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 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)

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)

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)

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.

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)

Ever since ?ukasiewicz, it has been opinio communis that Aristotle's modal syllogistic is incomprehensible due to its many faults and inconsistencies, and that there is no hope of finding a single consistent formal model for it. The aim of this paper is to disprove these claims by giving such a model. My main points shall be, first, that Aristotle's syllogistic is a pure term logic that does not recognize an extra syntactic category of individual symbols besides syllogistic terms and, second, (...) that Aristotelian modalities are to be understood as certain relations between terms as described in the theory of the predicables developed in the Topics. Semantics for modal syllogistic is to be based on Aristotelian genus-species trees. The reason that attempts at consistently reconstructing modal syllogistic have failed up to now lies not in the modal syllogistic itself, but in the inappropriate application of modern modal logic and extensional set theory to the modal syllogistic. After formalizing the underlying predicable-based semantics (Section 1) and having defined the syllogistic propositions by means of its term logical relations (Section 2), this paper will set out to demonstrate in detail that this reconstruction yields all claims on validity, invalidity and inconclusiveness that Aristotle maintains in the modal syllogistic (Section 3 and 4). (shrink)

In this essay, I argue that Robert Boyle does not hold that true religion requires us to believe doctrines that are in violation of the law of noncontradiction or that it yields logical contradictions. Rather, due to the epistemological limitations of human reason, we are sometimes called to believe doctrines or propositions that are at first blush contradictory but, upon further inspection, not definitively so. This holds for doctrines considered singly or together and is an important qualifier to the traditional (...) line of scholarship’s flat claim that Boyle’s limits of belief are logical contradictions. My conclusions here are at odds with Jan W. Wojcik’s claim, in her important, revisionist work on the famous natural philosopher, that he teaches that sometimes we are required to believe religious doctrines that violate the law of noncontradiction. (shrink)

In this essay, I argue that Robert Boyle does not hold that true religion requires us to believe doctrines that are in violation of the law of noncontradictionor that it yields logical contradictions. Rather, due to the epistemological limitations of human reason, we are sometimes called to believe doctrines orpropositions that are at first blush contradictory but, upon further inspection, not definitively so. This holds for doctrines considered singly or together and is animportant qualifier to the traditional line of scholarship’s (...) flat claim that Boyle’s limits of belief are logical contradictions. My conclusions here are at odds withJan W. Wojcik’s claim, in her important, revisionist work on the famous natural philosopher, that he teaches that sometimes we are required to believe religiousdoctrines that violate the law of noncontradiction. (shrink)

Contemporary French philosophers such as Levinas, Bataille, and Derrida, along with the existentialists Kierkegaard and Nietzsche have all made use of Franciscan insights in order to safeguard the ipseity that cannot be reduced or totalized.1 In keeping with the taste that concerns me, this paper will examine Derrida’s turn to the poetry of Gerard Manley Hopkins and how such a turn may place Derrida within a catholic and Franciscan 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)

The authorship criteria of the International Committee of Medical Journal Editors (ICMJE) are widely accepted in biomedical journals, but many studies in large and prestigious journals show that a considerable proportion of authors do not fulfill these criteria. We investigated authorship contributions in a small medical journal outside the scientific mainstream, to see if poor adherence to authorship criteria is common in biomedical journals. We analyzed statements on research contribution, as checked by the corresponding author, for individual authors of 114 (...) research articles, representing 475 authors, submitted to the Croatian Medical Journal (CMJ) from 1999 to 2000. Only 40% of authors fulfilled the ICMJE authorship criteria. The authors listed first on the by-line were more likely to fulfill the authorship criteria than all other authors on the by-line. The percentage of authors fulfilling the ICMJE criteria of authorship decreased with the increase in the number of authors listed on the by-line. These results indicate that poor adherence to ICMJE authorship criteria is poor across biomedical journals, regardless of the size of the scientific community. Authorship and contributorship in biomedical journals, as well as editorial ethical responsibilities towards authorship criteria need critical redefinition and education of both editors and authors. (shrink)

Many studies written about the Jewish-Christian relationship are primarily historical overviews that focus on the Jewish background of Christianity, the separation of Christianity from Judiasm, or the medieval disputations between the two faiths. This book is one of the first studies to examine the relationship from a philosophical and theological viewpoint. Carefully drawing on Jewish classical sources, Novak argues that there is actual justification for the new relationship between Judaism and Christianity from within Jewish religious tradition. He demonstrates that (...) this new relationship is possible between religiously committed Jews and Christians without the two major impediments to dialogue: triumphalism and relativism. One of the very few books on this topic written by a Jewish theologian who speaks specifically to modern Christian concerns, it will provide the groundwork for a more serious development of Jewish-Christian dialogue in our day. (shrink)

The concept of the ‘infodemic’ has become a popular explanation for the rejection of anti-COVID-19 crisis governance measures. In this paper, we argue that infodemic is an inherent property of society under free institutions misused to pursue an epistemically vicious political epistemology. Furthermore, we provide an alternative account of political epistemology of COVID-19 governance and popular resistance to it. Namely, we argue that 1) pandemics represent a complex problem, and some level of resistance to governance which restricts liberties while informed (...) by ongoing scientific and political learning processes is inevitable, and 2) the resistance is exacerbated by the history of technocratization of governance and the exclusionary socio-economic inequalities which condition political and epistemic deficiencies easily exploitable by the political entrepreneurs of right-wing populism, particularly under the conditions of social media which gamifies public discourse. Thus, we argue, the correct response to the cultures of rejection of anti-COVID-19 measures is to change the underlying political and economic conditions and not to limit speech or restrict franchise as the infodemic diagnosis suggests. (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)

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'.

