From the Disney 'Teacher of the Year' and New York Times bestselling author comes a road map to enrich students' learning experiences, revised and updated for today's teachers and parents. After publishing the New York Times bestseller The Essential 55 (over 1 million copies sold), award-winning teacher Ron Clark took his rules on the road and traveled to schools and districts in 50 states. He met amazing teachers, administrators, students, parents, and all kinds of people involved in bringing up (...) great kids. These are the eleven qualities he describes in The Excellent 11: Enthusiasm, Adventure, Creativity, Reflection, Balance, Compassion, Confidence, Humor, Common Sense, Appreciation, and Resilience. Ron has filled this book with hundreds of suggestions, stories, and wonderfully funny anecdotes. You'll be smiling as you read--and finding the inspiration to change lives, one student at a time"--Back cover. (shrink)

Written by two of the leading figures in the field, this is a lucid and systematic introduction to semantics as applied to transformational grammars of the ...

This paper examines three views of what an omission or an instance of refraining is. The view advanced is that in many cases, an omission is simply an absence of an action of some type. However, generally one’s not doing a certain thing counts as an omission only if there is some norm, standard, or ideal that calls for one’s doing that thing.

El artículo se centra en el filósofo argentino Eugenio Pucciarelli (1907-1995) y su recepción de la fenomenología, a la que confiere un sesgo humanista. Se procederá a una introducción a su contribución a la fenomenología en América Latina y se abordarán los siguientes temas: 1) la misión de la filosofía, las diversas vías de acceso a su esencia, en particular aquellas de Scheler, Dilthey y Husserl, 2) su recepción de Husserl en cuanto concierne a los ideales de ciencia y de (...) razón, 3) la crisis de la razón y de la evidencia, 4) su concepción pluralista de la razón, del tiempo y de la cultura, 5) humanismo y libertad. La tesis sostiene que su concepción de la filosofía, que enfatiza la dimensión personal y el compromiso social de la práctica filosófica, revela un profundo humanismo pluralista que no descuida su función militante y crítica, evidenciado así la actualidad de su mensaje. (shrink)

Hermann Cohen (1842-1918) -- Franz Rosenzweig (1886-1929) -- Martin Buber (1878-1965) -- Leo Strauss (1899-1973) -- Emmanuel Lévinas (1906-1995).

This is an amended version of material that first appeared in A. Clark, Microcognition: Philosophy, Cognitive Science, and Parallel Distributed Processing (MIT Press, Cambridge, MA, 1989), Ch. 1, 2, and 6. It appears in German translation in Metzinger,T (Ed) DAS LEIB-SEELE-PROBLEM IN DER ZWEITEN HELFTE DES 20 JAHRHUNDERTS (Frankfurt am Main: Suhrkamp. 1999).

This essential guide to paradoxes takes the reader on a lively tour of puzzles that have taxed thinkers from Zeno to Galileo and Lewis Carroll to Bertrand Russell. Michael Clark uncovers an array of conundrums, such as Achilles and the Tortoise, Theseus' Ship, Hempel's Raven, and the Prisoners' Dilemma, taking in subjects as diverse as knowledge, ethics, science, art and politics. Clark discusses each paradox in non-technical terms, considering its significance and looking at likely solutions.

This essay is a critical review of two recent collections, Feminism and Foucault: Reflections on Resistance, edited by Irene Diamond and Lee Quinby and Feminism as Critique: On the Politics of Gender, edited by Seyla Benhabib and Drucilla Cornell. While the collections differ in their manner of addressing the critical sources that have inspired them-the former relying upon a single theorist, the latter attempting to move through some of the philosophical history that constitutes our present theoretical terrain-both attempt to (...) think through and thus revisualize some of the categories of difference which we have inherited. Though the best essays from these collections are celebrated for demonstrating how "feminism as critique" can work to move us toward a clearer and more inclusive feminist theory, questions are raised about what the inattention to race in these volumes suggests about our own role in the construction of power and knowledge, and the erasures that help to secure them both. (shrink)

In Freedom: An Impossible Reality, Ray Tallis argues that we escape imprisonment by causal determinism, and thus gain free will, by the virtual distance from natural laws afforded us by intentionality, a human capacity that he claims cannot be naturalized. I respond that we can’t know in advance that intentionality will never be subsumed by science, and that our capacities to entertain possibilities and decide among them are natural cognitive endowments that supervene on generally reliable neural processes. Moreover, any disconnection (...) from the multi-level determinants that account for human behavior cannot augment, but would likely undermine, effective human agency. Our full inclusion in nature, understood in terms of a pragmatic, explanatory determinism, is therefore not a prison from which we need to escape. (shrink)

