In the framework of the theory of the semiosphere elaborated by Juri Lotman in the 1980s, the notion of translation acquires a new, broadened meaning and is used to describe a general mechanism of cultural dynamics. This is a direct consequence of the understanding of the semiosphere as a “continuum of semiotic systems” of which heterogeneity and polyglotism are constitutive features. If the “smallest functioning semiotic mechanism” is not an isolated system, but always a (at least) binary system, translation (...) will play a central role in communication not only between different cultures, but also within every single culture.The article focuses on the different places of translation within the semiosphere as a system of systems and its relations to the notion of border. It argues that in Lotman’s theory, translation can function both as a homogenizing and a heterogenizing semiotic force, depending on its position at the center or the periphery of a given semiotic system. The first part of the article develops a theoretical argument on the relation between translation processes and cultural borders, which acquire different meanings and functions within Lotman’s theory of the semiosphere corresponding to differently oriented kinds of translation. The second part of the article develops a close analysis of Giacomo Leopardi’s poem “L’Infinito,” where the tension and dialogue between the different functions of the Lotmanian borders and the different kinds of cultural translation become devices for the generation of new meanings. Finally, the article briefly considers the significance of Lotman’s semiospheric understanding of the relation between borders and translation for contemporary translation and border studies. (shrink)

Virtue argumentation theory provides the best framework for accommodating the notion of an argument that is “fully satisfying” in a robust and integrated sense. The process of explicating the notion of fully satisfying arguments requires expanding the concept of arguers to include all of an argument’s participants, including judges, juries, and interested spectators. And that, in turn, requires expanding the concept of an argument itself to include its entire context.

The article compares Roland Barthes’s and Juri Lotman’s notions of ‘second-order semiological systems’ [systemes semiologique seconds] and ‘secondary modelling systems’ [вторичные моделирующие системы]. It investigates the shared presuppositions of the two theories and their important divergences from each other, explaining them in terms of the opposite strategic roles that the notions of ‘ideology’ and ‘culture’ play in the work of Barthes and Lotman, respectively. The immersion of secondary modelling systems in culture as a “system of systems” characterized by internal (...) heterogeneity, allows Lotman to evidence their positive creative potential: the result of the tensions arising from cultural systemic plurality and heterogeneity may coincide with the emergence of new, unpredictable meanings in translation. The context of Barthes’s second-order semiological systems is instead provided by highly homogeneous ideological frames that appropriate the signs of the first-order system and make them into forms for significations which confirm, reproduce and transmit previously existing information generated by hegemonic social and cultural discourses. The article shows how these differences resurface and, partially, fade away in the theories of the text that Barthes and Lotman elaborated in the 1970s. The discussion is concluded by some remarks on the possible topicality of Barthes’s and Lotman’s approaches for contemporary semiotics and the humanities in general. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 315-330, December 2021.

Lycurgus' "Against Leocrates" has long been seen as an anomaly in the oratorical corpus by scholars of ancient rhetoric. Its extensive use of quotations from the poets and of personification are two features regularly picked out as especially odd and inexplicable by critics. This paper argues that these and other features of the speech are central to Lycurgus' attempt to persuade his jury to accept his radically un-Athenian political views. In fact, Lycurgus has rejected Athenian approaches to punishment, prosecution, and (...) politics in favor of Platonic views, which bear the taint of the elite philosophical schools. The quotation and the personification are two techniques that Lycurgus uses to craft a "new prosecutorial voice" that will overcome his audience's objections to his elitist and even Platonic political positions. I contend that the whole speech may be read as a study in how to craft a "voice" or form of oratorical self-presentation that will persuade an audience to accept heterodox political views. (shrink)

In the multidisciplinary field of memory studies, remembering and forgetting have mainly been analyzed following two ideal-typical models: memory-as-containment (exemplified by the notions of framework and site of memory) and memory-as-flow (epitomized by the notions of afterlife and mnemohistory). These two models are often presented as mutually exclusive and counterposed. Yet, in linking past with present, and when connecting different spaces and generations, memory is always the result of circulation (flow) as well as of local semiotic conditions of production and (...) use (containment). By investigating memory-making and oblivion-making in processes of interpretation, the semiotic perspective elaborated by Umberto Eco allows us to envision memory-as-containment and memory-as-flow in a combined analysis, where the twofold conception of memory – either as movement or as form – merges. The aim of this article is, then, to provide an interpretative theory of memory, and to identify and describe the methodological tools capable of implementing such an approach. The memory of the former Italian concentration camp of Fossoli will serve as an exemplary and illustrative case study. (shrink)

