scholarly journals Self, free will and the place of brain in the legal domain

2021 ◽  
Author(s):  
Chetan Sinha

The movements to understand the free will and choice, which is empirically apparent to the observer, is contested by brain science. Further explorations about intentions, reasons along with deception have brought the meaning of self and agency under re-examination. However, a triangulated picture with other scientific evidence may make the picture clear. The aim will be to ponder upon the free will, law and brain determinism. Since brain studies are emerging as an important interdisciplinary domain such as law and psychology, it may be interesting for readers to have a knowledge about the common-sense understanding of brain functioning and how it connects to the philosophical problems of solipsism and knowledge of other minds, freedom of actions, purpose and the will. Not apart from this, the conceptual errors and further debates speculated by the legal theorists and social scientists in the integration of law and neuroscience which has empirical, practical and ethical implications will be highlighted

Author(s):  
TIM BAYNE

This chapter examines what is arguably the most influential rebutting objection in the current literature, an objection that appeals to Benjamin Libet's studies concerning the neural basis of agency. Although Libet himself stopped short of endorsing free will scepticism on the basis of his results, other theorists have not been so cautious, and his work is often said to show that we lack free will. It is argued that Libet's findings show no such thing. However, Libet's experiments do raise a number of interesting and important questions for accounts of free will. In particular, Libet's experiments raise challenging questions about the analysis of the concept of free will. In order to determine whether brain science supports free will scepticism we need not only to understand the relevant brain science, we also need to understand just what the common-sense or folk notion of free will commits us to. The latter requirement may be as difficult to meet as the former one is.


2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.


2015 ◽  
Vol 77 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Shannon Hoff

AbstractThis paper aims to illuminate the ongoing significance of Locke's political philosophy. It argues that the legitimacy of political authority lies, according to Locke, in the extent to which it collaborates with individuals so as to allow them to be themselves more effectively, and in its answerability to the consent such individuals should thereby give it. The first section discusses how the free will inevitably asserts its authority; the second shows the inevitability of the will's incorporation of authority as a kind of prosthesis, which in turn transforms the operation of the will; and the third treats the issue of consent, arguing that Locke is less interested in explicit acts of consent than in the norm of consent, in answerability to which structures of authority should be shaped so as to honor the beings whose capacity to consent is definitive for them.


Author(s):  
Raza Mir

Purpose The purpose of this paper is to argue that rather than contest the artificial schism produced by social scientists between “qualitative” and “quantitative” research, we should to accept this binary, however, contingently, and use it productively. This would be an act of “strategic essentialism” that would allow us to be productive in the research and inquiry. Design/methodology/approach The paper uses postcolonial theory to make a case for contingent representation, i.e. using artificial categories to carve out a space for heterodox theoretical approaches. Findings Researchers devoted to qualitative research must resist thinking, speaking and evaluating that research using quantitative thinking. Also, while ethical considerations are paramount in qualitative research, we need to debunk the narrow understanding of ethics as “following rules.” Also, qualitative researchers need to be aware of the institutional pulls that the research will be subject to, and also be ready to resist them. Originality/value This paper discusses how good research resists the siren call of institutionalization. It challenges the “common sense” assumptions of the field and brings them into the realm of the questionable. It seeks to theorize the untheorizable, and anthropologize the dominant.


2019 ◽  
Vol 2 (1) ◽  
pp. 10-23
Author(s):  
Maricica Munteanu

The present article explores the collective imaginary of the cenacle, referring to the case of Viața românească literary group from Iași, focussing on the bodily community and its representations in the common space, understood as space-in-common. This approach shifts the interest from the ideological component that is the ‘poporanism’, as promoted by Viața românească revue, to the ethical and social aspects of the community. This does not mean that the bodily community is “more real” than the ideological community, or that it translates with fidelity the common practices of the cenacle; the bodily community is in fact another form of representation, a phantasm of the living-together, analysed through Roland Barthes’s theory as the space where solitude and sociability coexist. The corporal representations of the community, always engaged in an ethical debate, is further discussed through two manners of the living-together: the gesture and the rhythm. The theoretical reference of this analysis is Marielle Macéʼs book Styles. Critique de nos formes de vie, which proposes a formal approach of life, concentrating on the ethical implications. The issues derived from this sort of reading state the relation between the body and the environment, the vicinities and the somatic interactions between the members of the cenacle, the adjustment of distances, and the maintenance of solitude inside the community. The gestures, attitudes, behaviour, verbal and non-verbal tics, clothing, the manners of speech or the rhythm of doing certain things are seen not as marks of personal identity that positions itself inside the spaces of power, but as collective signs, as form of encounter and interaction, of exposure to the others but also responsiveness of the others, of expropriation as well as appropriation, of affirmation as well as alteration of the forms of life.