Fodor argues that speech perception is accomplished by a module. Typically, modular processing is taken to be bottom-up processing. Yet there is ubiquitous empirical evidence that speech perception is influenced by top-down processing. Fodor attempts to resolve this conflict by denying that modular processing must be exclusively bottom-up. It is argued, however, that Fodor's attempt to reconcile top-down and modular processing fails, because: (i) it undermines Fodor's own conception of modular processing; and (ii) it cannot account for the contextually varying (...) top-down influences that characterize speech perception. (shrink)

The influence of Heidegger's on current thought has been pervasive. In reaction to Enlightenment ideas, he presents a view of the modern world as destructive of nature, community, tradition, individuality, and more. His writings have influenced such central social and literary thinkers as Derrida and Foucault. This volume is the first thorough introduction to his work on language and literature. Heidegger's reputation for being difficult has scared off many who would have otherwise profited from a knowledge of his work. This (...) guide is written with these people in mind. It is "student-friendly" and presents Heidegger's ideas in a clear and comprehensible manner. Understanding Heidegger is essential for anyone who wants to understand current literary theory, and this guide is essential for anyone seeking to understand Heidegger. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

Many religious people are alarmed about features of the current age - violence in the media, a pervasive hedonism, a marginalization of religion, and widespread abortion. These concerns influence politics, but just as there should be a separation between church and state, so should there be a balance between religious commitments and secular arguments calling for social reforms. Robert Audi offers a principle of secular rationale, which does not exclude religious grounds for action but which rules out restricting freedom except (...) on grounds that any rational citizen would accept. The book describes the essential commitments of free democracy, explains how religious and secular moral considerations can be integrated to facilitate co-operation in a world of religious pluralism, and proposes ideals of civic virtue that express the mutual respect on which democracy depends. Audi offers a balanced and sophisticated treatment of the relations between religion and politics in a modern, secular society. (shrink)

Dennett depicts human minds as both deeply different from, yet profoundly continuous with, the minds of other animals and simple agents. His treatments of mind, consciousness, free will and human agency all reflect this distinctive dual perspective. There is, on the one hand, the (in)famous Intentional Stance, relative to which humans, dogs, insects and even the lowly thermostat (e.g. Dennett (1998) p.327) are all pronounced capable of believing and desiring in essentially the same theoretical sense. And there is, on the (...) other hand, a noteworthy (and increasing) insistence that human minds are special in that they exhibit a distinctive kind of “informational organization”: one that confers consciousness (Dennett (1998) p.347), and creates the space for agency, purpose, self-control (Dennett (1984) p.100), and “significant suffering” (Dennett (1998) p.351). What follows is a critical examination of this dual perspective, and of Dennett’s account of the key factor that makes us special - human language and our immersion in the sea of culture (Dennett (1998) p.146, (1996) p.130, (in press) p.7). In particular, I shall ask whether Dennett’s dual perspective masks a deeper tension in his accounts of consciousness and personhood, and whether the appeal to the transformative power of human language and culture can bear the heavy explanatory burden Dennett places upon it. These turn out to be significant challenges but ones which also help clarify the scope and power of this complex, multi-layered account. I end by commenting briefly on the wider significance of Dennett’s project as a major contribution to current debates concerning the continuity (or otherwise) of evolved cognitive strategies and the essentially hybrid (biological and non-biological) nature of human minds and persons. (shrink)

ABSTRACT Glen Pettigrove wishes to accommodate the thought that exemplary instances of love, forgiveness and ambition need not be strictly proportional to the value present in their objects and that agents who are excellent may value the same things somewhat differently from one another or differently over time. To make room for these attractive ideas, he sketches an approach according to which (i) the virtuous agent’s particular modus operandi constitutes an important locus of value and (ii) the value of virtue (...) is sui generis. I note that the principle of universalizability threatens his project. I sketch a way to reject this principle that agrees with the thesis that an agent’s modus operandi may be an important locus of value but puts pressure on the thesis that the value of virtue is sui generis. I question whether Pettigrove needs the second thesis. (shrink)

