Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...) they acquire a pro-tanto obligation to obey which does not depend for its validity on the justice of the cause being pursued. However, when the war is unjust, this obligation may be overridden, under certain conditions, by the obligation not to contribute to the unjustified killing of innocents. This is because the pro-tanto force of the duty to obey the law is best understood in terms of “presumptive”, rather than “exclusionary” reasons for action. This approach captures the insights of both the orthodox and the revisionist view, while avoiding the problems that afflict each of them. (shrink)

In this paper I criticise an influential version of associative theory of political obligation and I offer a reformulation of the theory in ‘quasi-voluntarist’ terms. I argue that although unable by itself to solve the problem of political obligation, my quasi-voluntarist associative model can play an important role in solving this problem. Moreover, the model teaches us an important methodological lesson about the way in which we should think about the question of political obligation. Finally, I suggest that the quasi-voluntarist (...) associative model is particularly attractive because it manages to combine the main thrust of the traditional associative view with the most attractive feature of transactional theories, while avoiding at the same time the main problems that afflict each of these two approaches. (shrink)

In a pair of recent papers, Allen Buchanan has outlined an ambitious account of the ethics of revolution and its implications for military intervention. Buchanan’s account is bold and yet sophisticated. It is bold in that it advances a number of theses that will no doubt strike the reader as highly controversial; it is sophisticated in that it rests on a nuanced account of how revolutions unfold and the constraints that political self-determination places on intervention. He argues that, despite the (...) importance of political self-determination, humanitarian intervention may be permissible without the consent of the rebelling population. Indeed, given certain structural features of revolutions, there are often reasons to disregard the consent of the population oppressed and intervene before the revolution starts. More controversially, he argues that military force may be employed to nullify the democratic constitutional choice of the newly liberated population and impose a particular form of democratic government, if this is necessary to guarantee the conditions for the future exercise of self-determination. In this paper, I further elaborate Buchanan’s account of political self-determination and argue that once correctly understood, it places tighter constraints on intervention than Buchanan allows. Thus, his bold conclusions should be resisted. (shrink)

Provided that traditional jus ad bellum principles are fulfilled, military humanitarian intervention to stop large scale violations of human rights (such as genocide, crimes against humanity or war crimes) is widely regarded as morally permissible. In cases of “supreme humanitarian emergency”, not only are the victims morally permitted to rebel, but other states are also permitted to militarily intervene. Things are different if the human rights violations in question fall short of supreme humanitarian emergency. Because of the importance of respecting (...) political self-determination, in cases of “ordinary oppression”, we normally think that rebellion might be permissible, but not military humanitarian intervention. Thus, according to the received view, the conditions for the permissibility of intervention coincide with the conditions for the permissibility of revolution in cases of supreme humanitarian emergency, but not in cases of ordinary oppression. In cases of ordinary oppression there is an asymmetry between the conditions for the permissibility of revolution and intervention (call this the Asymmetry View). Should we accept the Asymmetry View? I answer this question by outlining an account of political self-determination and by illustrating the complex role that this notion should play in discussing the morality of revolution and intervention. (shrink)

I offer a new account of fair-play obligations for non-excludable benefits received from the state. Firstly, I argue that non-acceptance of these benefits frees recipients of fairness obligations only when a counterfactual condition is met; i.e. when non-acceptance would hold up in the closest possible world in which recipients do not hold motivationally-biased beliefs triggered by a desire to free-ride. Secondly, I argue that because of common mechanisms of self-deception there will be recipients who reject these benefits without meeting the (...) counterfactual condition. For this reason, I suggest that those who reject non-excludable benefits provided by the state have a duty to support their rejection with adequate reasons. Failing that, they can be permissibly treated as if they had fair-play obligations (although in fact they might not have them). Thus, I claim that there is a distinction, largely unappreciated, between the question of whether we have a duty of fairness to obey the law and the question of whether we can be permissibly treated as if we had one. (shrink)

