Th e basi c pu r pos e o f thi s w or k consist s o f eliminatin g som e o f th e m yth s an d paradigms tha t cu r rent ly info r m th e assessmen t o f scienti f i c e vidence . I n orde r t o accomplis h this object i v e , th e autho r sta r t s fro m th e (...) premis e tha t thes e m yth s an d paradigms , produce d with th e d ev elopmen t o f forensi c science , ar e minimizin g th e rol e o f judge s i n judicia l proceedings fo r th e bene f i t o f e xpe r ts . Thi s ca n lea d t o a violatio n o f du e proces s an d n e glectin g that judicia l processe s ar e aime d a t resolvin g conflicts . Th e autho r refer s speci f ical l y t o th e m yth o f in f allibilit y an d th e pa r adig m o f identi f ication , accordin g t o w hic h scienti f i c e vidence ca n posit i v e ly identif y a n ind i vidua l o r objec t throug h p h ysica l traces . B y ana l yzin g the recen t doctrin e o n th e assessmen t o f scienti f i c e vidence , th e autho r conclude s o n th e need t o adop t th e pa r adig m o f likelihood . Thus , th e judg e stil l hold s th e rol e i n th e ev aluation o f e vidence , an d guarantee s tha t th e goal s o f th e proces s wil l b e respected. (shrink)

Cuando la profesora y directora de la revista Problema, Sandra Gómora Juárez, nos propuso a la profesora Marina Gascón Abellán y a mí llevar a cabo una discusión acerca de las teorías y doctrinas del precedente en nuestro contexto, no me pude sentir más contento. Al indudable y reconocido prestigio de la revista Problema se sumó la posibilidad de volver a trabajar con la profesora Marina Gascón y hacerlo por primera vez con Sandra Gómora. Además, (...) surgió la oportunidad de volver a discutir con viejos amigos —como Flavia Carbonell, Fabio Pulido, Silvia Zorzetto— sobre cuestiones relativas al precedente, y poder contrastar opiniones con otros nuevos, como Rodrigo Camarena. En esta ocasión, me corresponde comentar, en particular, los trabajos del profesor Fabio Pulido Ortiz y de la profesora Silvia Zorzetto. Ambos trabajos son de una indudable calidad. El del profesor Pulido Ortiz, de la Universidad de La Sabana de Colombia, es un trabajo de finura y sutileza analítica que entra a discutir, al calor de la teoría del precedente, algunos problemas fundamentales de la teoría del derecho. La profesora Silvia Zorzetto, de la Università Statale di Milano, ha llevado a cabo un reconocimiento analítico y metalingüístico de la práctica de los precedentes en Italia, con especial atención a le Sezioni Unite Civili della Corte di Cassazione italiana, de incalculable valor. Ello no sólo por el valor que pueda tener para el estudio de la cultura jurídica (interna) italiana, sino porque su análisis puede ser, al menos en parte, generalizado para dar cuenta de cómo son usados los precedentes en los ordenamientos de civil law. (shrink)

It filled me with pleasure to be asked by Problema editor-in-chief Sandra Gómora Juárez to lead a discussion on the theories and doctrine on precedent in our context alongside Prof. Marina Gascón Abellán. Besides the undeniable and recognized prestige of the Problema journal, there was also the possibility of working with Prof. Marina Gascón again and with Sandra Gómora for the first time. It was also an opportunity to discuss issues regarding precedent with old friends (...) like Flavia Carbonell, Fabio Pulido and Silvia Zorzetto, and exchange opinions with new ones like Rodrigo Camarena. On this occasion, I would like to comment specifically on the works of Prof. Fabio Pulido Ortiz and Prof. Silvia Zorzetto, both of which are of unquestionable quality. The article by Prof. Pulido Ortiz of the Universidad de la Sabana in Colombia is a work of analytical finesse and subtlety that discusses some fundamental problems of legal theory from the standpoint of the theory of precedent. Prof. Silvia Zorzetto from Università Statale di Milano has conducted an analytical and metalinguistic survey of the use of precedents in Italy, particularly at the Italian Sezioni Unite Civili della Corte di Cassazione. This work is priceless not only in terms of its value as a study of (internal) Italian legal culture, but also because the analysis can be generalized, at least in part, to explain how precedents are used in civil law systems. (shrink)

Introduction to the book symposium on Katherine Puddifoot’s How Stereotypes Deceive Us.

