This paper proposes substitutional definitions of logical truth and consequence in terms of relative interpretations that are extensionally equivalent to the model-theoretic definitions for any relational first-order language. Our philosophical motivation to consider substitutional definitions is based on the hope to simplify the meta-theory of logical consequence. We discuss to what extent our definitions can contribute to that.

The quarantine model, recently proposed by Pereboom and Caruso, is one of the most influential models developed to date in the context of criminal justice. The quarantine model challenges the very idea of criminal punishment and asserts that nobody deserves punishment on a fundamental level. Instead, in order to deal with offenders, it proposes a series of incapacitation measures based on public safety concerns. In this article, we examine several objections to the quarantine model that demonstrate how, in our view, (...) it can be improved. These mainly pertain to (2.1) the difficulty of reliably identifying dangerous individuals and consequently the need to base confinement decisions on probability, and (2.2) the potential for the quarantine model not to properly deter certain crimes. Three additional objections are raised with respect to (3.1) the rights that are potentially suppressed in the quarantine model; (3.2) the role of “genetic justice”; and (3.3) the difficulty it faces accommodating reasons-responsiveness. Whereas these objections do not constitute knock-down arguments against the quarantine model, they highlight issues that invite closer scrutiny, at least if it is to be considered as a credible framework for the development of viable policies in criminal justice. (shrink)

This is a collective study of philosophical questions to do with experts and expertise, such as: What is an expert? Who decides who the experts are? Should we always defer to experts? How should expertise inform public policy? What happens when the experts disagree? Must experts be unbiased? Does it matter what the source of the expertise is?

Drawing upon the philosophical insights of Friedrich Schlegel, Walter Benjamin, Theodor W. Adorno, and Blixa Bargeld, this book explores the persistence of a critical-deconstructive approach to musical production, consumption, and reception in the German cultural sphere of the last two centuries.

Demokratische Institutionen und rechtliche Regulierungsmechanismen wandeln sich grundlegend. Dieser Wandel ist Tendenzen der Metamorphose von Recht und Politik ausgesetzt: Tendenzen, von denen vorerst nur klar ist, dass sie erfolgen, nicht, in welchem Umfang und in welchen Formen. Um Klarheit uber diese Tendenzen gewinnen zu konnen, ist es erforderlich, erneut daruber nachzudenken, wie Politik, Verantwortung, Freiheit und Recht ins Verhaltnis zu setzen sind. Auf die dem Band vorangestellte Frage, ob es eine Freiheit ohne Recht gibt, finden sich in den Beitragen der (...) Autoren unterschiedliche Antworten.". (shrink)

This paper offers a novel interpretation of Hans Jonas’ analysis of metabolism, the centrepiece of Jonas’ philosophy of organism, in relation to recent controversies regarding the phenomenological dimension of life-mind continuity as understood within ‘autopoietic’ enactivism (AE). Jonas’ philosophy of organism chiefly inspired AE’s development of what we might call ‘the phenomenological life-mind continuity thesis’ (PLMCT), the claim that certain phenomenological features of human experience are central to a proper scientific understanding of both life and mind, and as such central (...) features of all living organisms. After discussing the understanding of PLMCT within AE, and recent criticisms thereof, I develop a reading of Jonas’ analysis of metabolism, in light of previous commentators, which emphasizes its systematicity and transcendental flavour. The central thought is that, for Jonas, the attribution of certain phenomenological features is a necessary precondition for our understanding of the possibility of metabolism, rather than being derivable from metabolism itself. I argue that my interpretation strengthens Jonas’ contribution to AE’s justification for ascribing certain phenomenological features to life across the board. However, it also emphasises the need to complement Jonas’ analysis with an explanatory account of organic identity in order to vindicate these phenomenological ascriptions in a scientific context. (shrink)

In this article, the author traces the response of liberation theologians to human rights initiatives through three distinct stages over the past thirty years: from an initial avoidance of the concept, to an early critique, and then to a nuanced theological appropriation. He contends that liberation theology brings a thoroughgoing concern for the poor and an innovative methodology of historicization to the discussion of human rights. In clarifying the treatment of human rights within a specific religious movement, the author also (...) addresses larger questions about the specific role of human rights language. To this end, the article shows how liberation theologians have grappled concretely with the divisions among different "generations" of rights, various rights discourses, and diverse options for rights advocacy. (shrink)

