This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer's psychology and seller's drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its (...) main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 208 Seiten: 79-101.

The place occupied by Kant’s philosophical ideas in the reflections of the Russian philosopher, Nikolay Strakhov, needs further study. The material for a historical-philosophical reconstruction of Strakhov’s reception of Kant’s philosophy is the Russian thinker’s home library catalogue, his correspondence and his own philosophical works. Among Strakhov’s interlocutors were not only philosophers and natural scientists, but also writers, including Fyodor Dostoevsky, Leo Tolstoy and Afanasy Fet, who in many ways determined the cultural and intellectual horizon of the epoch. The many (...) years of correspondence with the last two writers went a long way to shape and develop Strakhov’s perception of Kant as a thinker. Indeed, without a virtual dialogue with Kant no modern philosophical system can be built. Strakhov’s reflections on the Kantian style of thinking, adoption of Kantian criticism as the model of epistemic analysis in many ways determined the features of his own philosophical work and became a catalyst of renewed interest in Russia in the Kantian philosophy in the last third of the nineteenth century. (shrink)

The relationship between smell and politics could appear obscure; and yet, when it comes to smell, questions about freedom and constriction, social and ontological mingling or distinctions, clearly arise. In this paper, I will especially focus on the domain of food as a clear example for describing some of the political ambivalences characterizing the sense of smell. The aim is to pave the way for a more detailed ‘sociopolitical aesthetics of smell’ to come. I will stress epistemological and social features (...) of odors in order to highlight their ambivalence in knowledge and community life. Perceivers and odors will emerge as mingled bodies, highlighting an ongoing process of material as well as emotional affection. Moreover, I will present some relevant examples of smell as social status symbols in relation to the aesthetic values linked to class hierarchy. Consumerism and scented goods will be lastly discussed in order to shade light on contemporary perceptual phenomena and their role in the socioeconomic dimension. (shrink)

More than a decade has passed since North American Indigenous scholars began a public dialogue on how we might “Indigenize the academy.” Discussions around how to “Indigenize” and whether it’s possible to “decolonize” the academy in Canada have proliferated as a result of the Truth and Reconciliation of Canada, which calls upon Canadians to learn the truth about colonial relations and reconcile the damage that is ongoing. Indigenous scholars are increasingly leading and writing about efforts in their institutions; efforts include (...) land- and Indigenous language-based pedagogies, transformative community-based research, Indigenous theorizing, and dual governance structures. Kim Anderson’s paper invites dialogue about how Indigenous feminist approaches can spark unique Indigenizing practices, with a focus on how we might activate Indigenous feminist spaces and places in the academy. In their responses, Elena Flores Ruíz uses Mexican feminist Indigenizing discourse to ask what can be done to promote plurifeminist indigenizing practices and North-South dialogues that acknowledge dynamic Indigenous pasts and diverse contexts for present interactions on Turtle Island. Georgina Tuari Stewart proceeds to describe Mana Wahine indigenous feminist theory from Aotearoa before proceeding to develop a “kitchen logic” of mana, which parallels Anderson’s understanding of tawow. Finally, Madina Tlostanova reflects on how several ways of advancing indigenous feminist academic activism described by Anderson intersect with examples from her own native Adyghe indigenous culture divided between the neocolonial situation and the post-Soviet trauma. (shrink)

800x600 Normal 0 21 false false false RO X-NONE X-NONE MicrosoftInternetExplorer4 Review of Mihaela Frunză, Expertiza etică și bioetica. Studii de caz (Ethical Expertise and Bioethics. Case Studies). Cluj-Napoca, Limes Publishing House, 2010.

An exchange of letters among proper names and natural-kind terms, dealing with various identity and individuation problems (rigid designation, use-mention ambiguities, translation) from their point of view.

