With his ‘event-based classification’, the late Peter Birks provided a coherent and principled framework for the civil law of obligations. In this article, ‘restitution’ is considered in the context of his taxonomy and two main propositions are advanced. The first proposition is that ‘gain-related recovery’ is the most adequate description of restitution as a legal response. The second proposition is that the term ‘restitution’ qualifies the mechanism of taking away the defendant's benefit without any direct reference to the immediate purpose (...) of the award and therefore has both a ‘giving up’ and a ‘giving back’ function. Those theories which distinguish these two functions, it is argued, confuse the mechanism of the right realized with the aim of the response awarded. Restitution as a legal response can be applied to reach different aims, such as giving back wealth mistakenly transferred by the claimant to the defendant or surrendering profits wrongfully obtained by the defendant. Yet, the right to restitution which is realized in court operates always in the same fashion: it transfers to the claimant wealth up to the level of the defendant's benefit. This interpretation tackles the criticism of those favourable to ‘disgorgement’, that is ‘giving up’, as an independent legal response and shows that their concerns are justified, but do not affect the consistency of the event-based classification. (shrink)

Suffering, defined as a state of undergoing pain, distress or hardship, is a multidimensional concept; it can entail physical, psychological and spiritual distress that prompts the sufferer to seek medical attention. As a construct originating from and unique to each patient, no patient’s suffering is equal to another’s or completely reducible to any generalizable frame of understanding. As it happens in a common medical encounter, the suffering patient requires an anamnesis provided by attentive and comprehensive listening to both the said (...) and unsaid parts of his or her discourse interpreted through the hermeneutical skills of the physician. Suffering can then be decoded into a complex construct, which can guide the formulation of a strategy to help patient coping by attempting to find meaning in it. To help this search for meaning, one may employ philosophic therapy, bibliotherapy and counseling, among other approaches. Suffering-based medicine (SBM) thus circumvents the limitations of the reductionistic Allopathic medical frame of understanding of disease. Such an attitude should be a common goal for all scientific medicine practitioners, as it complements and does not conflict with any of its therapeutic modalities. Furthermore, medical education should include humanistic disciplines to empower physicians to better understand their patients’ experience of suffering. (shrink)

In line with much current literature, Bradley’s regress is here discussed as an argument that casts doubt on the existence of states of affairs or facts, understood as complex entities working as truthmakers for true sentences or propositions. One should distinguish two versions of Bradley’s regress, which stem from two different tentative explanations of the unity of states of affairs. The first version actually shows that the corresponding explanation is incoherent; the second one merely points to some prima facie implausible (...) consequences of the explanation it stems from, e.g., that there are infinite explanatory chains and that, for any given fact, there are infinitely many facts involving exemplification relations of increasing levels. But these consequences can be swal- lowed after all, thereby leading to the acceptance of a doctrine which may be called fact infinitism, a doctrine adumbrated in a well-known discussion of relations by Meinong. (shrink)

The guise of the good is the thesis that an agent can only want, or intentionally do or pursue something, if and because this seems good to the agent in some respect or other. Bernard Williams criticizes the guise of the good in Ethics and the Limits of Philosophy. In this paper I reconstruct and assess his hitherto unnoticed critical remarks. Williams's opposition is based on the idea that it takes an “extra step” to go from desiring or pursuing something (...) to thinking of it as good. To show this, he employs an argument from elimination (with two strands: an argument from personal ends and an argument from immediate ends), and a separate argument which I call the one‐desire argument. I review and reject two types of answers to Williams's objections: answers that explore different varieties of what it can mean to “think of as good,” and answers that focus on different varieties of goodness under the guise of which one can desire something. I then consider whether a different, but nearby thesis, namely the guise of normative reasons, can accommodate Williams's objections, concluding that this alternative also fails. I end by looking at how this debate might move forward. (shrink)

Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig and Miranda (...) Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)

In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of pragmatic genealogy (...) as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

The guise of the good is the claim that whatever I desire or intentionally do is seen by me as good in some respect. Historical scholarship has so far predominantly focused on ancient and medieval...

