This article brings together feminist literary theory and law by approaching a number of U.S. Federal cases on sex equality in light of the work of the renowned feminist literary critic Naomi Schor, and shows that literary theory constitutes an under-explored resource for feminist legal critique. Schor’s writings constitute a sustained rumination on the relationship between reading and feminism. Drawing on writings on language and the body by key French feminist theorists, Schor advances a method of interpretation which she terms, (...) provocatively, ‘clitoral reading’, and which focuses on the place of details relating to women’s bodies and desires within literary and cultural discourses. In the course of her career, she analysed texts from domains as diverse as literature, philosophy, visual art, the history of fashion, and photography. I will demonstrate that her work can make a valuable contribution to legal studies by using it as an interpretative lens to re-examine U.S. Federal court judgments. (shrink)

This article draws on the ‘visual turn’ in legal studies to argue for the centrality of visibility in the analysis of the regulation of gay and lesbian identities, with a specific focus on Hong Kong. Part I gives an overview of the ways in which gay visibility operates within the cityscape of Hong Kong. Parts II and III then focus on the case of Cho Man Kit v. Broadcasting Authority to examine the ways in which questions of visibility emerge in (...) the courtroom. (shrink)

The Oscar Wilde trials (1895) have usually been interpreted either as a historical document which gives insight into the regulation of sexuality in the late nineteenth century, or as literary biography explicating the playwright's life and works. Taking its cue from recent scholarship in ‘law and literature’, and also from Wilde's own conception of the relationship between art and life, this article proposes a reading of the trials which blurs the distinction between legal history and literary criticism by considering them (...) as a form of literature. It argues that the trial transcripts enact and reflect Wilde's vision of what literature is and how it should be read, and as such should be given a place amongst his literary works, alongside such aesthetic manifestos as ‘The Decay of Lying’ and ‘The Critic as Artist’. (shrink)

This paper takes a bottom-up approach to empirically investigate how people construct the meaning of obscenity, and offers an experientialist, cognitive linguistic account to explain why the term appears to defy definition and makes a problematic legal concept. To study the contextual dependence of the term, we examined the extent to which various item characteristics (such as genre, context, and the race or celebrity status of the people portrayed) and individual variables (such as gender, religion, sexual orientation and previous personal (...) and cultural experiences) influence our perception of seemingly obscene materials. We report correlations that have not been previously shown. The data support the thesis that the meaning of obscenity emerges in a cognitive-affective response that arises during a dynamic process of interpretation, and thus allows for extralegal factors to influence judgment. The results challenge the assumption that obscenity is a symbolic representation of objectively existing reality and argue that community standard of obscenity is a legal fiction. (shrink)

This study evaluates the relationship between mental health and academic motivation among third-year college TES grantees. Thus, correlational design was employed to determine if there is a significant relationship between mental health and academic motivation among 150 third-year TES grantees. Statistical findings reveal that the r coefficient of 0.52 indicates a moderate positive correlation between the variables. The p-value of 0.00, which is less than 0.05, leads to rejecting the null hypothesis. Hence, a significant relationship exists between mental health and (...) academic motivation of third-year college TES grantees. Implications were discussed in the study. (shrink)

Vice epistemology studies the qualities of individuals and collectives that undermine the creation, sharing, and storing of knowledge. There is no settled understanding of which epistemic vices exist at the collective level. Yet understanding which collective epistemic vices exist is important, both to facilitate research on the antecedents and effects of collective epistemic vice, and to advance philosophical discussions such as whether some collective epistemic vices are genuinely collective. I propose an empirical approach to identifying epistemic vices in corporations, analyzing (...) a large dataset of online employee reviews. The approach has parallels to the methodology for identifying the big-five personality traits. It surfaces epistemic vices that are attributed to corporations by its own members and reduces the number of vices to the minimum required to describe differences between corporations. This approach yields a new taxonomy of epistemic vices for corporations. While two vices identified have close correlates in the existing literature, four others have not been identified at all or only in aspects. Two of these vices are ‘genuinely’ collective in the sense that they can only be attributed to collectives. (shrink)