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)

This article examines the possible roots of the sixth-century astrologer/astronomer, Varāhamihira. Ritual instructions from astrological texts on the yātrā are compared with the preliminary services of the Atharvaveda Śāntikalpa to demonstrate that much of the astrological ritual system can be seen as an adaptation of Atharvan śānti ritual. This analysis illuminates both the possible interchange between Vedic and Jyotiḥśāstric ritual systems and Varāhamihira’s considerable expertise as a ritualist.

Śaiva Rites of Expiation: A First Edition and Translation of Trilocanaśiva’s Twelfth-Century Prāyaścittasamuccaya. Edited and translated by R. Sathyanarayanan, with an introduction by Dominic Goddall. Collection Indologie, vol. 127. Pondicherry: Institut Française de Pondichéry; École Française d’Extrême Orient, 2015. Pp. 651.

Both G.F.W. Hegel and Carl Schmitt took seriously the problem of political sovereignty entailed by liberal political theories. In Dictatorship (1919) and Political Theology (1922), Schmitt rejects liberal political theories that argue for the immediate unity of democracy and legality i.e., popular sovereignty, because he thinks they cannot secure political sovereignty. In the Philosophy of Right, Hegel denounces popular sovereignty for similar reasons. Yet given Schmitt’s negative assessment of Hegel their positions are seldom related to one another. I argue in (...) this paper that Schmitt’s analysis of liberal political theories is similar to Hegel’s analysis of Rousseau’s liberal ideas. I contend, however, that Schmitt’s solution, which collapses the distinction between the executive and the legislative power in favor of the former, fails to secure political sovereignty. Contrary to Schmitt, Hegel conceives of the liberal predicament as a basic determination of any political state that rests on the division of the legislative and executive power. Hegel argues that the constitutional monarchy is a genuine instantiation of political sovereignty that can maintain not only the division of these powers, but also their unity. In this regard, I argue that Hegel’s conception of the division of powers provides a more convincing theory of the problem afflicting modern states than Schmitt’s and at least deserves to be taken more seriously by critics of Schmitt’s solution such as Hannah Arendt, Leo Strauss, Jurgen Habermas, Andreas Kalyvas and Chantal Mouffe. (shrink)

This chapter draws a connection between Herzog’s falsified epigraph to Lessons of Darkness and Kellyanne Conway’s claim that there are “alternative facts”. Philosophers have a commitment to the truth, but in cases like Herzog’s quote or Trump’s inauguration it’s very easy to fact-check. Being a good citizen may require that from us, but doing so leaves little to resolve philosophically. Thus, if Herzog raises a question about finding truth in an age of “alt-facts” and “fake news”, then it must be (...) about something other than finding “just the facts” or reporting “real news”. To uncover the more interesting question Herzog raises, I situate his role in the film as an unreliable narrator against Jean Baudrillard’s work to show how all of our interactions with the media put us into relationships with narratives and agendas that go beyond a commitment to the facts. The question then becomes: How can we respond to the uncertainty inherent in the claims and narratives developed by the media? To address the question, I argue that we should not fall victim to either resignation or self-serving cynicism. Instead, by turning to Gilles Deleuze’s politics of affirmation we can see that our exposure to media is less about getting facts per se than in developing relationships with media where we can have some degree of trust. By looking at interviews with Herzog, I claim that his understanding of “ecstatic truth” vs. the “accountant’s truth” suggests that he would support an affirmation of truth beyond the facts rather than a return to a mythical time of “just the facts.” . (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)

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)

Regress arguments have convinced many that reasoning cannot require beliefs about what follows from what. In this paper I argue that this is a mistake. Regress arguments rest on dubious (although deeply entrenched) assumptions about the nature of reasoning — most prominently, the assumption that believing p by reasoning is simply a matter of having a belief in p with the right causal ancestry. I propose an alternative account, according to which beliefs about what follows from what play a constitutive (...) role in reasoning. (shrink)

: 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)

Abstract.Evolutionary psychology and behavioural genomics are both approaches to explain human behaviour from a genetic point of view. Nonetheless, thus far the development of these disciplines is anything but interdependent. This paper examines the question whether evolutionary psychology can contribute to behavioural genomics. Firstly, a possible inconsistency between the two approaches is reviewed, viz. that evolutionary psychology focuses on the universal human nature and disregards the genetic variation studied by behavioural genomics. Secondly, we will discuss the structure of biological explanations. (...) Some philosophers rightly acknowledge that explanations do not involve laws which are exceptionless and universal. Instead, generalisations that are invariant suffice for successful explanation as long as two other stipulations are recognised: the domain within which the generalisation has no exceptions as well as the distribution of the mechanism described by the generalisation should both be specified. It is argued that evolutionary psychology can contribute to behavioural genomic explanations by accounting for these two specifications. (shrink)

We examine topological pairs (\Delta, \Sigma) which have computable type: if X is a computable topological space and f:\Delta \rightarrow X a topological embedding such that f(\Delta) and f(\Sigma) are semicomputable sets in X, then f(\Delta) is a computable set in X. It it known that (D, W) has computable type, where D is the Warsaw disc and W is the Warsaw circle. In this paper we identify a class of topological pairs which are similar to (D, W) and have (...) computable type: we prove that (\Delta, \Sigma) has computable type if \Delta can somehow be approximated by a 2-cell whose boundary circle approximates \Sigma. Moreover, we examine higher-dimensional analogues of such pairs. (shrink)