Le politiche giudiziarie inglesi degli anni 2000: mutamento di paradigma e rafforzamento dell'incisività politica dei giudici

The Ph.D. dissertation analyses the reasons for which political actors (governments, legislatures and political parties) decide consciously to give away a source of power by increasing the political significance of the courts. It focuses on a single case of particular significance: the passage of the Constitutional Reform Act 2005 in the United Kingdom. This Act has deeply changed the governance and the organization of the English judicial system, has provided a much clearer separation of powers and a stronger independence of the judiciary from the executive and the legislative. What’s more, this strengthening of the judicial independence has been decided in a period in which the political role of the English judges was evidently increasing. I argue that the reform can be interpreted as a «paradigm shift» (Hall 1993), that has changed the way in which the judicial power is considered. The most diffused conceptions in the sub-system of the English judicial policies are shifted, and a new paradigm has become dominant. The new paradigm includes: (i) stronger separation of powers, (ii) collective (as well as individual) conception of the independence of the judiciary, (iii) reduction of the political accountability of the judges, (iv) formalization of the guarantees of judicial independence, (v) principle-driven (instead of pragmatic) approach to the reforms, and (vi) transformation of a non-codified constitution in a codified one. Judicialization through political decisions represent an important, but not fully explored, field of research. The literature, in particular, has focused on factors unable to explain the English case: the competitiveness of the party system (Ramseyer 1994), the political uncertainty at the time of constitutional design (Ginsburg 2003), the cultural divisions within the polity (Hirschl 2004), federal institutions and division of powers (Shapiro 2002). All these contributes link the decision to enhance the political relevance of the judges to some kind of diffusion of political power. In the contemporary England, characterized by a relative high concentration of power in the government, the reasons for such a reform should be located elsewhere. I argue that the Constitutional Reform Act 2005 can be interpreted as a result of three different kinds of reasons: (i) the social and demographical transformations of the English judiciary, which have made inefficient most of the precedent mechanism of governance, (ii) the role played by the judges in the policy process and (iii) the cognitive and normative influences originated from the European context, as a consequence of the membership of the United Kingdom to the European Union and the Council of Europe. My thesis is that only a full analysis of all these three aspects can explain the decision to reform the judicial system and the content of the Constitutional Reform Act 2005. Only the cultural influences come from the European legal complex, above all, can explain the paradigm shift previously described.

Interactions between normative systems and software cognitive agents. A formalization in temporal modal defeasible logic and its implementation

Sustainable computer systems require some flexibility to adapt to environmental unpredictable changes. A solution lies in autonomous software agents which can adapt autonomously to their environments. Though autonomy allows agents to decide which behavior to adopt, a disadvantage is a lack of control, and as a side effect even untrustworthiness: we want to keep some control over such autonomous agents. How to control autonomous agents while respecting their autonomy? A solution is to regulate agents’ behavior by norms. The normative paradigm makes it possible to control autonomous agents while respecting their autonomy, limiting untrustworthiness and augmenting system compliance. It can also facilitate the design of the system, for example, by regulating the coordination among agents. However, an autonomous agent will follow norms or violate them in some conditions. What are the conditions in which a norm is binding upon an agent? While autonomy is regarded as the driving force behind the normative paradigm, cognitive agents provide a basis for modeling the bindingness of norms. In order to cope with the complexity of the modeling of cognitive agents and normative bindingness, we adopt an intentional stance. Since agents are embedded into a dynamic environment, things may not pass at the same instant. Accordingly, our cognitive model is extended to account for some temporal aspects. Special attention is given to the temporal peculiarities of the legal domain such as, among others, the time in force and the time in efficacy of provisions. Some types of normative modifications are also discussed in the framework. It is noteworthy that our temporal account of legal reasoning is integrated to our commonsense temporal account of cognition. As our intention is to build sustainable reasoning systems running unpredictable environment, we adopt a declarative representation of knowledge. A declarative representation of norms will make it easier to update their system representation, thus facilitating system maintenance; and to improve system transparency, thus easing system governance. Since agents are bounded and are embedded into unpredictable environments, and since conflicts may appear amongst mental states and norms, agent reasoning has to be defeasible, i.e. new pieces of information can invalidate formerly derivable conclusions. In this dissertation, our model is formalized into a non-monotonic logic, namely into a temporal modal defeasible logic, in order to account for the interactions between normative systems and software cognitive agents.

