This paper explores two persistent questions in the literature on presumptions: the place and the nature of presumptions in law and legal argumentation. These questions were originally raised by James Bradley Thayer, one of the masters of the Law of Evidence and the author of the classic chapter devoted this subject in A preliminary treatise on Evidence. Like Thayer, I believe that these questions deserve attention. First the paper shows that the connection between presumptions and argumentation is a constant feature (...) in the literature on presumptions, since its foundation in the Middle Ages to modern times. James Bradley Thayer was probably the last jurist who clearly saw that presumptions belong to argumentation. Second, the paper examines two sources of controversy in the language of presumptions. First, “presumption” is an ambiguous word in the legal discourse. As a result, it is almost impossible to provide a clear and succinct answer to the question “What is a presumption?”. Second, there are at least four reconstructions of the concept of presumption whose merits and shortcomings are relevant to explore. The analysis presented here may be of interest for legal and non-legal scholars and, hopefully, it may help to shed light on the possibilities and limits of an interdisciplinary dialogue about presumptions. (shrink)

Humility is increasingly recognized as an essential attribute for individuals at top management levels to build successful organizations. However, research on CEO humility has focused on how humble chief executive officers (CEOs) shape collective perceptions through their interactions and behaviors with other organizational members while overlooking CEOs’ critical role in making strategic decisions. We address this unexplored aspect of CEO humility by proposing that humble CEOs influence decision-making decentralization at the top management team (TMT) and subsequently promote an organizational ethical (...) culture. Using a sample of CEOs and TMT members from 120 small- and medium-sized enterprises, we find strong support for our hypotheses. We discuss important implications for research on CEO humility and strategic leadership. (shrink)

In this chapter we use methods of corpus linguistics to investigate the ways in which mathematicians describe their work as explanatory in their research papers. We analyse use of the words explain/explanation (and various related words and expressions) in a large corpus of texts containing research papers in mathematics and in physical sciences, comparing this with their use in corpora of general, day-to-day English. We find that although mathematicians do use this family of words, such use is considerably less prevalent (...) in mathematics papers than in physics papers or in general English. Furthermore, we find that the proportion with which mathematicians use expressions related to ‘explaining why’ and ‘explaining how’ is significantly different to the equivalent proportion in physics and in general English. We discuss possible accounts for these differences. (shrink)

Objective: To evaluate moral development as an indicator of the capacity to consent among two groups of patients from the Hospital de Clínicas in Porto Alegre, RS, Brazil.Method: Fifty-nine adolescents and 60 patients over 60 years of age participated in a cross-sectional study to assess moral development using Loevinger’s model of ego stages.Results: Age and moral development showed no association, with most participants in the two groups being in the conscientious phase.Conclusions: Age is probably not an adequate variable to measure (...) decision-making capacity, because questions of medical consent relate to participants’ own personal health. Decision-making capacity should be viewed as a continuous function. While the age of the person whose consent is needed should be considered, age alone, from a moral perspective, is not the main determinant of this capacity. (shrink)

El artículo indaga acerca de la poética del movimiento mexicano “Infrarrealista”, así como sus principales influencias estéticas y literarias, tanto nacionales como internacionales. Para ello se analiza la novela de Roberto Bolaño: Los detectives salvajes, como una reescritura autocrítica que realiza el autor a su propio proyecto poético varios años después de que este fracasara en su intento por aliar arte y vida. This article investigates the poetry of the Mexican movement “Infrarealism”, as well as its main aesthetics and literary (...) influences, both national and international. In order to do so, Roberto Bolaño's novel, The savage detectives, is analyzed as an selfcritical rewriting realized by the author to his own poetic project, several years after its failure in his attempt to fuse art and life. (shrink)

Using matrix iterations of ccc posets, we prove the consistency with ZFC of some cases where the cardinals on the right hand side of Cichon’s diagram take two or three arbitrary values (two regular values, the third one with uncountable cofinality). Also, mixing this with the techniques in J Symb Log 56(3):795–810, 1991, we can prove that it is consistent with ZFC to assign, at the same time, several arbitrary regular values on the left hand side of Cichon’s diagram.

