Pursuant to the aims and scope of the Special Issue it is part of, this invited contribution seeks to shed new light on the nature and working logic of legal reasoning. It does so by engaging with two of the most authoritative views on the subject which have recently been put forward in the Common law world—namely, Lord Hoffmann’s, and Larry Alexander and Emily Sherwin’s. A key-concern of the Anglophone debate on legal reasoning is whether it is a specialistic type (...) of reasoning requiring ad hoc education and training, or ordinary reasoning subject to ordinary rules of language (i.e. sentence construction, interpretation, etc.). The article argues that compelling though they are, these sorts of enquiries do not help to understand what legal reasoning really is and how it operates. In particular, it argues that if we are to understand what legal reasoning is and how it works, we ought to examine the propositions it aims to craft and support. In so arguing, the article further shows that exploring law’s nature and operations as an intellectual means for social ordering also helps to understand how law works as a regulatory phenomenon more generally. (shrink)

El artículo recorre la obra de Rodolfo Kusch posicionando sus principales propuestas en la construcción de tres enfoques convergentes en su filosofía. El primer enfoque está relacionado con la fenomenología y la cultura. El segundo enfoque se refiere a la influencia de la antropología y el cuestionamiento por el símbolo. El tercer enfoque despliega una aproximación filosófico-política. Estos enfoques permiten introducir tres “horizontes de pregunta” principalmente relacionados con el método, con lo popular y con lo indígena, que son expuestos como (...) asuntos centrales en toda su obra. Estos “horizontes de pregunta” buscan comprender los alcances de la filosofía de Kusch y su contribución al pensamiento filosófico americano. This paper analyses the work of Rodolfo Kusch remarking his main philosophical proposals through three correlated perspectives. The first perspective refers to phenomenology and culture. The second focuses on the influence of anthropology and the problem of symbols. The third posits a political-philosophical approximation. These perspectives operate interdependently as the background for Kusch’s philosophy and allow us to introduce three “questioning horizons” related to the method, the popular and the indigenous as the central issues of his philosophical work. Thus, these “questioning horizons” build a platform to understand Kusch’s philosophy and his contribution to the Latin American philosophy. (shrink)

L'opera di Primo Levi presenta un caso straordinariamente ricco e in qualche modo enigmatico di intertestualità. Con questo volume si è cercato di tracciare i lineamenti di una mappa immaginaria, uno schema degli innesti, intertesti e trapianti che collegano l'opera leviana ai libri altrui.

In this paper, we develop an organizational account that defines biological functions as causal relations subject to closure in living systems, interpreted as the most typical example of organizationally closed and differentiated self-maintaining systems. We argue that this account adequately grounds the teleological and normative dimensions of functions in the current organization of a system, insofar as it provides an explanation for the existence of the function bearer and, at the same time, identifies in a non-arbitrary way the norms that (...) functions are supposed to obey. Accordingly, we suggest that the organizational account combines the etiological and dispositional perspectives in an integrated theoretical framework. IntroductionDispositional ApproachesEtiological TheoriesBiological Self-maintenance Closure, teleology, and normativityOrganizational differentiationFunctions C1: Contributing to the maintenance of the organization C2: Producing the functional trait Implications and Objections Functional versus useful Dysfunctions, side effects, and accidental contributionsProper functions and selected effectsReproductionRelation with other ‘unitarian’ approachesConclusions. (shrink)

According to the received view of evolution, only genes are inherited. From this view it follows that only genetically-caused phenotypic variation is selectable and, thereby, that all selection is at bottom genetic selection. This paper argues that the received view is wrong. In many species, there are intergenerationally-stable phenotypic differences due to environmental differences. Natural selection can act on these nongenetically-caused phenotypic differences in the same way it acts on genetically-caused phenotypic differences. Some selection is at bottom nongenetic selection. The (...) argument against the received view involves a reformulation of the concepts of inheritance and heritability. Inherited factors are all those developmental factors responsible for parent–offspring similarity; some inherited factors are genetic and some are not. Heritable variation is intergenerationally-stable phenotypic variation; some such variation is genetically-caused and some is not. The received view and its critics The possibility of nongenetic selection (the lucky butterfly) The reality of nongenetic selection 3.1 Imprinting mechanisms 3.2 Other learning mechanisms 3.3 Other nongenetic mechanisms Genetic and nongenetic inheritance mechanisms Genetic and nongenetic inherited factors Genetic and nongenetic heritability Conclusions + Current address: Dr Matteo Mameli, Research Fellow, King's College, Cambridge, CB2 1ST, United Kingdom, matteo.mameli{at}kings.cam.ac.uk' + u + '@' + d + ''//-->. (shrink)

