ABSTRACTLegal reasoning is commonly thought of as being based on either rules or analogies. More specifically, there is ongoing debate regarding whether precedential reasoning is best characterized as rule-based or analogical. This article continues that work by comparing recent and representative approaches from each camp, namely, Stevens's analogical model and the “rule-based” model of Horty and Rigoni. In the course of the comparison improvements on each approach are suggested and the improved models serve as the basis for the ultimate (...) evaluation. The evaluation demonstrates that the “best” approach depends on the goals one has in theorizing legal reasoning as well as the jurisprudential assumptions one is willing to make. (shrink)

The widespread use of brain imaging techniques encourages conceiving of neuroscience as the forthcoming “mindscience.” Perhaps surprisingly for many, this conclusion is still largely unwarranted. The present paper surveys various shortcomings of neuroscience as a putative “mindscience.” The analysis shows that the scope of mind (both cognitive and phenomenal) falls outside that of neuroscience. Of course, such a conclusion does not endorse any metaphysical or antiscientific stance as to the nature of the mind. Rather, it challenges a series of assumptions (...) that the undeniable success of neuroscience has fostered. In fact, physicalism is here taken as the only viable ontological framework – an assumption that does not imply that the central nervous system exhausts the physical domain. (shrink)

It has been claimed that counterpart theory cannot support a theory of actuality without rendering obviously invalid formulas valid or obviously valid formulas invalid. We argue that these claims are not based on logical flaws of counterpart theory itself, but point to the lack of appropriate devices in first-order logic for “remembering” the values of variables. We formulate a mildly dynamic version of first-order logic with appropriate memory devices and show how to base a version of counterpart theory with actuality (...) on this. This theory is, in special cases, equivalent to modal first-order logic with actuality, and apparently does not suffer from the logical flaws that have been mentioned in the literature. (shrink)

What is the role of education in a world where we no longer have a clear vision of the future and where the idea of a single, universal model of humanity seems like the residue of a bygone age? What role should educators play in a world where young people find themselves faced with deep uncertainty about their future, where the prospects of securing a stable, long-term career seem increasingly remote and where intensified population movements have created more diverse communities (...) in which different cultures find themselves living side by side, no longer bound together by the belief that the other would eventually be assimilated into ‘our' culture? Faced with the bewildering features of our liquid modern world, many young people are inclined to withdraw - in some cases into the online world of games and virtual relationships, in other cases into anorexia, depression, alcohol or even drug abuse, hoping to find shelter from a world perceived as more and more dangerous. Others launch into more violent forms of behaviour, like street gangs and the looting carried out by young people who have been excluded from the temples of consumption but are eager to participate in the ceremony. And all this happens while our politicians look on, uncomprehending and indifferent. In this short book Zygmunt Bauman - the leading social theorist of our liquid modern world, here in conversation with Riccardo Mazzeo - reflects on the predicament of young people today and on the role of education and the educator in a world where the certainties of our predecessors can no longer be taken for granted. (shrink)

This paper gives an account of dimensions in the reason model found in Horty : 1–33, 2011), Horty and Bench-Capon and Rigoni :133–160, 2015. doi: 10.1007/s10506-015-9166-x). The account is constructed with the purpose of rectifying problems with the approach to incorporating dimensions in Horty, namely, the problems arising from the collapse of the distinction between the reason model and the result model on that approach. Examination of the newly constructed theory revealed that the importance of dimensions in the reason (...) model lies in their ability to establish weighings between reasons/factors of the same polarity. This permits past cases to constrain future cases in ways they could not on the reason model with just factors. The paper then discusses how dimensions might be established from a case base and how dimensions that are incomplete in various aspects might be dealt with in the theory. It closes with comparisons to other work in the literature on AI and Law and suggestions for further improvement of the reason model. (shrink)