Some authors have argued that consideration of alternative claims, theories, or worldviews is necessary for a proper or sound critical assessment of a claim or set of claims. However, an understanding of interpretation and beliefs as inherently holistic suggests that interpretation already involves the recogllition of alternatives, and that therefore assessment also necessarily involves their comparison. Starting from this idea, it will be argued that presuppositions can be regarded as limits to the range of alternatives that are considered by the (...) author of the claims, as seen by an interpreter making the assessment. However, a result of this consists in the fact that these assumptions can only be found in the conversational interaction between the author’s and the interpreter’s broader belief systems. Some implications for a conversational form of criticality will also be derived from here. (shrink)

Muslim women's rights have been a topic of discussion and debate over the past few decades, and with a good reason. Islamic Law is considered by many as patriarchal and particularly oppressive to women, and yet there are also others-Muslim women-who have rigorously defended their religion by claiming that Islam is the guarantor par excellence of women's rights. A big question begs to be answered: is Islam particularly oppressive to women?The Qur'an has addressed women's issues fourteen hundred years ago by (...) creating certain reforms to improve the status of women; however, these reforms do not seem to be practiced in Muslim societies today.1 How is this so? I contend that Islam, as revealed to Muhammad, is not oppressive to women; rather, its interpretation, in so far as it is enacted in the family laws and everyday living, is patriarchal and hence needs to be examined.2 The goal of this work is to discuss what the Qur'an says about certain problems which gravely affect Muslim women, specifically: 1. gender equality 2. polygamy 3. divorce and the concept of nushuz. (shrink)

An initial study of Robin George Collingwood's The Principles of Art and Benedetto Croce's Aesthetic: A Science ofExpression and General Linguistic gives an immediate impression that Collingwood appropriated and incorporated many elements in Croce's work to his own position. This is probably the main reason why Collingwood, in his correspondence with Croce, sincerely expressed his gratitude to the Italian Philosopher for laying the foundation of his art-theory. Collingwood's acknowledgement of Croce's influence and the apparentsimilarity in their theories on art disposes (...) us to wonder if Collingwood mayhave only extended, hence, reiterated the principles of Croce's position. Given this impression, the present article hopes to provide a study between Collingwood's and Croce's theories of art in the hope that we can tease out a crucial difference between their standpoints. If we can demonstrate a significant difference, then we may have provided ourselves with the cudgels to assert that Collingwood's theory of art is also unique. (shrink)

This article synthesizes the results of several interviews with argumentation scholars from across the American continents to address three questions regarding the connections in argumentation studies between North and South/Central America: “What motivated the study of argumentation in the Americas?” “What commonalities, if any, exist in argumentation studies across the Americas?” and “What should the future of argumentation studies in the Americas look like?” Using these interviews in combination with existing textual sources, the article also provides motivated suggestions for directions (...) for the future of the community in the field. (shrink)

El objetivo del estudio se orientó a analizar el desarrollo socioemocional de niños(as) con habilidades diferentes que participaron en actividades de equinoterapia en la ciudad de Lima. La muestra del estudio, realizado con diseño fenomenológico, estuvo constituida por los padres o madres de familia que participaron en la implementación de actividades de equinoterapia y ofrecieron información de sus hijos(as) con autismo, síndrome de Down o trastorno por déficit de atención con y sin hiperactividad. El recojo de datos se utilizó un (...) cuestionario de preguntas abiertas que se enfocaron en las áreas social y emocional del desarrollo de niños(as), el cual fue administrado a 25 informantes, número que se alcanzó por saturación. Se encontró como resultado que los(as) niños(as) que participan en actividades de equinoterapia con enfoque holístico se ve favorecido su desarrollo socioemocional, referente a la relación de apego y control de emociones en el área emocional, y las relaciones. (shrink)

We look at two fundamental logical processes, often intertwined in planning and problem solving: inference and update. Inference is an internal process with which we uncover what is implicit in the information we already have. Update, on the other hand, is produced by external communication, usually in the form of announcements and in general in the form of observations, giving us information that might not have been available (even implicitly) before. Both processes have received attention from the logic community, usually (...) separately. In this work, we develop a logical language that allows us to describe them together. We present syntax, semantics and a complete axiom system; we discuss similarities and differences with other approaches and mention how the work can be extended. (shrink)

