This paper is aimed to understand the state of the art and the resulting consequences of the legal framework in Europe, with regard to the protection of children's data. Especially when they interact with networked and robotic toys, like in 'My friend Cayla' case. In order to evaluate the practical implications of the use of IoT devices by children or teenager users, the first part of the paper presents an analysis of the international guiding principles of the protection of minors, (...) a category which enjoys a higher level of protection of their fundamental rights, due to their condition of lack of physical and psychological maturity. Secondly, the focus is moved upon the protection of personal data of children. Only after confronting previous data protection legal instruments and having compared them with the novelties set forth in General Data Protection Regulation, it is reasonable to assume that new provisions such as "privacy by design" principle, adequacy of security measures and codes of conduct, can support data controllers in ensuring compliance in the field of IoT toys. In conclusion, the paper supports a view of Data Protection Authorities as a relevant player in enhancing these renovated tools in order to achieve the protection of children's rights, as to ensure their substantial protection against the threats of the interconnected world. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning. In this paper we put forward a formal model of reasoning with cases which captures many of the insights from that previous work. We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our model is a view of the relationship between cases, rules based on cases, (...) and the social values which justify those rules. Having given our view of these relationships, we present our formal model of them, and explain how theories can be constructed, compared and evaluated. We then show how previous work can be described in terms of our model, and discuss extensions to the basic model to accommodate particular features of previous work. We conclude by identifying some directions for future work. (shrink)

The paper argues for viewing legal validityas a doxastic obligation, i.e. as the obligation toaccept a rule in legal reasoning. This notion of legalvalidity is shown to be both sufficient for thelaywers' needs and neutral in regard to varioustheories of the grounds of validity, i.e. theoriesintended to identify what rules are legally valid, byproposing different grounds for attributing validity.All of these theories, rather then being alternativedefinitions of validity, presuppose the notion hereprovided.This notion is purely normative, but it allows for theconstruction (...) of theories of the grounds of validitywhich give due importance to social expectations andinstitutions. As an example of how this may happen,one such theory is also provided. This theory, whichis presented through a detailed example of a judicialdebate, is based upon the recognition of the(instrumental) value of co-ordination, as thenecessary way to achieve the most valuable purposes ofthe law. (shrink)

Plato's political thought gave rise to a number of concepts and issues - such as the idea of a normative theory, the philosophical foundation of politics, the philosopher-kings, the standard of utopian theory - which have played a significant role on Western political and philosophical thought. -/- This volume aspires to bring out Plato's concept of efficacy in a normative theory. -/- By efficacy, the author means the way in which the theory conceives of its practical realization. If in the (...) Republic this issue is particularly problematic, in the Laws, instead, the claim of realizability becomes the main concern. -/- By defining the concept of efficacy and going through the main works of Plato, this conceptual and textual analysis aims to shed a new light on Plato's political thought, which is neither a utopia, nor a short term political program, but the first normative theory encompassing a theory of efficacy. (shrink)

In previous works, an ontology of properties for quantum mechanics has been proposed, according to which quantum systems are bundles of properties with no principle of individuality. The aim of the present article is to show that, since quasi-set theory is particularly suited for dealing with aggregates of items that do not belong to the traditional category of individual, it supplies an adequate meta-language to speak of the proposed ontology of properties and its structure.

Intuitively, we can conceive of the existence of a conscious state as a pure activity that does not necessarily require a body (or even a brain). This idea has found new support in certain recent theories that present the possibility of a totally disconnected and disembodied consciousness. Against this hypothesis, I argue that human experience is intrinsically embodied and embedded, though in a specific way. Using Sartre’s phenomenology of the body, I first analyze the concept of consciousness as intentionality and (...) a world-disclosing activity, thus explaining how conscious activity can only be expressed through a body that is spatiotemporally related to the world. Then, I argue that bodily consciousness does not necessarily imply the actual presence of an anatomical body but, rather, a process of spatialization and temporalization (hodological space and temporal synthesis) through the “spatiotemporal body”. Finally, I test my thesis by critiquing some cases of apparent disembodied/disconnected consciousness, i.e., dreams, out-of-body experiences, and the brain-in-a-vat scenario. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...) argumentation schemes. Two relate to ontologies for the representation of legal concepts and two take advantage of the increasing availability of legal corpora in this decade, to automate document summarisation and for the mining of arguments. (shrink)

