The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will show that from an interpretative standpoint, there is nothing special about legal defeasibility. Contrary to what some authors maintain, no unique or privileged source of legal defeasibility exists, nor are there privileged arguments to justify it. Specifically, legal defeasibility refers to interpretative outcomes deriving from interpretative arguments that, on the one hand, are very different from one another, and, on the other, are often employed to justify different interpretative outcomes. In the legal field, the problems related to defeasibility have little in common with the problems that this label covers in other areas—such as logic or epistemology—and they are nothing but the well-known problems related to legal interpretation. In conclusion, this paper argues that as far as legal argumentation is concerned, the notion of legal defeasibility lacks explanatory power, and it should be abandoned.
The present study investigates the human-specificity of the orienting system that allows neonates to look preferentially at faces. Three experiments were carried out to determine whether the face-perception system that is present at birth is broad enough to include both human and nonhuman primate faces. The results demonstrate that the newborns did not show any spontaneous visual preference for the human face when presented simultaneously with a monkey face that shared the same features, configuration, and low-level perceptual properties (Experiment 1). The newborns were, however, able to discriminate between the 2 faces belonging to the 2 different species (Experiment 2). In Experiment 3, the newborns were found to prefer looking at an upright, compared with an inverted, monkey face, as they do for human faces. Overall, the results demonstrate that newborns perceive monkey and human faces in a similar way. These findings are consistent with the hypothesis that the system underlying face preference at birth is broad enough to bias newborns' attention toward both human and nonhuman primate faces. 相似文献
Schizophrenia spectrum has been associated with a disruption of the basic sense of self, which pertains, among others, the representation of one's own body. We investigated the impact of either implicit or explicit access to the representation of one's own body-effectors on bodily self-awareness, in first-episode schizophrenia (FES) patients and healthy controls (HCs). We contrasted their performance in an implicit self-recognition task (visual matching) and in an explicit self/other discrimination task. Both tasks employed participant's own and others' body-effectors. Concerning the implicit task, HCs were more accurate with their own than with others' body-effectors, whereas patients did not show such self-advantage. Regarding the explicit task, both groups did not exhibit a self-advantage, and patients showed a higher percentage of self-misattribution errors. Neither self/other nor implicit/explicit effects were found in both groups when processing inanimate-objects. We propose that FES patients suffer of a disturbed implicit sense of bodily self. 相似文献
Since the 1970s, the ability of some invertebrate species to recognize individual conspecifics has attracted increased scientific interest. However, there is still confusion in the literature, possibly due to the lack of unambiguous criteria for classifying social recognition in its different forms. Here, we synthesize the results of studies on invertebrates and provide a framework with the purpose of identifying research needs and directions for future investigations. Following in part Sherman et al.'s (Behavioural ecology: an evolutionary approach. Blackwell Science, Oxford, pp 69-96, 1997) definition of 'recognition systems' and Tibbetts and Dale's (Trends Ecol Evol 22:529-537, 2007) classification of 'individual recognition,' we first discuss different case studies that exemplify the categories of 'familiar recognition' and 'class-level recognition.' Then, through the analysis of the invertebrate literature, we illustrate eight key properties that characterize 'true individual recognition' systems. We are confident that the proposed framework will provide opportunities for exciting discoveries of the cognitive abilities in invertebrates. 相似文献
This study assessed whether a post-coma woman functioning at the lower end of the minimally conscious state would (a) develop
adaptive responding through the use of microswitch technology and contingent stimulation, (b) consolidate and maintain her
responding over time, and (c) show evidence of response-consequences awareness (learning and discrimination). The study involved
an ABABB1CB1 sequence in which the A represented baseline phases, the B and B1 intervention phases, and the C a control phase with continuous stimulation. Results indicated that the woman developed adaptive
responding and consolidated it over the intervention phases of the study. The woman also showed evidence of being aware of
response-consequences links. Potential implications and limitations of these findings are discussed. 相似文献
The Special Issue Editorial introduces the research milieu in which Social Signal Processing originates, by merging computer scientists and social scientists and giving rise to this field in parallel with Human-Computer Interaction, Affective Computing, and Embodied Conversational Agents, all similarly characterized by high interdisciplinarity, stress on multimodality of communication, and the continuous loop from theory to simulation and application. Some frameworks of the cognitive and social processes underlying social signals are identified as reference points (Theory of Mind and Intersubjectivity, mirror neurons, and the ontogenesis and phylogenesis of communication), while three dichotomies (automatic vs. controlled, individualistic vs. intersubjective, and meaning vs. influence) are singled out as leads to navigate within the theoretical and applicative studies presented in the Special Issue. 相似文献
The paper defines the notion of social signal, in terms of a cognitive model of mind and social interaction, as a communicative or informative signal or a cue that directly or indirectly provides information about “social facts”: social interactions, social emotions, social attitudes, evaluations and stances, social relations, and social identities. This notion is compared with other connected notions in Semiotics, Ethology, and Psychology, several types of informative and communicative signals and cues are exemplified, and their process of production and interpretation is overviewed, while considering the role of context and previous knowledge in it. The implications of this model are outlined for the construction of systems for the analysis of social signals and their simulation in Virtual Agents. 相似文献