This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a “conversational implicature.” This book addresses the (...) question of whether implicatures occur in the legal language, firstly illustrating why the classic Gricean theory is not applicable to the description of legal language and proposing a novel approach based on a modification of Andrei Marmor’s “strategic speech.” Subsequently, it analyzes neo-Gricean theories and their limited use for describing the mechanisms of legal interpretation, and discusses the possibility of pragmatic enrichment of legal content as well as the notion of completeness of a legal proposition. Lastly, it illustrates how the developed theory works in practice, with examples from penal and civil law cases. The book is helpful to legal practitioners, since it provides insights into the reasons for and linguistic mechanisms behind courts’ decisions, but also to philosophers of law, philosophers of language, linguists and non-experts wishing to better understand the mechanisms of legal decision making. (shrink)

An analysis of the value of community vitality as it figures into the Royal Government of Bhutan's policy of Gross National Happiness.

The authors of the book try to integrate the results of multidimensional research on problem of imagination, image, figurative thinking and symbol in a lot of traditions of European thought and contemporary philosophy and social practices.

Liberation Unleashedintroduces you to the process of unraveling the false sense of a separate self at the center of your existence. With insightful metaphors, personal stories, and guided dialogues, this book points directly to our lack of separation and helps you move toward a new, more open reality of selfless bliss. Using the seven clear and focused steps presented, you'll find liberation in realizing there is no individuated "I" and marvel at the true nature of things. Author Ilona Ciunaite's (...) search for the truth began when she first "experienced silence of the thinking mind, a sweet sense of being, contentment, peace," and "feeling at home." Driven by a desire to reach that state of oneness once more, her path led her through spiritual writings to the process of deconstruction and non-dual self-inquiry and finally to a peaceful emptiness of not knowing, but of simply being. It's from that place that Ciunaite cocreated the popular Liberation Unleashed forum--a global Internet-based community helping people see through the illusion of a separate self--and it's just that sense of unknowing peace she wishes to impart with this book. Liberation Unleashedis a lively, fresh, and moving account of the author's own searching, liberation, and transformation, woven together with the stories of fellow seekers and a clear exposition of the simple, focused tools you can use to go through the "gateless gate." With its conversational tone, provocative questions, and the presentation of the seven steps--"Clearing the path--meeting the fear," "Strip away ALL expectations," "Get in touch with the real," "'I' is a thought," "There is no separate self," "How does it feel to see this?" and "Falling"--this book serves as an introductory how-to guide, demonstrating how to use the process of self-inquiry to get free from the falseness of the separate self and realize a blissful oneness. So many of us go through life feeling isolated, searching for ourselves, or seeking a more authentic reality through religion, spirituality, or other, more unconventional means of expanding consciousness. Now, with this book and its guiding principles, you'll learn how to look deeply into the nature of self and existence; combat the anxieties, fears, mental blocks, and reservations that can arise in self-inquiry; and see the simple beauty of the everyday moment. (shrink)

In Soul of the Documentary, Ilona Hongisto stirs current thinking about documentary cinema by suggesting that the work of documentary films is not reducible to representing what already exists. By close-reading a diverse body of films - from The Last Bolshevik to Grey Gardens - Hongisto shows how documentary cinema intervenes in the real by framing it and creatively contributes to its perpetual unfolding. The emphasis on framing brings new urgency to the doumentary tradition and its objectives, and provokes (...) significant novel possibilities for thinking about the documentary's ethical and political potentials in the contemporary world. -- Provided by publisher. (shrink)

This article outlines a conception of emotions as mediopassive processes based on an understanding of the affective as situated felt-body phenomena. On these grounds, in the second part of the text, a form of emotional ability is introduced. It is described as the subject’s ability to mindfully feel and perceive her emotions in such a way that it allows her to both attend and subtly conduct the unfolding of the emotions’ dynamic gestalt. A philosophical grasp of this ability can illuminate (...) the vast middle ground between affect suppression and being overwhelmed by emotions, foregrounding a balance between mindfully controlling and surrendering to emotions. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

I investigate: to what extent do folk ascriptions of lying differ between casual and courtroom contexts? to what extent does motive to lie influence ascriptions of trust, mental states, and lying judgments? to what extent are lying judgments consistent with previous ascriptions of communicated content? Following the Supreme Court’s Bronston judgment, I expect: averaged lying judgments to be similar in casual and courtroom contexts; motive to lie to influence levels of trust, mental states ascriptions, and patterns of lying judgments; retrospective (...) judgments of lying, after being presented with the state of the world, to be inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content she did not communicate. I performed a survey experiment on the Qualtrics platform. Participants were recruited through Amazon Mechanical Turk. I employed standard Likert scales and forced-choice questions. I found that: average lying judgments are similar in casual and courtroom contexts; motive to lie decreases trust ascription and increases lying judgment; judgments of lying are inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content they did not communicate. Perjury ascriptions are inconsistent. The Supreme Court’s worries expressed in the Bronston judgment are well founded. This article helps reforming jury instructions in perjury cases. (shrink)

