This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

Un invito a vedere nella vita e nelle opere di don Sturzo delle risposte alle difficoltà del mondo attuale, approfondendo le ragioni di un impegno cristiano per il recupero della dimensione etica dell’economia, della politica e delle istituzioni.

Let ‘semantic relevance’ be the thesis that the wide semantic properties of representational mental states (like beliefs and desires) are causally relevant to behavior. A popular way of arguing for semantic relevance runs as follows: start with a sufficient counterfactual condition for causal or explanatory relevance, and show that wide semantic properties meet it with respect to behavior (e.g., Loewer & Lepore (1987,1989), Rescorla (2014), Yablo (2003)).This paper discusses an in‐principle limitation of this strategy: even the most sophisticated counterfactual criteria (...) systematically misclassify irrelevant properties as relevant when they stand in certain kinds of modal co‐variation or ‘entanglement’ relations to genuinely relevant properties. This entanglement problem, I argue, is more general and more serious than proponents of the counterfactual strategy have recognized: it threatens recent interventionist arguments for semantic relevance, and is not easily solved by appeal to proportionality or naturalness. I end by suggesting that proponents of semantic relevance may need to shift their attention from patterns of counterfactuals to the lawful psychological generalizations that explain them. (shrink)

At the outset of an ethnographic inquiry, we navigated national and international resources to search for theoretical and practical guidance on obtaining parents and children’s informed consent/assent. While much theoretical guidance debating ethical issues to children’s participation in research was found, a paucity of published papers offering practical guidance on assent processes and/or visual representations of child assent forms and information sheets was discovered. The purpose of this article is to describe our experiences, both theoretically and practically, of negotiating the (...) process of obtaining informed consent and assent with parents and children for a non-therapeutic qualitative research study. We hope this article instigates a platform for others to explicate their experience and contributes to the construction of a coherent body of knowledge which will clearly delineate important elements that must be considered when negotiating children’s agreement to participate in research. (shrink)

In this paper, we examine the scientific, legal, and ethical foundations for inclusion of transgender women athletes in competitive sport, drawing on IOC principles and relevant Court of Arbitration for Sport decisions. We argue that the inclusion of trans athletes in competition commensurate with their legal gender is the most consistent position with these principles of fair and equitable sport. Biological restrictions, such as endogenous testosterone limits, are not consistent with IOC and CAS principles. We explore the implications for recognizing (...) that endogenous testosterone values are a ‘natural physical trait’ and that excluding legally recognized women for high endogenous testosterone values constitutes discrimination on the basis of a natural physical trait. We suggest that the justificatory burden for such prima facie discrimination is unlikely to be met. Thus, in place of a limit on endogenous testosterone for women, we argue that ‘legally recognized gender’ is most fully in line with IOC and CAS principles. (shrink)

many symbols. We define o, as the probability that an arbitrary machine be circular and we prove that o, is a random number that goes beyond..

It is commonly thought that that the best system account of lawhood ((Mill (1843), Ramsey (1978)[fp. 1928], Lewis (1973)) makes available a nice explanation for why laws are ‘distinctively appropriate targets of scientific inquiry’ (Hall, 2015). The explanation takes the following general form: laws are especially valuable for agents like us because they efficiently encode a lot of valuable (non-nomic) information in a tractable format. The goal of this paper is to challenge this style of explanation: I argue that the (...) general principle it presupposes is in conflict with our best account of practical rationality. After considering and rejecting a number of proposals for dissolving the tension, I conclude that BSA proponents may need to scale back the explanatory ambitions of their theory; in particular, they may need to give up the hope of non-circular explanations of the value of nomic information. I end by outlining some challenges for the humean world-view that results after this shift. (shrink)

Roger Ames and François Jullien are eminent scholars writing on ancient Chinese thought, yet they have followed quite different paths in their academic research. In this paper I will argue that, although their styles, theories and motivations are sometimes dramatically different, both authors share an interest in combining philosophy and sinology in an effort to unveil the existence of a radical contrast between China and the West. I will explain that language is at the center of the affirmation of Chinese (...) otherness, insofar as it is seen as a reflection of the processual inclinations of ancient China. Thus, Ames and Jullien have developed a hybrid Chinese-Western language that seeks to bridge East and West, while at the same time respecting the boundaries and preserving the strangeness of both traditions. (shrink)

