Recent literature in experimental philosophy has postulated the existence of the abstract/concrete paradox : the tendency to activate inconsistent intuitions depending on whether a problem to be analyzed is framed in abstract terms or is described as a concrete case. One recent study supports the thesis that this effect influences judicial decision-making, including decision-making by professional judges, in areas such as interpretation of constitutional principles and application of clear-cut rules. Here, following the existing literature in legal theory, we argue that (...) the susceptibility to such an effect might depend on whether decision-makers operate in a legal system characterized by the formalist or particularist approach to legal interpretation, with formalist systems being less susceptible to the effect. To test this hypothesis, we compare the results of experimental studies on ACP run on samples from two countries differing in legal culture: Poland and Brazil. The lack of significant differences between those results suggests that ACP is a robust effect in the legal context. (shrink)

ARE NEURAL CORRLEATES OF CONSCIOUSSNESS NECESSARY FOR PHILOSOPHY? This article discusses philosophical issues concerning theory of neural correlates of consciousness (NCC) and the possible philosophical interpretation of the positions taken by scholars dealing with these issues, whether these views expressly refer to the philosophy of mind, or not. In the first part I will present existing theories regarding the NCC, and try to find their common ground. The concept of NCC was defined by D. Chalmers, by F. Crick and Ch. (...) Koch, and by A. Damasio and it is argued that those definitions are perfectly complementary. The summary of this section presents the methodological problems associated with the theory of NCC pointed out by J. Bremer. In the second part, the intersection of the positions is contrasted with the classical discussion concerning the philosophy of mind and interpreted from a philosophical point of view. In particular, the issue of possible points of contact between the classical phenomenological method and NCC is pursued. (shrink)

Advancements in neuroscience cast new light on the functioning of the human mind. This is especially important within the context of criminal law, wherein consciousness plays a crucial role in determining criminal responsibility. Yet, there are some caveats in the direct application of these new findings, most of which are related to the specific conceptual framework of law based upon commonsense knowledge and (sometimes) outdated psychology. This framework has also produced different doctrines of interpretation in the systems of common and (...) civil law. Moreover, the goals of the law are to some extent different from scientific research on the brain. The aim of this study is to assess to what extent and under what interpretation scientific knowledge concerning consciousness might be useful for legal purposes, especially for the criminal law. Our assessment is that most of the current concepts of criminal law are directly related to outdated psychological and neuroscientific theories, and that the content of those concepts should be updated according to the newest scientific findings while remaining in accordance with the primary functions of criminal law. (shrink)

Recenzja książki: _Panorama współczesnej filozofii_, Jacek Hołówka, Bogdan Dziobkowski, Wydawnictwo Naukowe PWN, Warszawa 2016, ss. 559.

The purpose of this article is to analyze the issue of delusions as natural kinds in the context of the problem of scientific basis of psychiatry. In the analysis the author points out that the claim that delusions are a natural kind (perceived rather classically) cannot be maintained and delusions should be analyzed rather as a homeostatic property clusters. This concept is very popular recently in philosophy of psychiatry and will be the subject of analysis of the second part of (...) the article. (shrink)

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

The aim of this paper is very modest. First, we want to assess how different strategies of naturalization might deal with the need of using folk psychology in legal domain. Second, we want to check whether folk psychology is indeed indispensable in the legal domain. Third, we want to describe possible problems with one strategy of naturalization, i.e. radical naturalization with classical elimination. Our conclusion will be that despite various attempts, every project of naturalization of law will have to resolve (...) the tension between law and folk psychology and such resolution would not be achieved by simple reduction or elimination of folk psychology. A variety of non-standard solutions might be in place to resolve this tension. We will only outline those strategies here. (shrink)

A cross-cultural survey experiment revealed a widespread tendency to rely on a rule’s letter over its spirit when deciding which acts violate the rule. This tendency’s strength varied markedly across (k = 15) field sites, owing to cultural variation in the impact of moral appraisals on judgments of rule violation. Compared to laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether, and consequently exhibited more pronounced textualist tendencies. Finally, we evaluated a plausible mechanism for (...) the emergence of textualism: In a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (Ntotal = 5495) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an easily identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers and judges. (shrink)

The paper critically examines the conception of majoritarian democracy. In the second part of the text, the author introduces the definition of majoritarian democracy based on the Joseph Schumpeter’s theory of minimal democracy. The thesis of the paper is that electing the government by universal suffrage is neither necessary nor sufficient as a condition for a democratic regime. The concept of democracy is broader, including the catalogue of democratic values connected with the concept of democratic citizenship, special circumstances of political (...) action and the limitation of government powers. (shrink)

