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)

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)

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...

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.

This Research Topic aimed at deepening our understanding of the levels and explanations that are of interest for cognitive sci- entists, neuroscientists, psychologists, behavioral scientists, and philosophers of science. Indeed, contemporary developments in neuroscience and psy- chology suggest that scientists are likely to deal with a multiplicity of levels, where each of the different levels entails laws of behavior appropriate to that level (Berntson et al., 2012). Also, gathering and modeling data at the different levels of analysis is not suffi- (...) cient: the integration of information across levels of analysis is a crucial issue. Given such state of affairs, a number of interesting questions arise. How can the autonomy of explanatory levels be properly understood in behavioral explanation? Is reductionism a satis- factory strategy? How can high-level and low-level models be constrained in order to be actually explanatory of both behav- ioral and neurological or molecular evidence? What is the kind of relationship between those models? (shrink)

Antonio Signorini’s contribution to the constitutive theory of non-linear elasticity is reconstructed and analyzed. Some uninformed opinions suggesting he had a minor role, lacking of significant results, are discussed and refuted. It is shown that Signorini should be rightly credited for being among the first scholars aware of the central problem of non-linear elasticity: the determination of the general form of the elastic potential.

This article offers a qualified defence of the view that there is a moral difference between telling lies to one's patients, and deceiving them without lying. However, I take issue with certain arguments offered by Jennifer Jackson in support of the same conclusion. In particular, I challenge her claim that to deny that there is such a moral difference makes sense only within a utilitarian framework, and I cast doubt on the aptness of some of her examples of non-lying deception. (...) But I argue that lies have a greater tendency to damage trust than does non-lying deception, and suggest that since many doctors do believe there is a moral boundary between the two types of deception, encouraging them to violate that boundary may have adverse general effects on their moral sensibilities. (shrink)

Sceptical Paths gathers a variety of innovative studies that inquire into the presence and function of sceptical elements, strategies, and approaches in various traditions throughout Ancient, Medieval, Modern, and contemporary philosophy. Special at.

“Self-transcendence” is proposed as a way in which individuals might find relief and support in the context of COVID-19, as well as other times of uncertainty. However, the authors propose that the multiple definitions of self-transcendence within existing literature lean towards the complex, sometimes obscure, and imprecisely spiritual. A concern is that this creates a circumstance, where the possibility of supporting self-transcendence in a wider population will become excluding in this complexity. In this paper, we have undertaken a critical summary (...) review focused primarily on historical foundations of the concept of self-transcendence, and key theoretical approaches in which self-transcendence and self-transcendent experiences are discussed with the motive of finding a clarity to understanding self-transcendence and the pathways towards it. We argue that this much-needed clarity in our understanding of self-transcendence may serve as an inclusive and democratized resource in which to support well-being and resilience in the context of COVID and beyond. (shrink)

The recent in vitro derivation of gamete‐like cells from mouse embryonic stem (mES) cells is a major breakthrough and lays down several challenges, both for the further scientific investigation and for the bioethical and biolegal discourse. We refer here to these cells as gamete‐like (sperm‐like or oocyte‐like, respectively), because at present there is still no evidence that these cells behave fully like bona fide sperm or oocytes, lacking the fundamental proof, i.e. combination with a normally derived gamete of the opposite (...) sex to yield a normal individual. However, the results published so far do show that these cells share some defining features of gametes. We discuss these results in the light of the bioethical and legal questions that are likely to arise would the same process become possible with human embryonic stem (hES) cells. (shrink)

In All Kinds of Magic, Piers recounts this voyage of re-enchantment, which led him from snow-blanketed villages in the Himalayas to a dappled, ancient Sufi ...

This article addresses the long-standing problem of how to understand Mill’s famous harm principle in light of his failure to specify what counts as “harm” in On Liberty. I argue that standard accounts restricting “harm” to only certain negative consequences fail to do justice to the text, and that this fact forces us to rethink Mill’s defense of individual liberty. I then offer a new account of that defense in which “harm” is understood in an expansive sense, despite apparent problems (...) for such a view. (shrink)

