Gilbert's kisceral argumentation is, roughly speaking, about arguing based on intuitions. In the forefront of such a (rhetorical) model are arguers and audiences, who resolve disagreements using kisceral arguments. Intuitions as reasons were more important in pre-modern law, when the law was not as explicit, precise, and determinate as today. Law influenced by religion or religious law was a typical example. In our much more secular modern era, intuitions are more or less subordinated to the (legal) logical mode of arguing. (...) However, in tough legal cases, when logic "runs out," it is values that decide them. Not surprisingly, neuroscience and cognitive psychology have shown a strong connection between values and intuition. (shrink)

A classic debate in the history of philosophy is that between rationalists and empiricists concerning the “true” source of human knowledge. In legal philosophy this debate has been reflected in the classic opposition between natural law and legal positivist perspectives. Even the currently predominant inclusivist perspectives on the nature of law, such as inclusive legal positivism and inclusive legal non-positivism, are not immune to such a dichotomy. In this paper I attempt to present an understanding of specific cognitive characteristics of (...) prevailing legal theories from the perspective of the theory of psychological types as developed by Carl G. Jung. (shrink)

Gilbert's kisceral argumentation is, roughly speaking, about arguing based on intuitions. In the forefront of such a (rhetorical) model are arguers and audiences, who resolve disagreements using kisceral arguments. Intuitions as reasons were more important in pre-modern law, when the law was not as explicit, precise, and determinate as today. Law influenced by religion or religious law was a typical example. In our much more secular modern era, intuitions are more or less subordinated to the (legal) logical mode of arguing. (...) However, in tough legal cases, when logic "runs out," it is values that decide them. Not surprisingly, neuroscience and cognitive psychology have shown a strong connection between values and intuition. (shrink)

Gilbert's kisceral argumentation is, roughly speaking, about arguing based on intuitions. In the forefront of such a (rhetorical) model are arguers and audiences, who resolve disagreements using kisceral arguments. Intuitions as reasons were more important in pre-modern law, when the law was not as explicit, precise, and determinate as today. Law influenced by religion or religious law was a typical example. In our much more secular modern era, intuitions are more or less subordinated to the (legal) logical mode of arguing. (...) However, in tough legal cases, when logic "runs out," it is values that decide them. Not surprisingly, neuroscience and cognitive psychology have shown a strong connection between values and intuition. (shrink)

This paper discusses how an understanding of Jung's psychological types is important for the relevance of Gilbert's multi-modal argumentation theory. Moreover, it highlights how the types have been confirmed by contemporary neuroscience and cognitive psychology. Based on Gilbert's approach, I extend multi-modal argumentation to the area of legal argumentation. It seems that when we leave behind the traditional fortress of “logical” legal argumentation, we "discover" alternate modes that have always been present, concealed in the theoretically underestimated rhetorical skills of arguers.

This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jung's psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book (...) describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did. (shrink)

BackgroundThere has been no in-depth research of public attitudes on withholding or withdrawing life-prolonging treatment, euthanasia, assisted suicide and physician assisted suicide in Croatia. The aim of this study was to examine these attitudes and their correlation with sociodemographic characteristics, religion, political orientation, tolerance of personal choice, trust in physicians, health status, experiences with death and caring for the seriously ill, and attitudes towards death and dying. MethodsA cross-sectional study was conducted on a three-stage random sample of adult citizens of (...) the Republic of Croatia, stratified by regions, counties, and locations within those counties. In addition to descriptive statistics, ANOVA and Chi-square tests were used to determine differences, and factor analysis, correlation analysis and multiple regression analysis for data analysis.Results38.1% of the respondents agree with granting the wishes of dying people experiencing extreme and unbearable suffering, and withholding life-prolonging treatment, and 37.8% agree with respecting the wishes of such people, and withdrawing life-prolonging treatment. 77% of respondents think that withholding and withdrawing procedures should be regulated by law because of the fear of abuse. Opinions about the practice and regulation of euthanasia are divided. Those who are younger and middle-aged, with higher levels of education, living in big cities, and who have a more liberal worldview are more open to euthanasia. Assisted suicide is not considered to be an acceptable practice, with only 18.6% of respondents agreeing with it. However, 40.1% think that physician assisted suicide should be legalised. 51.6% would support the dying person’s autonomous decisions regarding end-of-life procedures.ConclusionsThe study found low levels of acceptance of withholding or withdrawing life-prolonging treatment, euthanasia, assisted suicide and physician assisted suicide in Croatia. In addition, it found evidence that age, level of education, political orientation, and place of residence have an impact on people’s views on euthanasia. There is a need for further research into attitudes on different end-of-life practices in Croatia. (shrink)

