Many irreconcilable accounts of ratio legis in legal science, often concerned with legal interpretation, suffer from being disconnected from practical reasoning. Different theories of legal interpretation which result in one-sided views of ratio legis are by-products of one-sided semantics. The first part of the chapter diagnoses this problem by providing a model of three types of one-sided semantics—upstream, midstream and downstream—and explaining how they translate into respective accounts of legal interpretation and ratio legis. The second part of (...) the chapter presents an alternative to one-sided semantics in legal theory. The alternative account which combines semantics and practical reasoning in legal theory is based on Brandom’s inferential pragmatism. The usefulness of inferential pragmatism in legal theory with regard to the problem of ratio legis is tested and followed by extending an inferentialist account of ratio legis provided by Canale and Tuzet. A model of agent’s actions and reasons, and their impact on the reasoning of interpreters and decision-makers is the essential part of this extension. (shrink)

1735 veröffentlichte Johann Georg Zur Linden in Jena die "Ratio meditationis hermeneuticae imprimis sacrae methodo systematica proposita". Sein Werk ist das Resultat eines unerwarteten Bündnisses zwischen der wolffschen Aufklärung und dem Pietismus nach dem harten Zusammenstoß dieser beiden Richtungen, der seinen Höhepunkt in der Verbannung Wolffs aus Halle fand. In den folgenden Jahren trat eine neue kulturelle Figur in Erscheinung, der Aufklärer-Pietist oder umgekehrt, der die Hoch- und Spätaufklärung beherrschte und zu dessen ersten Repräsentanten Zur Linden zählt. Obgleich die (...) Ratio von den Vorschriften der logischen Hermeneutik ausgeht, beruht sie auf einer Aufwertung der Themen der antiken Rhetorik und konzipiert die Hermeneutik als eine auf die Mittel-Zweck-Rationalität gestützte Technik, der die Aufgabe zukommt, die besten Mittel für das Verstehen von Texten und Reden festzulegen. Die heilige Hermeneutik von Zur Linden zeichnet sich durch wenigstens vier innovative Aspekte aus: 1. Den Vorschlag einer allgemeinen Hermeneutik probabilistischer Art. 2. Eine eingehende Untersuchung der verschiedenen Sinnbegriffe und ihrer Wechselbeziehungen. 3. Die Kritik am Besserverstehen als Auslegungsziel. Die kritischen Punkte des Textes dürfen nicht zugunsten seiner Nichtwidersprüchlichkeit ausgemerzt werden, weil jede Verbesserung leicht in eine Manipulation des Sinns ausarten kann. 4. Die mögliche Nichtübereinstimmung zwischen dem, was der Autor sagen will, und dem, was er tatsächlich sagt. Für Zur Linden hat der Textsinn unzweifelhaft Vorrang und bildet den einzigen möglichen Zugang zum Autorsinn. Seine autorbezogene Texthermeneutik stellt sich noch heute als originelle, beachtenswerte Leistung dar. In 1735 Johann Georg Zur Linden published his "Ratio meditationis hermeneuticae imprimis sacrae methodo systematica proposita" in Jena. His work was the result of an unexpected alliance between the Wolffian Enlightenment and Pietism, after the fierce clash between these two trends which had culminated in Wolff’s banishment from Halle. In the years that followed a new cultural figure appeared, the Enlightener-Pietist, or vice versa, who was to dominate the high and late Enlightenment and of whom Zur Linden was one of the first examples. Although the Ratio takes as its starting-point the rules of logical hermeneutics, it is based in an evaluation of the themes of classical rhetoric, and conceives hermeneutics as a technique, grounded in means-end rationality, the task of which is to determine the best method for understanding texts and speech. Zur Linden’s sacred hermeneutic theory is distinguished by at least four innovative aspects: 1. The proposal of a general hermeneutics of a probabilistic type. 2. An intensive examination of the different concepts of sense and their interrelationships. 3. The critique of better understanding as the goal of exegesis. The critical points of the text should not be obliterated in favour of its consistency. 4. The possible lack of agreement between what the author intends to say and what he actually says. For Zur Linden the sense of the text takes undoubted precedence and constitutes the only possible access to the author’s sense. His author-related textual hermeneutics can still be seen today as an original and noteworthy achievement. (shrink)

