This article examines various models of legal interpretation and their implications for comparative law, drawing inspiration from Rodolfo Sacco’s early career theories. It contrasts the Tarskian Correspondence Model, which seeks objective reality in legal texts, with the Symphonic Model, which interprets legal language as a harmonious interplay of elements. The Tarskian model reflects classical legal thought’s search for fixed meanings, while the Symphonic model aligns with contemporary legal practice’s nuanced understanding. Further, the article explores Heraclitean Realism, acknowledging the fluidity (...) of language and meaning, and the Provocative Tapestry Model, which introduces paradox and tension in legal interpretation. These models are likened to narrative genres, offering varied approaches to understanding legal discourse: the Tarskian model as a detective novel, the Symphonic model as a comedy, the Living Tapestry model as a melodrama, and the Provocative Tapestry model as a tragedy. The article argues that these models of legal interpretation do not inherently carry a political essence; the political stance emerges from the choices of interpreters. It emphasizes the need for human agency in the application of legal norms and the responsibility of legal professionals to actively engage in the interpretation process. Comparative law is discussed as a discipline that benefits from understanding these diverse interpretative models, as it seeks to analyze legal systems across jurisdictions. The article concludes that while narrative styles in legal interpretation have political histories, they are not bound to specific ideologies, highlighting the versatility and subjectivity in the field of legal interpretation. (shrink)

This paper proposes a critical analysis of that interpretation of the Nāgārjunian doctrine of the two truths as summarized—by both Mark Siderits and Jay L. Garfield—in the formula: “the ultimate truth is that there is no ultimate truth”. This ‘semantic reading’ of Nāgārjuna’s theory, despite its importance as a criticism of the ‘metaphysical interpretations’, would in itself be defective and improbable. Indeed, firstly, semantic interpretation presents a formal defect: it fails to clearly and explicitly express that which it contains logically; (...) the previously mentioned formula must necessarily be completed by: “the conventional truth is that nothing is conventional truth”. Secondly, after having recognized what Siderits’ and Garfield’s analyses contain implicitly, other logical and philological defects in their position emerge: the existence of the ‘conventional’ would appear—despite the efforts of semantic interpreters to demonstrate quite the contrary—definitively inconceivable without the presupposition of something ‘real’; moreover, the number of verses in Nāgārjuna that are in opposition to the semantic interpretation (even if we grant semantic interpreters that these verses do not justify a metaphysical reconstruction of Nagarjuna’s doctrine) would seem too great and significant to be ignored. (shrink)

This article considers the function and value of the mythos in Plato's Statesman. As first, I recall the context of the story and its function within the framework of diairetic inquiry about the definition of the real politician. Secondly, I point out that the formulation of the myth is based on a series of traditional stories to which a historical-reconstructive method is applied. I then highlight the ways of reasoning used by the characters in order to reconstruct a rational and (...) plausible account from the mythical tradition. Finally, I try to show that the story, even though it cannot reach the truth of the most stable objects of knowledge, displays a certain degree of plausibility, based on the internal coherence, on the respect of a series of principles admitted as true and, eventually, on its correspondence with the mythical tradition. (shrink)

Focused sequent calculi are a refinement of sequent calculi, where additional side-conditions on the applicability of inference rules force the implementation of a proof search strategy. Focused cut-free proofs exhibit a special normal form that is used for defining identity of sequent calculi proofs. We introduce a novel focused display calculus fD.LG and a fully polarized algebraic semantics FP.LG\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathbb {FP.LG}$$\end{document} for Lambek–Grishin logic by generalizing the theory of multi-type calculi and their (...) algebraic semantics with heterogenous consequence relations. The calculus fD.LG has strong focalization and it is sound and complete w.r.t. FP.LG\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathbb {FP.LG}$$\end{document}. This completeness result is in a sense stronger than completeness with respect to standard polarized algebraic semantics, insofar as we do not need to quotient over proofs with consecutive applications of shifts over the same formula. We also show a number of additional results. fD.LG is sound and complete w.r.t. LG-algebras: this amounts to a semantic proof of the so-called completeness of focusing, given that the standard (display) sequent calculus for Lambek–Grishin logic is complete w.r.t. LG-algebras. fD.LG and the focused calculus fLG of Moortgat and Moot are equivalent with respect to proofs, indeed there is an effective translation from fLG-derivations to fD.LG-derivations and vice versa: this provides the link with operational semantics, given that every fLG-derivation is in a Curry–Howard correspondence with a directional λ¯μμ~\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\overline{\lambda }\mu \widetilde{\mu }$$\end{document}-term. (shrink)

In the present paper, we endow semi De Morgan logic and a family of its axiomatic extensions with proper multi-type display calculi which are sound, complete, conservative, and enjoy cut elimination and subformula property. Our proposal builds on an algebraic analysis of the variety of semi De Morgan algebras, and applies the guidelines of the multi-type methodology in the design of display calculi.

