This book is based on the premise that the trade-off between privacy and security is both unsound and conceals important aspects of surveillance and control. Accordingly, the authors analyse the symbiotic relationship between liberty and security, and the emptiness of both concepts when considered in isolation. They explore and contextualise different notions of risk, surveillance practices and the value of the rights to private life and data protection. Thereby, they show that surveillance and control neither necessarily attain security, nor always (...) pose a threat to privacy and, conversely, that protecting privacy does not necessarily hamper security provision. Moreover, they appreciate how surveillance and control, mediated through technology, express and sustain specific power relationships. The book thus offers a kaleidoscope of perspectives, ranging from critical studies to international relations, law, philosophy and sociology, to rethink surveillance and control. (shrink)

The aim of the present study was to investigate the effects of communicative intention on action. In Experiment 1 participants were requested to reach towards an object, grasp it, and either simply lift it or lift it with the intent to communicate a meaning to a partner . Movement kinematics were recorded using a three-dimensional motion analysis system. The results indicate that kinematics was sensitive to communicative intention. Although the to-be-grasped object remained the same, movements performed for the ‘communicative’ condition (...) were characterized by a kinematic pattern which differed from those obtained for the ‘individual’ condition. These findings were confirmed in a subsequent experiment in which the communicative condition was compared to a control condition, in which the communicative exchange was prevented. Results are discussed in terms of cognitive pragmatics and current knowledge on how social behavior shapes action kinematics. (shrink)

Argues that affirming the irreducible differences between men and women can lead to more transformative politics than the struggle for abstract equality between the sexes. In The Symbolic Order of the Mother Luisa Muraro identifies the bond between mother and child as ontologically fundamental to the development of culture and politics, and therefore as key to achieving truly emancipatory political change. Both corporeal development and language acquisition, which are the sources of all thinking, begin in this relationship. However, Western (...) civilization has been defined by men, and Muraro recalls the admiration and envy she felt for the great philosophers as she strove to become one herself, as well as the desire for independence that opposed her to her mother. This conflict between philosophy and culture on the one hand and the relationship with the mother on the other constitutes the root of patriarchy’s symbolic disorder, which blocks women’s (and men’s) access to genuine freedom. Muraro appeals to the feminist practice of gratitude to the mother and the recognition of her authority as a model of unconditional nurture and support that must be restored. This, she argues, is the symbolic order of the mother that must overcome the disorder of patriarchy. The mediating power of the mother tongue constitutes a symbolic order that comes before all others, for both women and men. Luisa Muraro is Professor Emeritus of Philosophy at the University of Verona, Italy. Francesca Novello is an instructor at the University of Oklahoma. Timothy S. Murphy is Houston-Truax-Wentz Professor and Regents Professor of English at Oklahoma State University. (shrink)

An important debate in the current literature is whether “all truth-conditional effects of extra-linguistic context can be traced to [a variable at; LM] logical form” (Stanley, ‘Context and Logical Form’, Linguistics and Philosophy, 23 (2000) 391). That is, according to Stanley, the only truth-conditional effects that extra-linguistic context has are localizable in (potentially silent) variable-denoting pronouns or pronoun-like items, which are represented in the syntax/at logical form (pure indexicals like I or today are put aside in this discussion). According to (...) Recanati (‘Unarticulated Constituents’, Linguistics and Philosophy, 25 (2002) 299), extra-linguistic context can have additional truth-conditional effects, in the form of optional pragmatic processes like ‘free enrichment’. This paper shows that Recanati’s position is not warranted, since there is an alternative line of analysis that obviates the need to assume free enrichment. In the alternative analysis, we need Stanley’s variables, but we need to give them the freedom to be or not to be generated in the syntax/present at logical form, a kind of optionality that has nothing to do with the pragmatics-related optionality of free enrichment. (shrink)

