This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and the nature (...) of conflicts among them. -/- Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing dilemmas of the day.Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse. -/- The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this book demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas, Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse. (shrink)

“Acme” è arrivata al suo settantacinquesimo anno.

How to accommodate diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca argues that traditional models of secularism, focusing on the relationship of state and church, are out-dated and that only by embracing a new picture of what secularism means can Europe move forward in the public reconciliation of its religious diversity.The book develops a new model (...) of secularism suitable for Europe as a whole. The new model of secularism is concerned with the way in which modern secular states deal with the presence of diversity in the society. This new conception of secularism is more suited to the European Union whose overall aim is to promote a stable, peaceful and unified economic and political space starting from a wide range of different national experiences and perspectives. The new conception of secularism is also more suited for the Council of Europe at large, and in particular the European Court of Human Rights which faces growing demands for the recognition of freedom of religion in European states. The new model does not defend secularism as an ideological position, but aims to present secularism as our common constitutional tradition as well as the basis for our common constitutional future. (shrink)

This book analyzes the uses of emotive language and redefinitions from pragmatic, dialectical, epistemic and rhetorical perspectives, investigating the relationship between emotions, persuasion and meaning, and focusing on the implicit dimension of the use of a word and its dialectical effects. It offers a method for evaluating the persuasive and manipulative uses of emotive language in ordinary and political discourse. Through the analysis of political speeches and legal arguments, the book offers a systematic study of emotive language in argumentation, rhetoric, (...) communication, political science and public speaking. (shrink)

Cet article se propose de décrire le projet épistémique des sciences des systèmes complexes. Domaine interdisciplinaire fondé par le Santa Fe Institute en 1984 aux États-Unis, il a été décrit par ses représentants comme un champ d’étude interdisciplinaire, post-laplacien, holiste et antiréductionniste. Des journalistes populaires et des sociologues intéressés et qui ont soutenu ce domaine en ont repris les discours, en annonçant l’avènement d’un nouveau paradigme révolutionnaire pour tous les savoirs. Dans ce texte, on montrera que le projet épistémique des (...) sciences de la complexité est moins pluraliste, antipositiviste et antiréductionniste que ce que l’on en dit. Je tâcherai de montrer en quoi le cadre épistémologique et ontologique de ce champ d’études reste analytique et réductionniste dans un sens physicaliste, computationnaliste, mathématique et biologisant. (shrink)

The purpose of this paper is to provide a basis for a systematic development of signaling theory on CSR initiatives. The paper proposes signaling theory as a framework supportive of a strategic CSR approach; maps extant research on signaling through CSR initiatives; offers a comprehensive assessment of the most diffused CSR initiatives and discusses their eligibility as signaling devices; and outlines a research agenda to further develop and test signaling theory in business ethics. Specifically, the study reconsiders some key assumptions, (...) identifies key gaps in empirical validation, and proposes directions to extend multiple signal, signaling pattern, and target cases. (shrink)

I motivate and characterize an intensional semantics for ‘ought’ on which it does not behave as a universal quantifier over possibilities. My motivational argument centers on taking at face value some standard challenges to the quantificational semantics, especially to the idea that ‘ought’-sentences satisfy the principle of Inheritance. I argue that standard pragmatic approaches to these puzzles are either not sufficiently detailed or unconvincing.

Raccolta di saggi dedicati al Prof. Franco De Capitani.

Raccolta di saggi sulla storia della filosofia rinascimentale e moderna.

Raccolta di saggi sulla storia della filosofia rinascimentale e moderna.

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...) studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (shrink)

In contemporary discussions of abortion, both sides argue well-worn positions, particularly concerning the question, When does human life begin? Though often invoked by the Catholic Church for support, Thomas Aquinas in fact held that human life begins after conception, not at the moment of union. But his overall thinking on questions of how humans come into being, and cease to be, is more subtle than either side in this polarized debate imagines. Fabrizio Amerini--an internationally renowned scholar of medieval philosophy--does (...) justice to Aquinas's views on these controversial issues. Some pro-life proponents hold that Aquinas's position is simply due to faulty biological knowledge, and if he knew what we know today about embryology, he would agree that human life begins at conception. Others argue that nothing Aquinas could learn from modern biology would have changed his mind. Amerini follows the twists and turns of Aquinas's thinking to reach a nuanced and detailed solution in the final chapters that will unsettle familiar assumptions and arguments. Systematically examining all the pertinent texts and placing each in historical context, Amerini provides an accurate reconstruction of Aquinas's account of the beginning and end of human life and assesses its bioethical implications for today. This major contribution is available to an English-speaking audience through translation by Mark Henninger, himself a noted scholar of medieval philosophy. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