This book breaks new ground in the study of Judaism, in philosophy, and in comparative ethics. It demonstrates that the assumption that Judaism has no natural law theory to speak of, held by the vast majority of scholars, is simply wrong. The book shows how natural law theory, using a variety of different terms for itself throughout the ages, has been a constant element in Jewish thought. The book sorts out the varieties of Jewish natural law theory, illuminating their strengths (...) and weaknesses. It also presents a case for utilising natural law theory in order to deal with current theological and philosophical questions in Judaism's ongoing reflection on its own meaning and its meaning for the wider world. David Novak combines great erudition in the Jewish tradition, the history of philosophy and law, and the imagination to argue for Judaism in the context of current debates, both theoretical and practical. (shrink)

The subject of this book is how to build institutions of liberty in this hemisphere of the Americas.

Attempts to explain behavior genetically face two major problems: the application of the concept of genetic coding and the theoretical possibility of decomposing behavior. This paper argues that using the notion of genetic coding is appropriate in explanations of protein synthesis but inadequate and even misleading in the context of explanations of behavior. Genes should be regarded as disparate components of mechanisms that account for behavior rather than as codes for behavioral phenotypes. Such mechanistic explanations, however, presuppose the possibility of (...) decomposing behavioral phenotypes, which is strongly disputed by researchers holding an interactionist view of behavior. It is argued that these researchers fail to distinguish etiological from constitutive decomposition, and that their objections apply to the former but not to the latter kind. Constitutive decomposition might identify genes as disparate components and open up the possibility of explaining behavior mechanistically by isolating causal paths from genes to behavior. Finally, research on the single gene disorder phenylketonuria is introduced to illustrate and test these views. With respect to this disorder it is demonstrated that applying the concept of genetic coding would be inappropriate and misguiding, while nonetheless the phenotype is decomposable and can be explained mechanistically by singling out a genetic causal path.t is demonstrated that applying the concept of genetic coding would be inappropriate and misguiding, while nonetheless the phenotype is decomposable and can be explained mechanistically by singling out a genetic causal path. (shrink)

Ever since Bishop Stillingfleet accused John Locke of having unwittingly paved the way with his Essay for the alleged heresy promulgated in John Toland's Christianity Not Mysterious, the latter two thinkers and works have been consistently joined in histories of philosophy covering the rise of natural religion in England. While scholars have generally thought that Locke got the better of the good bishop in their subsequent written exchanges initiated by the charge, they appear merely to assume that Stillingfleet correctly read (...) Toland and that Locke accepts that reading. Perhaps the most obvious piece of evidence favoring that stance is that while Locke clearly admits "above reason" doctrines, Toland dismisses them: Christianity is not mysterious! It is curious, however, that Toland scholars readily point out many concepts that Toland used as being the same as or different from Lockean notions about which many Locke scholars are admittedly perplexed. Through patient exposition of relevant texts and letters, deconstruction of scholarly works, and careful reasoning, this book shows that Toland's deviations from Locke regarding reason and faith are far more minor than anyone has concluded. Stillingfleet was correct to connect them, but was incorrect in the way that he did it. (shrink)