This paper investigates young children's knowledge of scalar implicatures and downward entailment. In previous experimental work, we have shown that young children access the full range of truth-conditions associated with logical words in classical logic, including the disjunction operator, as well as the indefinite article. The present study extends this research in three ways, taking disjunction as a case study. Experiment 1 draws upon the observation that scalar implicatures (SIs) are cancelled (or reversed) in downward entailing (DE) linguistic environments, e.g., (...) in the scope of negation (Chierchia, 2000). Experiment 2 was designed to determine if scalar implicatures are used by children, like adults, to influence the interpretation of disjunction in non-DE contexts, yielding an implicature of exclusivity for disjunction. Whereas adult controls always rejected assertions of the form A or B in positive (non-DE) contexts in which assertions of the form A and B were also true, many children accepted assertions with disjunction in such contexts. To provide an interpretation to the findings from Experiment 2, a new experimental technique was devised and used in Experiment 3. The new technique presents pairs of assertions to children, who are asked to judge which assertion is a ‘better’ description of the context. The findings from Experiment 3 demonstrated children's awareness that A and B is more informative than A or B in positive contexts, where both statements are true. Taken together, the findings of Experiments 2 and 3 are compatible with the view that some children lack the computational resources to apply scalar implicatures when a single assertion is presented alone (see Reinhart, 1999). (shrink)

Artificial intelligence (AI) and molecular biotechnologies (MB) are among the most promising, but also ethically hotly debated emerging technologies. In both fields, several ethics reports, which invoke lists of ethics principles, have been put forward. These reports and the principles lists are technology specific. This article aims to contribute to the ongoing debate on ethics of emerging technologies by comparatively analysing four European ethics reports from the two technology fields. Adopting a qualitative and in-depth approach, the article highlights how ethics (...) principles from MB can inform AI ethics and vice versa. By synthesizing the respective ethical cores of the principles included in the analysed reports, the article derives, moreover, a unified list of principles for assessing emerging technologies. The suggested list consists of nine principles: autonomy; individual and social well-being and prevention of harm; reliability, safety and security; informational privacy; transparency; accountability; communication, participation and democracy; justice, fairness, and non-discrimination; sustainability. (shrink)

The re-use of publicly available (personal) data for originally unanticipated purposes has become common practice. Without such secondary uses, the development of many AI systems like large language models (LLMs) and ChatGPT would not even have been possible. This chapter addresses the ethical implications of such secondary processing, with a particular focus on data protection and privacy issues. Legal and ethical evaluations of secondary processing of publicly available personal data diverge considerably both among scholars and the general public. While some (...) of these uses are met with opposition and criticism, others are quite unanimously viewed as unproblematic. Often, proponents and opponents of such practices invoke the same ethical and legal standards for their opposite conclusions. This state of affairs shows that other considerations besides the public availability of data must play a role. It calls for a theoretical clarification of the additional criteria that should guide decisions about the (legally informed) ethical acceptability of re-processing practices. In order to make a contribution towards this goal, the present chapter maps the ongoing debate and systematises the existing contributions around three lines of argument: a consent-centred position, an approach that focuses on the distinction between data and information, and finally a line of argument that focuses on the contextual norms that govern the flows of information. The chapter further relates these arguments to three underlying conceptions of privacy and data protection: rights-based, structural and contextual, and discusses the advantages and disadvantages of each position in the light of concrete examples. It concludes by arguing for a mixed approach that combines core elements of the structural and contextual approaches. The chapter aims to contribute to existing research in the fields of data, AI and research ethics, and to reconnect the debate with ethical and legal scholarship on privacy and data protection. In doing so, it aims to make a theoretical contribution towards refining existing conceptions of privacy and data protection in order to make them more fit to ‘drive our digital world’ as far as the use of publicly available data is concerned. (shrink)

Recent controversies about the level of replicability of behavioral research analyzed using statistical inference have cast interest in developing more efficient techniques for analyzing the results of psychological experiments. Here we claim that complementing the analytical workflow of psychological experiments with Machine Learning-based analysis will both maximize accuracy and minimize replicability issues. As compared to statistical inference, ML analysis of experimental data is model agnostic and primarily focused on prediction rather than inference. We also highlight some potential pitfalls resulting from (...) adoption of Machine Learning based experiment analysis. If not properly used it can lead to over-optimistic accuracy estimates similarly observed using statistical inference. Remedies to such pitfalls are also presented such and building model based on cross validation and the use of ensemble models. ML models are typically regarded as black boxes and we will discuss strategies aimed at rendering more transparent the predictions. (shrink)

