The increasing use of digital technologies in judicial and arbitration proceedings increases the usage of digital evidence by the parties, which brings the necessity of creating patterns for adjudicators to admit and assess this new type of evidence. This paper generally addresses digital evidence focusing on the second moment in international arbitration proceedings. It also narrows the topic to hacked and leaked evidence and its admissibility in international arbitration. The literature review showed a significant amount of research devoted to the (...) evidence in arbitration. Some considered electronic evidence within one jurisdiction; others focused on certain forms of digital evidence such as electronic signatures. Papers on digital evidence in international arbitration approach arbitration rules for digital evidence but skip admissibility issues. No systemic and complex works research digital evidence in arbitration, explicitly focusing on the admissibility of hacked and leaked digital evidence from a comparative perspective. Also, no research deals with enforcing international arbitration awards relying on illegally obtained digital evidence. In these cases, there could be a possible violation of domestic public policy under the New York Convention terms (art. V, 2, b). That is why the paper aims to offer the concept of digital evidence in international arbitration, including hacked and leaked evidence, criteria of its admissibility and relevance, and design the arbitration guidelines for assessing hacked and leaked evidence. Comparative legal analysis of the international arbitration rules and national procedure law allowed us to compare the regulatory approaches to the definition of digital evidence and its admissibility worldwide. The method of legal modeling allowed designing model guidelines for arbitral tribunals to evaluate the admissibility and relevance of digital evidence, including hacked and leaked evidence. Moreover, the case study method allowed us to analyze jurisprudence and define criteria for admission of hacked and leaked evidence. We conclude that the admissibility of hacked and leaked evidence depends solely on the arbitrator’s broad discretion to assess the evidence. Nevertheless, thorough evidence analysis and a well-reasoned award are always mandatory. (shrink)

This article is the first attempt to justify the "next" milestone in the development of legal realism: hyperrealism. The implications of digitalization have become the new fuel for the legal realist's jurisprudence prediction theory, that is, empirical research to predict the judge's or the court's decision. Indeed, that was impossible for American realists in the early twentieth century, and all the attempts failed. Therefore, tools such as Judicial Analytics allow us to prove that personal motives and prejudices affect a dispute's (...) resolution. Based on a systemic, comparative, and interdisciplinary analysis that intermingles legal theory, data analytics and digital technologies, the article substantiates the concept of hyperrealism itself. It evaluates the advantages and disadvantages of its primary tool—judicial analytics. The authors state the necessity of creating regulatory mechanisms of "curbing" to use them to improve justice and minimize the risk of rights violations. They propose using tools of expert evaluation, standardization, and ethical regulation of forensic analysis. (shrink)

The article addresses the pervasive global challenge of delayed justice, emphasizing its role as a catalyst for widespread judicial reforms. The study defines international and national court approaches to reasonable trial durations by employing systematic and comparative legal methods. It delves into essential technology courts and parties use to ensure timely proceedings, categorizing associated risks and problems. The authors advocate for the multi-door courthouse system, illustrating its efficacy in reducing delays. Furthermore, the article classifies technologies facilitating reasonable trial durations, acknowledging (...) and offering solutions for the challenges they present. This research contributes to the dynamic landscape of judicial reform, offering a holistic perspective on the multifaceted aspects of timely justice. (shrink)

The article is devoted to the identification of the genesis, typology and characterization of the philosophical concept of chaos, discreteness, paradoxicity and rhizomorphism of being and their reflection in philosophy and postmodern fiction based on the works of J.L. Borges and U. Eco is about libraries embodied by foreign authors as rhizomorphic paradoxical labyrinths. The concept of rhizome is considered in the context of temporal chaos. In accordance with the basic principles of historical science, the issues of rhizomorphism of the (...) labyrinth library in the context of time are revealed. The research methodology includes general scientific and special comparative methods. The comparative historical and descriptive approaches of the above sources are used. Examples of works by J.L. Borges and U. Eco in the concept of their description of the library as a rhizomorphic paradoxical labyrinth. The relevance of the article lies in the appeal to the analysis of the image of the library as a concept that initially symbolizes the storage of books, knowledge, embodying stability, logical orderliness, consistency. In the culture and art of postmodernism, this symbolism has been radically transformed, which is convincingly proved by the analysis of texts by J.L. Borges and U. Eco. (shrink)

