Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

The aim of this essay is to develop a coherence theory for the justification of evidentiary judgments in law. The main claim of the coherence theory proposed in this article is that a belief about the events being litigated is justified if and only if it is a belief that an epistemically responsible fact finder might hold by virtue of its coherence in like circumstances. The article argues that this coherentist approach to evidence and legal proof has the resources to (...) meet some of the main objections that may be addressed against attempts to analyze the justification of evidentiary judgments in law in coherentist terms. It concludes by exploring some implications of the proposed version of legal coherentism for a jurisprudence of evidence. (shrink)

Companies that are serious about corporate governance and business ethics are turning their attention to gender diversity at the most senior levels of business . Board gender diversity has been the subject of several studies carried out by international organizations such as Catalyst , the World Economic Forum , and the European Board Diversity Analysis . They all lead to reports confirming the overall relatively low proportion of women on boards and the slow pace at which more women are being (...) appointed. Furthermore, the proportion of women on corporate boards varies much across countries. Based on institutional theory, this study hypothesizes and tests whether this variation can be attributed to differences in cultural settings across countries. Our analysis of the representation of women on boards for 32 countries during 2010 reveals that two cultural characteristics are indeed associated with the observed differences. We use the cultural dimensions proposed by Hofstede to measure this construct. Results show that countries which have the greatest tolerance for inequalities in the distribution of power and those that tend to value the role of men generally exhibit lower representations of women on boards. (shrink)

This paper argues for a coherentist theory of the justification of evidentiary judgments in law, according to which a hypothesis about the events being litigated is justified if and only if it is such that an epistemically responsible fact-finder might have accepted it as justified by virtue of its coherence in like circumstances. It claims that this version of coherentism has the resources to address a main problem facing coherence theories of evidence and legal proof, namely, the problem of the (...) coherence bias. The paper then develops an aretaic approach to the standards of epistemic responsibility which govern legal fact-finding. It concludes by exploring some implications of the proposed account of the justification of evidentiary judgments in law for the epistemology of legal proof. (shrink)

This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.

Este trabajo estudia algunas colecciones de documentos notariales árabes que se han conservado en Granada, desde el punto de vista de la mentalidad de archivo. Está especialmente enfocado al análisis de cómo y por qué sobrevivieron estos documentos y quién pudo pensar que se trataba de un material que merecía ser preservado. Este estudio contribuye a conocer mejor el comportamiento de los habitantes de Granada hacia los documentos árabes.

Este articulo se sitúa en el punto de cruce entre spinozismo y feminismo. Retomando aspectos de la filosofia de Spinoza presentes en la lectura de Moira Gatens, se establecerá un entramado de conexiones entre las nociones de cuerpo y potencia, cuerpos e imaginarios, cuerpos sexuados y cuerpo politico, potencia y creación. The topic developed herein locates in the point where Spinozism and feminism cross over. Based on some aspects of Spinoza's thought as pointed out by Moira Gatens' reading, a lattice (...) of connections will be built based on the notion pairs: body and power, bodies and imageries, sexed bodies and political body, power and creation. (shrink)

This short piece is the introduction to the Special Issue on ‘Virtue and the Law’ published by Jurisprudence in March 2019 (vol 9, issue 1). It explains the scope of the project and its place in the unfolding of virtue jurisprudence that has occurred in the past few decades, as well as introducing the topics addressed in the volume. In the first couple of pages the authors/editors outline a very brief genealogy of virtue jurisprudence and of its relation to both (...) legal theory and virtue theory. The rest of the text presents the contributions to the volume in turn, identifying some of the substantive issues addressed by each of them and their place in the investigation of the interface between virtue theory and legal theory. (shrink)

