The aim of the paper is that of putting into question the dichotomy between fact-judgments and value judgments in the legal domain, with its epistemological presuppositions (descriptivist image of knowledge) and its methodological implications for legal knowledge (value freedom principle and neutrality thesis). The basic question that I will try to answer is whether and on what conditions strong ethical value-judgments belong within legal knowledge. I criticize the traditional positivist positions that have fully accepted the value-freedom principle and value-neutrality thesis, (...) but I also submit to critical scrutiny the new post-positivist views, that, even if they show interesting conceptual developments on the matter, end up, nevertheless, by presupposing the same epistemological image, while I call descriptivism. I stress that only by giving up descriptivism and accepting constructivism as a general image of knowledge is it possible to see the problem of value-ladenness of legal knowledge in a new light. On the basis of the constructivist image, I present two theses: firstly, at a much broader epistemological level, I advance the minimalist thesis on value-judgments, which simply removes the general ban on treating values as present within knowledge; secondly, I advance the strong thesis on legal value-judgments, which consists in arguing for the necessary presence of ethical value-judgments in legal knowledge. I draw, in the end, some important implications from acceptance of the strong thesis. One of these implications is a new distinction that replaces the traditional distinction between fact-judgments and value judgments, namely, the distinction between value-judgments exhibiting a cognitive function and value-judgments exhibiting a creative function. (shrink)

The aim of the paper is that of putting intoquestion the dichotomy between fact-judgments andvalue judgments in the legal domain, with its epistemologicalpresuppositions (descriptivist image of knowledge) andits methodological implications for legal knowledge (valuefreedom principle and neutrality thesis). The basicquestion that I will try to answer is whether and on whatconditions strong ethical value-judgments belong withinlegal knowledge.I criticize the traditional positivist positionsthat have fully accepted the value-freedom principle andvalue-neutrality thesis, but I also submit to critical scrutinythe new post-positivist views, that, (...) even if they showinteresting conceptual developments on the matter, end up,nevertheless, by presupposing the same epistemologicalimage, while I call descriptivism. I stress that only by giving updescriptivism and accepting constructivism as a generalimage of knowledge is it possible to see the problem ofvalue-ladenness of legal knowledge in a new light.On the basis of the constructivist image, I present two theses:firstly, at a much broader epistemological level, I advance theminimalist thesis on value-judgments, which simply removes thegeneral ban on treating values as present withinknowledge; secondly, I advance the strong thesis on legalvalue-judgments, which consists in arguing for thenecessary presence of ethical value-judgments in legal knowledge.I draw, in the end, some important implications from acceptanceof the strong thesis. One of these implications isa new distinction that replaces the traditional distinctionbetween fact-judgments and value judgments, namely, thedistinction between value-judgments exhibiting a cognitivefunction and value-judgments exhibiting a creativefunction. (shrink)

In this paper I put forward some arguments in defence of inclusive legal positivism . The general thesis that I defend is that inclusive positivism represents a more fruitful and interesting research program than that proposed by exclusive positivism . I introduce two arguments connected with legal interpretation in favour of my thesis. However, my opinion is that inclusive positivism does not sufficiently succeed in estranging itself from the more traditional legal positivist conceptions. This is the case, for instance, with (...) regard to the value-freedom principle, which is commonly accepted by inclusive positivist scholars. In contrast with this approach, I try to show, in the concluding section, how a constructivistic version of inclusive positivism could legitimately acknowledge the presence of value-judgments in the cognitive activities of jurists and legal theorists. (shrink)

Normal 0 21 false false false ES-CO X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} In this paper, first, I will try to give a conceptual definition of relativism, with the aim of singling out the basic elements common to the most relevant relativist conceptions. I will qualify as “relativistic” all conceptions (...) in which all or a relevant part of its criteria and beliefs necessarily depend on a given context. Secondly, I will deal with some critical observations against relativism. From this point of view, a problem arises from the fact that many relativists would like to have the chance ofexpressing some objective judgments. Lastly, I will propose a relativistic conception: one that doesn’t incorporate absolutist elements at all and nevertheless could be able to explain the presence of a common core of criteria and beliefs in all our conceptual schemes and beliefs. Two distinctions are important here: first, local conceptual schemes and long term frameworks, and second, environment and world. This last distinction makes possible to speak, even inside a coherent relativist epistemological conception, of the existence of an objective reality. (shrink)

This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of the law and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice. Beginning with an introduction from the editors proposing a new account of the meaning of objectivity, the book is then divided into three broad themes illuminated (...) by this account. Chapters first address a range of problems linked to the relationship between objectivity and jurisprudence, before turning in the second part to an analysis of the functions of objectivity in legal interpretation. The final part then deals with the function of objectivity in practical reasoning. Offering a spectrum of scholarly insights within a coherent intellectual framework, this book will be a crucial read for scholars and graduate students of legal philosophy and legal theory. Its discussion of objectivity as it relates to legal practice and practical reasoning will also be of interest to practitioners such as judges, arbitrators and lawyers. (shrink)

