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Full-Text Articles in Arts and Humanities
Diversity Of Judgments: Reason And Emotions In Forensic Practice, Serena Tomasi
Diversity Of Judgments: Reason And Emotions In Forensic Practice, Serena Tomasi
OSSA Conference Archive
This paper questions the role of emotions in judicial persuasion: first, I will provide a brief overview of affective states, focusing on the structure of s.c. epistemic feelings; then, I will present some experiments which are going to be developed in a current research-project in a local court in Italy, to understand the interpersonal effects of epistemic feelings on judicial persuasion; finally, I will draw conclusive reflections on the relationship between forensic rhetoric and emotion.
The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari
The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari
OSSA Conference Archive
The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.
“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin
“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin
OSSA Conference Archive
I identify two types of evidence: one based on “linear” rationality (LR) and the other based on “fractal” rationality (FR). For LR, evidence depends only on systematic coherence, and all other sources of knowledge (intuitive, perceptive, symbolic, poetic, moral, etc.) are marginalized. For FR, evidence requires an approach more adherent to the “irregularities” of life. LR philosophically entails a Neoplatonist and Cartesian account on identity, whereas FR entails Plato’s account on identity and diversity as coessential.