We use a lab experiment to examine whether and how leaders influence workers’ (un)ethical behavior through financial reporting choices. We randomly assign the role of leaders or workers to subjects, who can choose to report an outcome via automatic or self-reporting. Self-reporting allows for profitable and undetectable earnings manipulation. We vary the leaders’ ability to choose the reporting method and to punish workers. We show that workers are more likely to choose automatic reporting when their leader voluntarily does so and (...) can assign punishment. Even workers who choose self-reporting tend to cheat less when their leader chooses automatic reporting. Nonetheless, most leaders do not opt for automatic reporting in the first place: they often choose self-reporting and punish workers who rather choose automatic reporting. Collectively, our results reveal a dual effect of leadership on ethical behaviors in organizations: workers behave more ethically if their leader makes ethical choices, but often leaders do not make ethical choices in the first place. Hence, leading by example can backfire. (shrink)

El presente artículo ofrece una aproximación a las líneas fundamentales de la fenomenología de la conciencia amorosa de Joaquín Xirau. El objetivo es mostrar cómo el amor puede erigirse en el fundamento ontológico, axiológico y gnoseológico de la realidad y, por tanto, en la clave de bóveda del arco sujeto-objeto de la conciencia. Si el despliegue de la Modernidad ha conducido la existencia del hombre al nihilismo, la conciencia amorosa se postula como una vía razonable de salvación. Al ser restituida (...) la realidad del mundo en su doble dimensión, ontológica y axiológica, puede recobrarse una experiencia de sentido plenaria y orgánica de aquella. (shrink)

O presente trabalho busca mostrar o processo de criação sob o ponto de vista da poesia mística de Rumi. Portanto, procura demonstrar como Rumi dá vida, em seus escritos, ao máximo ato vivificador, à beleza com a qual ele entende e transporta, pelas palavras, o conhecimento do ato criador divino. Trata-se, portanto, de mostrar o processo de criação pelo qual as criaturas recebem a filiação do Criador, e como esse elo primordial com a transcendência é então capaz de inspirar todo (...) movimento observado pelo místico em direção ao processo de união, que no caso de Rumi, remete ao movimento de influxo do amor. É pelo amor que as criaturas são chamadas a reconhecer, no mundo e no cosmos os atributos de Deus, dos quais elas participam por filiação. (shrink)

A Moisés ben Maimón, nuestro Maimónides, le gustaba auto llamarse "Moisés el Español" o "Moisés el Cordobés". En una ocasión, ya largamente asentado en el viejo Cairo, escribía: "Entre nosotros, en al-Ándalus". Esta referencia, constante y repetida, a su tierra, al lugar que lo vio nacer, significa algo más que amor al terruño, a la patria chica...Las obras de Maimónides han generado y siguen generando innumerables ediciones, reediciones, traducciones y estudios que podrían llenar bibliotecas enteras. Por esto es encomiable el (...) formidable trabajo que ha realizado Mario Eduardo Cohen, quien, con admirable ahínco, con pasión y entrega, ha leído, analizado y estudiado innumerables obras, estudios, artículos, también los escritos del propio Maimónides, desgranando de manera antológica y muy pedagógica lo más preciso de su pensamiento y de su aportación a la cultura humana y al conocimiento del legado rabínico judaico. De seguro que el lector tras la lectura de esta obra divulgativa va a tomar conciencia de la grandeza de aquel hebreo cordobés, cuya obra es como un pedernal que despide la chispa creativa en quien con fuerza la golpea en la lectura y el estudio. Ahí radica el secreto de la actualidad permanente y viva de su obra y el noble afán de Mario Eduardo Cohen de hacer de las grandes obras de Maimónides una referencia viva de nuestro tiempo.EDITORIAL UNIVERSIDAD MAIMÓNIDES - ARGENTINA Este libro contiene el desarrollo de los siguientes temas, entre otros: -Época de guerras y profundos cambios-Documentos de la Guenizá de El Cairo-De Córdoba a Fostat-El Príncipe de los Médicos-Consejos para la Vida-Aportes para el Judaísmo-Guía de perplejos-Maimónides. Un canto a la solidaridad y a la humildadCon este libro usted podrá conocer mas sobre este gran pensador.¡Descargue ya este libro y comience a aprender sobre Maimónides!maimónides, maimonides, mario eduardo cohen, sefardi, sefardí, judaísmo, pedagogía. (shrink)

Alguna consideración reducida de lafilosofia medieval considera la síntesis lograda ene! sigla XIII como e! modelo exclusivo y acabado,de modo que, de alú en más, los pensadorespasteriores ingresen en una pendiente de decadenciaque habrá de culminar com la rupturaproclamada por el pensamiento moderno. Pero lahistoriografia moderna nos permite evaluar mejorla diversidad de las propuestas que jalonan lossiglas XIV y XV. Uno de estas motivos nos loproporciona el pensamiento de Nicolás de Cusa pues en él se evidencia cómo lahistoria viviente incorpora (...) e! pasado y seproyecta hacia e! futuro interpretando com originalidadsu tiempo. La presente investigaciónpretende incursionar en uno de los aspectosquizá menos explorados dei pensar cusano: superspectiva ética. Nicolás de Cusa no escribióningún tratado específico. Sin embargo nos legóun enfoque que consideramos muy rico. E! puntode partida nace com su concepción de la singularidad.El individuo no es una mónada aislada ydesconexa dei universo. Para Nicolás de Cusa encada realidad se da lo máximo "contracto". Setrata de una densa expresión que expressa lapresencia de lo infinito en lo finito. Cada entidad,que participa dei universo es también irrepetiblee insustituible. Y ello reluce particularmente en e!hombre de modo que su singularidad constituyeel centro de la antropologia cusana, de tal maneraque la perfección consista en ser lo que es.Elia se plasma en la fórmula "Sé tú tu mismo y yoseré tuyo". El hombre no tiene que salir de sípara llegar a su plenitud, pues en la fidelidadabsoluta a si mismo descubrirá la plenitud de suser. Y este processo se realiza únicamente en elejercicio de la libertad que capacita o traba elacceso a la perfección moral, es decir, la plenituddei amor ai que el hombre está destinado. (shrink)

The aim of this paper is to show in what terms reality can be considered as a stratification of surfaces by developing Mario Perniola's philosophy of transit. The first part will deal with the etymology of the word transit, in order to explain its meanings and uses. As it will be clarified, the development of the notion of transit goes together with the conception of reality as deep in the sense of full, available, rich, as the realm of "difference" (...) and "enigmas". The second part will explain the particular conception of temporality implied in the transit. Together with Perniola's analysis, Nietzschean and Deleuzian reflections about "amor fati" and "eternal return" will be further explored. This concept is crucial to understand not only Perniola's overall philosophy by clarifying his position against postmodern thinkers; it also provides a theoretical framework from which the task and the challenge of the philosopher in the contemporary world emerge. (shrink)