Brandom (Citation1994) made inferentialism an intensely debated idea in the philosophy of language in the last three decades. Inferentialism is a view that associates the meaning of linguistic expression with the role said expression plays in inferences. It seems rather uncontroversial that the correct theory of meaning should distinguish between linguistic correctness and factual correctness. For instance, speaker S can be wrong in saying ‘I have arthritis’ in two distinct ways: (i) S fails to apply a word correctly to make (...) a true statement due to having made a factual error, and (ii) S uses an expression incorrectly because they are wrong about its meaning. In this paper, I show that properly understood normative inferentialism can make room for such a distinction. I propose that linguistic correctness is a structural issue: linguistic mistakes stem from the improper or insufficient acquisition of an inferential role. Factual correctness, on the other hand, is a one-off issue of the correct application of inferential rules to a particular situation. I argue that, by tying the issue of correctness to the game of giving and asking for reasons, inferentialism can establish a reliable method for distinguishing between two types of correctness (and mistakes). (shrink)

According to the expertise defense, practitioners of the method of cases need not worry about findings that ordinary people’s philosophical intuitions depend on epistemically irrelevant factors. This is because, honed by years of training, the intuitions of professional philosophers likely surpass those of the folk. To investigate this, we conducted a controlled longitudinal study of a broad range of intuitions in undergraduate students of philosophy (n = 226), whose case judgments we sampled after each semester throughout their studies. Under the (...) assumption, made by proponents of the expertise defense, that formal training in philosophy gives rise to the kind of expertise that accounts for changes in the students’ responses to philosophically puzzling cases, our data suggest that the acquired cognitive skills only affect single case judgments at a time. There does not seem to exist either a general expertise that informs case judgments in all areas of philosophy, or an expertise specific to particular subfields. In fact, we argue that available evidence, including the results of cross-sectional research, is best explained in terms of differences in adopted beliefs about specific cases, rather than acquired cognitive skills. We also investigated whether individuals who choose to study philosophy have atypical intuitions compared to the general population and whether students whose intuitions are at odds with textbook consensus are more likely than others to drop out of the philosophy program. (shrink)

Boreal forests store a globally significant pool of carbon (C), mainly in tree biomass and soil organic matter (SOM). Although crucial for future climate change predictions, the mechanisms underlying C stabilization are not well understood. Here, recently discovered mechanisms behind SOM stabilization, their level of understanding, interrelations, and future directions in the field are provided. A recently unraveled mechanism behind C stabilization via interaction of root‐derived tannins with fungal necromass emphasizing fungal necromass chemistry is brought forth. The long‐lasting dogma of (...) the stability of SOM on minerals is challenged and the newest insights from the field of soil fauna and their influence on SOM stabilization are provided. In conclusion, mechanisms unraveled during the last decade are crucial steps forward to draw a holistic view of the main drivers of SOM stabilization. (shrink)

Digital Voice Assistants have become a ubiquitous technology in today’s home and childhood environments. Inspired by original study on how children’s ontological conceptualizations of life and technology were systematically associated with their real-world exposure to robotic entities, the current study explored this association for children in their middle childhood and with different levels of DVA-exposure. We analyzed correlational survey data from 143 parent–child dyads who were recruited on ‘Amazon Mechanical Turk’. Children’s ontological conceptualization patterns of life and technology were measured (...) by asking them to conceptualize nine prototypical organically living and technological entities with respect to their biology, intelligence, and psychology. Their ontological conceptualization patterns were then associated with their DVA-exposure and additional control variables. Compared to biology and psychology, intelligence was a less differentiating factor for children to differentiate between organically living and technological entities. This differentiation pattern became more pronounced with technological affinity. There was some evidence that children with higher DVA-exposure differentiated more rigorously between organically living and technological entities on the basis of psychology. To the best of our knowledge, this is the first study exploring children’s real-world exposure to DVAs and how it is associated with their conceptual understandings of life and technology. Findings suggest although psychological conceptualizations of technology may become more pronounced with DVA-exposure, it is far from clear such tendencies blur ontological boundaries between life and technology from children’s perspective. (shrink)

