How does a lawyer think? Does legal intuition exist? Do lawyers need imagination? Why is legal language so abstract? It is no longer possible to answer these questions by applying philosophical analysis alone. Recent advances in the cognitive sciences have reshaped our conceptions of the human mental faculties and the tools we use to solve problems. A new picture of the functioning of the legal mind is emerging. In The Legal Mind, Bartosz Brożek uses philosophical arguments and insight from (...) the cognitive sciences to depict legal thinking as a close cooperation between three cognitive mechanisms - intuition, imagination, and language - and addresses the question of how to efficiently use these mental tools. This novel and provocative approach provides a fresh perspective on legal thinking and gives rise to important questions pertaining to the limits of legal interpretation and rationality in the law. (shrink)

Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary (...) scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence. (shrink)

The Parallax View is Slavoj Zizek's most substantial theoretical work to appear in many years; Zizek himself describes it as his magnum opus. Parallax can be defined as the apparent displacement of an object, caused by a change in observational position. Zizek is interested in the "parallax gap" separating two points between which no synthesis or mediation is possible, linked by an "impossible short circuit" of levels that can never meet. From this consideration of parallax, Zizek begins a rehabilitation of (...) dialectical materialism.Modes of parallax can be seen in different domains of today's theory, from the wave-particle duality in quantum physics to the parallax of the unconscious in Freudian psychoanalysis between interpretations of the formation of the unconscious and theories of drives. In The Parallax View, Zizek, with his usual astonishing erudition, focuses on three main modes of parallax: the ontological difference, the ultimate parallax that conditions our very access to reality; the scientific parallax, the irreducible gap between the phenomenal experience of reality and its scientific explanation, which reaches its apogee in today's brain sciences ; and the political parallax, the social antagonism that allows for no common ground. Between his discussions of these three modes, Zizek offers interludes that deal with more specific topics--including an ethical act in a novel by Henry James and anti-anti-Semitism.The Parallax View not only expands Zizek's Lacanian-Hegelian approach to new domains but also provides the systematic exposition of the conceptual framework that underlies his entire work. Philosophical and theological analysis, detailed readings of literature, cinema, and music coexist with lively anecdotes and obscene jokes. (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)

The Parallax View is Slavoj Zizek's most substantial theoretical work to appear in many years; Zizek himself describes it as his magnum opus. Parallax can be defined as the apparent displacement of an object, caused by a change in observational position. Zizek is interested in the "parallax gap" separating two points between which no synthesis or mediation is possible, linked by an "impossible short circuit" of levels that can never meet. From this consideration of parallax, Zizek begins a rehabilitation of (...) dialectical materialism.Modes of parallax can be seen in different domains of today's theory, from the wave-particle duality in quantum physics to the parallax of the unconscious in Freudian psychoanalysis between interpretations of the formation of the unconscious and theories of drives. In The Parallax View, Zizek, with his usual astonishing erudition, focuses on three main modes of parallax: the ontological difference, the ultimate parallax that conditions our very access to reality; the scientific parallax, the irreducible gap between the phenomenal experience of reality and its scientific explanation, which reaches its apogee in today's brain sciences ; and the political parallax, the social antagonism that allows for no common ground. Between his discussions of these three modes, Zizek offers interludes that deal with more specific topics--including an ethical act in a novel by Henry James and anti-anti-Semitism.The Parallax View not only expands Zizek's Lacanian-Hegelian approach to new domains but also provides the systematic exposition of the conceptual framework that underlies his entire work. Philosophical and theological analysis, detailed readings of literature, cinema, and music coexist with lively anecdotes and obscene jokes. (shrink)

Slavoj Zizek has been called "an academic rock star" and "the wild man of theory"; his writing mixes astonishing erudition and references to pop culture in order to dissect current intellectual pieties. In The Puppet and the Dwarf he offers a close reading of today's religious constellation from the viewpoint of Lacanian psychoanalysis. He critically confronts both predominant versions of today's spirituality--New Age gnosticism and deconstructionist-Levinasian Judaism--and then tries to redeem the "materialist" kernel of Christianity. His reading of Christianity is (...) explicitly political, discerning in the Pauline community of believers the first version of a revolutionary collective. Since today even advocates of Enlightenment like Jurgen Habermas acknowledge that a religious vision is needed to ground our ethical and political stance in a "postsecular" age, this book--with a stance that is clearly materialist and at the same time indebted to the core of the Christian legacy--is certain to stir controversy. (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)

