The present essay addresses the conceptual structure of customary law, understood as a set of customary rules. More specifically, it deals with the core question of what opinio juris entails as a constituent element of customary law. The work will begin with an analysis of samples of common strategies in contemporary legal theory that deal with opinio juris when analyzing the structure of customary law. Subsequently, following Hart’s notion about what constitutes social rules, and introducing explanatory features from Game Theory (...) applied to social philosophy and some insights from Behavioral Economics, the goal of the present study is to propose a different conceptual path for analyzing and identifying customary law with what could be understood as “opinio juris”, given the conceptual necessity of finding the normative element that lies within the usus, or social practices. (shrink)

The essay addresses the debates about the ontology of norms considering the case of accounting for customary norms. It undertakes and defends a stance in favor of a semantic ontology by developing a framework for the explanation of norms as abstract objects and their linking with social facts to be identified in categories like “customary”, “enacted”, “legal”, “grammatical”, and so on. Furthermore, the work addresses the rival conceptions (pragmatic and eclectic) by showing the specific impossibility that these face for giving (...) a satisfactory account on customary norms. The inquiry concludes by exploring some possible insights from the philosophy of mind to explain the conceptual nature of norms as mental representations. (shrink)

Sometimes, we act in concert with others, as when we go for a walk together, or when two mathematicians try to prove a difficult theorem with each other. An interesting question is what distinguishes the actions of individuals that together constitute some joint activity from those that amount to a mere aggregation of individual behaviours. It is common for philosophers to appeal to collective intentionality to explain such instances of shared agency. This framework generalizes the approach traditionally used to explain (...) individual action: a behaviour is an action just in case it causally follows from the relevant intention. Contemporary philosophers of action, as well as cognitive psychologists, however, have criticised this way of explaining individual actions, favouring instead an approach that puts “control” or “guidance” as the discerning factor: a behaviour is an action just in case the agent controls it, or just in case it is guided by the agent. In this paper, I argue that we should include talk of guidance even in cases of joint action. I first show that problems of deviant causation arise also in cases of joint action, and that therefore guidance is required to face this issue. Then, I show what a “capacity to guide” amounts to for a group and how joint guidance relates to individual guidance. Joint guidance is actually constituted by task co-representation and the sense of commitment. I argue that an approach that favours joint guidance over collective intentions eschews a lot of metaphysical problems about collective mentality and group subjects, and it is thus more explanatorily fruitful. (shrink)

Le "livre-testament" de Jean-François Mattéi, préfacé par Raphaël Enthoven, qui défendra dans les médias la mémoire de son professeur et ami.

These proceedings collect the selected contributions of participants of the First Karl Schwarzschild Meeting on Gravitational Physics, held in Frankfurt, Germany to celebrate the 140th anniversary of Schwarzschild's birth. They are grouped into 4 main themes: I. The Life and Work of Karl Schwarzschild; II. Black Holes in Classical General Relativity, Numerical Relativity, Astrophysics, Cosmology, and Alternative Theories of Gravity; III. Black Holes in Quantum Gravity and String Theory; IV. Other Topics in Contemporary Gravitation. Inspired by the foundational principle ``By (...) acknowledging the past, we open a route to the future", the week-long meeting, envisioned as a forum for exchange between scientists from all locations and levels of education, drew participants from 15 countries across 4 continents. In addition to plenary talks from leading researchers, a special focus on young talent was provided, a feature underlined by the Springer Prize for the best student and junior presentations. (shrink)

When Crisis Becomes the Norm: What Can We Do to Demand Change? Crisis dominates the present historical moment. The economy is in crisis, politics in both its past and present forms is in crisis and our own individual lives are in crisis, made vulnerable by the fluctuations of the labor market and by the undoing of social and political ties we inherited from modernity. Yet, traditional views of crises as just temporary setbacks do not seem to hold any longer; this (...) crisis seems permanent, with no way out and no alternatives on the horizon. Reconstructing a political genealogy of the term from the Greek world to today's neoliberalism, this book demonstrates that crisis, understood as a "choice" between revolution and conservation, is a peculiarity of the modern era that does not apply to the present day. However, since its origin, the trope of crisis has proven to be one of the most effective instruments of social discipline and administration. The analytical trajectory followed by this book - which spans from Plato to Hayek, from the juridical and medical science of antiquity to the current technocracy, passing through the "weapons of criticism" of Marx and Gramsci - finally identifies, following Benjamin and Foucault, precariousness as the "form of life" that characterizes crisis understood as an art of government. But we still need to answer the question: "How can we recreate the possibility of political alternatives?". (shrink)

