This paper describes intellectual property legislation in the European Union, the US and the Draft Treaty on the legal protection of unoriginal databases, usually available in the Internet. I argue that this type of legislation, if enforced upon developing countries and countries in transition through international ‘agreements’, could in effect deprive them of their own information commons, their own public domain. With examples from China, India, Africa and Iceland, I argue that this deprivation in the case of developing countries is, (...) morally, equal to a virtual war against them by the West, wholly unjustified and dangerous-an example of virtual imperialism. (shrink)

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)

In this paper, I argue that the debate on Composition as Identity—the thesis that any composite object is identical to its parts—is deadlocked because both the defenders and the detractors of the claim have so far failed to take its philosophical core at face value and have, as a result, defended and criticized respectively something that is not Composition as Identity. After establishing how Composition as Identity should properly be understood and proposing for it a new interpretation centered around the (...) novel notion of metaphysical information, I set forth a strategy to defend it that crucially rests on the indefinite extensibility of the domain of quantification. I eventually suggest that “Composition as Analysis” is a name that better reflects the content and theoretical proposal of the thesis that Composition as Identity is supposed to be. (shrink)

lNTRODUCTlON ln itself the world is neither governed by a principle of order, irremediably abandoned to disorder, structured with iron determinism, ...

The present article reviews the state of public debate and legal provisions concerning end‐of‐life decision‐making in Italy and offers an evaluation of the moral and legal issues involved. The article further examines the content of a recent law concerning informed consent and advance treatment directives, the main court pronouncements that formed the basis for the law, and developments in the public debate and important jurisprudential acts subsequent to its approval. The moral and legal grounds for a positive evaluation of this (...) law, which attests that the patient may withhold or withdraw from life‐prolonging treatment, will be offered with reference to liberal approaches and particularly to the frameworks of care and virtue ethics; but reasons will also be offered in order to consider not only the latter but also broader range of end‐of‐life treatment decisions as morally apt options. In this light, we argue in favour of a further development of the Italian legislation to encompass forms of assisted suicide and active euthanasia. (shrink)

This article sheds light on John Rawls’s views on John Dewey’s philosophical temperament by investigating unpublished papers and lectures that Rawls wrote and delivered across the late 1940s, the 1950s, the 1960s, and the early 1970s. Moreover, the article shows that Rawls’s rejection of Kant’s dualisms predates by at least three decades the “Dewey Lectures” (1980) and that Dewey’s notion of deliberation as “dramatic rehearsal in imagination” might have had an impact on Rawls’s development of the notion of “reflective equilibrium” (...) as a state of affairs that we strive to reach in ethical reflection. (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)

We propose a formal framework to examine the relationship between models and observations. To make our analysis precise,models are reduced to first-order theories that represent both terminological knowledge – e.g., the laws that are supposed to regulate the domain under analysis and that allow for explanations, predictions, and simulations – and assertional knowledge – e.g., information about specific entities in the domain of interest. Observations are introduced into the domain of quantification of a distinct first-order theory that describes their nature (...) and their organization and takes track of the way they are experimentally acquired or intentionally elaborated. A model mainly represents the theoretical knowledge or hypotheses on a domain, while the theory of observations mainly represents the empirical knowledge and the given experimental practices. We propose a precise identity criterion for observations and we explore different links between models and observations by assuming a degree of independence between them. By exploiting some techniques developed in the field of social choice theory and judgment aggregation, we sketch some strategies to solve inconsistencies between a given set of observations and the assumed theoretical hypotheses. The solutions of these inconsistencies can impact both the observations – e.g., the theoretical knowledge and the analysis of the way observations are collected or produced may highlight some unreliable sources – and the models – e.g. empirical evidences may invalidate some theoretical laws. (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)

For the first time in print, this article reports passages from John Rawls’s graduate papers and annotations on books and manuscripts from his personal library. The analysis of this material shows the historical inaccuracy of the widespread assumption that Rawls’s philosophy owes very little to American pragmatism. Peirce’s notion of truth, as well as the holistic critique of pragmatism thatMortonWhite began in the late 1940s, prove significant at the very beginning of Rawls’s philosophical enterprise. In the light of this material, (...) it might be argued that Rawls’s elaboration of ‘reflective equilibrium’ started at least in part as an attempt to overcome the pending problems of pragmatism. (shrink)

Detecting sensitive information considering privacy is a relevant issue on Online Social Networks (OSNs). It is often difficult for users to manage the privacy associated with their posts on social networks taking into account all the possible consequences. The aim of this work is to provide information about the sensitivity of the content of a publication when a user is going to share it in OSN. For this purpose, we developed a privacy-assistant agent that detects sensitive information. Based on this (...) information, the agent provides a message through a nudge mechanism warning about the possible risks of sharing the message. To avoid being annoying, the agent also considers the user’s previous behaviour (e.g. if he previously ignored certain nudges) and adapts the messages it sends to give more relevance to those categories that are more important to the user from the point of view of the privacy risk. This agent was integrated into the social network Pesedia. We analysed the performance of different models to detect a set of sensitive categories (i.e. location, medical, drug/alcohol, emotion, personal attacks, stereotyping, family and association details, personal details and personally identifiable information) in a dataset of tweets in Spanish. The model that obtained the best results (i.e. F1 and accuracy) and that was finally integrated into the privacy-assistant agent was transformer-based. (shrink)

The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. Part One (...) will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost impossible to resolve the issue of the fair/private use's legal nature, if one has not previously resolved copyright's legal nature. Legal resolution of such conflicts, as we shall demonstrate, follows different rules, and the messages sent to users and authors vary greatly depending on the jurisdiction. Part Two will examine the issue of Private Use as Fair Use by Design. We will look at the impact of Digital Rights Management on fair use and explore if the nature of private use as fair use has changed because we are dealing with the protection of digital content. We will show that protecting digital works by code, via various digital rights management schemes is shrinking the public domain of information and restricting private use as fair use. (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)

Daniele Botti argues that John Rawls’s philosophy is importantly connected with classical American pragmatism and that Rawls’s intellectual trajectory did not take a “pragmatic turn” in the 1980s but possibly an “un-pragmatic” one. Both claims go against conventional wisdom, and Botti corroborates them with archival research.

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)

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)