Tolerance, the mere “putting up” with disapproved behaviour and practices, is often considered a too negative and passive engagement with difference in the liberal constitutional state. In response, liberal thinkers have either discarded tolerance, or assimilated it to the moral and legal precepts of liberal justice. In contradistinction to these approaches I argue that there is something distinctive and valuable about tolerance that should not be undermined by more ambitious, rights-based models of social cooperation. I develop a conception of tolerance (...) as a complementary principle and an interim value that is neither incompatible with, nor reducible to, rights-based liberalism. Tolerance represents a particular, non-communitarian expression of the general dictum that the liberal state, having released its citizens into liberty, rests on social presuppositions it cannot itself guarantee. (shrink)

The purpose of this article is to discuss whether a person can be discriminated against by means of an action intended to benefit him or her. The discussion is triggered by a recent court decision according to which women may be entitled to compensation for a policy that made them better off in some respect because of its assumed effect on the perpetuation of harmful stereotypes about women. I reject this view, arguing that such effects are neither necessary nor sufficient (...) for an act to be discriminatory. If people stand to directly benefit from some act, they cannot claim discrimination on the basis of such benefit. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in such (...) inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

Epistemic justifications for democracy have been offered in terms of two different aspects of decision-making: voting and deliberation, or 'votes' and 'talk.' The Condorcet Jury Theorem is appealed to as a justification in terms of votes, and the Hong-Page "Diversity Trumps Ability" result is appealed to as a justification in terms of deliberation. Both of these, however, are most plausibly construed as models of direct democracy, with full and direct participation across the population. In this paper, we explore how these (...) results hold up if we vary the model so as to reflect the more familiar democratic structure of a representative hierarchy. We first recount extant analytic work that shows that representation inevitably weakens the voting results of the Condorcet Jury Theorem, but we question the ability of the result to shine light on real representative systems. We then show that, when we move from votes to talk, as modeled in Hong-Page, representation holds its own and even has a slight edge. (shrink)

Research on an expert system regarding unemployment insurance law has pointed to the difficulties of explicitly representing temporal relations. The question has been addressed in the artificial intelligence literature with respect to planning systems and linguistic analysis. The approaches adopted do not appear to be directly transposable to legal discourse. The problem seems so far to have escaped notice amongst researchers attempting to develop legal expert systems. The paper explores in a preliminary way how lawyers use temporal concepts. It is (...) submitted that “legal time” only partly overlaps with real time. A sketch of a formalization of temporal relations in law, following J. F. Allen's approach, is presented. (shrink)

Epistemic justifications for democracy have been offered in terms of two different aspects of decision-making: voting and deliberation, or ‘votes’ and ‘talk.’ The Condorcet Jury Theorem is appealed to as a justification in terms votes, and the Hong-Page “Diversity Trumps Ability” result is appealed to as a justification in terms of deliberation. Both of these, however, are most plausibly construed as models of direct democracy, with full and direct participation across the population. In this paper, we explore how these results (...) hold up if we vary the model so as to reflect the more familiar democratic structure of a representative hierarchy. We first recount extant analytic work that shows that representation inevitably weakens the voting results of the Condorcet Jury Theorem, but we question the ability of that result to shine light on real representative systems. We then show that, when we move from votes to talk, as modeled in Hong-Page, representation holds its own and even has a slight edge. (shrink)

El artículo es uno de los resultados de la tesis denominada: El derecho administrativo desde el nuevo contexto constitucional a partir del cine colombiano: Dos mujeres y una vaca y El abrazo de la serpiente, realizada como trabajo final para la Maestría en Derecho Administrativo de la Universidad Autónoma Latinoamericana. En el artículo Cine y Derecho se plantean como dos producciones culturales de honda trascendencia en las sociedades actuales y, particularmente el cine aborda nuevas miradas sobre diversos fenómenos sociales, políticos (...) y jurídicos, que le permite evidenciar matices, lecturas y puntos de vista. Por esto el artículo tiene como objetivo repensar el Derecho Administrativo utilizando el análisis fílmico como herramienta para descifrar las conexiones entre cine y ésta disciplina jurídica. Para ello se analizan dos películas en función de visibilizar sus conexiones con el Derecho Administrativo. En Dos mujeres y una vaca se evidencia que la película constituye una interpelación desde el séptimo arte a una sociedad que no se reconoce en la memoria de la guerra que ha padecido y a un Estado que no garantiza eficazmente las seguridades vitales, derechos y propiedades de los ciudadanos. En el caso El abrazo de la serpiente la película constituye un llamado para que el Estado fomente una visión más amplia y holística de la naturaleza que reconozca la integralidad y codependencia de todos los elementos naturales en el ecosistema. Ambas películas hacen un llamado al Estado que supone generar un cambio de paradigma, transformar profunda y fundamentalmente la administración pública, orientar la vocación de servicio público al bien común. (shrink)

