Gilbert's kisceral argumentation is, roughly speaking, about arguing based on intuitions. In the forefront of such a (rhetorical) model are arguers and audiences, who resolve disagreements using kisceral arguments. Intuitions as reasons were more important in pre-modern law, when the law was not as explicit, precise, and determinate as today. Law influenced by religion or religious law was a typical example. In our much more secular modern era, intuitions are more or less subordinated to the (legal) logical mode of arguing. (...) However, in tough legal cases, when logic "runs out," it is values that decide them. Not surprisingly, neuroscience and cognitive psychology have shown a strong connection between values and intuition. (shrink)

Gilbert's kisceral argumentation is, roughly speaking, about arguing based on intuitions. In the forefront of such a (rhetorical) model are arguers and audiences, who resolve disagreements using kisceral arguments. Intuitions as reasons were more important in pre-modern law, when the law was not as explicit, precise, and determinate as today. Law influenced by religion or religious law was a typical example. In our much more secular modern era, intuitions are more or less subordinated to the (legal) logical mode of arguing. (...) However, in tough legal cases, when logic "runs out," it is values that decide them. Not surprisingly, neuroscience and cognitive psychology have shown a strong connection between values and intuition. (shrink)

Gilbert's kisceral argumentation is, roughly speaking, about arguing based on intuitions. In the forefront of such a (rhetorical) model are arguers and audiences, who resolve disagreements using kisceral arguments. Intuitions as reasons were more important in pre-modern law, when the law was not as explicit, precise, and determinate as today. Law influenced by religion or religious law was a typical example. In our much more secular modern era, intuitions are more or less subordinated to the (legal) logical mode of arguing. (...) However, in tough legal cases, when logic "runs out," it is values that decide them. Not surprisingly, neuroscience and cognitive psychology have shown a strong connection between values and intuition. (shrink)

This paper discusses how an understanding of Jung's psychological types is important for the relevance of Gilbert's multi-modal argumentation theory. Moreover, it highlights how the types have been confirmed by contemporary neuroscience and cognitive psychology. Based on Gilbert's approach, I extend multi-modal argumentation to the area of legal argumentation. It seems that when we leave behind the traditional fortress of “logical” legal argumentation, we "discover" alternate modes that have always been present, concealed in the theoretically underestimated rhetorical skills of arguers.

This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jung's psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book (...) describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did. (shrink)

A classic debate in the history of philosophy is that between rationalists and empiricists concerning the “true” source of human knowledge. In legal philosophy this debate has been reflected in the classic opposition between natural law and legal positivist perspectives. Even the currently predominant inclusivist perspectives on the nature of law, such as inclusive legal positivism and inclusive legal non-positivism, are not immune to such a dichotomy. In this paper I attempt to present an understanding of specific cognitive characteristics of (...) prevailing legal theories from the perspective of the theory of psychological types as developed by Carl G. Jung. (shrink)

BackgroundThere has been no in-depth research of public attitudes on withholding or withdrawing life-prolonging treatment, euthanasia, assisted suicide and physician assisted suicide in Croatia. The aim of this study was to examine these attitudes and their correlation with sociodemographic characteristics, religion, political orientation, tolerance of personal choice, trust in physicians, health status, experiences with death and caring for the seriously ill, and attitudes towards death and dying. MethodsA cross-sectional study was conducted on a three-stage random sample of adult citizens of (...) the Republic of Croatia, stratified by regions, counties, and locations within those counties. In addition to descriptive statistics, ANOVA and Chi-square tests were used to determine differences, and factor analysis, correlation analysis and multiple regression analysis for data analysis.Results38.1% of the respondents agree with granting the wishes of dying people experiencing extreme and unbearable suffering, and withholding life-prolonging treatment, and 37.8% agree with respecting the wishes of such people, and withdrawing life-prolonging treatment. 77% of respondents think that withholding and withdrawing procedures should be regulated by law because of the fear of abuse. Opinions about the practice and regulation of euthanasia are divided. Those who are younger and middle-aged, with higher levels of education, living in big cities, and who have a more liberal worldview are more open to euthanasia. Assisted suicide is not considered to be an acceptable practice, with only 18.6% of respondents agreeing with it. However, 40.1% think that physician assisted suicide should be legalised. 51.6% would support the dying person’s autonomous decisions regarding end-of-life procedures.ConclusionsThe study found low levels of acceptance of withholding or withdrawing life-prolonging treatment, euthanasia, assisted suicide and physician assisted suicide in Croatia. In addition, it found evidence that age, level of education, political orientation, and place of residence have an impact on people’s views on euthanasia. There is a need for further research into attitudes on different end-of-life practices in Croatia. (shrink)

