This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer's psychology and seller's drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its (...) main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole. (shrink)

To understand the continuing importance of John Rawls’s work, we need to understand the background, the object and the method of his fifty-year quest as a political thinker. The background to Rawls’s investigation was a (carefully circumscribed) acknowledgement of a certain kind of evaluative pluralism. The object of Rawls’s work was to develop a method of commensuration that would enable us, the free and equal citizens of a democratic society, to identify a common basis for our dealings, in search of (...) mutual benefit, with one another. Finally, the method used by Rawls in his work was broadly, though tacitly rather than explicitly, pragmatist in character, especially in the sense that Rawls was aiming, now explicitly, to develop principles of political association that generate their own support in the attitudes and actions of those whose behavior they are intended to guide. (shrink)

It has frequently been suggested that Rawls’s characteristic method of justification, a method crucially involving the notion of reflective equilibrium, is in some sense relativistic in its implications. No sustained development of this suggestion has been undertaken by those who advance it; likewise, no sustained attempt to refute this suggestion has been made by those who are otherwise sympathetic to Rawls’s account of justification. I here attempt to fill these gaps in the already extensive literature associated with the method of (...) reflective equilibrium. At below, I review claims that Rawls’s method has relativistic implications. I also attempt, for purposes of argument, to buttress these claims by citing remarks of Rawls which could be interpreted as relativistic in character. At below, I consider problems of political reasoning as these arise in societies which are ill- and well-ordered in Rawls’s sense. At below, I consider problems of political reasoning as these arise between the members of two or more well-ordered societies, each of which is regulated by a different conception of justice. I also there adapt Williams’s distinction between notional and real confrontations between incompatible systems of beliefs in order to distinguish two kinds of conflict with respect to fundamental political principles. Finally, I show how a notion of broad reflective equilibrium can be deployed in order to solve those problems of political adjudication which may arise between the members of societies which have distinct conceptions of justice. At this point it should be clear that Rawls’s method of justification is not, in intention at least, relativistic in its implications. (shrink)

One of Thomas Kuhn's profoundest arguments is introduced in the 1970 “Postscript” to The Structure of Scientific Revolutions . Kuhn is discussing the idea of a “disciplinary matrix” as a more adequate articulation of the “paradigm” notion he'd introduced in the first, 1962, edition of his famous work . He notes that one “element” of disciplinary matrices is likely to be common to most or even all such matrices, unlike the other elements which serve to distinguish specific disciplines and sub-disciplines (...) from one another. This is the element which he calls “values”, which, as he notes , being common to a number of otherwise distinct disciplinary matrices, “do much to provide a sense of community to natural scientists as a whole”. On the other hand, they also do much, and crucially in Kuhn's view, to promote and sustain a healthy diversity among the practitioners who share any specific disciplinary matrix. In particular, Kuhn claims that “individual variability in the application of shared values may serve functions essential to science.”. (shrink)

ABSTRACT Ethical thinking about social science research is dominated by a biomedical model whose salient features are the assumption that only potential harms to subjects of research are relevant in the ethical evaluation of that research, and in the emphasis on securing informed consent in order to establish ethical probity. A number of counter‐examples are considered to the assumption, a number of defences against these counter‐examples are examined, and an alternative model is proposed for the ethical evaluation of social science (...) research: a model which can cope with the systemic harms which have been identified. This model is based on John Rawls's idea of original position reasoning and treats social science research as an institutional feature of the basic structure of society. (shrink)

We show that Smullyan's analytic tableaux cannot p-simulate the truth-tables. We identify the cause of this computational breakdown and relate it to an underlying semantic difficulty which is common to the whole tradition originating in Gentzen's sequent calculus, namely the dissonance between cut-free proofs and the Principle of Bivalence. Finally we discuss some ways in which this principle can be built into a tableau-like method without affecting its analytic nature.