Throughout history the image of the non-Jew in Judaism has profoundly influenced the way in which Jews interact with non-Jews. It has also shaped the understanding that Jews have of their own identity, as it determines just what distinguishes them from the non-Jews around them. A crucial element in this is the concept of Noahide law, understood by the ancient rabbis and subsequent Jewish thinkers as incumbent upon all humankind, unlike the full 613 divine commandments of the Torah, which are (...) incumbent on Jews alone. The approach adopted in this now classic study is to consider the history of the idea of Noahide law, and to show how the concept is relevant to practical discussions of the halakhah pertaining to non-Jews and to relations between Jews and non-Jews. The seven chapters that make up the first part of the study examine each of the Noahide laws in turn, with a view to showing their halakhic development in the rabbinic sources, in the codes, and in the responsa literature. The discussion draws primarily on classical texts by traditional commentators as they attempt to deal with living issues from the rabbinic world as equally vital concerns in their own time. The second part deals with the theory of Noahide law, concluding with a consideration of why it is an appropriate starting point for Jewish philosophy today. (shrink)

In this study, we examine the influence of senior leadership on firms’ corporate social responsibility. We integrate upper echelons research that has investigated either the influence of the CEO or the top management team on CSR. We contend that functional experience complementarity between CEOs and TMTs in formulating and implementing CSR strategy may underlie differentiated strategies in CSR. We find that when CEOs who have predominant experience in output functions are complemented by TMTs with a lower proportion of members who (...) have experience in output functions, there is a pronounced effect on the community, product, and diversity dimensions of CSR. In turn, when output-oriented CEOs are complemented by output-oriented TMTs, we observe an effect on the employee relations dimension of CSR. Interestingly, we find no influence of CEO-TMT complementarity on the environment dimension of CSR. In general, our empirical results support the relevance of the interaction between CEOs and their TMTs in defining their firms’ CSR profile. (shrink)

The article discusses some aspects of the narrative explanation, and its nature and role in explaining the historical entities. The author defends possibility of formulating status of narrative explanation as scientific and adequate for all historical sciences, here defined as sciences concerned with the spatio-temporally restricted entities. lie suggests that uniqueness and particularity of historical objects are not in contradiction with the claims based on the classical model of explanation in the way of logical inferring. Results of discussion are that (...) undeveloped explanations, like explanation sketches, could be adopt, not just in accordance with pragmatic reasons, but also as the step toward full-fledged or complete explanation trough mediation of developing the scientific research programs on which they are based. (shrink)

Many studies written about the Jewish-Christian relationship are primarily historical overviews that focus on the Jewish background of Christianity, the separation of Christianity from Judiasm, or the medieval disputations between the two faiths. This book is one of the first studies to examine the relationship from a philosophical and theological viewpoint. Carefully drawing on Jewish classical sources, Novak argues that there is actual justification for the new relationship between Judaism and Christianity from within Jewish religious tradition. He demonstrates that (...) this new relationship is possible between religiously committed Jews and Christians without the two major impediments to dialogue: triumphalism and relativism. One of the very few books on this topic written by a Jewish theologian who speaks specifically to modern Christian concerns, it will provide the groundwork for a more serious development of Jewish-Christian dialogue in our day. (shrink)

Ernst Lubitsch, the great author of Hollywood comedy and pioneer of such genres as the sophisticated romantic comedy, the musical, and the screwball comedy, is a relatively overlooked figure in mainstream film theory. In this collection, renowned world thinkers and philosophers position Lubitsch as the premium director of subversive cinema, reflecting on his attitude toward love and politics which correspond to contemporary issues.Followers of the Hegelian, Marxist, Freudian, Lacanian, and Deleuzian traditions discuss thephilosophical, political, and ethical dimensions of Lubitsch's late (...) Hollywood work. They focus on love as stealing, the ethics of style, and comedy in times of austerity in the director's masterpiece, _Trouble in Paradise_ (1932); answer the question of why comedy is always polygamous; discuss links between masochism, melancholia, and ideology in _Ninotchka_(1939); celebrate the ethical gesture of comedy in _To Be or Not to Be_ (1942); and promote the revolutionary comic spirit of Lubitsch's last directorial effort, _Cluny Brown_ (1946). These essays' witty, subversive, and provocative approaches highlight Lubitsch's unique understanding of love, sex, comedy, and politics and idiosyncratic conception of totalitarian"nightmares" and capitalistic "paradise," countering the non-dialectic and politically correct discourse of mainstream and independent cinema today. (shrink)