Mario Bunge, author of the monumental Treatise on Basic Philosophy, is widely renowned as a philosopher of science. In this new and ambitious work he shifts his attention to the social sciences and the social technologies. He considers a number of disciplines, including anthropology, sociology, economics, political science, law, history, and management science. Bunge contends that social science research has fallen prey to a postmodern fascination with irrationalism and relativism. He urges social scientists to re-examine the philosophy and the (...) methodology at the base of their discipline. Bunge calls for objective and relevant fact-finding, rigorous theorizing, and empirical testing, as well as morally sensitive and socially responsible policy design. (shrink)

This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperatives and, symmetrically, how that impact is to be considered in the application of law. Differences in ways of categorizing the world could position the cultural pre-understanding required by law, and the (...) pluralism recognized and protected by constitutional principles and human/fundamental rights discourse, at a crossroads. Hence, even when we find an illegitimacy or an ignorance about what legal rules do not explicitly state but instead implicitly presuppose, this does not exclude that behind that ignorance there may be something worthy of legal protection. A question emerges: is it legitimate and reasonable to consider the ignorantia facti resulting from differing ways of categorizing the factual world as automatically and uncritically subject to the principle ignoratia legis non excusat? The essay continues with an assessment of the possible consequences of ignorantia facti in the administration of justice in multicultural societies and migration contexts. For this purpose, the opportunity for an intercultural use of law—including within national law—will be considered as a means of avoiding the discriminatory application of ignorantia facti. This topic will be addressed by leveraging both semiotic and cultural-anthropological analytical tools, including the well-known greimasien “contrat de véridiction”. (shrink)