Contrastivists view ought-sentences as expressing comparisons among alternatives. Deontic actualists believe that the value of each alternative in such a comparison is determined by what would actually happen if that alternative were to be the case. One of the arguments that motivates actualism is a challenge to the principle of agglomeration over conjunction—the principle according to which if you ought to run and you ought to jump, then you ought to run and jump. I argue that there is no way (...) of developing the actualist insight into a logic that invalidates the agglomeration principle without also invalidating other desirable patterns of inference. After doing this, I extend the analysis to other contrastive views that challenge agglomeration in the way that the actualist does. This motivates skepticism about the actualist’s way of challenging agglomeration. (shrink)

Statements about the future are central in everyday conversation and reasoning. How should we understand their meaning? The received view among philosophers treats will as a tense: in ‘Cynthia will pass her exam’, will shifts the reference time forward. Linguists, however, have produced substantial evidence for the view that will is a modal, on a par with must and would. The different accounts are designed to satisfy different theoretical constraints, apparently pulling in opposite directions. We show that these constraints are (...) jointly satisfied by a novel modal account of will. On this account, will is a modal but doesn't work as a quantifier over worlds. Rather, the meaning of will involves a selection function similar to the one used by Stalnaker in his semantics for conditionals. The resulting theory yields a plausible semantics and logic for will and vindicates our intuitive views about the attitudes that rational agents should have towards future-directed contents. (shrink)

This paper motivates and develops a novel semantic framework for deontic modals. The framework is designed to shed light on two things: the relationship between deontic modals and substantive theories of practical rationality and the interaction of deontic modals with conditionals, epistemic modals and probability operators. I argue that, in order to model inferential connections between deontic modals and probability operators, we need more structure than is provided by classical intensional theories. In particular, we need probabilistic structure that interacts directly (...) with the compositional semantics of deontic modals. However, I reject theories that provide this probabilistic structure by claiming that the semantics of deontic modals is linked to the Bayesian notion of expectation. I offer a probabilistic premise semantics that explains all the data that create trouble for the rival theories. (shrink)

We discuss the semantic significance of a puzzle concerning ‘ought’ and conditionals recently discussed by Kolodny and MacFarlane. We argue that the puzzle is problematic for the standard Kratzer-style analysis of modality. In Kratzer’s semantics, modals are evaluated relative to a pair of conversational backgrounds. We show that there is no sensible way of assigning values to these conversational backgrounds so as to derive all of the intuitions in Kolodny and MacFarlane’s case. We show that the appropriate verdicts can be (...) derived by extending Kratzer’s framework to feature a third conversational background and claiming that the relevant reading of ‘ought’ is sensitive to this parameter. (shrink)

This thesis is a defense of the Content View on perceptual experience, of the idea that our perceptual experiences represent the world as being a certain way and so have representational content. Three main issues are addressed in this work. Firstly, I try to show that the Content View fits very well both with the logical behaviour of ordinary ascriptions of seeing-episodes and related experiential episodes, and with our pretheoretical intuitions about what perceiving and experiencing ultimately are: that preliminary analysis (...) speaks for the prima facie plausibility of such a view. Secondly, I put forward a detailed account of perceptual episodes in semantic terms, by articulating and arguing for a specific version of the Content View. I provide arguments for the following theses: Perceptual content is two-layered so it involves an iconic level and a discrete or proto-propositional level. Perceptual content is singular and object-dependent or de re, so it includes environmental objects as its semantic constituents. The phenomenal character of perceptual experience is co-determined by the represented properties together with the Mode, but not by the perceived objects: that is what I call an impure representationalism. Perceptual content is 'Russellian': it consists of worldly objects, properties and relations. Both perceptual content and phenomenal character are 'wide' or determined by environmental factors, thus there is no Fregean, narrow perceptual content. Thirdly, I show that such a version of the Content View can cope with the objections which are typically moved against the Content View as such by the advocates of disjunctivism. I myself put forward a moderately disjunctivist version of the Content View, according to which perceptual relations must be told apart from hallucinations as mental states of a different kind. Such a disjunctivism is 'moderate' insofar as it allows genuinely relational perceptual experiences and hallucinations to share a positive phenomenal character, contrary to what Radical Disjunctivism cum Naïve Realism holds. Showing that the Content View vindicates our pre-theoretical intuitions and does justice of our ordinary ascriptive practices, articulating a detailed and argued version of the Content View, and showing that such a version is not vulnerable to the standard objections recently moved to the Content View by the disjunctive part, all that can be considered as a big, multifaceted Argument for the Content View. (shrink)

Raccolta di saggi dedicati al Prof. Franco De Capitani.

