This paper analyses the intertwinement of legal philosophy and political theory in the British intellectual framework between the late 19th and early 20th centuries, with specific regard to Harold Laski's works. I will try to illustrate the transition from 19th-century utilitarianism to H. L. A. Hart and Isaiah Berlin as evolving through important debates which include Laski's contribution. I will argue that a discussion of “juridical” obligation, i.e., the conditions of legal validity, may lie implicitly in these concerns that Laski (...) and other early 20th-century British authors had about “political” obligation—viz., about the nature of the state and its claim to obedience. By approaching Laski's theories and their genealogy through a legal-philosophical perspective, I will contend that this debate about political obligation anticipates to a considerable extent some of the most renowned conceptions of obligation in 20th-century British legal theory. (shrink)

This article examines various models of legal interpretation and their implications for comparative law, drawing inspiration from Rodolfo Sacco’s early career theories. It contrasts the Tarskian Correspondence Model, which seeks objective reality in legal texts, with the Symphonic Model, which interprets legal language as a harmonious interplay of elements. The Tarskian model reflects classical legal thought’s search for fixed meanings, while the Symphonic model aligns with contemporary legal practice’s nuanced understanding. Further, the article explores Heraclitean Realism, acknowledging the fluidity of (...) language and meaning, and the Provocative Tapestry Model, which introduces paradox and tension in legal interpretation. These models are likened to narrative genres, offering varied approaches to understanding legal discourse: the Tarskian model as a detective novel, the Symphonic model as a comedy, the Living Tapestry model as a melodrama, and the Provocative Tapestry model as a tragedy. The article argues that these models of legal interpretation do not inherently carry a political essence; the political stance emerges from the choices of interpreters. It emphasizes the need for human agency in the application of legal norms and the responsibility of legal professionals to actively engage in the interpretation process. Comparative law is discussed as a discipline that benefits from understanding these diverse interpretative models, as it seeks to analyze legal systems across jurisdictions. The article concludes that while narrative styles in legal interpretation have political histories, they are not bound to specific ideologies, highlighting the versatility and subjectivity in the field of legal interpretation. (shrink)

Siamo ormai lontani dalla stagione in cui la forza propulsiva della “svolta linguistica” si impose come tendenza dominante nel dibattito filosofico. Da varie angolazioni si è potuto parlare negli ultimi anni di pictorial turn come antidoto all’egemonia del paradigma linguistico in filosofia. Il volume Verità, Immagine, Normatività. Truth, Image, and Normativity non si inserisce direttamente in questa nuova tendenza, ma ruota comunque intorno a questioni che derivano dal medesimo sfondo. I 24 saggi qui raccolti tengono conto dei diversi ruoli che (...) le immagini possono svolgere, a seconda che si focalizzi la loro dimensione descrittiva o normativa, e indagano alcuni aspetti del rapporto tra immagine e linguaggio. Questi problemi di filosofia dell’immagine, intesa sia come immagine cognitiva sia come immagine grafica, costituiscono il fil rouge di questo volume. Una tale riflessione sui linguaggi figurati e sulla comunicazione visiva non-linguistica costringe a riformulare in termini nuovi le grandi domande concernenti le tradizionali nozioni di verità, oggettività, normatività, consenso e persuasione. (shrink)

Siamo ormai lontani dalla stagione in cui la forza propulsiva della “svolta linguistica” si impose come tendenza dominante nel dibattito filosofico. Da varie angolazioni si è potuto parlare negli ultimi anni di pictorial turn come antidoto all’egemonia del paradigma linguistico in filosofia. Il volume Verità, Immagine, Normatività. Truth, Image, and Normativity non si inserisce direttamente in questa nuova tendenza, ma ruota comunque intorno a questioni che derivano dal medesimo sfondo. I 24 saggi qui raccolti tengono conto dei diversi ruoli che (...) le immagini possono svolgere, a seconda che si focalizzi la loro dimensione descrittiva o normativa, e indagano alcuni aspetti del rapporto tra immagine e linguaggio. Questi problemi di filosofia dell’immagine, intesa sia come immagine cognitiva sia come immagine grafica, costituiscono il fil rouge di questo volume. Una tale riflessione sui linguaggi figurati e sulla comunicazione visiva non-linguistica costringe a riformulare in termini nuovi le grandi domande concernenti le tradizionali nozioni di verità, oggettività, normatività, consenso e persuasione. (shrink)