In this paper I present how the normative inferentialist can make the distinction between sentence meaning and content of the utterance. The inferentialist can understand sentence meaning as a role conferred to that sentence by the rules governing inferential transitions and content of the utterance as just a part of sentence meaning. I attempt to show how such a framework can account for prominent scenarios presented by contextualists as a challenge to semantic minimalism/literalism. I argue that inferentialism can address contextualist (...) challenges in a simple and effective manner by understanding sentence meaning as broad, but invariant. (shrink)

Despite the great expansion and many benefits of information and communication technologies in healthcare, the attitudes of Polish general practitioners to e-health have not been explored. The aim of this study was to determine the GPs’ perception of ICT use in healthcare and to identify barriers to the adoption of EMR in the Podlaskie Voivodeship. Online and telephone surveys were conducted between April and May 2013. Responses from 103 GP practices, 43% of all practices in the region, were analysed. The (...) results showed that 67% of the respondents agreed that IT systems improve quality of healthcare services. In the GP group who declared at least partial EMR implementation, 71.4% see the positive impact of IT on practice staff processes and 66.1% on personal working processes. In this group, more than three-quarters of GPs did not see any positive impact of ICT on the average number of patients treated per day, number of patients within the practice or scope of services. The four most common barriers to EMR implementation were: lack of funds, risk of a malfunction in the system, resistance to change, and lack of training and proper information. Although the use of ICT by Polish GPs is limited, their attitude to e-health is generally positive or neutral and resembles the overall pattern in Europe. Barriers identified by GPs need to be taken into account to ensure the effective implementation of e-health across the country. (shrink)

The history of the research on peptic ulcer disease is characterized by a premature abandonment of the bacterial hypothesis, which subsequently had its comeback, leading to the discovery of Helicobacter pylori—the major cause of the disease. In this paper we examine the received view on this case, according to which the primary reason for the abandonment of the bacterial hypothesis in the mid-twentieth century was a large-scale study by a prominent gastroenterologist Palmer, which suggested no bacteria could be found in (...) the human stomach. To this end, we employ the method of digital textual analysis and study the literature on the etiology of PUD published in the decade prior to Palmer’s article. Our findings suggest that the bacterial hypothesis had already been abandoned before the publication of Palmer’s paper, which challenges the widely held view that his study played a crucial role in the development of this episode. In view of this result, we argue that the PUD case does not illustrate harmful effects of a high degree of information flow, as it has frequently been claimed in the literature on network epistemology. Moreover, we argue that alternative examples of harmful effects of a high degree of information flow may be hard to find in the history of science. (shrink)

The paper concerns the problem of the legal responsibility of autonomous machines. In our opinion it boils down to the question of whether such machines can be seen as real agents through the prism of folk-psychology. We argue that autonomous machines cannot be granted the status of legal agents. Although this is quite possible from purely technical point of view, since the law is a conventional tool of regulating social interactions and as such can accommodate various legislative constructs, including legal (...) responsibility of autonomous artificial agents, we believe that it would remain a mere ‘law in books’, never materializing as ‘law in action’. It is not impossible to imagine that the evolution of our conceptual apparatus will reach a stage, when autonomous robots become full-blooded moral and legal agents. However, today at least, we seem to be far from this point. (shrink)

We have taken a look at the rules of games in order to acquire some knowledge concerning constitutive rules and, probably, institutional phenomena in general. In this paper we tried to elaborate a system account of constitutive rules. We claim that all accounts that put emphasis on the form of rules are vulnerable. It appears that constitutive rules are interconnected and always form a system that can be internally differentiated. Thanks to adopting certain qualitative criterion we were able to distinguish (...) central and peripheral constitutive rules. Moreover, that very account makes it possible to distinguish between different types of practices that are determined by types of systems of rules. Secondly, it appears there are three “layers” of games that should not be confused: deep conventions, constitutive rules that establish the game and determine games’ identities, and “rules of efficiency” that are some sort of recommendations as to how to play well. (shrink)

Beebe and Buckwalter made the surprising discovery that people are more inclined to attribute knowledge when norms are violated than when they are conformed to. The epistemic side-effect effect is the analogue of the Knobe effect. ESEE was replicated in a number of experiments. It was also studied under various conditions. We have carried out a meta-analysis of research on ESEE. The results suggest that ESEE is a robust finding but its magnitude is highly variable. Two study-level covariates influence its (...) size: the subject of the knowledge attribution and the type of norm that is violated or complied with. The effect size is not influenced, however, by the manipulation of chances, by whether the story is about a side effect or not, by language or by question phrasing. The impact of the Gettierization of the story is marginally significant. (shrink)

