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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.