According to the doctrine of the guise of the good, all that is desired is seen by the subject as good to some extent. As a claim about action, the idea is that intentional action, or acting for a reason, is action that is seen as good by the agent. I explore the thesis' main attractions: it provides an account of intentional behavior as something that makes sense to the agent, it paves the way for various views in meta-ethics and (...) normative ethics, and it offers a unified account of practical and theoretical reason. In response to common objections, I examine points of current debate: what is it for something to appear as good? Is value or normative reasons the basic concept at work? How to explain akrasia, perversity in action, and expressive action? I conclude with an overview of alternatives to the guise of the good. (shrink)

Pragmatic vindicatory genealogies provide both a cause and a rationale and can thus affect the space of reasons. But how far is the space of reasons affected by this kind of genealogical argument? What normative and evaluative implications do these arguments have? In this paper, I unpack this issue into three different sub-questions and explain what kinds of reasons they provide, for whom are these reasons, and for what. In relation to this final sub-question I argue, most importantly, that these (...) arguments are ambiguous about what they give us reasons for, meaning that they can be interpreted both as justifications for recognizing the normative standing of certain norms, values, and practices - and thus for living by them - and as excuses for those that do so. I illustrate this point by reference to the genealogical vindication of honour cultures, showing how the vindicatory argument can illuminate such case as one of excusing moral ignorance. Drawing on legal theory and moral philosophy, I show that different evaluative and normative implications hang on the result of the interpretation as either justification or excuse, and show that this ambiguity is a virtue rather than a limitation. (shrink)

This article reconstructs the complex diplomatic negotiations that led to the peculiar organization of molecular biology at the European level, by focusing in particular on the establishment of the European Molecular Biology Conference (EMBC), the intergovernmental structure founded in 1969–70 to support the scientific program of the European Molecular Biology Organization (EMBO). By combining the analysis of the informal decision-making kept in the Nobel Prize laureate John C. Kendrew’s personal papers (Oxford) with the in-depth exploration of the institutional documentation available (...) in the EMBO and CERN archives (Heidelberg and Geneva) and the Swiss Federal Archives (Bern), the article sheds light on the importance of the EMBC not only for the construction of molecular biology as a scientific, social, and political field in the European context, but also for the broader process of definition of the European research policy. Far from being just a mere replica of CERN, the EMBO/EMBC inaugurated in fact an alternative and flexible ‘bottom-up’ model of science policy in the European context, based on competition, networking, and scientific excellence, which paved the way to the establishment of the European Research Council (ERC) in the early 2000s. (shrink)

In “Toward an Ethic of Discussion,” Jacques Derrida returns to the controversy with Jonathan Searle to clarify his position but above all because he “would have wished to make legible the (philosophical, ethical, political) axiomatics hidden beneath the code of academic discussion.” I intend, in turn, to return to this text in order to find in it not only the conditions of an ethics of academic discussion but also of interpretation in a deconstructive perspective. In “Toward an Ethic of Discussion,” (...) in fact, it is possible to point out the necessity of a certain ethical treatment of the texts. In particular, how can we determine the conditions of an ethical use of quotation against the always possible manipulation of the text that quotation makes possible? I attempt to answer this question claiming that the reading protocol of deconstruction meets these conditions showing us at the same time the ethical conditions of scientific discourse in general, beyond any scientific claim of objectivity. (shrink)

The fitting attitude analysis of value states that for objects to have value is for them to be the fitting targets of attitudes. Good objects are the fitting targets of positive attitudes, while bad objects are the fitting targets of negative attitudes. The following paper presents an argument to the effect that value and the fittingness of attitudes differ in terms of their explanations. Whereas the fittingness of attitudes is explained, inter alia, by both the properties of attitudes and those (...) of their fitting targets, the explanation of value tends to have a different content. In particular, objects have value in virtue of the features that make them valuable, and these need not involve any attitudinal properties. If this is right, then there are reasons to doubt the claim that for objects to have value is just for them to be the fitting targets of attitudes. Insofar as value is a property, it appears to be distinct from the property of objects being the fitting targets of attitudes. (shrink)

Lo económico como espacio de indeterminación o de conflicto. Análisis de un tratado monetario bajomedieval: el De moneta de Nicolás de Oresme. Resumen de tesis de doctorado en Filosofía de Julián Giglio.

In this paper I argue that Bykvist’s recent challenges to the fitting-attitude account of value (FA) can be successfully met. The challenge from solitary goods claims that FA cannot account for the value of states of affairs which necessarily rule out the presence of favouring subjects. I point out the modal reasons why FA can account for solitary goods by appealing to contemplative attitudes. Bykvist’s second challenge, the ‘distance problem’, questions the ability of FA to match facts about the intensity (...) of fitting attitudes and facts about value, particularly in the case of solitary goods. I argue that this challenge can be met by including the notion of a veil of ignorance in the formulation of FA, and understanding its role as bracketing the relevance of certain facts when determining the fittingness of attitudes to states of affairs. (shrink)