The book introduced in this text is based on the premise that the trade-off between privacy and security is both unsound and conceals important aspects of surveillance and control. Accordingly, the authors analyse the symbiotic relationship between liberty and security, and the emptiness of both concepts when considered in isolation. They explore and contextualise different notions of risk, surveillance practices and the value of the rights to private life and data protection. Thereby, they show that surveillance and control neither necessarily (...) attain security, nor always pose a threat to privacy and, conversely, that protecting privacy does not necessarily hamper security provision. Moreover, they appreciate how surveillance and control, mediated through technology, express and sustain specific power relationships. The book thus offers a kaleidoscope of perspectives, ranging from critical studies to international relations, law, philosophy and sociology, to rethink surveillance and control. (shrink)

This book is based on the premise that the trade-off between privacy and security is both unsound and con-ceals important aspects of surveillance and control. Accordingly, the authors analyse the symbiotic relati-onship between liberty and security, and the emptiness of both concepts when considered in isolation. They explore and contextualise different notions of risk, surveillance practices and the value of the rights to pri-vate life and data protection. Thereby, they show that surveillance and control neither necessarily attain security, nor always (...) pose a threat to privacy and, conversely, that protecting privacy does not necessarily hamper security provision. Moreover, they argue that surveillance and control, mediated through technolo-gy, express and sustain specific power relationships. The book offers a kaleidoscope of perspectives, ranging from critical studies to international relations, law, philosophy and sociology, to rethink surveillance and control. (shrink)

Particular applications of Privacy by Design (PbD) have proven to be valuable tools to protect privacy in many technological applications. However, PbD is not as promising when applied to technologies used for surveillance. After specifying how surveillance and privacy are understood in this paper, I will highlight the shortcomings of PbD when applied to surveillance, using a web-scanning system for counter-terrorism purposes as an example. I then suggest reworking PbD into a different approach: the Minimum Harm by Design (MHbD) model. (...) MHbD differs from PbD principally in that it acknowledges that the potential harms of surveillance bear not only upon privacy but also values that define the very constitution of a society and its political character. MHbD aims to identify and systematise the different categories of such harms and links them to current theories on surveillance on the one hand and on possible design measures on the other. (shrink)

This paper investigates scalar implicatures and downward entailment in child English. In previous experimental work we have shown that adults’ computation of scalar implicatures is sensitive to entailment relations. For instance, when the disjunction operator or occurs in positive contexts, an implicature of exclusivity arises. By contrast when the disjunction operator occurs within the scope of a downward entailing linguistic expression, no implicature of exclusivity is computed. Investigations on children’s computation of scalar implicatures in the same contexts have led to (...) a slightly different picture. In particular it has proven difficult to demonstrate that children compute scalar implicatures (in non- downward entailing contexts) using the Truth Value Judgment task, a technique that has been used successfully in showing children’s sensitivity to other semantic phenomena. Adopting a different experimental technique called the Felicity Judgment task, however, we demonstrated children’s knowledge of the prerequisites to the computation of scalar implicatures (Chierchia, Crain, Guasti, Gualmini and Meroni, 2001). (shrink)

The idea that transnational dynamics challenge the regulatory capacity of the state has hardly ever received as much attention as in contemporary debates. Different voices denounce the crisis of the state and advocate the establishment of supranational institutions with legally coercive power. It is tempting to jump to the conclusion that these voices are concerned with the same cluster of problems. We think that one should resist this temptation. Firstly, not all the problems pointed out by the advocates of supranational (...) sovereignty are of the same kind and structure. Some concern the need to limit the power of states, whereas others address the almost opposite necessity to support and strengthen their problem-solving capacity through forms of international regulation. Secondly, the corresponding solutions are different. In particular, although they may all imply the establishment of supranational institutions, not all such institutions need be global. The creation of a full-blown global rule of criminal law, for instance, would raise serious concerns of global despotism and cultural imperialism, and we therefore make a case for regional and context-sensitive solutions in this case. However, problems of supranational socioeconomic justice can only be addressed through global regulatory institutions, for regional institutions would, in this case, only recreate current problems at the interregional level. (shrink)

"Cover " -- "Title Page " -- "Copyright " -- "Contents " -- "Preface to the English Edition" -- "Introduction" -- "1. The Substitute" -- "2. Animals, Machines, Cyborgs, and the Taxi " -- "3. Mind, Emotions, and Artificial Empathy " -- "4. The Other Otherwise " -- "5. From Moral and Lethal Machines to Synthetic Ethics " -- "Notes" -- "Works Cited" -- "Acknowledgments" -- "Credits.

