Legislation usually lacks a systematic organization which makes the management and the access to norms a hard problem to face. A more analytic semantic unit of reference (provision) for legislative texts was identified. A model of provisions (provisions types and their arguments) allows to describe the semantics of rules in legislative texts. It can be used to develop advanced semantic-based applications and services on legislation. In this paper an automatic bottom-up strategy to qualify existing legislative texts in terms of provision (...) types is described. (shrink)

The present contribution proposes a reflection on the meanings of the actions of educational professionals when trying to prevent mental distress in their students and promote their well-being. This focus derives from the suggestion — indicated by Basaglia’s work in linking mental health to the existential, educational, social and cultural elements of everyone’s life conditions — that education can offer an important contribution to the development of, and support for, mental wellbeing. It would thus follow that educational professionals play a (...) potentially pivotal role in promoting mental health and in preventing possible disease, if they are aware of the possibilities and are appropriately trained. This paper, based on a phenomenological approach, refers to the words of schoolteachers and other educators collected in a qualitative educational research project and presents and explores possible ways of giving meaning to educational work in these areas. (shrink)

This article explores the change in meaning of the term `utopia' between 1968 and today. It proposes an interpretation of 1968 based on the connection between utopia and desire; the emergence of subjectivity in history meant a new way of becoming subjects of one's own history, and a new understanding of socio-political change, as including daily life and personal emotions.

We almost every day direct our actions with reference to social, moral or legal norms and oughts. However, oughts and norms cannot be perceived through the senses: how can we “grasp” them, then? Adolf Reinach distinguishes enacted norms and oughts created through a social act of enactment, from moral norms and oughts existing in themselves independently of any act, knowledge or experience. I argue that this distinction is not a distinction between two species of oughts within a common genus: it (...) is rather a deeper ontological distinction between two modes of existence that are quite different, even though both are objective, according to Reinach. This ontological distinction is reflected in the way in which enacted oughts and moral oughts can be grasped, respectively: in the former case, the enacted ought is grasped by going back to the underlying social act from which it springs; in the latter, a “grasping through feeling” of the moral values is implied. (shrink)

In its first part the article examines visions of the family during 1968 and the succeeding years. It concentrates in particular on alternative visions of the family, both at a theoretical level (as with David Cooper's Death of the Family), and at the level of social history, with the rise and fall of the commune movement. It does so with reference to a methodology which concentrates on relationships, principally those between the individual and the family, between family and between the (...) family and the state. In the second part it surveys the widespread changes that have beset family relations and family life in the advanced capitalist societies since 1968: the lowering of fertility rates, the gradual decline of marriage, the significant changes in the position of women in the family, the increase in individualisation, as manifested in the growth of single-member households. The article then seeks to explore the relationship, if any, between the movement of 1968 and these transformations in the family. It examines both conservative and progressive interpretations, and suggests that paradoxically the movement left few sediments in the relationship between family and civil society but rather more in that between the state and the family. (shrink)

Custom is a complex phenomenon, and one that is hardly given a satisfying account, especially if it is assumed, as many legal positivists do, that law is only produced through acts of will. After examining five main reasons for the complexity of custom, I will consider Uberto Scarpelli’s thesis that customary law can be given an account within legal positivism through a reinterpretation of norm-generating facts as the manifestations of a will. But what kind of will is implied here, and (...) how can the underlying norm be inferred? I will first briefly examine Gaetano Carcaterra’s analysis of abduction as a method to infer norms from behaviors, and then distinguish six different forms of will possibly implied in a behavior which is relevant for the formation of a customary norm. I will finally focus on norm-oriented, or nomotropic will, and especially on nomotrophic will, that is, the will –implied and expressed in the reaction to the violation of a norm– that the infringed norm be valid. (shrink)

Qu’est-ce qu’une norme? Y a-t-il des relations logiques entre les normes? Sur quoi repose la validité d’un système normatif? Qu’est-ce que la validité déontique? Les verbes performatifs peuvent-ils agir sur le monde? Quelles sont les différentes façons d’agir en fonction d’une règle? Que sont les règles constitutives? Et qu’est-ce que la vérité? Ce sont là quelques-unes des questions que posent les essais d’Amedeo Giovanni Conte rassemblés dans cette anthologie. Ces essais offrent quelques-unes des contributions les plus originales et les plus (...) significatives de la philosophie du langage normatif. Amedeo Giovanni Conte (Pavie, 1934-Cava Manara, 2019), professeur émérite de l’Université de Pavie, membre de l’Accademia Nazionale dei Lincei, fut l’un des philosophes les plus originaux du droit italien. Parmi ses œuvres : Saggio sulla completezza degli ordinamenti giuridici (1962), les trois volumes de Filosofia del linguaggio normativo (1989-2001), Filosofia dell’ordinamento normativo (1997), Sociologia filosofica del diritto (2011) et Adelaster : Il nome del vero (2016). (shrink)

Comme le dit le titre, ce travail collectif examine de divers points de vue des nœuds importants de la méthode historique, tels le rapport entre histoire et mémoire, entre oralité et écriture, ou encore l’importance de la catégorie du genre pour l’histoire, celle en particulier qui se prévaut des sources orales. Les contributions, présentées lors d’un colloque récent à l’Université d’Avignon, proviennent de divers pays et attestent la vivacité d’un débat qui se poursuit au niveau internationa...