Believing in free will may arise from a biological need for control. People induced to disbelieve in free will show impulsive and antisocial tendencies, suggesting a reduction of the willingness to exert self-control. We investigated whether undermining free will affects two aspects of self-control: intentional inhibition and perceived self-control. We exposed participants either to anti-free will or to neutral messages. The two groups then performed a task that required self-control to inhibit a prepotent response. No-free will participants showed less intentional (...) inhibitions than controls, suggesting a reduction of self-control. We assessed perceived self-control by asking participants whether the response resulted from a deliberate intention or from an impulsive reaction. Perceived self-control was lower in the no-free will group than in control group. Our findings show that undermining free will can degrade self-control and provide insights into how disbelieving in free will leads to antisocial tendencies. (shrink)

This study investigates interpersonal processes underlying dialog by comparing two approaches, interactive alignment and interpersonal synergy, and assesses how they predict collective performance in a joint task. While the interactive alignment approach highlights imitative patterns between interlocutors, the synergy approach points to structural organization at the level of the interaction—such as complementary patterns straddling speech turns and interlocutors. We develop a general, quantitative method to assess lexical, prosodic, and speech/pause patterns related to the two approaches and their impact on collective (...) performance in a corpus of task-oriented conversations. The results show statistical presence of patterns relevant for both approaches. However, synergetic aspects of dialog provide the best statistical predictors of collective performance and adding aspects of the alignment approach does not improve the model. This suggests that structural organization at the level of the interaction plays a crucial role in task-oriented conversations, possibly constraining and integrating processes related to alignment. (shrink)

Summary In this contribution, I discuss the perceptual potential of certain genres of experimental and contemporary music, commonly grouped under the label “sound-based music”. The sonic patterns typical of this music are mostly associated, during listening, with visual and tactile sensory qualities and can evoke mental representations as shapes in motion. These are the result of physical-acoustic energies organized according to a perceptual grammar whose organization follows a series of Gestalt and kinaesthetic principles. The paper explores the nature of the (...) relationship between sound patterns of sound-based music and their mental images. Based on morphodynamic theory, it is proposed the emergence of cognitive image schemas, which are at the centre of this relationship. The image schemas depict the forces and tensions of our experience of the world (e.g., figure-background, near-far, superimposition, compulsion, blockage), as being the cognitive and experiential response to the incoming sound patterns. The sense of this music activates precisely the basic structures of sensorimotor experience by which we encounter a world that we can understand and act within, leading to a rich series of high-level associations and responses. (shrink)

The problem of free will is among the most fascinating and disputed questions throughout the history of philosophy and psychology. Traditionally limited to philosophical and theological debate, in the last decades it has become a matter of scientific investigation. The theoretical and methodological advances in neuroscience allowed very complex psychological functions related to free will (conscious intentions, decision-making, and agency) to be investigated. In parallel, neuroscience is gaining momentum in the media, and various scientific findings are claimed to provide evidence (...) that free will is nothing more than an illusion. Why do neuroscientific findings have such a strong impact on our notion of free will? Does it really matter what neuroscience tells us about free will? Here we critically examine studies in experimental philosophy, social psychology and cognitive neuroscience that attempt to provide an empirical answer to these questions. This overview of the literature demonstrates that inducing disbelief in free will has an impact on folk psychology, social behavior and intentional action. (shrink)

This article discusses the desirability and feasibility of modeling precedents with multiple interpretations within factor-based models of precedential constraint. The main idea is that allowing multiple reasonable interpretations of cases and modeling precedential constraint as a function of what all reasonable interpretations compel may be advantageous. The article explains the potential benefits of extending the models in this way with a focus on incorporating a theory of vertical precedent in U.S. federal appellate courts. It also considers the costs of extending (...) the models in this way, such as the significant increase in the functional size of the case base and the need to provide some kind of ordering on interpretations to select a “best” interpretation. Finally, the article suggests partially incorporating multiple interpretations of dimensions as a realistic starting point for incorporating interpretations generally, and shows how doing so can help address difficulties with dimensions. The conclusion remarks on the use of interpretations to deal with inconsistent precedents. (shrink)