In this paper, I develop an epistemological argument for freedom from poverty, building on Gerald Gaus’ work on political and moral disagreement in New Diversity Theory (NDT). NDT argues that diversity and disagreement are fundamental to political and moral learning. In this paper, I address Gaus’ central arguments in NDT, and focus on what I argue to be the key epistemological distinction of his account—namely, the argument that the relevant diversity, which is conducive to political and moral learning and should (...) therefore be protected by an institutional order, should not be defended or defined by reference to its performance with regards to discovery of true beliefs, but by reference to the independent epistemic value of protection of disagreeing, redundant and distant investigators. I develop a restatement of this argument from the perspective of institutional epistemology, and show that (along with constitutional liberties, polycentric self-governance and markets) freedom from poverty must be considered an institutional “device” conducive to such a conception of diversity. While Gaus rejects redistributive policies at the level of an institutional order, it is precisely his account of the epistemic powers of diversity and disagreement which provides the strongest defense of minimal redistribution. (shrink)

Attempts to explain behavior genetically face two major problems: the application of the concept of genetic coding and the theoretical possibility of decomposing behavior. This paper argues that using the notion of genetic coding is appropriate in explanations of protein synthesis but inadequate and even misleading in the context of explanations of behavior. Genes should be regarded as disparate components of mechanisms that account for behavior rather than as codes for behavioral phenotypes. Such mechanistic explanations, however, presuppose the possibility of (...) decomposing behavioral phenotypes, which is strongly disputed by researchers holding an interactionist view of behavior. It is argued that these researchers fail to distinguish etiological from constitutive decomposition, and that their objections apply to the former but not to the latter kind. Constitutive decomposition might identify genes as disparate components and open up the possibility of explaining behavior mechanistically by isolating causal paths from genes to behavior. Finally, research on the single gene disorder phenylketonuria is introduced to illustrate and test these views. With respect to this disorder it is demonstrated that applying the concept of genetic coding would be inappropriate and misguiding, while nonetheless the phenotype is decomposable and can be explained mechanistically by singling out a genetic causal path.t is demonstrated that applying the concept of genetic coding would be inappropriate and misguiding, while nonetheless the phenotype is decomposable and can be explained mechanistically by singling out a genetic causal path. (shrink)

In response to Albrecht et al.’s (J Agric Environ Ethics 26(4):827–845, 2013) discussion on the ethics of assisted migration, we emphasize the issues of risk and scientific uncertainty as an inextricable part of a comprehensive ethical evaluation. Insisting on a separation of risk and ethical considerations, although arguably common in many policy contexts, is at best misguided and at worst damaging.

In this study, we examine the influence of senior leadership on firms’ corporate social responsibility. We integrate upper echelons research that has investigated either the influence of the CEO or the top management team on CSR. We contend that functional experience complementarity between CEOs and TMTs in formulating and implementing CSR strategy may underlie differentiated strategies in CSR. We find that when CEOs who have predominant experience in output functions are complemented by TMTs with a lower proportion of members who (...) have experience in output functions, there is a pronounced effect on the community, product, and diversity dimensions of CSR. In turn, when output-oriented CEOs are complemented by output-oriented TMTs, we observe an effect on the employee relations dimension of CSR. Interestingly, we find no influence of CEO-TMT complementarity on the environment dimension of CSR. In general, our empirical results support the relevance of the interaction between CEOs and their TMTs in defining their firms’ CSR profile. (shrink)

We provide a novel Bayesian justification of inference to the best explanation. More specifically, we present conditions under which explanatory considerations can provide a significant confirmatory boost for hypotheses that provide the best explanation of the relevant evidence. Furthermore, we show that the proposed Bayesian model of IBE is able to deal naturally with the best known criticisms of IBE such as van Fraassen?s?bad lot? argument.

