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 analyses the intertwinement of legal philosophy and political theory in the British intellectual framework between the late 19th and early 20th centuries, with specific regard to Harold Laski's works. I will try to illustrate the transition from 19th-century utilitarianism to H. L. A. Hart and Isaiah Berlin as evolving through important debates which include Laski's contribution. I will argue that a discussion of “juridical” obligation, i.e., the conditions of legal validity, may lie implicitly in these concerns that Laski (...) and other early 20th-century British authors had about “political” obligation—viz., about the nature of the state and its claim to obedience. By approaching Laski's theories and their genealogy through a legal-philosophical perspective, I will contend that this debate about political obligation anticipates to a considerable extent some of the most renowned conceptions of obligation in 20th-century British legal theory. (shrink)

Dominus Mundi: Political Sublime and the World Order by Pier Giuseppe Monateri is fuelled by the observation that after the pluralist nation states-based Westphalian world order, we are now witness...

Siamo ormai lontani dalla stagione in cui la forza propulsiva della “svolta linguistica” si impose come tendenza dominante nel dibattito filosofico. Da varie angolazioni si è potuto parlare negli ultimi anni di pictorial turn come antidoto all’egemonia del paradigma linguistico in filosofia. Il volume Verità, Immagine, Normatività. Truth, Image, and Normativity non si inserisce direttamente in questa nuova tendenza, ma ruota comunque intorno a questioni che derivano dal medesimo sfondo. I 24 saggi qui raccolti tengono conto dei diversi ruoli che (...) le immagini possono svolgere, a seconda che si focalizzi la loro dimensione descrittiva o normativa, e indagano alcuni aspetti del rapporto tra immagine e linguaggio. Questi problemi di filosofia dell’immagine, intesa sia come immagine cognitiva sia come immagine grafica, costituiscono il fil rouge di questo volume. Una tale riflessione sui linguaggi figurati e sulla comunicazione visiva non-linguistica costringe a riformulare in termini nuovi le grandi domande concernenti le tradizionali nozioni di verità, oggettività, normatività, consenso e persuasione. (shrink)

Traditional Informed Consent is becoming increasingly inadequate, especially in the context of research biobanks. How much information is needed by patients for their consent to be truly informed? How does the quality of the information they receive match up to the quality of the information they ought to receive? How can information be conveyed fairly about future, non-predictable lines of research? To circumvent these difficulties, some scholars have proposed that current consent guidelines should be reassessed, with trust being used as (...) a guiding principle instead of information. Here, we analyse one of these proposals, based on a Participation Pact, which is already being offered to patients at the Istituto Europeo di Oncologia, a comprehensive cancer hospital in Milan, Italy. (shrink)

This contribution proposes to reflect on a different way of considering the link be-tween temporality and nature, between aiôn and physis, in dialogue with the words and works of the Italian sculptor Giuseppe Penone. The basic idea is the following: we will not be able to essentially determine our cognitive and experien-tial relationship with nature, until we are able to know, experience and represent the time inscribed in being itself. The philosophical tradition has developed its conception of temporality mainly (...) along two lines: a “cosmic” line, of a physical, objective temporality, and a “phenomenological” one, of a temporality as an in-ternal articulation of human consciousness. Through the archaeological and conceptual excavation carried out by Penone, we will ask ourselves what it does mean to take care of the “subjective time of things”. (shrink)

A collection of essays dedicated to Pier Luigi Lecis' retirement. Contributors include: Mariano Bianca, Silvana Borutti, Vinicio Busacchi, Massimo Dell'Utri, Rosaria Egidi, Roberta Lanfredini, Giuseppe Lorini, Diego Marconi, Francesco Orilia, Paolo Parrini, Alberto Peruzzi, Simonluca Pinna, Pietro Salis, Paolo Spinicci.

