This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In this paper, we provide an analysis of the concept of legal personality and discuss whether personality may be conferred on artificial intelligence systems (AIs). Legal personality will be presented as a doctrinal category that holds together bundles of rights and obligations; as a result, we first frame it as a node of inferential links between factual preconditions and legal effects. However, this inferentialist reading does not account for the ‘background reasons’ of legal personality, i.e., it does not explain why (...) we cluster different situations under this doctrinal category and how extra-legal information is integrated into it. We argue that one way to account for this background is to adopt a neoinstitutional perspective and to update the ontology of legal concepts with a further layer, the meta-institutional one. We finally argue that meta-institutional concepts can also support us in finding an equilibrium around the legal-policy choices that are involved in including (or not including) AIs among legal persons. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...) this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

This book offers both the theoretical background behind the minority effect, teachers' personal experiences as they experienced being a minority, and their analyses and insights for teaching diverse learners. This book uses real-life experiences of diverse people to illustrate that, if not understood and addressed, situational minorities at school or work are unlikely to perform at their highest potentials.

This paper examines the implications of digital remediation which translates and transforms an older text, endowing it with new life, in relation to the project #LauraSpeaks, a translation and remediation of Pellegra Bongiovanni’s Risposte di Madonna Laura alle rime di Messer Francesco Petrarca, in nome della medesima. Divided into three different sections, it describes the steps involved in this project, from the discovery of the original text and the analysis of Bongiovanni’s contribution within the realm of Petrarchism, moving (...) to a discussion of the translation of her work from Italian to English and the creation of the “Twitterature” version of the text, then finally to an analysis of the text’s transformation into the film medium. This paper also investigates the theoretical premises of digital remediation and the role that hypertext plays in multiplying opportunities for meaning-making and in enriching the act of reading and writing. (shrink)

Context: Although there are rich descriptive accounts of skill acquisition in the literature, there are no satisfactory explanatory models of the cognitive processes involved. Problem: The aim of the paper is to explain some key phenomena frequently observed in the acquisition of motor skills: the loss of conscious access to knowledge of the structure of a skill and the awareness that an error has been made prior to the receipt of knowledge of results. Method: In the 1970s, the first author (...) implemented a computer program model of the cognitive processes involved in learning and skill acquisition, based on a series of empirical investigations. Recently, with assistance from the second author, the model has been reviewed, updated and re-implemented. Result: The model provides a constructivist account of skill acquisition and associated phenomena. Implications: The model adds to the understanding of motor skill acquisition and will be of interest to researchers and practitioners in physical therapy and sports science. It is also provides a constructivist cognitive architecture that can be fruitfully contrasted with non-constructivist cognitive architectures well-known in cognitive science. (shrink)

Contributed research papers presented at National Seminar jointly organized by Somanth Sanskrit University, Veraval and Sanskrit Sahitya Akadami at Gandhinagar on February 21-22, 2022.

Для юристов-практиков и разработчиков законов, студентов, аспирантов и преподавателей юридических вузов и факультетов.

Jesus instructs us to “love,” “pray for,” and “do good” to enemies, going so far as to make this response to enemies the criterion for being considered “children of your Father in heaven”. Jesus based this instruction on the character of the Father, not on the character of our enemies, which means his instruction allows for no exceptions. In this essay I flesh out the implications of this for a Christian response to terrorism, arguing that this response should look radically (...) different from that of just war theorists. (shrink)

Laudan's "progress and its problems" is of two, incompatible, minds. proto-laudan argues that science is indexed to historical contexts, such that scientific rationality depends on progress and not vice-versa. deutero-laudan claims that sociology assumes "a rationality" and so misunderstands science. the latter is confused and offers no argument against sociology which does not also apply against historical approaches to philosophy of science, proto-laudan included. such tribal warfare is unprogressive, and best abandoned.

