In this paper, we will motivate the application of specific rules of inference from the propositional calculus to natural language sentences. Specifically, we will analyse De Morgan’s laws, which pertain to the interaction of two central topics in syntactic research: negation and coordination. We will argue that the applicability of De Morgan’s laws to natural language structures can be derived from independently motivated operations of grammar and principles restricting the application of these operations. This has direct empirical consequences (...) for the hypothesised relations between natural language and logic. (shrink)

The main goal of this paper is to investigate the relation between the meaning of a sentence and its truth conditions. We report on a comprehension experiment on counterfactual conditionals, based on a context in which a light is controlled by two switches. Our main finding is that the truth-conditionally equivalent clauses (i) "switch A or switch B is down" and (ii) "switch A and switch B are not both up" make different semantic contributions when embedded in a conditional antecedent. (...) Assuming compositionality, this means that (i) and (ii) differ in meaning, which implies that the meaning of a sentential clause cannot be identified with its truth conditions. We show that our data have a clear explanation in inquisitive semantics: in a conditional antecedent, (i) introduces two distinct assumptions, while (ii) introduces only one. Independently of the complications stemming from disjunctive antecedents, our results also challenge analyses of counterfactuals in terms of minimal change from the actual state of affairs: we show that such analyses cannot account for our findings, regardless of what changes are considered minimal. (shrink)

Background: Several countries have recently changed their model of consent for organ donation from opt-in to opt-out. We undertook a systematic review to determine public knowledge and attitudes towards these models in Europe. Methods: Six databases were explored between 1 January 2008 and 15 December 2017. We selected empirical studies addressing either knowledge or attitudes towards the systems of consent for deceased organ donation by lay people in Europe, including students. Study selection, data extraction, and quality assessment were conducted by (...) two or more reviewers independently. Findings: Awareness of the consent model was lower in opt-out countries than in opt-in countries. A majority of the public agrees with opt-in, regardless of the law in their own country. There are ambivalent attitudes regarding the opt-out system. The public tend to prefer opt-in and mandatory choice over opt-out when several options are offered. Interpretation: The assumption that people in opt-out countries are aware of the legal requirements to be excluded from the pool of potential donors is not supported by the results of this review. This is a concern, since ignorance hinders people's autonomy regarding organ donation decision-making. Higher awareness of consent model in opt-in countries may reflect greater efforts to inform the public through campaigns to motivate donation. Legal moves towards opt-out are at odds with people's expressed preferences. Main limitations of this review are the lack of data from some countries, study population heterogeneity, and methodological shortcomings. (shrink)

The de Morgan laws characterize how negation, conjunction, and disjunction interact with each other. They are fundamental in any semantics that bases itself on the propositional calculus/Boolean algebra. This paper is primarily concerned with the second law. In English, its validity is easy to demonstrate using linguistic examples. Consider the following: (3) Why is it so cold in here? We didn’t close the door or the window. The second sentence is ambiguous. It may mean that I suppose we did (...) not close the door or did not close the window, but I am not sure which. This `I am not sure which’ reading is irrelevant to us because it has disjunction scoping over negation. But the sentence may equally well mean (and indeed this is the preferred reading) that we didn’t close the door and did not close the window. This `neither’ reading bears out de Morgan law (2). (shrink)

Mind, according to cognitive neuroscience, is a set of brain functions. But, unlike sets, our minds are cohesive. Moreover, unlike the structureless elements of sets, the contents of our minds are structured. Mutual relations between the mental contents endow the mind its structure. Here we characterize the structural essence and the logical form of the mind by focusing on thinking. Examination of the relations between concepts, propositions, and syllogisms involved in thinking revealed the reflexive graph structure of the conceptual mind. (...) Objective logic of the conceptual mind is calculated from its structure. Noteworthy features of the logic of conceptual mind are: degrees of truth, varieties of negation, admission of contradiction, and the failure of a de Morgan's law. Furthermore, cohesion of the conceptual mind follows from its reflexive graph structure. Our characterization of the structure and logic of mind constitutes a substantial refinement of the contemporary cognitive neuroscientific conceptualization of the mind as a set. (shrink)