Accidents involving autonomous vehicles raise difficult ethical dilemmas and legal issues. It has been argued that self-driving cars should be programmed to kill, that is, they should be equipped with pre-programmed approaches to the choice of what lives to sacrifice when losses are inevitable. Here we shall explore a different approach, namely, giving the user/passenger the task of deciding what ethical approach should be taken by AVs in unavoidable accident scenarios. We thus assume that AVs are equipped with what we (...) call an “Ethical Knob”, a device enabling passengers to ethically customise their AVs, namely, to choose between different settings corresponding to different moral approaches or principles. Accordingly, AVs would be entrusted with implementing users’ ethical choices, while manufacturers/programmers would be tasked with enabling the user’s choice and ensuring implementation by the AV. (shrink)

Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...) true belief and correct choices, needs to take into account the attitudes of dialogue partners as well as normative models of dialogue and communicative activity types, in particular social and cultural settings. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

O presenta artigo se constitui em um estudo interpretativo a respeito dos efeitos da inserção maciça de tecnologias conectadas à rede mundial de computadores, em nossa cultura. Celebradas a ponto de se alastrarem como objeto de desejo por toda a parte, essas tecnologias, sobretudo as mídias móveis, têm se tornado ubíquas e não há um único segmento da sociedade que não tenha sido tocado por essa inserção. A educação formal em nosso país, por meio de políticas públicas como o Programa (...) Nacional de Tecnologia Educacional – Proinfo, procurou introduzir nas escolas da rede recursos para agregar qualidade ao nosso ensino básico, sabidamente precário. Entretanto a iniciativa se depara com resistências de toda a sorte, tanto por parte de gestores quanto de professores. Esse artigo pondera sobre essas resistências procurando ultrapassas questões, tais como falta de capacitação dos gestores, incidência de problemas técnicos ou mera falta interesse nas tecnologias. Busca pistas dessa oposição silenciosa a partir das alterações promovidas pela “virtualidade” na relação simbólica do sujeito com o meio, incidindo na esfera de sua identidade. (shrink)

This paper proposes to model legal reasoning asdialectical theory-constructiondirected by teleology. Precedents are viewed asevidence to be explained throughtheories. So, given a background of factors andvalues, the parties in a case canbuild their theories by using a set of operators,which are called theory constructors.The objective of each party is to provide theoriesthat both explain the evidence (theprecedents) and support the decision wished by thatparty. This leads to theory-basedargumentation, i.e., a dialectical exchange ofcompeting theories, which support opposedoutcomes by explaining the same (...) evidence and appealingto the same values. The winneris the party that can reply with a more coherent theoryto all theories of its adversary. (shrink)

I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views (...) on theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere comprehension of a legal concept will be distinguished from the application of the concept to a particular legal system, since application presupposes a doctrinal commitment, namely, the belief that the inferences constituting the concept hold in that system. Then, I shall consider how concepts can be characterised by defining the corresponding terms and placing them within an ontology. Finally, I shall argue that there is a tension between the inferential and the ontological approach, but that both need to be taken into account, to capture the meaning and the cognitive function of legal concepts. (shrink)

In this paper we propose a method for modeling social influence within the STIT approach to action. Our proposal consists in extending the STIT language with special operators that allow us to represent the consequences of an agent’s choices over the rational choices of another agent.

This article proposes a formal analysis of a fundamental aspect of legal reasoning: dealing with normative conflicts. Firstly, examples are illustrated concerning the dynamics of legal systems, the application of rules and exceptions, and the semantic indeterminacy of legal sources. Then two approaches to cope with conflicting information are presented: the preferred theories of Brewka, and the belief change functions of Alchourrón, Gärdenfors, and Makinson. The relations between those approaches are closely examined, and some aspects of a model of reasoning (...) with normative conflicts are outlined. Since this model takes into account an ordering of the involved regulations, criteria to order legal norms are finally specified. (shrink)

Corporate anti-corruption initiatives can make a substantial contribution towards curtailing corruption and advancing efforts to achieve the United Nations’ Sustainable Development Goals. However, researchers have observed that underdeveloped assumptions with respect to the conceptualization of corruption and how firms respond to corruption risk impeding the efficacy of anti-corruption programs. We investigate the relationship between the perceived level of corruption in foreign host countries and the organizational structure of subsidiary operations established by multinational corporations. Foreign host market corruption is disaggregated into (...) two components—private and public corruption. We employ an uncertainty-based perspective grounded in transaction cost theory to focus upon the distinct mechanisms through which private and public corruption can each be expected to impact a foreign subsidiary’s organizational structure [wholly-owned subsidiary or a joint venture with a local partner]. We expect that each type of corruption fosters a different type of uncertainty which predominates in shaping the MNC’s choice of foreign subsidiary investment structure. Hypotheses are developed and tested with a sample of 187 entries into 19 foreign host markets. Each type of corruption was found to exert a distinct effect upon the organizational structure of foreign subsidiaries. More precisely, while heightened perceived levels of public corruption were found to motivate MNCs to invest through a JV with a local partner rather than a WOS, more pronounced private corruption precipitated the opposite outcome. (shrink)

While some form of loss of control is often assumed to be a common feature of the diverse manifestations of addiction, it is far from clear how loss of control should be understood. In this paper, I put forward a concept of decrease in control in addiction that aims to fill this gap and thus provide a general framework for thinking about addictive behavior. The development of this account involves two main steps. First, I present a view of degrees of (...) control as the degree to which an agent would be responsive to potential or counterfactual sufficient reasons to do otherwise. Second, I sketch an account of the relevant control-undermining factors in addiction that is consonant with my proposed view of degrees of control. Being a high-level functional property, reasons-responsiveness is particularly well suited to frame an account of control-undermining factors that is doubly pluralistic: it encompasses the contribution of factors both internal and external to the agent, and it is consistent with various proposals as to the precise nature of the anomaly taking place in the psychology of addiction. (shrink)

Human cerebral organoids are three-dimensional biological cultures grown in the laboratory to mimic as closely as possible the cellular composition, structure, and function of the corresponding organ, the brain. For now, cerebral organoids lack blood vessels and other characteristics of the human brain, but are also capable of having coordinated electrical activity. They have been usefully employed for the study of several diseases and the development of the nervous system in unprecedented ways. Research on human cerebral organoids is proceeding at (...) a very fast pace and their complexity is bound to improve. This raises the question of whether cerebral organoids will also be able to develop the unique feature of the human brain, consciousness. If this is the case, some ethical issues would arise. In this article, we discuss the necessary neural correlates and constraints for the emergence of consciousness according to some of the most debated neuroscientific theories. Based on this, we consider what the moral status of a potentially conscious brain organoid might be, in light of ethical and ontological arguments. We conclude by proposing a precautionary principle and some leads for further investigation. In particular, we consider the outcomes of some very recent experiments as entities of a potential new kind. (shrink)

According to the received view in epistemology, inferential knowledge from non-knowledge is impossible – that is, in order for a subject to know the conclusion of their inference, they must know the essential premises from which that conclusion is drawn. In this book, Federico Luzzi critically examines this view, arguing that it is less plausible than intuition suggests and that it can be abandoned without substantial cost. In a discussion that ranges across inference, testimony and memory he analyses the (...) full range of challenges to the view, connecting them to epistemological cases that support those challenges. He then proposes a defeater-based framework which allows the phenomenon of knowledge from non-knowledge across these three epistemic areas to be better understood. His book will be of interest to a wide range of readers in epistemology. (shrink)

. I will argue that the concept of law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain properties a norm may possess to the conclusion that the norm is legally binding, namely, that it deserves to be endorsed and applied in legal reasoning. Legal validity has to be distinguished from other, more demanding, normative ideas, such as moral bindingness or legal optimality.

En su más reciente libro, Cuestiones de Filosofía del Lenguaje: Pragmática, David Pérez Chico (2022) nos presenta una muy interesante selección de artículos sobre diferentes temáticas actualmente trabajadas en filosofía del lenguaje. Personalmente, considero que este libro es una lectura imprescindible para cualquier lector de habla hispana que quiera introducirse en las temáticas más contemporáneamente discutidas en esa disciplina. En este marco, en el presente artículo me propongo realizar un análisis crítico de cuatro de los artículos de la compilación que (...) trabajan la temática de las emisiones evaluativas, i.e., emisiones cuya extensión depende de parámetros contextuales semánticamente no estándares. (shrink)

Este trabajo tematiza la cuestión de los programas informáticos que discriminan, desde la filosofía del lenguaje. En esta disciplina, la bibliografía sobre discurso de odio ha centrado su análisis en los efectos que este produce en los grupos oprimidos. La idea central del presente trabajo será presentar una nueva noción, el discurso influenciado, que permita explicar lo que el grupo opresor es llevado a afirmar en base a la opresión sistemática. Así, el discurso influenciado permitirá tanto explicar la reproducción social (...) de los discursos de odio como enmarcar teóricamente las afirmaciones discriminatorias realizadas por los programas informáticos previamente mencionados. (shrink)

