In recent years, the advancements made in the field of neuroscience have been echoed in criminal law, reigniting the discussion on culpability from the viewpoint of if it actually exists, considering the echoes of determinism on the re-found non-existence of free will. This discussion has triggered, once again, the issue of the boundaries and inter-relations between law and science, namely on whether normative or legal concepts and categories should acknowledge scientific breakthroughs. Bringing forth the theme of the limits of the (...) law, this discussion is able to provide insight, with reference to a specific problem, as to whether there are plausible legal answers in the context of the ascription of liability if the subject of law ceases to be a responsible—and thus free—person. Taking into consideration evolution both of science and criminal law dogmatic, we aim to argue that in the particular case of culpability, the desired autonomy of law has its limitations, and that without such limitations the ascription of liability would not have a correct answer. For this argument we will firstly approach the meaning of culpability as a milestone of subjective responsibility in criminal law, so that we can then analyse some arguments made regarding the impact of neuroscience on the maintenance of a concept of culpability with the meaning given above, so that lastly we can proceed to the rebuttal of the overarching impact of science on the law and advocate the autonomy of culpability within the necessary limits imposed by the needs of a plausible legal answer. (shrink)

This introductory chapter integrates two different steps: a global consideration of the problems which the “signifier” limits is able to include and a detailed mapping of the reflective path which the following thirteen chapters effectively pursue.

The rising demographic of older adults worldwide has led to an increase in dementia cases. In order to ensure the proper allocation of care and resources to this clinical group, it is necessary to correctly distinguish between simulated versus bona-fide cognitive deficits typical of dementia. Performance Validity Tests are specifically designed to assess a lack of effort and the possible simulation of cognitive impairment. Previous research demonstrates that PVTs may be sensitive to dementia, thus inaccurately classifying real memory impairment as (...) simulation. Here, we analyzed the sensitivity of PVTs in discriminating between dementia and simulation using receiver operating characteristic curve analyses. Further, we examined the potential need for adjusting cut-off scores for three stand-alone and one embedded PVT for Portuguese older adults with dementia. The results showed that all measures, except for the Coin in Hand— Extended version, were sensitive to one or more sociodemographic and/or cognitive variables, and it was necessary to adjust cut-off points for all measures. Additionally, the Rey-15 Item Memory Test did not demonstrate sufficient discriminating capacity for dementia. These results present important implications for clinical practice and the daily life of patients, as the use of incorrect cut-off points could impede patients from getting the resources they need. (shrink)

By Portuguese myths we mean several kinds of narratives, all of which actualize fundamental aspects of the Portuguese national imagination. Some are foundation narratives (Sâo Mamede, Ourique); others are historical facts that were sung so often over the years by Portuguese and foreign poets that they came to signify basic schemes of the human imagination (Inês de Castro's pure love, whose realization was frustrated by a fight between two men, father and son); other so-called Portuguese myths, on the contrary, (...) are built around concepts that give metaphysical shape to supposed characteristics that define the national soul (saudosismo, the doctrine of nostalgia, which attempts to define the Portuguese national soul as the search for a mythical initial unity that would create a wholeness in which contraries would be abolished; the Fifth Empire as its realization on Earth); other Portuguese myths express the supposed divine predestination of the people and of the Portuguese Man, based upon divine intervention in the founding of the nation in Ourique (the Fifth Empire that would be the Age of Spirit announced by Joachim de Fiore); still others are based on historically negative facts (King Sebastian and the defeat at Alcazarquibir) but transformed through archetypal elements to show the capacity for renewal out of the defeat, a renewal that goes beyond real historical renewal to include spiritual renewal of the Portuguese Man and his fatherland, which should produce the Fifth Empire conceived either in earthly or spiritual terms. To these myths I will add a legend preceding the formation of the nation, King Roderick's Legend, because it attempts to justify the loss of Visigothic Spain to the Arabs. (shrink)

