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 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)

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)

Plural Temporality traces out a dynamic historical relationship between the texts of Spinoza and of Althusser. It interrogates Spinoza's text through Althusser and vice versa regarding the question of materialism.

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)

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.

Combining theory from cognitive semantics and pragmatics, this book offers both a new model and a new usage-based method for the understanding of intersubjectivity, and how social cognition is expressed linguistically at different levels of complexity. Bringing together ideas from linguistics and theory of mind, Tantucci demonstrates the way in which speakers constantly monitor and project their interlocutor's reactions to what is being said, and sets out three distinct categories of social cognition in first language acquisition and language change. He (...) also shows how this model can be applied in different settings and includes a range of examples from languages across the globe, to demonstrate the cross-linguistic universality of the model. Additionally the book offers insights into the gradient dimension of intersubjectivity in language evolution and across the autistic spectrum. Original and innovative, it will be invaluable for researchers in cognitive linguistics, pragmatics, historical linguistics, applied linguistics and cognitive psychology. (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)

Scientific theories are pure theoretical models integrated by a categorical scaffolding. Marx built a pure theoretical model that he called the capitalist mode of production; the historicity of its categories expresses the modes of production from which the capitalist comes and others that followed different paths. It also implies the existence of social formations in which a dominant mode of production and dominated forms of production coexist. The agrarian community is the highest form reached in the community entity and from (...) it comes the peasant economic unit generated in the parcelling of the land during the ancient form and gestation of capitalism, which is why the construction of a peasant mode of production does not proceed. (shrink)