According to a well-established interpretive line, the Benthamic judge would be allowed no room for autonomous calculations of utility and his or her task would only be that of mechanically applying substantive law, which expresses the legislator's will. For Gerald Postema, in contrast, Bentham's judge would be granted ample power to decide cases by directly applying the principle of utility. This article criticizes both views, by showing that a adjudication was for Bentham utterly impossible, although this does not mean that (...) judges should be free to decide according to direct utility calculations. Judges must be the tutors of the citizens’ expectations, which, under a system of statute law, will focus on the code. However, they can avoid suboptimality in cases where applying a general rule would not maximize utility, without preponderant damage for law-induced expectations: Bentham's suggestion is that they do so by proposing amendments of the code to the legislature. (shrink)

“Nudging” is commonly seen as an appealing form of “Smart legislation” based on the findings of Behavioural sciences and alternative to traditional forms of regulation. However, notwithstanding the ever increasing references and a growing body of literature on its acceptability, a proper definition of the concept seems still lacking, since all the attempts to date have only provided over- or under-inclusive definitions. This chapter purports to offer a more plausible definition. Firstly, the received view and especially Thaler’s and Sunstein’s descriptions (...) of nudging will be examined and subjected to a first critical assessment. Secondly, a few examples will be made of policies enacted all around the world which are usually referred to as cases of nudging. Thirdly, some of the elements which have often been associated to nudging as its definitional features will be tested against the set of examples: such test will show that most of those elements must be done away with. Lastly, a “minimal” definition will be offered. While allowing us to distinguish nudging from other forms of conduct-influencing interventions, the minimal definition will exclude many features as its necessary conditions: among others, those related to specific ends and political ideologies. (shrink)

Central to the legal positivism of the nineteenth and the first half of the twentieth century was the dogma of the Ideal Legislator. Legal materials were to be interpreted as the work of an omniscient, coherent, consistent legislator. We argue that this dogma persists in the different guise of the competent speaker model, on which legal materials are the work of a competent speaker, who follows all the pertinent semantic and pragmatic rules. We will first lay out the Ideal Legislator (...) dogma as applied in legal interpretation, arguing that this dogma does not limit interpretive discretion but rather amplifies it by hiding it under the veil of an inexistent, purely instrumental rationality. We will then turn to the competent speaker model, showing that, despite its apparent neutrality, it proves to be a reincarnation of the Ideal Legislator dogma, for it, too, amplifies interpretive discretion, only it hides it under the veil of an inexistent, purely linguistic rationality. Finally, we will inquire into the different types of rationality and their relations, arguing that there is always a choice and value judgment involved in ascribing rationality to legislators, and that these choices and judgments need to be carefully inspected and normatively justified. (shrink)

Ratio Juris, Volume 35, Issue 1, Page 38-54, March 2022.

Following the XVIII century Declarations, rights have progressively occupied the whole space of legal, political and moral debate; with the UN’s Declaration of Human Rights, the language of rights has been established as a universal ground for expressing human needs and claims, despite allegations of Western ethnocentrism. Rights are an indispensable tool for expressing the value of human dignity, because they allow right-holders to claim certain actions as due to them: they endow the individuals with a moral authority, the absence (...) of which would dramatically impoverish moral discourse. However, 1) the abuse and uncontrolled proliferation of rights talk threatens such language with inflation. Moreover, 2) not all plausible moral concerns can be expressed in terms of rights, since rights presuppose an individualist anthropology and are particularly well-suited to situations in which individuals can be seen as both independent and equal: in situations where individuals depend on others and have little or no power of negotiation, values like respect and dignity cannot be adequately expressed by rights language. Finally, 3) if we reduce all moral discourse to rights talk, we are unable to ascribe the due importance to values like autonomy, which presuppose collective goods. A reasonable use of rights language would avoid such shortcomings, although this seems to conflict with the basic tenets of some so-called “right-based” ethical theories. (shrink)

We present a theory of truth in fiction that improves on Lewis's [1978] ‘Analysis 2’ in two ways. First, we expand Lewis's possible worlds apparatus by adding non-normal or impossible worlds. Second, we model truth in fiction as belief revision via ideas from dynamic epistemic logic. We explain the major objections raised against Lewis's original view and show that our theory overcomes them.