In An Inquiry into the Human Mind and in Essays on Intellectual Powers, Thomas Reid discusses what kinds of things perceivers are related to in perception. Are these things qualities of bodies, the bodies themselves, or both? This question places him in a long tradition of philosophers concerned with understanding how human perception works in connecting us with the external world. It is still an open question in the philosophy of perception whether the human perceptual system is providing us with (...) representations as of bodies, or only as of their properties. My project in this article is to explain how, on Reid's view, we can have perceptual representations as of bodies. This, in turn, enables him to argue that we have a robust understanding of the world around us, an understanding that would be missing if our perceptual system only supplied us with representations as of free-floating properties of bodies. (shrink)

Moral taint occurs when one’s personality has been compromised by the introduction of something that produces disfigurement of the moral psyche. While taint may be traced to vicarious liability for our voluntary associations, the thought that we might be responsible for taint and that taint is something we must confront and make amends for becomes problematic when taint is acquired by circumstantial luck. I argue that the idea of circumstantial taint—for example, the idea that people can be morally compromised by (...) their heritage—is coherent. In such cases, although taint is not due to a deficient level of care or to an unsavory quality of will, shame is the appropriate affect and atonement the appropriate response. The concept of moral taint is helpful in assisting our comprehension of more vexing cases of responsibility and blame where shame and a need for atonement exist. (shrink)

Drawing on conservation of resources theory, this study examines the curvilinear relationship between harmonious and obsessive work passion and organizational citizenship behavior as well as the moderating effect of collectivistic values. Using 233 paired supervisor-employee responses from Russia, I found that harmonious work passion and OCB are positively related up to a point, after which higher levels of harmonious work passion are associated with declining OCB. The main curvilinear effect of obsessive work passion on OCB was not significant. Collectivistic values (...) were found to significantly interact with obsessive work passion but not harmonious work passion in the way they affect OCB. Employees who score high on collectivistic values tend to engage more in OCB than those who score low on collectivistic values. Interestingly, at low levels of collectivism, the inverted U-shaped curve illustrates the relations between obsessive passion and OCB changes into a U-shaped curve, suggesting that the highest engagement in OCB will no longer be observed at intermediate levels of obsessive work passion but rather at its lowest and highest levels. The findings contribute to work passion research and suggest that curvilinear rather than linear relationships may exist between work passion and work outcomes, which may account for the existing inconsistencies in the previous studies in regards to whether work passion-outcomes relationships are either positive or negative. (shrink)

The present investigation concerns Reid’s explanation of how objects (be they real or nonexistent) are conceived. This paper shows that there is a deep-rooted tension in Reid’s understanding of conception: although the type of conception employed in perception is closely related to the one employed in imagination, three fundamental features distinguish perceptual conception (as the former will be referred to throughout this paper) from imaginative conception (as the latter will be called henceforth). These features would have been ascribed by Reid (...) himself to conception as involved in perception, but not to conception as involved in imagination. He should have recognized them as marking the former as a different kind from the latter, and he should not have hastily lumped perceptual and imaginative conceptions together. (shrink)

How is it that, as fiction readers, we are nonplussed by J. K. Rowling's prescription to imagine Ronan, Bane, and Magorian, three different centaurs of the Forbidden Forrest at Hogwarts? It is usually held in the philosophical literature on fictional discourse that singular imaginings of fictional objects are impossible, given the blatant nonexistence of such objects. In this paper, I have a dual purpose: on the one hand, to show that, without being committed to Meinongeanism, we can explain the phenomenon (...) of singular imaginings of different nonexistents of the same kind; while, at the same time, to attribute this position to Thomas Reid, thus correcting some misunderstandings of his view on imagination. (shrink)

The puzzle is this: I argue that for Reid, moral sense needs benevolent affections – i.e. some of our animal, non-cognitive principles of action – to apply the rules of duty. But he also thinks that duty can conflict with benevolent affections. So what happens in these conflict cases? I will argue that Reid takes moral psychology seriously and that he believes that our natural benevolent affections can be used as indicators of duty. Although creative, his account has a major (...) problem, because he does not resolve certain conflicts that arise between what action a duty prescribes and what action a natural affection, associated to that duty, inclines us to do. (shrink)

Thomas Reid offers an explanation of how memory of events is possible. This paper presents, criticize,s and amends his view that memory not only preserves our knowledge of the external world, but also contributes to such knowledge, by being essential for the perception of events. Reid’s views on memory are in line with his generalanti-skeptical commitments, and thus attractive, for several reasons. One reason is that, just like perception, memory is not infallible, but it can constitute or, at least, ground (...) knowledge. Reid argues that memory, like perception, is immediate: it gives direct access to the external world, and not to mental representations of the external world. Another reason is that Reid’s explanation of how memory of events works emphasizes the impor- tance of the divide between memory and perception and consciousness: it is one thing to perceive or be conscious of something; it is another to remember that thing. Despite these advantages, a careful study of Reid’s views on memory will uncover a serious problem of general philosophical interest: it is unclear how exactly we are able to remember events episodically, since it is not settled whether we ever literally perceive events. This problem is engendered by a clash of the following two intuitions: (i) we can perceive only presently existing things, and (ii) we can remember events, which usually span periods of time longer than the present (whether the present is durationless or not). (shrink)