The purpose of this paper is to analyze the structure and the defeasibility conditions of argument from analogy, addressing the issues of determining the nature of the comparison underlying the analogy and the types of inferences justifying the conclusion. In the dialectical tradition, different forms of similarity were distinguished and related to the possible inferences that can be drawn from them. The kinds of similarity can be divided into four categories, depending on whether they represent fundamental semantic features of the (...) terms of the comparison or non-semantic ones, indicating possible characteristics of the referents. Such distinct types of similarity characterize different kinds of analogical arguments, all based on a similar general structure, in which a common genus is abstracted. Depending on the nature of the abstracted common feature, different rules of inference will apply, guaranteeing the attribution of the analogical predicate to the genus and to the primary subject. This analysis of similarity and the relationship thereof with the rules of inference allows a deeper investigation of the defeasibility conditions. (shrink)

The concept of corporate social responsibility has been the subject of several academic contributions, but in the health sector the development of an interest in this subject is very recent. Although many practices in healthcare are already socially responsible, progressing from a series of socially responsible behaviours to a socially responsible organization entails a more consolidated awareness of the health sector’s mission and the needs of its participants. In this paper, we will review the different studies published that address the (...) relationship between the healthcare sector’s corporate responsibility and society, with the aims of individuating the prevailing foci that are emerging and categorizing the proposed contributions according to these foci: social responsibility and organization; social responsibility and social impact; social responsibility and competitiveness. Finally, the paper finishes with a personal definition of CSR and its correlated ethical roots. (shrink)

Judgment aggregation problems are language dependent in that they may be framed in different yet equivalent ways. We formalize this dependence via the notion of translation invariance, adopted from the philosophy of science, and we argue for the normative desirability of translation invariance. We characterize the class of translation invariant aggregation functions in the canonical judgment aggregation model, which requires collective judgments to be complete. Since there are reasonable translation invariant aggregation functions, our result can be viewed as a possibility (...) theorem. At the same time, we show that translation invariance does have certain normatively undesirable consequences (e.g. failure of anonymity). We present a way of circumventing them by moving to a more general model of judgment aggregation, one that allows for incomplete collective judgments. (shrink)

We contend that it is possible to argue reasonably for and against arguments from classifications and definitions, provided they are seen as defeasible (subject to exceptions and critical questioning). Arguments from classification of the most common sorts are shown to be based on defeasible reasoning of various kinds represented by patterns of logical reasoning called defeasible argumentation schemes. We show how such schemes can be identified with heuristics, or short-cut solutions to a problem. We examine a variety of arguments of (...) this sort, including argument from abductive classification, argument from causal classification, argument from analogy-based classification and arguments from classification based on generalizations. (shrink)

Comunicación sobre la reciente edición / Communication about this recent edition: Giambattista Vico, PRINCIPJ D'UNA SCIENZA NUOVA D'INTORNO ALLA COMUNE NATURA DELLE NAZIONI , a cura di Fabrizio Lomonaco e Fulvio Tessitore con una Nota di Manuela Sanna, Liguori Editore, Napoli, 2002, pp. 528.

" This Volume tries to cover some important parts of the whole spectrum of European Studies. The essay of Fabrizio Sciacca begins with the issue of human rights. Sciacca relates the development of human rights regimes within the European Union to the general question of human rights education, without which human rights must keep abstract legality" (Hauke Brunkhorst, Preface).

