I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of Terror Bomber and Strategic Bomber which dominates this debate is underdetermined in three crucial respects: (1) the non-psychological worlds of Terror Bomber and Strategic Bomber; (2) the psychologies of Terror Bomber and Strategic Bomber; and (3) the structure of the thought-experiment, especially in relation to its similarity with the Trolley Problem. (1) If the two (...) worlds are not identical, then it may be these differences between the two worlds and not the Doctrine of Double Effect to explain the moral difference; (2a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double Effect that explains the moral difference; (2b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. Finally, (3) the Strategic Bomber scenario could also be constructed so as to be structurally equivalent to the Fat Man scenario in the Trolley Problem: but then the Doctrine of Double Effect would give different answers to two symmetrical cases. (shrink)

Philosophy and conception of Divine authority in legal terms.

I distinguish between 'hard nudges' and 'soft nudges', arguing that it is possible to show that the latter can be compatible with informed consent - as Cohen has recently suggested; but that the real challenge is the compatibility of the former. Hard nudges are the more effective nudges because they work on less than conscious mechanisms such as those underlying our habits: whether those influences - which are often beyond the subject's awareness - can be reconciled with informed consent in (...) health care is the more challenging question. I suggest two directions for possible answers: on the one hand, looking at the growing empirical literature on mindless judgement and behaviour; and on the other hand considering a more diversified conception of consent, which I sketch. (shrink)

The argument for the moral permissibility of killing newborns is a challenge to liberal positions on abortion because it can be considered a reductio of their defence of abortion. Here I defend the liberal stance on abortion by arguing that the argument for the moral permissibility of killing newborns on ground of the social, psychological and economic burden on the parents recently put forward by Giubilini and Minerva is not valid; this is because they fail to show that newborns cannot (...) be harmed and because there are morally relevant differences between fetuses and newborns. (shrink)

The temporality of intentions and actions in situations of social interaction can sometimes be paradoxical. I argue that in these situations it may sometimes be possible to conceive of individual acts that can, in a strong sense, be intended retroactively. This could happen when the relational patterns in social interaction literally alter the virtual structure of a participant's past corporeal intentions resulting in an odd experience of having intended something all along without knowing it. I propose that this possibility should (...) be interpreted as more than just a narrowly epistemic phenomenon. Examining this claim involves clarifying the enactive perspective on intentionality, which I do here. The enactive approach rejects the model of a causal relation between intention and action for one of an intrinsic qualitative relation between the two as facets of sense-making. I develop this idea and compare it with Merleau-Ponty's Fundierung model of the mutual relation between corporeal and reflexive intentionality to show that co-regulated moves/affections during social interaction may modulate both arcs of this relation, creating the possibility of a re-signification that alters not the actuality but the virtual tendencies that preceded the social act. (shrink)

During the past decade, a small but rapidly growing number of Law&Tech scholars have been applying algorithmic methods in their legal research. This Article does it too, for the sake of saving disclosure regulation failure: a normative strategy that has long been considered dead by legal scholars, but conspicuously abused by rule-makers. Existing proposals to revive disclosure duties, however, either focus on the industry policies (e.g. seeking to reduce consumers’ costs of reading) or on rulemaking (e.g. by simplifying linguistic intricacies). (...) But failure may well depend on both. Therefore, this Article develops a `comprehensive approach', suggesting to use computational tools to cope with linguistic and behavioral failures at both the enactment and implementation phases of disclosure duties, thus filling a void in the Law & Tech scholarship. Specifically, it outlines how algorithmic tools can be used in a holistic manner to address the many failures of disclosures from the rulemaking in parliament to consumer screens. It suggests a multi-layered design where lawmakers deploy three tools in order to produce optimal disclosure rules: machine learning, natural language processing, and behavioral experimentation through regulatory sandboxes. To clarify how and why these tasks should be performed, disclosures in the contexts of online contract terms and privacy online are taken as examples. Because algorithmic rulemaking is frequently met with well-justified skepticism, problems of its compatibility with legitimacy, efficacy and proportionality are also discussed. (shrink)

This text illuminates the relevance and importance of Heidegger’s thought today. The chapters address the modern living conditions of intense social transformation intertwined with the continuous and rapid development of technologies that redefine the borders between nations and cultures. Technology globalizes markets, customs, the exchange of information, and economic flows but also – as Heidegger reminds us – revolutionizes the way we relate to bodies, to life, and to earth, by way of introducing both unprecedented opportunities and great dangers.

