‘Actus non facit reum nisi mens sit rea.’ But when is a mens rea? In the last twenty years discussions of this question have been stimulated by controversial decisions in the English House of Lords in the cases of Smith, Morgan and Majewski.The case of Smith decided that a man might be guilty of murder if a reasonable person, knowing the circumstances, would have foreseen that death would result even if the agent himself did not so foresee. This appeal (...) to the ‘reasonable person’ imports what is known as the ‘objective test’ as opposed to the ‘subjective test’ of the agent's actual foresight or knowledge. The case of Morgan inclined per contra to the subjective test. (shrink)

The early decades of the last century saw European philosophical thought becoming increasingly interested in the sociological extension of the idea of law. From the viewpoint of the sociology of law, law is formed in the process of social interactions and is not sanctioned by the state. Sergey Hessen and Georges Gurvitch base their conceptions of social law on the sociology of law in the 1920s and 1930s. They start a polemic in the pages of the journal Sovremenniye zapiski. Although (...) they differ radically in their definitions of the status of the state they concur in defining society as a set of social institutions and communities existing as instruments for expressing personal freedom. The social regulations they propose are already legal situations. Hessen and Gurvitch believe that the individual can fully exercise his/her freedom only in conditions of such legal pluralism. However, the concept of legal pluralism involves an inherent problem of preserving social unity: why is it that society does not fall into a range of autonomous social entities, each offering the individual its own legal order for actualising freedom? To solve this problem the philosophers use the concept of “the general will”. General will is an instrument of correlation between individual freedom and the development of society and culture as a whole. The object of philosophical dispute is how the general will is formed: 1) in the process of social self-organisation according to Gurvitch; 2) in the operation of the suprafunctional organisation according to Hessen. The difference in the grounding of the general will leads to a difference in the concepts of social unity: 1) sobornost according to Gurvitch and 2) solidarity according to Hessen. Analysis of the dispute between Gurvitch and Hessen brings out not only the differences in the interpretation of social unity but also the fundamental problems with the conceptions of social law. (shrink)

This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (shrink)

' I heartily recommend it to any philosopher of language interested in the issues. [] Logicians, of course, will want to savour the whole thing.' Australian Journal of Philosophy, 71:3 (1993).

We motivate and introduce a new method of abduction, Matrix Abduction, and apply it to modelling the use of non-deductive inferences in the Talmud such as Analogy and the rule of Argumentum A Fortiori. Given a matrix $${\mathbb {A}}$$ with entries in {0, 1}, we allow for one or more blank squares in the matrix, say a i,j =?. The method allows us to decide whether to declare a i,j = 0 or a i,j = 1 or a i,j =? (...) undecided. This algorithmic method is then applied to modelling several legal and practical reasoning situations including the Talmudic rule of Kal-Vachomer. We add an Appendix showing that this new rule of Matrix Abduction, arising from the Talmud, can also be applied to the analysis of paradoxes in voting and judgement aggregation. In fact we have here a general method for executing non-deductive inferences. (shrink)

From pre-Christian times until the present day, philosophers have discussed whether, given evil, belief in God can logically be maintained. Theists and non-theists remain unconvinced by one another's arguments. This study re-examines the question of God and evil from a neutral standpoint and claims that neither side has come to adequate grips either with the question itself or with the other side's case, chiefly because of failure to distinguish the kinds of problem raised by evil.

The use of genetic testing and neuroscientific evidence in legal trials raises several issues. Often their interpretation is controversial: the same evidence can be used to sustain both the prosecution’s and defense’s argument. A recent Italian case confirms such concerns and stresses other relevant related questions.

