The paper concerns the following two questions: (i) is the general exclusive norm a proper legal norm? (ii) if the general exclusive norm is a proper legal norm, is it universally valid? It will be held that the general exclusive norm is a proper legal norm and not a logical principle. Therefore, as a legal norm, it can be said to be valid or invalid. The answer to the second question will be negative: the general exclusive norm, as a proper (...) legal norm, is valid only in those legal systems in which it is positively established. (shrink)

Vi sono varie forme di impossibilità normativa. Una prima forma si incontra quando un fatto naturale al quale il diritto attribuisce un significato normativo è impossibile. Una seconda consiste nell’impossibilità di un atto o fatto la quale derivi dalla presenza o assenza di una norma. Vi è poi una terza forma di impossibilità normativa che si incontra quando si afferma che da una certa realtà oggetto di normazione derivano necessariamente limiti all’attività di normazione stessa. Di una quarta forma si può (...) parlare quando ci si riferisce a un’impossibilità derivante dalle specifiche relazioni che intercorrono tra norme di un sistema normativo dinamico. Le forme di impossibilità normativa sono indagate, nei contributi raccolti in questo volume, da diverse angolazioni: la filosofia del diritto, la filosofia morale, la logica, la filosofia della conoscenza, la scienza del diritto penale. (shrink)

The doctor-patient relationship is built on an implicit covenant of trust, yet it was not until the post-World War Two era that respect for patient autonomy emerged as an article of mainstream medical ethics. Unlike their medical forebears, physicians today are expected to furnish patients with adequate information about diagnoses, prognoses and treatments. Against these dicta there has been ongoing debate over whether placebos pose a threat to patient autonomy. A key premise underlying medical ethics discussion is the notion that (...) the placebo effect necessitates patient deception. Indeed, the American Medical Association guidelines imply that placebo treatment necessary entails a form of deception. As a consequence of this assumption, the fulcrum of debate on the use of placebo treatment has hinged on whether that deception is ever justified. Recently performed experiments with open-label transparently prescribed placebos have begun to challenge the notion that deception is necessary in eliciting the placebo effect and such effects necessarily involve a binary distinction between autonomy and beneficence. In this article we focus on the content of disclosures in distinctive open-label, transparently disclosed placebo studies and inquire whether they might be said to invoke deception in clinical contexts, and if so, whether the deception is unethical. We find that open placebos may be said to involve equivocation over how placebos work. However, drawing on surveys of patient attitudes we suggest that this equivocation appears to be acceptable to patients. We conclude that open placebos fulfil current American Medical Association guidelines for placebo use, and propose future research directions for harnessing the placebo effect ethically. (shrink)

Aim of the paper is contributing to a context-informed understanding of Fichte’s theory of conscience. This crucial element in his moral philosophy (and, in fact, in his whole philosophy) represents the last of the many significant accounts of conscience in the 18th century, before in the following century the role of conscience in moral life was repeatedly put into question. Accordingly, in my paper I argue that: (1) Fichte puts forward an un-Kantian account of conscience, following, instead, a quite different (...) model; (2) Fichte’s views on conscience grew out of a complex conceptual milieu, from which Fichte borrows important (quasi-)sentimentalist elements; (3) Fichte’s idea of the infallibility of conscience must be distinguished from other similar views put forward in the same years. (shrink)

Transhumanism and Gnosis: A Parallelism The aim of this paper is to draw a parallel between the phenomenon of gnosis and transhumanism together with its ultimate version, posthumanism. After some methodological clarifications, the paper focuses on four confrontational axes: self-recognition, cosmic and anthropological dualism, the meaning of morality, death and suffering, and finally the promise of salvation. Finally, the two doctrines are framed within the context of the Gnostic revolution, emphasizing the sense of uprootedness and post-modernity to explain the resurgence (...) of these phenomena. (shrink)

The five-volume set Kant and Philosophy in a Cosmopolitan Sense contains the proceedings of the Eleventh International Kant Congress, which took place in Pisa in 2010. The proceedings consist of 25 plenary talks and 341 papers selected by a team of international referees from over 700 submissions. The contributions span 14 sections: Kant’s Concept of Philosophy; Theory of Cognition and Logic; Ontology and Metaphysics; Ethics; Law and Justice; Religion and Theology; Aesthetics; Anthropology and Psychology; Politics and History; Science, Mathematics, and (...) the Philosophy of Nature; Kant and the Leibnizian Tradition; Kant and the Philosophical Tradition; Kant and Schopenhauer; and Kant’s Heritage. Thanks to cooperation from the Schopenhauer Gesellschaft, the 2010 conference was the first in the history of the International Kant Congress to include a session on Kant and Schopenhauer. -/- . (shrink)