Humanismo básico. Humanismo e historicidad. Humanismo y libertad. Humanismo y díalogo. Lenguaje y verdad. Existencia, fermento de lo trágico.

Nell’ambito degli studi su fede e ragione nel pensiero di Tommaso d’Aquino, si è solitamente scelto di mostrare l’armonia dell’una e dell’altra attraverso ciò che le accomuna, ossia il fatto che la fede abbia un carattere intellettuale in quanto essa è assenso dell’intelletto alla rivelazione. Limitare la fede a questo, tuttavia, la espone al giudizio della ragione e quindi alla possibilità di essere rifiutata, se ciò è richiesto dal criterio dell’evidenza. In questa sede, dopo aver ricordato che per Tommaso la (...) fede è sì assenso intellettuale alla rivelazione ma in quanto dovuto principalmente alla carità, mostro come questo porti il credente a credere fermamente, anche nel caso l’evidenza sembrasse smentire l’atto di fede. E mostro che in tal modo il credente sembra messo nella migliore condizione possibile per promuovere l’attività intellettuale. (shrink)

Rodolfo Sacco developed the idea of “mute behaviours” during his studies on mute law. The notion of “mute behaviours” denotes an action that is able to mould a legal relationship without any use of language. Certainly, this concept may give rise to some doubts in relation to the attribution—to a behaviour qualified as mute—of the capability to affect dynamics involving a plurality of people. Aiming to clarify the idea of “mute behaviours” by this point of view, the authors analysed the (...) semiotic terminology used by Sacco himself to explain this notion and the issue of its silent nature. Therefore, the terms “signifying signs” and “symptoms”, deemed by Sacco—respectively—incompatible and compatible with the theory of mute behaviours were considered. The former term was traced back to the notion of conventional and arbitrary sign, the notion of the latter was reconstructed linking it to the concept of signs based on signification and suggesting a possible framework in view of the idea of “presentative meanings” developed by the philosopher Guido Morpurgo-Tagliabue. Clarified this dichotomy by a terminological analysis, the authors noticed—as affirmed by Rodolfo Sacco himself—the impossibility to ascribe the notion of gesture to the mute behaviour’s category, as some exegetes proposed. Consequently to this last remark, the authors tried to analyse the relationship between gestures and “mute behaviours”, identifying the category of “sema-pragmatic acts”, that includes gestures and may be seen as an intermediate phase between “mute behaviours” and legally relevant behaviours operated by speaking. (shrink)

A well-established tradition has argued that it is not legitimate to attribute to Parmenides a Fregean semantics, i.e. the distinction between ‘naming’ and ‘meaning’. Nonetheless, Parmenides claims more than once (B 8.53, B 9.1) that mortalsdo namereality, although incorrectly. As many scholars have emphasised, because it is fair neither to conclude that mortals’ names are ‘empty names’ nor dismiss Opinion's account (i.e., broadly speaking, the mortals’ account of reality) itself as meaningless, it seems that Parmenides is suggesting that some kind (...) of distinction between what names refer to and what names mean must be drawn. In view of this, what is Parmenides’ account of names?My suggestion is that in order to explain the Eleatic philosophy of language (and the Eleatic account of names) a step back is required. More specifically, Parmenides’ epistemology has to be taken into account. Indeed, if we assume that Parmenides is arguing for an ‘epistemological disjunctivism’ – such that the veridical and truthful state and the erroneous and deceptive state are essentially different – it will be clear that he is further arguing for what could be defined as a ‘semantic disjunctivism’, so that true speech and false speech are essentially different as well. (shrink)