Most studies examining children's understanding of transitive sentences focus on the morphosyntactic properties of the construction and ignore prosody. But adults use prosody in many different ways to interpret ambiguous sentences. In two studies we investigated whether 5-year-old German children use prosody to determine participant roles in object-first (OVS) sentences with novel verbs (i.e., whether they use prosodic marking to overrule word order as a cue). Results showed that children identify participant roles better in this atypically ordered construction when sentences (...) are realized with the marked, OVS-typical intonational pattern, especially in combination with case marking (Study 1). In a second study, we embedded these sentences into an appropriate discourse context. The results show that, even in the absence of any case marking, children understand participant roles when they are realized with the appropriate intonational pattern. These findings demonstrate that young children can use intonation to help identify participant roles in transitive sentences, at least in marked constructions such as the German object-first (OVS) construction. (shrink)

Nella tradizione agostiniana del XII secolo compaiono temi e linguaggi che suggeriscono la presenza, accanto al discorso teologico, di un discorso dell'uomo sull'uomo. Si analizza la figura di Maria Maddalena in alcuni autori del XII secolo e l'allegoria nuziale nei Sermones super Cantica di Bernardo di Clairvaux. La lettura viene condotta sulla base di categorie concettuali di carattere psicoanalitico, in quanto tali categorie trovano la propria origine, prima ancora che nel pensiero, nella più concreta e profonda esperienza umana. Ed è (...) proprio il collocarsi all'interno di questa viva esperienza umana che consente di cogliere in modo più diretto la dimensione antropologica che pare emergere dagli scrittori monastici di questo periodo. (shrink)

I Sermoni su Cantico dei Cantici di Bernardo di Chiaravalle come esemplificazione della funzione conoscitiva della metafora: dall'autocomprensione di sé all'illustrazione della relazione uomo Dio.

Nel 2009 esce Documentalità. Perché è necessario lasciar tracce di Maurizio Ferraris. Si tratta di un libro importante, per varie ragioni, ma qui vorremmo sottolinearne principalmente due. Innanzitutto, perché si pone come un’opera di rottura all’interno di una tradizione teorica consolidata – o, almeno, fino a quel momento assai poco movimentata. In secondo luogo, perché le tesi lì sostenute hanno degli esiti che vanno ben al di là della teoria. Cominciando con il primo punto, occorre ricord...

The Ibero-American Conference is a forum for dialogue, consultation and cooperation in which the observance of human rights is an essential principle. These rights are an area of action of the Ibero-American system. The instruments adopted by the Conference and other Ibero-American instances provide political and legal indications in the field of human rights that must be developed through initiatives, actions, programmes and agendas of cooperation. Social rights deserve special attention at the Ibero-American Summits. All this should have an influence (...) on the positions of the Inter-American Court of Human Rights, particularly when it deals with cases in which are affected economic, social and cultural rights, as it has been done in the wake of recent judgments on the matter. The work of the Ibero-American system in the fields of migration and culture will be of particular interest to the Inter-American Court in determining the content and scope of the rights recognized and protected in the inter-American system. (shrink)

One of the central problems of Cicero’s De officiis is honestum and its relation to utile. In Cicero’s book III of De Officiis it gains an expressive form of the question: Are these concepts principally equal, or antinomic? Cicero holds that the conflict between them is only artificial. Humanitas always has to be the priority; acting against it destroys social chains as well as the morality.

In recent years, a change in attitude in particle physics has led to our understanding current quantum field theories as effective field theories. The present paper is concerned with the significance of this EFT approach, especially from the viewpoint of the debate on reductionism in science. In particular, it is a purpose of this paper to clarify how EFTs may provide an interesting case-study in current philosophical discussion on reduction, emergence and inter-level relationships in general.

: By introducing us into core concepts of Niklas Luhmann’s theory of social systems, Elena Esposito shows their relevance for contemporary social sciences and the study of unsettled times….

Bioethics is a field in which innovation is required to help prevent and respond to zoonotic diseases with the potential to cause epidemics and pandemics. Some of the developments necessary to fight pandemics, such as COVID-19 vaccines, require public debate on the benefits and risks of individual choice versus responsibility to society. While these debates are necessary, a more fundamental ethical innovation to rebalance human, animal, and environmental interests is also needed. One Health (OH) can be characterized as a strategy (...) that recognizes and promotes the synergy between human, animal, and environmental health. Yet, despite the recognition that these entities are interdependent, there is a pronounced inequality in the power relations between human, non-human animal, and the environmental interests which threatens the well-being of all. Until OH can ensure the moral status of animals and the environment and thereby the equal consideration of these interests, it will struggle to protect non-human interests and, as a result, human health. To create a sustainable health system requires a renewed concept of justice that is ecocentric in nature and an application of OH that is flexible and responsive to different ethical interests (e.g., person-centred care and physician responsibilities). Ultimately, to save themselves, humans must now think beyond themselves. Bioethics must assume a key role in supporting the developments required to create and maintain relationships able to sustain environmental and human health. (shrink)

The collective monograph "Ontology of Stative Situations - Linguistic Modeling. A Contrastive Bulgarian-Russian Study" includes research carried out within the project of the same name "Ontology of stative situations – linguistic modeling. A contrastive Bulgarian-Russian study", supported by the "Scientific Research" Fund of the Ministry of Education and Science in Bulgaria (№ КП-06-РУСИЯ / 23) and from the Russian Fund for Fundamental Research (No. 20-512-18005).