Negli studi sul pensiero medievale la questione delle filosofie francescane si presenta come controversa a proposito della definizione di una essenza del pensiero francescano – in relazione alla figura di Francesco d’Assisi –, di temi di riflessione specifici e del rapporto con le tradizioni filosofiche precedenti.Si tratta di un francescanesimo controverso pure all’interno di una stessa tradizione storiografica, come quella Neoscolastica, in cui studiosi come Gilson, Vignaux e Boehner ne hanno sottolineato il carattere prevalentemente agostiniano o aristotelico.Partendo dalla consapevolezza della (...) problematicità della questione, il saggio si sofferma sui possibili caratteri comuni delle teorie della conoscenza in alcuni pensatori francescani tra XIII e XIV secolo, come Pietro Giovanni Olivi e Pietro Aureolo, a partire dai concetti di conversio, intentio e reflexio e dal loro rapporto con la tradizione agostiniana.Si delineano così teorie della conoscenza che privilegiano l’attività e l’immediatezza del conoscere, sia per la conoscenza diretta sia per quella riflessa.Infine, tali caratteri si possono cogliere pure in un autore non francescano ma secolare come Nicola di Autrecourt, la cui teoria della conoscenza ha fatto parlare di un internalismo vicino a quello delle correnti francescane del XIV secolo. In conclusione, se da una parte non si può ipostatizzare l’idea di caratteri comuni del pensiero francescano, dall’altra si può forse parlare di un comune universo discorsivo in cui la figura di Francesco d’Assisi mostra la propria portata filosofica nella storia. In the History of Medieval Philosophy’s studies, the question of Franciscan philosophies has been the subject of controversy concerning the definition of an essence of Franciscan thought, about the relationship with Francesco d’Assisi, of specific topics of reflection and relationship with the previous philosophical traditions.It is a controversial Franciscanism even within the same historiographical tradition, such as the Neo-Scholastic one, in which scholars such as Gilson, Vignaux and Boehner have emphasised its predominantly Augustinian or Aristotelian character.Starting from the awareness of the problematic nature of the issue, the essay focuses on the possible common peculiarities of the theories of knowledge in some Franciscan thinkers between the 13th and 14th centuries, such as Pietro Giovanni Olivi and Pietro Aureolo, starting from the concepts of conversio, intentio, reflexio and their relationship with the Augustinian tradition.Thus the theories of knowledge are delineated which privilege the activity and the immediacy of knowing, both for direct and reflected knowledge.Finally, these features can also be grasped in a non-Franciscan but secular author like Nicola di Autrecourt, whose theory of knowledge has made mention of a type of internalism close to that of the 14th century Franciscan movement. Therefore, in conclusion, while on the one hand the idea of common particularities of Franciscan thought can not be hypostatised, on the other hand we can perhaps speak of a common discursive universe in which the figure of Francesco d’Assisi shows his philosophical significance in history. (shrink)

This paper examines the normativity of law, that is, law’s capacity to guide behavior by generating reasons for action, from the perspective of virtue jurisprudence. It articulates a virtue-based model of law’s normativity according to which the law generates first order reasons for action (that is, loyalty-reasons) that need to be factored in citizens’ and legal officials’ practical reasoning, which consists, primarily, in the search for the best specification of the values involved in light of an account of the good (...) life and the role that the law plays wherein. The outcome of this piece of practical reasoning is a judgment about what ought to be done, the rightness of which depends, on the proposed model, on whether it is a judgment that a virtuous person would characteristically do in the circumstances. This model, it is argued, has distinctive features that set it apart from some prominent accounts of the normativity of law. It may, however, be disqualified as a plausible alternative account of the normativity of law on the grounds that it fails to provide action-guidance. The last part of the paper responds to this objection in a way that unveils the relevance of the social dimensions of virtue to law’s normativity. (shrink)

In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis (...) of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making. (shrink)

La presente contribución recoge el diálogo mantenido entre distintos filósofos del Derecho a propósito de la última obra del Profesor Massimo La Torre “Il diritto contro se stesso. Saggio sul positivismo giuridico e la sua crisi”. Al hilo del trabajo del citado autor, los participantes reflexionan sobre preguntas centrales para la teoría y filosofía del Derecho contemporánea: ¿cuál es la naturaleza del Derecho? ¿es el razonamiento jurídico eminentemente moral? ¿qué lugar debe ocupar la práctica jurídica en su conceptualización? ¿qué lugar (...) ocupa la fuerza en el Derecho? (shrink)

This paper articulates an egalitarian conception of judicial humility and justifies its value on the grounds that it importantly advances the legal and political ideal of fraternity. This account of the content and value of the virtue of humility stands in sharp contrast with the dominant view of judicial humility as deference or judicial restraint. The paper concludes by discussing some ways in which the account of humility and of its value provided in the paper furthers our understanding of the (...) judicial virtues and of the political implications of giving virtue a role in adjudication. (shrink)

Peirce’s category of Firstness is first and fundamental. Without Firstness, we can say, nothing can (later) be – no time, no space, no things, no processes, no growth, no regularities, and no thoughts – hence, nothing of which we can ever conceive. However, despite the fundamentality of Peirce’s category of Firstness, we still do not believe that it has received the attention that it rightly deserves; not by Peirce himself, nor by his commentators. In the following we will, therefore, look (...) at the category of Firstness and try to give a modest glimpse of its fundamentality in relation to four other of Peirce’s central concepts: namely, evolution, consciousness, icon, and, finally, abduction. (shrink)