O tema “predicado no sujeito” (praedicatum inest subjecto) constitui-se em um importante fundamento na filosofia de Leibniz, na medida em que esta noção organiza do ponto de vista lógico, várias questões da filosofia leibniziana, como a lógica, a linguagem, a epistemologia e a metafísica. Nesse texto, trataremos dessa noção a partir de uma leitura metafísica da substância em Leibniz, que busca dar o máximo de realidade possível aos seres criados por Deus. O ser, na dimensão do sujeito e de suas (...) qualidades, não apenas são o resultado do decreto divino, mas se apresentam ao mundo em uma configuração racional, que ao mesmo tempo, garante e, sua ontologia, a sua identidade e sua diferença. Nossa investigação envereda pela leitura do praedicatum inest subjecto nesse caminho. (shrink)

Machine generated contents note: Chapter 1 -- The Prison of the Known -- Chapter 2 -- Can We Live without Conflict? -- Chapter 3 -- The Meaning of Dialogue -- Chapter 4 -- Practice and Solidarity: We Are the World -- Chapter 5 -- Science and the Religious Mind -- Chapter 6 -- A Call for Active Being: Being at Home in the World.

We live in dangerous times, ruled by the imperatives of what Hannah Arendt calls “the catastrophic interiority of the selfish I” 1 which threatens the planet and the survival of humanity. But I believe, nevertheless, that it is possible to reinvent the world since, by and large, it is evident that its shape reflects our notions of reality and value, the way we weave together the various strands of existence. Antonio Gramsci may have had something like this in mind when (...) he wrote that it is only by “the conquest of greater consciousness” that we will be able to bring a different kind of culture into being because, “man is above all spirit,” a creature, that is, with imagina- tion, the ability to reconfigure the way we see ourselves and the world. Just as importantly, he argues that this may mean returning to some things we once knew but have now forgotten or ignored. Poetry or, to be more accurate, poetic ways of seeing, may be one of these things, to the extent that it generates ways of seeing beyond the merely rational. In this essay I therefore want to explore the work of Judith Wright and the ways in which it explores the possibilities of being ‘true to the earth’. 2. (shrink)

This paper deals with epistemological and methodological complexities in gender studies, when applied to the social movements of indigenous and peasant women in rural Mexico. Their problems, actions, achievements, projects and utopia, allow the appropriation and redefinition of concepts from local ..

It’s relatively easy to say that the debates about whether trans and intersex women athletes deserve full and equal inclusion in women’s sport is a contentious contemporary issue. I’ve already argued for the legal, ethical, and scientific basis for full and equal inclusion of trans and intersex women in women’s sport. In this paper, I want to analyze what I take to be a representative selection of recent arguments against full and equal inclusion of trans and intersex women in women’s (...) sport. In short, these arguments tend to be based on mere assumption, unsupported “common sense,” straw arguments, fallacious question begging, and a number of hypotheticals and unsupported counterfactuals rather than established fact. Essentially, they’re based on a lot of “ifs.”. (shrink)

Background:Ethical competence in nursing practice helps clinical nurses to think critically, analyse issues, make ethical decisions, solve ethical problems and behave ethically in their daily work. Thus, ethical competence contributes to the promotion of high-quality care. However, studies on ethical competence in Malawi are scanty.Objectives:The aim of this study was to explore ethical competence among clinical nurses in selected hospitals in Malawi.Methodology:A cross-sectional survey was conducted in four selected hospitals in Malawi with a sample of 271 clinical nurses. Data were (...) collected using self-administered questionnaires, which included a Moral Competence Scale for Home Care Nurses. Descriptive statistics and logistic regression were computed for the dataset using STATA version 12.0.Ethical consideration:The study protocol complied with all ethical requirements and was approved by the College of Medicine Research Ethics Committee under the University of Malawi.Results:The clinical nurses in Malawi are ethically competent. However, there is a significantly high number (p 0.05). Three determinants of high ethical competence level (strong will, judgement skills and recognition of discrepancy of intention) were identified through a reduced model after stepwise logistic regression analysis. Furthermore, results show that indicators of ethical competence include caring, confidentiality and observance of nurses dressing code. The study has also confirmed that the Moral Competence Scale for Home Care Nurses is a reliable tool to assess ethical competence in low-resource settings.Conclusion:The majority of nurses who completed the survey had low ethical competence. However, clinical nurses with high ethical competence level are required to competently manage complex ethical challenges in health facilities. Strategies for enhancing ethical competence such as continuing ethics education, establishment of ethics committees and provision of supportive supervision are recommended to enable nurses in Malawi attain a high level of ethical competence. (shrink)

