El presente trabajo presenta la idea de un gobierno mundial propuesta por Dante Alighieri. Sus argumentos defienden, en primer lugar, la conveniencia de este tipo de gobierno para asegurar la paz entre todos los hombres y garantizar a la vez el ejercicio pleno de la libertad de los individuos. En segundo lugar, defienden la legitimidad del Imperio Romano, como la fiel realización de dicho tipo de gobierno, en razón de que el Imperio Romano fue sancionado por la voluntad divina. Finalmente, (...) defienden la dependencia directa de Dios de dicho tipo de gobierno y, por tanto, la autonomía respecto del poder del Romano Pontífice. Señala, sin embargo, la subordinación de aquél respecto de este último, atendiendo la finalidad de la existencia humana. En el presente trabajo, además, se hacen algunas observaciones que surgen de la comparación del gobierno mundial de Dante con las ideas políticas de Hegel. Se señalan finalmente algunas diferencias radicales con las ideas políticas contractualistas modernas. (shrink)

We begin by introducing our readers to the Extended Mind Thesis and briefly discuss a series of arguments in its favour. We continue by showing of such a theory can be resisted and go on to demonstrate that a more conservative account of cognition can be developed. We acknowledge a stalemate between these two different accounts of cognition and notice a couple of issues that we argue have prevented further progress in the field. To overcome the stalemate, we propose to (...) focus on the ethical implications of these theories. We link work conducted on the Extended Mind Thesis with contemporary transhumanist research and claim that extended may be ethically preferred over embedded because it is a more progressive and inclusive theory. (shrink)

I saggi di questo testo gravitano attorno a due fuochi: una diagnosi della soggettività contemporanea e il tentativo di sviluppare una critica all'altezza della sua vocazione emancipativa. Ciò che viene descritto è un processo di tendenziale emersione in superficie della relazione tra soggettività e politica; nessuna utopia col torcicollo, nessun nostalgismo, nessuna lamentela sulla superficialità della politica o paternale sulla superficialità dei soggetti. La scommessa, piuttosto, è quella di prendere le apparenze sul serio e quindi rinunciare a ogni forma di (...) ventriloquismo teorico, restituendo ai soggetti la parola senza per questo rinunciare alle ambizioni emancipative di una teoria sociale capace di fotografare, tracciare, scandagliare le trasformazioni della soggettività contemporanea e contemporaneamente le sue potenzialità e le sue contraddizioni. (shrink)

I feel the urge to express my solidarity with Alberto Giubilini and Francesca Minerva, the authors of the much‐discussed article “After‐Birth Abortion: Why Should the Baby Live?” that appeared in the Journal of Medical Ethics in February. Both their argument and, more sadly, they themselves suffered a violent attack by people who obviously do not consider freedom of expression an important value. Censorship does not fit well with the mission of scholarship—particularly when the scholarship depends on a method of speculation (...) and hypothetical argument, as in the case of philosophy and bioethics—and the level of hatred and extremism expressed about the article seem out of proportion. Having said this, though, I want to consider why publishing the article was nonetheless inappropriate. (shrink)

This chapter discusses problems as they arise in Minima Moralia, respectively addressing the question of truth and knowledge as a function of the accessibility of language and the question of transparency in relation to the formulation of these problems. One of the most important meditations on reading and transparency in Minima Moralia is found in the section “Memento” [“Hinter den Spiegel”]. This thought-image takes us to the far side of mimetic perception and reflection, behind the mirror, offering what might be (...) a new way of thinking transparency. Once arrived, however, we do not stay there, as indicated by the accusative article den; we are to remain in motion, following the movement of language as it passes through and bears the traces of a complex web of social relations and aesthetic conventions. Here Theodor W. Adorno reflects on illuminating writing not in terms of its clarity, but rather its porous, material nature. (shrink)

