司法论证充分性辨析

司法论证充分性问题是一个和法学理论与司法实践都密切相关的问题,各种关于法律论证的争议是和规则治理与纠纷解决两种司法职能的互相冲撞息息相关的。什么样的法律论证才是最合适的,在法律资源有限的情况下,如何运用有限的资源达到司法实践的目的,是各国法制建设的一个永恒话题。文章试图以我国的司法情景为例,从理性思考与现实实践两个层面,展示法官在裁决中所运用的具有地方性知识性质的辅助资源具有实践合理性,说明司法论证应该也必须追求其充分性。     

On Misrepresenting the Thomistic Five Ways

A number of recent discussions of atheism allude to cosmological arguments in support of theism. The five ways of Aquinas are classic instances, offered as rational justification for theistic belief. However, the five ways receive short shrift. They are curtly dismissed as vacuous, arbitrary, and even insulting to reason. I contend that the atheistic critique of the Thomistic five ways, and similarly formulated cosmological arguments, argues at cross purposes because it misrepresents them. I first lay out the context, intent and structure of Aquinas’ arguments, then show in what way recent discussions misrepresent them, and finally conclude with a comment on metaphysical orientation, which I take to be central, not only to a proper understanding of the Thomistic five ways but generally to the debate between atheism and theism on the existence of God.

The neighbor and the infinite: Marion and Levinas on the encounter between self,human other,and God

In this article I examine Jean-Luc Marion's two-fold criticism of Emmanuel Levinas’ philosophy of other and self, namely that Levinas remains unable to overcome ontological difference in Totality and Infinity and does so successfully only with the notion of the appeal in Otherwise than Being and that his account of alterity is ambiguous in failing to distinguish clearly between human and divine other. I outline Levinas’ response to this criticism and then critically examine Marion's own account of subjectivity that attempts to go beyond Levinas in its emphasis on a pure or anonymous appeal. I criticize this move as rather problematic and turn instead back to Levinas for a more convincing account of the relations between self, human other, and God. In this context, I also show that Levinas in fact draws quite careful distinctions between human and divine others.     

Falsifiability of political opinions

The concept of "falsifiability," taken from philosophy of science, was applied to the individual's political reasoning. 131 undergraduates, taking a position on the nuclear power issue, estimated: (a) importance attached to factual arguments supporting held opinion, and (b) degree of opinion change evoked by hypothetical disconfirmation of the arguments. The relation between these estimates was analyzed in two respects: (1) the difference served as an indicator of opinion falsifiability, and (2) the correlation served as an indicator of rationality, inasmuch as rationality dictates that disconfirmation of important arguments will evoke a more considerable opinion change than disconfirmation of unimportant arguments. Results showed that nuclear power opponents and subjects holding radically formulated opinions were more reluctant to opinion falsification, whereas degree of involvement in the issue was of no importance. No significant differences in rationality were observed, although additional analyses showed subjects to be more sensitive to disconfirmation of accepted, but opinion contradicting, arguments than to disconfirmation of opinion supporting arguments.     

Two arguments against lying

Kant and Sidgwick are at opposite extremes on whether we may tell paternalistic lies. I trace the extremism to their views about ethical concepts. Sidgwick thinks fundamental ethical concepts must be precise. Common Sense morality says we may tell paternalistic lies to children but not to sane adults. Because the distinction between a child and an adult is imprecise, Sidgwick thinks this principle cannot be fundamental, and must be based on the (precise) principle of utility, which often mandates paternalistic lies to adults. Kant thinks that ethical concepts are ideals of reason, which do not fit the world precisely because the world is imperfect. We lie to children and the insane because they are irrational, but no one is perfectly rational. We must treat all persons with the respect due to rational agents, so the pressure of the theory is toward not lying to anyone. Decisions about where to draw the line must be made pragmatically and to some extent arbitrary. But fear of this is not a good reason to abandon ethical ideals for utilitarianism.     