Corcoran’s 27 entries in the 1999 second edition of Robert Audi’s Cambridge Dictionary of Philosophy [Cambridge: Cambridge UP]. -/- ancestral, axiomatic method, borderline case, categoricity, Church (Alonzo), conditional, convention T, converse (outer and inner), corresponding conditional, degenerate case, domain, De Morgan, ellipsis, laws of thought, limiting case, logical form, logical subject, material adequacy, mathematical analysis, omega, proof by recursion, recursive function theory, scheme, scope, Tarski (Alfred), tautology, universe of discourse. -/- The entire work is available online free at more (...) than one website. Paste the whole URL. http://archive.org/stream/RobertiAudi_The.Cambridge.Dictionary.of.Philosophy/Robert.Audi_The.Cambrid ge.Dictionary.of.Philosophy -/- The 2015 third edition will be available soon. Before you think of buying it read some reviews on Amazon and read reviews of its competition: For example, my review of the 2008 Oxford Companion to Philosophy, History and Philosophy of Logic,29:3,291-292. URL: http://dx.doi.org/10.1080/01445340701300429 -/- Some of the entries have already been found to be flawed. For example, Tarski’s expression ‘materially adequate’ was misinterpreted in at least one article and it was misused in another where ‘materially correct’ should have been used. The discussion provides an opportunity to bring more flaws to light. -/- Acknowledgements: Each of these entries was presented at meetings of The Buffalo Logic Dictionary Project sponsored by The Buffalo Logic Colloquium. The members of the colloquium read drafts before the meetings and were generous with corrections, objections, and suggestions. Usually one 90-minute meeting was devoted to one entry although in some cases, for example, “axiomatic method”, took more than one meeting. Moreover, about half of the entries are rewrites of similarly named entries in the 1995 first edition. Besides the help received from people in Buffalo, help from elsewhere was received by email. We gratefully acknowledge the following: José Miguel Sagüillo, John Zeis, Stewart Shapiro, Davis Plache, Joseph Ernst, Richard Hull, Concha Martinez, Laura Arcila, James Gasser, Barry Smith, Randall Dipert, Stanley Ziewacz, Gerald Rising, Leonard Jacuzzo, George Boger, William Demopolous, David Hitchcock, John Dawson, Daniel Halpern, William Lawvere, John Kearns, Ky Herreid, Nicolas Goodman, William Parry, Charles Lambros, Harvey Friedman, George Weaver, Hughes Leblanc, James Munz, Herbert Bohnert, Robert Tragesser, David Levin, Sriram Nambiar, and others. -/- . (shrink)

Abstract. The aim of this paper is to show that the topological interpretation of knowledge as an interior kernel operator K of a topological space (X, OX) comes along with a partially ordered family of belief modalities B that fit K in the sense that the pairs (K, B) satisfy all axioms of Stalnaker’s KB logic of knowledge and belief with the exception of the contentious axiom of negative introspection (NI). The new belief modalities B introduced in this paper are (...) defined with the help of the (dense) nuclei of the Heyting algebra OX of open subsets on the topological space (X, OX). In this way, the natural context for the belief operators B related to topological knowledge operator K is shown to be the Heyting algebra NUC(OX) of the nuclei of the Heyting algebra OX.1 More precisely, the dense nuclei of NUC(OX) can be used to define a variety of bimodal logics of knowledge operators K and belief operators B. The operators K and B are compatible with each other in the sense that the pairs (K, B) satisfy all axioms of Stalnaker’s KB system with the exception of the axiom (NI). Therefore, for (X, OX), one obtains a bounded, partially ordered family of belief operators B defined by the elements of NUC(OX). (shrink)

We generalize, by a progressive procedure, the notions of conjunction and disjunction of two conditional events to the case of n conditional events. In our coherence-based approach, conjunctions and disjunctions are suitable conditional random quantities. We define the notion of negation, by verifying De Morgan’s Laws. We also show that conjunction and disjunction satisfy the associative and commutative properties, and a monotonicity property. Then, we give some results on coherence of prevision assessments for some families of compounded conditionals; in (...) particular we examine the Fréchet-Hoeffding bounds. Moreover, we study the reverse probabilistic inference from the conjunction Cn+1 of n + 1 conditional events to the family {Cn,En+1|Hn+1}. We consider the relation with the notion of quasi-conjunction and we examine in detail the coherence of the prevision assessments related with the conjunction of three conditional events. Based on conjunction, we also give a characterization of p-consistency and of p-entailment, with applications to several inference rules in probabilistic nonmonotonic reasoning. Finally, we examine some non p-valid inference rules; then, we illustrate by an example two methods which allow to suitably modify non p-valid inference rules in order to get inferences which are p-valid. (shrink)

In this paper we consider conditional random quantities (c.r.q.’s) in the setting of coherence. Based on betting scheme, a c.r.q. X|H is not looked at as a restriction but, in a more extended way, as \({XH + \mathbb{P}(X|H)H^c}\) ; in particular (the indicator of) a conditional event E|H is looked at as EH + P(E|H)H c . This extended notion of c.r.q. allows algebraic developments among c.r.q.’s even if the conditioning events are different; then, for instance, we can give a (...) meaning to the sum X|H + Y|K and we can define the iterated c.r.q. (X|H)|K. We analyze the conjunction of two conditional events, introduced by the authors in a recent work, in the setting of coherence. We show that the conjoined conditional is a conditional random quantity, which may be a conditional event when there are logical dependencies. Moreover, we introduce the negation of the conjunction and by applying De Morgan’s Law we obtain the disjoined conditional. Finally, we give the lower and upper bounds for the conjunction and disjunction of two conditional events, by showing that the usual probabilistic properties continue to hold. (shrink)

This paper will annoy modern logicians who follow Bertrand Russell in taking pleasure in denigrating Aristotle for [allegedly] being ignorant of relational propositions. To be sure this paper does not clear Aristotle of the charge. On the contrary, it shows that such ignorance, which seems unforgivable in the current century, still dominated the thinking of one of the greatest modern logicians as late as 1831. Today it is difficult to accept the proposition that Aristotle was blind to the fact that, (...) for example, incommensurability is a relation and not a property: that the proposition “In every square, the diagonals are incommensurable with the sides” is relational and not categorical. This paper asks the reader to do something more difficult: to accept the proposition that as late as 1831 De Morgan was blind to the same fact. This paper shows conclusively that in 1831, De Morgan was still in the grips of the allegedly Aristotelian paradigm. (shrink)