East Asia’s economy is leading the world into the new Asian century. While meritocratic practices in the educational and private sectors are often considered pivotal conditions for East Asia’s economic success, experts have pointed out that the path ahead requires new approaches to ensure social cohesion and stability, which depend on the quality of relations across social divides. These considerations raise multiple questions for philosophers: What forms of social meritocracy are necessary to sustain social cohesion? Moreover, how can the detrimental (...) effects of meritocratic practices be contained? Is it possible to utilise some of the intellectual resources indigenous to East Asia to generate innovative solutions? This paper argues that the answers to these questions lie in the indigenous Confucian conceptual resources. Confucian ideas can inspire a more desirable societal ideal for the future of East Asia. In particular, the Confucian emphasis on cultivating reciprocal harmonious human relationships and others’ morality can guide new approaches to fostering social cohesion. As Confucian personal cultivation through harmonious relations is a process of social cohesion, these ideas inspire a) a multiple approach to policymaking that is not only grounded in economic redistribution, b) a richer understanding of societal progress, and c) a democratic approach to fostering social cohesion. Unlike Confucian meritocrats and scholars who defend the Confucian roots of East Asian forms of political and social meritocracy, this paper proves that Confucian conceptual resources can help formulate a societal vision that strengthens cohesion and mitigates the adverse effects of meritocratic practices. (shrink)

The first to use Judith Butlers work as a reading of how the legal subject is formed, this book traces how Butler comes to the themes of ethics, law and ...

A draft version of Chapter 11 of the edited volume 'Interpreting Bodies. Classical and Quantum Objects in Modern Physics',. The Chapter is devoted to illustrating the group-theoretic approach to the issue of physical objects. In particular, the Chapter discusses the group-theoretic constitution of classical and quantum particles in the nonrelativistic case.

Coordination is a widely employed term across recent quantitative and qualitative approaches to intersubjectivity, particularly approaches that give embodiment and enaction central explanatory roles. With a focus on linguistic and bodily coordination in conversational contexts, I review the operational meaning of coordination in recent empirical research and related theorizing of embodied intersubjectivity. This discussion articulates what must be involved in treating linguistic meaning as dynamic processes of coordination. The coordination approach presents languaging as a set of dynamic self-organizing processes and (...) actions on multiple timescales and across multiple modalities that come about and work in certain domains (those jointly constructed in social, interactive, high-order sense-making). These processes go beyond meaning at the level that is available to first-person experience. I take one crucial consequence of this to be the ubiquitously moral nature of languaging with others. Languaging coordinates experience, among other levels of behavior and event. Ethical effort is called for by the automatic autonomy-influencing forces of languaging as coordination. (shrink)

"Now in its third edition, this classic text remains the seminal resource for in-depth information about major concepts and principles of the cultural-historical theory developed by Lev Vygotsky, his students, and colleagues, as well as three generations of neo-Vygotskian scholars in Russia and the West. Featuring two new chapters on brain development and scaffolding in the zone of proximal development, as well as additional content on technology, dual language learners, and students with disabilities, this new edition provides the latest research (...) evidence supporting the basics of the cultural-historical approach alongside Vygotskian-based practical implications. With concrete explanations and strategies on how to scaffold young children's learning and development, this book is essential reading for students of early childhood theory and development"--. (shrink)

