The 2013 Rostock Symposium on Systems Biology and Bioinformatics in Aging Research was again dedicated to dissecting the aging process using in silico means. A particular focus was on ontologies, as these are a key technology to systematically integrate heterogeneous information about the aging process. Related topics were databases and data integration. Other talks tackled modeling issues and applications, the latter including talks focussed on marker development and cellular stress as well as on diseases, in particular on diseases of kidney (...) and skin. (shrink)

Despite the recent proliferation of scientific, clinical, and narrative accounts of auditory verbal hallucinations, the phenomenology of voice hearing remains opaque and undertheorized. In this article, we outline an interdisciplinary approach to understanding hallucinatory experiences which seeks to demonstrate the value of the humanities and social sciences to advancing knowledge in clinical research and practice. We argue that an interdisciplinary approach to the phenomenology of AVH utilizes rigorous and context-appropriate methodologies to analyze a wider range of first-person accounts of AVH (...) at 3 contextual levels: cultural, social, and historical; experiential; and biographical. We go on to show that there are significant potential benefits for voice hearers, clinicians, and researchers. These include informing the development and refinement of subtypes of hallucinations within and across diagnostic categories; “front-loading” research in cognitive neuroscience; and suggesting new possibilities for therapeutic intervention. In conclusion, we argue that an interdisciplinary approach to the phenomenology of AVH can nourish the ethical core of scientific enquiry by challenging its interpretive paradigms, and offer voice hearers richer, potentially more empowering ways to make sense of their experiences. (shrink)

In contrast to many of his contemporaries, A. J. Ayer was an analytic philosopher who had sustained throughout his career some interest in developments in the work of his ‘continental’ peers. Ayer, who spoke French, held friendships with some important Parisian intellectuals, such as Camus, Bataille, Wahl and Merleau-Ponty. This paper examines the circumstances of a meeting between Ayer, Merleau-Ponty, Wahl, Ambrosino and Bataille, which took place in 1951 at some Parisian bar. The question under discussion during this meeting was (...) whether the sun existed before humans did, over which the various philosophers disagreed. This disagreement is tangled with a variety of issues, such as Ayer’s critique of Heidegger and Sartre, Ayer’s response to Merleau-Ponty’s critique of empiricism, and Bataille’s response to Sartre’s critique of his notion of ‘unknowing’, which uncannily resembles Ayer’s critique of Sartre. Amidst this tangle one finds Bataille’s statement that an ‘abyss’ separates English from French and German philosophy, the first recorded announcement of the analytic-continental divide in the twentieth century. (shrink)

This paper will analyze the evolution and the key aspects of René Girard’s critique of the Hegelian “struggle for recognition” and the master-slave dialectic. Through a discussion of Girard’s views on Identity, Difference, Violence, Desire and Negativity, the study will aim to highlight the philosophical uniqueness of the mimetic theory in respect to French Hegelianism and postHegelianism.

This chapter reviews four books published in 2018 which are not readily categorized as works in ‘modern European philosophy’: Gurminder K. Bhambra, Kerem Nişancloğlu, and Dalia Gebrial’s edited volume Decolonising the University, Chantal Mouffe’s For a Left Populism, Cinzia Arruzza, Tithi Bhattacharya, and Nancy Fraser’s Feminism for the 99%, and Andreas Malm’s The Progress of this Storm. Yet their uneasy relationship to this philosophy is precisely the reason they constitute a significant contribution to it. The philosophical originality and critical purchase (...) of these books proceed from the fact that each is a singular case of philosophy’s dependence on ‘non-philosophy’; each exposes the impossibility of viewing philosophy as a self-sufficient discipline. In particular, they are a timely reminder that the best political philosophy is produced through actually existing social movements to change (which ecologically now means simply saving) the world. The chapter is divided into six sections: 1. Introduction; 2. Decolonizing Philosophy: Decolonising the University; 3. Anti-Post-Politics: For a Left Populism; 4. Anti-Post-Marxism: Feminism for the 99%; 5. Anti-Postmodernism: The Progress of This Storm; 6. Conclusion. (shrink)

Kant says that there is a close affinity between the sublime and moral feelings of respect. This suggests a relatively unexplored way that aesthetic experience could be morally improving. We could come to respect persons by experiencing them as sublime. Unfortunately, this is not at all our ordinary experience of people, and it’s not clear how one would come to it. In this paper I argue that this possibility is realized in the portraits of Thomas Eakins. Through a handful of (...) specific techniques, Eakins suggests an incomparable psychological depth to the subjects of his portraits, a suggestion that causes the viewer to experience that subject as sublime in a way not unlike their experience of a vast ocean or endless abyss. -/- . (shrink)