The paper focuses on the following points:1. A survey of the characteristics of the philosophic book during the XIIIthcentury, with a special attention to the standard book-format developed for the Scholastic philosophy. 2. The innovations introduced by Ramon Llull, going beyond the standard model of the Scholastic book. Llull is a merchant and, because of his education, he is not able to write a book of philosophy; but he has been inspired by God, who asked him to write a book (...) which will be able to convert all the World. This will change his life: the key for the conversion will not be an interpretation of the Bible (refused by the Arabs and only partially shared with the Jews), but an explaination of the potentials of any human languages. Inside the human language it is possible to find the evidence of the reality of God, and especially of the God of the Christians. The new book (which will widespread the Ars combinatoria) will explain this, spreading the inner power of language itself. 3. The philosophic book of Llull as a multi-cultural linguistic laboratory; survey of the graphic features enabling this complex interaction among different languages and writing systems. 4. The organization of Llull’s scriptorium. 5. After the death of Llull: why did his method for global conversion did not work? 6. The modern tradition: copying Llull / loving Llull / inventing Llull. 7. The transformations of the book designed for the Ars combinatoria and his relationships with modern culture. Philosophy and science. Book and laboratory. Philologists do not like Llull’s friends, but probably he would have loved them. (shrink)

The paper presents a positive argument for a version of metaphysically light ethical non-naturalism from the nature of mental states such as desires. It uses as its premise the time-honoured, and recently rediscovered, doctrine of the guise of the good, whereby it is essential to desire that the object of desire be conceived as good or as normatively favoured under some description. The argument is that if the guise of the good is a correct theory of desire, then a certain (...) version of non-naturalism is better placed than other meta-ethical views to make sense of it. First I define ethical non-naturalism and the guise of the good, providing also an initial defence of the latter. Then I briefly survey some historical precedents and proceed to the argument. For each major meta-ethical view I consider I offer reasons why combining them with the guise of the good leads to consequences that are or should be unwelcome by the guise of the good. At the end of this elimination process a form of relatively metaphysically light non-naturalism will emerge as the view that best fits with the guise of the good. (shrink)

Objective correlates—behavioral, functional, and neural—provide essential tools for the scientific study of consciousness. But reliance on these correlates should not lead to the ‘fallacy of misplaced objectivity’: the assumption that only objective properties should and can be accounted for objectively through science. Instead, what needs to be explained scientifically is what experience is intrinsically— its subjective properties—not just what we can do with it extrinsically. And it must be explained; otherwise the way experience feels would turn out to be magical (...) rather than physical. We argue that it is possible to account for subjective properties objectively once we move beyond cognitive functions and realize what experience is and how it is structured. Drawing on integrated information theory, we show how an objective science of the subjective can account, in strictly physical terms, for both the essential properties of every experience and the specific properties that make particular experiences feel the way they do. (shrink)

Understanding Institutions proposes a new unified theory of social institutions that combines the best insights of philosophers and social scientists who have written on this topic. Francesco Guala presents a theory that combines the features of three influential views of institutions: as equilibria of strategic games, as regulative rules, and as constitutive rules. -/- Guala explains key institutions like money, private property, and marriage, and develops a much-needed unification of equilibrium- and rules-based approaches. Although he uses game theory concepts, (...) the theory is presented in a simple, clear style that is accessible to a wide audience of scholars working in different fields. Outlining and discussing various implications of the unified theory, Guala addresses venerable issues such as reflexivity, realism, Verstehen, and fallibilism in the social sciences. He also critically analyses the theory of “looping effects” and “interactive kinds” defended by Ian Hacking, and asks whether it is possible to draw a demarcation between social and natural science using the criteria of causal and ontological dependence. Focusing on current debates about the definition of marriage, Guala shows how these abstract philosophical issues have important practical and political consequences. -/- Moving beyond specific cases to general models and principles, Understanding Institutions offers new perspectives on what institutions are, how they work, and what they can do for us. (shrink)

In this paper, we take a meta-theoretical stance and aim to compare and assess two conceptual frameworks that endeavor to explain phenomenal experience. In particular, we compare Feinberg & Mallatt’s Neurobiological Naturalism (NN) and Tononi’s and colleagues' Integrated Information Theory (IIT), given that the former pointed out some similarities between the two theories (Feinberg & Mallatt 2016c-d). To probe their similarity, we first give a general introduction to both frameworks. Next, we expound a ground plan for carrying out our analysis. (...) We move on to articulate a philosophical profile of NN and IIT, addressing their ontological commitments and epistemological foundations. Finally, we compare the two point-by-point, also discussing how they stand on the issue of artificial consciousness. (shrink)