The decolonial theory understands that Western Modernity keeps imposing itself through a triple mutually reinforcing and shaping imprisonment: coloniality of power, coloniality of knowledge, and coloniality of being. Technical design has an essential role in either maintaining or overcoming coloniality. In this article, two main approaches to decolonizing the technical design are presented. First is Yuk Hui’s and Ahmed Ansari’s proposals that, revisiting or recovering the different histories and philosophies of technology produced by humankind, intend to decolonize the minds of (...) philosophers and engineers/architects/designers as a pre-condition for such decolonial designs to take place. I call them top-down approaches. Second is some technical design initiatives that, being developed alongside marginalized/subalternate people, intend to co-construct decolonial sociotechnical solutions through a committed, decolonizing, and careful dialog of knowledge. I call them bottom-up approaches. Once that is done, the article’s second half derives ontological, epistemological, and political consequences from the conjugation of top-down and bottom-up approaches. Such consequences challenge some established or not yet entirely overcome understandings in the philosophy of technology and, in so doing, are meant to represent some steps in PT’s decolonization. Even though both top-down and bottom-up approaches are considered, the article’s main contributions are associated with decolonial technical design practices, whose methodologies and outcomes are important study cases for PT and whose practitioners can be taken as inspiring examples for philosophers who want to decolonize/enlarge PT or make it decolonial. (shrink)

Abstract:Brain–computer interfaces (BCIs) can enable communication for persons in severe paralysis including locked-in syndrome (LIS); that is, being unable to move or speak while aware. In cases of complete loss of muscle control, termed “complete locked-in syndrome,” a BCI may be the only viable solution to restore communication. However, a widespread ignorance regarding quality of life in LIS, current BCIs, and their potential as an assistive technology for persons in LIS, needlessly causes a harmful situation for this cohort. In addition (...) to their medical condition, these persons also face social barriers often perceived as more impairing than their physical condition. Through social exclusion, stigmatization, and frequently being underestimated in their abilities, these persons are being locked out in addition to being locked-in. In this article, we (1) show how persons in LIS are being locked out, including how key issues addressed in the existing literature on ethics, LIS, and BCIs for communication, such as autonomy, quality of life, and advance directives, may reinforce these confinements; (2) show how these practices violate the United Nations Convention on the Rights of Persons with Disabilities, and suggest that we have a moral responsibility to prevent and stop this exclusion; and (3) discuss the role of BCIs for communication as one means to this end and suggest that a novel approach to BCI research is necessary to acknowledge the moral responsibility toward the end users and avoid violating the human rights of persons in LIS. (shrink)

The introduction of new medical treatments based on invasive technologies has often been surrounded by both hopes and fears. Hope, since a new intervention can create new opportunities either in terms of providing a cure for the disease or impairment at hand; or as alleviation of symptoms. Fear, since an invasive treatment involving implanting a medical device can result in unknown complications such as hardware failure and undesirable medical consequences. However, hopes and fears may also arise due to the cultural (...) embeddedness of technology, where a therapy due to ethical, social, political and religious concerns could be perceived as either a blessing or a threat. While Deep Brain Stimulation (DBS) for treatment resistant depression (TRD) is still in its cradle, it is important to be proactive and try to scrutinize both surfacing hopes and fears. Patients will not benefit if a promising treatment is banned or avoided due to unfounded fears, nor will they benefit if DBS is used without scrutinizing the arguments which call for caution. Hence blind optimism is equally troublesome. We suggest that specificity, both in terms of a detailed account of relevant scientific concerns as well as ethical considerations, could be a way to analyse expressed concerns regarding DBS for TRD. This approach is particularly fruitful when applied to hopes and fears evoked by DBS for TRD, since it can reveal if our comprehension of DBS for TRD suffer from various biases which may remain unnoticed at first glance. We suggest that such biases exist, albeit a further analysis is needed to explore this issue in full. (shrink)

As críticas de Newton e Voltaire endereçadas à negação do vazio por parte de Descartes compartilham uma estrutura básica: ambos parecem concordar que tal tese cartesiana conduz a implicações indesejáveis tanto no campo da mecânica, quanto no que diz respeito à teologia. Entretanto, embora Newton admita as implicações teológicas da negação do vazio, elas não constituem o fim último de sua crítica, o que parece ocorrer na crítica de Voltaire. Ao contrário, os argumentos newtonianos para assumir o vazioencontram na mecânica (...) não apenas um campo de prova; eles constituem uma parte importante da fundamentação de um dos pilares do newtonianismo: o espaço absoluto. (shrink)

