The law market model posits that the most appropriate resolution of choice-of-law disputes in private international law is to permit individuals to choose ex ante the law that applies to them. This is contrasted to the public law model where courts choose law based on the perceived interests of, or the parties’ connections with, the states or nations involved. The law market model envisions that consumer choice will lead to optimal competition among jurisdictions to supply the most efficient law. This (...) model has influenced the rise of party autonomy, most notably in the widespread enforcement of many contractual choice-of-law and forum-selection clauses. One area that the model has had little influence on is the enforcement of foreign judgments. In the United States, judgments from other countries face higher hurdles in obtaining recognition and enforcement, as compared to judgments issued by courts of sister states. There has been little discussion in the law market literature of the possibility of ex ante contractually waiving these hurdles, or of choosing the law of states that make it easier to enforce foreign judgments. This reticence appears to be based in part on the assumption that state law on such recognition is mandatory and non-waivable, and that such law reflects the sovereign interests of states. Revisiting this regime through the lens of the law market model suggests that courts and public policymakers should permit parties, within broad limits, to contractually waive or select the law on judgment recognition, as they are permitted to do with other areas of law. (shrink)

Emotions and personhood are important notions within the field of mental health care. How they are related is less evident. This book provides a framework for understanding the important and complex relationship between our emotional wellbeing and our sense of self, drawing on psychopathology, philosophy, and phenomenology.

Our objective in this paper is twofold: first, we intend to address the tenability of the enactivist middle way between realism and idealism, as it is proposed in The Embodied Mind. We do so by taking the enactivist conception of bringing forth a world literally in three conceptual levels: enaction, niche construction and social construction. Based on this proposal, we claim that enactivism is compatible with the idea of an independent reality without committing to the claim that organisms have cognitive (...) access to a world composed of properties specified prior to any cognitive activity. Our second goal is to show that our literal interpretation of bringing forth a world not only sustains the legitimacy of the middle way, but it also allows us to revive the conception of evolution as natural drift—which is perhaps the least examined aspect of the original enactivist theory and is central to the understanding of cognition in an enactive way. Natural drift focuses on how structural couplings between organism and environment trigger viable pathways of maintenance and reproduction, instead of selecting the most adapted trait to a pregiven environment. Thus, although enactivists typically do not explore the consequences of their views regarding evolutionary dynamics, we show how natural drift provides a suitable starting point. (shrink)

This paper defends the view that one's own mental states are metaphysically privileged vis-à-vis the mental states of others, even if only subjectively so. This is an instance of a more general view called Subjectivism, according to which reality is only subjectively the way it is. After characterizing Subjectivism in analogy to two relatively familiar views in the metaphysics of modality and time, I compare the Subjectivist View of the Mental with Egocentric Presentism, a version of Subjectivism recently advocated by (...) Caspar Hare. I argue that the Subjectivist View of the Mental goes a considerable way towards solving certain long-standing philosophical puzzles having to do with the unity of consciousness, the contents of self-awareness and the intransmissibility of experiential knowledge through testimony. (shrink)

This paper argues that what is currently the most popular version of temporal Fragmentalism—‘unstructured’ temporal Fragmentalism, as I shall call it—faces a problem of Tensed Belief Explosion. Four possible solutions to this problem are reviewed and shown to be wanting; two more promising ones risk fostering scepticism about the existence of tensed facts—hence, about Fragmentalism itself. The tentative moral is that unstructured versions of Fragmentalism are at best unmotivated and at worst seriously flawed.

In the paper, after clarifying terms such as ‘identity’, ‘self’ and ‘personhood’, I propose an empirical account of identity based on the notion of “whole phenotype”. This move allows one to claim the persistence of the individuals before and after their being affected by dementia. Furthermore, I show how this account permits us to address significant questions related to demented individuals’ loss of the capacity of moral decisions.

