Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, focusing on the (...) effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We show that, even from a purely consequentialist perspective, disgorgement remedies may be normatively warranted, especially when involving sellers’ breach. Recent experimental evidence revealed that the preferences and reactions of ordinary people are in line with our evaluation of the effects of opportunistic breach. (shrink)

Negative duties are duties not to perform an action, while positive duties are duties to perform an action. This article focuses on the question of who holds the positive duties correlative to human rights. I start by outlining the Universal Scope Thesis, which holds that these duties fall on everyone. In its support, I present an argument by analogy: positive and negative duties correlative to human rights perform the same function; correlative negative duties are generally thought to be universal; by (...) analogy, we have reason to think that positive duties are held by everyone. I then consider three disanalogies that challenge the above argument. To address these worries, I introduce the notion of ‘aggregative duties’ – duties that can only be adequately grasped when we focus on the aggregate effect of the actions and omissions of different agents. This framework allows me to refine the initial thesis and address the objections. (shrink)

Studies have shown that children vary in the trajectories of their language development after cochlear implant (CI) activation. The aim of the present study is to assess the preverbal and lexical development of a group of 20 Italian-speaking children observed longitudinally before CI activation and at three, 6 and 12 months after CI surgery (mean age at the first session: 17.5 months; SD: 8.3; and range: 10–35). The group of children with CIs (G-CI) was compared with two groups of normally-hearing (...) (NH) children, one age-matched (G-NHA; mean age at the first session: 17.4 months; SD: 8.0; and range: 10–34) and one language-matched (G-NHL;n= 20; mean age at the first session: 11.2 months; SD: 0.4; and range: 11–12). The spontaneous interactions between children and their mothers during free-play were transcribed. Preverbal babbling production and first words were considered for each child. Data analysis showed significant differences in babbling and word production between groups, with a lower production of words in children with CIs compared to the G-NHA group and a higher production of babbling compared to the G-NHL children. Word production 1 year after activation was significantly lower for the children with CIs than for language-matched children only when maternal education was controlled for. Furthermore, latent class growth analysis showed that children with CIs belonged mainly to classes that exhibited a low level of initial production but also progressive increases over time. Babbling production had a statistically significant effect on lexical growth but not on class membership, and only for groups showing slower and constant increases. Results highlight the importance of preverbal vocal patterns for later lexical development and may support families and speech therapists in the early identification of risk and protective factors for language delay in children with CIs. (shrink)

The frame of risk and protection factors in relation to the social and educational adaptation of unaccompanied foreign minors is very complex. This qualitative Systematic Review aims to analyze the most recent scientific research on psychological, educational and social variables that can contribute to adaptation, in order to outline the factors on which to work in order to structure intervention strategies as well as to structure life projects in line with the evidence. The literature search conducted identified 11 empirical studies. (...) The results highlighted specific risk and protection factors, contextual and individual related to the adaptation of unaccompanied foreign minors. In addition to discussing the practical implications of the studies in line with development models, the methodological limitations found in the studies are also highlighted and future perspectives indicated. (shrink)

The standard view of classical cognitive science stated that cognition consists in the manipulation of language-like structures according to formal rules. Since cognition is ‘linguistic’ in itself, according to this view language is just a complex communication system and does not influence cognitive processes in any substantial way. This view has been criticized from several perspectives and a new framework (Embodied Cognition) has emerged that considers cognitive processes as non-symbolic and heavily dependent on the dynamical interactions between the cognitive system (...) and its environment. But notwithstanding the successes of the embodied cognitive science in explaining low-level cognitive behaviors, it is still not clear whether and how it can scale up for explaining high-level cognition. In this paper we argue that this can be done by considering the role of language as a cognitive tool: i.e. how language transforms basic cognitive functions in the high-level functions that are characteristic of human cognition. In order to do that, we review some computational models that substantiate this view with respect to categorization and memory. Since these models are based on a very rudimentary form of non-syntactic ‘language’ we argue that the use of language as a cognitive tool might have been an early discovery in hominid evolution, and might have played a substantial role in the evolution of language itself. (shrink)