We present a generalization of the problem of pattern recognition to arbitrary probabilistic models. This version deals with the problem of recognizing an individual pattern among a family of different species or classes of objects which obey probabilistic laws which do not comply with Kolmogorov’s axioms. We show that such a scenario accommodates many important examples, and in particular, we provide a rigorous definition of the classical and the quantum pattern recognition problems, respectively. Our framework allows for the introduction of (...) non-trivial correlations between the different species involved, opening the door to a new way of harnessing these physical resources for solving pattern recognition problems. Finally, we present some examples and discuss the computational complexity of the quantum pattern recognition problem, showing that the most important quantum computation algorithms can be described as non-Kolmogorovian pattern recognition problems. (shrink)

I argue that patients who suffer genital surgery to ‘disambiguate’ their sexual anatomy, a practice labelled ‘intersex genital mutilation’ (IGM) by intersex advocates, can be understood as victims of hermeneutical injustice in the sense elaborated by Miranda Fricker. This claim is clarified and defended from two objections. I further argue that a particular subset of cases of IGM-based hermeneutical injustice instantiate a novel form of hermeneutical injustice, which I call deception-based hermeneutical injustice. I highlight how this differs from central types (...) of hermeneutical injustice in the literature and trace its harms. (shrink)

A restrictive view of self-control identifies exercises of self-control with synchronic intrapsychic processes, and pictures diachronic and externally-scaffolded strategies not as proper instances of self-control, but as clever ways of avoiding the need to exercise that ability. In turn, defenders of an inclusive view of self-control typically argue that we should construe self-control as more than effortful inhibition, and that, on grounds of functional equivalence, all these diverse strategies might be properly described as instances of self-control. In this paper, I (...) take a fresh look at this debate by focusing on cases of addiction. I argue that addicted agents face a paradigmatic sort of self-control challenge, which makes addiction an important test case for theories of self-control. And I discuss evidence that highlights both the unreliability of synchronic intrapsychic strategies and the crucial role that is played by diachronic and externally-scaffolded strategies in successful attempts at achieving abstinence by addicted individuals. Abstaining addicts are a paradigmatic case of agents who successfully exercise self-control, and they mostly do so by relying on diachronic and externally-scaffolded strategies. This, I argue, lends further support to an inclusive view of self-control. (shrink)

This article examines Wittgenstein’s criticism of Moore’s use of “know”, as he developed it in On Certainty. Arguing against much of the literature, the author claims that, by Wittgenstein’s own lights, Moore was not talking nonsense. He does so by showing, first, that the standard reading is based on the idea that hinge propositions are non-epistemic, and second, that Wittgenstein’s alleged adoption of the non-epistemic view is not adequately supported by the textual evidence. The author argues that claims to the (...) contrary depend on an undue conflation, on the part of interpreters, of Wittgenstein’s treatment of psychological avowals in Philosophical Investigations and his discussion of hinge propositions in On Certainty. Moreover, a closer look at Wittgenstein’s objections to Moore shows that Wittgenstein himself repeatedly charged Moore with a similar confusion between the status of psychological statements and the status of his common-sense truisms. (shrink)

We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be useful for (...) governing the interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, without recourse to a central regulatory agency. The model also provides for multiple interpretations concerning rules of private international law as well as substantive rules of the different legal systems. (shrink)

According to a shared functionalist view in philosophy of mind, a cognitive system, and cognitive function thereof, is based on the components of the organism it is realized by which, indeed, play a causal role in regulating our cognitive processes. This led philosophers to suggest also that, thus, cognition could be seen as an extended process, whose vehicle can extend not only outside the brain but also beyond bodily boundaries, on different kinds of devices. This is what we call the (...) ‘Externally Extended Cognition Thesis.’ This notion has generated a lively debate. Here, we offer a novel notion of extended cognition, according to which cognition can be seen as being realized outside the brain, but still inside the body. This is what we call the ‘Internally Extended Cognition Thesis’. Not only our thesis but also our approach while defending it is innovative. The argument we offer is supported by recent empirical findings in the life sciences and biomedicine, which suggest that the gut microbiota’s activity has a functional role in regulating our cognitive processes and behaviors. In doing so, we embrace the holobiont-perspective, according to which it is possible to claim that what we call biological individuals are not autonomous entities with clear boundaries, but should rather be seen as networks of multiple interactions among species. Thus, by analyzing different sets of evidence in light of the holobiont-perspective, we argue that the gut microbiota could be seen as a component of our organism. On the basis of the philosophical interpretation of this evidence, however, we also suggest that there are no impediments standing the way of considering the gut microbiota also as a functional extension of our cognitive system. If so, this amounts to extending cognition out of ‘our skull’, though still confining it within ‘our body’: to ‘our gut’. This is an instance of the ‘Internally Extended Cognition Thesis,’ whose benefits for an original theory of extended cognition are discussed. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. -/- . (shrink)

