Strategic Maneuvering with the Intention of the Legislator in the Justification of Judicial Decisions

The author gives an analysis of the strategic manoeuvring in the justification of legal decisions from a pragma-dialectical perspective by showing how a judge tries to reconcile dialectical and rhetorical aims. On the basis of an analysis and evaluation of the argumentation given by the US Supreme Court in the famous Holy Trinity case, it is shown how in a case in which the judge wants to make an exception to a legal rule for the concrete case tries to meet the dialectical reasonableness norm by seeing to it that his standpoint is sufficiently defended according to the requirements of the burden of proof of a judge in a rational critical discussion and how he tries at the same time to be rhetorically convincing for the legal audience by presenting the decision as a choice that is in line with the argumentation schemes and starting points that can be considered as accepted by the legal community in the US and by the US community as a whole.

Institutional Insights for Analysing Strategic Manoeuvring in the British Prime Minister’s Question Time

This paper aims at creating an adequate theoretical basis for a systematic integration of institutional insights into the pragma-dialectical analysis of argumentative exchanges that occur in institutionalised contexts. The argumentative practice of Prime Minister’s Question Time in the British House of Commons is examined, as a case in point, in order to illustrate how the knowledge of the characteristics of an institution, its rules and conventions can be integrated into the pragma-dialectical analysis. The paper highlights the role that theoretical concepts and tools such as strategic manoeuvring, argumentative activity types and dialectical profiles play in this integration.

Strategic Maneuvering in Mathematical Proofs

This paper explores applications of concepts from argumentation theory to mathematical proofs. Note is taken of the various contexts in which proofs occur and of the various objectives they may serve. Examples of strategic maneuvering are discussed when surveying, in proofs, the four stages of argumentation distinguished by pragma-dialectics. Derailments of strategies (fallacies) are seen to encompass more than logical fallacies and to occur both in alleged proofs that are completely out of bounds and in alleged proofs that are at least mathematical arguments. These considerations lead to a dialectical and rhetorical view of proofs.

Modus Tonens

Restating an interlocutor’s position in an incredulous tone of voice can sometimes serve legitimate dialectical ends. However, there are cases in which incredulous restatement is out of bounds. This article provides an analysis of one common instance of the inappropriate use of incredulous restatement, which the authors call “modus tonens.” The authors argue that modus tonens is vicious because it pragmatically implicates the view that one’s interlocutor is one’s cognitive subordinate and provides a cue to like-minded onlookers that dialectical opponents are not to be treated as epistemic peers.

Union and Difference: A Dialectical Structuring of St. John of the Cross’ Mysticism

This paper intends to append the frame of dialectic upon St. John of the Cross’ delineation of mysticism. Its underlying hypothesis is that the dialectical structuring of St. John’s mystical theology promises to unravel the web of relational concepts embedded within his immense writings on this unique phenomenon. It is hoped that as a consequence of this undertaking, relevant pairs of correlative opposites that figure prominently in mysticism can be elucidated and perhaps come to some form of resolution.

Cocchiarella’s Formal Ontology and the Paradoxes of Hyperintensionality

This is a critical discussion of Nino B. Cocchiarella’s book “Formal Ontology and Conceptual Realism.” It focuses on paradoxes of hyperintensionality that may arise in formal systems of intensional logic.

Bootstrapping and knowledge of reliability

This is a critical discussion of a paper on the problem of bootstrapping by Jose Zalabardo.

Are There Stable Factors in Preadolescent Girls’ Externalizing Behaviors?

Relatively little is known about the factor structure of disruptive behavior among preadolescent girls. The present study reports on exploratory and confirmatory factor analyses of disruptive girl behavior over four successive data waves as rated by parents and teachers in a large, representative community sample of girls (N = 2,451). Five factors were identified from parent ratings (oppositional behavior/conduct problems, inattention, hyperactivity/impulsivity, relational aggression, and callous-unemotional behaviors), and four factors were identified derived from teacher ratings (oppositional behavior/conduct problems/callous-unemotional behaviors, inattention, hyperactivityimpulsivity, and relational aggression). There was a high degree of consistency of items loading on equivalent factors across parent and teacher ratings. Year-to-year stability of factors between ages five and 12 was high for parent ratings (ICC = 0.70 to 0.88), and slightly lower for teacher ratings (ICC = 0.56 to 0.83). These findings are discussed in terms of possible adjustment to the criteria for children's disruptive behavior disorders found in the Diagnostic and Statistical Manual for Mental Disorders.