This paper identifies brand age as an important factor in consumers’ brand evaluations following unethical firm behavior. In two experiments, we assess the effect of brand age on three types of brand evaluations: perceived quality, brand credibility, and behavioral intentions following a brand crisis. The findings suggest that disclosing an older brand’s age can not only improve consumers’ brand evaluations in general, but can also provide a buffering effect when the firm is involved in unethical behavior. Moreover, the relationship between (...) brand age and consumers’ post-crisis intentions is mediated by perceived brand credibility. By exploring consumers’ attitudes following the most common firm response strategies, this research also identifies a boundary condition of the mitigating effect of brand age. Several significant implications for practitioners are discussed. (shrink)

The paper investigates the ethics of information transparency (henceforth transparency). It argues that transparency is not an ethical principle in itself but a pro-ethical condition for enabling or impairing other ethical practices or principles. A new definition of transparency is offered in order to take into account the dynamics of information production and the differences between data and information. It is then argued that the proposed definition provides a better understanding of what sort of information should be disclosed and what (...) sort of information should be used in order to implement and make effective the ethical practices and principles to which an organisation is committed. The concepts of “heterogeneous organisation” and “autonomous computational artefact” are further defined in order to clarify the ethical implications of the technology used in implementing information transparency. It is argued that explicit ethical designs, which describe how ethical principles are embedded into the practice of software design, would represent valuable information that could be disclosed by organisations in order to support their ethical standing. (shrink)

Teller argued that violations of Bell’s inequalities are to be explained by interpreting quantum entangled systems according to ‘relational holism’, that is, by postulating that they exhibit irreducible (‘inherent’) relations. Teller also suggested a possible application of this idea to quantum statistics. However, the basic proposal was not explained in detail nor has the additional idea about statistics been articulated in further work. In this article, I reconsider relational holism, amending it and spelling it out as appears necessary for a (...) proper assessment, and application, of the position. †To contact the author, please write to: FB Philosophie‐Zukunftskolleg, University of Konstanz, Universitätstraße 10, 78464, Konstanz, Germany; e‐mail: matteo.morganti@uni ‐konstanz.de. (shrink)

This paper puts forward the hypothesis that the distinctive features of quantum statistics are exclusively determined by the nature of the properties it describes. In particular, all statistically relevant properties of identical quantum particles in many-particle systems are conjectured to be irreducible, ‘inherent’ properties only belonging to the whole system. This allows one to explain quantum statistics without endorsing the ‘Received View’ that particles are non-individuals, or postulating that quantum systems obey peculiar probability distributions, or assuming that there are primitive (...) restrictions on the range of states accessible to such systems. With this, the need for an unambiguously metaphysical explanation of certain physical facts is acknowledged and satisfied. (shrink)

In recent work, the interrelated questions of whether there is a fundamental level to reality, whether ontological dependence must have an ultimate ground, and whether the monist thesis should be endorsed that the whole universe is ontologically prior to its parts have been explored with renewed interest. Jonathan Schaffer has provided arguments in favour of 'priority monism' in a series of articles (2003, 2004, 2007a, 2007b, forthcoming). In this paper, these arguments are analysed, and it is claimed that they are (...) not compelling: in particular, the possibility that there is no ultimate level of basic entities that compose everything else is on a par with the possibility of infinite 'upward' complexity. The idea that we must, at any rate, postulate an ontologically fundamental level for methodological reasons ( Cameron 2008 ) is also discussed and found unconvincing: all things considered, there may be good reasons for endorsing 'metaphysical infinitism'. In any event, a higher degree of caution in formulating metaphysical claims than found in the extant literature appears advisable. (shrink)