The construction we are discussing is a recent American English construction with an individual-denoting noun phrase in the predicate position modified by a degree modifier that typically occurs with gradable adjectives, as in 'This is so Obama!' We attempt to look deeper into the structure and compositional semantics of this construction, and though we do not provide a complete analysis of it, we believe that the study of this construction can contribute to questions of gradable predicate semantics, multidimensionality, degree constructions (...) and proper name semantics. (shrink)

Vladimir Solovyov’s aesthetic theory has been the subject of much research. However, aesthetic views of the philosopher’s contemporaries are analyzed less frequently. The purpose of this article is to consider the views of Yuri Govorukha-Otrok on the aesthetic ideas of Solovyov in relation to the issues of national identity. Despite the discrepancy in the interpretation of such concepts as “culture,” “national idea,” or “truth” the very fact of the polemics between the philosopher and the literary critic proves the continuity of (...) the religious and the philosophical dimensions of literary criticism. This study analyzes Govorukha-Otrok’s critical papers of Solovyov’s work, allowing for the possibility to compare integral ideological and philosophical systems in order to understand the influence of Govorukha-Otrok’s views on the whole body of Solovyov’s ideas. (shrink)

Isolated sleep paralysis is a common parasomnia characterized by an inability to move or speak and often accompanied by hallucinations of a sensed presence nearby. Recent research has linked ISP, and sensed presence more particularly, with social anxiety and other psychopathologies. The present study used a large sample of respondents to an internet questionnaire to test whether these associations are due to a general personality factor, affect distress, which is implicated in nightmare suffering and hypothesized to involve dysfunctional social imagery (...) processes. A new measure, ISP distress, was examined in relation to features of ISP experiences, to self-reported psychopathological diagnosis, to scores on the Leibowitz Social Anxiety Scale and to scores on a new questionnaire subscale assessing social imagery in a variety of waking states. Three main results were found: ISP experiences are only weakly associated with a prior diagnosis of mental disorder, sensed presence during ISP is associated preferentially with ISP distress, and ISP distress is associated with dysfunctional social imagery. A general predisposition to affective distress may influence the distress associated with ISP experiences; overly passive social imagery may, in turn, be implicated in this affect distress influence. (shrink)

People positively appraise odors of individuals who are genetically different from themselves. Here we analyzed the relationship between perceived similarity of body odor to the judges’ relatives and their partners, and characteristics attributed to the odor donor. Seventy-six women were asked to smell one of the scents of twenty-nine men, and rate variables related to potential sexual interest in odor donor. We hypothesized that characteristics related to potential sexual interest would be associated with odor donors smelling similar to a partner, (...) rather than with odor donors smelling similar to a relative. We found that perceived similarity to a partner’s scent was positively correlated with ratings of variables related to potential sexual interest in odor donor, whereas the resemblance to a close relative’s scent did not correlate with these assessments. (shrink)

У статті представлений погляд на природу і самотність Еріха Фромма. Розкриваються основні положення теорії Фромма, особливий акцент робиться на співвідносності дихотомії, екзистенціального конфлікту та структури характеру з феноменом самотності. Характерною рисою сучасного суспільства є криза, а вона негативно впливає на світ людини, як це було за часів Фромма. Тому проблематика статті є актуальною.