Placebos are often used by clinicians, usually deceptively and with little rationale or evidence of benefit, making their use ethically problematic. In contrast with their typical current use, a provocative line of research suggests that placebos can be intentionally exploited to extend analgesic therapeutic effects. Is it possible to extend the effects of drug treatments by interspersing placebos? We reviewed a database of placebo studies, searching for studies that indicate that placebos given after repeated administration of active treatments acquire medication-like (...) effects. We found a total of 22studies in both animals and humans hinting of evidence that placebos may work as a sort of dose extender of active painkillers. Wherever effective in relieving clinical pain, such placebo use would offer several advantages. First, extending the effects of a painkiller through the use of placebos may reduce total drug intake and side effects. Second, dose-extending placebos may decrease patient dependence. Third, using placebos along with active medication, for part of the course of treatment, should limit dose escalation and lower costs. Importantly, provided that nondisclosure is pre-authorized in the informed consent process and that robust evidence indicates therapeutic benefit comparable to that of standard full-dose therapeutic regimens, introducing dose-extending placebos into the clinical arsenal should be considered. This novel prospect of placebo use has the potential to change our general thinking about painkiller treatments, the typical regimens of painkiller applications, and the ways in which treatments are evaluated. (shrink)

It has been presumed within bioethics that the benefits and risks of treatments can be assessed independently of information disclosure to patients as part of the informed consent process. Research on placebo and nocebo effects indicates that this is not true for symptomatic treatments. The benefits and risks that patients experience from symptomatic treatments can be shaped powerfully by information about these treatments provided by clinicians. In this paper we discuss the implications of placebo and nocebo research for risk–benefit assessment (...) and informed consent. (shrink)

Paraconsistent Weak Kleene logic is the 3-valued logic with two designated values defined through the weak Kleene tables. This paper is a first attempt to investigate PWK within the perspective and methods of abstract algebraic logic. We give a Hilbert-style system for PWK and prove a normal form theorem. We examine some algebraic structures for PWK, called involutive bisemilattices, showing that they are distributive as bisemilattices and that they form a variety, \, generated by the 3-element algebra WK; we also (...) prove that every involutive bisemilattice is representable as the Płonka sum over a direct system of Boolean algebras. We then study PWK from the viewpoint of AAL. We show that \ is not the equivalent algebraic semantics of any algebraisable logic and that PWK is neither protoalgebraic nor selfextensional, not assertional, but it is truth-equational. We fully characterise the deductive filters of PWK on members of \ and the reduced matrix models of PWK. Finally, we investigate PWK with the methods of second-order AAL—we describe the class \ of PWK-algebras, algebra reducts of basic full generalised matrix models of PWK, showing that they coincide with the quasivariety generated by WK—which differs from \—and explicitly providing a quasiequational basis for it. (shrink)

Die vorliegende Arbeit zielt darauf ab, Momente der Husserlschen Phänomenologie hervorzuheben, in denen diese an ihre Grenzen stößt. Der Ausweis dieser Grenzphänomene, die in der Husserl-Literatur bisher noch nicht systematisch untersucht worden sind, steht im Zentrum der Arbeit. Der Autor hat sich systematisch mit phänomenologisch orientierten Autoren zeitgenössischer Philosophie auseinandergesetzt u. a. mit der Absicht, die Fruchtbarkeit der Husserlschen Analysen für die zeitgenössische Philosophie hervorzuheben.

Physicians commonly recommend ?placebo treatments?, which are not believed to have specific efficacy for the patient's condition. Motivations for placebo treatments include complying with patient expectations and promoting a placebo effect. In this article, we focus on two key empirical questions that must be addressed in order to assess the ethical legitimacy of placebo treatments in clinical practice: 1) do placebo treatments have the potential to produce clinically significant benefit? and 2) can placebo treatments be effective in promoting a therapeutic (...) placebo response without the use of deception? We examine evidence from clinical trials and laboratory experiments bearing on these two questions. The conclusion is reached that based on currently available evidence, it is premature to judge whether placebo treatments are ethically justifiable, with the possible exception of acupuncture for pain relief. (shrink)

Nicola Guarino is widely recognized as one of the founders of applied ontology. His deep interest in the subtlest details of theoretical analysis and his vision of ontology as the Rosetta Stone for semantic interoperability guided the development and understanding of this domain. His motivations in research stem from the conviction that all science must be for the benefit of society at large, and his motto has always been that ontologies are not just for making information systems interoperable, but – (...) more importantly – for ensuring that systems’ users understand each other. He was among the first to recognize that applied ontology must be an interdisciplinary enterprise if it is to capture the intended meaning of the terms used by an information system. (shrink)

This paper focuses on the relationship between Kant and the traditional view of dignity. I argue that some amendments to Sensen’s description of the traditional paradigm enable us to see more clearly both where Kant adheres to the latter and where his view is original. First, a consideration of Pufendorf’s use of dignity suggests (1) that, contrary to Sensen’s reconstruction, the traditional paradigm does not entail a connection between dignity and duties to oneself, and (2) that Pufendorf’s understanding of dignity (...) as a kind of esteem, as opposed to price, provides a crucial mediation between the traditional view and Kant’s view. Finally, I argue that the traditional understanding of dignity also includes a subordinate justificatory element that helps to explain Kant’s use of dignity in the Doctrine of Virtue. (shrink)

