First published in 1917 and 1918, with a second edition in 1946, this is the first English translation of Santi Romano's classic work, L'ordinamento giuridico. The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of (...) the institution as 'the first, original and essential manifestation of law'. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby 'there are as many legal orders as institutions'. The acme of a jurisprudential current long overlooked in the Anglophone environment, The Legal Order not only proposes what Carl Schmitt described as a 'very significant theory', but, more importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today's world. (shrink)

Philosophers have traditionally addressed the issue of scientific unification in terms of theoretical reduction. Reductive models, however, cannot explain the occurrence of unification in areas of science where successful reductions are hard to find. The goal of this essay is to analyse a concrete example of integration in biology—the developmental synthesis—and to generalize it into a model of scientific unification, according to which two fields are in the process of being unified when they become explanatorily relevant to each other. I (...) conclude by suggesting that this methodological conception of unity, which is independent of the debate on the metaphysical foundations of science, is closely connected to the notion of interdisciplinarity. 1 Introduction2 Some Troubles with Theory Reduction3 Interfield and Mechanistic Unification4 Foundations of the Developmental Synthesis5 Explanatory Relevance6 Concluding Remarks. (shrink)

This essay is concerned with concentrations of entities, which play an important—albeit often overlooked—role in scientific explanation. First, I discuss an example from molecular biology to show that concentrations can play an irreducible causal role. Second, I provide a preliminary philosophical analysis of this causal role, suggesting some implications for extant theories of causation. I conclude by introducing the concept of causation by concentration, a form of statistical causation whose widespread presence throughout the sciences has been unduly neglected and which (...) deserves to be studied in more depth. 1 Introduction2 Solving Lillie's Paradox: Lysogenic Induction in Phage λ3 Repressor Concentration and the Tuning of the Switch4 Concentration and Causality5 Preemption in Concentrations: Analysis and Implications6 Causation by Concentration: General Definition, Refinements, and Further Applications. (shrink)

Debates on the moral status of human embryos have been highly and continuously controversial. For many, these controversies have turned into a fruitless scholastical endeavor. However, recent developments and insights in cellular biology have cast further doubt on one of the core points of dissent: the argument from potentiality. In this article we want to show in a nonscholastical way why this argument cannot possibly survive. Getting once more into the intricacies of status debates is a must in our eyes. (...) Not merely intellectual coherence but the standing and self-understanding of current stem cell research might profit from finally taking leave of the argument from potentiality. (shrink)

Young children interpret some acts performed by adults as normatively governed, that is, as capable of being performed either rightly or wrongly. In previous experiments, children have made this interpretation when adults introduced them to novel acts with normative language (e.g. ‘this is the way it goes’), along with pedagogical cues signaling culturally important information, and with social-pragmatic marking that this action is a token of a familiar type. In the current experiment, we exposed children to novel actions with no (...) normative language, and we systematically varied pedagogical and social-pragmatic cues in an attempt to identify which of them, if either, would lead children to normative interpretations. We found that young 3-year-old children inferred normativity without any normative language and without any pedagogical cues. The only cue they used was adult socialpragmatic marking of the action as familiar, as if it were a token of a well-known type (as opposed to performing it, as if inventing it on the spot). These results suggest that – in the absence of explicit normative language – young children interpret adult actions as normatively governed based mainly on the intentionality (perhaps signaling conventionality) with which they are performed. (shrink)

In his Zur Einstein’schen Relativitätstheorie, Ernst Cassirer presents relativity theory as the last manifestation of the tradition of the “physics of principles” that, starting from the nineteenth century, has progressively prevailed over that of the “physics of models.” In particular, according to Cassirer, the relativity principle plays a role similar to the energy principle in previous physics. In this article, I argue that this comparison represents the core of Cassirer’s neo-Kantian interpretation of relativity. Cassirer pointed out that before and after (...) Kant, the history of physics presents significant instances in which the search for formal conditions that the laws of nature must satisfy preceded and made possible the direct search for such laws. In his earlier years, Cassirer seems to have regarded principles like the energy principle, the relativity principle, and the principle of least action as a constitutive but provisional form of a priori, imposing specific limitations on the form of the allowable laws of nature. Only in his later years, by attributing an autonomous status to these statements of principle, did Cassirer attribute a definitive but merely regulative meaning to the a priori. This does not impose specific requirements on natural laws but only a motivation to search for them. (shrink)

