Exploring informal components of clinical reasoning, we argue that they need to be understood via the analysis of professional wisdom. Wise decisions are needed where action or insight is vital, but neither everyday nor expert knowledge provides solutions. Wisdom combines experiential, intellectual, ethical, emotional and practical capacities; we contend that it is also more strongly social than is usually appreciated. But many accounts of reasoning specifically rule out such features as irrational. Seeking to illuminate how wisdom operates, we therefore build (...) on Aristotle’s work on informal reasoning. His account of rhetorical communication shows how non-formal components can play active parts in reasoning, retaining, or even enhancing its reasonableness. We extend this account, applying it to forms of healthcare-related reasoning which are characterised by the need for wise decision-making. We then go on to explore some of what clinical wise reasoning may mean, concluding with a case taken from psychotherapeutic practice. (shrink)

This book treats practical and political reasoning as an active engagement with the world and other people; it cannot be understood as exclusively cognitive and this is seen as a virtue rather than a deficiency. Informal, emotional, characterological, aesthetic and interactional aspects of thought can be constituents of reasonable arguing. The work examines key capacities connected with argumentation, in a variety of fields from professional and medical ethics to work organization and the practice of art.

This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperatives and, symmetrically, how that impact is to be considered in the application of law. Differences in ways of categorizing the world could position the cultural pre-understanding required by law, and the (...) pluralism recognized and protected by constitutional principles and human/fundamental rights discourse, at a crossroads. Hence, even when we find an illegitimacy or an ignorance about what legal rules do not explicitly state but instead implicitly presuppose, this does not exclude that behind that ignorance there may be something worthy of legal protection. A question emerges: is it legitimate and reasonable to consider the ignorantia facti resulting from differing ways of categorizing the factual world as automatically and uncritically subject to the principle ignoratia legis non excusat? The essay continues with an assessment of the possible consequences of ignorantia facti in the administration of justice in multicultural societies and migration contexts. For this purpose, the opportunity for an intercultural use of law—including within national law—will be considered as a means of avoiding the discriminatory application of ignorantia facti. This topic will be addressed by leveraging both semiotic and cultural-anthropological analytical tools, including the well-known greimasien “contrat de véridiction”. (shrink)

The many constraints of outer space experience challenge the human ability to coexist. Paradoxically, astronauts assert that on the international space station there are no conflicts or, at least, that they are able to manage their differences, behavioral as well as cognitive, in full respect of human rights and the imperatives of cooperative living. The question is: Why? Why in those difficult, a-terrestrial, and therefore almost unnatural conditions do human beings seem to be able to peacefully and collaboratively live together? (...) What is there beyond terrestrial boundary conditions that allows for such a result? And what can we learn from the astronauts’ experience about the effectiveness of human rights on Earth? My proposal is that the a-terrestrial dimension deeply alters the mind/body indexical framework and, in this way, disentangles the human inclination to semiosis from the cognitive and behavioral habits of categorization and territorialization inherent in the experience on Earth. If analyzed through the spectrum of an interdisciplinary approach involving anthropology, semiology, law, and human geography, I think that outer space enterprises can offer many insights into the cognitive and ethical/political hindrances to the effectiveness of human rights and their intercultural uses. Meanwhile the compulsive greed for a possessive territorialization of outer space and celestial bodies is growing by leaps and bounds. It haunts and imbues both astropolitics and space law. The astronauts’ semio-anthropological experience of human rights and cooperative coexistence seems to have been left in orbit. The future requires awareness and action by anthropologists, semioticians, cognitive scientists, geographers and lawyers, working all together in an interdisciplinary effort to move beyond approaching the experiential with a territorial mindset. The hope is that the “dark dream” of human exploitation/colonization of outer space will not turn from a political and legal speculation into a future reality. (shrink)