La 4e de couverture indique : "Du Mutterrecht, l'oeuvre majeure de Bachofen, Walter Benjamin écrivait qu'il s'agissait d'une « prophétie scientifique ». De prime abord, il s'agit là d'une étrange définition pour un ouvrage qui, loin de se tourner vers l'avenir et d'en délinéer les formes, explore les confins du passé pour esquisser, par le biais de l'étude des mythes, le contour de l'origine de nos sociétés. La pensée de Bachofen est prophétique car révolutionnaire, et par là même porteuse de (...) fruits pour l'avenir. Il a en effet avancé une thèse bouleversante : les premières sociétés humaines auraient été régies par un droit maternel, l'organisation patriarcale n'étant qu'une forme plus avancée, certes, mais plus tardive de l'évolution spirituelle et sociale de l'humanité. Sa pensée permet ainsi de réfléchir à la prégnance de l'opposition masculin/féminin, maternel/paternel dans les fondements mêmes de nos sociétés, mais aussi de considérer l'importance que la notion d'origine, et la représentation, pour erronée qu'elle soit, qui en est faite, revêt pour la construction et le maintien de la société et de ses structures. C'est bien là une réflexion avec laquelle, aux dires de Bachofen lui-même, « on n'est pas prêt d'en finir ».". (shrink)

Dans la pensée de Walter Benjamin, le mythe est-il seulement une source de danger et de séduction contre laquelle l'homme moderne devrait se protéger à tout prix? Par une approche qui convoque la philosophie, l'anthropologie et la sociologie, ce livre montre que la réponse à cette question est loin d'être tranchée. Le diagnostic que, au fil de ses oeuvres, Benjamin dresse sur l'appauvrissement de l'expérience moderne est de fait indissociable du problème posé par le mythe, en tant que porteur d'un (...) savoir que la modernité ne sait plus reconnaître et encore moins accepter. La confrontation avec Scholem et Kafka indique que, pour Benjamin, ce savoir relève du langage et participe de ce récit grâce auquel l'individu peut penser son existence au sein d'une histoire commune, d'une tradition avec laquelle la modernité semble toutefois vouloir en finir. (shrink)

Este artigo visa introduzir a noção de dramatização em Gilles Deleuze. Trata-se da subversão das clássicas perguntas metafísicas que justificam as essências e as idéias. Uma distribuição de diferenças determina a atualização das idéias. O método de dramatização envolve processos de diferenciação. Diferenças internas, relativas a blocos de espaço-tempo criam condições para os conceitos. Um campo intensivo e diferencial de forças faz emergir um teatro especial de virtualidades e uma expressividade das idéias. A realidade não é dada , mas dramatizada (...) por forças não individuais e subjetividades larvares. O método de dramatização está aquém do conhecimento e até mesmo de toda consolidação que a filosofia ganha com os conceitos. O artigo procurará ainda indicar os vínculos da dramatização com os mundos incompossíveis de Leibniz e com o cinema de David Lynch. (shrink)

The article discusses a relatively obscure but significant aspect of work of the Russian and Soviet thinker Alexander Bogdanov—his science fiction novels. The author points out that, using the form...

O objetivo deste artigo é apresentar uma argumentação sobre a possibilidade de se pensar a justiça como uma experiência do i m possível. Parte-se da distinção derridiana entre justiça e direito. Essa distinção trará algumas implicações no que tradicionalmente é entendido como ética. Partindo do jogo ou da différance marcada entre a presença/ausência, pretende-se estabelecer um ponto de diálogo entre Derrida e Levinas. O ponto de aproximação é a questão do terceiro na relação do face a face. Nesse sentido, problematiza-se (...) se a desconstrução pode ser adotada como um possível modo filosófico que fundamente a compreensão da justiça. (shrink)

This article proposes a cost-benefit analysis of argumentation, with the aim of highlighting the strategic considerations that govern the agent's decision to argue or not. In spite of its paramount importance, the topic of argumentative decision-making has not received substantial attention in argumentation theories so far. We offer an explanation for this lack of consideration and propose a tripartite taxonomy and detailed description of the strategic reasons considered by arguers in their decision-making: benefits, costs, and dangers. We insist that the (...) implications of acknowledging the strategic dimension of arguing are far-reaching, including promising insights on how to develop better argumentation technologies. (shrink)

In this article we strive to provide a detailed and principled analysis of the role of beliefs in goal processing—that is, the cognitive transition that leads from a mere desire to a proper intention. The resulting model of belief-based goal processing has also relevant consequences for the analysis of intentions, and constitutes the necessary core of a constructive theory of intentions, i.e. a framework that not only analyzes what an intention is, but also explains how it becomes what it is. (...) We discuss similarities and differences between our approach and other standard accounts of intention, in particular Bratman’s planning theory. The aim here is to question and refine the conceptual foundations of many theories of intentional action: as a consequence, although our analysis is not formal in itself, it is ultimately meant to have deep consequences for formal models of intentional agency. (shrink)