Corpus Delicti and the Subject of Proof: to the Discussion of the Relationship Between the Concepts

The authors analyze the opinions of scholars about the correlations between the categories «corpus delicti» and «subject of proof». The main object of their criticism is the idea, supported by some scholars, that the elements of corpus delicti equal the circumstances to be proven that are included in the key fact. The authors use the logical criterion to demonstrate that this claim is unsubstantiated. The circumstances stated in Clauses 1 and 2, Part 1, Art. 73 of the Criminal Procedure Code of the Russian Federation characterize the key features of corpus delicti only conditionally. In this connection, the key fact is the aggregate of factual circumstances that constitutes the basis of corpus delicti. In the logical aspect, the qualification of a crime is a syllogistic inference, according to which, if the essential features of the action under investigation coincide with the features of the concept of a specific crime as described in criminal law, then this crime becomes the concept of this action. According to the authors, from this standpoint it is possible to discuss not the equivalence of circumstances to be proven and corpus delicti, but only the equivalence of their essential features as determined by criminal law. They point out the specific character of criminal law and process terminology that also does not make it possible to equate the categories «corpus delicti» and «subject of proof». The significance of the existence of a formulated subject of proof in criminal procedure law and its interconnection with corpus delicti is demonstrated. It is concluded that proof in a criminal case is based on certain knowledge, which performs a methodological function. In this connection, the subject of proof, in the gnoseological sense, is a program of criminal procedure activities determined by the lawmaker. The norms of criminal law determined the parameters of criminal procedure proving, so the subject of proof is based on the criminal law characteristic of the action but does not equal it. The circumstances of the case, determined in the process of proving, are correlated with the norms of criminal law with the purpose of possible criminal law qualification of the action. Corpus delicti, determined in the criminal law, and the subject of proof, formulated in the criminal procedure law, ensure strict certainly and specification of the process of proving carried out by the preliminary investigation bodies and the court.

The Principle of Excluded Middle in Kant

The principle of excluded middle is more important than is commonly believed for understanding Kant's overall philosophical project. In the article, this principle is examined in the following contexts: (i) kinds of judgments, (ii) concepts of opposition, negation, and determination, and (iii) apagogic proof. It is first explained how the principle of excluded middle is employed by Kant in distinguishing between the kinds of judgment. Also called the principle of division, it is the principle of disjunctive and apodictic judgments in Kant's famous table of judgments. Next, the Author shows which kind of opposition is related to the principle of the excluded middle. As a merely logical criterion of truth, this principle grounds the logical necessity of a cognition and plays an important role in the use of apagogical proofs. Then Kant's account of logical negation will be investigated briefly. Negative judgment with a negative copula indicates that something is not contained within the sphere of a given concept. This process occurs in accordance with the principle of excluded middle. Finally, an analysis is made of how Kant presents the metaphysical principle of thoroughgoing determination and its differences from the logical principle of excluded middle.

Carnap’s Opposition to Logic of the Geisteswissenschaften

In this paper I argue that Carnap in the Aufbau and in his later writings consistently conceives the humanities and the social sciences as domains of knowledge that are epistemically equal to the natural sciences. I show that Carnap was skeptical about the philosophical theories of Dilthey, Rickert and Windelband which aimed to distinguish the natural sciences from the humanities through a logical criterion. Although Carnap in the Aufbau integrated some terminology from Dilthey, Windelband and Rickert, he never accepted their philosophical questions about the humanities as legitimate. In his later writings, following Otto Neurath, he openly distanced himself from terminology that could be associated with such questions, and he never again spoke in a programmatic fashion about cultural concepts, like he had done in the Aufbau.

THE CONCEPT OF "FAITH" IN YOUNG PEOPLE’S CONSCIOUSNESS: THE PSYCHOLOGICAL ANALYSIS

The article analyses psychologically-linguistically the verbal representations of the concept of “faith”. A free associative experiment was used in the research to identify the meaning of the examined concept in native speakers’ cognitive consciousness. The respondents received ten words-stimuli related to religious discourse. In this article, we analyze associations evoked by “faith” word. The research sample included 246 students with average age of 18.6 years from Lesia Ukrainka Eastern European National University, students studied biology, psychology and publishing business. During the associative experiment revealing verbal representation of the concept of “faith”, we obtained only 286 reactions that included 131 different associations. The most frequent associative reactions to “faith” were: “hope”, “God”, “in God”, “love” and “prayer”. The processing of the obtained associations for “faith” was carried out according to the grammatical criterion, which allowed us to reveal the predominance of paradigmatic reactions to the word-stimulus. As for the logical criterion, central reactions were most often among associations obtained for “prayer”. The associations obtained for “faith’ were analyzed according to thematic criteria, which allowed us to distinguish ten different thematic categories: religion, God, hope, emotions and feelings, strength, society, convictions, soul, beliefs, name. The most numerous thematic groups were responses connecting “faith” with religion, God and hope. The thematic groups of “soul”, “beliefs” and “name” were the least numerous among the obtained associations. The vast thematic diversity can indicate students’ unawareness about the concept of “faith”. Cluster analysis revealed that the verbalized concept of “faith” is represented by two semantic groups of associations: “hope” and “God - emotions and feelings”. Thus, young people view faith not only through the prism of the divine (religion, spirituality) and its peripheral components (prayer, confession), but also try to understand faith as hope and support. We see the prospects for further research in further psycholinguistic analysis of religious discourse, namely the functioning and use of religious concepts in mass-media.

