Rodolfo Sacco developed the idea of “mute behaviours” during his studies on mute law. The notion of “mute behaviours” denotes an action that is able to mould a legal relationship without any use of language. Certainly, this concept may give rise to some doubts in relation to the attribution—to a behaviour qualified as mute—of the capability to affect dynamics involving a plurality of people. Aiming to clarify the idea of “mute behaviours” by this point of view, the authors analysed the (...) semiotic terminology used by Sacco himself to explain this notion and the issue of its silent nature. Therefore, the terms “signifying signs” and “symptoms”, deemed by Sacco—respectively—incompatible and compatible with the theory of mute behaviours were considered. The former term was traced back to the notion of conventional and arbitrary sign, the notion of the latter was reconstructed linking it to the concept of signs based on signification and suggesting a possible framework in view of the idea of “presentative meanings” developed by the philosopher Guido Morpurgo-Tagliabue. Clarified this dichotomy by a terminological analysis, the authors noticed—as affirmed by Rodolfo Sacco himself—the impossibility to ascribe the notion of gesture to the mute behaviour’s category, as some exegetes proposed. Consequently to this last remark, the authors tried to analyse the relationship between gestures and “mute behaviours”, identifying the category of “sema-pragmatic acts”, that includes gestures and may be seen as an intermediate phase between “mute behaviours” and legally relevant behaviours operated by speaking. (shrink)

I fatti! I fatti! Caro signore, i fatti sono come siassumono; e allora, nello spirito, non sono più fatti:ma vita che appare, così o in altro modo.Luigi Pirandello 1 Ontologia del giuridico 1.1 Due ontologie del giuridico: ontologia degli oggetti giuridici (Adolf Reinach) vs. ontologia degli enti giuridici (Santi Romano) 1.1.1 Nella filosofia del diritto del xx secolo sono compresenti due ontologie del giuridico:(i) l’ontologia degli oggetti giuridici di Adolf Reinach (1883-1917),(ii) l’ontol...

Zwar kann der Akt – sofern er sich in gesprochenen oder geschriebenen Worten ausdrückt selbst etwas über seine Bedeutung aussagen, seinen eigenen Sinn angeben.Darin liegt sogar eine besondere Eigentümlichkeit des der sozialen und insbesondere der juristischen Erkenntnis gegebenen Materials. Certamente l’atto, in quanto si esprime a voce o per iscritto, di per sé può dire qualcosa attorno al suo senso, può dichiarare il proprio senso.In ciò consiste una speciale caratteristica del materiale og...

According to the Austrian philosopher Hans Kelsen (1881-1973), social and institutional entities are the only entities that can be null, void. The starting point of the article, The “Invalid” and the “Nothing”: At the Origins of Social Ontology, is the analysis of Hans Kelsen’s thesis. But: Why are social entities the only entities that can be null, void? In order to answer this question, in the first part of the article, the author uses two new concepts: validity-imperfection and validity-falsification. The (...) second part of the paper deals with a new ontological question: Are null (void) social entities something? (shrink)

Pragmatic Ambiguity: The Thetic Function of Modality The aim of this paper is to present an overview of the pragmatic aspects of ambiguity present in deontic sentences, which may have three pragmatic functions: a prescriptive or a descriptive or a constitutive function. This type of ambiguity is investigated on the lexical, phrasal, and sentential level. The discussion focuses on the deontic constructions of the German verb sollen and the English shall as they are used in legal texts. It also includes (...) comments on the thetic function of the Latin imperative mood and the subjunctive mood. (shrink)

This book reconsiders the supposed impossibility of deriving "Ought" from "Is". John R. Searle’s 1964 article How to Derive "Ought " from "Is’’ sent shockwaves through the philosophical community by offering a straightforward counterexample to this claim of impossibility: from your promising something- and this is an "is" - it simply follows that you "ought" to do it. This volume opens with a brand new chapter from Searle who, in light of his subsequent philosophical developments, expounds the reasons for the (...) validity of that derivation and its crucial significance for social ontology and moral philosophy. Then, in a fresh interview with the editors of this volume, Searle explores a range of topics including how his derivation relates to constitutive rules, and how he views Wittgenstein’s philosophy, deontic logic, and the rationality of action. The remainder of the volume is dedicated to a deep dive into Searle’s essay and its implications by international scholars with diverse backgrounds ranging from analytic philosophy, phenomenology, and logic, to moral philosophy and the philosophy and sociology of law. With thirteen original chapters, the contributors provide fresh and timely insights on hotly debated issues: the nature of "Ought"; the logical structure of the social world; and the possibility of deriving not only "Ought" from "Is", but "Is" from "Ought". (shrink)