By Portuguese myths we mean several kinds of narratives, all of which actualize fundamental aspects of the Portuguese national imagination. Some are foundation narratives (Sâo Mamede, Ourique); others are historical facts that were sung so often over the years by Portuguese and foreign poets that they came to signify basic schemes of the human imagination (Inês de Castro's pure love, whose realization was frustrated by a fight between two men, father and son); other so-called Portuguese myths, on the contrary, (...) are built around concepts that give metaphysical shape to supposed characteristics that define the national soul (saudosismo, the doctrine of nostalgia, which attempts to define the Portuguese national soul as the search for a mythical initial unity that would create a wholeness in which contraries would be abolished; the Fifth Empire as its realization on Earth); other Portuguese myths express the supposed divine predestination of the people and of the Portuguese Man, based upon divine intervention in the founding of the nation in Ourique (the Fifth Empire that would be the Age of Spirit announced by Joachim de Fiore); still others are based on historically negative facts (King Sebastian and the defeat at Alcazarquibir) but transformed through archetypal elements to show the capacity for renewal out of the defeat, a renewal that goes beyond real historical renewal to include spiritual renewal of the Portuguese Man and his fatherland, which should produce the Fifth Empire conceived either in earthly or spiritual terms. To these myths I will add a legend preceding the formation of the nation, King Roderick's Legend, because it attempts to justify the loss of Visigothic Spain to the Arabs. (shrink)

David Albert explains why we can typically influence the future but not the past by appealing to an initial low-entropy state of the universe. And he argues that in the rare cases where we can influence the past, we cannot use this influence to knowingly gain future rewards: so it does not constitute control. I introduce an important new case in which Albert's account implies we can not only influence the past but control it: a case where our actions in (...) the present are reliably correlated with several events in the present and past. To deal with such cases, we need to appeal to epistemic conditions on deliberation: being agents requires our decisions being epistemically undetermined at the time we make them. In a world with the past-hypothesis, this implies that deliberation will typically come prior to decision. Once deliberation in this direction is established, correlations towards the past cannot then be exploited for control. To explain why we cannot effectively control the past, we need to appeal to deliberation, whether as part of a defence of Albert's account, or used independently to explain the asymmetry of control. (shrink)

Appellate Court Modifications Extraction consists of, given an Appellate Court decision, identifying the proposed modifications by the upper Court of the lower Court judge’s decision. In this work, we propose a system to extract Appellate Court Modifications for Portuguese. Information extraction for legal texts has been previously addressed using different techniques and for several languages. Our proposal differs from previous work in two ways: our corpus is composed of Brazilian Appellate Court decisions, in which we look for a set of (...) modifications provided by the Court; and to automatically extract the modifications, we use a traditional Machine Learning approach and a Deep Learning approach, both as alternative solutions and as a combined solution. We tackle the Appellate Court Modifications Extraction task, experimenting with a wide variety of methods. In order to train and evaluate the system, we have built the KauaneJunior corpus, using public data disclosed by the Appellate State Court of Rio de Janeiro jurisprudence database. Our best method, which is a Bidirectional Long Short-Term Memory network combined with Conditional Random Fields, obtained an \ score of 94.79%. (shrink)

The aim of this paper is twofold: (1) to assess whether the construct of neural representations plays an explanatory role under the variational free-energy principle and its corollary process theory, active inference; and (2) if so, to assess which philosophical stance - in relation to the ontological and epistemological status of representations - is most appropriate. We focus on non-realist (deflationary and fictionalist-instrumentalist) approaches. We consider a deflationary account of mental representation, according to which the explanatorily relevant contents of neural (...) representations are mathematical, rather than cognitive, and a fictionalist or instrumentalist account, according to which representations are scientifically useful fictions that serve explanatory (and other) aims. After reviewing the free-energy principle and active inference, we argue that the model of adaptive phenotypes under the free-energy principle can be used to furnish a formal semantics, enabling us to assign semantic content to specific phenotypic states (the internal states of a Markovian system that exists far from equilibrium). We propose a modified fictionalist account: an organism-centered fictionalism or instrumentalism. We argue that, under the free-energy principle, pursuing even a deflationary account of the content of neural representations licenses the appeal to the kind of semantic content involved in the aboutness or intentionality of cognitive systems; our position is thus coherent with, but rests on distinct assumptions from, the realist position. We argue that the free-energy principle thereby explains the aboutness or intentionality in living systems and hence their capacity to parse their sensory stream using an ontology or set of semantic factors. (shrink)

