We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through the (...) analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis. (shrink)

In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...) arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics. (shrink)

This article aims to evaluate the contribution of Bentham’s ideas to the jurisprudential debate in view of their relevance vis a vis their contemporary reception. The focus is on Bentham’s revolutionary idea of publicity with its spill-over effects on contemporary debates on the rule of law and accountable and transparent governance. As far as the method is concerned, after having examined Bentham’s ideas on the rule of law and the debate they raised, the focus in the second section of this (...) article is specifically on his conception of publicity. Some critical remarks then show that Bentham’s focus on publicity and transparency has been rightly interpreted in the contemporary debate as an important contribution. However, it is their justification that it is judged to be problematic. In fact, the assessment of the fundamental importance of publicity for the rule of law and transparent and accountable governance leads to a critical engagement with contemporary readings of Bentham’s scholarship, in primis that of Gerald Postema, with a development of the latter’s republican interpretation. The direction of travel that is proposed is towards a more liberal republicanism. The article not only shows how Bentham’s contribution should be revaluated in view of contemporary interpretations, but also proposes directions for further research developments according to which contemporary conceptions of regulation need to take a reflexive turn while aiming at legitimate legality at the same time. (shrink)

The debate on the argumentative turn in Public Policy and Administration (PPA), as reflective of the influence of politico-legal theory on the discipline, is reviewed with a thorough and indepth engagement with the Argumentation Theory (AT) literature. The focus in this article is in fact of a methodological nature since we argue that critical scholars - who have contributed to the general and specialized (i.e. political discourse analysis and critical contextualism) literature of AT as well as politico-legal theory - pave (...) the way to a novel methodology which will be exemplified through the analysis of the transparency concept. (shrink)

In this paper, we report on an experiment with The Walking Dead (TWD), which is a narrative-driven adventure game with morally charged decisions set in a post-apocalyptic world filled with zombies. This study aimed to identify physiological markers of moral decisions and non-moral decisions using infrared thermal imaging (ITI). ITI is a non-invasive tool used to capture thermal variations due to blood flow in specific body regions that might be caused by sympathetic activity. Results show that moral decisions seem to (...) elicit a significant decrease in temperature in the chin region 20 seconds after participants are presented with a moral decision. However, given the small sample involved, and the lack of significance in other regions, future studies might be needed to confirm the results obtained in this work. (shrink)

This study aimed to evaluate if eye blinks can be used to discriminate players with different performance in a session of Nintendo Entertainment System (NES) Tetris. To that end, we developed a state-of-the-art method for blink extraction from EAR measures, which is robust enough to be used with data collected by a low-grade webcam such as the ones widely available on laptop computers. Our results show a significant decrease in blink rate per minute (blinks/m) during the first minute of playing (...) Tetris. After having defined 3 groups of proficiency based on in-game performance (Novices, Intermediates, and Experts) we found out that expert players display a significantly lower decrease in blinks/m compared to novices during the first minute of gameplay, which shows that Tetris players' proficiency can be detected by looking at eye blinks/m variations during the early phase of a game session. This difference in blinks/m is observed throughout the entire game session, which supports the general conclusion that proficient Tetris players have a lower decrease in blinks/m, even when playing more difficult levels. Finally, we offer some interpretations of this effect and the relationship that our results may have with the visual cognitive workload experienced during the gameplay. (shrink)

Uno dei principali problemi nello studio della mente e della sua "collocazione" consiste nell'identificazione del corretto Livello di Astrazione a cui le varie descrizioni fenomeniche e le corrispondenti ipotesi esplicative possono essere sviluppate e confrontate. L'articolo contribuisce all'attuale dibattito metodologico in filosofia della mente analizzando due nozioni fondative, quella di modello e quella di simulazione, sulla base del concetto di Livello di Astrazione. L'ambito è quello del Metodo delle Astrazioni, proposto in Floridi e Sanders [2003]. Il Metodo delle Astrazioni si (...) basa su una particolare branca dell'informatica teorica, quella dei Metodi Formali (Roever e Engelhardt [1998]; Woodcock e Davies [1996]), dove la matematica discreta è utilizzata per descrivere analiticamente le specifiche del comportamento di sistemi che elaborano informazioni. I sistemi sono descritti in termini di osservabili e regole di transizione, cioè come sistemi di transizione. Le descrizioni comportano l'utilizzo di variabili che rappresentano osservabili nella realtà, astraendo da altri eventuali osservabili. L'idea di fondo del Metodo delle Astrazioni è che tale processo di filtraggio sia ineliminabile in qualsiasi accesso alla realtà. Il tentativo di sondare un sistema in maggiore profondità produce una maggiore astrazione delle teorie e degli oggetti teorici che descrivono tale sistema. Il Metodo delle Astrazioni si presenta quindi come uno strumento per organizzare e chiarificare le varie teorie che intendono fornire una spiegazione della realtà o della conoscenza. La principale tesi dell'articolo è che "modello" e "simulazione" non possano essere pensati come nozioni a sé stanti, ma che la loro natura possa essere chiarita nei termini di tipi di relazioni tra sistemi di transizione. Nello specifico, si argomenta che la relazione di simulazione è una relazione tra gli osservabili di sistemi di transizione, mentre il modello è una relazione tra le regole di transizione di questi sistemi. Dati questi due nuovi tipi di relazioni, è possibile arricchire con ulteriori strutture di analisi il Metodo delle Astrazioni, estendendo la sua applicabilità. Queste strutture sono discusse nell'articolo come "Reti di Astrazione". (shrink)

