scholarly journals The bioethics of “malice” and the concept of imputability in the criminal trial, in the light of the Orlando reform and the contribution of neuroscience to the forensic psychopathology

2018 ◽  
pp. 81-93
Author(s):  
Celeste Oranges
Keyword(s):  
Free Will ◽  
Personality Disorders ◽  
Human Behavior ◽  
Human Mind ◽  
Point Of View ◽  
Monoamine Oxidase A ◽  
Anterior Cingulate ◽  
Causal Determinism ◽  
Starting Point ◽  
The Subject

Malice, crime and madness have in themselves an intrinsically fascinating nature, which has led scholars of all kinds to question on their relationship, on their genesis, but also on their same semantic meaning. For some time, the legal professions are discussing on the original or derived essence of the wickedness and its incidence of the same mental health of the “bad” individual, without leading to certain answers. After all, a rigid and univocal solution of complex problems can lead to erroneous and dangerous conclusions since the human behavior does not lend to simplistic explanations. Our inborn inclination in the need to achieve clarifying answers and that will undermine our need to distinguish the world in good and bad, right and wrong, healthy or crazy, bad or good, leads to the creation of watertight concepts, meaningless of real results. Paradoxically we more persist in the search for clear and define solutions the more we move away from the reality of the facts. This being the case does not involve the renunciation of investigating the mechanisms that regulate the human behavior, but sets the basis to make a realistic investigation. The human act is not determined by a single factor, whether biological, psychological or environmental, but from multiple reasons and also from an intangible component of randomness. So, also the action of the villain or the criminal cannot be explained through a blind causal determinism, but through the use of medicines, of the psychology, of the anthropology and all others sciences useful to provide additional factors to our research. However, the neuroscientific approaches are interesting, which have shown that there is a real correlation between special genes (which for example, the MAOA, Monoamine Oxidase A) or between the brain loops linked to the emphatic answer (such as the anterior cingulate cortex, the insula and the amygdala) and the attitude to crime, understood as greater violent acts by the subject examined. These objectives reached in the science must be remain unenforceable and can certainly provide a valuable contribution even to decide in the judicial matters, in order to equip the Court of more elements to decide of the guilt and of the imputability of the subject accused of a crime. Special attention must be given to the science that it is not allowed to be a guru that uncritically analyses the bases of the free will, while excluding the others probative results on which the Court must expressed his conviction, for the purpose of the judgement. In this context we place also the perennial dilemma of the vices of the human mind and the imputability. Indeed, the concept of “mental infirmity” gets a different meaning depending on whether we are considering the same medical or legal point of view.   Unique is the interpretative evolution about the concept of the mental infirmity suffered by the legal point of view, rapidly widening gap compared with the clinic concept of the mental pathology and opening doors also to so called “personality disorders”. An essential contribution to the problem arising from the Law of 23rd June 2017, n. 103, as called Orlando Reform, which introduced some amendments to the Criminal Code, to the Criminal Procedure Code and to Penitentiary system. Among the points of the Reform, of peculiar interest it’s the choice of the legislator to fill a gap in the system in terms of imputability and mental infirmity, addressing personality disorders and finally affixing the seal of legality to the doctrinal and jurisprudential theses on the subject. These theoretical principles have provided into action in the analysis of certain cases concerning blood offences, after having given a starting point on concept of free will, of mental infirmity, of determinism behavior, and on the relationship between science and Law, in a helpful interest.

XXIII.—The Feeding Mechanism, Formation of the Tube, and Physiology of Digestion in Sabella pavonina

1931 ◽  
Vol 56 (3) ◽  
pp. 537-598 ◽  
Author(s):  
E. A. T. Nicol
Keyword(s):  
Recent Work ◽  
Digestive Enzymes ◽  
Point Of View ◽  
Mya Arenaria ◽  
Ostrea Edulis ◽  
Similar Material ◽  
Feeding Mechanism ◽  
Starting Point ◽  
The Subject ◽  
Detailed Work

Recent work has directed much attention to the subject of feeding mechanisms and digestive enzymes in the Invertebrates.The groups worked on previously have been chiefly the Mollusca and the Crustacea, and it was felt that a study of the Polychætes in this connection would be of considerable interest in itself, as well as for comparative purposes. An examination of the literature showed that the amount of detailed work on the Polychætes from the physiological point of view was extremely small, and, in the case of the digestive processes, out of date. A study of the feeding mechanisms and physiology of digestion in Polychaetes has therefore been begun, choosing a filter-feeding form as a starting point, so that a direct comparison can be made with such Molluscs as Mya arenaria and Ostrea edulis, which feed on similar material.