:The main point of contention between “naturalistic” and “political” theories of human rights concerns the need to invoke the notion of moral human rights in justifying the system of human rights included in the international practice. Political theories argue that we should bypass the question of the justification of moral human rights and start with the question of which norms and principles should be adopted to regulate the practice. Naturalistic theories, by contrast, claim that a convincing answer to the latter (...) question will have to presuppose some answer to the former. An adequate justification of the system of human rights included in the international practice, according to naturalistic approaches, will ultimately have to rely on some appeal to moral human rights. I call this view the “Priority of the Moral over the Political.” In this essay, I argue that the Priority of the Moral is harder to dismiss than political theories of human rights suggest, and that before we can assess the plausibility of these theories, they need to say more in defense of their claim that they can do without this view. I then consider the two main objections that seem to have motivated many philosophers to abandon the naturalistic approach to the justification of human rights in favor of the political one. I conclude by suggesting that a variant of naturalistic justification, the basic-needs account, has the resources to address these objections. (shrink)

According to the received view crimes like torture, rape, enslavement or enforced prostitution are domestic crimes if they are committed as isolated or sporadic events, but become crimes against humanity when they are committed as part of a ‘widespread or systematic attack’ against a civilian population. Only in the latter case can these crimes be prosecuted by the international community. One of the most influential accounts of this idea is Larry May’s International Harm Principle, which states that crimes against humanity (...) are those that somehow ‘harm humanity.’ I argue that this principle is unable to provide an adequate account of crimes against humanity. Moreover, I argue that the principle fails to account for the idea that crimes against humanity are necessarily group based. I conclude by suggesting that the problem with May’s account is that it relies on a harm-based conception of crime which is very popular, but ultimately mistaken. I submit that in order to develop an adequate theory of crimes against humanity we need to abandon the harm-based model and replace it with an alternative conception of crime and criminal law, one based on the notion of accountability. (shrink)

Provided that traditional jus ad bellum principles are fulfilled, military humanitarian intervention to stop large scale violations of human rights (such as genocide, crimes against humanity or war crimes) is widely regarded as morally permissible. In cases of “supreme humanitarian emergency”, not only are the victims morally permitted to rebel, but other states are also permitted to militarily intervene. Things are different if the human rights violations in question fall short of supreme humanitarian emergency. Because of the importance of respecting (...) political self‐determination, in cases of “ordinary oppression”, we normally think that rebellion might be permissible, but not military humanitarian intervention. Thus, according to the received view, the conditions for the permissibility of intervention coincide with the conditions for the permissibility of revolution in cases of supreme humanitarian emergency, but not in cases of ordinary oppression. In cases of ordinary oppression there is an asymmetry between the conditions for the permissibility of revolution and intervention (call this the Asymmetry View). Should we accept the Asymmetry View? I answer this question by outlining an account of political self‐determination and by illustrating the complex role that this notion should play in discussing the morality of revolution and intervention. (shrink)

Spinoza’s philosophy could be understood as a tireless research of the truth. Nevertheless it can’t be interpreted as a path that leads only the wise to the salvation. The effort to reach the bliss, freedom, the true knowledge of the mind, has to belong to all humanity. So the role of the philosopher must be to encourage men to seek the truth, to love it through the union with God above all else. This is the soteriological fabric of the early (...) works of Spinoza. It will lead to the exaltation of the homo liber and of the Spirit of Christ as the way of salvation in his mature works. Nature’s knowledge will be the lifeblood in the context of the research for the universal salvation of individuals as a happy community. (shrink)

La libertà di pensiero è l'assunto principale della filosofia di Spinoza in età moderna. La posizione dei filosofi nei confronti dell'ortodossia religiosa è particolarmente delicata, dal momento che pone in questione l'autorità stessa delle Scritture e la verità della Torah e della Chiesa. In particolare Spinoza riflette nel Trattato Teologico Politico del nesso tra il libero pensiero e l'obbedienza del popolo Ebraico alla Legge Mosaica.

Hermann Cohen, der Begründer der Marburger Schule des Neukantianismus, hat einen bis dato unterirdischen Einfluss auf den Logischen Empirismus ausgeübt. Seine Konzeption der transzendentalen Methode sowie seine scharfe Polemik gegen den Psychologismus wurden insbesondere von Rudolf Carnap und Hans Reichenbach zum Teil angenommen, aber zugleich auch umgewandelt. Reichenbach’s Analyse der Wissenschaft und Carnaps logische Analyse wissenschaftlicher Sätze sind mit Cohens Ansatz in dem Sinne noch verbunden, dass die Kritik der Vernunft Kantischer Prägung durch die Eruierung der begrifflichen Struktur wissenschaftlicher Theorien (...) ersetzt wird. Trotz offensichtlicher Differenzen handelt es sich doch um einen Zusammenhang, auf den die Forschung weiter einzugehen hat. (shrink)