Several language experiments have been carried out on apes and other animals aiming to narrow down the presumed qualitative gap that separates humans from other animals. These experiments, however, have been driven by the understanding of language as a purely symbolic sign system, often connected to a profound disinterest for language use in real situations and a propensity to perceive grammatical and syntactic information as the only fundamental aspects of human language. For these reasons, the language taught to apes tends (...) to discard iconic and indexical elements in favour of symbolic signs. This paper sheds light on the iconic components of human language, with close attention to the iconic properties of language as present in the ape language experiments. We emphasise the role of the body in the interpretation and production of iconic signs, while demonstrating the need to take into account the Umwelt theory in the research paradigm of the experiments. Uexküll’s Umwelt theory is used to exemplify the methodological problems connected to the teaching of human language to other animal species; furthermore, we discuss how the modelling capacities of language affect the biological layer that constitutes the animal Umwelt. Language is analysed as a particular case of Umwelt transition, and as such its implications are further discussed in the article. With this paper, we enrich the discussion surrounding the human-ape pidgin language by advocating for the need to include iconic components as vital parts of this research area. With this inclusion, we uncover the inter-dependency of iconic, indexical and symbolic signs in human language, aiming to further develop the research paradigm of the ape language experiments. (shrink)

The discourse on the fundamental issues raised by synthetic biology, such as biosafety and biosecurity, intellectual property, environmental consequences and ethical and societal implications, is still open and controversial. This, coupled with the potential and risks the field holds, makes it one of the hottest topics in technology assessment today. How a new technology is perceived by the public influences the manner in which its products and applications will be received. Therefore, it is important to learn how people perceive synthetic (...) biology. This work gathers, integrates and discusses the results of three studies of public perceptions of synthetic biology: an analysis of existing research on how media portray synthetic biology across 13 European countries and in the USA, the Meeting of Young Minds, a public debate between prospective politicians and synthetic biologists in the Netherlands and the experiences of citizen panels and focus groups in Austria, the UK and the USA. The results show that the media are generally positive in their reports on synthetic biology, rather unbalanced in their view of potential benefits and risks, and also heavily influenced by the sources of the stories, namely scientists and stakeholders. Among the prospective Dutch politicians, there were positive expectations as well as very negative ones. Some of these positions are also shared by participants in public dialogue experiments, such as not only the demand for information, transparency and regulation but also a sense of resignation and ineluctability of scientific and technological progress. (shrink)

As we write this research paper, we notice an explosion in popularity of machine learning in numerous fields (ranging from governance, education, and management to criminal justice, fraud detection, and internet of things). In this contribution, rather than focusing on any of those fields, which have been well-reviewed already, we decided to concentrate on a series of more recent applications of deep learning models and technologies that have only recently gained significant track in the relevant literature. These applications are concerned (...) with artistic production (Sect. 2.1), the writing process (Sect. 2.2), music production (Sect. 2.3), text recognition and attribution (Sect. 2.4). After reviewing and analyzing the positive contributions as well as some of the major limitations of these technologies in each of those fields, we critically reflect (Sect. 3) on how their widespread implementation may affect humans and their creativity. In Sect. 4, we notice that deep learning models are here to stay; so, rather than embracing a negative or pessimistic stance with respect to their future applications in creative domains, we suggest a balanced approach for their assessment and beneficial usage. Finally (Sect. 5), we conclude by summarising what we have achieved and by pointing out possible future research directions. (shrink)

Antibiotic resistance (AR) is a major threat to public health and healthcare worldwide. In this article, we analyse and discuss the claim that taking actions to minimize AR is everyone's responsibility, focusing on individual moral responsibility. This should not be merely interpreted as a function of knowledge of AR and the proper use of antibiotics. Instead, we suggest a circumstantial account of individual responsibility for AR, where individuals do or do not engage in judicious antibiotic behaviour with different degrees of (...) voluntariness. Furthermore, we suggest a notion of responsibility as a virtue, in which individuals have the opportunity to develop a sensitivity towards the AR theme and, consequently, are capable of engaging, actively and voluntarily, in judicious antibiotic behaviour. The development of such sensitivity depends on the creation of adequate circumstances, that is individual capacities and availability of resources. (shrink)

