Without extending the historical analysis, this article analyzes the relationship between the legal concept of person with regard to the notion of living independently. The concept is normatively established in Article 19 of the CRPD and is presented as a legal fiction. The legal technique of fictio iuris is the premise for analyzing contemporary problems, for example, the attribution of responsibilities to non-human personalities, such as robots. The article, however, develops the problem of attributing rights to persons with disabilities. The (...) contraposition of robots and disabled people, understood as opposing visions of anthropological and human models, is part of the philosophical dispute between humanism and post- or transhumanism. The conception of man appears different if created in the image and likeness of God, or as the fruit of evolution from primates, or as a transhumanist entity that can be replaced by the robot. The latter vision is rooted in the mechanization of the mind triggered by cybernetics and cognitive sciences and referable to problems of justice theory and political philosophy concerning the inclusion in society of disabled people. In this article I will limit myself to analyzing, against the background of this complex problem, the link between person, legal fiction and the right to disability starting from the criticism addressed by Nussbaum to Rawls based on the convention and following the methodology developed by Marchisio and Curto in order to clarify the legal connection between thirdness, disability, and person.However, I go one step further by including the issue of disability as justice within the evolution of the notion of the legal person, through the inclusion of fictio iuris and rhetorical methodology in positive law, as a criterion for the interpretation of art. 19 CRPD. (shrink)

The article reconstructs the is/ought debate in legal theory through a phenomenological reading of the concept of normality. An analysis of Siniscalchi, Fuller and Manderson looks at the issue from the perspective of law and literature, and then applies Giambattista Vico’s rhetorical methodology within the contemporary debate. The question: “is Hume’s law really visible within Hume’s thought?” also paradoxically poses the figure of phantoms and fictions at the heart of the current theoretical debate on law. A history of the phantom (...) placed at the centre of the history of Western institutions still remains to be written, but a comparison of very diverse and incongrous approaches such as the extended order of Hayek, the dogmatic anthropology of Legendre, the eunomics of Fuller and the new science of Vico shows how the mystery of consciousness and the mystery of institutions are inextricably entwined. It is impossible at the moment to draw a coherent doctrine from these conflicting perspectives, but their convocation is sufficient to demonstrate how the theory of law is always suspended between the unknown and the human attempt to inhabit it, moving us toward an affective turn that has yet to be fully conceived in the theory of law, following the iconic turn. The anthropological primacy of fictio and the aesthetic-legal dimension in the constitution of language is not that of a logic and separation from the body and meaning, but the exact inverse, even in the unavoidable constant tension between the two poles: logic is born through the gesture of the body that precedes it, as myth precedes the foundation of the State; the origin of the concept is affective, as Hume, and perhaps Vico himself, would have passionately affirmed. (shrink)

After giving a brief overview of the renewal of interest in logic and the foundations of mathematics in Göttingen in the period 1914-1921, I give a detailed presentation of the approach to the foundations of mathematics found in Behmann's doctoral dissertation of 1918, Die Antinomie der transfiniten Zahl und ihre Auflösung durch die Theorie von Russell und Whitehead. The dissertation was written under the guidance of David Hilbert and was primarily intended to give a clear exposition of the solution to (...) the antinomies as found in Principia Mathematica. In the process of explaining the theory of Principia, Behmann also presented an original approach to the foundations of mathematics which saw in sense perception of concrete individuals the Archimedean point for a secure foundation of mathematical knowledge. The last part of the paper points out an important numbers of connections between Behmann's work and Hilbert's foundational thought. (shrink)

At the same time, the book is a contribution to recent philosophical debates, in particular on the prospects for a successful nominalist reconstruction of .