This paper proposes an interpretation of Nāgārjuna’s doctrine of the two truths that considers saṃvṛti and paramārtha-satya two visions of reality on which the Buddhas, for soteriological and pedagogical reasons, build teachings of two types: respectively in agreement with (for example, the teaching of the Four Noble Truths) or in contrast to (for example, the teaching of emptiness) the category of svabhāva. The early sections of the article show to what extent the various current interpretations of the Nāgārjunian doctrine of (...) the dve satye—despite their sometimes even macroscopic differences—have a common tendency to consider the notion of śūnyatā as a teaching not based on, but equivalent to supreme truth. This equivalence—philologically questionable—leads to interpretative paths that prove inevitably aporetic: indeed, according to whether the interpretation of śūnyatā is ‘metaphysical’ or ‘anti-metaphysical’, it gives rise to readings of Nāgārjuna’s thought incompatible, respectively, with anti-metaphysical and realistic types of verses traceable in the works of the author of the Mūla-madhyamaka-kārikā (MMK). On the contrary, by giving more emphasis to the expression samupāśritya (“based on”), which recurs in MMK.24.8, and therefore, by epistemologically separating the notion of śūnyatā from the notion of paramārtha-satya (and of some of its conceptual equivalents such as nirvāṇa, tattva and dharmatā), we may obtain an interpretation—at once realistic and anti-metaphysical—of the theory of the two truths compatible with the vast majority (or even totality) of Nāgārjuna’s verses. (shrink)

This paper supports the thesis that nihilistic interpretations of Madhyamaka philosophy derive from generally antirealistic and/or metaphysical approaches to Nāgārjuna’s thought. However, the arguments and many images by way of which the author of the Mūlamadhyamakakārikā and his Indian commentators defend themselves from the charge of nihilism show limits in these approaches, and rather confirm that Nāgārjuna’s philosophy should be read as a theoretical proposal that is at once realistic and antimetaphysical. The epistemology inherent to the soteriological dimension of the (...) Buddha’s teaching, of which Nāgārjuna presents himself as a faithful continuer, assesses on the one hand the accomplishment of a ‘cognitive revolution’ consisting in the achievement of a new vision of reality and on the other the avoidance of any metaphysical description of the same vision. Comprehension of the Madhyamaka philosophical enterprise through a realistic-antimetaphysical lens seems to hinder and prevent the possibility of any nihilistic interpretation of Nāgārjuna. (shrink)

This paper supports the thesis that nihilistic interpretations of Madhyamaka philosophy derive from generally antirealistic and/or metaphysical approaches to Nāgārjuna’s thought. However, the arguments and many images by way of which the author of the Mūlamadhyamakakārikā and his Indian commentators defend themselves from the charge of nihilism show limits in these approaches, and rather confirm that Nāgārjuna’s philosophy should be read as a theoretical proposal that is at once realistic and antimetaphysical. The epistemology inherent to the soteriological dimension of the (...) Buddha’s teaching, of which Nāgārjuna presents himself as a faithful continuer, assesses on the one hand the accomplishment of a ‘cognitive revolution’ consisting in the achievement of a new vision of reality and on the other the avoidance of any metaphysical description of the same vision. Comprehension of the Madhyamaka philosophical enterprise through a realistic-antimetaphysical lens seems to hinder and prevent the possibility of any nihilistic interpretation of Nāgārjuna. (shrink)

Some time ago I advanced on the pages of this journal a critique of the interpretation given by Jay L. Garfield and Mark Siderits (hereafter GS) of Nāgārjuna’s doctrine of the two truths (Ferraro, J Indian Philos 41(2):195–219, 2013.1); to my article the two authors responded with a ‘defense of the semantic interpretation’ of the Madhyamaka doctrine of emptiness (GS, J Indian Philos 41(6):655–664, 2013). Their reply, however, could not consider my personal understanding of Nāgārjuna’s notions of śūnyatā and dve (...) satye. My interpretation of these notions was in fact absent in the paper GS responded, and was only related in a second paper of mine (Ferraro, J Indian Philos 41(5):563–590, 2013.2), still unpublished at the time of GS’s drafting of their ‘defense’. Therefore, in the present rejoinder, I found it appropriate, rather than responding point by point to the passages of GS’s reply, to advance a comparison between the semantic interpretation and my ‘realist antimetaphysical’ understanding of Nāgārjuna’s thought. (shrink)

In the first part of this paper I critically examine some of the main interpretations of “classical” Yogācāra philosophy of Maitreya, Asaṅga and Vasubandhu. Among these interpretations, based on extant textual and contextual data, I consider philologically unlikely both metaphysical-idealistic readings, which ascribe to these authors the view that ultimate reality is a mental or subjective stuff, and epistemological-idealistic readings which advocate that either Yogācāra suspends judgment on the existence of the extramental or that it maintains that the extramental exists (...) in itself and ultimately. Instead, I consider more likely the thesis that classical Yogācāra upholds an epistemological idealism that, while admitting epistemological priority of the mental over the extramental, rules out the ultimate existence of both the former and the latter. This exclusion, however, does not amount to the exclusion of every metaphysics, but rather to the adoption of a metaphysics of emptiness conceived, in fact, as absence of the mental/extramental dichotomy. In the second part of the paper this reading of classical Yogācāra is compared with the interpretation of Nāgārjuna’s philosophy that I elsewhere called “realistic antimetaphysical”, and I reach the conclusion that, while with respect to epistemology between early Madhyamaka and classical Yogācāra there is continuity, regarding metaphysics these two schools are deeply distinct and discontinuous: while Nāgārjuna conceives of emptiness as an extinction of any metaphysical view, Yogācāra emptiness actually presents itself as a metaphysical point of view. (shrink)

