Nowadays, there is a quite considerable amount of literature on the use of analogy or more generally of inferences by parallel reasoning in contemporary legal reasoning and particularly so within Common Law. These studies are often motivated by research in artificial intelligence seeking to develop suitable software-support for legal reasoning. Recently, Rahman et al. developed a dialogical approach in the framework of Constructive Type Theory to what in Islamic Jurisprudence was called qiyās or correlational inferences. In their last chapter the (...) authors suggested that such an approach contributes to the study of patterns of reasoning by precedent cases within contemporary Common Law. In the present paper we will further motivate the deployment of the dialogical framework developed in Rahman et al. within Civil and Common Law. After a presentation of Scott Brewer’s take on analogy within Common Law, that has striking structural similarities to reasoning by precedent case rooted in ratio legis, we will illustrate the implementation of the framework with a brief discussion of some cases of legal reasoning based on Spanish Civil Law but where the accent is put in the emerging ruling rather than in the existing of a case in Common Law. Moreover, quite surprisingly, the case under study suggests that even cases of Law interpretation fit the argumentation pattern of qiyās al-‘illa. A caveat: in the present paper we will focus mainly in discussing the dynamics of the meaning constitution involved rather than in setting the rules of the underlying dialogical framework, the latter is the subject of a follow-up paper. (shrink)

Nowadays, there is a quite considerable amount of literature on the use of analogy or more generally of inferences by parallel reasoning in contemporary legal reasoning, and particularly so within Common Law. These studies are often motivated by researches in artificial intelligence seeking to develop suitable software-support for legal reasoning. Recently; Rahman/Iqbal/Soufi (2020) developed a dialogical approach in the framework of Constructive Type Theory to what in Islamic Jurisprudence was called qiyās or correlational inferences. In their last chapter the authors (...) suggested that such an approach contributes to the study of patterns of reasoning by precedent cases within contemporary common Law. In the present paper we will further motivate the deployment within Civil and Common Law of the dialogical framework developed in Rahman/Iqbal/Soufi (2020). After a presentation of Scott Brewer's take on analogy within Common Law, that has striking structural similarities to reasoning by precedent case rooted in ratio legis (known in Islamic Jurisprudence as qiyās al-'illa or correlational inference by the occasioning factor), we will illustrate the implementation of the framework with a brief discussion of some cases of legal reasoning based in Spanish Civil Law but where the accent is put in the emerging ruling rather than in the existing of a case as in Common Law. Moreover; quite surprisingly, the case under study suggests that even cases of Law-interpretation fit the argumentation pattern of qiyās al-'illa. A caveat: in the present paper we will focus mainly in discussing the dynamics of the meaning constitution involved rather than in setting the rules of the underlying dialogical framework, the latter is the subject of a follow-up paper. (shrink)

Emotion evaluations are assumed to play a crucial role in the emotion regulation process. We tested a postulate from our framework of emotion dysregulation (Nowak, U., Wittkamp, M. F., Clamor, A., & Lincoln, T. M. [2021]. Using the Ball-in-Bowl metaphor to outline an integrative framework for understanding dysregulated emotion. Frontiers in Psychiatry, 12, 118), namely that the extent to which individuals evaluate an emotion as harmful and their personal resources to modify and accept/tolerate the emotion as sufficient predict the subsequent (...) use of regulation strategies. Participants (n = 118) from a community sample took part in an experience-sampling assessment over 7 days including 10 daily paired measurements. The first measured momentary affective valence and arousal along with harmfulness evaluations and evaluations of personal resources to modify and accept/tolerate an emotion. The second followed three minutes later and measured emotion regulation strategies. The more harmful individuals evaluated an emotion, the more likely they were to use an emotion regulation strategy. The more harmful individuals evaluated an emotion, and the less sufficient they evaluated their personal resources to accept/tolerate an emotion, the more likely they were to use a maladaptive emotion regulation strategy. We conclude that emotions that people evaluate as harmful or difficult to accept are most likely to be regulated in a maladaptive manner. This implies that modifying beliefs about emotions could represent a promising treatment approach. (shrink)