Based on the theoretical reconstruction of neglected post-WWI writings and political action of W. E. B. Du Bois, this volume offers a normative account of transnational cosmopolitanism. Pointing out the limitations of Kant's cosmopolitanism through a novel contextual account of Perpetual Peace, Transnational Cosmopolitanism shows how these limits remain in neo-Kantian scholarship. Inés Valdez's framework overcomes these limitations in a methodologically unique way, taking Du Bois's writings and his coalitional political action both as text that should inform our theorization and (...) normative insights. The cosmopolitanism proposed in this work is an original contribution that questions the contemporary currency of Kant's canonical approach and enlists overlooked resources to radicalize, democratize, and transnationalize cosmopolitanism. (shrink)

In this paper we propose a pragmatic approach to the evolution of language based on analysis of a particular element of human communication: discourse coherence. We show that coherence is essential for effective communication. Through analysis of a collection of neuropsychological and neurolinguistic studies, we maintain that the proper functioning of executive processes responsible for planning and executing actions plays a key role in the construction of coherent discourses. Studies that tested the discursive and conversational abilities of bonobos have showed (...) that apes are unable to construct a flow of discourse governed by coherence, and therefore, apes’ conversational interactions are quite different from those of humans. We then propose that the emergence of coherence in communication occurred after the split between great apes’ and humans’ lines of descendants and that this emergence might have been the result of a specific gradual development in the course of hominin evolution of the executive functions. (shrink)

ABSTRACTPrevious research has revealed a stable preference for words with inward consonantal-articulation patterns, over outward-words. Following the oral approach-avoidance account suggesting that the in–out effect is due to the resemblance between consonantal-articulations patterns and ingestion/expectoration, recent findings have shown that when judging inward-outward names for objects with particular oral functions, valence did not modulate the effect while the oral function did. To replicate and examine further the role of edibility and valence in shaping the in–out effect, we asked participants to (...) rate inward and outward names for edible and non-edible products while controlling for valence. Results revealed that the motor-to-affect link was only observed for edible products, regardless of valence. (shrink)

This paper explores Kant’s concept of dignity to claim that animals deserve moral consideration. The central notion in the paper is of that of “moral game,” a hypothetical scenario that illustrates our obligations to cooperate with rational agents and the natural world. This game displays how rational agents can collaborate with non-rational animals despite their inability to engage in reciprocal legislation. From reflection on what this game shows and by introducing a notion of “deep dignity,” I argue that rational beings (...) have a duty to respect the moral status of non-human creatures through indirect moral rights. (shrink)

This edited book deepens the engagement between 21st century philosophy of mind and the emerging technologies which are transforming our environment. Many new technologies appear to have important implications for the human mind, the nature of our cognition, our sense of identity and even perhaps what we think human beings are. They prompt questions such as: Would an uploaded mind be 'me'? Does our reliance on smart phones, or wearable gadgets enhance or diminish the human mind? and: How does our (...) deep reliance upon ambient artificial intelligence change the shape of the human mind? Readers will discover the best philosophical analysis of what current and near future 21st technology means for the metaphysics of mind. Important questions are addressed on matters relating to the extended mind and the distributed self. Expert authors explore the role that the ubiquitous smart phone might have in creating new forms of self-knowledge. They consider machine consciousness, brain enhancement and smart ambient technology, and what they can tell us about phenomenal consciousness. While ideas of artificial general intelligence, cognitive enhancements and the smart environment are widely commented on, serious analysis of their philosophical implications is only getting started. These contributions from top scholars are therefore very timely, and are of particular relevance to students and scholars of the philosophy of mind, philosophy of technology, computer science and psychology. (shrink)

Admiration and adoration have been considered as emotions with the power to change people, yet our knowledge of the specific nature and function of these emotions is quite limited. From an interdisciplinary perspective, we present a prototype approach to admiration and what has variously been labelled adoration, worship, or reverence. Both admiration and adoration contribute to the formation of personal and collective ideals, values, and identities, but their workings differ. We offer a detailed theoretical account of commonalities and differences in (...) the appraisal patterns and action tendencies associated with the two emotions. This analysis reveals that admiration motivates the internalisation and emulation of ideals embodied by an outstanding role model. Adoration motivates adherence to the teachings and expectations of a meaning maker and benefactor perceived as superhuman or sacred. Thus, the primary function of admiration is to promote individual learning and change, whereas adoration primarily serves to bind communities together. (shrink)