The discourse on the fundamental issues raised by synthetic biology, such as biosafety and biosecurity, intellectual property, environmental consequences and ethical and societal implications, is still open and controversial. This, coupled with the potential and risks the field holds, makes it one of the hottest topics in technology assessment today. How a new technology is perceived by the public influences the manner in which its products and applications will be received. Therefore, it is important to learn how people perceive synthetic (...) biology. This work gathers, integrates and discusses the results of three studies of public perceptions of synthetic biology: an analysis of existing research on how media portray synthetic biology across 13 European countries and in the USA, the Meeting of Young Minds, a public debate between prospective politicians and synthetic biologists in the Netherlands and the experiences of citizen panels and focus groups in Austria, the UK and the USA. The results show that the media are generally positive in their reports on synthetic biology, rather unbalanced in their view of potential benefits and risks, and also heavily influenced by the sources of the stories, namely scientists and stakeholders. Among the prospective Dutch politicians, there were positive expectations as well as very negative ones. Some of these positions are also shared by participants in public dialogue experiments, such as not only the demand for information, transparency and regulation but also a sense of resignation and ineluctability of scientific and technological progress. (shrink)

In many ways, questionable epidemiological measures by which the authorities restricted civic and private life during the COVID-19 pandemic have challenged many implied notions of the inviolability of citizens’ rights and freedoms, as well as obedience to state authority. It is a problem of the incommensurability between freedom and law seen through the conflict between personal rights and the demands of the common good. This article examines how a state of emergency, such as a pandemic, affects the perception of the (...) legitimacy of the State. In this, it relies on some key concepts from Carl Schmitt’s political theology, such as the “exception”, “the sociology of legal concepts”, the “nature of sovereignty”, the formal criterion of the political as a specific way of thinking, and acting and “stasiological” nature of the political. (shrink)

This volume provides a rigorous philosophical investigation of the rationales, challenges, and promises of the coming Space Age. Over the past decade, space exploration has made significant and accelerating progress, and its potential has attracted growing attention from science, states, businesses, innovators, as well as the media and society more generally. However, philosophical theorizing concerning the premises, values, meanings, and impacts of space exploration is still in its infancy, and this potentially immense field of study is far from mainstream yet. (...) This book advances outer space philosophy by integrating key scientific and societal debates sparked by recent developments in space research and activities with conceptual, existential, ethical, aesthetic, and political themes and concerns. It maps various regions of philosophical exploration, reflection, and speculation regarding humanity's present and future irradiation into outer space, to promote a broad, rich, and nuanced societal debate regarding this transformative enterprise, which is as stimulating as it can be disorienting. This book will be a fascinating philosophical and ethical exploration for academics, researchers and students interested in philosophy, space studies, science and technology studies, future studies, and sustainability. (shrink)

We begin by introducing our readers to the Extended Mind Thesis and briefly discuss a series of arguments in its favour. We continue by showing of such a theory can be resisted and go on to demonstrate that a more conservative account of cognition can be developed. We acknowledge a stalemate between these two different accounts of cognition and notice a couple of issues that we argue have prevented further progress in the field. To overcome the stalemate, we propose to (...) focus on the ethical implications of these theories. We link work conducted on the Extended Mind Thesis with contemporary transhumanist research and claim that extended may be ethically preferred over embedded because it is a more progressive and inclusive theory. (shrink)

Antibiotic resistance (AR) is a major threat to public health and healthcare worldwide. In this article, we analyse and discuss the claim that taking actions to minimize AR is everyone's responsibility, focusing on individual moral responsibility. This should not be merely interpreted as a function of knowledge of AR and the proper use of antibiotics. Instead, we suggest a circumstantial account of individual responsibility for AR, where individuals do or do not engage in judicious antibiotic behaviour with different degrees of (...) voluntariness. Furthermore, we suggest a notion of responsibility as a virtue, in which individuals have the opportunity to develop a sensitivity towards the AR theme and, consequently, are capable of engaging, actively and voluntarily, in judicious antibiotic behaviour. The development of such sensitivity depends on the creation of adequate circumstances, that is individual capacities and availability of resources. (shrink)

Argues that there are moral grounds to use torture where the lives of the innocent are at stake.