2005 ◽  
Vol 67 (2) ◽  
Author(s):  
Scott A. Moss

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as “essential to free enterprise” and “central to the free market,” but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of two states illustrates: One state accepts exception X to protect employees while rejecting exception Y to maintain employment at will; yet on the same rationales, the other accepts exception Y while rejecting X.


Artifex Novus ◽  
2019 ◽  
pp. 58-75
Author(s):  
Anna Sylwia Czyż

ABSTRAKT Sprowadzone do Wilna między 1616 a 1618 r. benedyktynki utworzyły niewielką i skromnie uposażoną wspólnotę. Ich sytuacja zmieniła się w 1692 r., kiedy to dzięki bogatym zapisom Feliksa Jana Paca mogły wystawić murowany kościół konsekrowany w 1703 r. Hojność podkomorzego litewskiego nie była przypadkowa, bowiem do wileńskich benedyktynek wstąpiły jego córki Sybilla i Anna, jedyne potomstwo jakie po sobiepozostawił. Z nich szczególne znaczenie dla dziejów klasztoru miała Sybilla (Magdalena) Pacówna, która w 1704 r. została wybrana ksienią. Nie tylko odnowiła ona życie wspólnoty, ale stała się również jedną z najważniejszych postaci ówczesnego Wilna. Po pożarze w 1737 r. Sybilla Pacówna energicznie przystąpiła do odbudowy klasztoru i kościoła, którą kończyła już jej następczyni Joanna Rejtanówna. Wzniesioną wówczas według projektu Jana Krzysztofa Glaubitza fasadę ozdobiono stiukowo-metalową dekoracją o indywidualnie zaplanowanym programie ideowym odwołującym się i do tradycji zakonnej i rodowej – pacowskiej. W fasadzie wyeksponowano ideały związane z życiem benedyktyńskim sytuując je wśród aluzji o konieczności walki na płaszczyźnie ducha i ciała, włączając w militarną symbolikę także konieczność walki z wrogami Kościoła i ojczyzny oraz charakterystyczną dla duchowości benedyktyńskiej pobożność związaną z krzyżem w typie karawaka oraz zOpatrznością Bożą. Jednocześnie przypominano o bogactwie powołań w klasztorze benedyktynek wileńskich przyrównując mniszki do lilii. Porównanie to dzięki obecności w fasadzie herbu Gozdawa (podwójna lilia) oraz powszechnego w XVII i XVIII w. zwyczaju określania Paców „Liliatami” można było odnosić także do ich rodu, w tym do zasłużonej dla klasztoru ksieni Sybilli. Tak mocne wyeksponowanie fundatorów było nie tylko chęciąupamiętnia darczyńców, ale wraz z całym architektonicznym i plastycznym wystrojem świątyni wiązało się z koniecznością stworzenia przeciwwagi dla nowego i prężnie rozwijającego się pod patronatem elity litewskiej klasztoru Wwizytek w Wilnie. Przy tym charakter dekoracji fasady kościoła pw. św. Katarzyny wpisuje się w inne fundacje Paców: kościół pw. św. Teresy i kościół pw. śś. Piotra i Pawła będąc ostatnią ważną inicjatywą artystyczną rodu w stolicy Wielkiego Księstwa Litewskiego. SUMMARY The Benedictines, who had been brought to Vilnius between 1616 and 1618, formed a small and modest community. Thanks to the generous legacy of Feliks Jan Pac, in 1692 their situation changed as they could erect a brick church, which was then consecrated in 1703. The generosity of the Lithuanian chamberlain was not a coincidence; his two daughters, Sybilla and Anna, the only offspring he left, had joined the Benedictine Sisters in Vilnius. Sybilla (Magdalena) Pac, who became an abbess in 1704, was particularly important for the history of the monastery. Not only did she renew the community life, but she also became one of the most important personalities of the then Vilnius. After the fire in 1737 Sybilla Pac vigorously started rebuilding the monastery and the church, which was completed by her successor, Joanna Rejtan. The facade which was then erected after Johann Christoph Glaubitz’s design was adorned with stucco and metal decorations with a perfectly devised ideological programme which referred to the tradition of the order and to the one of the Pac family. The facade presented ideals connected with the Benedictine life, which placed them among the hints of having to fight at the level of spirit and body, incorporating among the military symbols also the need to fight the enemies of the Church and the state, and the typical for the Benedictine spirituality piety connected with the Caravaca cross and the Divine Providence. At the same time, it reminded of the Benedictine vocations comparing nuns to lilies. This comparison, due to the presence of the Gozdawa coat-of-arms (double lilie) and the common nickname of the Pac family in the 17th and 18th cc. “the Liliats”, could also apply to their lineage, including the abbess Sybilla and her services to the monastery. Exposing founders in such an emphatic way was not only the will to immortalise them, but was also, together with the entire architectural and artistic decor of the church, connected with the need to counterbalance the new and dynamicallydeveloping Visitation Monastery in Vilnius. At the same time, the nature of the facade decoration of the Church of St. Catherine is in line with other foundations of the Pac family: St Theresa’s Church and the St Peter and St Paul Church, and was the last significant artistic initiative of the family in thecapital of the Grand Duchy of Lithuania


