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)

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...

Ungureanu, Camil and Monti, Paolo Contemporary Political Philosophy and Religion: between Public Reason and PluralismNew York: Routledge, 349 p.ISBN 9780415552196.

The rise of the idea of the Anthropocene is promoting multiple reflections on its meaning. As we consider entering this new geological epoch, we realize the pervasiveness of humankind’s deconstruction and reconstruction of the Earth, in both geophysical and discursive terms. As the body of the Earth is marked and reshaped, so is its idea. From a hostile territory to be subjugated and exploited through sovereign commands, the Earth is now reframed as a vulnerable domain in need of protection. The (...) mode of sovereignty, which has accompanied human and legal history and practice during modernity and its project of mastery, is no longer useful. Humanity’s control of the Earth is being reimagined and reconfigured along biopolitical coordinates of thought and action. Biopolitics shifts the focus of power, changes its modalities of interventions, and rearticulates its legitimacy on the idea of taking responsibility for the Earth, for nature. A biopolitical re-orientation of law captures the fundamental aim of caring for nature, of fostering its vital possibilities and of enhancing its productive potential. Yet, biopolitics engulfs nature in its entirety under its framework of control, where protection and subjugation, vulnerability and productivity, life and death are constantly entangled in a reciprocal and inevitable relation of indistinguishability. Sovereignty becomes thus a key modality of biopolitical intervention, when nature is recalcitrant, wild, spontaneous, unpredictable, violent, dangerous. Biopolitics, thus, remains caught in an undecidable dilemma, where in order to protect the Earth, it must subjugate it; to save it, it must condemn it. In this respect, biopolitics remains utterly modern, or as argued by Roberto Esposito, modernity has always been biopolitical, insofar as modernity has emerged as a framework for the protection of life against life’s own excesses. But how can we escape the biopolitical reframing and enframing of the Earth and its total subsumption under its matrix of control? How can we rethink the encounter between law and nature without remaining entangled in the aporetic dilemma of biopolitics? An aesthetics of wonder may offer a way. (shrink)

The causes of disease and stress affecting immigrants have been studied, in Apulia, by monitoring schedules directed to working people, in order to estimate the index of social-anthropological stress (A. De Lucia and Nuzzi 1999).The present research wants to evaluate the state of illness concerning the children of the immigrants.Thanks to the doctors working in the hospital structures in Ban, we have obtained some data relative to the years 1991–2000. However, they are completely anonymous and without any identifying element.Later-on (...) the same data have been employed, still in an anonymous form, only with a statistical purpose.The high number of people affected by genital-urinary and respiratory pathologies of infectious nature and the large number of people suffering from malnutrition, suggests conditions of great poverty and deprivations which were already present in their native countries, and have been made worse by the difficulties of the travel and the precarious accommodation in Italy.Obviously to be considered a truly civilized country we must be able to offer good living conditions to the non-productive part of the population, either autochthonal or immigrant. (shrink)

In order to evidence how and how much the local community influences the integration and socio-economical habits of female immigrants, we interviewed a sample of Albanian women who came to Italy during the immigration fluxes occurred between March and August 1991.Beside the routine anagraphical information, we tried to evaluate the reason of choice and the degree of integration with the local population and the family traumas that this immigration caused.

ABSTRACTWhile Spinoza stipulates an ideal moral person in the propositions on the ‘free man’ in Ethics IV, this account does not seem to be intended to function as a pedagogical tool of political relevance. Hence, it does not seem to correspond to the purpose of moral exemplarism. If we look for that kind of practical guidance, Spinoza’s political works seem more relevant. Interestingly, when we approach Spinoza’s political theory with moral exemplarism in mind, we find that instead of constructing his (...) exemplar on the idea of a supremely moral person, he emphasizes the concept of ingenium to chisel out an imperfect model of human behavior. We argue that the purpose of this is to avoid a utopian and inefficient political theory and to work out a moral practice that is capable of assisting people and communities in ethical self-transformation. (shrink)

