Among the attempts to oppose tobacco control legislation, the tobacco industry has alleged violations of its right to commercial speech. While the disputes that took place in some jurisdictions like the United States (US), Canada, or the European Union (EU) have been already analyzed, much less is known about how, globally, this doctrine has influenced the adoption of tobacco control measures. This article contributes to filling this gap by illustrating how the commercial speech doctrine influenced the negotiations of the Framework (...) Convention on Tobacco Control (FCTC). Moreover, using the Tobacco Control Database of Campaign for Tobacco-Free Kids, it shows that arguments on commercial speech have been used to challenge tobacco control measures in an increasing number of countries. (shrink)

Supposition is frequently invoked in many fields within philosophy, including aesthetics, philosophy of mind, philosophy of science and epistemology. However, there is a striking lack of consensus about the nature of supposition. What is supposition? Is supposition a sui generis type of mental state or is it reducible to some other type of mental state? These are the main questions Margherita Arcangeli explores in this book. She examines the characteristic features of supposition, along the dimensions of phenomenology and emotionality, (...) among others, in a journey through the imaginative realm. An informed answer to the question “What is supposition?” must involve an analysis of imagination, since supposition is so often defined in opposition to the latter. She assesses rival explanations of supposition putting forward a novel view, according to which the proper way of seeing supposition is as a primitive type of imaginative state. Supposition and the Imaginative Realm: A Philosophical Inquiry will be of great interest to students of philosophy of psychology, aesthetics, philosophy of mind, philosophy of science and epistemology. (shrink)

È questa la prima raccolta completa dei frammenti relativi a questo autore, comprendente anche testimonianze biografiche che precedentemente non erano state prese in considerazione. This is the first comprehensive collection of fragments related to this author, including biographical accounts that had not previously been considered.

Mental imagery has often been taken to be equivalent to “sensory imagination”, the perception‐like type of imagination at play when, for example, one visually imagines a flower when none is there, or auditorily imagines a music passage while wearing earplugs. I contend that the equation of mental imagery with sensory imagination stems from a confusion between two senses of mental imagery. In the first sense, mental imagery is used to refer to a psychological attitude, which is perception‐like in nature. In (...) the second sense, mental imagery refers to a mental content, which can be grasped via different attitudes. I will show that failure to acknowledge the distinction between these senses of mental imagery has muddled philosophical discussion. This distinction brings much needed clarity to debates where sensory imagination and mental imagery are invoked, shedding light on issues such as the nature of imagistic mental states, and the representational powers and limits of mental imagery. I will conclude by sketching a general attitudinal account of imagination that does justice to both senses of mental imagery, outlining a promising framework for understanding imagination. (shrink)

The EU Artificial Intelligence Act (AIA) defines four risk categories for AI systems: unacceptable, high, limited, and minimal. However, it lacks a clear methodology for the assessment of these risks in concrete situations. Risks are broadly categorized based on the application areas of AI systems and ambiguous risk factors. This paper suggests a methodology for assessing AI risk magnitudes, focusing on the construction of real-world risk scenarios. To this scope, we propose to integrate the AIA with a framework developed by (...) the Intergovernmental Panel on Climate Change (IPCC) reports and related literature. This approach enables a nuanced analysis of AI risk by exploring the interplay between (a) risk determinants, (b) individual drivers of determinants, and (c) multiple risk types. We further refine the proposed methodology by applying a proportionality test to balance the competing values involved in AI risk assessment. Finally, we present three uses of this approach under the AIA: to implement the Regulation, to assess the significance of risks, and to develop internal risk management systems for AI deployers. (shrink)

Accountability is a cornerstone of the governance of artificial intelligence (AI). However, it is often defined too imprecisely because its multifaceted nature and the sociotechnical structure of AI systems imply a variety of values, practices, and measures to which accountability in AI can refer. We address this lack of clarity by defining accountability in terms of answerability, identifying three conditions of possibility (authority recognition, interrogation, and limitation of power), and an architecture of seven features (context, range, agent, forum, standards, process, (...) and implications). We analyse this architecture through four accountability goals (compliance, report, oversight, and enforcement). We argue that these goals are often complementary and that policy-makers emphasise or prioritise some over others depending on the proactive or reactive use of accountability and the missions of AI governance. (shrink)