Higginbotham argued that certain linguistic items of English, when used in indirect discourse, necessarily trigger first-personal interpretations. They are: the emphatic reflexive pronoun and the controlled understood subject, represented as PRO. PRO is special, in this respect, due to its imposing obligatory control effects between the main clause and its subordinates ). Folescu & Higginbotham, in addition, argued that in Romanian, a language whose grammar doesn’t assign a prominent role to PRO, de se triggers are correlated with the subjunctive mood (...) of certain verbs. That paper, however, didn’t account for the grammatical diversity of the reports that display immunity to error through misidentification in Romanian: some of these reports are expressed by using de se triggers; others are not. Their IEM, moreover, is not systematically lexically controlled by the verbs, via their theta-roles; it is, rather, determined by the meaning of the verbs in question. Given the data from Romanian, I will argue, the phenomenon of IEM cannot be fully explained starting either from the syntactical or the lexical structure of a language. (shrink)

Thomas Reid believed that the human mind is well equipped, from infancy, to acquire knowledge of the external world, with all its objects, persons and events. There are three main faculties that are involved in the acquisition of knowledge: (original) perception, memory, and imagination. It is thought that we cannot understand how exactly perception works, unless we have a good grasp on Reid’s notion of perceptual conception (i.e., of the conception employed in perception). The present paper argues that the same (...) is true of memory, and it offers an answer to the question: what type of conception does it employ? (shrink)

This is an encyclopedia entry that can be accessed following this link: http://www.iep.utm.edu/reidmind/ -/- In philosophy of mind, Reid is most celebrated today for the arguments he gave in support of the position known as direct realism, which, at its most basic, states that the primary objects of sense perception are physical objects, not ideas in human minds. However, Reid’s philosophy of mind neither begins nor ends with perception. In addition to arguing for direct realism and, consequently, against “the way (...) of ideas,” he undertook the task of establishing the equal status of the faculties of the mind, and of explaining the relationships that exist among them. He is a worthy successor of Locke, in that he believes that the mind is to be characterized in terms of a faculty psychology. He is a worthy successor of Newton, in that he believes that the scientific method is the right way of investigating the nature of mind. Reid characterized the scientific method mainly by trial and error, and by setting up experiments and drawing general conclusions from them. (shrink)

The starting point of this paper is Thomas Reid's anti-skepticism: our knowledge of the external world is justified. The justificatory process, in his view, starts with and relies upon one of the main faculties of the human mind: perception. Reid's theory of perception has been thoroughly studied, but there are some missing links in the explanatory chain offered by the secondary literature. In particular, I will argue that we do not have a complete picture of the mechanism of perception of (...) bodies. The present paper, relying, in part, on a particular theory in psychology – the feature integration theory of attention – will make a contribution in this regard. (shrink)

What does it take for a subject to experience a personal memory as being her own? According to Fernández’ (2019) model of endorsement, this particular phenomenal quality of our memories, their “sense of mineness”, can be explained in terms of the experience of the mnemonic content as veridical. In this article, I criticize this model for two reasons: (a) the evidence that is used by Fernández to ground his theoretical proposal is dubious; and more importantly, (b) the endorsement model does (...) not accommodate many non-pathological everyday memories that preserve their sense of mineness, but whose veridicality is explicitly denied, suspected, not automatically endorsed, or neither denied nor endorsed. Finally, I sketch two alternative explanations: one also problematic, the other one more promising, and present some normative advantages of the latter. This also displays the undesirability of the endorsement model from a normative perspective. (shrink)

Over the past decade, artificial intelligence (AI) has become omnipresent in migration control and mobility surveillance, with AI systems now deployed across all aspects of migration management. Critics of such trends typically examine questions of ethics and rights from the vantage point of regulatory mechanisms and the limited venues for the redress of grievances. But if legal frameworks are as of yet forthcoming and do not necessarily apply to migrants, are there alternative mechanisms to critique algorithmic decision making? To explore (...) this and related questions, this paper engages one such alternative by taking a ‘visual turn.’ In asking ‘what can AI see’ the paper interrogates the role of images in constructing AI's capacity to both understand migration and make appropriate decisions about migrants. In addition, a visual turn allows for exploration of an emergent age of post-visualization: a phenomenon whereby the values and meanings of what we see will be increasingly imparted to us by AI systems. The paper examines what AI sees with the help of an experiment, prompting an AI generative platform to draw distinctions between migrants, refugees, and people. (shrink)