Philosophers working on the morality of harm have paid surprisingly little attention to the problem of manipulation. The aim of this paper is to remedy this lacuna by exploring how liability to defensive harm is affected by the fact that someone posing an unjust threat has been manipulated into doing so. In addressing this problem, the challenge is to answer the following question: Why should it be the case that being misled into posing an unjust threat by manipulation makes a (...) difference to one’s liability, as compared to being misled into doing so by natural events or by someone’s honest attempt to persuade us? To answer this question, I first outline an account of manipulation and then use it to defend what I shall call the “Pre-emption Principle.”. (shrink)

It is often argued that scientific developments in the area of biomedicine call for new ethical paradigms. Given the inadequacies of the traditional “sanctity-of-life ethics” (SLE), many have argued for a quality-of-life ethics (QLE), based on a non-speciesistic theory ofthe value of life. In this paper, I claim that QLE cannot account for the normativity of moral judgments, which can be explained only within the context of a theory of practical rationality: the peculiarity of moral normativity calls for an ethics (...) based on respect for rational creatures. I then go on to argue that the ethics of respect for persons (ERP) is not equivalent to SLE; that it can ground the moral protection of human “marginal cases”; that it does not rely on a scientifically implausible notion of human nature; and that it is not vulnerable to the charge of speciesism. Lastly, I suggest that ERP is a strictly philosophical interpretation of the Judeo-Christian moral tradition, and that is a better interpretation than SLE. If these assertions are correct, then the necessity of a new moral paradigm is seriously undermined. (shrink)

Il lavoro concerne il delicato tema della libertà umana nella prospettiva spinoziana. L'obbedienza e la saggezza sembrano costituire le due possibilità per l'uomo dinanzi al raggiungimento della salvezza. Il filosofo olandese delinea nelle sue opere, e in particolare nel Trattato Teologico Politico, due percorsi in grado di condurre gli uomini verso la beatitudine. La dicotomia tra i due percorsi - il primo segnato da una conoscenza chiara e intuitiva del sommo bene, il secondo da un'azione morale ispirata alla carità - (...) viene risolta analizzando il messaggio cristiano, che costituisce uno dei principali punti di discussione tra Spinoza e le sette ereticale del suo tempo. (shrink)

Il lavoro di tesi analizza il problema cristologico nella filosofia di Spinoza alla luce delle riletture contemporanee sul tema, attraversando questioni di argomento etico, pedagogico e religioso. Viene condotto dall'autore un meticoloso lavoro di analisi relativo alle occorrenze testuali delle espressioni riferite a Cristo e ai Cristiani nell'intera produzione spinoziana. Sebbene il tema cristologico non sia affrontato quasi mai in modo esplicito dal filosofo olandese, il lavoro di tesi mostra quanto diffusi siano tali riferimenti e come possa essere interessante rileggere (...) Spinoza proprio a partire dalla sua profonda ammirazione nei confronti della figura più affascinante della storia dell'Occidente. (shrink)

This section presents a selection from the proceedings of a colloquium held at Brown University in the spring of 2015. The event was hosted by the Virtual Humanities Lab in the Department of Italian Studies, in collaboration with the Center for Digital Scholarship in the Brown University Library, and DARIAH-Italy. Its aim was to explore the new types of scholarly output produced when scholars use digital methods to collaborate on, annotate and visualize traditional materials.

L’articolo affronta gli interessi storico-artistici del letterato e storico Francesco Saverio Quadrio (Ponte in Valtellina 1695-Milano 1756), noto soprattutto per i suoi studi sulla storia della poesia e della sua terra natale, la Valtellina. Nei suoi libri Quadrio ha raccolto e combinato diverse informazioni anche su artisti e opere d’arte. Non tutte le notizie raccolte sono affidabili, ma i suoi studi sono comunque stati una delle fonti per l’aggiornamento di volumi importanti per la loro grande diffusione internazionale, come gli studi (...) di Johann Caspar Füssli o il famoso Dictionary of Painters Pilkington. Si è perciò cercato di comprendere il metodo di lavoro di Quadrio, indagando l’origine delle sue ipotesi, ma anche gli effetti di queste nella storiografia successiva. (shrink)