Central to the legal positivism of the nineteenth and the first half of the twentieth century was the dogma of the Ideal Legislator. Legal materials were to be interpreted as the work of an omniscient, coherent, consistent legislator. We argue that this dogma persists in the different guise of the competent speaker model, on which legal materials are the work of a competent speaker, who follows all the pertinent semantic and pragmatic rules. We will first lay out the Ideal Legislator (...) dogma as applied in legal interpretation, arguing that this dogma does not limit interpretive discretion but rather amplifies it by hiding it under the veil of an inexistent, purely instrumental rationality. We will then turn to the competent speaker model, showing that, despite its apparent neutrality, it proves to be a reincarnation of the Ideal Legislator dogma, for it, too, amplifies interpretive discretion, only it hides it under the veil of an inexistent, purely linguistic rationality. Finally, we will inquire into the different types of rationality and their relations, arguing that there is always a choice and value judgment involved in ascribing rationality to legislators, and that these choices and judgments need to be carefully inspected and normatively justified. (shrink)

Central to the legal positivism of the nineteenth and the first half of the twentieth century was the dogma of the Ideal Legislator. Legal materials were to be interpreted as the work of an omniscient, coherent, consistent legislator. We argue that this dogma persists in the different guise of the competent speaker model, on which legal materials are the work of a competent speaker, who follows all the pertinent semantic and pragmatic rules. We will first lay out the Ideal Legislator (...) dogma as applied in legal interpretation, arguing that this dogma does not limit interpretive discretion but rather amplifies it by hiding it under the veil of an inexistent, purely instrumental rationality. We will then turn to the competent speaker model, showing that, despite its apparent neutrality, it proves to be a reincarnation of the Ideal Legislator dogma, for it, too, amplifies interpretive discretion, only it hides it under the veil of an inexistent, purely linguistic rationality. Finally, we will inquire into the different types of rationality and their relations, arguing that there is always a choice and value judgment involved in ascribing rationality to legislators, and that these choices and judgments need to be carefully inspected and normatively justified. (shrink)

: In the context of nineteenth-century philosophical reflection, Francesco Bonatelli set himself the following goal: to defend the pillars of Spiritualism and ontology through an careful examination of psychic contents and consciousness, while closely contesting both the psychology and the psychophysiology of Positivism and Spiritualism itself, La coscienza e il meccanesimo interiore and Percezione e pensiero Bonatelli puts forward his “critical experience-grounded philosophy” and proposes an original solution to the problem of the nature of the subject, consciousness and its (...) unity, using an analysis of “sentiments” to reveal the inseparable tangle of the cognitive and ontological dimensions of the self. Keywords : Positivism; Consciousness; Self-consciousness; Actus essendi ; Substance; Gnoseology Francesco Bonatelli: un approccio critico alla coscienza e al soggetto umano tra spiritualismo e positivismo Riassunto : Nel contesto della riflessione filosofica dell’Ottocento, Francesco Bonatelli scelse come proprio ufficio la difesa dei capisaldi dello spiritualismo e dell’ontologia, mediante un attento esame dei contenuti psichici e della coscienza stessa, in un serrato confronto con la psicologia e psicofisiologia del positivismo e con lo spiritualismo stesso. In opere come Pensiero e conoscenza, La coscienza e il meccanesimo interiore e Percezione e pensiero, Bonatelli espose la propria “filosofia critica a base sperimentale” e propose una soluzione originale al problema della natura del soggetto, della coscienza e della sua unità, mostrando come nell’analisi dei sentimenti si riveli l’inscindibile intreccio delle due dimensioni, cognitiva e ontologica, dell’io. Parole chiave : Positivismo; Coscienza; Autocoscienza; Actus essendi ; Sostanza; Gnoseologia. (shrink)

This book deals with some Peripatetic philosophers of the Hellenistic age who were direct and indirect pupils of Aristotle. The main focus of the book is Aristotle's school in the Hellenistic period, a subject not particularly explored by the scholars. Three main issues are addressed in the chapters of the book: the problem of knowledge, the question of time, and the doctrine of the soul. More specifically the topics addressed are: the problem of sense-perception and the method of multiple explanations (...) in the field of meteorology in Aristotle, Theophrastus and Epicurus, the epistemology of Strato, the notion of time in Eudemus and Strato, the conception of sleep in Clearchus, the doctrine of divination in Cratippus. Finally, the Appendix examines the probable influence of the physics of Strato on the medicine of Asclepiades of Bithynia. These themes are investigated by comparing the positions of the Peripatetics with Aristotle's philosophy, but above all by contextualising the doctrines of the Peripatetics within the broader framework of Hellenistic philosophies. (shrink)