Awe seems to be a complex emotion or emotional construct characterized by a mix of positive (contentment, happiness), and negative affective components (fear and a sense of being smaller, humbler or insignificant). It is striking that the elicitors of awe correspond closely to what philosophical aesthetics, and especially Burke and Kant, have called “the sublime.” As a matter of fact, awe is almost absent from the philosophical agenda, while there are very few studies on the experience of the sublime as (...) such in the psychological literature. The aim of this paper is to throw light on the complex relationship between awe (as understood by psychologists) and the experience of the sublime (as discussed by philosophers). We distinguish seven ways of conceiving this relationship and highlight those that seem more promising to us. Once we have a clearer picture of how awe and the experience of the sublime are related, we can use it to enhance collaboration between these domains. We would be able to use empirical results about awe in a philosophical analysis of the experience of the sublime, which in turn can help us to design novel experimental hypotheses about the contexts in which we experience awe. (shrink)

The Supreme Court of Canada has established that commercial speech is protected under the Canadian Charter of Rights and Freedoms and that commercial speech exists along a continuum of utility and value, which is balanced against objectives such as public health. This article examines jurisprudence to determine when infringements on commercial speech are acceptable, analyzing considerations of evidence, rational connections between policies and outcomes, proportionality, and minimal impairment.

The scientist’s toolkit counts at least three practices: real, thought and numerical experiments. Although a deep investigation of the relationships between these types of experiments should shed light on the nature of scientific enquiry, I argue that it has been compromised by at least four factors: (i) a bias for the epistemological superiority of real experiments; (ii) an almost exclusive focus on the links between either thought or numerical experiments, and real experiments; (iii) a tendency to try and reduce one (...) kind to another; and (iv) an excessive attention to the outputs of these types of experiments, more than to their processes. In this paper I support an unbiased triangular comparative analysis that focuses on the processes involved in real, thought and numerical experiments, and claim that all three types of experimentation are fundamental to scientific research. I do so by clarifying different notions of experimental processes, and by introducing a distinction between two varieties of mental simulation that play a role in them (i.e., mental models and imaginings). I then compare real, thought and numerical experiments in light of this distinction, showing their similarities, but also fundamental differences, which suggest that none of them is dispensable. (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It examines (...) the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

The EU proposal for the Artificial Intelligence Act (AIA) defines four risk categories: unacceptable, high, limited, and minimal. However, as these categories statically depend on broad fields of application of AI, the risk magnitude may be wrongly estimated, and the AIA may not be enforced effectively. This problem is particularly challenging when it comes to regulating general-purpose AI (GPAI), which has versatile and often unpredictable applications. Recent amendments to the compromise text, though introducing context-specific assessments, remain insufficient. To address this, (...) we propose applying the risk categories to specific AI scenarios, rather than solely to fields of application, using a risk assessment model that integrates the AIA with the risk approach arising from the Intergovernmental Panel on Climate Change (IPCC) and related literature. This model enables the estimation of the magnitude of AI risk by considering the interaction between (a) risk determinants, (b) individual drivers of determinants, and (c) multiple risk types. We use large language models (LLMs) as an example. (shrink)

The article argues that AI can enhance the measurement and implementation of democratic processes within political parties, known as Intra-Party Democracy (IPD). It identifies the limitations of traditional methods for measuring IPD, which often rely on formal parameters, self-reported data, and tools like surveys. Such limitations lead to the collection of partial data, rare updates, and significant demands on resources. To address these issues, the article suggests that specific data management and Machine Learning (ML) techniques, such as natural language processing (...) and sentiment analysis, can improve the measurement (ML about) and practice (ML for) of IPD. The article concludes by considering some of the principal risks of ML for IPD, including concerns over data privacy, the potential for manipulation, and the dangers of overreliance on technology. (shrink)

