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21. Balkan Journal of Philosophy: Volume > 1 > Issue: 2
Mladen Domazet On What Value, My Lord? How Values Intervene in Hard Legal Cases
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The paper confronts the issue of single jurisprudence facing a value (-system) pluralism, the one often arising nowadays. Starting from the Raz – B. Williams debate, it outlines a proposal close to Raz’s but ontologically less demanding.
22. Balkan Journal of Philosophy: Volume > 1 > Issue: 2
Alexandru Boboc “Pragmatic Turn” in Contemporary Thinking. the Pragmatic Dimension and Shaping of the Pragmatic
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The study of a pragmatic dimension of semiotics appears only late in the history of this discipline. “Pragmatics” seems the last one called into the dispute of signs. The following study focusses on semiotics and the theory of action, stressing the distinction between “pragmatism” and “practical” matters within this philosophical discipline. The theory of “speech acts” is investigated and related to the new perspectives opened in the semiotics in order to highlight furtheravenues for research.
23. Balkan Journal of Philosophy: Volume > 1 > Issue: 2
Peter R. Costello Towards A Phenomenology Of Gratitude—A Response To Jean-Luc Marion
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Jean Luc-Marion’s assertion that Heidegger has not sufficiently addressed the notion of gratitude and the Call is incorrect. Based on Heidegger’s discussion in What is Called Thinking? of thankfulness and its relation to thinking, I argue that Heidegger indeed articulates a place for gratitude as the proper situation, the proper attitude of phenomenology. While I make an apology for Heidegger, I also note, however, that Husserl’s own discussions require more authentic reappraisal within the context of Heidegger’s work, thereby reinforcing the notion that gratitude has something to say in terms of the way phenomenology getsbuilt up over time, both in form and content.
24. Balkan Journal of Philosophy: Volume > 1 > Issue: 2
Information for contributors
25. Balkan Journal of Philosophy: Volume > 1 > Issue: 2
Alexandru Boboc The Philosophy of Culture by Marin Aiftincă
26. Balkan Journal of Philosophy: Volume > 10 > Issue: 1
Note from the Editorial Board
27. Balkan Journal of Philosophy: Volume > 10 > Issue: 1
Valerie Gray Hardcastle Intellectual Disability, Brain Damage, and Group-to-Individual Inferences: How the U.S. Court System Uses Neuroscience Data
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In this essay, I home in on the difficulties with group-to-individual (G2i) inferences in neuroscience and how they impact the legal system. I briefly outline how cognitive shortcutting can distort legal decisions, and then turn my attention to G2i inferences, with a special focus on issues of intellectual disability and brain damage. I argue that judges and juries are not situated to appreciate the nuances in brain data and that they are required to make clinical decisions without clinical training. As a result, they effectively ignore those responsibilities and simply decide cases in virtue of what they already believe to be true. How judges actually make decisions in highstakes criminal cases is troubling, but they are also hamstrung in a variety of ways.
28. Balkan Journal of Philosophy: Volume > 10 > Issue: 1
Drozdstoy St. Stoyanov Psychiatry and neurolaw: An Essay on the Mind-Brain Problem and Legal Proof
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The aim of this paper is to highlight the rationale behind the use of data from neuroscience, particularly neuroimaging, in psychiatric legal expert procedures and their interference with the mind-brain problem.The critical argument is that the employment of mental health evaluation of the defendants and/or witnesses as collected with clinical assessment methods in court proceedings should not be considered irrespective to the data from neuroscience. Essentially, neuroscience methods belong to the domain of nomothetic (natural explanatory) knowledge, whereas clinical evaluation methods in psychiatry belong to the domain of intra- and inter-subjective narratives. There exists an explanatory gap between those two groups of disciplines which concerns the ability to translate and integrate data across diverse methodological and terminological systems. Furthermore, it depends largely on the implicit positions in the mind-brain debate and the brain-to-behavior connections, which reflect on the professional and legal reasoning in terms of prioritizing certain solutions or approaches over another in the expert judgements. There are described those tacit positions adopted in the mind-brain debate by different traditions in psychiatry, with special emphasis on reductive and non-reductive forms of physicalism.In conclusion, a cognitive pluralist stance is adopted which sets priority for the supervenience theory of mind.