Depressive mood can be involved in the moral judgments made by people with depression. Here, we focus on the negative judgments depressed patients have of themselves and the world. Possibly, the alterations in moral judgment in subjects with depression can be understood by taking into account the neural basis of depression.

Venant de Belgique, où elle poursuit des recherches comparatives de longue durée sur les femmes dans les mouvements mystiques médiévaux, dans lesquels les béguines anversoises ont joué un rôle décisif, Luisa Muraro s’est arrêtée à Paris et le séminaire qu’elle a donné à la Maison des sciences de l’Homme, le 25 mars 1999, fut l’occasion d’une rencontre avec une personnalité exceptionnelle, dont l’itinéraire, l’expérience, le non-conformisme, la recherche inquiète soucieuse de prendre à bras-l...

El secreto en todas sus vertientes, en todas sus facetas, vericuetos, senderos. Pero sobre todo el Secreto en la literatura, pues como dice Luisa Valenzuela, en su estilo mordaz, agudo, siempre entre guinos y complicidades: "No hay literatura sin secreto."Detras de cada palabra se esconde el misterio, un laberinto en el que todo puede suceder: de la pasion a la ternura; del crimen a la sublimacion. Encontrar el hilo conductor, salvador, descifrador, o ahondar sus diversidades, es papel de quien (...) aspira a lo literario, bien como escritor, bien como lector.Precisas, directas, divertidas, las palabras de Luisa Valenzuela se deslizan sobre las paginas de un libro lleno de humor del mas fino, de ironia inteligente, como sucede en sus novelas, en sus cuentos, pero ahora provenientes del ciclo de conferencias y el dinamico taller de escritura breve que impartio en el marco de la Catedra Alfonso Reyes del Instituto Tecnologico y de Estudios Superiores de Monterrey, Mexico. (shrink)

Les dictionnaires et documents, tirés de la littérature ou des archives, qui sont examinés dans cet ouvrage disent plus de mal que de bien de la séduction. La séduction c'est « l'élan qui porte l'un vers l'autre », mais cet élan est dévié par la tromperie. La séduction peut être située dans la polémique de longue durée contre le maquillage et la vanité des femmes. Leon Battista Alberti compare la femme, qui a la déplorable habitude de se maquiller, à l'artiste (...) qui aurait l'habitude, to... (shrink)

In this paper I demonstrate that there is an explanation of the number marking we see on nouns when they combine with the numeral _zero_ which combines Martí’s (Semant. Pragmat., 2020a, https://doi.org/10.3765/sp.13.3 ) account of the morphosyntax and semantics of the numeral-noun construction with Bylinina and Nouwen’s (Glossa 3(1):98, 2018 ) semantics for _zero_ and which does not need to appeal to any further principles (e.g., agreement).

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

This paper addresses issues regarding perceptions of surveillance technologies in Europe. It analyses existing studies in order to explore how perceptions of surveillance affect and are affected by the negative effects of surveillance and how perceptions and effectiveness of surveillance technologies relate to each other. The paper identifies 12 negative effects of surveillance including, among others, privacy intrusion, the chilling effect and social exclusion, and classifies them into three groups. It further illustrates the different ways in which perceptions and effectiveness (...) of surveillance interact with each other, distinguishing between perceived security and perceived effectiveness. Finally, the paper advances a methodology to take into account perception issues when designing new surveillance technologies. By doing so, it rejects manipulative measures aiming at improving perceptions only and suggests measures that address the background conditions affecting perceptions. (shrink)

