Los cambios en los procesos de producción del derecho y la modificación estructural del sistema de fuentes ponen en tela de juicio el modelo de derecho diseñado por el positivismo jurídico del XIX, basado en el monopolio legislativo en la creación del derecho y en la consideración de proceso de aplicación del derecho como un procedimiento de subsunción formal. En ese nuevo escenario, el momento aplicativo y hermenéutico del derecho adquieren un protagonismo central. En las nuevas y complejas funciones que (...) asume el intérprete del derecho para tratar de recomponer la unidad y la coherencia de los ordenamientos jurídicos complejos, faltos de plenitud y fragmentados, la recuperación del rol normativo autónomo de los principios jurídicos se convierte en una exigencia imprescindible. El autor ilustra ese renovado papel de los principios con ejemplos del derecho constitucional, el derecho tributario y el derecho procesal civil. (shrink)

The mention of a “Dog” (Κύων) by Aristot. Rhet. 3,10,1411a24-25 should be interpreted as a reference to Diogenes the Cynic, and not to Antisthenes, as was argued by Goulet- Caze.

This paper focuses on some issues where the process of convergence between analytical and hermeneutic perspectives, with respect to their general philosophical grounds, mainly turns out to be clear. On the analytical side, the overcoming of logical Neopositivism and radical formalism and the rejection of the atomistic theory of reference by holistic theories of meaning have been the core shifts. On the side of the continental philosophical tradition, the main theoretical change lies in replacing the centrality of the subject with (...) the centrality of language, with its links to the dimension of intersubjectivity. Furthermore, the importance given to concepts such as action and intention, mainly due to the Wittgensteinian connection between language and forms of life, has led to recognising the active role of the subject in the world and the ability of language to be a means for doing things and not just a system of signs representing the world. Such a convergence, though it has not yet been reached, seems to be particularly fertile in the legal domain. Here, for example, some outcomes of speech acts theory fit the hermeneutic view of law. (shrink)

“What is and what is defined as populism?” In response to this question the best political theories and philosophies have put forward many different answers, that are taken into account in this article. The article affirms the constitutive ambiguity of the concept of “populism” and its ability to unify very different issues. After analyzing some of the implications that populism entails in practice, the article stresses the link between populism and the end of the logic of the principle of representation, (...) specific of the liberal and democratic theories. The emphasis on the role of the “people” in opposition to the political elites is also a feature of populism, analyzed by the author in this article. In conclusion, the author focuses on the legal field: some of the contemporary constitutional theories, in particular the so-called “popular constitutionalism”, are discussed. These theories, while polemicizing with those authors who overestimate the role of the Supreme Court, reassess the function of the average citizen in the life of constitutional culture, with the intent of favouring greater political participation and strengthening democratic life. (shrink)

In _The Enigma of Art. On the provenance of Artistic Creation_ Gino Zaccaria offers a meditation on art in light of its ancient Greek sense and of its task inaugurated by “artist-thinkers” like Cézanne, Boccioni and van Gogh.

The relatedness between a country or a firm and a product is a measure of the feasibility of that economic activity. As such, it is a driver for investments at a private and institutional level. Traditionally, relatedness is measured using networks derived by country-level co-occurrences of product pairs, that is counting how many countries export both. In this work, we compare networks and machine learning algorithms trained not only on country-level data, but also on firms, which is something not much (...) studied due to the low availability of firm-level data. We quantitatively compare the different measures of relatedness, by using them to forecast the exports at the country and firm level, assuming that more related products have a higher likelihood to be exported in the future. Our results show that relatedness is scale dependent: the best assessments are obtained by using machine learning on the same typology of data one wants to predict. Moreover, we found that while relatedness measures based on country data are not suitable for firms, firm-level data are very informative also for the development of countries. In this sense, models built on firm data provide a better assessment of relatedness. We also discuss the effect of using parameter optimization and community detection algorithms to identify clusters of related companies and products, finding that a partition into a higher number of blocks decreases the computational time while maintaining a prediction performance well above the network-based benchmarks. (shrink)

Lo scritto costituisce un primo saggio preparatorio (redatto in forma di dialogo a quattro voci) di un volume consacrato al pensiero di Eraclito. In esso, si indaga il senso greco iniziale della parola "logos", quale dizione fondamentale della grecità.