ExcerptIn a letter to his friend and intellectual collaborator Theodor W. Adorno, on December 25, 1935, Walter Benjamin describes music as a field of inquiry “fairly remote” from his own.1 Several years later, in another letter to Max Horkheimer, he writes that the “state of musical affairs … could not be any more remote” for him.2 Yet despite these claims of unfamiliarity with aurality, there are numerous observations on acoustic phenomena throughout Benjamin's oeuvre. From his early essays on language to (...) his autobiographical studies and late works on critical historiography, Benjamin displays a keen sensitivity to sound that ranges from…. (shrink)

Advances in artificial intelligence and robotics stand to change many aspects of our lives, including our values. If trends continue as expected, many industries will undergo automation in the near future, calling into question whether we can still value the sense of identity and security our occupations once provided us with. Likewise, the advent of social robots driven by AI, appears to be shifting the meaning of numerous, long-standing values associated with interpersonal relationships, like friendship. Furthermore, powerful actors’ and institutions’ (...) increasing reliance on AI to make decisions that may affect how people live their lives may have a significant impact on privacy while also raising issues about algorithmic transparency and human control. In this paper, building and expanding on previous works, we will look at how the deployment of Artificial Intelligence technology may lead to changes in identity, security, and other crucial values. We will discuss what challenges we may face in the process, while critically reflecting on whether such changes may be desirable. Finally, drawing on a series of considerations underlying virtue ethics, we will formulate a set of preliminary suggestions, which—we hope—can be used to more carefully guide the future roll out of AI technologies for human flourishing; that is, for social and moral good. (shrink)

Usporednom analizom odabranih povijesnih i suvremenih pedagoških dokumenata stručno usavršavanje se prepoznaje kao trajna i neodvojiva komponenta nastavničke profesije. Trajno usavršavanje odgojnoobrazovnih djelatnika nepravedno se pripisuje tek vremenu paradigme cjeloživotnog obrazovanja. Pedagoški teoretičari nastavničkoj profesiji od njezinih početaka i pokušaja zakonske regulative te njezina društvenog etabliranja propisuju trajnu potrebu stručnog usavršavanja u svrhu profesionalnog razvitka i karijernog napredovanja, kao i obvezu neprestanog učenja. Već u prvom zakonskom dokumentu iz 1874. godine propisano je individualno i produžno obrazovanje svih učitelja. Time stručno (...) usavršavanje postaje ključna sastavnica učiteljske profesije, a kasnije i svih odgojno obrazovnih djelatnika. Analizom povijesnih dokumenata utvrđena je sto pedeset godišnja zakonska i propisima regulirana trajna obveza stručnog usavršavanja nastavnika koja u praksi često nije ostvarena. Nakon dosegnute sveučilišne razine inicijalnog obrazovanja svih nastavnika i učitelja, potrebno je stvoriti uvjete za njihovo sustavno i učinkovito stručno usavršavanje. By comparative analysis of selected historical and contemporary pedagogical documents, professional development is recognized as a permanent and inseparable component of the teaching profession. Continuous training of educators is unfairly attributed only to the time of the lifelong education paradigm. Since its beginnings and attempts at legislation and its social establishment, pedagogical theorists have prescribed the continuing need for professional development for the purpose of professional development and career advancement, as well as the obligation of continuous learning. Already in the first legal document of 1874, individual and extended education of all teachers was prescribed. In this way, professional development becomes a key component of the teaching profession and later of all educational staff. The analysis of historical documents has determined the one hundred and fifty-year legal and statutory regulation of a permanent obligation for the professional development of teachers, which is often not achieved in practice. After reaching the university level of initial education of all teachers, it is necessary to create the conditions for their systematic and effective professional development. (shrink)