In this study, we predict the different levels of performance in a Nintendo Entertainment System (NES) Tetris session based on the score and the number of matches played by the players. Using the first 45 seconds of gameplay, a Random Forest Classifier was trained on the five keys used in the game obtaining a ROC_AUC score of 0.80. Further analysis revealed that the number of down keys (forced drop) and the number of left keys (left translation) are the most relevant (...) keys in this task, showing that by merely including the data from these two keys our Random Forest Classifier reached a ROC_AUC score of 0.83.We conclude that the keylogger data during the early phases of a game session can be successfully used to predict performance in longer sessions of Tetris. (shrink)

La convinzione che la corretta comprensione della filosofia di Giordano Bruno sia imprescindibile dal tempo e dal luogo in cui il testo venne scritto è il principio ispiratore dell’originale metodo di ricerca di Guido del Giudice. Questa antologia, che raccoglie per la prima volta tutte le epistole dedicatorie delle opere latine, giunge a coronamento di un lavoro decennale dell’autore.

In this study, we extracted facial action units (AUs) data during a Hearthstone tournament to investigate behavioural differences between expert, intermediate, and novice players. Our aim was to obtain insights into the nature of expertise and how it may be tracked using non-invasive methods such as AUs. These insights may shed light on the endogenous responses in the player and at the same time may provide information to the opponents during a competition. Our results show that player expertise may be (...) characterised by specific patterns in facial expressions. More specifically, AU17 (chin raiser), AU25 (lips apart), and AU26 (jaws drop) intensity responses during gameplay may vary according to players' expertise. Such results were obtained by training a random forest classifier to test whether we can use these three AUs alone to accurately detect players' expertise. The classifier reached 0.75 accuracy on 5-fold cross-validation, after balancing the class weights, and 0.85 after having applied the Synthetic Minority Over-sampling Technique (SMOTE) function. These results suggest that AUs can be effectively used to discriminate different levels of expertise in competitive video game players. (shrink)

In this study, we analyzed the blinking behavior of players in a video game tournament. Our aim was to test whether spontaneous blink patterns differ across levels of expertise. We used blink rate, blink duration, blink frequency, and eyelid movements represented by the Eye Aspect Ratio (EAR) to train a machine learning classifier to discriminate between different levels of expertise. Classifier performance was highly influenced by features such as the mean, standard deviation and median EAR. Moreover, further analysis suggests that (...) blinking rate and blink duration are likely to increase along with the level of expertise. We speculate this may be indicative of a reduction in cognitive load and lowered stress of expert players. In general, our results suggest that EAR and blink patterns can be used to identify different levels of expertise of video game players. (shrink)

In this paper we introduce three methods to approach philosophical problems informationally: Minimalism, the Method of Abstraction and Constructionism. Minimalism considers the specifications of the starting problems and systems that are tractable for a philosophical analysis. The Method of Abstraction describes the process of making explicit the level of abstraction at which a system is observed and investigated. Constructionism provides a series of principles that the investigation of the problem must fulfil once it has been fully characterised by the previous (...) two methods. For each method, we also provide an application: the problem of visual perception, functionalism, and the Turing Test, respectively. (shrink)

In this article we analyse the problem of emergence in its diachronic dimension. In other words, we intend to deal with the generation of novelties in natural processes. Our approach aims at integrating some insights coming from Whitehead’s Philosophy of the Process with the epistemological framework developed by the “autopoietic” tradition. Our thesis is that the emergence of new entities and rules of interaction (new “fields of relatedness”) requires the development of discontinuous models of change. From this standpoint natural evolution (...) can be conceived as a succession of emergences — each one realizing a novel “extended” present, described by distinct models — rather than as a single and continuous dynamics. This theoretical and epistemological framework is particularly suitable to the investigation of the origin of life, an emblematic example of this kind of processes. (shrink)

On the basis of the conception of aesthetic imagination derived from evolutionary psychology, cognitive psychology, and social cognitive neuroscience, today it is possible - and more appropriate - to invert the traditional view of anthropologists and archeologists that conceives the arts (from the early pre-historic arts) as mere instruments supporting religious beliefs, practices, and rituals.