Traduzione di Ausgleichung eines auf Mißverstand beruhenden matematischen Streit. Il testo fu pubblicato per la prima volta nel 1796 in "Berlinische Monatsschrift", 2, pp. 368-370.

Culture, narrative and law -- The narrative turn in the legal field -- Fact construction : contexts, roles and methods -- Rediscovering the role of the client -- The lawyer as translator -- The judge as a creative decision maker -- Laypeople in action I : natives' stories -- Laypeople in action II : foreigners' stories -- Collaborative lawyering with vulnerable clients : asylum seekers' stories.

Recent decades have witnessed a growing number of states around the world relying on border control measures, such as immigration detention, to govern human mobility and control the movements of those classified as “unauthorised non-citizens.” In response to this, an increasing number of scholars from several disciplines, including psychologists, have begun to examine this phenomenon. In spite of the widespread concerns raised, few studies have been conducted inside immigration detention sites, primarily due to difficulties in gaining access. This body of (...) research becomes even scanter when it comes to the experiences of detained women. This study is the first of its kind to have surveyed 93 women confined in an Italian immigration detention facility. A partial mediation model with latent variables was tested through partial least structural equation modelling (PLS-SEM). The findings revealed the negative impact that unfair immigration procedures have on detained women’s human dignity, which in turn negatively affects their self-rated physical and mental health. Overall, our study sheds light on the dehumanisation and damage to human dignity that immigration detention entails, as well as its negative impact on the health of those affected. This evidence reinforces the image of these institutions as sites of persistent injustice, while stressing the need to envision alternative justice-oriented forms to address human mobility. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Seeking Nature’s Logic: Natural Philosophy in the Scottish EnvironmentFrancesca di PoppaDavid B. Wilson. Seeking Nature’s Logic: Natural Philosophy in the Scottish Environment. University Park, PA: The Pennsylvania State University Press, 2009. Pp. xvi + 344. Cloth, $55.00.This book promises to tell “the untold story of the principal historical path from Isaac Newton to Albert Einstein” (xii). It is an ambitious promise. In explaining the influence of Reid’s philosophy (...) on how Scottish scientists addressed phenomena such as light, heat, electricity, etc., Wilson addresses the exquisitely “Scottish” flavor of the contributions of Joseph Black, John Anderson, John Robinson, Dugald Stewart, Joseph Boscovitch, and several others. While the alleged goal is projected toward late nineteenth- and early twentieth-century discoveries, the discussion never loses sight of its historical context, by stressing the importance of theological consideration in scientific arguments (e.g. Robinson’s critique of Laplacian mechanics as an “atheistic perversion” of Newtonian gravity), and by tracing the influence of past philosophers on Scottish eighteenth-century science.Wilson begins with a survey of major seventeenth-century philosophers, from Descartes to Leibniz, who influenced later developments. But some of his remarks are problematic. For example, he asserts that in Descartes’ discussion of empty space, “the implication was that even God could not conceive of void space” (11–12). Considering Descartes’ attitude toward divine omnipotence, and his position that God created “necessary truths” (e.g. in his correspondence with Mersenne), at the very least this claim needs to be argued for, rather than simply stated.Likewise, Wilson’s attempt to trace each scientist’s attitude to a major figure from the past is not always successful. For example, in chapter 4 Wilson argues, persuasively, that Reidian epistemology influenced Robinson’s attitudes toward certain hypotheses. But then he claims that Black “represented the realism of Newton’s Query 31,” as opposed to Robinson’s “Reidian skepticism” (157). This claim is puzzling. Wilson nicely explains how Query 31 of Newton’s Opticks, with its defense of the notion of real attractive and repulsive forces and its sections on scientific reasoning, influenced Black. Wilson also shows that Robinson was somewhat critical of Newton. But the disagreements discussed do not concern issues of realism versus skepticism. Wilson himself shows that Robinson agreed with some of Black’s realist positions. In fact, Wilson writes that Robinson approved of Newton’s notion of attraction, which is argued for extensively in Newton’s Query 31.One of the most important debates discussed by Wilson concerns the nature of heat and light. After Newton, scientists were supposed to avoid “wild hypotheses,” for fear of being derided as Descartes was for his theory of vortices. Merely describing experienced regularities, however, rather than finding explanatory causes, seemed insufficient. Wilson emphasizes Reid’s influence in restoring the epistemic status of inductive experimental knowledge in a post-Humean world, and shows the ambivalence of post-Reidian scientists toward hypotheses. A good example is his chapter 4 discussion of Robinson’s attitude toward heat. After rejecting the two main alternatives (heat as vibratory motion of the particles of bodies, and heat as a fluid whose particles are in continual vibratory motion) because both are inconsistent with experimental evidence, Robinson recommends considering heat as a “cause” in the “constant conjunction” sense, because its nature and mechanism are not known. However, Wilson quotes passages from notebooks in which Robinson endorses a form of the fluid theory of heat. Robinson also approved of Stahl’s phlogiston theory, and agreed with Black’s “negative weight” solution to the problem that bodies gain weight when [End Page 501] phlogiston leaves them (a solution that Black abandoned after learning of Lavoisier’s, Priestley’s, and Scheele’s work). While a realist about phlogiston, however, Robinson criticized Black’s identification of phlogiston with Newtonian aether: Robinson’s criticism is described as a “Reid-like” argument against the abuse of analogies in natural philosophy. As can be seen from this and other discussions, Reid’s warnings against the abuse of conjectures and analogies were not always consistently applied.Despite offering an informative overview of the contributions of Scottish natural philosophers, the information in the book is somewhat poorly... (shrink)

