This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

Drawing on philosophy, law and political science, and on a wealth of practical experience delivering emergency medical services in conflict-ridden settings, Lepora and Goodin untangle the complexities surrounding compromise and complicity.

There is a vast class of things that science has so far almost entirely neglected. They are central to the understanding of physical reality both at an everyday level and at the level of the most fundamental phenomena in physics, yet have traditionally been assumed to be impossible to incorporate into fundamental scientific explanations. They are facts not about what is--the actual--but about what could be: counterfactuals. According to physicist Chiara Marletto, laws about things being possible or impossible may (...) generate an alternative way of providing explanations. This fascinating, far-reaching approach holds promise for revolutionizing the way fundamental physics is formulated, but also for providing essential tools to face existing technological challenges, from delivering the next generation of information-processing devices, beyond the universal quantum computer, to designing AIs. Each chapter in the book delineates how an existing vexed open problem in science can be solved by this radically different approach; and it is augmented by short fictional stories that explicate the main point of the chapter. As Marletto demonstrates, contemplating what is possible can give us a more complete and hopeful picture of the physical world. (shrink)

I present a variant of with time, called, interpreted in standard Kripke semantics. On the syntactic level, is nothing but the extension of atemporal individual by: the future tense and past tense operators, and the operator of group agency for the grand coalition. A sound and complete axiomatisation for is given. Moreover, it is shown that supports reasoning about interesting normative concepts such as the concepts of achievement obligation and commitment.

Between the radical, creative capacity of our imagination and the social imaginary we are immersed in is an intermediate space philosophers have termed the imaginal, populated by images or (re)presentations that are presences in themselves. Offering a new, systematic understanding of the imaginal and its nexus with the political, Chiara Bottici brings fresh perspective to the formation of political and power relationships and the paradox of a world rich in imagery yet seemingly devoid of imagination. Bottici begins by defining (...) the difference between the imaginal and the imaginary, locating the imaginal's root meaning in the image and its ability to both characterize a public and establish a set of activities within that public. She identifies the imaginal's critical role in powering representative democracies and its amplification through globalization. She then addresses the troublesome increase in images now mediating politics and the transformation of politics into empty spectacle. The spectacularization of politics has led to its virtualization, Bottici observes, transforming images into processes with an uncertain relationship to reality, and, while new media has democratized the image in a global society of the spectacle, the cloned image no longer mediates politics but does the act for us. Bottici concludes with politics' current search for legitimacy through an invented ideal of tradition, a turn to religion, and the incorporation of human rights language. (shrink)

This paper investigates Philomela's metamorphosis into a swallow as inferred from Sophocles’ fragmentary Tereus. The first part focusses on the association between the swallow and barbaric language, casting new light on Philomela's characterization in the play. The second investigates the shuttle, the weaving tool which prompts the recognition of Philomela, arguing that the mention of its ‘voice’ in fr. 595 Radt refers not only to the tapestry which it created, but also to the actual sound of the shuttle, which ancient (...) Greeks associated with the swallow, and thus anticipates Philomela's metamorphosis. The representation of Philomela as a speech-impeded and yet vocal character supports the Dionysiac background of the act of vengeance which she and her sister commit. (shrink)

A theory of action is fundamental for legal theory, as the law is meant to direct behaviour: it influences the behaviour of agents who can understand the law’s prescriptions and act accordingly. A connection between law and action is assumed by the most diverse approaches to the law; when no reference is made to this connection it is since it appears to be an obvious truism. Let us list just a few examples where this connection appears most clearly.