This text deals with a problem concerning processes of the productive power of knowledge. We draw on so called poststructural theories challenging the classical image of thought – as hinged upon a representational logic identifying entities in a rigid sense – when formulating a problem concerning the gap between knowledge and the object of knowledge. More specifically we are looking at this problem in the contexts of sustainable development and childhood using illustrating examples in order to test the validity of (...) these theoretical accounts. The examples we use range from internationally agreed documents claiming universality concerning environmental protection and childhood to national curricula for the pre-school to a Swedish governmentally produced and distributed TV-series called Needle and Stick save the world, addressing the issue of sustainable development. In short, we wish to problematise the rigid positions of the child and the human being in relation to nature. (shrink)

Le discours international actuel sur l’écologie s’est mué en un mouvement qui s’identifie avec le discours de la vérité scientifique. L’exemple de Greta Thunberg et de ses appels à l’action illustre dans quelle mesure l’identité actuelle du mouvement enveloppe un paradoxe qui lui est inhérent. D’une part, elle s’appuie sur la nature auto-explicative et claire des idées vraies. D’autre part, pour propager ces idées, elle fait résider son pouvoir rhétorique dans l’impact émotionnel. L’approche par Spinoza de la relation entre raison (...) et foi, telle qu’elle apparaît quand on juxtapose les passages pertinents de l’ Éthique et ceux du Traité théologico-politique qui décrivent la prophétie, constitue un cadre théorique susceptible de rendre compte de ce paradoxe inhérent à l’écologie moderne. (shrink)

The purpose of legal theory seems to be a perpetually debated issue among legal scholars. Koskenniemi argues that the history of international legal theory is conditioned by a dialectical movement between a position justifying any given positive law based on the power of states, and a position arguing for a theory of the state where laws are justified only in accordance with certain substantial conditions. According to Lauterpacht there is very little support in Spinoza's political philosophy for a “separate and (...) independent theory of international law”. The chapter aims to contextualize the passages pointed to by Lauterpacht in order to investigate whether such an endeavor may produce an understanding of Spinoza's political philosophy that makes it apt to function as a basis for a practical theory of international law. Lauterpacht's critique of Spinoza's statements on international law hinges on the argument that they deviate from his general explanation of the mechanisms of law‐making. (shrink)

_Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments_ is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection is comprised of eleven contributions approaching re-embodiments from a multiplicity of fields, including (...) legal theory, eco-philosophy, eco-feminism and anthropology. The contributions are organized in three parts, ‘Beyond Modernity, ‘The Sacred Dimension’ and ‘The Legal Dimension’. The collection is opened by a comprehensive introduction that situates re-embodiments in theoretical context. Whilst closely bound with embodiment and new materialist theory, this book_ _contributes a unique voice that echoes diverse political processes contemporaneous to our times. Written in an elegant and accessible language, the book will appeal to undergraduates, postgraduates and established scholars alike seeking to understand and take re-embodiments further, both politically and theoretically. (shrink)

ArgumentEusapia Palladino (1854-1918) is remembered as one of the most famous mediums in the history of spiritualism. Renowned scientists attended her séances in Europe and in the United States. They often had to admit to being unable to understand the origin of the phenomena produced. Cesare Lombroso, for example, after meeting Eusapia, was converted first to mediumism, then spiritualism. This article will retrace the early stages of her career as a medium and shed light on the way she managed to (...) gain the attention of scientists. It will also show why they chose her as an epistemic object. (shrink)

. The subject of this paper is Georg Ernst Stahl's reflections on epilepsy. In the German physician's work, the concept of disease is stratified: it is the morbid idea which causes dysfunctions in the animal economy, as well as irregular motion, overabundance and ultimately an alteration of the corporeal humours. In particular, epilepsy is an affection deriving from an altered functioning of the bodily motions, caused by abnormal blood flow, intestinal worms, anatomical defects, foreign bodies, and the passions of the (...) soul. While a certain medical tradition attributed a nervous origin to epilepsy, Stahl, giving it a humoural genesis, openly shows the theoretical premises on which his physiology rests. So, Stahlian physiology appears to be a non-mechanistic, teleological-inspired, hydraulicism. (shrink)