REALISM AND OPENNESS IN SCIENTIFIC INQUIRY

Abstract. Intrinsic to rigorous knowledge of God is the recognition that positive theological concepts and statements about God arising under the compelling claims of God's reality upon the human mind must have an open revisable structure. A similar combination of critical realism and ontological openness is apparent in the profound change that has taken place in the rational structure of rigorous science from the radical dualism and closed causal system of classical mechanics to the unifying world view and open dynamic field-theories of modern physics. It is argued that the intersection of theological and natural science in their epis-temological foundations can enhance their ontological commitment and heuristic thrust.     

Targeting Ontological Security: Information Warfare in the Modern Age

Recent studies have made great strides looking at the implications that the human need for ontological security has for politics and International Relations. However, less attention has been paid to how actors might target this need. While Steele and Mattern both examine the possible manipulation of subjectivity, this article turns to the concept of information warfare (IW) to broaden the view of how, and to what end, this is pursued. Congruently, by elaborating upon how the digitalization of society has increased the potential to influence and manipulate cognition and emotion, OS strengthens current literature on IW. It argues that by covertly perverting the information landscape, IW can alter how events are connected to national narratives, influencing policy by making certain options appear more/less shameful, or it can unravel the bonds of society by polarizing domestic narrative debates, purposely sowing ontological insecurity. This provides a firmer understanding of the strategic implications interference can have generally and of Russia's interference into the 2016 U.S. election specifically. Therefore, by viewing facets of IW as part of a range of tactics employed to manipulate/undermine subjectivity, a more nuanced understanding of interstate relations subsequently emerges.     

Conceptions about the mind-body problem and their relations to afterlife beliefs,paranormal beliefs,religiosity, and ontological confusions

We examined lay people’s conceptions about the relationship between mind and body and their correlates. In Study 1, a web survey (N = 850) of reflective dualistic, emergentistic, and monistic perceptions of the mind-body relationship, afterlife beliefs (i.e., common sense dualism), religiosity, paranormal beliefs, and ontological confusions about physical, biological, and psychological phenomena was conducted. In Study 2 (N = 73), we examined implicit ontological confusions and their relations to afterlife beliefs, paranormal beliefs, and religiosity. Correlation and regression analyses showed that reflective dualism, afterlife beliefs, paranormal beliefs, and religiosity were strongly and positively related and that reflective dualism and afterlife beliefs mediated the relationship between ontological confusions and religious and paranormal beliefs. The results elucidate the contention that dualism is a manifestation of universal cognitive processes related to intuitions about physical, biological, and psychological phenomena by showing that especially individuals who confuse the distinctive attributes of these phenomena tend to set the mind apart from the body.     

Technological Other/Quasi Other: Reflection on Lived Experience

This reflection focuses on lived experience with the Technological Other (Quasi-Other) while pursuing creative video and film activities. In the last decade work in the video and film industries has been transformed through digital manipulation and enhancement brought about by increasingly sophisticated computer technologies. The rules of the craft have not changed but the relationship the artist/editor experiences with these new digital tools has brought about increasingly interesting existential experiences in the creative process. How might this new way of being with technology change the craft and the crafter? Through a phenomenological understanding of Martin Heidegger, Maurice Merleau-Ponty, Don Ihde, and their contributions to the human-technology conversation, this essay moves to reveal the lived experiences of artists/editors who use computers to create by means of film and digital video formats. Exploring notions of lived space, lived body, lived time, and lived relation through the computer interface allows for digging deeper into inhabiting technology and experiencing the Technological Other.     

Running in Circles about Begging the Question

In a published exchange, Richard Robinson and Roy A. Sorenson debate the matter of whether begging the question is a fallacy; Robinson thinks it is not, but Sorenson argues that it is. Norman Ten attempts to resolve this debate by making a distinction between begging the question and fallaciously begging the question. While Teng is right to note that Robinson and Sorenson are talking past each other, he incorrectly diagnoses the source of this miscommunication. In this paper, then, I offer what I take to be a more illuminating distinction 3; viz. that between logical and rhetorical fallacies 3; and employ that distinction to resolve the debate.