There are two intuitions about time. The first is that there's something special about the present that objectively differentiates it from the past and the future. Call this intuition Specialness. The second is that the time at which we happen to live is just one among many other times, all of which are ‘on a par’ when it comes to their forming part of reality. Call this other intuition Egalitarianism. Tradition has it that the so-called ‘A-theories of time’ fare well (...) at addressing the first intuition, but rather badly when it comes to the second. The goal of this article is to offer advice to A-theorists about how to reconcile their view with Egalitarianism. (shrink)

We propose a view of embodied representations that is alternative to both symbolic/linguistic approaches and purely sensorimotor views of cognition, and can account for procedural and declarative knowledge manipulation. In accordance with recent evidence in cognitive neuroscience and psychology, we argue that anticipatory and simulative mechanisms, which arose during evolution for action control and not for cognition, determined the first form of representational content and were exapted for increasingly sophisticated cognitive uses. In particular, procedural and declarative forms of knowledge can (...) be explained, respectively, in terms of on-line sensorimotor anticipation and off-line simulations of potential actions, which can give access to tacit knowledge and make it explicit. That is, mechanisms that evolved for the on-line prediction of the consequences of one's own actions (i.e. forward models) determine a (procedural) form of representation, and became exapted for off-line use. They can therefore be used to produce (declarative) knowledge of the world, by running a simulation of the action that would produce the relevant information. We conclude by discussing how embodied representations afford a form of internal manipulation that can be described as internalized situated action. (shrink)

In order to meet the explanatory challenge levelled against non-representationalist views on cognition, radical enactivists claim that cognition about potentially absent targets involves the socioculturally scaffolded capacity to manipulate public symbols. At a developmental scale, this suggests that higher cognition gradually emerges as humans begin to master language use, which takes place around the third year of life. If, however, it is possible to show that pre-linguistic infants represent their surroundings, then the radical enactivists’ explanation for the emergence of higher (...) cognition is defeated. In this paper, I critically assess experiments designed to show that pre-linguistic infants inherit representational abilities. I begin by outlining these experiments in Sect. 2. In Sect. 3, I argue that these experiments only succeed in supporting widespread representationalism by committing a particular kind of circular reasoning, which I call conjunctivist reasoning due to its origins in the debates about the nature of perception. I conclude by developing two independent yet congruent enactivist lines of interpretation for the experiments discussed in 2. I explain the infants’ responses to atypical experimental conditions based on agent-environment codetermination and then I argue that surprise behavior can be explained in terms of embodied habits and unfulfilled anticipation. (shrink)

Introduction to The Oxford Handbook of Phenomenological Psychopathology.

Solving the meta-problem of consciousness requires, among other things, explaining why we are so reluctant to endorse various forms of illusionism about the phenomenal. I will try to tackle this task in two steps. The first consists in clarifying how the concept of consciousness precludes the possibility of any distinction between 'appearance' and 'reality'. The second consists in spelling out our reasons for recognizing the existence of something that satisfies that concept.

In this paper I propose to read and understand gestures as logical tools within a synthetic paradigm of knowledge. This interpretation of gesture is drawn from a new pragmatist reading of reasoning in general, and synthetic reasoning in particular. Complete gestures are actions with a beginning and an end that bear a meaning. It is our regular way to embody vague ideas into singular actions with general meaning. The tool is forged by a dense blending of icons, indices, and symbols (...) and by a complexity of phenomenological characteristics as feelings, actual actions, general concepts and habits. The paper illustrates this new way to look at gestures and different kinds of complete and incomplete gestures. (shrink)

This paper offers a conceptual framework which (re)integrates goal-directed control, motivational processes, and executive functions, and suggests a developmentalpathway from situated action to higher level cognition. We first illustrate a basic computational (control-theoretic) model of goal-directed action that makes use of internalmodeling. We then show that by adding the problem of selection among multiple actionalternatives motivation enters the scene, and that the basic mechanisms of executivefunctions such as inhibition, the monitoring of progresses, and working memory, arerequired for this system to (...) work. Further, we elaborate on the idea that the off-line re-enactment of anticipatory mechanisms used for action control gives rise to (embodied)mental simulations, and propose that thinking consists essentially in controlling mental simulations rather than directly controlling behavior and perceptions. We concludeby sketching an evolutionary perspective of this process, proposing that anticipationleveraged cognition, and by highlighting specific predictions of our model. (shrink)

This paper proposes to model legal reasoning asdialectical theory-constructiondirected by teleology. Precedents are viewed asevidence to be explained throughtheories. So, given a background of factors andvalues, the parties in a case canbuild their theories by using a set of operators,which are called theory constructors.The objective of each party is to provide theoriesthat both explain the evidence (theprecedents) and support the decision wished by thatparty. This leads to theory-basedargumentation, i.e., a dialectical exchange ofcompeting theories, which support opposedoutcomes by explaining the same (...) evidence and appealingto the same values. The winneris the party that can reply with a more coherent theoryto all theories of its adversary. (shrink)