2020 ◽  
Vol 6 (2) ◽  
pp. 135-161
Author(s):  
Diego Alejandro Borbón Rodríguez ◽  
◽  
Luisa Fernanda Borbón Rodríguez ◽  
Jeniffer Laverde Pinzón

Advances in neurotechnologies and artificial intelligence have led to an innovative proposal to establish ethical and legal limits to the development of technologies: Human NeuroRights. In this sense, the article addresses, first, some advances in neurotechnologies and artificial intelligence, as well as their ethical implications. Second, the state of the art on the innovative proposal of Human NeuroRights is exposed, specifically, the proposal of the NeuroRights Initiative of Columbia University. Third, the proposal for the rights of free will and equitable access to augmentation technologies is critically analyzed to conclude that, although it is necessary to propose new regulations for neurotechnologies and artificial intelligence, the debate is still very premature as if to try to incorporate a new category of human rights that may be inconvenient or unnecessary. Finally, some considerations on how to regulate new technologies are explained and the conclusions of the work are presented.


Sententiae ◽  
2020 ◽  
Vol 39 (2) ◽  
pp. 29-45
Author(s):  
Oleh Bondar ◽  

In the book “Freedom of the Will”, Jonathan Edwards (1703-1758) put forward a strong ar-gument for theological fatalism. This argument, I suppose, can be considered as the universal basis for discussion between Fatalists and Anti-Fatalists in the 20th century, especially in the context of the most powerful argument for fatalism, introduced by Nelson Pike. The argument of Edwards rests upon the following principles: (a) if something has been the case in the past, it has been the case necessarily (Necessity of the past); (b) if God knows something (say A), it is not the case that ~A is possible (Infallibility of God`s knowledge). Hence, Edwards infers that if God had foreknowledge that A, then A is necessary, and it is not the case that someone could voluntarily choose ~A. The article argues that (i) the Edwards` inference Kgp → □p rests upon the modal fallacy; (ii) the inference „God had a knowledge that p will happen, therefore „God had a knowledge that p will happen” is the proposition about the past, and hence, the necessarily true proposition“ is ambiguous; thus, it is not the case that this proposition necessarily entails the impossibility of ~p; (iii) it is not the case that p, being known by God, turns out to be necessary. Thus, we can avoid the inference of Edwards that if Kgp is a fact of the past, then we cannot freely choose ~p. It has also been shown that the main provisions of the argument of Edwards remain significant in the context of contemporary debates about free will and foreknowledge (Theories of soft facts, Anti-Ockhamism, theories of temporal modal asymmetry, „Timeless solution”). Additionally, I introduce a new challenge for fatalism – argument from Brouwerian axiom.


2020 ◽  
Vol 24 (3) ◽  
pp. 658-672
Author(s):  
Pavel L. Likhter

The research is devoted to topical issues of law in the field of neuromarketing. The transition from commodity economy to economy of impressions is largely due to application of modern methods of monitoring brain functioning in order to increase efficiency of production and trading strategies. Due to the potential ability to influence the decision-making process of clients, neuromarketing attracts mixed opinions from lawyers and psychologists. The current legislation does not provide an appropriate level of regulation of neuroscience and their results in the market. At the same time, the precontractual impact on the consumer may contain signs of distorting the principles of freedom of contract, good faith, and reasonableness. The article proposes to consider the rational behavior of an individual - one of the main presumptions of civil law - from a new perspective, given the current results of neuropsychological research and ethical and legal aspects of social relations. The results of the work allow to speak about fundamental possibility of limiting the dynamic form of free will in a contractual obligation (up to the refusal of a transaction) if there are conditions related both directly to the psychophysiological characteristics of the counterparty and the pe-culiarities of neuromarketing effects under a specific contract. The relevance of hierarchical concepts of autonomy of will is noted; these are the situations when an individual choice is subject to legal protection, if it reflects a genuine will, consistent with the essential goals and values of the person. The absence of defects in awareness and voluntariness in such cases is a key aspect of principles of freedom of contract and reasonableness associated with a conscious decision when entering an obligation.


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