Background Providing understandable information to patients is necessary to achieve the aims of the Informed Consent process: respecting and promoting patients’ autonomy and protecting patients from harm. In recent decades, new, primarily digital technologies have been used to apply and test innovative formats of Informed Consent. We conducted a systematic review to explore the impact of using digital tools for Informed Consent in both clinical research and in clinical practice. Understanding, satisfaction and participation were compared for digital tools versus the (...) non-digital Informed Consent process. Methods We searched for studies on available electronic databases, including Pubmed, EMBASE, and Cochrane. Studies were identified using specific Mesh-terms/keywords. We included studies, published from January 2012 to October 2020, that focused on the use of digital Informed Consent tools for clinical research, or clinical procedures. Digital interventions were defined as interventions that used multimedia or audio–video to provide information to patients. We classified the interventions into 3 different categories: video only, non-interactive multimedia, and interactive multimedia. Results Our search yielded 19,579 publications. After title and abstract screening 100 studies were retained for full-text analysis, of which 73 publications were included. Studies examined interactive multimedia, non-interactive multimedia, and videos, and most studies were conducted on adults. Innovations in consent were tested for clinical/surgical procedures and clinical research. For research IC, 21 outcomes were explored, with a positive effect on at least one of the studied outcomes being observed in 8/12 studies. For clinical/surgical procedures 49 outcomes were explored, and 21/26 studies reported a positive effect on at least one of the studied outcomes. Conclusions Digital technologies for informed consent were not found to negatively affect any of the outcomes, and overall, multimedia tools seem desirable. Multimedia tools indicated a higher impact than videos only. Presence of a researcher may potentially enhance efficacy of different outcomes in research IC processes. Studies were heterogeneous in design, making evaluation of impact challenging. Robust study design including standardization is needed to conclusively assess impact. (shrink)

Proof-theoretic semantics is an alternative to model-theoretic semantics. It aims at explaining the meaning of the logical constants in terms of the inference rules that govern their behaviour in proofs. We argue that this must be construed as the task of explaining these meanings relative to a logic, i.e., to a consequence relation. Alas, there is no agreed set of properties that a relation must have in order to qualify as a consequence relation. Moreover, the association of a consequence relation (...) to a logical calculus is not as straightforward as it may seem. We show that these facts are problematic for the proof-theoretic project but the problems can be solved. Our thesis is that the consequence relation relevant for proof-theoretic semantics is the one given by the sequent-to-sequent derivability relation in Gentzen systems. (shrink)

opinionated survey paper to be published in the Blackwell’s Philosophy Compass.

Prominent theories in moral psychology maintain that a core aspect of moral competence is the ability to distinguish moral norms, which derive from universal principles of justice and fairness, from conventional norms, which are contingent on a specific group consensus. The present study investigated the psychological bases of the moral-conventional distinction by manipulating the framing of the test question, the authority’s license, and the historical context. Participants evaluated moral and conventional transgressions by answering an ‘okay for you’ test question (i.e., (...) judging according to their opinion) or an ‘okay in context’ test question (i.e., judging by imagining being a contemporary of the story protagonist). In evaluating moral transgressions that happened in a distant context or with the authority’s license, most of the participants condemned the violations when responding to the ‘okay for you’ test question, but did not do so when responding to the ‘okay in context’ test question. A similar effect of the question framing was found also on scenarios presenting conventional violations suggesting that subtle changes in the framing of the test question can influence people’s evaluations of both moral and conventional prototypical transgressions. We propose that these effects indicate the presence of moral and conventional construals of social actions that are highly flexible and context-sensitive. (shrink)

We will give here a purely algebraic proof of the cut elimination theorem for various sequent systems. Our basic idea is to introduce mathematical structures, called Gentzen structures, for a given sequent system without cut, and then to show the completeness of the sequent system without cut with respect to the class of algebras for the sequent system with cut, by using the quasi-completion of these Gentzen structures. It is shown that the quasi-completion is a generalization of the MacNeille completion. (...) Moreover, the finite model property is obtained for many cases, by modifying our completeness proof. This is an algebraic presentation of the proof of the finite model property discussed by Lafont [12] and Okada-Terui [17]. (shrink)