What is the origin and meaning of our aesthetic sense? Is it genetically encoded or is it culturally inherited? The aim of the essay is to answer to such issues by defining the emergent and meta-functional character of the aesthetic attitude. First, I propose to include the faculty of desire in the free play of the cognitive faculties at the center of Kant’s Critique of Judgment. The following step is given by a brief analysis of Darwin’s controversial remarks on the (...) pre-human birth of aesthetics and its relationship with sexual selection (§§ 1-2). The point of discontinuity between a mere animal aesthetic sense and a proto-human one is then found to become indeterminate of desire in the correlative diversification of aesthetic attractors (§§ 3-4). Successively, I deal with the supervenience character of the aesthetic and its anticipatory value. After a short genealogy of the notion of supervenience, I then develop its affinity with that of epigenesis (§§ 5-6). Afterwhich follows a review of two contemporary evolutionary perspectives on aesthetics: T. Deacon’s essay on the “aesthetic faculty” and J. Tooby and L. Cosmides thesis on the evolutionary meaning of the aesthetic-fictional activities (§§ 7-8). Conclusively, the epigenesis of an aesthetic mind is considered as the unity between the breath of aísthesis and the breath of linguistic sign (§§ 9-10). (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

Metaphorical meaning can be analyzed as triggered by an apparent communicative breach, an incongruity that leads to a default of the presumptive interpretation of a vehicle. This breach can be solved through contextual renegotiations of meaning guided by the communicative intention, or rather the presumed purpose of the metaphorical utterance. This paper addresses the problem of analyzing the complex process of reasoning underlying the reconstruction of metaphorical meaning. This process will be described as a type of abductive argument, aimed at (...) explaining how the vehicle can best contribute to the purpose of the utterance. This type of reasoning involves the analysis of the possible predicates that can be and usually are attributed to the vehicle, and the selection of the one that can support the implicit conclusion constituting the communicative goal of the metaphorical utterance. Metaphorical meaning, in this perspective, becomes the outcome of a complex process of meaning reconstruction aimed at providing the best explanation of the function of the vehicle within a discourse move. (shrink)

This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...) we need to depend on an abductive process of interpretation. (shrink)

Les pensées de Brad Will, empoignant sa caméra en plein échange de tirs entre des paramilitaires du PRI1 et l’Assemblée populaire des peuples de Oaxaca , furent peut-être une succession d’images : le jeune militant au visage couvert lui criant d’arrêter de filmer ; l’homme corpulent à sept mètres de lui incitant les autres à continuer d’avancer, vers les coups de feu ;..

The relationship between teaching and argumentation is becoming a crucial issue in the field of education and, in particular, science education. Teaching has been analyzed as a dialogue aimed at persuading the interlocutors, introducing a conceptual change that needs to be grounded on the audience’s background knowledge. This paper addresses this issue from a perspective of argumentation studies. Our claim is that argumentation schemes, namely abstract patterns of argument, can be an instrument for reconstructing the tacit premises in students’ argumentative (...) reasoning and retrieving the background beliefs that are the basis of their arguments. On this perspective, the process of premise reconstruction is followed by a heuristic reasoning process aimed at discovering the students’ previous intuitions that can explain the premises and concepts that are left unexpressed in their arguments. The theoretical insights advanced in this paper are illustrated through selected examples taken from activities concerning predictive claims on scientific issues. (shrink)

This paper concerns the Aristotelian inquiry on φαντασία’ in De Anima iii 3. I argue for a systematic interpretation of the chapter, according to which iii 3 neatly instantiates what David Charles has called the Three Stage View on scientific inquiry. The first stage establishes the meaning of the term φαντασία so it provides a nominal definition of the object, the second stage dialectically confirms the existence of φαντασία as something different from other already known cognitive powers (perception, thought), the (...) third stage posits a hypothetical essence (real definition), then it tests its power of enabling us to derive from such an essence those manifest and apparent features of φαντασία, that had been previously individuated. On the basis of such reading, some general suggestions on the status and role of φαντασία are also proposed, on the basis of which we can take the definition of iii 3 to be consistent with any other explanatory uses of φαντασία in the corpus. (shrink)

The implicit dimension of enthymemes is investigated from a pragmatic perspective to show why a premise can be left unexpressed, and how it can be used strategically. The relationship between the implicit act of taking for granted and the pattern of presumptive reasoning is shown to be the cornerstone of kairos and the fallacy of straw man. By taking a proposition for granted, the speaker shifts the burden of proving its un-acceptability onto the hearer. The resemblance of the tacit premise (...) with what is commonly acceptable or has been actually stated can be used as a rhetorical strategy. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Provisional draft, pre-production copy of my book “The Modal Future” (forthcoming with Cambridge University Press).