Some have claimed that there are laws of appearance, i.e. in principle constraints on which types of sensory experiences are possible. Within a representationalist framework, these laws amount to restrictions on what a given experience can represent. I offer an in-depth defence of one such law and explain why prevalent externalist varieties of representationalism have trouble accommodating it. In light of this, I propose a variety of representationalism on which the spatial content of experience is determined by intrinsic features of (...) conscious subjects. I conclude by considering an externalist-friendly reworking of my proposal, but suggest that the success of such a reworking is dubious. (shrink)

Most interpretations of Oswald Spengler’s _The Decline of the West_ offer a relativist or positivist reading of his philosophy of history, with the latter being the most common. This paper argues that any positivist account of Spengler’s philosophy of history is untenable, and that only a relativist interpretation is plausible. It differs from standard arguments for the relativist interpretation by arguing that Spengler’s philosophy be understood as a form of fictionalism. However, rather than dismissing the positivistic elements of his philosophy (...) of history, it argues that they form a separate (albeit fictional) philosophy of history within his relativist philosophy designed to serve a heuristic purpose. (shrink)

Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and data collection (...) were performed by two or more independent reviewers for each record. -/- Results: Of the 1482 results, 467 studies were assessed in full-text form, and 33 were included in this synthesis. When the deceased has not expressed any preference, a majority of the public support the family's role as a surrogate decision-maker. When the deceased expressly consented, the respondents' answers depend on whether they see themselves as potential donors or as a deceased's next-of-kin. Answers also depend on the relationship between the deceased and the decision-maker(s) within the family, and on their ethnic or cultural background. -/- Conclusions: Public views on the authority of the family in organ donation decision-making require further research. A common conceptual framework and validated well-designed questionnaires are needed for future studies. The findings should be considered in the development of Government policy and guidance regarding the role of families in deceased organ donation. (shrink)

This paper challenges the notion that the only way to progress to a post-capitalist society is through the wholesale destruction of the capitalist economic system. Instead, I argue that Craft —an existential state and praxis informed by the creation and maintenance of objects of utility—is uniquely situated to effectively reclaim these systems due to its its focus on materiality over abstraction and its unique position as a socially aware form of praxis. This argument focuses not on competition, but on hyper-abstraction (...) as the key driver of capitalist exploitation and its most glaring ethical flaw. Karl Marx's work on commodity fetishism is key to understanding this misguided form of abstraction which displaces commodities so far from their functional form that they feed into what Martin Heidegger termed gestell , or enframing. Postmodern attempts to destabilize capitalist influence in the fine arts, like the de-objectification of the 1960s described by Ursula Meyer, often fell victim to the same fetishistic mindset and simply increased the hold of capitalism within the arts. The enframing worldview that Heidegger warns us about is fed by hyper-abstraction, and while he directly offers up art as the remedy to this situation via poiēsis , key moments in his writings on the related notion of geschick support this new notion of Craft , rather than the fine arts, as a more capable system for the rehabilitation of modern society. (shrink)

In transplant medicine, the use of normothermic regional perfusion (NRP) in donation after circulatory determination of death raises ethical difficulties. NRP is objectionable because it restores the donor's circulation, thus invalidating a death declaration based on the permanent cessation of circulation. NRP's defenders respond with arguments that are tortuous and factually inaccurate and depend on introducing extraneous concepts into the law. However, results comparable to NRP's—more and higher‐quality organs and more efficient allocation—can be achieved by removing organs from deceased donors (...) and using normothermic machine perfusion (NMP) to support the organs outside the body, without jeopardizing confidence in transplantation's legal and ethical foundations. Given the controversy that NRP generates and the convoluted justifications made for it, we recommend a prudential approach we call “ethical parsimony,” which holds that, in the choice between competing means of achieving a result, the ethically simpler one is to be preferred. This approach makes clear that policy‐makers should favor NMP over NRP. (shrink)

L'empathie est un mode émotionnel qui associe le point de vue d'autrui à des sensations physiologiques. Ce phénomène a tendance à être plus important envers certaines personnes qu'envers d'autres. Or, il existe parfois de bonnes raisons morales de promouvoir une empathie plus égalitaire. Notre hypothèse de psychologie morale est qu'il est possible d'utiliser l'imagination, et en particulier sa dimension volontaire et sa transparence aux émotions, pour corriger certains biais empathiques.