Abstract The aim of the paper is to reassess the role of British Aristotelianism within the history of early modern logic between the sixteenth and seventeenth centuries, as a crucial moment of cultural transition from the model of humanistic rhetoric and dialectic to that of facultative logic, that is, a logic which concerns the study of the cognitive powers of the mind. The paper shows that there is a special connection between Paduan Aristotelianism and British empiricism, through the mediation of (...) British Aristotelianism. British Aristotelians took the ideas of the Paduan Aristotelian tradition and carried them to an extreme, gradually removing them from the original Aristotelian context in which they were grounded and developing what would later become the fundamental ideas of British empiricism. (shrink)

The aim of my contribution is to show that Fichte in the Anweisung zum seeligen Leben confronts the charge of nihilism raised against the Wissenschaftslehre by Jacobi in his “Open Letter” to Fichte of 1799. Although the term “nihilism” does not appear in the text of the Anweisung, it is nevertheless evident that the problem of nihilism, which Jacobi placed at the center of philosophical discussions, has influenced the development of the fundamental thought of this work. The transcendental ontology of (...) the Anweisung expresses in popular form the principles of the Wissenschaftslehre during the period 1804–1807. In this popular work Fichte endeavors to show that the principles of the Wissenschaftslehre do not result in the “annihilation” of reality, as Jacobi seems to have thought, but contain instead the core of a profound theory of life. Philosophy is conceived of in the Anwweisung as a self-critical and reflective way of looking at life, and thus it should not be confused either with a “totalitarian” way of thinking nor with a purely deconstructive way of thinking ; instead, philosophy is characterized here as a “reasonable understanding of reality”.Mein Beitrag will zeigen, dass Fichte sich in der Anweisung zum seeligen Leben vom Jahre 1806 mit dem Vorwurf des Nihilismus gegen die Wissenschaftslehre auseinandergesetzt hat, den Jacobi im Sendschreiben An Fichte im Jahre 1799 geäußert hatte. Selbst wenn im Text der Anweisung das Wort Nihilismus als solches faktisch nicht vorkommt, lässt sich dennoch behaupten, dass das Problem des Nihilismus, durch Jacobi in den Mittelpunkt der philosophischen Diskussionen gerückt, auf die Ausarbeitung des Grundgedankens dieses Werkes eingewirkt hat. Die transzendentale Ontologie der Anweisung bringt in populärer Form die Grundgedanken der Wissenschaftslehren des Zeitraums 1804–1807 zum Ausdruck. Fichte unternimmt darin den Versuch nachzuweisen, dass die Wissenschaftslehre in ihren Prinzipien und ihrer Entfaltung keine Vernichtung der Wirklichkeit vollzieht, wie Jacobi zu meinen scheint, sondern dass sie den zentralen Kern einer grundlegenden Lebenslehre beinhaltet. Philosophie wird in der Anweisung als selbstkritische und reflexive Darstellung des Einen Lebens konzipiert, welche weder mit einem „totalitären“ Denken noch mit einem bloß dekonstruierenden Denken zu verwechseln ist, sondern sich als „vernünftige Durchdringung der Wirklichkeit“ auszeichnet. (shrink)

The purpose of this paper is to re-evaluate the position and role of Plato’s Charmides by analysing its second part. In this section, Critias tries to explain sôphrosunê as a form of knowledge that is self-referential in the sense that it is a type of knowledge of all other forms of knowledge without being knowledge of the objects of those other forms. Plato remains doubtful about the feasibility and usefulness of such a concept, as he believes that all types of (...) knowledge must be about something else, separate from the forms of knowledge themselves. He also thinks that such formal knowledge, if it indeed exists, is of little interest. This paper also aims to demonstrate that the Charmides belongs to a group of dialogues in which Plato discusses other people’s proposals, similar to what happens in the Theaetetus. In the case of the Charmides, this is very likely the project that we will later see developed in Aristotle’s Posterior Analytics. (shrink)