[ENG] The aim of this paper is to analyze the „possibility puzzle” presented by Shapiro (2011) in the context of the debate between conventionalism and non-conventionalism in speech act theory. Conventionalism claims that for every speech act there is a pattern (convention) which determines its illocutionary force. To perform a felicitous speech act is to fulfil necessary and sufficient conditions for this particular speech act. Non-conventionalism criticizes the view that for every speech act there is a conventional pattern and hidden (...) conditions, which are to be fulfilled. This view maintains the conventional thesis for the so-called strict conventional speech acts (e.g. performatives), but negates using universal quantifier for so-called communicative speech acts whose aim is, in short, to express an intention and force someone to act by virtue of this intention. As in (Shapiro 2011), Phil said: in order for someone to have the power to make, change and apply rules, there has to be a rule that empowers someone to do so. This objection concerned „The First Legis- lator” only from the conventional perspective on speech acts. If it can be maintained that The First Legislator’s speech acts may be non-conventional, then Phil’s argument misses the point. Finally, I will emphasize that only lawyers analyze „the very first speech acts” whereas for philosophers, the problem of e.g. „the very first question” is less absorbing. -/- [PL] Celem niniejszego artykułu jest przedstawienie tak zwanej Aporii Phila (possibility puz- zle) przedstawionej przez Shapiro (2011) w kontekście sporu konwencjonalizm–nonkon- wencjonalizm w teorii aktów mowy. Konwencjonalizm utrzymuje, że dla każdego aktu mowy istnieje konwencja, która determinuje moc illokucyjną aktu. Wykonać w pełni for- tunny akt mowy to spełnić wystarczające i konieczne warunki określone dla danego aktu mowy. Nonkonwencjonalizm krytykuje pogląd, że dla każdego aktu mowy istnieje okre- ślona konwencja oraz ukryte warunki, które należy spełnić. Ten pogląd utrzymuje kon- wencjonalną tezę dla tak zwanych stricte konwencjonalnych aktów mowy (na przykład performatywów), ale neguje użycie dużego kwantyfikatora dla tak zwanych komunika- cyjnych aktów mowy, których celem jest, w skrócie, wyrażenie pewnej intencji i zmusze- nie kogoś poprzez jej wyrażenie do określonego postępowania. Phil, bohater historii z książki Shapiro (2011), podkreślił, iż zawsze musi istnieć reguła upoważniająca do two- rzenia prawa. Ten zarzut dotyczący „Pierwszego Legislatora” jest zasadny tylko z per- spektywy konwencjonalizmu. Jeżeli można utrzymywać, że akt mowy Pierwszego Legislatora może być nonkonwencjonalny, wtedy argument Phila jest nietrafny. Na końcu scharakteryzowany jest następujący fenomen: tylko prawnicy analizują „pierwsze akty mowy”, natomiast dla filozofów problem „pierwszego pytania” nie jest tak absorbujący. (shrink)

In this paper we consider a claim that in the natural world there is no fact of the matter about the spatio-temporal separation of events. In order to make sense of such a notion and construct useful models of the world, it is proposed to use elements of a non-classical logic. Specifically, we focus here on causality, as a concept tightly related with the assumption of there being distinct, separate events, proposing a model according to which it can be considered (...) to be spatio-temporally graded. It is outlined how this can be described using the formalism of fuzzy sets theory, with the degree of causality varying between 1, that is no separation between causes and effects, and 0, that is perfect separation between causes and their effects as in classical ’billiard balls’ models of physical systems, namely such based on the notion of ideal mathematical point. Our model posits that subjective moments of time are like fuzzy sets, with their extension determined by local degrees of causality, resulting from information integration processes extended gradually in space and time. This, we argue, is how a notion of causality could be, to a certain degree, spared and reconciled with a variant of Bergsonian duration theory as formulated in the theory of continuous change. Relation of the proposed viewpoint to other theories, as well as possible solutions it suggests to various problems, in particular the measurement problem, are also discussed. (shrink)

This paper is an attempt to examine Mattias Kiesselbach’s account of the thesis that meaning is normative that was presented in his recently published article titled “The normativity of meaning: from constitutive norms to prescriptions.” Kiesselbach’s account has three crucial points: the applicability of norms, the transtemporal character of the constitutive norms and commitments incurred by or attributed to the speaker within the scorekeeping practice. I will discuss all these crucial points, and I will argue that his account raises many (...) questions and the anti-prescriptivist about meaning can have reasonable doubts about all of them. (shrink)