Advances in artificial intelligence and robotics stand to change many aspects of our lives, including our values. If trends continue as expected, many industries will undergo automation in the near future, calling into question whether we can still value the sense of identity and security our occupations once provided us with. Likewise, the advent of social robots driven by AI, appears to be shifting the meaning of numerous, long-standing values associated with interpersonal relationships, like friendship. Furthermore, powerful actors’ and institutions’ (...) increasing reliance on AI to make decisions that may affect how people live their lives may have a significant impact on privacy while also raising issues about algorithmic transparency and human control. In this paper, building and expanding on previous works, we will look at how the deployment of Artificial Intelligence technology may lead to changes in identity, security, and other crucial values (such as friendship, fairness, and privacy). We will discuss what challenges we may face in the process, while critically reflecting on whether such changes may be desirable. Finally, drawing on a series of considerations underlying virtue ethics, we will formulate a set of preliminary suggestions, which—we hope—can be used to more carefully guide the future roll out of AI technologies for human flourishing; that is, for social and moral good. (shrink)

While research to improve memory or counter decay caused by neurodegenerative diseases has a fairly long history, scientific attempts to erase memories are very recent. The use of non-invasive brain stimulation for memory modulation represents a new and promising application for the treatment of certain disorders [such as Post-Traumatic Stress Disorder ]. However, numerous ethical issues are related to memory intervention. In particular, the possibility of using forms of non-invasive brain stimulation requires to distinguish treatment interventions from the enhancement of (...) the healthy. Furthermore, a range of important societal and legal concerns arise when manipulating memories. In this short contribution, we address some of the most significant ethical, social, and legal implications surrounding the application of memory-modulation techniques and offer a series of reflections and considerations, which we hope can be of use to guide -and perhaps regulate- their potential, future implementation in society. (shrink)

In Section 1, I introduce three views that explain human cognitive development from different standpoints: Marcus’s neo-nativism, standard neuroconstructivism, and neo-neuroconstructivism. In Section 2, I assess Marcus’s attempt to reconcile nativism with developmental flexibility. In Section 3, I argue that in structurally reconfiguring nativism, Marcus ends up transforming it into an unrecognizable form, and I claim that his view could be accommodated within the more general framework provided by standard neuroconstructivism. In Section 4, I focus on recent empirical findings in (...) neuropsychology and cultural/social neuroscience, and propose a friendly revision to standard neuroconstructivism, thus developing the neo-neuroconstructivist view. I conclude the article in Section 5 by analysing the implications of the results discussed in Section 4 for both neo-nativism and standard neuroconstructivism. 1 Introduction2 Marcus’s Neo-nativism3 Is Marcus’s Neo-nativism Really a Form of Nativism?4 Neo-neuroconstructivism and Dynamic Enskillment5 Conclusion. (shrink)

Summary This short article goes back to the problem of the authenticity of the document found at Dem. 24.20–23, with wide implications for the reconstruction of Athenian nomothesia. Without providing a comprehensive response to M. H. Hansen’s recent KLIO article on the topic (M. H. Hansen, The Inserted Document at Dem. 24.20–23. Response to Mirko Canevaro, KLIO 101, 2019, 452–472; itself a response to a previous KLIO article by M. Canevaro), it clarifies some key issues and clears up some (...) important misunderstandings, also providing new evidence against the authenticity of the document. (shrink)

Many governments have seen digital health technologies as promising tools to tackle the current COVID-19 pandemic. A much-talked example in this context involves the recent deluge of digital contact tracing apps aimed at detecting Covid-19 exposure. In this short contribution we look at the bio-political justification of this phenomenon and reflect on whether DCT apps constitute, as it is often argued, a serious potential breach of our right to privacy. Despite praising efforts attempting to develop legal and ethical frameworks for (...) DCT apps’ usage; we argue that such endeavours are not sufficient to tackle the more fundamental problem of mass surveillance, which will remain largely unaddressed unless we deal with the biopolitical arguments presented and resort to a technical and structural defence. (shrink)