Resumen: Husserl propone una teoría sobre la intersubjetividad que parte de la conciencia trascendental como inserta en el mundo de la vida donde están los otros y donde la comunidad se construye bajo una estructura de esencias que garantiza la comunalidad. El mundo de la vida es dado y compartido por todas las conciencias intencionales y trascendentales, es condición para intuiciones empíricas y eidéticas, la epoché y las reducciones eidética y trascendental. Cada momento del método fenomenológico se basa en la (...) existencia de un mundo de la vida independiente de la subjetividad. En este mundo, hay objetos reales y, entre estos, los otros, reconocidos por analogía a través de la empatía. Desde una perspectiva metodológico-epistemológico, el yo es anterior al mundo y a los otros yos. El yo constituye, en sentido fenomenológico, la realidad. La conciencia es el lugar de evidenciación de la realidad. No obstante, en la perspectiva ontológica, es lo contrario. El mundo de la vida es anterior a la conciencia individual. El mundo de la vida está ahí, disponible, existente, independiente del sujeto, funcionando con su propio orden, con sus leyes y reglas. Es el yo el que esta insertado en el mundo de la vida y que se esfuerza por desvendarlo. La realidad se impone y el yo es, sobre todo, miembro de una comunidad de otros yos. Aun así, ¿cómo compartir las experiencias? Las vivencias pueden ser diferentes, pero hay un límite en las variaciones, un límite dado por la esencia del objeto vivido y por las leyes que rigen las relaciones de tal objeto. Así, la constitución del mundo y de sus objetos está permanentemente en progreso. Es posible donarles nuevos sentidos, en los límites de su esencia. Para Husserl, la constitución comunal del mundo es la condición de posibilidad para la existencia de sujetos separados unos de los otros, y este entendimiento recíproco solo es posible a través de la constitución trascendental de la objetividad. Así, no hay una separación entre la intersubjetividad y la constitución del mundo, es la comunidad de yos la que dona sentidos a las objetividades. En el mundo de la vida con los otros en comunidad. -/- Abstract: Husserl proposes a theory on intersubjectivity that starts from transcendental consciousness as inserted in the lifeworld where the others and where the community are built under a structure of essences that guarantees communality. The lifeworld is given and shared by all intentional and transcendental consciousnesses, it is a condition for empirical and eidetic intuitions, the epoché and the eidetic and transcendental reductions. Every moment of the phenomenological method is based on the existence of a lifeworld independent of subjectivity. In this world, there are real objects and, among these, the others, recognized by analogy through empathy. From a methodologicalepistemological perspective, the self is prior to the world and the other selves. The self constitutes, in a phenomenological sense, reality. Consciousness is the locus of evidence of reality. However, from the ontological perspective, it is the opposite. The lifeworld is prior to individual consciousness. The lifeworld is there, available, existing, independent of subjectivity, functioning with its own order, with its laws and rules. It is the self that is inserted in the lifeworld and that strives to unveil it. Reality prevails and the self is, above all, a member of a community of other selves. Even so, how to share the experiences? The experiences can be different, but there is a limit in variations, a limit given by the essence of the lived object and by the laws that govern the relation of the object. Thus, the constitution of the world and its objects is permanently in progress. It is possible to give them new meanings, within the limits of their essence. For Husserl, the communal constitution of the world is the condition of possibility for the existence of subjects separated from each other, and this reciprocal understanding is only possible through the transcendental constitution of objectivity. therefore, there is no separation between intersubjectivity and the constitution of the world, it is the community of selves that gives meaning to objectivities. (shrink)

Abstract: By the second half of the eleventh century, in the Christian West, the theological doctrine of St. Anslem sought to re‐establish the place of reason within the domain of faith. Anselm arrived at a possible re‐enactment of this relation under the condition regulated by the principle fides quaerens intellectum – faith seeking reason. This paper is an attempt to explore not only the possible implications of this principle but to understand the internal logic which constitutes it and holds it (...) together. It is the contention of this paper that this regulative principle (fides quaerens intellectum) could complete such a process of logically constituting itself through a violent forcing of thought which gathered and maintained within itself an anomy. This internal paradox produced a logical excess which at one hand threatened constantly to expose a crisis, inhabiting the very centre of the theological system it sought to build, but on the other hand it also became the very ground on which such a system constituted itself. To that extent this paper would try to understand the metaphysical forcing of this moment of crisis back into the theological system it sought to express and normalize at the same time. (shrink)

Are the laws of nature among the eternal truths that, according to Descartes, are created by God? The basis of those laws is the immutability of the divine will, which is not an eternal truth, but a divine attribute. On the other hand, the realization of those laws, and in particular, the quantitative consequences to be drawn from them, depend upon the eternal truths insofar as those truths include the foundations of geometry and arithmetic.