There is wide support in logic, philosophy, and psychology for the hypothesis that the probability of the indicative conditional of natural language, P(if A then B), is the conditional probability of B given A, P(B|A). We identify a conditional which is such that P(if A then B)=P(B|A) with de Finetti's conditional event, B|A. An objection to making this identification in the past was that it appeared unclear how to form compounds and iterations of conditional events. In this paper, we illustrate (...) how to overcome this objection with a probabilistic analysis, based on coherence, of these compounds and iterations. We interpret the compounds and iterations as conditional random quantities which, given some logical dependencies, may reduce to conditional events. We show how the inference to B|A from A and B can be extended to compounds and iterations of both conditional events and biconditional events. Moreover, we determine the respective uncertainty propagation rules. Finally, we make some comments on extending our analysis to counterfactuals. (shrink)

We analyze selected iterated conditionals in the framework of conditional random quantities. We point out that it is instructive to examine Lewis's triviality result, which shows the conditions a conditional must satisfy for its probability to be the conditional probability. In our approach, however, we avoid triviality because the import-export principle is invalid. We then analyze an example of reasoning under partial knowledge where, given a conditional if A then Cas information, the probability of A should intuitively increase. We explain (...) this intuition by making some implicit background information explicit. We consider several iterated conditionals, which allow us to formalize different kinds of latent information. We verify that for these iterated conditionals the prevision is greater than or equal to the probability of A. We also investigate the lower and upper bounds of the Affirmation of the Consequent inference. We conclude our study with some remarks on the supposed "independence" of two conditionals, and we interpret this property as uncorrelation between two random quantities. 2020 Elsevier Inc. All rights reserved. (shrink)

Modus ponens (from A and “if A then C” infer C) is one of the most basic inference rules. The probabilistic modus ponens allows for managing uncertainty by transmitting assigned uncertainties from the premises to the conclusion (i.e., from P(A) and P(C|A) infer P(C)). In this paper, we generalize the probabilistic modus ponens by replacing A by the conditional event A|H. The resulting inference rule involves iterated conditionals (formalized by conditional random quantities) and propagates previsions from the premises to the (...) conclusion. Interestingly, the propagation rules for the lower and the upper bounds on the conclusion of the generalized probabilistic modus ponens coincide with the respective bounds on the conclusion for the (non-nested) probabilistic modus ponens. (shrink)

Notwithstanding the recent prominence of the term “problem” in the humanities, few scholars have analysed its history. This essay tries to partially fill that lack, principally covering the period from late modernity through to the 1960s, in order to understand the role that the term plays in “Continental” philosophy, with special emphasis on the writings of Gilles Deleuze. This analysis focuses on the strategies employed by different agents to define “philosophical” problems, or “philosophical” ways of posing problems. The term, originally (...) used in antiquity by knowledge-producers located in an autonomous position, implied an idea of cognition oscillating between production and reproduction. Once the term escaped the context of geometry, it was involved in symbolic struggles that radicalized during modernity. The Kantians placed “philosophy” in a supposedly neutral position of science treating “the problem of all the problems” and invented a new genre, the “history of philosophy,” focusing on the analysis of “philosophical problems.” This approach had great institutional success in the German and French universities and clashed, during the twentieth century, with another usage of philosophy as a practice of “dissolution of problems,” developed in the United Kingdom and the Austro-Habsburg Empire. (shrink)

In the current opinion paper, we provide a comparative perspective on specific aspects of primate empathic abilities, with particular emphasis on the mirror neuron system associated with mouth/face actions and expression. Mouth and faces can be very salient communicative classes of stimuli that allow an observer access to the emotional and physiological content of other individuals. We thus describe patterns of activations of neural populations related to observation and execution of specific mouth actions and emotional facial expressions in some species (...) of monkeys and in humans. Particular attention is given to dynamics of face-to-face interactions in the early phases of development and to the differences in the anatomy of facial muscles among different species of primates. We hypothesize that increased complexity in social environments and patterns of social development have promoted specializations of facial musculature, behavioral repertoires related to production and recognition of facial emotional expression, and their neural correlates. In several primates, mirror circuits involving parietal-frontal regions, insular regions, cingulate cortices, and amygdala seem to support automatic forms of embodied empathy, which probably contribute to facial mimicry and behavioural synchrony. In humans these circuits interact with specific prefrontal and temporo-parietal cortical regions, which facilitates higher order cognitive functions such as cognitive empathy and mental state attribution. Our analysis thus suggests that the evolution of higher forms of empathy, such as mentalizing, is also linked to the coupling between the perceptual and motor system related to face processing, which may have undergone a process of exaptation during primate phylogeny. (shrink)