This book explores what it means to exist in virtual worlds. Chiefly drawing on the philosophical traditions of existentialism, it articulates the idea that — by means of our technical equipment and coordinated practices — human beings disclose contexts or worlds in which they can perceive, feel, act, and think. More specifically, this book discusses how virtual worlds allow human beings to take new perspectives on their values and beliefs, and explore previously unexperienced ways of being. Virtual Existentialism will be (...) useful for scholars working in the fields of philosophy, anthropology, media studies, and digital game studies. (shrink)

My chapter deals with an important part of how Wolff pursued the normative ambitions of his ethics in giving practical guidance with regard to specific moral issues. I first consider how Wolff’s ethics tackles the duties to others, which traditionally represent a difficult issue for moral perfectionism. In this regard, I argue that Wolff’s strategy combines two aspects: (a) he includes in perfection non-active aspects and (b) operates with an agent-neutral notion of perfection, in spite of important passages that might (...) suggest differently. I then focus on Wolff’s treatment of the duties concerning veracity and lying, and show how it follows that general strategy. Combining its two aspects, Wolff examines specific moral issues by adopting a non-welfarist notion of benefit and harm as the standard that can give guidance about practical cases. (shrink)

dolce, the first top-level ontology to be axiomatized, has remained stable for twenty years and today is broadly used in a variety of domains. dolce is inspired by cognitive and linguistic considerations and aims to model a commonsense view of reality, like the one human beings exploit in everyday life in areas as diverse as socio-technical systems, manufacturing, financial transactions and cultural heritage. dolce clearly lists the ontological choices it is based upon, relies on philosophical principles, is richly formalized, and (...) is built according to well-established ontological methodologies, e.g. OntoClean. Because of these features, it has inspired most of the existing top-level ontologies and has been used to develop or improve standards and public domain resources. Being a foundational ontology, dolce is not directly concerned with domain knowledge. Its purpose is to provide the general categories and relations needed to give a coherent view of reality, to integrate domain knowledge, and to mediate across domains. In these 20 years dolce has shown that applied ontologies can be stable and that interoperability across reference and domain ontologies is a reality. This paper briefly introduces the ontology and shows how to use it on a few modeling cases. (shrink)

This study explores the downsizing propensity of family and non-family firms by considering their territorial embeddedness during both periods of economic stability and financial crisis. By drawing on a panel dataset of Spanish manufacturing firms for the period 2002–2015, we show that, all things being equal, family firms have a lower propensity to downsizing than non-family firms. When considering the effect of territorial embeddedness, we found that territorially embedded family firms have an even lower propensity to downsizing than their non-family (...) counterparts. Furthermore, the concern of territorially embedded family firms for their employees’ welfare was particularly pronounced during the years of the global financial crisis. This result is explained by the existence of socially proximate relationships with the firms’ immediate surroundings, based on similarity and a sense of belonging, which push deeply rooted family firms to treat their employees as salient stakeholders during hard times. Overall, our study stresses the importance of local roots in moderating the relationship between family firms and downsizing. (shrink)

The idea of autonomy, presented as Kant’s main achievement in the Groundwork and the second Critique, is hardly present in the ethics of the “Doctrine of Virtue”. Against Pauline Kleingeld’s recent interpretation, I argue that this does not amount to a disappearance of the Principle of Autonomy, but to an important development of the notion of autonomy. I first show that Kant still advocated the Principle of Autonomy in the 1790s along with the thought of lawgiving through one’s maxims. I (...) then argue that the role of autonomy in Kant’s later ethics has a different focus than in the previous works, which requires to connect autonomy with autocracy. Conversely, in the “Doctrine of Virtue”, autocracy, which Kant had employed before as an independent notion, is construed as a new layer of autonomy. What Kant there calls subjective autonomy is thereby considered as reason’s self-government in the maxims of each rational agent. -/- . (shrink)

A disaster is an occurrence disrupting a community’s normal functioning and existence. The disruption may render it impossible to comply with principles and to respect, protect, and fulfill rights as it happens in ordinary times; it may induce an overwhelming shortage of resources and make tragic decisions unavoidable. From its very beginning, the COVID-19 pandemic evoked the scenario of disaster medicine, where triage is likely to imply not simply postponing a treatment but letting someone die. However, it is not only (...) the health care system that faces disruption risks. Lockdown measures and other restrictions were imposed to curb the pandemic, impinging upon individual freedom as well as economic activities. The proposal of mandatory vaccination implied a suspension of the principle of autonomy, which is a fundamental pillar of modern medicine. Out of the ordinary balancing efforts may be required, and two questions arise. Do such exceptional circumstances suggest reconsidering the criteria to apply, especially when essential, life-saving treatments are at stake? Who should decide? Science offers the premises to build on, but the last word does not belong to science. It remains the province of ethics and politics. (shrink)

We extend de Finetti’s No-Dutch-Book Criterion to Gödel infinite-valued propositional logic.