O positivismo jurídico é predominantemente ensinado e aplicado há décadas por profissionais da área jurídica brasileira, geralmente com referência à construção teórica de Hans Kelsen (1881-1973), deixando à margem muitos outros estudos que oferecem importantes formulações e conceitos para a compreensão do Direito contemporâneo. Este artigo se junta a algumas poucas pesquisas sobre outros referenciais teóricos acerca do positivismo jurídico, analisando a regra de reconhecimento no pensamento teórico de Herbert Hart (1907-1992), apresentando-a como incremento e superação da teoria imperativista de (...) John Austin (1790-1859). A partir de pesquisa bibliográfica, mostramos que, em Hart, a regra de reconhecimento (modalidade de regra secundária) apresenta-se indispensável para a certeza necessária ao Direito, bem como para aferir a validade do sistema jurídico. (shrink)

In this article, we will show how Derrida’s deconstruction of modern individualism, exemplified by Robinson Crusoe’s attitude toward nature, addresses the contemporary debate on the Anthropocene. Through Hadot’s genealogy of modern “prometheanism,” we will discuss how a different gaze by human beings on themselves and nature can lead us out of the modern self-conception of the human person, that is resulting in the Anthropocene era, its catastrophic results endangering the very survival of humankind. Through Morton’s conception of hospitality and Haraway’s (...) notion of Chthulucene, we argue that a new individual and collective conversion to nature may result in an era in which human beings can conceive of themselves as ethical parts of nature. Hence, a new view on the reciprocal interdependence between human beings and nature can be affirmed, creating a feeling of hospitality without hostility. We conclude by considering Agamben’s recovery of Franciscanism, as a form-of-life, preceding modernity, in which this ethical, natural civilization was firstly foreseen. (shrink)

The "ruin" of the transcendental tradition -- Freud and the transcendental relation -- Derrida: Differance and the "plural logic of the aporia" -- The im-possibility of the psyche -- The death drive and the im-possibility of psychoanalysis -- Institutional psychoanalysis and the paradoxes of archivization -- The Lacanian real -- Sexual difference -- Feminine sexuality -- The transcendental relation in Lancanian psychoanalysis -- The death drive and ethical action -- The "talking cure": language and psychoanalysis.

Der Postmodernebegriff, Etikett für ein breites Panorama gesellschaftlicher und kultureller Phänomene der jüngeren Vergangenheit, bestimmt seit dem Beginn der achtziger Jahre Teile der Musikwissenschaft. Das Problem, inwiefern sich postmoderne Positionen, Ideen oder wissenschaftliche Methoden auf Fragen zur Musik übertragen lassen, provoziert seitdem höchst divergierende Deutungen und Wertungen historischer wie ästhetischer Sachverhalte. Diese Kontroverse basiert auf einem philosophischen Diskurs über das Verhältnis von Moderne und Postmoderne und ist in hohem Maße durch den französischen Poststrukturalismus inspiriert. Die hier vorliegende Untersuchung will selbst (...) keine Bestimmung des Postmodernebegriffs liefern, sondern - gewissermaßen von einer Meta-Ebene aus - diesen Diskurs auf seine impliziten Urteils- und Deutungsmuster zurückführen. Dabei zeigt sich, dass - aller vordergründigen Fehden zwischen Verfechtern und Verächtern der Postmoderne zum Trotz - sämtliche Parteien des Diskurses durch Normvorstellungen zusammengehalten werden, die in der Moderne und der Aufklärung wurzeln. Mehr anzeigen Weniger anzeigen. (shrink)

This paper develops the idea that valid arguments are equivalent to true conditionals by combining Kripke’s theory of truth with the evidential account of conditionals offered by Crupi and Iacona. As will be shown, in a first-order language that contains a naïve truth predicate and a suitable conditional, one can define a validity predicate in accordance with the thesis that the inference from a conjunction of premises to a conclusion is valid when the corresponding conditional is true. The validity predicate (...) so defined significantly increases our expressive resources and provides a coherent formal treatment of paradoxical arguments. (shrink)