It is well established by psychopathological research that disorders of self-experience are among the main features of schizophrenic prodromes in a pathogenetic sense. Disorders of the phenomenal self, as "lack of ipseity" (the vanishing of the feeling of being embedded in oneself and of distinctiveness between the self and the outer world) and "hyper-reflexivity" (the monitoring of one's own life entailing the tendency to objectify parts of one's own self in an outer space) are considered key phenomena of schizophrenic vulnerability. (...) In this paper, I argue that the analyses of the disorders of phenomenal self catch only some dimensions of schizophrenic vulnerability, since they mainly focus on the pathological changes in subjective experience of an isolated self and disregard the fact that the self is not purely personal. Because our existence is fundamentally tied to a social existence, the feeling of one's own self and the sense of "reality" of an experience are products of intersubjectivity and not only a private process based on introspection or reflexivity in which one is engaged in an idiosyncratic way. Building on, and extending, contributions of the phenomenological tradition, I attempt to demonstrate that intuitive attunement is the basic prerequisite for establishing one's sense of "reality" (feeling familiarly related to one's environment) and for establishing one's sense of "ipseity" (the sense of existing as a subject of awareness). In the last part of the paper, I show the importance of the concepts "lack of attunement" and "antagonomia" (the rejection of conventional knowledge and intuitive attunement, experienced as dangerous sources of loss of individuality) to establish a comprehensive theory of schizophrenic vulnerability. I finally discuss the implications of this view for empirical research and clinical management of schizophrenic vulnerability. (shrink)

Definition of the problem Biomedical research based on big data offers immense benefits. Large multisite research that integrates large amounts of personal health data, especially genomic and genetic data, might contribute to a more personalized medicine. This type of research requires the transfer and storage of highly sensitive data, which raises the question of how to protect data subjects against data harm, such as privacy breach, disempowerment, disenfranchisement, and exploitation. As a result, there is a trade-off between reaping the benefits (...) of big-data-based biomedical research and protecting data subjects’ right to informational privacy. Arguments Blockchain technologies are often discussed as a technical fix for the abovementioned trade-off due to their specific features, namely data provenance, decentralization, immutability, and access and governance system. However, implementing blockchain technologies in biomedical research also raises questions regarding consent, legal frameworks, and workflow integration. Hence, accompanying measures, which I call enablers, are necessary to unleash the potential of blockchain technologies. These enablers are innovative models of consent, data ownership models, and regulatory models. Conclusion Blockchain technologies as a technical fix alone is insufficient to resolve the aforementioned trade-off. Combining this technical fix with the enablers outlined above might be the best way to perform biomedical research based on big data and at the same time protect the informational privacy of data subjects. (shrink)

Why is interaction so simple? This article presents a theory of interaction based on the use of shared representations as “coordination tools” (e.g., roundabouts that facilitate coordination of drivers). By aligning their representations (intentionally or unintentionally), interacting agents help one another to solve interaction problems in that they remain predictable, and offer cues for action selection and goal monitoring. We illustrate how this strategy works in a joint task (building together a tower of bricks) and discuss its requirements from a (...) computational viewpoint. (shrink)

It has been observed that, unlike other kinds of singular judgments, mental self-ascriptions are immune to error through misidentification: they may go wrong, but not as a result of mistaking someone else’s mental states for one’s own. Although recent years have witnessed increasing interest in this phenomenon, three basic questions about it remain without a satisfactory answer: what is exactly an error through misidentification? What does immunity to such errors consist in? And what does it take to explain the fact (...) that mental self-ascriptions exhibit this sort of immunity? The aim of this paper is to bring these questions into focus, propose some tentative answers and use them to show that one prominent attempt to explain the immunity to error through misidentification of mental self-ascriptions is unsuccessful. (shrink)

Kilimanjaro is an example of what some philosophers would call a ‘vague object’: it is only roughly 5895 m tall, its weight is not precise and its boundaries are fuzzy because some particles are neither determinately part of it nor determinately not part of it. It has been suggested that this vagueness arises as a result of semantic indecision: it is because we didn’t make up our mind what the expression “Kilimanjaro” applies to that we can truthfully say such things (...) as “It is indeterminate whether this particle is part of Kilimanjaro”. After reviewing some of the limitations of this approach, I will propose an alternative account, based on a new semantic relation—multiple reference—capable of holding in a one-many pattern between a term and several objects in the domain. I will explain how multiple reference works, what differentiates it from plural reference and how it might be used to accommodate at least some aspects of our ordinary discourse about vague objects. (shrink)