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)

In proof-theoretic semantics the meaning of an atomic sentence is usually determined by a set of derivations in an atomic system which contain that sentence as a conclusion (see, in particular, Prawitz, 1971, 1973). The paper critically discusses this standard approach and suggests an alternative account which proceeds in terms of subatomic introduction and elimination rules for atomic sentences. A simple subatomic normal form theorem by which this account of the semantics of atomic sentences and the terms from which they (...) are composed is underpinned, shows moreover that the proof-theoretic analysis of first-order logic can be pursued also beneath the atomic level. (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)

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)

This article presents a comprehensive study of the offence of trauma ek pronoias (intentional wounding) in Athenian law. Part I catalogues every occurrence of the words traËma and titr¿skv in the Attic orators and concludes that the requisite physical element of trauma ek pronoias was the use of a weapon. Part II analyses all attested trauma lawsuits and concludes that the requisite mental element of the offence was a bare intent to wound. Part III addresses the procedural evidence for trauma (...) ek pronoias and concludes that the action for trauma was a graphê, not a dikê. Two appendices discuss the use of the terms trauma and pronoia in Plato¿s Laws and Aristotle¿s Rhetoric and a reference to trauma ek pronoias in Lucian¿s Timon. (shrink)

The paper presents an alternative substitutional semantics for first-order modal logic which, in contrast to traditional substitutional (or truth-value) semantics, allows for a fine-grained explanation of the semantical behavior of the terms from which atomic formulae are composed. In contrast to denotational semantics, which is inherently reference-guided, this semantics supports a non-referential conception of modal truth and does not give rise to the problems which pertain to the philosophical interpretation of objectual domains (concerning, e.g., possibilia or trans-world identity). The paper (...) also proposes the notion of modality de nomine as an alternative to the denotational notion of modality de re. (shrink)

Catherine Malabou, Antonio Negri, John D. Caputo, Bruno Bosteels, Mark C. Taylor, and Slavoj Zizek join seven others--including William Desmond, Katrin Pahl, Adrian Johnston, Edith Wyschogrod, and Thomas A. Lewis--to apply Hegel's thought to twenty-first-century philosophy, politics, and religion. Doing away with claims that the evolution of thought and history is at an end, these thinkers safeguard Hegel's innovations against irrelevance and, importantly, reset the distinction of secular and sacred. These original contributions focus on Hegelian analysis and the transformative value (...) of the philosopher's thought in relation to our current "turn to religion." Malabou develops Hegel's motif of confession in relation to forgiveness; Negri writes of Hegel's philosophy of right; Caputo reaffirms the radical theology made possible by Hegel; and Bosteels critiques fashionable readings of the philosopher and argues against the reducibility of his dialectic. Taylor reclaims Hegel's absolute as a process of infinite restlessness, and Zizek revisits the religious implications of Hegel's concept of letting go. Mirroring the philosopher's own trajectory, these essays progress dialectically through politics, theology, art, literature, philosophy, and science, traversing cutting-edge theoretical discourse and illuminating the ways in which Hegel inhabits them. (shrink)

The Logic of Legal Requirements. Essays on Defeasibility, edited by Jordi Ferrer Beltrán and Giovanni Battista Ratti, and published by Oxford University Press in 2012, is a very much welcome contribution to one of the most discussed topics in the contemporary legal theory and philosophy. Defeasibility is connected to many essential issues such as the nature of legal reasoning, the structure of legal norms and legal system, the concept of legal validity, as well as the mechanisms and limits of..

A first-order language with a defined identity predicate is proposed whose apparatus for atomic predication is sensitive to grammatical categories of natural language. Subatomic natural deduction systems are defined for this naturalistic first-order language. These systems contain subatomic systems which govern the inferential relations which obtain between naturalistic atomic sentences and between their possibly composite components. As a main result it is shown that normal derivations in the defined systems enjoy the subexpression property which subsumes the subformula property with respect (...) to atomic and identity formulae as a special case. The systems admit a proof-theoretic semantics which does not only apply to logically compound but also to atomic and identity formulae—as well as to their components. The potential of the defined systems for a meticulous first-order analysis of natural inferences whose validity crucially depends on expressions of some of the aforementioned categories is demonstrated. (shrink)