Introduction. Going digital: cinema's new age -- The reality of the index, or where does the truth lie? -- Physical presences: reality, materiality, corporeality -- Spatial coordinates: in between celluloid strips and codified pixels -- Rediscovering cinematic time -- Tracing an ethics of the movie image -- Conclusion. change: a point of constant departure.

Derrida has been interpreted as a nihilist and relativist. This study demonstrates that he has an ethics and a concern for religion that goes beyond the structures of the philosophical tradition.

In this new book, Marko Zlomislić argues that Slavoj Žižek's work does not contain any sort of radical emancipatory project, especially as it passes through the ideology of communism and Lacanian psychoanalysis. The evidence for the failure of communism is vast and includes the more than six hundred mass graves recently located in Žižek's homeland of Slovenia. Zlomislić demonstrates that the way out of the capitalist dilemma is not a repetition of communism but a return to the late medieval (...) notion of haecceity or "individual thisness" that was rejected by modernity. Haecceity, or the indescribable and indefinite here and now of the person, shows that the late medieval Franciscans were already "postmodernists." It is no wonder that the totalitarianism of the modernist Hegel is embraced by thinkers such as Žižek, Badiou, Hardt, Negri, and Laclau and was already rejected by Leibnitz, Kierkegaard, Nietzsche, Levinas, Deleuze, and Derrida. This important book shows that Žižek's work must be rejected because it does not uphold the dignity, worth, and uniqueness of the person. (shrink)

With the passing of disputations between Jewish and Christian thinkers as to whose tradition has a more universal ethics, the task of Jewish and Christian ethicists is to constitute a universal horizon for their respective bodies of ethics, both of which are essentially particularistic being rooted in special revelation. This parallel project must avoid relativism that is essentially anti-ethical, and triumphalism that proposes an imperialist ethos. A retrieval of the idea of natural law in each respective tradition enables the constitution (...) of some intelligent common ground for ethical cooperation in both theory and practice between the traditions. This essay also suggests how the constitution of this common ground could include Muslims as well. The constitution of this common ground enables religious ethicists to present more cogent ethical arguments in secular space, but only of course, when those who now control secular space are open to arguments from members of any religious tradition. (shrink)

Recently it has been argued that certain neuropsychological findings on the decision-making, instrumental learning, and moral understanding in psychopathic offenders offer reasons to consider them not criminally responsible, due to certain epistemic and volitional impairments. We reply to this family of arguments, that collectively we call the irresponsibility of the psychopath argument. This type of argument has a premise that describes or prescribes the deficiencies that grant or should grant partial or complete criminal exculpation. The other premise contends that neuropsychological (...) evidence shows that psychopaths have incapacitates that are sufficient to ascribe complete or partially exculpatory deficiencies. The focus of our criticism is this latter premise. We argue that it requires that psychopathy should correlate significantly with certain rational incapacities that manifest across contexts. We show that the available neuropsychological data do not support the claim that psychopaths have such general exculpatory incapacities. (shrink)

In their 2010 paper, Dizadji-Bahmani, Frigg, and Hartmann argue that the generalized version of the Nagel–Schaffner model that they have developed is the right one for intertheoretic reduction, i.e. the kind of reduction that involves theories with largely overlapping domains of application. Drawing on the GNS, DFH presented a Bayesian analysis of the confirmatory relation between the reducing theory and the reduced theory and argued that, post-reduction, evidence confirming the reducing theory also confirms the reduced theory and evidence confirming the (...) reduced theory also confirms the reducing theory, which meets the expectations one has about theories with largely overlapping domains. In this paper, I argue that the Bayesian analysis presented by DFH faces difficulties. In particular, I argue that the conditional probabilities that DFH introduce to model the bridge law entail consequences that run against the GNS. However, I also argue that, given slight modifications of the analysis that are in agreement with the GNS, one is able to account for these difficulties and, moreover, one is able to more rigorously analyse the confirmatory relation between the reducing and the reduced theory. (shrink)