This is an excerpt from the contentThe reasons that drive individuals to develop new technologies and to disseminate them in new products and processes, and the capacity to develop original solutions to technological problems, can be analysed with the concepts typical of individual and social cognitive psychology. Various aspects of cognitive activity address innovation. In particular, the capacity to grasp the latent questions and needs of the market that lies behind the possibility to identify opportunities for new products or services; (...) the means of generating solutions that can respond effectively to the realisation of these new opportunities; problem solving processes in the identification of new procedures that underpin process inventions and new manufacturing techniques; the risk of innovative behaviour and the contexts that can favour a greater or lesser propensity to develop innovative solutions. The best historical example of the two stages of the identification of the problem/opportunity and the generation of. (shrink)

Avicenna is the most influential figure in the intellectual history of the Islamic world. This book is the first comprehensive study of his theory of science, which profoundly shaped his philosophical method and indirectly influenced philosophers and theologians not only in the Islamic world but also throughout Christian Europe and the medieval Jewish tradition. A sophisticated interpreter of Aristotle’s _Posterior Analytics_, Avicenna took on the ambitious task of reorganizing Aristotelian philosophy of science into an applicable model of scientific reasoning, striving (...) to identify conditions of certainty for scientific assertions and conditions of adequacy for real definitions. Riccardo Strobino combines philosophical and textual analysis to explore the scope and nature of Avicenna’s contributions to the logic of scientific reasoning in his effort to recalibrate Aristotle’s model and overcome some of its internal limitations. Focusing on a broad array of philosophical innovations at the intersection of logic, metaphysics, and epistemology, this book casts light on an essential aspect of the thought of the preeminent philosopher and physician of the Islamic world. (shrink)

INDICE -/- Note biografiche Introduzione, di Riccardo Faucci -/- Parte I - Da Verri a Toniolo 1. Jeremy Bentham: Contemporary Interpretations, di M.D.A. Freeman 2. Su Helvétius, Beccaria e Bentham, di Letizia Gianformaggio 3. L'etica utilitaristica di Pietro Veti, di Vincenzo Polignano 4. ll liberismo interventista di Vincenzo Emanuele Sergio, di Anna Li Donni 5. Il concetto di " felicità pubblica, nella << Genesi del diritto penale » di Romagnosi, e il rapporto Romagnosi-Bentham, di Robertino Ghiringhelli 6. « La (...) più grande felicità per il maggior numero » all'Accademia dei Georgofili ( 18)0-1850), di Gabriella Gioli 7. Una nota su Manzoni critico dell'utilitarismo, di Maurizio Mori 8. Sul concetto di utile in Francesco Ferrara e in Maffeo Pantaleoni, di Daniela Parisi Acquaviva 9. Sul pensiero sociale cristiano di fronte all'edonismo, di Luciano Avagliano 10. Giuseppe Toniolo e il recupero cattolico dell'utile e del valore, di Anna Camaiti -/- Parte II Aspetti di storia del pensiero economico nell’età classica -/- 1. La filosofia economica di Thomas Hobbes, di Marco Bertozzi 2. Ordinamento del sapere, modelli metodologici ed economia politica in Adam Smith, di Sergio Cremaschi 3. Elementi classici nel pensiero di Adam Smith: giurisprudenza romana e morale stoica, di Gloria Vivenza 4. Il “lusso” negli economisti italiani del Settecento, di Cosimo Perrotta 5. Prezzi naturali, prezzi di mercato e legge degli sbocchi nel dibattito fra Malthus e Ricardo, di Lilia Costabile 6. Marx e la moneta, di Roberto Petrini -/- . (shrink)

Gupta has proposed a definition of strategic rationality cast in the framework of his revision theory of truth. His analysis, relative to a class of normal form games in which all players have a strict best reply to all other players’ strategy profiles, shows that game-theoretic concepts have revision-theoretic counterparts. We extend Gupta’s approach to deal with normal form games in which players’ may have weak best replies. We do so by adapting intuitions relative to Nash equilibrium refinements to the (...) revision-theoretic framework. We prove that there is a precise equivalence between trembling-hand perfect equilibria in two-player normal games and a revision-theoretic property. We then introduce lexicographic choice of action as a way to represent players’ expectations, which allows our analysis to reach full generality. Finally, we provide an example of the versatility of revision theory as applied to strategic interaction by formalizing a risk-and-compensation procedure of strategic choice in the revision-theoretic framework. (shrink)