continent. 2.2 (2012): 66–75 ~*~ We’re Doomed. Pessimism is the night-side of thought, a melodrama of the futility of the brain, a poetry written in the graveyard of philosophy. Pessimism is a lyrical failure of philosophical thinking, each attempt at clear and coherent thought, sullen and submerged in the hidden joy of its own futility. The closest pessimism comes to philosophical argument is the droll and laconic “We’ll never make it,” or simply: “We’re doomed.” Every effort doomed to failure, every (...) project doomed to incompletion, every life doomed to be unlived, every thought doomed to be unthought. Pessimism is the lowest form of philosophy, frequently disparaged and dismissed, merely the symptom of a bad attitude. No one ever needs pessimism, in the way that one needs optimism to inspire one to great heights and to pick oneself up, in the way one needs constructive criticism, advice and feedback, inspirational books or a pat on the back. No one needs pessimism, though I like to imagine the idea of a pessimist activism. No one needs pessimism, and yet everyone—without exception—has, at some point in their lives, had to confront pessimism, if not as a philosophy then as a grievance—against one’s self or others, against one’s surroundings or one’s life, against the state of things or the world in general. There is little redemption for pessimism, and no consolation prize. Ultimately, pessimism is weary of everything and of itself. Pessimism is the philosophical form of disenchantment—disenchantment as chanting, a chant, a mantra, a solitary, monophonic voice rendered insignificant by the intimate immensity surrounding it. In pessimism, the first axiom is a long, low, funereal sigh. ~*~ We’re Still Doomed. No one has time for pessimism. After all, there are only so many hours in a day. Whatever our temperament, happy or sad, engaged or disengaged, we know pessimism when we hear it. The pessimist is usually understood as the complainer, forever pointing out what is wrong with the world without ever once offering a solution. But more often than not pessimists are the quietest of philosophers, submerging their own sighs within the lethargy of discontent. What little sound it makes is of interest to no one—“I’ve heard it all before,” “tell me something I don’t know,” sound and fury, signifying nothing. In raising problems without solutions, in posing questions without answers, in retreating to the hermetic, cavernous abode of complaint, pessimism is guilty of that most inexcusable of Occidental crimes—the crime of not pretending it’s for real. Pessimism fails to live up to the most basic tenet of philosophy—the “as if.” Think as if it will be helpful, act as if it will make a difference, speak as if there is something to say, live as if you are not, in fact, being lived by some murmuring non-entity both shadowy and muddied. Had it more self-assurance and better social skills, pessimism would turn its disenchantment into a religion, possibly calling itself The Great Refusal. But there is a negation in pessimism that refuses even such a Refusal, an awareness that, from the start, it has already failed, and that the culmination of all that is, is that all is for naught. Pessimism tries very hard to present itself in the low, sustained tones of a Requiem Mass, or the tectonic rumbling of Tibetan chant. But it frequently lets loose dissonant notes at once plaintive and pathetic. Often, its voice cracks, its weighty words abruptly reduced to mere shards of guttural sound. ~*~ Maybe It’s Not So Bad, After All. If we know pessimism when we hear it, this is because we’ve heard it all before—and we didn’t need to hear it in the first place. Life is hard enough. What you need is a change of attitude, a new outlook, a shift in perspective... a cup of coffee. If we have no ears for pessimism, this is because it is always reducible to something as reliably mutable as a voice. If pessimism is so frequently disparaged, it is because it brings everyone down, determined as it is to view each day as a bad day, if only by virtue of the fact that it is not yet a bad day. For pessimism the world is brimming with negative possibility, the collision of a bad mood with an impassive world. In fact, pessimism is the result of a confusion between the world and a statement about the world, a confusion that also prevents it from fully entering the hallowed halls of philosophy. If pessimism is so often dismissed, this is because it is often impossible to separate a “bad mood” from a philosophical proposition (and do not all philosophies stem from a bad mood?) The very term “pessimism” suggests a school of thought, a movement, even a community. But pessimism always has a membership of one—maybe two. Ideally, of course, it would have a membership of none, with only a scribbled, illegible note left behind by someone long forgotten. But this seems unrealistic, though one can always hope. ~*~ Anatomy of Pessimism. Though it may locate itself at the margins of philosophy, pessimism is as much subject to philosophical analysis as any other form of thought. Pessimism’s lyricism of failure gives it the structure of music. What time is to the music of sorrow, reason is to a philosophy of the worst. Pessimism’s two major keys are moral and metaphysical pessimism, its subjective and objective poles, an attitude towards the world and a claim about the world. For moral pessimism, it is better not to have been born at all; for metaphysical pessimism, this is the worst of all possible worlds. For moral pessimism the problem is the solipsism of human beings, the world made in our own image, a world-for-us. For metaphysical pessimism, the problem is the solipsism of the world, objected and projected as a world-in-itself. Both moral and metaphysical pessimism are compromised philosophically; moral pessimism by its failure to locate the human within a larger context, and metaphysical pessimism by its failure to recognize the complicity in the very claim of realism. This is how pessimism makes its music of the worst, a generalized misanthropy without the anthropos . Pessimism crystallizes around this futility—it is its amor fati , rendered as musical form. ~*~ Melancholy of Anatomy. There is a logic of pessimism that is fundamental to its suspicion of philosophical system. Pessimism involves a statement about a condition . In pessimism each statement boils down to an affirmation or a negation, just as any condition boils down to the best or the worst. With Schopenhauer, that arch-pessimist, the thinker for whom the philosopher and the curmudgeon perfectly overlap, we see a no-saying to the worst, a no-saying that secretly covets a yes-saying (through asceticism, mysticism, quietism), even if this hidden yes-saying is a horizon at the limits of comprehension. With Nietzsche comes the pronouncement of a Dionysian pessimism, a pessimism of strength or joy, a yes-saying to the worst, a yes-saying to this world as it is. And with Cioran yet another variation, futile yet lyrical, a no-saying to the worst, and a further no-saying to the possibility of any other world, in here or out there. With Cioran one approaches, but never reaches, an absolute no-saying, a studied abandonment of pessimism itself. The logic of pessimism moves through three refusals: a no-saying to the worst (refusal of the world-for-us, or Schopenhauer’s tears); a yes-saying to the worst (refusal of the world-in-itself, or Nietzsche’s laughter); and a no-saying to the for-us and the in-itself (a double refusal, or Cioran’s sleep). Crying, laughing, sleeping—what other responses are adequate to a life that is so indifferent? ~*~ Cosmic Pessimism. Both moral and metaphysical pessimism point to another kind, a pessimism that is neither subjective nor objective, neither for-us nor in-itself, and instead a pessimism of the world-without-us. We could call this a cosmic pessimism ... but this sounds too majestic, too full of wonder, too much the bitter aftertaste of the Great Beyond. Words falter. And so do ideas. And so we have a cosmic pessimism, a pessimism that is first and last a pessimism about cosmos , about the necessity and possibility of order. The contours of cosmic pessimism are a drastic scaling-up or scaling-down of the human point of view, the unhuman orientation of deep space and deep time, and all of this shadowed by an impasse, a primordial insignificance, the impossibility of ever adequately accounting for one’s relationship to thought—all that remains of pessimism is the desiderata of affects—agonistic, impassive, defiant, reclusive, filled with sorrow and flailing at that architectonic chess match called philosophy, a flailing that pessimism tries to raise to the level of an art form (though what usually results is slapstick). ~*~ Song of Futility. An ethics of futility pervades pessimism. Futility, however, is different from fatality, and different again from simple failure (though failure is never simple). Failure is a breakage within the heart of relations, a fissure between cause and effect, a fissure hastily covered over by trying and trying again. With failure, there is always plenty of blame to go around; it’s not my fault, it’s a technical difficulty, it’s a miscommunication. For the pessimist, failure is a question of “when,” not “if”—failure as a metaphysical principle. Everything withers and passes into an obscurity blacker than night, everything from the melodramatic decline of a person’s life to the banal flickering