The rapid dynamics of COVID-19 calls for quick and effective tracking of virus transmission chains and early detection of outbreaks, especially in the “phase 2” of the pandemic, when lockdown and other restriction measures are progressively withdrawn, in order to avoid or minimize contagion resurgence. For this purpose, contact-tracing apps are being proposed for large scale adoption by many countries. A centralized approach, where data sensed by the app are all sent to a nation-wide server, raises concerns about citizens’ privacy (...) and needlessly strong digital surveillance, thus alerting us to the need to minimize personal data collection and avoiding location tracking. We advocate the conceptual advantage of a decentralized approach, where both contact and location data are collected exclusively in individual citizens’ “personal data stores”, to be shared separately and selectively, voluntarily, only when the citizen has tested positive for COVID-19, and with a privacy preserving level of granularity. This approach better protects the personal sphere of citizens and affords multiple benefits: it allows for detailed information gathering for infected people in a privacy-preserving fashion; and, in turn this enables both contact tracing, and, the early detection of outbreak hotspots on more finely-granulated geographic scale. The decentralized approach is also scalable to large populations, in that only the data of positive patients need be handled at a central level. Our recommendation is two-fold. First to extend existing decentralized architectures with a light touch, in order to manage the collection of location data locally on the device, and allow the user to share spatio-temporal aggregates—if and when they want and for specific aims—with health authorities, for instance. Second, we favour a longer-term pursuit of realizing a Personal Data Store vision, giving users the opportunity to contribute to collective good in the measure they want, enhancing self-awareness, and cultivating collective efforts for rebuilding society. (shrink)

For John Forrester, the ‘case’, particularly in its psychoanalytic version, makes possible a science of the particular – knowledge open to the differences of individuals and situations. This article takes up that aspect of Forrester’s account that linked the psychoanalytic case with forms of autobiography – new narrations of that particular self. After Freud, many authors – literary and psychoanalytic – have taken up the challenge of narrating subjectivity in new forms, engaging a quasi-psychoanalytic framework. Focusing on Luisa Passerini’s (...) text Autobiography of a Generation, which deals with the Italian experience of 1968, the article examines some of the features of such hybrid texts, and argues that psychoanalysis makes a contribution not just to the forms of self-investigation they pursue, but more significantly to the search for a radically new methodology of narration. Such models end up as ‘impossible’ cases, but in so doing they explore new interdisciplinary means for understanding the historical shaping of subjectivity. (shrink)

'Memory and Utopia' looks at the connection between memory and forgetfulness in Europe during the twentieth century. Drawing on oral history and feminist theory and practice, the book highlights how women struggled to be recognized as full subjects. The themes of utopia and desire in the 1968 movements of students, women and workers are explored. 'Memory and Utopia' examines the sense of belonging to Europe that has emerged in the last twenty years. The book analyses European identity as expressed through (...) identities based on gender, age and culture to explore an inclusive and non-hierarchical subjectivity. (shrink)

'Memory and Utopia' looks at the connection between memory and forgetfulness in Europe during the twentieth century. Drawing on oral history and feminist theory and practice, the book highlights how women struggled to be recognized as full subjects. The themes of utopia and desire in the 1968 movements of students, women and workers are explored. 'Memory and Utopia' examines the sense of belonging to Europe that has emerged in the last twenty years. The book analyses European identity as expressed through (...) identities based on gender, age and culture to explore an inclusive and non-hierarchical subjectivity. (shrink)

Comment devient-on philosophe? Par quel sursaut un Aristoclès se fait-il Platon, jusqu'à s'imposer dans la liste des " auteurs philo " Il faut enquêter, non pas sur la vie privée, mais sur la vie intime : rumination intellectuelle, ton sur lequel on parle, motivations amoureuses... Ce qui fait un philosophe, c'est un immense travail sur soi, et la rencontre d'autres philosophes, vivants, de leurs problématiques. Mémoire sémantique + obsession métaphysique, voilà le code génétique du philosophe. Il débute par un attentat (...) religieux, puisqu'il commence sa carrière en niant tel ou tel sacré. Bien sûr, il vaut mieux être mâle, communiquer par les livres adopter la langue dominante, écrire quand on est célibataire. Comment gagner sa vie? Pas forcément en étant enseignant, comme c'est le cas aujourd'hui. Le profil du philosophe nous le révèle orphelin, vivant à l'étranger, souvent laid, jamais fou, et serial thinker, prêt à changer de philosophie pourvu qu'il reste, lui, à menacer le monde donnera ou donnera pas du sens à notre vie? Le philosophe est l'être inquiet qui pense inquiéter l'Être par deux trois mots bien aiguisés. (shrink)