Several scholars have highlighted the importance of examining moral disengagement in understanding aggression and deviant conduct across different contexts. The present study investigates the role of MD as a specific social-cognitive construct that, in the organizational context, may intervene in the process leading from stressors to counterproductive work behavior. Assuming the theoretical framework of the stressor-emotion model of CWB, we hypothesized that MD mediates, at least partially, the relation between negative emotions in reaction to perceived stressors and CWB by promoting (...) or justifying aggressive responses to frustrating situations or events. In a sample of 1,147 Italian workers, we tested a structural equations model. The results support our hypothesis: the more workers experienced negative emotions in response to stressors, the more they morally disengaged and, in turn, enacted CWB. (shrink)

Number is known for influencing time processing, but to what extent time influences number in human adults is unclear. We investigated possible bidirectional interactions using a novel Stroop-like task; participants compared numbers or temporal durations in congruent or incongruent conditions . Time and number tasks were presented in different blocks or within the same block of trials with task instructions provided at the offset of the stimuli . Analyses of response times and their distribution revealed that number affected time from (...) early RTs, and time affected number at late RTs – an asymmetry observed only when time and number tasks were presented in separate blocks. Thus, carefully chosen tasks and appropriate data analysis can reveal bidirectionality between time and number, consistent with shared magnitude or decision mechanisms. (shrink)

This Article analyzes the interaction between the burden of proof and evidentiary discovery rules. Both sets of rules can affect incentives for prospective injurers to invest in evidence technology. This interaction becomes acutely important in the private international law setting, where jurisdictions are split on the question whether the burden of proof should be treated as a substantive or procedural matter. When a tort occurs in Europe, but the case is litigated in American courts, treating the burden of proof as (...) a procedural matter preserves the complementarity of incentives created by the burden of proof and evidentiary rules. Conversely, treating the burden of proof as a substantive matter creates a mismatch in incentives created by the burden of proof and evidentiary rules. (shrink)

We will examine the revolts, begun in October of 2019, and currently developing in Chile under three conjoined parts. First, we will not try to theoretically ‘tame’ the revolutionary creature, but rather to plug immanently into the energy of the ‘potentia’ of the revolutionary event. To this extent, we will highlight the shortcomings of a theoretical enterprise that intends to explain it in traditional terms or that thrives for a variant of simple ‘reformism’. Second, and consequently, we will describe how (...) the concept of the constitution is the perfect product of coloniality. Hence, the concept of the ‘constitutional trap’ is not something unique to the Chilean experiment, but that the constitutional idea itself is the main pipeline of coloniality and the most sophisticated product in the contention of democracy. Third, and to encompass and give a particular direction to the previous topics, we will deploy the ‘theory of encryption of power’ and the concept of the ‘hidden people’ to explicate the Chilean phenomenon under a new light, where no past is irrevocable, and no future is necessary. (shrink)

The concept of the republic is a complex meta-principle that facilitates and conceals global relations of domination. Specifically, it enables the invisibility of racism as the core of political power. From its very origins the concept of republic serves to seize constituent power or politeia. In modernity, as it merges with private property, it will serve as the launchpad of a vast colonization project that then evolves in a new form of power in coloniality. The article applies the theory of (...) the ‘encryption of power’—to decrypt the historical concept of the republic. In doing so, we will demonstrate the key antidemocratic role it has played at the heart of global coloniality. We will bear witness as to how, from within the concept of republic, a refined mechanism of domination raises and expands, conforming the most magnificent and lethal form of power of our times. We exemplify our theory showing that the concept of ‘republic’ is the common thread between the law that abolished slavery in Brazil and the 1988 constitution. Within this scope, we propose a vital space of reconsideration of political ontology through radical democracy as the only means to build the world from immanent difference. (shrink)