Vi sono varie forme di impossibilità normativa. Una prima forma si incontra quando un fatto naturale al quale il diritto attribuisce un significato normativo è impossibile. Una seconda consiste nell’impossibilità di un atto o fatto la quale derivi dalla presenza o assenza di una norma. Vi è poi una terza forma di impossibilità normativa che si incontra quando si afferma che da una certa realtà oggetto di normazione derivano necessariamente limiti all’attività di normazione stessa. Di una quarta forma si può (...) parlare quando ci si riferisce a un’impossibilità derivante dalle specifiche relazioni che intercorrono tra norme di un sistema normativo dinamico. Le forme di impossibilità normativa sono indagate, nei contributi raccolti in questo volume, da diverse angolazioni: la filosofia del diritto, la filosofia morale, la logica, la filosofia della conoscenza, la scienza del diritto penale. (shrink)

Research has suggested a fundamental connection between fairness and well-being at the individual, relational, and societal levels. Mattering is a multidimensional construct consisting of feeling valued by, and adding value to, self and others. Prior studies have attempted to connect mattering to both fairness and a variety of well-being outcomes. Based on these findings, we hypothesize that mattering acts as a mediator between fairness and well-being. This hypothesis was tested through Covariance-Based Structural Equation Modeling using multidimensional measures of fairness, mattering, (...) and well-being. Results from a Latent Path Analysis conducted on a representative sample of 1,051U.S. adults provide support to our hypothesis by revealing a strong direct predictive effect of mattering onto well-being and a strong indirect effect of fairness onto well-being through mattering. Results also show that mattering is likely to fully mediate the relationship between fairness and multiple domains of well-being, except in one case, namely, economic well-being. These findings illustrate the value of a focus on mattering to understand the relationship between fairness and well-being and to provide future directions for theory, research, and practice. Theoretical implications for the experience of citizenship and participation, along with cross-cultural considerations, are also discussed. (shrink)

Observing averted eye gaze results in the automatic allocation of attention to the gazed-at location. The role of the orientation of the face that produces the gaze cue was investigated. The eyes in the face could look left or right in a head-centred frame, but the face itself could be oriented 90 degrees clockwise or anticlockwise such that the eyes were gazing up or down. Significant cueing effects to targets presented to the left or right of the screen were found (...) in these head orientation conditions. This suggests that attention was directed to the side to which the eyes would have been looking towards, had the face been presented upright. This finding provides evidence that head orientation can affect gaze following, even when the head orientation alone is not a social cue. It also shows that the mechanism responsible for the allocation of attention following a gaze cue can be influenced by intrinsic object-based (i.e. head-centred) properties of the task-irrelevant cue. (shrink)

ABSTRACT In this paper we shall prove that l-rings are categorally equivalent to the MV*-algebras, a subcategory of perfect MV-algebras. We shall use this equivalence in order to characterize l-rings as quotients of certain semirings of matrices over MV*-algebras. We shall establish a relation between l-ideals in l-rings and some ideals in MV*-algebras. This edlows us to study the MV* f-algebras, a subclass of the MV*-algebras corresponding to the f-rings.

Coordination between speakers in dialogue requires balancing repetition and change, the old and the new. Interlocutors tend to reuse established forms, relying on communicative precedents. Yet linguistic interaction also necessitates adaptation to changing contexts or dynamic tasks, which might favor abandoning existing precedents in favor of better communicative alternatives. We explored this tension using a maze game task in which individual participants and interacting pairs had to describe figures and their positions in one of two possible maze types: a regular (...) maze, in which the grid‐like structure of the maze is highlighted, and an irregular maze, in which specific parts of the maze are salient. Participants repeated this task several times. Both individuals and interacting pairs were affected by the different maze layouts, initially using more idiosyncratic description schemes for irregular mazes and more systematic schemes for regular mazes. Interacting pairs, but not individuals, abandoned their unsystematic initial descriptions in favor of a more systematic approach, which was better adapted for repeated interaction. Our results show communicative conventions are initially shaped by context, but interaction opens up the possibility for change if better alternatives are available. (shrink)