AimRapid eye movement (REM) sleep, non-rapid eye movement (NREM) sleep, and sleep spindles are all implicated in the consolidation of procedural memories. Relative contributions of sleep stages and sleep spindles were previously shown to depend on individual differences in task processing. However, no studies to our knowledge have focused on individual differences in experience with Vipassana meditation as related to sleep. Vipassana meditation is a form of mental training that enhances proprioceptive and somatic awareness and alters attentional style. The goal (...) of this study was to examine a potential role for Vipassana meditation experience in sleep-dependent procedural memory consolidation.MethodsGroups of Vipassana meditation practitioners (N = 22) and matched meditation-naïve controls (N = 20) slept for a daytime nap in the laboratory. Before and after the nap they completed a procedural task on the Wii Fit balance platform.ResultsMeditators performed slightly better on the task before the nap, but the two groups improved similarly after sleep. The groups showed different patterns of sleep-dependent procedural memory consolidation: in meditators, task learning was positively correlated with density of slow occipital spindles, while in controls task improvement was positively associated with time in REM sleep. Sleep efficiency and sleep architecture did not differ between groups. Meditation practitioners, however, had a lower density of occipital slow sleep spindles tha... (shrink)

The specificity of eukaryotic DNA organization into loops fixed to the nuclear matrix/chromosomal scaffold has been studied for more than fifteen years. The results and conclusions of different authors remain, however, controversial. Recently, we have elaborated a new approach to the study of chromosomal DNA loops. Instead of characterizing loop basements (nuclear matrix DNA), we have concentrated our efforts on the characterization of individual loops after their excision by DNA topoisomerase II‐mediated DNA cleavage at matrix attachment sites. In this review (...) the results of applying this mapping approach are compared with the results and conclusions from studies of nuclear matrix DNA. An attempt is also made to reconsider all data about the specificity of DNA interactions with the nuclear matrix and to suggest a model of spatial organization of the eukaryotic genome which resolves apparent contradictions between these data. (shrink)

One of the central questions in second language processing studies is whether native and second language readers process sentences relying on the same mechanisms or there are qualitative differences. As their proficiency grows, L2 readers become more efficient, but it is difficult to determine whether they develop native-like mechanisms or rely on different strategies. Our study contributes to this debate by focusing on constructions that were demonstrated to cause characteristic problems in L1 processing: a particular type of case errors in (...) Russian was taken as an example. We investigated how beginner and intermediate learners of Russian process such errors, measuring reading times and grammaticality judgment accuracy. At the beginner level, we found non-native-like patterns both in online and in offline measures. But at the intermediate level, native-like problems emerged in offline measures. In our view, this is a strong indication that these readers are using the same underlying mechanisms as in L1 processing. In online measures, L2 readers at both levels were, in general, much slower than native participants and exhibited characteristic non-native-like patterns, which we explained by delayed morphosyntactic processing. We conclude that our results are compatible with approaches, assuming that the mechanisms for L1 and advanced L2 processing are the same, but L2 processing is more cognitively demanding and therefore slower. (shrink)

Felt presence, a sensation that “someone is there”, is an integral part of our everyday experience. It can manifest itself in a variety of forms ranging from most subtle fleeting impressions to intense hallucinations of demonic assault or visions of the divine. Felt presence phenomenon outside of the context of neurological disorders is largely neglected and not well understood by contemporary science. This paper focuses on the experiential and expressive qualities of the phenomenon and attempts to bring forth the complexity (...) and the richness of possibilities for inter- and intrasubjective awareness represented by these experiences. Are these simply misperceptions and hallucinations heightened and enforced by the mystical or superstitious mind? Or are these entities projections of our own “selves”, elements of self-estrangement? How are such experiences shaping our understanding of ourselves and of others? And finally, what is the interplay between intersubjective, private experiences and private or public spaces of dwelling? (shrink)

The richness and subtlety of the felt presence phenomenon introduced by “Felt Presence: the uncanny encounters with the numinous Other” (Solomonova et al., this issue) offers a challenge to the emerging field of new media. How to create a computer-mediated environment which can engender a spontaneous, creative, and individualized experience such as felt presence? The Other experiment described in this paper explores the possibility of unfolding phenomenological and poetic aura of felt presence experience in a media-rich environment with liminal stimulation, (...) dosed carefully, and open to interpretation. (shrink)