In this paper I discuss Kant’s philosophy of grammar in order to argue that: (a) the formal analysis of language implies that there is a structural correspondence between logical and grammatical form; (b) there is a distinction between the sense in which logic is formal and the sense in which grammar is formal; (c) universal grammar descends from the system of categorial functions that are investigated in the transcendental analytic; (d) transcendental grammar implies that the universal form of human language (...) has its ground in the universal structure of thought; (e) the concept of a grammatical norm is clarified once we combine the theory of universal grammar with how linguistic experience takes place. (shrink)

Quale rapporto c'è tra una noticina di appena 30 righe e un'opera filosofica di quasi 500 pagine? A questa domanda, appassionante per chi s'interessa alla genesi delle opere del pensiero, Simone D'Agostino risponde esaminando il rapporto tra il capolavoro blondeliano del 1893, L'Action, e quella che si suole chiamare la "Première notule" del 5 novembre 1882. Il presente lavoro non è uno studio genetico del pensiero blondeliano, bensì una sua interpretazione sistematica da due punti focali e rispecchiantisi l'uno nell'altro. (...) Sotto questo aspetto, la ricerca di D'Agostino può definirsi unica nel suo genere. (shrink)

Someone is “verballed” in the Anglo-Australian idiom if they have attributed to them statements they did not actually make and indeed have explicitly denied. We will examine the evidence that Kuhn and Feyerabend were verballed in this sense by their critics and that the role of the idea of incommensurability in their argumentation has been systematically misunderstood and -represented. In particular, we will see that neither Kuhn nor Feyerabend, despite what their critics often say about them, held that incommensurability of (...) theories implies the rational incomparability of theories. This is especially clear in the case of Feyerabend, whose argument is NOT that theories in a scientific tradition are on occasion incommensurable, but, rather, that, when the relations of theories in a tradition are represented in a particular way, they may on occasion be incommensurable according to that representation and hence incomparable if that representation is taken as providing the mechanisms of comparison. And the point of this claim is not to establish something about science, but, rather, to establish something about the representations of science which yield this result (i.e. that two theories might be incommensurable). Feyerabend in other words invokes incommensurability (according to the standards of a particular representation) as a reductio of that mode of representation. And this argument in fact depends precisely on the comparability of theories which are, according to the representation, incommensurable. Feyerabend’s argument is about the ways in which we should understand progress in science and he is concerned, in particular, to establish that a historically informed approach is superior to an approach which, if applicable, is applicable only to what he calls “abstract traditions”. Kuhn’s work, especially in the Postscript—1969, provides complementary materials, especially in relation to a collectivised and non-“algorithmic” account of theory choice across formally incommensurable paradigms. (shrink)

Kuhn’s “essential tension” between conservative and innovative imperatives in enquiry has an empirical analogue—between the potential benefits of collectivization of enquiry and the social dynamic impediments to effective sharing of information and insights in collective settings. A range of empirical materials from social psychology and organization theory are considered which bear on the issue of balancing these opposing forces and an institution is described in which they are balanced in a way which is appropriate for collective knowledge production.

In this paper we explore a generalization of traditional abduction which can simultaneously perform two different tasks: given an unprovable sequent Γ ⊢ G, find a sentence H such that Γ, H ⊢ G is provable ; given a provable sequent Γ ⊢ G, find a sentence H such that Γ ⊢ H and the proof of Γ, H ⊢ G is simpler than the proof of Γ ⊢ G . We argue that the two tasks should not be distinguished, (...) and present a general procedure for finding suitable hypotheses or lemmas. When the original sequent is provable, the abduced formula can be seen as a cut formula with respect to Gentzen's sequent calculus, so the abduction method is cut-based. Our method is based on the tableau-like system KE and we argue for its advantages over existing abduction methods based on traditional Smullyan-style Tableaux. (shrink)

In this article, I focus on Johann Nikolaus Tetens’s linguistic theory to make three arguments: (a) this linguistic theory endorses a phonological (contra phonetic) approach to the acoustic sphere of language; (b) the phonological approach is based on the idea that sounds can turn into phonemes (of a properly human language) only when a minimally rational reflection on them is made; and (c) the phonological approach allows us to understand the phoneme as a differential unity, as being composed of structure (...) and function, and as giving a theoretical basis for language learning. (shrink)

