The COVID-19 pandemic’s disproportionate harm to racialized communities and increased public attention to the deaths of Black people at the hands of police (Elijah McClain, Breonna Taylor, George F...

In the wake of Brexit and Trump, the debate surrounding post-truth fills the newspapers and is at the center of the public debate. Democratic institutions and the rule of law have always been constructed and legitimized by discourses of truth. And so the issue of "post-truth" or "fake truth" can be regarded as a contemporary degeneration of that legitimacy. But what, precisely, is post-truth from a theoretical point of view? Can it actually change perceptions of law, of institutions and political (...) power? And can it affect our understanding of society and social relations? What are its ideological premises? What are the technical conditions that foster it? And most importantly, does it have anything to teach lovers of the truth? Pursuing an interdisciplinary perspective, this book gathers both well-known and newer scholars from a range of subject areas, to engage in a philosophical interrogation of the relationship between truth and law. (shrink)

This paper focuses on Confucian formulations of personhood and the implications they may have for bioethics and medical practice. We discuss how an appreciation of the Confucian concept of personhood can provide insights into the practice of informed consent and, in particular, the role of family members and physicians in medical decision-making in societies influenced by Confucian culture. We suggest that Western notions of informed consent appear ethically misguided when viewed from a Confucian perspective.

Existing whistle-blowing models rely on “cold” economic calculations and cost-benefit analyses to explain the judgments and actions of potential whistle-blowers. I argue that “hot” cognitions – value conflict and emotions – should be added to these models. I propose a model of the whistle-blowing decision process that highlights the reciprocal influence of “hot” and “cold” cognitions and advocate research that explores how value conflict and emotions inform reporting decisions. I draw on the cognitive appraisal approach to emotions and on the (...) social-functional value pluralism model to generate propositions. (shrink)

In this paper we argue that hermeneutics acquires additional relevance in the era of technology. In particular legal hermeneutics offers examples of how the use of specific instruments aimed at constituting legal objects (like the digital instruments used by notaries) demonstrate that legal professions will never be entirely delegated to machines. The capacity to use the instruments and the very functioning of those instruments can never be detached from comprehension, and from legal savoir.

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 89-107.

In questo articolo discuto la relazione tra diritto e giudizio nella prospettiva del rapporto tra l’inclusività della norma astratta e l’infinita possibilità e pluralità dei casi individuali concreti. Intendo concentrarmi sulla relazione tra diritto e giudizio nel momento in cui questa fuoriesce dalla sua sede intuitivamente naturale in ambito giuridico, cioè del giudizio in quanto luogo e tempo dell’atto del giudicare e del giudicato - per estendere l’analisi al rapporto tra realtà e normatività. In particolare lo scritto è organizzato in (...) tre sezioni: i. nella prima cerco di riprendere alcune moderne tendenze filosofiche intorno al giudizio per dare rilievo al tema nella sua complessità e necessità; ii. nella seconda, ricostruendo l’idea di dissidio elaborata da Lyotard, ne metto in rilievo il rapporto con la normatività giuridica; iii. nella terza parte collego il tema del giudizio con quello del dissidio e cerco di fondare una teoria della normatività giuridica basata non solo sulla norma positiva, ma anche e soprattutto sulla conflittualità intrinseca alle società contemporanee. Una conflittualità che emerge, si mostra e si risolve nel caso esemplare. (shrink)

At line 1025 of Sophocles' Oedipus Tyrannus, σὺ δ᾽ ἐμπολήσας ἢ τεκών μ᾽ αὐτῷ δίδως;, our hero seems victim of some serious ‘obtuseness of understanding’, because the Corinthian to whom Oedipus is speaking has already clearly denied being the father of the foundling. Is Oedipus in such a state of mental confusion? Perhaps his supposed ‘obtuseness of understanding’ depends on his permanent hallucination? Maybe the same hallucination that keeps him from understanding the explicit prophecies of Teiresias or drawing obvious conclusions (...) from the revelation of Jocasta. If so, the text requires no correction, and Sophocles' strategy is to show, through this and similar clues, the basic weakness of the protagonist, who proves to be nothing but a puppet in the hands of the gods. (shrink)

Volume 10, Issue 3, September 2019, Page 452-456.

This article uses music and the discourse about music to understand the practice of tolerance in Prague during the period immediately preceding the outbreak of the Thirty Years’ War. Drawing on Las ensaladas, a collection of vernacular polyphony compiled by the Spanish composer Mateo Flecha the Younger, and Harmoniae morales, comprising musical settings of Latin texts by the Slovenian composer Jacobus Handl, the article argues that such music offered Prague's diverse citizens a medium for reflecting on how to live morally (...) and peaceably. Ultimately, this article challenges the commonplace that musical harmony offered an effective model for social harmony, arguing that the practice of singing together exposed the limits of tolerance even as it illuminated how difference might be accommodated. (shrink)

Berichte zur Wissenschaftsgeschichte, Volume 45, Issue 1-2, Page 164-188, June 2022.

