This paper aims to enrich the idea of the institutionalized sphere of recognition developed by Axel Honneth and Pierre Bourdieu’s concept of the “social field” by combining them. First, it underlines the characteristics that the two viewpoints share. Second, the paper argues that their combination can be mutually beneficial for overcoming some of their respective theoretical limits: the issue of the determination of the amplitude of the social field and the nature of the power that institutions of recognition exercise on (...) individuals. (shrink)

The paper discusses non-pharmaceutical interventions (NPIs) as a collective form of protection that, in terms of health justice, benefits groups at risk, allowing them to engage in social life and activities during health crises. More specifically, the paper asserts that NPIs that realize social distancing are justifiable insofar as they are constitutive of a type of social protection that allows everyone, especially social disadvantaged agents, to access the public health sphere and other fundamental social spheres, such as the family and (...) civil society. (shrink)

Mature spermatozoa are permeable to foreign DNA and RNA molecules. Here I propose a model, whereby extrachromosomal genetic information, mostly encoded in the form of RNA in somatic cells, can cross the Weismann barrier and reach epididymal spermatozoa. LINE‐1 retrotransposon‐derived reverse transcriptase (RT) can play key roles in the process by expanding the RNA‐encoded information. Retrotransposon‐encoded RT is stored in mature gametes, is highly expressed in early embryos and undifferentiated cells, and becomes downregulated in differentiated cells. In turn, RT plays (...) a role in developmental control, as its inhibition arrests developmental progression of early embryos with globally altered transcriptomic profiles. Thus, sperm cells act as recipients, and transgenerational vectors of somatically derived genetic information which they pass to the next generation with the potential to modify the fate of the developing embryos. (shrink)

This paper discusses the explanatory power of discourse analysis, an approach to typically considered one of the main qualitative methods for data analysis. Although discourse analysis is typically not used to develop explanatory models, some have claimed that discourse models can causally explain social phenomena, such as institutional change. I analyze a case of institutional change to discuss and provide arguments for two claims. First, discourse analysis cannot generate causal explanations of social phenomena. Secondly, discourse analysis can generate non-causal explanations, (...) specifically constitutive explanations of social phenomena. I conclude the paper by discussing possible implications for social research. (shrink)

Artefacts are usually understood in contrast with natural kinds and conceived as a unitary kind. Here we propose that there is in fact a variety of artefacts: from the more concrete to the more abstract ones. Moreover, not every artefact is able to fulfil its function thanks to its physical properties: Some artefacts, particularly what we call “institutional” artefacts, are symbolic in nature and require a system of rules to exist and to fulfil their function. Adopting a standard method to (...) measure conceptual representation (the property generation task), we have experimentally explored how humans conceptualise these different kinds of artefacts. Results indicate that institutional artefacts are typically opposed to social objects, while being more similar to standard artefacts, be they abstract or concrete. (shrink)

In the present article we discuss the relevance of the mirror mechanism for our sense of self and our sense of others. We argue that, by providing us with an understanding from the inside of actions, the mirror mechanism radically challenges the traditional view of the self and of the others. Indeed, this mechanism not only reveals the common ground on the basis of which we become aware of ourselves as selves distinct from other selves, but also sheds new light (...) on the content of our self and other experience, showing that we primarily experience ourselves and the others in terms of our own and of their motor possibilities respectively. -/- . (shrink)

People walk, build, paint and otherwise act together with a purpose in myriad ways. What is the relation between the actions people perform in acting together with a purpose and the outcome, or outcomes, to which their actions are directed? We argue that fully characterising this relation will require appeal not only to intention, knowledge and other familiar philosophical paraphernalia but also to another kind of representation involved in preparing and executing actions, namely motor representation. If we are right, motor (...) representation plays a central role in the story of acting together. (shrink)

In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic metaphysics) over the last (...) twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)

Motor representations live a kind of double life. Although paradigmatically involved in performing actions, they also occur when merely observing others act and sometimes influence thoughts about the goals of observed actions. Further, these influences are content-respecting: what you think about an action sometimes depends in part on how that action is represented motorically in you. The existence of such content-respecting influences is puzzling. After all, motor representations do not feature alongside beliefs or intentions in reasoning about action; indeed, thoughts (...) are inferentially isolated from motor representations. So how could motor representations have content-respecting influences on thoughts? Our aim is to solve this puzzle. In so doing, we shall provide the basis for an account of how experience links the motoric with thought. Such an account matters for understanding how humans think about action: in some cases, we have reasons for thoughts about actions that we would not have if we were unable to represent those actions motorically. (shrink)