This Very Short Introduction explores the philosophical ideas and political theories of Hannah Arendt (1906-1975). As a survivor of the Holocaust, Arendt's life informed her work exploring the meaning and construction of power, evil, totalitarianism, and direct democracy. Through insightful readings of Arendt's best-known works, from The Origins of Totalitarianism (1951) to The Life of the Mind (1978), Dana Villa traces the importance of Arendt's ideas for today's reader. In so doing, Villa explains how Arendt gained world-wide fame (...) with the publication of Origins, and went on to have a distinguished career as a political theorist and public intellectual. A sometimes controversial figure, Arendt is now recognised as one of the most important political thinkers of the twentieth century and her works have become an acknowledged part of the Western canon of political theory and philosophy"--From the publisher. (shrink)

Can the Marxist tradition still provide new resources for thinking the specificity of historical time? This volume proposes to transform our understanding of Marxism by reconnecting with the 'subterranean currents' of plural temporalities that have traversed its development. From Rousseau and Sieyès to Marx, from Bloch to Althusser, from Gramsci to Pasolini and Postcolonialism, the chapters in this volume seek both to valorise neglected resources from Marxism's contradictory history, and also to read against the grain its orthodox and heterodox currents. (...) Privileging not the single time of historical development, but the plural temporalities that intertwine in and constitute any given historical conjuncture, and arguing against merely subjectivist theories of temporal multiplicity, this volume studies the articulation of the real, plural temporalities of mass political action. Comprehending their dynamics is a necessary precondition for a renewed politics of emancipation.Contributors include: Luca Basso, Stefano Bracaletti, Mauro Farnesi Camellone, Fabio Frosini, Augusto Illuminati, Nicola Marcucci, Vittorio Morfino, Luca Pinzolo, Peter D. Thomas and Massimiliano Tomba. (shrink)

Background The 2020-2021 coronavirus (Covid-19) pandemic is just the latest epidemic event that requires us to rethink and change our understanding of health. Health should no longer be conceived only in relation to human beings, but in unitary terms, as a dimension that connects humans, animals, plants, and the environment (holistic view, One Health). In general, alterations occurring in this articulated chain of life trigger a domino effect. Methodology In this paper, we review the One Health paradigm in the light (...) of the Covid-19 pandemic and distinguish two approaches within it that might be dubbed the Prudent one and the Radical one. Each approach is structured in three levels – epistemological, medical, and ethical. Results In this way, we show how we humans can better address the pandemic today and how, in the future, we can treat the whole living system better, by renouncing our anthropocentric perspective on health. Conclusion We hold that the Prudent approach can be very helpful, and we discuss the medical and ethical issues related to it. We also consider the Radical view and the epistemological turn it requires compared to the Prudent one. (shrink)

Nel cammino della filosofia il realismo ha spesso costituito l’asse fondamentale della ricerca. Esso è in grado di rinnovare il pensiero, oggi, quando la filosofia moderna si è chiusa, sostituita dalla presente povertà postmetafisica e dal disfattismo della ragione. Il volume mette alla prova la forza del realismo, intrecciando riflessione teoretica e riflessione storiografica, e dando voce ad autori come Tommaso d’Aquino, Hegel, Schelling, Gentile, Maritain, Bontadini, Severino, Putnam.

A new class of visuomotor neuron has been recently discovered in the monkey’s premotor cortex: mirror neurons. These neurons respond both when a particular action is performed by the recorded monkey and when the same action, performed by another individual, is observed. Mirror neurons appear to form a cortical system matching observation and execution of goal-related motor actions. Experimental evidence suggests that a similar matching system also exists in humans. What might be the functional role of this matching system? One (...) possible function is to enable an organism to detect certain mental states of observed conspecifics. This function might be part of, or a precursor to, a more general mind-reading ability. Two different accounts of mind-reading have been suggested. According to “theory theory‘, mental states are represented as inferred posits of a naive theory. According to “simulation theory‘, other people’s mental states are represented by adopting their perspective: by tracking or matching their states with resonant states of one’s own. The activity of mirror neurons, and the fact that observers undergo motor facilitation in the same muscular groups as those utilized by target agents, are findings that accord well with simulation theory but would not be predicted by theory theory. (shrink)