scholarly journals Introduction to the Issue

2009 ◽  
Vol 6 (1) ◽  
pp. 3-5
Author(s):  
Katherine K. Preston
Keyword(s):  
Nineteenth Century ◽  
The United States ◽  
American Music ◽  
Point Of View ◽  
Musical Life ◽  
Nineteenth Century America ◽  
Starting Point ◽  
History Of ◽  
The Subject ◽  
The Many

The history of music in nineteenth-century America, and the place of music within American culture of the period, is an area of scholarly inquiry that recently has received increased attention. It is also, as the varied articles collected in this issue illustrate, a complex topic and an area ripe for much additional research. The four articles deal with different aspects of nineteenth-century American music history and culture; in each, however, there are also areas of overlap and intersection. All four authors use as a starting point issues that have already been the subject of some scholarly attention, and examine these topics either more thoroughly or from a new theoretical or contextual point of view. The resulting aggregate should help readers to understand better a complicated and under-explored world, for all four articles highlight the complexity of musical life in America and explore some of the many ways that cultural life in the United States reflected and resonated with that of Europe. All four authors, furthermore, either hint at or explicitly mention areas that are ripe for further research.

scholarly journals Youth: Subject-Object Status in the System of Municipal Youth Policy

2020 ◽  
Vol 20 (4) ◽  
pp. 484-488
Author(s):  
George R. Zmanovsky ◽  
◽  
Oleg V. Myasoutov ◽  
Keyword(s):  
Youth Development ◽  
Traditional Approach ◽  
Point Of View ◽  
Youth Policy ◽  
Political Processes ◽  
Starting Point ◽  
Interdisciplinary Approaches ◽  
The Status ◽  
The Subject ◽  
Object Status

The article deals with theoretical and methodological approaches to determining the subject-object status and involvement of young people in the processes of political, social, and economic development of a municipality. The starting point of the research is the assumption that the traditional approach to youth as a socio-demographic group, distinguished by socio-age and professional characteristics, does not correspond to the current dynamics of political processes occurring in municipalities and regions. From the authors’ point of view, there is a need in a different understanding of the status of youth as an active part of society, which is largely able to solve problems independently. The concept of youth development and the formation of municipal youth policy based on the analysis of conceptual interdisciplinary approaches that determine the subject-object status of youth in the system of youth policy is proposed for discussion. The article substantiates the idea of subjectivity of youth in modern social and political conditions.

scholarly journals Game Graph and Formats Approach for Mixlingual Data Ontology for Geological and Marketing Tasks

2021 ◽  
pp. 252-259
Author(s):  
Ekaterina S. Skornyakova ◽  
Dmitry V. Lichargin ◽  
Pavel V. Polunian
Keyword(s):  
Game Theory ◽  
Graph Theory ◽  
Human Behavior ◽  
Well Being ◽  
Generative Grammar ◽  
Point Of View ◽  
Forest Model ◽  
Playing Field ◽  
The Subject ◽  
Turn Over

The paper introduces a new concept – trans-forest. A forest is a complex of additional connected trees. The skeleton of the graph is the basic multi-hierarchy. Subjects and “forces” are sources of moves on the playing field of the trans-forest based on the rules of the generative grammars of Montague. Each move of all generative grammars is synchronized with the meta-generative grammar – the “daemon of time”. Each turn over a trans-forest can be done by moving the present marker on the time tree to the “Next” position. Particular attention is paid to the format tree and trans-connections between trees and its levels, since it is the format tree that determines human behavior in certain situations. An algorithm of evolutionarily justified expansions is proposed, the purpose of which is to ensure well-being for the subject himself and other subjects. The proposed trans-forest model is intended for modeling educational, language IT marketing, geological and other situations from the point of view of graph theory and game theory

scholarly journals SPEECH ACTS AND ACTIONS IN LEGAL LANGUAGE: CONCEPTUAL ANALYSIS

2020 ◽  
Vol 15 (1) ◽  
pp. 12-26
Author(s):  
Anton B. Didikin
Keyword(s):  
Human Behavior ◽  
Social Order ◽  
Speech Acts ◽  
Typical Feature ◽  
Point Of View ◽  
Legal Language ◽  
Criminal Proceedings ◽  
The Subject ◽  
The Right ◽  
Legal Character

