Principi e ordinamento romano : una riflessione sulle orme di Fritz Schulz -- Homo liber e homo sacer : due archetipi dell'appartenenza -- L'humanitas tra diritto romano e totalitarismo hitleriano -- Sull'eccezione di dolo generale -- L'arbitraggio sul prezzo -- Diritto romano e scienza del diritto -- Roma e i suoi giuristi nel pensiero di Nicolás Gómez Dávila -- Tradizione e misura umana del diritto: considerazioni sulla figura del giurista a partire da Giuseppe Grosso.

Carl Schmidt e Wassily Kandinsky: a Monaco fra diritto e arte -- Carl Schmitt e la "Wissenschaft des römischen Rechts" -- Carl Schmitt e Walter Benjamin -- Sul "nomos" in Carl Schmitt.

This Paper argues that to protect at-risk communities — and all Americans — from the deadly effects of environmental racism, Congress must pass the Environmental Justice for All Act. The Act is intended to “restore, reaffirm, and reconcile environmental justice and civil rights.” It does so by restoring an individual’s right to sue in federal court for discrimination based on race, ethnicity, or national origin regardless of intent under the Civil Rights Act of 1964, strengthening the National Environmental Policy Act, (...) and providing economic incentives focused on environmental justice. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

lNTRODUCTlON ln itself the world is neither governed by a principle of order, irremediably abandoned to disorder, structured with iron determinism, ...

This paper poses a puzzle for contemporary Kantian political philosophy. Kantian political philosophers hold that the state’s purpose is to secure the conditions for people’s innate right to equal freedom, while at the same time claiming that innate right does not give a determinate set of conditions that the state is to bring about. Officials, then, have to make decisions in cases where the considerations of innate right provide no further guidance. I argue that, intuitively, in such cases there are (...) (i) some further considerations that officials may appeal to and (ii) some further considerations that officials may not appeal to in order to decide among the options consistent with people’s innate right and then raise difficulties for the ability of current Kantian accounts to explain how they can accept both (i) and (ii). I conclude by suggesting one potential path forward for Kantians to address this puzzle. (shrink)

May the state try to promote the flourishing of its citizens? Some political philosophers—perfectionists—hold that the state may do so, while other political philosophers—anti-perfectionists—hold that the state may not do so. Here I examine how perfectionists might respond to a style of argument that anti-perfectionists give—what I call the legitimacy objection. This argument holds that considerations about flourishing are not themselves the right kind of considerations to justify state authority, and so if the state takes action to promote the flourishing (...) of its citizens, it is meddling in issues that are beyond the legitimate scope of its authority. I argue that this objection only shows that considerations about flourishing cannot themselves legitimate state action, but that they may still guide the state and state officials when they are deciding among policy options that are legitimate for non-perfectionist reasons. (shrink)

Political liberals hold that the exercise of state power is legitimate only if it can be publicly justified—justified on the basis of public reasons. Many find this requirement too demanding and propose instead that there are just pro tanto reasons for laws and policies to be publicly justified. Here I argue that this alternative proposal fails to recognize that there are also distinct pro tanto reasons to have institutional requirements that laws and policies are publicly justified. This suggests an intermediate (...) position between political liberals and their critics, which holds that states have reasons to adopt the kinds of institutions that political liberals favor—institutions that require public justification—but whether they should do so will depend on the costs and benefits of those institutions. This allows for a more practical approach to public justification by focusing on its application in particular political contexts. (shrink)

Nel mio articolo propongo una lettura dei §§ 79-84 della Critica del Giudizio, parte della sezione Metodologia del Giudizio teleologico. Dapprima mi interrogo sul significato di una Methodenlehre del Giudizio teleologico, che rintraccio in un’attività metariflessiva del Giudizio; procedo poi ad una lettura analitica del testo nelle sue varie articolazioni, nella quale passo in rassegna le questioni attinenti alla specificità dello statuto epistemologico della teleologia, alla possibile convivenza tra finalismo e meccanicismo nella scienza della natura, all’origine della vita, allo scopo (...) ultimo della natura e allo scopo finale della creazione; approdo, infine, ad un’interpretazione per cui l’intera teleologia rationis humanae, che si estende dalla teleologia naturale alla teleologia morale passando per l’antropologia e per la filosofia della storia, viene in questa sezione riarticolata intorno ad un nuovo fulcro concettuale di livello trascendentale, che può garantire l’effettivo collegamento tra queste diverse parti della filosofia proprio perché esso non si esercita in forma di dominio legislativo, ma in forma di riflessione sul molteplice empirico e sulla causalità teleologica propria dell’uomo. (shrink)