This essay, between serious and facetious, addresses an apparently secondary implication of the planetary tragedy produced by Covid-19. It coincides with the ‘problem of the veil,’ a bone of contention in Islam/West relationships. More specifically, it will address the question of why the pandemic has changed the proxemics of public spaces and the grammar of ‘living together.’ For some time—and it is not possible to foresee how much—in many countries people cannot go out, or enter any public places, without wearing (...) a sanitary mask. In short, almost all of us, by obligation or by urgent advice from the public authorities of the various countries, will not live the public sphere with our faces uncovered. The alteration of the social context affecting many Western countries will inevitably involve also the ‘local’ perception of the Islamic veil and—as a matter of equality—the consistency of the prohibition of wearing it. What will thus become of the ban on wearing it in public places established by some countries such as France and asseverated by the ECHR? If everyone can and will have to go around with their faces covered, why should only Islamic women be discriminated against? Will not the change in boundary conditions produced by Covid-19 also induce Western people to re-categorize the meaning of the veil? And will this re-categorization not directly affect the ‘fact’ of wearing the veil, that is, its empirical perception? And still, will this psycho-semantic change not show how empirical perceptions are cultural constructs rather than ‘objective facts,’ as such allegedly independent from the observer’s point of view? Consequentially, will the plurality of perceptions and cultural meanings related to the gesture of covering one’s own face not gain renewed relevance in determining the legitimacy of wearing the veil? The socio-semantic earthquake produced by Covid-19 compels us to rethink this and other issues orbiting around the translation of ‘facts’ into legal language; furthermore, it highlights the instrumentality of many ideological/partisan and ethnocentric assumptions passed off as objectivity regarding those alleged ‘facts.’ The essay will attempt to provide an answer to the above questions by proposing a semiotic-legal approach to intercultural conflicts and, indirectly, the pluralism in law. (shrink)

Recently the CJEU decision in the case of ‘Ewa Glawischnig-Piesczek v. Facebook Ireland Limited’ has raised the issue of the transcultural/trans-territorial signification of hate speech and hate crimes. Taking a cue from this decision and the related semiotic/legal implications, the paper proposes an analysis of the semio/pragmatic conditions for the production of performativity inherent in hate speech across different cultural universes of discourse. Given that web-based digital communication is global—at least, potentially—regardless of any spatial/political compartmentalization, it crosses different semio-cultural circuits. (...) This trans-spatiality implies transcultural crossings that can multiply and even transfigure the semantic implications of the original signifier and the related prognoses of ‘semantic effectiveness.’ Cultural boundaries therefore may function as a kind of ‘horizon of events’ for hate speech and, more inclusively, all linguistic acts and their legal signification/classification. The question then arises regarding whether and to what extent the performativity of hate speech is able to withstand the variation of cultural boundary conditions. Insofar as cultures are universes of experience, the issue to be investigated broadens, and ends up invoking the question of whether or not the production of performativity implicitly presupposes and tacitly epitomizes the semio-pragmatic implications/consequences (or, in Peircean terms, ‘bearings’) coextensive with cultural universes of experience. Were this the case, it would seem to call into question the very possibility of ‘making things only with words,’ or more explicitly, the alleged meaning of ‘linguistic acts.’. (shrink)

The Bible recounts that in Eden, Adam gives names to all the animals. But those names are not only representations of the animals’ nature, rather they shape and constitute it. The naming by Adam contains in itself the divide between the human and non-human. Then, there is the Fall: Adam falls and forgets Being. Though he may still remember the names he gave to the animals in Eden, he is no longer sure about their meaning. Adam will have to try (...) to remember his own intentions. Through this effort he can also become aware of how he thinks, who he is, and what was the natural order he knew before the Fall. Medieval bestiaries tell us this story. Bestiaries are works of word play populated by animal figures. They depend on back-and-forth anthropomorphization, or circular metaphor. Animal figures are portrayed as both a mirror of human nature and a window on it. Bestiaries served as means for the moral education of human beings and, at the same time, a way to criticize the current state of humanity, including political and ethical habits. Within the moral irony of medieval bestiaries we can find the origin of the invented nature that modernity will try, subsequently, to insert into natural rights discourse through the teleological oxymoron of their naturalized and naturalizing counter-factuality. I will propose a historical-semiotic journey through the ironic representations of the human-beasts from the ancient world to contemporaneity. The proposal resulting from this cultural excursion is that the words included in the many national and international Rights declarations operate much like the names Adam gave to the animals and still more as they were re-read in medieval bestiaries, both textual and musical. So, can the words of Rights still serve as musical scores, open to an infinite play of re-signification? If we were able to overcome the modern culture/nature and human being/animal dualisms, we could cast, today as in the past, a zoological gaze on human rights by means of contemporary bestiaries and, in this way, perhaps find the gist of rights’ names and our ever regained and ever lost again humanity. (shrink)