This study investigates the acquisition of integrated object manipulation and categorization abilities through a series of experiments in which human adults and artificial agents were asked to learn to manipulate two-dimensional objects that varied in shape, color, weight, and color intensity. The analysis of the obtained results and the comparison of the behavior displayed by human and artificial agents allowed us to identify the key role played by features affecting the agent/environment interaction, the relation between category and action development, and (...) the role of cognitive biases originating from previous knowledge. (shrink)

Traditional health sciences (including nursing) paradigms, conceptual models, and theories have relied heavily upon notions of the ‘person’ or ‘patient’ that are deeply rooted in humanistic principles. Our intention here, as a collective academic assemblage, is to question taken‐for‐granted definitions and assumptions of the ‘person’ from a critical posthumanist perspective. To do so, the cinematic works of filmmaker David Cronenberg offer a radical perspective to revisit our understanding of the ‘person’ in nursing and beyond. Cronenberg's work explores bodily transformation and (...) mutation, with the body as a fragile and malleable vessel. Cronenberg's work allows us to interrogate the body in all its complexity, contingency, and hybridity and provides avenues of rupture within current understandings of ‘the person’. Reinventing the definition of what it means to be human, critical posthumanism offers opportunities to both critique humanist theories and build affirmative futurities. Also drawing on the work of Deleuze and Guattari, specifically, their concept of becoming, we propose a critical posthumanist alternative to the conceptualization of the person in the health sciences, that of the becoming‐mutant, so frequently explored in Cronenberg's films. Such a conceptualization permits the inclusion of various technological interventions of the contemporary subject: The postperson. This position offers the health science disciplines a radical reconceptualization of the conceptual and theoretical approaches, extending beyond those trapped within the quagmire of humanistic principles. (shrink)

Das Buch enthält die Einführung in die Lektüre sowie den Textkommentar zu den der Analyse der Grundsätze der Modalität gewidmeten "Postulaten des empirischen Denkens überhaupt". Untersucht wird Kants gesamte Theorie der Modalbegriffe (Möglichkeit - Unmöglichkeit, Dasein - Nichtsein, Notwendigkeit - Zufälligkeit) seit Mitte der 1750er Jahre bis zur Kritik der reinen Vernunft. Die Postulate sind nach Kant nicht objektiv, sondern subjektiv-synthetisch: Der Gegenstand der Erfahrung, welcher zunächst anhand der objektiv-synthetischen Funktionen der Quantität, Qualität und Relation bestimmt wird, lässt sich nun (...) in seinem Verhältnis zum setzenden Subjekt betrachten. Die Postulate thematisieren jedoch nicht - hier liegt die konstitutive Charakteristik dieser synthetischen Urteile a priori - das Subjekt selbst, sondern das Objekt als solches und die Objektivität überhaupt. Wie diese Untersuchung zeigt, antwortet Kant erst hier - nicht in den viel diskutierten Deduktionskapiteln oder in den anderen Grundsatzkapiteln - auf die Frage "Was ist ein Objekt?" und bezieht zugleich Stellung gegenüber anderen philosophischen Theorien der Objektivität des 18. Jahrhunderts: Rationalismus, Empirismus, Idealismus, Skeptizismus. (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.