This article uses a conversation analytic framework to describe a type of wh-question used to challenge a prior utterance, specifically to challenge the basis for or right to do an action done by the prior utterance. These wh-questions are able to do challenging because, rather than asking for new information, they are used to convey a strong epistemic stance of the questioner, a negative assertion. The utterances are designed as requests for an account for a prior claim or action, but (...) by conveying a negative assertion, they suggest that there is no adequate account available and, thus, that there are no grounds for the prior claim or action. The use of these questions in institutional settings can display participants' orientation to institutional goals, norms and roles, showing that institutional roles can thus be enacted, and goals accomplished, by means of practices of talk which are not, themselves, institutionally specific. (shrink)

Durante los años 1880, Nietzsche propone una idea original de individuo en tanto pluralidad como un modo de superación del difundido nihilismo con respecto a la unidad. Sus escritos, tanto editados como inéditos, presentan una crítica aguda de la concepción heredada de unidad anímica y cultural acorde con la crisis de identidad que vive Europa en la segunda mitad del siglo xix. Nuestro objetivo es mostrar un hilo que va desde la biología celular hasta la filosofía de Nietzsche. Consideramos cómo (...) la biología celular, especialmente con Rudolph Virchow, inauguró la crítica de la noción de Individuum desde el plano orgánico. Eso constituyó un motivo fuerte en la psicología de los franceses Hippolyte Taine y Theódule Ribot, quienes transpusieron el problema al ámbito anímico y de la psicopatología. Ambos concluyeron con un fuerte cuestionamiento sobre la unidad y simplicidad del yo. Eso generó un profundo interés en la filosofía de Nietzsche que en repetidas ocasiones se refiere al Individuum como una multiplicidad de células. Finalmente, profundizaremos en el registro nietzscheano acerca del Individuum, ya que constituye uno de los costados del pensamiento sobre el Übermensch, que Nietzsche imagina inspirado en los grandes hombres del Renacimiento, como posible superación del nihilismo. Among possible ways that Nietzsche can take to deal with Nihilism and its challenges, he proposes an original idea of plural individual. His papers both published and unpublished, present a sharp critique of the inherited view of psychic and cultural unit. It was in line with the identity's crisis faced by Europe along the second half of the nineteenth century. Our goal is to show a thread that goes from cell biology to Nietzsche's philosophy. We see how cell biology, precisely through Rudolph Virchow, inaugurated the critique of the notion of organic Individuum from the organic field. It became a strong subject in the psychology of Hippolyte Taine and Theódule Ribot. They transposed the issue to the field of mind and psychopathology. Both concluded in a strong challenge on the self's unity and simplicity. This generated a deep concern in Nietzsche's philosophy. He repeatedly refers to Individuum as a multiplicity of cells. Finally, we will go in deep into the Nietzschean consideration about Individuum because this topic means one important aspect of the concept of Übermensch that Nietzsche imagines inspired by the great men of the Renaissance as a promising way out of Nihilism. (shrink)

L’article analyse la représentation et la perception des Grandes invasions à la fin du xixe siècle et au début du xxe siècle : des mouvements de groupes ethniques cohérents, conduits par des héros masculins. Ce modèle a été suggéré à partir d’un type spécifique de sagas mythiques du haut Moyen Âge, les Origines gentium qui, s’appuyant sur différentes sources anciennes, présentaient l’échiquier complexe des déplacements, des guerres et des alliances entre les barbares et l’Empire comme des exodes linéaires de tribus (...) cohérentes vers une terre promise. Les archéologues et les ostéologues ont appliqué littéralement ce modèle : les biens funéraires et les types de squelettes permettaient à leurs yeux d’identifier les membres des différentes tribus et de suivre leurs routes migratoires. Ils ont privilégié les tombes avec des armes et les squelettes masculins et souligné ainsi l’agentivité des hommes. Cependant, les découvertes archéologiques examinées de plus près nous racontent une histoire complètement différente : dans les cimetières du haut Moyen Âge, les femmes avaient une plus grande visibilité que les hommes. (shrink)

How is the tension between conflict and deliberation resolved in shareholder engagement? We address this question by studying shareholder engagement as a deliberative process with three stages: establishing dialogue, solution development, and solution implementation. We theorize that two interactionist mechanisms, deliberative interaction and the voicing of disagreement, play different roles at different stages of the process. We test our hypotheses with a proprietary database of 169 environmental, social, and governance engagements with US public companies over 2007–12. We find that while (...) deliberative interaction does not help advance the engagement process, it positively moderates the effect of disagreement in the solution development stage. By contrast, in the solution implementation stage, deliberative interaction amplifies the negative effect of disagreement, thus hindering progress in the engagement. Our article contributes to shareholder engagement, deliberation theory, and interactionist organization theory by establishing that engagement effectiveness is an interactional achievement shaped by both deliberation and disagreement. (shrink)