According to Leibniz’s infinite-analysis account of contingency, any derivative truth is contingent if and only if it does not admit of a finite proof. Following a tradition that goes back at least as far as Bertrand Russell, several interpreters have been tempted to explain this biconditional in terms of two other principles: first, that a derivative truth is contingent if and only if it contains infinitely complex concepts and, second, that a derivative truth contains infinitely complex concepts if and only (...) if it does not admit of a finite proof. A consequence of this interpretation is that Leibniz’s infinite-analysis account of contingency falls prey to Robert Adams’s Problem of Lucky Proof. I will argue that this interpretation is mistaken and that, once it is properly understood how the idea of an infinite proof fits into Leibniz’s circle of modal notions, the problem of lucky proof simply disappears. (shrink)

Reale's monumental work establishes the exact dimensions of Aristotle's concept of first philosophy and proves the profound unity of concept that exists in Aristotle's Metaphysics.

In 1685, during the heyday of Scottish Cartesianism, regent Robert Lidderdale from Edinburgh University declared Cartesianism the best philosophy in support of the Reformed faith. It is commonplace that Descartes was ostracised by the Reformed, and his role in pre-Enlightenment Scottish philosophy is not yet fully acknowledged. This paper offers an introduction to Scottish Cartesianism, and argues that the philosophers of the Scottish universities warmed up to Cartesianism because they saw it as a newer, better version of their own traditional (...) Reformed scholasticism, chiefly in metaphysics and natural philosophy. (shrink)

The recent outbreak of the SARS-CoV-2 coronavirus is posing many different challenges to local communities, directly affected by the pandemic, and to the global community, trying to find how to respond to this threat in a larger scale. The history of the Eyam Plague, read in light of Ross Upshur’s Four Principles for the Justification of Public Health Intervention, and of the Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights, could provide (...) useful guidance in navigating the complex ethical issues that arise when quarantine measures need to be put in place. (shrink)

In der Reihe werden herausragende monographische Untersuchungen und Sammelbände zu allen Aspekten der Philosophie Kants veröffentlicht, ebenso zum systematischen Verhältnis seiner Philosophie zu anderen philosophischen Ansätzen in Geschichte und Gegenwart. Veröffentlicht werden Studien, die einen innovativen Charakter haben und ausdrückliche Desiderate der Forschung erfüllen. Die Publikationen repräsentieren den aktuellsten Stand der Forschung.

In this study, we use temporally aligned word embeddings and a large diachronic corpus of English to quantify language change in a data-driven, scalable way, which is grounded in language use. We show a unique and reliable relation between measures of language change and age of acquisition (AoA) while controlling for frequency, contextual diversity, concreteness, length, dominant part of speech, orthographic neighborhood density, and diachronic frequency variation. We analyze measures of language change tackling both the change in lexical representations and (...) the change in the relation between lexical representations and the words with the most similar usage patterns, showing that they capture different aspects of language change. Our results show a unique relation between language change and AoA, which is stronger when considering neighborhood-level measures of language change: Words with more coherent diachronic usage patterns tend to be acquired earlier. The results support theories positing a link between ontogenetic and ethnogenetic processes in language. (shrink)

This paper wishes to make a contribution to the study of how seventeenth-century scholasticism adapted to the new intellectual challenges presented by the Reformation. I focus in particular on the theory of accidents, which Reformed scholastic philosophers explored in search of a philosophical understanding of the rejection of the Catholic and Lutheran interpretations of the Eucharist. I argue that the Calvinist scholastics chose the view that actual inherence is part of the essence of accidents because it was coherent with their (...) theology. In this paper, I bring to attention the Reformed scholastic philosophy which was taught in the Scottish universities in the first half of the seventeenth century, an area so far neglected by scholars. In so doing, I compare Scottish scholasticism with coeval Calvinist sources, and highlight the differences from authoritative Catholic and Lutheran philosophers. The conclusion is that Calvinist scholasticism, both Scottish and Continental, brought about fundamental changes in seventeenth-century metaphysics, which are coherent with a humanist interpretation of Aristotle, and anticipate some themes of early modern philosophy. (shrink)

We give a self-contained geometric proof of the completeness theorem for the infinite-valued sentential calculus of Łukasiewicz.