In social and cultural theory, topology has been used to articulate changes in structures and spaces of power. In this introduction, we argue that culture itself is becoming topological. In particular, this ‘becoming topological’ can be identified in the significance of a new order of spatio-temporal continuity for forms of economic, political and cultural life today. This ordering emerges, sometimes without explicit coordination, in practices of sorting, naming, numbering, comparing, listing, and calculating. We show that the effect of these practices (...) is both to introduce new continuities into a discontinuous world by establishing equivalences or similitudes, and to make and mark discontinuities through repeated contrasts. In this multiplication of relations, topological change is established as being constant, normal and immanent, rather than being an exceptional form, which is externally produced; that is, forms of economic, political and cultural life are identified and made legible in terms of their capacities for continuous change. Outlining the contributions to this Special Issue, the introduction discusses the meaning of topological culture and provides an analytic framework through which to understand its implications. (shrink)

Structured argumentation systems, and their implementation, represent an important research subject in the area of Knowledge Representation and Reasoning. Structured argumentation advances over abstract argumentation frameworks by providing the internal construction of the arguments that are usually defined by a set of (strict and defeasible) rules. By considering the structure of arguments, it becomes possible to analyze reasons for and against a conclusion, and the warrant status of such a claim in the context of a knowledge base represents the main (...) output of a dialectical process. Computing such statuses is a costly process, and any update to the knowledge base could potentially have a huge impact if done naively. In this work, we investigate the case of updates consisting of both additions and removals of pieces of knowledge in the Defeasible Logic Programming (DeLP) framework, first analyzing the complexity of the problem and then identifying conditions under which we can avoid unnecessary computations—central to this is the development of structures (e.g. graphs) to keep track of which results can potentially be affected by a given update. We introduce a technique for the incremental computation of the warrant statuses of conclusions in DeLP knowledge bases that evolve due to the application of (sets of) updates. We present the results of a thorough experimental evaluation showing that our incremental approach yields significantly faster running times in practice, as well as overall fewer recomputations, even in the case of sets of updates performed simultaneously. (shrink)

The article examines the question of how learning multiple tasks interacts with neural architectures and the flow of information through those architectures. It approaches the question by using the idealization of an artificial neural network where it is possible to ask more precise questions about the effects of modular versus nonmodular architectures as well as the effects of sequential versus simultaneous learning of tasks. A prior work has demonstrated a clear advantage of modular architectures when the two tasks must be (...) learned at the same time from the start, but this advantage may disappear when one task is first learned to a criterion before the second task is undertaken. Indeed, in some cases of sequential learning, nonmodular networks achieve success levels comparable to those of modular networks. In particular, if a nonmodular network is to learn two tasks of different difficulty and the more difficult task is presented first and learned to a criterion, then the network will learn the second, easier one without permanent degradation of the first one. In contrast, if the easier task is learned first, a nonmodular task may perform significantly less well than a modular one. It seems that the reason for this difference has to do with the fact that the sequential presentation of the more difficult task first minimizes interference between the two tasks. More broadly, the studies summarized in this article seem to imply that no single learning architecture is optimal for all situations. (shrink)

The standard inferentialist approaches to modal logic tend to suffer from not being able to uniquely characterize the modal operators, require that introduction and elimination rules be interdefined, or rely on the introduction of possible-world like indexes into the object language itself. In this paper I introduce a hypersequent calculus that is flexible enough to capture many of the standard modal logics and does not suffer from the above problems. It is therefore an ideal candidate to underwrite an inferentialist theory (...) of meaning for modal operators. Here I treat specifically the modal logics K, D, T, S4, B, and S5. I show that the calculi are adequate for each set of models, and show that they meet a large set of criteria that are generally thought necessary for a calculus to underwrite a theory of meaning. (shrink)

In Contagious Architecture, Luciana Parisi offers a philosophicalinquiry into the status of the algorithm in architectural and interaction design.