ABSTRACTTime-consciousness has long been a focus of research in phenomenology and phenomenological psychology. We advance and extend this tradition of research by focusing on the character of temporal experience under conditions of mania. Symptom scales and diagnostic criteria for mania are peppered with temporally inflected language: increased rate of speech, racing thoughts, flight-of-ideas, hyperactivity. But what is the underlying structure of temporal experience in manic episodes? We tackle this question using a strategically hybrid approach. We recover and reconstruct three hypotheses (...) regarding manic temporality that were advanced and modeled by two pioneers of clinical phenomenology: Eugène Minkowski and Ludwig Binswanger. We then test, critique, and refine these hypotheses using heterophenomenological methods in an interview-based study of persons with a history of bipolar and a current diagnosis of acute mania. Our conclusions support a central hypothesis due to Minkowski... (shrink)

ObjectiveAre people with a characteristically large physiological sway rendered particularly unstable when standing on a moving surface? Is postural sway in standing individuals idiosyncratic? In this study, we examine postural sway in individuals standing normally, and when subtle continuous sinusoidal disturbances are applied to their support platform. We calculate consistency between conditions to verify if sway can be considered characteristic of each individual. We also correlate two different aspects of participants’ responses to disturbance; their sway velocity and their regulation of (...) body orientation.MethodsNineteen healthy adults (age 29.2 ± 3.2 years) stood freely on footplates coaxially aligned with their ankles and attached to a motorized platform. They had their eyes closed, and hips and knees locked with a light wooden board attached to their body. Participants either stood quietly on a fixed platform or on a slowly tilting platform (0.1 Hz sinusoid; 0.2 and 0.4 deg). Postural sway size was separated into two entities: (1) the spontaneous sway velocity component (natural random relatively rapid postural adjustments, RMS body angular velocity) and (2) the evoked tilt gain component (much slower 0.1 Hz synchronous tilt induced by the movement of the platform, measured as peak-to-peak (p-p) gain, ratio of body angle to applied footplate rotation).ResultsThere was no correlation between the velocity of an individual’s sway and their evoked tilt gain (r= 0.34,p= 0.15 andr= 0.30,p= 0.22). However, when considered separately, each of the two measurements showed fair to good absolute agreement within conditions. Spontaneous sway velocity consistently increased as participants were subjected to increasing disturbance. Participants who swayed more (or less) did so across all conditions [ICC(3,k)= 0.95]. Evoked tilt gain also showed consistency between conditions [ICC(3,k)= 0.79], but decreased from least to most disturbed conditions.ConclusionThe two measurements remain consistent between conditions. Consistency between conditions of two very distinct unrelated measurements reflects the idiosyncratic nature of postural sway. However, sway velocity and tilt gain are not related, which supports the idea that the short-term regulation of stability and the longer-term regulation of orientation are controlled by different processes. (shrink)

Se presentan los resultados de un estudio cuyo objetivo general fue identificar y caracterizar el patron estructural de las prácticas pedagógicas recurrentes en los departamentos de educación de espacios patrimoniales musealizados de la Región Metropolitana de Chile, ejemplo de país con perfil identitario pluricultural. La muestra parte de los 87 museos y organizaciones del Registro Nacional de Museos del gobierno (RMC). Se utilizó un diseño exploratorio secuencial (cuan – CUAL) que incorpora análisis estadísticos descriptivos, fases, criterios e instrumentos del método (...) OEPE. Permitió acotar la muestra a 16 y trasladar sus líneas a la base de datos OEPE. Seguido a esto (fase CUAL), la muestra se sometió a los indicadores de la escala validada Q-Edutage. Finalmente, se realizaron análisis descriptivos para los 5 departamentos educativos cuartil 1. La óptica se sitúa en la correlación de ámbitos y agentes educativos como fenómeno. Los nodos estructurales fueron metodología, tipologías de diseño, estrategias pedagógicas, recursos y cauces de participación e interacción comunicativa en entornos virtuales. De la estructura se infieren los cuatro principios del fenómeno, los cuales se ocupan de (1) la capacitación profesional, (2) los artefactos facilitadores, (3) la tecnología aplicada y (4) los mecanismos favorecedores de la interacción. (shrink)

Trata-se de um estudo das reações psicológicas de ansiedade e depressão em pacientes hospitalizados em Hospital Geral. Esta pesquisa visou comparar a prevalência destas sintomatologias em dois grupos de pacientes. O primeiro grupo com vivência de Unidade de Terapia Intensiva (UTI) e o segundo sem vi..

