Logic or rhetoric in law?

One of the most crucial questions in the philosophy of law deals with the very nature of legal reasoning. Does this reasoning belong to logic or to rhetoric? This debate, increasingly centered on rhetoric, is not merely a question of language use; it covers and indicates a more basic choice between formal legalism — focusing on rational deduction from the law — and pragmatic judiciarism — focusing on reasonable debate in the court. Today, it is necessary to circumscribe the respective fields of logic and rhetoric in the language of law, while showing how they are sometimes complementary in the resolution of legal problems. But, even when we have acknowledged the need for a rhetoric accompanied by logic, we have to define that rhetoric cautiously. I confront a narrow rhetoric, often called argumentation, with a wider one of interrogative nature. There are two conceptions of rationality at stake. Their comparison enables us to raise the question of the foundation of law, as a locus to use arguments, as well as to solve social problems.     

Repetition and agreement with opposing arguments: A delayed action effect

If exposure to two arguments supporting opposing conclusions establishes two memory traces that influence attitudes, repetition of one of the arguments should produce a delayed action effect. In a computer-controlled experiment, subjects read a large number of arguments about fictitious brands of consumer products from a T.V. screen. They rated each brand immediately after reading about it and again after spending 10 min reading messages about other brands. In the critical conditions of the experiment, two arguments were presented about each brand. One described a good quality of the product (e.g., excellent durability); the other described a bad quality (e.g., below-average efficiency). Subjects read one of the opposing arguments concerning each brand repeatedly and studied the repeated arguments for memory tests. As predicted, repetition and studying affected ratings on the delayed post-test, but not on the immediate post-test. Specifically, attitudes shifted over the delay toward agreement with the repeated arguments, supporting the idea that the persistence of attitudes depends on more than one memory trace.     

在亮度对比和颜色对比下立体视知觉的定量研究

研究了在亮度对比与等亮度颜色对比的条件下,受试者分辨随机点阵立体图对的立体视敏度（最小视差）．结果表明：（１）在亮度对比条件下,立体视敏度随对比度的增加而增加,１０％的对比度即可引起立体视知觉,对比度大于３０％时达到饱和;（２）在亮度对比与等亮度颜色对比两种不同的条件下,受试者的立体视敏度不存在有统计学意义的差异;（３）当双眼分别接受不同颜色的等亮度立体图刺激时,与亮度对比条件相比,受试者的立体视敏度无明显差异;（４）当受试者双眼分别接受由亮度对比和颜色对比形成的立体图刺激时,只有当颜色对比图中图形与背景间的对比度超过等亮度值３８％以上时,才能形成立体视知觉．以上结果提示,大、小细胞系统（包括斑点系统与斑点间系统）均参与立体视知觉信息的传递．     

Hemispheric patterns in visual search

A visual search paradigm was employed to examine hemispheric serial and parallel processing. Stimulus arrays containing 4, 9, or 16 elements were tachistoscopically presented to the right visual field-left hemisphere (RVF-LH) or left visual field-right hemisphere (LVF-RH). Subjects judged whether all of the elements within an array were physically the same (all X's) or whether one (O) was different from the rest. Left hemisphere presentations were processed more quickly and accurately than LVF-RH presentations for all stimulus conditions. As the number of array elements increased, more errors and longer response times were obtained for different stimulus items whereas fewer errors and somewhat shorter response times were obtained for same stimulus items. These and previous results suggest that the left hemisphere obtains an advantage for visual search because of that hemisphere's superiority for fine-grained feature analysis rather than because of a fundamental hemispheric serial/parallel processing dichotomy.     

Cybersemiotics and the Question of Semiotic and Informational Thresholds

The present article discusses various suggestions for a philosophical framework for a transdisciplinary information science or a semiotic doctrine. These are: the mechanical materialistic, the pan-informational, the Luhmanian second order cybernetic approach, Peircian biosemiotics and finally the pan-semiotic approach. The limitations of each are analyzed. The conclusion is that we will not have to choose between either a cybernetic-informational or a semiotic approach. A combination of a Peircian-based biosemiotics with autopoiesis theory, second order cybernetics and information science is suggested in a five-leveled cybersemiotic framework. The five levels are 1) a level of Firstness, 2) a level of mechanical matter, energy and force as Secondness, 3) a cybernetic and thermodynamic level of information and signal, 4) a level of sign games in living systems, and 5) a level of conscious language games in self-conscious social humans.     

On the Fundamental Worldview of the Integral Culture: Integrating Science,Religion, and Art: Part One

In the present essay the author suggests that the main reason why history failed to develop societies in harmony with Nature, including our internal nature as well, is that we failed to evaluate the exact basis of the factor ultimately governing our thoughts. We failed to realize that it is the worldview that ultimately governs our thoughts and through our thoughts, our actions. In this work we consider the ultimate foundations of philosophy, science, religion, and art, pointing out that they were and can be again in harmony with each other if their ultimate tasks are specified. It is specified here the first task of philosophy as considering the philosophical significance of the ultimate principles of physics, biology and man/society. These ultimate principles are in direct connection with the ultimate questions of religion. It is shown that the fundamental nature of art makes it able to perceive the ultimate destination of mankind and the Universe, the world-to-be. It is proposed that philosophy, religion and art together are able to supply us with an inter-subjective picture of the world-process, including the inter-subjective picture of the future of mankind and the Universe. Care is taken to enlighten the possible role of values in founding scientific research in the frame of present wide-ranging discussions. It is found that universal values of respect for existence, life and reason represent the inevitable basis of science. The exact foundations of a new, integral worldview are outlined, involving the worldprocess-picture, Nature-picture, images of man, society, self, history and manipulation. A list of our common tasks for founding the Integral Culture is proposed.     