«Nel settantesimo anno della Dichiarazione Universale dei Diritti dell’Uomo si susseguono riflessioni, studi e pubblicazioni. la molteplicità degli approfondimenti e la vastità delle prospettive di analisi rivelano l’ampiezza e la complessità della tematica. il solo approccio capace di giungere ad una rilevante e feconda proposta, che tenga insieme la pluralità dei punti di vista e dunque delle culture che i diritti rappresentano, rinvia ad un aggiornamento che celebra la persona come soggetto di doveri prima ancora che di diritti. inserirsi in (...) una prospettiva incentrata sulla persona e sui suoi doveri verso l’umanità aiuta a configurare anche un diritto davvero universale in quanto capace di considerare le particolarità di ciascun popolo e di ogni cultura» (dalla Prefazione di Giuseppe Gennaro Curcio). (shrink)

The 1948 Declaration of Human Rights demanded a collaboration among exponents from around the world. Embodying many different cultural perspectives, it was driven by a like-minded belief in the importance of finding common principles that would be essential for the very survival of civilization. Although an arduous and extensive process, the result was a much sought-after and collective endeavor that would be referenced for decades to come. Motivated by the seventieth anniversary of the 1948 Universal Declaration of Human Rights and (...) enriched by the contributions of eminent scholars, this volume aims to be a reflection on human rights and their universality. The underlying question is whether or not, after seventy years, this document can be considered universal, or better yet, how to define the concept of “universality.” We live in an age in which this notion seems to be guided not so much by the values that the subject intrinsically perceives as good, but rather by the demands of the subject. Universality is thus no longer deduced by something that is objectively given, within the shared praxis. Conversely, what seems to have to be universal is what we want to be valid for everyone. This volume will be of interest to those currently engaged in research or studying in a variety of fields including Philosophy, Politics and Law. (shrink)

Le contrôle de constitutionnalité, dont la magistrature parlementaire de l’Ancien Régime revendiquait le plein droit, n’était pas fondé uniquement sur les lois fondamentales du royaume, mais sur l’ensemble des principes (« les maximes ») tirés de la « Tradition ». Cette dernière était composée en premier lieu par le droit divin et le droit naturel, c’est-à-dire par des systèmes juridiques qui nécessitaient, tous les deux, une interprétation juridictionnelle ‘sapientiale’. Cette activité interprétative était ‘révélatrice’ d’un corpus de valeurs métaphysiques à laquelle (...) seule la Scientia Juris des magistrats pouvait puiser. Mais dans la sphère de la Tradition juridique rentraient aussi le « dépôt légal », c’est-à-dire l’ensemble de toutes les lois, même des lois ainsi dites « ordinaires », c’est-à-dire celles qui avaient été produites par la simple manifestation de volonté souveraine d’un roi prédécesseur « car tel avait été son plaisir » (moderne formulation du brocarde de droit roma.. (shrink)