This article outlines the contributions of the Kraków School to the field of science and religion. The Kraków School is a group of philosophers, scientists, and theologians who belong to the milieu of the Copernicus Center for Interdisciplinary Studies. The members of the group are engaged in inquiries pertaining to the relationship between theology and various sciences, in particular cosmology, evolutionary theory, and neuroscience. The article includes a presentation of the historical background of the School, as well as its main (...) original contributions pertaining to the history of the interactions between science and religion, the rationality and mathematicity of the universe, theology of science, and the role of logic in theology. (shrink)

The history of the research on peptic ulcer disease is characterized by a premature abandonment of the bacterial hypothesis, which subsequently had its comeback, leading to the discovery of Helicobacter pylori – the major cause of the disease. In this paper we examine the received view on this case, according to which the primary reason for the abandonment of the bacterial hypothesis in the mid-twentieth century was a large-scale study by a prominent gastroenterologist Palmer, which suggested no bacteria could be (...) found in the human stomach. To this end, we employ the methodof digital textual analysis and study the literature on the etiology of PUD published in the decade prior to Palmer’s article. Our findings suggest that the bacterial hypothesis had already been abandoned before the publication of Palmer’s paper, which challenges the widely held view that his study played a crucial role in the development of this episode. In view of this result, we argue that the PUD case does not illustrate harmful effects of a high degree of information flow, as it has frequently been claimed in the literature on network epistemology. Moreover, we argue that alternative examples of harmful effects of a high degree of information flow may be hard to find in the history of science. (shrink)

Although there have been many efforts in the last decade to reconcile the humanities and the information sciences, they have not radically changed the research standards prevailing in most humanistic departments. Against all appearances, the abrupt opening to quantitative methods in the digital humanities still has the character of a minority avant-garde movement. The article looks at the scientometric tradition, largely forgotten by the humanities, which may prove to be another interface bringing the two academic cultures back together. An account (...) of scientometric networks highlights the advantages and disadvantages of this orientation. The broader implications regarding the use of visual networks in the humanities are framed by the category of prostheticity, which aims to encapsulate their ambivalent status as both substitutes and cognitive enhancers. (shrink)

One of the major objectives in a democratic state is ensuring health security of the citizens including combating epidemic diseases. The subject matter of this article is the presentation and analysis of legal regulations regarding preventive vaccination in Poland, in particular the aspect of imposing a legal obligation and restricting parents’ right to express consent for medical intervention. The reflections made herein are aimed at finding an answer to the question whether the adopted legal solutions are admissible in a democratic (...) state with regard to ensuring health security. The purpose of the analysis is also to assess whether the abovementioned legal regulations have been formulated in a clear way and do not raise interpretation doubts and, consequently, whether they are comprehensible to the parents obliged to comply with them. As it follows from analysis of the legal provisions, parents must not refuse to subject a child to obligatory preventive vaccination and their consent is not required by law, both as regards the medical qualifying examination to exclude contraindications to performing vaccination and the vaccination itself. It is a legal obligation, from which exemption is only possible on grounds of certain medical conditions that would render vaccination inadvisable. The legal provisions that concern obligatory preventive vaccination in Poland, including in particular those referring to its enforceability, have not been formulated in a way that is sufficiently comprehensible to parents who are under the obligation of complying with them, irrespective of the fact that the language of the provisions of law should be clear and raise no interpretative doubts. In a democratic state the protection of public health against epidemic hazards justifies the implementation of legal solutions that restrict an individual’s freedom of self-determination, thus limiting the right of patients or their statutory representatives to grant or refuse consent for a medical intervention in the form of preventive vaccination – the purpose of this legal solution being to prioritize the safeguarding of state health security. It is vitally important to engage in a social dialogue with the purpose of convincing the public of the need for vaccination, its significance and its implementation for the better good. (shrink)

Niniejszy artykuł jest recenzją książki The Network Turn. Changing Perspectives in the Humanities autorstwa Ruth Ahnert, Sebastiana E. Ahnerta, Catherine Nicole Coleman i Scotta B. Weingarta, wydanej w 2020 r. W tekście przedstawiam książkę jako udaną propozycję uhumanistycznienia nauk o sieci, oceniając poszczególne rozdziały i sytuując tę pracę w kontekście zastanej już literatury oraz zapotrzebowania.