The evolution of criminal law in Western legal systems is often portrayed as a path leading from objective to subjective notions of criminal responsibility. By examining the historical development of the notions of subjective responsibility, this article suggests that the function of a wrongdoer’s subjective mental state, in both its substantive and procedural aspect, as an element in the process of attributing criminal responsibility, remains much the same today as it was in antiquity. This is indicated by what subjectivity, as (...) an essential condition of culpability, is said to imply: the distinction between intentional and unintentional acts. Although the notions of intent and malice aforethought are attested to in various sources on ancient Athenian law, there are several kinds of cases in which the role played by these aspects—traditionally referred to as mens rea —remain unsolved in contemporary jurisprudence and legal practice. Yet despite the difficulties of establishing facts in particularly complex criminal cases, setting the boundary between “intentional” and “unintentional” remains crucially important in determining criminal responsibility and thus in distinguishing the “licit” from the “illicit,” which is the very foundation of the rule of law. (shrink)

In this chapter we take stock of some of the complexities of the sprawling field of AI ethics. We consider questions like "what is the proper scope of AI ethics?" And "who counts as an AI ethicist?" At the same time, we flag several potential uses and abuses of AI ethics. These include challenges for the AI ethicist, including what qualifications they should have; the proper place and extent of futuring and speculation in the field; and the dilemmas concerning how (...) we use our public and academic resources. (shrink)

Wonderful Knowledge. Aquinas on the Immutability and Eternity of God’s Knowledge The general concept of knowledge is a kind of concept closely akin to transcententals: its use is not restricted to a certain kind of being, and it does not itself designate a kind of entity. Such concepts may be applied to God not as metaphors: when we grasp (through the analysis of cases of finite knowledge) some general traits of knowledge as such, we can show that God has knowledge, (...) and his knowledge, as opposed to ours, is infinitely perfect. We have no insight into this realization of knowledge as opposed to ours, but as far as we know what general traits of knowledge are, it is important to know that God has infinitely perfect knowledge. To grasp the general traits of knowledge, I focus on the topic of mutability and immutability of knowledge analyzed systematically by Aquinas, and thus on the topic of identity criteria specific for knowledge in general: the question of when knowledge that p and knowledge that q are (in a certain knower) one and the same knowledge; the criteria of identity of knowledge vary according to natures of knowers. I think that the problem of the criteria of identity of knowledge is rather neglected in omniscience-immutability discussions. I analyze Aquinas’ arguments for the thesis that human knowledge is mutable, and God’s knowledge is absolutely immutable (they concern the role of tense). The analysis sheds light on some general traits of knowledge: it is always something formulated by the knower which manifests some truth to him, and in general the way it is formulated corresponds to (i) the way it manifests some truth, (ii) its identity criteria, (iii) the way it is propositional, (iv) the way it is related to tense, and finally (v) the nature of the knower. Focusing on the criteria of the identity of knowledge shows that God’s knowledge is absolutely immutable, and that time and change in its objects are nevertheless undoubtedly real. Keywords: God’s knowledge, knowledge, criteria of identity of knowledge, immutability; tense; transcendentals; omniscience-immutability arguments. (shrink)

In this paper we study the status of the arithmetical completeness of dynamic logic. We prove that for finitistic proof systems for dynamic logic results beyond arithmetical completeness are very unlikely. The role of the set of natural numbers is carefully analyzed.

Wischik presents an extensive reply to our paper on conscientious objection, which explores the implications of distinguishing ‘medical acts’ from ‘socioclinical acts’. He provides an extensive leg...

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...) argumentation schemes. Two relate to ontologies for the representation of legal concepts and two take advantage of the increasing availability of legal corpora in this decade, to automate document summarisation and for the mining of arguments. (shrink)