RésuméLa tradition manuscrite du Kitāb al-Kašf, conserve la trace matérielle de trois phases de rédaction et de révision de l'ouvrage. Cette étude vise à expliciter les relations entre les deux versions arabes et la traduction hébraïque anonyme du XIVe siècle, en prenant en compte les additions et remaniements qui les différencient. Je conclus que la traduction hébraïque représente un stade intermédiaire de réélaboration: elle atteste d'importants ajouts et modifications philosophiques, spécialement dans les arguments portant sur la création du monde, au (...) début de l'ouvrage, mais précède l'achèvement de la révision du traité, qui a conduit aux remaniements dont témoigne la dernière version arabe, dans les chapitres abordant les questions épineuses de la corporéité divine et de la direction. L'étude des ajouts et des arguments du point de vue du contenu, du contexte et de l'argumentation contribue également à comprendre l'histoire de la stratification des phases rédactionnelles de l'ouvrage et la manière dont l'ouvrage a été transmis. (shrink)

This edited collection addresses the complexity of Islamic political thought and resolves some deep misconceptions surrounding crucial concepts such as din wa-dawla relationships and shari’a law.

Reconstruction of human ecosystems and their stability over time provides knowledge of the processes of adaptability developed by isolated communities. Seasonality of vital events is a good indicator of the effects of different lifestyles, which in turn depend on the ecological context in which a population developed specific subsistence models. Seasonality of births reflects the cultural attitude towards the best time to conceive, in relation to work activities and loads; the latter may also affect physiological functions related to fertility. The (...) present research concerns gross birth rates and seasonality of births and conceptions during four centuries in south-central Italy. Birth rates were between 33·0 and 36·5 per 1000. The pattern of seasonality of births and, by extension, of conceptions defines a southern-type agricultural area for the earlier periods. However, it also shows a progressive shift towards an increasing concentration of conceptions in spring namely from April to August – with a large increase in summer in the 19th century with respect to the previous periods. The new 19th century pattern is reported by Crisafulli, Dalla Zuanna & Solero (2000) as being representative of the central Adriatic region, a geographical classification to which Abruzzo can also be attributed. (shrink)

The purpose of this cross-sectional investigation was to examine the item characteristics, factor structure, reliability, convergent validity, and construct validity of the Psychobiosocial States in Physical Education (PBS-SPE) scale. In Study 1, a sample of 1,030 students (582 girls and 448 boys, 10 to 19-year-olds), drawn from middle or high schools, rated the intensity of the 20 items version of the PBS-SPE scale thinking about the feelings they had usually experienced in physical education classes. In Study 2, an additional sample (...) of 1,025 students (578 girls, 447 boys, 10 to 19-year-olds), rated the 16 items of the final version of the scale. Two subsamples also completed an affective-related measure (i.e., the Physical Activity Enjoyment Scale) and two motivation scales often used in the physical education domain (i.e., the Teacher-Initiated Motivational Climate in Physical Education Questionnaire and the Situational Motivation Scale). Exploratory structural equation modeling and confirmatory factor analyses of the data showed that a two-factor, 16-item solution (i.e., 8 pleasant/functional items and 8 unpleasant/dysfunctional items) of the PBS-SPE scale reached satisfactory fit indices. Multi-group comparisons provided support for measurement and structural invariance across samples, gender, and age. Convergent and construct validity was also upheld. Overall, the findings offer support for the use of a new instrument in the assessment of psychobiosocial states in physical education settings. (shrink)

