What kind of reality is legal reality, how is it created, and what are its a priori foundations? These are the central questions asked by the early phenomenologists who took interest in social ontology and law. While Reinach represents the well-known “realist” approach to phenomenology of law, Felix Kaufmann and Fritz Schreier belonged to the “positivist” “Vienna School of Jurisprudence,” combining Hans Kelsen’s Pure Theory of Law with Edmund Husserl’s phenomenology—and thereby challenging Reinach’s views on how legal reality and the (...) legal a priori were to be conceived. This paper addresses the controversy between these positivist and realist approaches to phenomenology of law, with the goal of introducing the lesser known theories of Kaufmann and Schreier. The special focus on their critique of Reinach’s outline should give us an overview of their positions vis-à-vis the basic and a priori elements of which legal reality consists and the role that phenomenology plays in analyzing them. There is one general tendency to be noted: While the phenomenological legal positivists see the root of legal reality in an act of interpretation according to a “normative scheme of interpretation,” Reinach locates the roots of legal reality in social interaction and argues for the existence of entities independent of any interpretation. (shrink)

Empirical evidence suggests that while people hold the capacity to control their data in high regard, they increasingly experience a loss of control over their data in the online world. The capacity to exert control over the generation and flow of personal information is a fundamental premise to important values such as autonomy, privacy, and trust. In healthcare and clinical research this capacity is generally achieved indirectly, by agreeing to specific conditions of informational exposure. Such conditions can be openly stated (...) in informed consent documents or be implicit in the norms of confidentiality that govern the relationships of patients and healthcare professionals. However, with medicine becoming a data-intense enterprise, informed consent and medical confidentiality, as mechanisms of control, are put under pressure. In this paper we explore emerging models of informational control in data-intense healthcare and clinical research, which can compensate for the limitations of currently available instruments. More specifically, we discuss three approaches that hold promise in increasing individual control: the emergence of data portability rights as means to control data access, new mechanisms of informed consent as tools to control data use, and finally, new participatory governance schemes that allow individuals to control their data through direct involvement in data governance. We conclude by suggesting that, despite the impression that biomedical big data diminish individual control, the synergistic effect of new data management models can in fact improve it. (shrink)

John Searle’s account of collective intentions in action appears to have all the theoretical pros of the non-reductivist view on collective intentionality without the metaphysical cons of committing to the existence of group minds. According to Searle, when we collectively intend to do something together, we intend to cooperate in order to reach a collective goal. Intentions in the first-person plural form therefore have a particular psychological form or mode, for the we-intender conceives of his or her intended actions as (...) singular contributions by means of which – or: by way of which – a collective goal is pursued. Accordingly, we-intentions are held to have a psychological mode with a “collective goal by means of singular contribution” structure, which makes them primitive and irreducible to intentions in the I-form. It is further contended that, albeit primitive and irreducible, we-intentions are not the mental states of an alleged group mind but always of an individual’s mind. This paper targets Searle’s claim of irreducibility by developing an argument whose aim is to show that, pace Searle, it is possible to track the idea of intentions with a psychological mode structured in terms of “collective goal by means of singular contribution” back to the concept of intentions in the I-form. The argument mainly relies on the idea that Searle’s technical expressions “being a collective goal by means of singular contribution intention in action” or “being a collective goal by way of singular contribution intention in action” are susceptible to conceptual analysis. The upshot of this analysis is that we-intentions can be reduced to complex bundles of mental states, all of which come in the first-person singular form. If this argument is sound, Searlean we-intentions do not belong to a primitive kind of mental states. (shrink)

Until recently, an almost perfect parallelism seemed to hold between theories of identity through time and across possible worlds,as every account in the temporal case(endurantism,perdurantism, exdurantism) was mirrored by a twin account in the modal case (trans-world identity, identity-via-parts, identity-via-counterparts). Nevertheless, in the recent literature, this parallelism has been broken because of the implementation in the debate of the relation of location. In particular, endurantism has been subject to a more in-depth analysis, and different versions of it, corresponding to different (...) ways an entity can be located in time, emerged. In this article, we provide a precise map of the conceptions at stake, complete the debate by introducing a version of endurantism not yet considered in the debate — we call transcendentism — and show that it allows us to provide an effective interpretation of the relation of trans-world identity and an intuitive solution in the temporal case. (shrink)

On one influential view, metaphysical fundamentality can be understood in terms of joint‐carving. Ted Sider has recently argued that (i) some first order quantifier is joint‐carving, and (ii) modal notions are not joint‐carving. After vindicating the theoretical indispensability of quantification against recent criticism, I will defend a logical result due to Arnold Koslow which implies that (i) and (ii) are incompatible. I will therefore consider an alternative understanding of Sider's metaphysics to the effect that (i) some first order quantifier is (...) joint‐carving, and (iii) intensional notions are not joint‐carving. Another result due to Koslow entails that (i) and (iii) are also incompatible. I will argue that this second result is inconclusive. Nevertheless, (iii) is incompatible with another tenet of Sider's metaphysics, namely that (iv) ‘being joint‐carving’ is itself joint‐carving. In order to resolve the inconsistency, I will tentatively argue that condition (iv) should be renounced. (shrink)

Keenan (1987) observed that trivial determiners built from basic existential determiners (e.g.,either zero or else more than zero) are allowed inthere-insertion contexts, and that trivial determiners built from basic non-existential determiners (e.g.,either all or else not all) are not. This result is unexpected under the analyses ofthere-sentences proposed in Barwise and Cooper (1981), Higginbotham (1987), and Keenan (1987). I argue that the class of NPs barred from the postverbal position ofthere-sentences (strong NPs) is correctly characterized in presuppositional terms, as suggested (...) in de Jong and Verkuyl (1985) and Lumsden (1988). According to this characterization, strong NPs share one of the defining components of definiteness proposed in Heim (1982), namely the Descriptive Content Condition (DCC). How to derive the prohibition against strong NPs inthere-insertion contexts (definiteness effect) from the fact that strong NPs meet the DCC is not obvious, however. I argue that accounting for this prohibition involves regarding the XP-coda in [there be NP XP] as providing the contextual domain for the interpretation of the postverbal NP. (shrink)

We prove that the theory IΔ0, extended by a weak version of the Δ0-Pigeonhole Principle, proves that every integer is the sum of four squares (Lagrange's theorem). Since the required weak version is derivable from the theory IΔ0 + ∀x (xlog(x) exists), our results give a positive answer to a question of Macintyre (1986). In the rest of the paper we consider the number-theoretical consequences of a new combinatorial principle, the ‘Δ0-Equipartition Principle’ (Δ0EQ). In particular we give a new proof, (...) which can be formalized in IΔ0 + Δ0EQ, of the fact that every prime of the form 4n + 1 is the sum of two squares. (shrink)

With the publication of Theorie des kommunikativen Handelns (1981) and of his essays “A Reply to my Critics” (1982), “Diskursethik — Notizen zu einem Bugründungsprogramm” (1983), “Moralbewusstsein und kommunikatives Handeln” (1983), and “Über Moralität und Sitdichkeit — Was macht eine Lebensform ‘rational’?” (1984), Habermas has considerably developed and systematized his views on ethics. Up to Communication and the Evolution of Society (1979), ethics had been of interest to Habermas mainly insofar as certain concepts related to it — such as the (...) ideal speech situation, communicative action, presuppositions of argumentation, etc. — were crucial for the purpose of grounding a universalistic point of view in philosophy and in social theory. (shrink)

- Biological and cognitive systems have the capa- bility of developing new goals during phylogenesis of species or during ontogenesis of single individuals. On the other hand, current artificial cognitive systems focus on how achieving a given fixed set of hard-wired goals. They search an optimal solution of a problem, given a set of goals and a set of optimiza- tion criteria. They look for “how” to achieve a given goal. Natural agents develop new goals in order to cope with (...) par- tially unknown and ever changing environment. They must find “what” they want to achieve and not only “how”. The development of new goals on the basis of the interaction with the environment is here defined the “what” problem. The de- velopment of a collection of goals permits to redefine the con- cept of Umwelt in what could be considered the teleological Umwelt of an agent. The objective of this paper is twofold: i) to outline the “what” problem and ii) to describe a robotic archi- tecture capable of addressing it. (shrink)

In recent years a certain emphasis has been put by some scholars on Leibniz’s concern about empirical sciences and the relations between such concern and the development of his mature metaphysical system. In this paper I focus on Leibniz’s interest for the microscope and the astonishing discoveries that such instrument made possible in the field of the life sciences during the last part of the Seventeenth century. The observation of physical bodies carried out by the “magnifying glasses” revealed a matter (...) swarming everywhere with life and activity, contrary to the cartesian and atomistic view of matter as something sterile and passive. Moreover, the discovery of uncountable complete “animalcula” living in the smallest drop of water provided evidence for the idea of the preformation of every organism. During his lifetime, Leibniz was extremely watchful about the new microscopical discoveries and came into contact with some of the major “observers” of his time, such as Hooke, Leeuwenhoek, Swammerdam and Malpighi. Relying both on some passages in Leibniz’s texts and on recent critical studies, I will argue that important aspects of his metaphysics have been strongly affected by the empirical observation of the “invisible world” which the microscope made possible. In the last part of the paper I show how the concept of “preformation”, originally drawn from the context of the life sciences, comes to play in Leibnizʼs philosophy a very general role, going far beyond the scope of biology and shaping important aspects of his overall philosophical system. (shrink)

In this paper I shall deal with the question of whether a State-granted minimal income (which is not the same as a basic income) is a necessary condition in order for individuals (1) to attain a basic level of autonomy; and (2) to develop capabilities that allow them to improve the quality of their life. As a theoretical basis for my analysis I shall use Honneth’s theory of recognition, Sen’s capability approach (also in the version offered by Nussbaum), and Simmel’s (...) concept of independency as developed in his Philosophy of Money. A minimal income aims at guaranteeing not only the survival of the extremely poor (this could also be achieved by emergency programs), but also – in cooperation with other State programs such as education, medical and legal assistance etc – at enabling these individuals to be more independent from their social environment, where dependence often constitutes a strong obstacle to the development of their autonomy. The social and political inclusion of millions of people, both in threshold countries and in poor countries, depends upon the existence of such programs. (shrink)

The paper is structured into four parts. Firstly I discuss the connection between the concept of injustice and the idea of human or individual rights. The claim is quite trivial: the language of rights has been and is still used as a strategy to demand correctives against injustice. Since this strategy has negative effects, of which concrete examples are given, I suggest a different grammar be adopted, the grammar of needs, which is what societies adopt in their justificatory discourses anyway. (...) This leads into a consideration of how social criticism could start precisely from such discourses and why, under specific circumstances, the grammar of needs could represent a better strategy for this criticism than the language of rights does. (shrink)

We study the theory of K-vector spaces with a predicate for the union X of an infinite family of independent subspaces. We show that if K is infinite then the theory is complete and admits quantifier elimination in the language of K-vector spaces with predicates for the n-fold sums of X with itself. If K is finite this is no longer true, but we still have that a natural completion is near-model-complete.

Im Aufsatz wird auf die Rolle der drei pseudo-ulpianischen Regeln eingegangen, die in der Rechtslehre bei der „Allgemeinen Einteilung der Rechtspflichten“ auftauchen und verschiedene Probleme aufwerfen. Bisher wurden wenige Versuche einer genauen Definition und einer Beantwortung dieser Probleme unternommen. Dabei stellen diese Regeln einen wichtigen Schlüssel zum besseren Verständnis der ganzen Rechtslehre dar. Ihr systematischer Stellenwert bildet das Hauptthema dieser Abhandlung.

Este ensayo se ocupa de discutir el renacimiento de la tradición republicana en los últimos años, particularmente gracias a pensadores como Quentin Skinner, Maurizio Viroli y Philip Pettit. Se aborda esta tradición en sus principales elementos constitutivos, a saber: 1) el concepto de república propiamente dicho; 2) el papel central de las virtudes cívicas; 3) la concepción republicana de libertad; y 4) el concepto de gobierno de las leyes. Se desarrolla, en primer lugar, un breve análisis de estos cuatros elementos, (...) al mismo tiempo que se ponen en evidencia algunos problemas históricos y teóricos. A continuación, se compara la posición de los teóricos republicanos, tanto clásicos como contemporáneos, con la propia de la tradición liberal-democrática, que, para aquéllos, constituye el principal blanco de esta polémica. Finalmente, se introduce una nueva corriente de pensamiento que los neo-republicanos dejan, curiosamente, de lado: el constitucionalismo. (shrink)

The essay deals with the debate between neo-republicans and liberals. It discusses particularly the positions of Quentin Skinner, Philip Pettit and Maurizio Viroli. While not operating an exhaustive critical examination of the positions of these three thinkers, it focusses an aspect they have in common: the idea that the republican tradition stays in an irreducible conflict with the liberal tradition and with a certain conception of democracy. The essay analizes briefly the three main concepts of republicanism also in order to (...) point out to some historical and theoretical problems. It further compares the position of republican thinkers with the position of the liberal-democratic tradition which is their main target of their critics. In this context the essay introduces a further position which the neo-republicans quite curiously leave aside: constitutionalism. (shrink)

In this paper, I defend that the concept of systemic suffering represents a useful tool for social criticism. I shall first make some preliminary methodological remarks (1) and present different meanings that have been attributed to the concept of social suffering (2). I will then suggest that we adopt the concept of systemic suffering instead (3). The next step consists in showing how this form of suffering is connected to the existence of non-material aspects that contribute to social reproduction and (...) that can be defined as systemic doctrines (4). Finally, I shall offer some remarks on possible strategies for criticizing systemic suffering (5). (shrink)

In the following two passages we read Apollo's epiphany to the Trojan leader Aeneas and Callimachus.

By recent work on some conjectures of Pillay, each definably compact group in a saturated o-minimal structure is an extension of a compact Lie group by a torsion free normal divisible subgroup, called its infinitesimal subgroup. We show that the infinitesimal subgroup is cohomologically acyclic. This implies that the functorial correspondence between definably compact groups and Lie groups preserves the cohomology.

In this paper I will accept Georg Bertram’s criticism against what he calls the “autonomist paradigm” in philosophy of art and I will follow his theoretical suggestion: a coherent, informed, and accomplished philosophy of art should consider not only the specific nature of art, but also its value for the human practices and as one of the human practices. However, I will show the connection between human practices and art in a different, although related, way. Instead of beginning from a (...) reflection focused on art, I will rather move from the human practices, showing that “art” may be a particular way to look at and to develop human practices. I shall argue that the theoretical link between human practices and art can be provided by the notion of improvisation. Improvisation is not only a particular artistic technique. Rather, improvisation can be more generally understood as the paradigm of art, in the interesting sense, defended by Bertram, of incorporating and showing in a genetic way, on the one hand, the autonomous art specificity and, on the other hand, the value of art, that is, the link between human practices and art as a specific human practice. In this sense, art both derives from and is a particular way to improvise the human practices, i.e. to develop them in ways that can be valuable. Accordingly, improvisation as a specific artistic procedure will be understood as that kind of artistic production in which the human practice underlying art comes, as it were, to the fore. (shrink)

In this contribution, I discuss the status of comics particularly through the exemplification of Disney’s Dante parodies, in light of some ideas I take in from aestheticological reflection on improvisational art practices. In particular, L’Inferno di Topolino, the first of the great Italian Disney parodies, is paradigmatic for understanding the character of comics as a metafinational hybrid transmedium, capable of appropriating the contents of literary classics, bringing them to life in relation to the contemporary situation.

This article reviews three general themes pertaining to the transformation of Eastern European agriculture from a command system to a market oriented system. The first theme deals with the diverse character of Eastern European agriculture. In a context in which the agricultures of this region are often considered homogenous, acknowledgement of the varied dimension of this sector is a key element in both analytical and political terms. The second theme pertains to the “market”. The historical and theoretical dispute over the (...) role of the “market” has not only been central in the socio-economic reorganization of Eastern European countries and agricultures but is also a common element shared with the “West.” The third and final theme refers to the changing social stratification of rural regions. The emergence of new and powerful social groups and the demise of others represent fundamental aspects in the understanding of possible trajectories for development. The article concludes with a review of the contributions contained in this special issue of Agriculture and Human Values. (shrink)

The assumption that origins can be defined as a hermeneutic paradigm in the humanities and in the sciences is explored in relation to specific theoretical ...

This article shows that a forgotten source of Marsilius’ scientia of law-making in the Defensor Pacis is the Lucidator, the main astrological work of Peter of Abano. A compared analysis of these two works demonstrates that the theories of experientia and scientia that Marsilius considers necessary to make laws in the first dictio of the Defensor Pacis entirely draw on Peter of Abano’s views on the epistemological status of ‘the science of the stars’. It is shown that the purpose of (...) Marsilius’ reinstatement of Peter of Abano’s theory of scientia is to build a science of law-making that does not need natural law and is based on experience and certain demonstrations. (shrink)

The crisis of paradigms, regardless of them being scientific, social and religious, had during the 20th century an interesting reception. Totalitarian systems emerged, relativism in philosophy and science, and exhaustion of representative democracy. The conception of revolt in Camus covers all these concerns and tries to recuperate a kind of humanism that seeks to answer to these entire crises. This article intends to investigate the Camusian conception of revolt as a critique to State violence and a struggle to establish an (...) ethics of otherness. (shrink)

O artigo analisa diferentes discursos que, neste momento, estão sendo formulados sobre a religião na esfera pública. Não se falará nele da religião ou das religiões, mas da maneira na qual esses temas são percebidos e discutidos na opinião pública ocidental, em particular europeia, pois essa discussão tem algo relevante para a discussão sobre o papel da religião na sociedade brasileira. Serão considerados três discursos que serão denominados respectivamente de “determinismo cultural”, “anti-religiosidade seletiva” e “laicismo estatal”. A intenção do artigo (...) é apontar para os erros lógicos e categoriais e para as incoerências presentes nesses discursos que dominam o atual debate sobre o lugar da religião em geral e do Islã em particular nas sociedades ocidentais. (shrink)

O artigo discute o papel da solidariedade na sociedade pós-convencional, mostrandocomo ela se entrelaça com a noção de uma autonomia individual amparada em direitosfundamentais. Para este fim, serão considerados dois experimentos mentais pensados porJoel Feinberg e Eamonn Callan, em seguida, se passará à definição que Jürgen Habermas eAxel Honneth deram do conceito de solidariedade e, finalmente, serão apresentadas algumasconsiderações sobre o conceito de autonomia individual.

The practice of the Western medicine often identifies the symptom with the disease itself, but a current of thought and medical practice considers it as the important message of an organic imbalance. In fact, in standard therapies symptoms are usually suppressed, thus interrupting a normal physiological process and risking severe reactions due to the organic imbalance. Dr. Hahnemann, the father of homeopathy, founded his diagnostic and therapeutic model on the interpretation of the symptoms and maintained that symptoms are an expression (...) of altered physiology. The same concept is to be found in Dr. Reckeweg's “reactivity” and homotoxicology; he believed that diseases are the expression of the struggle of the body against toxins. Reckeweg's contribution was particularly important in considering the inflammation process as a biologic process through which the body restores its health. Also PNEI proposes a model where the symptom is interpreted as information and as the res... (shrink)

Care work may be connected with emotional and psychological exhaustion but also gratification, reward, and self-empowerment. Caregivers experience both positive and negative emotional states in caring situations, and further studies on the rewarding and energizing aspects of care may help us to broaden our understanding of how we can reduce the degree of burden while increasing the sense of satisfaction. This article shows how the focus on emotion is a necessary step to show the ambivalences and the grey areas connected (...) with the concept of care as well as to challenge the not fully explored assumption that care is often associated with burden and stress and viewed as a result of circumstances. It reports the findings of a micro-situated study of daily care activities among 80 caregivers. Care is seen as a strategic site to grasp deeper insights into the interactional mechanisms through which the emotional dynamics revolving around care produce unanticipated outcomes in terms of symbolic and practical productivity. (shrink)

In this paper I suggest that we look to improvisation in order to understand artistic creativity. Indeed, instead of being anti-artistic in nature, due to its supposed unpreparedness, inaccuracy, and repetitive monotony, improvisation in art exemplifies and 'fuels' artistic creativity as such. I elucidate the relationship between improvisation and artistic creativity in four steps. I discuss the concept of creativity in general (I) and in reference to art (II). Then I focus on the properties and the phenomenology of improvisation (III). (...) Finally, I explain why improvisation can be understood as an exemplifying instance of art creativity (IV). (shrink)

This volume covers a wide range of topics that fall under the 'philosophy of quantifiers', a philosophy that spans across multiple areas such as logic, metaphysics, epistemology, and even the history of philosophy. It discusses the import of quantifier variance in the model theory of mathematics. It advances an argument for the uniqueness of quantifier meaning in terms of Evert Beth’s notion of implicit definition, and clarifies the oldest explicit formulation of quantifier variance: the one proposed by Rudolf Carnap. -/- (...) The volume further examines what it means that a quantifier can have multiple meanings, and addresses how existential vagueness can induce vagueness in our modal notions. Finally, the book explores the role played by quantifiers with respect to various kinds of semantic paradoxes, the logicality issue, ontological commitment, and the behavior of quantifiers in intensional contexts. ​. (shrink)