This paper deals with Veronica Rodriguez-Blanco’s answer to the paradox of the normativity of law: How can autonomous self-legislating persons act, without compromising their autonomy and their will, following legal rules? Regarding Rodriguez-Blanco’s answer, I offer two main critiques. The first one is based on Rodriguez-Blanco’s comments to David Enoch’s paper in which I argue against the idea that a descriptive theoretical account of law can, and should, give an answer to general problems of normativity due to the fact that (...) a theoretical approach that engages in questions about the normativity of law cannot be purely descriptive, therefore against Rodriguez-Blanco I conclude that Enoch’s answer is the only response a descriptive account is able to offer. The second criticism focuses on Rodriguez-Blanco’s response to the paradox and argues that her solution is not, in fact, a descriptive one, but one that relies on strong normative premises, which as it turns out defend a perfectionist perspective towards the law.Resumen:Este trabajo analiza la respuesta que Veronica Rodriguez-Blanco propone para resolver la paradoja de la normatividad del derecho: ¿Cómo es posible que una persona autónoma actúe siguiendo los mandatos de normas jurídicas sin comprometer su autonomía ni su voluntad? El autor ofrece dos críticas a la respuesta de Rodriguez-Blanco. La primera de ellas está basada en los comentarios que Rodriguez-Blanco ha hecho sobre la propuesta de David Enoch. En este punto, el autor argumenta en contra de la idea según la cual una perspectiva descriptiva del derecho puede, y debe, tratar de responder a los problemas generales de la normatividad del derecho. De acuerdo con el autor, una perspectiva que pretenda dar respuesta a los problemas de la normatividad del derecho no puede ser una perspectiva puramente descriptiva. En este sentido, el autor sostiene que la respuesta que ofrece Enoch es la única respuesta que una perspectiva descriptiva del derecho puede dar. La segunda crítica está dirigida a la respuesta que Rodriguez-Blanco da sobre la paradoja de la normatividad. En este segundo punto el autor argumenta que la perspectiva de Rodriguez-Blanco no es una perspectiva descriptiva como ella presume, sino que adopta una perspectiva normativa la cual, además, está comprometida con una idea perfeccionista del derecho. (shrink)

A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be between (...) pro-discursive and anti-discursive responses. Some legal responses to harmful speech, so we argue, make a positive discursive contribution in their own right. That is, legal restrictions on harmful speech can have a function that is importantly similar to speech that aims at countering the effects of harmful speech. (shrink)

Many differences exist between the logical relations “equality” and “equivalence”. In this monograph I point out differences that concern definition, linguistics, computational gates and tables, denotation, application, negation of terms, negation of the relation, relations to other relations, the laws of symmetry, transitivity and reflexivity, the laws of commutation and permutation, the law of tautology, the law of distribution, the law of association, propositional meaning, and “genesis”. I also point out a form of “symmetry breaking”: the negation of some equality (...) may yield some non-equality, while the negation of that non-equality might not yield the same equality. (For full access: use the website link of the title page. -- Copyright License: CC BY-NC-ND. -- DOI: 10.17026/dans-zh3-h2b2 --). (shrink)

The objective of this work is to present Michel Foucault's perspective on the formation of moral subjectivity according to his text entitled “The use of pleasures and the techniques of self”. In the referred text, Foucault emphasizes that moral action should not be constituted in acts according to a rule of conduct supported by moral concepts, but in acts according to a pure relation of the subject with his internal wisdom (subjectivity), a relationship that should not be understood as simply (...) a “self-awareness” as a moral subject, but as a “constitution of the self” as a moral subject In this article, Foucault's position on the formation of moral subjectivity is considered to analyze the place of desire in the autonomy of oneself and of practical attitudes, especially if they are considered: the subject's experience as a process in which both subjectivity and desires are modified or annulled by specific norms or laws, established in certain societies and culture, almost always linked to norms of sexuality; the power of the strongest, insofar as it influences institutions to spread interests in society, corrupting the particular desires of individuals; the “techniques of self”, as rational and voluntary practices that curb desires, by which human beings determine for themselves rules of conduct that correspond to aesthetic values. (shrink)

The problem addressed in this article is the relationship between law and morality. It is asked (1) to what extent law and morality are connected and separated and (2) since when has it been so. To the extent that law and morality are distinct normative orders, it is asked (3) whether they rule exactly the same behaviors or whether each order rules dierent kinds of behaviors. If they rule at least some of the same behaviors, it is asked (4) whether (...) there can be antinomies (contradictions) between them. If there are an- tinomies, it is asked (5) whether the antinomies are only apparent (prima facie) and are therefore mistakes of human reason, or are definite and real. If the antinomies are apparent or real, it is asked (6) whether law or morality prevails (or should prevail) in the case of an antinomy. If one of these prevails, it is asked (7) whether this is always so, or whether law sometimes prevails (and should prevail) over morality and vice versa. In the case of existing coherence or at least solvable antinomies between law and morality, it is asked (8) whether the consequent achieved unity of practical reason is a specifically moral unity and whether it is a matter of cognition, of institutionalization, of individual or collective construction, or of consensus. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

Contractualism and rule consequentialism both hold that whether a moral principle is true depends on what would happen if it were generally adopted as a basis for conduct. This paper argues that theories with this feature face a profound epistemic problem. The question of what would happen if different moral principles were generally adopted is a complex empirical question, comparable in difficulty to the question of what would happen if a nation adopted different laws, or if humanity had evolved different (...) traits. Reflection on the epistemic demands of this question shows that we have no clue what would happen if different moral principles were generally adopted, and thus no clue what moral principles contractualism and rule consequentialism endorse. The only way to avoid cluelessness is to test principles on groups small enough to be epistemically tractable, which requires accepting an implausibly extreme form of moral relativism. I conclude that we must reject contractualism, rule consequentialism, and any other moral theory that entails that the truth of a moral principle depends on what would happen if it were generally adopted. (shrink)

This is an article about Legal Pragmatism, studied under the prism of the Philosophy of Law. The pragmatist philosophical current, born in the United States, was responsible for consolidating the line of legal reasoning aimed at obtaining the results that best meet social desires and human hopes. Legal Pragmatism is not presented as a Theory of Law, consubstantiating itself, in reality, in a method based on argumentation, capable of substantiating decision making. Finally, an attempt was made to ponder on Legal (...) Pragmatism in the Brazilian legal system, as a guide for new perspectives on the application of Law, with emphasis on the recent changes in the Law of Introduction to the Rules of Brazilian Law (Lei de Introdução às Normas do Direito Brasileiro). (shrink)

The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.