The issue addresses the relationship between cosmology and ratio, or the dialectical and structural connection which links the same definition of “world” as a uniform, homogeneous, coherent and possible system with the very logical and narrative (and then uniform, homogeneous, coherent and possible) character of our rational description of it. Otherwise, every ratio mundi – understood both in a metaphysical or in an epistemological or in a phenomenological way – amounts, really because it is a ratio, as (...) an explication and an articulation of an object formerly pre-understood and, so to speak, invented, cum discursu, or rather into specific logic and descriptive categories. Because of this structural co-belonging of the concept of “cosmos” to his own narrative dimension, we may can reduce the history of cosmology to a long sequence of depictions, but overall of creations and re-creations of the world, that allow us to distinguish in a only partial way a physical and naturalistic discussion from a theological, a metaphysical or a linguistical-imaginative one. (shrink)

An analysis of ms Vat. Lat. 781 reveals ratio and limppiditas as two key notions in Albert the Great's teaching on the possibility of knowing God.

In the face of growing skepticism and relativism, “believe in reason” is the central message in Pope John Paul II’s Fides et Ratio. Only by the two wings of reason and faith together can the human spirit soar. The current work, Ratio et Fides, is its philosophical counterpart. It is not a watered-down introduction but a “leading-into” the heart of philosophic thinking. Firmly rooted in the phenomenological description of an ordinary artifact, a mailbox, the book uses the principles (...) involved in the description to examine key figures in the history of thought. We focus on three areas: the Soul, Morality, and God. We consider seven thinkers. Plato and Aristotle, who founded the tradition, were taken up by Augustine and Aquinas in developing their theologies. Descartes launched the distinctively modern tradition, culminating in Hegel’s systematic presentation of the whole Western tradition, philosophical and religious. More recently, Heidegger approached that tradition in terms of its hidden ground in the Mystery of Being, recalling us to meditative thinking as the secular counterpart to prayer. Armed with this background, students will be able to approach with profit the Fathers of the Church and major theologians and philosophers, past and recent. (shrink)

A sample from the Ubatuba fragment collected in Brazil in 1957 was tested with the intent of examining the isotope ratios of its primary element, magnesium, and the trace elements strontium, barium, copper, and zinc. As background, the history of chemical testing of the Ubatuba fragments during the 1960s-1980s at multiple labs with varying capabilities is reviewed and then the remainder of the paper examines recent tests completed in 2017 and 2018 that for the first time used HR-ICPMS techniques to (...) look at the isotopic ratios of the minor constituents as well as the primary magnesium makeup of the sample. The magnesium isotope ratios were found to fall within terrestrial limits while the results on the isotope ratios of the trace elements was inconclusive. Recommendations are made for improving the process of examining the trace elements. Keywords: Ubatuba, isotope, magnesium, HR-ICPMS, UFO. (shrink)

En marzo de 2021 se reformó la Constitución mexicana para transitar a un sistema de precedentes. Esta enmienda establece que las “razones” de las sentencias de la Suprema Corte serán obligatorias para los tribunales inferiores. Sin embargo, la reforma se enmarca en una arraigada práctica de tesis jurisprudenciales, i. e., enunciados abstractos identificados por la misma Corte al resolver un caso. Además, no hay consenso sobre qué son estas razones y por qué deberían ser vinculantes. El objetivo de este artículo (...) es identificar las posibles concepciones de razones para revelar los distintos roles de la Corte en la creación del derecho judicial. Se utilizan nociones de la ratio decidendi del common law como herramientas de introspección para identificar cuatro modelos de creación del derecho en la práctica mexicana, a saber: legislación judicial, reglas implícitas, justificaciones político-morales, y categorías sociales. Aunque la primera concepción parece ser la dominante, las alternativas amplían el abanico para entender cómo es que la Corte crea derecho dependiendo del contexto interpretativo en que opere. (shrink)

Clarke and Beck suggest that the ratio processing system may be a component of the approximate number system, which they suggest represents rational numbers. We argue that available evidence is inconsistent with their account and advocate for a two-systems view. This implies that there may be many access points for numerical cognition – and that privileging the ANS may be a mistake.