It would seem that the difficulty in attempting to bring together ideas based on centuries-old academic disciplines with the more modern ones, which originate directly from business schools and the world of finance and economy, could explain why few, if any, real attempts have been made, over the last decade or so, to discover possible parallelisms between management and philosophy. However, through the thorough study of certain subjects, and the “history of ideas”, such parallelisms, and the so-called “masked philosophy” which (...) seems to undoubtedly inspire managerial conduct, can be found. In order to help us undertake and to better comprehend this “journey of discovery”, various schools of thought, stemming from ancient to more recent times are fundamental. References to the dissimulation philosophical paradigms of leadership, the Jesuitical schools of philosophical thinking of the Sixteenth century, the pioneer contributions of Leo Strauss, which are particularly illuminating with regards to the relation of the mutability of managerial conduct and the more recent and epoch-makingconsiderations of Richard Popkin, to quote but a few, are all crucial for the discovery and identification of these parallelisms, here particularly studied between dissimulation and business ethics. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 41-65, October 2021.

This article examines Jacobi's two novels, Allwill and Woldemar indirectly showing how much Allwill prefigures Kierkegaard's Seduce in Either/Or and the plot of Woldemar Hegel's final scene of Section VI of his Phenomenology of Spirit.

Both Husserl and Sartre speak of quasi-presence in their descriptions of the lived experience of imagination, and for both philosophers, accounting for quasi-presence means developing an account of the hyle proper to imagination. Guided by the perspective of fulfillment, Husserl’s theory of imaginary quasi-presence goes through three stages. Having experimented first with a depiction-model and then a perception-model, Husserl’s mature theory appeals to his innovative conception of inner consciousness. This elegant account nevertheless fails to do justice to the facticity and (...) bodily involvement of our imaginary experience. Sartre’s theory of analogon, based on his conception of imaginary quasi-presence as ‘magical’ self-affection, embodies important insights on these issues. Kinesthetic sensations and feelings are the modes in which we make use of own body to possess and be possessed by the imaginary object, thus lending it a semblance of bodily presence. (shrink)

In Advice to Christian philosophers Alvin Plantinga suggested that Christians who propose to be philosophers should not limit themselves to being philosophers who happen, incidentally, to be Christians. Instead, they should develop a Christian philosophy. From this, however, a problem followed, which is still seen as a reason to deny that a Christian philosophy is possible. It seems implausible that the outcome of the interaction between faith and philosophy is, really, philosophy and not merely theology. Plantinga did not deal with (...) this problem. Unlike him, thinkers of various orientations, especially scholars of Thomas Aquinas, had discussed it during the French querelle in the 1930s. In this article, I argue that they did not solve this problem because they did not examine the relationship between faith and philosophy by considering what faith requires in order to relate to reason. Instead, this consideration was suggested by Plantinga’s Advice and, long before, it had been developed in detail by Thomas Aquinas. It is, therefore, time to propose Thomist Advice to Christian Philosophers. (shrink)

This article reconstructs Sartre’s theory of selfhood against the background of the contemporary debate between minimal-self theories and narrative-self theories. I argue that Sartre’s theory incorporates both an emphasis on the singular first-person perspective, which is characteristic of minimal-self theories, and an emphasis on the practical intelligibility of experience, which is characteristic of narrative-self theories. The distinctiveness of the Sartrean combination of these motifs consists in its idea of the necessary ideal-relatedness of consciousness. According to Sartre, the logical structure of (...) the pre-reflective cogito requires the haunting presence of an ideal of self-coincidence, which determines for consciousness the meaning of its lived experiences. Consciousness exists as a question to itself due to this ideal-relatedness, and it answers this question by projecting its possibilities as creative and symbolic realizations of this ideal. Establishing the connection between Sartre’s theory of imagination and his theory of selfhood, I suggest that both the ideal and the possibility of consciousness are lived in the manner of the imaginary. (shrink)