Pierre de Fermat is known as the inventor of modern number theory. He invented–improved many methods useful in this discipline. Fermat often claimed to have proved his most difficult theorems thanks to a method of his own invention: the infinite descent. He wrote of numerous applications of this procedure. Unfortunately, he left only one almost complete demonstration and an outline of another demonstration. The outline concerns the theorem that every prime number of the form 4n + 1 is the sum (...) of two squares. In this paper, we analyse a recent proof of this theorem. It is interesting because: it follows all the elements of which Fermat wrote in his outline; it represents a good introduction to all logical nuances and mathematical variants concerning this method of which Fermat spoke. The assertions by Fermat will also be framed inside their historical context. Therefore, the aims of this paper are related to the history of mathematics and to the logic of proof-methods. (shrink)

Part one: the act of speaking -- The speaker as performing artist -- The absolute performative -- The repetition of anthropogenesis -- Part two: toward a critic of interiority -- Second-degree sensualism: a physiognomic project -- In praise of reification -- Part three: from the beginning and right now -- Natural history -- The multitude and the principle of individuation -- Appendix: Wittgenstein and the question of atheism.

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 357-370.

One of the complications of a clear evaluation of different positions called “realism” in metaphysics and ontology is discrepancy in terminology and variance of basic intuitions inherent this notion. I recommend a taxonomy that distinguishes three kinds of variance: variance in the sets of conditions for a philosophical position to be acknowledged as actual realism, variance in strength and variance in conceptual frameworks. Within this last case, I propose to differentiate realism in epistemology, in ontology, and in metaphysics, intersecting these (...) three variants with the local/global realism dichotomy. The taxonomy here provided aims at being meta-philosophical; expressive enough for a fine-grained articulation of different philosophical positions in the recent debate, including the question of metaphysical grounding; and impartial, with no need to be connected to the defense of one form or another of the philosophical positions called “realism.”. (shrink)

_An examination of the philosophical notion of sacrifice from Kant to Nietzsche._.

"The fact is, man is an etymologizing animal."Etymologizing—the practice of connecting one word with one or more other similar-sounding words that are believed to elucidate its meaning1—is a complex and putatively universal phenomenon.2 Thus, to take two representative examples far apart in time and space, etymologizing practices figure prominently in some episodes of the Hebrew Bible,3 but also provide some modern influential thinkers with an important mode of argument.4 Perhaps etymologizing is so pervasive because it offers a pliable and powerful (...) tool for addressing a key question, namely, why is something called what it is?While this question has universal appeal, only a few cultures seem to have addressed it... (shrink)

In this paper I rely on recent literature that emphasises the importance of recognition in Hegel's philosophy in order to apply the recognition-theoretic approach to the notion of sacrifice in the Phenomenology of Spirit. Firstly, I conduct a preliminary analysis by examining the general meaning of sacrifice as a form of determinate negation. Secondly, I focus on two phenomenological moments (the struggle between ?faith? and ?pure insight?, and the cult) in order to answer the question, ?Is a real (effective and (...) unselfish) sacrifice possible?? Finally, I argue that sacrifice should be considered as a Darstellung, and I explain the twofold connection between sacrifice and recognition. I conclude that there is no sacrifice without recognition, and the process of recognition is intrinsically sacrificial. (shrink)