We present an experiment in which we add a common delay in a choice between two risky prospects. The results show that delay produces the same change in preferences as in the well-documented common ratio effect in risky lotteries. The added common delay acts as if the probabilities were divided by some common ratio. Moreover, we show that there is a strong magnitude effect, in the sense that the effect of delay depends on the magnitude of the outcome. (...) The results are consistent with the recently introduced probability time trade-off (PTT) model by Baucells and Heukamp. We present a parameterization of the model based on the experimental results, showing that the value function exhibits increasing relative risk aversion, the weighting function is s-shaped, and the intrinsic discount rate is decreasing. (shrink)

The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the (...) class='Hi'>ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications. (shrink)

The 2D:4D-Ratio, as an indirect measure of the fetal testosterone to estradiol ratio, is potentially very important for understanding and explaining different personality traits. It was the aim of the present study to replicate the findings from Fink et al. (2004) about the relation between individual differences in 2D:4D-Ratios and the Five Factor Model in different cultural groups. Therefore a sample of n = 78 Chinese and n = 370 German participants was recruited. Every participant provided hand scans (...) of both hands, from which 2D:4D-Ratios were computed. Moreover, all participants filled in the NEO Five Factor Inventory (NEO-FFI). Significant sex differences were found for ratios of both hands in the expected direction, with females showing higher ratios than males. With respect to links between personality and the digit ratio, a positive association was observed between 2D:4D-Ratio and Neuroticism in females, as shown in the earlier study. These findings were observed in both female subsamples from China and Germany, as well as in the full sample of participants. But in contrast to the results for the whole and the German female sample, where 2D:4D-Ratio of both hands were related to Neuroticism, in the Chinese female sample only left hand 2D:4D-Ratio was significantly and positively related to Neuroticism. There were no significant correlations found in any of the male samples. Thus, prenatal exposure to sex steroids appears to influence the personality factor Neuroticism in females specifically. This finding potentially has implications for mental health, as Neuroticism has been shown to be a risk factor for various forms of psychopathology. (shrink)

Throughout Anselm’s writings one can trace what seems to be a paradoxical inconsistency in his treatment of reason (ratio), understanding (intelligere) andthought (cogitare). The Monologion begins by proposing that even an unbeliever can convince himself of truths about God, “simply by reason alone,” while in theProslogion Anselm claims, to the contrary, “I believe so that I may understand.” Much of this confusion can be resolved by clarifying Anselm’s distinctions betweenreason, understanding and thought. Thought follows reason, but reason can surpass (...) understanding; one need not understand a conclusion reached through reason. Ultimately, one must understand what God is—‘that-than-which-a-greater-cannotbe-thought’—in order to prove through reason that one cannot think of God as non-existent, but the deeper understanding that God exists must come, not from reason, but through God’s illumination of one’s soul. (shrink)

Clarke and Beck propose that the approximate number system (ANS) represents rational numbers. The evidence cited supports only the view that it represents ratios (and positive integers). Rational numbers are extensive magnitudes (i.e., sizes), whereas ratios are intensities. It is also argued that WHAT a system represents and HOW it does so are not as independent of one another as the authors assume.

A close reading of the five mathematical studies Socrates proposes for the philosopher-to-be in Republic VII, arguing that (1) each study proposes an object the thought of which turns the soul towards pure intelligibility and that (2) the sequence of studies involves both a departure from the sensible and a return to it in its intelligible structure.