Reasoning and judgement in health care entail complex responses to problems whose demands typically derive from several areas of specialism at once. We argue that current evidence- or value-based models of health care reasoning, despite their virtues, are insufficient to account for responses to such problems exhaustively. At the same time, we offer reasons for contending that health professionals in fact engage in forms of reasoning of a kind described for millennia under the concept of wisdom. Wisdom traditions refer to (...) forms of deliberation which combine knowledge, reflection and life experience with social, emotional and ethical capacities. Wisdom is key in dealing with problems which are vital to human affairs but lack prescribed solutions. Uncertainty and fluidity must be tolerated in seeking to resolve them. We illustrate the application of wisdom using cases in psychiatry, where non-technical aspects of problems are often prominent and require more systematic analysis than conventional approaches offer, but we argue that our thesis applies throughout the health care field. We argue for the relevance of a threefold model of reasoning to modern health care situations in which multifaceted teamwork and complex settings demand wise judgement. A model based on practical wisdom highlights a triadic process with features activating capacities of the self, other and aspects of the problem itself. Such a framework could be used to develop current approaches to health care based on case review and experiential learning. (shrink)

A significant body of research concludes that stable beliefs of perceived consumer effectiveness lead to sustainable consumption choices. Consumers who believe that their decisions can significantly affect environmental and social issues are more likely to behave sustainably. Little is known, however, about how perceived consumer effectiveness can be increased. We find that feelings of guilt and pride, activated by a single consumption episode, can regulate sustainable consumption by affecting consumers’ general perception of effectiveness. This paper demonstrates the impact that guilt (...) and pride have on perceived consumer effectiveness and shows how this effect rests on the ability of these emotions to influence perceptions of agency. After experiencing guilt or pride, consumers see themselves as the cause of relevant sustainability outcomes. The process of causal attribution associated with these emotions influences consumers’ use of neutralization techniques. Through the reduction in consumers’ ability to neutralize their sense of personal responsibility, guilt and pride positively influence perceived consumer effectiveness. The inability to rationalize-away their personal responsibility, persuades consumers that they affect sustainability outcomes through their decisions. The research advances our understanding of sustainable consumption and identifies a new avenue for the regulation of individual consumer behavior that has significant implications for the development of sustainable marketing initiatives. (shrink)

Heinrich Behmann (1891-1970) obtained his Habilitation under David Hilbert in Göttingen in 1921 with a thesis on the decision problem. In his thesis, he solved - independently of Löwenheim and Skolem's earlier work - the decision problem for monadic second-order logic in a framework that combined elements of the algebra of logic and the newer axiomatic approach to logic then being developed in Göttingen. In a talk given in 1921, he outlined this solution, but also presented important programmatic remarks on (...) the significance of the decision problem and of decision procedures more generally. The text of this talk as well as a partial English translation are included. (shrink)

In this paper we investigate splitting algebras in varieties of logics, with special consideration for varieties of BL-algebras and similar structures. In the case of the variety of all BL-algebras a complete characterization of the splitting algebras is obtained.

The literature on indicative conditionals contains two appealing views. The first is the selectional view: on this view, conditionals operate by selecting a single possibility, which is used to evaluate the consequent. The second is the informational view: on this view, conditionals don’t express propositions, but rather impose constraints on information states of speakers. Both views are supported by strong arguments, but they are incompatible on their standard formulations. Hence it appears that we have to choose between mutually exclusive options. (...) But the options are not exclusive. This paper develops a theory of the semantics and assertability of conditionals that is both selectional and informational. The theory vindicates the signature inferences of both selectional and informational theories, including so-called Conditionals Excluded Middle and principles about the interplay between conditionals and ‘might’. It also predicts some interesting and puzzling facts about the assertion of conditionals. (shrink)

