Cristiano Castelfranchi

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning.

We try not just to reconcile but to “integrate” Cognitivism and Behaviorism by a theory of different forms of purposiveness in behavior and mind. This also implies a criticism of the Dual System theory and a claim on the strong interaction and integration of Sist1 (automatic) and Sist2 (deliberative), based on reasons, preferences, and decisions. We present a theory of different kinds of teleology. Mere “functions” of the behavior: finalism not represented in the mind of the agent, not “regulating” the behavior. Two kinds of teleological mental representations: true “Goals” in control-theory, cybernetic view, with “goal-driven” behavior (intentional action); vs. Expectations in Anticipatory Classifiers: a reactive but anticipatory device, explaining the “instrumental” (finalistic) nature of Skinner’s reinforcement learning. We present different kinds of Goals and goal processing and on this ground the theory of what “intentions” are. On such basis, we can discuss Kathy Wilkes’s hint about the necessarily linguistic formulation of “intentions”; with the hypothesis that her intuition is not correct for any kind on “intention” which may be represented in sensory-motor format, but correct for “volition” and our will-strength for socially influencing ourselves.

The central focus of this research is the fast and crucial impact of the COVID-19 pandemic, and its exceptionally serious consequences in terms of healthcare, state intervention and impositions, radical changes in people’s life, on a crucial psychological, relational, and political construct: trust. In this survey, addressed to 4260 Italian citizens, we tried to analyze and measure such impact, focusing on various aspects of trust. This attention to multiple dimensions of trust constitutes the key conceptual advantage of this research, since trust is a complex and layered construct, with its own internal dynamics. In particular, the analysis focuses on how citizens attribute trust to Public Authorities, in relation to the management of the health crisis: with regard to the measures and guidelines adopted, the purposes pursued, the motivations that determine them, their capacity for involvement and their effectiveness for the containment of the virus itself. A pandemic creates a bilateral need for trust, both in Public Authorities (they have to rely on citizens’ compliance, and must try to promote and maintain their trust in order to be effective), and in citizens, since they need to feel that somebody can do something, can (has the power) to protect them, to act at the needed collective level. We are interested to explore how this need for trust affects the attributional process, regarding both attitudes and the corresponding decisions and actions. The most striking result of this survey is the very high level of institutional trust expressed by respondents: 75% of them trust Italian public authorities to be able to deal with the COVID-19 emergency. This is in sharp contrast with the relatively low levels of institutional trust characteristic of Italy, both historically and in recent surveys. Moreover, the survey allowed to discriminate several potential predictors for trust, thus emphasizing factors that, during this crisis, are exhibiting an anomalous impact on trust.

Norms are tools for manipulating human conduct through the manipulation of our goals and choices. It is impossible to understand the efficacy and working of norms without a modeling of how Ns work in our mind and how do they cut or give us goals. They are built for that. Thus, a sophisticated ontology of goals is necessary. Ns also have goals and have “functions”: a different kind of goal. We do not understand and intend all the functions of Ns. The subject is not supposed or requested to understand even all the goals of Ns and to obey on condition that she agrees and cooperates. Ns also imply a meta-goal about our mind, about the reasons, motives that should induce us to obey; motives that ideally are not sanctions avoidance or convenience.

Contempt and disgust share a number of features which distinguish them from other hostile emotions: they both present two distinct facets—a nonmoral facet and a moral one; they both imply a negative evaluation of the dispositional kind as well as disrespect towards the target of the feeling; and they trigger avoidance and exclusion action tendencies. However, while sharing a common core, contempt and disgust are in our view distinct emotions, qualified by different cognitive-motivational features. Contempt is felt exclusively towards human targets, and implies sense of superiority over them, pessimistic feelings about their possibility of betterment, detachment from them, and avoidance driven by detachment; whereas disgust can be directed at a wide range of possible targets, and implies contamination sensitivity, fear of contamination, and fear-driven avoidance. The differences between contempt and disgust are related to the different kinds of standard against which the target is evaluated, and the different kinds of disrespect engendered by the negative evaluation.