In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where (...) the two projects interact. (shrink)

The article aims to demonstrate that the nudge theory suffers from three main weaknesses stemming from its theoretical dependence on behavioural economics. The first two weaknesses endanger the paternalistic goal, whereas the third does not justify the libertarian attribute. The first weakness lies in the incomplete realistic characterisation of behavioural economics theory that is the central theoretical pillar of Nudge theory. The second weakness is even more relevant. The normative model of behavioural economics is neoclassical rationality. It can be applied (...) to choices in conditions of risk, when it is possible to forecast the probability of the outcomes of one’s choices. On the contrary the real life problems are inside a complex and uncertain environment. In an uncertain environment the neoclassical algorithms are no longer valid, in that they postulate the knowledge of the probability of the outputs. Thus errors and bias, as observed in behavioural economics, are not such in many instances, but they are instead adaptive and therefore rational responses to the context of decision-making. Therefore nudge theory that pursues the normative paternalistic objective of neutralising the bias and judgement errors discovered by behavioural economics and putting paternalistically the citizen on the right track, is in fact proceeding in the wrong direction. The last weakness concerns an assumption of Nudge theory about the duality of mind. System 1 represents the intuitive mind, while System 2 corresponds to the analytical one. System 1 tends to make decisions quickly and unconsciously, while System 2 follows a slow and conscious process. Biases and judgement errors are mainly generated by System 1. However, System 2 may later intervene to correct them. From this premise, the Nudge theory affirms its libertarian character. In this paper I will argue that the dualism of the mind would not entail the reversibility of some nudges, particularly of default states. In this way the fundamental pillar is weakened to justify the libertarian character of the nudge theory. (shrink)

The study empirically investigates the relationship between corporate governance and the triple bottom line sustainability performance through the lens of agency theory and stakeholder theory. We claim, in fact, that no single theory fully accounts for all the hypothesised relationships. We measure sustainability performance through manual content analysis on sustainability reports of the US-based companies. The study extends the existing literature by investigating the impact of selected corporate governance mechanisms on each dimension of sustainability performance, as defined by the GRI (...) framework. Our approach allows to identify which governance mechanisms foster triple bottom line performance, also revealing that some mechanisms fit only specific dimension of sustainability. The fact-based findings provide support for a new beginning in the theorising process in which the theories must try not only to provide rationale for the impact of corporate governance on sustainability, but also to explain which dimension of sustainability might be more affected. The most important implication for practitioners is the support for sustainability practices, which may be gained through implementation of particular corporate governance mechanisms. The findings contribute also to the improvement of the ongoing standard setting process, in particular as it concerns the in-depth revision of the economic dimension of sustainability carried out under the new GRI framework. (shrink)

This book traces the genealogy of the Western political subject in major literary, philosophical, juridical and political texts.

Unity and Plurality. Logic, Philosophy, and Linguistics. Edited by Carrara Massimiliano, Arapinis Alexandra, Moltmann Friederike.

Prevention is a pervasive phenomenon. It is about blocking an effect before it happens or stopping it as it unfolds: vaccines prevent (the unfolding of) diseases; seat belts prevent events causing serious injuries; circuit breaks prevent the manifestation of overcurrents. Many disciplines in the information sciences deal with modeling and reasoning about prevention. Examples include risk and security management as well as medical and legal informatics. Having a proper conceptualization of this phenomenon is crucial for devising proper modeling mechanisms and (...) tools to support these disciplines. Forming such a conceptualization is a matter of Formal Ontology. In fact, prevention and related notions have become a topic of interest in this area. In this paper, with the support of Unified Foundational Ontology (UFO), we conduct an ontological analysis of this and other related notions, namely, the notions of countermeasures and countermeasure mechanisms, including the notion of antidotes. As a result of this conceptual clarification process, we propose an ontology-based reusable module extending UFO and capturing the relations between these elements. Finally, we employ this module to address a few cases in risk management. (shrink)