Neo-republicanism seems well suited to provide insight into current policies for the control and restriction of immigration. In this paper, I discuss three different accounts of domination to assess whether they can provide intuitively acceptable responses to the types of domination experienced by different groups of immigrants. First, I present and criticize an argument offered by Philip Pettit in support of the view that immigration restrictions could in principle avoid being dominating. My criticism focuses on Pettit’s account of non-arbitrary governmental (...) action that claims that laws and policies are not dominating when people have democratic control over the government’s activity. Given the failure of Pettit’s argument, I turn to the proceduralist account of non-arbitrary state action proposed by Frank Lovett, and discuss the limitations of the account in diagnosing all ways in which border controls and immigration policy can generate domination. Finally, I present and defend the view that governmental action is not dominating when there are adequate checks that protect the objective interests of individuals. (shrink)

The term ‘manipulation’ is frequently employed but rarely discussed or defined in psychiatric circles. This paper reviews previous conceptual analyses of the term by philosophers and psychiatrists, and examines its use in ordinary discourse. A series of characteristics which comprise the conceptual core of the term when it is unambiguously applied in interpersonal settings are proposed. Manipulation is contrasted with other behavior control methods such as rational persuasion and coercion, with emphasis on the role played by deception and the communicative (...) context in which the manipulative transaction occurs. It is argued that manipulative behavior is fundamentally intentional, and the usefulness of the concept of ‘unconscious manipulation’ is questioned. Though the proposal that Manipulative Personality Disorder be formally recognized as a new diagnostic category is rejected, it is urged that the concept of manipulation receive wider attention and discussion within the mental health community. (shrink)

This book defends antitheodicism, arguing that theodicies, seeking to excuse God for evil and suffering in the world, fail to ethically acknowledge the victims of suffering. The authors argue for this view using literary and philosophical resources, commencing with Immanuel Kant's 1791 "Theodicy Essay" and its reading of the Book of Job. Three important twentieth century antitheodicist positions are explored, including "Jewish" post-Holocaust ethical antitheodicism, Wittgensteinian antitheodicism exemplified by D.Z. Phillips and pragmatist antitheodicism defended by William James. The authors argue (...) that these approaches to evil and suffering are fundamentally Kantian. Literary works such as Franz Kafka'sThe Trial, Samuel Beckett's Waiting for Godot, and George Orwell's Nineteen Eighty-Four, are examined in order to crucially advance the philosophical case for antitheodicism. (shrink)

Within the moral/social order maintained and reproduced by biomedical ethics (i.e., the “peaceable community”), suffering is a senseless accident with no value. Insofar as suffering compromises the fundamental pillar of this order, namely, autonomy, it threatens the existence of the “peaceable community”. Consequently, biomedical ethics is only able to offer those who suffer one moral or practical response: that of elimination, embodied most vividly in the increasingly approved practice of assisted-suicide. Another moral/ social order, however, the “peaceable Kingdom” or the (...) “Body of Christ”, provides an alternative understanding of the meaning, purpose, and significance of suffering, through the Roman Catholic sacrament of anointing of the sick. Recognizing the power of sickness and suffering to “dis-inscribe” bodies of their normative self-understandings, the Church responds with a set of liturgical practices which intend to respond to the dynamics of suffering, re-inscribe these bodies, and assist persons in fulfilling the vocation of “participating in Christ's suffering for the salvation of the world”. (shrink)

The following definition of “objective” is proposed: A statement S is objective if and only if in S all parameters that are relevant to its truth value are made explicit. The objectivity of predicates and relations can be defined in a similar manner. This simple conception of objectivity-which could be called “explicitness conception of objectivity”-can be found in Hermann Weyl and plays a central part in the natural sciences. There are grades of objectivity depending on the ‘quality’ and the number (...) of parameters our predicates are relativized to A relativistic Ockham principle has to be recognized: Relativization parameters are not to be multiplied beyond necessity. The explicitness conception of objectivity is accessible to mathematical specifications, is the core of the idea of invariance, has a lot of philosophical applications and leads to precise notions of ‘subjectivity’ and a precise formulation of the problem of the limits of objectivity. (shrink)

The traditional “realist” conception of physics, according to which human concepts, laws and theories can grasp the essence of a reality in our absence , seems incompatible with quantum formalism and it most fruitful interpretation. The proof rests on the violation by quantum mechanical formalism of some fundamental principles of the classical ontology. We discuss if the conception behind Einstein’s idea of a reality in our absence, could be still maintained and at which price. We conclude that quantum mechanical formalism (...) is not formulated on those terms, leaving for a separated paper the discussion about the terms in which it could be formulated and the onto-epistemological implications it might have. (shrink)

