This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...) this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

The dialogue focuses on the major issues of the contemporary theoretical debate on judicial review and the Supreme Court's role in American constitutional democracy. The discussion begins with the US Supreme Court's case Hamdan v. Rumsfeld, successfully argued by Prof. Katyal last year, and covers important issues such as the separation and balance of powers after 9/11, the legitimacy of the laws of terror, the relation between US constitutional law and foreign law, the counter‐majoritarian difficulties posed by the exercise of (...) judicial review, and the legal academy's influence on legal practice. (shrink)

In this paper, we provide an analysis of the concept of legal personality and discuss whether personality may be conferred on artificial intelligence systems (AIs). Legal personality will be presented as a doctrinal category that holds together bundles of rights and obligations; as a result, we first frame it as a node of inferential links between factual preconditions and legal effects. However, this inferentialist reading does not account for the ‘background reasons’ of legal personality, i.e., it does not explain why (...) we cluster different situations under this doctrinal category and how extra-legal information is integrated into it. We argue that one way to account for this background is to adopt a neoinstitutional perspective and to update the ontology of legal concepts with a further layer, the meta-institutional one. We finally argue that meta-institutional concepts can also support us in finding an equilibrium around the legal-policy choices that are involved in including (or not including) AIs among legal persons. (shrink)

1. La trasformazione dei principi di legittimazione degli ordinamenti giuridici contemporanei -- 2. I mutamenti nel sistema giuridico -- 3. Analisi del linguaggio giuridico, legistica e legimatica -- 4. I diritti difficili nel sistema giuridico.

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

What is at stake in literature? Can we identify the fire that our stories have lost, but that they strive, at all costs, to rediscover? And what is the philosopher's stone that writers, with the passion of alchemists, struggle to forge in their word furnaces? For Giorgio Agamben, who suggests that the parable is the secret model of all narrative, every act of creation tenaciously resists creation, thereby giving each work its strength and grace. The ten essays brought together (...) here cover works by figures ranging from Aristotle to Paul Klee and illustrate what urgently drives Agamben's current research. As is often the case with his writings, their especial focus is the mystery of literature, of reading and writing, and of language as a laboratory for conceiving an ethico-political perspective that places us beyond sovereign power. (shrink)

Homo sacer : sovereign power and bare life -- State of exception -- Stasis : civil war as a political paradigm -- The sacrament of language : an archaeology of the oath -- The kingdom and the glory : for a theological genealogy of economy and government -- Opus Dei : an archaeology of duty -- Remnants of Auschwitz : the witness and the archive -- The highest poverty : monastic rules and form-of-life -- The use of bodies.

The work of Giorgio Agamben, one of Italy's most important and original philosophers, has been based on an uncommon erudition in classical traditions of philosophy and rhetoric, the grammarians of late antiquity, Christian theology, and modern philosophy. Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it. In Homo Sacer, Agamben aims to connect the problem (...) of pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault's fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle's notion of man as a political animal, and throughout the history of Western thinking about sovereignty, a notion of sovereignty as power over "life" is implicit. The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt's idea of the sovereign's status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective "naked life" of all individuals. (shrink)

Some arguments against the assumption that ordinary people may share common knowledge are sound. The apparent cost of such arguments is the rejection of scientific theories that appeal to common knowledge. My proposal is to accept the arguments without rejecting the theories. On my proposal, common knowledge is shared by ideally rational people, who are not just mathematically simple versions of ordinary people. They are qualitatively different from us, and theorizing about them does not lead to predictions about our behavior. (...) Nevertheless, models of action that assume common knowledge have a role to play in our understanding of collective rationality. (shrink)

La causa e la colpa -- Crimen e karman -- Le aporie della volontà -- Al di là dell'azione.

The Latin text and the translation of The Conspiracy of the Prince of Macchia -- The making of the narration -- Authorities and documents of the narrative.

For various reasons, that will be recalled and analysed throughout this paper, interdisciplinarity has become the keyword for any debate on legal education reform. However, what is meant by interdisciplinarity and how it should be achieved is open for discussion. Paradigms of “scientificity” of the law vary dramatically among legal cultures. Whereas in the US the advent of a more ‘substantial’ legal thought after the New Deal went hand in hand with the rise of the interdisciplinary paradigm, in Europe the (...) traditional assumption of law’s autonomy has repeatedly been challenged, eroded and adapted, but it still represents the bulwark of the orthodox approach to law and legal scholarship. In the Continent, mainstream legal scholarship does not take as its object the social reality, but only the gamut of rules recognized as binding norms. Coherent with this approach is a model of legal education built around certain axioms, such as the statist and nationalist attitude, the extreme compartmentalization among the various branches of law, and the blindness to its surroundings. Comparative law is one of the few disciplines that provide a different role model for a legal scholar who is apt to confront the challenges of complex societies. Keeping at a reasonable distance the authority paradigm, embodying the spirit of enquiry and cherishing the values of pluralism (both in terms of legal pluralism and cognitive openness), comparativists may give specific content to the paradigm of the jurist as a social engineer. Comparative law may therefore offer an invaluable contribution to the debate on legal education reform. (shrink)