A growing body of literature documents the important role played by moral outrage or moral anger in stakeholders’ reactions to cases of corporate social irresponsibility. Existing research focuses more on the consequences of moral outrage than a systematic analysis of how appraisals of irresponsible corporate behavior can lead to this emotional experience. In this paper, we develop and test, in two field studies, an extended model of moral outrage that identifies the cognitions that lead to, and are associated with, this (...) emotional experience. This research contributes to the existing literature on reactions to corporate social irresponsibility by explaining how observers’ evaluation of irresponsible corporate behavior leads to reactions of moral anger. The paper also helps clarify the difference between moral outrage and other types of anger and offers useful insights for managers who have to confront public outrage following cases of irresponsible corporate behavior. Finally, the analysis of the causes of stakeholders’ anger at irresponsible corporations opens important avenues for future research that are presented in the paper. (shrink)

Natural language conditionals seem to be subject to three logical requirements: they invalidate Antecedent Strengthening, they validate so-called Simplification of Disjunctive Antecedents, and they allow for the replacement of logically equivalent clauses in antecedent position. Unfortunately, these requirements are jointly inconsistent. Conservative solutions to the puzzle drop Simplification, treating it as a pragmatic inference. I show that pragmatic accounts of Simplification fail, and develop a truthmaker semantics for conditionals that captures all the relevant data. Differently from existing truthmaker semantics, my (...) semantics extends, rather than replaces, standard possible worlds semantics. The main innovation is the notion of a truthmaker in play: this notion is cognitive, rather than metaphysical, and can be defined in a purely syntactic way. (shrink)

This paper investigates the link between informational consequence and credence. I first suggest a natural constraint, namely that informational consequence should preserve certainty: on any rational credence distribution, when the premises of an informational inferences have credence 1, the conclusion also has credence 1. Then I show that the certainty‐preserving constraint leads to triviality. In particular, the following three claims are incompatible: (i) informational consequence is extensionally distinct from classical consequence; (ii) informational inferences preserve certainty; (iii) credences obey (a subset (...) of) classical Bayesian constraints. The proof is straightforward, but the theoretical implications are substantial. Informational theorists need to either give up the idea that credence applies to epistemic discourse, or develop a nonclassical theory of credence and credal update. Moreover, the result also suggests that there is a connection between informational consequence and triviality results, including classical triviality results like Lewis's. (shrink)

Is it the task of legal semiotics or the legal philosophers to define legal semiotics? For the philosopher of law, the question recalls the distinction between philosophers’ philosophy of law and legal scholars’ philosophy of law. The thesis that the paper argues is that a semiotic legal perspective can also be sought from the analysis of anthropological knowledge on the origin of the social bond and society, implying a social and institutional theory of the mind. In the first paragraph, the (...) search for a different kind of rationality emerges from a semiotician, Jürgen Trabant, who analyses semiotically the thought of a rhetorician and philosopher of law, Giambattista Vico. In the second paragraph, the anthropological notion of social bond emerges from the debate on the relationship between the idea of the gift and that of exchange. In the third paragraph, the analysis of the legal notion of thirdness recognizes the central role of myth and fiction in the configuration of the civil world and sign, returning to Vico’s critical view of the philosophy of language as an institution of society. (shrink)

This article begins by examining the status of “difference” in representations of perspectivist cosmologies, which are themselves often represented as radically different to Euro-American cosmologi...

In this essay both the facts/values and facticity/normativity divides are considered from the perspective of global semiotics and with specific regard to the relationships between legal meaning and spatial scope of law’s experience. Through an examination of the inner and genetic projective significance of categorization, I will analyze the semantic dynamics of the descriptive parts comprising legal sentences in order to show the intermingling of factual and axiological/teleological categorizations in the unfolding of legal experience. Subsequently, I will emphasize the translational (...) and enactive cognitive disposition underlying the construction of the second premise of the so-called judiciary syllogism and thereby the untenability of the idea that ‘law makes its facts.’ Hence, I will try to bring to the fore the cultural pre-assumptions encapsulated in the positivistic and therefore also formalistic or analytical approaches to legal experience and the loss of their inner consistency when legal experience confronts the phases and major changes of global semiotics. Finally, I will strive to relativize the opposition between the positivist and non-positivistic theories of law in view of an understanding of legal experience focused not only, or at least not primarily, on what ‘law is’ but also on ‘how’ it unwinds through, and _in spite of_, environmental and semantic transformations. (shrink)