moments that constitute each day. Everything that is done undone, everything said or known destined for a kind of stellar oblivion. When scaled up in this way, failure becomes fatality. Fatality is the hermeticism of cause and effect. In fatality, everything you do, whatever you do, always leads to a certain end, and ultimately to the end—though that end, or the means to that end, remain shrouded in obscurity. Nothing you do makes a difference because everything you do makes a difference. Hence the effects of your actions are hidden from you, even as you deceive yourself into thinking that, at last, this time you will outwit the order of things. By having a goal, planning ahead, and thinking things through carefully, we attempt, in a daily Prometheanism, to turn fatality to our advantage, to gain a glimpse of an order that seems buried deeper and deeper in the fabric of the universe. But even fatality has its comforts. The chain of cause and effect may be hidden from us, but that’s just because disorder is the order we don’t yet see; it’s just complex, distributed, and requires advanced mathematics. Fatality still clings to the sufficiency of everything that exists... When fatality relinquishes even this idea, it becomes futility. Futility arises out of the grim suspicion that, behind the shroud of causality we drape over the world, there is only the indifference of what exists or doesn’t exist; whatever you do ultimately leads to no end, an irrevocable chasm between thought and world. Futility transforms the act of thinking into a zero-sum game. ~*~ Song of the Worst. At the center of pessimism lies the term pessimus , “the worst,” a term as relative as it is absolute. The worst is about as bad as it gets, “the worst” as “the best” in disguise, shrouded by the passage of time or the twists and turns of fortune. For the pessimist, “the worst” is the propensity for suffering that gradually occludes each living moment, until it eclipses it entirely, overlapping perfectly in death... which, for the pessimist, is no longer “the worst.” Pessimism is marked by an unwillingness to move beyond “the worst,” something only partially attributable to a lack in motivation. In pessimism “the worst” is the ground that gives way beneath every existent—things could be worse, and , things could be better. “The worst” invariably implies a value judgment, one made based on scant evidence and little experience; in this way, pessimism’s greatest nemesis is its moral orientation. Pessimism’s propositions have all the gravitas of a bad joke. Perhaps this is why the true optimists are the most severe pessimists—they are optimists that have run out of options. They are almost ecstatically inundated by the worst. Such an optimism is the only possible outcome of a prolonged period of suffering, physical or metaphysical, intellectual or spiritual. But does this not also describe all the trials and tribulations of each day—in short, of “life?” It seems that sooner or later we are all doomed to become optimists of this sort (the most depressing of thoughts...) ~*~ Song of Doom. Rather than serving as a cause for despair, gloom and doom are the forms of consolation for any pessimist philosophy. Neither quite affects nor quite concepts, gloom and doom transform pessimism into a mortification of philosophy. Doom is not just the sense that all things will turn out badly, but that all things inevitably come to an end, irrespective of whether or not they really do come to an end. What emerges from doom is a sense of the unhuman as an attractor, a horizon towards which the human is fatally drawn. Doom is humanity given over to unhumanity in an act of crystalline self-abnegation. Gloom is not simply the anxiety that precedes doom. Gloom is literally atmospheric, climate as much as impression, and if people are also gloomy, this is simply the by-product of an anodyne atmosphere that only incidentally involves human beings. Gloom is more climatological than psychological, the stuff of dim, hazy, overcast skies, of ruins and overgrown tombs, of a misty, lethargic fog that moves with the same languorousness as our own crouched and sullen listening to a disinterested world. In a sense, gloom is the counterpoint to doom—what futility is to the former, fatality is to the latter. Doom is marked by temporality—all things precariously drawn to their end—whereas gloom is the austerity of stillness, all things sad, static, and suspended, a meandering smoke hovering over cold lichen stones and damp fir trees. If doom is the terror of temporality and death, then gloom is the horror of a hovering stasis that is life. At times I like to imagine that this realization alone is the thread that connects the charnel ground Aghori and the graveyard poets. ~*~ Song of Spite. There is an intolerance in pessimism that knows no bounds. In pessimism spite begins by fixing on a particular object of spite—someone one hardly knows, or someone one knows too well; a spite for this person or a spite for all of humanity; a spectacular or a banal spite; a spite for a noisy neighbor, a yapping dog, a battalion of strollers, the meandering idiot walking in front of you on their smart phone, large loud celebrations, traumatic injustices anywhere in the world regurgitated as media blitz, spite for the self-absorbed and overly performative people talking way too loud at the table next to you, technical difficulties and troubleshooting, the reduction of everything to branding, spite of the refusal to admit one’s own errors, of self-help books, of people who know absolutely everything and make sure to tell you, of all people, all living beings, all things, the world, the spiteful planet, the inanity of existence... Spite is the motor of pessimism because it is so egalitarian, so expansive, it runs amok, stumbling across intuitions that can only half-heartedly be called philosophical. Spite lacks the confidence and the clarity of hatred, but it also lacks the almost cordial judgment of dislike. For the pessimist, the smallest detail can be an indication of a metaphysical futility so vast and funereal that it eclipses pessimism itself—a spite that pessimism carefully places beyond the horizon of intelligibility, like the experience of dusk, or like the phrase, “it is raining jewels and daggers.” ~*~ Song of Sleep. A paraphrase of Schopenhauer: what death is for the organism, sleep is for the individual. Pessimists sleep not because they are depressed, but because for them sleep is a form of ascetic practice. Sleep is the askesis of pessimism. If, while sleeping, we have a bad dream, we abruptly wake up, and suddenly the horrors of the night vanish. There is no reason to think that the same does not happen with the bad dream we call “life.” ~*~ Song of Sorrow. Nietzsche, commenting on pessimism, once castigated Schopenhauer for taking things too lightly. He writes: ...Schopenhauer, though a pessimist, really —played the flute. Every day, after dinner: one should read his biography on that. And incidentally: a pessimist, one who denies God and the world but comes to a stop before morality—who affirms morality and plays the flute... what? Is that really—a pessimist? We know that Schopenhauer did possess a collection of instruments, and we also know that Nietzsche himself composed music. There is no reason to think that either of them would ever banish music from the Republic of philosophy. But Nietzsche’s jibes at Schopenhauer are as much about music as they are about pessimism. For the pessimist who says no to everything and yet finds comfort in music, the no-saying of pessimism can only be a weak way of saying yes—the weightiest statement undercut by the flightiest of replies. The least that Schopenhauer could’ve done is to play the bass. I’m not a big fan of the flute, or, for that matter, wind instruments generally. But what Nietzsche forgets is the role that the flute has historically played in Greek tragedy. In tragedy, the flute ( aulos ) is not an instrument of levity and joy, but of solitude and sorrow. The Greek aulos not only expresses the grief of tragic loss, but it does so in a way that renders weeping and singing inseparable from each other. The classicist Nicole Loraux calls this the mourning voice . Set apart from the more official civic rituals of funerary mourning, the mourning voice of Greek tragedy constantly threatens to dissolve song into wailing, music into moaning, and the voice into a primordial, disarticulate anti-music. The mourning voice delineates all the forms of suffering—tears, weeping, sobbing, wailing, moaning, and the convulsions of thought reduced to an elemental unintelligibility. In the collapsed space between the voice that speaks and the voice that sings, pessimism discovers its mourning voice. Pessimism: the failure of sound and sense, the disarticulation of phone and logos . Have we rescued Schopenhauer from Nietzsche? Probably not. Perhaps Schopenhauer played the flute to remind himself of the real function of the mourning voice—sorrow, sighs, and moaning rendered indistinguishable from music, the crumbling of the human into the unhuman. Failure par excellence of pessimism. ~*~ Song of Nothing. In Buddhist thought, the First Noble Truth of existence is encapsulated in the Pali term dukkha , conventionally translated as “suffering,” “sorrow,” or “misery.” The Buddhist teachings are clear, however, that this is an objective claim, and not simply one point of view among others. Existence is