Who was Max Weber? How did he live? What were his dreams, desires and designs? What relationship existed between his life, his illness and his work? Why are his studies of capitalism and China still so important today? This book throws light on a problem-riddled Weber, a man lacerated by tragic contradictions, a great intellectual, nationalistic yet cosmopolitan. This investigation of his private life reveals a tender, impassioned man, who, at a time of overwhelming conflict, sought true life in love. (...) Whether Confucianism impeded the birth of modern capitalism in China remains a controversial issue. Equally problematic is the theory of the Calvinistic origins of European capitalism. Weber, however, answers both questions in an original manner, while also providing a lesson in methodology which remains unparalleled to date. A century after his death, Max Weber remains a controversial figure of political and social sciences. (shrink)

Concepts are the elementary units of reason and linguistic meaning. They are conventional and relatively stable. As such, they must somehow be the result of neural activity in the brain. The questions are: Where? and How? A common philosophical position is that all concepts—even concepts about action and perception—are symbolic and abstract, and therefore must be implemented outside the brain’s sensory-motor system. We will argue against this position using (1) neuroscientific evidence; (2) results from neural computation; and (3) results about (...) the nature of concepts from cognitive linguistics. We will propose that the sensory-motor system has the right kind of structure to characterise both sensory-motor and more abstract concepts. Central to this picture are the neural theory of language and the theory of cogs, according to which, brain structures in the sensory-motor regions are exploited to characterise the so-called “abstract” concepts that constitute the meanings of grammatical constructions and general inference patterns. (shrink)

In this article we provide a unifying neural hypothesis on how individuals understand the actions and emotions of others. Our main claim is that the fundamental mechanism at the basis of the experiential understanding of others' actions is the activation of the mirror neuron system. A similar mechanism, but involving the activation of viscero-motor centers, underlies the experiential understanding of the emotions of others.

Vittorio Cotesta's Eurasian Visions of the World traces the origin of the images of the world typical of the Graeco-Roman, Ancient Chinese and Medieval Islamic civilisations. Each of them had its own peculiar way of understanding the universe, life, death, society, power, humanity and its destiny. The comparative analysis carried out here suggests that they all shared a common human aspiration despite their differences: human being is unique; differences are details which enrich its image. Today, the traditions derived from (...) these civilisations are often in competition and conflict. Reference to a common vision of humanity as a shared universal entity should lead, instead, to a quest for understanding and dialogue. (shrink)

This study aimed at investigating depression, anxiety, and stress symptoms among healthcare workers and examine the role of expressive flexibility and context sensitivity as key components of resilience in understanding reported symptoms. We hypothesized a significant and different contribution of resilience components in explaining depression, anxiety, and stress. A total sample of 218 Italian healthcare workers participated in this study through an online survey during the lockdown, consequently to the COVID-19. The Depression Anxiety Stress Scales-21 was used to measure depression, (...) anxiety, and stress; the Flexible Regulation of Emotional Expression scale was used to measure the ability to enhance and suppress emotional expression; the Context Sensitivity Index was used to measure the ability to accurately perceive contextual cues and determine cue absence. Demographic and work-related data were also collected. DASS-21 cut-off scores were used to verify the mental status among the respondents. Correlational analyses examined relationships between DASS-21, FREE, and CSI, followed by three regression analyses with depression, anxiety, and stress as dependent variables, controlling for age, gender, and work experience. Enhancement and suppression abilities, cue presence, and cue absence served as independent variables. The results showed a prevalence of moderate to extremely severe symptoms of 8% for depression, 9.8% for anxiety, and 8.9% for stress. Results of correlational analysis highlighted that enhance ability was inversely associated with depression and stress. Suppression ability was inversely associated with depression, anxiety, and stress. The ability to perceive contextual cues was inversely associated with depression and anxiety. The regression analysis showed that the ability to enhance emotional expression was statistically significant to explain depression among healthcare workers. In predicting anxiety, age, and the ability to accurately perceive contextual cues and determine cue absence made substantial contributions as predictors. In the last regression model, age, work experience, and the ability to suppress emotional expression were significant predictors of stress. This study’s findings can help understand the specific contributions of enhancement and suppression abilities and sensitivity to stressor context cues in predicting depression, anxiety, and stress among healthcare workers. Psychological interventions to prevent burnout should consider these relationships. (shrink)

My initial scope will be limited: starting from a neurobiological standpoint, I will analyse how actions are possibly represented and understood. The main aim of my arguments will be to show that, far from being exclusively dependent upon mentalistic/linguistic abilities, the capacity for understanding others as intentional agents is deeply grounded in the relational nature of action. Action is relational, and the relation holds both between the agent and the object target of the action , as between the agent of (...) the action and his/her observer . Agency constitutes a key issue for the understanding of intersubjectivity and for explaining how individuals can interpret their social world. This account of intersubjectivity, founded on the empirical findings of neuroscientific investigation, will be discussed and put in relation with a classical tenet of phenomenology: empathy. I will provide an 'enlarged' account of empathy that will be defined by means of a new conceptual tool: the shared manifold of intersubjectivity. (shrink)