Human beings possess external stores in which they put all sorts of goods to use them at some later time. In this paper we investigate this typically human adaptation using agent-based simulations. We show that the use of external stores explains many aspects of human life, allowing the agents to reduce their dependence on both the environment and the current state of their body and to be more efficient in extracting the energy contained in the environment. We analyse the spatial (...) behaviour of agents with external stores located in specific positions of the environment and we find that these agents tend to develop a sedentary life. We discuss how stores can be at the origin of many human mental and social phenomena such as the acquisition of a more extended temporal perspective, specialisation in producing different types of goods, and exchange of goods. (shrink)

Human beings possess external stores in which they put all sorts of goods to use them at some later time. In this paper we investigate this typically human adaptation using agent-based simulations. We show that the use of external stores explains many aspects of human life, allowing the agents to reduce their dependence on both the environment and the current state of their body and to be more efficient in extracting the energy contained in the environment. We analyse the spatial (...) behaviour of agents with external stores located in specific positions of the environment and we find that these agents tend to develop a sedentary life. We discuss how stores can be at the origin of many human mental and social phenomena such as the acquisition of a more extended temporal perspective, specialisation in producing different types of goods, and exchange of goods. (shrink)

Human beings possess external stores in which they put all sorts of goods to use them at some later time. In this paper we investigate this typically human adaptation using agent-based simulations. We show that the use of external stores explains many aspects of human life, allowing the agents to reduce their dependence on both the environment and the current state of their body and to be more efficient in extracting the energy contained in the environment. We analyse the spatial (...) behaviour of agents with external stores located in specific positions of the environment and we find that these agents tend to develop a sedentary life. We discuss how stores can be at the origin of many human mental and social phenomena such as the acquisition of a more extended temporal perspective, specialisation in producing different types of goods, and exchange of goods. (shrink)

This dissertation develops an inferentialist theory of meaning. It takes as a starting point that the sense of a sentence is determined by the rules governing its use. In particular, there are two features of the use of a sentence that jointly determine its sense, the conditions under which it is coherent to assert that sentence and the conditions under which it is coherent to deny that sentence. From this starting point the dissertation develops a theory of quantification as marking (...) coherent ways a language can be expanded and modality as the means by which we can reflect on the norms governing the assertion and denial conditions of our language. If the view of quantification that is argued for is correct, then there is no tension between second-order quantification and nominalism. In particular, the ontological commitments one can incur through the use of a quantifier depend wholly on the ontological commitments one can incur through the use of atomic sentences. The dissertation concludes by applying the developed theory of meaning to the metaphysical issue of necessitism and contingentism. Two objections to a logic of contingentism are raised and addressed. The resulting logic is shown to meet all the requirement that the dissertation lays out for a theory of meaning for quantifiers and modal operators. (shrink)

What has philosophy become after computation? Critical positions about what counts as intelligence, reason, and thinking have addressed this question by reenvisioning and pushing debates about the modern question of technology towards new radical visions. Artificial intelligence, it is argued, is replacing transcendental metaphysics with aggregates of data resulting in predictive modes of decision-making, replacing conceptual reflection with probabilities. This article discusses two main positions. While on the one hand, it is feared that philosophy has been replaced by cybernetic metaphysics, (...) on the other hand it is claimed that only the coconstitution of philosophy and automation challenges modern transcendental reason and colonial capital. As Donna Haraway pointed out, cybernetic circuits of communication have constructed counterfactual ontologies against the master narrative of the human. This article addresses recent attempts at redeveloping a critique of natural philosophy that explains cybernetic metaphysics beyond the universal master narratives of mechanicism and vitalism. This article suggests that the recursive system of nature and technology also needs to account for the problem of philosophical decision, which will be explored in terms of mediatic thinking, instrumentality, and automation. This article follows insights from the movie Get Out (2017) to argue that the model of philosophical decision relies on a servomechanic understanding of the medium of thought, based on the colonial abstraction of value in the prosthetic extension of the slave-machine. It explores the nonphilosophical envisioning of automation in terms of a counterfactual theorisation of the negative negation of the medium and argues for a nonoptical darkness entering the space of thinking. Philosophy and automation are neither coupled nor set in opposition as if in a ceaseless mirroring. Instead, both philosophy and automation must transform their self-determining axiomatics in order to host the heretic activities of machine propositions. (shrink)