In the present article we discuss the relevance of the mirror mechanism for our sense of self and our sense of others. We argue that, by providing us with an understanding from the inside of actions, the mirror mechanism radically challenges the traditional view of the self and of the others. Indeed, this mechanism not only reveals the common ground on the basis of which we become aware of ourselves as selves distinct from other selves, but also sheds new light (...) on the content of our self and other experience, showing that we primarily experience ourselves and the others in terms of our own and of their motor possibilities respectively. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

Despite the impressive body of evidence supporting the existence of a mirror neuron (MN) system for action, the original claim regarding its crucial role in action understanding remains controversial. Emma Borg has recently launched a sharp attack on this claim, with the aim of demonstrating that neither the original version nor the subsequent revisions of the MN hypothesis tell us very much about how intentional attribution actually works. In this article I take up the challenge she issues in the title (...) of her paper (If Mirror Neurons are the Answer, What was the Question?) and argue that what MNs offer is not as Borg claims 'an extremely limited' picture of action understanding but rather an enriched picture that brings to light aspects of social cognition hitherto ignored in the mind-reading literature, showing how intentional motor components of action can shape social cognition prior to and apart from any forms of deliberate mentalizing. (shrink)

People walk, build, paint and otherwise act together with a purpose in myriad ways. What is the relation between the actions people perform in acting together with a purpose and the outcome, or outcomes, to which their actions are directed? We argue that fully characterising this relation will require appeal not only to intention, knowledge and other familiar philosophical paraphernalia but also to another kind of representation involved in preparing and executing actions, namely motor representation. If we are right, motor (...) representation plays a central role in the story of acting together. (shrink)

Being part of the life of institutions requires a considerable amount of conceptual knowledge. In institutional settings, we must learn the relevant concepts to act meaningfully, and these concepts are internal in a peculiar way, namely, they are strictly relative to the rules of a given institution because they are constituted by those rules. However, institutions do not come out of nothing: They are inscribed in a social setting and this setting determines, at least in a broad sense, what is (...) the nature of the institution. Our social life therefore creates more or less defined contexts for meaningful institutional activities, and these contexts in their own turn involve concepts. In this paper, I address this question by distinguishing between three kinds of concepts relevant for an institution and trying to identify the different relations that these concepts have with constitutive rules. I then proceed to explain how this distinction can improve our understanding of practical reasoning in institutional context. (shrink)

When we witness a great actor, musician, or sportsperson performing, we share something of their experience. Only recently has it become clear just how this sharing of experience is realised within the human brain. 'Mirrors in the brain' provides an accessible overview of mirror neurons, written by the man who first discovered them.

In this article, I argue that stability is one of the enabling conditions for epistocratic arrangements to function well and justify their claim right to rule. Against this backdrop, I demonstrate that advocates of strategies to allocate exclusive decision-making power to knowledgeable citizens fail to demonstrate that in a context marked by the fact of pluralism, liberal epistocracies will be stable. They could argue that liberal epistocracies will be stable because epistocratic arrangements are better equipped than democratic decision-making bodies to (...) produce outcomes that approximate the common good. They could argue that liberal epistocracies will be stable because there is a shared meritocratic set of values and ideas. Furthermore, they could opt for two standard liberal strategies, such as overlapping consensus and modus vivendi. Yet, in all cases, the argument for the stability of liberal epistocracies is not persuasive. (shrink)

The author intends to show how the criticism of Maurizio Ferraris to the correspon-dence of ontology and epistemology, which developed in the modern age, does not consider that the Thought of the transcendentalism is not the thought of the everyday language but rather a limiting concept. Therefore, the fair criticism to the pragmatism and to the post-modernism in the name of the “reality principle” cannot involve the ideas of the so-called idealists (Kant, Hegel, Gentile, Croce): to conceive the reality as (...) history, as the idealists do, has important ethical implications. (shrink)

Humans have this extraordinary cognitive ability: They imagine inexistent objects, they treat them as if they were real, and by doing so they make them real. They thus give rise to a shared institutional reality that enables them to cooperate in ways that would be impossible otherwise. In this paper, we would like to revisit the account that HLA Hart gives of the practice of collective acceptance that makes a legal system possible. We try to provide an explanation of what (...) Hart calls the ‘internal point of view’, on the basis of experiments on institutional concepts, drawing on the paradigm known as ‘embodied cognition’. Experts and non-experts in law rated the role of several cognitive dimensions for a list of words referring to two kinds of abstract concepts (institutional and theoretical/scientific) and two kinds of concrete ones (food and artifact). Institutional concepts were distinguished into pure-institutional (e.g., ‘contract’, ‘state’, ‘property’) and meta-institutional (e.g., ‘norm’, ‘duty’, ‘justice’). The results provide an empirical account of how our way of thinking about institutions changes as we acquire expertise in the legal field, thus shading light on the cognitive underpinnings of the ‘internal point of view’. (shrink)