The spread of COVID-19 in Italy resulted in the implementation of a lockdown that obligated the first time the general populace to remain at home for approximately two months. This lockdown interrupted citizens’ professional and educational activities, in addition to closing shops, offices and educational institutions. The resulting changes in people’s daily routines and activities induced unexpected changes in their thoughts, feelings and attitudes, in addition to altering their life perceptions. Consequently, the present study explores how young adults perceived their (...) lives under lockdown during the final week of March 2020, when the reported number of daily coronavirus infections reached its peak in Italy. The research was carried out among 293 university students (234 women and 59 men) with an average age of 20.85 years old (SD = 3.23). The researchers asked participants to describe the emotions, thoughts and experiences that characterized their time under lockdown. The study analyzed specific narratives related to time and space using grounded theory methodology, which was applied using Atlas 8 software, leading to the creation of 68 codes. The study organized these codes into three specific categories: confined in the present, confined in the past, and striving toward one’s goals. Finally, the researchers also created a core-category labeled “continuity of being.” The results showed that the closure of open spaces caused a division in participants’ perceptions of time continuity, with many viewing themselves as feeling fragmented and as living the present in a static and fixed way. Additionally, participants also saw the present as being discontinuous from the past, while, simultaneously, projecting toward the future and the changes it might bring. Finally, this study examined further implications surrounding individual projecting among young people in greater depth. (shrink)

The situation caused by the 2019 coronavirus disease has been representing a great source of concern and a challenge to the psychological well-being of many individuals around the world. For couples in particular, this extraordinary rise in concern, combined with the stress posed by the virus containment measures, such as prolonged cohabitation and lack of support networks, may have increased the likelihood of couple problems. At the same time, however, COVID-19 concerns may have been a stimulus to activate couples’ stress (...) management processes. A couple’s resource, which may have an important role in dealing with COVID-19 concerns and stress, is dyadic coping, i.e., the process through which partners face stress together. Drawing on a sample of 1,823 Italian individuals involved in a couple relationship, the current study tested a serial mediation model in which concerns about COVID-19 predicted psychological well-being, through both explicit stress communication and perceived partner dyadic coping responses. In addition, the study explored whether this dyadic coping process functioned the same way in satisfied and dissatisfied couples. Results showed that concerns about the situation related to COVID-19 significantly threatened individuals’ psychological well-being. However, these concerns positively predicted explicit stress communication, which in turn positively predicted perceived partner’s dyadic coping responses, which finally positively predicted psychological well-being. In addition, in the group of dissatisfied individuals, the association between explicit stress communication and perceived partners’ dyadic coping responses was not significant. The present study adds to the research on couples’ coping by testing for the first time the whole theoretical model of dyadic coping and does so during a global emergency situation. The study also suggests key components of preventive interventions for individuals in couples. (shrink)

The new Coronavirus has been declared a global pandemic by the World Health Organization. The sudden outbreak of this new virus and the measure of lockdown adopted to contain the epidemic have profoundly changed the lifestyles of the Italian population, with an impact on people’s quality of life and on their social relationships. In particular, due to forced and prolonged cohabitation, couples may be subject to specific stressors during the epidemic. In addition, living with a chronic health condition may add (...) specific challenges to the ones posed by the epidemic itself. The present cross-sectional study aimed to provide a picture of the challenges as well as the resources for both individual and relational well-being of Italian individuals in a couple relationship, with a specific attention to the comparison between individuals living with and without a chronic disease. Results showed that people with a chronic disease had lower psychological well-being and more fears and worries about the COVID-19. People with a chronic disease perceived fewer resources than healthy people. Moreover, the challenges are shown to be associated with less psychological well-being and high pessimism about the future. Instead individual, relational, and social resources play a protective role during the pandemic for both healthy and chronically ill people. (shrink)

This interdisciplinary volume brings together expert researchers coming from primatology, anthropology, ethology, philosophy of cognitive sciences, neurophysiology, mathematics and psychology to discuss both the foundations of non-human primate and human social cognition as well as the means there currently exist to study the various facets of social cognition. The first part focusses on various aspects of social cognition across primates, from the relationship between food and social behaviour to the connection with empathy and communication, offering a multitude of innovative approaches (...) that range from field-studies to philosophy. The second part details the various epistemic and methodological means there exist to study social cognition, in particular how to ascertain the proximal and ultimate mechanisms of social cognition through experimental, modelling and field studies. In the final part, the mechanisms of cultural transmission in primate and human societies are investigated, and special attention is given to how the evolution of cognitive capacities underlie primates’ abilities to use and manufacture tools, and how this in turn influences their social ecology. A must-read for both, young scholars as well as established researchers! (shrink)