The current situation around COVID-19 portrays a threat to us in several ways: It imposes uncertainty, a lack of control and reminds us of our own mortality. People around the world have reacted to these threats in seemingly unrelated ways: From stockpiling yeast and toilet paper to favoring nationalist ideas or endorsing conspiratorial beliefs. According to the General Process Model of Threat and Defense the confrontation with a threat - a discrepant experience - makes humans react with both proximal and (...) distal threat responses. While the proximal response manifests in behavioral inhibition that leads to heightened anxious arousal and vigilance, distal responses seek to lower behavioral inhibition and the associated state of anxiety and vigilance through engaging in distal defenses. In the present research, we propose that the reactions to COVID-19 may represent distal defense strategies to the pandemic (in the form of environmental or group related worldview defenses) and therefore can be explained and forecasted by the model. Thus we hypothesized increased perceived COVID-19 threat perception to lead to a proximal threat response in the form of heightened behavioral inhibition. This, in return, should enhance the use of distal defenses (i.e.: several ingroup biases, system justification and conspiratorial beliefs) overlapping with the reactions observed as a response to COVID-19. This hypothesized mediated effect of increased perceived COVID-19 threat on distal defenses was tested in two pre-registered studies: In Study 1 (N = 358) results showed perceived COVID-19 threat to be related to behavioral inhibition and in turn to be associated with increased distal defenses (i.e., higher entitativity, control restoration motivation, passive party support). In Study 2 (N = 348) we manipulated COVID-19 threat salience and found results suggesting the distal defenses of system justification and conspiratorial beliefs to be mediated by the proximal threat response. The results of the present research hint towards a common mechanism through which the seemingly unrelated reactions to COVID-19 can be explained. The results might help to predict future behavior during the COVID-19 pandemic and design measures to counteract detrimental effects of the pandemic. (shrink)

Boredom, in cinema as well as in our everyday experience, is usually associated with a generalised loss of meaning or interest. Accordingly, boredom is often perceived as that which ought to be avo...

This article re-examines the scholium on Euripides, Andromache 445, which several scholars have used to support the claim that Andromache premiered outside Athens, and concludes that both the scholium itself and a remark in the play's hypothesis rather suggest that the play was produced in Athens as part of a dramatic competition.

In the literature there are at least two main formal structures to deal with situations of interactive epistemology: Kripke models and type spaces. As shown in many papers :149–225, 1999; Battigalli and Siniscalchi in J Econ Theory 106:356–391, 2002; Klein and Pacuit in Stud Log 102:297–319, 2014; Lorini in J Philos Log 42:863–904, 2013), both these frameworks can be used to express epistemic conditions for solution concepts in game theory. The main result of this paper is a formal comparison (...) between the two and a statement of semantic equivalence with respect to two different logical systems: a doxastic logic for belief and an epistemic–doxastic logic for belief and knowledge. Moreover, a sound and complete axiomatization of these logics with respect to the two equivalent Kripke semantics and type spaces semantics is provided. Finally, a probabilistic extension of the result is also presented. A further result of the paper is a study of the relationship between the epistemic–doxastic logic for belief and knowledge and the logic STIT by Belnap and colleagues. (shrink)

§ 219a of the German Penal Code (StGB) – the so-called ban on advertising abortions – has been subject of an increasing legal-political controversy since 2017 and was dropped by legislation in July 2022. This paper examines and reconstructs the extent to which the aforementioned ‘ban on advertising’ was (in–)‌compatible with recognized standards of medical ethics. For this purpose, arguments put forward in public discourse on both sides of the conflict, insofar as they go beyond basic attitudes toward abortion, will (...) be subjected to a plausibility test from the perspective of medical ethics. This will show that (I.) according to the standard understanding of autonomy in medical ethics by Beauchamp and Childress, the provision of information about abortions is not an undue influence, but a necessary precondition for autonomous decisions by pregnant women; that (II.) the feared undesirable social developments after the abolition of § 219a StGB are empirically unfounded and largely implausible; but that on the other hand (iii) a multi-perspective communication landscape with accessible expert information promises to effectively counteract the self- and external stigmatization of unintentionally pregnant women. As a result, this analysis provides two things: a coherent medico-ethical justification for the annulment of § 219a StGB and an argumentative basis for the defense against future efforts to support biopolitical positions by censoring available information. (shrink)