By comparative analysis of selected historical and contemporary pedagogical documents, professional development is recognized as a permanent and inseparable component of the teaching profession. Continuous training of educators is unfairly attributed only to the time of the lifelong education paradigm. Since its beginnings and attempts at legislation and its social establishment, pedagogical theorists have prescribed the continuing need for professional development for the purpose of professional development and career advancement, as well as the obligation of continuous learning. Already in the (...) first legal document of 1874, individual and extended education of all teachers was prescribed. In this way, professional development becomes a key component of the teaching profession and later of all educational staff. The analysis of historical documents has determined the one hundred and fifty-year legal and statutory regulation of a permanent obligation for the professional development of teachers, which is often not achieved in practice. After reaching the university level of initial education of all teachers, it is necessary to create the conditions for their systematic and effective professional development. (shrink)

ZusammenfassungIn diesem Aufsatz wird eine kommunikations- und medientheoretische Untersuchung ausgewählter Divinationspraktiken unternommen. Im Zentrum stehen hierbei das Giftorakel der zentralafrikanischen Zande sowie die arabisch-islamische Geomantie. Dieses Unternehmen hat den Zweck, drei Thesen bezüglich Medien religiöser Kommunikation zu erproben, die sich dem Autor aus der Auseinandersetzung mit Ritualen und speziell Divinationsformen aus unterschiedlichen soziokulturellen Kontexten ergeben haben:1) Divinationsmedien unterscheiden sich in frappierender Weise von Medien der Alltagskommunikation; 2) diese besonderen Medien ermöglichen eine Kommunikation zwischen Wirklichkeitsbereichen und verkörpern damit ein fundamentales „Dazwischen“; (...) 3) von einer Innenperspektive betrachtet, werden Divinationsmedien oft als aktive Kommunikationspartner konzipiert und wahrgenommen – selbst wenn diese aus einer Beobachterperspektive unbelebte Paraphernalia sind.Um eine Grundlage für die Plausibilisierung dieser Thesen zu schaffen, ist anfänglich von Kommunikation und Medien sowie den Besonderheiten religiöser Kommunikation und Medien religiöser Kommunikation die Rede. Auf die detaillierte Beschreibung der Divinationspraktiken folgen ihre kommunikationstheoretische Analyse sowie eine zeichen- und medientheoretische Deutung dieser Ergebnisse.Das Ziel dieses Aufsatzes liegt neben der Plausibilisierung seiner Thesen auch darin, Impulse für die religionswissenschaftliche Debatte um Medien, Materialität und Performanz zu liefern. Gerade in den Ergebnissen der Divinationsforschung sieht David Morgan, wie er jüngst in Material religion schrieb, ein ertragreiches Feld. (shrink)

Several language experiments have been carried out on apes and other animals aiming to narrow down the presumed qualitative gap that separates humans from other animals. These experiments, however, have been driven by the understanding of language as a purely symbolic sign system, often connected to a profound disinterest for language use in real situations and a propensity to perceive grammatical and syntactic information as the only fundamental aspects of human language. For these reasons, the language taught to apes tends (...) to discard iconic and indexical elements in favour of symbolic signs. This paper sheds light on the iconic components of human language, with close attention to the iconic properties of language as present in the ape language experiments. We emphasise the role of the body in the interpretation and production of iconic signs, while demonstrating the need to take into account the Umwelt theory in the research paradigm of the experiments. Uexküll’s Umwelt theory is used to exemplify the methodological problems connected to the teaching of human language to other animal species; furthermore, we discuss how the modelling capacities of language affect the biological layer that constitutes the animal Umwelt. Language is analysed as a particular case of Umwelt transition, and as such its implications are further discussed in the article. With this paper, we enrich the discussion surrounding the human-ape pidgin language by advocating for the need to include iconic components as vital parts of this research area. With this inclusion, we uncover the inter-dependency of iconic, indexical and symbolic signs in human language, aiming to further develop the research paradigm of the ape language experiments. (shrink)