In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Why has power in the West assumed the form of an "economy," that is, of a government of men and things? If power is essentially government, why does it need glory, that is, the ceremonial and liturgical apparatus that has always accompanied it? In the early centuries of the Church, in order to reconcile monotheism with God's threefold nature, the doctrine of Trinity was introduced in the guise of an economy of divine life. It was as if the Trinity amounted (...) to nothing more than a problem of managing and governing the heavenly house and the world. Agamben shows that, when combined with the idea of providence, this theological-economic paradigm unexpectedly lies at the origin of many of the most important categories of modern politics, from the democratic theory of the division of powers to the strategic doctrine of collateral damage, from the invisible hand of Smith's liberalism to ideas of order and security. But the greatest novelty to emerge from _The Kingdom and the Glory _ is that modern power is not only government but also glory, and that the ceremonial, liturgical, and acclamatory aspects that we have regarded as vestiges of the past actually constitute the basis of Western power. Through a fascinating analysis of liturgical acclamations and ceremonial symbols of power—the throne, the crown, purple cloth, the Fasces, and more—Agamben develops an original genealogy that illuminates the startling function of consent and of the media in modern democracies. With this book, the work begun with _Homo Sacer_ reaches a decisive point, profoundly challenging and renewing our vision of politics. (shrink)

Giorgio Agamben's Homo Sacer was one of the seminal works of political philosophy in recent decades. It was also the beginning of a series of interconnected investigations of staggering ambition and scope, investigating the deepest foundations of Western politics and thought. The Use of Bodies represents the ninth and final volume in this twenty-year undertaking, breaking considerable new ground while clarifying the stakes and implications of the project as a whole. It comprises three major sections. The first uses Aristotle's (...) discussion of slavery as a starting point for radically rethinking notions of selfhood; the second calls for a complete reworking of Western ontology; and the third explores the enigmatic concept of "form-of-life," which is in many ways the motivating force behind the entire Homo Sacer project. Interwoven between these major sections are shorter reflections on individual thinkers, while the epilogue pushes toward a new approach to political life that breaks with the destructive deadlocks of Western thought. The Use of Bodies represents a true masterwork by one of our greatest living philosophers. (shrink)

This volume constitutes the largest collection of writings by the Italian philosopher Giorgio Agamben hitherto published in any language and all but one appear in English for the first time. The essays consider figures in the history of philosophy (Plato, Plotinus, Spinoza, Hegel) and twentieth-century thought (Walter Benjamin, Heidegger, Derrida, Deleuze, the historian Aby Warburg, and the linguist J.-C. Milner). They also examine several central concerns of Agamben: the relation of linguistic and metaphysical categories; messianism in Islamic, Jewish, and (...) Christian theology; and the state and future of contemporary politics. Despite the diversity of the texts collected here, they show a consistent concern for a set of overriding philosophical themes concerning language, history, and potentiality. (shrink)

Predicates such as tall or to know Latin, which intuitively denote permanent properties, are called individual-level predicates. Many peculiar properties of this class of predicates have been noted in the literature. One such property is that we cannot say #John is sometimes tall. Here is a way to account for this property: this sentence sounds odd because it triggers the scalar implicature that the alternative John is always tall is false, which cannot be, given that, if John is sometimes tall, (...) then he always is. This intuition faces two challenges. First: this scalar implicature has a weird nature, since it must be surprisingly robust (otherwise, it could be cancelled and the sentence rescued) and furthermore blind to the common knowledge that tallness is a permanent property (since this piece of common knowledge makes the two alternatives equivalent). Second: it is not clear how this intuition could be extended to other, more complicated properties of individual-level predicates. The goal of this paper is to defend the idea of an implicature-based theory of individual-level predicates by facing these two challenges. In the first part of the paper, I try to make sense of the weird nature of these special mismatching implicatures within the recent grammatical framework for scalar implicatures of Chierchia (Structures and beyond, 2004) and Fox (2007). In the second part of the paper, I show how this implicature-based line of reasoning can be extended to more complicated properties of individual-level predicates, such as restrictions on the interpretation of their bare plural subjects, noted in Carlson (Reference to kinds in English. Doctoral dissertation, University of Massachusetts at Amherst, 1977), Milsark (Linguistic Analysis 3.1: 1–29, 1977), and Fox (Natural Language Semantics 3: 283–341, 1995); restrictions on German word order, noted in Diesing (Indefinites, 1992); and restrictions on Q-adverbs, noted in Kratzer (The Generic Book, ed. Carlson and Pelletier, 125–175, 1995). (shrink)

Arguing that Western power is both "government" and "glory," this book reveals the "theological-economic" paradigm at the origin of several of the most important components of modern politics and illuminates the function of consent and the ...