Traditional Informed Consent is becoming increasingly inadequate, especially in the context of research biobanks. How much information is needed by patients for their consent to be truly informed? How does the quality of the information they receive match up to the quality of the information they ought to receive? How can information be conveyed fairly about future, non-predictable lines of research? To circumvent these difficulties, some scholars have proposed that current consent guidelines should be reassessed, with trust being used as (...) a guiding principle instead of information. Here, we analyse one of these proposals, based on a Participation Pact, which is already being offered to patients at the Istituto Europeo di Oncologia, a comprehensive cancer hospital in Milan, Italy. (shrink)

This contribution proposes to reflect on a different way of considering the link be-tween temporality and nature, between aiôn and physis, in dialogue with the words and works of the Italian sculptor Giuseppe Penone. The basic idea is the following: we will not be able to essentially determine our cognitive and experien-tial relationship with nature, until we are able to know, experience and represent the time inscribed in being itself. The philosophical tradition has developed its conception of temporality mainly (...) along two lines: a “cosmic” line, of a physical, objective temporality, and a “phenomenological” one, of a temporality as an in-ternal articulation of human consciousness. Through the archaeological and conceptual excavation carried out by Penone, we will ask ourselves what it does mean to take care of the “subjective time of things”. (shrink)

A collection of essays dedicated to Pier Luigi Lecis' retirement. Contributors include: Mariano Bianca, Silvana Borutti, Vinicio Busacchi, Massimo Dell'Utri, Rosaria Egidi, Roberta Lanfredini, Giuseppe Lorini, Diego Marconi, Francesco Orilia, Paolo Parrini, Alberto Peruzzi, Simonluca Pinna, Pietro Salis, Paolo Spinicci.

Dominus Mundi: Political Sublime and the World Order by Pier Giuseppe Monateri is fuelled by the observation that after the pluralist nation states-based Westphalian world order, we are now witness...

Contextual type theories are largely explored in their applications to programming languages, but less investigated for knowledge representation purposes. The combination of a constructive language with a modal extension of contexts appears crucial to explore the attractive idea of a type-theoretical calculus of provability from refutable assumptions for non-monotonic reasoning. This paper introduces such a language: the modal operators are meant to internalize two different modes of correctness, respectively with necessity as the standard notion of constructive verification and possibility as (...) provability up to refutation of contextual conditions. (shrink)

What is 'rebirth' in Buddhism? The contribution of hypnotic regression.

A crucial step in economic development is the depersonalization of business, which enables an enterprise to operate as a separate entity from its owners and managers. Until the emergence of a de iure depersonalization of business in the 19th century, business activities were eminently personal, with managing partners bearing unlimited liability. Roman law even restricted agency. Yet, the Roman legal system developed a form of de facto depersonalized business entity, where depersonalization was achieved by making the fulcrum of the business (...) a non-person: the slave. Although radically different from a legal perspective, this format exhibited all the distinctive features of modern corporations, thereby providing for a functional equivalent of the modern corporate form. The development of the de iure format was hindered by strong cultural, technological and institutional constraints. In contrast, slave-run businesses exhibited features that were largely compatible with these constraints and emerged along the path of least resistance to legal change. The end of slavery and the fall of the Roman Empire closed off this alternative path of legal evolution; consequently, the modern corporate form could only appear once these constraints had been overcome. (shrink)

We analyze the results from three different risk attitude elicitation methods. First, the broadly used test by Holt and Laury, HL, second, the lottery-panel task by Sabater-Grande and Georgantzis, SG, and third, responses to a survey question on self-assessment of general attitude towards risk. The first and the second task are implemented with real monetary incentives, while the third concerns all domains in life in general. Like in previous studies, the correlation of decisions across tasks is low and usually statistically (...) non-significant. However, when we consider only subjects whose behavior across the panels of the SG task is compatible with constant relative risk aversion, the correlation between HL and self-assessed risk attitude becomes significant. Furthermore, the correlation between HL and SG also increases for CRRA-compatible subjects, although it remains statistically non-significant. (shrink)