This book deals with some Peripatetic philosophers of the Hellenistic age who were direct and indirect pupils of Aristotle. The main focus of the book is Aristotle's school in the Hellenistic period, a subject not particularly explored by the scholars. Three main issues are addressed in the chapters of the book: the problem of knowledge, the question of time, and the doctrine of the soul. More specifically the topics addressed are: the problem of sense-perception and the method of multiple explanations (...) in the field of meteorology in Aristotle, Theophrastus and Epicurus, the epistemology of Strato, the notion of time in Eudemus and Strato, the conception of sleep in Clearchus, the doctrine of divination in Cratippus. Finally, the Appendix examines the probable influence of the physics of Strato on the medicine of Asclepiades of Bithynia. These themes are investigated by comparing the positions of the Peripatetics with Aristotle's philosophy, but above all by contextualising the doctrines of the Peripatetics within the broader framework of Hellenistic philosophies. (shrink)

Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig and Miranda (...) Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)

In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of pragmatic genealogy (...) as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

According to the doctrine of the guise of the good, all that is desired is seen by the subject as good to some extent. As a claim about action, the idea is that intentional action, or acting for a reason, is action that is seen as good by the agent. I explore the thesis' main attractions: it provides an account of intentional behavior as something that makes sense to the agent, it paves the way for various views in meta-ethics and (...) normative ethics, and it offers a unified account of practical and theoretical reason. In response to common objections, I examine points of current debate: what is it for something to appear as good? Is value or normative reasons the basic concept at work? How to explain akrasia, perversity in action, and expressive action? I conclude with an overview of alternatives to the guise of the good. (shrink)

Typical presentism asserts that whatever exists is present. Moderate presentism more modestly claims that all events are present and thus acknowledges past and future times understood in a substantivalist sense, and past objects understood, following Williamson, as “ex-concrete.” It is argued that moderate presentism retains the most valuable features of typical presentism, while having considerable advantages in dealing with its most prominent difficulties.

It is well-known that versions of the lottery paradox and of the preface paradox show that the following three principles are jointly inconsistent: (Sufficiency) very probable propositions are justifiably believable; (Conjunction Closure) justified believability is closed under conjunction introduction; (No Contradictions) propositions known to be contradictory are not justifiably believable. This paper shows that there is a hybrid of the lottery and preface paradoxes that does not require Sufficiency to arise, but only Conjunction Closure and No Contradictions; and it argues (...) that, given any plausible solution to this paradox, if one is not ready to deny Conjunction Closure (and analogous consistency principles), then one must endorse the thesis that justified believability is factive. (shrink)

A version of Bradley's regress can be endorsed in an effort to address the problem of the unity of states of affairs or facts, thereby arriving at a doctrine that I have called fact infinitism . A consequence of it is the denial of the thesis, WF, that all chains of ontological dependence are well-founded or grounded. Cameron has recently rejected fact infinitism by arguing that WF, albeit not necessarily true, is however contingently true. Here fact infinitism is supported by (...) showing that Cameron's argument for the contingent truth of WF is unsuccessful. (shrink)

Pragmatic vindicatory genealogies provide both a cause and a rationale and can thus affect the space of reasons. But how far is the space of reasons affected by this kind of genealogical argument? What normative and evaluative implications do these arguments have? In this paper, I unpack this issue into three different sub-questions and explain what kinds of reasons they provide, for whom are these reasons, and for what. In relation to this final sub-question I argue, most importantly, that these (...) arguments are ambiguous about what they give us reasons for, meaning that they can be interpreted both as justifications for recognizing the normative standing of certain norms, values, and practices - and thus for living by them - and as excuses for those that do so. I illustrate this point by reference to the genealogical vindication of honour cultures, showing how the vindicatory argument can illuminate such case as one of excusing moral ignorance. Drawing on legal theory and moral philosophy, I show that different evaluative and normative implications hang on the result of the interpretation as either justification or excuse, and show that this ambiguity is a virtue rather than a limitation. (shrink)

La Jetée is a Chris Marker movie composed by still images, photographs, with the exception of a very short sequence. The paper aims to account for the experience of temporality induced by photography, framing the structural analysis of the movie in a phenomenological horizon, in particular with regard to the Husserlian’s notion of “Living Present”.

I discuss paradoxes of implication in the setting of a proof-conditional theory of meaning for logical constants. I argue that a proper logic of implication should be not only relevant, but also constructive and nonmonotonic. This leads me to select as a plausible candidate LL, a fragment of linear logic that differs from R in that it rejects both contraction and distribution.