The first part of this paper aims to highlight the analogies between Schutz’s vision of the natural attitude and Wittgenstein’s vision of a phenomenon that concerns the same problematic field, i.e. certainty, the belief of common sense that is free of all doubt, that the world “out there” is as it appears, absolutely real. These certainties form the basis, the foundation of language games and therefore of knowledge in general and in its entirety. This foundation is unfounded and yet indispensable. (...) The second part of the paper examines an important topic analysed by Wittgenstein, related to the aforementioned problem: the language transposition of pre-predicative, pre-reflective and non-propositional certainties, the cornerstones of which are “hinge propositions”, whose hybrid nature can be identified in the shift from empirical propositions to grammatical rules. (shrink)

Abstract:This essay argues for lyric as an anthropomorphic pattern of thought which shapes our readings of poetry and Earth. Theorizing what I call "lyric geology," the essay foregrounds two critical conjunctions: (1) the historical co-emergence of the normative lyric subject and the human species as geologic agent; and (2) the anthropomorphic genealogy of literary criticism called "lyricization" as it dovetails with Sylvia Wynter's account of the "over-representation" of colonial man as "the human itself." Reading across a seemingly eclectic archive—Charles Lyell, (...) Robert Knox, Richard Owen, and a maroon known in the Mauritian imperial archive as Simon—I show how the colonial anthropos as self-consciously theorized in and across the nineteenth century materially effectuates on a planetary scale the very racialized anthropomorphosis fallaciously naturalized as lyric. So understood, man's generic "over-representation" and lyric are co-constitutive projects. Together, they proliferate a human fantasy whose flat speciesism at once reproduces and effaces white supremacist violence and colonial dispossession. (shrink)

We performed three experiments to investigate whether adjectives can modulate the sensorimotor activation elicited by nouns. In Experiment 1, nouns of graspable objects were used as stimuli. Participants had to decide if each noun referred to a natural or artifact, by performing either a precision or a power reach‐to‐grasp movement. Response grasp could be compatible or incompatible with the grasp typically used to manipulate the objects to which the nouns referred. The results revealed faster reaction times (RTs) in compatible than (...) in incompatible trials. In Experiment 2, the nouns were combined with adjectives expressing either disadvantageous information about object graspability (e.g., sharp) or information about object color (e.g., reddish). No difference in RTs between compatible and incompatible conditions was found when disadvantageous adjectives were used. Conversely, a compatibility effect occurred when color adjectives were combined with nouns referring to natural objects. Finally, in Experiment 3 the nouns were combined with adjectives expressing tactile or shape proprieties of the objects (e.g., long or smooth). Results revealed faster RTs in compatible than in incompatible condition for both noun categories. Taken together, our findings suggest that adjectives can shape the sensorimotor activation elicited by nouns of graspable objects, highlighting that language simulation goes beyond the single‐word level. (shrink)

We use a lab experiment to examine whether and how leaders influence workers’ (un)ethical behavior through financial reporting choices. We randomly assign the role of leaders or workers to subjects, who can choose to report an outcome via automatic or self-reporting. Self-reporting allows for profitable and undetectable earnings manipulation. We vary the leaders’ ability to choose the reporting method and to punish workers. We show that workers are more likely to choose automatic reporting when their leader voluntarily does so and (...) can assign punishment. Even workers who choose self-reporting tend to cheat less when their leader chooses automatic reporting. Nonetheless, most leaders do not opt for automatic reporting in the first place: they often choose self-reporting and punish workers who rather choose automatic reporting. Collectively, our results reveal a dual effect of leadership on ethical behaviors in organizations: workers behave more ethically if their leader makes ethical choices, but often leaders do not make ethical choices in the first place. Hence, leading by example can backfire. (shrink)

