The study empirically investigates the relationship between corporate governance and the triple bottom line sustainability performance through the lens of agency theory and stakeholder theory. We claim, in fact, that no single theory fully accounts for all the hypothesised relationships. We measure sustainability performance through manual content analysis on sustainability reports of the US-based companies. The study extends the existing literature by investigating the impact of selected corporate governance mechanisms on each dimension of sustainability performance, as defined by the GRI (...) framework. Our approach allows to identify which governance mechanisms foster triple bottom line performance, also revealing that some mechanisms fit only specific dimension of sustainability. The fact-based findings provide support for a new beginning in the theorising process in which the theories must try not only to provide rationale for the impact of corporate governance on sustainability, but also to explain which dimension of sustainability might be more affected. The most important implication for practitioners is the support for sustainability practices, which may be gained through implementation of particular corporate governance mechanisms. The findings contribute also to the improvement of the ongoing standard setting process, in particular as it concerns the in-depth revision of the economic dimension of sustainability carried out under the new GRI framework. (shrink)

The Anthology of the Works of Ugo Spirito captures the trajectory of Ugo Spirito's complex body of thought that spanned more than fifty years, from 1921 to 1977.

This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal (...) accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships. (shrink)

This dissertation develops, justifies, and examines the jurisprudential implications of a non-monotonic theory of common law legal reasoning. Legal rules seem to have exceptions but identifying all of them is difficult. This hinders attempts to formalize legal rules using classical logics. Non-monotonic logics allow defeasible inference, permitting rules that hold generally but can be defeated in the presence of exceptions. This ameliorates the problem of characterizing all exceptions to a rule, because exceptions can be added piecemeal while the rule remains. (...) The first portion of the dissertation rebuts a prominent criticism leveled at a large class of theories of legal reasoning that includes my theory. The charge is that no coherent theory can recognize both the difference between distinguishing and overruling, and the constraint of precedent. The critics argue that is more important than and that can only be explained by monotonic legal rules. Drawing on cognitive psychology as well as legal theory, I show that coherent theories, such as my own, can accommodate both and. The second chapter provides motivation for understanding precedential constraint in terms of non-monotonic default rules and introduces my positive theory, which elaborates on John Horty's work in treating legal rules as prioritized defaults involving reasons. I motivate and implement a relaxation of Horty's restrictions on the form of rules to allow a more fine-grained characterization of precedent. Finally, I explore the relationship between these relaxations and the concept of precedent. The final section explains how my theory fits into the traditional jurisprudential ecosystem. I demonstrate that, contrary to assertions in the legal theory literature, this non-monotonic approach is entirely compatible with positivism's commitment to extracting rules from authoritative legal sources, namely court opinions. I also suggest how it might be attractive to law and economics theorists, pragmatists, and followers of Dworkin. (shrink)

This paper gives an account of dimensions in the reason model found in Horty : 1–33, 2011), Horty and Bench-Capon and Rigoni :133–160, 2015. doi: 10.1007/s10506-015-9166-x). The account is constructed with the purpose of rectifying problems with the approach to incorporating dimensions in Horty, namely, the problems arising from the collapse of the distinction between the reason model and the result model on that approach. Examination of the newly constructed theory revealed that the importance of dimensions in the reason (...) model lies in their ability to establish weighings between reasons/factors of the same polarity. This permits past cases to constrain future cases in ways they could not on the reason model with just factors. The paper then discusses how dimensions might be established from a case base and how dimensions that are incomplete in various aspects might be dealt with in the theory. It closes with comparisons to other work in the literature on AI and Law and suggestions for further improvement of the reason model. (shrink)

A comparative investigation in the metaphysics of material objects and persons in ancient philosophy, this book provides radically new insights into key themes and areas of ancient thought by drawing on Greek and Buddhist philosophies. Ugo Zilioli explicates the neglected tradition of philosophers who in different ways made material objects either redundant or ontologically dispensable in the ancient world. At the same time, while eliminating objects from the material apparatus of the world, some of those philosophers conceived of selves and (...) persons as the only truly existing items. Chapters cover concepts such as nihilism, elusive objects and the emergence of the self, demonstrating how the philosophy of major thinkers Protogoras, Vasubandhu, Gorgias, Nagarjuna, Democritus, Pyrrho, Epicurus and the Cyrenaics advance our understanding of eliminativism. Zilioli's historical and philosophical reconstruction challenges traditional readings of key moments and figures in the history of thought, both Eastern and Western, as well as providing conceptual tools that are of interest not only to historians of philosophy but also to contemporary metaphysicians. (shrink)