Este trabajo tiene como objetivo ofrecer una visión general sobre la música como objeto de reflexión filosófica en el marco del surgimiento de la teoría crítica. Para ello, se presenta un panorama conciso sobre la consideración de la música en los debates públicos y políticos de principios del siglo XX, con especial atención a las revistas y discusiones de la época. Posteriormente, se analizan los aspectos más relevantes de la relación entre filosofía y música en las obras de tres pensadores (...) que, en torno al mismo período, comenzaron a desarrollar un proyecto filosófico en torno a la música: Theodor W. Adorno, Ernst Bloch y Günther Anders (cuya obra musical, publicada recientemente, aún no ha tenido suficiente atención académica). En particular, se explora la tensión entre el lenguaje y la música, enfocándose en los problemas de la expresión y la construcción, así como en la caracterización de la experiencia musical. Finalmente, se examina críticamente el carácter utópico de la música. (shrink)

Individuals with Down syndrome (DS) are widely believed to possess considerable socialization strengths. However, the findings on social cognition capabilities are controversial. In the present study, we investigated whether individuals with DS exhibit shortage in face tuning, one of the indispensable components of social cognition. For this purpose, we implemented a recently developed Face-n-Food paradigm with food-plate images composed of food ingredients such as fruits and vegetables. The key benefit of such ‘face like non-face’ images is that single elements do (...) not facilitate face processing. In a spontaneous recognition task, 25 children with DS aged 9 to 18 years were presented with a set of Face-n-Food images bordering on the Giuseppe Arcimboldo style. The set of images was administered in a predetermined order from the least to most resembling a face. In DS individuals, thresholds for recognition of the Face-n-Food images as a face were drastically higher as compared not only with typically developing controls, but also with individuals with autistic spectrum disorders and Williams-Beuren syndrome. This outcome represents a significant step towards better conceptualization of visual social world in DS and neurodevelopmental disorders in general. (shrink)

The first term in the title of this study might give some surprise. As I hope to prove, however, hieroglyphic writing happens to be the only key enabling us to gain entry to the Egyptian universe. Not only art and mythology, but also the laws, institutions and even daily life itself were “thought hieroglyphically” on the banks of the Nile.

Uvodnik urednic sklopa Noit Banai in Marine Gržinić.

One of the most traditional ways to teach philosophy in secondary school is a historical approach”, which takes a historicist view of philosophy and uses teaching practice based on teacher-centred lessons and textbook study by students. Only recently a debate on different approaches to teach philosophy is developing, considering the discipline as practical and dialogical activity to be fostered in the classroom. What could mean “doing philosophy” in the classroom from an instructional perspective? What are the premises and constraints which (...) allow the transformation of philosophy from a discipline to a community activity? In this paper a teaching model based on cultural-historical theory is proposed and discussed. The model is composed by three level of specification of the activity, from lower to higher, which correspond to three different analysis plans of the philosophical practice in an instructional context. Each level is composed by seven fundamental dimensions which highlight the meanings, the constraints, and the tools implied and developed in philosophizing as socio-cultural activity. Finally, if and how Philosophy for Children should be considered an activity respondent to the model and its educational aims is discussed. (shrink)

The problem of the observer and point of view is examined within the broad semiological and cognitive perspective. Structuralist narratology made an attempt of a formal-linguistic classification of points of view to avoid anthropomorphic-visual connotations inherent in narratological terminology. The alternative opportunity would be the usage of terms-metaphors as theoretical models. From the point of view of the observer, the process of text generation evolves in the double space of perception/conception and interpretation. Instead of comparing different media in terms of (...) the privileged metalanguage, it would be more fruitful to base the comparison upon their immanent cognitive characteristics. (shrink)

The main thesis of this text is that for a critical evaluation of the institutions built on the foundations of colonialism that preserve the worlds of neoliberal global capitalism, financial capitalism, and necro-capitalism, we need to rethink the two main divisions mediated by decolonial theory and decolonisation as analytical tools: the racial/colonial divide and the imperial/colonial divide. This text attempts to analyse the relation between capitalism and colonialism in order to determine the implications for the theoretical and philosophical thought of (...) two historical forms of capitalism, which are not historical at all because they are fully functional in the present: racial capitalism and settler capitalism, or racial-settler capitalism, as it is called in its joint formation. In order to get to this point, we must first see the place of colonialism in capitalism and how theory is reflected in its relationship to the past and present. Last but not least, the question this article is occupied with is: “What kind of world is this where a trans person, a woman, or a man is treated like garbage?”. (shrink)