The history of philosophy is replete with attempts at invoking rationality as a means of directing and even subduing human desire and emotion. Understood as that which moves human beings to action, desire and emotion come to be associated with human freedom and rationality as a means of curbing that freedom. Plato, for instance, takes for granted a separation between thought and action that drives a wedge between our rational ability to exercise self-discipline and the free expression of desire and (...) emotion. Hobbes, on the other hand, replaces our internal ability for rational self-control with the external authority of the political State. So long as freedom and control are pitted against one another, human beings are incapable of attaining a symbiosis of these two elements of human action so essential to realizing true democracy. Unlike Plato, John Dewey sees in democracy the greatest potential for individual and social life. The purpose of this dissertation is to demonstrate how the educational philosophy of Dewey, which culminates in an educational aesthetic, appeals to and makes the most of the symbiosis of freedom and self-control, emotion and reason. Dewey’s educational aesthetic not only offers an alternative to traditional methods of education, but also demonstrates how the goal of a democratic way of life is made feasible by means of intelligently guided self-discipline—a form of self-control guided by intelligence that is not a constraint upon freedom, but instead embodies greater opportunity for freedom. I trace the basis for this synthesis, in the social-political and pedagogical principles of John Locke and Jean-Jacques Rousseau. Both Locke and Rousseau offer educational theories that begin turning our attention toward the essential partnership required of rationality and emotion. Dewey's educational aesthetic is then considered as a response to alienating forms of education that continue to pit control and freedom against one another, and which thwart the intellectual and emotional development necessary for autonomy and democratic forms of social organization. (shrink)

The term 'fascism' continues to be very much in currency in Philippines society. To the Filipino people, its meaning is often drawn from pained memory of wholesale deprivation of democratic rights and large-scale human rights abuses. Yet, to many, the fear of fascism has still to give way to a deeper understanding of this menace. This may hold true even among those belonging to the progressive movement. One Marxist philosopher and theoretician who gave extended treatment of the issues surrounding the (...) character and conditions giving rise to fascism was Nicos Poulantzas, whose theory is employed here to interrogate the debates about fascism in the post-Marcos Philippines context. (shrink)

Este artículo retoma los criterios convergentes que debaten la configuración epistemológica de la posmodernidad en América Latina. Para ello, me valgo principalmente de los postulados de George Yúdice, Raúl Bueno y Beatriz Sarlo, quienes coinciden en formular y demostrar que todo intento de sincretizar lo que se está desarrollando en este movimiento es inadecuado. Por esa razón, será de importancia considerar este paradigma desde la filología, la etnografía, lo social y lo cultural, ya que muchos de sus componentes tendrán (...) un soporte capitalista, el cual será revelado con pormenores en el decurso de este trabajo. (shrink)

En el siguiente artículo, realizo un análisis literario en dos poemas de Consejero del lobo (1965), del escritor peruano Rodolfo Hinostroza, con la intención de que se apliquen los conceptos desarrollados por George Lakoff y Mark Johnson (investigados y trabajados por el crítico Camilo Fernández Cozman) en función de la tipología de las metáforas, que se compone de las vertientes orientacionales, ontológicas y estructurales, las cuales se infieren luego de un proceso de abstracción e identificación de nociones macro (a (...) través de las megametáforas) y significantes micro (mediante metáforas específicas). Asimismo, se explicarán las funciones de otros elementos que intervienen en este estudio, como el reconocimiento de los interlocutores, la cosmovisión que plantea el yo poético y la interdiscursividad. El objetivo de esta investigación es instaurar teóricamente los lineamientos que posibiliten la interpretación lírica de las figuras retóricas derivadas de la clasificación referida. (shrink)