The Cyrenaic school of philosophy (named after its founder Aristippus’ native city of Cyrene in North Africa) flourished in the fifth and fourth centuries BCE. Ugo Zilioli’s book provides the first book-length introduction to the school in English. The book begins by introducing the main figures of the Cyrenaic school beginning with Aristippus and by setting them into their historical context. Once the reader is familiar with those figures and with the genealogy of the school, the book offers an overview (...) of ancient and modern interpretations of the Cyrenaics, to provide readers with alternative accounts of the doctrines they endorsed and of the role they played in the context of ancient thought. Finally, the book offers a reconstruction of Cyrenaic philosophy and shows how the ethical side of their speculation connected with the epistemology and ontology they endorsed and that, as a result, the Cyrenaics were able to offer a quite sophisticated philosophy. Indeed, Zilioli demonstrates that they represented, in ancient philosophy, an important and original metaphysical position and alternative to the kind of realism endorsed by Plato and Aristotle. (shrink)

In order to present a hopefully comprehensive framework of what is the stake of the growing use of robot soldiers, the paper focuses on: the different impact of robots on legal systems, e.g., contractual obligations and tort liability; how robots affect crucial notions as causality, predictability and human culpability in criminal law and, finally, specific hypotheses of robots employed in “just wars.” By using the traditional distinction between causes that make wars just and conduct admissible on the battlefield, the aim (...) is to clarify how advancement of military robotics technology is transforming a 2,000-year-old legal debate on the concept of “just war.” For the first time, legal systems will hold political authorities and military commissioners responsible for what an artificial soldier autonomously decides to do. The paper examines how the new scenario affects both principles of military conduct and notions of justice in resorting to war. (shrink)

Studies on the 1616 and 1633 actions brought against Galilei by the Index and the Inquisition generally presumed that part of the documentation was still to be unveiled. This assumption was frequently accompanied by the hypothesis that some available documents were forgeries, merely composed to justify the 1633 condemnation. New documents from the Archive of the Roman Inquisition, including a censure of Saggiatore, official acts concerning the public dissemination of the verdict, and applications for permission to read Galilei¹s works, show (...) that the 1984 edition of his trial was not exhaustive. It is argued, however, that these documents were not concealed intentionally by the Holy Office and their not being found so far has been mainly due to the poor organisation of the Archive. Gianfranco Catelli, Gouhier e la cosiddetta dottrina della terza nozione primitiva In questo studio non si condivide l’opinione, dominante per molti decenni, che il cosiddetto dualismo cartesiano sia dovuto ad un “malinteso”, che può chiamarsi originario, dato che a rimanerne coinvolti furono alcuni tra i primi seguaci della filosofia di Cartesio. Una presa di posizione, questa, che, già sviluppata in altri precedenti lavori, viene qui riproposta relativamente a H. Gouhier, lo studioso che più di ogni altro, con ricchezza di documenti e sottigliezza di analisi interpretative, ha sostenuto la tesi del “malinteso” e ha individuato nella dottrina della terza nozione primitiva la spiegazione autenticamente cartesiana del rapporto sussistente tra anima e corpo. Una interpretazione di cui nel presentge studio si mostra tutta la debolezza, soprattutto se la si considera alla luce dell’altra dottrina, anch’essa cartesiana, ma di gran lunga più articolata, che fa del rapporto tra anima e corpo un nesso da spiegarsi in analogia al rapporto che nel linguaggio intercorre tra il segno e il suo significato. (shrink)

Do free will beliefs influence moral judgments? Answers to this question from theoretical and empirical perspectives are controversial. This study attempted to replicate past research and offer theoretical insights by analyzing World Values Survey data from residents of 46 countries (n = 65,111 persons). Corroborating experimental findings, free will beliefs predicted intolerance of unethical behaviors and support for severe criminal punishment. Further, the link between free will beliefs and intolerance of unethical behavior was moderated by variations in countries’ institutional integrity, (...) defined as the degree to which countries had accountable, corruption-free public sectors. Free will beliefs predicted intolerance of unethical behaviors for residents of countries with high and moderate institutional integrity, but this correlation was not seen for countries with low institutional integrity. Free will beliefs predicted support for criminal punishment regardless of countries’ institutional integrity. Results were robust across different operationalizations of institutional integrity and with or without statistical control variables. (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)

Believing in free will may arise from a biological need for control. People induced to disbelieve in free will show impulsive and antisocial tendencies, suggesting a reduction of the willingness to exert self-control. We investigated whether undermining free will affects two aspects of self-control: intentional inhibition and perceived self-control. We exposed participants either to anti-free will or to neutral messages. The two groups then performed a task that required self-control to inhibit a prepotent response. No-free will participants showed less intentional (...) inhibitions than controls, suggesting a reduction of self-control. We assessed perceived self-control by asking participants whether the response resulted from a deliberate intention or from an impulsive reaction. Perceived self-control was lower in the no-free will group than in control group. Our findings show that undermining free will can degrade self-control and provide insights into how disbelieving in free will leads to antisocial tendencies. (shrink)

