1,721,016 research outputs found
Ragionamento e persuasione nel diritto
No full textIl capitolo illustra il ruolo che logica, retorica e dialettica svolgono nell’ambito del diritto, in particolare nell’ambito giudiziario. Il primo paragrafo è dedicato a un esame delle forme fondamentali di ragionamento (deduzione, induzione, abduzione), e ai relativi criteri di validità e correttezza (soprattutto validità e correttezza deduttiva). Il secondo paragrafo tratta dei mezzi di prova e del sistema classico della retorica. Infine il terzo paragrafo fornisce una breve trattazione della dialettica a partire da Aristotele
Betting and Presuming: From God’s Existence to Morality and Law
Full text linkPascal famously argued that since God transcends the rational domain of demonstration, we must bet on his existence. Less famously, Leibniz claimed that in the absence of a full-fledged demonstration of God’s existence, we at least have to presume, that is to say, to assume, that he exists until the contrary is proved. Aside from marking a significant contrast between these two leading figures of modern philosophy (Leibniz would later reproach Pascal for having “paid attention only to moral arguments”), these two stances are at the origin of two independent developments: decision theory and presumptive reasoning, respectively. In this paper we will provide a critical account of Pascal’s and Leibniz’s lines of thought by first presenting the original arguments and then reconstructing them in light of the developments they gave rise to. Finally, we will advance some remarks about the interplay of presumption and probability in Leibniz’s approach to morality and law
Costruttivismo, realismo e ragion pratica
No full textIl saggio esamina i fondamenti metaetici della teoria del discorso pratico razionale di Robert Alexis. Tale teoria è trattata come un caso paradigmatico di teorica “costruttivista”. Dopo aver delineato in generale le ragioni del costruttivismo, il saggio procede ad illustrarne le difficoltà concentrandosi soprattutto sul problema rappresentato dal cosiddetto “Dilemma di Eutifrone”. Vengono quindi esaminate alcune classiche vie d’uscite costruttiviste al dilemma. La conclusione è che la teoria di Alexy soffre di tutte le classiche (e insormontabili) difficoltà del costruttivismo
Defeasibility and God's Existence
No full textThe paper provides a logical and philosophical analysis of Leibniz’s “presumptive” proof of Gods’ existence. In particular it stresses the close analogy between Leibniz’s method of argument and the kind of inference rules articulated by current nonmonotonic logics (e.g. default logic)
Leibniz as a jurist
No full textChapter Online Publication Date: Jul 2016. The table of contents will continue to grow as additional articles pass through the review process and are added to the site.This chapter discusses Leibniz’s contribution to legal theory and the significance of his legal engagements for his intellectual development. It opens by presenting Leibniz’s legal career, listing the sequence of legal offices he assumed and the series of often related writings addressing legal matters. It presents Leibniz’s early legal works, where a new approach to legal scholarship and decision-making is proposed that merges positive and natural law and enriches the law with methods and knowledge from logic, mathematics, physics, and philosophy. This new synthesis provides the basis of his proposed reform of legal education. Leibniz’s relation to Roman law is then considered, focusing on the role of Roman tradition in his approach to law and justice. The last two sections address Leibniz’s logic of deontic modalities and his view of legal reasoning as being both dialectical and presumptive
Leibniz: Logico-Philosophical Puzzles in the Law. Philosophical Questions and Perplexiong Cases in the Law
No full textThis volume presents two Leibnizian writings, the Specimen of Philosophical Questions Collected from the Law and the Dissertation on Perplexing Cases. These works, originally published in 1664 and 1666, constitute, respectively, Leibniz’s thesis for the title of Master of Philosophy and his doctoral dissertation in law. They are among Leibniz’s earliest published works, and among the very few ones published during his life. Besides providing evidence of the earliest development of Leibniz’s thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz’s reflections on a striking variety of logico-philosophical puzzles drawn from the law. The Specimen addresses puzzling issues resulting from apparent conflicts between law and philosophy (the latter broadly understood as comprising also mathematics, as well as empirical sciences). The Dissertation addresses cases whose solution is puzzling because of the convoluted logical form of legal dispositions and contractual clauses, or because of conflicting priorities between concurring parties. In each case, Leibniz dissects the problems with the greatest ingenuity, disentangling their different aspects, and proposing solutions always reasonable and sometimes surprising. And he does not refrain from peppering his intellectual acrobatics with some humorous comments
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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