Este artículo propone un diálogo entre Norbert Lechner y José Aricó a partir del diagnóstico del primero, a fines de la década del ochenta, respecto a los ejes articuladores del debate latinoamericano entre los años sesenta y los ochenta: revolución y democracia. Se propone una discusión del esquema de Lechner a partir de intervenciones de Aricó en el período, postulando cierta continuidad en el pensamiento de Aricó entre revolución y democracia: el concepto de una democracia social avanzada y la interrogación (...) en torno al sujeto de transformación de nuestras sociedades recorre diferentes etapas de las intervenciones del cordobés, aún cuando se modifican sensiblemente las gramáticas de su producción discursiva. This paper proposes a dialogue between Norbert Lechner and José Aricó from a diagnosis of the first, in the late eighties, about the pivotal elements of Latin American debate between the sixties and eighties: revolution and democracy. We propose a discussion over a Lechner scheme, from Aricó interventions in this period, postulating some continuity in the thinking of Aricó between revolution and democracy: the concept of advanced social democracy and the question about the subject of transformation of our societies goes through different stages in his interventions, even when significantly altered the discursive production grammars. (shrink)

Pierre de Fermat is known as the inventor of modern number theory. He invented–improved many methods useful in this discipline. Fermat often claimed to have proved his most difficult theorems thanks to a method of his own invention: the infinite descent. He wrote of numerous applications of this procedure. Unfortunately, he left only one almost complete demonstration and an outline of another demonstration. The outline concerns the theorem that every prime number of the form 4n + 1 is the sum (...) of two squares. In this paper, we analyse a recent proof of this theorem. It is interesting because: it follows all the elements of which Fermat wrote in his outline; it represents a good introduction to all logical nuances and mathematical variants concerning this method of which Fermat spoke. The assertions by Fermat will also be framed inside their historical context. Therefore, the aims of this paper are related to the history of mathematics and to the logic of proof-methods. (shrink)

Aristotle's theory of truth, which has been the most influential account of the concept of truth from Antiquity onwards, spans several areas of philosophy: philosophy of language, logic, ontology and epistemology. In this 2004 book, Paolo Crivelli discusses all the main aspects of Aristotle's views on truth and falsehood. He analyses in detail the main relevant passages, addresses some well-known problems of Aristotelian semantics, and assesses Aristotle's theory from the point of view of modern analytic philosophy. In the process (...) he discusses most of the literature on Aristotle's semantic theory to have appeared in the last two centuries. His book vindicates and clarifies the often repeated claim that Aristotle's is a correspondence theory of truth. It will be of interest to a wide range of readers working in both ancient philosophy and modern philosophy of language. (shrink)

This article recounts how Neo-Scholastic international lawyers navigated the complex political landscape of the 1920s and 30s, combining universalism, nationalism and religious belief. Participating in the contemporary re-engagement of Catholics with modern politics, they re-imagined the international legal order in Catholic terms. They argued that a universal morality, overruling the extremes of state sovereignty, was the only solid basis for just and stable global legal relations. While the contribution of Catholics to the establishment of the post-war world order and the (...) rise of human rights is widely acknowledged, the interwar genealogy of these developments is not. Reading these thinkers’ universalist legal tenets in conjunction with their political trajectories provides a relevant frame to understand the moral charge characterizing international law in the early years of the Cold War. (shrink)

Past research on recruitment has shown that employer image predicts job seekers’ perceptions of organizational attractiveness. We contribute to this body of work by examining job seekers’ reactions to a market-dominant employer that has suffered from a case of corporate social irresponsibility (CSI). We show that job seekers’ reaction is buffered in the case of dominant employers’ wrongdoing. This effect is stronger for job seekers who are very interested in working in the dominant employers’ industry. Market dominance, however, reduces the (...) negative impact of CSI only under certain circumstances. We find that market dominance provides a buffer against the negative effect of CSI only when (1) CSI is directly relevant to the domain of performance of the organization and (2) job seekers feel very certain about their attitudes toward the organization. In two experiments with participants actively looking for employment at the time of study, we tested a model of moderated mediation examining how market dominance and CSI influence perceived employer ethicality and perceived employer competence. These two variables, in turn, explain how job seekers form perceptions of organizational attractiveness. This is the first study to explore how job seekers react to potential employers that are dominant in a market but have suffered from a CSI incident. The study identifies the boundary conditions that explain why sometimes market-dominant employers can emerge relatively unscathed in the eyes of job seekers following CSI. The research opens important managerial implications concerning the recruitment efforts of organizations that have suffered from CSI. (shrink)