The concept of innateness is a part of folk wisdom but is also used by biologists and cognitive scientists. This concept has a legitimate role to play in science only if the colloquial usage relates to a coherent body of evidence. We examine many different candidates for the post of scientific successor of the folk concept of innateness. We argue that none of these candidates is entirely satisfactory. Some of the candidates are more interesting and useful than others, but the (...) interesting candidates are not equivalent to each other and the empirical and evidential relations between them are far from clear. Researchers have treated the various scientific notions that capture some aspect of the folk concept of innateness as equivalent to each other or at least as tracking properties that are strongly correlated with each other. But whether these correlations exist is an empirical issue. This empirical issue has not been thoroughly investigated because in the attempt to create a bridge between the folk view and their theories, researchers have often assumed that the properties must somehow cluster. Rather than making further attempts to import the folk concept of innateness into the sciences, efforts should now be made to focus on the empirical questions raised by the debates and pave the way to a better way of studying the development of living organisms. Such empirical questions must be answered before it can be decided whether a good scientific successor – in the form of a concept that refers to a collection of biologically significant properties that tend to co-occur – can be identified or whether the concept of innateness deserves no place in science. (shrink)

I present and apply some powerful tools for studying human evolution and the impact of cultural resources on it. The tools in question are a theory of niche construction and a theory about the evolutionary significance of extragenetic (and, in particular, of psychological and social) inheritance. These tools are used to show how culturally transmitted resources can be recruited by development and become generatively entrenched. The case study is constituted by those culturally transmitted items that social psychologists call ‘expectancies’. Expectancy (...) effects are mindshaping effects of our mindreading dispositions. I show how expectancies may have been recruited by important human developmental processes (like those involved in language acquisition and those responsible for gender differences) and how they may have become entrenched. If the hypothesis is correct, the relation between mindreading and human evolution is more intricate than usually thought. (shrink)

Since the discovery of the double helical structure of DNA, the standard account of the inheritance of features has been in terms of DNA-copying and DNA-transmission. This theory is just a version of the old theory according to which the inheritance of features is explained by the transfer at conception of some developmentally privileged material from parents to offspring. This paper does the following things: (1) it explains what the inheritance of features is; (2) it explains how the DNA-centric theory (...) emerged; (3) it clarifies the relation between the DNA-centric theory and the ‘unfolding’ theory of development; (4) it argues that (given what we now know about developmental processes and genetic activity) the DNA-centric theory should be abandoned in favour of a pluralistic (but not holistic) theory of the inheritance of features. According to this pluralistic theory, the reliable reoccurrence of phenotypes must be explained by appealing not only to processes responsible for the reliable reoccurrence of genetic developmental factors but also to processes responsible for the reliable reoccurrence (or persistence) of nongenetic developmental factors. (shrink)

This paper argues that biological organisation can be legitimately conceived of as an intrinsically teleological causal regime. The core of the argument consists in establishing a connection between organisation and teleology through the concept of self-determination: biological organisation determines itself in the sense that the effects of its activity contribute to determine its own conditions of existence. We suggest that not any kind of circular regime realises self-determination, which should be specifically understood as self-constraint: in biological systems, in particular, self-constraint (...) takes the form of closure, i.e. a network of mutually dependent constitutive constraints. We then explore the occurrence of intrinsic teleology in the biological domain and beyond. On the one hand, the organisational account might possibly concede that supra-organismal biological systems could realise closure, and hence be teleological. On the other hand, the realisation of closure beyond the biological realm appears to be highly unlikely. In turn, the occurrence of simpler forms of self-determination remains a controversial issue, in particular with respect to the case of self-organising dissipative systems. (shrink)

The free-energy principle states that all systems that minimize their free energy resist a tendency to physical disintegration. Originally proposed to account for perception, learning, and action, the free-energy principle has been applied to the evolution, development, morphology, anatomy and function of the brain, and has been called a postulate, an unfalsifiable principle, a natural law, and an imperative. While it might afford a theoretical foundation for understanding the relationship between environment, life, and mind, its epistemic status is unclear. Also (...) unclear is how the free-energy principle relates to prominent theoretical approaches to life science phenomena, such as organicism and mechanism. This paper clarifies both issues, and identifies limits and prospects for the free-energy principle as a first principle in the life sciences. (shrink)