This is a response to James J. Allegro’s article “The Bottom of the Universe: Flat Earth Science in the Age of Encounter,” published in Volume 55, Number 1, of this journal. Against the solid consensus of modern scholars, Allegro contends that the decades around 1500 saw a resurgence of popular and learned doubts about the existence of a southern hemisphere and the concept of a spherical earth more generally. It can be shown that a substantial part of Allegro’s argument rests (...) on an erroneous reading of his main textual witness, Zaccaria Lilio’s Contra Antipodes (1496), and on a failure adequately to place this source in the context of the cosmographical debate of the late fifteenth and early sixteenth centuries. Once this context is taken into account, the notion that Lilio was a flat-earther falls flat. (shrink)

Zaccaria Pasqualigo developed his doctrine concerning the nature of metaphysics and of its object in the twenties of the 17th century. It belongs to the group of reactions, in the Catholic milieu, to the theses propounded by Francisco Suárez on this topic. Pasqualigo develops a metaphysics whose formal object is not the transcendental being, but the being considered as the way of being of the quidditas rei omnino abstrahens a materia. However, the ‘prescinding from matter’ that is proper of (...) this being is not understood by Pasqualigo as an indifference to what is material and to what is spiritual. On the contrary, according to this author the being that metaphysics deals with is intrinsically material. Therefore, metaphysics deals with material being considered apart from matter purely by means of an action of the mind. As a result, according to Pasqualigo metaphysics is a science superior to physics, but it is not a science superior to rational theology; actually, Pasqualighian metaphysics is almost completely separated from whatever kind of theology. (shrink)

"Gabriel Cercel: Martin HEIDEGGER, Reden und andere Zeugnisse eines Lebensweges; Attila Szigeti: Emmanuel LEVINAS, Positivité et transcendance. Suivi de Lévinas et la phenomenology; Cristian Ciocan: Jean-Luc MARION, Crucea vizibilului; Gabriel Cercel: Mădălina DIACONU, Blickumkehr. Mit Martin Heidegger zu einer relationalen ästhetik; Cristina Ionescu: Mark WRATHALL, Jeff MALPAS, Essays in Honour of Hubert L. Dreyfus; Cristian Ciocan: Ion COPOERU, Aparenţă şi sens. Repere ale fenomenologiei constitutive; Cristian Ciocan: Michael INWOOD, A Heidegger Dictionary; Cristian Ciocan: Linda FISCHER, Lester EMBREE, Feminist Phenomenology; Mădălina (...) Diaconu: Renato CRISTIN, Fenomeno storia. Fenomenologia e storicità in Husserl e Dilthey; Cristian Ciocan: Michel HAAR, La philosophie française entre phénoménologie et métaphysique; Gabriel Cercel: Otto PÖGGELER, Heidegger in seiner Zeit; Roxana Albu: James RISSER, Heidegger toward the Turn, Essays on the work of the 1930s; Cristian Ciocan: Virgil Ciomoş, Timp şi Eternitate. Aristotel, Fizica IV 10-14, Interpretare fenomenologică; Cristina Ionescu: William D. BLATTNER, Heidegger's Temporal Idealism; Bogdan Mincă: Gino ZACCARIA, L'inizio greco del pensiero. Heidegger e l'essenza futura della filosofia; Mădălina Diaconu: Ute GUZZONI, Wohnen und Wandern; Bogdan Tătaru-Cazaban: Emmanuel LÉVINAS, Totalitate şi infinit; Mihail Neamţu: Jean-Luc MARION, Étant donné. Essai d'une phénoménologie de la donation; Gabriel Cercel: Robert PETKOVŠEK, Heidegger-Index ; Cristian Ciocan: Einar ØVERENGET, Seeing The Self. Heidegger on Subjectivity Mihail Neamţu: Rolf KÜHN, Husserls Begriff der Passivität. Zur Kritik der passiven Synthesis in der genetischen Phänomenologie.". (shrink)

A short historical overview of the idea of equality from early modernity to the twentieth century.

A reconstruction of the history of a family of words, from ancient Greek and Hebrew to Modern languages, with an overview of one century discussion about justice, the separation of law and politics, and the ethical element in political theory.

A reconstruction of the history of the wording civil society and of the curious twist in its usage and meaning, highlighting why the term had an important role in Continental political thinking and was ignored until comparatively recently in Anglo-Saxon political discourse.