Reconsideration of legal phenomena by legal language means is a typical feature of analytical tradition in the legal philosophy, since legal regulations are expressed not only in language, but are inextricably linked with the linguistic content of rules whilst applying them. Language as a form of communication and representation of the world is a holistic and specific phenomenon, that is localized in speech acts that form subject’s intentions and his further actions. It is necessary to count the meaningful use of signs for the reality perception, that form the language. Legal reality and its language forms are inseparable, and thus, we can learn more deeply the essence of legal phenomena by interpreting legal texts and speech acts that illustrate legal intentions and actions. So in the speech acts theory of J.L. Austin introduces the category of com missives, denoting the obligations declared by the intentions of the person (promise, agree, intend, plan, provide, allow, swear, etc.). In legal language speech acts are used with the purposes of execution, prohibition, coercion for maintenance of a social order, therefore legal discourse has performative character. Performative expressions in legal language are characterized by speech stereotypes due to repetitive procedures (for example, procedural actions in criminal proceedings or court hearings). If it is a question of acts of application of the right, from the point of view of their performative form they have declarative character, that is contain instructions and obligations of legal character. The illocutionary function of these proposals is to form a respectful attitude to the established norms, and the perlocutive force is to impose compliance with these norms. The question of the relation of speech acts and actions in a different context was considered by Gilbert Ryle. Ryle’s key thesis is that the workings of consciousness should not be described as a complex of some point operations, but rather should be understood in the context of observed human behavior. Consciousness is determined by the actions of the subject, not by the construction of metaphysical entities. As a man thinks, so he acts. If the researcher inspects the scene of the accident, the notary certifies the authenticity of the documents drawn up, and the judge gives arguments for the adoption of a legitimate judicial decision, they do not need the whole set of causality relationships in nature, or an explanation that human behavior is completely determined, that he is not free, because he can not control the mental processes in consciousness. H.L.A. Hart defines the essence of legal statements and their ascription of attributing legal value of a particular performative speech acts. The arguments on the specific features of legal statements in the context of the existing concepts of J.L. Austin, J. Searle, H. Hart and their critics.

scholarly journals Does Language Determine Our World’s Borders? The Deaf Beyond the Pale

2019 ◽  
pp. 129-138
Author(s):  
Magdalena Szpilman
Keyword(s):  
Comparative Literature ◽  
Interdisciplinary Approach ◽  
Denis Diderot ◽  
Point Of View ◽  
Starting Point ◽  
The World ◽  
Comparison Judgment ◽  
The Subject ◽  
Etienne Bonnot De Condillac ◽  
Philosophical Writings

Does Language Determine Our World’s Borders? The Deaf Beyond the PaleThe limits of our language are the limits of our worldLudwig Wittgenstein“If not in words, how did she organize her thoughts?,” asks contemporary American writer André Aciman thinking of his deaf mother. In other words, how did she organize her world – one could ask, since even if not consciously, it is often assumed that “the limits of our language are the limits of our world.” Taking Ludwig Wittgenstein’s well-known dictum as a starting point, I would like to present an interdisciplinary approach to the subject, set on the border of comparative literature, linguistics, and medicine. In my paper, using the works of Plato (Cratylus), Denis Diderot (Paradox of Acting), Étienne Bonnot de Condillac (Philosophical Writings of Etienne Bonnot Abbé de Condillac), Oliver Sacks (Seeing Voices: A Journey into the World of the Deaf), and others, I focus on how people perceive the borders (limits) of our world through the prism of language. Is language just a prosthesis, a grafted limb one can live without? Do hands speak more intimately than words? Or maybe deafness is more of a disability than blindness? Is hearing essential for creating memory, allowing comparison, judgment and association of ideas? From a medical point of view, it is impossible to develop speech without hearing. So how does not hearing and therefore not speaking limit our world? Does it at all? Czy język określa granice naszego świata? Głusi poza nawiasemGranice naszego języka są granicami naszego świata.(Ludwig Wittgenstein)Jeśli nie w słowach, jak organizowała swoje myśli? – pyta współczesny amerykański pisarz André Acimana w eseju o swoje głuchej matce. Innymi słowy, można zapytać - jak organizowała swój świat - bo nawet nieświadomie wierzymy, że: granice naszego języka są granicami naszego świata. Biorąc za punkt wyjścia słynne powiedzenie Ludwiga Wittgensteina oraz wykorzystując dzieła Platona (Kratylos), Denisa Diderota (Paradoks o aktorze), Étienne’a Bonnota de Condillaca (Traktat o wrażeniach zmysłowych), Olivera Sacksa (Zobaczyć głos) i innych, analizuję postrzeganie granic świata przez pryzmat języka, w ujęciu interdyscyplinarnym, z pogranicza literatury porównawczej, językoznawstwa i medycyny. Czy język to tylko proteza, bez której można żyć? Czy ręce mówią dokładniej niż słowa? A może bycie głuchym to niepełnosprawność znacznie bardziej ograniczająca niż bycie niewidomym? Czy słyszenie jest naprawdę ważne, ponieważ odgrywa kluczową rolę w tworzeniu pamięci, umożliwiając porównywanie, ocenianie i tworzenie skojarzeń? Słyszenie, z medycznego punktu widzenia, jest niezbędne do wykształcenia mowy. Jak zatem niesłyszenie, a zatem niemówienie ogranicza nasz świat? Czy ogranicza?