Cloud computing is rapidly gaining traction in business. It offers businesses online services on demand (such as Gmail, iCloud and Salesforce) and allows them to cut costs on hardware and IT support. This is the first paper in business ethics dealing with this new technology. It analyzes the informational duties of hosting companies that own and operate cloud computing datacenters (e.g., Amazon). It considers the cloud services providers leasing ‘space in the cloud’ from hosting companies (e.g, Dropbox, Salesforce). And it (...) examines the business and private ‘clouders’ using these services. The first part of the paper argues that hosting companies, services providers and clouders have mutual informational (epistemic) obligations to provide and seek information about relevant issues such as consumer privacy, reliability of services, data mining and data ownership. The concept of interlucency is developed as an epistemic virtue governing ethically effective communication. The second part considers potential forms of government restrictions on or proscriptions against the development and use of cloud computing technology. Referring to the concept of technology neutrality, it argues that interference with hosting companies and cloud services providers is hardly ever necessary or justified. It is argued, too, however, that businesses using cloud services (banks, law firms, hospitals etc. storing client data in the cloud, e.g.) will have to follow rather more stringent regulations. (shrink)

The scope of this article is to propose a reflection about the concept of citizenship presented by Aristotle in his work “Politics”, and which people were considered citizens then in comparison to nowadays. There is no intention to make a deep historical assessment about the particularities of each period of time, but analyse the characteristics which kept some groups inside of the political life and as well kept other groups away from it, in order to demonstrate how strong is the (...) maintenance of the estrangement between people who achieve everything is possible to, whereas other groups cannot achieve even what is deemed to be worthy by law. Keywords: citizenship; citizen; state; law; minorities; achievement. (shrink)

This article challenges the prevailing interpretations of Hegel's account of the concept "contradiction" in the Science of Logic by arguing that it is concerned with the principle of Hegel's method rather than with the classical law of non-contradiction. I first consider Hegel's Doctrine of Essence in view of Kant's discussion of the concepts of reflection in the first Critique. On this basis, I examine Hegel's account of the logical principles based on the concepts "identity," "opposition," and "contradiction." Finally, I point (...) out how the principle Hegel derives from the concept of contradiction actually informs his own method. (shrink)

Lethal Autonomous Weapons (LAWs) are robotic weapons systems, primarily of value to the military, that could engage in offensive or defensive actions without human intervention. This paper assesses and engages the current arguments for and against the use of LAWs through the lens of achieving more ethical warfare. Specific interest is given particularly to ethical LAWs, which are artificially intelligent weapons systems that make decisions within the bounds of their ethics-based code. To ensure that a wide, but not exhaustive, survey (...) of the implications of employing such ethical devices to replace humans in warfare is taken into account, this paper will engage on matters related to current scholarship on the rejection or acceptance of LAWs—including contemporary technological shortcomings of LAWs to differentiate between targets and the behavioral and psychological volatility of humans—and current and proposed regulatory infrastructures for developing and using such devices. After careful consideration of these factors, this paper will conclude that only ethical LAWs should be used to replace human involvement in war, and, by extension of their consistent abilities, should remove humans from war until a more formidable discovery is made in conducting ethical warfare. (shrink)

This article analyzes the significance of the concepts “sovereignty” and “popular sovereignty” regarding the construction of modern law. Modern law isdefined in this study as a language of subjective rights (claim, liberty, power and immunity) and therefore has a nomological and authoritative character. The shift from low Middle-age to the beginning of Modernity seems to be the decisive period to understand the construction of modern law, due to the reception of Aristotle’s political writings and Roman law, aside from the rejection (...) of strong or thomist realism. In this sense, three works are analyzed: Marsilio of Padua “DefensorPacis”, William of Ockham “Breviloquium de Principatur Tyrannico” and Jean Bodin “Six Books of the Commonwealth”. The results seem to address that popular sovereignty as a foundation for legal language is in direct opposition to the acceptance of the strong concept of sovereignty, as stated by Bodin. (shrink)

Estudo comparado sobre o tratamento dado à reprodução humana assistida no direito do Brasil, Estados Unidos, Portugal, Espanha e Itália.