BackgroundAlthough some of the most radical hypothesis related to the practical implementations of human enhancement have yet to become even close to reality, the use of cognitive enhancers is a very tangible phenomenon occurring with increasing popularity in university campuses as well as in other contexts. It is now well documented that the use of cognitive enhancers is not only increasingly common in Western countries, but also gradually accepted as a normal procedure by the media as well. In fact, its (...) implementation is not unusual in various professional contexts and it has its peak in colleges. Even when certain restrictions in the legislation of a country are indeed in place, they are without doubts easy to overcome. The legitimacy and appropriateness of such restrictions will not be the focus of our investigation.DiscussionOur concern is instead related to the moral and social reasons to publicly acknowledge the use of cognitive enhancers in competitive-selective contexts. These reasons are linked to a more neutral analysis of contemporary Western society: it is a fact that an increasing number of competitive-selective contexts have a substantial number of contenders using cognitive enhancers.SummaryThrough the use of five explicative examples, in this paper we want to analyse the problems related to its use. In particular, it will be our aim to show the tension between one of the main argument used by bio-liberals and the actual implementation of the drugs in competitive, or semi-competitive contexts. (shrink)

By comparative analysis of selected historical and contemporary pedagogical documents, professional development is recognized as a permanent and inseparable component of the teaching profession. Continuous training of educators is unfairly attributed only to the time of the lifelong education paradigm. Since its beginnings and attempts at legislation and its social establishment, pedagogical theorists have prescribed the continuing need for professional development for the purpose of professional development and career advancement, as well as the obligation of continuous learning. Already in the (...) first legal document of 1874, individual and extended education of all teachers was prescribed. In this way, professional development becomes a key component of the teaching profession and later of all educational staff. The analysis of historical documents has determined the one hundred and fifty-year legal and statutory regulation of a permanent obligation for the professional development of teachers, which is often not achieved in practice. After reaching the university level of initial education of all teachers, it is necessary to create the conditions for their systematic and effective professional development. (shrink)

In Arendt the domestic sphere is the other of the political sphere. In this contribution, however, the house will be described directly. Firstly, by reconstructing some of the different dichotomies included in the macro-differentiation between house and square; secondly by probing the connections and ties that bind house and square. Thirdly, by trying to read the modern emergence of the two poles «society» and «interiority» as a double process of simultaneous expansion and concentration of domestic semantics and domestic performances.

For the contemporary Serbian sociology of religion it is evident that the process of desecularization has been present on the social scene of Serbia in the last fifteen years. Sociologists have provided arguments for this claim based on data gathered in Serbia during this period. The religious changes in question have been empirically recorded in all aspects of attachment to religion and the church, that is, in aspects of religious identification, doctrinal beliefs and religious behavior. Certain political subjects and social (...) scientists feel that social life in Serbia is getting increasingly, and that religion and church are exerting influence within social fields they are not supposed to, if Serbia is to become a secular, democratic state. The paper analyzes some major conditions of the clericalization of the Serbian society. U savremenoj srpskoj sociologiji religije nije sporno da je u poslednjih petnaestak godina na drustvenoj sceni proces desekularizacije. Sociolozi su taj proces argumentovali pozivajuci se na iskustvenu evidenciju koja je za to vreme stvorena u Srbiji. Navedene religijske promene empirijski su evidentirane u svim segmentima vezanosti za religiju i crkvu, dakle: u segmentu religijskog identifikovanja, doktrinarnog verovanja i religijsko-obrednog ponasanja. Postoji misljenje nekih politickih subjekata i drustvenih naucnika da se drustveni zivot u Srbiji sve vise klerikalizuje i da religija i crkva ispoljavaju svoj uticaj tamo gde ne bi smelo da ga bude ukoliko Srbija treba da bude laicka, demokratksa drzava. U tekstu se analiziraju neki od vaznih uslova klerikalizacije drustva. (shrink)

Ovaj tekst je poslednji prilog teme iz naslova i nastavak dva prethodna autorova teksta objavljena u ovom casopisu. U prilogu se razmatra evolucija religijske situacije, pre svega vezana za pravoslavlje, u Srbiji tokom proslog veka i u prvoj deceniji ovog veka. Religijska situacija u tako dugom vremenskom periodu uvek se razmatra u kontekstu globalnog srpskog drustva a poslednjih godina i u komparaciji sa religioznom Evropom i Rusijom.