In this article, the authors try to answer the following questions: How can an object/instance seen for the first time extend a category or update a concept? How is it possible to determine the reference of a concept that represents a behaviour? In the first case, the authors discuss the learning of inferential linguistic competence used to update a concept through an approach based on prototype theory. In the second case, the authors discuss the learning of referential linguistic competence used (...) to determine the reference of a concept (i.e., determination of an actual behaviour) through an approach based on embodied cognition. The authors show how combining prototype-based and embodied categorization in Wittgenstein’s rule-following praxis (the individual and community dimension), linguistic learning of a concept (inferential competence), and determination of its reference (referential competence) can be traced back to the same model. Keywords Action, Categorization, Embodied Cognition, Embodiment, Linguistic Inferential Competence, Linguistic Referential Competence, Perception, Prototype Theory, Reference, Sign. (shrink)

In this contribution, we first discuss the aspects of the analytic method conceived by Kant in the Deutlichkeit that differentiate it from the Wolffian method and relate it to the Newtonian method. Compared to the philosophical tradition, the task of analysing concepts appears profoundly changed. Since Kant aims philosophy towards the world, he considers concepts as something given and intends to discern their characteristic marks by observing their usual applications. Although Kant abandons any attempt to define concepts nominally, he still (...) gives great relevance to words to the extent that concepts, according to him, acquire their meaning in the linguistic usage. We will also point out how for Kant the linguistic usage makes the analysis of concepts anything but easy and how a hermeneutic process is necessary for its completion. In distinguishing philosophical signs from mathematical signs, Kant provides the semiotic reasons that underlie his recourse to hermeneutics. (shrink)

In this paper, I first examine the classification of mental derangements contained in Kant’s "Anthropology from a Pragmatic Point of View", in order to highlight the role played by imagination in their pathogenesis. Later, on the basis of this examination, I reflect on the origins of critical philosophy, which can be seen as an attempt to construct a control device for the imagination structured as a systematic, organic space.

As state-of-art technology can create artificial images that are indistinguishable from real ones, it is urgent to understand whether believing that a picture is real or not has some import over affective phenomena such as sexual arousal. Thus, in two pre-registered online studies, we tested whether 60 images depicting models in underwear elicited higher self-reported sexual arousal when believed to be (N = 57) or presented as (N = 108) real photographs as opposed to artificially generated. In both cases, Realness (...) correlated with significantly higher scores on self-reported sexual arousal. Consistently with the literature on downregulation of emotional response to fictional works, our result indicates that sexual images that are perceived to be fake are less arousing than those believed to portray real people. (shrink)

An exploration of panpsychism in Harman's Object-Oriented Ontology.

Meditation comprises a series of practices mainly developed in eastern cultures aiming at controlling emotions and enhancing attentional processes. Several authors proposed to divide meditation techniques in focused attention and open monitoring techniques. Previous studies have reported differences in brain networks underlying FA and OM. On the other hand common activations across different meditative practices have been reported. Despite differences between forms of meditation and their underlying cognitive processes, we propose that all meditative techniques could share a central process that (...) would be supported by a core network for meditation since their general common goal is to induce relaxation, regulating attention and developing an attitude of detachment from one’s own thoughts. To test this hypothesis, we conducted a quantitative meta-analysis based on activation likelihood estimation of 10 neuroimaging studies on different meditative techniques to evidence the core cortical network subserving meditation. We showed activation of basal ganglia , limbic system and medial prefrontal cortex . We discuss the functional role of these structures in meditation and we tentatively propose a neurocognitive model of meditation that could guide future research. (shrink)

Philosophical Investigations, Volume 45, Issue 4, Page 490-511, October 2022.

We propose a new principle of 'non-interference' applied to social welfare orderings. The principle, together with two other standard requirements, implies a strong egalitarian conclusion: the ordering must lexicographically maximize the welfare of the worst off.