States of affairs involving a non-symmetric relation such as loving are said to have a relational order, something that distinguishes, for instance, Romeo’s loving Juliet from Juliet’s loving Romeo. Relational order can be properly understood by appealing to o-roles, i.e., ontological counterparts of what linguists call thematic roles, e.g., agent, patient, instrument, and the like. This move allows us to meet the appropriate desiderata for a theory of relational order. In contrast, the main theories that try to do without o-roles, (...) proposed by philosophers such as Russell, Hochberg, and Fine, are in trouble with one or another of these desiderata. After discussing some alternatives, it is proposed that o-roles are best viewed as very generic properties characterizable as ways in which objects jointly exemplify a relation. This makes for exemplification relations understood as complex entities having o-roles as building blocks. (shrink)

In this paper I argue that Bykvist’s recent challenges to the fitting-attitude account of value (FA) can be successfully met. The challenge from solitary goods claims that FA cannot account for the value of states of affairs which necessarily rule out the presence of favouring subjects. I point out the modal reasons why FA can account for solitary goods by appealing to contemplative attitudes. Bykvist’s second challenge, the ‘distance problem’, questions the ability of FA to match facts about the intensity (...) of fitting attitudes and facts about value, particularly in the case of solitary goods. I argue that this challenge can be met by including the notion of a veil of ignorance in the formulation of FA, and understanding its role as bracketing the relevance of certain facts when determining the fittingness of attitudes to states of affairs. (shrink)

A version of Bradley's regress can be endorsed in an effort to address the problem of the unity of states of affairs or facts, thereby arriving at a doctrine that I have called fact infinitism. A consequence of it is the denial of the thesis, WF, that all chains of ontological dependence are well‐founded or grounded. Cameron has recently rejected fact infinitism by arguing that WF, albeit not necessarily true, is however contingently true. Here fact infinitism is supported by showing (...) that Cameron's argument for the contingent truth of WF is unsuccessful. (shrink)

In a famous and controversial paper, B. H. Slater has argued against the possibility of paraconsistent logics. Our reply is centred on the distinction between two aspects of the meaning of a logical constant *c* in a given logic: its operational meaning, given by the operational rules for *c* in a cut-free sequent calculus for the logic at issue, and its global meaning, specified by the sequents containing *c* which can be proved in the same calculus. Subsequently, we use the (...) same strategy to counter Quine's meaning variance argument against deviant logics. In a nutshell, we claim that genuine rivalry between (similar) logics *L* and *L'* is possible whenever each constant in *L* has the same operational meaning as its counterpart in *L'* although differences in global meaning arise in at least one case. (shrink)

Kant’s view of human beings is, as much of his philosophy, notoriously based on the dichotomy between the phenomenal and the noumenal world. This dichotomy digs a rift across human nature by separating the animal and the rational parts of it, their heteronomous and autonomous components, their sense of duty and their self-love. Human beings, for Kant, inhabit both worlds. On the one hand, even if we agree with Kant that the fundamental moral norms are constitutive of our rational and (...) autonomous agency and therefore inescapable, it remains unclear whether and how far these norms can motivate finite and heteronomous human beings, normally concerned with their own ends, interests and inclinations. On the other hand, although moral actions may express who we really are as rational beings, they may nonetheless leave us with an unfulfilled but legitimate need to reconcile morality with our own ends as finite, animal beings, inevitably concerned with living our own lives. Sasha Mudd described these phenomena as two forms of alienation: moral alienation (the estrangement of the heteronomous agent, motivated by happiness and inclinations, from a morality perceived as alien, foreign, and hardly motivating) and practical alienation (the estrangement of the autonomous moral agent from her empirical and heteronomous dimension – her projects, desires, aspirations, inclinations, and so on). On Mudd’s account, Kant successfully escape the first kind of alienation through his doctrine of respect. Here I argue, contra Mudd, that there are at least two ways in which Kant leaves moral agents alienated from morality itself. (shrink)

For four decades, research on the role and responsibilities of business in society has centered on the business case for corporate social responsibility (CSR) and an increasing number of studies on the corporate social performance (CSP)—corporate financial performance (CFP) link emerged leading to controversial results. Heeding the call for a deeper understanding of the mechanisms linking certain CSR efforts to certain performance outcomes, this study provides a stakeholder-based organizing framework rooted in an extensive review of existing literature on the link (...) between CSP and CFP. In so doing, we aim at guiding research and practice toward less simplistic understandings of the CSP–CFP connection, thus advancing the debate over the consequences of voluntary integrating CSR into business operations and into relationships with stakeholders. By disentangling specific drivers and outcomes of the CSP–CFP link, we underline the importance of setting clear boundaries and specifying levels of analysis to generate comparable results. (shrink)

Negli ultimi due anni sono stati pubblicati due importanti libri sul progresso morale: 'Moral Progress' di Philp Kitcher e 'A Better Ape' di Victor Kumar e Richmond Campbell. In questa nota critica, recensisco entrambi i libri e problematizzo il modo in cui cercano rispettivamente di legare tra loro il tema del progresso morale con la teoria dell'evoluzione.