Wenn die fuhrende "paradigmatische" Philosophie Voraussetzungen wie die der Spaltung der Wirklichkeit in sich schliesst und wenn diese Philosophie empirisch die absolut leere -- ohne jede Moglichkeit der wissenschaftlichen Untersuchung --ist, so ist auch die Behauptung der Unmoglichkeit des Irrefuhrens und der Uberflussigkeit solcher Philosophie sinnvoll. Wenn aber auch die bedeutendste Kritik dieses paradigmatischen Rahmens eine Schwache zeigt, ist auf das Bedurfnis einer "Verweigerung" zu schliessen. Darum bedarf es einer Redefinition des Begriffs des aprioristischen Wissens. "A priori" bezeichnet in diesem (...) Sinne die Beschaftigung mit Wissen, das von den Objekten der empfindlich vernehmbaren Welt absolut unabhangig ist. In Ubereinstimmung mit dieser Definition ist das Verstandnis der Mathematik als der Art des aprioren Wissens moglich, oder epistemologisch gesagt: unter der Aktualitat der erreichten mathematischen Moglichkeit. (shrink)

En el trabajo se expondrá la teoría de la oración predicativa simple en Aristóteles conforme a su tratado De Interpretatione. Se prestará especial atención a las tesis planteadas por el autor en dicha obra y que presentan algún conflicto con tesis planteadas por autores contemporáneos tales como Frege, Husserl, Heidegger, Tugendhat, Austin y Searle.

This paper offers a novel interpretation of Hans Jonas’ analysis of metabolism, the centrepiece of Jonas’ philosophy of organism, in relation to recent controversies regarding the phenomenological dimension of life-mind continuity as understood within ‘autopoietic’ enactivism (AE). Jonas’ philosophy of organism chiefly inspired AE’s development of what we might call ‘the phenomenological life-mind continuity thesis’ (PLMCT), the claim that certain phenomenological features of human experience are central to a proper scientific understanding of both life and mind, and as such central (...) features of all living organisms. After discussing the understanding of PLMCT within AE, and recent criticisms thereof, I develop a reading of Jonas’ analysis of metabolism, in light of previous commentators, which emphasizes its systematicity and transcendental flavour. The central thought is that, for Jonas, the attribution of certain phenomenological features is a necessary precondition for our understanding of the possibility of metabolism, rather than being derivable from metabolism itself. I argue that my interpretation strengthens Jonas’ contribution to AE’s justification for ascribing certain phenomenological features to life across the board. However, it also emphasises the need to complement Jonas’ analysis with an explanatory account of organic identity in order to vindicate these phenomenological ascriptions in a scientific context. (shrink)

This article discusses recent advancements in neurotechnologies and how they seem to support the Extended Mind Thesis (EMT), while also raising concerns about the mental integrity and privacy of individuals. In Sect. 1 we review recent research carried out at the frontiers of Brain Machine Interfaces (BMIs) and neuromorphic computing. Taking inspiration (Sect. 2) from research in these fields we present -with the help of some imagination- a futurist scenario of complete human-computer integration. We discuss a set of practical benefits (...) and risks associated with the implementation of such a scenario, which -despite being fictional at the time of writing- is likely to be realized soon. We frame our discussion (Sect. 3) in the context of research conducted in the cognitive sciences on the extended mind thesis (EMT). We reflect on the epistemic and ontic aspects underlying such a scenario and argue that EMT finds supports in it. We further problematize (Sect. 4) around the significance of this envisaged scenario for research on neuro-rights. We therefore also discuss a series of ethical challenges related to their potential infringement. We conclude the paper (Sect. 5) by showing that the development of specific neurotechnologies can make the extension of the mind an increasingly pervasive and transformative phenomenon, while raising important concerns about the potential consequences for certain characteristics of individuals that may be crucial to preserve through the introduction of neurorights. (shrink)