This paper considers whether the category of sovereign “decision,” as it is used in Carl Schmitt’s Political Theology, has analogies with the paradigm of “choice,” as it is theorized in neoliberalism. Both decision and choice belong to that mode of judgement that “cuts” the field of alternatives into two, into two “extreme” alternatives. This mode of judgment not only presupposes the subject of the decision, but also sets up the terms of the choice, clearly indicating the optimal option. For Schmitt, (...) a political decision arises in a “case of necessity”: in the “serious case” of war. And yet, it is precisely the neoliberal depoliticization of war that reduces it to a rule, and every choice fundamentally to a stance for or against. To escape from the neoliberal reduction of political decision in the form of a choice, I examine another mode of decision, absent from Schmitt’s texts: “disclosedness.”. (shrink)

This book marks a missed encounter between two of the most influential Marxists thinkers of our age, Walter Benjamin, and Antonio Gramsci, studied here for the first-time side by side. Benjamin and Gramsci were contemporaries, whose births and deaths took place within a few years of each other in Western Europe in the first half of the 20th century. Two Marxists sui generis, they radically changed Marxism's themes and vocabulary, profoundly influencing the most significant analyses and debates. At a time (...) in which Marxism was considered to be outdated and in crisis, both Gramsci's and Benjamin's thought provided resources for its renewal: particularly in post-colonial studies for Gramsci and in new media studies for Benjamin. Both were victims of fascism, on the threshold of the catastrophe of the Second World War. These two philosophers' posthumous fortune depended on the transmission of their thought, which was first entrusted to friends and comrades, and then to entire generations of scholars from a wide range of disciplines. Editors, Dario Gentili, Elettra Stimilli, Gabriele Guerra explore with leading voices on Benjamin and Gramsci the most relevant and topical issues today. An indispensable new perspective in Marxism for students and researchers alike. (shrink)

Nous vivons une période étrange, probablement même périlleuse à bien des égards. Les avancées de la science, de la médecine et des technologies sont telles qu'elles posent désormais la question de l'avenir de notre commune humanité. Mon corps est-il ma personne ou est-il une chose? S'agit-il simplement d'un ensemble de pièces que l'on peut remplacer, ou d'une enveloppe que l'on pourrait changer? Notre destin est-il, tout entier, inscrit dans nos gènes? Avec le développement des techniques de procréation médicalement assistée, l'enfant (...) demeure-t-il un sujet de droit ou devient-il un objet auquel on aurait droit? L'aventure humaine est-elle réellement menacée par le posthumanisme? Que penser enfin des promesses d'un homme manipulé et amélioré par le transhumanisme, grâce aux nanotechnologies, aux biotechnologies, à l'informatique et aux sciences cognitives... Jean-François Mattei nous propose un retour à une culture du doute, nécessaire pour armer notre pensée face aux défis à venir. Nous invitant à une réflexion éthique, philosophique et politique, il nous amène à nous demander si, modifiant notre humanité, nous pourrions néanmoins rester humains... (shrink)

Si les interprétations de ce qu'il est convenu de nommer la « dernière philosophie » de Heidegger sont aujourd'hui monnaie courante, non sans risque d'inflation parfois quand on les lie sans précaution à l'engagement politique de l'auteur de Sein und Zeit, personne pourtant n'avait jusqu'ici pris le risque d'aborder la question controversée du « tournant » de front. Les différences évidentes entre un Heidegger I, parti de la phénoménologie pour revenir à une « ontologie fondamentale », et relevant encore à (...) ce titre de la philosophie, et un Heidegger II, voué désormais à une « autre pensée » réfractaire à l'élaboration conceptuelle, sinon à une sorte de mysticisme poétique, paraissent si tranchées à la plupart des commentateurs qu'ils entérinent sans plus attendre une telle division. Celle-ci a d'ailleurs été accréditée par l'auteur lui-même qui, le premier, mentionna l'existence d'un « tournant » de sa propre pensée, en termes réservés toutefois, sinon énigmatiques. (shrink)

Jason Brennan has argued that democracy is intrinsically unjust, for it grants voting power to politically incompetent individuals, thus exposing people to an undue risk of harm. He claims democracy should be replaced by epistocracy, i.e., the rule of the knowers. In this paper, I show that his argument fails. First, Brennan mistakes voters’ competence for voters’ trustworthiness. Second, despite Brennan's claim to the contrary, an epistocracy may not reduce people’s exposure to an undue risk of harm. Third, Brennan overlooks (...) the fact that citizens are not equally affected by ‘bad voting.’ Fourth, far from being a defence of libertarian ideals, Brennan's argument supports paternalism. (shrink)