Tourism is capable of distributing wealth and participating substantially in the economic development of many countries. However, to ensure these benefits, the planning, management, and monitoring of a sustainable offer become crucial. Despite the increasingly widespread attention to sustainability in this sector, however, the concept of sustainable tourism still appears fragmented and fuzzy. The theoretical frameworks used in many studies often reduce sustainability to its environmental or social aspects and consider such pillars as separate issues. Furthermore, although most studies acknowledge (...) that a potentially wide number of stakeholders play a role in sustainable tourism production, they have so far focused on host communities, tourism producers, or tourists themselves independently. Fewer explorations have addressed simultaneously different stakeholders, their perceptions of sustainable tourism experience, and the various concerns and tensions that may arise. This study aims to investigate sustainability issues in tourism by considering the voices of two relevant stakeholders involved in “co-producing” the tourism experience: tourists and tour operators. Based on a qualitative study conducted in Italy, the article critically discusses how travelers and tour operators craft the sustainability idea, the implicit assumptions that rely on their different perspectives, and their practical implications. The results highlight four different narratives on sustainable tourism, which are related to different assumptions on sustainability and actions legitimated to generate sustainable value. Finally, the article offers insights into how to develop a more holistic and critical approach to sustainable tourism through education and communication. (shrink)

In this article I will argue that the philosophy of Benedict Spinoza may assist us in coming to terms with some of the conceptual challenges that the phenomenon of Artificial Intelligence poses on law and legal thought. I will pursue this argument in three steps. First, I will suggest that Spinoza’s philosophy of the mind and knowledge may function as an analytical tool for making sense of the prevailing conception of AI within the legal discourse on Lethal Autonomous Weapons Systems. (...) Then, I will continue the argument with the aid of Spinoza’s political philosophy which partly complicates the picture as it seems to disqualify a normative process grounded directly upon the means stipulated for achieving a robust understanding of AI. Based on these two separate discussions I will conclude by outlining a composite critique – from the twofolded perspective of Spinoza’s ethical and political discussions – of the ongoing negotiations of a new Conventional Weapons Convention protocol on LAWS. (shrink)

This study analyzes shells of marine gastropods of a zoological museum and the Latin epithets expressing perceptual and connotative attributes that they have received in the standard, Linnaean nomenclature. Making use of the Osgood semantic differential, we presented the subjects with digital 3-D reproductions of the shell specimens to be subjectively evaluated according to 17 pairs of attributes. The results show that, overall, the subjective evaluations given by the subjects are consistent, which suggests that an intersubjective characterization of the shells (...) as wholes according to their qualitative and morphological traits is possible and scientifically explicable. This may apply to other biological items as well. The results also show that the epithets given to the shells by taxonomists do not always reflect the perceptual evaluation of the general population, being a product of the well-known ambiguity in taxonomic categorization and naming. (shrink)

An important shift is taking place in social cognition research, away from a focus on the individual mind and toward embodied and participatory aspects of social understanding. Empirical results already imply that social cognition is not reducible to the workings of individual cognitive mechanisms. To galvanize this interactive turn, we provide an operational definition of social interaction and distinguish the different explanatory roles – contextual, enabling and constitutive – it can play in social cognition. We show that interactive processes are (...) more than a context for social cognition: they can complement and even replace individual mechanisms. This new explanatory power of social interaction can push the field forward by expanding the possibilities of scientific explanation beyond the individual. (shrink)

El estudio estuvo destinado a determinar la necesidad de formación profesional sindical del representante de los trabajadores en la negociación colectiva. Los resultados principales son los siguientes: la diferencia entre la formación profesional y sindical esta en que la formación sindical es importante debido a que permite dotar a los cuadros sindicales de información general sobre el rol de los sindicatos y su papel en la negociación colectiva, por otro lado la formación profesional es importante ya que es una herramienta (...) que permite mejorar la calidad del empleo, entre otros, se determino que la formación profesional sindical del representante de los trabajadores, influye en su desempeño como negociador en una negociación colectiva. (shrink)