How are we to understand religion? It is undeniable that religion, and religious motivations, have played a very large role in shaping world events. As such, the question of how to understand religion has become increasingly urgent. At one extreme are those who adopt a comprehensive scientific naturalism. They approach religious beliefs and practices in such a way as to reduce them to nonreligious social or psychological factors; for them religion is part of an ideology or an infantile wish projection (...) that must be outgrown. At the other extreme are many of the religious believers themselves, who take their own religion as absolute truth and take themselves to be in a privileged epistemic position to apprehend it. Both extremes are dangerous: the first because it fails to take both religion and the religious drive seriously, and so ignores an integral facet of human life; the second because it is exemplary of the dangers of religion itself, which can take absolutist and Manichean forms. When religion does take such a form, it degenerates into idolatry, for it mistakes what must always remain a finite and conditioned apprehension of the transcendent for the transcendent ground itself. Often coupled with such a mistake comes a failure to recognize the validity of other perspectives, as well as a violent exclusion of everything that is other or unfamiliar. (shrink)

This paper examines how Kant's Copernican shift in philosophy had a decisive influence on philosophical religious thought; reflection on the nature of subjectivity shaped how the question of God was approached and understood. I examine three interrelated issues at the forefront of nineteenth and twentieth-century thought on subjectivity and the problem of God. These are a) the ontological nature of subjectivity and what it reveals about the conditions of possibility of a subject's relation to the Absolute; b) interiority and subjectivity (...) with respect to the subject's relation to God, and c) the theme of the "unhappy consciousness" and how its development led to important attacks on theism. I look at these issues as they were worked out by F. Schleiermacher, G.W.F Hegel, S. Kierkegaard, Nietzsche, P. Tillich, and K. Rahner. (shrink)

The work of German theologian Friedrich Schleiermacher has played a key role in the development of Protestant thought. Jacqueline Maria highlights the relation of Schleiermacher's ideas on the moral transformation of the self to other thinkers and current debates in the philosophy of religion.

The following essay aims to analyze the problem of repetition in the reflection of Walter Benjamin. Showing first of all how this concept, singularly neglected by critics, is the unexpected centre towards which the philosopher’s entire reflection converges, thus offering a new reading of his entire production. All the vast domains of Benjamin’s speculation are thoroughly rethought starting from this idea, revealing how what is at stake is a more articulated movement of the eternal recurrence of the same, which characterizes (...) mythical temporality. A movement that has to do with the constitution of the human and which indeed exhibits an intimate link between repetition and innovation, repetition and the constructive principle. Another intention of this text is therefore to carry out an in depth analysis of this connection, to question the nature of such a gesture, both repetitive and differential, and its relationship with the recurrence of the ever self-same, therefore with the possible way out of the myth. (shrink)

The primary end of an account of personal identity is to discover what phenomena explain a person’s status as a unified agent and contribute to the person’s self-understanding. This paper explores the consequences upon a person’s ability to understand her motives for action, as unified agency requires, when the person is removed from the source of her identity and from the practices that support the self-regarding attitudes to which this identity gives rise.

English iambic pentameter allows rhythmical deviations that occupy three adjacent metrical positions. These deviations, though metrical, are noticed by the listener or reader. Starting from the first quarter of the 16th century, poets have used rhythmical deviations to emphasize semantically important segments in the line. Such rhythmical deviations have become part of the English poetic traditions. It has turned out that rhythmical deviations used to italicize meaning are filled with recurring rhythmical and grammatical structures and repeated lexicon. M. L. Gasparov (...) used a special term to denote the recurring rhythmicalgrammatical structures: "clichés"; while calling clichés incorporating recurrent lexicon "formulas". I have discovered that formulas are part of the English poetic tradition: the same formulas recur in poetic texts of the 16th–20th cc. They are not plagiarisms, allusions or reminiscences; they are a common basket of goods that belong to all English poets, used by all and owned by none. The recurrent deviations usually occur on metrical positions "weak-strong-weak-strong" and as a rule contain a monosyllabic verbpredicate followed by a monosyllabic grammatical word, an adjectiveattribute and a noun – a direct object to the verb. The recurring lexicon includes verbs of motion, particularly verbs of fast, aggressive motion, an action directed downwards or causing an injury or death, and recurring nouns referring to moving objects or agents. I term such recurring formulas "rhythmical italics". (shrink)