Durante años, el estudio de la retórica ha incluido figuras que permiten el análisis de la poesía, como también, la creación diversificada según los múltiples estilos. Al respecto, en este artículo, se extraerá la propuesta fundamentada por Stefano Arduini, quien establece la noción de campo figurativo, como un ordenador de lineamientos subjetivos, propios del raciocinio, de la que se infieren seis subclasificaciones: la metáfora, la metonimia, la sinécdoque, la elipsis, la antítesis y la redundancia, además de los tropos internos que (...) las componen. Ante ello, se recurrirá a los planteamientos elaborados por los críticos y los teóricos de la Literatura para la confrontación hermenéutica que configuran estos conceptos difundidos por la poesía. Los autores a los que se recurrirán son Aristóteles con Retórica, Marco Fabio Quintiliano con Instituciones oratorias (1887), Pierre Fontanier con Les figures du discours (1977), George Lakoff y Mark Johnson con Metáforas de la vida cotidiana (1995), Jacques Lacan (1998), Stefano Arduini (2000), Oldřich Bĕlič (2000), Tomás Albaladejo (2008) y Camilo Rubén Fernández Cozman (2010). (shrink)

La dependencia epistemológica existente en los saberes que integran el quehacer académico, científico y socio-cultural actual hacía las diversas formas de conocer de occidente, han dado como resultado una fragmentación y discriminación epistémica entre el conocimiento científico experimental, las ciencias humanas y los saberes ancestrales y culturales. El presente artículo “diálogo de saberes en las ciencias humanas”, tiene como objetivo indagar acerca de los imaginarios sobre los distintos tipos de saberes que integran el quehacer académico, científico y sociocultural con la (...) finalidad de diagnosticar los estados actuales de la ciencia para su revalorización. Para cumplir con este propósito se aborda la problemática sobre la fragmentación de los saberes en el quehacer académico y científico contemporáneo, a través de un estudio bibliográfico y hermenéutico de textos de filósofos sobre el tema así como el análisis de los datos obtenidos de la encuesta elaborada especialmente para este trabajo. El problema que se aborda está relacionado con la tendencia academicista actual de considerar como conocimiento científico únicamente a aquello que puede ser comprobado experimentalmente; evidenciando con ello una clara fragmentación y discriminación epistémica entre conocimiento científico experimental, ciencias humanas y saberes ancestro culturales. (shrink)

Este artículo incluye el concepto de hermenéutica para hacer referencia a los estudios críticos efectuados sobre La ciudad y los perros de Mario Vargas Llosa. Para ello, me baso en la propuesta comprendida por Hans-Georg Gadamer en su libro Verdad y método. Para esta ocasión, este enfoque pormenoriza las variantes que configuran la identidad de los protagonistas (el Jaguar, el Poeta y el Esclavo); principalmente, cuando la violencia es un elemento indispensable para definirlos. La exégesis expuesta en este trabajo considera (...) tres planteamientos a partir de la novela: la constitución individualizada, pesimista y condicionada a los postulados del estado de la cuestión. En ese sentido, la intención de esta investigación es sistematizar esta obra literaria mediante los componentes propicios para la consolidación de esta epistemología filosófica de reconstrucción e incorporación de fundamentos de la crítica literaria que explican y contrastan el objeto de análisis. (shrink)

The term “thematic analysis” abounds in research articles and appears in the titles of books, without the authors of these writings being primarily concerned with defining what thematic analysis is. Thematic analysis is present in the current vocabulary of several disciplines and is presented as a working method of choice in psychology, sociology, or linguistics, to name but a few. This article seeks to situate thematic analysis in the thinking of Holton Gerald, who introduced it into the philosophy of science (...) as a rational approach that can account for scientific discovery and progress. The aim of this article is to see whether the attested interdisciplinary interest nature of thematic analysis argues in favour or against Holton’s claim of making it a credible and acceptable tool in philosophy of science. (shrink)

Eli Feiring has developed a concept of forward-looking responsibility in healthcare. On this account, what matters morally in the allocation of scarce healthcare resources is not people's past behaviours but rather their commitment to take on lifestyles that will increase the benefit acquired from received treatment. According to Feiring, this is to be preferred over the backward-looking concept of responsibility often associated with luck egalitarianism. The article critically scrutinises Feiring's position. It begins by spelling out the wider implications of Feiring's (...) view. Against this background, it shows that (i) Feiring's distinction between backward-looking and forward-looking responsibility is incompatible with the Scanlonian notion of responsibility she apparently endorses; (ii) her favoured forward-looking notion of responsibility is subject to the objections levelled against the luck egalitarian view (whatever the strength of such objections). (shrink)