Normal science involves persistent collective application of an agreed research agenda. Anomaly can threaten normal science, but so too can “undue persistence” in that agenda by a normal science peer group. We consider how “undue persistence” might be a collective effect of the common incentive structure that individual members of the peer group typically face in relation to their careers. To understand how “undue persistence” might be ameliorated, we consider the affordances of a peer’s membership of a departmental collegium, organized (...) on a different basis than the specialist peer group and hence able to supply the individual scholar with kinds of information and critical comment that may occasion off-agenda contributions to the specialty. The idea of brokerage is borrowed from the sociology of innovation to see how a scholar’s departmental colleagues might be able to broker new ways of thinking that can assist in the avoidance of “undue persistence”. (shrink)

It has frequently been suggested that Rawls’s characteristic method of justification, a method crucially involving the notion of reflective equilibrium, is in some sense relativistic in its implications. No sustained development of this suggestion has been undertaken by those who advance it; likewise, no sustained attempt to refute this suggestion has been made by those who are otherwise sympathetic to Rawls’s account of justification. I here attempt to fill these gaps in the already extensive literature associated with the method of (...) reflective equilibrium. At below, I review claims that Rawls’s method has relativistic implications. I also attempt, for purposes of argument, to buttress these claims by citing remarks of Rawls which could be interpreted as relativistic in character. At below, I consider problems of political reasoning as these arise in societies which are ill- and well-ordered in Rawls’s sense. At below, I consider problems of political reasoning as these arise between the members of two or more well-ordered societies, each of which is regulated by a different conception of justice. I also there adapt Williams’s distinction between notional and real confrontations between incompatible systems of beliefs in order to distinguish two kinds of conflict with respect to fundamental political principles. Finally, I show how a notion of broad reflective equilibrium can be deployed in order to solve those problems of political adjudication which may arise between the members of societies which have distinct conceptions of justice. At this point it should be clear that Rawls’s method of justification is not, in intention at least, relativistic in its implications. (shrink)

The young French philosopher, Maurice Blondel, was fascinated by the vinculum substantiale hypothesis proposed by the late Leibniz in his correspondence with Bartolomeo Des Bosses, a Jesuit from Collegio Romano. What did young Blondel see in this intricate hypothesis? An answer to the question can be found by making a thorough critical analysis of two manuscripts of Blondel: «Première notule» and «Nota complementare». The focal point of these texts is the substantiality of the concrete individual. Blondel compares this with some (...) passages from Aristotle's book Lambda in Metaphysics in his search for the «first substance» in its real and ontological sense. In fact, had Blondel known the twentieth century studies of book Zeta Metaphysics he could have found what he was seeking. (shrink)

In his renowned collection Philosophy as a Way of Life, Pierre Hadot suggests that the original trait of philosophy as a method by which one exercises themselves to achieve a new way of living and seeing the world fails with the rise of modernity. In that time, philosophy increasingly takes on a merely theoretical aspect, tending toward a system. However, Hadot himself glimpses at the dawn of modernity some instances of the original trait of philosophy still very much present, and (...) in his wake, Michel Foucault warns that between the late 16th and early 17th centuries the philosophical question of the reform of the mind attests to a still very close link between asceticism and truth. This book aims to develop just such an idea by thoroughly analyzing the most representative works of the reform of the mind in the early modern period: Francis Bacon's New Organon (1620), René Descartes' Discourse on the Method (1637), and Baruch Spinoza's Treatise on the Emendation of the Intellect (1677). From this analysis it will emerge that these modern works fully deserve to be counted among the tradition of philosophy as way of life. On closer inspection, the inquiries about method elaborated in these works are fully understandable only when read in the light of a broader and more complex philosophical need: to establish the spiritual conditions for accessing truth and aspiring to full self-realization. (shrink)

In this paper I focus on Lask’s theory of the form of judgement, in order to argue that: (i) Lask’s definition of form is referentialist, meaning that it involves a necessary reference to the relevant matter; (ii) the surface structure of judgement, which is described by grammar, does not necessarily identify with its deep structure, which is described by metagrammar; (iii) only metagrammar allows us to explain the representationality of judgement; (iv) the previous points agree with an extensionalist definition of (...) judgemental representation. (shrink)