Social robotics entertains a particular relationship with anthropomorphism, which it neither sees as a cognitive error, nor as a sign of immaturity. Rather it considers that this common human tendency, which is hypothesized to have evolved because it favored cooperation among early humans, can be used today to facilitate social interactions between humans and a new type of cooperative and interactive agents - social robots. This approach leads social robotics to focus research on the engineering of robots that activate anthropomorphic (...) projections in users. The objective is to give robots "social presence" and "social behaviors" that are sufficiently credible for human users to engage in comfortable and potentially long-lasting relations with these machines. This choice of ’applied anthropomorphism’ as a research methodology exposes the artifacts produced by social robotics to ethical condemnation: social robots are judged to be a "cheating" technology, as they generate in users the illusion of reciprocal social and affective relations. This article takes position in this debate, not only developing a series of arguments relevant to philosophy of mind, cognitive sciences, and robotic AI, but also asking what social robotics can teach us about anthropomorphism. On this basis, we propose a theoretical perspective that characterizes anthropomorphism as a basic mechanism of interaction, and rebuts the ethical reflections that a priori condemns "anthropomorphism-based" social robots. To address the relevant ethical issues, we promote a critical experimentally based ethical approach to social robotics, "synthetic ethics," which aims at allowing humans to use social robots for two main goals: self-knowledge and moral growth. (shrink)

This article focuses on the so-called “Area of Freedom, Security and Justice” (ASFJ), namely the policy field of the European Union (EU) that covers judicial and police cooperation, migration and asylum policies and the control of external borders. The article explores how the AFSJ has emerged and how, within it, the relationship between freedom and security has evolved over time and brought about a shift towards a “Security Union”.

Digitalisation has lent the right to privacy increasing philosophical and legal relevance. However, privacy’s epistemic status and associated normative values are constantly subject to radical criticisms. This article investigates the validity, in theory and practice, of three radical critiques of privacy. A review of the philosophical and interdisciplinary discourse on privacy during the last half century is followed by analyses of recent legal developments within the EU. Privacy emerges as a highly differentiated and powerful tool to protect individuals and social (...) relations and to limit and redistribute power. However, the right to privacy remains far from realising its practical potential. (shrink)

This paper examines the modes of imperial interactions with Church councils, focusing on the emperor’s participation in episcopal meetings and its representation in late antique sources, both literary and documentary. The author argues that the availability and strategic dissemination of conciliar records could affect, for better or worse, the understanding of the imperial religious policy and attitude towards Church institutions. This is most clearly illustrated by Marcian’s behaviour at Chalcedon, and by the active steps he took to produce an official (...) and imperially endorsed edition of the conciliar acts. The significance of Marcian’s initiatives emerges more clearly when placed in the context of developing practices with respect to conciliar procedure and the circulation of conciliar information. After considering possible precedents in both these fields, the article reconstructs the early circulation and reception of the Chalcedonian acts, focusing particularly on the records of the sixth session, which was presided by the emperor himself. The author discusses the role played by the imperial initiative at the council and in its aftermath, and how it contributed to shape the reception of Marcian’s image as a Christian ruler. (shrink)