Regulation by design (RBD) is a growing research field that explores, develops, and criticises the regulative function of design. In this article, we provide a qualitative thematic synthesis of the existing literature. The aim is to explore and analyse RBD’s core features, practices, limitations, and related governance implications. To fulfil this aim, we examine the extant literature on RBD in the context of digital technologies. We start by identifying and structuring the core features of RBD, namely the goals, regulators, regulatees, (...) methods, and technologies. Building on that structure, we distinguish among three types of RBD practices: compliance by design, value creation by design, and optimisation by design. We then explore the challenges and limitations of RBD practices, which stem from risks associated with compliance by design, contextual limitations, or methodological uncertainty. Finally, we examine the governance implications of RBD and outline possible future directions of the research field and its practices. (shrink)

A popular view maintains that supposition is a kind of cognitive mental state, very similar to belief in essential respects. Call this view “cognitivism about supposition”. There are at least three grades of cognitivism, construing supposition as (i) a belief, (ii) belief-like imagination or (iii) a species of belief-like imagination. I shall argue against all three grades of cognitivism and claim that supposition is a sui generis form of imagination essentially dissimilar to belief. Since for good reasons (i) is not (...) supported in the literature, I shall dwell on (ii) and (iii). Without further explanation supposition has been very often merely postulated as being nothing but belief-like imagination—that is, (ii). I shall show that at least two considerations undermine (ii). First, supposition and belief-like imagination are governed by different norms, more precisely the former is freer than the latter and requires minimal or no mental effort. Second, contrary to belief-like imagination, supposition is “cold”, in that it is typically dissociated from emotional reactions. Proponents of (iii) face the pressure of explaining these differences between supposition and belief-like imagination too. I shall argue that they have not sufficiently motivated the claim that supposition is belief-like. In particular they fail to accommodate precisely the dimensions of supposition pertaining to its normativity and emotionality. I shall close with a sketch of a new account of supposition. (shrink)

Imagination is widely thought to come in two varieties: perception-like and belief-like imagination. What precisely sets them apart, however, is not settled. More needs to be said about the features that make one variety perception-like and the other belief-like. One common, although typically implicit, view is that they mimic their counterparts along the conceptuality dimension: while the content of belief-like imagination is fully conceptual, the content of perception-like imagination is fully non-conceptual. Such a view, however, is not sufficiently motivated in (...) the literature. I will show that there are good reasons to reject it and I will argue that both varieties of imagination involve fully conceptual contents. I will suggest an alternative way to draw the distinction between perception-like and belief-like imagination along the conceptuality dimension, according to which only perception-like imagination requires observational concepts. (shrink)

Aphantasia, a recently labelled spectrum condition affecting mental imagery, has brought to the fore the centrality of imagination in our lives. Intuitively it may seem that we cannot have a normal life without the possession of imaginative abilities. Yet, aphantasics do not seem to be much affected by their condition. Can aphantasia tell us anything about the nature and role of our imaginative abilities? I contend that an important distinction that can shed light on this question has been largely overlooked, (...) namely that between two senses of mental imagery: as a type of mental content (viz., mental imagery strictly speaking), and as a kind of psychological attitude (viz., sensory imagination). Drawing on this distinction, I suggest three possible conditions: (i) impairment in mental imagery only, (ii) impairment in sensory imagination only, (iii) impairment in both mental imagery and sensory imagination. I show that core cases of aphantasia are better understood as impairments in sensory imagination only, but I indicate empirical strategies to investigate whether some cases of aphantasia rather involve impairments in mental imagery, which would point toward a plurality of forms of aphantasia. Sensory imagination, however, does not exhaust the imaginative realm, therefore we shouldn’t jump to the hasty conclusion that aphantasics have no imagination. Most aphantasics lack sensory imagination, but arguably can exploit other forms of imagination. This would explain in which sense they still possess imaginative abilities. (shrink)