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European Regulatory Issues in Nanomedicine

The paper is intended to focus on peculiarities of nanomedicine and the importance of social concerns implicated, in order to understand if existing regulations are appropriate to maintain its safety or if a new ad hoc regulatory framework is needed. Consideration of social challenges will underline the crucial role of medical ethics in regulatory discussion.

An Early Buddhist Text on Logic: Fang Bian Xin Lun

The Fang Bian Xin Lun is a text on Buddhist logic which is thought to be the earliest one still to be extant. It appears in Chinese only (T1632). The great Italian indologist Giuseppe Tucci, believing that the text was originally a Sanskrit text, translated it into Sanskrit and gave it the title Upāyahṛdaya. The paper provides the historical background of the development of logic in Classical India up to the time of this text, summarizes its content and translates its first section.

Permissibility and Violable Rules

From a logical point of view, permissibility can be reduced to possibility by introducing demands which can be met. The alleged reduction is circular from a philosophical perspective, however, because demands are fundamentally deontic. This paper solves this problem by replacing demands which can be met with rules which can be satisfied and violated.

Transforming Consciousness

Robert Preece’s The Psychology of Buddhist Tantra and Khenchen Thrangu Rinpoche’s Everyday Consciousness and Primordial Awareness are reviewed. Both books address Tibetan Buddhism, and their common threads underscore this discussion. Even when separated from their original contexts, the Tibetan Buddhist teachings offer understandings about a common human nature and a method of transforming consciousness through awareness.

Berkeley’s Contingent Necessities

The paper provides an account of necessary truths in Berkeley based upon his divine language model. If the thesis of the paper is correct, not all Berkeleian necessary truths can be known a priori.

Speaking to Pictures

A review of Peter Steele’s Plenty, a book in which each poem is faced by a colour plate of the painting or object which sparked it off. Hollander’s ecphrasis and Krieger’s ekphrasis are held in – possibly unresolvable – dialectic by Steele’s poems. The only resolution which one can find is one of wit rather than of philosophy.

Towards a New Epistemology of Mathematics

In this introduction we discuss the motivation behind the workshop “Towards a New Epistemology of Mathematics” of which this special issue constitutes the proceedings. We elaborate on historical and empirical aspects of the desired new epistemology, connect it to the public image of mathematics, and give a summary and an introduction to the contributions to this issue.

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Phenomenology and the Third Generation of Cognitive Science: Towards a Cognitive Phenomenology of the Body

Phenomenology of the body and the third generation of cognitive science, both of which attribute a central role in human cognition to the body rather than to the Cartesian notion of representation, face the criticism that higher-level cognition cannot be fully grasped by those studies. The problem here is how explicit representations, consciousness, and thoughts issue from perception and the body, and how they cooperate in human cognition. In order to address this problem, we propose a research program, a cognitive phenomenology of the body, which is basically motivated by the perspective of Merleau-Ponty. We find a substantial clue in developmental psychological studies on the body and language.

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Construction, reconstruction, deconstruction: The fall of the Soviet Union from the point of view of conceptual history

The fall of the Soviet Union is analysed in conceptual terms, drawing on Reinhart Koselleck’s Begriffsgeschichte. The author seeks to interpret the instrumental role of the concepts perestrojka, glasnost′, reform, revolution, socialist pluralism, and acceleration in the Soviet collapse. The semantics and pragmatics are related to a wider intellectual and political context, and the conceptual perspective is used to help explain the progress of events. The author argues that the common notion of the reform policy concepts as clichés is not valid.

Visualizations in Mathematics

In this paper we discuss visualizations in mathematics from a historical and didactical perspective. We consider historical debates from the 17th and 19th centuries regarding the role of intuition and visualizations in mathematics. We also consider the problem of what a visualization in mathematical learning can achieve. In an empirical study we investigate what mathematical conclusions university students made on the basis of a visualization. We emphasize that a visualization in mathematics should always be considered in its proper context.

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Negative Actions

Some philosophers have argued that refraining from performing an action consists in actively keeping oneself from performing that action or preventing one’s performing it. Since activities must be held to be positive actions, this implies that negative actions are a species of positive actions which is to say that all actions are positive actions. I defend the following claims: