Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law. The book contains thirteen original chapters written by an international team of leading philosophers and legal theorists, and is divided into four clear (...) parts: The nature of law and of legislative intention Practical reasoning and duties Causality, blameworthiness, and responsibility Citizens, states, and institutions. These sections cut across, and build on, different accounts to advance the debate on classical and new issues in collective agency. Each part also features legal-philosophical analyses that draw on general accounts of collective agency to cast new light on the law, descriptive as well as normatively. Collective Action, Philosophy and Law is the first major interdisciplinary and multi-authored work bridging legal and philosophical approaches to collective agency. As such, it is essential reading for students and researchers of philosophy of law, ethics, political philosophy, jurisprudence, and legal theory. (shrink)

Hotel architectural design plays a critical role in the hospitality experiences of consumers, and it is important to consider that people may have different aesthetic cognitions toward the sensory properties of nature, such as its color and texture, as well as the landscape. While neuroaesthetics has emerged as a nascent field in hospitality research, few studies have investigated how nature reflects aesthetic experiences in the human brain. Moreover, the neuroaesthetic interpretation of architecture through the aesthetic triad is a novel interdisciplinary (...) field. A field survey conducted at Amanfayun, a hotel in Hangzhou, China, in support of our propositions proves that sensory-motor, knowledge-meaning, and emotion valuation systems play key roles in appreciating architectural aesthetics. This study demonstrates that the evaluation of fluency, complexity, and naturalistic patterns of an architectural masterpiece is achieved through the sensory-motor systems. Our results also prove that familiarity, expectations, context, and cultural background directly affect the aesthetic knowledge of an individual and the meaning of architecture. Moreover, the interaction of sensory-motor and knowledge elements is uniformly moderated by the emotion valuation systems, resulting in a balanced appreciation of aesthetic architecture. Finally, the study reveals the central roles of culture and nature in cognitive rejuvenation. (shrink)

BackgroundThis study aimed at standardizing and providing preliminary evidence on the clinical usability of the Italian telephone-based Verbal Fluency Battery, which includes phonemic, semantic and alternate verbal fluency tasks.MethodsThree-hundred and thirty-five Italian healthy participants and 27 individuals with neurodegenerative or cerebrovascular diseases were administered the t-VFB. Switch number and cluster size were computed via latent semantic analyses. HPs underwent the telephone-based Mental State Examination and Backward Digit Span. Construct validity, factorial structure, internal consistency, test-retest and inter-rater reliability and equivalence with (...) the in-person Verbal Fluency tasks were assessed. Norms were derived via Equivalent Scores. Diagnostic accuracy against clinical populations was assessed.ResultsThe majority of t-VFB scores correlated among each other and with the BDS, but not with the MMSE. Switch number correlated with t-PVF, t-SVF, t-AVF scores, whilst cluster size with the t-SVF and t-AVF scores only. The t-VFB was underpinned by a mono-component structure and was internally consistent. Test-retest and inter-rater reliability were optimal. Each t-VFB test was statistically equivalent to its in-person version. Education predicted all t-VFB scores, whereas age t-SVF and t-AVF scores and sex only some t-SVF scores. Diagnostic accuracy against clinical samples was optimal.DiscussionThe t-VFB is a valid, reliable and normed telephone-based assessment tool for language and executive functioning, equivalent to the in-person version; results show promising evidence of its diagnostic accuracy in neurological populations. (shrink)

Este artículo interpreta los vínculos entre espacio y memoria en la novela El sistema del tacto(2018) de Alejandra Costamagna a partir de la configuración de una geografía afectiva del Cono Sur, un imaginario de provincia argentina y un archivo familiar de la migración. La emergencia de un imaginario territorial que incluye el cruce transadino, el recorrido por la pampa y la ciudad provinciana de Campana proyecta distintas formas de vida social transformadas en el tiempo. Estos imaginarios se elaboran tanto desde (...) una figura de infancia que despliega una percepción particular del paisaje natural como desde una subjetividad que en el presente narrativa retorna para constatar la caducidad de las formas de vivir y habitar del siglo XX. La novela integra aspectos espaciales, materiales y lingüísticos en la conformación de distintas experiencias, imágenes y percepciones del entorno. (shrink)

This article addresses the use of foreign law in constitutional adjudication. We draw on the ideas of wide reflective equilibrium and public reason in order to defend an engagement model of comparative adjudication. According to this model, the judicial use of foreign law is justified if it proceeds by testing and mutually adjusting the principles and rulings of our constitutional doctrines against reasonable alternatives, as represented by the principles and rulings of other reasonable doctrines. By this, a court points to (...) a wide reflective equilibrium, justifying its own interpretations with reasonable arguments, i.e. arguments that are acceptable from the perspectives defined by other constitutional doctrines, as endorsed by other courts. The point of a judicial engagement of this sort is to work out an overlap between different, reasonable, doctrines in the judicial forum, as part of a liberal forum of public reason. Here, the exercise of public reason filters out the premises of comprehensive doctrines so as to leave us in the region of an overlapping consensus: a region of mid-level principles that can be shared, notwithstanding the fact of legal pluralism. (shrink)

Volume 10, Issue 1, March 2019, Page 121-131.

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...) this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

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. (shrink)

The dialogue focuses on the major issues of the contemporary theoretical debate on judicial review and the Supreme Court's role in American constitutional democracy. The discussion begins with the US Supreme Court's case Hamdan v. Rumsfeld, successfully argued by Prof. Katyal last year, and covers important issues such as the separation and balance of powers after 9/11, the legitimacy of the laws of terror, the relation between US constitutional law and foreign law, the counter‐majoritarian difficulties posed by the exercise of (...) judicial review, and the legal academy's influence on legal practice. (shrink)

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. (shrink)

This paper highlights the results of a theoretical analysis aiming to prove that the key dimensions of Global Competence framework as proposed by OECD in 2016 are integrated in the so-called Pedagogy of Communion: the educational approach sprouted from the experience of Chiara Lubich and the Focolare Movement. The socio-ontological intelligence theoretical model may represent a valid support to all parties interested in developing the emerging OECD Education 2030 Framework aimed at establishing a common grammar and language, to support (...) the design of curricula fostering the development of global competence. This theoretical reference framework used for the analysis proposed in this paper is an updated version of the Model of Social Intelligence, integrated with an ontological perspective. (shrink)

This collection is the final volume of a four book survey of the state of phenomenology fifty years after the death of Edmund Husserl. Its publication represents a landmark in the comprehensive treatment of contemporary phenomenology in all its vastness and richness. The diversity of the issues raised here is dazzling, but the main themes of Husserl's thought are all either explicitly treated, or else they underlie the ingenious approaches found here. Time, historicity, intentionality, eidos, meaning, possibility/reality, and teleology are (...) the main concerns of this collection devoted to studies in aesthetics, metaphysics and literary interpretation, written by such authors as, among others, R. Cobb-Stevens, C. Moreno Marquez, J. Swiecimski, Sitansu Ray and M. Kronegger. These original studies of phenomenological aesthetics and literary theory by scholars from all parts of the world were gathered by the World Institute for Advanced Phenomenological Research and Learn ing during the year 1988/89 during its assessment of the phenomeno logical movement, fifty years after Husserl's death. IX A -T. Tymieniecka (ed.), Analecta Husserliana, Vol. XXXVII, ix. (shrink)

: This paper explores vicarious responsibility and circumstantial luck from a first-person perspective, drawing on ethnographic research on parenting in Reform Era China. The paper focuses on how informants drew boundaries between what they could and could not control in raising a child who might thrive in a hypercompetitive society. In doing so, the paper engages the question, “What kind of moral agent do we want?” by proposing that we also ask, “What kind of moral agent do we find?” In (...) contrast to the hypothetical figure of a walled-off agent who must be convinced of the duty to take on responsibilities in a circumstance of moral luck, empirical research finds instead a vulnerable agent who has taken on ‘too much’. (shrink)

A descriptive norm is a behavioral rule that individuals follow when their empirical expectations of others following the same rule are met. We aim to provide an account of the emergence of descriptive norms by first looking at a simple case, that of the standing ovation. We examine the structure of a standing ovation, and show it can be generalized to describe the emergence of a wide range of descriptive norms.

Belandria, Margarita Artículos El erotismo como experiencia vinculada a lo sagrado Eroticism as an experience linked to the sacred order Castrejón, Gilberto Laberintos de sabiduría: Entre la razón y el mito Labyrinths of the knowledge: Between the reason and the myth Espar, Teresa Hacia una noción de "globalización" Towards a globalization notion González R., Javier y Belandria, Margarita Filosofía, semiótica, y ritmo Philosophy, semiotics, and rhythm Hocevar, Drina Más allá del pensamiento determinante, el pensamiento reflexionante Beyond deterministic thought, reflexive (...) thought Maldonado, Rebeca La muerte como imaginario social: una mirada de la modernidad a la postmodernidad cultural Death as a social imaginary: A view modernity to cultural postmodernity Mora García, José Pascual El impacto de la ideología y la política en la cultura y el arte de la América Latina Ideological and political interference related to artistic and cultural creations in the Latin American ambit Peña, Edilio Ontología de la trascendencia Metaphysics of Transcendence Ramis Muscato, Pompeyo Sentido de una reforma general de la educación The meaning of a general reform on education Suzzarini, Andrés Traducciones H. Arendt y la idea del derecho moderno Renaut, Alain y Sosoe, Lukas Interdisciplinares Los personajes femeninos en las novelas de Alejo Carpentier Márquez Rodríguez, Alexis Gobernabilidad y constituciones (De la colonización a la emancipación Zambrano Labrador, Laurencio Recensiones Conozca al investigador: Elías Capriles Acercamiento a la obra: Individuo Sociedad y Ecosistema Velasco, Fabiola CDCHT. (shrink)

This paper focuses on the presumed existence of two versions of Medea and Heracles in the Euripidean corpus that circulated in antiquity. After a brief review of the main papyrological evidence, namely P.Oxy. LXXVI 5093 for the Medea and P.Hibeh II 179 for the Heracles, I discuss the implications of adding another Medea and another Heracles to the Euripidean corpus in the light of the extant ancient testimonies on the number of works in Euripides’ oeuvre. Moreover, I examine the clues (...) provided by the headings of the hypotheses of the extant Medea and the extant Heracles as preserved in P.IFAO inv. PSP 248 and P.Oxy. LXXXI 5284. On these grounds, I argue that the supposed evidence for the existence of two distinct Medea and two distinct Heracles plays should not be interpreted as evidence of double authorial versions. (shrink)

This article argues that a particular metaphysical model permeates cultural practices surrounding pregnancy: the foetal container model. Widespread uncritical reliance on this view of pregnancy has been highly detrimental to women's liberty and reproductive autonomy. In this article, I extend existing critiques of the medical treatment of pregnant women to the context of the burgeoning commercial surrogacy industry. In doing so, I aim to show that our philosophical analysis in both spheres is constrained by the presupposition that the foetus and (...) pregnant woman are metaphysically and ethically distinct entities. By exploring the similarities and differences between the expectations placed on pregnant women in these two spheres, I show that the foetal container model is not a homogeneous understanding of pregnancy applied consistently across contexts; rather, it has been used to justify various practices and attitudes toward pregnancy and pregnant women through different moral frameworks, in the service of different overarching aims. (shrink)

Lacan was not an ahistorical post-structuralist. Starting from this controversial premiss, Teresa Brennan tells the story of a social psychosis. She begins by recovering Lacan's neglected theory of history which argued that we are in the grip of a psychotic's era which began in the seventeenth century and climaxes in the present. By extending and elaborating Lacan's theory, Brennan develops a general theory of modernity. Contrary to postmodern assumptions, she argues, we need general historical explanation. An understanding of historical (...) dynamics is essential if we are to make the connections between the outstanding facts of modernity - ethnocentrism, the relationship between the sexes and ecological catastrophe. (shrink)

Belandria, Margarita Artículos El erotismo como experiencia vinculada a lo sagrado Eroticism as an experience linked to the sacred order Castrejón, Gilberto Laberintos de sabiduría: Entre la razón y el mito Labyrinths of the knowledge: Between the reason and the myth Espar, Teresa Hacia una noción de "globalización" Towards a globalization notion González R., Javier y Belandria, Margarita Filosofía, semiótica, y ritmo Philosophy, semiotics, and rhythm Hocevar, Drina Más allá del pensamiento determinante, el pensamiento reflexionante Beyond deterministic thought, reflexive (...) thought Maldonado, Rebeca La muerte como imaginario social: una mirada de la modernidad a la postmodernidad cultural Death as a social imaginary: A view modernity to cultural postmodernity Mora García, José Pascual El impacto de la ideología y la política en la cultura y el arte de la América Latina Ideological and political interference related to artistic and cultural creations in the Latin American ambit Peña, Edilio Ontología de la trascendencia Metaphysics of Transcendence Ramis Muscato, Pompeyo Sentido de una reforma general de la educación The meaning of a general reform on education Suzzarini, Andrés Traducciones H. Arendt y la idea del derecho moderno Renaut, Alain y Sosoe, Lukas Interdisciplinares Los personajes femeninos en las novelas de Alejo Carpentier Márquez Rodríguez, Alexis Gobernabilidad y constituciones (De la colonización a la emancipación Zambrano Labrador, Laurencio Recensiones Conozca al investigador: Elías Capriles Acercamiento a la obra: Individuo Sociedad y Ecosistema Velasco, Fabiola CDCHT. (shrink)