As machines have become increasingly smart and have entangled human thinking with artificial intelligences, it seems no longer possible to distinguish among levels of decision-making that occur in the newly formed space between critical reasoning, logical inference and sheer calculation. Since the 1980s, computational systems of information processing have evolved to include not only deductive methods of decision, whereby results are already implicated in their premises, but have crucially shifted towards an adaptive practice of learning from data, an inductive method (...) of retrieving information from the environment and establishing general premises. This shift in logical methods of decision-making does not simply concern technical apparatuses, but is a symptom of a transformation in logical thinking activated with and through machines. This article discusses the pioneering work of Katherine Hayles, whose study of the cybernetic and computational infrastructures of our culture particularly clarifies this epistemological transformation of thinking in relation to machines. (shrink)

In our everyday life, we have the genuine feeling that when something we use works very well, we forget that we are doing something that is mediated by something else. It happens when we read through our glasses, or when we drive home, or when we play guitar. In all those cases, it can be said that the device becomes an extension of our body, or that we have incorporated it. In this paper I want to discuss the extension/incorporation dichotomy (...) as presented in contemporary cognitive sciences. I will present the state of the art in the debate in order to promote a methodological shift, namely to adopt two concept borrowed from Material Engagement Theory developed by Lambros Malafouris. By advocating the concepts of temporality and metaplasticity, I will argue for two different but related things: 1) extension and incorporation don’t have to be conceived only spatially, but temporally. This shift leads to two distinctive implications: first, the sooner two entities establish a prosthetic contact, the higher the chances to reach incorporation; second, extension temporally precedes incorporation; the former being an early-staged phenomenon of – a condition of possibility for – the latter. 2) Such a temporal perspective is at the base of metaplasticity, which describes, in the context of MET, the constant, co-constitutive loop between humans and things: metaplasticity deflates the privileged role traditionally attributed to the subject in the making of phenomenal experience. Finally, I will discuss extension and incorporation in media theory, relying on the concept of radical mediation. (shrink)

This article aims at contributing to the discussion about the relationships between ICT, computer science and policy-making by focusing on agent-based social simulation. Enabled, from a technical point of view, by the developments of Distributed Artificial Intelligence in the 1990s and by the features of the object-oriented programming paradigm, agent-based social simulations are a tool for the analysis of social dynamics that can be used also to support the design and the evaluation of public policies. After a brief description of (...) social simulation paradigm and of its impact on social sciences, the paper presents a simple agent-based model devised to analyze, even if in a very abstract way, a phenomenon that can rouse the interest of legal scientists: the interplay between damaging behaviors, punishment and social mechanisms of learning and imitation. Our goal is to show how agent-based simulation can be used not only to illuminate basic mechanisms underlying social phenomena but also to reflect, in an innovative way, on how society can deal with them. (shrink)

Why have theories of evolution become now a matter of concern for critically rethinking sex and sexual difference? Why after years of deconstructing the ontologies of sex rooted in biological discourses and metaphysics of identity has critical thought turned to biology, physics, and mathematics? One way to tackle this new turn toward scientific thought may be derived from the reaction against an overused method of textual critique, which has come short of engaging with the reality of matter. If sexuality and (...) sex are material forms of irreducible difference, then one needs a window into the material processes that lead to such forms. (shrink)

Sellars [1960, ‘Grammar and existence: A preface to ontology’] argues that the truth of a second-order sentence does not incur commitment to there being any sort of abstract entity. This paper begins by exploring the arguments that Sellars offers for the above claim. It then develops those arguments by pointing out places where Sellars has been unclear or ought to have said more. In particular, Sellars's arguments rely on there being a means by which language users could come to understand (...) sentences of a second-order language wherein the truth of second-order existential sentences do not require there to be abstract entities. In addition to this, as Sellars [1979, Naturalism and Ontology] notes, a formal account of quantification is required that does not make use of the apparatus of sequences. Both such a translation of and a formal account of quantification are provided in this article. (shrink)

Astract Sex investigates the impact of advances in contemporary science and information technology on conceptions of sex. Evolutionary theory and the technologies of viral information transfer, cloning and genetic engineering are changing the way we think about human sex, reproduction and the communication of genetic information. Abstract Sex presents a philosophical exploration of this new world of sexual, informatic and capitalist multiplicity, of the accelerated mutation of nature and culture.