Mathematical models of cognitive processes

The research activity carried out during the PhD course was focused on the development of mathematical models of some cognitive processes and their validation by means of data present in literature, with a double aim: i) to achieve a better interpretation and explanation of the great amount of data obtained on these processes from different methodologies (electrophysiological recordings on animals, neuropsychological, psychophysical and neuroimaging studies in humans), ii) to exploit model predictions and results to guide future research and experiments. In particular, the research activity has been focused on two different projects: 1) the first one concerns the development of neural oscillators networks, in order to investigate the mechanisms of synchronization of the neural oscillatory activity during cognitive processes, such as object recognition, memory, language, attention; 2) the second one concerns the mathematical modelling of multisensory integration processes (e.g. visual-acoustic), which occur in several cortical and subcortical regions (in particular in a subcortical structure named Superior Colliculus (SC)), and which are fundamental for orienting motor and attentive responses to external world stimuli. This activity has been realized in collaboration with the Center for Studies and Researches in Cognitive Neuroscience of the University of Bologna (in Cesena) and the Department of Neurobiology and Anatomy of the Wake Forest University School of Medicine (NC, USA). PART 1. Objects representation in a number of cognitive functions, like perception and recognition, foresees distribute processes in different cortical areas. One of the main neurophysiological question concerns how the correlation between these disparate areas is realized, in order to succeed in grouping together the characteristics of the same object (binding problem) and in maintaining segregated the properties belonging to different objects simultaneously present (segmentation problem). Different theories have been proposed to address these questions (Barlow, 1972). One of the most influential theory is the so called “assembly coding”, postulated by Singer (2003), according to which 1) an object is well described by a few fundamental properties, processing in different and distributed cortical areas; 2) the recognition of the object would be realized by means of the simultaneously activation of the cortical areas representing its different features; 3) groups of properties belonging to different objects would be kept separated in the time domain. In Chapter 1.1 and in Chapter 1.2 we present two neural network models for object recognition, based on the “assembly coding” hypothesis. These models are networks of Wilson-Cowan oscillators which exploit: i) two high-level “Gestalt Rules” (the similarity and previous knowledge rules), to realize the functional link between elements of different cortical areas representing properties of the same object (binding problem); 2) the synchronization of the neural oscillatory activity in the γ-band (30-100Hz), to segregate in time the representations of different objects simultaneously present (segmentation problem). These models are able to recognize and reconstruct multiple simultaneous external objects, even in difficult case (some wrong or lacking features, shared features, superimposed noise). In Chapter 1.3 the previous models are extended to realize a semantic memory, in which sensory-motor representations of objects are linked with words. To this aim, the network, previously developed, devoted to the representation of objects as a collection of sensory-motor features, is reciprocally linked with a second network devoted to the representation of words (lexical network) Synapses linking the two networks are trained via a time-dependent Hebbian rule, during a training period in which individual objects are presented together with the corresponding words. Simulation results demonstrate that, during the retrieval phase, the network can deal with the simultaneous presence of objects (from sensory-motor inputs) and words (from linguistic inputs), can correctly associate objects with words and segment objects even in the presence of incomplete information. Moreover, the network can realize some semantic links among words representing objects with some shared features. These results support the idea that semantic memory can be described as an integrated process, whose content is retrieved by the co-activation of different multimodal regions. In perspective, extended versions of this model may be used to test conceptual theories, and to provide a quantitative assessment of existing data (for instance concerning patients with neural deficits). PART 2. The ability of the brain to integrate information from different sensory channels is fundamental to perception of the external world (Stein et al, 1993). It is well documented that a number of extraprimary areas have neurons capable of such a task; one of the best known of these is the superior colliculus (SC). This midbrain structure receives auditory, visual and somatosensory inputs from different subcortical and cortical areas, and is involved in the control of orientation to external events (Wallace et al, 1993). SC neurons respond to each of these sensory inputs separately, but is also capable of integrating them (Stein et al, 1993) so that the response to the combined multisensory stimuli is greater than that to the individual component stimuli (enhancement). This enhancement is proportionately greater if the modality-specific paired stimuli are weaker (the principle of inverse effectiveness). Several studies have shown that the capability of SC neurons to engage in multisensory integration requires inputs from cortex; primarily the anterior ectosylvian sulcus (AES), but also the rostral lateral suprasylvian sulcus (rLS). If these cortical inputs are deactivated the response of SC neurons to cross-modal stimulation is no different from that evoked by the most effective of its individual component stimuli (Jiang et al 2001). This phenomenon can be better understood through mathematical models. The use of mathematical models and neural networks can place the mass of data that has been accumulated about this phenomenon and its underlying circuitry into a coherent theoretical structure. In Chapter 2.1 a simple neural network model of this structure is presented; this model is able to reproduce a large number of SC behaviours like multisensory enhancement, multisensory and unisensory depression, inverse effectiveness. In Chapter 2.2 this model was improved by incorporating more neurophysiological knowledge about the neural circuitry underlying SC multisensory integration, in order to suggest possible physiological mechanisms through which it is effected. This endeavour was realized in collaboration with Professor B.E. Stein and Doctor B. Rowland during the 6 months-period spent at the Department of Neurobiology and Anatomy of the Wake Forest University School of Medicine (NC, USA), within the Marco Polo Project. The model includes four distinct unisensory areas that are devoted to a topological representation of external stimuli. Two of them represent subregions of the AES (i.e., FAES, an auditory area, and AEV, a visual area) and send descending inputs to the ipsilateral SC; the other two represent subcortical areas (one auditory and one visual) projecting ascending inputs to the same SC. Different competitive mechanisms, realized by means of population of interneurons, are used in the model to reproduce the different behaviour of SC neurons in conditions of cortical activation and deactivation. The model, with a single set of parameters, is able to mimic the behaviour of SC multisensory neurons in response to very different stimulus conditions (multisensory enhancement, inverse effectiveness, within- and cross-modal suppression of spatially disparate stimuli), with cortex functional and cortex deactivated, and with a particular type of membrane receptors (NMDA receptors) active or inhibited. All these results agree with the data reported in Jiang et al. (2001) and in Binns and Salt (1996). The model suggests that non-linearities in neural responses and synaptic (excitatory and inhibitory) connections can explain the fundamental aspects of multisensory integration, and provides a biologically plausible hypothesis about the underlying circuitry.