Initially identified as a key phosphoinositide that controls membrane trafficking at the Golgi complex, phosphatidylinositol‐4‐phosphate (PI4P) has emerged as a key molecule in the regulation of a diverse array of cellular functions. In this review we will discuss selected examples of the findings that in the last few years have significantly increased our awareness of the regulation and roles of PI4P in the Golgi complex and beyond. We will also highlight the role of PI4P in infection and cancer. We believe (...) that, with the increasing number of regulators and effectors of PI4P identified, the time is ripe for a more integrated approach of study. A first step in this direction is the delineation of PI4P‐centered molecular networks that we provide using data from low and high throughput studies in yeast and mammals. (shrink)

Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this claim, (...) I defend an account of political obligation framed in terms of respect for (rather than mere obedience to) the law, and argue that the mere illegality of civil disobedience does not suffice to establish wrongdoing. I then discuss and reject three objections to my argument. (shrink)

Paul Mattei, Les frontières de l'Église selon la première tradition africaine (Tertullien, Cyprien, Anonyme De rebaptismate), p. 27-47. - «Hors de l'Église pas de salut » : l'article montre que cette formule de Cyprien, promise à un long avenir, s'enracine dans une définition, au demeurant complexe et parcourue de tensions, de l'Église comme sacramentum unitatis. La comparaison avec Tertullien, lui aussi «excfusiviste», fait percevoir où se situent à cet égard, entre les deux théologiens, rupture et continuité. Une présentation du (...) De rebaptismate, œuvre contemporaine de Cyprien, manifeste la difficulté qu'il y avait, au IIIe siècle, en Afrique, malgré qu'on en eût, à rompre avec la conception cyprianique ; ce qu'Augustin, plus tard, devait réussir (il est vrai pour partie seulement, mais un pas était fait) dans sa confrontation avec les donatistes. (shrink)

Resilience factors have been suggested as key mechanisms in the relation between symptoms and disability among individuals with chronic pain. However, there is a need to better operationalize resilience and to empirically evaluate its role and function. The present study examined psychological flexibility as a resilience factor in relation to symptoms and functioning among 252 adults with chronic pain applying for participation in a digital ACT-based self-help treatment. Participants completed measures of symptoms (pain intensity, anxiety), functioning (pain interference, depression), as (...) well as the hypothesized resilience factor psychological flexibility (measured as avoidance, value obstruction, and value progress). As expected, symptoms, functioning and resilience factors were significantly associated. Hierarchical linear regression analyses showed that psychological flexibility significantly contributed to the prediction of pain interference and depression when adjusting for age, pain and anxiety. Also, participants with low levels of psychological flexibility were more likely to be on sick leave. Furthermore, a series of multiple mediation analyses showed that psychological flexibility (avoidance, value obstruction, value progress) had a significant indirect effect on the relationship between symptoms and functioning. Avoidance was consistently shown to contribute to the indirect effect. Results support previous findings and suggest the importance of psychological flexibility as a resilience factor among individuals with chronic pain and anxiety. (shrink)

The letters in this volume continue to cover Ricardo's correspondence while a member of the House of Commons and provide subtle refinements and elaborations to his political economic thoughts. This volume includes a complete index to volumes 6 through 9, which contain Ricardo's correspondence. The index is cross-referenced by name and topic. Ricardo's letters remain a permanent legacy to the development of his many contributions to the political economy and a record of his endearing friendships.The entire series includes: Volume 1 (...) "On the Principles of Political Economy and Taxation"Volume 2 "Notes on Malthus's Principles of Political Economy"Volume 3 "Pamphlets and Papers 1809-1811 "Volume 4 "Pamphlets and Papers 1815-1823"Volume 5 "Speeches and Evidence"Volume 6 "Letters 1810-1815"Volume 7 "Letters 1816-1818"Volume 8 "Letters 1819-1821"Volume 9 "Letters 1821-1823"Volume 10 "Biographical Miscellany"Volume 11 "General Index". (shrink)

The fair-play theory of punishment claims that the state is justified in imposing additional burdens on law-breakers, to remove the unfair advantage the latter have enjoyed by disobeying the law. From this perspective, punishment reestablishes a fair distribution of benefits and burdens among all citizens. In this paper, I object to this view by focusing on the case of civil disobedience. I argue that the mere illegality of this conduct is insufficient to establish the agent’s unfair advantage over his lawabiding (...) fellows, hence the imposition of additional burdens upon him through legal punishment. I articulate a broader account of citizens’ fair-play duties, able to capture disobedience as well as obedience to the law. While claiming that some law-breakers may not be treated as free-riders, I also gesture at the fact that some law-obeying citizens may not be ‘playing fair’: in some cases, a failure to engage in civil disobedience represents a failure to do one’s own part within the cooperative scheme of society. (shrink)