suffering and sorrow—and yet this is not, the teachings tell us, a pessimistic attitude. It is likely that Schopenhauer, reading the Buddhist texts available to him, recognized some filiation with the concept of dukkha . But dukkha is a multi-faceted term. There is, certainly, dukkha in the usual sense of the suffering, strife, and loss associated with living a life. But this is, in turn, dependent on the finitude and temporality of dukkha , existence as determined by impermanence and imperfection. And this ultimately points to the way in which both suffering and finitude are grounded by the paradoxical groundlessness of dukkha as a metaphysical principle—the insubstantiality and the emptiness of all that is. Beyond what is worse to me, beyond a world ordered for the worst, there is the emptiness of dukkha as an impersonal suffering... the tears of the cosmos. In this context, it is easy to see how Schopenhauer’s pessimism attempts to compress all the aspects of dukkha into a nothingness at the core of existence, a Willlessness coursing through the Will. Though one thing for certain is that with Schopenhauer we do not find the “ever-smiling” countenance of Buddhism—or do we? The texts of the Pali Canon also contain lists of the different types of happiness—including the happiness of renunciation and the strange happiness of detachment. But Buddhism considers even the different types of happiness as part of dukkha , in this final sense of nothingness or emptiness. Perhaps Schopenhauer understood Buddhism better than he is usually given credit for. Thus the experiment of Schopenhauer’s philosophy—the point at which a Western pessimus and an Eastern dukkha overlap or exchange glances. Empty sorrow, a lyricism of indifference. The result is a strange, and ultimately untenable, nocturnal form of Buddhism. ~*~ Cioran once called music a “physics of tears.” If this is true, then perhaps metaphysics is its commentary. Or its apology. ~*~ Pessimism would be more mystical were it not for its defeatism. Mysticism is much too proactive for the pessimist, and pessimism too impassive even for the mystic. At the same time, there is something enviable about mysticism—despite its sufferings. There is a sense in which pessimists are really failed mystics. ~*~ You, the Night, and the Music. In a suggestive passage, Schopenhauer once noted that, “music is the melody to which the world is the text." Given Schopenhauer’s view on life—that life is suffering, that human life is absurd, that the nothingness before my birth is equal to the nothingness after my death—given all this, one wonders what kind of music Schopenhauer had in mind when he described music as the melody to which the world is text—was it opera, a Requiem Mass, a madrigal, or perhaps a drinking song? Or something like Eine kleine Nachtmusik , a little night music for the twilight of thought, a sullen nocturne for the night-side of logic, an era of sad wings sung by a solitary banshee. Perhaps the music Schopenhauer had in mind is music eliminated to non-music. A whisper would suffice. Perhaps a sigh of fatigue or resignation, perhaps a moan of despair or sorrow. Perhaps a sound just articulate enough that it could be heard to dissipate. ~*~ Teach me to laugh through tears. ~*~ Pessimism always falls short of being philosophical. My back aches, my knees hurt, I couldn’t sleep last night, I’m stressed-out, and I think I’m finally coming down with something. Pessimism abjures all pretenses towards system—towards the purity of analysis and the dignity of critique. We didn’t really think we could figure it out, did we? It was just passing time, taking a piss, something to do, a bold gesture put forth in all its fragility, according to rules that we have agreed to forget that we made up in the first place. Every thought marked by a shadowy incomprehension that precedes it, and a futility that undermines it. That pessimism speaks, in whatever voice, is the singing testimony to this futility and this incomprehension—take a chance and step outside, lose some sleep and say you tried... ~*~ Is there a music of pessimism? And would such a music be audible? ~*~ The impact of music on a person compels them to put their experience into words. When this fails, the result is a faltering of thought and language that is itself a kind of music. Cioran writes: “Music is everything. God himself is nothing more than an acoustic hallucination.” ~*~ If a thinker like Schopenhauer has any redeeming qualities, it is that he identified the great lie of Western culture—the preference for existence over non-existence. As he notes: “If we knocked on the graves and asked the dead whether they would like to rise again, they would shake their heads.” In Western cultures it is commonly accepted that one celebrates birth and mourns death. But there must be a mistake here. Wouldn’t it make more sense to mourn birth and celebrate death? Strange though, because the mourning of birth would, presumably, last the entirety of that person’s life, so that mourning and living would the be same thing. ~*~ To the musical idea of the harmony of the universe corresponds the philosophical principle of sufficient reason. Like the music of mourning, pessimism gives voice to the inevitable breakdown of word and song. In this way, music is the overtone of thought. ~*~ The Patron Saints of Pessimism. The patron saints of pessimism watch over suffering. Laconic and sullen, the patron saints of pessimism never seem to do a good job at protecting, interceding, or advocating for those who suffer. Perhaps they need us more than we need them. Lest we forget, there do exist patron saints of philosophy, but their stories are not happy ones. There is, for instance, the fourth century Saint Catherine of Alexandria, or Catherine of the Wheel, named after the torture device used on her. A precocious fourteen year old scholar, Catherine was subject to continual persecution. After all forms of torture failed—including the “breaking wheel”—the emperor finally settled for her decapitation, a violent yet appropriate reminder of the protector of philosophers. There are also patron saints of music and musicians, but theirs too are sad stories. In the second century, Saint Cecilia was also subject to persecution and torture. As she knelt to receive the blade that would separate her head from her body, she ardently sang a song to God. It took three attempts before she was fully decapitated, all the while she continued, perhaps miraculously, to sing. Does pessimism not deserve its own patron saints, even if they are unworthy of martyrdom? But in our search, even the most ardent nay-sayers frequently lapse into brief moments of enthusiasm—Pascal’s love of solitude, Leopardi’s love of poetry, Schopenhauer’s love of music, Nietzsche’s love of Schopenhauer, and so on. Should one then focus on individual works of pessimism? We could include Kierkegaard’s trilogy of horror— Sickness Unto Death , The Concept of Dread , and Fear and Trembling —but all these are undermined by their fabricated and unreliable authors. Besides, how can one separate the pessimist from the optimist in works like Unamuno’s The Tragic Sense of Life , Shestov’s Postetas Clavium , or Edgar Saltus’ under-read The Philosophy of Disenchantment ? Even in cases where the entire corpus of an author is pessimistic, the project always seems incomplete—witness Cioran’s trajectory, from his first book, On the Heights of Despair , to the last unpublished notebooks of acrid and taut aphorisms. And this is to say nothing of literary pessimism, from Goethe’s sorrowful Werther, to Dostoevsky’s underground man, to Pessoa’s disquiet scribbler; Baudelaire’s spleen and ennui, the mystical Satanism of Huysmans and Strindberg, the hauntologies of Mário de Sá-Carniero, Izumi Kyoka, H.P. Lovecraft, grumpy old Beckett... even the great pessimist comedians. All that remains are singular, perhaps anomalous statements of pessimism, a litany of quotes and citations crammed into fortune cookies. Patron saints are traditionally named after a locale, either a place of birth or of a mystical experience. Perhaps the better approach is to focus on the places where pessimists were forced to live out their pessimism—Schopenhauer facing an empty Berlin lecture hall, Nietzsche mute and convalescent at the home of his sister, Wittgenstein the relinquished professor and solitary gardener, Cioran grappling with Alzheimer’s in his tiny writing alcove in the Latin Quarter. ~*~ There’s a ghost that grows inside of me, damaged in the making, and there’s a hunt sprung from necessity, elliptical and drowned. Where the moving quiet of our insomnia offers up each thought, there’s a luminous field of grey inertia, and obsidian dreams burnt all the way down. ~*~ If pessimism has any pedagogical value, it is that the failure of pessimism as a philosophy is inextricably tied to the failure of pessimism as voice. I read the following, from Shestov’s The Apotheosis of Groundlessness : When a person is young he writes because it seems to him he has discovered a new almighty truth which he must make haste to impart to forlorn humankind. Later, becoming more modest, he begins to doubt his truths: and then he tries to convince himself. A few more years go by, and he knows he was mistaken all round, so there is no need to convince himself. Nevertheless he continues to write, because he is not fit for any other work, and to be accounted a superfluous person is so horrible. (shrink)

