Algunas versiones del realismo jurídico pretenden compatibilizar la pretensión de que el derecho es un conjunto de normas con un fuerte compromiso con el empirismo. De conformidad con este último, el derecho no está constituido por entidades abstractas de ningún tipo sino por hechos empíricamente constatables. En vistas a llevar a cabo esta compatibilización, en varios trabajos Riccardo Guastini ha defendido una concepción de las proposiciones normativas, i.e. aserciones existenciales sobre normas jurídicas, como enunciados teóricos acerca del derecho vigente, necesariamente (...) referentes a ciertos hechos. Se concibe así al derecho vigente como el conjunto de textos que son resultado de interpretaciones estables, consolidadas y dominantes que los jueces han llevado a cabo en sus decisiones en el ordenamiento de que se trate. Partiendo de esta versión del realismo jurídico, este trabajo procura sembrar algunas dudas. Primero, sobre este modo de concebir a las proposiciones normativas. Segundo, sobre el modo en que, en consecuencia, queda configurada la teoría del derecho. Tercero, y más en general, sobre la pretensión de compatibilizar la visión del derecho como conjunto de normas con la tesis empirista. (shrink)

El autor lleva a cabo una revisión de la obra The Many Faces of Normativity intentado resaltar algunos rasgos comunes que se van presentando a lo largo de los diversos textos que componen la obra revisada. Luego de abordar la visión de Robert Audi acerca de las tendencias hacia la naturalización de la normatividad así como el análisis que Jaap Hage efectúa de los conceptos normativos, se tratan dos ataques a la distinción ser-deber ser que defienden argumentos que, sobre la (...) base de esa distinción, han sido considerados falaces al menos desde David Hume. Posteriormente se tratan una serie de aportes con una tendencia común, y que a criterio del autor dan una especial identidad a la obra en su conjunto. Se trata de la tendencia, en buena medida reduccionista, que acopla la explicación de la normatividad a hipótesis provenientes del flamante campo de las neurociencias. (shrink)

Il saggio si propone di esaminare, nei suoi tratti essenziali, la teoria dell'ideologia in Marx ed Engels per poi analizzare i piů macroscopici slittamenti semantici a cui č andata incontro nel secolo XX, fino a giungere alla presente "fine delle ideologie". Riletta dopo piů di centocinquant'anni dalla sua stesura, la Deutsche Ideologie puň risvegliarci dal "sonno dogmatico" ricordandoci che ogni dispositivo ideologico presenta per sua natura una strutturazione tale per cui l'ideologia si dispiega e si impone quanto piů si nega (...) e si fa impercettibile. Quanto piů l'epoca dice di essere non-ideologica, post-ideologica e anti-ideologica, tanto piů essa presenta un occulto ma, non per questo, meno intenso tasso ideologico: il movimento teorico con cui il nostro tempo nega l'ideologia č, esso stesso, una sotterranea articolazione ideologica, un ipertrofico lavoro carsico dell'ideologia. (shrink)