We will present a three-valued consequence relation for metainferences, called CM, defined through ST and TS, two well known substructural consequence relations for inferences. While ST recovers every classically valid inference, it invalidates some classically valid metainferences. While CM works as ST at the inferential level, it also recovers every classically valid metainference. Moreover, CM can be safely expanded with a transparent truth predicate. Nevertheless, CM cannot recapture every classically valid meta-metainference. We will afterwards develop a hierarchy of consequence relations (...) CMn for metainferences of level n. Each CMn recovers every metainference of level n or less, and can be nontrivially expanded with a transparent truth predicate, but cannot recapture every classically valid metainferences of higher levels. Finally, we will present a logic CMω, based on the hierarchy of logics CMn, that is fully classical, in the sense that every classically valid metainference of any level is valid in it. Moreover, CMω can be nontrivially expanded with a transparent truth predicate. (shrink)

The social sciences are predominantly seen by their practitioners as critical endeavours, which should inform criticism of harmful institutions, beliefs and practices. Accordingly, political attacks on the social sciences are often interpreted as revealing an unwillingness to accept criticism and an acquiescence with the status quo. But this dominant view of the political implications of social scientific knowledge misses the fact that people can also be outraged by what they see as its apologetic potential, namely that it provides excuses or (...) justifications for people doing bad things, preventing them from being rightfully blamed and punished. This introduction to the special issue sketches the long history of debates about the exculpatory and justificatory consequences of social science and lays the foundations for a theory of social scientific apologia by examining three main aspects: what social and cognitive processes motivate this type of accusation, how social theorists respond to it and whether different contexts of circulation of ideas affect how these controversies unfold. (shrink)

Although the idea of dignity has always been applied to human beings and although its role is far from being uncontroversial, some recent works in animal ethics have tried to apply the idea of dignity to animals. The aim of this paper is to discuss critically whether these attempts are convincing and sensible. In order to assess these proposals, I put forward two formal conditions that any conception of dignity must meet and outline three main approaches which might justify the (...) application of dignity to animals: the species-based approach, moral individualism and the relational approach. Discussing in particular works by Martha Nussbaum and Michael Meyer I argue that no approach can convincingly justify the extension of dignity to animals because all fail to meet the formal conditions and do not provide an appropriate basis for animal dignity. I conclude by arguing that the recognition of the moral importance of animals and their defense should appeal to other normative concepts which are more appropriate than dignity. (shrink)

We discuss the mathematical structures that underlie quantum probabilities. More specifically, we explore possible connections between logic, geometry and probability theory. We propose an interpretation that generalizes the method developed by R. T. Cox to the quantum logical approach to physical theories. We stress the relevance of developing a geometrical interpretation of quantum mechanics.

Abstract. In this paper I shall take an inferential approach to legality (legal validity), and consider how the legality of a norm can be inferred, and what can be inferred from it. In particular, I shall analyse legality policies, namely, conditionals conferring the quality of legality upon norms having certain properties, and I shall examine to what extent such conditionals need to be positivistic, so that legality is only dependant on social facts. Finally, I shall consider how legality is transmitted (...) from norm to norm and whether the ultimate legality policies (the rules of recognition) of a legal system need to be constituted by social facts. (shrink)

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

Following the proposal of a new kind of selective structural realism that uses as a basis the distinction between framework and interaction theories, this work discusses relevant applications in fundamental physics. An ontology for the different entities and properties of well-known theories is thus consistently built. The case of classical field theories—including general relativity as a classical theory of gravitation—is examined in detail, as well as the implications of the classification scheme for issues of realism in quantum mechanics. These applications (...) also shed light on the different range of applicability of the ontic and epistemic versions of structural realism. (shrink)

This article models legal interpretation through argumentation and provides a logical analysis of interpretive arguments, their conflicts, and the resulting indeterminacies. Interpretive arguments are modelled as defeasible inferences, which can be challenged and defeated by counterarguments and be reinstated through further arguments. It is shown what claims are possibly (defensibly) or necessarily (justifiably) supported by the arguments constructible from a given interpretive basis, i.e., a set of interpretive canons coupled with reasons for their application. It is finally established under what (...) conditions such arguments provide single outcomes or rather support alternative interpretive conclusions, thus leading to propositions of law whose truth‐value is undetermined. (shrink)