A powerful critique of nudge theory and the paternalist policies of behavioral economics, and an argument for a more inclusive form of rationality.

Against certain positivistic and neopositivistic strictures still rooted in our society, Agazzi argues that knowing the invisible is possible, not just in science, but also in metaphysics, in morals, in aesthetics, and in other areas, including, in a sense, religion. The book also examines many examples of such knowledge, surveying not only the great classics of philosophy, but various immortal masterpieces of art, music and literature. It is not just a treatise in epistemology, but a book of philosophy in the (...) most complete and traditional sense, for it discusses knowledge not only for its own sake, but also as a guide to culture, morality, happiness and to the sense of life. Thus, it also provides some important suggestions on how to face our time of crisis and an uncertain future. Despite Agazzi’s proverbial rigor and clarity, his project is so momentous and demanding that I discuss certain points which might deserve further explication and argumentation. (shrink)

This essay, between serious and facetious, addresses an apparently secondary implication of the planetary tragedy produced by Covid-19. It coincides with the ‘problem of the veil,’ a bone of contention in Islam/West relationships. More specifically, it will address the question of why the pandemic has changed the proxemics of public spaces and the grammar of ‘living together.’ For some time—and it is not possible to foresee how much—in many countries people cannot go out, or enter any public places, without wearing (...) a sanitary mask. In short, almost all of us, by obligation or by urgent advice from the public authorities of the various countries, will not live the public sphere with our faces uncovered. The alteration of the social context affecting many Western countries will inevitably involve also the ‘local’ perception of the Islamic veil and—as a matter of equality—the consistency of the prohibition of wearing it. What will thus become of the ban on wearing it in public places established by some countries such as France and asseverated by the ECHR? If everyone can and will have to go around with their faces covered, why should only Islamic women be discriminated against? Will not the change in boundary conditions produced by Covid-19 also induce Western people to re-categorize the meaning of the veil? And will this re-categorization not directly affect the ‘fact’ of wearing the veil, that is, its empirical perception? And still, will this psycho-semantic change not show how empirical perceptions are cultural constructs rather than ‘objective facts,’ as such allegedly independent from the observer’s point of view? Consequentially, will the plurality of perceptions and cultural meanings related to the gesture of covering one’s own face not gain renewed relevance in determining the legitimacy of wearing the veil? The socio-semantic earthquake produced by Covid-19 compels us to rethink this and other issues orbiting around the translation of ‘facts’ into legal language; furthermore, it highlights the instrumentality of many ideological/partisan and ethnocentric assumptions passed off as objectivity regarding those alleged ‘facts.’ The essay will attempt to provide an answer to the above questions by proposing a semiotic-legal approach to intercultural conflicts and, indirectly, the pluralism in law. (shrink)

This Handbook presents what world and regional religions teach about economic morality. It also compares the major religions, especially the Abrahamic faiths, in their positions on various social, business, and policy themes, such as feminism, competition, and the ecology, among others. The concluding chapter is an analytical synthesis that presents and explains the patterns that emerge from the various religions in this Handbook. Readers will find a remarkable convergence in religions’ teachings on economic morality, despite their wide differences in dogma, (...) ecclesial structures, and social practices. This confluence can be traced to similarities in the underlying anthropologies and cosmologies of these faiths. Readers will also discover that these religions’ economic teachings are the antithesis of contemporary market ethos, policy, and praxis. This Handbook underscores a symbiosis between religion and economic life as they mutually enrich each other. On the one hand, religion improves the efficiency and efficacy of economic life by lowering the frictional and monitoring costs of market operations. Virtuous market participants internalize norms of good economic conduct and behave accordingly. On the other hand, socio-economic life offers manifold enticements, comforts, and overindulgences that paradoxically push devout adherents to invest themselves even further in their beliefs. Socio-economic life provides an opportunity for religions to build strong faith communities and for believers to reify their religion in their economic conduct. This Handbook presents the richness, nuances, and rationale of religions and their economic ethics based on their vision of a natural and divine order. It shows that they share far more in common than whatever divides them, at least when it comes to economic morality. (shrink)

The Bible recounts that in Eden, Adam gives names to all the animals. But those names are not only representations of the animals’ nature, rather they shape and constitute it. The naming by Adam contains in itself the divide between the human and non-human. Then, there is the Fall: Adam falls and forgets Being. Though he may still remember the names he gave to the animals in Eden, he is no longer sure about their meaning. Adam will have to try (...) to remember his own intentions. Through this effort he can also become aware of how he thinks, who he is, and what was the natural order he knew before the Fall. Medieval bestiaries tell us this story. Bestiaries are works of word play populated by animal figures. They depend on back-and-forth anthropomorphization, or circular metaphor. Animal figures are portrayed as both a mirror of human nature and a window on it. Bestiaries served as means for the moral education of human beings and, at the same time, a way to criticize the current state of humanity, including political and ethical habits. Within the moral irony of medieval bestiaries we can find the origin of the invented nature that modernity will try, subsequently, to insert into natural rights discourse through the teleological oxymoron of their naturalized and naturalizing counter-factuality. I will propose a historical-semiotic journey through the ironic representations of the human-beasts from the ancient world to contemporaneity. The proposal resulting from this cultural excursion is that the words included in the many national and international Rights declarations operate much like the names Adam gave to the animals and still more as they were re-read in medieval bestiaries, both textual and musical. So, can the words of Rights still serve as musical scores, open to an infinite play of re-signification? If we were able to overcome the modern culture/nature and human being/animal dualisms, we could cast, today as in the past, a zoological gaze on human rights by means of contemporary bestiaries and, in this way, perhaps find the gist of rights’ names and our ever regained and ever lost again humanity. (shrink)