In his famous work on vagueness, Russell named “fallacy of verbalism” the fallacy that consists in mistaking the properties of words for the properties of things. In this paper, I examine two (clusters of) mainstream paraconsistent logical theories – the non-adjunctive and relevant approaches –, and show that, if they are given a strongly paraconsistent or dialetheic reading, the charge of committing the Russellian Fallacy can be raised against them in a sophisticated way, by appealing to the intuitive reading of (...) their underlying semantics. The meaning of “intuitive reading” is clarified by exploiting a well-established distinction between pure and applied semantics. If the proposed arguments go through, the dialetheist or strong paraconsistentist faces the following Dilemma: either she must withdraw her claim to have exhibited true contradictions in a metaphysically robust sense – therefore, inconsistent objects and/or states of affairs that make those contradictions true; or she has to give up realism on truth, and embrace some form of anti-realistic (idealistic, or broadly constructivist) metaphysics. Sticking to the second horn of the Dilemma, though, appears to be promising: it could lead to a collapse of the very distinction, commonly held in the literature, between a weak and a strong form of paraconsistency – and this could be a welcome result for a dialetheist. (shrink)

This paper discusses Habermas’s argument that justice requires solidarity as its ‘reverse side’, whereby the former provides the necessary global framework for establishing intersubjective solidarity whilst the latter constitutes an important precondition for igniting social and political change in the direction of social justice. In this paper I argue that such a paradigm of reciprocity might be fruitfully complemented by a less apparent yet substantial nexus: that between solidarity and perceived injustice, which I contend also triggers the emergence of solidarity. (...) Drawing from Arendt’s thematisation of solidarity as a principle that stems from human suffering and recent scholarship on transitional post-conflict justice, I analyse the negative and reactive aspect of solidarity and the role of negative emotions in its emergence. (shrink)

The explanatory objection against the fitting attitude account of value states that if the properties of attitudes explain fittingness facts, but do not always explain value facts, then value facts cannot be identical with or reduced to fittingness facts. One reply to this objection is to claim that the constitutive properties of attitudes also explain value facts, for they are enablers for the value possessed by an object. In this paper we argue that the enabling maneuver exposes FA to a (...) new explanatory objection, to the extent that the explanatory role played by the constitutive properties of attitudes in value facts is assumed to be different from the explanatory role they play in fittingness facts. (shrink)

Corporate social responsibility (CSR) is becoming a mainstream issue as both researchers and managers are realizing its importance, but knowledge gaps persist. In particular, the processes underlying the adoption of responsible managerial practices and the effects associated with them are still at the centre of intense debate. Not surprisingly, managers expect formalized procedures that might influence corporate managerial processes and especially corporate strategies. Given the growing emphasis on the integration of CSR into corporate strategy, the purpose of this qualitative study (...) is to explore the antecedents of this process and the dynamics underlying it. We focus on a medium-sized, family-owned Italian company, SABAF SpA. We find that: the beliefs and value systems of entrepreneurs play a fundamental role in shaping a sustainable corporate strategy; the importance of the relationship between social performance and financial performance depends to some extent on the kind of competitive strategy that a company has selected; and people need to be aware of it – that is, CSR strategies must be explicit and codified into specific managerial procedures. (shrink)

According to a longstanding philosophical tradition dating back to Aristotle, certain proofs do not only certify the truth of their conclusion but also explain it. Lately, much effort is being devo...

This paper proposes a framework for representing in Bayesian terms the idea that analogical arguments of various degrees of strength may provide inductive support to yet untested scientific hypotheses. On this account, contextual information plays a crucial role in determining whether, and to what extent, a given similarity or dissimilarity between source and target may confirm an empirical hypothesis over a rival one. In addition to showing confirmation by analogy compatible with the adoption of a Bayesian standpoint, the proposal outlined (...) in this paper reveals a close agreement between the fulfillment of Hesse’s (Models and analogies in science, University of Notre Dame Press, 1963) criteria for analogical arguments capable of inductive support and the attribution of confirmatory power by the lights of Bayesian confirmation theory. In this sense, the Bayesian representation not only enriches a framework, Hesse’s, of enduring relevance for understanding scientific activity, but may offer something akin to a proof of concept of it. (shrink)