The analysis of atomic sentences and their subatomic components poses a special problem for proof-theoretic approaches to natural language semantics, as it is far from clear how their semantics could be explained by means of proofs rather than denotations. The paper develops a proof-theoretic semantics for a fragment of English within a type-theoretical formalism that combines subatomic systems for natural deduction [20] with constructive (or Martin-Löf) type theory [8, 9] by stating rules for the formation, introduction, elimination and equality of (...) atomic propositions understood as types (or sets) of subatomic proof-objects. The formalism is extended with dependent types to admit an interpretation of non-atomic sentences. The paper concludes with applications to natural language including internally nested proper names, anaphoric pronouns, simple identity sentences, and intensional transitive verbs. (shrink)

The paper develops a proof-theoretic semantics for belief reports by extending the constructive type-theoretical formalism presented in Więckowski with a specific kind of set-forming operator suited for the representation of belief attitudes. The extended formalism allows us to interpret constructions which involve, e.g., iteration of belief, quantifying into belief contexts, and anaphora in belief reports. Moreover, constructive solutions to canonical instances of the problem of hyperintensionality are suggested. The paper includes a discussion of Ranta’s constructive account of belief reports.

In the following paper we propose a model-theoretical way of comparing the “strength” of various truth theories which are conservative over PA\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$ PA $$\end{document}. Let Th\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathfrak {Th}}$$\end{document} denote the class of models of PA\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$ PA $$\end{document} which admit an expansion to a model of theory Th\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} (...) \begin{document}$${ Th}$$\end{document}. We show that PA⊃TB⊃RS⊃UTB⊇CT-,\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\begin{aligned} {{\mathfrak {PA}}}\supset {\mathfrak {TB}}\supset {{\mathfrak {RS}}}\supset {\mathfrak {UTB}}\supseteq \mathfrak {CT^-}, \end{aligned}$$\end{document}where PA\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathfrak {PA}}$$\end{document} denotes simply the class of all models of PA\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$ PA $$\end{document} and RS\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathfrak {RS}}$$\end{document} denotes the class of recursively saturated models of PA\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$ PA $$\end{document}. Our main original result is that every model of PA\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$ PA $$\end{document} which admits an expansion to a model of CT-\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$ CT ^-$$\end{document}, admits also an expansion to a model of UTB\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$ UTB $$\end{document}. Moreover, as a corollary to one of the results we conclude that UTB\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$ UTB $$\end{document} is not relatively interpretable in TB\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$ TB $$\end{document}, thus answering the question from Fujimoto. (shrink)

We show that a typed compositional theory of positive truth with internal induction for total formulae (denoted by PT tot ) is not semantically conservative over Peano arithmetic. In addition, we observe that the class of models of PA expandable to models of PT tot contains every recursively saturated model of arithmetic. Our results point to a gap in the philosophical project of describing the use of the truth predicate in model-theoretic contexts.

This paper is a follow-up to [4], in which a mistake in [6] was corrected. We give a strenghtening of the main result on the semantical nonconservativity of the theory of PT−with internal induction for total formulae${$, denoted by PT−in [9]). We show that if to PT−the axiom of internal induction forallarithmetical formulae is added, then this theory is semantically stronger than${\rm{P}}{{\rm{T}}^ - } + {\rm{INT}}\left$. In particular the latter is not relatively truth definable in the former. Last but not (...) least, we provide an axiomatic theory of truth which meets the requirements put forward by Fischer and Horsten in [9]. The truth theory we define is based on Weak Kleene Logic instead of the Strong one. (shrink)

The aim of this article is twofold. First, it is a theoretical and empirically based contribution to the branch of research that studies enabling conditions of human sense-making. It demonstrates the value of a coherent ecological framework, based on dialogism and interactivity for the study of sense-making, problem-solving and task performance in naturalistic contexts. Second, it presents a promising method for the analysis of cognitive activities, Cognitive Event Analysis, with which we investigate real-life medical interactions, especially the emergence of insights (...) in procedural task performance in emergency medicine. We show how sense-making and insights are accomplished by medical teams when they integrate cultural expertise, professional skills, inter-bodily dynamics, material constraints and affordances within the environment, i.e. when local co-action is embedded in socio-cultural patterns of behaviour. (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 of PUD 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 of PUD 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. The paper makes two main contributions to the literature in integrated history and philosophy of science. First, we suggest that the received narrative on this historical episode, commonly used by philosophers, needs to be revised. Second, we introduce the notion of a `declining research program' and argue for its importance as a unit of socio-epistemic analysis, especially in combination with normative assessments, such as pursuitworthiness of scientific theories. (shrink)