Should we grant a fresh start to those who come to regret their past lifestyle choices? A negative response to this question can be located in the luck egalitarian literature. As a responsibility-sensitive theory of justice, luck egalitarianism considers it just that people’s relative positions reflect their past choices, including those they regret. In a recent article, Vansteenkiste, Devooght and Schokkaert argue against the luck egalitarian view, maintaining instead that those who regret their past choices in health are disadvantaged in (...) a relevant way and should receive compensation. Employing the ideal that people should be made equal as measured by equivalent resources, they purport to show the fairness of such an arrangement through a hypothetical scenario. Relaxing the implicit assumptions of this scenario brings forth several unattractive consequences of the fresh-start idea. The main problem is that in striving to ensure that people’s past choices do not affect their own opportunities, the authors must accept that these choices put heavy strains on the opportunities available to other people. Furthermore, the luck egalitarian position is more compelling than they admit. (shrink)

Christian Munthe, David Fumagalli and Erik Malmqvist argue that well-known healthcare resource allocation principles, such as need, prognosis, equal treatment and cost-effectiveness, should be supplemented with a principle of sustainability.1 Employing such a principle would entail that the allocation of healthcare resources should take into account whether a specific allocation causes negative dynamics, which would limit the amount of resources available in the future. As examples of allocation decisions, which may have such negative dynamics, they mention those who cause a (...) lack of vaccines, anti-bioethics resistance and drug shortages. Thus, the overall thought is that we can spend and allocate healthcare resources in a certain way at t1, which means that we will have fewer resources available at a later point, t2. The authors argue that we should include a principle of sustainability to justify allocations, which avoids or diminishes the negative dynamics. The authors argue that existing principles cannot sufficiently include proper regard for how our current decisions affect future allocation decisions and, therefore, the people who need healthcare resources in the future. I am sympathetic to the developed argument and believe that the authors are correct that negative dynamics provide reasons to take our ability to meet future health needs …. (shrink)

Due to the shortage of organs, it has been proposed that the ban on organ sales is lifted and a market-based procurement system introduced. This paper assesses four prominent proposals for how such a market could be arranged: unregulated current market, regulated current market, payment-for-consent futures market, and the family-reward futures market. These are assessed in terms of how applicable prominent concerns with organ sales are for each model. The concerns evaluated are that organ markets will crowd out altruistic donation, (...) that consent to sell organs is invalid, that sellers will be harmed, and that commodification of organs will affect human relationships in a negative way. The paper concludes that the family-reward futures market fares best in this comparison but also that it provides the weakest incentive to potential buyers. There is an inverse relationship between how applicable prominent critiques are to organ market models and the increase in available organs they can be expected to provide. (shrink)

Book review: Joseph Fishkin: Bottlenecks—A New Theory of Equality of Opportunity.

Should priority in the allocation of organs be given to those who have previously donated or declared their willingness to do so? This article examines the Israeli priority rule in light of two prominent critiques of priority rules, pertaining to failure to reciprocate and unfairness. The scope and content of these critiques are interpreted from the perspective of equality of opportunity. Because the Israeli priority rule may be reasonably criticized for unfairness and failing to reward certain behaviors, the article develops (...) an adjusted priority rule, which removes and adjust the elements in the Israeli priority rule deemed problematic. However, such a priority rule is complex to the extent that it may fail to increase donation rates and furthermore introduce new concerns of fairness, as the better off may be better able to navigate the complex adjusted priority rule. (shrink)

Rare diseases pose a particular priority setting problem. The UK gives rare diseases special priority in healthcare priority setting. Effectively, the National Health Service is willing to pay much more to gain a quality-adjusted life-year related to a very rare disease than one related to a more common condition. But should rare diseases receive priority in the allocation of scarce healthcare resources? This article develops and evaluates four arguments in favour of such a priority. These pertain to public values, luck (...) egalitarian distributive justice the epistemic difficulties of obtaining knowledge about rare diseases and the incentives created by a higher willingness to pay. The first is at odds with our knowledge regarding popular opinion. The three other arguments may provide a reason to fund rare diseases generously. However, they are either overinclusive because they would also justify funding for many non-rare diseases or underinclusive in the sense of justifying priority for only some rare diseases. The arguments thus fail to provide a justification that tracks rareness as such. There are no data in this work. (shrink)

Review: Shlomi Segall (2013) Equality and opportunity.