The widespread assumption that anger is a response to wrongdoing and motivates people to sanction it, as well as the lack of distinction between resentment and indignation, obscure notable differences among these three emotions in terms of their specific beliefs, goals, and action tendencies, their nonmoral or moral character, and the kinds of moral claim implied. We provide a cognitive-motivational analysis of anger, resentment, and indignation, showing that, while sharing a common core, they are distinguishable from one another because they comprise nonoverlapping belief–goal compounds. We also emphasize the usefulness of applying a belief–goal analysis to kin emotions because, by comparison, one can sharpen the analysis and identify the distinctive features of each of them.

Computing systems can function as augmentation of individual humans as well as of human societies. In this contribution, we take mirror worlds as a conceptual blueprint to envision future smart environments in which the physical and the virtual layers are blended into each other. We suggest that pervasive computing technologies can be used to create a coupling between these layers, so that actions or, more generally, events in the physical layer would have an effect in the virtual layer and viceversa. On top of this, wearable technologies and augmented reality techniques enable new forms of user interaction with the smart environment and with other users. Mirror worlds so conceived will enable temporal, individual, and social augmentations. We conclude by elaborating on some possible consequences at the societal level.

We argue in favor of the adaptive value of acceptance and that it deserves a definite status within the 'positive paradigm'. Acceptance currently suffers from ambiguous connotations because of its lack of optimistic biases and its similarity to resignation. We endeavor to show that acceptance and resignation are distinct attitudes by exploring their relationships with various phenomena-frustration, disappointment, expectation, positive thinking, replanning, and accuracy. The resulting distinguishing features of acceptance-thriving versus returning to baseline; realistic optimism versus hopelessness; persistence and flexible replanning versus disengagement-are crucial for adaptive coping, and appear to be in keeping with the positive paradigm.

In this paper, a model of norms as cognitive objects is applied to establish connections between social conventions and prescriptions. Relevant literature on this issue, especially found in AI and the social sciences, will be shown to suffer from a dychotomic view: a conventionalistic view proposed by rationality and AI scientists; and a prescriptive view proposed by some philosophers of law (Kelsen 1934/1979, Hart 1961, Ross, 1958).In the present work, the attempt is made to fill the gap between these views by putting forward a hypothesis concerning the process from perceived behavioural regularities to normative assumptions. The emergence of norms will be here seen as intrinsically intertwined with the emergence of normative beliefs. Unlike that assumed by the conventionalistic sight, the process of emergence is seen as a non-continuous phenomenon. A given behavioural regularity will be argued to give rise to a normative belief if and as long as that regularity is believed to be prescribed within the community. Two corollaries of this hypothesis will be examined: (1) unlike that implied by the conventionalistic view, the spreading of norms is not only due to a passive behavioural social influence (imitation) but also to an active cognitive one (the spreading of normative wants and beliefs); (2) unlike that assumed by the prescriptive view, a norm is not necessarily explicitly and deliberately issued by some normative authority, but is grounded upon the norm-addressees' beliefs that they are generally prescribed to comply with it.

This paper offers a conceptual framework which (re)integrates goal-directed control, motivational processes, and executive functions, and suggests a developmentalpathway from situated action to higher level cognition. We first illustrate a basic computational (control-theoretic) model of goal-directed action that makes use of internalmodeling. We then show that by adding the problem of selection among multiple actionalternatives motivation enters the scene, and that the basic mechanisms of executivefunctions such as inhibition, the monitoring of progresses, and working memory, arerequired for this system to work. Further, we elaborate on the idea that the off-line re-enactment of anticipatory mechanisms used for action control gives rise to (embodied)mental simulations, and propose that thinking consists essentially in controlling mental simulations rather than directly controlling behavior and perceptions. We concludeby sketching an evolutionary perspective of this process, proposing that anticipationleveraged cognition, and by highlighting specific predictions of our model.

This work proposes an analysis of the cognitive and motivational components of hope, its basic properties, and the affective dispositions and behaviors it is likely to induce. In our view current treatments of hope do not fully account for its specificity, by making hope overlap with positive expectation or some specification of positive expectation. In contrast, we attempt to highlight the distinctive features of hope, pointing to its differences from positive expectation, as well as from a sense of successful agency, optimism, trust, and faith. Fear and anxiety are also addressed, and the latter is analyzed as a state of mind implying both fear and hope. Finally, the relationship between hope and motivation is explored, and “active” hope is compared with “passive” hope. Some concluding remarks summarize the results of our analysis, and stress the role of hope in fostering the individual’s well-being.