La controverse et le débat sur la phénoménologie transcendantale de Husserl et l’ontologie fondamentale de Heidegger sont devenus un thème central des révisions philosophiques, en grande partie et d’abord grâce aux efforts de philosophes tels que Ludwig Landgrebe, Eugen Fink et Roman Ingarden. Jan Patočka, lui aussi, a apporté une contribution importante au débat, qui n’est malheureusement pas toujours reconnue. Il présente une analyse fondamentale de la phénoménologie asubjective selon laquelle les philosophies de Husserl et de Heidegger n’ont pas entièrement (...) réussi à surmonter le cartésianisme et selon laquelle ces dernières n’ont pas donné les mêmes réponses à la question du fondement dernier de l’apparition de l’apparaissant. L’auteur de cet essai examine leurs contradictions de manière assez détaillée. Plus précisément, il vise à démontrer l’importance des critiques de Patočka pour comprendre sa doctrine non cartésienne de la phénoménologie asubjective, qui s’est en fait formée en opposition aux apparentes insuffisances tant de Husserl que de Heidegger. Le lecteur peut maintenant voir en détail comment Patočka lui-même cherche à y remédier dans sa pensée ultérieure et comment on peut échapper au péril du subjectivisme. Avec ces considérations en arrière-plan, cet exposé présente la phénoménologie asubjective comme une méthodologie philosophique viable et pertinente. (shrink)

Both G.F.W. Hegel and Carl Schmitt took seriously the problem of political sovereignty entailed by liberal political theories. In Dictatorship (1919) and Political Theology (1922), Schmitt rejects liberal political theories that argue for the immediate unity of democracy and legality i.e., popular sovereignty, because he thinks they cannot secure political sovereignty. In the Philosophy of Right, Hegel denounces popular sovereignty for similar reasons. Yet given Schmitt’s negative assessment of Hegel their positions are seldom related to one another. I argue in (...) this paper that Schmitt’s analysis of liberal political theories is similar to Hegel’s analysis of Rousseau’s liberal ideas. I contend, however, that Schmitt’s solution, which collapses the distinction between the executive and the legislative power in favor of the former, fails to secure political sovereignty. Contrary to Schmitt, Hegel conceives of the liberal predicament as a basic determination of any political state that rests on the division of the legislative and executive power. Hegel argues that the constitutional monarchy is a genuine instantiation of political sovereignty that can maintain not only the division of these powers, but also their unity. In this regard, I argue that Hegel’s conception of the division of powers provides a more convincing theory of the problem afflicting modern states than Schmitt’s and at least deserves to be taken more seriously by critics of Schmitt’s solution such as Hannah Arendt, Leo Strauss, Jurgen Habermas, Andreas Kalyvas and Chantal Mouffe. (shrink)

Jedno od najznačajnijih pitanja u filozofiji morala jest predstavljaju li moralni zahtjevi ujedno i razloge za djelovanje prema kojima se trebaju ravnati sve racionalne osobe. Prema jednoj koncepciji, moralni apsolutizam tvrdi da sve racionalne osobe imaju dovoljan razlog da poštuju moralne zahtjeve. Prema tom shvaćanju, moralni relativizam je tvrdnja da neće svi racionalni djelatnici imati dovoljan razlog da poštuju iste moralne zahtjeve. manje je istraženo pitanje što se događa ako pokušamo povezati filozofski naturalizam s pitanjem daju li moralni zahtjevi razloge (...) za djelovanje svim racionalnim djelatnicima. u ovom radu bavimo se potonjim pitanjem. neki autori smatraju da prihvaćanje filozofskog naturalizma nije važno za ovo pi- tanje. Drugi autori smatraju da filozofski naturalizam implicira relativizam u pogledu praktičnih razloga koji nije spojiv s moralnim apsolutizmom. u radu argumentiramo za to da su oba gledišta donekle ispravna. tvrdimo da ako se naturalizam shvati kao ontološka tvrdnja onda se možemo složiti s time da naturalizam ne igra ulogu u razrješenju debate između relativista i apsolutista. međutim, ako se naturalizam shvati kao metodološko gledište, onda smatramo da naturalizam podržava relativizam u pogledu praktičnih razloga, tj. ideju da moralni zahtjevi ne pružaju razloge za djelovanje svim racionalnim djelatnicima. (shrink)