Managing cardiac illness is not easy because it dramatically disrupts people’s daily life and both the patient and his/her spouse are at risk for experiencing distress, which, in turn, may affect the support provided by the partner as caregiver. The partner, in fact, is the main source of support, but his/her support may sometimes be inadequate. In addition, dyadic coping could likely be a moderating factor. The main aim of the present study was to examine the role that dyadic coping (...) plays in moderating the link between patient and partner cardiac illness-related distress and partner support. The study included 100 married couples faced with cardiac illness who completed a self-report questionnaire. We analyzed our data in PROCESS using multiple regressions in order to assess the moderating effects of DC responses in the relationship between the couple’s cardiac illness-related distress and partner support. With regard to patient distress, results showed that higher levels of patient anxiety and depression were linked with ineffective partner support. With regard to partner distress, higher levels of partner depression were linked with hostility; higher levels of partner depression and anxiety were associated with less partner support for patient engagement. Moreover, the association between distress and partner support was moderated by the quality of DC. In particular, low positive DC represented a risk factor for both the patient and the partner during a cardiac illness, as low positive DC exacerbated the link between patient and partner distress and less effective partner support styles. Also, higher levels of negative DC were risky for couples: The association between distress and less adequate partner supportive behaviors was stronger in the case of higher negative DC. These results imply a need for psychosocial interventions for couples in cardiac illness, especially for couples lacking relational competences, such as positive dyadic coping. (shrink)

Despite the remarkable advances in behavioral and brain sciences over the last decades, the mind/body (brain) problem is still an open debate and one of the most intriguing questions for both cognitive neuroscience and philosophy of mind. Traditional approaches have conceived this problem in terms of a contrast between physicalist monism and Cartesian dualism. However, since the late sixties, the landscape of philosophical views on the problem has become more varied and complex. The Multiple Realization Thesis (MRT) claims that mental (...) properties can be (or are) realized, and mental processes can be (or are) implemented by neural correlates of different kinds. Thus, MRT challenges the psychoneural type-identity theory and the corresponding reductionism. Many philosophers have acknowledged the a priori plausibility of MRT. However, the existence of empirical evidence in favor of intraspecific, human multiple realizations of mental processes and properties is still controversial. Here we illustrate some cases that provide empirical evidence in support of MRT. Recently, it has been proposed that foveal agnosic vision, like peripheral vision, can be restored by increasing object parts’ spacing (Strappini et al., 2017a; Crutch and Warrington, 2007). Agnosic fovea and normal periphery are both limited by crowding, that impairs object recognition, and provides the signature of visual integration. Here we define a psychological property of restored object identification and we cross-reference the data of visually-impaired patients with different etiologies. In particular, we compare the data of two stroke patients, two patients with posterior cortical atrophy (PCA), six cases of strabismic amblyopia, and one case with restored sight. We also compare these patients with unimpaired subjects tested in the periphery. We show that integration (i.e. restored recognition) seems to describe quite accurately the visual performance in all these cases. While the patients have different etiologies and different neural correlates, the unimpaired subjects have no neural damage. Thus similarity in the psychological property given the differences in the neural substrate can be interpreted in relation to MRT and provide evidence in its support. Finally, we will frame our contribution within the current debate concerning MRT providing new and compelling empirical evidence. (shrink)

The purpose of this paper is to argue that, for Spinoza, causation is a more fundamental relation than conceptual connection, and that, in fact, it explains conceptual connection. I will firstly offer a criticism of Michael Della Rocca's 2008 claims that, for Spinoza, causal relations are identical to relations of conceptual dependence and that existence is identical to conceivability. Secondly, I will argue that, for Spinoza, causation is more fundamental than conceptual dependence, offering textual evidence from both Treatise on the (...) Emendation of the Intellect and Ethics. In particular, I will offer an interpretation of the attributes as first and foremost causal activities, or powers: this interpretation has the advantage to clarify the role of 1D6 as a “genetic definition.”. (shrink)