Parthood and composition are everywhere. The leg of a table is part of the table, the word "Christmas" is part of the sentence "I wish you a merry Christmas", the 13th century is part of the Middle Ages. The Netherlands, Belgium, and Luxembourg compose Benelux, the body of a deer is composed of a huge number of cells, the Middle Ages are composed of the Early Middle Ages, High Middle Ages, and Late Middle Ages. Is there really a general theory (...) covering every instance of parthood and composition? Is classical mereology this general theory? Are its seemingly counter-intuitive features serious defects? -/- Mereology: A Philosophical Introduction addresses the multifaceted and lively philosophical debates surrounding these questions, and defends the idea that classical mereology is indeed the general and exhaustive theory of parthood and composition in the domain of concrete entities. -/- Several examples of parthood and composition, involving entities of different kinds, are scrutinised in depth. Incidentally, mereology is shown to interact in a surprising way with metaontology. Presenting a well-organized and comprehensive discussion of parthood and related notions, Mereology: A Philosophical Introduction contributes to a better understanding of a subject central to contemporary metaphysics. (shrink)

This work aims to study strategies used in Argentine local development experiences, focussing on industrial design, marketing and entrepreneurship. In order to this purpose, backgrounds are analysed with this approach adding the study of three strategic plans for national and provincial-level that are currently in force. With the analysis of the transport system in the last decade, an accelerated cost increase is evident, resulting in a relatively higher price of distributed products. This situation that was initially perceived as a disadvantage (...) finally set up an opportunity to produce locally. The goal of this paper is to provide tools that contribute to the work shipped by key institutions for local development (public, private and intermediary organisations), and the way these interact with the actors and the territory. In particular, the identification of productive sectors and the selection of goods that can be produced and consumed locally, as a key input for the formulation of projects. (shrink)

In this book the Italian philosopher Giorgio Agamben looks closely at the literature of the survivors of Auschwitz, probing the philosophical and ethical questions raised by their testimony."In its form, this book is a kind of perpetual commentary on testimony. It did not seem possible to proceed otherwise. At a certain point, it became clear that testimony contained at its core an essential lacuna; in other words, the survivors bore witness to something it is impossible to bear witness to. (...) As a consequence, commenting on survivors' testimony necessarily meant interrogating this lacuna or, more precisely, attempting to listen to it. Listening to something absent did not prove fruitless work for this author. Above all, it made it necessary to clear away almost all the doctrines that, since Auschwitz, have been advanced in the name of ethics."--Giorgio Agamben. (shrink)

Humor has been praised by philosophers and poets as a balm to soothe the sorrows that outrageous fortune's slings and arrows cause inevitably, if not incessantly, to each and every one of us. In mundane life, having a sense of humor is seen not only as a positive trait of character, but as a social prerequisite, without which a person's career and mating prospects are severely diminished, if not annihilated. However, humor is much more than this, and so much else. (...) In particular, humor can accompany cruelty, inform it, sustain it, and exemplify it. Therefore, in this book, we provide a comprehensive, reasoned exploration of the vast literature on the concepts of humor and cruelty, as these have been tackled in Western philosophy, humanities, and social sciences, especially psychology. Also, the apparent cacophony of extant interpretations of these two concepts is explained as the inevitable and even useful result of the polysemy inherent to all common-sense concepts, in line with the understanding of concepts developed by M. Polanyi in the 20th century. Thus, a thorough, nuanced grasp of their complex mutual relationship is established, and many platitudes affecting today's received views, and scholarship, are cast aside. (shrink)

The inquiry into the nature of archaeology and its theoretical presuppositions leads to unexpected results. The question about its nature is a question about distinctiveness: what is unique about the discipline that sets it apart from the others? The question about theoretical presuppositions relates to the conditions that make this distinctiveness possible: what is the frame of reference within which such uniqueness can best be understood? Unexpected results emerge when one sees archaeological reason emerge as an independent dimension of human (...) reason and become a mode of thought. As such, it affects the way in which we view reality, so that the theoretical presuppositions loom even larger, and require a correspondingly fuller elaboration. (shrink)