The European Union’s common agricultural policy (CAP), in addition to its primary production and farm income goals, is a large source of funding for environmentally friendly agricultural practices. However, its schemes have variable success and uptake across member states (MS) and regions. This study tries to explain these differences by demonstrating differences between policy levels in the understanding of the relationship between nature and farming. To compare constructs and values of the respective policy communities, their discursive construction as it appears (...) in the main strategic EU and MS agricultural policy documents is analysed. The theoretical framework integrates elements from existing frameworks of CAP and environmental discourse analysis; specific agri-environmental discourses, their elements and interplay, are identified. The six discourses suggested here are ‘Productivism’, ‘Classical neoliberal’, ‘Ecological modernisation’, ‘Administrative’, ‘Multifunctionality’ and ‘Radical green’. The discourse analysis of selected documents reveals that there are indeed differences in how farming and the environment are generally conceptualised at different levels of CAP decision-making. At EU level, farming is primarily understood as a sector whose main task is to produce food (‘Productivism’), and the environment is used as a justification for CAP payments (‘Multifunctionality’). At the national/regional level, Rural Development Programmes reflect different value systems: in England, environmental protection is mainly seen as sound management of natural capital (‘Classical neoliberal’); in Finland, a benefit for producers and conscious consumers (‘Ecological modernisation’); in Croatia, a necessity limiting productivity (‘Productivism’) and imposed by an external authority (‘Administrative’ discourse). This diversity shows that differences can visibly manifest despite the Commission constraining the discursive space, helping to explain the differential implementation and success of environmental measures. (shrink)

In this article a case study of the phenomenon of “living on light” is presented. The interlocutor “Eva” shares her memories from the period when she did not eat material food. Actor-network theory (ANT) is adopted to analyse the interview. This methodological framework sheds light on the connections between interacting human and non-human entities and thus reveals their agency. The phase of living on light appears to Eva as part of her personal spiritual progress. At the same time, relations with (...) the family become ambivalent since Eva does not want to share her true spiritual devotion. Eva’s experiences are demonstrated and re-imagined by mapping them with ANT concepts such as “intermediary” and “centre of calculation”. Eva’s period of living on light is discussed in three different forms of processuality. Characteristic of both the phenomenon of living on light and of ANT reading is the renovative quality of the ongoing processuality. (shrink)

In this paper I will tackle three issues. First, I aim to briefly outline the backbone of semantic minimalism, while focusing on the idea of ‘liberal truth conditions’ developed by Emma Borg in her book ‘Minimal Semantics’. Secondly, I will provide an account of the three principal views in legal interpretation: intentionalism, textualism and purposivism. All of them are based on a common denominator labelled by lawyers ‘literal meaning’. In the paper I suggest a novel way of viewing this common (...) denominator as almost identical to the Borgian ‘liberal truth conditions’, at least at a conceptual level. In the third section I will focus on the conceptual similarities between the two ideas. I intend to depict that, although legal theorists do not admit it explicitly, they treat literal legal meaning as minimal propositional content that can be ascribed liberal truth conditions. There are two main objections to liberal truth conditions: their under-determinacy and unintuitive character. Both objections can be applied to ‘literal meaning’. However, the idea of liberal truth conditions gives an adequate account of what lawyers call literal meaning and is helpful in explaining the mechanism of understanding of provisions and reasons leading to the necessity of statutory interpretation. (shrink)

The Catholic Church – though in popular opinion it is sometimes treated as a stronghold of conservatism, traditionalism, suspicion of progress and novelty, it changed significantly in the second half of the 20th century and continues to change its attitudes, especially in terms of the use of social communication and attitude to the media mass. The Church’s growing openness to media relations and the use of a rich instrumentation of social communication has become one of the reasons for the growing (...) popularity of market orientation among the clergy and active believers, which opens opportunities for the development of the concept of a specific sectoral marketing formula of church marketing. In this article the authors search for the causes of the progressive phenomenon of the marketization of religion, present examples of the activities of the Polish Catholic church, inscribed in the church marketing trend, as well as define the negative consequences resulting from its dissemination. The applied research method is based on the literature analysis and case studies analysis. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