A pioneering work in the philosophy of mind, Content and Consciousness brings together the approaches of philosophers and scientists to the mind--a connection that must occur if genuine analysis of the mind is to be made. This unified approach permits the most forbiddingly mysterious mental phenomenon--consciousness--to be broken down into several distinct phenomena, and these are each given a foundation in the physical activity of the brain. This paperback edition contains a preface placing the book in the context of recent (...) work in the area. (shrink)

This paperback edition contains a preface placing the book in the context of recent work in the area.

Are there really beliefs? Or are we learning (from neuroscience and psychology, presumably) that, strictly speaking, beliefs are figments of our imagination, items in a superceded ontology? Philosophers generally regard such ontological questions as admitting just two possible answers: either beliefs exist or they don't. There is no such state as quasi-existence; there are no stable doctrines of semi-realism. Beliefs must either be vindicated along with the viruses or banished along with the banshees. A bracing conviction prevails, then, to the (...) effect that when it comes to beliefs (and other mental items) one must be either a realist or an eliminative materialist. (shrink)

_Behavioral and Brain Sciences_ , 15, 183-247, 1992. Reprinted in _The Philosopher's Annual_ , Grim, Mar and Williams, eds., vol. XV-1992, 1994, pp. 23-68; Noel Sheehy and Tony Chapman, eds., _Cognitive Science_ , Vol. I, Elgar, 1995, pp.210-274.

Claims pertaining to understanding are made in a variety of contexts and ways. As a result, few in the philosophical literature have made an attempt to precisely characterize the state that is y understanding x. This paper builds an account that does just that. The account is motivated by two main observations. First, understanding x is somehow related to being able to manipulate x. Second, understanding is a mental phenomenon, and so what manipulations are required to be an understander must (...) only be mental manipulations. Combining these two insights, the paper builds an account (URM) of understanding as a certain representational capacity—specifically, understanding x involves possessing a representation of x that could be manipulated in useful ways. By tying understanding to representation, the account correctly identifies that understanding is a fundamentally cognitive achievement. However, by also demanding that which representations count as understanding-conferring be determined by their practical effects, URM captures the insight that understanding is vitally connected to practice. URM is fully general, and can apply equally well to understanding states of affairs, understanding events, and even understanding people and works of art. The ultimate test of URM is its applicability in actual scientific and philosophical discourse. To that end the paper discusses the importance of understanding in the philosophy of science, psychology, and computer science. (shrink)

Clark has recently suggested that predictive processing advances a theory of neural function with the resources to put an ecumenical end to the “representation wars” of recent cognitive science. In this paper I defend and develop this suggestion. First, I broaden the representation wars to include three foundational challenges to representational cognitive science. Second, I articulate three features of predictive processing’s account of internal representation that distinguish it from more orthodox representationalist frameworks. Specifically, I argue that it posits a resemblance-based (...) representational architecture with organism-relative contents that functions in the service of pragmatic success, not veridical representation. Finally, I argue that internal representation so understood is either impervious to the three anti-representationalist challenges I outline or can actively embrace them. (shrink)

Damasio remarks, it "informs virtually all research on mind and brain, explicitly or implicitly." Indeed, serial information processing models generally run this risk (Kinsbourne, 1985). The commentaries provide a wealth of confirming instances of the seductive power of this idea. Our sternest critics Block, Farah, Libet, and Treisman) adopt fairly standard Cartesian positions; more interesting are those commentators who take themselves to be mainly in agreement with us, but who express reservations or offer support with arguments that betray a continuing (...) allegiance to one or another tenet of the view we sought to discredit. (shrink)

Predictive processing has recently been advanced as a global cognitive architecture for the brain. I argue that its commitments concerning the nature and format of cognitive representation are inadequate to account for two basic characteristics of conceptual thought: first, its generality—the fact that we can think and flexibly reason about phenomena at any level of spatial and temporal scale and abstraction; second, its rich compositionality—the specific way in which concepts productively combine to yield our thoughts. I consider two strategies for (...) avoiding these objections and I argue that both confront formidable challenges. (shrink)