: Michael Gazzaniga, a prominent cognitive neuroscientist, has argued against reductionist accounts of cognition. Instead, Gazzaniga defends a form of non-reductive physicalism: epistemological neuro-cognitive non-reductionism and ontological monist physicalism. His position is motivated by the theses that: cognitive phenomena can be realized by multiple neural systems; many outcomes of these systems are unpredictable; and multi-level explanations are required. Epistemological neuro-cognitive non-reductionism is presented as the most appropriate stance to account for the way in which phenomena should be explained in cognitive (...) neuroscience. In this paper, I argue, however, that a recent form of neuro-cognitive reductionism, namely neo-mechanistic reductionism accounts for the arguments presented by Gazzaniga. Thus, the theory offers a more consistent and well-articulated view of the relationship between cognitive and neural phenomena that is specifically compatible with the explanatory strategies and aims of contemporary cognitive neuroscience. Keywords: Neo-mechanistic Philosophy; Michael Gazzaniga; Non-reductionism; Reductionism; Philosophy of Cognitive Neuroscience L’antiriduzionismo neurocognitivo di Michael Gazzaniga e la sfida della riduzione neomeccanicista Riassunto: Uno dei più importanti neuroscienziati dei nostri tempi, Michael Gazzaniga, si è schierato contro una concezione riduzionista della cognizione. Al contrario Gazzaniga difende una forma di fisicalismo non-riduzionistico che risulta dalla combinazione, sul piano epistemologico, di un anti-riduzionismo cognitivo e, sul piano ontologico, di un monismo fisicalista. La sua posizione è motivata dalla tesi per cui i fenomeni cognitivi possono essere realizzati da molteplici sistemi neurali; molti esiti di tali sistemi non si possono prevedere; e sono pertanto necessarie spiegazioni a livelli plurimi. La concezione presentata come più adeguata per dare conto sul piano epistemologico di come i fenomeni dovrebbero essere spiegati all’interno delle neuroscienze cognitive è una forma di anti-riduzionismo neuro-cognitivo. In questo articolo si sostiene tuttavia che una recente forma di riduzionismo neuro-cognitivo può dare conto degli argomenti presentati da Gazzaniga. Si tratta di una teoria che offre una interpretazione maggiormente coerente ed articolata della relazione fra fenomeni cognitivi e neurali e che offre un modello di spiegazione compatibile con gli scopi esplicativi delle neuroscienze cognitive contemporanee. Parole chiave: Filosofia neomeccanicista; Michael Gazzaniga; Nonriduzionismo; Riduzionismo; Filosofia della neuroscienza cognitiva. (shrink)

The paper focuses on the philosophical challenges of governance over trustless ledgers, namely Bitcoin Layer 2 solutions in El Salvador. Blockchain adoption in El Salvador is an example of policy based on a ‘frontier epistemology’ (Nickles 2009 ), creating a situation where “facts are uncertain, values are in dispute, stakes are high, and decisions are urgent” (Funtowicz and Ravetz 1993 ). Trustless ledgers play a role of such ‘frontiers’ of knowledge and governance that support a variety of technocratic, heuristic, and (...) experimental policy approaches. They challenge the traditional knowledge frameworks and governance processes responsible for attempts to embed (align) predetermined ideologies (values and stakes) into the technology over standards. Instead, as amalgams of social, political, legal, and economic interventions, ledgers function simultaneously as a contract, a monetary system, a political value commitment, and a governance structure. By integrating facts, values, and stakes into algorithms, they define the frontiers of epistemology and governance in two opposing ways. On the one hand, trustless ledgers embody Augustine’s Civitas Dei (the City of God) as a new design (novum consilium) that promises a future world (futurum saeculum) (Augustine 1968 ). With a promise of a system, where everyone is ‘free’ to not being able to ‘sin’ (non posse peccare - delet the res non peccare), social agency is reduced to a code of a trustless infrastructure. On the other hand, ledgers support experimental (Sabel and Zeitlin 2012 ) and heuristic policymaking (Nickles 2009 ) that saves social agency and cuts ‘through traditional discovery/justification and descriptive/ normative distinctions’ (Nickles 2009 ). The distributed ledgers as governance experiments then redefine Civitas Terrena’s governance as a challenge of ‘heuristic appraisal’ (Nickles 2009 ), ‘directly deliberative polyarchy’ (Cohen and Sabel 1997 ), and ‘experimentalist governance’ (Sabel and Zeitlin 2012 ). To elaborate on the blockchain governance experiments, we will use two Bitcoin initiatives in El Salvador (Bitcoin City and Bitcoin Beach) and discuss them in the context of a broader adoption of blockchain in South America. (shrink)

Este artículo trata de la estancia en Italia del traductor del árabe Diego de Urrea, que pasó los últimos años de su vida en Nápoles. Su relación con círculos eruditos italianos, como el del príncipe Federico Cesi y su Accademia dei Lin-cei, a la que perteneció Galileo, pone de relieve algunos de los rasgos característicos del "orientalismo" italiano de la época, y sus relaciones y diferencias con lo que ocurría en España a comienzos de a. XVII, cuando el asunto (...) de los Plomos del Sacromonte ejerció un papel fundamental en la definición de la lengua y la historia árabes dentro de la historia de España. (shrink)