Protagoras was an important Greek thinker of the fifth century BC, the most famous of the so called Sophists, though most of what we know of him and his thought comes to us mainly through the dialogues of his strenuous opponent Plato. In this book, Ugo Zilioli offers a sustained and philosophically sophisticated examination of what is, in philosophical terms, the most interesting feature of Protagoras' thought for modern readers: his role as the first Western thinker to argue for relativism. (...) Zilioli relates Protagoras' relativism with modern forms of relativism, in particular the 'robust relativism' of Joseph Margolis, gives an integrated account both of the perceptual relativism examined in Plato's Theaetetus and the ethical or social relativism presented in the first part of Plato's Protagoras and offers an integrated and positive analysis of Protagoras' thought, rather than focusing on ancient criticisms and responses to his thought. This is a deeply scholarly work which brings much argument to bear to the claim that Protagoras was and remains Plato's subtlest philosophical enemy. (shrink)

Questo primo volume degli "Scritti di Ugo Bianchi" - "Religions in Antiquity" - raccoglie contributi relativi a temi e problemi del cristianesimo antico. Con esso si realizza un progetto, formulato in anni lontani (1983) dallo stesso autore, che contemplava varie sezioni di cui l'ultima - "Christiana" comprendeva i saggi che costituiscono la prima metà del volume; a questi ne sono stati aggiunti altri, sulle medesime tematiche, che risalgono ad anni successivi. Precede i saggi un contributo di carattere metodologico ("Tipologia storica (...) delle religioni e comparazione: il caso del dualismo"). "Ugo Bianchi, nel suo lungo itinerario scientifico che abbraccia alcune delle più significative aree del vasto panorama delle esperienze religiose della storia umana, non ha mai proposto una "teoria" interpretativa generale e onnicomprensiva di esse, quale molto spesso - con esiti e fortune diversi hanno fatto tanti storici delle religioni. Egli, al contrario, ha mostrato riserbo o vera e propria diffidenza nei confronti di tali "teorie" che il progresso della ricerca e la riflessione critica hanno sempre in varia misura smentito o ridimensionato. Di fatto, lo studioso ha costantemente riconosciuto la debolezza intrinseca di tali tentativi alla luce delle mobili e differenziate realtà che la storia ci consegna e che solo a prezzo di un'analisi comparativa condotta con duttilità e rigore..." (dall'Introduzione Giulia Sfameni Gasparro). (shrink)

The nature of matter and the idea of indivisible parts has fascinated philosophers, historians, scientists and physicists from antiquity to the present day. This collection covers the richness of its history, starting with how the Ancient Greeks came to assume the existence of atoms and concluding with contemporary metaphysical debates about structure, time and reality. Focusing on important moments in the history of human thought when the debate about atomism was particularly flourishing and transformative for the scientific and philosophical spirit (...) of the time, this collection covers: - The discovery of atomism in ancient philosophy - Ancient non-Western, Arabic and late Medieval thought - The Renaissance, when along with the re-discovery of ancient thought, atomism became once again an important doctrine to be fully debated - Logical atomism in early analytic philosophy, with Russell and Wittgenstein - Atomism in Liberalism and Marxism - Atomism and the philosophy of time - Atomism in contemporary metaphysics - Atomism and the sciences Featuring 28 chapters by leading and younger scholars, this valuable collection reveals the development of one of philosophy's central doctrines across 2,500 years and within a broad range of philosophical traditions. (shrink)

In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where (...) the two projects interact. (shrink)

This article discusses the desirability and feasibility of modeling precedents with multiple interpretations within factor-based models of precedential constraint. The main idea is that allowing multiple reasonable interpretations of cases and modeling precedential constraint as a function of what all reasonable interpretations compel may be advantageous. The article explains the potential benefits of extending the models in this way with a focus on incorporating a theory of vertical precedent in U.S. federal appellate courts. It also considers the costs of extending (...) the models in this way, such as the significant increase in the functional size of the case base and the need to provide some kind of ordering on interpretations to select a “best” interpretation. Finally, the article suggests partially incorporating multiple interpretations of dimensions as a realistic starting point for incorporating interpretations generally, and shows how doing so can help address difficulties with dimensions. The conclusion remarks on the use of interpretations to deal with inconsistent precedents. (shrink)

Proponents of strict rule-based theories of judicial reasoning in common-law systems have offered a number of criticisms of analogical alternatives. I explain these criticisms and show that at best they apply equally well to rule-based theories. Further, I show how the analogical theories explain a feature of judicial common-law reasoningthat rule-based theories ignore. Finally, I show that reason-based, analogical theories of common-law judicial reasoning, such as those offered by John Horty and Grant Lamond, offer especially strong rejoinders to the rule-theorist (...) objections and persuasive accounts of distinguishing. (shrink)