This volume proposes an interdisciplinary framework that views attention from a particular angle: as a means of accessing, that is, disclosing the world in a practical and meaningful way. Moreover, it investigates how this access is concretely mediated. The book is structured in the following two parts: 1) Attention and Access The first section is concerned with attention as such. What is attention and what does it do? A common thread between the expected contributions addresses attention as a directional disclosing (...) process, opening up a possibility of access to the world. This section brings contributions from a cognitive psychology/neuroscience into dialogue with phenomenology and philosophy of mind; and links attention research to new paradigms, such as predictive coding, and 4e cognition. 2) Attention and Mediation The second section tackles the question of how this disclosing process may work. Concrete disclosing is always framed by different factors and frames the world. The contributions in this section spell out the different ways in which attention is mediated and shaped by technology, situations, sociality etc., and the ways in which attention mediates our access to the world. (shrink)

Primary headaches are highly prevalent and represent a major cause of disability in young adults. Neurofeedback is increasingly used in the treatment of chronic pain; however, there are few studies investigating its efficacy in patients with headaches. We report the results of a cross-over sham-controlled study on the efficacy of neurofeedback in the prophylactic treatment of tension-type headache. Participants received ten sessions of infra-low frequency electroencephalographic neurofeedback and ten sessions of sham-neurofeedback, with the order of treatments being randomized. The study (...) also included a basic psychotherapeutic intervention — a psychoeducational session performed before the main study phases and emotional support provided throughout the study period. The headache probability was modeled as a function of the neurofeedback and sham-neurofeedback sessions performed to date. As a result, we revealed a strong beneficial effect of neurofeedback and no influence of the sham sessions. The study supports the prophylactic use of infra-low frequency neurofeedback in patients with TTH. From a methodological point of view, we advocate for the explicit inclusion of psychotherapeutic components in neurofeedback study protocols. (shrink)

Existing behavioral, neuropsychological and functional neuroimaging data suggest that at least two major cognitive strategies are used for new word learning: fast mapping via context-dependent inference and explicit encoding via direct instruction. However, these distinctions remain debated at both behavioral and neurophysiological levels, not least due to confounds related to diverging experimental settings. Furthermore, the neural dynamics underpinning these two putative processes remain poorly understood. To tackle this, we designed a paradigm presenting 20 new spoken words in association with pictures (...) in either FM or EE settings, closely matched for auditory and visual features and overall task demands. We tested word acquisition using a range of behavioral measures as well as passive event-related potential responses, an established measure of word memory trace activation, and compared brain activity elicited by novel FM and EE words before and after the learning session. Behavioral data obtained in free recall, recognition and semantic word-picture matching tasks indicated successful acquisition of new words after just 10 exposures. Crucially, we found no behavioral evidence of different acquisition outcomes between FM and EE learning. ERP data, which exhibited the main response peaks at ~170, 250, and 520 ms, also indicated successful learning, with statistically different responses between novel and familiar words present only before, but not after the training, suggesting rapid formation of new neural memory circuits matching in activation those for previously known words. Furthermore, already at the earliest peak, we found different topographic distributions for the two learning types, with left-lateralized FM dynamics, suggestive of core language system involvement, and more diffuse activity for EE items, possibly suggesting the role of attention/executive control network. A similar effect also manifested later, at ~520 ms. Our data suggest that while both EE and FM learning can be successful for rapid word acquisition at the behavioral level, the diverging electrophysiological patterns suggest a dissociation between the neural systems underpinning these learning strategies. (shrink)

Introduction. On February 28, 2023, on the basis of South Ural State University, with the support of the Research Center for Monitoring the Prevention of Destructive Manifestations in the Educational Environment (Chelyabinsk Institute of the Develop- ment of Vocational Education), there was held a regional scientific and practical conference “Preven- tion of destructive practices in the digital environ- ment and measures to improve the digital literacy of students: presentation of research results and the formation of an expert community in the (...) field of social sciences and humanities in the region”. The purpose of the study is to present the key ideas from the reports and the results of the con- ference. Methods. In order to present the key ideas from the reports, the authors use general scientific methods, such as analysis and synthesis, induction, deduction, abstraction. Scientific novelty of the research. In the current discourse of the conference, digital was defined as a new human habitat, which contains the potential for human growth and at the same time anthropo- logical and social risks. Results. In meta-reality, between real and virtual, only monitoring of public opinion on existing and potential social threats is not enough. In this case, sociatria can be a practical response to digital threats and risks. Conclusion. In the current digital environment, constructive practices of individual social subjects and social groups coexist with destructive practices. Sociatria can become a social response to the issue of monitoring, preventing and combating digital threats, and digital literacy is an anthropological response that should be created in the educational environment. (shrink)