Este artículo trata de la estancia en Italia del traductor del árabe Diego de Urrea, que pasó los últimos años de su vida en Nápoles. Su relación con círculos eruditos italianos, como el del príncipe Federico Cesi y su Accademia dei Lincei, a la que perteneció Galileo, pone de relieve algunos de los rasgos característicos del «orientalismo» italiano de la época, y sus relaciones y diferencias con lo que ocurría en España a comienzos de s. XVII, cuando el asunto (...) de los Plomos del Sacromonte ejerció un papel fundamental en la definición de la lengua y la historia árabes dentro de la historia de España. (shrink)

This article identifies and formalizes the logical features of analogous terms that justify their use in deduction. After a survey of doctrines in Aristotle, Aquinas, and Cajetan, the criteria of “analogy of proper proportionality” are symbolized in first-order predicate logic. A common genus justifies use of a common term, but does not provide the inferential link required for deduction. Rather, the respective differentiae foster this link through their identical proportion. A natural-language argument by analogy is formalized so as to exhibit (...) these criteria, thereby showing the validity of analogical deduction. (shrink)

This book provides a discussion of the philosophy of being according to three major traditions in Western philosophy, the Analytic, the Continental, and the Thomistic. The origin of the point of view of each of these traditions is associated with a seminal figure, Gottlob Frege, Immanuel Kant, and Thomas Aquinas, respectively. The questions addressed in this book are constitutional for the philosophy of being, considering the meaning of being, the relationship between thinking and being, and the methods for using thought (...) to access being. On the one hand, the book honors diversity and pluralism, as it highlights how the three traditions may be clearly and distinctly differentiated regarding the philosophy of being. On the other hand, it honors a sense of solidarity and ecumenism, as it demonstrates how the methods and focal points of these traditions constitute, and continue to shape, the development of Western philosophy. This book contributes toward an essential overview of Western metaphysics and will be of particular interest to those working in the history of philosophy and in the philosophy of being. (shrink)

cal basis of consciousness. We continue by discussing the relation between spatiotem- One of the outstanding problems in the cog- poral patterns of brain activity and con- nitive sciences is to understand how ongo- sciousness, with particular attention to pro- ing conscious experience is related to the cesses in the gamma frequency band. We workings of the brain and nervous system. then adopt a critical perspective and high-.

This paper deals with phenomenological distinctions concerning empathy with real persons and empathy with fictional characters. We will introduce both contemporary accounts of our perception of others and Edith Stein’s account of empathy. These theories will turn out to be fruitful in defending our main thesis, i.e. that the differences between empathy with real people and empathy with fictional characters are not structural but just qualitative. We will argue that in both cases empathy is a direct act of perceiving others (...) and their lived experience. However, stemming from Stein’s work, we will underline that empathy with real persons is in principio more vivid and intense than empathy with fictional characters. In order to identify similarities and differences between empathy de vivo and empathy in fiction, we will focus on the following issues: the quality of perception; the motivational context and the “life-world context”; the ontological status of persons vs. characters. (shrink)

In her Investigation Concerning the State, Edith Stein takes up some of the main ideas of the social ontology presented by Adolf Reinach, and develops a social ontology of the state, of the law and of social acts. I argue that Stein’s social ontology is an eidetics of the state, the law and social acts. Stein identifies the essential relations that constitute the state, the law and social acts, i.e. pinpoints the parts upon which the state, the law and social (...) acts existentially depend as wholes. In doing so, Stein applies Husserl’s account of wholes and parts to the social domain. I also suggest that Stein outlines a regional ontology of sociality that embodies Husserl’s idea of regional ontology. I focus on the intertwining of the wholes-parts relations, which characterize Stein’s regional ontology of sociality, and argue that there are not only necessary but also possible parts within the wholes. This makes Stein’s regional ontology of the sociality a dynamic ontology. (shrink)