This volume presents a number of controversial cases of enforced medical treatment from around the globe, providing for the first time a common, biopolitcal framework for all of them. Bringing together all these real cases guarantees that a new, more complete understanding of the topic will be within grasp for readers unacquainted with the aspects involved in these cases. On the one hand, readers interested mainly in the legal and medical dimensions of cases like those considered will benefit from the (...) explanation of the biopolitical framework within which each case develops. On the other hand, those focusing on only one of the situations presented here will find the parallels between the cases an interesting expansion of the complexity of the problem. Despite the book's ambitious goal, for those willing to use it as supplemental material or interested in only one of the cases, the chapters can function as self-standing pieces to be read separately. This volume will be a valuable tool for both academics and professionals. Bioethicists in both the analytic and continental traditions, will find the book interesting for not only the specific concepts and issues considered, but also for its constructive bridging of the two schools of thought. In addition to philosophers, the structure of this work will also appeal to lawyers, doctors, human rights activists, and anyone concerned in the most disparate way with real-life cases of enforced medical treatment. (shrink)

Block (Trends Cogn Sci 7:285–286, 2003) and Prinz (PSYCHE 12:1–19, 2006) have defended the idea that SSD perception remains in the substituting modality (auditory or tactile). Hurley and Noë (Biol Philos 18:131–168, 2003) instead argued that after substantial training with the device, the perceptual experience that the SSD user enjoys undergoes a change, switching from tactile/auditory to visual. This debate has unfolded in something like a stalemate where, I will argue, it has become difficult to determine whether the perception acquired (...) through the coupling with an SSD remains in the substituting or the substituted modality. Within this puzzling deadlock two new approaches have been recently suggested. Ward and Meijer (Conscious Cogn 19:492–500, 2010) describe SSD perception as visual-like but characterize it as a kind of artificially induced synaesthesia. Auvray et al. (Perception 36:416–430, 2007) and Auvray and Myin (Cogn Sci 33:1036–1058, 2009) suggest that SSDs let their users experience a new kind of perception. Deroy and Auvray (forthcoming) refine this position, and argue that this new kind of perception depends on pre-existing senses without entirely aligning with any of them. So, they have talked about perceptual experience in SSDs as going "beyond vision". In a similar vein, MacPherson (Oxford University Press, New York, 2011a) claims that “if the subjects (SSD users) have experiences with both vision-like and touch-like representational characteristics then perhaps they have a sense that ordinary humans do not” (MacPherson in Oxford University Press, New York, 2011a, p. 139). (shrink)

Recent developments in the study of our brain and neurochemical maps have sparked much enthusiasm in some scholars, making room for speculations over the possibility to shape our morality from within ourselves rather than through [failed] socio-political projects. This paper aims at criticising the prospected scenario put forward by some scholars supporting a specific version of Moral Enhancement as an overly optimistically described manipulative tools. To do so, I will focus on a specific version of Moral Enhancers, namely Emotional Enhancers. (...) By looking from close at this group of enhancers and the potential results of their implementation, I will underline the risks that those could pose to sexual minorities, and I will use this analysis to support a much more cautious assessment of these drugs and a broader assessment of what their social acceptance would mean. (shrink)

In the fifth centuryb.c.e.the Athenians did not make any distinction between laws and decrees. The Assembly passed both kinds of measures in the same way, and both general enactments and short-term provisions held the same legal status. At the end of the fifth century, however, the Athenians decided to make a distinction between the two kinds of measures and created the rule that no decree would be superior to a law. The Assembly continued to pass decrees in the same way, (...) but a new body ofnomothetaiwas created to ratify laws. There were also two separate procedures for rescinding the two kinds of measures: one could bring agraphê paranomôn against apsêphismaand agraphê ‘nomon mê epitêdeion theinai’ against anomos. This much is clear; scholars do not agree however about the procedure for passing a new law in fourth-century Athens. (shrink)