There are few examples in the literature of objective measures for the assessment of donor willingness. The author describes the scoring system in use at his own renal transplant unit which has brought objectivity to the process of determining the willingness of living related donors. In this system, a total score to determine the degree of willingness or unwillingness is calculated based on responses to a series of questions. The author believes that with minor modifications this system could be implemented (...) by transplant units in different countries and cultures to screen out donors who are acting under duress. (shrink)

Open peer commentary on the article “Towards a PL-Metaphysics of Perception: In Search of the Metaphysical Roots of Constructivism” by Konrad Werner. Upshot: My commentary has three aims. Firstly, to provide additional support to Konrad Werner’s correct insight that radical constructivism is based on a radical distinction between experienced reality and ontological reality. This is a strong metaphysical statement. Secondly, that radical constructivism is implicitly rooted in Cartesian ontological dualism. Thirdly, that Whitehead’s process ontology provides a fruitful foundation for Werner’s (...) thesis that perceptions are metaphysically significant. (shrink)

Anistia e as Ambivalências do Cinismo- A ADPF 153 e Micropolíticas da Memória consiste em uma primeira aproximação da pesquisa dos problemas contemporâneos suscitados por um tema cujo aparente anacronismo revela progressivamente sua extemporânea atualidade- o da anistia no Brasil, suas consequências éticas e políticas na transição do Estado brasileiro, e de suas instituições à democracia. Estes estudos foram escritos na atmosfera do debate público suscitado por ocasião do julgamento da ADPF 153 - sob todos os aspectos - sua propositura, (...) pelo Conselho Federal da OAB, consistiu em um gesto simbólico com o potencial de reabrir internamente o debate jurídico, ético e político sobre os temas da anistia e da responsabilização de agentes de Estado, civis e militares, violadores de direitos humanos no Brasil. Decantados nos anos seguintes, os textos que apresentamos ao leitor foram revistos e ampliados à luz de alguns encontros e oportunidades para debater o tema em espaços de pesquisa e de divulgação acadêmica privilegiados. (shrink)

additum et praesidium mille legionarii, tres sociorum chohortes duaeque equitum alae, et quo facilius novum regnum tueretur, pars Armeniae, ut cuique finitima, Pharasmani Polemonique et Aristobulo atque Antiocho parere iussae sunt. Corbulo in Syriam abscessit, morte Ummidii legati vacuam ac sibi permissam.

A theoretical model is presented for pattern formation in an epithelium. The epithelial model consists of a thin, incompressible, viscoelastic membrane on an elastic foundation (substrate), with the component cells assumed to have active contractile properties similar to those of smooth muscle. The analysis includes the effects of large strains and material nonlinearity, and the governing equations were solved using finite differences. Deformation patterns form when the cells activate while lying on the descending limb of their total (active + passive) (...) stress-stretch curve. Various one-dimensional and two-dimensional simulations illustrate the effects of spatial and temporal variations in passive stiffness, as well as the effects of foundation stiffness and stretch activation. The model can be used to examine the mechanical aspects of pattern formation in morphogenetic processes such as angiogenesis and myocardial trabeculation. (shrink)

The discovery of the microworld presented a serious trial for many systems of views held by mankind, including its logic. This world was found to lack the familiar solid bodies, the unchanging particles and interrelations between them, the reflection of which, in one way or another, is the logic of the macroscopic world. What elementary particle physics encountered in the microscopic world seemed illogical: the rest-mass of a particle equals zero; a part that is not smaller than the whole; a (...) particle that in diffraction experiments moved like a wave; and much else that was unusual and strange in the properties of elementary particles. One of these properties was actually so named by physicists — "strangeness.". (shrink)

Following lesions to the primary visual cortex, some patients maintain visual capacities within areas of the visual field in which they are defined as clinically blind by static field perimetry. Blindsight describes the ability to discriminate visual stimuli in the absence of awareness of the stimuli in such patients. Some patients exhibit blindsight, but others are aware of the stimuli with which they are presented, a response mode that has been referred to as residual vision. The two response modes are (...) of great interest as they are capable of providing us with information concerning the conscious and unconscious processing of visual signals in humans. However, determining consciousness in these patients is a difficult task and relies on the patient assessing and then reporting on his awareness. In this paper, an experiment is described which is capable of demonstrating conscious visual processing of motion under conditions where the observer is not required to assess his level of awareness. In applying this technique to a human hemianope, GY, it is demonstrated that GY has veridical and conscious perception of visual motion presented to his blind hemifield. Although previously reported, this result can be derived without any reference to GY's commentary on his blind field perception. (shrink)

I would like to begin with the role of philosophy in solving ecological problems, emphasizing two aspects of its role: the struggle against hostile ideology and the organizing and guiding of activity in the sphere of the development of science and the shaping of its problems. This role of Marxist-Leninist philosophy clearly appears in the complex interdisciplinary problem of the interaction between nature and society.