A diferença como valor humano: Ensaio sobre as contribuições do pensamento de Boaventura Sousa Santos, Gilles Deleuze e Homi Bhabha para o Paradigma da Inclusão Resumo: A economia e a particularização marcam a sociedade contemporânea como importantes vetores para a ampliação das desigualdades sociais e produção de variados mecanismos de exclusão social. A diferença é parâmetro para categorizar e apartar pessoas à invisibilidade social. O presente ensaio tem como objetivo o diálogo junto aos autores Boaventura Sousa Santos, Gilles Deleuze e (...) Homi Bhabha e seus respectivos pensamentos como contributores para o entendimento da diferença como valor humano no contexto do paradigma da inclusão. Nos caminhos e entre-lugares da descolonização de nosso ser, é preciso desnaturalizar as barbáries produzidas pelo colonizador e aceitar as diferenças como próprias da espécie humana para a invenção de nossa educação e sociedade.Palavras-chave: Inclusão. Diferença. Educação. Descolonização. Apoio: CNPq DIFFERENCE AS HUMAN VALUE: Essay on the contributions of the thoughts of Boaventura Sousa Santos, Gilles Deleuze and Homi Bhabha to the Inclusion Paradigm: Economics and particularization mark contemporary society as important vectors for widening social inequalities and producing various mechanisms of social exclusion. The difference is a parameter to categorize and separate people to social invisibility. This essay aims to dialogue with the authors Boaventura Sousa Santos, Gilles Deleuze and Homi Bhabha and their respective thoughts as contributors to the understanding of difference as a human value in the context of the inclusion paradigm. In the ways and places between the decolonization of our being, we must denaturalize the barbarism produced by the colonizer and accept the differences as proper to the human species for the invention of our education and society.Keywords: Inclusion. Difference. Education. Decolonization. DIFERENCIA COMO VALOR HUMANO: Ensayo sobre las contribuciones de los pensamientos de Boaventura Sousa Santos, Gilles Deleuze y Homi Bhabha al paradigma de la inclusión Resumen: La economía y la particularización marcan a la sociedad contemporánea como vectores importantes para ampliar las desigualdades sociales y producir diversos mecanismos de exclusión social. La diferencia es un parámetro para clasificar y separar a las personas de la invisibilidad social. Este ensayo tiene como objetivo dialogar con los autores Boaventura Sousa Santos, Gilles Deleuze y Homi Bhabha y sus respectivos pensamientos como contribuyentes a la comprensión de la diferencia como un valor humano en el contexto del paradigma de inclusión. En los modos y lugares entre la descolonización de nuestro ser, debemos desnaturalizar la barbarie producida por el colonizador y aceptar las diferencias como propias de la especie humana para la invención de nuestra educación y sociedad.Palabras clave: Inclusión. Diferencia. Educación. Descolonización. Data de registro: 21/09/2019Data de aceite: 22/07/2020. (shrink)

European police and judicial cooperation was initiated as a counterpart to the progressive abolition of internal border controls under Schengen. Since then, the security policy of the European Union (EU) has developed into one of the most dynamic and fastest growing policy areas of the Union. The aim of this contribution is to outline the main trends and characteristics of this policy field. I suggest to conceptualised them as instances of ‘pre-emptive security’. This is an approach to security that focuses (...) on hypothetical future events and aims to prevent the most serious events (e.g. serious criminal offences) by means of risk assessments and probability forecasts, without addressing the phenomenon as a whole (e.g. crime) and its causes. Pre-emptive understandings of security differ from both reactive and pre-emptive approaches. In the paper, I outline the main characteristics of this model both in historical terms and with regard to the latest developments in the field of EU security policy. Finally, I discuss the problematic normative implications of the pre-emptive understanding of security, both for the rule of law and democracy and for human autonomy. (shrink)

Il concetto di legittimità è al tempo stesso definito e indefinito, chiaro e sfuggente. Da un lato, esso evoca immediatamente e spontaneamente un sentimento di approvazione, perché chiaramente collegato nel linguaggio comune a un giudizio valutativo positivo. Dall’altro lato, se analizzato da vicino, il suo contenuto appare sfuggente, polisemico, controverso. Questo ne fa una categoria potente dal punto di vista politico ed estremamente affascinante da un punto di vista scientifico. Nelle pagine seguenti verranno analizzate le teorie di tre autori che (...) si sono confrontati con questo concetto indagando uno degli ambiti in cui la dicotomia sopra presentata è più evidente: quello internazionale. Si tratta della teoria di Ian Clark sulla legittimità nella società internazionale, della prospettiva interciviltà sul diritto internazionale proposta da Onuma Yasuaki e della riflessione di Antony Anghie sullo sviluppo dei principi fondamentali del diritto internazionale e il loro rapporto con il colonialismo. Come vedremo, si tratta di indagini tra loro fortemente eterogenee, e che non sempre fanno del concetto di legittimità internazionale l’oggetto principale o esplicito delle proprie ricerche. Nel confronto tra queste teorie che proporrò nelle mie pagine, il concetto di legittimità internazionale mostrerà tutta la sua complessità e tutto il suo ambiguo rapporto con elementi valutativi. (shrink)