In Love’s Knowledge, Martha Nussbaum defends the claim that literary works are essential to moral philosophy through her account of perceptive equilibrium. Perceptive equilibrium provides for Nussbaum a maximally inclusive conception of ethical inquiry, likely to be endorsed by philosophers of diverse orientations. Since perceptive equilibrium implies an acknowledgement of the significance of novels for moral thinking, those who are prepared to endorse perceptive equilibrium are also committed to accept Nussbaum’s claim about the significance of novels. I argue that perceptive (...) equilibrium, Nussbaum’s claims of inclusiveness notwithstanding, systematically rules out a certain register of moral concerns, which takes pride of place in Stanley Cavell’s writings on Perfectionism. The omission of Perfectionism is important not only because it provides a counterexample to Nussbaum’s claim of inclusiveness, but also because one of the burdens of Cavell’s work on Perfectionism is to provide an account of the ethical significance of style. For this reason, the exclusion of Perfectionism goes against the deeper motivations of Nussbaum’s argument: Nussbaum, in outlining a method with the explicit aim of arguing for the moral significance of style, is supporting a picture of moral thinking which makes a specific dimension of this significance unaccountable. (shrink)

Recent trends in empirical social psychology showed that situational factors affect human behaviour more than character traits do. Relying on these data, some philosophers argued that moral philosophy should abandon the Aristotelian concept of character or ground virtue ethics on narrow socially sustained character traits. This paper argues that these criticisms are unsound because they misconstrue Aristotelian virtue ethics and the role of character traits in moral reasoning.

In order to memorize sentences we use both processes of language comprehension during encoding and processes of language production during maintenance. While the former processes are easily testable via controlled presentation of the input, the latter are more difficult to assess directly as language production is typically initiated and controlled internally. In the present event-related potential (ERP) study we track subvocal rehearsal of sentences, with the goal of studying the concomitant planning processes with the help of a silent cued-production task. (...) Native German participants read different types of sentences word-by-word, then were prompted by a visual cue to silently repeat each individual word, in a rehearsal phase. In order to assess both local and global effects of sentence planning, we presented correct sentences, syntactically or semantically violated sentences, or random word order sequences. Semantic violations during reading elicited an N400 effect at the noun violating the selectional restrictions of the preceding verb. Syntactic violations, induced by a gender incongruency between determiner and noun, led to a P600 effect at the same position. Different ERP patterns occurred during the silent production phase. Here, semantically violated sentences elicited an early fronto-central negativity at the verb, while syntactically violated sentences elicited a late right-frontal positivity at the determiner. Random word order was accompanied by long-lasting slow waves during the production phase. The findings are consistent with models of hierarchical sentence planning and further indicate that the ongoing working memory processes are qualitatively distinct from comprehension mechanisms and neurophysiologically specific for syntactic and lexical-semantic level planning. In conclusion, active working memory maintenance of sentences is likely to comprise specific stages of sentence production that are indicated by ERP correlates of syntactic and semantic planning at the phrasal and clausal level respectively. (shrink)

RESUMO A tradução árabe de alguns trechos do tratado de metafísica "Elementatio Theologiae" de Proclo, conhecida com o nome de "Liber de Causis" e atribuída erroneamente a Aristóteles, influenciou três grandes pensadores dominicanos da Idade Média: Alberto Magno, Tomás de Aquino e Meister Eckhart. Composto de 31 proposições, defende a tese da existência de uma causa primeira que dá o ser a tudo o que existe, sem nenhuma exceção. Os estudiosos são unânimes em reconhecer que este livro pseudoepigráfico possui um (...) peso relevante nos momentos centrais da obra eckhartiana, tanto latina quanto alemã. Em particular, o turíngio lança mão da auctoritas do "Liber de Causis" para sustentar a imanência-transcendência simultânea da causa primeira com relação às criaturas, a doutrina da hierarquia dos entes, a concepção do ser como ratio prima da criaturalidade, a inefabilidade de Deus. Além desses aspectos ontológicos, este trabalho apresenta também o aspecto especificamente antropológico do esvaziamento de toda criatura como conditio sine qua non para a união com o único Uno, um traço inconfundível da presença do "Liber de Causis" na obra de Meister Eckhart. ABSTRACT The Arabic translation of some stretches of the treatise on metaphysics "Elementatio Theologiae" of Proclus, known under the name "Liber de Causis" and wrongfully attributed to Aristotle, influenced three great Middle Age Dominican thinkers: Albertus Magnus, Thomas Aquinas and Meister Eckhart. Composed by thirty-one propositions, it advocates on the thesis of existence of a root cause that gives the being all things existing, with no exception. Scholars are unanimous in acknowledging that this pseudoepigraphic book has a relevant weight in the central topics of the Eckhartean works, on both the Latin and the German ones. Particularly, the Thuringian scholar makes use of the "Liber de Causis’s" auctoritas to hold that the simultaneous immanence-transcendence of the root cause regarding the creatures, the doctrine of the hierarchy of beings, the conception of the being as a ratio prima of creatureness, God’s ineffability. Besides those ontological aspects, the present work also presents the specifically anthropologic aspect of the emptying of all beings as conditio sine qua non for the union with the One Being, an unmistakable trait of the presence of Liber de Causis in Meister Eckhart’s work. (shrink)