Este estudio analiza el problema de la relación entre metafísica e historia en la filosofía viquiana, y cómo ésta es capaz de reconducir el certum al verum. Plantea el autor cómo Vico mantiene unidos los modelos racionales, posibilitando un universalismo ético que permite conjugar la normatividad del juicio universal y la diferencia histórico-cultural de lo individual.PALABRAS CLAVE: Vico, ética, universalismo ético, identidad, diferencia, historicidad.The problematic relationship between metaphysics and history in Vichian philosophy is here analysed –and the way it transforms (...) certum into verum. The author considers Vico’s attempts to keep rational models together, allowing the appearance of an ethical universalism that combines universal judgment normativity and historical-cultural difference of the individual.Keywords: Vico, ethics, ethical universalism, identity, difference, historicity. (shrink)

The Sociology of religion, like other sciences, has the objective of pursuing and finding the truth of the phenomenon it studies, not so much in reference to the reality of the noumenon but rather in the veracity of the relative psycho-sociological mediations, as direct object of its approach. Thus it contributes to the complete and concrete knowledge of its own contents and of those, it shares with other sciences . Such perspective is tested by its history and proved by the (...) epistemological precedences, but also by the present applications. For this reason, the sociology of religion demands a rigorous application: from the operazionality of the concepts, to the characterization of the dimensions, till the structural, dynamic and relational features of its own content. It finds therefore the effectiveness of its method: by getting the 'constants' and 'regularities' of the manifestations of the 'religious phenomenon', evidencing the objectivity as predicate of truth of the mediations and by putting into effect the perspective of validation or of the falsification of its results. (shrink)