Some authors have called into question the normativity of logic, using as an argument that the bridge principles for logical normativity (MacFarlane, In what sense (in any) is logic normative for thought, 2004 )? are just by-products of general epistemic principles for belief. In this paper, I discuss that suggestion from a formal point of view. I show that some important bridge principles can be derived from usual norms for belief. I also describe some possible ways to block this derivation (...) by modifying the epistemic norms or weakening the bridge principles. Finally, I discuss different philosophical interpretations of these results. (shrink)

According to methodological anti-exceptionalism, logic follows a scientific methodology. There has been some discussion about which methodology logic has. Authors such as Priest, Hjortland and Williamson have argued that logic can be characterized by an abductive methodology. We choose the logical theory that behaves better under a set of epistemic criteria. In this paper, I analyze some important discussions in the philosophy of logic, and I show that they presuppose different methodologies, involving different notions of evidence and different epistemic values. (...) I argue that, rather than having a specific methodology such as abductivism, logic can be characterized by methodological pluralism. This position can also be seen as the application of scientific pluralism to the realm of logic. (shrink)

This paper explores the notion of reciprocity in the context of active pulmonary and laryngeal tuberculosis treatment and related control policies and practices. We seek to do three things: First, we sketch the background to contemporary global TB care and suggest that poverty is a key feature when considering the treatment of TB patients. We use two examples from TB care to explore the role of reciprocity: isolation and the use of novel TB drugs. Second, we explore alternative means of (...) justifying the use of reciprocity through appeal to different moral and political theoretical traditions. We suggest that each theory can be used to provide reasons to take reciprocity seriously as an independent moral concept, despite any other differences. Third, we explore general meanings and uses of the concept of reciprocity, with the primary intention of demonstrating that it cannot be simply reduced to other more frequently invoked moral concepts such as beneficence or justice. We argue that reciprocity can function as a mid-level principle in public health, and generally, captures a core social obligation arising once an individual or group is burdened as a result of acting for the benefit of others. We conclude that while more needs to be explored in relation to the theoretical justification and application of reciprocity, sufficient arguments can be made for it to be taken more seriously as a key principle within public health ethics and bioethics more generally. (shrink)

One of the foundational problems of biochemistry concerns the conceptualisation of the relationship between the composition, structure and function of macromolecules like proteins. Part of the recent philosophical literature displays a reductionist bias, that is, the endorsement of a form of microstructuralism mirroring an out-dated biochemical conceptualisation. We shall argue that such microstructuralist approaches are ultimately committed to a potentialist form of micro-predeterminism whereby the macrostructure and function of proteins is accounted for solely in terms of the intrinsic properties and (...) potentialities of the components of the primary structure as if they were self-contained or essentially immutable entities. We shall instead suggest that a conceptualisation of the relationship between proteins’ composition, structure and function consistent with contemporary biochemical practice should account also for the causal role of the cellular, organismal and environmental relations in protein development. The analysis of the folding process we propose suggests that microstructure-laden reductionist approaches are ontologically indefensible. Rather than a potentialist form of micro-predeterminism, our analysis ultimately supports a relational-construction-based view of protein development and potentialities formation, which requires an indispensable analysis of the dynamical interplay between the micro-level of the parts and the macro-level of the relational structures of their systems. (shrink)

South Africa shared with the world the warning of a new strain of SARS-CoV2, Omicron, in November 2021. As a result, many high-income countries (HICs) instituted complete travel bans on persons leaving South Africa and other neighbouring countries. These bans were unnecessary from a scientific standpoint, and they ran counter to the International Health Regulations. In short, South Africa was penalized for sharing data. Data sharing during pandemics is commonly justified by appeals to solidarity. In this paper, we argue that (...) solidarity is, at best, an aspirational ideal to work toward but that it cannot ground an obligation to share data. Instead, low-and-middle income countries (LIMCs) should be guided by the principle of reciprocity, which states that we ought to return good for good received. Reciprocity is necessarily a conditional principle. LMICs, we argue, should only share data during future pandemics on the condition that HICs provide enforceable assurances that the benefits of data sharing will be equitably distributed and that LMICs won’t be penalized for sharing information. (shrink)