Block (Trends Cogn Sci 7:285–286, 2003) and Prinz (PSYCHE 12:1–19, 2006) have defended the idea that SSD perception remains in the substituting modality (auditory or tactile). Hurley and Noë (Biol Philos 18:131–168, 2003) instead argued that after substantial training with the device, the perceptual experience that the SSD user enjoys undergoes a change, switching from tactile/auditory to visual. This debate has unfolded in something like a stalemate where, I will argue, it has become difficult to determine whether the perception acquired (...) through the coupling with an SSD remains in the substituting or the substituted modality. Within this puzzling deadlock two new approaches have been recently suggested. Ward and Meijer (Conscious Cogn 19:492–500, 2010) describe SSD perception as visual-like but characterize it as a kind of artificially induced synaesthesia. Auvray et al. (Perception 36:416–430, 2007) and Auvray and Myin (Cogn Sci 33:1036–1058, 2009) suggest that SSDs let their users experience a new kind of perception. Deroy and Auvray (forthcoming) refine this position, and argue that this new kind of perception depends on pre-existing senses without entirely aligning with any of them. So, they have talked about perceptual experience in SSDs as going "beyond vision". In a similar vein, MacPherson (Oxford University Press, New York, 2011a) claims that “if the subjects (SSD users) have experiences with both vision-like and touch-like representational characteristics then perhaps they have a sense that ordinary humans do not” (MacPherson in Oxford University Press, New York, 2011a, p. 139). (shrink)

Warren Buckland _The Cognitive Semiotics of Film_ Cambridge: Cambridge University Press, 2000 ISBN: 0-521-78005-5 (hb) xi +174 pp.

This article discusses the significance of social capital in Bourdieu-inspired analyses of contemporary South-East European societies. We first recapitulate Bourdieu?s theorization of social capital, emphasizing that it allows different operationalizations expressly because of its rather abstract theoretical character. Following that, we explain what is meant by?South- East European societies? and that their inequality-generating mechanisms are largely based on social closure. In the central part of the article, we comment on some attempts at operationalization of social capital in the SEE region. (...) While we also discuss two cases of eclectically mixing Lin?s operationalization with Bourdieusian concepts, at the center of our attention is the elaboration of Bourdieu?s theorization of social capital put forward by the Serbian sociologist Predrag Cveticanin. The relevance of his concepts of?social capital of solidarity? and?social capital of informal connections? for the study of class relations in post-socialist societies in South-East Europe highlights the advantages of a consistent application of the Bourdieusian framework in a contemporary context. (shrink)

Emotion recognition skills and the ability to understand the mental states of others are crucial for normal social functioning. Conversely, delays and impairments in these processes can have a profound impact on capability to engage in, maintain, and effectively regulate social interactions. Therefore, this study aimed to compare the performance of 42 autistic children, 45 unaffected siblings, and 41 typically developing controls on the Affect Recognition and Theory of Mind subtests of the Developmental Neuropsychological Assessment Battery. There were no significant (...) differences between siblings and TD controls. Autistic children showed significantly poorer performance on AR when compared to TD controls and on TOM when compared to both TD controls and unaffected siblings. An additional comparison of ASD, unaffected sibling and TD control subsamples, matched on full-scale IQ, revealed no group differences for either AR or TOM. AR and TOM processes have received less research attention in siblings of autistic children and remain less well characterized. Therefore, despite limitations, findings reported here contribute to our growing understanding of AR and TOM abilities in siblings of autistic children and highlight important future research directions. (shrink)

The arguments offered by Jaswal & Akhtar to counter the social motivation theory do not appear to be directly related to the SMT tenets and predictions, seem to not be empirically testable, and are inconsistent with empirical evidence. To evaluate the merits and shortcomings of the SMT and identify scientifically testable alternatives, advances are needed on the conceptualization and operationalization of social motivation across diagnostic boundaries.

Many governments have seen digital health technologies as promising tools to tackle the current COVID-19 pandemic. A much-talked example in this context involves the recent deluge of digital contact tracing apps aimed at detecting Covid-19 exposure. In this short contribution we look at the bio-political justification of this phenomenon and reflect on whether DCT apps constitute, as it is often argued, a serious potential breach of our right to privacy. Despite praising efforts attempting to develop legal and ethical frameworks for (...) DCT apps’ usage; we argue that such endeavours are not sufficient to tackle the more fundamental problem of mass surveillance, which will remain largely unaddressed unless we deal with the biopolitical arguments presented and resort to a technical and structural defence. (shrink)