Inextricably bound up with the philosophy of John Searle is, famously among philosophers, the concept of constitutive rules. Less well known, however, is that starting in the 1970s, a conversation on this topic emerged in Italian legal philosophy, reaching a depth and complexity hardly matched anywhere else in the world. This is due chiefly to the work of Gaetano Carcaterra and Amedeo G. Conte. This chapter moves that conversation forward by connecting these different research lines: It shows how the evolution (...) of Searle’s concept of a constitutive rule can ground a critique of Conte’s own concept of a constitutive rule, and how, conversely, those developments in Searle’s ideas are consistent with some sound critiques Conte aimed at Searle’s original thinking on constitutive rules. (shrink)

Several authors have recently pointed out the hyper-mentalism of the standard mindreading models, arguing for the need of an embodied and enactive approach to social cognition. Various attempts to provide an account of the primary ways of interacting with others, however, have fallen short of allowing for both what kind of intentional engagement is crucial in the basic forms of social navigation and also what neural mechanisms can be thought to underpin them. The aimof the paper is to counter this (...) fault by showing that most of the primary ways of making sense of others are motor in nature and rooted in a specific brain mechanism: the mirror mechanism. I shall argue that the mirror-based making sense of others not only can be construed within the enactive approach to social cognition, but also allows us to refine it, supplying a plausible and unitary account of the early forms of social interaction. (shrink)

Central to the still-nascent normative literature on counterspeech is the widespread belief that citizens should engage discursively with haters and the effects of hate speech. It is also increasingly clear that discursive engagement with intolerant members of society should be understood as a continuous and extended series of different and connected actions. Much less has been said about the ways that attempts in persuasion and direct responses to hate speech relate to one another and about when specific counterspeech actions should (...) happen. This essay advances a more expansive and refined account of counterspeech, which is understood as a combination of continuous discursive engagement with intolerant members of society and acts of distancing from haters. After reconsidering discursive agency distribution around public hate speech, I show that continuous discursive engagement with intolerant members of society should be interrupted by visible acts of distancing when haters make hateful representative claims. (shrink)

Between Leopold Ranke and Eduard Gans - Certain circumstances and stylistic considerations lead us to believe that the manuscript MS. 114 in the Mendelssohn Archive at the Staatsbibliothek in Berlin is evidence of a course in "Contemporary History" held by Leopold Ranke at the city’s university in the summer term of 1827. The course was on the chronological history of the French Revolution. Ranke had already dealt with the same subject the year before, though in a less detailed manner. And (...) it was not until 1875 that he published a work on the period of the Revolution, but focussing solely on the war between the European powers in 1791-1792. Hence the importance of the new manuscript - in Felix Mendelssohn Bartholdy’s own hand - which, previously, had been mistakenly connected with the teaching of the Hegelian jurist Eduard Gans. Mendelssohn attended his course on the French Revolution in the summer of 1828. (shrink)

Are there distinct roles for intention and motor representation in explaining the purposiveness of action? Standard accounts of action assign a role to intention but are silent on motor representation. The temptation is to suppose that nothing need be said here because motor representation is either only an enabling condition for purposive action or else merely a variety of intention. This paper provides reasons for resisting that temptation. Some motor representations, like intentions, coordinate actions in virtue of representing outcomes; but, (...) unlike intentions, motor representations cannot feature as premises or conclusions in practical reasoning. This implies that motor representation has a distinctive role in explaining the purposiveness of action. It also gives rise to a problem: were the roles of intention and motor representation entirely independent, this would impair effective action. It is therefore necessary to explain how intentions interlock with motor representations. The solution, we argue, is to recognise that the contents of intentions can be partially determined by the contents of motor representations. Understanding this content-determining relation enables better understanding how intentions relate to actions. (shrink)

abstract The so‐called ‘morning‐after pill’ is a drug that prevents pregnancy if taken no later than 72 hours after presumably fertile sexual intercourse. This article argues against a right of conscientious objection for pharmacists with regard to dispensing this drug. Some arguments that might be advanced in support of this right will be considered and rejected. Section 2 argues that from a philosophical point of view, the most relevant question is not whether the morning‐after pill prevents implantation nor is it (...) whether preventing implantation is tantamount to abortion. Section 3 suggests a more general philosophical question as most pertinent, namely whether and to what extent a pharmacist can justifiably be exempted from dispensing the morning‐after pill when to do so would entail participating in something that goes against his or her deepest moral or religious convictions. Section 4 explains why, within liberal institutions, pharmacists should not have the right to conscientious objection to dispensing the morning‐after pill. (shrink)