This essay argues that according to feminist existential phenomenology, feminist pragmatism, and feminist genealogy, our embodied condition is an important starting place for ethical living due to the inevitable role that habits play in our conduct. In bodies, the phenomenon of habit uniquely holds together the ambiguities of freedom and determinism, transcendence and immanence, and stability and plasticity. Seeing habit formation as a matter of self-growth and social justice gives fresh opportunity for thinking of “assuming ambiguity” as a lifelong endeavor (...) made up of many small projects and practices of situated resistance to stagnation. Transcendence, understood as ameliorative transformation, is found in cultivating habits of learning from our bodily living. I articulate this argument via a reading of Simone de Beauvoir's The Coming of Age, John Dewey's Human Nature and Conduct, and Ladelle McWhorter's Bodies and Pleasures. I discuss two domains wherein the ethical significance of habit formation appears: cognitive psychological research on neural plasticity, and certain projects of self-cultivation that risk turning into overdetermining “cult of the self ” practices that close off possibilities for personal and collective transformation. (shrink)

The enactive approach to cognition distinctively emphasizes autonomy, adaptivity, agency, meaning, experience, and interaction. Taken together, these principles can provide the new sciences of language with a comprehensive philosophical framework: languaging as adaptive social sense-making. This is a refinement and advancement on Maturana’s idea of languaging as a manner of living. Overcoming limitations in Maturana’s initial formulation of languaging is one of three motivations for this paper. Another is to give a response to skeptics who challenge enactivism to connect “lower-level” (...) sense-making with “higher-order” sophisticated moves like those commonly ascribed to language. Our primary goal is to contribute a positive story developed from the enactive account of social cognition, participatory sense-making. This concept is put into play in two different philosophical models, which respectively chronicle the logical and ontogenetic development of languaging as a particular form of social agency. Languaging emerges from the interplay of coordination and exploration inherent in the primordial tensions of participatory sense-making between individual and interactive norms; it is a practice that transcends the self-other boundary and enables agents to regulate self and other as well as interaction couplings. Linguistic sense-makers are those who negotiate interactive and internalized ways of meta-regulating the moment-to-moment activities of living and cognizing. Sense-makers in enlanguaged environments incorporate sensitivities, roles, and powers into their unique yet intelligible linguistic bodies. We dissolve the problematic dichotomies of high/low, online/offline, and linguistic/nonlinguistic cognition, and we provide new boundary criteria for specifying languaging as a prevalent kind of human social sense-making. (shrink)

The justification of democracy, while widely debated, is hindered by a sub-optimal conceptual framework. For a start, there is confusion about the basic terms in the discussion. Many theorists claim to support either the ‘intrinsic’ or the ‘instrumental’ value of democracy, but it is unclear what this exactly means. Can democracy have other kinds of values? What does it mean to value democracy intrinsically? As a result, at certain points, scholars are talking past one another and their assessments of their (...) respective approaches to democracy are less clear than what they intended. This paper develops a conceptual framework of the values of democracy. I use this framework to classify theories of democracy under three main groups: theories that value democracy intrinsically, instrumentally, or contributorily (necessarily and non-necessarily). Through this analysis, the points of engagement among the different approaches will emerge and flawed arguments about democracy will be revealed. (shrink)

This essay frames systemic patterns of mental abuse against women of color and Indigenous women on Turtle Island (North America) in terms of larger design-of-distribution strategies in settler colonial societies, as these societies use various forms of social power to distribute, reproduce, and automate social inequalities (including public health precarities and mortality disadvantages) that skew socio-economic gain continuously toward white settler populations and their descendants. It departs from traditional studies in gender-based violence research that frame mental abuses such as gaslighting--commonly (...) understood as mental manipulation through lying or deceit--stochastically, as chance-driven interpersonal phenomena. Building on structural analyses of knowledge in political epistemology (Dotson 2012, Berenstain 2016), political theory (Davis and Ernst 2017), and Indigenous social theory (Tuck and Yang 2012), I develop the notion of cultural gaslighting to refer to the social and historical infrastructural support mechanisms that disproportionately produce abusive mental ambients in settler colonial cultures in order to further the ends of cultural genocide and dispossession. I conclude by proposing a social epidemiological account of gaslighting that a) highlights the public health harms of abusive ambients for minority populations, b) illuminates the hidden rules of social structure in settler colonial societies, and c) amplifies the corresponding need for structural reparations. (shrink)