29. Balkan Journal of Philosophy: Volume > 10 > Issue: 1
Toma Strle, Olga Markič Looping effects of neurolaw, and the precarious marriage between neuroscience and the law
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In the following article we first present the growing trend of incorporating neuroscience into the law, and the growing acceptance of and trust in neuroscience’s mechanistic and reductionistic explanations of the human mind. We then present and discuss some studies that show how nudging peoples’ beliefs about matters related to human agency (such as free will, decision-making, or self-control) towards a more deterministic, mechanistic and/or reductionistic conception, exerts an influence on their very actions, mentality, and brain processes. We suggest that the neuroscientific view of the human mind exerts an influence on the very cognitive phenomena neuroscience falsely believes to be studying objectively. This holds especially when we consider the systematic integration of neuroscience into the public domain, such as the law. For, such an integration acts as a reinforcement of the public’s and legal decision-makers’ endorsement of and trust in neuroscience’s view of human nature that further changes how people think and act. Such looping effects of neurolaw are probably inevitable. Accordingly, we should be aware of the scope of neuroscientific explanations and be careful not to overstate neuroscientific evidence and findings in legal contexts.
30. Balkan Journal of Philosophy: Volume > 10 > Issue: 1
Bartosz Janik, Maciej Próchnicki Naturalizing the subjective side of the crime: a few introductory remarks on the role of consciousness in criminal law based on American and Polish examples
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Advancements in neuroscience cast new light on the functioning of the human mind. This is especially important within the context of criminal law, wherein consciousness plays a crucial role in determining criminal responsibility. Yet, there are some caveats in the direct application of these new findings, most of which are related to the specific conceptual framework of law based upon commonsense knowledge and (sometimes) outdated psychology. This framework has also produced different doctrines of interpretation in the systems of common and civil law. Moreover, the goals of the law are to some extent different from scientific research on the brain. The aim of this study is to assess to what extent and under what interpretation scientific knowledge concerning consciousness might be useful for legal purposes, especially for the criminal law. Our assessment is that most of the current concepts of criminal law are directly related to outdated psychological and neuroscientific theories, and that the content of those concepts should be updated according to the newest scientific findings while remaining in accordance with the primary functions of criminal law.
31. Balkan Journal of Philosophy: Volume > 10 > Issue: 1
Adebayo Aina Retributivist Theory of Punishment: Some Comments
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The Retributivist approach to punishment attempts to address the challenges posed by utilitarian conception that punitive actions should strictly be associated with a costeffective means to certain independently identifiable goods at the expense of justice. Justice proffers how the guilty deserve to be punished and no moral consideration relevant to punishment outweighs an offender’s criminal desert. However, this just desert provokes difficulty in discerning proportionality between the moral gravity of each offence and the specific penalties attached. This consequently degenerates to another form of ‘lex talionis’ (revenge) in punitive justice.
32. Balkan Journal of Philosophy: Volume > 10 > Issue: 1
Anton Donchev Applying Confirmation Theory to the Case against Neurolaw
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Neurolaw is the emerging research field and practice of applying neuroscientific knowledge to legal standards and proceedings. This intersection of neuroscience and law has put up some serious claims, the most significant of which is the overall transformation of the legal system as we know it. The claim has met with strong opposition from scholars of law, such as Michael Pardo and Dennis Patterson (2011), who argue that neurolaw (and neuroscience more generally) is conceptually wrong and thus perceive most of it as “nonsense” (Patterson, 2003). I expose a flaw in Pardo and Patterson’s arguments by means of confirmation theory. My main point is that Pardo and Patterson use implicit hypothetico-deductivism in their attack on neurolaw, and that we have good reasons to doubt the employment of such a model, because it faces serious theoretical problems. I then demonstrate how the alleged problems associated with neurolaw disappear if we use a quantitative probabilistic account of confirmation. I also explain why it provides a better account for the way the legal system actually works.
33. Balkan Journal of Philosophy: Volume > 10 > Issue: 1
Hari Narayanan V Freedom, Responsibility and Jurisprudence
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This paper seeks to argue that advances in the study of freewill and responsibility are directly relevant to jurisprudence. Following Daniel Dennett attempts to discredit the existence of freewill with the help of experiments can be checked by arguing that freedom should be understood as something that has evolved over time rather than being a pre-existent feature of our species. The major function served by freedom is to ensure responsibility for actions. This understanding of freedom as something that evolved to enhance responsibility suggests that freedom can be developed further. This can be understood as enhancing the ability to follow social norms by overcoming factors that limit responsibility. Jurisprudence has to take into account the ability to follow norms as a variable, even within the category of adults, and treat violations accordingly. Further, efforts to enhance the capacity to be free from habitual reactions need to be made part of education, and the state has to focus on this aspect without which the task of ensuring adherence to law of citizens will remain incomplete.