Simple assumptions represent a decisive reason to prefer one theory to another in everyday scientific praxis. But this praxis has little philosophical justification, since there exist many notions of simplicity, and those that can be defined precisely strongly depend on the language in which the theory is formulated. The language dependence is a natural feature—to some extent—but it is also believed to be a fatal problem, because, according to a common general argument, the simplicity of a theory is always trivial (...) in a suitably chosen language. But, this trivialization argument is typically either applied to toy-models of scientific theories or applied with little regard for the empirical content of the theory. This paper shows that the trivialization argument fails, when one considers realistic theories and requires their empirical content to be preserved . In fact, the concepts that enable a very simple formulation, are not necessarily measurable, in general. Moreover, the inspection of a theory describing a chaotic billiard shows that precisely those concepts that naturally make the theory extremely simple are provably not measurable. This suggests that—whenever a theory possesses sufficiently complex consequences—the constraint of measurability prevents too simple formulations in any language. This explains why the scientists often regard their assessments of simplicity as largely unambiguous. In order to reveal a cultural bias in the scientists’ assessment, one should explicitly identify different characterizations of simplicity of the assumptions that lead to different theory selections. General arguments are not sufficient. (shrink)

The point of view advocated, in the last ten years, by quantum probability about the foundations of quantum mechanics, is based on the investigation of the mathematical consequences of a deep and elementary idea developed by the founding fathers of quantum mechanics and accepted nowadays as a truism by most physicists, namely: one should be careful when applying the rules derived from the experience of macroscopic physics to experiments which are mutually incompatible in the sense of quantum mechanics.

In this paper, I argue that Sellars’s conceptualist reading of Kant, though less radical than more contemporary approaches (e. g., Brandom, McDowell), relies on a controversial account of the relations between the givenness of intuitions, the productive imagination and the power of judgment. I will discuss: 1) how Sellars reconsidered Kant’s account of intuition; and 2) the kind of conceptualism he argues for. I will raise two main claims. First, Sellars’s conceptualist reading of intuition overlooks the role of space and (...) time as givenness conditions. Second, Sellars’s account of the productive imagination disregards the complementary significance of the power of judgment in a priori synthesis, the role of which is to grant synthetic unity. My aim is to reconstruct a consistent dialogue between Sellars and Kant by discussing Sellars’s reading of a priori synthesis and comparing his views to Kant’s original aims. (shrink)

The distinction between open and closed class items represents a fundamental bifurcation in the mental lexicon. It proved useful to express certain basic generalisations in linguistics and in the study of language acquisition and language pathology. The distinction is too rough tough: it must be refined by paying attention to the computational properties of the two classes and their division of labor in the generation of complex expressions. It will be shown how the distinction is expressed within current linguistic models (...) of the principles and parameters / minimalist type. (shrink)

Luigi Giussani, a high school religion teacher throughout the 1950s and 1960s, grounded his teachings in the vast body of experience to be found in Christianity's two-thousand-year history. He told his students, “I'm not here to make you adopt the ideas I will give you as your own, but to teach you a method for judging the things I will say.” Throughout his life, education was one of Giussani's primary intellectual interests. He believed that effective education required an adequate (...) background in the Christian tradition, presented within a lived experience that underscored the capacity of the faith to answer universal questions. What he proposed was a process that allowed one to sift through tradition, critically examining it and comparing it against the ultimate criteria for judgment: the desires of the heart. In Giussani's view, the primary concern was to “educate the human heart as God made it.” In The Risk of Education he states that fear leads students to associate this process of criticism with negativity or doubt. Yet, without an education in criticism, students cannot develop conviction. At a time when young people are abandoning the church and questioning the value of faith, Giussani's method of judging and verifying Christianity as an experience seems a necessary intervention. In The Risk of Education he argues that, ultimately, education and the Christian message reveal themselves through human freedom. (shrink)

Gli emarginati diventano protagonisti di una storia alternativa all'epica cavalleresca e aristocratica.

La piega critica del realismo filosofico di Tommaso rivela una realtà inaferrabile dischiudendo al soggetto nuove possibilità conoscitive, che ci restituiscono un Tommaso un po' meno tomista.

Una proposta di lettura ";trascendentalista"; del ";De ente"; di Tommaso d'Aquino. Il venir meno dei presupposti per fondare un rapporto forte tra discorso e realtà.