Charles Peirce provided a few, but interesting we believe, remarks about metaphor. Aristotle on the other hand developed a theory of metaphor that, to this day has been, and still is, influential (even though his theory, especially within recent years, also has been heavily criticized, e.g., by Lakoff, George & Mark Johnson. 1980. Metaphors we live by. Chicago: Chicago University Press). Factor, Lance R. 1996. Peirce’s definition of metaphor and its consequences. In Vincent Colapietro & Thomas Olshewsky (eds.), Peirce’s doctrine (...) of signs: Theory, applications, and connections, 229–235. Berlin/new York: Mouton De Gruyter, as one of very few scholars, makes a comparison between Peirce and Aristotle. Factor claims that Peirce’s definition of metaphor and its consequences undermine and overturn Aristotle’s theory. We do not believe that Factor is right; and this is due to Factor’s misinterpretation of key elements within Aristotle’s theory. We rather believe that Peirce and Aristotle, in fact, have central ideas in common concerning metaphor; perhaps, in particular, when it comes to the function of metaphor. Hence, both see, for example, metaphor as a cognitive mechanism. The article tries to develop this argument. (shrink)

A sizeable body of literature suggests that informal methods of dispute resolution — and, in particular, conciliation — flourish only in societies marked by extensive social hierarchy. Given this literature, it is quite surprising to discover that in the mid-nineteenth century, the United States embarked on an extensive debate regarding whether to adopt "conciliation courts," whose primary function was to reconcile the disputants by persuading them to embrace an equitable compromise. First created by the French Revolutionaries in 1790, conciliation courts (...) were widely established throughout continental Europe. Observing this development, leading American lawyers and politicians pondered seriously whether the United states ought to follow suit. Debate over whether to embrace such institutions occurred at the very highest of levels, and a series of states enacted constitutional provisions authorizing their legislatures to create conciliation courts. Ultimately, however, despite the widespread interest in such institutions, these were never established — except in the notable case of the Freedmen’s Bureau courts of the Reconstruction South. This Article explores this largely forgotten episode in American legal history. It examines why a nation that was radically egalitarian by standards of the time would seriously consider embracing an institution that we tend more commonly to associate with inegalitarian, strongly hierarchical societies — and why, after coming so close to adopting conciliation courts, it ultimately failed to do so. In the process, by situating the debate over conciliation courts in a broader social and legal context, the Article also excavates the origins of the modern, quintessentially American commitment to the virtues of formal, adversarial process. (shrink)

The Exceptionality of Solidarity In times of crisis, we witness exceptional expressions of solidarity. Why does solidarity spring in times of crisis when it wanes in normal times? An inquiry into what may explain the differences between the expression of solidarity in crisis vs. normalcy provides, as I will argue in this article, important insights into the conditions and nature of solidarity. Solidarity requires, I will contend, an egalitarian ethos and state action within and beyond the state. It is neither (...) a momentary political ideal, nor an exclusionary one, which depends for its sustainment on formal, legal, structures. Transient, sectarian, and informal conceptions of solidarity unduly curtail the demands of solidarity by restricting its reach to times of crisis, to in-group recipients, and to the social rather than the legal sphere. The article concludes by discussing some aspects of the dynamics of solidarity and its inherent risks that the analysis of the exceptionality of solidarity helps bring into focus. (shrink)

This essay is devoted to Albert the Great’s theoretical treatment of fatherhood and motherhood, male and female genders, in the generation of the vegetabilia. While animals reproduce by the mating of female and male individuals, plants do not display a sexual distinction through a male and female configuration. Moreover, in the generation of plants, the maternal and paternal functions are not performed by individuals of the same species as what is generated. To fulfill the generative process, plants require the external (...) agency of the Sun and the ground, traditionally deemed as “pater et mater plantarum”. The question of the generation of plants is dealt with at length in Albert’s De vegetabilibus et plantis, where he gives an extensive treatment of plants’ life modeled after the epistemology of Aristotle’s works on animals. This theoretical approach is not confined to Albert’s natural philosophical works but extends also to his theological investigation. By adopting an interdisciplinary standpoint, this essay will show how Albert progressively develops an explicative model for plants generation that, through the comparison with animal generation, aims at identifying the respective domains of matter and form, fatherhood and motherhood, male and female genders, also in the generation of plants. (shrink)

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The way Aristotle conceives his very notion of potency manifests that capacity and incapacity are not as far from each other as we usually think, the reason for that being the finite character of potency on the one hand and the presence of télos in the heart of potency on the other hand.

Doctor Virtualis 16 "Narrare il Medioevo" - Introduzione Doctor Virtualis 16 "Narrating the Middle Ages" - Introduction.

This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...) it is such that an epistemically responsible legal decision-maker would have accepted it as justified by virtue of its coherence in like circumstances. Last, looking beyond the coherence theory, the paper explores the implications of the version of legal coherentism proposed for a general theory of legal reasoning and rationality. (shrink)