34. Balkan Journal of Philosophy: Volume > 2 > Issue: 1
Zorica Kuburic, Ana Kuburic Degree of Trust in the Western Balkans and Bulgaria
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This article depicts empirical research conducted in the Western Balkans and Bulgaria (project Balkan Monitor 2006 conducted by the Gallup Europe) that is geared towards the trust that citizens have in national and international institutions, as well as people in general. Empirical research provides a realistic picture of trust as seen from the inside. According to the data collected, within the general population, the strongest percentage was given to neighbors, followed by the police and European Union. A considerable degree of attention was given to interreligious confidence and focus was placed on the number of adepts of a particular faith and the degree of confidence. From Islam, Orthodoxy and Catholicism to Protestantism, the degree of confidence diminishes, as well as the number of adherents, which points out to the relationship between minority and majority. The findings suggest that the degree of trust towards religious communities comes as a dominant attitude which means that these are the institutions that merit the greatest degree of trust. The exceptions are Albania and Kosovo where NATO comes first, whereas in Serbia NATO comes last. Ex- communists enjoy trust from 4% of the respondents whereas 24% completely rejects them. 8% of the respondents have a lot trust in people in general whereas 9% have no trust in people at all. For the purposes of this paper we will depict only a number of questions related to the degree of trust in various countries.
35. Balkan Journal of Philosophy: Volume > 2 > Issue: 1
Ivan Katzarski Trust, Social Capital, and Social Well-Being (Values and Power Relations in the Late Modernity)
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The aim of this paper is to analyze Robert Putnam’s and Francis Fukuyama’s theses and the views of many other their adherents about trust and social capital. At the beginning, basic concepts are defined, and a brief characterization of the arguments is offered. But in its major part, the article is critical. Firstly, a series of empirical research results are presented, which do not go together with and are even in direct contradiction to the points of the ideas under discussion. Secondly, an analysis is offered, presenting their theoretical setbacks: exaggeration of the role of trust and “free associations” in economic and political life, which in its turnleads to reversing causal relationships and concealing real problems; incorrect use of the idea of culture and the values linked to it where major parameters of power relationships remain concealed.
36. Balkan Journal of Philosophy: Volume > 2 > Issue: 1
Claudiu Baciu Cultură modernă si “tradiţie de cultură” [Modern Culture and "Cultural Tradition"] by Alexandru Boboc
37. Balkan Journal of Philosophy: Volume > 2 > Issue: 1
Wolfhart Henckmann Remarks on Trust
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My remarks on trust follow an anthropological perspective. Referring to an everyday-knowledge of trust in ordinary language, trust is understood as a functional relation, which develops into many varieties, mostly in the social sphere, but also in the religious and subjective sphere. Further remarks relate to an ontogenesis of trust, to the element of cognition in trust, trust in oneself, in God and in nature.
38. Balkan Journal of Philosophy: Volume > 2 > Issue: 1
Adolfo García de la Sienra Christian Faith as Trust
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Thomas Aquinas and the Scholastic tradition have defined the noetic content of Christian faith, fide, as a sort of ungrounded belief — not knowledge — motivated by grace. Calvin and the Reformed tradition, instead, have seen that content as a sort of knowledge made possible by grace. Both theologians agree that faith produces trust in God, but the way they respectively understand the ground of such trust depends upon their respective ways of understanding the noetic content of faith. The aim of the present paper is to to explain in what sense Christian faith, as understood by John Calvin, is or involves a certain kind of trust or reliance.
39. Balkan Journal of Philosophy: Volume > 2 > Issue: 1
Gábor Kutrovátz Trust in Experts: Contextual Patterns of Warranted Epistemic Dependence
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Recent work in social and cultural studies of science and technology has shown that the ‘epistemic dependence’ of laypeople on experts is not a relation of blind trust, but typically and necessarily involves critical assessment of expert testimonies. Normative epistemologists have suggested a number of criteria, mostly of contextual nature since expert knowledge means restricted cognitive access to some epistemic domain, according to which non-experts can reliably evaluate expert claims; while science studies scholars have concentrated on how laypeople can come to warranted decisions about technical matters on non-technicalgrounds. Instead of addressing the problem transcendentally (how such decisions are possible) or normatively (how such decisions should be reached), this paper contrasts the recommendations available in the literature with the empirical findings of a rough case study concerning the public reaction to the H1N1 vaccine issue. Awareness of how lay people do come to such decisions may inform and refine normative philosophical investigations.
40. Balkan Journal of Philosophy: Volume > 2 > Issue: 1
Esther Oluffa Pedersen A Two-Level Theory of Trust
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The chief aim of the paper is to argue for a two-level theory of trust consisting of basic and intentional trust. The paper sets out by comparing the concepts of trust and justice to highlight the double meaning of trust as a descriptive social phenomenon and an evaluative normative term. It is subsequently argued that the conceptions of trust known from political science and recent philosophical debates of trust do not capture this double meaning of trust as the former focuses on trust as a social phenomenon while the latter focuses on the normative aspect. As an alternative I develop a two-level theory of trust where basic trust, understood in accordance with sociologist Harold Garfinkel’s conception of trust, is combined with a conception of intentional trust as a willed response to breaches in the social expectancies. Finally, the social philosophical consequences of the two-level theory of trust are indicated in a brief recapitulation of the comparison of trust and justice.