ObjectiveGonadotoxicity is considered one of the most distressing side effects of cancer treatment. Although fertility preservation can be a valid solution, it also involves a challenging process. A clear understanding of the features of women who decide to pursue fertility preservation after cancer diagnosis is missing. The purpose of the present study was therefore to analyze the personality profile of female patients referred to oncofertility prior to gonadotoxic treatment.MethodsFifty-two female cancer patients took part in the study. The Temperament and Character (...) Inventory-Revised, the Response Evaluation Measure-71, the Beck Depression Inventory, and the State-Trait Anxiety Inventory-Y Form were administered to examine personality characteristics, defense mechanisms, depression and anxiety symptoms.ResultsCompared with reference data of the Italian population, our sample reported significantly lower scores in Harm Avoidance and trait anxiety, and significantly higher levels of mature defense mechanisms. Most of the patients reported low scores in immature defense mechanisms, depression, and trait anxiety, and medium scores in state anxiety.ConclusionsOur findings suggest that these women display functional personality traits and defensive style, in association with low levels of depression and trait anxiety. These features may enable a proactive attitude to cancer and the ability to make long-term plans. This may favor psychological adjustment to cancer and a projection toward the future. (shrink)

(2000). The Evolutionary challenge for the Enterprise. World Futures: Vol. 55, Challenges of Evolution at the Turn of the Millennium: Part III: The Chllenges of Globalization and Sustainability, pp. 159-171.

El autor plantea que el Estado ha ingresado en una creciente crisis y la sospecha sobre su real “utilidad” para la sociedad, y vincula a este tema el surgimiento de la cuestión del espacio público. Sostiene que un cambio radical se produce a partir de la nueva percepción del territorio, cuando ya no parece posible que el Estado, y por lo tanto el espacio público, pueda ser pensado exclusivamente en términos nacionales. Discute luego la relación espacio público-vida privada, y los (...) nuevos modos de hacer política en este nuevo espacio público. Afirma finalmente que la construcción de un bien común puede ser pensado y diseñado colectivamente. (shrink)

« Sir, you shall present before her The Nine Worthies... as concerning some entertainment of time, some show in the posterior of this day... »« There’s no business like show business ! »Georges Duhamel voyait dans le cinéma naissant un divertissement d’ilotes. Le même mépris a pu accabler les pièces de Shakespeare dont la rudesse de langue chagrine les esprits éclairés depuis..

This paper focuses on accountability in school-based education in England. It explores notions of accountability and proposes a new framework for its analysis. It then identifies a number of types of accountability which are present in school-based education, and discusses each in terms of who is accountable to whom and for what. It goes on to examine the sanctions associated with each type of accountability and some possible effects of each type. School performance cross-cuts virtually all facets of accountability, but (...) is fundamental to hierarchical and market accountability where it is associated with a high likelihood of severe sanctions. This, it is argued, means that schools are likely to focus on these forms of accountability as opposed to participative or network accountabilities that involve collaboration with others. The final section proposes that there is a case for accountability systems to focus more broadly on a variety of processes and outcomes related to the overall goals of education. The existing regime in England is heavily focused on hierarchical and market accountability: a greater focus on participative and network accountability may foster a less individualistic approach to education and greater social cohesion. (shrink)

Acts of civil disobedience, which imply the open violation of a legal directive, often result in the forceful imposition of a choice upon others (e.g. blockades). This is sometimes justifiable, within a democracy, in cases of ‘democratic deficit’, namely, when fundamental rights of an oppressed minority are at stake. In this article, I claim that the use of physical force, in a democracy, may also be justified by the rights of (at least some of) the very people upon whom force (...) is applied. Focusing on the nature of civil disobedience as a ‘form of address’, I argue: (1) using physical force to address others in the democratic arena does not entail infringing upon their status as autonomous agents; (2) using physical force to address others in the democratic arena may contribute to the fulfilment of a positive duty to promote the autonomy of (at least some of) those very people upon whom force is applied. This is not a defence of paternalism: I claim that using force against others, in the democratic arena, may be constitutive of a behaviour that treats others with the respect due to their status as autonomous agents. (shrink)

The contribution describes the legal phenomenon as a playing field characterized by a progressive regression of the law, understood as a sovereign will from top to bottom, both in the vision of formalist legal positivisms in continental Europe and in realist terms, in the United States. Soft law represents the main strategy to subordinate the law to the interests of the economy, elasticizing environmental law, making it favorable to the market, reducing ecology to the simplistic metric of CO2 emissions. The (...) consequence is a retreat of the statist vertical normativity of law which is not replaced by a de facto power granted to those who control the technology, built by design to close spaces for pluralism and democratic action, in the interest of surveillance and concentrated power in private and government oligopolies. The author concludes by advocating the urgency for genuinely innovative categories, particularly in the legal education, such as the commons, capable of including sustainability into a “new ecological jurisprudence committed to inclusion and solidarity rather than exclusion and struggle”. (shrink)