The concept of sustainability was developed in response to stakeholder demands. One of the key mechanisms for engaging stakeholders is sustainability disclosure, often in the form of a report. Yet, how reporting is used to engage stakeholders is understudied. Using resource dependence and stakeholder theories, we investigate how companies within the same industry address different dependencies on stakeholders for economic, natural environment, and social resources and thus engage stakeholders accordingly. To achieve this objective, we conducted our research using qualitative research (...) methods. Our findings suggest that the resource dependencies on different stakeholders lead to development of different stakeholder relationships and thus appropriate resources within the company to execute engagement strategies that are informing, responding, or involving. Our research explains why diversity exists in sustainability disclosure by studying how it is used to engage stakeholders. We find that five sustainability reporting characteristics are associated with the company’s stakeholder engagement strategy: directness of communication, clarity of stakeholder identity, deliberateness of collecting feedback, broadness of stakeholder inclusiveness, and utilization of stakeholder engagement for learning. Our study develops the literature by providing insight into companies’ choices of stakeholder engagement strategy thus explaining diversity in sustainability reporting based on the characteristics and relationships with specific stakeholders. (shrink)

Known throughout East Asia as Mengzi, or "Master Meng," Mencius was a Chinese philosopher of the late Zhou dynasty, an instrumental figure in the spread of the Confucian tradition, and a brilliant illuminator of its ideas. Mencius was active during the Warring States Period, in which competing powers sought to control the declining Zhou empire. Like Confucius, Mencius journeyed to one feudal court after another, searching for a proper lord who could put his teachings into practice. Only a leader who (...) possessed the moral qualities of a true king could unify China, Mencius believed, and in his defense of Zhou rule and Confucian philosophy, he developed an innovative and highly nuanced approach to understanding politics, self-cultivation, and human nature, profoundly influencing the course of Confucian thought and East Asian culture. _Mencius_ is a record of the philosopher's conversations with warring lords, disciples, and adversaries of the Way, as well as a collection of pronouncements on government, human nature, and a variety of other philosophical and political subjects. Mencius is largely concerned with the motivations of human actors and their capacity for mutual respect. He builds on the Confucian idea of _ren_, or humaneness, and places it alongside the complementary principle of _yi_, or rightness, advancing a complex notion of what is right for certain individuals as they perform distinct roles in specific situations. Consequently, Mencius's impact was felt not only in the thought of the intellectual and social elite but also in the value and belief systems of all Chinese people. (shrink)

Controlled human malaria infection (CHMI) studies involve the deliberate infection of healthy volunteers with malaria parasites under controlled conditions to study immune responses and/or test drug or vaccine efficacy. An empirical ethics study was embedded in a CHMI study at a Kenyan research programme to explore stakeholders’ perceptions and experiences of deliberate infection and moral implications of these. Data for this qualitative study were collected through focus group discussions, in‐depth interviews and non‐participant observation. Sixty‐nine participants were involved, including CHMI study (...) volunteers, community representatives and research staff. Data were managed using QSR Nvivo 10 and analysed using an inductive‐deductive approach, guided by ethics literature. CHMI volunteers had reasonable understanding of the study procedures. Decisions to join were influenced by study incentives, trust in the research institution, their assessment of associated burdens and motivation to support malaria vaccine development. However, deliberate malaria infection was a highly unusual research strategy for volunteers, community representatives and some study staff. Volunteers’ experiences of physical, emotional and social burdens or harms were often greater than anticipated initially, and fluctuated over time, related to specific procedures and events. Although unlikely to deter volunteers' participation in similar studies in furture, we argue that the dissonance between level of understanding of the burdens involved and actual experiences are morally relevant in relation to community engagement, informed consent processes, and ongoing support for volunteers and research staff. We further argue that ethics oversight of CHMI studies should take account of these issues in deciding whether consent, engagement and the balance of benefits and harms are reasonable in a given context. (shrink)