BackgroundAlthough some of the most radical hypothesis related to the practical implementations of human enhancement have yet to become even close to reality, the use of cognitive enhancers is a very tangible phenomenon occurring with increasing popularity in university campuses as well as in other contexts. It is now well documented that the use of cognitive enhancers is not only increasingly common in Western countries, but also gradually accepted as a normal procedure by the media as well. In fact, its (...) implementation is not unusual in various professional contexts and it has its peak in colleges. Even when certain restrictions in the legislation of a country are indeed in place, they are without doubts easy to overcome. The legitimacy and appropriateness of such restrictions will not be the focus of our investigation.DiscussionOur concern is instead related to the moral and social reasons to publicly acknowledge the use of cognitive enhancers in competitive-selective contexts. These reasons are linked to a more neutral analysis of contemporary Western society: it is a fact that an increasing number of competitive-selective contexts have a substantial number of contenders using cognitive enhancers.SummaryThrough the use of five explicative examples, in this paper we want to analyse the problems related to its use. In particular, it will be our aim to show the tension between one of the main argument used by bio-liberals and the actual implementation of the drugs in competitive, or semi-competitive contexts. (shrink)

Due to the alarming rise of antibiotic resistance, medically unwarranted use of antibiotics has assumed new moral significance. In this paper, a thematic content analysis of focus group discussions was conducted to explore lay people’s views on the moral challenges posed by antibiotic resistance. The most important finding is that lay people are morally sensitive to the problems entailed by antibiotic resistance. Participants saw the decreasing availability of effective antibiotics as a problem of justice. This involves individual as well as (...) collective moral responsibility. Yet, holding agents responsible for their use of antibiotics involves varying degrees of demandingness. In our discussion, these findings are related to the contemporary ethical debate on antibiotic resistance and two proposals for the preservation of antibiotic effectiveness are compared to and evaluated against participants’ views. (shrink)

In Section 1, I introduce three views that explain human cognitive development from different standpoints: Marcus’s neo-nativism, standard neuroconstructivism, and neo-neuroconstructivism. In Section 2, I assess Marcus’s attempt to reconcile nativism with developmental flexibility. In Section 3, I argue that in structurally reconfiguring nativism, Marcus ends up transforming it into an unrecognizable form, and I claim that his view could be accommodated within the more general framework provided by standard neuroconstructivism. In Section 4, I focus on recent empirical findings in (...) neuropsychology and cultural/social neuroscience, and propose a friendly revision to standard neuroconstructivism, thus developing the neo-neuroconstructivist view. I conclude the article in Section 5 by analysing the implications of the results discussed in Section 4 for both neo-nativism and standard neuroconstructivism. 1 Introduction2 Marcus’s Neo-nativism3 Is Marcus’s Neo-nativism Really a Form of Nativism?4 Neo-neuroconstructivism and Dynamic Enskillment5 Conclusion. (shrink)

Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system condones procedures (...) which result in the conviction of some innocent people. While the importance of guarding against wrongful convictions has been overstated, the imperative to bring to trial all accused has been even more exaggerated. The legal system has displayed a capacity to deal with cases where the guilty walk free. The institutional integrity of the criminal justice system would be significantly compromised by convictions that are tarnished by pre-judgment. Confidence in the criminal justice system is more important than individual criminal accountability. The inability to receive an impartial hearing should result in a permanent stay. The only exception is where the alleged crime has the capacity to cause widespread fear or social unrest. This only applies in relation to serious acts of terrorism. This article focuses on recent legal fair trial developments in Australia, however, the analysis, reasoning and conclusion applies in relation to all jurisdictions where juries determine guilt and innocence. (shrink)

En el trabajo se expondrá la teoría de la oración predicativa simple en Aristóteles conforme a su tratado De Interpretatione. Se prestará especial atención a las tesis planteadas por el autor en dicha obra y que presentan algún conflicto con tesis planteadas por autores contemporáneos tales como Frege, Husserl, Heidegger, Tugendhat, Austin y Searle.