In this paper, I discuss the possibility of reading the description of promise presented by Reinach in The Apriori Foundations of the Civil Law under the light of Husserl’s Ideas I. In order to present my argument, first, I briefly present the phenomenological method proposed by Husserl in Ideas I highlighting eidetic reduction. Second, I present the Reinachian description of social acts emphasizing the act of promising. Third, and finally, I try to demonstrate that the Reinachian description of the social (...) act of promising is the description of a universal and necessary relation, a synthetic and a priori statement and corresponds to the idea of promise. (shrink)

Kant’s dualism in anthropology and morality is said to be bridged only by means of a teleology that seems to betray the historical constitution of its subjectivity. And yet the Kantianarticulation of problems of theoretical and practical reason can be explored only insofar as they help us understand the correlated issues of the unity of reason, the relation of aesthetics and ethics in the light of the three Critiques, and the teleological conception of history. In this paper, I argue for (...) a teleological reading of the systematic architectonic so as to make sense of the concept of purposiveness as the a priori principle of judgment in its logical, aesthetic, and teleological reflection and of the unifying, a priori principles of each faculty–namely, conformity to law, final purpose, and conformity to purpose or purposiveness – respectively dealt with in the three Critiques. (shrink)

Résumé Le débat holisme-réductionnisme se structure autour de trois domaines sémantiques : l 'ontologie, la méthodologie et l'épistémologie. Généralement, une méthodologie analytique s'accompagne d'une ontologie atomiste et de la réduction des lois et théorie des niveaux d'organisation supérieurs aux lois et théorie des niveaux inférieurs. Par contre, une ontologie holiste, relationnelle peut s'accorder au concept d'émergence. En conséquence dans l'élaboration des lois et théories d'un phénomène appartenant à un niveau donné la prise en compte du niveau d'organisation supérieurs se révélera (...) déterminante. Les propositions philosophiques anti-mécanicistes de précurseur tels que Bradley, S. Alexander, A.N. Whitehead, C.L. Morgan, D.C. Broad, même en restant au niveau d'une forme de proto-émergentisme représentent le fondement épistémologique à partir duquel s'est développée une méthodologie véritablement émergentiste. Abstract The holism-reductionism debate is structured around three areas of semantics: ontology, methodology and epistemology. As a general rule, an analytical methodology goes with an atomist ontology, and the reduction of laws and theories from the higher levels of organisation to the laws and theories of lower levels. On the other hand, a holistic and relational ontology can be in unison with the concept of emergence. As a consequence, in elaborating laws and theories of a phenornenon of a given level, taking into account that the higher level of organisation will be determinant. The philosophical and anti-mechanistic propositions of precursors such as F. Bradley, S. Alexander, A.N. Whitehead, C.L. Morgan, D.C. Broad, even remaining at the level of a kind of proto-emergentism represent the epistemological basis on which a true emergentist methodology has been developed. (shrink)

Physics is the best tool to investigate nature ("physics does it better") and philosophy, far from being a competitor, is a companion in its quest for knowledge ("so why be afraid of philosophy?"). In this article it is observed that the anti-philosophical positions within the modern scientific community come from misconceptions and that scientists can't be "against philosophy". As a conclusion, the expressions "laws of physics" and "laws of nature" are discussed.

In this article I present the phenomenological tradition as a new grounding for human rights as universal rights. The hypothesis defended is to conciliate Husserl’s phenomenological method and Reinach’s a priori law in order to offer a new grounding to human rights. In order to combine Husserl and Reinach’s ideas, I propose to expand the comprehension of a priori. It would be present as eidos of each object and I name it as material a priori; it also be present in (...) the eidetic relations and I name it as formal a priori. Yet the object would have an essence, a necessary content, a material a priori, and necessary states of affairs, necessary relations and connections, a formal a priori. Reinach, in The A priori Foundations of the Civil Law, describes eidetic relations, such as, the relation between promise, claim and obligation. I propose three eidetic universalities to ground law, these are what I will call human rights. I also face a few difficulties presented by DuBois and De Vecchi derived from the amoral approach of a priori laws. Then, I highlight the difference between this proposition and Albert’s. Finally, I defend the proposition that a priori laws are beyond natural and positive laws. (shrink)

Much forensic inference based upon DNA evidence is made assuming Hardy-Weinberg Equilibrium (HWE) for the genetic loci being used. Several statistical tests to detect and measure deviation from HWE have been devised, and their limitations become more obvious when testing for deviation within multiallelic DNA loci. The most popular methods-Chi-square and Likelihood-ratio tests-are based on asymptotic results and cannot guarantee a good performance in the presence of low frequency genotypes. Since the parameter space dimension increases at a quadratic rate on (...) the number of alleles, some authors suggest applying sequential methods, where the multiallelic case is reformulated as a sequence of “biallelic” tests. However, in this approach it is not obvious how to assess the general evidence of the original hypothesis; nor is it clear how to establish the significance level for its acceptance/rejection. In this work, we introduce a straightforward method for the multiallelic HWE test, which overcomes the aforementioned issues of sequential methods. The core theory for the proposed method is given by the Full Bayesian Significance Test (FBST), an intuitive Bayesian approach which does not assign positive probabilities to zero measure sets when testing sharp hypotheses. We compare FBST performance to Chi-square, Likelihood-ratio and Markov chain tests, in three numerical experiments. The results suggest that FBST is a robust and high performance method for the HWE test, even in the presence of several alleles and small sample sizes. (shrink)

Although 43 countries have a monarch as their head of state, the question of whether monarchies can be morally justified has been neglected by contemporary philosophers. In this article, I argue that it is doubtful whether any existing monarchies can be morally justified. As I show, they all suffer from one or more of the following defects: they flout democratic principles; they are non-meritocratic; and/or they fail to provide at least some royals with an adequate range of lifestyle options. However, (...) I go on to identify a novel type of elective monarchy that escapes these problems, and which, I submit, can be vindicated as long as it serves legitimate public objectives (e.g. by promoting social cohesion among citizens and/or by fostering international trade). (shrink)