An experimental study was designed to analyze the effect of school-based training in self-regulation learning strategies on academic performance. Class-level variables were considered and the effects of the intervention were measured at the end of the intervention and 3 months later. A sample of 761 students from 3rd and 4th grades, from 14 schools, participated in the study. Data were analyzed using three-level analysis with within-student measurements at level 1, between-students within-classes at level 2, and between-classes at level 3. Data (...) showed a positive effect of the intervention on student performance, both at post-test and at follow-up considering the four school subjects together. However, the effect was significant just at follow-up when subjects were considered separately. Student performance was significantly related to the students’ variables and the context. Finally, students’ gender and level of reading comprehension, as well as the teacher’s gender, were found to moderate the effect of the intervention on students’ academic performance. Two conclusions were highlighted: first, data emphasize the importance of considering time while conducting intervention studies. Second, more teaching experience does not necessarily translate into improvements in the quality of students’ instruction. (shrink)

Educational policy and social sciences researchers have been studying dishonest behaviors among students for a long time. In this bibliometric study we examine the extant literature on academic dishonesty until 2017. We also analyze the specific case of the literature on plagiarism since it is arguably one of the most common academic dishonest behavior. We aim at identifying the intellectual structure of the field of academic dishonesty and plagiarism. Results show that Donald L. McCabe and Richard L. Marsh appear as (...) the most productive authors. Furthermore, Whitley, 235–274, 1998) “Factors associated with cheating among college students: A review”, and Pennycook, 201–230, 1996), entitled “Borrowing others’ words: Text, ownership, memory, and plagiarism” are the most cited publications on academic dishonesty and on plagiarism, respectively. Additionally, a strong connection between the McCabe and Treviño articles emerged from the co-citation analysis on academic dishonesty, and also a strong relationship between Pennycook, 201–230, 1996) and Pecorari, 317–345, 2003), suggesting that these articles are strongly connected. Results suggest that these are the most influential authors and articles of the field. (shrink)

A revised translation of Heidegger's most important work.

A revised translation of Heidegger's most important work.

A landmark discussion between two great thinkers, vital to an understanding of twentieth-century philosophy and intellectual history.

We provide a battery of examples of delusions against which theoretical accounts can be tested. Then, we identify neuropsychological anomalies that could produce the unusual experiences that may lead, in turn, to the delusions in our battery. However, we argue against Maher’s view that delusions are false beliefs that arise as normal responses to anomalous experiences. We propose, instead, that a second factor is required to account for the transition from unusual experience to delusional belief. The second factor in the (...) aetiology of delusions can be described superficially as a loss of the ability to reject a candidate for belief on the grounds of its implausibility and its inconsistency with everything else that the patient knows. But we point out some problems that confront any attempt to say more about the nature of this second factor. (shrink)

Article copyright 2002. We provide a battery of examples of delusions against which theoretical accounts can be tested. Then we identify neuropsychological anomalies that could produce the unusual experiences that may lead, in turn, to the delusions in our battery. However, we argue against Maher's view that delusions are false beliefs that arise as normal responses to anomalous experiences. We propose, instead, that a second factor is required to account for the transition from unusual experience to delusional belief. The second (...) factor in the etiology of delusions can be described superficially as a loss of the ability to reject a candidate for belief on the grounds of its implausibility and its inconsistency with everything else that the patient knows, but we point out some problems that confront any attempt to say more about the nature of this second factor. (shrink)

Fiona Macpherson (2012) argues that various experimental results provide strong evidence in favor of the cognitive penetration of perceptual color experience. Moreover, she proposes a mechanism for how such cognitive penetration occurs. We argue, first, that the results on which Macpherson relies do not provide strong grounds for her claim of cognitive penetrability; and, second, that, if the results do reflect cognitive penetrability, then time-course considerations raise worries for her proposed mechanism. We base our arguments in part on several of (...) our own experiments, reported herein. (shrink)

This article develops an ecological framework for understanding collective action. This is contrasted with approaches familiar from the collective intentionality debate, which treat individuals as fundamental units of collective action. Instead, we turn to social ecological psychology and dynamical systems theory and argue that they provide a promising framework for understanding collectives as the central unit in collective action. However, we submit that these approaches do not yet appreciate enough the relevance of social identities for collective action. To analyze this (...) aspect, we build on key insights from social identity theory and synthesize it with embodied and ecological accounts of perception and action. This results in the proposal of two new types of affordances. For an individual who enacts her "embodied social identity" of being a member of a particular collective, there can be what we call embodied social identity affordances. Moreover, when several individuals dynamically interact with each other against the background of their embodied social identities, this might lead to the emergence of a collective, which we understand as a dynamically constituted and ecologically situated perception-action system consisting of several individuals enacting relevant embodied social identity affordances. Building on previous work in social ecological psychology, we suggest that there can be genuine collective affordances, that is, affordances whose subject is not an individual, but a collective. (shrink)

