In _"I that is We, We that is I"_ leading scholars analyze the many facets of Hegel’s formula for the intersubjective structure of human life and explores its relevance for debates on social ontology, recognition, action theory, constructivism, and naturalism.

The political legacy of classical German philosophy can contribute in a crucial way to the most recent developments of contemporary political thought, thereby also making sense of the contradictions underlying the social practices and institutional values of our societies. What justifies this perspective is, in the first place, the complexity of contemporaneity, which holds within itself a doubleness that can be understood in the light of the conceptual tools of classical German philosophy. On the one hand, contemporary societies seem to (...) be facing relentless crises in the modern idea of democracy, the political subject of the nation-state, and capitalist economic structures. On the other hand, there is an ever-increasing demand for rights and new forms of recognition, not to mention the emergence of grassroots movements that strive for greater political participation and generate new collective subjectivities. By radically questioning traditional philosophical categories, Kant, Fichte and Hegel provide a new and insightful understanding of the crucial challenges of modernity. They outline a conception of practical rationality and its multiple manifestations that is irreplaceable for philosophically understanding our contemporary world. (shrink)

The printed images in the frontispiece of modern philosophical books were not simply meant as decorations, but offered in remarkable cases a pictorial synthesis of the ideas expounded in the book. This is true not only of Bacon’s Instauratio magna, on the background of an explicit theoretical reflection on the use of fables and metaphors in the exposition of scientific truth, but also of Hobbes’ Leviathan, notwithstanding Hobbes’ own criticism of metaphorical language. One third impressive example is the “dipintura” of (...) Vico’s La Scienza Nuova, which is the object of a lengthy hermeneutical analysis by the author himself. The paper argues that the prominent importance of the image in these modern classics reflects the search for a more immediate connection between words and things, whose actuality is still debated in XXthcentury philosophy. (shrink)

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.

In this paper we compare the strategies applied by two successful biological components of the ecosystem, the viruses and the human beings, to interact with the environment. Viruses have had and still exert deep and vast actions on the ecosystem especially at the genome level of most of its biotic components. We discuss on the importance of the human being as contraptions maker in particular of robots, hence of machines capable of automatically carrying out complex series of actions. Beside the (...) relevance of designing and assembling these contraptions, it is of basic importance the goal for which they are assembled and future scenarios of their possible impact on the ecosystem. We can’t procrastinate the development and implementation of a highly inspired and stringent “ethical code” for human beings and humanoid robots because it will be a crucial aspect for the wellbeing of the mankind and of the entire ecosystem. (shrink)

The article deals with some implications of radical uncertainty for participatory democracy, and more precisely for Participatory Technology Assessment. Two main forms of PTA are discussed. One is aimed at involving lay citizens and highlighting public opinion. The other is addressed to stakeholder groups and organisations, not only in terms of interest mediation but also of inclusion of their insight into a problem. Radical uncertainty makes 'intractable' many environmental and technological issues and brings into question traditional and new approaches to (...) policymaking. Its consequences are explored from the viewpoint of new science, deliberative democracy, and network governance. Radical uncertainty calls for a rethinking of the aims of public deliberation, and a reinterpretation of the divide between opinion- and position-oriented PTA. To look for a public opinion, understood as a shared principled view, can prove misleading, as can thinking of stakeholder participatory arrangements in the usual way. When facts and values overlap, and are deeply controversial, the only opportunity for mutual understanding may be to look for practical, 'local' answers, based on different positional insights. Moreover, radical uncertainty also affects interest determination and pursuit, and may enhance the opportunity of joint, inclusive, non-strategic issue definition and solution-devising. This vision of public deliberation is consistent with the idea of network governance. However, fragmentation can affect the effectiveness and legitimacy of participatory policies. Trying to handle fragmentation from the top, as many suggest, is unlikely to be successful. A more promising endeavour is to foster deliberative settings which, although positioned at the level of 'local' and often contingent networks and commonalities, are open to include 'Otherness' – other contexts, other problem definitions, other concerns. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...) whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

Among the various experiments in ‘new governance’, the model of Responsible Research and Innovation is emerging in the European landscape as quite promising. Up to now, there have been two versions of RRI: a socio-empirical version which tends to underline the role of democratic processes aimed at identifying values on which governance needs to be anchored and a normative version which stresses the role of EU goals as ‘normative anchor points’ of both governance strategies and policy making. Both versions are (...) unsatisfactory. The first since it suggests movable anchorage which could clash with prefixed values, such as individual rights. The second since it does not safeguard fundamental rights in the process of balancing ‘anchor points’. This result is counterintuitive because it exposes governance to the risk of facing adverse court decisions in the defense of individual rights, thus losing its anticipative attitude. In order to avoid this outcome, the paper argues that it is only through better integration between the system of human rights and that of EU fundamental rights that the anticipative feature of RRI can be preserved. (shrink)