The purpose of this study is not so much to show the presence of Antisthenes in the dialogue, but rather to examine that to which Plato alludes. The controversy over ideas between the two Socratics is histori­cally very well-attested, as can already be seen in the Cratylus. Thus, it is reasonable to assume that this controversy must have affected Plato when he was writing the Phaedo: a dialogue in which the importance of ideas and his new logic is undeniable. Hence, (...) this paper will investigate the following question: what impact could Antisthenes’ denominative and definitory logic have on the equally denominative and definitory logic presented in the Phaedo, given that the latter work in all prob­ability preceded the Sathōn? In light of what is said in the dialogue, the answer focuses primarily on what would not be said. Thus, this study is divided into two parts: Part one shows how the so-called “second navigation” emerges as an objection to the insufficiency of the responses given by the physiologists. Tellingly, certain “common opinions” are regarded as perplexing and individuals holding them are referred to with the indeterminate tis, which – as is argued – must have included Antisthenes. Indeed, Tht. 108c7–8 reports the latter to have made common opinions a cornerstone of his denominative logic. Part two, on the other hand, is devoted to examining the so-called “final argument.” Here, Antisthenes’ presence seems somewhat more nuanced, given his incomplete knowledge of the new logic of irreversible opposites which was worked out by Plato for the purpose of demonstrating the immor­tality and indestructibility of the soul. On the other hand, Antisthenes is likely to have prompted Plato to specify the relationship between ideas and things in the definitory logic, since the proponent of the theory of oikeios logos refused to distinguish between the substance and its attrib­utes, the differences and their opposites, and the opposites of opposites. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Message to Buddhists for the Feast of Vesakh 2007:Christians and Buddhists: Educating Communities to Live in Harmony and PeacePaul Cardinal Poupard, President and Archbishop Pier Luigi Celata, SecretaryDear Buddhist Friends,1. On the occasion of the festival of Vesakh, I am writing to Buddhist communities in different parts of the world to convey my own good wishes, as well as those of the Pontifical Council for Interreligious Dialogue.2. We, (...) Catholics and Buddhists, enjoy a good relationship and our contacts, collaboration and implementation of diverse programmes have helped to deepen our understanding of each other. Dialogue is the sure path to fruitful interreligious relations. It deepens respect and nurtures the desire to live in harmony with others.3. The Second Vatican Council teaches that the entire human race shares a common origin and a common destiny: God, our Creator and the goal of our earthly pilgrimage. Similarly, Pope Benedict XVI, in his 2007 Message for the World Day of Peace, observed: "As one created in the image of God, each individual human being has the dignity of a person; he or she is not just something, but someone, capable of self-knowledge, self-possession, free self-giving and entering into communion with others" (n. 2).4. Building a community requires concrete gestures which reflect the respect for the dignity of others. Furthermore, as religious people, we are convinced that "there is a moral logic which is built into human life and which makes possible dialogue between individuals and peoples" (ibid, n. 3). Yet, there are people today who still need to learn about others and other people's beliefs in order to overcome prejudices and misunderstandings. This sad reality, if it is to be overcome, demands much effort [End Page 131] on the part of both civic and religious leaders. Even in places where people experience daily the ravages of war, fueled by sentiments of hatred and vengeance, trust can be restored. Together we can help to create the space and the opportunities for people to talk, listen, share regrets and offer forgiveness for each other's past mistakes.5. Education for peace is a responsibility which must be borne by all sectors of society. Of course, this starts in ordinary homes where the family, the fundamental pillar of society, strives to transmit traditional and sound values to children by a deliberate effort to inform their consciences. The younger generations deserve and indeed thrive upon value-based education which reinforces respect, acceptance, compassion and equality. It is important therefore that schools, both government and faith-based, do all possible to support parents in the delicate but satisfying task of raising children to appreciate all that is good and true.6. The media's power to shape minds, especially of the young, cannot be underestimated. While the irresponsible elements within it are increasingly being recognized for what they are, it is also the case that much good can be effected through quality productions and educational programmes. When people working within the media exercise their moral conscience, it is possible to dispel ignorance and impart knowledge, preserve social values, and portray the transcendental dimension of life which arises from the spiritual nature of all people. Religious believers serve society admirably by collaborating in such projects for the common good.7. Ultimately, the aim of true education is to bring the individual to encounter the ultimate purpose of life. This motivates the person to serve broken humanity. Together may we continue to contribute toward peace and harmony in our society and the world. We Catholics join you with our heartfelt greetings as you celebrate this feast and I wish you once again a happy Vesakh. [End Page 132]Paul Cardinal Poupard, President and Archbishop Pier Luigi Celata, SecretaryPontifical Council for Interreligious DialogueCopyright © 2007 The University of Hawai'i Press... (shrink)

The purpose of this study is not so much to show the presence of Antisthenes in the dialogue, but rather to examine what Plato alludes to. The controversy over ideas between the two Socratics is historically very well-attested, as can already be seen in the Cratylus. Thus, it is reasonable to assume that this controversy must have affected Plato when he was writing a dialogue in which the importance of ideas and his new logic is undeniable. Hence, this paper will (...) investigate the following question: what impact could Antisthenes’ denominative and definitory logic have on the equally denominative and definitory logic presented in the Phaedo given that the latter work in all probability preceded the Sathōn? In light of what is said in the dialogue, the answer focuses primarily on what would not be said. Thus, this study has been divided into two parts: Part one shows how the so-called “second navigation” emerges as an objection to the insufficiency of the responses given by the physiologists. Tellingly, certain “common opinions” are regarded as perplexing and individuals holding them are referred to with the indeterminate tis, which – as is argued – must have included Antisthenes. Indeed, Tht. 108c7–8 reports the latter to have made common opinions a cornerstone of his denomi­native logic. Part two, on the other hand, is devoted to examining the so-called “final argument.” Here, Antisthenes’ presence seems some­what more nuanced given his incomplete knowledge of the new logic of irreversible opposites which was worked out by Plato for the purpose of demonstrating the immortality and indestructibility of the soul. On the other hand, Antisthenes is likely to have prompted Plato to specify the relationship between ideas and things in the definitory logic, since the proponent of the theory of oikeios logos refused to distinguish between the substance and its attributes, the differences and its opposites as well as the opposites of opposites. (shrink)