How Should Votes Be Cast and Counted?

This chapter evaluates extensions of majority rule for elections with multiple candidates, based on a judgment that the question should not be approached predominantly in terms of logical criteria, for no rule satisfies all desirable criteria and logical criteria take no account of the frequency with which conditions are violated. Instead, the question is explored in terms of a combination of three statistical frequencies with which rules achieve desirable conditions (identifying the highest-value candidate when voters vote sincerely, resistance to strategy, and resistance to tying), one two-stage logical criterion (resistance to clones), and three criteria of simplicity (ease of voting, ease of counting votes, and ease of understanding the vote-counting process). Eighteen rules selected from previous inquiries are evaluated in terms of these criteria. A winnowing process is recommended for identifying the rule that a group finds most attractive. The Condorcet-Hare rule is likely to be most attractive.

Freges Kriterien der Sinngleichheit

Frege’s mature writings apparently contain two different criteria of sense identity. While in „Über Sinn und Bedeutung“ (1892) and in „Kurze Übersicht meiner logischen Lehren“ (1906?) Frege seems to advocate a psychological criterion, his letter to Husserl of December 12, 1906 offers a thoroughly logical criterion of sense identity. It is argued that the latter proposal is not a „momentary aberration“, but rather Frege’s official criterion; his psychological criteria only serve as a way of illustrating questions of sense identity by appealing to the thoughts of ideal thinkers.

Un criterio lógico de aceptabilidad de titulares periodísticos / A Logical Criterion for Assessing the Acceptability of Press Headlines

ABSTRACTThe aim of this paper is to propose tentatively a normative logical criterion for assessing the acceptability of headlines in the press defined in terms of the informativeness or semantic strength of propositions they express. Additionally, we show that proposed criterion fits well with van Dijk's application of Discourse Analysis Theory to the structures of news in the press. To conclude, we give some examples of application of this criterion to news published in national and regional digital newspapers.RESUMENEn este trabajo proponemos tentativamente un criterio lógico normativo para estimar la aceptabilidad de titulares de información periodística definido en términos del contenido informativo o fortaleza semántica de las proposiciones que los expresan. Asimismo, mostramos que nuestra propuesta es compatible con la aplicación que hace van Dijk de la Teoría del Análisis del Discurso al formato de las noticias. En la parte final incluimos algunos ejemplos ilustrativos de la aplicación del criterio propuesto a noticias publicada en diarios digitales.

An Improved Fast Normalized Cross Correlation Algorithm

Using logical criterion based on the characteristics of binary image, the normalized cross-correlation algorithm is improved. First, the binary of gray image is carried out. The target and the background are made a distinction between 0 and 1. Second, through the logic correlation matching, two images of the same location value equal to 1, otherwise 0. Finally, the correlation coefficient is calculated. The experimental results show that the improved normalized cross-correlation algorithm can speed up the matching, without affecting the accuracy of the matching.

HEMATOCRIT: MATURITY RELATIONSHIP IN ADOLESCENCE

The time of onset of adolescence, the velocity of change, and the age at which somatic maturity occurs varies with each individual. Chronologic age, per se, provides little information as to growth and development. The sequential changes in secondary sex characteristics can be divided into five stages and then one of these assigned as a "maturity rating" to any patient. Hematocrit determinations were performed on 1,007 girls and 1,000 boys, aged 11 to 20 years. All patients were from low-income families and each boy or girl was examined and classified according to maturity rating, sex, and color. In boys, correlation of hematocrit determinations and sex maturity ratings showed an increase in the hematocrit percentage with an increase of maturity rating. Boys have a smooth, progressive rise in hematocrit levels as they mature and this increase is apparently associated with the production of testosterone and the development of greater muscle mass. Hematocrit values increase in relation to chronologic age, only when sexual maturation is taking place, thus evaluation of anemia based only on age may be incorrect. Hematocrit determinations related to sex maturity ratings provide a logical criterion for the diagnosis of anemia and of therapeutic response in its treatment.