THE LOVE RACKET: DEFINING LOVE AND AGAPEFOR THE LOVE‐AND‐SCIENCE RESEARCH PROGRAM

Abstract. Scholars of religion and science have generated remarkable scholarship in recent years in their explorations of love. Exactly how scholars involved in this budding field believe that love and science should relate and/or be integrated varies greatly. What they share in common is the belief that issues of love are of paramount importance and that the various scientific disciplines—whether natural, social, or religious—must be brought to bear upon how best to understand love. I briefly introduce the emergence of the love‐and‐science research program and note that scholars have not done well defining what they mean by love. I suggest that the present surge in love scholarship will fail to produce the positive results that it otherwise might if love is not defined well. I provide and defend a definition of love adequate for those doing love‐and‐science research: To love is to act intentionally, in sympathetic response to others (including God), to promote well‐being. To explain better what this simple definition entails, I explore its three main phrases. Love is said to have many forms, but agape is the form to which the love‐and‐science literature most commonly refers. I comment briefly on the debates about how to best understand agape, noting sixteen different definitions proposed by major scholars. I identify weaknesses in many of them and then offer what I argue is a more adequate definition of agape as intentional response to promote well‐being when confronted by that which generates ill‐being. In short, agape repays evil with good. While research on love and science requires much more than adequate definitions, I believe that the definitions I proffer can prove useful in furthering the love‐and‐science research program.     

An in-situ examination of the timing of information pick-up for interception by cricket batsmen of different skill levels

ObjectivesCricket batting is performed under demanding constraints, which requires rapid and accurate decision making for successful achievement of the skill goal. To understand how batsmen negotiate these constraints, the capability of highly skilled and low skilled cricket batsmen to utilise visual information prior to and during sections of ball flight to strike balls delivered by fast bowlers was examined.MethodSix highly skilled and six low skilled batsmen faced different types of balls delivered by three fast bowlers. Batsmen wore vision occlusion spectacles and were required to strike delivered balls, while their vision of the bowler's delivery action and ball flight was selectively occluded. Three vision conditions were randomly designed that included temporal occlusion at: (i) a point prior to ball release (providing only advance information), (ii) a point prior to ball bounce (providing advance and ball flight information) and (iii) no occlusion (where all advance, ball flight and bounce information were visible). Foot movements made forward or backward were assessed as a measure of ball length judgement, while the quality of bat–ball contact was assessed as a measure of interception.ResultsResults demonstrated the superior capability of highly skilled batsmen to utilise information prior to ball release to judge short ball length. Expert batsmen were better able to utilise ball flight information prior to and post-bounce to attain a superior number of bat–ball contacts.ConclusionsFindings demonstrate that the mechanism of experts to deal with task constraints when attempting to intercept a delivered ball is their capability to pick-up visual information to judge ball landing position.     

Sketching the Contours of the Scholarship of Teaching and Learning in Theology and Religion

This article argues that there is an identifiable scholarship of teaching and learning in theology and religion that, though varied in its entry points and forms, exhibits standards of excellence recognizable in other forms of scholarship. Engaging in this scholarship enhances a professor's possession of practice and often reveals insights into student learning and the contours of a field that can advance both educational and disciplinary projects. Through conversation with a form of the scholarship of teaching and learning that emerged most clearly in work associated with the Carnegie Foundation for the Advancement of Teaching, we describe starting points and generative assumptions that have been employed in the discourse of the scholarship of teaching and learning in theology and religion as they have emerged in submissions to Teaching Theology and Religion over the past decade and a half and point to its benefits. See responses to this essay by Charles R. Foster , Stephen Brookfield , and Pat Hutchings published in this issue of the journal. Responses by Reid B. Locklin, Joanne Maguire Robinson, and Nadine S. Pence appear in next issue issue, 16:3 (2013).     

Overshadowing in operant conditioning as a function of discriminability

Pigeons were trained in an operant, go/no-go, discrimination by successive presentations of discrete, positive and negative trials. In separate groups, the rate of discriminaion learning based on an auditory cue, on visual cues of different discriminability, and on combined auditory and visual cues was determined. The auditory cue was tone/no-tone, the visual cue was a difference in brightness level on the key. Following discrimination training, stimulus control was tested in extinction by presenting tone or notone at each of four key-brightness levels.Learning was more rapid with two cues than with either cue singly, demonstrating summation. The contribution made by the tone cue to the learning of the discrimination decreased with increasing discriminability of the light cue. The control exerted by the tone cue also decreased (i.e., the tone cue was overshadowed) with increasing discriminability of the light cue. In certain cases, the tone cue decreased control by brightness, showing that in two-cue discriminations each cue may reduce the control exerted by the other.