Il presente contributo mira a gettare luce sulla figura ebraica dello Schlemihl, per come questa è venuta ad assumere, nei discorsi di Rahel Varnhagen, Hannah Arendt e Lea Ritter Santini, la funzione extra-letteraria di dispositivo di riconoscimento e schema esistenziale. È nella triangolazione dei discorsi e delle vite di queste tre intellettuali appartenenti, ognuna a suo modo, alla cultura tedesca, che la figura dello Schlemihl ha esemplarmente dispiegato la sua forza genetica, come metafora di un destino in cui, fin dal (...) momento del suo apparire letterario nella società dei salotti berlinesi di primo Ottocento grazie ad Adelbert von Chamisso, hanno riconosciuto se stesse coloro che hanno dovuto ritagliare la propria vita sul fondamento dello sradicamento e di una esclusione primigenia. In quella che potrebbe essere compresa come una vera e propria genealogia, il riferirsi allo Schlemihl di Rahel Varnhagen, Hannah Arendt e Lea Ritter Santini restituisce il senso comune di uno sfaccettato subire e agire lo sradicamento, entro la cornice di un discorso prismatico – sotto forma di lettere, saggi e poesie – che nel nutrirsi di vita e pensiero ha saputo raccontare la marginalità nelle sue forme differenti e contigue. (shrink)

This book offers a multidisciplinary look at the much-debated concept of “personalized medicine”. By combining a humanistic and a scientific approach, the book builds up a multidimensional way to understand the limits and potentialities of a personalized approach in medicine and healthcare. The book reflects on personalized medicine and complex diseases, the relationship between personalized medicine and the new bio-technologies, personalized medicine and personalized nutrition, and on some ethical, political, economic, and social implications of personalized medicine. This volume is of (...) interest to researchers from several disciplines including philosophy, bio-medicine, and the social sciences. (shrink)

In this chapter, I will present an empirical conjecture to the effect that some bodily actions are categorically perceived. These are bodily actions such as grasping or reaching for something, which I am going to call motor actions. My conjecture builds on one recently put forward about how the categorical perception of facial expressions of some emotions works. I shall motivate my own conjecture on the basis of both theoretical and empirical considerations, describe how it could be operationalised and what (...) explanatory gain could be obtained from it. (shrink)

In this book, originally published in 2007, Chiara Bottici argues for a philosophical understanding of political myth. Bottici demonstrates that myth is a process, one of continuous work on a basic narrative pattern that responds to a need for significance. Human beings need meaning in order to master the world they live in, but they also need significance in order to live in a world that is less indifferent to them. This is particularly true in the realm of politics. (...) Political myths are narratives through which we orient ourselves, and act and feel about our political world. Bottici shows that in order to come to terms with contemporary phenomena, such as the clash between civilizations, we need a Copernican revolution in political philosophy. If we want to save reason, we need to look at it from the standpoint of myth. (shrink)

Whereas “professional vision” has been mostly analyzed in apprenticeship and other settings where knowledge is made explicit or reflected upon, I focus on how expertise tacitly plays out in task-oriented interaction among practitioners. The paper considers orientation both to the coworker’s and one’s own expertise in the collaborative accomplishment of airport security work. I show how screeners recruit action from colleagues in largely underspecified ways, based on shared access to the visibility field and expected professional vision. Requesting is tacitly accomplished (...) via “highlighting,” which also accounts for one’s request. Accepting is silently achieved via locomotion, which also serves as a display of understanding. Embodied action is systematically preferred to verbal one. Talk is employed in larger proportions when the domain of scrutiny is not equally accessible to interactants, and when “face-work” is required. (shrink)