Companies faced with a crisis sometimes blame others in their communications, when they feel that responsibility for the negative event lies elsewhere. Research has argued that stakeholders often react negatively to this type of message, because they perceive them as an unfair attempt to deny responsibility. In four experiments, examining blame directed at an employee and a supplier, we complement existing research by demonstrating that blame-giving messages can be persuasive in certain circumstances. Blame-giving communications can improve perceptions of firm ethicality (...) more than apologies or an absence of corporate communication. This effect, in turn, reduces negative word-of-mouth intentions. The study identifies several boundary conditions for this effect. For blame-giving to be effective, a credible third party needs to identify who is responsible for wrongdoing, and the company needs to use vivid communication with detailed information about the culprit. Furthermore, blame-giving can backfire: when stakeholders doubt the company’s honesty, this type of messaging is seen as manipulative. The study contributes to a developing research stream on the relative effectiveness of different types of crisis communications by demonstrating that, in certain circumstances, blame-giving messages are more persuasive than apologies. Moreover, our analysis offers guidelines on how to design these messages to make them acceptable to stakeholders. (shrink)

Due to its enormous importance, Grotius’s contract doctrine has been extensively investigated by legal historians. This paper seeks to enhance scholarly understanding of this topic by looking at commentaries on De jure belli ac pacis written by German theologians and jurists in the second half of the seventeenth century. The paper focuses on comments concerning promises: the criteria for promises that are binding under natural law; the foundations of the obligation to keep promises; error and duress; and immoral promises. Grotius’s (...) contract doctrine rested on a mélange of sources, both theological and juridical, which were not always consistent. Commentators sought to harmonise them by looking at them from different perspectives: some comments were mainly based on interpretations of ius commune texts, whereas others reflected a moral theological approach. The results drew distinctions between law and moral theology that contributed to the fragmentation of Grotius’s synthesis. (shrink)

According to the orthodox account developed by Kaplan, indexicals like I, you, and now invariably refer to elements of the context of speech. This essay argues that the orthodoxy is wrong. I, you, and the like are shifted by certain modal operators and hence can fail to refer to elements of the context, for example, I can fail to refer to the speaker. More precisely, indexicals are syntactically akin to logical variables. They can be free, in which case they work, (...) roughly, on the Kaplan model. But they can also be bound: this happens, in a systematic fashion, when they are in the scope of epistemic modals or attitude verbs. The new view has two interesting philosophical consequences. First, it vindicates a broadly Fregean perspective on referential expressions, essentially refuting the idea that indexicals are rigid designators. Second, it suggests a new picture of the interaction between context and linguistic meaning: compositional semantics does not need to look at the context and hence has no need for a context parameter. (shrink)

This paper investigates what happens when we merge two different lines of theorizing about counterfactuals. One is the comparative closeness view, which was developed by Stalnaker and Lewis in the framework of possible worlds semantics. The second is the interventionist view, which is part of the causal models framework developed in statistics and computer science. Common lore and existing literature have it that the two views can be easily fit together, aside from a few details. I argue that, on the (...) contrary, transplanting causal-models-inspired ideas in a possible worlds framework yields a new semantics. The difference is grounded in different algorithms for handling inconsistent information, hence it touches on issues that are at the very heart of a semantics for contrary-to-fact conditionals. Roughly, Stalnaker/Lewis semantics requires us to evaluate the consequent of a counterfactual at all closest antecedent-verifying possibilities. Causal-models-based semantics also does this, but in addition uses the information contained in the antecedent, together with background causal information, to shift what worlds count as closest. This makes systematically different predictions and generates a new logic. The upshot is that we have a new semantics to study, and a substantial theoretical choice to make. (shrink)