Recent empirical findings from social psychology, ecological psychology, and embodied cognitive science indicate that situational factors crucially shape the course of human behavior. For instance, it has been shown that finding a dime, being under the influence of an authority figure, or just being presented with food in easy reach often influences behavior tremendously. These findings raise important new questions for the philosophy of action: Are these findings a threat to classical conceptions of human agency? Are humans passively pushed around (...) by situational factors, or are there agential aspects in the way we spontaneously experience and react to situations? How can one conceptualize the pervasive influence of situational factors on human action? What are situations in the first place, and how should the influence of these situations on action be thought of? This paper sets out to develop a new conceptual repertoire for thinking about the influence of situations on action, drawing on research from ecological psychology as well as from embodied and enactive cognitive science. The key proposal is the development of a philosophical sensorimotor account of agency: Action, it is proposed, should be conceived of as constant dynamical interaction of agential and environmental factors – factors which should all be conceptualized in new ways. (shrink)

Two more or less standard methods exist for the systematic, logical construction of classical mathematics, the so-called theory of types, due in the main to Russell, and the Zermelo axiomatic set theory. In systems based upon either of these, the connective of membership, “ε”, plays a fundamental role. Usually although not always it figures as a primitive or undefined symbol.Following the familiar simplification of Russell's theory, let us mean by alogical typein the strict sense any one of the following: (i) (...) the totality consisting exclusively of individuals, (ii) the totality consisting exclusively of classes whose members are exclusively individuals, (iii) the totality consisting exclusively of classes whose members are exclusively classes whose members in turn are exclusively individuals, and so on. Any entity from (ii) is said to beone type higherthan any entity from (i), any entity from (iii), one type higher than any entity from (ii), and so on. In systems based upon this simplified theory of types, the only significant atomic formulae involving “ε” are those asserting the membership of an entity in an entity one type higher. Thus any expression of the form “(x∈y)” is meaningless except where “y” denotes an entity of just one type higher than the type of the entity denoted by “x” It is by means of general type restrictions of this kind that the Russell and other paradoxes are avoided. (shrink)

A noted author defends his personal attitudes toward the fundamental issues of classical philosophy, discussing the awesome mystery surrounding science and life and explaining why he considers himself a theist.

Some authors have recently claimed that relativism about knowledge sentences accommodates the context sensitivity of our use of such sentences as well as contextualism, while avoiding the counterintuitive consequences of contextualism regarding our inter-contextual judgments, that is, our judgments about knowledge claims made in other contexts. I argue that relativism, like contextualism, involves an error theory regarding a certain class of inter-contextual judgments.

Some authors have recently claimed that relativism about knowledge sentences accommodates the context sensitivity of our use of such sentences as well as contextualism, while avoiding the counterintuitive consequences of contextualism regarding our inter-contextual judgments, that is, our judgments about knowledge claims made in other contexts. I argue that relativism, like contextualism, involves an error theory regarding a certain class of inter-contextual judgments.

How do scientific explanations for beliefs affect people's confidence that those beliefs are true? For example, do people think neuroscience-based explanations for belief in God support or challenge God's existence? In five experiments, we find that people tend to think explanations for beliefs corroborate those beliefs if the explanations invoke normally-functioning mechanisms, but not if they invoke abnormal functioning (where “normality” is a matter of proper functioning). This emerges across a variety of kinds of scientific explanations and beliefs (religious, moral, (...) and scientific). We also find evidence that these effects can interact with people's prior beliefs to produce motivated judgments. (shrink)