John L. Austin estableció desde su teoría de los actos de habla, que la persuasión es un acto perlocucionario, es decir, uno de los efectos producido por un hablante sobre otro mediante un discurso. Aristóteles ya había definido la retórica como la facultad de considerar en cada caso lo que cabe para persuadir. Aquí nos proponemos mostrar que para Aristóteles la persuasión se produce, ciertamente, por el discurso, pero que las pasiones también son necesarias para producirla. Si esto es así, (...) ellas deben poder expresarse mediante el lenguaje discursivo. Con el fin de demostrar lo anterior, vamos a proceder de la siguiente manera: Primero se señala la conexión que se establece entre persuasión y opinión, y de ésta con la palabra. Segundo, dado lo anterior, se precisa que además de que el hombre se comunica -algo que también hacen los animales-, también se expresa mediante el lenguaje discursivo. Finalmente, haremos la siguiente consideración: si mediante las pasiones se producen cambios en el cuerpo, y ellas mismas son sentidas por el alma, entonces, sobre ellas el hombre también podría construir enunciados. (shrink)

Tocqueville, como todos los grandes clásicos, es inagotable. A man for all seasons, como lo prueba su reciente éxito en China y Japón, dos países y dos sistemas políticos tan alejados de la historia europea y del modelo democrático que él describió que le hubiera parecido sorprendente que le utilizaran como referencia. Ser un clásico inagotable con solo dos obras de obligada lectura es un logro del que pocos pueden vanagloriarse. Quizá Hobbes, quizá John Locke, dos de los autores que (...) menciona Lucien Jaume en el primer artículo de este monográfico que presentamos en la revista Araucaria. (shrink)

The notion of rationality is crucial to Computer Science and Artificial Intelligence, Economics, Law, Philosophy, Psychology, Anthropology, etc. Most if not all of these disciplines presuppose the agent's capacity to infer in a logical manner. Theories about rationality tend toward two extremes: either they presuppose an unattainable logical capacity, or they tend to minimize the role of logic, in light of vast data on fallacious inferential performance. We analyze some presuppositions in the classical view of logic, and suggest empirical and (...) theoretical evidence for the place of inferential heuristics in a theory of rationality. We propose (1) to outline a new theory of rationality that includes the key notion of logical capacity as a necessary but realistic factor, (2) to expand the notion of inference to include non-deductive inference, specifically non-monotonic, and (3) to emphasize the logical role of inferential heuristics and constraints such as cognitive economy. (shrink)

The purpose of the study was to analyze the coherence of the presentation of hypotheses and conclusions in postgraduate thesis on educational quality, which was carried out with a descriptive design. The population consisted of postgraduate theses on educational quality from four Universities of Lima, supported from 2020 to 2022, and the sample was adequate and representative. After the documentary review and analysis, the statistical analysis allowed us to find as a result a weak linear positive correlation of such variables (...) with a significance much lower than 0.01, which means that there is no optimal logical articulation between elements of the these. (shrink)

Este trabalho analisa a influência tributária na definição do modelo constitucional de atribuição dos resultados econômicos da exploração do petróleo offshore, no Brasil. Além da abordagem constitucional do tema, destaca-se a participação dos entes federativos estaduais nas rendas da produção de petróleo, sua federalização e, em decorrência, a redução das rendas dos entes federativos subnacionais, implicando num movimento compensatório pela via da utilização de elementos de natureza tributária, tais como o extinto Imposto Único sobre Minerais e o regime constitucional especial (...) de cobrança na origem do ICMS devido nas operações de combustíveis e derivados de petróleo. (shrink)

This thesis analyzes from a philosophical perspective different models for nonmonotonic inference, belief revision and the handling of inconsistencies. ;The first chapter serves as an introduction to the subject, giving examples and analyzing the main concepts. As a result of these discussions, this thesis tries to: produce a refined map of the main notions related to this subject, maintain that there can be a fault tolerant logic that stands in support of fault tolerant reasoning, and defend the use of deductive (...) databases as models for changes of belief. ;The second chapter explores monotonic proposals to deal with uncertain reasoning. These include logics based on a classical notion of consequence, interpretations of defeasible reasoning as containing implicit premises, and systems in which temporal change is an integral part of the representation of states of affairs, via temporal indices or more elaborate devices. ;The third chapter explores quantitative approaches to nonmonotonic reasoning like dispositional logic, and theories of probabilistic reasoning including Bayesian, certainty factors, and Dempster-Shafer. ;The fourth chapter explores qualitative approaches. Here we mention conditional, default, and nonmonotonic logics, and the circumscription and autoepistemic formalisms. ;The fifth chapter studies different proposals to deal with contradictions. It starts with a review of the types of belief inconsistencies, and then it presents mechanisms to prevent, control or correct them. I explore paraconsistent logics, specially relevance logics, to "bracket" the area of conflict and allow inferences about non-related topics to continue unaffected. Then I examine different methods to get rid of the inconsistencies, including the use of dependency-directed backtracking and of relevance logic. ;Finally, I present my conclusions, and mention some of the open problems. (shrink)