A partire dal XX secolo si è fatta strada l’idea che l’istituzione di tribunali penali internazionali sia un fondamentale e necessario contributo al processo di ricostruzione della pace in contesti post-bellici. Attraverso l’imparzialità nell’individuazione delle colpe e nella distribuzione delle pene, i tribunali penali internazionali sarebbero in grado, secondo questa linea interpretativa, di sopire odi e divisioni, di scoraggiare la commissione di ulteriori crimini e di porre così le basi per una nuova convivenza pacifica. Questa fiducia nella funzione pacificatrice del (...) diritto internazionale penale ne ha sostenuto lo sviluppo storico. Sulla base di questa funzione il Consiglio di Sicurezza ha motivato la creazione di tribunali penali internazionali negli anni Novanta. L’atteggiamento del Consiglio di Sicurezza nei confronti del rapporto tra giurisdizioni penali internazionali e pace non si è però mantenuto lineare nel tempo. Il Consiglio di Sicurezza ha infatti mostrato successivamente di nutrire scarsa fiducia nella funzione pacificatrice del diritto internazionale penale e talvolta di ritenere che i procedimenti penali internazionali possano ostacolare il processo di pace. Il saggio indaga questo complesso rapporto e le ambiguità dell'atteggiamento del Consiglio di Sicurezza rispetto ai tribunali penali internazionali. (shrink)

Olympe de Gouges (Montauban 1748 - Paris 1793) is best known as the author of the Déclaration des droits de la femme et de la citoyenne of 1791. De Gouges' intellectual contribution and political commitment, however, encompassed a broader field than just gender relations and the assertion of women's civil and political rights. De Gouges in fact publicly intervened on many of the central issues of the political and social context of the French Revolution, including public health, social policies, voting (...) by head or by order, the execution of the king, divorce and, as we shall see in detail in the following pages, slavery and the slave trade. In the paper, I first reconstruct the context of de Gouges' production, with a focus on the institution of slavery in revolutionary France (§ 1). I then dwell on the political function of theatre at the time of the Revolution and trace the controversial events that marked the staging of L'esclavage des noirs (§ 2). I intend to show, more specifically, how de Gouges' reflection on the theme of slavery makes her an extraordinary interpreter of the spirit of the Enlightenment. Indeed, in it, she demystifies the supposed naturalness of existing inequalities and shows how, on the contrary, they are the result of historical injustices aimed at protecting specific interests and maintaining privileges. I then highlight de Gouges' originality within the philosophical paradigm of natural law. Compared to thinkers such as John Locke and Jean-Jacques Rousseau, de Gouges is distinguished by the consistency of purpose with which she makes use of natural law. Indeed, de Gouges' reference to natural law always has emancipatory intentions and is never aimed at justifying existing inequalities (§ 4). Finally, I propose an interpretation according to which de Gouges is an advocate of a particular type of universalism, an anti-essentialist universalism that takes its starting point from concrete situations of injustice and inequality rather than from general and abstract principles, and which I will suggest we call ‘universalism of differences’ (§ 5). (shrink)

This book examines the current dynamic and momentous development of European security policy. In doing so, it provides an important and original contribution to both practical philosophy and to the fields of security studies and European studies. Using concrete analyses and by offering possible solutions to certain problems, the book develops an approach that is embedded in reality and which, at the same time, insists on theory and normativity. It focuses on the characteristics of new security technologies and ways in (...) which security is understood as well as their influence on the ‘Copernican Revolution’ of the modern age, through which individuals and the protection of their fundamental rights have become the focus of political legitimation. (shrink)

Il diritto internazionale penale è un fenomeno relativamente recente della vita internazionale ed è una disciplina tuttora in formazione. La sua nascita e il suo sviluppo hanno suscitato grande interesse nella comunità scientifica, perchè il trasferimento, seppur parziale, del potere punitivo dallo Stato a organismi internazionali è una novità assoluta della struttura politico-giuridica dei rapporti internazionali. Il trasferimento della competenza penale dalla sfera nazionale alla sfera internazionale è realizzato, secondo l'argomento giustificativo che sostiene la creazioni dei tribunali penali internazionali, in (...) nome di interessi e valori anch'essi sopranazionali, espressione delle esigenze della 'società internazionale' globale. La categoria di 'società internazionale' assume dunque un'importanza centrale nella giustificazione del diritto penale internazionale, divenendo un utile, e forse imprescindibile, strumento interpretativo per la comprensione e la valutazione del diritto internazionale penale e della sua legittimità. (shrink)