This study introduces a music therapy project for young offenders through community collaboration and its efficacy through a mixed method. The project called Young & Great Music is carried out via collaboration among three parties, which are the educational institution, the district prosecutor’s office, and corporate sponsor, forming a tripartite networking system. In this paper, we present an efficacy evaluation of the project’s implementation with 178 adolescents involved with the juvenile justice system: 115 youth was on suspension of indictment and (...) 63 youth was under supervised probation. Quantitative and qualitative measures were collected and analyzed to examine the efficacy of the project. The music therapy program was developed for 15 sessions based on the use of music to prompt positive resources through music making and song writing. The efficacy was examined using three scales; self-concept, resilience, and stress coping skills. The paired t-test showed that there were significant improvement in all three scales respectively. In order to examine the group difference between suspended indictment and supervised probation groups, Welch–Aspin t-test was conducted due to unequal variance of the group. Results showed there was a significant group difference in self-concept and resilience. The study further examined participant’s experience of music and perceived benefits. Twenty participants had in-depth interviews about their music therapy experience which were recorded, transcribed and analyzed. Of the 109 statements derived from a qualitative content analysis of the interview transcripts, music making and song writing was repeatedly reported as helpful in gaining “new perspectives,” “courage to challenge and pursuit,” “perseverance,” and “self-acknowledgment.” The positive result of the study showed that the collaborative networking of regional and social resource to support for adolescents at-risk was successful. The results of this project are promising and suggest that other arts-based rehabilitation services and programs should be developed and implemented in juvenile justice system. For this, strategies for program sustainability for long-term facilitation are needed. (shrink)

What is understanding? My goal in this paper is to lay out a new approach to this question and clarify how that approach deals with certain issues. The claim is that understanding is a matter of compressing information about the understood so that it can be mentally useful. On this account, understanding amounts to having a representational kernel and the ability to use it to generate the information one needs regarding the target phenomenon. I argue that this ambitious new account (...) can accommodate much of the data that has motivated theories of understanding in philosophy of science, and can also be generally applicable in epistemology and daily life as well. (shrink)

It is almost universally agreed that the main business of commonsense psychology is that of providing generally reliable predictions and explanations of the actions of others. In line with this, it is also generally assumed that we are normally at theoretical remove from others such that we are always ascribing causally efficacious mental states to them for the purpose of prediction, explanation and control. Building on the work of those who regard our primary intersubjective interactions as a form of 'embodied (...) practice', I defend a secondpersonal approach in this paper. (shrink)

How do we acquire moral obligations to others? The most straightforward cases are those where we acquire obligations as the result of particular actions which we voluntarily perform. If I promise you that I will trim your hedge, I face a moral Obligation to uphold my promise, and in the absence of some morally significant countervailing reason, I should indeed cut your hedge. Moral obligations which arise as a result of wrongdoing, as a function of corrective justice, are typically thought (...) to be of a similar nature. (shrink)

How do we acquire moral obligations to others? The most straightforward cases are those where we acquire obligations as the result of particular actions which we voluntarily perform. If I promise you that I will trim your hedge, I face a moral Obligation to uphold my promise, and in the absence of some morally significant countervailing reason, I should indeed cut your hedge. Moral obligations which arise as a result of wrongdoing, as a function of corrective justice, are typically thought (...) to be of a similar nature. (shrink)

Debating Humanity explores sociological and philosophical efforts to delineate key features of humanity that identify us as members of the human species. After challenging the normative contradictions of contemporary posthumanism, this book goes back to the foundational debate on humanism between Jean-Paul Sartre and Martin Heidegger in the 1940s and then re-assesses the implicit and explicit anthropological arguments put forward by seven leading postwar theorists: self-transcendence, adaptation, responsibility, language, strong evaluations, reflexivity and reproduction of life. Genuinely interdisciplinary and boldly argued, (...) Daniel Chernilo has crafted a novel philosophical sociology that defends a universalistic principle of humanity as vital to any adequate understanding of social life. (shrink)

It is almost universally agreed that the main business of commonsense psychology is that of providing generally reliable predictions and explanations of the actions of others. In line with this, it is also generally assumed that we are normally at theoretical remove from others such that we are always ascribing causally efficacious mental states to them for the purpose of prediction, explanation and control. Building on the work of those who regard our primary intersubjective interactions as a form of ‘embodied (...) practice’, I defend a second‐personal approach in this paper. (shrink)