I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views (...) on theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere comprehension of a legal concept will be distinguished from the application of the concept to a particular legal system, since application presupposes a doctrinal commitment, namely, the belief that the inferences constituting the concept hold in that system. Then, I shall consider how concepts can be characterised by defining the corresponding terms and placing them within an ontology. Finally, I shall argue that there is a tension between the inferential and the ontological approach, but that both need to be taken into account, to capture the meaning and the cognitive function of legal concepts. (shrink)

The coronavirus COVID-19 pandemic is an unprecedented health crisis. Many governments around the world have responded by implementing lockdown measures of various degrees of intensity. To be effective, these measures must rely on citizens’ cooperation. In the present study, we drew samples from the United States (N= 597), Italy (N= 606), and South Korea (N= 693) and examined predictors of compliance with social distancing and intentions to report the infection to both authorities and acquaintances. Data were collected between April 6th (...) and 8th 2020. We investigated the role of cultural orientations of horizontal and vertical individualism and collectivism, self-conscious emotions of shame and guilt related to the infection and trust in the government’s action. Across all countries, vertical collectivism (VC) predicted stronger shame, whereas horizontal collectivism predicted stronger trust in the government. Only in the United States, VC was associated with stronger trust. Stronger feelings of shame predicted lower compliance and intentions to report the infection to both authorities and acquaintances. In contrast, guilt was associated with stronger intentions to report the infection to the authorities. Finally, trust was associated with stronger compliance and intentions to report the infection to the authorities. Unlike Italy and South Korea, the association between trust on compliance was not statistically significant in the United States, implications of the findings, and directions for future research are discussed. (shrink)

-- v. 5. V. słownik, indeksy i bibliografia.

Cartesians and Lichtenbergians have diverging views of the deliverances of introspection. According to the Cartesians, a rational subject, competent with the relevant concepts, can come to know that he or she thinks – hence, that he or she exists – on the sole basis of his or her introspective awareness of his or her conscious thinking. According to the Lichtenbergians, this is not possible. This paper offers a defence of the Lichtenbergian position using Peacocke and Campbell's recent exchange on Descartes'scogitoas (...) a framework for discussion. A thought-experiment will be presented involving two communities with radically different conceptions of the metaphysics of the self. The purpose of the thought-experiment is to suggest that a substantive metaphysical thesis, whose truth cannot be a priori known, is presupposed by any justified transition from one's introspective awareness of a certain mental activity to the self-ascription of that activity. (shrink)

This article proposes a formal analysis of a fundamental aspect of legal reasoning: dealing with normative conflicts. Firstly, examples are illustrated concerning the dynamics of legal systems, the application of rules and exceptions, and the semantic indeterminacy of legal sources. Then two approaches to cope with conflicting information are presented: the preferred theories of Brewka, and the belief change functions of Alchourrón, Gärdenfors, and Makinson. The relations between those approaches are closely examined, and some aspects of a model of reasoning (...) with normative conflicts are outlined. Since this model takes into account an ordering of the involved regulations, criteria to order legal norms are finally specified. (shrink)

Not only has the philosophical debate on causation been gaining ground in the last few decades, but it has also increasingly addressed the sciences. The biomedical sciences are among the most prominent fields that have been considered, with a number of works tackling the understanding of the notion of cause, the assessment of genuinely causal relations and the use of causal knowledge in applied contexts. Far from denying the merits of the debate on causation and the major theories it comprises, (...) this paper is meant as a stimulus for theorists of causation in the philosophy of biomedicine, with a focus on clinical matters. Without aiming at putting forward an original theory of causation and starting from the narration of two actual but paradigmatic cases at the joints between biomedical research and clinical practice, we want to point out that some pathological situations addressed by molecular medicine actually prove resistant to some of our major epistemological accounts of causal explanation. Given this scenario, which is very frequent in our hospitals, our analysis aims to provide a stimulus for the debate among theorists of causation in biomedicine interested in real cases in science in practice. We believe that this might in turn encourage some more general rethinking of the complex intertwinement of science, philosophy of science and ethics, as well as of the role of philosophy of science for clinical medicine itself. (shrink)