The notion of harm is frequently used in the discussion of the nature of mental disorder. Harm also plays important roles in the prominent diagnostic manuals such as DSM and ICD. Recently, however, Cristina Amoretti and Elisabetta Lalumera have questioned the idea that harm should be a necessary constituent of mental disorders. They argue that the notion of harm is underspecified and potentially leads to false negatives in diagnosing mental disorders. Given that harm plays significant roles in medical diagnosis and (...) treatment indicates that we should be reluctant to remove it as a criterion for deciding whether some condition is a mental disorder. Instead, we argue that harm should be understood in the prudential sense and harm in this sense provides a way of responding to worries raised by Amoretti and Lalumera, while staying true to the conception of harm that is relevant for psychiatric practice. (shrink)

We provide a novel Bayesian justification of inference to the best explanation. More specifically, we present conditions under which explanatory considerations can provide a significant confirmatory boost for hypotheses that provide the best explanation of the relevant evidence. Furthermore, we show that the proposed Bayesian model of IBE is able to deal naturally with the best known criticisms of IBE such as van Fraassen?s?bad lot? argument.

Risk decisions often appear unsatisfactory after a calamity has taken place. This holds even when they are products of systematic risk analysis. Yet, if relevant considerations available to be known pre-accident were adequately taken into account and safety measures implemented accordingly, nobody seems morally blameworthy. In this paper, I advance a two-way argument. Firstly, I show how analysis of post-accident apologizing sheds new light on vexed tensions in ethical assessment of risk impositions. This amounts to exposing conflicting moral intuitions in (...) risk decisions, discussing problematic tenets in risk analysis as well as outlining three lines of arguments that destabilize the very notion of correct risk analysis. The analysis indicates that bringing different discussions of moral blameworthiness together facilitates resolving the tensions. It also calls for further and early-on collaboration between risk theorists and ethicists in order to carry these insights to risk analysis. Secondly, I argue that analysis of risk decisions, in part, reveals a discrepancy between the definitional work done on apology and what is required by ethics. Virtually every suggestion for the gold standard for apology involves moral blameworthiness as a necessary condition. I highlight different kinds of cases in which nobody is culpable, but an apology can be morally fitting or required. It would be nonsensical to say that, in these cases, one ought to apologize, but in a disingenuous manner. (shrink)

Political extremism remains relatively insufficiently explored due to the fact that the phenomenon is controversial and hard to define. Its ambiguity and variability depending on time and spatial point of view further complicates its definition. Its structure is amorphous and eclectic as it often includes elements from different ideologies and connects incompatible ideas. A multidimensional conceptualization and an interdisciplinary approach - sociological, social, psychological and historical, are the Author’s tools in explaining the phenomenon of political extremism in Serbia, hopefully contributing (...) to its clarification and laying a foundation for its further explanatory theoretical studies. (shrink)