Thesis: Macro-level social phenomena are implemented through the (social) actions and minds of the individuals. Without an explicit theory of the agents' minds that founds, agents' behavior we cannot understand macro-level social phenomena, and in particular how they work. AntiThesis: Mind is not enough: the theory of individual (social) mind and action is not enough to explain several macro-level social phenomena. First, there are pre-cognitive, objective social structures that constrain the actions of the agents; second, there are emergent, unaware or non-contractual forms of cooperation, organisation, and intelligence. Synthesis: The real challenge is how to reconcile, cognition with emergence, intention and deliberation with unknown or unplanned social functions and social order . Both objective structures and unplanned self-organising complex forms of social order and social function emerge from the interactions of agents and from their individual mental states; both these structures and self-organising systems feedback on agents' behaviors through the agents' individual minds

In this article we strive to provide a detailed and principled analysis of the role of beliefs in goal processing—that is, the cognitive transition that leads from a mere desire to a proper intention. The resulting model of belief-based goal processing has also relevant consequences for the analysis of intentions, and constitutes the necessary core of a constructive theory of intentions, i.e. a framework that not only analyzes what an intention is, but also explains how it becomes what it is. We discuss similarities and differences between our approach and other standard accounts of intention, in particular Bratman’s planning theory. The aim here is to question and refine the conceptual foundations of many theories of intentional action: as a consequence, although our analysis is not formal in itself, it is ultimately meant to have deep consequences for formal models of intentional agency

I will first discuss how social interactions organize, coordinate, and specialize as “artifacts,” tools; how these tools are not only for coordination but for achieving something, for some outcome (goal/function), for a collective work. In particular, I will argue that these artifacts specify (predict and prescribe) the mental contents of the participants, both in terms of beliefs and acceptances and in terms of motives and plans. We have to revise the behavioristic view of “scripts” and “roles”; when we play a role we wear a “mind.” No collective action would be possible without shared and/or ascribed mental contents. This is also very crucial for a central form of automatic mind-reading (mind ascription). Second, I will argue that often what really matters is the ascribed/prescribed, worn, mind not the real, private one. We have to play (like in the symbolic play) “as if” we had those mental contents. This social convention and mutual assumption makes the interaction work. The ascribed beliefs and goals are not necessarily explicitly there; they might be just implicit as inactive (we act just by routine and automatically) or implicit as potential. The coordination and social action works thanks to these “as if” (ascribed and pretended) minds, thanks to those conventional constructs. Our social minds for social interactions are coordination artifacts and social institutions

Argumentation is a dialogical attempt to bring about a desired change in the beliefs of another agent – that is, to trigger a specific belief revision process in the mind of such agent. However, so far formal models of belief revision widely neglected any systematic comparison with argumentation theories, to the point that even the simplest argumentation structures cannot be captured within such models. In this essay, we endeavour to bring together argumentation and belief revision in the same formal framework, and to highlight the important role played by Toulmin’s layout of argument in fostering such integration.

This work presents an analysis of the feeling of guilt and in particular of the cognitive defenses against it. It shows how the need to avoid or mitigate the feeling, with the suffering implied, affects the perception and judgment of oneself and others. It is in fact claimed that to copy with their guilt people try to alter the appraisal processes implied by the emotion. Once described the main cognitive components of the feeling of guilt, an analysis is offered of the interventions of the cognitive defenses on such components, to alter the original appraisal processes underlying the feeling

We develop a conceptual and formal clarification of notion of surprise as a belief-based phenomenon by exploring a rich typology. Each kind of surprise is associated with a particular phase of cognitive processing and involves particular kinds of epistemic representations (representations and expectations under scrutiny, implicit beliefs, presuppositions). We define two main kinds of surprise: mismatch-based surprise and astonishment. In the central part of the paper we suggest how a formal model of surprise can be integrated with a formal model of belief change. We investigate the role of surprise in triggering the process of belief reconsideration. There are a number of models of surprise developed in the psychology of emotion. We provide several comparisons of our approach with those models.