L'intelligenza emotiva in età evolutiva

Emotional Intelligence (EI) has increasingly gained widespread popularity amongst both lay people and scientists in a wide range of contexts and across several research areas. In spite of rigorous inquiry into its applications in educational, social, health and clinical settings, substantial disagreement exists regarding the definition of EI, with respect to both terminology and operationalizations. Actually, there is a consensus about a conceptual distinction between Trait EI, or trait emotional self-efficacy (Petrides & Furnham, 2001), and Ability EI, or cognitive-emotional ability (Mayer & Salovey, 1997). Trait EI is measured via self-report questionnaires, whereas Ability EI is assessed via maximum performance tests. Moreover, EI is the broadest of the emotional constructs, and it subsumes various constructs, as Emotional Awareness (Lane & Schwartz, 1987). To date, EI research has focused primarily on adults, with fewer studies conducted with child samples. The aim of the present study is to investigate the role of different models of EI in childhood and early adolescence (N = 670; 353 females; Mage= 10.25 years ; SD = 1.57). In addition, a further goal is to evaluate the relationship of each construct with personality, non verbal cognitive intelligence, school performance, peer relationships, and affective disorders (anxiety and depression). Results shows significant correlations between Trait EI and Emotional Awareness, whereas Trait and Ability EI appear as independent constructs. We also found significant positive associations between age and Ablity EI and Emotional Awareness (although with add of verbal productivity), while gender differences emerged in favour of females in all EI-related measures. The results provide evidence that Trait EI is partially determined by all of the Big Five personality dimensions, but independent of cognitive ability. Finally, the present study highlights the role of EI on social interactions, school performance and, especially, a negative relationship between Trait EI and psychopathology.