Known throughout East Asia as Mengzi, or "Master Meng," Mencius was a Chinese philosopher of the late Zhou dynasty, an instrumental figure in the spread of the Confucian tradition, and a brilliant illuminator of its ideas. Mencius was active during the Warring States Period, in which competing powers sought to control the declining Zhou empire. Like Confucius, Mencius journeyed to one feudal court after another, searching for a proper lord who could put his teachings into practice. Only a leader who (...) possessed the moral qualities of a true king could unify China, Mencius believed, and in his defense of Zhou rule and Confucian philosophy, he developed an innovative and highly nuanced approach to understanding politics, self-cultivation, and human nature, profoundly influencing the course of Confucian thought and East Asian culture. _Mencius_ is a record of the philosopher's conversations with warring lords, disciples, and adversaries of the Way, as well as a collection of pronouncements on government, human nature, and a variety of other philosophical and political subjects. Mencius is largely concerned with the motivations of human actors and their capacity for mutual respect. He builds on the Confucian idea of _ren_, or humaneness, and places it alongside the complementary principle of _yi_, or rightness, advancing a complex notion of what is right for certain individuals as they perform distinct roles in specific situations. Consequently, Mencius's impact was felt not only in the thought of the intellectual and social elite but also in the value and belief systems of all Chinese people. (shrink)

Research has shown that the construction of visual representations may have a positive effect on cognitive skills, including argumentation. In this paper we present a study on learning argumentation through computer-supported argument diagramming. We specifically focus on whether students, when provided with an argument-diagramming tool, create better diagrams, are more motivated, and learn more when working with other students or on their own. We use learning analytics to evaluate a variety of student activities: pre and post questionnaires to explore motivational (...) changes; the argument diagrams created by students to evaluate richness, complexity and completion; and pre and post knowledge tests to evaluate learning gains. (shrink)

TThis paper aims to evidence the inherently metonymic nature of co-speech gestures. Arguing that motivation in gesture involves iconicity (similarity), indexicality (contiguity), and habit (conventionality) to varying degrees, it demonstrates how a set of metonymic principles may lend a certain systematicity to experientially grounded processes of gestural abstraction and enaction. Introducing visuo-kinetic signs as an umbrella term for co-speech gestures and signed languages, the paper shows how a frame-based approach to gesture may integrate different cognitive/functional linguistic and semiotic accounts of (...) metonymy (e.g., experiential domains, frame metonymy, contiguity, and pragmatic inferencing). The guiding assumption is that gestures metonymically profile deeply embodied, routinized aspects of familiar scenes, that is, the motivating context of frames. The discussion shows how gestures may evoke frame structures exhibiting varying degrees of groundedness, complexity, and schematicity: basic physical action and object frames; more complex frames; and highly abstract, complex frame structures. It thereby provides gestural evidence for the idea that metonymy is more basic and more directly experientially grounded than metaphor and thus often feeds into correlated metaphoric processes. Furthermore, the paper offers some initial insights into how metonymy also seems to induce the emergence of schematic patterns in gesture which may result from action-based and discourse-driven processes of habituation and conventionalization. It exemplifies how these forces may engender grammaticalization of a basic physical action into a gestural marker that shows strong metonymic form reduction, decreased transitivity, and interacting pragmatic functions. Finally, addressing basic metonymic operations in signed lexemes elucidates certain similarities regarding sign constitution in gesture and sign. English and German multimodal discourse data as well as German Sign Language (DGS) are drawn upon to illustrate the theoretical points of the paper. Overall, this paper presents a unified account of metonymy’s role in underpinning forms, functions, and patterns in visuo-kinetic signs. (shrink)

Research from behavioural sciences shows that people reach decisions in a much less rational and well-considered way than was often assumed. The doctrine of informed consent, which is an important ethical principle and legal requirement in medical practice, is being challenged by these insights into decision-making and real-world choice behaviour. This article discusses the implications of recent insights of research on decision-making behaviour for the informed consent doctrine. It concludes that there is a significant tension between the often non-rational choice (...) behaviour and the traditional theory of informed consent. Responsible ways of dealing with or solving these problems are considered. To this end, patient decisions aids are discussed as suitable interventions to support autonomous decision-making. However, current PDAs demand certain improvements in order to protect and promote autonomous decision-making. Based on a conception of autonomy, we will argue which type of improvements are needed. (shrink)

For the first time, the reader can have a synoptic view of the reception of Pythagoras and Pythagoreanism in the Middle Ages and the Renaissance, East and West, in a multicultural perspective. All the major themes of Pythagoreanism are addressed, from mathematics, number philosophy and metaphysics to ethics and religious thought.