La critique de la philosophie de William James qu’Émile Durkheim développe dans Pragmatisme et sociologie est examinée selon deux aspects : 1) le désaccord entre James et Durkheim sur le problème des concepts et de la conceptualisation ; 2) l’échec presque total de Durkheim à considérer le thème le plus proprement sociologique du travail de James : sa théorie de l’ habit (ou habitude). Dans les deux cas, référence est faite au rôle joué (et parfois non joué) dans la critique (...) de Durkheim par les Principles of Psychology. Malgré l’influence du contexte historique et les malentendus qui en découlent, la réception du pragmatisme par Durkheim touche ainsi parfois des nerfs sensibles de la philosophie et de la psychologie de James. (shrink)

The present paper argues that the typical structuralist claims according to which invariances, symmetries and the like are fundamental – especially in physics – should not be understood in terms of physical relations being fundamental. Rather, they should be understood in terms of ‘metaphysical coherentism’ - the idea that object-like parts of reality exhibit symmetric relations of ontological dependence. The view is developed in some detail, in particular by showing that i) symmetric ontological dependence does not necessarily lead to uninformative (...) metaphysical explanations, and ii) metaphysical coherentism strikes the best balance between the requirements of naturalism and those of theoretical consistency – especially in view of the difficulties that structuralists seem to have in accounting for all state-independent properties of particles in relational terms. On this basis, the coherentist picture is applied to the interpretation of the quantum domain, and contrasted with extant varieties of structuralism, of both the eliminative and the non-eliminative sort, and holism. (shrink)

Some enlightenment regarding the project to mechanise reason. The assembly line of machine learning: data, algorithm, model. The training dataset: the social origins of machine intelligence. The history of AI as the automation of perception. The learning algorithm: compressing the world into a statistical model. All models are wrong, but some are useful. World to vector: the society of classification and prediction bots. Faults of a statistical instrument: the undetection of the new. Adversarial intelligence vs. statistical intelligence: labour in the (...) age of AI. (shrink)

Some naturalistic philosophers of mind subscribing to the predictive processing theory of mind have adopted a realist attitude towards the results of Bayesian cognitive science. In this paper, we argue that this realist attitude is unwarranted. The Bayesian research program in cognitive science does not possess special epistemic virtues over alternative approaches for explaining mental phenomena involving uncertainty. In particular, the Bayesian approach is not simpler, more unifying, or more rational than alternatives. It is also contentious that the Bayesian approach (...) is overall better supported by the empirical evidence. So, to develop philosophical theories of mind on the basis of a realist interpretation of results from Bayesian cognitive science is unwarranted. Naturalistic philosophers of mind should instead adopt an anti-realist attitude towards these results and remain agnostic as to whether Bayesian models are true. For continuing on with an exclusive focus and praise of Bayes within debates about the predictive processing theory will impede progress in philosophical understanding of scientific practice in computational cognitive science as well as of the architecture of the mind. (shrink)

The present paper discusses different approaches to metaphysics and defends a specific, non-deflationary approach that nevertheless qualifies as scientifically-grounded and, consequently, as acceptable from the naturalistic viewpoint. By critically assessing some recent work on science and metaphysics, we argue that such a sophisticated form of naturalism, which preserves the autonomy of metaphysics as an a priori enterprise yet pays due attention to the indications coming from our best science, is not only workable but recommended.