L'autovalutazione in età evolutiva: metacognizione e stili attributivi

The aim of the research is to study the capacity for self-evaluation of 271 primary school student undergoing tests involving mathematics and formal reasoning. Subjects were asked to estimate the number of correct answers and subsequently to compare their performance with that of their peers. The results demonstrate that all the subjects in all tests showed a significant negative relationship among real score and self - evaluation indices. Analyzing comparative assessments, the results reported in literature by Kruger and Dunning were confirmed: poor performers tend to significantly overestimate their own performance whilst top performers tend to underestimate it. This can be interpreted as a demonstration that the accuracy of comparative self-evaluations depends on a number of variables: cognitive and metacognitive factors and aspects associated with self-representation. To verify these aspects we examined bias in self evaluation from an attributional perspective too. Our conclusion is that cognitive and metacognitive processes work as “submerged” in highly subjective representations, allowing dynamics related to safeguarding the image one has of oneself to play a role.

Les TICE pour la production écrite et la traduction de l'italien vers le français : le cas de la SSLMIT de Forlì

Les recherches relatives à l'utilisation des TICE se concentrent fréquemment soit sur la dimension cognitive, sur la dimension linguistique ou sur la dimension culturelle. Le plus souvent, les recherches empiriques se proposent d'évaluer les effets directs des TICE sur les performances langagières des apprenants. En outre, les recherches, surtout en psychologie cognitive, sont le plus souvent effectuées en laboratoire. C'est pourquoi le travail présenté dans cette thèse se propose d'inscrire l'utilisation des TICE dans une perspective écologique, et de proposer une approche intégrée pour l'analyse des pratiques effectives aussi bien en didactique des langues qu'en didactique de la traduction. En ce qui concerne les aspects cognitifs, nous recourons à un concept apprécié des praticiens, celui de stratégies d'apprentissage. Les quatre premiers chapitres de la présente thèse sont consacrés à l'élaboration du cadre théorique dans lequel nous inscrivons notre recherche. Nous aborderons en premier lieu les aspects disciplinaires, et notamment l’interdisciplinarité de nos deux champs de référence. Ensuite nous traiterons les stratégies d'apprentissage et les stratégies de traduction. Dans un troisième mouvement, nous nous efforcerons de définir les deux compétences visées par notre recherche : la production écrite et la traduction. Dans un quatrième temps, nous nous intéresserons aux modifications introduites par les TICE dans les pratiques d'enseignement et d'apprentissage de ces deux compétences. Le cinquième chapitre a pour objet la présentation, l'analyse des données recueillies auprès de groupes d'enseignants et d'étudiants de la section de français de la SSLMIT. Il s’agira dans un premier temps, de présenter notre corpus. Ensuite nous procéderons à l’analyse des données. Enfin, nous présenterons, après une synthèse globale, des pistes didactiques et scientifiques à même de prolonger notre travail.

La vision d'Athenes et de Constantinople dans les recits de voyage du XIXᵉ siecle

Le sujet de cette recherche est la perception chez les voyageurs occidentaux et grecs du XIXᵉ siècle de zones de la Méditerranée depuis toujours point d’intersections culturelles : les villes d’Athènes et de Constantinople. L’objectif de la recherche est de reconstruire la contribution des hommes de lettres, français et grecs, à la constitution de l’identité nationale selon le schéma mis en évidence par Benedict Anderson dans « Communautés Imaginées » On a tenté en se référant au corpus d’identifier dans la littérature de voyage du XIXᵉ siècle, dans le sillage de « Orientalismo » de Edward Said, comment Philhellénisme et Exotisme orientalisant, tous deux d’empreinte romantique, ont contribué à inventer pour Athènes une identité occidentale et pour Istanbul une identité orientale, ignorant presque l’existence entre les deux villes d’une commune matrice byzantine–ottomane ou mieux, l’appartenance commune à l’ensemble géopolitique de la Région Intermédiaire identifiée par Dimitri Kitsikis.