The Oxford Handbook of the Study of Religions is a comprehensive and authoritative survey of the academic study of religions. Written by leading experts in the field, the volume offers an interdisciplinary survey of religious studies. Presented in seven parts, the Handbook examines conceptual issues of religion, theoretical approaches, modes, environments, topics, and an overview of the history of the discipline. Each chapter references at least two different religions, often providing fresh and innovative perspectives on key issues.

Legal reasoning on the requirements and application of law has been studied for centuries, but in this subject area the legal profession maintains predominantly the same stance it did in the time of the Ancient Greeks. There is a gap between the standards of proof, one which has been always demonstrated by percentages and in terms of the evaluation of these standards by percentages by mathematical or statistical methods. One method to fill the gap is Bayes theorem that describes an (...) event’s probability based on conditions that might be related to an event. Bayes theorem can help to establish or confirm a relation between facts and rules if there is sufficient other evidence that connect a party in a procedure with a considered legal action. (shrink)

Behind the pendulum-like regulatory swings between interventionism and laissezpasser that are nothing but the results of changing contexts are the legal principles as their denominators and connectors. Legal principles guide explanations and give paths that a decision maker must not circumvent. In the enhanced dynamic environment that is based more on risk and prediction than solely ex post adaptation they cannot cope with the more numerous information and communication channels. Principles can be more fully embraced with the help of more (...) systematically-elaborated reality. Without clear steps needed for the formation of principles talks about the regulatory impact assessment, risk management, evidence-based approach and other regulatory notions are only a stuff for filling the paper lines than the real tools for the management of reality. (shrink)

The principle of proportionality is seen as the highest peak of structural, logical thinking that enables balancing between constitutional principles and their interferences. So far, Alexy's weight formula has been the most advanced approach in structured balancing of proportionality stricto sensu, while this paper shows it as still too subjective. Despite judicial tests—or different, manifestly inappropriate reasonableness tests—proportionality stricto sensu hides some form of the jumping-to-conclusions bias, because the inference is made through a subjective lens. The paper presents structured legal (...) balancing (and hence reasoning) based on Bayes’ theorem. This paper, based on the connection between probability and hypothetical legal norms, transfers the four-part structure of proportionality into the relevant four-part structure of the Bayes tree. This transfer shows the first as flawed due to its failing to consider means that can have the same effects as the considered ones. Only by inclusion of the latter can the total probability of a considered case be established. Numerical proportionality à la Bayes can be further improved through the use of public-value weights that are obtained from surveys or online communities of people giving weights in the real time (collective wisdom). The Bayesian approach can also be used in adjudication as a control in assessing judicial standards in use. (shrink)

The aim of this paper is to better qualify the problem of online trust. The problem of online trust is that of evaluating whether online environments have the proper design to enable trust. This paper tries to better qualify this problem by showing that there is no unique answer, but only conditional considerations that depend on the conception of trust assumed and the features that are included in the environments themselves. In fact, the major issue concerning traditional debates surrounding online (...) trust is that those debates focus on specific definitions of trust and specific online environments. Ordinarily, a definition of trust is assumed and then environmental conditions necessary for trust are evaluated with respect to such specific definition. However, this _modus operandi_ fails to appreciate that trust is a rich concept, with a multitude of meanings and that there is still no strict consensus on which meaning shall be taken as the proper one. Moreover, the fact that online environments are constantly evolving and that new design features might be implemented in them is completely ignored. In this paper, the richness of the philosophical discussions about trust is brought into the analysis of online trust. I first provide a set of conditions that depend on the definition of trust that can be assumed and then discuss those conditions with respect to the design of online environments in order to determine whether they can enable (and under which circumstances) trust. (shrink)

The immediate history of relations between man and nature is marked by mutual conflict. Until recently, nature had supremacy over man through the force of its natural power. During this period, the encounter with nature for man was a conflict with wholly implacable forces. Advances in science and technology have in some cases tamed the forces of nature, and now man can carry out planned and systematic violence against it. In so doing, he came to a privileged, but also sinful (...) relationship with nature. The end result proved devastating for both nature and for man. Man's quality of life has increased, but at an unacceptable cost for the environment, especially considering that both man and nature will be in dire straits in the not-so-distant future. It is urgent that man, as a reasonable officer of nature, finds ways to reconcile his relationship with nature. (shrink)