I saggi che nel corso di quasi vent’anni Giuseppe Lissa ha dedicato al suo e al mio maestro non sono solo una compatta proposta interpretativa della filosofia di Pietro Piovani, seguita dal suo interno, con scrupolosa individuazione di ciascuno dei momenti costitutivi. Questi saggi rappresentano anche il sottofondo, direi la intelaiatura che regge i problemi della posizione etica di Lissa, il telaio su cui i vari fili della sua riflessione etica e religiosa si intrecciano a costituire un fitto tessuto (...) ricognitivo, agevolato dal ripensamento della filosofia di Piovani. (Dalla Presentazione di Fulvio Tessitore) Fulvio Tessitore, Presentazione p.9 Premessa p.13 Dalla maestria alla filia p.17 Dalla nostalgia allo stupore p.73 Esplorazione dell’individuale e pluralità p.105 Filosofia della morale: comprensione del negativo e primato dell’etica p.147 Lo storicismo p.211 Etica e religione p.249. (shrink)

Even more than for other treatments, great importance must be given to informed consent in the case of electroconvulsive therapy. In a percentage of cases, the symbolic connotation of the treatment, even if mostly and intrinsically negative, may actually be a determining factor in the patient’s motives for giving consent. On an ethical and medicolegal level, the most critical point is that concerning consent to the treatment by a psychotic subject with a severely compromised ability to comprehend the nature and (...) objective of the proposed therapy, but who nonetheless expresses his consent, for reasons derived from delusional thoughts. In fact, this situation necessarily brings to light the contradiction between an explicit expression of consent, a necessary formality for the commencement of therapy, and the validity of this consent, which may be severely compromised due to the patient’s inability to comprehend reality and therefore to accept the proposal of treatment, which is intrinsic to this reality. With the use of an electric current, the symbolic experience associated with anaesthesia, and the connection to convulsions, ECT enters the collective consciousness. In relation to this, ECT is symbolic of these three factors and hooks on to the thoughts, fears, feelings and expectations of delusional patients. These are often exemplified in the violent intervention of the persecutor in the patient with schizophrenia, the expected punishment for the ’error’ committed for which the depressed patient blames himself and the social repression of the maniacal patient’s affirmation of his inflated self-esteem. (shrink)

Songbirds possess mirror neurons (MNs) activating during the perception and execution of specific features of songs. These neurons are located in high vocal center (HVC), a premotor nucleus implicated in song perception, production and learning, making worth to inquire their properties and functions in vocal recognition and imitative learning. By integrating a body of brain and behavioral data, we discuss neurophysiology, anatomical, computational properties and possible functions of songbird MNs. -/- We state that the neurophysiological properties of songbird MNs depends (...) on sensorimotor regions that are outside the auditory neural system. Interestingly, songbirds MNs can be the result of the specific type of song representation possessed by some songbird species. At the functional level, we discuss whether songbird MNs are involved in others' song recognition, by dissecting the function of recognition in various different but possible overlapping processes: action-oriented perception, discriminative-oriented perception and identification of the signaler. We conclude that songbird MNs may be involved in recognizing other singer's vocalizations, while their role in imitative learning still require to solve how auditory feedback are used to correct own vocal performance to match the tutor song. Finally, we compare songbird and human mirror responses, hypothesizing a case of convergent evolution, and proposing new experimental directions. (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)

El autor describe la línea de renovación de la filosofía italiana, que inaugura con Vico y Rosmini, "dos pensadores de envergadura", a pesar del hecho contrastado de que Vico no es uno de los autores más usados por Rosmini. Tal renovación da origen a una metaffsica antropológica integral que nutre el "pensar en grande" y que, por tanto, debería traspasar las fronteras de la Italia de ambos pensadores y contribuir a la regeneración de la civilización contemporánea.The author describes the Italian (...) philosophy’s renewing line, which begins with both Vico and Rosmini, "wo well-established thinkers", though Vico might not be one of Rosmini’s most mentioned authors. Such a renovated current gives rise to an anthropological all-out metaphysics, which nourishes the so called "big-deep thinking" and is expected to cross the Italian borders and make a significant contribution to the renewal of civilization. (shrink)