The principle of overlap of classes holds that when two entities interface, the effect is a blurring of boundaries between conceptual territories. In this paper, this question is in order: Is Folk Catholicism an instance of overlap of classes? If Folk Catholicism is not construed as such, these fallacies – using Robin George Collingwood’s perspective in his An Essay on Philosophical Method, may unfold: the fallacy of precarious margins, the fallacy of identified coincidents, and the fallacy of false disjunction. The (...) first fallacy holds that the ‘Folk’ in Folk Catholicism has no contribution to how ‘Catholicism’ unfolds. The second fallacy maintains that the extensions of both ‘Folk’ and ‘Catholicism’ are clearly delineated. The third fallacy underscores that Folk and Catholicism are mutually exclusive terms. When such fallacies are accepted, this paper holds that Folk Catholicism as a construct may be a contradiction of terms on what it means to be Folk and Catholic. This is the illogical consequence given that the truth of what it means to be folk necessitates the falsity of what it means to be Catholic and vice-versa. However, when recognized from the lens of the overlap, Folk Catholicism is construed as a term that evolves and is historically conditioned. (shrink)

Aristotle’s and Plato’s doctrine has been used by Christian thinkers in the defense of and explanation of the faith. The end of the 20th century and the beginnings of this century have been marked by an unprecedented attack on the family as a natural institution, that is, it has an unchanging essence that does not change with time. The family as a natural institution is based on a monogamous relationship of a man and a woman with a clear function to (...) serve the individual members of this institution and the society. Proponents of other family forms rally on the contrary, could the Stagirite corpus doctrinae specifically those he enunciated in his work The Politics and Nicomachean Ethics shed light on contemporary issues and provide satisfactory ammunition for Christians? The paper will develop in three parts: first, an exposition of the Stagirite doctrine; second, an overview of the problems and threats to the traditional family and finally an evaluation of the doctrine. (shrink)

This paper introduces a body of research on Organizational Behavior and Industrial/organizational Psychology that expands the range of empirical evidence relevant to the ongoing character-situation debate. This body of research, mostly neglected by moral philosophers, provides important insights to move the debate forward. First, the OB/io scholarship provides empirical evidence to show that social environments like organizations have significant power to shape the character traits of their members. This scholarship also describes some of the mechanisms through which this process of (...) reshaping character takes place. Second, the character-situation debate has narrowly focused on situational influences that affect behavior episodically and haphazardly. The OB/io research, however, highlights the importance of distinguishing such situational influences from influences that, like organizational influences, shape our character traits because they are continuous and coordinated. Third, the OB/io literature suggests that most individuals display character traits that, while local to the organization, can be consistent across situations. This puts pressure on the accounts of character proposed by traditional virtue ethics and situationism and provides empirical support to interactionist models based on cognitive-affective processing system theories of personality. Finally, the OB/io literature raises important challenges to the possibility of achieving virtue, provides valuable and untapped resources to cultivate character, and suggests new avenues of normative and empirical research. (shrink)

Every so often an experiment trying to give reliable evidence for a metallic hydrogen solid is reported. Such evidence is, however, not too convincing. As Eric Scerri has recently reiterated, “the jury is still out on that issue” . This search stems from the common spectroscopy shared by the hydrogen atom and all the alkali metal atoms, and perhaps is guided by a desire to place hydrogen atop the alkali metals, in Mendeleiev’s Table, reinforced by the fact pointed out by (...) Scerri that there is no other obvious place for hydrogen in said Table. But H2 is a light gas at room temperature, while Li, Na, K and the other alkali elements form solid metal crystals. At very low temperatures, of course, hydrogen solidifies, but it is formed by H2 molecules . Our purpose here is to use a new argument to break this impasse: “should H be grouped with the alkali metals with which it shares a common spectroscopy, but which solidifies in a completely different fashion?” This argument has been proposed before in a couple of papers in this journal to establish a similar question for He and the alkaline earths , as is discussed in “Precedents” section. (shrink)