The present work deals with the quality issue in social ontology: the fact that social entities not only can exist or not exist, but can also be more or less achieved and be subject to degrees of existence, and the fact that social entities can be bearers of varieties of ways of existence, that is, there are several ways in which a social entity of a certain type can be realized. In accordance with phenomenological eidetics, I show that modifications of (...) essential connections involve lacks or variations of essential parts of entities, which, respectively, imply degrees of existence and varieties of ways of existence which “enhance” the existence of social entities, and I argue that the modification issue hits the core of the quality of existence issue. Lastly, I focus on the essential connection of tendency as another case in which eidetics provides meaningful insights into the existential quality issue in social ontology. (shrink)

Suppose that a team of neurosurgeons and bioengineers were able to remove your brain from your body, suspend it in a life-sustaining vat of liquid nutrients, and connect its neurons and nerve terminals by wires to a supercomputer that would stimulate it with electrical impulses exactly like those it normally receives when embodied. According to this brain-in-a-vat thought experiment, your envatted brain and your embodied brain would have subjectively indistinguishable mental lives. For all you know—so one argument goes—you could be (...) such a brain in a vat right now.1 Daniel Dennett calls this sort of philosophical thought experiment an “intuition pump” (Dennett 1995). An intuition pump is designed to elicit certain intuitive convictions, but is not itself a proper argument: “intuition pumps are fine if they’re used correctly, but they can also be misused. They’re not arguments, they’re stories. Instead of having a conclusion, they pump an intuition. They get you to say ‘Aha! Oh, I get it!’ (Dennett 1995, p. 182). Philosophers have used the brain-in-a-vat story mainly to raise the problem of radical skepticism and to elicit various intuitions about meaning and knowledge (Putnam 1981). The basic intuition the story tries to pump is that the envatted brain, though fully conscious, has systematically false beliefs about the world, including itself. Some philosophers reject this intuition. They propose that the envatted brain’s beliefs are really about its artificial environment or that it.. (shrink)

In May 2021, when the Delta variant of SARS-CoV2 was wreaking havoc in India, the Australian Federal Government banned its citizens and residents who were there from coming back to Australia for 14 days on penalty of fines or imprisonment. These measures were justified on the grounds of protecting the broader Australian public from potentially importing the Delta strain, which officials feared would then seed a local outbreak. Those Australians stranded in India, and their families and communities back home, claimed (...) that they were abandoned by Prime Minister Scott Morrison’s government. This case—along with other barriers used as part of border control measures in the name of public health—raises the following question: is it ever morally permissible for a state to ban its citizens and residents from entering their own country during a pandemic? I conclude that it’s impermissible. I argue that persons have a right of entry that should be understood as a security right. This security right should be non-derogable because it’s a foundational good that is necessary for life-planning purposes. Moreover, it is a right that people should be able to rely upon absolutely, even during pandemics. At the very least, should someone believe that there are rare exceptions to the right of entry on public health grounds, governments have a duty—grounded in the principle of reciprocity—to support those who are temporarily denied entry. In the case of Australians stranded in India, I will argue that the Australian Federal Government failed on all accounts. (shrink)

Explicit and implicit learning have been attributed to different learning processes that create different types of knowledge structures. Consistent with that claim, our study provides evidence that people integrate stimulus events differently when consciously aware versus unaware of the relationship between the events. In a first, acquisition phase participants sorted words into two categories , which were fully predicted by task-irrelevant primes—the labels of two other, semantically unrelated categories . In a second, test phase participants performed a lexical decision task, (...) in which all word stimuli stemmed from the previous prime categories and the primes were the labels of the previous target categories . Reliable priming effects in the second phase demonstrated that bidirectional associations between the respective categories had been formed in the acquisition phase , but these effects were found only in participants that were unaware of the relationship between the categories! We suggest that unconscious, implicit learning of event relationships results in the rather unsophisticated integration of the underlying event representations, whereas explicit learning takes the meaning of the order of the events into account, and thus creates unidirectional associations. (shrink)