Ever since the early decades of this century, there have emerged a number of competing schools of ecology that have attempted to weave the concepts underlying natural resource management and natural-historical traditions into a formal theoretical framework. It was widely believed that the discovery of the fundamental mechanisms underlying ecological phenomena would allow ecologists to articulate mathematically rigorous statements whose validity was not predicated on contingent factors. The formulation of such statements would elevate ecology to the standing of a rigorous (...) scientific discipline on a par with physics. However, there was no agreement as to the fundamental units of ecology. Systems ecologists sought to identify the fundamental organization that tied the physical and biological components of ecosystems into an irreducible unit: the ecosystem was their fundamental unit. Population ecologists sought, instead, to identify the biological mechanisms regulating the abundance and distribution of plant and animal species: to these ecologists, the individual organism was the fundamental unit of ecology, and the physical environment was nothing more than a stage upon which the play of individuals in perennial competition took place. As Joel Hagen has pointed out, the two schools were thus dividied by fundamentally different and irreconcilable assumptions about the nature of ecosystems.Notwithstanding these divisive efforts to elevate the image of ecology, the discipline remained in the shadows of American academia until the mid-1960s, when systems ecologists succeeded in projecting ecology onto the national scene. They did so by seeking closer involvement with practical problems: they argued before Congress that their approach to the theoretical problems of ecology was uniquely suited to the solution of the impending “environmental crisis.” With the establishment of the International Biological Program, they succeeded in attracting unprecedented levels of funding for systems ecology research. Theoretical population ecologists, on the other hand, found themselves consigned to the outer regions of this new institutional landscape. The systems ecologists' successful capture of the limelight and the purse brought the divisions between them and population ecologists into sharper relief — hence the hardening of the division of ecology observed by Hagen.45I have argued that the population biologist Richard Levins, prompted by these institutional developments, sought to challenge the social position of systems ecology, and to assert the intellectual priority of theoretical population ecology. He attempted to do so by articulating a nontrivial and rather carefully thought out classification of ecological models that led to the disqualification of systems analysis as a legitimate approach to the study of ecological phenomena. I have suggested that — ultimately —Levins's case against systems analysis in ecology rested on the view that an aspiration to realism and prediction was incompatible with an interest in theoretical issues, a concern that he equated with the search for generality. He sought to reinforce this argument by exploiting the fact that systems ecologists had staked their future on the provision of technical solutions to the problems of the “environmental crisis”: he associated systems ecologists' aspiration to realism and precision with a concern for practical issues, trading on the widely accepted view that practical imperatives are incompatible with the aims of scientific inquiry.46 These are plausible, but nonetheless questionable, claims which have now become an integral part of ecological knowledge. And finally, I hope to have shown how even the most abstract levels of scientific argument are shaped by political considerations, and how discussions of the conceptual development of modern ecology might benefit from a greater consideration of its historical and social dimensions.47. (shrink)

The paper aims to describe the stakes of a Nietzschean influence on Deleuze's reflections on the transcendental and conversely to highlight the Deleuzian operation of politicising Nietzsche by ‘minorising’ him. In order to further understand such a complex relationship of becoming between Deleuze and Nietzsche, the first objective of the paper is to focus on active and reactive forces, which seem to be the core of this very relation. Thus, the paper suggests that micropolitics has its conditions of possibility in (...) the Nietzschean corpus and, in particular, in the symptomatology of decadence, resentment and nihilism. In this sense, now the title of the paper reveals its meaning: the whole Deleuzian operation could be summarised as the passage from the criticism and questioning of an image of Nietzsche ‘forbidden to minors’, typical of the interpretations of the first half of the twentieth century, to a becoming-minor of these very same Nietzschean concepts. It is precisely through such a becoming-minor that Nietzsche's diagnosis and concepts are translated in a political and emancipatory key, in order to give power to minorities. (shrink)

The aim of this chapter is to reconstruct a hypothetical genealogy of the U.S. national motto “in God we Trust” by comparing the juridical and theological concept of “depositum”. According to Philo of Alexandria, the deposit was the most sacred institutional act of ancient social life, because it had both a religious and a sociological function. According to the Epistulae to Timothy the term ‘deposit’ defined the legacy of the Christian faith of which the disciple of St. Paul was entrusted. (...) His task was to manage this legacy and to spread it among the others. Hence the deposit defined at the same time a contract based upon good faith and a symbolic space of “security”, namely a container that protected an unchangeable content: the oral knowledge transmitted by Christ to the Apostoles and, indirectly, to St. Paul. The depositum was also the procedure through which the word of Christ would acquire all its potential. On the other hand, the contract defined as “depositum” by Roman law was characterized by a centrality of the so-called bona fides and by the distinction between regular and irregular deposit. This means that the principle of good faith should lead the conducts of the manager whose task is exactly to look after an object called Christian faith. How can we interpret the word ‘trust’ according to the juridico-political remarks? The purpose of this chapter is to explain all these related issues. (shrink)