This study aimed to evaluate if eye blinks can be used to discriminate players with different performance in a session of Nintendo Entertainment System (NES) Tetris. To that end, we developed a state-of-the-art method for blink extraction from EAR measures, which is robust enough to be used with data collected by a low-grade webcam such as the ones widely available on laptop computers. Our results show a significant decrease in blink rate per minute (blinks/m) during the first minute of playing (...) Tetris. After having defined 3 groups of proficiency based on in-game performance (Novices, Intermediates, and Experts) we found out that expert players display a significantly lower decrease in blinks/m compared to novices during the first minute of gameplay, which shows that Tetris players' proficiency can be detected by looking at eye blinks/m variations during the early phase of a game session. This difference in blinks/m is observed throughout the entire game session, which supports the general conclusion that proficient Tetris players have a lower decrease in blinks/m, even when playing more difficult levels. Finally, we offer some interpretations of this effect and the relationship that our results may have with the visual cognitive workload experienced during the gameplay. (shrink)

Informed consent, when given by proxy, has limitations: chiefly, it must be made in the interest of the patient. Here we critique the standard approach to parental consent, as present in Canada and the UK. Parents are often asked for consent, but are not given the authority to refuse medically beneficial treatment in many situations. This prompts the question of whether it is possible for someone to consent if they cannot refuse. We present two alternative and philosophically more consistent frameworks (...) for paediatric proxy consent. The first allows meaningful consent (parents may say ‘yes’ or ‘no’ to treatment), provided that parents are medically informed/competent and intend the health and well-being of their child. In the second solution, medical practitioners or the state consent for treatment, with parents only being consulted to help give insight to the child’s circumstances. While we contend that either of these two options is superior to the insincerity of the present paradigm, we suggest that the first solution is preferable. (shrink)

Especially in periods of crises, economists try to explain why some economies suffer negative consequences more strongly than others. In order to explain these differential effects, two economic categories known as economic vulnerability and economic resilience can be used. Hence, the aim of the paper is to undertake a critical reflection on the interrelated categories of economic vulnerability and resilience to shocks. The paper analyses these categories from a theoretical perspective and identifies the factors that shape each of them. It (...) then attempts to measure the economic vulnerability and resilience of selected European countries using two synthetic variables. Based on these, a classification of countries in terms of economic vulnerability and resilience was made. The results achieved provide a good starting point for a more detailed study of the paths of crises and their consequences in individual countries. (shrink)

Small things loom large as a distinct category in social and cultural analysis. However, the social construction and effects of this idiom of scale commonly remain vague and underexplored. Bringing the literature on quantification in conversation with the literature on scale-making, this article offers a theoretically-informed analysis of how smallness consolidates as a publicly salient social attribute, and how it feeds collective narratives. The empirical focus is on American Jewry – an ethnoreligious minority group whose leaders and experts have invested (...) in its quantification, including its representation as a small population. Drawing on a variety of texts and images, as well as on interviews and fieldwork, I show that American Jewish research bodies and public figures engage in a myriad of comparative arithmetic exercises and spectacles of scale to assert the smallness of the population. Deploying smallness as a generative narrative tool allows them to engage with the ambivalences implicated in the American-Jewish post-Holocaust, minority, and diasporic experience. In particular, exercises around notions of numerical negligibility, disproportional success, and numerical inferiority elicit protean narratives around endangerment, power, and a questioned diasporic future. The broader theoretical intervention of this article is to offer scalemaking as a valuable prism for understanding the narrative potency and poignancy of arithmetically-based constructs such as smallness. Instead of emphasizing the assumed epistemological strengths of numbers, this article considers the narrative work that statistics do when they lend themselves to multimodal scaling. It argues that through scaling, statistics are infused with perspective, relevance and meaning, descriptively and prescriptively. (shrink)

Within the Givenness Hierarchy framework of Gundel, Hedberg, and Zacharski (1993), lexical items included in referring forms are assumed to conventionally encode two kinds of information: conceptual information about the speaker’s intended referent and procedural information about the assumed cognitive status of that referent in the mind of the addressee, the latter encoded by various determiners and pronouns. This article focuses on effects of underspecification of cognitive status, establishing that, although salience and accessibility play an important role in reference (...) processing, the Givenness Hierarchy itself is not a hierarchy of degrees of salience/accessibility, contrary to what has often been assumed. We thus show that the framework is able to account for a number of experimental results in the literature without making additional assumptions about form-specific constraints associated with different referring forms. (shrink)