Presenting legal and philosophical essays on money, this book explores the conditions according to which an object like a piece of paper, or an electronic signal, has come to be seen as having a value. Money plays a crucial role in the regulation of social relationships and their normative determination. It is thus integral to the very nature of the "social," and the question of how society is kept together by a network of agreements, conventions, exchanges, and codes. All of (...) which must be traced down. The technologies of money discussed here by Searle, Ferraris, and Condello show how we conceive the category of the social at the intersection of individual and collective intentionality, documentality, and materiality. All of these dimensions, as the introduction to this volume demonstrates, are of vital importance for legal theory and for a whole set of legal concepts that are crucial in reflections on the relationship between law, philosophy, and society. (shrink)

Once common, therapeutic privilege—the practice whereby a physician withholds diagnostic or prognostic information from a patient intending to protect the patient—is now generally seen as unethical. However, instances of therapeutic privilege are common in some areas of clinical psychiatry. We describe therapeutic privilege in the context of borderline personality disorder, discuss the implications of diagnostic non-disclosure on integrated care and offer recommendations to promote diagnostic disclosure for this patient population. There are no data in this work.

: The main contribution of this paper to current philosophical and sociological studies on modeling is to analyze modeling as an object-oriented interdisciplinary activity and thus to bring new insights into the wide, heterogeneous discourse on tools, forms and organization of interdisciplinary research. A detailed analysis of interdisciplinarity in the making of models is presented, focusing on long-standing interdisciplinary collaboration between specialists in infectious diseases, mathematicians and computer scientists. The analysis introduces a novel way of studying the elements of the (...) models as carriers of interdisciplinarity. These elements, being functionally interdependent building blocks, evolve during the modeling work and carry the disciplinary tensions in the process. This shows how the long and challenging process of defining and reformulating the object of research is crucial for understanding the dynamics of interdisciplinarity in the making. (shrink)

The paper investigates various definitions of the concept of opinion as opposed to factual or evidence-based statements and proposes a taxonomy of opinions expressed in English as identified in selected social media. A discussion situates opinions in the realm of pragmatics and reaches to philosophy of language and cognitive science. The research methodology combines a thorough linguistic analysis of opinions, proposing their multifaceted taxonomy with the automatically generated lexical embeddings of positive and negative lexicon acquired from the analysed opinionated texts. (...) As proposed, the definition of the concept of opinion is best apprehended when looked upon in terms of an opinion event, with a number of necessary conditions on the one hand, and those that are characteristic of an explicit opinion prototype on the other. Lists of opinion discourse markers show their preferential uses either in positive or negative opinionated texts; however, no sets of necessary and/or sufficient opinion markers properties have been acquired from the analysed texts. The conclusions indicate a polysemous understanding of naturally occurring social media opinionated texts and a definitional flexibility of the boundaries around lexical positive and negative types of opinion markers. (shrink)

The focus of this article is university teachers’ and students’ views of plagiarism, plagiarism detection, and the use of plagiarism detection software as learning support. The data were collected from teachers and students who participated in a pilot project to test plagiarism detection software at a major university in Finland. The data were analysed through factor analysis, T-tests and inductive content analysis. Three distinct reasons for plagiarism were identified: intentional, unintentional and contextual. The teachers did not utilise plagiarism detection to (...) support student learning to any great extent. We discuss the pedagogical implications and suggest that the contextual reasons for plagiarism require focus primarily on study strategies, whereas the intentional reasons require profound discussion about attitudes and conceptions of good learning and university-level study habits. (shrink)

This study focuses on the intersection of research ethics and academic writing, i.e. the use of sources, assignment of credit to the contributors in the research, and the dissemination of research findings. The study utilized a set of semi-structured and open-ended questions. The sample consisted of 269 undergraduate (BA) and graduate (MA) students at a U.S. university department of psychology including major and non-major students. The data showed that although an overwhelming number of the students’ examples related to ethical issues (...) in citation dealt with plagiarism, a broad range of examples of other types of issues were also provided. Understandably, students tended to view the questions about both the assignment of credit to those involved in conducting the research and the dissemination of research findings from the research participant’s perspective, which is more familiar to them than the researcher perspective. In order to help the students to expand their notions beyond the immediate own experience to a broader understanding for the ethical principles that ought to guide a researcher in his or her work, it is desirable that students be provided with opportunities to participate in authentic research projects. With a deeper understanding of the students’ conceptions of ethics in research and academic writing, we can become more attuned to the common limitations and misconceptions that students harbor, and thus better equipped to support students in their learning process. (shrink)

ABSTRACT Although “naturalistic fallacy” is a term coined in the twentieth century, scholars have long voiced myriad anxieties over the mechanisms by which their contemporaries have derived moral, social, and political lessons from natural phenomena—often as gambits for advancing their own alternative explanations. The essays in this Focus section explore five episodes in the history of such concerns with naturalistic reasoning in order to shed new light on the persistence of naturalism itself.