Se la tradizione continentale, da Nietzsche a Foucault, ha sottolineato le implicazioni critiche e destabilizzanti del metodo genealogico, gli approcci analitici hanno dimostrato che esso può anche offrire sostegno ai propri oggetti di indagine: norme comportamentali, pratiche, concetti e così via. Un resoconto genealogico, per esempio, può avere un carattere giustificativo quando individua una relazione funzionale necessaria tra il concetto o la pratica in esame e bisogni umani abbastanza fondamentali. La questione che voglio affrontare riguarda le presunte capacità giustificative di (...) questo tipo di spiegazioni genealogiche. In che misura modificano davvero lo spazio delle ragioni? Sostengo che la loro portata normativa e valutativa è variabile e che l'esame di alcuni casi limite aiuta a dimostrarlo. Più specificamente, ritengo che in alcuni casi le ragioni offerte attraverso queste spiegazioni siano ragioni non tanto per giustificare l'uso di certi concetti o pratiche, quanto per giustificare coloro che li vivono. (shrink)

Towards biodeconstruction -- Between life and death: différance -- The absolute programme -- The text and the living -- Between life and death: the bond -- Beyond life death: autoimmunity -- Living on: the arche-performative.

This paper discusses Habermas’s argument that justice requires solidarity as its ‘reverse side’, whereby the former provides the necessary global framework for establishing intersubjective solidarity whilst the latter constitutes an important precondition for igniting social and political change in the direction of social justice. In this paper I argue that such a paradigm of reciprocity might be fruitfully complemented by a less apparent yet substantial nexus: that between solidarity and perceived injustice, which I contend also triggers the emergence of solidarity. (...) Drawing from Arendt’s thematisation of solidarity as a principle that stems from human suffering and recent scholarship on transitional post-conflict justice, I analyse the negative and reactive aspect of solidarity and the role of negative emotions in its emergence. (shrink)

We consider the class of pointed varieties of algebras having a lattice term reduct and we show that each such variety gives rise in a natural way, and according to a regular pattern, to at least three interesting logics. Although the mentioned class includes several logically and algebraically significant examples (e.g. Boolean algebras, MV algebras, Boolean algebras with operators, residuated lattices and their subvarieties, algebras from quantum logic or from depth relevant logic), we consider here in greater detail Abelian ℓ-groups, (...) where such logics respectively correspond to: i) Meyer and Slaney’s Abelian logic [31]; ii) Galli et al.’s logic of equilibrium [21]; iii) a new logic of “preservation of truth degrees”. (shrink)

Russell’s type theory has been the standard property theory for years, relying on rigid type distinctions at the grammatical level to circumvent the paradoxes of predication. In recent years it has been convincingly argued by Bealer, Cochiarella, Turner and others that many linguistic and ontological data are best accounted for by using a type-free property theory. In the spirit of exploring alternatives and “to have as many opportunities as possible for theory comparison”, this paper presents another type-free property theory, to (...) be called P*, intended for applications in Montague-style natural language semantics and formal ontology. The theory is philosophically grounded on Gupta’s and Belnap’s revision theory of definitions and its basic idea is viewing predication (exemplification) as a ‘circular concept’ that can be captured by circular definitions. The paper has the following fourteen sections: (1) Introduction; (2) Formal type-free property theory; (3) Applying RTD [revision theory of definitions] to exemplification; (4) The system P*; (5) Some features of P*; (6) A comparison with Turner’s system; (7) Entailment and P*; (8) P* and natural language semantics; (9) Noun phrases; (10) The need for type-freedom in semantics; (11) Arithmetic in P*; (12) Arithmetic in PN*; (13) Complexity of P*; (14) Conclusion, and acknowledgments. (shrink)

It is customary in current philosophy of time to distinguish between an A- (or tensed) and a B- (or tenseless) theory of time. It is also customary to distinguish between an old B-theory of time, and a new B-theory of time. We may say that the former holds both semantic atensionalism and ontological atensionalism, whereas the latter gives up semantic atensionalism and retains ontological atensionalism. It is typically assumed that the B-theorists have been induced by advances in the philosophy of (...) language and related A-theorists’ criticisms to acknowledge that semantic atensionalism can hardly stand, but have also maintained that what is essential for the B-theory is ontological atensionalism, which can be independently defended. Here it is argued that the B-theorists have been too quick in abandoning semantic atensionalism: they can still cling to it. (shrink)