International regulation of autonomous weapon systems (AWS) is increasingly conceived as an exercise in risk management. This requires a shared approach for assessing the risks of AWS. This paper presents a structured approach to risk assessment and regulation for AWS, adapting a qualitative framework inspired by the Intergovernmental Panel on Climate Change (IPCC). It examines the interactions among key risk factors—determinants, drivers, and types—to evaluate the risk magnitude of AWS and establish risk tolerance thresholds through a risk matrix informed by (...) background knowledge of event likelihood and severity. Further, it proposes a methodology to assess community risk appetite, emphasizing that such assessments and resulting tolerance levels should be determined through deliberation in a multistakeholder forum. The paper highlights the complexities of applying risk-based regulations to AWS internationally, particularly the challenge of defining a global community for risk assessment and regulatory legitimization. (shrink)

A widespread claim, which I call ‘the Emotionality Claim’, is that imagination but not supposition is intimately linked to emotion. In more cognitive jargon, imagination is connected to the affect system, whereas supposition is not. EC is open to several interpretations which yield very different views about the nature of supposition. The literature lacks an in-depth analysis of EC which sorts out these different readings and ways to carve supposition and imagination at their joints. The aim of this paper is (...) to fill this gap. I shall argue that existing readings of EC fail to properly account for the emotional asymmetry between imagination and supposition. The tendency is to start from narrow conceptions of both imagination and supposition. I shall argue for a novel interpretation of EC pivoting on different ways a mental state can connect to the affect system. (shrink)

Nearly 400 million adults have been vaccinated against COVID-19. Children have been excluded from the vaccination programmes owing to their lower vulnerability to COVID-19 and to the special protections that apply to children’s exposure to new biological products. WHO guidelines and national laws focus on medical safety in the process of vaccine approval, and on national security in the process of emergency authorisation. Because children suffer much from social distancing, it is argued that the harms from containment measures should be (...) factored in a broader perspective on the good of the child. Considering the available knowledge on the disease, vaccine, and coping strategies, the decision about vaccine access to children is a public responsibility. The ultimate choice is a matter of paediatric informed consent. Moreover, jurisdictions that permit non-participation in established childhood vaccination programmes should also permit choice of vaccines outside of the approved programmes. Even if vaccine supply is too short to cover the paediatric population, the a priori exclusion of children is unjust. It may also exacerbate local and global inequalities. The second part of the paper delineates a prudent and ethical scheme for gradual incorporation of minors in vaccination programmes that includes a rigorous postvaccination monitoring. This is a theoretical paper in ethics that uses the Pfizer vaccine as a stock example, without discussing possible differences among existing vaccines. The key purpose is reflection on the good of the child in emergencies and vaccine policymaking. All data relevant to the study are included in the article and in its refernces. (shrink)

This article examines Adorno’s use of the notion of mediation, which at first glance appears to be problematic and aporetic. While the emergence of such a concept marks Adorno’s renewed interest in Hegelian philosophy, and a distancing from Walter Benjamin’s thought, the understanding of mediation should not be reduced to the Hegelian model. This article will argue that Adorno introduces such a concept to explain theory’s necessity and verifiability, as well as the experience of the object. Only by taking these (...) two issues (the mediation between concepts and between subject and object) in their interconnection is it possible to explain the role of mediation in Adorno. I will argue that the idea of ‘constellations’ put forward in the Dialectics furnishes us with a model of mediation that goes beyond its original Hegelian formulation. (shrink)