The single day conference “Ontology, Mind and Free Will. A Workshop in Memory of E.J. Lowe (1950-2014)” took place at the Department of Humanities of the University of Macerata on March, 3 rd 2014. It included as speakers Sophie Gibb (Durham University), Mario De Caro (Roma Tre University) and Michele Paolini Paoletti (University of Macerata). This event was thought by the organizers in order to honor the British philosopher Ethan Jonathan Lowe, who suddenly passed away last January with infinite regret (...) of the scientific community. The discussion of some of his major research topics, such as mental causation, free will and essence, was therefore meant as the right homage to one of the most influential philosophers who animated and deepened the debate of the last thirty years. Regarding the singular reviews of this report, Matteo Grasso took care of Sophie Gibb’s and Mario De Caro’s talks, while Mattia Sorgon reviewed Michele Paolini Paoletti’s. (shrink)

In the last decade, structural realism has been presented as the most promising strategy for developing a defensible realist view of science. Nevertheless, controversy still continues in relation to the exact meaning of the proposed structuralism. The stronger version of structural realism, the so-called ontic structural realism, has been argued for on the basis of some ideas related to quantum mechanics. In this paper, I will first outline these arguments, mainly developed by Steven French and James Ladyman, then challenge them, (...) putting a particular emphasis on a metaphysical principle which, even though it is crucial for the whole argument, hasn't been, in my opinion, clearly stated and examined yet. My overall view will be that a weaker version of the form of realism we are considering is more plausible – namely, epistemic structural realism. (shrink)

Th is paper looks at quantum theory and the Standard Model of elementary particles with a view to suggesting a detailed empirical implementation of trope ontology in harmony with our best physics.

A growing public awareness of the potential negative impacts of corporate activities on the natural environment and society compels large companies to invest increasing resources in the communication of their responsible conduct. This article employs Appraisal theory in a comparative analysis of BP’s and IKEA’s 2009 social reports, each company’s record of their non-financial performance. The main objective is to explore how, through Appraisal resources, BP and IKEA construct their corporate identity and relationship with their stakeholders. The analysis reveals two (...) markedly different approaches to the construction of a responsible corporate identity. While BP deploys interpersonal resources to portray itself as a trustworthy and authoritative expert, IKEA discloses itself as a sensitive and caring corporation, engaged in a continual effort to improve. These differences are interpreted in light of the legitimization challenges the two companies face. (shrink)

Religiously offensive speech, i.e. speech that offends members of religious groups, especially religious minorities, is on the rise in western liberal democracies, particularly following the recent wave of right-wing populism in the UK, the US and beyond. But when is such speech wrongful? This paper argues that the wrongfulness of some religiously offensive speech does not depend on some intrinsic feature of it, or on the subjective reaction of its targets. Instead, such wrongfulness depends on the fact that religiously offensive (...) speech normally takes place against the background of enduring social injustices suffered by certain minorities, for example religious discrimination. In that context, we argue, religiously offensive speech is wrongful when it disables its victims from maintaining an adequately respectful relationship to themselves, and sets back their freedom through domination. Recognizing the wrongfulness of some religiously offensive speech, however, need not entail endorsing its legal regulation all things considered. The paper therefore illustrates different available forms of intervention, ranging from civil law action to state support for the victims of such speech and long-term programmes of citizenship education. (shrink)

This article offers a new interpretation of the Athenian institution of ostracism and explores its significance for our understanding of democratic politics. A popular scholarly trend interprets ostracism as an instrument for pursuing conflict among aristocratic politicians, in accordance with a view of Athenian democracy as dominated by a restricted elite competing for power and prestige. This article aims to reassess this picture by investigating ostracism in the light of recent studies of honour, which have stressed honour's potential for balancing (...) competition and cooperation within communities. By using the ostracism of Themistocles as a case study, it argues that ostracism was a manifestation of an institutionalized concern for honour in Athenian democracy. On the one hand, ostracism could punish politically active citizens who, in excessively enhancing their own honour, failed to respect democratic equality. On the other, it could be employed for tackling shameful behaviour which placed the agent below the community's standards of honour. The article then sets ostracism against Athens’ broader institutional framework and argues that Athenian democracy was not so much concerned with policing intra-elite conflict as much as it was designed to foster a balance between competitive and cooperative values and ensure broad participation in the political domain. (shrink)