Luck egalitarianism is often taken to task for its alleged harsh implications. For example, it may seem to imply a policy of nonassistance toward uninsured reckless drivers who suffer injuries. Luck egalitarians respond to such objections partly by pointing to a number of factors pertaining to the cases being debated, which suggests that their stance is less inattentive to the plight of the victims than it might seem at first. However, the strategy leaves some cases in which the attribution of (...) individual responsibility is appropriate . One such case is oral health or significant aspects of this. It is appropriate, the paper argues, to hold people responsible for a number of factors that affect their oral health. A luck egalitarian approach inspired by John Roemer can assess whether people have acted responsibly by comparing their choices to those of their peers. A luck egalitarian approach to oral health would recommend prioritizing scarce resources in a responsibility-weighted queuing system and include copayment and general taxation among its measures of financing. (shrink)

The late G.A. Cohen is routinely considered a founding father of luck egalitarianism, a prominent responsibility-sensitive theory of distributive justice. David Miller argues that Cohen’s considered beliefs on distributive justice are not best understood as luck egalitarian. While the relationship between distributive justice and personal responsibility plays an important part in Cohen’s work, Miller maintains that it should be considered an isolated theme confined to Cohen’s exchange with Dworkin. We should not understand the view Cohen defends in this exchange as (...) Cohen’s considered view. Accepting this thesis would change both our understanding of Cohen’s political philosophy and many recent luck egalitarian contributions. Miller’s argument offers an opportunity to reassess Cohen’s writings as a whole. Ultimately, however, the textual evidence against Miller’s argument is overwhelming. Cohen clearly considers the exchange with Dworkin to be about egalitarianism as such rather than about the best responsibility-sensitive version of egalitarianism. Furthermore, Cohen often offers luck egalitarian formulations of his own view outside of the exchange with Dworkin and uses luck egalitarianism as an independent yardstick for evaluating principles and distributions. (shrink)

In the luck egalitarian literature, one influential formulation of luck egalitarianism does not specify whether equalities that do not reflect people’s equivalent exercises of responsibility are bad with regard to inequality. This equivocation gives rise to two competing versions of luck egalitarianism: asymmetrical and symmetrical luck egalitarianism. According to the former, while inequalities due to luck are unjust, equalities due to luck are not necessarily so. The latter view, by contrast, affirms the undesirability of equalities as well as inequalities insofar (...) as they are due to luck. The symmetrical view, we argue, is by far the more compelling, both by internal luck egalitarian standards and in light of the external rightist emphasis on choice and responsibility to which luck egalitarianism may partly be seen as a response. Our main case for the symmetrical view is that when some people, against a background of equal opportunities, do not exercise their responsibility to the same degree as others, they cannot justifiably call for equalizing measures to be put in place. Indeed, such measures would be positively unfair. The symmetrical view, accordingly, rejects compensation in such cases, whereas the asymmetrical view, implausibly, enjoins it. We also examine two objections to this argument. First, that this view fails to qualify as genuinely egalitarian, instead collapsing the notion of equality into the notion of desert. Second, that the opposing asymmetrical view, in contrast to the symmetrical view, can draw support from its compatibility with sufficientarian concerns. Both objections are rebutted. We conclude that luck egalitarians are best served by endorsing the symmetrical, luck-neutralizing stance. (shrink)

According to luck egalitarianism, it is unjust if some are worse off than others through no fault or choice of their own. The most common criticism of luck egalitarianism is the ‘harshness objection’, which states that luck egalitarianism allows for too harsh consequences, as it fails to provide justification for why those responsible for their bad fate can be entitled to society's assistance. It has largely gone unnoticed that the harshness objection is open to a number of very different interpretations. (...) We present four different interpretations of the harshness objection in which the problem pertains to counterintuitive implications, badness of outcome, disproportionality, or inconsistency, respectively. We analyse and discuss appropriate luck egalitarian replies. Disentangling these different versions clarifies what is at the heart of this dispute and reveals the point of the harshness objection. We conclude that only the inconsistency version involves a durable problem for luck egalitarianism. (shrink)

The emphasis in contemporary democratic theory and in the history of political thought on the peculiarly abstract theory of popular sovereignty of Locke and his twentieth-century intellectual descendants obscures a crucial relationship between constitutional self-government and nationalism. Through a Hobbesian and Filmerian critique of Locke and an examination of the political writings of George Lawson , the article shows the necessary connections between popular sovereignty, constitutionalism and a form of national consciousness that renders concrete the otherwise abstract and airy (...) notion of the pre-political community to which government is to be held accountable, and, through amyth of national origin, memories of native traditions of self-government, and stories of heroic ancestors who successfully defended those traditions against usurpers and tyrants, gives substance to theories of constitutional government. (shrink)