Regulation is nothing without enforcement. This particularly holds for the dynamic field of emerging technologies. Hence, this article has two ambitions. First, it explains how the EU´s new Artificial Intelligence Act (AIA) will be implemented and enforced by various institutional bodies, thus clarifying the governance framework of the AIA. Second, it proposes a normative model of governance, providing recommendations to ensure uniform and coordinated execution of the AIA and the fulfilment of the legislation. Taken together, the article explores how the (...) AIA may be implemented by national and EU institutional bodies, encompassing longstanding bodies, such as the European Commission, and those newly established under the AIA, such as the AI Office. It investigates their roles across supranational and national levels, emphasizing how EU regulations influence institutional structures and operations. These regulations may not only directly dictate the structural design of institutions but also indirectly request administrative capacities needed to enforce the AIA. (shrink)

We attribute the capability of imagination to the madman as to the scientist, to the novelist as to the metaphysician, and last but not least to ourselves. The same, apparently, holds for thought experimentation. Ernst Mach was the first to draw an explicit link between these two mental acts; moreover -in his perspective- imagination plays a pivotal role in thought experimentation. Nonetheless, it is not clear what kind of imagination emerges from Mach’s writings. Indeed, heated debates among cognitive scientists and (...) philosophers turn on the key distinction between sensory and cognitive imagination. Generally speaking, we can say that sensory imagination shares some processes with perception, cognitive imagination with the formation of belief. Both the vocabulary used in the literature on thought experiments and what I refer to as “Machian tradition” indicate imagination as a notion of central importance in the reasoning involved in thought experiments. However, most authors have really focused on sensory (in particular, visual) imagination, but have neglected the second kind. Moreover, some authors attribute to Mach the idea that it is visual imagery that is primarily at work in thought experiments. I claim another interpretation is possible, according to which Mach can be said to deal with cognitive imagination. The main aim of this paper is to retrace Mach’s original arguments and establish a connection with the cognitive literature on imagination. I will argue that imagination tout court could play a role in thought experimentation. Once imagination is seen as the key to the “cognitive black-box” of the thought experiment, we will have moved a step closer to a simulative imagining-based account of thought experimentation. (shrink)

In this paper we discuss the influence of war as a metaphor in the context of the COVID-19 pandemic. After an introduction on the traditional analysis of the war metaphor, we address the social consequences of using this metaphor, a topic that has been widely debated with regard to public communication in the context of COVID-19. We pay particular attention to a theory that many intellectuals have raised: the possibility that the use of the metaphor in this context is harmful (...) to a democratic society because it may lead citizens to accept limited civil liberties and authoritarian policies. After presenting the extensive literature on the use of the war metaphor before and during the COVID-19 pandemic, in the final section of the paper, we analyse experimental evidence of the effects of this metaphor. In the conclusion, we hint at open questions and suggest that the current evidence does not support claims of direct liberticidal influence. (shrink)

Here I critically assess an argument put forward by Kuorikoski et al. (Br J Philos Sci, 61(3):541–567, 2010) for the epistemic import of model-based robustness analysis. I show that this argument is not sound since the sort of probabilistic independence on which it relies is unfeasible. By revising the notion of probabilistic independence imposed on the models’ results, I introduce a prima-facie more plausible argument. However, despite this prima-facie plausibility, I show that even this new argument is unsound in most (...) if not all cases of model-based robustness analysis. This I do to demonstrate that the epistemic import of model-based robust analysis cannot be satisfactorily defended on the basis of probabilistic independence. (shrink)

This chapter carries out an analysis of the manner in which dialectics is reappropriated and transformed by Hans‐Georg Gadamer and Theodor W. Adorno. If hermeneutics and critical theory can be seen as legitimate successors of Hegel's dialectical tradition, it is precisely thanks to the efforts of Adorno and Gadamer. Both Adorno's and Gadamer's reappraisals of Hegel's philosophy take the form of a drawing out of Hegelian dialectics what is implicit in its own premises. By examining the intellectual experience that the (...) principle of contradiction expresses, Adorno demonstrates that nonidentity is precisely the driving force behind Hegel's idealistic dialectics. The abandonment of the oppositional‐critical character of dialectics that marks Gadamer's fundamental difference from Adorno's negative dialectics, and makes it necessary for Gadamer to rebrand his method as hermeneutic: no longer critique, but rather understanding and interpretation in the shared and open‐ended dialogical process. (shrink)