_Content and Consciousness_ is an original and ground-breaking attempt to elucidate a problem integral to the history of Western philosophical thought: the relationship of the mind and body. In this formative work, Dennett sought to develop a theory of the human mind and consciousness based on new and challenging advances in the field that came to be known as cognitive science. This important and illuminating work is widely-regarded as the book from which all of Dennett’s future ideas developed. It is (...) his first explosive rebuttal of Cartesian dualism and one of the founding texts of philosophy of mind. (shrink)

In the first book-length study of American philosophy at the turn of the century, Daniel J. Wilson traces the formation of philosophy as an academic discipline. Wilson shows how the rise of the natural and physical sciences at the end of the nineteenth century precipitated a "crisis of confidence" among philosophers as to the role of their discipline. Deftly tracing the ways in which philosophers sought to incorporate scientific values and methods into their outlook and to redefine philosophy itself, (...) Wilson moves between close analysis of philosophical texts and consideration of professional careers of illustrative philosophers, such as Charles Sanders Peirce, John Dewey, and Josiah Royce. The author situates the emergence of professional philosophy in the context of the professionalization of American higher education and articulates, in the case of philosophy, the structures and values of a professional discipline. One of the most important consequences of this transformation was a new emphasis on communal theories of truth. Peirce, Dewey, and Royce all developed sophisticated and important theories of community as they were engaged in reshaping and redefining the limits of philosophy. This book will be of great importance for those interested in the history of philosophy, the rise of professions, and American intellectual and educational history, and to all those seeking to understand the contemporary revival of pragmatic thought and theories of community. (shrink)

Daniel Russell develops a fresh and original view of pleasure and its pivotal role in Plato's treatment of value, happiness, and human psychology. This is the first full-length discussion of the topic for fifty years, and Russell shows its relevance to contemporary debates in moral philosophy and philosophical psychology. Plato on Pleasure and the Good Life will make fascinating reading for ancient specialists and for a wide range of philosophers.

The experience of conscious will is the feeling that we are doing things. This feeling occurs for many things we do, conveying to us again and again the sense that we consciously cause our actions. But the feeling may not be a true reading of what is happening in our minds, brains, and bodies as our actions are produced. The feeling of conscious will can be fooled. This happens in clinical disorders such as alien hand syndrome, dissociative identity disorder, and (...) schizophrenic auditory hallucinations. And in people without disorders, phenomena such as hypnosis, automatic writing, Ouija board spelling, water dowsing, facilitated communication, speaking in tongues, spirit possession, and trance channeling also illustrate anomalies of will – cases when actions occur without will or will occurs without action. This book brings these cases together with research evidence from laboratories in psychology to explore a theory of apparent mental causation. According to this theory, when a thought appears in consciousness just prior to an action, is consistent with the action, and appears exclusive of salient alternative causes of the action, we experience conscious will and ascribe authorship to ourselves for the action. Experiences of conscious will thus arise from processes whereby the mind interprets itself – not from processes whereby mind creates action. Conscious will, in this view, is an indication that we think we have caused an action, not a revelation of the causal sequence by which the action was produced. Key Words: apparent mental causation; automatism; conscious will; determinism; free will; perceived control. (shrink)

A large body of research in political science claims that the way in which democratic citizens think about politics is motivationally biased by partisanship. Numerous critics argue that the evidence for this claim is better explained by theories in which party allegiances influence political cognition without motivating citizens to embrace biased beliefs. This article has three aims. First, I clarify this criticism, explain why common responses to it are unsuccessful, and argue that to make progress on this debate we need (...) a more developed theory of the connections between group attachments and motivated reasoning. Second, I develop such a theory. Drawing on research on coalitional psychology and the social functions of beliefs, I argue that partisanship unconsciously biases cognition by generating motivations to advocate for party interests, which transform individuals into partisan press secretaries. Finally, I argue that this theory offers a superior explanation of a wide range of relevant findings than purely non-motivational theories of political cognition. (shrink)

This paper responds to Sven Bernecker’s argument that agent reliabilism cannot accommodate internalist intuitions about clarvoyance cases. In section 1 we clarify a version of agent reliabilism and Bernecker’s objections against it. In section 2 we say more about how the notion of cognitive integration helps to adjudicate clairvoyance cases and other proposed counterexamples to reliabilism. The central idea is that cognitive integration underwrites a kind of belief ownership, which in turn underwrites the sort of responsibility for belief required for (...) subjective justification. In section 3 we say more about what cognitive integration amounts to, drawing on some recent accounts of desire ownership from the literature on autonomy and moral responsibility. (shrink)