Exploring teaching as an upper secondary school teacher through lived experience offers pedagogical insights that have been challenged over a period of 25 years, when neoliberal educational policies gradually transformed the conditions for teaching in Swedish schools. The article is grounded in the assumption that the teaching profession is complex and there are multiple tacit dimensions inherent in being and becoming a teacher. Several of these dimensions are captured by the notion of pedagogical tact and have to be learned through (...) practice. However, over the past few decades, the implementation of neoliberal policies in the Swedish education sector have changed the conditions for teaching, and created an area of tension between the teacher’s pedagogical alignment and the educational practices influenced by neoliberal values. The aim of the study is to describe how the author experienced these tensions, and what they meant for her becoming and being a teacher in three different pedagogical sites: a higher education preparatory program, a vocational preparatory program, and in adult education. The description is grounded in the lifeworld phenomenological approach and carried out through personal narrative. (shrink)

The field of global health has reached a critical juncture, where both its visibility and the complexity of its challenges are unprecedented. The World Health Organization, as the only global health actor possessing both democratic and formal legal legitimacy, is best positioned to capitalize on this new, precarious situation in public health and respond with the governance innovation that is needed to bring the increasingly chaotic network of activities and entities affecting health outcomes under the fold of a centralized, standard-setting (...) agency. One such proposed innovation to guide normative and strategic coordination in global health is the creation of a Committee C of the World Health Assembly that would promote consensus building and multi-stakeholder decision-making within the unique convening power of the World Health Organization. (shrink)

In January 2010 the Director General of the World Health Organization called for an “informal consultation on the future of financing for WHO” and in her opening remarks expressed the need to make the WHO fit for purpose given the unique health challenges of the 21st century.Margaret Chan referred to the constitutional role that WHO has to “act as the directing and co-ordinating authority on international health work” and stated clearly that global health leadership today and for the future must (...) be earned through strategic and selective engagement. She said, “WHO can no longer aim to direct and coordinate all of the activities and policies in multiple sectors that influence public health today.” This is a clear challenge that she has put to the global health community in recognition that WHO’s role must be clarified in the face of major change. (shrink)

Legal and moral luck goes against the basic principle of criminal law that responsibility ascriptions are based on the mental state of the perpetrator, rather than merely the outcome of her action. If outcome should not play a decisive role in responsibility ascriptions, the attempt versus perpetration distinction becomes more difficult to justify. One potential justification is that we never know whether the attempter would not have resigned from pursuing her criminal intent even at the last moment. However, this paper (...) argues that resigning from criminal intent and trying to stop the criminal outcome, which is called the renunciation defense, can be just as subject to outcome luck as the attempt versus perpetration distinction. And yet the availability of the renunciation defense in court is outcome dependent. I show with a series of experiments (N = 479) that outcome dependence for the renunciation defense is perceived as unjust and discuss the implications for the renunciation defense as well as attempt versus perpetration distinction. (shrink)

BackgroundThe significant increase of digital collaboration, driven by the current COVID-19 pandemic, is resulting in changes in working conditions and associated changes in the stress-strain perception of employees. Due to the evident leadership influence on employees' health and well-being in traditional work settings, there is a need to investigate leadership in virtual remote work contexts as well. The objective of this scoping review was to assess the extent and type of evidence concerning virtual leadership in relation to employees' mental health, (...) job satisfaction and perceptions of isolation.MethodA search was undertaken in five databases, PubMed, Cochrane Library, PsycINFO, PSYNDEX and Web of Science, as well as reference lists of included articles on 9th February 2021 and an update on 28th September 2021. The search strategy was limited to English, German and French language, peer reviewed journal articles published from January 2000 onwards. This scoping review was conducted in accordance with the JBI methodology for scoping reviews. The methodological quality of the included studies was assessed using the JBI critical appraisal tools. A narrative synthesis was conducted.ResultsNineteen studies met the eligibility criteria for this review. Overarching review findings suggested a positive link between virtual leadership and well-being, job satisfaction, and a negative link to psychological strain, stress and perceptions of isolation of digitally collaborating employees.ConclusionsBy mapping the available evidence on virtual leadership in relation to health and work-related employee outcomes, the review identified many research gaps in terms of content and methodology. Due to limited data, causal relationships were not derived. Future research is needed to examine the complex cause-and-effect relationships of virtual leadership in more detail. (shrink)

This volume brings the theories and methods of a range of disciplines to bear on the imaginative workings of the human mind. The distinguished contributors demonstrate their own imaginative flair in a fascinating and varied collection of essays about this most elusive and special human capacity.

In the present paper, I argue against the claim that ex aequo and bono adjudication cannot be epistemically objective. I start with a survey of legal rules allowing the parties to resort to ex aequo et bono adjudication. Next, I argue that decisions taken on ex aequo et bono basis are not subjective for three main reasons. First, they are analogous to decision making in hard cases. Second, theories of practical reasoning and hybrid expressivism provide a precise theoretical account of (...) the mechanisms at stake. Third, the context of adjudication provides substantial constraints on judicial tasks. (shrink)

Ratio Juris, Volume 35, Issue 2, Page 191-222, June 2022.