This review discussed the effects of the impact of the Coronavirus Disease 2019 pandemic on the psychological wellbeing of people with Parkinson's disease focusing specifically on depressive symptoms, anxiety levels, sleep, and quality of life. Together with motor symptoms, psychological symptoms are common and disabling conditions in the clinical course of PD becoming a relevant topic as a result of the lockdown measure due to alter their everyday life. We searched on PubMed online electronic databases for English articles published between (...) January 2020 and 31 December 2021. Twenty-eight relevant studies were found and included in the review. Heterogeneous data emerged from the topics analyzed. Overall, data from depression studies showed significant depressive symptoms if the patient was analyzed longitudinally or vs. a control group consisting in healthy subjects, while these differences become minimal when the control group is a family member. Differently, in most of the studies reviewed there is no evidence of a statistically significant impact on anxiety disorders, nor on the quality of sleep. Conversely, PD patients showed a statistically significant negative impact of QoL compared with control groups or other neurological conditions. Although these findings must be interpreted carefully in the light of the studies' limitations, both in methodology and design, collectively our review showed that COVID-19 pandemic has had negative effects on the mental health of people with PD, due to disruption of healthcare services, loss of usual activities and supports and reduction in physical activity. (shrink)

In this paper, I put forward some remarks supporting a reading of Spinoza's metaphysics in terms of process ontology, that is, the notion that processes or activities, rather than things, are the most basic entities. I suggest that this reading, while not the only possible one, offers advantages over the traditional substance-properties interpretation. While this claim may sound implausible vis-à-vis Spinoza's language of ‘substance’ and ‘attributes’, I show that process ontology illuminates important features of Spinoza's thought and can facilitate solutions (...) to some interpretive problems. (shrink)

BackgroundHeavy media use has been linked to sleep problems in children, which may also extend to the infancy period. While international parent-advisory agencies, such as the American Academy of Pediatrics, advise no screen time before 18 months, parents often do not follow this recommendation. Research on Italian infants’ early access to media is sparse, and only very few studies have investigated links with sleeping habits.MethodTo address this gap, we examined concurrent associations between parent-reported surveys of child technology use and sleeping (...) patterns. The Italian version of the 60 item Comprehensive Assessment of Family Media Exposure Survey, developed as part of a larger international study,, the Brief Screening Questionnaire for Infant Sleep Problems Sadeh, 2004) were completed online by 264 Italian parents of 8- to 36-month-olds and a subset completed the Parenting Stress Index Abidin, 1995) between April 2017 and April 2018.ResultsMore devices located in the child’s room and the more time spent watching TV or using an iPad were associated with less hours of sleep at night. Furthermore, more time spent watching TV or using a smartphone, as well as the number of devices in the room was associated with going to sleep later at night. Instrumental media use was associated with less sleep.ConclusionLike other countries, Italian infants have high levels of exposure to media, and differences in media patterns were associated with sleep patterns. Cultural factors influence both instrumental reasons for media use and sleep practices. Further research should explore how media use may serve to regulate emotion as a function of both contextual factors and individual differences. (shrink)

In this article we evaluate claims that language structure adapts to sociolinguistic environment. We present the results of two typological case studies examining the effects of the number of native (= L1) speakers and the proportion of adult second language (= L2) learners on language structure. Data from more than 300 languages suggest that testing the effect of population size and proportion of adult L2 learners on features of verbal and nominal complexity produces conflicting results on different grammatical features. The (...) results show that verbal inflectional synthesis adapts to the sociolinguistic environment but the number of genders does not. The results also suggest that modelling population size together with proportion of L2 improves model fit compared to modelling them independently of one another. We thus argue that surveying population size alone may be insufficient to detect possible adaptation of linguistic structure to the sociolinguistic environment. Rather, other features, such as proportion of L2 speakers, prestige and social network density, should be studied, and if demographic numeric data are used, they should not be used in isolation but rather in competition with other sociolinguistic features. We also suggest that not all types of language structures within a given grammatical domain are equally sensitive to the effect of sociolinguistic variables, and that more exploratory studies are needed before we can arrive at a reliable set of grammatical features that may be potentially most (and least) adaptive to social structures. (shrink)