El presente trabajo analiza las últimas páginas del tratado De ludo globi de Nicolás de Cusa. Más específicamente, se centra en el ejemplo monetario utilizado por el Cusano, en donde el autor plantea una metáfora en donde Dios es presentado como un omnipotente acuñador de moneda, mientras que el hombre como un cambista. A partir de una propuesta inversa, que va de la gnoseología cusana al ejemplo, se propone comprender la concepción monetaria subyacente en el ejemplo. Para el análisis se (...) vincula esta obra con un sermón predicado años antes durante su obispado en Bresanona, así como rastrear importantes factores contextuales, y antecedentes teóricos. (shrink)

Varios autores han señalado las referencias explícitas e implícitas en la obra de Nicolás de Oresme al _Defensor pacis_ de Marsilio de Padua. Algunos de ellos han planteado a partir de las mismas la existencia de un “giro marsiliano”. Si bien dicha presencia es clara, no se ha explorado en profundidad el grado de apego de Oresme a los postulados marisilianos. Un análisis de factores contextuales, así como un análisis textual del _De moneta_ y del _Livre de Politique_ permiten establecer (...) algunas diferencias, de las cuales surge un modelo que presenta ciertos límites al apego de Oresme a los postulados del Paduano. (shrink)

Se presenta una Reseña del libro 'Oikonomía. Los orígenes de la reflexión económica en Grecia' de Carlos Martín, publicado por la Editorial de la Universidad de San Martín (Argentina).

The study of film entered a new era after World War II, as cinema became an acceptable focus for intellectual inquiry. The many ways in which cinema has been imagined, studied, and discussed in the last fifty years are the subject of this comprehensive overview of film theory in the United States and Europe since 1945. Francesco Casetti groups his essays around principal movements in film studies. In the first part of the book, he reviews the attempts at defining (...) the "essence" of cinema during the 1950s. Then he explores disciplinary approaches to cinema--psychological, sociological, semiotic, and psychoanalytic--popular in the 1960s and 1970s. Finally, he focuses on "field" theories--cinema and politics, the critique of representation, feminist film theory, neo-disciplinary tendencies, cultural and aesthetic studies, and the new approaches to film history. Theories of Cinema was originally published in Italy, where it won the Premio Domenico Meccoli--Scrivere di cinema 1993 of the Centro dello Spettacolo in Rome. This is its first English translation. The author has revised and updated this edition to cover the years 1945-1995. (shrink)

Manufacturing and industry practices are undergoing an unprecedented revolution as a consequence of the convergence of emerging technologies such as artificial intelligence, robotics, cloud computing, virtual and augmented reality, among others. This fourth industrial revolution is similarly changing the practices and capabilities of operators in their industrial environments. This paper introduces and explores the notion of the Operator 4.0 as well as how this novel way of conceptualizing the human operator necessarily implicates human values in the technologies that constitute it. (...) The design approach known as value sensitive design (VSD) is used to explore how these Operator 4.0 technologies can be designed for human values. Expert elicitation surveys were used to determine the values of industry stakeholders and examples of how the VSD methodology can be adopted by engineers in order to design for these values is illustrated. The results provide preliminary adoption strategies that industrial teams can take to Operator 4.0 technology for human values. (shrink)

Naturalism is still facing a strong opposition in the philosophy of social science from influential scholars who argue that philosophical analysis must be autonomous from scientific investigation. The opposition exploits philosophers’ traditional diffidence toward social science and fuels the ambition to provide new foundations for social research. A classic anti-naturalist strategy is to identify a feature of social reality that prevents scientific explanation and prediction. An all-time favorite is the dependence of social phenomena on human representation. This article examines two (...) prominent versions of the dependence thesis and concludes that they both fail. Contemporary social science is capable of accounting for the causal dependence of social reality on representation, and there is no reason to believe that social entities are ontologically dependent on the collective acceptance of a constitutive rule. (shrink)

The experimental approach in economics is a driving force behind some of the most exciting developments in the field. The 'experimental revolution' was based on a series of bold philosophical premises which have remained until now mostly unexplored. This book provides the first comprehensive analysis and critical discussion of the methodology of experimental economics, written by a philosopher of science with expertise in the field. It outlines the fundamental principles of experimental inference in order to investigate their power, scope and (...) limitations. The author demonstrates that experimental economists have a lot to gain by discussing openly the philosophical principles that guide their work, and that philosophers of science have a lot to learn from their ingenious techniques devised by experimenters in order to tackle difficult scientific problems. (shrink)