Traditionally, the manufacturer/operator of a machine is held (morally and legally) responsible for the consequences of its operation. Autonomous, learning machines, based on neural networks, genetic algorithms and agent architectures, create a new situation, where the manufacturer/operator of the machine is in principle not capable of predicting the future machine behaviour any more, and thus cannot be held morally responsible or liable for it. The society must decide between not using this kind of machine any more (which is not a (...) realistic option), or facing a responsibility gap, which cannot be bridged by traditional concepts of responsibility ascription. (shrink)

This Handbook offers a broad yet unified treatment of many philosophical issues connected with climate change, ranging from foundational puzzles to detailed applications. It extends to many branches of philosophy that are relevant to the understanding of the premises and implications of the impacts of climate change on human and nonhuman life on Earth. More specifically, the handbook examines the scientific accounts of climate change as well as its causes. It explores the tools offered by social sciences and humanities to (...) study the societal premises and impacts of climate change as well as delving deeper into the ethical and political issues connected with and resulting from climate change. By doing so, it puts it all in an ecological and historical context. In addition, the book offers solutions to some important philosophical puzzles and problems, and indicates paths of interaction between philosophy and other disciplines. The discussion about climate change and the mitigation/adaptation policies spans many areas and levels – from abstract science and philosophy to current on-the-ground politics. However, climate change is also a great a philosophical puzzle. Indeed, its existential and practical relevance can be thought to largely derive from the philosophical complications it engenders. Climate change is applied philosophy par excellence. Preventing dangerous anthropogenic climate change needs very good philosophy applied to concrete and specific practical issues. Climate change is an area where scholars from very different provenances should cooperate on equal terms, having in view a common, and really important, purpose – contribute to preventing great burdens and even the extinction of humankind and the destruction of hospitable and valuable non-human nature. (shrink)

Neural devices have the capacity to enable users to regain abilities lost due to disease or injury – for instance, a deep brain stimulator (DBS) that allows a person with Parkinson’s disease to regain the ability to fluently perform movements or a Brain Computer Interface (BCI) that enables a person with spinal cord injury to control a robotic arm. While users recognize and appreciate the technologies’ capacity to maintain or restore their capabilities, the neuroethics literature is replete with examples of (...) concerns expressed about agentive capacities: A perceived lack of control over the movement of a robotic arm might result in an altered sense of feeling responsible for that movement. Clinicians or researchers being able to record and access detailed information of a person’s brain might raise privacy concerns. A disconnect between previous, current, and future understandings of the self might result in a sense of alienation. The ability to receive and interpret sensory feedback might change whether someone trusts the implanted device or themselves. Inquiries into the nature of these concerns and how to mitigate them has produced scholarship that often emphasizes one issue – responsibility, privacy, authenticity, or trust – selectively. However, we believe that examining these ethical dimensions separately fails to capture a key aspect of the experience of living with a neural device. In exploring their interrelations, we argue that their mutual significance for neuroethical research can be adequately captured if they are described under a unified heading of agency. On these grounds, we propose an “Agency Map” which brings together the diverse neuroethical dimensions and their interrelations into a comprehensive framework. With this, we offer a theoretically-grounded approach to understanding how these various dimensions are interwoven in an individual’s experience of agency. (shrink)

Gianfranco Ravasi ha voluto "ripensare" ciò che era già stato indagato e meditato durante la lunga avventura del pensiero umano, a partire dalle culture primitive e dalle antiche civiltà. E ha analizzato le due sorgenti che alimentano il concetto occidentale di anima: le Sacre Scritture e la cultura greca, con i miti di Psiche e di Orfeo e pensatori come Platone, Aristotele e Plotino. Giunti alla fine di questa riflessione ci si rende conto che la storia dell'anima coincide con (...) la storia dell'uomo, creatura di Dio. E un dubbio affiora: che l'agitarsi febbrile dell'umanità contemporanea non sia un avanzare ma un insensibile retrocedere, o uno strano volteggiare sempre sullo stesso spazio, e che proprio “l'anima, con la sua fame di eterno e di infinito” sia ciò che invece ci costringerà a muoverci “sempre oltre, verso un Oltre illimitato”. (shrink)