This handbook offers a new reading of the humanist-scholastic debate over biblical humanism, lending a voice to scholastic critics who have been unfairly neglected in the historical narrative. The investigations cover controversies beginning in quattrocento Italy and spreading north of the Alps in the 16th century.

The fourth volume of the Amsterdam edition of the apologias contains the critical edition of the Latin text of the apologia against the English scholar Edward Lee.

Current advances in assisted reproductive technologies aim to promote the health and well-being of future children. They offer the possibility to select embryos with the greatest potential of being born healthy (eg, preimplantation genetic testing) and may someday correct faulty genes responsible for heritable diseases in the embryo (eg, human germline genome modification (HGGM)). Most laws and policy statements surrounding HGGM refer to the notion of ‘serious’ as a core criterion in determining what genetic diseases should be targeted by these (...) technologies. Yet, this notion remains vague and poorly defined, rendering its application challenging and decision making subjective and arbitrary. By way of background, we begin by briefly presenting two conceptual approaches to ‘health’ and ‘disease’: objectivism (ie, based on biological facts) and constructivism (ie, based on human values). The basic challenge under both is sorting out whether and to what extent social and environmental factors have a role in helping to define what qualifies as a ‘serious’ disease beyond the medical criteria. We then focus on how a human rights framework (eg, right to science and right to the highest attainable health) could integrate the concepts of objectivism and constructivism so as to provide guidance for a more actionable consideration of ‘serious’. Ultimately, it could be argued that a human rights framework, by way of its legally binding nature and its globally accepted norms and values, provides a more universal foundation for discussions of the ethical, legal and social implications of emerging or disruptive technologies. (shrink)

Previous research has established that the success of strikes, and social movements more broadly, depends on their ability to garner support from the public. However, there is scant published research investigating the response of the public to strike action by healthcare workers. In this study, we address this gap through a study of public responses to UK nursing strikes in 2022–2023, using a data set drawn from Twitter of more than 2300 publicly available tweets. We focus on negative tweets, investigating (...) which societal discourses social media users draw on to oppose strike action by nurses. Using a combination of corpus‐based approaches and discourse analysis, we identified five categories of opposition: (i) discourse discrediting nurses; (ii) discourse discrediting strikes by nurses; (iii) discourse on the National Health System; (iv) discourse about the fairness of strikers' demands and (v) discourse about potential harmful impact. Our findings show how social media users operationalise wider societal discourses about the nursing profession (e.g., associations with care, gender, vocation and sacrifice) as well as recent crises such as the Covid‐19 pandemic to justify their opposition. The results also provide valuable insights into misconceptions about nursing, strike action and patient harm, which can inform strategies for public communication. (shrink)

Our aim was to identify the ethical issues faced by students in the behavioral and natural sciences during their doctoral programmes. The participants were 28 PhD students who were interviewed about their doctoral study and supervision experiences. We identified a total of 102 ethical issues compromising the principles of nonmaleficence, beneficence, autonomy, justice, or fidelity. There were some differences in emphases, with the students in the behavioral sciences displaying a broader range of ethical compromises than the students in the natural (...) sciences. Ethical problems emerged in the individual supervisor–student relationships, but often problems involving the scholarly community appeared in the background. (shrink)

In this article I discuss the nature and sense of legal reasoning as reasonableness, i.e. as judgement and equilibrium between normativity and factuality, and as constant approximation between these two dimensions. By phrasing the intertwinement between legal hermeneutics and the nature and function of writing, the structure of the article is constructed so that the focus is on the changes currently occurring with the so-called ‘digital revolution’: in imagining a juridical system administrated through data analysis and algorithms, some contradictions emerge, (...) especially concerning the nature, sense and task of legal hermeneutics. The current shift of paradigm should be first of all addressed starting from the grammatological nature of the revolution at stake. Only from this perspective can the shift be entirely grasped and, at the same time, only from this perspective can the methodological conundrum be deconstructed. (shrink)

By conceptualizing place-making as a dynamic process, this essay explores the history of two field sites that house long-term research projects in animal behavior: the Amboseli Baboon Project, cofounded by Jeanne Altmann in 1971, and Kay Holekamp’s Mara Hyena Project, which began in 1988. It highlights scientific place-making as crucial to the production of knowledge within behavioral ecology and invests our historical understanding of field sites with an appreciation for the intellectual processes that have transformed land into places for the (...) generation of scientific data. (shrink)