This broad and insightful book presents current scholarship in important subfields of philosophy of science and addresses an interdisciplinary and multidisciplinary readership. It groups carefully selected contributions into the four fields of I) philosophy of physics, II) philosophy of life sciences, III) philosophy of social sciences and values in science, and IV) philosophy of mathematics and formal modeling. Readers will discover research papers by Paul Hoyningen-Huene, Keizo Matsubara, Kian Salimkhani, Andrea Reichenberger, Anne Sophie Meincke, Javier Suárez, Roger Deulofeu, Ludger Jansen, (...) Peter Hucklenbroich, Martin Carrier, Elizaveta Kostrova, Lara Huber, Jens Harbecke, Antonio Piccolomini d'Aragona and Axel Gelfert. This collection fosters dialogue between philosophers of science working in different subfields, and brings readers the finest and latest work across the breadth of the field,illustrating that contemporary philosophy of science has successfully broadened its scope of reflection. It will interest and inspire a wide audience of philosophers as well as scholars of the natural sciences, social sciences and the humanities. The volume shares selected contributions from the prestigious second triennial conference of the German Society for Philosophy of Science/ Gesellschaft für Wissenschaftsphilosophie (GWP.2016, March 8, 2016 - March 11, 2016). (shrink)

The review is devoted to a new book by the writer and literary historian Natalia A. Gromova, in which, on the basis of letters and archival documents, the love story of Varvara Malahieva-Mirovich and Lev Shestov is reconstructed. According to Gromova, their relationship became an impulse that had a key influence on the formation of Shestov as an existential thinker, whose philosophy is not based on speculative contemplation, but is inextricably linked with life experience. Shestov’s philosophy of tragedy (...) grows out of the relationship between Shestov and Malakhieva-Mirovich. On the basis of Shestov’s letters addressed to Malahieva-Mirovich, recently found in the family archive of Shik-Shakhovskie, the author of the book reconstructs the autobiographical events of the philosopher’s life, when for him “the time is out of joint” and he experienced an ideological and psychological crisis that marked the beginning of a new stage in his work. Gromova shows how the events of his life are reflected in Shestov’s writings: in his writings, the philosopher seeks answers to the questions that his relationship with Varvara Malahieva-Mirovich poses to him. Gromova introduces into scientific circulation the previously unpublished correspondence between Shestov and Malahieva-Mirovich, letters from Malahieva-Mirovich to her friend Leonilla N. Tarasova, as well as the memoirs of Malahieva-Mirovich about the actress of the Moscow Art Theater Nadezhda S. Butova. The book contains unique information about Shestov’s circle in Russia (for example, about the decadent poetess Anastasia Mirovich), including the so-called “shestovites”, a.i. the poetess and writer Varvara G. Malahieva-Mirovich, philosopher, lawyer and publisher Semyon M. Lurie, actress Nadezhda S. Butova, who is trying to find a philosophical and religious “justification” for the actor’s craft. (shrink)

Open peer commentary on the article “Exploring the Depth of Dream Experience: The Enactive Framework and Methods for Neurophenomenological Research” by Elizaveta Solomonova & Xin Wei Sha. Upshot: Enaction and neurophenomenology are indeed appropriate and productive theoretical and methodological tools for studying perception. But moving from the perceptual domain to the hallucinatory and dreaming domain with these tools requires a prior careful examination of the similarities and differences across these domains. The authors point in the right direction for studying (...) dream experience, but underestimate the objective and subjective differences between domains, producing thereby both an unwarranted blurring of their boundaries and an unnecessary explanatory burden on the approach defended. (shrink)

Open peer commentary on the article “Exploring the Depth of Dream Experience: The Enactive Framework and Methods for Neurophenomenological Research” by Elizaveta Solomonova & Xin Wei Sha. Upshot: Solomonova and Sha draw inspiration from the work programme that sparked the enactive extension to cognitive science, and propose a framework for dream scientists. This case study for a renewed cognitive science highlights key points that are worth developing, in light of current practices in neuroscience.