This paper discusses some key connexive principles construed as principles about reasons, that is, as principles that express logical properties of sentences of the form ‘p is a reason for q’. Its main goal is to show how the theory of reasons outlined by Crupi and Iacona, which is based on their evidential account of conditionals, yields a formal treatment of such sentences that validates a restricted version of the principles discussed, overcoming some limitations that affect most extant accounts of (...) conditionals. (shrink)

L’article brosse un portrait de l’humanisme en Autriche au milieu du xv e siècle à travers l’analyse des lettres et des sermons, encore inédits, de Bernard de Kraiburg († 1477), évêque de Chiemsee, collaborateur de Nicolas de Cues et de Enea S. Piccolomini et détenteur d’une extraordinaire bibliothèque personnelle. La production de Bernard aide à comprendre la triangulation culturelle entre l’enseignement universitaire à Vienne (Thomas Ebendorfer), la tradition spirituelle bénédictine (Bernard de Waging) mise à l’épreuve par la réforme de Melk (...) (Jean Schlitpacher) et les débats issus dans les récents conciles à Constance et Bâle. Se dessine un humanisme autrichien, caractérisé par l’influence de l’humanisme padouen (en particulier de Pétrarque), par une tentative de retour à la théologie du xii e siècle et par une ouverture spirituelle au mysticisme. (shrink)

This article examines the legacy of Gramscian thought in Anglophone social sciences. It focuses in particular on three currents or disciplines, namely Cultural Studies, Anthropology, and Gender Studies. All three have sought and sometimes found in Gramscian categories a number of theoretical and political instruments through which to think the structures of domination, individual or collective subjectivity, and their relation to culture, in particular through the use of the dialectical relationship of hegemony/subalternity. Demonstrating how Gramsci was received in the intellectual (...) and political Anglophone context, the article highlights certain genealogies which have sometimes led to what amounts to a number of fully-fledged “translations” of Gramscian concepts, but also to a series of “lighter”, more distant uses. In this perspective, the article focuses on the translation of Gramsci undertaken by the New Left in the Seventies, insofar as this detour has proved of capital importance for the successive interpretations of Gramscian theories in the Anglophone social sciences. (shrink)

It has been repeatedly stated that approach and avoidance reactions to emotional faces are triggered by the intention signalled by the emotion. This line of thought suggests that each emotion signals a specific intention triggering a specific behavioural reaction. However, empirical results examining this assumption are inconsistent, suggesting that it might be too short-sighted. We hypothesise that the same emotional expression can signal different social messages and, therefore, trigger different reactions; which social message is signalled by an emotional expression should (...) be influenced by moderating variables, such as the group membership of the expresser. In two experiments, we show that group membership influences approach and avoidance reactions to emotional expressions: Emotions (fear and happiness) expressed by in-group members elicited concordant behaviour, whereas emotions expressed by out-group members activated the reverse pattern. A third experiment, in which participants directly evaluated smiling and fearful individuals resembling in-group and out-group members supported this result. (shrink)

The problem of intentional inexistence arises because the following (alleged) intuitions are mutually conflicting: it seems that sometimes we think about things that do not exist; it seems that intentionality is a relation between a thinker and what such a thinker thinks about; it seems that relations entail the existence of what they relate. In this paper, I argue for what I call a radical relationist solution. First, I contend that the extant arguments for the view that relations entail the (...) existence of their relata are wanting. In this regard, I defend a kind of pluralism about relations according to which more than one kind of relation involves non-existents. Second, I contend that there are reasons to maintain that all thoughts are relations between thinkers and the things they are about. More accurately, I contend that the radical relationist solution is to be preferred to both the intentional content solution (as developed by Crane) and the adverbial property solution (as developed by Kriegel). Finally, I argue that once the distinction between thinking “X” and thinking about X has been drawn, the radical relationist solution can handle issues like ontological commitment, substitutivity failure, scrutability, and non-specificity. (shrink)