Neste artigo, pretendemos explorar a análise de Aristóteles sobre a amizade, examinando os três objetos de amizade - a virtude, a utilidade e o prazer. Explicaremos também por que razão estes três objetos da amizade colocam um desafio à definição da amizade como uma entidade comum e singular, a saber, como uma benevolência recíproca e consciente dotada de efeitos práticos. Mostra-se que os objetos da amizade são parte integrante do tipo de relação pessoal que a amizade constitui, tornando impossível uma (...) definição comum. (shrink)

Business Ethics: A European Review, EarlyView.

Two agents endowed with different categorisations engage in bargaining to reach an understanding and agree on a common categorisation. We model the process as a simple non-cooperative game and demonstrate three results. When the initial disagreement is focused, the bargaining process has a zero-sum structure. When the disagreement is widespread, the zero-sum structure disappears and the unique equilibrium requires a retraction of consensus: two agents who individually associate a region with the same category end up rebranding it under a different (...) category. Finally, we show that this last equilibrium outcome is Pareto dominated by a cooperative solution that avoids retraction; that is, the unique equilibrium agreement may be inefficient. (shrink)

Why, for such a long time, has there been no Kantian point of view among the most influential theories about thought experiments? The primary historical reason – the main trends in the philosophy of science have always rejected the existence of a priori knowledge – fits a theoretical reason. Kant oscillated between two very different views about the a priori: on the one hand, he attributed to it a particular content, whereas on the other hand he insisted on its purely (...) formal character. The first interpretation of the a priori was one-sidedly developed by Ørsted and led to his untenable notion of thought experiment. The other interpretation, however, can be further developed into new Kantian theories of thought experiments in the natural sciences and in philosophy. (shrink)

This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her (...) legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right. (shrink)

Yuk Hui’s concept of cosmotechnics provides us with an excellent theoretical device to investigate the role of technology in relation to a culture’s self-understanding. This paper, in the first pla...

Natural environments have a restorative effect from mental/attentional fatigue, prevent stress, and help to revitalize psychological and physical resources. These benefits are crucial for promoting active aging, which is particularly relevant given the phenomenon of population aging in recent decades. To be considered restorative, green spaces have to meet specific requirements in ecological and psychological terms that can be assessed through Post-Occupancy Evaluation, a multimethod approach commonly used by environmental psychologists and landscape architects after construction to evaluate the design outcomes (...) from the users’ perspective. Generally, POEs consist of surveys and/or interviews accompanied by more or less structured observations of onsite users’ behavior. Despite this, various practical constraints can prevent physical access to the renovated area. Exploiting digital tools for such an assessment can be a crucial support in such circumstances. The current study presents the visual POE of a restorative garden for older adults in Milan, Italy. We developed a web application, that includes the exp-EIA© patented method, which allows participants to virtually explore a visual simulation of the environment and provide their feedback. We identified 3 representative viewpoints in the redeveloped garden differing from each other for the functions and the design principles that inspired the transformation. For each point of view, we created 360° Virtual Reality photographs, that can be navigated by looking around, i.e., panning, from the standing point of each view. In connection to each virtual scene, a survey was conducted. The focus was the psychological experience related to each viewpoint, assessed with two psychometric scales investigating the constructs of emotions and restoration ; such information is integrated with behavioral aspects, including the main activities prefigured by participants and their visual exploration of the VR photography. The results of the virtual exploration show that the garden is perceived as restorative, with a more intense effect in a spot purposely designed. The emotions experienced in the garden are positive and a mild level of arousal is observed. The behavioral dimension is characterized by predominantly contemplative activities and contact with nature. A cartographic representation of the psychological and behavioral data is developed, to support the maintenance of the garden. (shrink)