Il breve saggio si propone di esaminare la centralità della figura materna nell’opera di un ingegnoso costruttore di storie della letteratura italiana del Novecento: Alberto Moravia. La scelta dell’Autore nasce dalla rilevanza della tematica nella sua opera, in cui peraltro è quasi sempre assente il punto di vista femminile delle “voci” delle donne. Ciò sembra paradossale e questa circostanza è di grande interesse critico. In particolare, a dispetto delle interpretazioni più canoniche, secondo cui Moravia – negli scritti realizzati tra il (...) 1929 e il 1964 – ha inteso compiere una “distruzione” dell’immagine materna nel quadro di una visione pessimista della famiglia borghese, dovremo considerare un più complesso e articolato universo materno nello scrittore romano, in cui è possibile ricostruire cinque modelli – la “madre autoritaria”, la “madre-non madre”, la “madre padrona”, la “madre-angelo custode” e la “madre-seduttrice” –, ben esemplificati nei principali romanzi ma che si ritrovano nei racconti che Moravia scrive ininterrottamente dagli anni Trenta agli anni Sessanta, la cui mole ha determinato, ancor oggi, una mancanza di studi sistematici. In secondo luogo, la tematica della madre sarà esaminata nelle trasposizioni cinematografiche italiane delle opere letterarie di Moravia. Va ricordato che il rapporto dello scrittore con il cinema fu particolarmente intenso. Per un verso, la “settima arte” rivestì un ruolo non secondario nella formazione ed esperienza estetica dell’Autore romano, che al cinema si interessò anche professionalmente nelle vesti di critico cinematografico, a partire dal primo dopoguerra, dapprima, per La nuova Europa e Libera stampa, poi, per L’Europeo e L’Espresso, a cui dobbiamo aggiungere l’attività di saggista per numerose riviste specializzate. Per altro verso, il cinema italiano non solo ha attinto a “mani basse” dall’opera di Moravia per sceneggiature di pellicole, che furono pietre miliari della sua storia. L’elenco dei romanzi e racconti adattati al grande schermo rende conto della grande influenza nella cultura italiana degli anni Cinquanta e Sessanta: La provinciale (1953) di Mario Soldati, La romana (1954) di Luigi Zampa, Peccato che sia una canaglia (1954) di Alessandro Blasetti, Racconti romani (1955) di Gianni Franciolini, La ciociara (1960) di Vittorio de Sica, La giornata balorda (1960) di Mauro Bolognini, Risate di gioia (1960) di Mario Monicelli, Agostino (o la perdita dell’innocenza) (1962) di Mauro Bolognini, La noia (1963) di Damiano Damiani, Gli indifferenti (1964) di Francesco Maselli, Le ore nude (1964) di Marco Vicario, La donna invisibile (1969) di Paolo Spinola, Una ragazza piuttosto complicata (1969) di Damiano Damiani, L’amore coniugale (1970) di Dacia Maraini, Il conformista (1970) di Bernardo Bertolucci, e molti altri ancora. Come avremo modo soltanto di accennare, il successo della letteratura moraviana nel mondo del cinema italiano si deve a molteplici fattori, tra cui la raffigurazione dei personaggi e degli ambienti, la focalizzazione su certe tematiche e, non da ultimo, lo stile narrativo, particolarmente adatto alle trasposizioni cinematografiche. Come caso di studio, ci soffermeremo, infine, sulla figura materna della versione filmica de La noia di Damiani, con l’obiettivo di verificare se nel passaggio dal libro alla pellicola, quella particolare connotazione della madre autoritaria abbia subito delle alterazioni. L’ipotesi che muove l’analisi è che la stesura delle sceneggiature, la raffigurazione dei personaggi e la messa in scena delle sequenze filmiche facciano emergere un riadattamento adeguato al largo pubblico, con il sovvertimento dell’andamento cronologico, alcune “lacune” di ordine psicologico nella raffigurazione dei protagonisti e un certo cedimento moralistico alla cultura ancora dominante negli anni ’50 e ’60, in cui la figura materna, sia quando è incattivita dalla povertà che quando è inaridita dalla ricchezza, anela comunque agli affetti familiari, trovando in essi una qualche forma di redenzione. (shrink)

In the scientific communities most criticisms are constructive, while they are destructive in the humanistic circles. Indeed, scientists circulate their drafts among colleagues and students, hoping to elicit their comments and suggestions before submitting their work to publication. In contrast, philosophers and political thinkers attack their rivals, without sparing arguments ad hominem or even insults. The reason for this difference is that scientists are after the truth, whereas most humanists fight for more or less noble causes, from swelling their own (...) curricula to joining crusades for or against rationality, realism, justice, or what have you. (shrink)

CONTENIDO: Itinerarios nietzscheanos / Aníbal Córdoba M. / - Nietzscher y la historia / Luis Antonio Restrepo A. / - Lenguaje, genealogía e interpretación / Jairo Montoya G. / - El amor y la muerte en la vida y el pensamiento de Nietzsche / Carlos Mario González R. / - La caverna de la interpretación / Jorge Mario Mejía T. / - Genealogía y poder / Jean Paul Margot / - Nietzche y la escritura / Jorge Alberto Naranjo (...) M. / - Salud, enfermedad, música. Reflexiones sobre la filosofía de Friedrich Nietzsche / Javier Escobar I / - Nietzche y Deleuze: encuentros / Juan Gonzalo Moreno V. (shrink)

This book is about politics, political theory, and political philosophy. Although these disciplines are often conflated because they interact, they actually are distinct. Political theory is part of political science, whereas political philosophy is a hybrid of political theory and philosophy. The former discipline is descriptive and explanatory, whereas the latter is prescriptive--to the point that it is often called "normative theory." It is in fact the evaluative study of political societies. Whereas political theorists describe and explain politics, political philosophers (...) examine it critically and venture to suggest improvements and, on occasion, radically different social futures. Political philosophers propose scenarios and dreams where political scientists offer snapshots of existing polities. While these disciplines are distinct, Mario Bunge asserts that they must inform each other. Political philosophy is not yet a well-defined field: it hovers between political theory and utopian fantasizing. Few, if any earlier thinkers could have anticipated any of the most pressing political issues of our time, such as the need to stop global warming, reduce nuclear armaments, stop the rise of inequality between individuals and nations, and fight authoritarianism, particularly when it comes disguised as democracy or as socialism. Not even more recent social thinkers had much to say about such topical issues as environmental degradation, gender and race discriminations, participative democracy, nationalism, imperialism, the North-South divide, resource wars, the industrial-military complex, or the connections between poverty and environmental degradation, and between inequality and bad health. Beyond ideological divergences, most political philosophers have been nearly unanimous in their indifference to the plight of the Third World. Bunge does not share that indifference. He also believes that political philosophers should pay more attention to numbers, such as the standard index of income inequality and the more comprehensive United Nations human development index for the various nations. It is pointless to write about redistributive policies unless we have some of idea of current wealth distribution. This is, in short a modern treatise of inherited concerns. (shrink)

En esta oportunidad, la filosofía de Mario Bunge nos seduce con la actitud de esos científicos que, poniendo las pruebas a la vista de todos, denuncian las falsificaciones y las supercherías con soltura intelectual y minuciosidad. Les advierto, en todo caso, que éste no es un texto de divulgación sino un ensayo filosófico. No obstante, aunque el marco conceptual es denso, uno recorre sus páginas con un creciente interés, como si este repertorio sistemático de ideas fuese una necesidad ineludible (...) frente al pensamiento débil y las triquiñuelas esotéricas. En el cuerpo de creencias que uno puede rebatir con las argumentaciones de Bunge figuran la parapsicología, el sociologismo, la psicología evolutiva, las ideologías fundamentalistas e incluso algunos postulados políticos y económicos. En el mágico país de las pseudociencias, donde no rige la retórica de la obviedad (sentido común, si lo prefieren) sino el ronroneo de lo posible, la voz del filósofo argentino suena con una especial intensidad. A lo largo del libro, las revelaciones son constantes. Vivimos en una época en la que casi todo vale, como quien dice. El menudeo posmoderno se manifiesta en demasiados ámbitos, conduciéndonos hacia un no man's land en el que los más rigurosos y críticos son los que tienen menos posibilidad de victoria. (shrink)