In my paper, I will address two issues on the characterisation of social objects as subject-dependent objects: (i) Does phenomenological realism imply Platonism in social ontology? (ii) Which type of intentionality is the protagonist of social objects’ existential dependence on subjects? Both questions deal with Ferraris’ reception of Reinach’s phenomenological realism, on the one hand, and with the role played by the intentionality of social acts in the constitution of social objects, on the other (Reinach 1913, Ferraris 2009). According to (...) Ferraris, Reinach’s phenomenological realism becomes a sort of “social Platonism”, and the intentionality of social acts is an individual intentionality. On the contrary, I will maintain that phenomenological realism does not imply social Platonism in social ontology, and that social intentionality is not an individual and solitary intentionality: it is, rather, a heterotropic intentionality which necessarily refers to and depends on other subjects. (shrink)

A growing group of institutional investors use divestment strategically to deter misconducts that are harmful for the climate and society. Based on Kantian ethics, we propose that divestment represents investors’ universal and absolute moral commitment to socially responsible investing (SRI). Following categorical and hypothetical imperatives and reciprocity as a norm, we hypothesize how institutional investors’ commit to SRI through a divestment strategy against ethically reprehensible behaviour of banks, especially when these investors represent banks themselves. Using a hand-collected database of the (...) revelation dates of enforcement actions on banks, we find evidence that banks are less likely to divest equity holding on banks with misconduct (fined banks) than their non-bank institutional investors peers. Banks that commit to invest responsibly by signing for the Principles for Responsible Investment (PRI) are not significantly more likely to divest on fined banks stocks than non-signatory banks. Moreover, divestment of fined banks whose own legitimacy to operate is in question is not significantly different from non-fined banks divestment. We find that European banks are more inclined to sell their holdings permanently on fined banks than their United States peers. Therefore, bank’s moral commitment to SRI via divestments is influenced more by cultural and reciprocity norms than their moral commitment to participate in the PRI. (shrink)

Accelerated changes to the planet have created novel spaces to re-imagine the boundaries and foci of environmental health research. Climate change, mass species extinction, ocean acidification, biogeochemical disturbance, and other emergent environmental issues have precipitated new population health perspectives, including, but not limited to, one health, ecohealth, and planetary health. These perspectives, while nuanced, all attempt to reconcile broad global challenges with localized health impacts by attending to the reciprocal relationships between the health of ecosystems, animals, and humans. While such (...) innovation is to be encouraged, we argue that a more comprehensive engagement with the ethics of these emerging fields of inquiry will add value in terms of the significance and impact of associated interventions. In this contribution, we highlight how the concept of spatial and temporal scale can be usefully deployed to shed light on a variety of ethical issues common to emerging environmental health perspectives, and that the potential of scalar analysis implicit to van Potter’s conceptualization of bioethics has yet to be fully appreciated. Specifically, we identify how scale interacts with key ethical issues that require consideration and clarification by one health, ecohealth, and planetary health researchers and practitioners to enhance the effectiveness of research and practice, including justice and governance. (shrink)

John Locke's religious interests and concerns permeate his philosophical production and are best expressed in his later writings on religion, which represent the culmination of his studies. In this volume, Diego Lucci offers a thorough analysis and reassessment of Locke's unique, heterodox, internally coherent version of Protestant Christianity, which emerges from The Reasonableness of Christianity and other public as well as private texts. In order to clarify Locke's views on morality, salvation, and the afterlife, Lucci critically examines Locke's theistic (...) ethics, biblical hermeneutics, reflection on natural and revealed law, mortalism, theory of personal identity, Christology, and tolerationism. While emphasizing the originality of Locke's scripture-based religion, this book calls attention to his influences and explores the reception of his unorthodox theological ideas. Moreover, the book highlights the impact of Locke's natural and biblical theology on other areas of his thought, thus enabling a better understanding of the unity of his work. (shrink)

In this paper we provide an introduction to a set of tools for syntactic analysis based on graph theory, and apply them to the study of some properties of English accusativus cum infinitivo constructions, more commonly known as raising to object or exceptional case marking structures. We focus on puzzling extraction asymmetries between base-generated objects and ‘raised’ objects and on the interaction between raising to object and Right Wrap. We argue that a lexicalised derivational grammar with grammatical functions as primitives (...) delivers empirically adequate analyses. (shrink)