We study a principle of ‘Non-Interference’ in social welfare judgements. Non-Interference captures aspects of liberal approaches (particularly a Millian approach) to social decision making. In its full generality, Non-Interference produces an impossibility result: together with Weak Pareto Optimality, it implies that a social welfare ordering must be dictatorial. However, interesting restricted versions of Non-Interference are compatible with standard social welfare orderings.

We model opportunities in society as ‘chances of success’, that is as they are commonly described by practitioners. We show that a classical liberal principle of justice together with a limited principle of social rationality imply that the social objective should be to maximise the chance that everybody in society succeeds. Technically, this means using a ‘Nash’ welfare criterion. A particular consequence is that the failure of even only one individual must be considered maximally detrimental. We also study a refinement (...) of this criterion and its extension to problems of intergenerational justice. (shrink)

We analyse the liberal ethics of noninterference in social choice. A liberal principle, capturing noninterfering views of society and inspired by John Stuart Mill's conception of liberty, is examined. The principle expresses the idea that society should not penalise individuals after changes in their situation that do not affect others. An impossibility for liberal approaches is highlighted: every social decision rule that satisfies unanimity and a general principle of noninterference must be dictatorial. This raises some important issues for liberal approaches (...) in social choice and political philosophy. (shrink)

The relationship between analysts' forecasts and corporate fraud is a vital theoretical and practical question that needs to be clarified. Based on a strict distinction between negative performance gaps relative to analyst forecasts (negative forecast gaps hereinafter) and analyst coverage, this study investigates the influence of analyst forecasts on corporate fraud from a panoramic perspective. Using panel data on listed companies in China from 2008 to 2019, we find that short-term performance pressure caused by negative forecast gaps is significantly positively (...) correlated with firms’ possibility for fraudulent behavior. However, this positive correlation is weaker in state-owned enterprises than in their non-state-owned counterparts. Further, as a key external governance mechanism, analyst coverage enhances the negative moderator effect of state ownership on the positive relationship between negative forecast gaps and the likelihood of corporate fraud. (shrink)

info:eu-repo/semantics/publishedVersion.

Che relazione c’è tra capacità di ragionamento e felicità? Cos’è la democrazia, e perché dovremmo curarcene? Questo libro risponde a domande del genere, a partire da un’idea semplice e potente su cosa significa essere umani: l’idea che siamo costruttori, e che tra le cose che costruiamo ci sono le persone, le lingue, la capacità di pensare, gli obblighi morali, le istituzioni sociali e politiche. Insomma, ciò che è più importante per la nostra vita richiede un paziente lavoro di costruzione, e (...) di manutenzione. Questa costruzione di noi stessi, dell’ambiente e delle società in cui viviamo è guidata da processi simbolici e da pratiche linguistiche. Le pratiche linguistiche strutturano le nostre abitudini mentali: ci guidano nella soluzione di problemi, ci addestrano al pensiero, alla progettazione del futuro, alla mediazione tra i desideri individuali. L’educazione è l’insieme di questi processi di costruzione sociale del sé, orientata da entità linguistiche, da idee come “democrazia”, “felicità”, “bene comune” che sono a fondamento dell’identità personale e sociale. Filosofia e scienze cognitive ci aiutano a dare corpo a questa prospettiva, contro alcuni rischi attuali. In particolare, appare indispensabile recuperare l’idea di una “disciplina dell’attenzione”, strumento essenziale per trasformare il presente pieno di distrazioni in un presente denso di progetto. (shrink)