The article aims at describing an alternative way to the Foucaldian escape of sovereignty. According to Foucault the only chance to reach this goal is to “go beyond” this concept as well as of linked concepts such as “law” and “institution”. On the one hand this vision is affected by the erroneous identification of law with the order of the sovereign, while the original private dimension of law is totally neglected. On the other hand, Foucault cannot assume that it is (...) also possible to delegitimize sovereignty with the very tools of law, namely in a trial. The article deals with the case of the «mutilated sovereignty» of the Italian State which has been acknowledged by a court in 2006. The government has been compensated for the damages suffered by the State because of the illegal activity in a region. The sovereignty has been “estimated”. But estimating something unquantifiable like sovereignty is destroying its symbolic force. (shrink)

Biopolitics, as interaction of power and subjectivity, creates new ways of making law. It is no longer the definition of borders. It gives legitimacy to emerging practices.

According to Merleau-Ponty, institution has to do with the deposit of a sense. This operation invokes a gesture of completion that is left to a future of recovery, modifications and alterations that expose that deposited sense to dialectical tensions between orthodox conservation and inevitable deviations. The decisive issue at stake is then announced precisely around this ambivalent status of the institution, which becomes the guardian of the deposited sense, not to fix it in a systematized repetition but to welcome, measure (...) and ensure its evolution. Thus “instituting” indicates the ouverture d'un champ, the possibility of setting the sense in a container with an extensible shell. It deals with the capacity of preserving the duration of the sense originally deposited but also of increasing the quality of its substance in the course of history. On these dynamic potentialities of the “deposited” and administered sense Merleau-Ponty’s notes manage to glimpse an essential technical quality that, for example, Christianity has been able to exploit to the maximum. (shrink)

The institution is always a heteronomous construction which supposes the intervention of a “fiat” establishing a break in the continuum of the natural succession of events. This beginning is a sequence of acts leading to a practical judgment on a reality that exists only because of this qualification. This is the sense of the legal verb instituere. The paper tests this vision of the institution on the case of a widespread practice in the managerial world: the 360-degree feedback. A Jesuit (...) genealogy of this practice illustrates new cultures within the firm and the consequences on the subjectivity level. (shrink)

Christ as symbol in Kant¿s religion -- Hegel's conception of God -- The reality of religion in Hegel's idealist metaphysics -- Hegel's version of the ontological argument for the existence of God -- The trinity and the I -- The death of God and recognition of the self -- Beyond subjectivism -- The relevance of Hegel's philosophy of religion today.

Unilateral neglect stems from a relatively selective impairment of exogenous, or stimulus-related, orienting of attention. This neuropsychological evidence parallels “change blindness” experiments, in which normal individuals lack awareness of salient details in the visual scene as a consequence of their attention being exogenously attracted by a competing event, suggesting that visual consciousness requires the integrity of exogenous orienting of attention.

Quine e Tarski sul nominalismo - Quine and Tarski were kindred philosophical spirits. They rejected the analytic/synthetic distinction and shared a strong distaste for modal notions. Moreover, they both had nominalistic leanings. In this article I trace the nominalistic engagement of these two giants of contemporary analytic philosophy. Using recently discovered material from the Quine archive at Harvard, I begin by describing Quine’s engagement with nominalism up to 1940. I then summarize the impact of the 1940-1941 discussions on nominalism between (...) Carnap, Quine and Tarski and mention their influence on Goodman. The third part of the article deals with Quine’s allegiance to nominalism and his subsequent reluctant acceptance of Platonism. The fourth part focuses on Tarski’s defence of nominalism in Amersfoort in 1953. In the conclusion, Quine’s and Tarski’s approaches to nominalism are compared with some contemporary nominalistic programs. (shrink)