This article utilises feminist technoscience studies’ notions of bodily ‘materialisation’ and ‘ontological choreographies’, offering a cyborg feminist account of ‘bioavailability’ as embodied becomings, rather than a fixed ontological state of being. Drawn from 2 years’ ethnographic study in in vitro fertilisation clinics in Spain with migrant women who provided eggs to the cross-border in vitro fertilisation industry, this work explores how global understandings of race and inequalities, clinical practices and women’s own emotional and physical labours collectively produce bioavailability. Through examples (...) from observations and interviews in in vitro fertilisation clinics, we examined women’s embodied stories to understand the ways in which bioavailability becomes. The article demonstrates a novel way in which to think about ‘bioavailability’, a concept which has already been of enormous use to the social sciences since its introduction by Lawrence Cohen. We examine recent configurations of bodily extraction in the reproduction–migration nexus that help us rethink the concept of bioavailability. (shrink)

A direct consequence of the pandemic was the widespread occur-rence, and in many OECD countries – a growing public finance imbalance. The paper presents the results of research on the dynamics and structure of public debt, its relation to GDP and to the net borrowing of the general government sector. The main purpose of the article is to show the impact of the pandemic on the size and structure of public debt in the largest EU economies, as well as in (...) other selected OECD countries. An attempt was also made to identify factors that had a significant impact on the amount of public debt during the pandemic. The new debt was used primarily to finance net borrowing and, ultimately, to support the economy and selected social groups. However, as the article points out, the new debt to a significant extent financed the increase in liquidity in the public sector, and in some cases – a larger volume of loans granted by public sector entities and their equity investments. (shrink)

The article offers an analysis of Józef Bocheński's studies of the concept of nation. Bocheński acknowledges that there are difficulties in defining a nation. After that he claims that he will attempt to propose a definition of the Polish nation. Nation is a social group centered around some cultural ideal. The analysis shows that Bocheński did not avoid serious logical problems. First of all, he constantly falls into a circular reasoning. Furthermore, it is called into question if it makes sense (...) to refer to a cultural ideal or ideology while defining a nation. Is not such an attempt essentially bound to become circular? A doubt is also raised whether nowadays, in the face of constant migration of people and cultural ideals, one can continue to reasonably talk about nations. (shrink)

Prestige of academic teacher’s activities and his or her authority, should most of all result from moral attitude. Thus there is need in this kind of activity to use ethic virtues. Thanks to them human improves internally, but also can realize the concrete property outside. Virtues are necessary for person both for him or her as an average human being and also as a scholar and an educator. By setting own example one can have the most influence on students’ moral (...) attitudes. Consequently an occasion arises to improve cardinal classic virtues, which include: prudence, deliberation, justice and courage, but also in the virtues that are related to them. These activities drive to form yourself in giving good example and have a huge impact on academic environment’s advancement. (shrink)

This paper has three main goals. Firstly – to draw attention to the phenomenon of the democratic paradigm in the study of modern state systems (especially monarchical ones), characterise it and outline its sources. Also - to question the basis of this phenomenon (by pointing out, among other things, the durability of monarchical systems and the phenomenon of partial ‘re-monarchization’ – real or apparent – of certain contemporary republican systems on the examples of: Montenegro, Romania, the Czech Republic, Hungary and (...) Poland). Secondly, to present the negative consequences of the functioning of the democratic paradigm, also (paradoxically) those affecting the political practice of republics. Thirdly, to propose a way to reduce these negative consequences by changing the optics adopted in comparative studies about monarchies and republics. This change is based on the restoration, in comparative analyses of contemporary state systems (including monarchical ones), of the concepts of ‘mixed system’ and ‘monarchical principle’, which are still used in research on the history of the state and law, and should be disseminated in research on contemporary political systems and constitutional law. An explanation of the terms ‘mixed system’ and ‘monarchical principle’ as I use them here will follow in the final part of the paper. (shrink)

Individual eschatological images are rarely a research subject that applies in-depth interviews and qualitative methods of analysis. Due to the use of simple questionnaire measures, knowledge about possible variations in personal images of heaven or hell is very poor. Furthermore, data concerning any connection between personality and eschatological images is scarce. The research project presented in the article was an attempt to apply a narrative method and to combine qualitative and simple quantitative methods to describe the wide variety of individual (...) views of heaven, hell, and purgatory. The relationship between individual eschatological images, denominational culture, and the chosen dimension of personality—i.e., hope understood in Erik Erikson's terms as a relatively stable conviction that the world is meaningful, ordered and friendly towards people—was also explored. The research was conducted among religiously engaged Christians from two denominational groups: Catholics and Lutherans. (shrink)