W. Baude’s and S.E. Sachs’s paper entitled “The Law of Interpretation” is a fascinating survey of a plethora of cases from the American common law system. The main conclusion of the article is extremely interesting from both philosophical and practical points of view. Namely, the authors claim that there exists something additional in the law that has not been identified before, and this is the law of interpretation. This law of interpretation is claimed to be a set of both written (...) and unwritten rules, including the canons of construction. However, a closer look at the examples provided by Baude and Sachs throughout their paper proves some nonhomogenous nature of the unwritten rules of the law of interpretation. I claim that this nonhomogeneity comes precisely from different, more fundamental facts to which these unwritten rules of interpretation are related. Moreover, I argue that the elements of the law of interpretation that are indeed incorporated into the law are in fact scarce, and I investigate the reasons for this state of affairs. Two main reasons are analyzed—the nature of context and the structure of all-things-considered moral arguments. (shrink)

In the present paper, I argue against the claim that ex aequo and bono adjudication cannot be epistemically objective. I start with a survey of legal rules allowing the parties to resort to ex aequo et bono adjudication. Next, I argue that decisions taken on ex aequo et bono basis are not subjective for three main reasons. First, they are analogous to decision making in hard cases. Second, theories of practical reasoning and hybrid expressivism provide a precise theoretical account of (...) the mechanisms at stake. Third, the context of adjudication provides substantial constraints on judicial tasks. (shrink)

In the present paper we argue that although the semantics of both legal and moral statements can be explained with the use of a unified framework called hybrid or quasi-expressivism (Finlay & Plunkett, 2018), there still is an important difference in the semantics of moral and legal terms. Namely, while the truth conditions of legal statements are widely intersubjectively shared, this is not the case with moral statements. We demonstrate this difference using the example of the ex aequo et bono (...) adjudication method. In the first background section we explain what is hybrid or quasi-expressivism as well as what is the standard account of the semantics of moral and legal statements. In the next section, we explain in detail how we aim to demonstrate that the semantics of legal terms and the semantics of some moral terms, such as ‘goodness’ or ‘fairness’, differ importantly. In order to illustrate the difference, we next explain the ex aequo et bono adjudication method and provide examples of cases in which this method has been employed. Crucially, this method is extremely rarely used, which highlights the difference between the semantics of legal and moral statements. Finally, we provide our interpretation of why ex aequo et bono adjudication is so seldom employed and what consequences this has for a theory of the semantics of legal and moral terms. (shrink)

The problem of different types of thinking is situated on the limits of reflections of many disciplines - philosophy, anthropology and psychology. Each of them presents a different approach in trying to define thinking. It refers in the early formulations of the development of anthropology to the concept of the so-called “primeval mind” and attempts to determine the specificity of the operations it performs. This concept was rejected, but the problem of isolating certain characteristics of symbolic, mythological, figurative thinking or (...) “savage mind” remained. The conceptions associated with these notions indicate a set of common features, for example, the pars pro toto principle or associating objects on the basis of spatial tangency and many others. The aim of the research is to look at several such sets and to indicate their common ranges. (shrink)

It is rather uncontroversial that gender should have no influence on treating others as equal epistemic agents. However, is this view reflected in practice? This paper aims to test whether the gender of the testifier and the accused of assault is related to the perception of a testimony’s reliability and the guilt of the potential perpetrator. Two experiments were conducted: the subjects (n = 361, 47% females, 53% males) assessed the reliability of the testifier in four scenarios of assault accusation, (...) in which the only difference was the gender of the people presented. During the study, we have observed dependencies of gender and ascription of reliability, but only marginal differences in guilt attribution. The results of our research may constitute an argument for the existence of different epistemic status endowed on people depending on their gender and existing gender stereotypes. Our results suggest that gender bias may be situated at a deeper level than the linguistically triggered representation. (shrink)

Freud was interested in the problem of memory from the time of his very early works. The processes taking place in memory, imaging, remembering and forgetting images focused his attention and were one of the pillars of shaping his conception of the unconscious and mind as “the storehouse of total memory,” which in one of his works he compared to “the Eternal City of Rome”, which accumulate images-memories gathered throughout life. Shifts, changes, deformations, strong emotional components determine the specificity of (...) many processes of remembering and forgetting, a specific “coding” of information in the form of visual, acoustic and other images. Nowadays, there are indications of Freud’s views in various dimensions of scientific research on memory and the consciousness of the importance of these approaches in our culture and its discovery of the role of autobiographical memory. (shrink)