Statistical tests that detect and measure deviation from the Hardy-Weinberg equilibrium (HWE) have been devised but are limited when testing for deviation at multiallelic DNA loci is attempted. Here we present the full Bayesian significance test (FBST) for the HWE. This test depends neither on asymptotic results nor on the number of possible alleles for the particular locus being evaluated. The FBST is based on the computation of an evidence index in favor of the HWE hypothesis. A great deal of (...) forensic inference based on DNA evidence assumes that the HWE is valid for the genetic loci being used. We applied the FBST to genotypes obtained at several multiallelic short tandem repeat loci during routine parentage testing; the locus Penta E exemplifies those clearly in HWE while others such as D10S1214 and D19S253 do not appear to show this. (shrink)

The thought of Pietro Piovani (Naples 1922 1980) ranges from moral philosophy, the history of philosophy and the philosophy of law, but in the anti-ontology of his most original core. In Principles of moral philosophy Piovani said that given the finite nature of the individual, the existing "no longer needs no foundation (...) because it is based." In particular, the contemporary individual is more than ever unfounded, having to constantly rely so. In this regard Piovani speaks of assenzialismo: being a (...) be "limited" man bases its existence on an absence, that does not constitute something negative, but, on the contrary, represents that "most" of Nietzsche's memory is unique about the individual. -/- . (shrink)

This is review of the book "Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World" by Aravind Ganesh, which discusses the relevance of Immanuel Kant's legal philosophy for the European Union's exercise of extraterritorial jurisdiction. The book explores this issue from the perspectives of public international law and private law theory as well.

A linha mestra que orientou as discussões que resultaram neste livro foi a mudança nos padrões da política e do estado, do meio ambiente e das novas tecnologias que implicam conflitos e novos desafios ao Direito, especialmente no direito público, foco principal da obra concebida. Novas perspectivas com grandes repercussões ambientais, sindicais, políticas, tributárias e, por que não, em toda a sociedade mundial. Além da coleção de trabalhos resultantes nesta obra foi lançado, também os anais dos artigos apresentados pelos inscritos (...) nos grupos de trabalhos coordenados pelos professores. (shrink)

What does Cyberpunk and AI Ethics have to do with each other? Cyberpunk is a sub-genre of science fiction that explores the post-human relationships between human experience and technology. One similarity between AI Ethics and Cyberpunk literature is that both seek a dialogue in which the reader may inquire about the future and the ethical and social problems that our technological advance may bring upon society. In recent years, an increasing number of ethical matters involving AI have been pointed and (...) debated, and several ethical principles and guides have been suggested as governance policies for the tech industry. However, would this be the role of AI Ethics? To serve as a soft and ambiguous version of the law? I would like to promote in this article a more Cyberpunk way of doing AI Ethics, whit a more anarchic way of governance. In this study, I will seek to expose some of the deficits of the underlying power structures of our society, and suggest that AI governance be subject to public opinion, so that ‘good AI’ can become ‘good AI for all’. (shrink)

Childhood looms large in our understanding of human life as it is a phase through which all adults have passed. Childhood is foundational to the development of selfhood, the formation of interests, values and skills and to the lifespan as a whole. Understanding what it is like to be a child, and what differences childhood makes, are essential for any broader understanding of the human condition. The Routledge Handbook of the Philosophy of Childhood and Children is an outstanding reference source (...) to the key topics, problems and debates in this exciting subject and is the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into five parts: ¿ Being a child ¿ Childhood and moral status ¿ Parents and children ¿ Children in society ¿ Children and the state. Questions covered include: What is a child? Is childhood a uniquely valuable state, and if so why? Can we generalize about the goods of childhood? What rights do children have, and are they different from adults¿ rights? What gives people a right to parent? What role, if any, ought biology to play in determining who has the right to parent a particular child? What kind of rights can parents legitimately exercise over their children? What roles do relationships with siblings and friends play in the shaping of childhoods? How should we think about sexuality and disabilility in childhood, and about racialised children? How should society manage the education of children, and what values should inform such practices? What is a good school? How are children¿s lives affected by being taken into social care? The Routledge Handbook of the Philosophy of Childhood and Children is essential reading for students and researchers in philosophy of childhood, political philosophy and ethics as well as those in related disciplines such as education, psychology, sociology, social policy, law, social work, youth work, neuroscience and anthropology. (shrink)

The right to a dignified death is largely overlooked by Brazilian law. This neglect of the end-of-life process and its ramifications is the focus of this study, which aims at an exploratory survey to identify pertinent aspects requiring development to ensure a dignified end-of-life experience. In total, 50 publications were examined with online and physical surveys of works published up to March 2023. They express concerns regarding ethical dilemmas in caring for individuals nearing the end of life, yet they do (...) not delve into existing mechanisms for safeguarding end-of-life dignity or identify areas that still lack standardization to ensure effective care. This study should contribute to the enhancement of critical perspectives on the issue of end-of-life experiences, considering current safeguards, the legal boundaries set by the State, and potential future strides toward advancing studies aimed at the practical update of the Brazilian legal system. (shrink)