One of the criteria to a strong principle in natural sciences is simplicity. This paper claims that the Free Energy Principle (FEP), by virtue of unifying particles with mind, is the simplest. Motivated by Hilbert’s 24th problem of simplicity, the argument is made that the FEP takes a seemingly mathematical complex domain and reduces it to something simple. More specifically, it is attempted to show that every ‘thing’, from particles to mind, can be partitioned into systemic states by virtue of (...) self-organising symmetry break, i.e. self-entropy in terms of the balance between risk and ambiguity to achieve epistemic gain. By virtue of its explanatory reach, the FEP becomes the simplest principle under quantum, statistical and classical mechanics conditions. (shrink)

This aim of this paper is two-fold: it critically analyses and rejects accounts blending active inference as theory of mind and enactivism; and it advances an enactivist-dynamic understanding of social cognition that is compatible with active inference. While some social cognition theories seemingly take an enactive perspective on social cognition, they explain it as the attribution of mental states to other people, by assuming representational structures, in line with the classic Theory of Mind. Holding both enactivism and ToM, we argue, (...) entails contradiction and confusion due to two ToM assumptions widely known to be rejected by enactivism: that social cognition reduces to mental representation and social cognition is a hardwired contentful ‘toolkit’ or ‘starter pack’ that fuels the model-like theorising supposed in. The paper offers a positive alternative, one that avoids contradictions or confusion. After rejecting ToM-inspired theories of social cognition and clarifying the profile of social cognition under enactivism, that is without assumptions and, the last section advances an enactivist-dynamic model of cognition as dynamic, real-time, fluid, contextual social action, where we use the formalisms of dynamical systems theory to explain the origins of socio-cognitive novelty in developmental change and active inference as a tool to demonstrate social understanding as generalised synchronisation. (shrink)

The relationship between Kurt Lewin and Lev S. Vygotsky is important for many methodological questions raised by the two psychologists such as distinguishing a genetic and an accidental event type. The concept of „Gestalt“ is another important issue. The present article analyzes and contextualizes the significance of this concept in their discussions since they met in Berlin in 1925. It can be shown that a difference between Lewin’s and Vygotsky’s approach becomes salient in the ways they refer to Gestalt theory (...) as a holistic approach. While Lewin understands the here-and-now of situation in which an event occurs as depending on the present field forces as a whole, Vygotsky agrees largely with Lewin’s postulate to consider all field forces, but then moves on from the field as an originally spatial model to introduce a semantic model. According to Vygotsky this is necessary to theorize fluidity and flexibility in behavior and thus to understand the necessary psychologically preconditions for free will and independency. (shrink)

This essay brings together political theories of empire and racial capitalism to clarify the entanglements between socialist and imperial discourse at the turn of the twentieth century. I show that white labor activists and intellectuals in the United States and the British settler colonies borrowed from imperial scripts to mark non-white workers as a threat. This discourse was thus both imperial and popular, because it absorbed the white working class into settler projects and enlisted its support in defense of imperial (...) logics of labor control. While white workers’ demands of enfranchisement were part of a transnational imagination that was both imperial and narrowly emancipatory, this discourse reemerged as one of popular sovereignty and found channels and paths to institutionalization through national states. These institutional formations arose out of the encounter between capitalists interested in facilitating mobility of racialized laboring subjects around the globe, elite projects invested in sheltering settler spaces, and white workers concerned with protecting their own labor from competition by excluding exploitable non-white workers. White labor’s embrace of racial prejudice and the exclusion of workers of color created segregated labor spaces that fit neatly with both capitalist goals of labor control and the protection of the settler status of emerging polities. Bringing to the forefront the imperial genealogy of popular sovereignty and immigration control disrupts liberal political theory frameworks that condemn restrictions as well as those that find migration restrictions permissible. The analysis also illuminates contemporary immigration politics. (shrink)