Proponents of strict rule-based theories of judicial reasoning in common-law systems have offered a number of criticisms of analogical alternatives. I explain these criticisms and show that at best they apply equally well to rule-based theories. Further, I show how the analogical theories explain a feature of judicial common-law reasoningthat rule-based theories ignore. Finally, I show that reason-based, analogical theories of common-law judicial reasoning, such as those offered by John Horty and Grant Lamond, offer especially strong rejoinders to the rule-theorist (...) objections and persuasive accounts of distinguishing. (shrink)

Recent research on “causal cognition” in adults and infants shows that we can perceive singular causal relations not previously experienced. In particular, infants that are able to perceive causality seem to rely on innate beliefs and principles that allow a priori inference of a connection between cause and effect. Can causal cognition in infants justify the thesis of causal realism? On the one hand, it weakens the central pillar of the Humean arguments: the impossibility of a synthetic a priori causal (...) inference. On the other hand, if perception is the privileged way of justifying the reality of objects of the external world, that is valid in the case of causal relations as well. Moreover, the perception of causal relations, based on innate principles and beliefs, reflects the selective results of the interaction between the real constraints of the physical structure of the world and the evolution of the human mind. (shrink)

The brief article deals with the following questions: Was the adaptive toolbox of heuristics ecologically rational and specifically accurate in the initial stages of COVID-19, which was characterized by epistemic uncertainty? In other words, in dealing with COVID-19 did the environmental structural variables allow the success of a given heuristic strategy?

The article aims to be a reflective paper on the interconnected concepts of training, development and innovation and the potential they have in dealing with change in organizations. We call change both the process through which something becomes different and the result of that process. Change management is the expression used to define the complex of activities, functions, and tools (such as training courses) through which an organization deals with the introduction of something new that is relevant for both its (...) survival and growth. Training and development are labels used to define those educational activities implemented in organizations to empower the competences of workers, employees and managers in the lifelong learning perspective of improving their performance. Consequently, we define competences as those personal characteristics that allow people to be effective in the changing contexts of both workplace and everyday life. They are also necessary in organizational innovation, which is the process of transforming ideas or inventions into goods or services that generate value and for which customers will pay. Training, development, and innovation are three different but interconnected functions by which organizations manage change. What is the state of the art of the literature dealing with these topics? Here, is a critical review on the matter. (shrink)

The series Commentaria in Aristotelem Graeca et Byzantina: Series academica is published by the Berlin-Brandenburg Academy of Sciences, and functions as a complement to the series Commentaria in Aristotelem Graeca et Byzantina: Sources and Studies. The editions and source collections of the Series academica provide a basis for research on Byzantine philosophy and education and on the lasting impact of peripatetic philosophy in the Greek middle ages. The series succeeds to the Commentaria in Aristotelem Graeca directed by Hermann Diels and (...) published by the Royal Prussian Academy of Sciences. The publication schedule of the series includes editions of commentaries by Alexander of Aphrodisias, Simplicius, John Philoponus, Michael of Ephesus, Nicephorus Blemmydes, George Pachymeres, Theodore Metochites, George Scholarius, and Bessarion. The series is also open for preliminary studies and companion volumes. https://www.degruyter.com/view/serial/CAGB-B. (shrink)

The paper introduces Hilbert– and Gentzen-style calculi which correspond to systems ${\mathsf{C}_{n}}$ from Gupta and Belnap [3]. Systems ${\mathsf{C}_{n}}$ were shown to be sound and complete with respect to the semantics of finite revision. Here, it is shown that Gentzen-style systems ${\mathsf{GC}_{n}}$ admit a syntactic proof of cut elimination. As a consequence, it follows that they are consistent.