Expectations play a central role in understanding scientific and technological changes. Future-oriented representations are also central with regard to nanotechnologies as they can guide policy activities, provide structures and legitimation, attract different interests, focus policy-makers’ attention and foster investments for research. However, the emphasis on future scenarios tends to underrate the complexity of the challenges of the present market of nanotechnologies by flattening them under the needs and promises of scientific research. This is particularly apparent if we consider the viewpoint (...) of the regulator who faces two different ranges of problems with regard to the market and research and is expected, simultaneously, to manage two different types of regulatory instruments, pursuing at the same time the same goals. Instead, by favoring only the future scenarios, the regulator runs the risk of abruptly shifting from more flexible and elastic tools to forms of hard legislation, wasting, thus, the resources of the soft-regulation, in particular those of self-regulation. By referring primarily to the European context, human rights, also thanks to their normative structure of principles, can help in strengthening both the legislation needed for regulating the present market and the soft instruments needed for steering research and for fostering the stakeholders’ participation without sacrificing the coherence of the regulatory response. (shrink)

Notwithstanding the EU endorsement, so far Responsible Research and Innovation (RRI) is discussed as regards its definition, its features and its conceptual core: innovation and responsibility. This conceptual indeterminacy is a source of disagreements at the political level, giving rise to a plurality of outcomes and versions upheld within the same model of governance. Following a Charles Taylor’s suggestion, this conceptual opening of the RRI model can be explained by the existence of plural, clashing moral frameworks: discourse ethics, Aristotelian ethics, (...) care ethics, dignitarian ethics, rights-based moralities etc. Given the diffusion in the RRI literature of references to care ethics and its justification of participation and responsibility, I will compare the conceptual premises of this philosophical line with those of ethics of rights, which have been criticised by advocates of care ethics. I will argue that public engagement based on only needs cannot lead to responsible outcomes since it produces however the exclusion of some needs, covered instead by rights. In order for participation to be effective, rights or an alliance between the two perspectives is required. (shrink)

This article aims to provide a semiotic analysis of environmental law and youth protests. More precisely, drawing on speech act theory this article regards both as types of communication and teases out the inherent voice and message, specifically with regard to the interests of future generations. The argument unfolds in three steps. First, the article looks into speaker and speech of environmental law and argues that it speaks, as legislation does, in the first-person plural voice of a ‘we’. Second, the (...) article examines a speech of Greta Thunberg through the lens of Stanley Cavell’s theory of passionate utterances. This interpretation will unlock the political stakes of Thunberg’s speech as she claims standing with those responsible for enacting environmental law. Finally, the consequences of this reading will be analysed by relating message and voice of environmental law. As youth protests question ordinary forms of political representation, new ways of safeguarding the interests of future generations are called upon. (shrink)

Society and contemporary culture unquestionably assign much importance to the search for quality. So can this kind of research include the mind? In his analysis, Luigi Longhin examines the causes of mental illness and psychic-mental suffering, the notions of individuality, social violence, and utopia; and he suggests a collaboration between the neurosciences and psychoanalysis, within a correct epistemological approach. The relationship between epistemology and psychoanalysis is examined. The objectivistic and relativistic shift in contemporary epistemology, and the problem of the (...) responsibility of the techno-scientific system are emphasized. Why such a privileged connection with philosophy? The contribution of philosophy is primarily epistemological. However, both epistemology and psychoanalysis run a risk; whilst epistemology runs the risk of being a knowledge which does not know, psychoanalysts run the risk of pursuing scientific knowledge without knowing its foundations. Hence there is a need for collaboration between the two forms of knowledge: the philosophical-epistemological and the scientific-psychoanalytic. Psychoanalysis works in two directions: on the one hand, it tries to eliminate the negative components of the mind, on the other hand, it tries to develop the trusting and creative parts of the self. (shrink)

Anticipation is one of the main goals of new governance models, such as Responsible Research and Innovation. However, there is not a single mode of anticipation in this model. Two approaches can be addressed within the RRI framework: a socio-empirical one, which tends to underline the role of the democratic processes, aimed at identifying values on which governance needs to be anchored ; and a normative one, which stresses the role of EU goals as ‘normative anchor points’ in governance. These (...) two approaches also address two different models of anticipation: one based on the construction of shared pathways for reflexivity on the purposes of innovation, the other based on the progressive implementation of constitutional goals in risk assessment and management tools. However, both can be deemed partially unsatisfactory from the standpoint of human rights since one puts individual rights in the middle of the ‘values lottery’ where any participatory process ultimately leads; the other can be inadequate since fundamental rights are balanced alongside other goals and thus can be sacrificed, exposing the system to possible adverse court decisions. The normative framework of human rights can help to counterbalance both models aimed at maximising inclusion and those aimed at pursuing constitutional normative principles at the basis of technologically advanced societies, strengthening their dimension of anticipation according to a rights-based perspective. (shrink)