There is a vast class of things that science has so far almost entirely neglected. They are central to the understanding of physical reality both at an everyday level and at the level of the most fundamental phenomena in physics, yet have traditionally been assumed to be impossible to incorporate into fundamental scientific explanations. They are facts not about what is--the actual--but about what could be: counterfactuals. According to physicist Chiara Marletto, laws about things being possible or impossible may (...) generate an alternative way of providing explanations. This fascinating, far-reaching approach holds promise for revolutionizing the way fundamental physics is formulated, but also for providing essential tools to face existing technological challenges, from delivering the next generation of information-processing devices, beyond the universal quantum computer, to designing AIs. Each chapter in the book delineates how an existing vexed open problem in science can be solved by this radically different approach; and it is augmented by short fictional stories that explicate the main point of the chapter. As Marletto demonstrates, contemplating what is possible can give us a more complete and hopeful picture of the physical world. (shrink)

ABSTRACTThe concept of the social imaginary has been introduced as an alternative to theories of the imagination. Whereas the imagination tends to be conceived as a faculty that we possess as indiv...

When German authorities established the Theresienstadt Ghetto for Bohemian and Moravian Jews in late 1941, the site initially functioned much like other ghettos and transit camps at the time, as a mere way station to sites of extermination further East. The decision to reconfigure the ghetto as a site of internment for select “privileged” groups of Jews from Germany and Western Europe, and its advertisement as a “Jewish settlement” in Nazi propaganda, constituted an apparent paradox for a regime that sought (...) to make the Greater German Reich “judenrein” (clean of Jews). This article investigates the Theresienstadt Ghetto from a historical-spatial perspective and argues that varying prejudices and degrees of antisemitism shaped divergent “spatial solutions” to segregate Jews from non-Jews, wherein the perceived divide between so-called “Ostjuden” and assimilated Western Jews played a central role. In this analysis, Theresienstadt emerges as a logical culmination to paradoxical policies designed to segregate select groups of German and assimilated Western European Jews. (shrink)

In this paper, I explore the ways in which consideration of adolescent parents forces us to confront and question common presuppositions about parental rights. In particular, I argue that recognising the right of adolescent mothers not to be forcibly separated from their newborn children justifies rejecting the notion that parental rights are all acquired in the same manner and acquired as a ‘bundle’ of concomitant moral rights. I conclude that children and adolescents who conceive and give birth have some parental (...) rights concerning their newborn children – in particular, the right not to be forcibly separated from those children – even if they do not have the ‘full complement’ of parental rights as we generally characterise these. (shrink)

Men's gender ideologies have changed more slowly than women's since the 1970s; this article analyzes the period and cohort processes that underlie men's attitude change and how the individual-level characteristics of conservative men differ by birth cohort. Using multidimensional measures of gender role attitudes from the 1974-1998 General Social Surveys, the author finds that changes in men's attitudes have been brought about both by period influences, especially during the 1970s, and by cohort replacement. Analyses of multivariate interaction effects demonstrate that (...) education has become a much less significant predictor of attitudes for men born after 1945. (shrink)

This study conducted on a sample of 295 Dutch and Italian undergraduate and graduate students aims to investigate how psychopathic personality traits (meanness, boldness and disinhibition) may lead to cheating behavior, and to study whether there are correlations between psychopathic traits, motivation, moral disengagement, the perception of seriousness of academic dishonesty and frequency of academic dishonesty to try to better understand what causes students to cheat and engage in dishonest conduct. Results confirmed the key role of psychopathic traits, particularly the (...) disinhibition aspect in predicting academic dishonesty. In addition, it was shown that students’ perceptions of what constitutes academic dishonesty and what does not are also important in predicting the frequency of dishonest behavior. Furthermore, the role of motivation and moral disengagement in predicting and mediating the relationship between traits of psychopathy and academic dishonesty were analyzed through mediation and regression analysis. (shrink)

Introduction : philanthropy in democratic societies / Rob Reich, Lucy Bernholz, and Chiara Cordelli -- Altruism and the origins of nonprofit philanthropy / Jonathan Levy -- Why is the history of philanthropy not a part of American history? / Olivier Zunz -- On the role of foundations in democracies / Rob Reich -- Contributory or disruptive : do new forms of philanthropy erode democracy? / Aaron Horvath and Walter W. Powell -- Reconciling corporate social responsibility and profitability : guidelines (...) for the conscientious manager / Paul Brest -- When is philanthropy? : how the tax code's answer to this question has given rise to the growth of donor-advised funds and why it's a problem / Ray D. Madoff -- Creating digital civil society : the Digital Public Library of America / Lucy Bernholz -- The free-provider problem : private provision of public responsibilities / Eric Beerbohm -- Philanthropy and democratic ideals / Ryan Pevnick -- Reparative justice and the moral limits of discretionary philanthropy / Chiara Cordelli. (shrink)