In this paper, I seek to provide building blocks for a reconciliation of the ethical care for heritage protection and nature restoration ethics. It will do so, by introducing a hermeneutic landscape philosophy that takes landscape as a multi-layered “text” in need of interpretation, and place identities as build upon certain readings of the landscape. I will argue that from a hermeneutic perspective, both approaches appear to complement each other. Renaturing presents a valuable correction to the anthropocentrism of many European (...) rural cultures. Yet, heritage protectionists rightly point to the value of narratives for Old World identities. I will conclude with a short reflection on how such a hermeneutic environmental ethic can be helpful in dealing with environmental conflicts. (shrink)

Wines with geographical indication can be classified and represented by such features as designations of origin, producers, vintage years, alcoholic strength, and grape varieties; these features allow us to define wines in terms of a set of necessary and/or sufficient conditions. However, wines can also be identified by other characteristics, involving their look, smell, and taste; in this case, it is hard to define wines in terms of necessary and/or sufficient conditions, as wine concepts exhibit typicality effects. This is a (...) setback for the design of computer science ontologies aiming to represent wine concepts, since knowledge representation formalisms commonly adopted in this field do not allow for the representation of concepts in terms of typical traits. To solve this problem, we propose to adopt a hybrid approach in which ontology-oriented formalisms are combined with a geometric representation of knowledge based on conceptual spaces. As in conceptual spaces, concepts are identified in terms of a number of quality dimensions. In order to determine those relevant for wine representation, we use the terminology developed by the Italian Association of Sommeliers to describe wines. This will allow us to understand typicality effects about wines, determine prototypes and better exemplars, and measure the degree of similarity between different wines. (shrink)

A few results generalizing well-known classical model theory ones have been obtained in institution theory these last two decades (e.g. Craig interpolation, ultraproduct, elementary diagrams). In this paper, we propose a generalized institution-independent version of the Beth definability theorem.

In June 2021, new waves of the current COVID-19 pandemic are still messing up our lives and magnetizing the compass of our life. No other epidemics or pandemics have been politicized at such a level since ancient times. The full political spectrum from right to left has tried to ride this pandemic and upset the public health response efforts. Statistics and politics have changed our daily approach to this brutal infection, but even crueler has been the palpable miscommunication. Massive and (...) uncontrolled lockdowns and not climate change are destroying the economy of our planet. Intolerance against vaccine opponents and hesitant families has been vocalized with martial tones in both social media and news channels. In this book, the author analyzes the pandemic in a historical context, emphasizes the importance of facemasks, but also highlights our human approach to anti-mask psychology. It would be appalling to call mistakes in public health decisions "learned lessons" because it reduces the gravity of the consequences of inadequate communication. Our youth is our future. The mental issues arising from a lack of social interaction and in-person education are dreadful. Vaccines are powerful and represent the most outstanding progress in medicine. There is light at the end of the tunnel, but vaccine acceptance or herd immunity is not the answer, or probably, not the only one. There is true hope that we are going back to our world, but the COVID-19 pandemic may be an occasion to reconsider the traditional family in the center of our lives and daily politics. A tolerance towards any race needs to be contagious, militant, and blazing to vehemently rebuild and revitalize the American Dream. (shrink)

LetL(K) denote the lattice (ordered by inclusion) of quasivarieties contained in a quasivarietyK and letD 2 denote the variety of distributive (0, 1)-lattices with 2 additional nullary operations. In the present paperL(D 2) is described. As a consequence, ifM+N stands for the lattice join of the quasivarietiesM andN, then minimal quasivarietiesV 0,V 1, andV 2 are given each of which is generated by a 2-element algebra and such that the latticeL(V 0+V1), though infinite, still admits an easy and nice description (...) (see Figure 2) while the latticeL(V 0+V1+V2), because of its intricate inner structure, does not. In particular, it is shown thatL(V 0+V1+V2) contains as a sublattice the ideal lattice of a free lattice with free generators. Each of the quasivarietiesV 0,V 1, andV 2 is generated by a 2-element algebra inD 2. (shrink)