Colonial ascidians offer opportunities to investigate how developmental events are integrated to generate the animal form, since they can develop similar individuals (oozooids from eggs, blastozooids from pluripotent somatic cells) through very different reproductive processes, i.e. embryogenesis and blastogenesis. Moreover, thanks to their key phylogenetic position, they can help in the understanding of the molecular mechanisms of morphogenesis and their evolution in chordates. We review organogenesis of the ascidian neural complex comparing embryos and buds in terms of topology, developmental mechanisms (...) and terminology. We propose a new interpretation of bud territories, and reconsider nervous system development based on recent results suggesting that ascidians have vertebrate placodal and neural‐crest‐like cells. Comparing embryonic and blastogenic development in Botryllus schlosseri, we propose that the bud has territories with a placodal potentiality, suggesting that chordate ancestors possessed neurogenic placodes, and that the genetic pathways regulating neurogenic placode formation were co‐opted for new developmental processes, such as blastogenesis. BioEssays 28: 902–912, 2006. © 2006 Wiley periodicals, Inc. (shrink)

As yet, there is no enactive account of social cognition. This paper extends the enactive concept of sense-making into the social domain. It takes as its departure point the process of interaction between individuals in a social encounter. It is a well-established finding that individuals can and generally do coordinate their movements and utterances in such situations. We argue that the interaction process can take on a form of autonomy. This allows us to reframe the problem of social cognition as (...) that of how meaning is generated and transformed in the interplay between the unfolding interaction process and the individuals engaged in it. The notion of sense-making in this realm becomes participatory sense-making. The onus of social understanding thus moves away from strictly the individual only. (shrink)

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)

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...

The SRL vs. ERL theory has shown that the combination of levels of student self-regulation and regulation from the teaching context produces linear effects on achievement emotions and coping strategies. However, a similar effect on stress factors and symptoms of university students has not yet been demonstrated. The aim of this study was to test this prediction. It was hypothesized that the level of student self-regulation (low/medium/high), in interaction with the level of external regulation from teaching (low/medium/high), would also produce (...) a linear effect on stress factors and symptoms of university students. A total of 527 undergraduate students completed validated questionnaires about self-regulation, regulatory teaching, stress factors and symptoms. Using an ex post facto design by selection, ANOVAs and MANOVAs (3 x 3; 5 x 1; 5 x 2) were carried out. The results confirmed that the level of self-regulation and the level of regulatory teaching jointly determined the level of stress factors and symptoms of university students. Once again, a five-level heuristic of possible combinations was configured to jointly determined university students’ level of academic stress. We concluded that the combination of different levels of student regulation levels and regulation from teaching process jointly determines university students’ level of academic stress. The implications for university students’ emotional health, stress prevention and well-being are established. (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)

O texto apresenta um mapeamento exploratório inicial da realidade do ensino de filosofia no ensino fundamental e médio na rede de ensino público e privado de Teresina/PI, realizado no ano de 2000, objetivando disponibilizar dados para a organização dessa área de saber como o campo de atuação dos profissionais de filosofia e servir de subsídios à projeção das atividades da universidade na formação desses profissionais e na formulação de políticas de atuação do Departamento de Filosofia/UFPI junto ao ensino básico. O (...) resultado da pesquisa se apresenta na forma de diagnóstico exploratório de natureza quantitativa, especificando aspectos capazes de configurar a realidade da prática pedagógica do ensino de filosofia, tais como: a presença da disciplina no currículo escolar, a carga-horária conferida ao trabalho didático-pedagógico de filosofia, a formação acadêmica dos professores e professoras que ministram a disciplina, os conteúdos programáticos que predominam nos programas da disciplina, a bibliografia básica utilizada como apoio ao trabalho docente, a metodologia deste ensino e a recepção da disciplina entre os estudantes. (shrink)