Este estudo tem como objetivo conhecer as concepções de homem presentes na bibliografia utilizada pelas disciplinas de Psicologia Clínica das universidades gaúchas. Com esse intuito procedeu-se, inicialmente, a uma revisão bibliográfica sobre as formas de concepção de homem ao longo da história da humanidade, chegando-se à Idade Moderna e ao advento da Psicologia como ciência. Através da análise qualitativa dos planos de ensino de 11 universidades gaúchas, pode-se inferir que a concepção de homem predominante na Psicologia Clínica, como disciplina acadêmica, (...) é a concepção própria da Psicanálise.This article aims to know the concepts of man that can be found in the bibliography used in courses of clinical psychology in universities of Rio Grande do Sul. As a first step, we went through a bibliographical survey about the ways man has been comprehended along history up to Modern Age and the advent of Psychology as science. From the qualitative analysis of the teaching plans of eleven universities of Rio Grande do Sul, it is possible to infer that the psychoanalytical concept of man is the predominant conception found in clinical psychology as an academic discipline. (shrink)

Prosocial behavior is critical for the natural development of an individual as well as for promoting social relationships. Although this complex behavior results from gratuitous acts occurring between an agent and a recipient and a wealth of literature on prosocial behavior has investigated these actions, little is known about the effects on the recipient and the neurobiology underlying them. In this study, we used functional magnetic resonance imaging to identify neural correlates of receiving prosocial behavior in the context of real-world (...) experiences, with different types of action provided by the agent, including practical help and effort appreciation. Practical help was associated with increased activation in a network of regions spanning across bilateral superior temporal sulcus, temporoparietal junction, temporal pole, and medial prefrontal cortex. Effort appreciation was associated with activation and increased task-modulated connectivity of the occipital cortex. Prosocial-dependent brain responses were associated with positive affect. Our results support the role of the theory of mind network and the visual cortices in mediating the positive effects of receiving gratuitous help. Moreover, they indicate that specific types of prosocial behavior are mediated by distinct brain networks, which further demonstrates the uniqueness of the psychological processes underlying prosocial actions. (shrink)

This article proposes to analyse some aspects of the appropriation of New School thinking in Brazil, particularly Deweyan pragmatism, in the 1950s and 1960s. The analysis is based on the assumption that the developmentalist ideology that punctuated the debate on the economic, political and social restructuring of the country in these two decades constituted fertile ground for the return and expansion of pragmatist thinking amongst Brazilian educators, articulating itself, sometimes in contradictory ways, with this ideology. The focus of the analysis (...) will be on the writings of the group of educators which circulated around the figure of Anísio Teixeira, at the time director of the National Institute for Pedagogic Studies, an organ linked to the Ministry of Education and Culture, which set itself the task of producing research that would support public policy in the field of education, as well as constituting itself as a center for teacher education and the stimulus and development of innovative experiences in the public school system. The appropriation of Deweyan pragmatism, in this context, had a triple perspective: pragmatism as scientific method, implying a specific conception of science, particularly the social sciences, with emphasis on the application of scientific knowledge in the solution of practical problems; as a way of democratic life; and as a synonym for experimentalism, in the sphere of schooling. (shrink)

Bertrand’s paradox ) can be considered as a cautionary memento, to practitioners and students of probability calculus alike, of the possible ambiguous meaning of the term ‘at random’ when the sample space of events is continuous. It deals with the existence of different possible answers to the following question: what is the probability that a chord, drawn at random in a circle of radius R, is longer than the side of an inscribed equilateral triangle? Physics can help to remove the (...) ambiguity by identifying an actual experiment, whose outcome is obviously unique and prescribes the physical variables to which the term ‘random’ can be correctly applied. In this paper, after briefly describing Bertrand’s paradox, we associate it with an experiment, which is basically a variation of the famous Buffon’s needle experiment for estimating the value of π. Its outcome is compared with the analytic predictions of probability calculus, that is with the probability distribution of variables whose uniform distribution can be considered a sound implementation of complete randomness. (shrink)

In this paper, we analyse the most important documents establishing the criteria for the treatment and exclusion of COVID-19 patients, especially in regard to the giving of respiratory support, in Italy and Spain. These documents reflect a tension that stems from limited healthcare resources which are insufficient to save lives that, under normal conditions, could have been saved, or at least could have received the best possible treatment. First, we analyse the healthcare systems of these two countries before the spread (...) of the virus, both of which have seen decreases in the number of intensive care beds and have been marked by financial cuts during the last ten years. It is a fact that a greater number of people, especially those over 70 years of age, have been left without respiratory support treatment, and therefore, there have been a greater number of deaths. It is also a fact that there has been a higher infection rate among healthcare professionals due to the delay in the management of protective measures and the inability to provide adequate care for those in nursing homes, as recognised by WHO. In the context of this health emergency, healthcare professionals have suffered a real ‘moral distress’ because, knowing first-hand the causes of the limitation of resources, they have had to put triage protocols into practice. Finally, we set forth a series of concrete ethical proposals with which to face the successive waves of COVID-19 infection, as well as other future pandemics. (shrink)