In the homogeneous case of one-dimensional objects, we show that any relation that is positive and homothetic can be represented by a ratio-scale and a unique and constant biasing factor. This factor may favor or disfavor the preference for an object over another. In the first case, preferences are complete but not transitive and an object may be preferred even when its value is lower. In the second case, preferences are asymmetric and transitive but not negatively transitive and it (...) may not be sufficient for an object to have a greater value to be preferred. In this manner, the biasing factor reflects the extent to which preferences may depart from a maximization process. (shrink)

The ratio bias––according to which individuals prefer to bet on probabilities expressed as a ratio of large numbers to normatively equivalent or superior probabilities expressed as a ratio of small numbers––has recently gained momentum, with researchers especially in health economics emphasizing the policy importance of the phenomenon. Although the bias has been replicated several times, some doubts remain about its economic significance. Our two experiments show that the bias disappears once order effects are excluded, and once salient (...) and dominant incentives are provided. This holds true for both choice and valuation tasks. Also, adding context to the decision problem does not change this outcome. No ratio bias could be found in between-subject tests either, which leads us to the conclusion that the policy relevance of the phenomenon is doubtful at best. (shrink)

"From his geometrical method to his theory of mind and body and from his account of the emotions to his doctrine of how to live well, Spinoza's philosophy is a philosophy of ratio"--Back cover.

There are different Bayesian measures to calculate the degree of confirmation of a hypothesis H in respect of a particular piece of evidence E. Zalabardo (Analysis 69:630–635, 2009) is a recent attempt to defend the likelihood-ratio measure (LR) against the probability-ratio measure (PR). The main disagreement between LR and PR concerns their sensitivity to prior probabilities. Zalabardo invokes intuitive plausibility as the appropriate criterion for choosing between them. Furthermore, he claims that it favours the ordering of pairs evidence/hypothesis (...) generated by LR. We will argue, however, that the intuitive non-numerical example provided by Zalabardo does not show that prior probabilities do not affect the degree of confirmation. On account of this, we conclude that there is no compelling reason to endorse LR qua measure of degree of confirmation. On the other side, we should not forget some technicalities which still benefit PR. (shrink)

In this paper, I delineate two major problems facing reliabilist approaches in epistemology. I argue that Alvin Goodman's (1986) position fails to solve either problem. I then suggest an alternative reliabilist approach that ties truth-ratio assessments to particular, well-specified cognitive tasks. I claim that a well-specified cognitive task is an empirical hypothesis about a system that involves the specification of input and output types and nomic correlations (including statistical correlations) that underlie the system's performance. On my approach, one characterizes (...) processes by reference to the system's dispositions across the situations consistent with the task. Characterization is best understood as revealing a strategy or a set of strategies for generating outputs from inputs relying on certain nomic correlations associated with the task. (shrink)

The ratio bias—according to which individuals prefer to bet on probabilities expressed as a ratio of large numbers to normatively equivalent or superior probabilities expressed as a ratio of small numbers—has recently gained momentum, with researchers especially in health economics emphasizing the policy importance of the phenomenon. Although the bias has been replicated several times, some doubts remain about its economic significance. Our two experiments show that the bias disappears once order effects are excluded, and once salient (...) and dominant incentives are provided. This holds true for both choice and valuation tasks. Also, adding context to the decision problem does not alter this finding. No ratio bias could be found in between-subject tests either, which leads us to the conclusion that the policy relevance of the phenomenon is doubtful at best. (shrink)

In March 2021, the Mexican Constitution was amended to transition to a system of precedents. This amendment mandates that the “reasons” of Supreme Court rulings will be binding on the lower courts. However, the reform is rooted in a long-standing practice of ‘Tesis’, i.e., abstract statements that the Court itself identifies when deciding a case. Moreover, there is no consensus as to what these reasons are and why they should be binding. The aim of this article is to identify the (...) possible conceptions of reasons to explore the Court’s different judge-made law roles. Different common law conceptions of the ratio decidendi are used as “mirrors” to identify four models of judicial lawmaking in Mexican practice, namely: judicial legislation, implicit rules, moral-political justifications and social categories. Although the first model seems to prevail, the others provide means for a broader understanding of how the Court creates law depending on the interpretative context in which it operates. (shrink)

This paper argues that Augustine did not take the proof inSoliloquia2.22-4, which centers on the Aristotelian notion of ‘being in a subject’, from a single source but constructed it in a deliberately imperfect manner from several passages from Porphyry’s works on Aristotle’sCategoriesin order to supplement it with further arguments in Book Three. InDe immortalitate animaeAugustine explicitly discloses the weaknesses of the proof and repairs them by means of a Neoplatonic notion of causality.