In recent years, Brentano’s theory of consciousness has been systematically reassessed. The reconstruction that has received the most attention is the so-called identity reconstruction. It says that secondary consciousness and the mental phenomenon it is about are one and the same. Crucially, it has been claimed that this thesis is the only one which can make Brentano’s theory immune to what he considers the main threat to it, namely, the duplication of the primary object. In this paper, I argue that (...) the identity reconstruction is untenable, and I defend an alternative, which I name the unity reconstruction. According to the unity reconstruction, secondary consciousness is a real part of the mental phenomenon it is about, and hence is distinct from it. I contend that this thesis does not in itself lead to the duplication of the primary object, and that what should be blamed is rather a controversial thesis about the intentional structure of secondary consciousness—a thesis which Brentano ultimately abandoned. (shrink)

In this paper, I provide a qualified defense of the claim that cognitive biases are not necessarily signs of irrationality, but rather the result of using normative standards that are too narrow. I show that under certain circumstances, behavior that violates traditional norms of rationality can be adaptive. Yet, I express some reservations about the claim that we should replace our traditional normative standards. Furthermore, I throw doubt on the claim that the replacement of normative standards would license optimistic verdicts (...) about human rationality. (shrink)

Nietzsche’s four Untimely Meditations are a set of works generally rather neglected of this author. They are, however, the outcome of a project placed in a critical situation, along the development of Nietzsche as philosopher. By beginning, particularly, with an analysis of the first Meditation, David Strauss, the Confessor and the Writer, and of the third one, Schopenhauer as educator, we will try to show two philosophical perspectives which, launched in the Meditations, will carry Nietzsche’s path until its end: the (...) path of an “ontology of the modernity”, according with the expression of Foucault, and that of a philosophy as “way of life”, according with the expression of Hadot. (shrink)

A student's future as a knowledge worker (one who "thinks for a living" with the task of problem solving) is the starting point of this book. With this in mind, the book combines a review of philosophical positions and problems with practical examples and perspectives gained from everyday challenges faced by knowledge workers in their businesses and organizations. Through the use of summative chapters, highlighted key concepts, questions for reflection, and illustrative examples on how to work with the theories presented, (...) the book provides a clear and accessible introduction to this challenging subject. Philosophy of Science primarily addresses students studying language, communication, marketing, economics, and management. However, the survey of the theoretical schools of thought - as well as the discussions on research ethics and the role of research in society - will be equally relevant for other students in the humanities and the natural and social sciences. (shrink)

Wittgenstein’s and Heidegger’s objections against the possibility of a science of aesthetics were influential on different sides of the analytic/continental divide. Heidegger’s anti-scientism leads him to an alētheic view of artworks which precedes and exceeds any possible aesthetic reduction. Wittgenstein also rejects the relevance of causal explanations, psychological or physiological, to aesthetic questions. The main aim of this paper is to compare Heidegger with Wittgenstein, showing that: there are significant parallels to be drawn between Wittgenstein’s and Heidegger’s anti-scientism about aesthetics, (...) and that their anti-scientism leads both towards partly divergent criticisms of what I will call ‘aestheticism’. The divergence is mainly due to a broader metaphilosophical disagreement concerning appeals to ordinary language. Thus situating the two philosophers’ positions facilitates a possible critical dialogue between analytic and continental approaches in aesthetics. (shrink)

In this paper we re-assess the philosophical foundation of Exactly True Logic ($$\mathcal {ET\!L}$$ ET L ), a competing variant of First Degree Entailment ($$\mathcal {FDE}$$ FDE ). In order to do this, we first rebut an argument against it. As the argument appears in an interview with Nuel Belnap himself, one of the fathers of $$\mathcal {FDE}$$ FDE, we believe its provenance to be such that it needs to be taken seriously. We submit, however, that the argument ultimately fails, (...) and that $$\mathcal {ET\!L}$$ ET L cannot easily be dismissed. We then proceed to give an overview of the research that was inspired by this logic over the last decade, thus providing further motivation for the study of $$\mathcal {ET\!L}$$ ET L and, more generally, of $$\mathcal {FDE}$$ FDE -related logics that result from semantical analyses alternative to Belnap’s canonical one. We focus, in particular, on philosophical questions that these developments raise. (shrink)