Drawing from field theory, Gestalt therapy conceives psychological suffering and psychotherapy as two intentional field phenomena, where unprocessed and chaotic experiences seek the opportunity to emerge and be assimilated through the contact between the patient and the therapist (i.e., the intentionality of contacting). This therapeutic approach is based on the therapist’s aesthetic experience of his/her embodied presence in the flow of the healing process because (1) the perception of beauty can provide the therapist with feedback on the assimilation of unprocessed (...) experiences; (2) the therapist’s attentional focus on intrinsic aesthetic diagnostic criteria can facilitate the modification of rigid psychopathological fields by supporting the openness to novel experiences. The aim of the present manuscript is to review recent evidence from psychophysiology, neuroaesthetic research, and neurocomputational models of cognition, such as the free energy principle (FEP), which support the notion of the therapeutic potential of aesthetic sensibility in Gestalt psychotherapy. Drawing from neuroimaging data, psychophysiology and recent neurocognitive accounts of aesthetic perception, we propose a novel interpretation of the sense of beauty as a self-generated reward motivating us to assimilate an ever-greater spectrum of sensory and affective states in our predictive representation of ourselves and the world and supporting the intentionality of contact. Expecting beauty, in the psychotherapeutic encounter, can help therapists tolerate uncertainty avoiding impulsive behaviours and to stay tuned to the process of change. (shrink)

This work suggests how much human sciences can learn from a booklet almost all cultures know, The Little Prince. It stimulates to read them in their anthropological aspects of behavior facing alterity, highlighting its value without proposing it as educational element to homogenize the different. The reflection is thus focused on the demolishing and lasting effects of European culture during its colonization of American and African people. The contribution ends with Ferraioli and De Vitoria's considerations on a society based on (...) the axiom of the free circulation of men and goods, and the legitimization of thinking given by natural law. (shrink)

Parte prima. Profili speculativi -- Parte seconda. Profili sociali, politici, giuridici -- Parte terza. Profili antropologici.

Premessa p.9 Capitolo I: Identità ebraica e nuovo pensiero p.13 Capitolo II: Qohelet nel “nuovo pensiero” p.81 Capitolo III: Etica e politica: un dialogo tra religioni? p. 149 Capitolo IV: Dal trascendentalismo all’esteriorità: fondazione etica della maestria p.207 Capitolo V: Dal primato della politica al primato dell’etica p.245 Capitolo VI: Emmanuel Lévinas: per una trascendenza non idolatrica p.287 Capitolo VII: Dall’umanismo dei superbi all’umanismo dell’altro uomo p.231.

A great deal of "epistemological" thought is dedicated to the question of the origin of the ideas that form our ordinary conception of reality.1 How do we obtain our view of the world as a whole composed of discrete substances, endowed with space-time extension, which are the substrata of specific qualities, linked to each other by different kinds of relation?This is a question that is certainly less problematic in contexts of thought that defend "pluralist" ontologies—where being is thought to amount (...) to a plurality of discrete and self-subsistent entities. There... (shrink)

Our paper is concerned with theories of direct perception in ecological psychology that first emerged in the second half of the twentieth century. Ecological psychology continues to be influential among philosophers and cognitive scientists today who defend a 4E (embodied, embedded, extended, enactive) approach to the scientific study of cognition. Ecological psychologists have experimentally investigated how animals are able to directly perceive their surrounding environment and what it affords to them. We pursue questions about direct perception through a discussion of (...) the ecological psychologist’s concept of affordances. In recent years, psychologists and philosophers have begun to mark out two explanatory roles for the affordance concept. In one role, affordances are cast as belonging to a shared, publicly available environment, and existing independent of the experience of any perceiving and acting animal. In a second role, affordances are described in phenomenological terms, in relation to an experiencing animal that has its own peculiar needs, interests and personal history. Our aim in this paper is to argue for a single phenomenological or experiential understanding of the affordance concept. We make our argument, first of all, based on William James’ concept of pure experience developed in his later, radical empiricist writings. James thought of pure experience as having a field structure that is organized by the selective interest and needs of the perceiver. We will argue however that James did not emphasize sufficiently the social and intersubjective character of the field of experience. Drawing on the phenomenologist Aron Gurwitsch, we will argue that psychological factors like individual needs and attention must be thought of as already confronted with a social reality. On the phenomenological reading of affordances we develop, direct perception of affordances is understood as taking place within an intersubjective world structured by human social and cultural life. (shrink)