After initially emerging in China, the coronavirus outbreak has advanced rapidly. The World Health Organization has recently declared it a pandemic, with Europe becoming its new epicentre. Italy has so far been the most severely hit European country and demand for critical care in the northern region currently exceeds its supply. This raises significant ethical concerns, among which is the allocation of scarce resources. Professionals are considering the prioritisation of patients most likely to survive over those with remote chances, and (...) this news has triggered an intense debate about the right of every individual to access healthcare. The proposed analysis suggests that the national emergency framework in which prioritisation criteria are currently enforced should not lead us to perceive scarce resources allocation as something new. From an ethical perspective, the novelty of the current emergency is not grounded in the devastating effects of scarce resources allocation, which is rife in recent and present clinical practice. Rather, it has to do with the extraordinarily high number of people who find themselves personally affected by the implications of scarce resources allocation and who suddenly realise that the principle of ‘equals should be treated equally’ may no longer be applicable. Along with the need to allocate appropriate additional financial resources to support the healthcare system, and thus to mitigate the scarcity of resources, the analysis insists on the relevance of a medical ethics perspective that does not place the burden of care and choice solely on physicians. (shrink)

The classification of the sciences is one of the most discussed and analysed aspects of Peirce’s corpus of work. I propose that Peirce’s attempt at systematising the sciences is characterised by a distinctive historicity, which I construe in two complementary senses. First, I investigate Peirce’s classification as part of a broader nineteenth-century move toward classifying the sciences, a move that was at the same time motivated by social and epistemological goals. I claim that this re-contextualisation adds an entirely new layer (...) to the otherwise distinctively internalist readings of Peirce’s classification. I then look at how Peirce’s scheme, especially in the form it displayed in the early 1890s, relates to his own historical writings, particularly his history of science. Looking at Peirce as a historical actor in his own right through the lens of his classification, I claim, is indispensable to understand the contemporary relevance of his contributions to the history and historiography of the sciences. (shrink)

We analyze a recent trend in epistemic logic which consists in studying construction of knowledge from the agents’ observational abilities. It is based on the intuition that an agent’s knowledge comes from three possible sources: her observations, communication with other agents, and inference. The approaches mainly focus on the former two and suppose that the object of observations are propositional variables and that agents learn from public announcements. This allows to model knowledge in a more compact and intuitive way than (...) with Hintikka’s semantics. However, the semantics that one can find in the literature come with some counter-intuitive validities such as common knowledge of visibilities or the knowledge operator distributing over disjunctions. We propose a solution of each of these two issues and illustrate them with well-known toy examples of epistemic logic. (shrink)

I develop an account of scientific representations building on Charles S. Peirce's rich, and still underexplored, notion of iconicity. Iconic representations occupy a central place in Peirce's philosophy, in his innovative approach to logic and in his practice as a scientist. Starting from a discussion of Peirce's approach to diagrams, I claim that Peirce's own representations are in line with his formulation of iconicity, and that they are more broadly connected to the pragmatist philosophy he developed in parallel with his (...) scientific work. I then defend the contemporary relevance of Peirce's approach to iconic representations, and specifically argue that Peirce offers a useful ‘third way’ between what Mauricio Suárez has recently described as the ‘analytical’ and ‘practical’ inquiries into the concept of representation. As a philosophically minded scientist and an experimentally inclined philosopher, Peirce never divorced the practice of representing from questions about what counts as a representation... (shrink)

This study analyses for the first time whether and when moral distress may be related to work-family conflict and burnout. Additionally, this study examines whether resilience and positive refocusing might protect healthcare professionals from the negative effects of moral distress. A total of 153 Italian healthcare professionals completed self-report questionnaires. Simple and moderated mediation models revealed that moral distress was positively related to burnout, directly and indirectly, as mediated by work-family conflict. Highly resilient professionals experienced low work-family conflict, regardless of (...) moral distress levels. Moreover, professionals who frequently used positive refocusing were less vulnerable to burnout following moral distress. (shrink)

This study offers a new interpretation of the poem of the founder of Western philosophy: Parmenides. It shows that there is more in his poem than the description of Being by means of negative adjectives such as ingenerated and immobile. His words ask his audience to question their habits, to modify their goals, to engage in new enterprises and to look with a critical eye at their previous attempts to get knowledge. It operates as a travel guide that leads the (...) audience on a journey that will educate them and help them to gradually become philosophically mature, to become true themselves, which can also be described as the encouragement to become Being. (shrink)