For over a decade, a small group of scientists and philosophers—members of the Mind and Life Institute—have met regularly to explore the intersection between science and the spirit. At one of these meetings, the themes discussed were both fundamental and profound: can physics, chemistry, and biology explain the mystery of life? How do our philosophical assumptions influence science and the ethics we bring to biotechnology? And how does an ancient spiritual tradition throw new light on these questions? Pier Luigi (...) Luisi not only reproduces this dramatic, cross-cultural dialogue, in which world-class scientists, philosophers, and Buddhist scholars develop a holistic approach to the scientific exploration of reality, but also adds scientific background to their presentations, as well as supplementary discussions with prominent participants and attendees. Interviews with His Holiness the Karmapa, the Buddhist monk Matthieu Ricard, and the actor and longtime human rights advocate Richard Gere take the proceedings into new directions, enriching the material with personal viewpoints and lively conversation about such topics as the origin of matter, the properties of cells, the nature of evolution, the ethics of genetic manipulation, and the question of consciousness and ethics. A keen study of character, Luisi incorporates his own amusing observations into this fascinating dialogue, painting a very human portrait of some of our greatest—and most intimidating—thinkers. Deeply textured and cleverly crafted, _Mind and Life_ is an excellent opportunity for any reader to join in the debate surrounding this cutting-edge field of inquiry. (shrink)

For over a decade, a small group of scientists and philosophers—members of the Mind and Life Institute—have met regularly to explore the intersection between science and the spirit. At one of these meetings, the themes discussed were both fundamental and profound: can physics, chemistry, and biology explain the mystery of life? How do our philosophical assumptions influence science and the ethics we bring to biotechnology? And how does an ancient spiritual tradition throw new light on these questions? Pier Luigi (...) Luisi not only reproduces this dramatic, cross-cultural dialogue, in which world-class scientists, philosophers, and Buddhist scholars develop a holistic approach to the scientific exploration of reality, but also adds scientific background to their presentations, as well as supplementary discussions with prominent participants and attendees. Interviews with His Holiness the Karmapa, the Buddhist monk Matthieu Ricard, and the actor and longtime human rights advocate Richard Gere take the proceedings into new directions, enriching the material with personal viewpoints and lively conversation about such topics as the origin of matter, the properties of cells, the nature of evolution, the ethics of genetic manipulation, and the question of consciousness and ethics. A keen study of character, Luisi incorporates his own amusing observations into this fascinating dialogue, painting a very human portrait of some of our greatest—and most intimidating—thinkers. Deeply textured and cleverly crafted, _Mind and Life_ is an excellent opportunity for any reader to join in the debate surrounding this cutting-edge field of inquiry. (shrink)

In this paper, for the benefit of reflection processes in clinical and in local, regional, and national priority-setting, we aim to develop an ethical theoretical framework that includes both ethical principles and medium-range narratives. We present our suggestion in the particular case of having to choose between treatment interventions for attention deficit hyperactivity disorder (ADHD) and treatment interventions for other conditions or diseases, under circumstances of scarcity. In order to arrive at our model, we compare two distinct ethical approaches: a (...) generalist (principles) approach and a particularist (narratives) approach. Our focus is on Sweden, because in Sweden prioritization in healthcare is uniquely governmentally regulated by the “ethics platform.” We will present a (fictional) scenario to analyse the strengths and weaknesses of the generalist principled perspective of the ethics platform and the particularist perspective of narrative ethics. We will suggest an alternative (moderately particularist) approach to prioritization, which we dub a “principles plus medium-range narratives” approach. Notwithstanding the undeniably central role of principles in distributive justice, we claim that medium-range narratives concerning individuals or groups who stand to benefit or lose from ADHD prioritization practices should also be read or listened to and taken into account at all levels of priority-setting. These narratives are expected to ethically optimize clinical priority-setting, as well as that undertaken at local, regional, and national levels. (shrink)

As a stress test of experimenter demand effects, we run an experiment where subjects can physically destroy coupons awarded to them. About one subject out of three does. Giving money back to the experimenter is possible in a separate task but is more consistent with an experimenter demand effect than an explanation based on altruism towards the experimenter. A measure of sensitivity to social pressure helps predict destruction when social information is provided.

My aim in this chapter is to push back against the tendency to emphasize Mill’s break from Bentham rather than his debt to him. Mill made important advances on Bentham’s views, but I believe there remains a shared core to their thinking—over and above their commitment to the principle of utility itself—that has been underappreciated. Essentially, I believe that the structure of Mill’s utilitarian thought owes a great debt to Bentham even if he filled in that structure with a richer (...) conception of human nature and developed it in more liberal directions. This commonality is revealed, in particular, in Mill’s own institutional designs and practical reform proposals in Considerations on Representative Government and related writings. If this is right, then the tendency of interpreters to highlight their differences rather than their similarities has been to the detriment of both Mill and Bentham scholarship, and so to our understanding of the rise of liberal utilitarianism. (shrink)