Due to the alarming rise of antibiotic resistance, medically unwarranted use of antibiotics has assumed new moral significance. In this paper, a thematic content analysis of focus group discussions was conducted to explore lay people’s views on the moral challenges posed by antibiotic resistance. The most important finding is that lay people are morally sensitive to the problems entailed by antibiotic resistance. Participants saw the decreasing availability of effective antibiotics as a problem of justice. This involves individual as well as (...) collective moral responsibility. Yet, holding agents responsible for their use of antibiotics involves varying degrees of demandingness. In our discussion, these findings are related to the contemporary ethical debate on antibiotic resistance and two proposals for the preservation of antibiotic effectiveness are compared to and evaluated against participants’ views. (shrink)

Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system condones procedures (...) which result in the conviction of some innocent people. While the importance of guarding against wrongful convictions has been overstated, the imperative to bring to trial all accused has been even more exaggerated. The legal system has displayed a capacity to deal with cases where the guilty walk free. The institutional integrity of the criminal justice system would be significantly compromised by convictions that are tarnished by pre-judgment. Confidence in the criminal justice system is more important than individual criminal accountability. The inability to receive an impartial hearing should result in a permanent stay. The only exception is where the alleged crime has the capacity to cause widespread fear or social unrest. This only applies in relation to serious acts of terrorism. This article focuses on recent legal fair trial developments in Australia, however, the analysis, reasoning and conclusion applies in relation to all jurisdictions where juries determine guilt and innocence. (shrink)

In this article I have dealt with empirical proofs for the Russian religious renaissance which came after the fall of the Soviet socialistic empire and carried on all through the nineties as a pro-religious consensus and a religious belief. Likewise, I have dealt with proofs suggesting certain limitations of the renaissance in question which manifested mainly in irregular fulfillment of religious duties. U ovom clanku autor se bavi empirijskim dokazima za rusku religioznu renesansu koja je nastupila nakon urusavanja sovjetske socijalisticke (...) imperije i kao proreligiozni konsenzus i religijsko verovanje odrzala se tokom 90-ih godina proslog veka. Takodje, autor se bavi i dokazima koji upucuju na izvesna ogranicenja pomenute renesanse, ponajvise izrazena kroz problematicnu redovnost ispunjavanja verskih duznosti. (shrink)

Behind the pendulum-like regulatory swings between interventionism and laissezpasser that are nothing but the results of changing contexts are the legal principles as their denominators and connectors. Legal principles guide explanations and give paths that a decision maker must not circumvent. In the enhanced dynamic environment that is based more on risk and prediction than solely ex post adaptation they cannot cope with the more numerous information and communication channels. Principles can be more fully embraced with the help of more (...) systematically-elaborated reality. Without clear steps needed for the formation of principles talks about the regulatory impact assessment, risk management, evidence-based approach and other regulatory notions are only a stuff for filling the paper lines than the real tools for the management of reality. (shrink)

The principle of proportionality is seen as the highest peak of structural, logical thinking that enables balancing between constitutional principles and their interferences. So far, Alexy's weight formula has been the most advanced approach in structured balancing of proportionality stricto sensu, while this paper shows it as still too subjective. Despite judicial tests—or different, manifestly inappropriate reasonableness tests—proportionality stricto sensu hides some form of the jumping-to-conclusions bias, because the inference is made through a subjective lens. The paper presents structured legal (...) balancing (and hence reasoning) based on Bayes’ theorem. This paper, based on the connection between probability and hypothetical legal norms, transfers the four-part structure of proportionality into the relevant four-part structure of the Bayes tree. This transfer shows the first as flawed due to its failing to consider means that can have the same effects as the considered ones. Only by inclusion of the latter can the total probability of a considered case be established. Numerical proportionality à la Bayes can be further improved through the use of public-value weights that are obtained from surveys or online communities of people giving weights in the real time (collective wisdom). The Bayesian approach can also be used in adjudication as a control in assessing judicial standards in use. (shrink)

Warren Buckland _The Cognitive Semiotics of Film_ Cambridge: Cambridge University Press, 2000 ISBN: 0-521-78005-5 (hb) xi +174 pp.