Corporate social responsibility (CSR) is becoming a mainstream issue as both researchers and managers are realizing its importance, but knowledge gaps persist. In particular, the processes underlying the adoption of responsible managerial practices and the effects associated with them are still at the centre of intense debate. Not surprisingly, managers expect formalized procedures that might influence corporate managerial processes and especially corporate strategies. Given the growing emphasis on the integration of CSR into corporate strategy, the purpose of this qualitative study (...) is to explore the antecedents of this process and the dynamics underlying it. We focus on a medium-sized, family-owned Italian company, SABAF SpA. We find that: the beliefs and value systems of entrepreneurs play a fundamental role in shaping a sustainable corporate strategy; the importance of the relationship between social performance and financial performance depends to some extent on the kind of competitive strategy that a company has selected; and people need to be aware of it – that is, CSR strategies must be explicit and codified into specific managerial procedures. (shrink)

Corporate social responsibility (CSR) is becoming a mainstream issue as both researchers and managers are realizing its importance, but knowledge gaps persist. In particular, the processes underlying the adoption of responsible managerial practices and the effects associated with them are still at the centre of intense debate. Not surprisingly, managers expect formalized procedures that might influence corporate managerial processes and especially corporate strategies. Given the growing emphasis on the integration of CSR into corporate strategy, the purpose of this qualitative study (...) is to explore the antecedents of this process and the dynamics underlying it. We focus on a medium-sized, family-owned Italian company, SABAF SpA. We find that: the beliefs and value systems of entrepreneurs play a fundamental role in shaping a sustainable corporate strategy; the importance of the relationship between social performance and financial performance depends to some extent on the kind of competitive strategy that a company has selected; and people need to be aware of it – that is, CSR strategies must be explicit and codified into specific managerial procedures. (shrink)

In the tradition of substructural logics, it has been claimed for a long time that conjunction and inclusive disjunction are ambiguous:we should, in fact, distinguish between ‘lattice’ connectives (also called additive or extensional) and ‘group’ connectives (also called multiplicative or intensional). We argue that an analogous ambiguity affects the quantifiers. Moreover, we show how such a perspective could yield solutions for two well-known logical puzzles: McGee’s counterexample to modus ponens and the lottery paradox.

Journal Name: Semiotica Issue: Ahead of print.

Authors have paid considerable attention to how to define the meaningful work construct. This has led to providing comprehensive definitions in the light of different theoretical frameworks that reflect a degree of contestation within the field. Several of them have proposed definitions linked to the individuals’ pervasive sense of the value of their work. Others have offered descriptions centred on their temporal, episodic nature and emphasising the individual’s occasional work experience. These definitions reflected a potential temporal condition as well as (...) the variety of time perspectives underpinning the authors’ conceptualizations of the construct. This paper conducted a broad literature review to analyse works which have adopted a temporal framework or supported a time-based definition of the construct. The analysis indicates two different conceptualizations of the construct: as a permanent/steady mindset and as a changeable/episodic experience. As a reflective paper, the present contribution develops an overall framework for views and theories on meaningful work. It reports a critical review on the matter to elevate understanding of meaningful work for further research and applied implications in work and organizational studies. (shrink)

This paper intends to verify the extent and effectiveness of the transforming appropriation of the Derridean concept of ‘differance’ by Stiegler with respect to the problems that, according to Stiegler, make this creative critical operation necessary; in particular with respect to the most recent question concerning the possibility of thinking about and putting into practice a ‘neganthropological différance’ capable of facing the ecological crisis that today seems to threaten the very existence of life on earth. The paper goes back to (...) Technics and Time 1. to analyze the distinction between ‘vital difference’ and ‘noetic difference’ that constitutes the condition of possibility of the ‘neganthropological différance.’ In this perspective, the distinction proposed by Stiegler seems to re-propose the hierarchically oriented oppositional structure that characterizes metaphysical thought and in particular the opposition between man and animal, attributing to the human being the ability to free himself from the constraints of his biological-natural condition. Finally, the paper attempts to account for the repercussions of this approach on the very possibility of an effective response to the ecological crisis, concluding with a provocation regarding the role that theory can and must play with regard to such an urgent and far-reaching problem. (shrink)