This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the 'legal imagination'. Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout (...) the legal system. The collection probes 'the transatlantic constitution' and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. (shrink)

John Rawls’s political liberalism demands that reasonable citizens comply with the duty of civility, which limits the justification of state action to public reasons. However, many religious citizens in liberal democratic societies reject the exclusion of religious reasons from public debate. What can be done to encourage these citizens to endorse public reason? Rawls proposes the idea of reasoning from conjecture (RC), i.e. directly engaging with someone’s comprehensive doctrine and showing them that such a doctrine actually supports public reason. In (...) this article, we argue that reasoning from conjecture faces serious objections and that interfaith dialogue (ID) provides a better and more effective tool to encourage religious citizens to endorse public reason. More specifically, ID provides support to public reason by (i) relying on the principles of equality, sincerity and self-criticism, which are also central to public reason; (ii) leading participants to de-parochialize religion; and (iii) promoting tolerance. Moreover, ID avoids the main objections faced by RC, which undermine the latter’s morality and effectiveness. (shrink)

In this paper, we aim to complement and extend Cécile Laborde’s argument against the Swiss minaret ban, which emphasizes the exclusion of Muslim citizens from equal national belonging. We argue that if we take seriously the normativity that is embedded in the Swiss direct democratic context (Carens 2004), especially in its ability to determine the substance of national belonging, then the symbolic exclusion of Muslims from political belonging is more relevant than the former with regard to democratic justice. Section 1 (...) defines basic notions and presents some arguments that were circulated in Swiss public political debate during the referendum campaign. Section 2 will present extant arguments in normative political philosophy about the ban. Section 3 expands our argument, which can be summarized as follows: the double absence of recognition of Muslims as (i) equal autonomous subjects and (ii) as political agents calls into question the legitimacy of the direct democratic process that led to the ban, making it unjust by the standards implicit within democratic practices in Switzerland. (shrink)

I manoscritti dell'abate Galiani.--Catalogo sistematico dei manoscritti dell'abate Galiani.--Intorno al terzo dei Libri della Biccherna.--Due recensioni.--Groce, B. I manoscritti dell'abate Galiani.--Nicolini, B. Profilo di Fausto Nicolini archivista.

Although theoretical underpinnings of stakeholder dialog (SD) have been extensively discussed in the extant literature, there is a lack of empirical studies presenting evidence on the SD initiatives undertaken by firms. In this article, we provide information about 294 SD initiatives collected through a content analysis of the sustainability reports published by large firms in Germany, Italy, and the U. S. In addition to a country-based description of the different forms, stakeholder categories, and topics of the SD initiatives, we explore (...) the relationship between SD and characteristics of national business systems. Overall, we find firms undertake few SD initiatives, using low-involvement forms of dialog, and focusing on one category of stakeholders per initiative. Results suggest that the explicit approach to corporate social responsibility (CSR) favors the quantity of SD initiatives, but neglects the importance of the level of involvement and diversity of stakeholders participating at the dialog. Finally, we find public policies on CSR have a substantial influence on SD in national business systems with an implicit approach to CSR. Public policies based on a shared discussion involving multiple social actors encourage SD initiatives that use different forms of dialog and are characterized by high level of involvement. Our findings offer contributions to the ongoing debate about the effectiveness of SD and its relationship with CSR. (shrink)

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)

Name der Zeitschrift: Philologus Jahrgang: 160 Heft: 2 Seiten: 372-378.

Interfaces have partially replaced editors. They now administer and have industrialized the processes of content circulation. Web platforms mediatize cultural memory and one example of this is that of online audiovisual archives which are a paradigmatic case involving interfaces mediating our image of the past. Therefore, their role as an enunciative framework is clearly worthy of thought and study. We will thus use a semiotic approach based on the starting hypothesis that digital interfaces shape our belief systems through a discursive (...) framing of content to which they give access. By analyzing two case studies, we will argue that the transparency of interfaces appears to recall the notion of “mechanical objectivity” and thus refashion the reliability of the archives. However, a final counter-analysis of a document read in the framework of an on-site consultation invites us to reshape our considerations and enlarge the perspective from semiotic visual analysis to include the social processes linked to the publication of digital heritage. (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)