scholarly journals Compatibilism and Conscious Will

2015 ◽  
Vol 7 (1) ◽  
pp. 61-75
Author(s):  
Michaela Košová
Keyword(s):  
Free Will ◽  
Building Blocks ◽  
Point Of View ◽  
Scientific Thinking ◽  
Conceptual Level ◽  
Unconscious Processes ◽  
Scientific Images ◽  
Important Concept ◽  
The Subject ◽  
Conscious Will

Daniel Dennett’s compatibilism based on redefining free will via broadening the concept of self to include unconscious processes seems to disappoint certain intuitions. As Sam Harris points out, it changes the subject from the free will we seem to intuitively care about – conscious free will. This compatibilism is untenable since conscious will seems to be an illusion. However, if we take Dennett’s idea of “atmosphere of free will” and view conscious will as an important concept or “user illusion” which is one of the atmosphere’s building blocks, we can see how a new compatibilism could be reached. Although from the point of view of scientific thinking conscious will seems illusory, inspired by Wilfrid Sellars’s conception of manifest and scientific images we can start to understand free will as existing on its own conceptual level. The confusion stems from mixing the two frameworks. Kompatibilismus Daniela Dennetta, založený na redefinování svobodné vůle skrze rozšíření konceptu „já“ o nevědomé procesy, se zdá být v nesouladu s jistými intuicemi. Jak upozorňuje Sam Harris, vyhýbá se té svobodné vůli, o kterou nám zřejmě intuitivně jde – vědomé svobodné vůli. Tento kompatibilismus je neudržitelný, protože vědomá vůle se zdá být iluzí. Když ale přijmeme Dennettovu myšlenku „atmosféry svobodné vůle“ a nahlédneme vědomou vůli jako důležitý koncept nebo „uživatelskou iluzi“, která je součástí této atmosféry, můžeme najít cestu k novému kompatibilismu. Ačkoliv se z vědeckého pohledu zdá být vědomá vůle iluzí, inspirováni koncepcí zjevného a vědeckého obrazu Wilfrida Sellarse můžeme porozumět svobodné vůli jako existující na své vlastní konceptuální úrovni. Zmatení přichází právě s mícháním zmiňovaných dvou rámců.

scholarly journals O lúdico no processo de ensino-aprendizagem das ciências

2019 ◽  
Vol 88 (220) ◽  
Author(s):  
Alcina Silva ◽  
Marsyl Mettrau ◽  
Márcia Barreto
Keyword(s):  
Learning Process ◽  
Cognitive Structure ◽  
Point Of View ◽  
Individual Student ◽  
Constructivist Approach ◽  
Starting Point ◽  
The Subject ◽  
The Individual ◽  
Teaching Learning