In the late 1950sHeidegger revived the notion of the,ontological difference‘, which he considered to be the constitution for the meaning of both,being‘ (Sein) and the,entity‘ (Seiendes). The unifying process of this constitution bore the name,discharge‘ (Austrag) and expressed the dynamic, static, and generic features of,being‘. But even this new description means only the designation for the primordial unconcealedness (Unverborgenheit), which according to Heidegger is the,matter of thinking‘ (Sache des Denkens). And again, Heidegger brings just another notion to express that the,nearness‘ (...) as the comprising meaning of presence (Anwesen) is the true name for,world‘. Thus, Heideggers notions for,being‘ as presence,,staying dwelling‘,,enowing‘ (Ereignis), and,discharge‘ speak about his turning away from thinking of,being‘(ontology) and his turning towards,topology???, where the relationship of,world and thing‘ is preferred to the,ontological difference‘ between,being‘ and the,entity‘. (shrink)

Effective and specifically targeted social and therapeutic responses for antisocial personality disorders and psychopathy are scarce. Some authors maintain that this scarcity should be overcome by revising current syndrome - based classifications of these conditions and devising better biocognitive classifications of antisocial individuals. The inspiration for the latter classifications has been embedded in the Research domain criteria approach (RDoC). RDoC - type approaches to psychiatric research aim at transforming diagnosis, provide valid measures of disorders, aid clinical practice, and improve health (...) outcomes by integrating the data on the genetic, neural, cognitive, and affective systems underlying psychiatric conditions. In the first part of the paper, we discuss the benefits of such approaches in comparison to the dominant syndrome-based ones and review recent attempts at building biocognitive classifications of antisocial individuals. Other researchers, how ever, have objected that biocognitive approaches in psychiatry are committed to an untenable form of explanatory. (shrink)

In their paper “Is psychopathy a mental disease?”, Thomas Nadelhoffer and Walter Sinnott-Armstrong argue that according to any plausible account of mental disorder, neural and psychological abnormalities correlated with psychopathy should be regarded as signs of a mental disorder. I oppose this conclusion by arguing that at least on a naturalistically grounded account, such as Wakefield’s ‘Harmful Dysfunction’ view, currently available empirical data and evolutionary considerations indicate that psychopathy is not a mental disorder.

: An analysis of traditional Jewish texts yields neither the capitalist notion of medicine nor the socialist one. Neither alternative is sufficient to ground the respect for the sanctity of the human person as a being created in the image of God that is so rationally appealing. That is why the Jewish ethical tradition, which is based on this respect for the sanctity of human personhood, both individual and collective, is so attractive—if only for its insights, rather than its authority; (...) its guidance, rather than its governance. (shrink)

Aristotle was the founder not only of logic but also of modal logic. In the Prior Analytics he developed a complex system of modal syllogistic which, while influential, has been disputed since antiquity--and is today widely regarded as incoherent. Combining analytic rigor with keen sensitivity to historical context, Marko Malink makes clear that the modal syllogistic forms a consistent, integrated system of logic, one that is closely related to other areas of Aristotle's philosophy. Aristotle's modal syllogistic differs significantly from (...) modern modal logic. Malink considers the key to understanding the Aristotelian version to be the notion of predication discussed in the Topics--specifically, its theory of predicables and the ten categories. The predicables introduce a distinction between essential and nonessential predication. In contrast, the categories distinguish between substantial and nonsubstantial predication. Malink builds on these insights in developing a semantics for Aristotle's modal propositions, one that verifies the ancient philosopher's claims of the validity and invalidity of modal inferences. While it acknowledges some limitations of this reconstruction, Aristotle's Modal Syllogistic brims with bold ideas, richly supported by close readings of the Greek texts. (shrink)