The purpose of this paper is to provide an analytical framework – derived from the Herbert L.A. Hart’s philosophy of law – for the study of the phenomenon of habit and custom from the perspective of normativity. Its starting point is the Hart’s concept of “internal aspect of rules” as a necessary criterion for the rule’s normative character. The internal aspect exists in two forms: the “recognition” based on specific rules, and “acceptance”. The concept of acceptance reveals a difference between (...) habit and custom, by capturing the normative character of the latter. The formation of the customs – by way of unprecedented punishment of a rule’s violation – reveals the ambiguity of the term “sanction” as referring to not only the external aspect, but also to internal aspect of rules. (shrink)

The paper contains a comment on the criticism of the author's book Początek jest wszędzie (Prószynski i S-ka, 2002) by Marek Lagosz ("Przegląd Filozoficzny - Nowa Seria, 14, 2005, 121-133). The comment focuses on the following issues: (1) the conception of philosophy of physics; (2) some methodological questions, especially the role of models in physics; (3) some explanations concerning the model proposed by the present author and his coworkers. A few "ideological remarks" are also made.

Zaproponowano, by Quine’a kryterium istnienia (teoria zakłada istnienie zmiennych związanych) rozszerzyć na matematyczne struktury. W duchu tego kryterium każdą matematyczną strukturę można uważać za oddzielny świat, w którym istnieją tylko te byty, bez zakładania których struktura straciłaby sens. Niektóre matematyczne światy są używane przez fizyków do modelowania rzeczywistego świata. W takiej sytuacji ontologia danej struktury matematycznej przenosi się na fizyczny świat. Mówiąc bardziej prozaicznie, niektóre matematyczne struktury interpretuje się jako struktury fizycznego świata. Cud rozumienia świata sprowadza się do cudu tej (...) interpretacji. (shrink)

According to the orthodox view, the goodness of a life depends exclusively on the things that actually happened within it, such as its pleasures and pains, the satisfaction of its subject’s preferences, or the presence of various objective goods and bads. In this paper, I argue that the goodness of a life also depends on what could have happened, but didn’t. I then propose that this view helps us resolve ethical puzzles concerning the standards for a life worth living for (...) animals and the significance of a life’s shape. (shrink)

Ukrainian lands in the twentieth and twenty-first centuries have been in proximity of great geopolitical changes several times. During that time the Ukrainian nation – due to various factors – encountered a number of “windows of opportunity” for achieving the realization of dreams about independence and national sovereignty. The author identified in the period considered four “general moments,” of which two have been completed successfully. The first of these occurred in 1990–1991, when for the first time in modern history, Ukrainians (...) managed to achieve a lasting and relatively stable independence. The second of the “moments” – still unresolved – are events that began in the late autumn of 2013. The process, called “Revolution of Dignity”, represents a new quality in the history of the Ukrainian nation, therefore, that the Ukrainians have to defend the status quo but not to seek to achieve an independent being. The analysis leads to the conclusion that the ability of Ukrainians to achieve and maintain independence is largely a function of the relative power of the Russian state as measured with respect to the shape and quality of international relations. (shrink)

This paper describes the process of reception of Catholic Modernism in Poland as well as the Polish contribution to this movement. It shows the Polish antimodernist perspective on modernistic thought. The neglect of Polish modernism was caused by the nationalistic character of the Polish theology and has resulted in absence of historical studies of Polish Catholic Modernism. Based on the results of archival and literature research the paper presents a variety of Polish Catholic Modernists and non-Catholic supporters of the modernist (...) thought. A unique place among Polish modernists belongs to Marian Zdziechowski (1861–1938) who was the only Polish participant of the international intellectual debate on the “modernisation” of Roman Catholicism. The paper analyses the development of Zdziechowski’s thought and shows that his main demand throughout the modernist debates was to create a new, more efficient apologetics, which would be grounded in the religious experience of the individual. (shrink)