This manuscript explores the argument for lower student-to-school counselor ratios in U.S. public education. Drawing upon a comprehensive historical review and existing research, we establish the integral role of school counselors and the notable benefits of reduced student-to-counselor ratios. Our analysis of national data exposes marked disparities across states and districts, with the most underfunded often serving higher percentages of low-income students and students of color. This situation raises significant ethical concerns, prompting a call for conscientious policy reform and targeted (...) investment. Informed by emerging best practices, we propose recommendations for enhancing counselor staffing and ultimately student outcomes. This ethical argument underscores the need for proactive actions and provides a basis for future research to further delineate the impact of school counselor ratios on educational equity and student success. (shrink)

ABSTRACTUnquestionably, philosophy has acquired a somewhat new register lately. First, I discuss the appearance of the theological virtues in contemporary philosophy. This appearance is heralded in Nietzsche’s famous preface to The Gay Science. The event remains at this point curious and without explanation. In a second step, I explore current French philosophy and culture as the frame and/or the effect of this appearance. At this point, I still cannot find the philosophical meaning of the virtues, only the condition of possibility (...) of their ‘extra-theological’ relevance. At most, I can reopen the religious nature, element or register of thought, of philosophy. I will do that by introducing eschatology and desecularisation, implying that modern rationalist allegedly areligious atheism is actually a hyper-religious theism. Desecularisation can only be understood within the frame of an ‘open world’, within a world-as-opening. World then becomes the event of meaning and the thought that thinks the opening, open thought as it were, is philosophical charity or philosophy-as-charity. The effect of all this is precisely philosophy turning into virtuous thought. Philosophy becomes, in ‘fact’, hope, faith and charity. (shrink)

Interpersonal responsibility is an indigenous Chinese personality construct, which is regarded to have positive social functions. Two studies were designed to explore the relationship among interpersonal responsibility, proposal allocation ratio, and responders’ hostile decisions in an ultimatum game. Study 1 was a scenario study using a hypothetical ultimatum game with a valid sample of 551 high school students. Study 2 was an experimental study which recruited 54 undergraduate students to play the incentivized ultimatum game online. The results of the (...) two studies showed a significantly negative correlation between interpersonal responsibility and responders’ rejection responses only when the proposal allocation ratio was 3:7. In addition, in study 2, interpersonal responsibility had negative effects on responders’ rejection responses under the offer of 3:7, even after controlling for the Big Five personality traits. Taken together, proposal allocation ratio might moderate the effects of interpersonal responsibility on hostile decision-making in the ultimatum game. The social function of interpersonal responsibility might be beyond the Big Five. Keywords: interpersonal responsibility, proposal allocation ratio, hostile decision-making, moderator, ultimatum game, Big Five personality. (shrink)

This paper discusses a challenge for Comparativists about belief, who hold that numerical degree of belief (in particular, subjective probability) is a useful fiction, unlike comparative belief, which they regard as real. The challenge is to make sense of claims like ‘I am twice as confident in A as in B’ in terms of comparative belief only. After showing that at least some Comparativists can meet this challenge, I discuss implications for Zynda’s [2000] and Stefánsson’s [2017] defences of Comparativism.

The paper deals with the problem of the ratio of unity in the work of Thomas Aquinas. More specifically, it tries to answer the question wherein the ratio of unity consists: whether it is a “positive entity of being” or rather the “negative aspect of being undivided.” In order to answer the question properly the paper is divided into four main parts. In the first two parts the constitutive characteristics of unity are explained and attention is focused on (...) the concepts division and negationof division. In the third part Aquinas’s statements that seem to reflect a negative conception of unity are expounded and the relationship of unity and goodness tothe “entitative principles” of being (essence and existence) are elucidated. Finally, in the fourth part the answer to the fundamental question of the article is givenand arguments for the “positive” conception of unity are presented. (shrink)