The purpose of this paper is to analyse the nature of bureaucratization within public research bodies and its relationship to scientific performance, focusing on an Italian case-study. The main finding is that the bureaucratization of the research sector has two dimensions: public research labs have academic bureaucratization since researchers spend an increasing part of their time in administrative matters (i.e., preparing grant applications, managing grants/projects, and so on); whereas universities mainly have administrative bureaucratization generated by the increase over time of (...) administrative staff in comparison with researchers and faculty. In addition, I show that research units with higher bureaucratization have lower scientific performance. (shrink)

ABSTRACT In Einstein’s physical geometry, the geometry of space and the uniformity of time are taken to be non-conventional. However, due to the stipulation of the isotropy of the one-way speed of light in the synchronization of clocks, as it stands, Einstein’s views do not seem to apply to the whole of the Minkowski space-time. In this work we will see how Einstein’s views can be applied to the Minkowski space-time. In this way, when adopting Einstein’s views, chronogeometry is a (...) physical chronogeometry. (shrink)

This paper assesses the novelty of NSMs - or better, of any social and political movement in contemporary Western societies - in the light of their capacity to develop systems of relationships which cut across established social and political cleavages. It illustrates first the relational bases of Rokkan's concept of cleavage, and its contribution to the understanding of social movements; it then shows how Simmel's concept of the intersection of social circles and his distinction between concentric and crosscutting circles may (...) be fruitfully applied to the analysis of political cleavages and their changing forms. In the conclusions, the elements of an approach to the study of the newness of social movements, based on the integration of Rokkan's and Simmel's principles, are introduced. (shrink)

Chez les scientifiques, la plupart des critiques sont constructives, alors qu’elles sont destructrices chez les humanistes. En effet, les scientifiques font circuler leurs brouillons entre collègues et étudiants, dans l’espoir de recueillir leurs commentaires et suggestions avant de soumettre leurs travaux à la publication. En revanche, les philosophes et les penseurs politiques attaquent leurs rivaux à coup d’arguments ad hominem et d’insultes. La raison de cette différence est que les scientifiques recherchent la vérité, alors que la plupart des humanistes se (...) battent pour des causes plus ou moins nobles, allant de la promotion de leur propre programme à la participation à des croisades pour ou contre la rationalité, le réalisme, la justice ou autre. (shrink)

Dans l’histoire et le débat autour de l’anthropologie philosophique allemande du XXe siècle, l’œuvre et le destin du médecin juif-allemand Paul Alsberg (1883-1965) constituent un véritable cas qui permit d’interroger la genèse et la validité de l’anthropologie philosophique même. En suivant Joachim Fischer, on entend ici par « Philosophische Anthropologie » une orientation de la pensée du XXe siècle, dont le fil rouge offre une réponse originale à la « destruction de l’idéalisme pendant le XI...

The present paper provides a comparative analysis of imperial and canonical legislation concerning the abduction of lay or consecrated women in the 4th century, when both legislations delineated the distinctive features of the abovementioned crimen. The imperial law showed both an extreme severity towards abductors and a leniency towards lay and consecrated women, who were considered innocent; however, women were not allowed to live together with their abductors. The canonical legislation also severely punished abductors and considered lay women innocent; however, (...) contrary to the provisions in the civil laws, the ecclesiastical legislation condemned consecrated women who consented to abduction. The paper aims to reconstruct the basic outline of both legislative systems and to identify a set of key features that might describe female submission to both the will of male members of the family and to the provisions in the canonical laws: indeed, the consent to abduction often represented an extreme attempt on the part of women to determine their own lives. (shrink)

In this essay both the facts/values and facticity/normativity divides are considered from the perspective of global semiotics and with specific regard to the relationships between legal meaning and spatial scope of law’s experience. Through an examination of the inner and genetic projective significance of categorization, I will analyze the semantic dynamics of the descriptive parts comprising legal sentences in order to show the intermingling of factual and axiological/teleological categorizations in the unfolding of legal experience. Subsequently, I will emphasize the translational (...) and enactive cognitive disposition underlying the construction of the second premise of the so-called judiciary syllogism and thereby the untenability of the idea that ‘law makes its facts.’ Hence, I will try to bring to the fore the cultural pre-assumptions encapsulated in the positivistic and therefore also formalistic or analytical approaches to legal experience and the loss of their inner consistency when legal experience confronts the phases and major changes of global semiotics. Finally, I will strive to relativize the opposition between the positivist and non-positivistic theories of law in view of an understanding of legal experience focused not only, or at least not primarily, on what ‘law is’ but also on ‘how’ it unwinds through, and _in spite of_, environmental and semantic transformations. (shrink)

The framework for this contribution is the transformation of the textual community, namely, modern society, into a digital community, in other words, a network society. This paper analyzes two theses. The first holds that the text, due to its genetic and historic nature, is always IMMUTABLE, STABLE, and never mobile. For this reason, the text represents the foundational element of a specific society, modern society. The second thesis is based on the assertion that within information and hypertext technologies two diverse (...) views confront and contrast each other. I locate these tendencies in the following key words: “dream” (Nelson) and “intellect” (Engelbart). Hypertext technology and culture represent the most transformative location and agency, they are the actors of the paradigm shift in which we are implicated. The hypertext revolution is based on the criticism of and attack against the material supports of writing and reading, as well as typographic technologies. Hypertext fights and wins this battle. However, hypertext technology is not able to reach the deep structure of alphabetic culture that is made not only of material support but also mental and bodily experience, consolidated and evolving, and of social relationships that are implied in the materiality of the support. La cornice di riferimento di questo contributo è la trasformazione della società testuale, cioè della società moderna, in società digitale, ovvero nella società dei network. Nell’intervento vengono analizzate due tesi: la prima afferma che il testo, per sua natura genetica e storica, è sempre IMMUTABILE, STABILE e non è mai mobile e per questo è fondativo di una società specifica, quella che noi chiamiamo la società moderna. La seconda tesi si basa sull’assunto che all’interno della cultura informatica e tecnologica che genera gli ipertesti si confrontano e si scontrano due idee diverse. Identifico queste due tendenze nelle parole chiave: dream (Nelson) e intellect (Engelbart). La tecnologia e la cultura ipertestuale sono il luogo e l’agente più fortemente trasformativi, gli attori del cambio di paradigma che ci coinvolge. La rivoluzione ipertestuale ha le sue basi nell’attacco e nella critica dei supporti materiali della scrittura e della lettura e sulle tecnologie tipografiche. L’ipertesto combatte e vince questa battaglia. La tecnologia ipertestuale non riesce però a raggiungere la struttura profonda della cultura alfabetica che è composta non solo da supporti ma da esperienze sia della mente sia del corpo, da relazioni sociali consolidate e mutanti che sono sottese e operanti con la materialità del supporto. (shrink)