Propõe-se a refletir sobre as relações que envolvem o lúdico e o ensino-aprendizagem das Ciências, a partir de uma perspectiva em que as concepções prévias de conceitos científicos sejam compreendidas como ponto de partida e parte ativa de um processo para a construção de novos conhecimentos. Nesta perspectiva, coerente com a Epistemologia Genética e com uma abordagem socioconstrutivista, o objeto é apreendido por meio de uma estrutura cognitiva constituída pelo sujeito a partir de seus interesses e necessidades. A motivação vem a ser o elemento propulsor neste processo, tendo em vista que despertar o interesse implica envolver o indivíduo/estudante em algo que tenha significado para si. As seguintes questões norteiam esta reflexão: Qual o significado de motivar? Este significado passa apenas por proporcionar prazer por meio de atividades lúdicas ou vai para além de sua relação com o lúdico? Qual o papel do professor ao trabalhar com atividades lúdicas? Palavras-chave: lúdico; aprendizagem; motivação; conhecimento científico. Abstract The objective of this paper is to reflect upon the relations involving the ludic activities and the teaching-learning process of sciences, from a perspective in which the pre-conceptions of scientific notions are recognized as the starting point and also as an active part of a process for the construction of new knowledge. From this point of view, which is coherent with the Genetic Epistemology and with a socio-constructivist approach, the object is seized by means of a cognitive structure elaborated by the subject based on his interests and needs. The motivation becomes the propelling element in this process, considering that stirring the interest implies involving the individual/student in something meaningful to himself. The following questions guide this reflection: What is the meaning of motivating? Does this meaning have the sole purpose of providing pleasure by means of ludic activities or does it surpass its relation with the ludic activities? What is the role of the teacher while working with ludic activities? Keywords: ludic; learning process; motivation; scientific knowledge.

scholarly journals F.E.E.L.I.N.G.C.A.L.L.E.D.L.O.V.E: una aproximación a la teoría de la canción pop

2012 ◽  
pp. 164
Author(s):  
Constanza Alicia Abeillé
Keyword(s):  
Cultural Studies ◽  
Point Of View ◽  
Academic Fields ◽  
Theoretical Perspectives ◽  
Starting Point ◽  
The Subject ◽  
Estudios Culturales

El análisis de las letras de canciones ha sido trabajado desde mediados del siglo pasado haciendo uso de diferentes aparatos teóricos provenientes de campos como la literatura, la musicología, la sociología y los estudios culturales. Estos diversos enfoques han elaborado sus propias teorías sobre el objeto pero pocos han interpretado a la canción como un espacio de reflexión autónomo, con sus propias leyes y elementos constituyentes. En el presente trabajo intentaremos justificar este punto de vista haciendo una lectura particular de la antología de letras de canciones Mother, Brother, Lover (2011) de Jarvis Cocker. Entablaremos un diálogo entre el prólogo del libro, escrito por el cantautor inglés, y la conferencia “Saying the unsayable” dictada también por Jarvis Cocker en el Brighton Festival del año 2008. Ambos textos permitirán establecer la postura del autor en función de su propia idea sobre la escritura de letras de canciones y que haremos extensible a una posible teorización sobre la canción pop.Song lyrics analysis has been worked out since the second half of the last century from different theoretical perspectives and academic fields such as literature, musicology, sociology and cultural studies. This variety of approaches have developed their own theories on the subject but only a few have interpreted the song as an autonomous space for reflection, with its particular rules and components. This paper attempts to justify this latest point of view by giving a particular reading of Jarvis cocker’s anthology of lyrics Mother, Brother, Lover (2011). We will be discussing the author’s prologue to the book and his lecture “Saying the unsayable” dictated at the Brighton Festival in 2008. Both texts will allow us to establish the author’s point of view concerning the art of lyric writting and it will be the starting point to make a possible theory on pop song.

Archaeology in Ireland during the last 50 years: an outline

Antiquity ◽  
2002 ◽  
Vol 76 (292) ◽  
pp. 475-484
Author(s):  
George Eogan
Keyword(s):  
World War Ii ◽  
Historical Review ◽  
Considerable Change ◽  
Point Of View ◽  
World War ◽  
Half Century ◽  
Past Half Century ◽  
Starting Point ◽  
The Subject ◽  
Past Half

IntroductionThroughout the 20th century there were many notable developments in Irish archaeology, both academically and administratively. Already by the middle of the century considerable change had taken place, that was a time when new attitudes and initiatives were underway. It was also a time of economic development and social adjustments in the wake of World War II. The changes that took place in archaeology during the following half-century were extensive and varied and involved most aspects of the subject. The year 1950 is, therefore, a reasonable starting-point for commencing this review but this does not imply that a new and altered archaeology had emerged. On the contrary established personnel and institutions continued to play a major role, while some longstanding research projects continued. What is offered in this paper is a brief historical review largely considered from the academic point of view, it is selective and is not intended to provide detailed information about all aspects of research and other developments that have taken place over the past half-century. However, an attempt will be made to review the causes and influences that brought about such developments, but it is not a potted history, neither is it a review of intellectual developments.

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