During the century following the Council of Trent, two trends within Catholic religious orders matured: the first consisted in unifying and strengthening the Order’s culture by focussing on one author of reference; the other in elaborating a new way of presenting that author’s doctrines. In the case of the Friars Minor Conventuals, these trends were fostered in the second decade of the seventeenth century by the minister general of the Order, Giacomo Montanari, who promoted the idea that providing the Order (...) with new works featuring innovative didactic characteristics and a renewed defence of the doctrines of John Duns Scotus was a prime way to lead an authentic religious life. Bartolomeo Mastri and Bonaventura Belluto’s “philosophiae cursus ad mentem Scoti” was probably the major result of this impulse. This essay examines the ways in which this process occurred and the outcomes to which it led. (shrink)

We present a study comparing, in English, perceived distributions of men and women in 422 named occupations with actual real world distributions. The first set of data was obtained from previous a large-scale norming study, whereas the second set was mostly drawn from UK governmental sources. In total, real world ratios for 290 occupations were obtained for our perceive vs. real world comparison, of which 205 were deemed to be unproblematic. The means for the two sources were similar and the (...) correlation between them was high, suggesting that people are generally accurate at judging real gender ratios, though there were some notable exceptions. Beside this correlation, some interesting patterns emerged from the two sources, suggesting some response strategies when people complete norming studies. We discuss these patterns in terms of the way real world data might complement norming studies in determining gender stereotypicality. (shrink)

Throughout Anselm’s writings one can trace what seems to be a paradoxical inconsistency in his treatment of reason (ratio), understanding (intelligere) andthought (cogitare). The Monologion begins by proposing that even an unbeliever can convince himself of truths about God, “simply by reason alone,” while in theProslogion Anselm claims, to the contrary, “I believe so that I may understand.” Much of this confusion can be resolved by clarifying Anselm’s distinctions betweenreason, understanding and thought. Thought follows reason, but reason can surpass (...) understanding; one need not understand a conclusion reached through reason. Ultimately, one must understand what God is—‘that-than-which-a-greater-cannotbe-thought’—in order to prove through reason that one cannot think of God as non-existent, but the deeper understanding that God exists must come, not from reason, but through God’s illumination of one’s soul. (shrink)

The paper deals with the problem of the ratio of unity in the work of Thomas Aquinas. More specifically, it tries to answer the question wherein the ratio of unity consists: whether it is a “positive entity of being” or rather the “negative aspect of being undivided.” In order to answer the question properly the paper is divided into four main parts. In the first two parts the constitutive characteristics of unity are explained and attention is focused on (...) the concepts division and negationof division. In the third part Aquinas’s statements that seem to reflect a negative conception of unity are expounded and the relationship of unity and goodness tothe “entitative principles” of being (essence and existence) are elucidated. Finally, in the fourth part the answer to the fundamental question of the article is givenand arguments for the “positive” conception of unity are presented. (shrink)

Acting for the good of the patient is the most fundamental and universally acknowledged principle of medical ethics. However, given the complexity of modern medicine as well as the moral fragmentation of contemporary society, determining the good is far from simple. In his philosophy of medicine, Edmund Pellegrino develops a conception of the good that is derived from the internal morality of medicine via the physician-patient relationship. It is through this healing relationship that rights, duties, and privileges are defined for (...) both physicians and patients. Moreover, this relationship determines the characteristics or virtues that are necessary to engage in the medical telos. This paper addresses the role of the moral virtues in clinical medicine and the physician-patient relationship. First, it provides a brief background of the Aristotelian foundations of virtue-ethics. Second, it delves into Pellegrino’s philosophy of medicine understood as a practice oriented towards a teleological goal. Third, it relates the telos of medicine to the notion of the medical community as a fundamentally moral community. Finally, it concludes with a section that creates a dialogue between virtue ethics and principlism. (shrink)

Von der Grundlegung des Wissenschaftsbegriffs vor allem bei Descartes ausgehend wird ein Begriff der Rationalität exemplarisch entwickelt. Von da aus wird die Differenz zwischen wissenschaftlicher und allgemeiner Rationalität mittels der Unterscheidung der Funktion individueller Einbildungskraft innerhalb wissenschaftlicher und außerwissenschaftlicher Rationalität näher bestimmt, u.a. mit dem Ergebnis,daß individuelle Kunst und Geschieht lichkeit philosophisch als "Substanz” wissenschaftlichen Wissens zu begreifen sind.