The metaphysical question presupposes the ontological one: are there forms of social unit that can be recognized as real groups and, if so, what are they? The ontological answer can be affirmative only if we are able to identify real collective entities, that is, social wholes that are not reducible to the mere sum of their individual parts. Through an ontological comparison between different types of social interaction, this paper shows the ontological properties of a real collective subject. It is (...) such, only if relations between its constituent parts generate an intrinsic normative structure, which gives existence to a higher order of social units. In this order members are bound to each other and are collectively bound to their group. They are bearers of collective intentionality. Their actions contribute to collective agency. Their responsibility is more complex and stratified than that of an independent individual. Moreover, all types of real wholes depend on ontological constitution processes, which give them the following: an intrinsic structural unit, a typological identity and emerging properties. The latter can be both new characteristics and new causal powers, which constituent parts do not have. Therefore, a right understanding of these ontological constitution processes is capable of overcoming reductionist isomorphism. It also offers the fundamental criterion for proposing a metaphysical theory that, being rooted in a rigorous ontology, is not an arbitrary exercise of imagination. (shrink)

A volume with 14 chapters on various aspects of the relationship between responsibility and healthcare, plus a substantial introduction that offers a comprehensive overview of the relevant debates and how they relate to one another. Questions of responsibility arise at all levels of health care. Most prominent has been the issue of patient responsibility. Some health conditions that risk death or serious harm are partly the result of lifestyle behaviours such as smoking, lack of exercise, or extreme sports. Are patients (...) with such conditions responsible for them? If so, might healthcare providers, be they state-run systems or private entities, be justified in treating such patients differently? And if they are, which forms of differential treatment are justified? Responsibility isn’t just relevant for patients. Even when individuals affect their health through voluntary behaviour, other influences are also at work before, during, and after the patient’s interaction with the health care system. What are the responsibilities of individual clinicians and other medical professionals, when thinking about individual and public health? What about institutions such as governments or national health care services, or society as a whole? This collection brings together work by world-renowned experts in population ethics, distributive justice, philosophy of action, cognitive science, and medical ethics in order to push the debate forward by elucidating our understanding of these questions, their possible answers, and how they are related. (shrink)

While there is convincing evidence that preverbal human infants and non-human primates can spontaneously represent number, considerable debate surrounds the possibility that such capacity is also present in other animals. Fish show a remarkable ability to discriminate between different numbers of social companions. Previous work has demonstrated that in fish the same set of signature limits that characterize non-verbal numerical systems in primates is present but yet to provide any demonstration that fish can really represent number rather than basing their (...) discrimination on continuous attributes that co-vary with number. In the present work, using the method of 'item by item' presentation, we provide the first evidence that fish are capable of selecting the larger group of social companions relying exclusively on numerical information. In our tests subjects could choose between one large and one small group of companions when permitted to see only one fish at a time. Fish were successful when both small (3 vs. 2) and large numbers (8 vs. 4) were involved and their performance was not affected by the density of the fish or by the overall space occupied by the group. (shrink)

Starting with the reference to “Plato’s dictum” that Freud added in the second last page of the first edition of The Interpretation of Dreams, the author explains the convergences between the conception of dreams expounded by Plato in the Republic and Freud’s fundamental insights. The analysis of bibliographic sources used by Freud, and of his interests, allow than to suppose not only that Freud omitted to acknowledge the Plato’s theoretical genealogy of “the Via Regia to the unconscious”, but also the (...) possibility that the Republic constituted a tacit source of inspiration for the composition of The Interpretations of dreams. -/- Muovendo dal richiamo al «detto di Platone» inserito nella penultima pagina della prima edizione de "L’interpretazione dei sogni" di Freud (1899), vengono preliminarmente esposte le convergenze tra la concezione del sogno di Platone esposta ne "La Repubblica" e le intuizioni poste alla base dell’edificio freudiano. Alla luce delle fonti testuali citate e utilizzate da Freud, e dei suoi interessi, viene poi avanzata l’ipotesi che egli non soltanto abbia omesso di riconoscere la genealogia teoretica platonica della «via regia che porta alla conoscenza dell’inconscio» (p. 282), ma che l’antico dialogo abbia potuto rappresentare una fonte tacita di ispirazione per la composizione de "L’interpretazione dei sogni". (shrink)

The article is focused on Honneth’s teleology of history, presented as a historical process of gradual realization of an immanent normative ‘telos’, and not only as a form of axiological evaluation...