This study examines the relationships between a company''s emphasis on discretionary social responsibility, environment, and firm performance. It tests the proposition that environmental munificence and dynamism moderate the relationship between discretionary social responsibility and financial performance. Social responsibility was measured with a three-item scale in a sample of 62 firms using a questionnaire. Environmental munificence and dynamism were measured using archival sources as was financial performance (return on assets and return on sales). The results of moderated regression analyses and subgroup (...) analyses found a significant moderating effect of environment on the social responsibility-firm performance relationship. Discretionary social responsibility contributes to firm performance in environments that are dynamic and munificent. (shrink)

Although Aristotle (Metaphysics, Book IV, Chapter 2) was perhaps the first person to consider the part-whole relationship to be a proper subject matter for philosophic inquiry, the Polish logician Stanislow Lesniewski [15] is generally given credit for the first formal treatment of the subject matter in his Mereology.1 Woodger [30] and Tarski [24] made use of a specific adaptation of Lesniewski's work as a basis for a formal theory of physical things and their parts. The term 'calculus of individuals' was (...) introduced by Leonard and Goodman [14] in their presentation of a system very similar to Tarski's adaptation of Lesniewski's Mereology. Contemporaneously with Lesniewski's development of his Mereology, Whitehead [27] and [28] was developing a theory of extensive abstraction based on the two-place predicate, 'x extends over y\ which is the converse of 'x is a part of y\ This system, according to Russell [22], was to have been the fourth volume of their Pήncipia Mathematica, the never-published volume on geometry. Both Lesniewski [15] and Tarski [25] have recognized the similarities between Whitehead's early work and Lesniewski's Mereology. Between the publication of Whitehead's early work and the publication of Process and Reality [29], Theodore de Laguna [7] published a suggestive alternative basis for Whitehead's theory. This led Whitehead, in Process and Reality, to publish a revised form of his theory based on the two-place predicate, 'x is extensionally connected with y\ It is the purpose of this paper to present a calculus of individuals based on this new Whiteheadian primitive predicate. (shrink)

In this bold, challenging book, D. S. Clarke outlines reasons for accepting panpsychism and defends the doctrine against its critics.

‘‘Post-normal science’’ has received much attention in recent years, but like many iconic concepts, it has attracted differing conceptualizations, applications, and implications, ranging from being a ‘‘cure-all’’ for democratic deficit to the key to achieving more sustainable futures. This editorial article introduces a Special Issue that takes stock of research on PNS and critically explores how such research may develop. Through reviewing the history and evolution of PNS, the authors seek to clarify the extant definitions, conceptualizations, and uses of PNS. (...) The authors identify five broad areas of research on, or using, PNS which have developed over four decades. Their analysis suggests that the 1990s represent a symbolic watershed in the use of PNS terminology, when the concept was further developed and applied to highly complicated issues such as climate change. The authors particularly distinguish between uses of PNS as a normative prescription and as a practical method. Through this classification, they set out gaps and research questions arising. They then briefly summarize the Special Issue articles and consider their relationship to each other and the research questions raised by their analysis. They conclude by considering what the articles in this issue suggest for future theory building in PNS and related scholarship. (shrink)

Sociological explanations of racism tend to concentrate on the structures and dynamics of modern life that facilitate discrimination and hierarchies of inequality. In doing so, they often fail to address why racial hatred arises (as opposed to how it arises) as well as to explain why it can be so visceral and explosive in character. Bringing together sociological perspectives with psychoanalytic concepts and tools, this text offers a clear, accessible and thought-provoking synthesis of varieties of theory, with the aim of (...) clarifying the complex character of racism, discrimination and social exclusion in the contemporary world. (shrink)

The automatic prediction of court case judgments using Deep Learning and Natural Language Processing is challenged by the variety of norms and regulations, the inherent complexity of the forensic language, and the length of legal judgments. Although state-of-the-art transformer-based architectures and Large Language Models (LLMs) are pre-trained on large-scale datasets, the underlying model reasoning is not transparent to the legal expert. This paper jointly addresses court judgment prediction and explanation by not only predicting the judgment but also providing legal experts (...) with sentence-based explanations. To boost the performance of both tasks we leverage a legal named entity recognition step, which automatically annotates documents with meaningful domain-specific entity tags and masks the corresponding fine-grained descriptions. In such a way, transformer-based architectures and Large Language Models can attend to in-domain entity-related information in the inference process while neglecting irrelevant details. Furthermore, the explainer can boost the relevance of entity-enriched sentences while limiting the diffusion of potentially sensitive information. We also explore the use of in-context learning and lightweight fine-tuning to tailor LLMs to the legal language style and the downstream prediction and explanation tasks. The results obtained on a benchmark dataset from the Indian judicial system show the superior performance of entity-aware approaches to both judgment prediction and explanation. (shrink)