Abstract.Evolutionary psychology and behavioural genomics are both approaches to explain human behaviour from a genetic point of view. Nonetheless, thus far the development of these disciplines is anything but interdependent. This paper examines the question whether evolutionary psychology can contribute to behavioural genomics. Firstly, a possible inconsistency between the two approaches is reviewed, viz. that evolutionary psychology focuses on the universal human nature and disregards the genetic variation studied by behavioural genomics. Secondly, we will discuss the structure of biological explanations. (...) Some philosophers rightly acknowledge that explanations do not involve laws which are exceptionless and universal. Instead, generalisations that are invariant suffice for successful explanation as long as two other stipulations are recognised: the domain within which the generalisation has no exceptions as well as the distribution of the mechanism described by the generalisation should both be specified. It is argued that evolutionary psychology can contribute to behavioural genomic explanations by accounting for these two specifications. (shrink)

Motivated by the analogy which holds within the context of discovery between mathematics and physics, we aim to show that there is a connection between two fields within the context of justification too. Based on the careful analysis of examples from science (especially within the domain of physics) we suggest that the logic of scientific research, which might appear as enumerative induction, is deduction, and we propose it to be universal generalization inference rule. Our main argument closely follows the analysis (...) of the structure of physical theory proposed by theoretical physicist Eugene P. Wigner. (shrink)

With the passing of disputations between Jewish and Christian thinkers as to whose tradition has a more universal ethics, the task of Jewish and Christian ethicists is to constitute a universal horizon for their respective bodies of ethics, both of which are essentially particularistic being rooted in special revelation. This parallel project must avoid relativism that is essentially anti-ethical, and triumphalism that proposes an imperialist ethos. A retrieval of the idea of natural law in each respective tradition enables the constitution (...) of some intelligent common ground for ethical cooperation in both theory and practice between the traditions. This essay also suggests how the constitution of this common ground could include Muslims as well. The constitution of this common ground enables religious ethicists to present more cogent ethical arguments in secular space, but only of course, when those who now control secular space are open to arguments from members of any religious tradition. (shrink)

: An analysis of traditional Jewish texts yields neither the capitalist notion of medicine nor the socialist one. Neither alternative is sufficient to ground the respect for the sanctity of the human person as a being created in the image of God that is so rationally appealing. That is why the Jewish ethical tradition, which is based on this respect for the sanctity of human personhood, both individual and collective, is so attractive—if only for its insights, rather than its authority; (...) its guidance, rather than its governance. (shrink)

In response to Albrecht et al.’s (J Agric Environ Ethics 26(4):827–845, 2013) discussion on the ethics of assisted migration, we emphasize the issues of risk and scientific uncertainty as an inextricable part of a comprehensive ethical evaluation. Insisting on a separation of risk and ethical considerations, although arguably common in many policy contexts, is at best misguided and at worst damaging.

The SynBioSecurity argument says that synthetic biology introduces new risks of intentional misuse of synthetic pathogens and that, therefore, there is a need for extra regulations and oversight. This paper provides an analysis of the argument, sets forth a new version of it, and identifies three developments that raise biosecurity risks compared to the situation earlier. The developments include a spread of the required know-how, improved availability of the techniques, instruments and biological parts, and new technical possibilities such as “resurrecting” (...) disappeared pathogens. It is first shown that the general argument from SynBioSecurity needs to be qualified and that many improvements to biosecurity have already been implemented, most notably in the United States. Second, I suggest a new strain of the argument: the situation that most branches of synthetic biology fall under the gene technology regulation in the European Union and that this regulation in its current form does not adequately address SynBioSecurity risks together provide a weighty reason to review and possibly refine the legislation as well as the supervisory practices. Ethically speaking, the rise in the relative risk of bioterrorism brings to the fore new extrinsic issues. (shrink)

: One of the outcomes from low self-confidence of basketball is aggressive behavior. Helpless feeling caused by low self-confidence could turn an athlete using aggressive behavior as alternate behavior in the interaction with the opponent during a game. The level of the aggression can be seen in the injury rate in that particular sport. This research objective is to find out the relation between self-confidence and the appearance of the aggressive behavior in basketball player. It involves 64 athletes in West (...) Jakarta between 17 to 28 years old. Data that was measured by questionnaires has shown there is a negative association between self-confidence and aggressive behavior in basketball athlete.  . (shrink)