This article explores the distinctions among European peoples’ character established in Kant’s anthropology and their connection with his politics. These aspects are neglected relative to the analysis of race between Europeans and non-Europeans, but Kant’s anthropological works portray the people of Mediterranean Europe as not capable of civilization because of the dominance of passion in their faculty of desire, which he ties to ‘Oriental’ influences in blood or government. Kant then superimposes this racialized anthropology over the historical geopolitics of Europe, (...) obscuring the indebtedness of Northern European trade dominance to Mediterranean historical tactics and financial wealth. By relegating the Mediterranean to the margins and dismissing contentious commercial exchange in the region as mere violence spearheaded by North African corsairs, Kant gives us an elitist cosmopolitanism unable to cope with hierarchy and inequality, diminishing its potential for egalitarian global projects today. (shrink)

Advancing a radically enactive account of cognition, we provide arguments in favour of the possibility that cultural factors permeate rather than penetrate cognition, such that cognition extensively and transactionally incorporates cultural factors rather than there being any question of cultural factors having to break into the restricted confines of cognition. The paper reviews the limitations of two classical cognitivist, modularist accounts of cognition and a revisionary, new order variant of cognitivism – a Predictive Processing account of Cognition, or PPC. It (...) argues that the cognitivist interpretation of PPC is conservatively and problematically attached to the idea of inner models and stored knowledge. In abandoning that way of understanding PPC, it offers a radically enactive alternative account of how cultural factors matter to cognition – one that abandons all vestiges of the idea that cultural factors might contentfully communicate with basic forms of cognition. In place of that idea, the possibility that culture permeates cognition is promoted. (shrink)

In European science and technology policy, various styles have been developed and institutionalised to govern the ethical challenges of science and technology innovations. In this paper, we give an account of the most dominant styles of the past 30 years, particularly in Europe, seeking to show their specific merits and problems. We focus on three styles of governance: a technocratic style, an applied ethics style, and a public participation style. We discuss their merits and deficits, and use this analysis to (...) assess the potential of the recently established governance approach of ‘Responsible Research and Innovation’. Based on this analysis, we reflect on the current shaping of RRI in terms of ‘doing governance’. (shrink)

When someone masters a skill, their performance looks to us like second nature: it looks as if their actions are smoothly performed without explicit, knowledge-driven, online monitoring of their performance. Contemporary computational models in motor control theory, however, are instructionist: that is, they cast skillful performance as a knowledge-driven process. Optimal motor control theory, as representative par excellence of such approaches, casts skillful performance as an instruction, instantiated in the brain, that needs to be executed—a motor command. This paper aims (...) to show the limitations of such instructionist approaches to skillful performance. We specifically address the question of whether the assumption of control-theoretic models is warranted. The first section of this paper examines the instructionist assumption, according to which skillful performance consists of the execution of theoretical instructions harnessed in motor representations. The second and third sections characterize the implementation of motor representations as motor commands, with a special focus on formulations from OMCT. The final sections of this paper examine predictive coding and active inference—behavioral modeling frameworks that descend, but are distinct, from OMCT—and argue that the instructionist, control-theoretic assumptions are ill-motivated in light of new developments in active inference. (shrink)

The adoption of Big Data analytics in insurance has proved controversial but there has been little analysis specifying how insurance practices are changing. Is insurance passively subject to the forces of disruptive innovation, moving away from the pooling of risk towards its personalisation or individualisation, and what might that mean in practice? This special theme situates disruptive innovations, particularly the experimental practices of behaviour-based personalisation, in the context of the practice and regulation of contemporary insurance. Our contributors argue that behaviour-based (...) personalisation in insurance has different and broader implications than have yet been appreciated. BDAs are changing how insurance governs risk; how it knows, classifies, manages, prices and sells it, in ways that are more opaque and more extensive than the black boxes of in-car telematics. (shrink)

Este trabajo demuestra la presencia e influencia del canon literario en la enseñanza del Francés como Lengua Extranjera (FLE), condicionando las obras literarias en los manuales españoles para tal fin. Para ello, hemos seguido un itinerario que parte del análisis teórico del canon literario y de la inclusión de lo cultural en FLE para, a continuación, mostrar cómo este ha sido determinante en la enseñanza civilizacional. Todo ello se sustenta a través del estudio concreto de la literatura en torno a (...) la cultura vitivinícola. La conclusión es que, a través de este ejemplo, constatamos cómo se funden canon literario y literatura para el aula de FLE. (shrink)