Until recently one begins to speak of the “experimental philosophy” in the thought of Nietzsche. This novel way of approaching the philosopher of Röcken is due specifically to the reflections of Andreas Urs Sommer, an eminent interpreter of Nietzsche. Sommer explains the “experimental philosophy” supported by paragraph 125 of The Gay Science and goes hand in hand with an important figure in that paragraph: the madman. This article aims to explain what “experimental philosophy” is and then describe that literary artifice, (...) besides being found in paragraph 125, can be found in other texts by Nietzsche. That is to say, we will stop to analyze some texts of Thus spoke Zarathustra, fundamentally in those that are the question of the solitude. Is it possible to conclude that "experimental philosophy" can be framed in the theme of Nietzsche's solitude? The use of “experimental philosophy” can show us, as far as possible, a novel way of approaching the thoughts of the German philosopher and away from the conventional interpretation that has marked the twentieth century so profoundly. Does the philosopher really express his philosophy to us? It is a question that we intend to answer in this work. (shrink)

Rezension zu: Andreas Urs Sommer, Was bleibt von Nietzsches Philosophie?, Duncker & Humblot: Berlin 2018.

The paper deals with the question of the development of Duns Scotus’ thought on the causes of the will: is the intellect a contributory cause of the choice (as claimed in the writings of the Oxford period), or is it only an occasion for it (as stated in the last works, written in Paris)? The collatio 6, probably discussed in 1301, immediately after the arrival of the Scottish theologian in Paris, still defends the doctrine of the intellect as a contributory (...) cause of the will, and therefore represents the last text preceding the turn of Scotus towards the theory that assigns to the intellect the role of mere causa sine qua non. This theory was widespread in Paris and supported by the Master of Scotus, Gonsalvus of Spain, who probably heavily influenced the doctrinal change of Scotus. (shrink)

This paper is trying to show the significance for science history studies of the internet´s access to rare books each time more easier; it was choiced the work of one of the most important and influent mathematicians, Georg Friedrich Bernhard Riemann (1826-1866), “Oeuvres Mathématiques”, composed with published memories during Riemann´s life, and posthumously published memories and fragments. It was been analised and commented the posthumous memory about the hypothesis which serve to geometry basis, fundamental on modern sciences, as Riemann´s space (...) conception, and without it, it couldn´t be possible the exact formulation of Relativity Theory or fundamental advances on mathematics like the solving of some differential equations. It was been trying to show how the reading of an original text of the important mathematician can be rich and full of teaching through the return to his thinking origin. (shrink)

With the rising poverty in the Philippines, Filipino farm workers in Agusan del Sur faced distinctive challenges in their homes and working environment. This study aimed to discuss Filipino farm workers’ lived experiences, challenges, and coping mechanisms. Filipino farm workers shared their experiences that tapped into their psychological aspects. Mainly, the problem was stress, worry, and frustration centered on poverty and educational attainment. Some farm workers were likely unaware of the main problem that prolonged their hardships. Still, most have managed (...) to fortify their mental health. This report indicates that most Filipino farm workers in Agusan del Sur have a healthy psychological well-being. However, this statement does not change the intensity of their struggle to survive. (shrink)

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 this paper, we propose a regularity theory of causation. The theory aims to be reductive and to align with our pre‐theoretic understanding of the causal relation. We show that our theory can account for a wide range of causal scenarios, including isomorphic scenarios, omissions, and scenarios which suggest that causation is not transitive.

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)

We define a formal semantics of conditionals based on _normatively ideal worlds_. Such worlds are described informally by Armgardt (Gabbay D, Magnani L, Park W, Pietarinen A-V (eds) Natural arguments: a tribute to john woods, College Publications, London, pp 699–708, 2018) to address well-known problems of the counterfactual approach to causation. Drawing on Armgardt’s proposal, we use iterated conditionals in order to analyse causal relations in scenarios of multi-agent interaction. This results in a refined counterfactual approach to causal responsibility in (...) legal contexts, which solves overdetermination problems in an intuitively accessible manner. (shrink)

In this paper, we analyse actual causation in terms of production. The latter concept is made precise by a strengthened Ramsey Test semantics of conditionals: \ iff, after suspending judgement about A and C, C is believed in the course of assuming A. This test allows us to verify or falsify that an event brings about another event. Complementing the concept of production by a weak condition of difference-making gives rise to a full-fledged analysis of causation.

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)