The aim of this paper is to propose a formal approach to reasoning about desires, understood as logical propositions which we would be pleased to make true, also acknowledging the fact that desire is a matter of degree. It is first shown that, at the static level, desires should satisfy certain principles that differ from those to which beliefs obey. In this sense, from a static perspective, the logic of desires is different from the logic of beliefs. While the accumulation (...) of beliefs tend to reduce the remaining possible worlds they point at, the accumulation of desires tends to increase the set of states of affairs tentatively considered as satisfactory. Indeed beliefs are expected to be closed under conjunctions, while, in the positive view of desires developed here, one can argue that endorsing \ as a desire means to desire \ and to desire \. However, desiring \ and \ at the same time is not usually regarded as rational, since it does not make much sense to desire one thing and its contrary at the same time. Thus when a new desire is added to the set of desires of an agent, a revision process may be necessary. Just as belief revision relies on an epistemic entrenchment relation, desire revision is based on a hedonic entrenchment relation satisfying other properties, due to the different natures of belief and desire. While epistemic entrenchment relations are known to be qualitative necessity relations, hedonic relations obeying a set of reasonable postulates correspond to another set-function in possibility theory, called guaranteed possibility, that drive well-behaved desire revision operations. Then the general framework of possibilistic logic provides a syntactic setting for encoding desire change. The paper also insists that desires should be carefully distinguished from goals. (shrink)

How should we account for the planning and performance of a bodily action in terms of the agent’s intentions? An influential answer invokes two distinct kinds of intention: intentions for the future (also known as prior intentions or distal intentions), responsible for action planning, and intentions for the present (also known as intentions in action or proximal intentions), responsible for action performance. I argue that there is something wrong with this influential answer: the notion of intention for the present is (...) either superfluous (because intentions for the future can exercise functions associated both with action planning and with action performance) or ambiguous (because it conflates temporal, functional, and content-related aspects). Developing this criticism will lead to an alternative account of action planning and performance based on intentions of just one kind. (shrink)

Medical complicity in torture is prohibited by international law and codes of professional ethics. But in the many countries in which torture is common, doctors frequently are expected to assist unethical acts that they are unable to prevent. Sometimes these doctors face a dilemma: they are asked to provide diagnoses or treatments that respond to genuine health needs but that also make further torture more likely or more effective. The duty to avoid complicity in torture then comes into conflict with (...) the doctor’s duty to care for patients. Sometimes the right thing for a doctor to do requires complicity in torture. Whether this is the case depends on: the expected consequences of the doctor’s actions; the wishes of the patient; and the extent of the doctor’s complicity with wrongdoing. Medical associations can support physicians who face this dilemma while maintaining a commitment to clear principles denouncing torture. (shrink)

We believe that intellectual humility is an essential intellectual virtue for university students to foster. It enables them to excel as students of philosophy and other disciplines, to navigate the fast-changing world inside and outside academia, and to flourish in interaction with others. In this paper, we analyze this virtue by singling out two distinct but related aspects: the openness-aspect and the care-aspect. The former makes one value a dialogue with those who have different views from one’s own. The latter (...) aspect involves searching for implicit assumptions one brings to encounters with one’s object of inquiry and trying to study this object as unique and irreducible. We discuss four learning activities we developed for the philosophy bachelor course “Who are we? Philosophical views on humans and the gods” at University College Utrecht (the Netherlands). Throughout this paper, we show extracts from the students’ assignments, reflections, and evaluations. These extracts indicate that students developed both aspects of intellectual humility —openness to different views and care for the uniqueness of each object of inquiry— and acknowledged their importance. (shrink)

This article considers the relationship between John Buridan’s natural philosophy and medicine. By examining some aspects of Buridan’s description of the human body related to sensation, nutrition, and generation—especially as they were framed in the so-called “controversy between philosophers and physicians”—this article shows that, though mostly faithful to Aristotelian doctrine, Buridan’s theoretical biology relies to a large extent on medical ideas.

Name der Zeitschrift: Kant-Studien Jahrgang: 109 Heft: 2 Seiten: 356-361.