This dialogue, taking place between Prof. Whether and Prof. What, focuses on the nature of the relationship between ontology, conceived as the branch of philosophy concerned with the question of _what entities exist_, and metaphysics, conceived as the complementary part of philosophy that seeks to explain, of those entities, _what they are_. Most philosophers claim that it is not possible to address the first question without at the same time addressing the second, since knowing whether an entity exists requires knowing (...) what that entity is. Prof. Whether argues against this popular position and offers a detailed analysis of the idea according to which it is possible to do ontology without engaging in metaphysics. Prof. Whether and Prof. What agree that, rather than being merely possible, in some cases it is, for methodological reasons, even preferable to start with a metaphysics-free ontology, postponing any inquiry concerning the nature of the entities included in the ontological inventory to a later stage. However, Prof. What notes that it is not always possible to do ontology without metaphysics, because there are certain kinds of entities, such as universals and possible worlds, that necessarily need a prior metaphysical characterization. (shrink)

1. Da Leibniz a Kant.--2. L'algebra della logica.

In The Guise of the Good: A Philosophical History I aimed to provide a comprehensive book-length history of a thesis that runs throughout Western philosophy: one can only desire, will, or do something if it appears to her as good or, as the scholastic formulation had it, sub ratione boni – under the aspect or guise of the good. The guise of the good thesis (as now it is commonly referred to, though not everyone likes the label) has earned new (...) attention in its own right in contemporary philosophy, at least since David Velleman’s (critical) article, and thanks to book-length works like Sergio Tenenbaum’s Appearances of the Good and series of articles like Joseph Raz’s. While the ancient and medieval origins of the thesis are often acknowledged in the current literature, no detailed treatment of its historical development had previously appeared. In this précis I summarize the book’s contents. In the introductory chapter, I do two preliminary things. First, I explore a number of possible formulations of the thesis. Second, I lay out the methodology employed in the book, by outlining the questions on which I “interrogate” the relevant texts. What then follows is a birds’-eye view of the history of the guise of the good, as it results from the book. We can distinguish five main phases: (1) the classical canon (Socrates to Aquinas), (2) cracks in the canon (Duns Scotus, Ockham), (3) diversification (Suarez, Descartes all the way to Kant), (4) relative obscurity (1800-1950), (5) rediscovery (Anscombe to nowadays). (shrink)

Né vers 1600 en Italie, l'opéra encourait les foudres de Marcello dès 1720. L'ouverture des salles au public, les nécessités commerciales et le vedettariat l'avaient éloigné des idéaux qui présidèrent à sa naissance. L'opuscule de Benedetto Marcello aborde, sur le ton de la dérision et de la satire, tous les aspects de l'opéra, du livret à la musique, en passant par les chanteurs, les compositeurs, les directeurs de théâtre, la mise en scène, etc. Le texte méritait une nouvelle traduction française (...) (la dernière datait de la fin du dix-neuvième siècle), plus précise et plus complète, car le savant compositeur de l'Estro poetico-armonico y déploie une verve irrésistible, proche de celle dont se servira Carlo Goldoni dans l'imprésario de Smyrne. Cette satire représente l'étincelle qui allait embraser le flambeau de la réforme par le biais du comte Francesco Algarotti (1712-1764) poète et écrivain. Son Essai sur l'Opéra en musique contient en effet tous les points importants sur lesquels Calzabigi et Gluck allaient asseoir leur reconstruction : choix du livret, rôle de la poésie et de la musique, rôle des chanteurs, du compositeur, moyens et contrôle artistiques des productions. La traduction française qu'un fit Chastellux en 1773, nonobstant sa finesse et son élégance, fait pourtant figure de " belle infidèle ". Force nous était donc d'élaborer là encore une nouvelle traduction de ce texte fondateur. A côté de ces deux grands titres, nous avons réuni un dossier important d'écrits émanant des acteurs de la réforme : Métastase, Angiolini, Calzabigi, Gluck et Du Roullet. (shrink)

We formally investigate immediate and mediate grounding operators from an inferential perspective. We discuss the differences in behaviour displayed by several grounding operators and consider a general distinction between grounding and logical operators. Without fixing a particular notion of grounding or grounding relation, we present inferential rules that define, once a base grounding calculus has been fixed, three grounding operators: an operator for immediate grounding, one for mediate grounding – corresponding to the transitive closure of the immediate grounding one – (...) and a grounding tree operator, which enables us to internalise chains of immediate grounding claims without losing any information about them. We then present an in-depth proof-theoretical study of the introduced rules by focussing, in particular, on the question whether grounding operators can be considered as logical operators and whether balanced rules for grounding operators can be defined. (shrink)