While there are numerous doubts, controversies and lack of consensus on alternative definitions of human death, it is argued that it is more ethical to allow people to choose either cessation of cardio-respiratory function or loss of entire brain function as the definition of death based on their own views. This paper presents the law of organ transplantation in Japan, which allows people to decide whether brain death can be used to determine their death in agreement with their family. Arguably, (...) Japan could become a unique example of individual choice in the definition of death if the law is revised to allow individuals choose definition of death independently of their family. It suggests that such an approach is one of the reasonable policy options a country can adopt for legislation on issues related to the definition of death. (shrink)

Extraterrestrial Altruism examines a basic assumption of the Search for Extraterrestrial Intelligence (SETI): that extraterrestrials will be transmitting messages to us for our benefit. This question of whether extraterrestrials will be altruistic has become increasingly important in recent years as SETI scientists have begun contemplating transmissions from Earth to make contact. Technological civilizations that transmit signals for the benefit of others, but with no immediate gain for themselves, certainly seem to be altruistic. But does this make biological sense? Should we (...) expect altruism to evolve throughout the cosmos, or is this only wishful thinking? Is it dangerous to send messages to other worlds, as Stephen Hawking has suggested, or might humankind benefit from an exchange with intelligence elsewhere in the galaxy? Would extraterrestrial societies be based on different ethical principles, or would we see commonalities with Earthly notions of morality? Extraterrestrial Altruism explores these and related questions about the motivations of civilizations beyond Earth, providing new insights that are critical for SETI. Chapters are authored by leading scholars from diverse disciplines—anthropology, astronomy, biology, chemistry, computer science, cosmology, engineering, history of science, law, philosophy, psychology, public policy, and sociology. The book is carefully edited by Douglas Vakoch, Director of Interstellar Message Composition at the SETI Institute and professor of clinical psychology at the California Institute of Integral Studies. The Foreword is by Frank Drake. This interdisciplinary book will benefit everybody trying to understand whether evolution and ethics are unique to Earth, or whether they are built into the fabric of the universe. (shrink)

How (Not) to Be Secular is what Jamie Smith calls "your hitchhiker's guide to the present" -- it is both a reading guide to Charles Taylor's monumental work A Secular Age and philosophical guidance on how we might learn to live in our times. Taylor's landmark book A Secular Age (2007) provides a monumental, incisive analysis of what it means to live in the post-Christian present -- a pluralist world of competing beliefs and growing unbelief. Jamie Smith's book is a (...) compact field guide to Taylor's insightful study of the secular, making that very significant but daunting work accessible to a wide array of readers. Even more, though, Smith's How (Not) to Be Secular is a practical philosophical guidebook, a kind of how-to manual on how to live in our secular age. It ultimately offers us an adventure in self-understanding and maps out a way to get our bearings in today's secular culture, no matter who "we" are -- whether believers or skeptics, devout or doubting, self-assured or puzzled and confused. This is a book for any thinking person to chew on. (shrink)

Introduction: Conversion and the practice of transformation -- The philosophical structure of Jonathan Edwards's religious affections -- Habit, habit change, and conversion in C.S. Peirce -- Reconstructing faith : religious overcoming in Dewey's pragmatism -- Transforming obligation in William James -- Dwelling in absence: the reflective origin of conversion -- Creative transformation : the work of conversion -- The evasion of conversion in recent American philosophy.

Background: The magnitude of bullying and harassment among psychiatrists is reportedly high, yet no peer-review published studies addressing this issue could be found. Therefore, it was decided to conduct a pilot study to assess the degree of the problem, the types of bullying/harassment and to provide some insights into the situation.Methods and Principal Findings: Following multiple focus group meetings, a yes/no response type questionnaire was developed to assess the degree and type of bullying and harassment experienced by psychiatrists. Over a (...) 3-month period the questionnaire was administered to a random sample of 60 psychiatrists. 57 out of the 60 psychiatrists reported harassment and bullying. Frequencies of the following response variables are presented in descending order: rumours 40% ; defamation 20% ; passing remarks 20% ; false accusations 15% ; threats 13.3% ; verbal abuse 13.3% ; unjustified complaints 13.3% ; promotion blocked 13.3% ; humiliation 13% ; bad reference given 10% ; credentials questioned 8.3% ; physical attacks 5% ; termination 5% ; derogatory remarks 1.7% and 1.7% were subjected to personal work. As a result of being subjected to harassment, 66.7% of the psychiatrists did not take any action, whereas 33.3% confronted the person they believed responsible. Asked whether the bullying and harassment caused distress, 18.3% of the psychiatrists did not report any effect, 30% reported mild distress, 40% moderate distress and severe distress was reported by 11.7%.Conclusions: It was concluded that the magnitude of bullying and harassment among psychiatrists may be quite high, as evidenced by this pilot study. There is a need for extensive systematic studies on this subject and to establish strategies to prevent and address this issue at a national and regulatory level. (shrink)

Ludwig Wittgenstein (1889-1951) was an extraordinarily original thinker, whose influence on twentieth-century thinking far outside the bounds of philosophy alone. In this engaging Introduction, A.C. Grayling makes Wittgenstein's thought accessible to the general reader by explaining the nature and impact of Wittgenstein's views. He describes both his early and later philosophy, the differences and connections between them, and gives a fresh assessment of Wittgenstein's continuing influence on contemporary thought.