QUALIA UND PHYSIKALISMUS

Qualia and Physicalism. It is assumed that the following three relations exhaust the possibilities for a physicalist account of qualia: 1. determination, 2. identity, 3. realization. The first relation is immediately rejected because it does not exclude property dualism. The second faces the problem that it is probably impossible to discriminate empirically between the identity thesis and the epiphenomenalist position. The third cannot handle qualia adequately, for qualia are not functional properties and the realization relation is only plausible as a relation between physical realizers and functional properties. Finally, if one attempts to replace multiple realization by multiple identities it is shown that the notion of multiple property identities is unintelligible. The upshot is that if these three relations exhaust the possibilities of a physicalist construal of qualia then physicalism is wrong. This revised version was published online in July 2006 with corrections to the Cover Date.     

Legal and Philosophical Fictions: At the Line Where the Two Become One

Anti-foundationalism is a central topic in recent legal scholarship. The critical legal studies movement (CLS) has mounted a strong challenge to the traditional belief that legal materials (constitutions, statutes, and precedents) determine legal outcomes and constrain judicial decision making. This scholarship has overlooked, however, the degree to which the debate between traditional legal determinacy and anti-foundational indeterminacy is yet another manifestation of a continuous debate in Western thought – one that has its roots in pre-Socratic rhetoric and philosophy.This paper traces the indeterminacy thesis back to the contest of ideas between Protagoras and Plato. I examine two well-known and elated Protagorean notions: first, that two arguments (logoi) are always set in opposition to one another with regard to every matter and, second, that the rhetorician can always make the weaker argument the stronger. I contend that taking these Protagorean notions seriously – perhaps even more seriously than self-avowed anti-foundationalists customarily do – leads paradoxically to a modified endorsement of foundationalism that is nevertheless wholly consistent with the Protagorean project. Calling upon texts by Aristotle, Seneca and René Girard, I focus upon how fictionality in representations of Platonically conceived Truth reveals a binarization in thought that is simultaneously untenable and unavoidable.     

‘Outdoing Lewis Carroll’: Judicial Rhetoric and Acceptable Fictions

This paper examines the functions of narrative within legal argumentation. My purposes are these: 1) to repudiate common assumptions that differentiate argumentation and storytelling in the law; 2) to begin to theorize anew how legal argumentation functions; 3) to explore the difficulties of evaluating the law's argumentative narratives; and 4) to trace some of the anxiety that judges themselves reveal about their roles as storytellers. I conclude that narrative is necessary to law's claims to authority, even as it complicates our understandings about how legislative policy decisions produce effects, and even as judges themselves seek to mask its importance.     

ASSESSMENT AND TREATMENT OF DESTRUCTIVE BEHAVIOR MAINTAINED BY STEREOTYPIC OBJECT MANIPULATION

In the current investigation, 2 participants with mental retardation displayed property destruction and stereotypy, and both responses involved the same materials (e.g., breaking and tapping plastic objects). Three experiments were conducted (a) to indirectly assess the functions of these two responses, (b) to determine their relation to one another, and (c) to develop a treatment to reduce the more serious behavior, property destruction. In Experiment 1, previously destroyed materials were either present or absent, and their presence reduced property destruction but not stereotypy. In Experiment 2, matched toys (ones that produced sensory stimulation similar to stereotypy) were either present or absent, or were replaced by unmatched toys (for 1 participant). Matched toys produced large reductions and unmatched toys produced small reductions in property destruction and stereotypy. In Experiment 3, attempts to pick up undestroyed objects were either blocked or not blocked while matched toys were continuously available. Response blocking reduced property destruction (and attempts), prevented stereotypy, and increased manipulation of matched toys. These results suggest that the two aberrant responses formed a chain (e.g., breaking and then tapping the object), which was maintained by the sensory consequences (e.g., auditory stimulation) of the terminal response, and that previously destroyed material or matched toys made the initial response (property destruction) unnecessary.     

欧洲大陆法律心理学述评

对欧洲大陆国家的法律心理学发展状况作了述评。全文包括３部分：对相关概念（犯罪心理学、审判心理学、法律心理学、司法心理学）的辨析;欧洲大陆国家法律心理学的现状;简要评价。     

Investigation into Combinatory Systems with Dual Combinators

Combinatory logic is known to be related to substructural logics. Algebraic considerations of the latter, in particular, algebraic considerations of two distinct implications (, ), led to the introduction of dual combinators in Dunn & Meyer 1997. Dual combinators are "mirror images" of the usual combinators and as such do not constitute an interesting subject of investigation by themselves. However, when combined with the usual combinators (e.g., in order to recover associativity in a sequent calculus), the whole system exhibits new features. A dual combinatory system with weak equality typically lacks the Church-Rosser property, and in general it is inconsistent. In many subsystems terms "unexpectedly" turn out to be weakly equivalent. The paper is a preliminary attempt to investigate some of these issues, as well as, briefly compare function application in symmetric -calculus (cf. Barbanera & Berardi 1996) and dual combinatory logic.     

Some Properties of Orthologics

In this paper, we present three main results on orthologics. Firstly, we give a sufficient condition for an orthologic to have variable separation property and show that the orthomodular logic has this property. Secondly, we show that the class of modular orthologics has an infinite descending chain. Finally we show that there exists a continuum of orthologics.     

Reasoning with Factors

The paper proposes an analysis and a formalisation of factor-based reasoning. After examining the relevance of factors in legal reasoning, binary and scalable factors (dimensions) are distinguished and the relations between them are discussed. An account of a fortiori reasoning with both types of factors is developed. This article reports ideas which are discussed and developed in Sartor (2005). We refer to the latter work for the theoretical framework in which our analysis of factors is embedded.     

The growing complexity of international policy in intellectual property

Intellectual property has historically been a self-contained policy at the international level. With the introduction of the TRIPs Agreement in 1994 and developments since the conclusion of the TRIPs Agreement, the relationship between intellectual property policy and other areas of public policy has become much more complex and interactive. This shift reflects the centrality of intellectual property in the knowledge economy, the rapid development of enabling technologies, notably the Internet and biotechnology, and the advent of the networked society. The consequences of this shift are manifold and herald the increased sophistication and complexity that may be expected of intellectual property regimes in the knowledge economy. An earlier version of this paper was presented at an international conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.