Mixed method study designs are becoming increasingly popular among nurse researchers. Mixed studies can have advantages over single method or methodological investigative designs. However, these advantages may be squandered where researchers fail to think through and justify their theoretic decisions. This paper argues that nurse researchers do not always pay sufficient heed to the philosophic and theoretic elements of research design and, in consequence, some mixed study reports lack argumentative coherence and validity. It is here suggested that Hempel's concept of (...) equivalence can be stretched to usefully illustrate one of the main threats to argumentative coherence in mixed study design. The critical realist theory of Roy Bhaskar is then introduced and this, it is proposed, offers one means by which Hempel's equivalence dilemma can be overcome. Critical realists recognize the existence of logical connections between the ontological, epistemological, and methodological premises that underpin their work. They are therefore more likely to produce coherent studies than uncritical pragmatists who ignore such linkages and, paradoxically, critical realists can be epistemological pluralists because, in re‐conceptualizing the ontological basis of inquiry, problems associated with the mixing of alternative metaphysics are circumvented. (shrink)

Feminist philosophers have long worried that intersectionality undermines the viability of the concept and category of woman, thereby undermining feminist theory and politics. Some have responded to this problem by abandoning intersectionality; others have attempted to find some suitably inclusive way of reconceptualizing woman. I provide a novel solution that focuses on conceptualizing oppression in light of intersectionality, rather than trying to provide an account of what it is to be a woman. By enabling us to understand feminism as responding (...) to gender oppression, this account shows that intersectionality does not conceptually undermine and fragment feminism. Feminism should be intersectional. (shrink)

Two more or less standard methods exist for the systematic, logical construction of classical mathematics, the so-called theory of types, due in the main to Russell, and the Zermelo axiomatic set theory. In systems based upon either of these, the connective of membership, “ε”, plays a fundamental role. Usually although not always it figures as a primitive or undefined symbol.Following the familiar simplification of Russell's theory, let us mean by alogical typein the strict sense any one of the following: (i) (...) the totality consisting exclusively of individuals, (ii) the totality consisting exclusively of classes whose members are exclusively individuals, (iii) the totality consisting exclusively of classes whose members are exclusively classes whose members in turn are exclusively individuals, and so on. Any entity from (ii) is said to beone type higherthan any entity from (i), any entity from (iii), one type higher than any entity from (ii), and so on. In systems based upon this simplified theory of types, the only significant atomic formulae involving “ε” are those asserting the membership of an entity in an entity one type higher. Thus any expression of the form “(x∈y)” is meaningless except where “y” denotes an entity of just one type higher than the type of the entity denoted by “x” It is by means of general type restrictions of this kind that the Russell and other paradoxes are avoided. (shrink)

: Is Peirce's esthetic relevant for the philosophy of art—what is usually referred to today as aesthetics? At first glance Peirce's idiosyncratic esthetic seems quite unconcerned with issues of art. Yet a careful examination reveals that this is not the case. Thus, rather than attempt to "apply" Peirce's views to some aspect of the practice or the theory of art (e.g., creativity, historiography of art, style, genre), or even to a particular work of art, my intention is to examine how (...) art fits into Peirce's own conception of his esthetic theory. The argument is divided into two parts. In the first section I present Peirce's conception of esthetics in the context of the normative sciences. I argue that esthetics connects with various strands of Peirce's philosophy, most notably his cosmology, his agapasm and with the way that important aspects of them hang together around the principle of abduction and the corresponding notion insight. In the second section, I consider in what way art may be said to be admirable, to contribute to the summum bonum. I try to show that Peirce's esthetic suggests that what attracts us towards art is first and foremost a semeiotic quality qua quality of mind or quality of Thirdness. (shrink)

El objetivo del presente artículo es ofrecer una interpretación de la doctrina del esquematismo de los conceptos empíricos y matemáticos presentada por Kant en su Crítica de la razón pura. Mostramos que los esquemas de los conceptos empíricos y matemáticos son procedimientos de síntesis gobernados por reglas conceptuales. Aunque no consideramos que esta doctrina kantiana carece de problemas, nuestro trabajo muestra que: 1) esos esquemas pueden distinguirse rigurosamente de sus correspondientes conceptos; 2) esos esquemas no son entidades superfluas. Estas conclusiones (...) se alcanzan mostrando que el contenido de un concepto determina la unidad de elementos sensibles que tiene que ser efectuada por un esquema en tanto procedimiento de síntesis. (shrink)

The author shows that the beliefs of Catholics and other Christians are reasonable, not based on blind faith. Drawing on Catholic and Christian theological traditions, the book links traditional teaching with contemporary issues to illustrate the relevance of faith to modern cultural, ethical, and scientific issues.--From publisher's description.