This paper replies to objections that have been raised against my operational-Kantian account of thought experiments by Fehige 2012 and 2013. Fehige also sketches an alternative Neo-Kantian account that utilizes Michael Friedman’s concept of a contingent and changeable a priori. To this I shall reply, first, that Fehige’s objections not only neglect some fundamental points I had made as regards the realizability of TEs, but also underestimate the principle of empiricism, which was rightly defended by Kant. Secondly, in opposition to (...) what he states, my account does not differ in a very essential way from the empiricist solutions either as regards the power of TEs to predict something new about empirical reality, or as regards the criteria for telling apart good from bad TEs. Thirdly, in the light of the Kantian definition of the a priori, Friedman’s corresponding notion is contrary both to the spirit and to the letter of Kant’s philosophy; moreover, from a theoretical point of view, a material a priori is theoretically untenable since, counter to Friedman’s own intentions, it leads to relativism. -/- . (shrink)

In this paper—Part 2 of 3—we discuss one of the two main types of soft-line responses to manipulation cases, which we refer to as manipulator-focused views. Manipulator-focused views hold, roughly, that the reason that Victim lacks responsibility (or lacks full responsibility) is because of the way the action is related to the Manipulator. First, we introduce these views generally, and then we survey some detailed versions of such views. We then introduce cases of natural forces, often taken to be a (...) problem for such approaches in general, followed by a discussion of various sorts of cases—accidental results, lucky manipulators, and parallel cases—that present challenges for some of the detailed versions of such views. We conclude with some thoughts about the prospects for manipulator-focused views going forward. (shrink)

Partindo das reflexões de Michel Foucault no final dos anos 1970 e da noção desenvolvida mais recentemente de “governamentalidade algorítmica”, entendida como um novo regime de poder e saber baseado na coleta, mineração e cruzamento de grandes volumes de dados, o presente artigo pretende analisar criticamente as chamadas “cidades inteligentes”, nas quais a infraestrutura e os serviços são interligados de maneira supostamente mais racionalizada e eficiente, oferendo finalmente o sonhado bem-estar e a vida feliz. Essa utopia de organização social será (...) associada a uma nova forma de racionalidade política e estratégia de governo por meio de algoritmos, que colocam importantes e inquietantes questões. Neste trabalho, ressaltaremos a capacidade que os algoritmos possuem de nos governar, no sentido de conduzir nossas condutas e estruturar o campo das ações possíveis. E o foco deste artigo recairá sobre a tensão entre liberdade e controle inscrita nessa nova governamentalidade, que tem por objeto mais imediato os dados, as relações e os ambientes. (shrink)

In this paper, we propose a new kind of nonprioritized operator which we call two level credibility-limited revision. When revising through a two level credibility-limited revision there are two levels of credibility and one of incredibility. When revising by a sentence at the highest level of credibility, the operator behaves as a standard revision, if the sentence is at the second level of credibility, then the outcome of the revision process coincides with a standard contraction by the negation of that (...) sentence. If the sentence is not credible, then the original belief set remains unchanged. In this article, we axiomatically characterize several classes of two level credibility-limited revision operators. (shrink)

The aim of my paper is to compare three alternative formal reconstructions of van Inwagen’s famous argument for incompatibilism. In the first part of my paper, I examine van Inwagen’s own reconstruction within a propositional modal logic. I point out that, due to the expressive limitations of his propositional modal logic, van Inwagen is unable to argue directly (that is, within his formal framework) for incompatibilism. In the second part of my paper, I suggest to reconstruct van Inwagen’s argument within (...) a first-order predicate logic. I show, however, that even though this reconstruction is not susceptible to the same objection, this reconstruction can be shown to be inconsistent (given van Inwagen’s own assumptions). At the end of my paper, I suggest to reconstruct van Inwagen’s argument within a quantified counterfactual logic with propositional quantifiers. I show that within this formal framework van Inwagen would not only be able to argue directly for incompatibilism, he would also be able to argue for crucial assumptions of his argument. (shrink)

ABSTRACT The paper aims to show that Rahel Jaeggi's objections to Walzer's model of internal critique are in many respects inconsistent, and above all that these objections are a sign of a political deficit in the neo-Hegelian methodology adopted by Jaeggi to develop her model of immanent critique. The same deficit concerns Jaeggi's use of Marx's model of the critique of ideology, which can be fruitfully reworked by Walzer's reinterpretation of Gramsci's theory of the struggle for hegemony.