It has been argued that a biomarker-informed classification system for antisocial individuals has the potential to overcome many obstacles in current conceptualizations of forensic and psychiatric constructs and promises better targeted treatments. However, some have expressed ethical worries about the social impact of the use of biological information for classification. Many have discussed the ethical and legal issues related to possibilities of using biomarkers for predicting antisocial behaviour. We argue that prediction should not raise the most pressing ethical worries. Instead, (...) issues connected with ‘biologisation’, such as stigmatization and negative effects on self-image, need more consideration. However, we conclude that also in this respect there are no principled ethical objections against the use of biomarkers to guide classification and treatment of adult antisocial individuals. (shrink)

Psychopathy, executive functions, and neuropsychological data: a response to Sifferd and Hirstein.

We prove, by a probabilistic argument, that a class of ω-categorical structures, on which algebraic closure defines a pregeometry, has the finite submodel property. This class includes any expansion of a pure set or of a vector space, projective space or affine space over a finite field such that the new relations are sufficiently independent of each other and over the original structure. In particular, the random graph belongs to this class, since it is a sufficiently independent expansion of an (...) infinite set, with no structure. The class also contains structures for which the pregeometry given by algebraic closure is non-trivial. (shrink)

The articles in this volume offer a fresh perspective on the important role of the concept of law (lex) in the moral and political philosophy of the 'School of Salamanca'.

Immersive virtual environments can produce a state of behaviour referred to as ‘presence’, during which the individual responds to the virtual environment as if it were real. Presence can be arranged to scientifically evaluate and affect our consciousness within a controlled virtual environment. This phenomenon makes the use of virtual environments amenable to existing and in-development forms of therapy for various conditions. Delirium in the intensive care unit (ICU) is one such condition for which virtual reality (VR) technology has not (...) been evaluated to date. We are currently assessing the feasibility and utility of a delirium prevention and treatment system, which implements VR to improve quality of sleep, reduce pain, lower usage of sedatives, and stimulate cognition. The proposed system will consist of 3-axis wearable accelerometers, 6-DOF position trackers, a VR system and apps designed to promote sleep quality and mindfulness. Our a priori hypothesis is that our VR therapy system would lower the occurrence of delirium in patients admitted to ICUs. (shrink)

The article is a summary of recent experimental data on anchoring heuristic and models that seek to explain it. Anchoring heuristic represents one of the mechanisms of decision making in situations of limited information or time, by using a comparison standard called – an anchor. Given the supposed wide usage of this heuristic, authors explore the unconscious character of the heuristic and ways of making its biasing effects less prominent. Apart from the standard experimental design in which anchor is directly (...) connected to the judgment in question, evidence shows that people can be anchored indirectly, even when the anchor is perceived unconsciously. Newest data show that anchoring effect should be explained by two distinct processes. In the concluding remarks, authors consider broader implications of anchoring for the field of social cognition.U članku se opisuju noviji eksperimentalni nalazi vezani uz heuristiku sidrenja kao i modeli koji ih objašnjavaju. Heuristika sidrenja označava jedan od načina na koji ljudi donose odluke u nedostatku informacija i/ili vremena, a podrazumijeva korištenje standarda usporedbe kako bi se došlo do željene procjene. S obzirom na pretpostavljenu široku upotrebu ove heuristike, u članku se istražuju teoretska objašnjenja, razjašnjavaju razlozi zbog kojih je utjecaj te heuristike nedostupan svijesti te kako umanjiti njome izazvanu pristranost u razmišljanju. Osim standardnog nacrta kojim se ispituje ovaj fenomen opisani su i dokazi prema kojima sidro može vršiti svoj utjecaj i kad se ne dovodi u direktnu vezu s procjenom, čak i kada je percipirano nesvjesnim putem. Najnoviji skup istraživanja pak pokazuje da se heuristika sidrenja, prvotno zamišljena kao jedinstveni mehanizam, zapravo može podijeliti na dva bitno različita procesa. Zaključno se razmatraju kakve bi implikacije ovaj razvoj u istraživanjima mogao imati za područje socijalne kognicije općenito. (shrink)