Le contrôle de constitutionnalité, dont la magistrature parlementaire de l’Ancien Régime revendiquait le plein droit, n’était pas fondé uniquement sur les lois fondamentales du royaume, mais sur l’ensemble des principes (« les maximes ») tirés de la « Tradition ». Cette dernière était composée en premier lieu par le droit divin et le droit naturel, c’est-à-dire par des systèmes juridiques qui nécessitaient, tous les deux, une interprétation juridictionnelle ‘sapientiale’. Cette activité interprétative était ‘révélatrice’ d’un corpus de valeurs métaphysiques à laquelle (...) seule la Scientia Juris des magistrats pouvait puiser. Mais dans la sphère de la Tradition juridique rentraient aussi le « dépôt légal », c’est-à-dire l’ensemble de toutes les lois, même des lois ainsi dites « ordinaires », c’est-à-dire celles qui avaient été produites par la simple manifestation de volonté souveraine d’un roi prédécesseur « car tel avait été son plaisir » (moderne formulation du brocarde de droit romain : « quidquid principi placuit legis habet vigorem »). Ainsi la juridiction parlementaire donnait lieu à un jugement de constitutionnalité qui était normalement exercé de manière très flexible par le corps de la magistrature, dépendant des circonstances et des intérêts politiques momentanés des situations juridiques qu’elle voulait protéger. La hiérarchie des normes était ainsi un formidable instrument de protection de cet ordre juridique dont les legum doctores se sentaient les tuteurs. Elle était, donc, directement liée au gouvernement politique des juges. (shrink)

This book contains sixteen essays, presented at the seventh Pittsburgh-Konstanz Colloquium in 2005. It includes historical topics, ranging from ancient Greek thought to late nineteenth- and early twentieth-century philosophy, and contemporary topics, including causal pluralism, epiphenomenalism, and causality in disciplines as different as physics and economics.The concept of causation has been elaborated in many ways, with many different philosophical functions, including its problematic relations to the concept of explanation. The essays cover a variety subjects, and the results are quite disparate. (...) McCord Adams's discussion of medieval philosophers on sacramental causation and Norton's challenge to "causal .. (shrink)

In this paper, I argue that Herrera’s discussion of the emanative process in his Gate of Heaven is a plausible source for Spinoza’s concept of the attributes as developed in Ethics. While Herrera’s influence on the development of Spinoza’s thought has been discussed, I argue that previous interpretations have not captured the nature of this influence. I will first offer an overview of Herrera’s discussion of the relationship between the One and the sefirot. I will then criticize a recent discussion (...) of Herrera’s influence on Spinoza by Giuseppa Saccaro Del Buffa, and offer a summary of my interpretation of the concept of attribute in Spinoza. Finally, I will show that Herrera’s discussion of the sefirot, the first emanations, as divine activities, rather than created things, inspired Spinoza’s concept of thedivine attributes. (shrink)

In this paper, I will argue that Spinoza’s notion of libertas philosophandi in Theological Political Treatise2 is best interpreted as freedom of expression, in the metaphysical sense of expression found in Ethics I. This reading helps understand the role of the Spinozan state in protecting such freedom. Ethics argues that human nature is embodied thought, and its freedom is found both in rational and irreducibly imaginary cognition: imagination is knowledge, and, as such, it is a fundamental aspect of human expression. (...) The last two books of Ethics show that human freedom depends on certain material and intellectual conditions: this clarifies the role of the state as an active participant, rather than a mere watchman, of individual expression. (shrink)

In this paper, I will argue that Spinoza’s notion of libertas philosophandi in Theological Political Treatise2 is best interpreted as freedom of expression, in the metaphysical sense of expression found in Ethics I. This reading helps understand the role of the Spinozan state in protecting such freedom. Ethics argues that human nature is embodied thought, and its freedom is found both in rational and irreducibly imaginary cognition: imagination is knowledge, and, as such, it is a fundamental aspect of human expression. (...) The last two books of Ethics show that human freedom depends on certain material and intellectual conditions: this clarifies the role of the state as an active participant, rather than a mere watchman, of individual expression. (shrink)