This book investigates the problematisation in Adam Smith's moral philosophy of a classical question: what makes us human beings from a moral standpoint? To do this, Riccardo Bonfiglioli explores the relationship between the concepts of ‘human nature’, ‘mind’ and ‘the self’ in order to reconstruct Smith’s theory of subjectivity. After providing a systematic reconstruction of Adam Smith’s conceptions of ‘human nature’, ‘mind’ and ‘the self’ – exploring some aspects of Smith’s philosophy (nature, philosophy of history, sympathy and imagination) and (...) their empirical expressions (education, conduct and character) – Bonfiglioli argues that, in Adam Smith’s work, the meaning of ‘moral human beings’ would depend on the human being’s effort to live in harmony with oneself and the others. According to Bonfiglioli, in Smith’s moral theory, this ‘harmony with oneself and the others’ would be achieved in relation to a certain kind of awareness that can be possible when human beings try to judge the conduct and try to act according to the impartial spectator. Specifically, this impartial spectator is reinterpreted by the author in the light of the concept of immediacy. (shrink)

Do free will beliefs influence moral judgments? Answers to this question from theoretical and empirical perspectives are controversial. This study attempted to replicate past research and offer theoretical insights by analyzing World Values Survey data from residents of 46 countries (n = 65,111 persons). Corroborating experimental findings, free will beliefs predicted intolerance of unethical behaviors and support for severe criminal punishment. Further, the link between free will beliefs and intolerance of unethical behavior was moderated by variations in countries’ institutional integrity, (...) defined as the degree to which countries had accountable, corruption-free public sectors. Free will beliefs predicted intolerance of unethical behaviors for residents of countries with high and moderate institutional integrity, but this correlation was not seen for countries with low institutional integrity. Free will beliefs predicted support for criminal punishment regardless of countries’ institutional integrity. Results were robust across different operationalizations of institutional integrity and with or without statistical control variables. (shrink)

In Prior Analytics 1.15, Aristotle attempts to give a proof through the impossible of Barbara, Celarent, Darii, and Ferio with an assertoric first premiss, a contingent second premiss, and a possible conclusion. These proofs have been controversial since antiquity. I shall show that they are valid, and that Aristotle is able to explain them by relying on two meta-syllogistic lemmas on the nature of possibility interpreted as syntactic consistency. It will turn out that Aristotle's proofs are not of the intended (...) schemata. I shall investigate some of the results that the impact of this reconstruction on the modal syllogistic has: the relationship between Aristotle's syllogistic and the logics of relevance; the value of Aristotle's requirement that universal affirmative propositions be taken ‘absolutely’; the destruction of many Aristotelian proofs; the recovery of certain principles of modal opposition from a charge of inconsistency. (shrink)

Processes are occurrents that were, are, or will be happening. They endure or they perdure, i.e. they are either “fully” present at every time they happen, or they rather have temporal parts. According to Stout (2016), they endure. His argument assumes that processes may change. Then, Stout argues that, if something changes, it endures. As I show, Stout’s Argument misses its target. In particular, it makes use of a notion of change that is either intuitive but illegitimate or technical but (...) question-begging. (shrink)

This dissertation develops, justifies, and examines the jurisprudential implications of a non-monotonic theory of common law legal reasoning. Legal rules seem to have exceptions but identifying all of them is difficult. This hinders attempts to formalize legal rules using classical logics. Non-monotonic logics allow defeasible inference, permitting rules that hold generally but can be defeated in the presence of exceptions. This ameliorates the problem of characterizing all exceptions to a rule, because exceptions can be added piecemeal while the rule remains. (...) The first portion of the dissertation rebuts a prominent criticism leveled at a large class of theories of legal reasoning that includes my theory. The charge is that no coherent theory can recognize both the difference between distinguishing and overruling, and the constraint of precedent. The critics argue that is more important than and that can only be explained by monotonic legal rules. Drawing on cognitive psychology as well as legal theory, I show that coherent theories, such as my own, can accommodate both and. The second chapter provides motivation for understanding precedential constraint in terms of non-monotonic default rules and introduces my positive theory, which elaborates on John Horty's work in treating legal rules as prioritized defaults involving reasons. I motivate and implement a relaxation of Horty's restrictions on the form of rules to allow a more fine-grained characterization of precedent. Finally, I explore the relationship between these relaxations and the concept of precedent. The final section explains how my theory fits into the traditional jurisprudential ecosystem. I demonstrate that, contrary to assertions in the legal theory literature, this non-monotonic approach is entirely compatible with positivism's commitment to extracting rules from authoritative legal sources, namely court opinions. I also suggest how it might be attractive to law and economics theorists, pragmatists, and followers of Dworkin. (shrink)