Open peer commentary on the article “Exploring the Depth of Dream Experience: The Enactive Framework and Methods for Neurophenomenological Research” by Elizaveta Solomonova & Xin Wei Sha. Upshot: Neurophenomenology requires a first-person report at the sub-personal level. Thus, the neurophenomenology of dreaming and sleep can be figuratively located in a model of perspectives and levels of analysis. Even when Solomonova and Sha do admit creativity to explain bizarreness and emphasize dreams’ enaction and, especially, dreams’ perception-dependence, an innate and developmental (...) framework of neurophenomenology becomes a requirement to understand fully its sub-personal counterpart, i.e., sleep, especially the evidence derived from innate processing observed during the sleep of neonates - even without the dreaming counterpart. Finally, precisions about the depth of dreaming in Hobson’s work are presented. (shrink)

Open peer commentary on the article “Exploring the Depth of Dream Experience: The Enactive Framework and Methods for Neurophenomenological Research” by Elizaveta Solomonova & Xin Wei Sha. Upshot: This commentary aims to sharpen the conceptual distinction between the breadth and the depth of dream experience. I discuss several possible readings and argue that the best one construes breadth and depth as distinct but complimentary research strategies distinguished not just by the kinds of evidence they rely on, but also by (...) the degree to which different types of data are integrated and focused on the same experiential episode. I identify promising candidates for depth approaches and challenges for future research. (shrink)

Open peer commentary on the article “Exploring the Depth of Dream Experience: The Enactive Framework and Methods for Neurophenomenological Research” by Elizaveta Solomonova & Xin Wei Sha. Upshot: A neurophenomenological approach to the enactive account of consciousness in general is supported by an account of how the brain functions in creating imagery of non-present objects and situations. Three types of non-sensory imagery are needed to ground our consciousness of sensory imagery: proprioceptive imagery, motor imagery, and what Eugene Gendlin calls (...) the “felt sense” of a situation. Dreams show clearly how we image situations without sensory input, a process that is clearly enactive rather than reactive. This enactive account of imagery then supports Gendlin’s method of interpreting dreams by comparing their “felt sense” to the felt sense of waking situations. (shrink)

Open peer commentary on the article “Exploring the Depth of Dream Experience: The Enactive Framework and Methods for Neurophenomenological Research” by Elizaveta Solomonova & Xin Wei Sha. Upshot: This commentary focuses on an ontological claim made by the authors of this target article: that perceiving, imagining and dreaming are inseparable. It explores how best to understand this “inseparability condition.” It is shown that the evidence needed to justify a strict reading of the inseparability condition is lacking, while there is (...) room for a more relaxed rendition of the inseparability condition. The inferred lesson is that in developing an enactive neurophenomenology of dreaming, it is a non-trivial task to achieve clarity about the ontology of dreaming, and its relationship to imagining as well as perceiving. (shrink)

Open peer commentary on the article “Exploring the Depth of Dream Experience: The Enactive Framework and Methods for Neurophenomenological Research” by Elizaveta Solomonova & Xin Wei Sha. Upshot: Solomonova and Sha propose a research programme for the study of dreaming based on the theoretical framework of enactivism. This commentary intends to demonstrate several unclear points connected to the theoretical framework applied and the proposed methodological solutions. By considering the potential reach of various phenomenological approaches in the research of dreams, (...) I intend to show that taking a more radical phenomenological position might further support the authors’ intention to de-pathologise the research of dreams and, even more importantly, might open up a significant new testing ground for the research of lived human experience. (shrink)