A distinguishing characteristic of the biomedical model is its compartmentalized view of man. This way of seeing human beings has its origin in Greek thought; it was stated by Descartes and to this day it still considers humans as beings composed of distinct entities combined into a certain form. Because of this observation, one began to believe that the focus of a health treatment could be exclusively on the affected area of the body, without the need to pay attention to (...) patient’s subjectivity. By seeing pain as a merely sensory response, this model was not capable of encompassing chronic pain, since the latter is a complex process that can occur independently of tissue damage. As of the second half of the twentieth century, when it became impossible to deny the relationship between psyche and soma, the current understanding of chronic pain emerges: that of chronic pain as an individual experience, the result of a sum of physical, psychological, and social factors that, for this reason, cannot be approached separately from the individual who expresses pain. This understanding has allowed a significant improvement in perspective, emphasizing the characteristic of pain as an individual experience. However, the understanding of chronic pain as a sum of factors corresponds to the current way of seeing the process of falling ill, for its conception holds a Cartesian duality and the positivist premise of a single reality. For phenomenology, on the other hand, the individual in his/her unity is more than a simple sum of parts. Phenomenology sees a human being as an intending entity, in which body, mind, and the world are intertwined and constitute each other mutually, thus establishing the human being’s integral functioning. Therefore, a real understanding of the chronic pain process would only be possible from a phenomenological point of view at the experience lived by the individual who expresses and communicates pain. (shrink)

Background Metaphors are central to the human understanding of complex issues; through the immediate associations they evoke and frame problems and suggest solutions. Our suggestion of Music in the Park as a metaphor for health systems reform brings to the forefront the environmentally diverse but bounded spaces of health services that offer a variety of attractors within their confines, while pushing into the background organizational and economic concerns.Reflections Parks, like health services, are embedded in their local landscape, serving their communities, (...) but most importantly parks are public spaces, publically funded, ideally offering universal access and equity and to be shared by all who want to go there.Music, like health, is tangible, technical and scientific, yet ultimately experiential and based on meaning. While it encompasses a wide range of styles and approaches, music making requires as its most important skill active listening which brings with it to be ‘in the moment’, to take personal risks and to draw energy and inspiration from the participants. Hence ‘audiences’ are equally active participants because music only has meaning if it internally resonates with the listener and only can exist in what is a co-constructed experience.Conclusions Music in the Park is a metaphor for primary health care systems based on shared values of experts and unique local communities. Health professionals are players in this arena, who develop and practise the full range of their skills in response to individual and community needs and preferences. Their leadership works through inspiration and empowerment, making patients ‘co-producers’ of their own health and ‘co-shapers’ of their health services. (shrink)

In this work we introduce a class of commutative rings whose defining condition is that its lattice of ideals, augmented with the ideal product, the semi-ring of ideals, is isomorphic to an MV-algebra. This class of rings coincides with the class of commutative rings which are direct sums of local Artinian chain rings with unit.

In [9] Mundici introduced a categorical equivalence Γ between the category of MV-algebras and the category of abelian [MATHEMATICAL SCRIPT SMALL L]-groups with strong unit. Using Mundici's functor Γ, in [8] the authors established an equivalence between the category of perfect MV-algebras and the category of abelian [MATHEMATICAL SCRIPT SMALL L]-groups. Aim of the present paper is to use the above functors to provide Yosida like representations of a large class of MV-algebras.

The deliberative ethics guidelines elaborated and implemented by members of the IFOM-IEO Campus (Firc Institute of Molecular Oncology (IFOM) and the European Institute of Oncology (IEO)). These should serve the dual purpose of establishing a minimal set of standard rules for bioethical debate and any ensuing decision-making process, especially for the perspective of providing real instruments to foster public engagement and public awareness on the ethical issues involved in biomedical research. It is shown that these guidelines instantiate the scheme of (...) one of the correct ways of debating formalised by the western thought. (shrink)