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 present collection represents an attempt to bring together several contributions to the ongoing debate pertaining to supervenience of the normative in law and morals and strives to be the first work that addresses the topic comprehensively. It addresses the controversies surrounding the idea of normative supervenience and the philosophical conceptions they generated, deserve a recapitulation, as well as a new impulse for further development. Recently, there has been renewed interest in the concepts of normativity and supervenience. The research on (...) normativity – a term introduced to the philosophical jargon by Edmund Husserl almost one hundred years ago – gained impetus in the 1990s through the works of such philosophers as Robert Audi, Christine Korsgaard, Robert Brandom, Paul Boghossian or Joseph Raz. The problem of the nature and sources of normativity has been investigated not only in morals and in relation to language, but also in other domains, e.g. in law or in the c ontext of the theories of rationality. Supervenience, understood as a special kind of relation between properties and weaker than entailment, has become analytic philosophers’ favorite formal tool since 1980s. It features in the theories pertaining to mental properties, but also in aesthetics or the law. In recent years, the ‘marriage’ of normativity and supervenience has become an object of many philosophical theories as well as heated debates. It seems that the conceptual apparatus of the supervenience theory makes it possible to state precisely some claims pertaining to normativity, as well as illuminate the problems surrounding it. (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)
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 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)
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)
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 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)
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)
"A serious and good philosophical work could be written consisting entirely of jokes." -- Ludwig Wittgenstein The good news is that this book offers an entertaining but enlightening compilation of iekisms. Unlike any other book by Slavoj iek, this compact arrangement of jokes culled from his writings provides an index to certain philosophical, political, and sexual themes that preoccupy him. iek's Jokes contains the set-ups and punch lines -- as well as the offenses and insults -- that iek is famous (...) for, all in less than 200 pages. So what's the bad news? There is no bad news. There's just the inimitable Slavoj iek, disguised as an impossibly erudite, politically incorrect uncle, beginning a sentence, "There is an old Jewish joke, loved by Derrida..." For iek, jokes are amusing stories that offer a shortcut to philosophical insight. He illustrates the logic of the Hegelian triad, for example, with three variations of the "Not tonight, dear, I have a headache" classic: first the wife claims a migraine; then the husband does; then the wife exclaims, "Darling, I have a terrible migraine, so let's have some sex to refresh me!" A punch line about a beer bottle provides a Lacanian lesson about one signifier. And a "truly obscene" version of the famous "aristocrats" joke has the family offering a short course in Hegelian thought rather than a display of unspeakables. _iek's Jokes_ contains every joke cited, paraphrased, or narrated in iek's work in English, including different versions of the same joke that make different points in different contexts. The larger point being that comedy is central to iek's seriousness. (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)
We prove that the theory of the extensional compositional truth predicate for the language of arithmetic with \Delta 0 -induction scheme for the truth predicate and the full arithmetical induction scheme is not conservative over Peano Arithmetic. In addition, we show that a slightly modified theory of truth actually proves the global reflection principle over the base theory.
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)
A militant Marxist atheist and a "Radical Orthodox" Christian theologiansquare off on everything from the meaning of theology and Christ to the war machine of corporatemafia.
The colour adjectives and have been discussed by R. Strömberg, who has removed misconceptions about their meaning. So has been shown to mean, not ‘quite white’, but a faded white, or one which has lost its essential whiteness: so often where the ‘natural colour has yielded to a dull dirty whitish colour’.
[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)
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)
In everyday life and in science we acquire evidence of evidence and based on this new evidence we often change our epistemic states. An assumption underlying such practice is that the following EEE Slogan is correct: 'evidence of evidence is evidence' (Feldman 2007, p. 208). We suggest that evidence of evidence is best understood as higher-order evidence about the epistemic state of agents. In order to model evidence of evidence we introduce a new powerful framework for modelling epistemic states, Dyadic (...) Bayesianism. Based on this framework, we then discuss characterizations of evidence of evidence and argue for one of them. Finally, we show that whether the EEE Slogan holds, depends on the specific kind of evidence of evidence. (shrink)