Following a usage-based approach to language acquisition, lexically specific patterns are considered to be important building blocks for language productivity and feature heavily both in child-directed speech and in the early speech of children (Arnon, Inbal & Morten H. Christiansen. 2017. The role of multiword building blocks in explaining L1-L2 differences. Topics in Cognitive Science 9(3). 621–636; Tomasello, Michael. 2003. Constructing a language: A usage-based theory of language acquisition. Cambridge: Harvard University Press). In order to account for patterns, the traceback (...) method has been widely applied in research on first language acquisition to test the hypothesis that children’s utterances can be accounted for on the basis of a limited inventory of chunks and partially schematic units (Lieven, Elena, Dorothé Salomo & Michael Tomasello. 2009. Two-year-old children’s production of multiword utterances: A usage-based analysis. Cognitive Linguistics 20(3). 481–508). In the current study, we applied the method to code-mixed utterances (n = 1,506) of three German-English bilingual children between 2 and 4 years of age to investigate individual differences in each child’s own inventory of patterns in relation to their input settings. It was shown that units such as I see X as in I see a Kelle ‘I see a trowel’ could be traced back to the child’s own previous productions. More importantly, we see that each child’s inventory of constructions draws heavily on multiword chunks that are strongly dependent on the children’s language input situations. (shrink)

Villeneuve d’Ascq, Presses universitaires du Septentrion, 2018, 404 p. Cette collection d’essais commence avec une question provocatrice : d’autres cours d’Europe offrent-elles une place « aussi éminente » aux femmes que la cour de France à l’époque moderne? Les études réunies ici montrent de façon évidente l’importance et la centralité des femmes à la cour de France, des reines et princesses au sommet du pouvoir jusqu’aux demoiselles de musique, nourrices, femmes d’officiels et autres. Cet...

Prompted by our commentators, we take this response as an opportunity to clarify the premises, attitudes, and methods of our enactive approach to human languaging. We high-light the need to recognize that any investigation, particularly one into language, is always a concretely situated and self-grounding activity; our attitude as researchers is one of knowing as engagement with our subject matter. Our task, formulating the missing categories that can bridge embodied cognitive science with language research, requires avoiding premature abstractions and clarifying (...) the multiple circularities at play. Our chosen method is dialectical, which has prompted several interesting observations that we respond to, particularly with respect to what this method means for enactive epistemology and ontology. We also clarify the important question of how best to conceive of the variety of social skills we progressively identify with our method and are at play in human languaging. Are these skills socially constituted or just socially learned? The difference, again, leads to a clarification that acts, skills, actors, and interactions are to be conceived as co-emerging categories. We illustrate some of these points with a discussion of an example of aspects of the model at play in a study of gift giving in China.Keywords: Enactive epistemology, Enactive ontology, Dialectics, languaging, Shared know-how. (shrink)

The relevance of symmetry to today's physics is a widely acknowledged fact. A significant part of recent physical inquiry – especially the physics concerned with investigating the fundamentalbuilding blocks of nature – is grounded on symmetry principles andtheir many and far-reaching consequences. But where these symmetries come from and what their real meaning is are open questions, at the center of a developing debate among physicists and philosophers of science. To tackle the problems arising in considering the symmetry issue is (...) the main purpose of this paper. Starting with briefly recalling the bases for the discussion – how symmetry enters and operates in physics, its special effectiveness in the quantum domain and the many relevant functions it performs (Sections 1–3), the paper then focus on the general interpretative questions that arise and the sorts of answers that have been given (Section 4). (shrink)

The article discusses Karl Popper’s account of Lamarckism. In this article I use Popper’s published and unpublished statements regarding Lamarckism as well as his correspondence with the Australian immunologist Edward Steele and other biologists to examine why Popper was interested in Lamarckism, how his account of Lamarckism can be understood in the context of his philosophy, and what, if any, new context Popper provided for the discussion of this abandoned doctrine. I begin by discussing Popper’s frame of reference regarding Lamarckism, (...) examining how it changed following his involvement with different “transitory groups” of biologists concerned with redefining the boundaries between traditional disciplines. I then discuss Popper’s account of Lamarckism in positioning it in relation to three aspects of his philosophy: his distinction between the principles of induction/instruction and deduction/selection, his distinction between scientific and teleological concepts, and his concept of progress in science. Then, I follow the debate concerning Steele’s Lamarckian experiments with a closer look at Popper’s role and his position in this controversy. I conclude that Popper’s writings provided a new context for the discussion of Lamarckism in the 1970s and 1980s, thus making it “scientifically acceptable” again. I preface this discussion by a brief outline of Steele’s Lamarckian hypothesis and Popper’s comments on Steele’s work. (shrink)