Summary This paper presents and contextualizes the construct of Aesthetic Relational Knowing (ARK), as the intuitive experience of the therapist that emerges from the phenomenological field created in a meeting between therapist and client. The concept of isomorphism is considered as an epistemological turning point and a possible bridge connecting Gestalt therapy, Gestalt theory and Neurosciences. An example of the clinical consequences of this change of perspective is given. Moreover, a validation pilot study has shown that ARK is described by (...) three factors: empathy, resonance and bodily awareness. The ARK can be defined as a three-dimensional construct that supports the positive use of the therapist’s perception in terms of aesthetic knowing of the phenomenological field of the therapeutic situation. The construct of Aesthetic Relational Knowing can be considered a phenomenological, aesthetic and field-oriented contribution to psychotherapy training, supervision and research. (shrink)

In his *Bāhyārthasiddhikārikā (BASK), “Verses on the Establishment of the External Object”—extant only in Tibetan translation—Śubhagupta (720–780 CE), a philosopher connected with the logical-epistemological school of Buddhism, argues the reality of external objects of cognitions. In this article, I shall provide an account of Śubhagupta's theory of the cognitive process, as expressed in BASK 35–44, particularly in light of his view that the images (ākāra) of those objects do not appear in cognition. BASK is part of an internal Buddhist debate (...) over the reality of external supports of perceptions, wherein Śubhagupta disproves the views of thinkers like Diṅnāga and Vasubandhu. On the other hand, he is one of the main opponents addressed in the Bahirarthaparīkṣā (BAP) of the Tattvasaṅgraha (TS) by Śāntarakṣita (725–788 CE) and the Tattvasaṅgrahapañjikā (TSP) by Kamalaśīla (740–795 CE). Therein, the two authors, while demonstrating the absence of the characteristics of apprehended (grāhya) and apprehender (grāhaka) with regard to cognition, keenly refute his ideas and quote selected Sanskrit verses that can be identified as the original Sanskrit of stanzas in BASK. Accordingly, I shall examine Śubhagupta’s theory of the cognitive process in two steps: (i) analyzing the arguments that Śāntarakṣita and Kamalaśīla advance against him based on their interpretation of Śubhagupta’s views; and (ii) analyzing the arguments that he brings forward against his opponents (namely, Diṅnāga and Vasubandhu), by means of the investigation of BASK 35–44 in their original context. (shrink)

ABSTRACT The paper explores the ethical aspects of introducing cultural circumcision of children into the EU public health system. We reject commonplace arguments against circumcision: considerations of good medical practice, justice, bodily integrity, autonomy and the analogy from female genital mutilation. From the unique structure of patient‐medicine interaction, we argue that the incorporation of cultural circumcision into EU public health services is a kind of medicalization, which does not fit the ethos of universal healthcare. However, we support a utilitarian argument (...) that finds hospital‐based circumcision safer than non‐medicalized alternatives. The argument concerning medicalization and the utilitarian argument both rely on preliminary empirical data, which depend on future validation. (shrink)

When we remember a past situation, the emotional import of the latter often transpires in a modified form at the phenomenological level of our present memory. When it does, we experience what is sometimes called an “affective memory.” Theorists of memories have disagreed about the status of affective memories. Sceptics claim that the relationship between memory and emotion can only be of two types: either the memory is about a past emotion (the emotion is part of what is remembered), or (...) it causes a present emotion (the emotion is a separable effect of the memory). We argue that there is a third option, which points to an emotional way of representing the past situation. Drawing from Peter Goldie’s account of mental narratives, we show that three levels of mental perspective are involved in memories: the perspective of the represented subject (the character, if there is one), the perspective of the representing subject (the author), and the intermediary perspective of the narrator (who may remain virtual). Affective memories are cases in which the narrator’s emotional perspective has direct implications for the author’s emotional perspective, even if the former typically differs from the latter. (shrink)