This Element presents and critically examines the relationship between metaphysics and the sciences. Section 1 provides a brief introduction. Section 2 looks at the methodological issues that arise when metaphysics and science get into contact, which is a much-debated aspect of the larger dispute concerning philosophical 'naturalism' and 'anti-naturalism'. A taxonomy of possible views is offered. Section 3 looks more specifically at milder forms of naturalism about metaphysics, which attempt in various ways to make it 'continuous' with science while preserving (...) some degree of autonomy for it. Section 4 adds some reflections on what might be regarded as the most pressing open problem when it comes to doing scientifically oriented metaphysics (but also when practising metaphysics or science in isolation): the problem concerning theory choice and the value of non-empirical factors in determining which explanation of certain phenomena should be preferred. (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)

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 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)

The specific regions in the brain that are active when some behaviour is observed is a kind of information that may be interesting for neuroscientists, but how could it be fruitful for economic theory? The thesis defended in the essay is that the brain matters to prediction. By using the Ultimatum Game as a benchmark, it is argued that if the goal of a model of human behaviour is to yield good predictions about important classes of choices, then models that (...) incorporate neurobiological variables may have some advantages over alternative models.The essay includes two parts. Part I first analyses the Ultimatum Game and illustrates some of its experimental results. Then, it evaluates in detail the merits and shortcomings of Cristina Bicchieri’s model based on social norms. It centres on the predictive power of the model, and articulates some challenges it faces. Part II begins with a review of some neurobiological findings which suggest a different approach to construct predictive models of human behaviour. Drawing upon these findings, it gives some reasons why the predictions of a neurobiologically‐informed model have some advantage over those of Bicchieri’s model. A critical discussion of the thesis against possible objections terminates the essay. The conclusion follows that one way in which the study of the neurobiological foundations of decision‐making might be fruitful for economic modelling is in enhancing the predictive quality of its models. (shrink)

Volume 20, Issue 10, October 2020, Page 94-96.

The article is divided into three sections and reconstructs Proust’s impact on Bataille’s philosophy. The first one shows how Bataille derives from Proust an atheism very much different from Nietzsche’s, but not less influential for his thought. The second part presents Bataille’s critique on Proust’s conception of Œuvre, in relation to his notion of teleology. The final part compares the episode of Mlle Vinteuil with the alleged personal experience of Proust at the brothel, providing and discussing Bataille’s reading. All sections (...) are held together by Bataille’s urge to desecrate the object he embraces. (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)

We study the EPR-type correlations from the perspective of the relational interpretation of quantum mechanics. We argue that these correlations do not entail any form of “non-locality”, when viewed in the context of this interpretation. The abandonment of strict Einstein realism implied by the relational stance permits to reconcile quantum mechanics, completeness, (operationally defined) separability, and locality.

The rise of Bayesianism in cognitive science promises to shape the debate between nativists and empiricists into more productive forms—or so have claimed several philosophers and cognitive scientists. The present paper explicates this claim, distinguishing different ways of understanding it. After clarifying what is at stake in the controversy between nativists and empiricists, and what is involved in current Bayesian cognitive science, the paper argues that Bayesianism offers not a vindication of either nativism or empiricism, but one way to talk (...) precisely and transparently about the kinds of mechanisms and representations underlying the acquisition of psychological traits without a commitment to an innate language of thought. (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)

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)

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.

This article offers a limited defense of metaphysical “infinitism,” the view that there are, or might be, infinite chains of ontological dependence. According to a widespread presupposition, there must be an ultimate ground of being—most likely, a plurality of fundamental atoms. Contrary to this view, this article shows that metaphysical infinitism is internally coherent. In particular, a parallel with the debate concerning infinitism about epistemic justification is suggested, and an “emergence model” of being is put forward. According to the emergence (...) model, the being of any given entity gradually arises out of an infinite series of progressively less dependent entities—it is not wholly transmitted, as it were, from a basic, ungrounded level to all the dependent ones in a step-by-step fashion. Some objections are considered and rebutted. (shrink)

This paper argues that contemporary analytic philosophy of music has characterized historically informed performance practice as compliance-focused, impersonal, and work-centered. The first part of the paper gathers evidence in support of this claim from the works of Julian Dodd, Peter Kivy, James O. Young, Aron Edidin, and Stephen Davies. In the second part of the paper, I reject this received view. Evidence from actual performance practice, as well as from the practitioners’ reflection on their activity, belies the received view outlined (...) in the first part of the paper. I conclude by drawing three methodological lessons from the oversights I attempt to rectify. (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)