The relationship between dream content and waking life experiences remains difficult to decipher. However, some neurobiological findings suggest that dreaming can, at least in part, be considered epiphenomenal to ongoing memory consolidation processes in sleep. Both abnormalities in sleep architecture and impairment in memory consolidation mechanisms are thought to be involved in the development of psychosis. The objective of this study was to assess the continuity between delusional contents and dreams in acutely psychotic patients. Ten patients with a single fixed (...) and recurring delusional content were asked to report their dreams during an acute psychotic break. Sixteen judges with four different levels of acquaintance to the specific content of the patients’ delusions were asked to group the dreams, expecting that fragments of the delusional thought would guide the task. A mathematical index was developed in order to compare correct groupings between the four groups of judges. Most judges grouped the dreams slightly above chance level and no relevant differences could be found between the four groups [F = 1.297; p = n.s.]. Scoring of dreams for specific delusional themes suggested a continuity in terms of dream and waking mentation for two contents . These findings seem to suggest that at least some delusional contents recur within patients’ dreams. Future studies will need to determine whether such continuity reflects ongoing consolidation processes that are relevant to current theories of delusion formation and stabilization. (shrink)

Philosophy of Social Science, that social scientific investigations do not and cannot meet the liberal requirement of "neutrality" most familiar to social scientists in the form of Max Weber's requirement of value-freedom. He argues, moreover, that this is for "institutional," not idiosyncratic, reasons: methodological demands (e.g., of validity) impel social scientists to pass along into their "objective" investigations the values of the people, groups, and cultures they are studying. In this paper, I consider the implications of Root's claims for the (...) use of social scientific results in the formation of policy in a democratic society. In particular, I argue that Root's results amplify familiar "post-modernist" conclusions: there is no "neutral" and "objective" basis for policy-making. (shrink)

This work provides a rigorous analysis of what Tuomela calls ‘the we-perspective’. Tuomela's overarching project is to argue that ‘conceptualizing social life and theorizing about it requires the use of group concepts, indeed the we-perspective and, especially, the we-mode.’ Already some of the complexities of Tuomela's approach will be evident – viz. in the distinction, implied in the above quotation and carried through systematically throughout the work, between the ‘we-perspective’ and the ‘we-mode’. For, indeed, it is possible, on his account, (...) to take up the we-perspective from the I-mode and, indeed, this is probably quite common, but is not adequate to ground the analysis of social and institutional concepts. As Tuomela puts it , ‘The concept of social institution is a we-mode concept, and in actual practice, at least some we-mode thinking and acting is required for institutions to function adequately.’ Since ‘we-mode’ is the more central notion, let us begin with that. It will be instructive to quote Tuomela at length : " Agent A, a member of group g, has ATT, the attitude ATT with content p, in … ". (shrink)

Michael Root argues, in Philosophy of Social Science, that social scientific investigations do not and cannot meet the liberal requirement of "neutrality" most familiar to social scientists in the form of Max Weber's requirement of value-freedom. He argues, moreover, that this is for "institutional," not idiosyncratic, reasons: methodological demands (e.g., of validity) impel social scientists to pass along into their "objective" investigations the values of the people, groups, and cultures they are studying. In this paper, I consider the implications of (...) Root's claims for the use of social scientific results in the formation of policy in a democratic society. In particular, I argue that Root's results amplify familiar "post-modernist" conclusions: there is no "neutral" and "objective" basis for policy-making. (shrink)

En el presente artículo nos proponemos realizar una comparación de la posición de D’Agostino con la de otro de los representantes del convencionalismo: William Morgan. A D’Agostino nos referiremos en el primer apartado y a Morgan en el segundo. Nos preguntaremos si Morgan, además de inscribir sus tesis dentro del convencionalismo, participa al mismo tiempo de la concepción internalista del deporte. Aunque uno y otro autor son convencionalistas, existen matices muy distintos entre sus posiciones que caben ser resaltadas, a fin (...) de clarificar su proximidad con otras teorías filosófico-deportivas. In this paper we propose a comparison of the position of D’Agostino with other rpresentatives of convention: Wilüam Morgan. We refer to D’Agostino’s position in the first section and in the second section to Morgan ’s. We ask whether Morgan, moreover of register his thesis within the Conventionalism, participaos also of the internaüst conception of sport. Although both authors are conventionalists, there are many different shades that fit between their positions be highüghted, in order to clarify its proximity to other phihsophical theories of port. (shrink)