The law commonly conceived as a norm : deficiency of this conception -- On some general hints of this deficiency, and in particular those evinced by the likely origin of the current definitions of law -- The need to distinguish the distinct legal norms from the legal order considered as a whole. The logical impossibility of defining the legal order as a set of norms -- How the unity of a legal order has been sometimes intuited -- How a legal (...) order is not only a set of norms, as it also encompasses other elements -- How such ements are implicitly postulated by the common inquiry into the distinguishing characteristics of law -- Assessment, from this point of view, of the so-called objectivity of law -- The element of sanction -- The expression "the legal order" -- The essential elements of the concept of law. The law as an institution and the law as a precept -- The preceding doctrine on the concept of institution -- My concept of institution and its fundamental characteristics : 1. The objective existence of the institution; 2. Institution and social body; 3. The institution's selfness; 4. The unity of the institution -- Equivalence of the concept of institution and the concept of a legal order -- Evidence for this equivalence based on the doctrine that the law is only "form" -- Mention of some problems that need solving in the light of this equivalence -- Cases in which the original establishment of a law does not depend on norms, but on the emergence of an institution, and the impossibility of reducing the institution to the norms -- The concept of institution and the international legal order -- The institution and the legal relationship: relationships between more persons -- Relationships between persons and things : examples of some of these relationships that, considered more broadly, cab be portrayed as institutions -- The institution and the legal person -- My conception of the law with respect to certain problems relating to : 1. The legal character of state power; 2. The extension of the state personality; 3. The legal relevance of its territory and citizenry -- Critical assessment of some opinions that attach importance to the legal order only insofar as it reflect relationships between persons. Applications to: 1. The legal sanction; 2. The state territory and citizenship; 3. The state bodies; 4. The limits of the legislative function -- Some consequences of my conception with regard to the subjective aspect of the law: the legal relationship; the status of persons; rights in rem; the correlation between rights and obligations; the equal position of subjects -- Recapitulatory remarks -- The plurality of legal orders and the doctrine that reduces all law to state law -- The untenability of this doctrine from a historical and theoretical point of view -- Its untenability with respect to the existing law -- Non-state legal orders; international law -- Ecclesiastical law -- The order of entities that are considered unlawful or are ignored by the state -- Entities that are regulated by the state, but also have an order of their own which is not recognized by the state (private disciplinary orders; the internal organisation of workplaces; so-called unrecognized associations or institutions, etc.) -- Doctrines that confine the concept of a legal order to the order of communities in general and specifically to necessary communities -- The relations between different legal orders. Principles that have to be taken into account with respect to : 1. Original or derivative institutions; 2. The particular or general ends of institutions; 3. Their diverse basis; 4. Simple or complex institutions; 5. Perfect or imperfect; 6. With or without personality; 7. Independent, coordinated or subordinated -- The concept of relevance of one order to another -- The title for this relevance: a. The relation of superiority and correlative dependence between two orders; b. The relation whereby an order presupposes another; c. The relation whereby reciprocally independent orders depend a further one; d. The relevance unilaterally attributed by an order to another on which it depends; e. The relation of succession between orders -- Diverse aspects (existence, content, effectiveness) expressing the relevance an order to another one. Cases in which the existence of an order depends on another: a. Complete subordination of the former to the latter which directly establishes the former or assigns limited autonomy to it. Independence, as far as its existence is concerned, of an order in case of a less expansive subordination (some spheres of the order of the states of a federal state vis-à-vis the latter; the order of states vis-à-vis international law) and general principles; b. In the hypothesis of an order that represents the presupposition of another (state law vis-à-vis international law) -- The relevance of an order to another with respect to its content. Various cases: a. The superior order as the mediated or unmediated source of an inferior order; the superior order (international law, ecclesiastical concordats) which is not the source, and yet affects the content of inferior orders; b. the Superior order about effects the content of more orders subjected to, which however are independent from each other; c. the order of that itself that determines its own content by considering a subjected or independent order : private international law; ecclesiastical law as it refers to civil laws; the law of the state that refers to ecclesiastical law; d. an order that incorporates another -- The relevance of an order to one another with respect to its effects: external and internal effectiveness of an order. Various cases of external effectiveness: a. The relationships between orders where the one partially or totally depends on the other; b. Relationships between more orders that are independent from each other because of a unilateral disposition of one or each of them. Private international law; civil effectiveness of ecclesiastical law; c. Relationships meeting more orders in which one is of the presupposition of the other; d. Relationships between orders that succeed each other -- Diverse extension of the relevance of an order to another. Applications with regard to the problem of so-called natural obligations -- The irrelevance of an order to another; total or partial, reciprocal or unilateral -- A legal order that as such is irrelevant to another, but it is relevant in other respects (orders that are considered unlawful by the state; corporations, de facto institutions) -- Total developments of an order to another: possibility of such an irrelevance also with respect to the order of the state -- Critical assessment of the opposite doctrine. The limitations of the state order; various figures and consequences; examples of matters that are legally indifferent to the state (private disciplinary orders; particular religious orders; the orders of some non-patrimonial associations; etc.) -- The internal orders of the institutions, especially state ones, vis-à-vis the order of other institutions in which they are included. (shrink)

El ordenamiento jurídico de Santi Romano es, sin duda alguna, una obra fundamental. Y no es la circunstancia concreta de presentar ahora la obra al lector español la que dicta estas palabras, sino que las recojo conociendo plenamente el valor objetivo que ellas tienen; sobradamente tendremos ocasión de ver la consideración que la obra de Romano recibe por parte de la doctrina, como de un auténtico y verdadero hito en el desarrollo del pensamiento jurídico contemporáneo. De ahí precisamente que (...) no trate de llevar a cabo ni un análisis crítico de la misma, ni menos aún de la obra de Romano en general; tal pretensión de enjuiciamiento limitaría casi con lo grotesco, por carecer de toda autoridad en el campo de la dogmática general del Derecho, que es en el que, en concreto, se mueve Santi Romano en la obra que presentamos. Estas páginas, por el contrario, pretenden tener una finalidad mucho más modesta: simplemente presentar la obra al lector español, formulando al mismo tiempo algunas aplicaciones concretas de la tesis ordinamental en el campo específico del Derecho administrativo. Sebastián Martín Retortillo. (shrink)

The recent global outspread of the COVID-19 pandemic has influenced the lives of people across multiple countries including athletes, coaches, and supporting staff. Along with everybody else, coaches found themselves constrained to an at-home self-isolation, which limited their ability to normally engage with their profession and to interact with their athletes. This situation may also have impacted their own psychological well-being. With this study, we explored coaches’ perceptions of stress in relation to their emotion regulation strategies depending upon their gender (...) and competitive level. A sample of 2272 Italian coaches were surveyed during the period of lockdown. Mean values for perceived stress and emotion regulation strategies were compared to normative data of the two instruments as reported in the original studies. Furthermore, two Multivariate analyses of variance were completed to observe the potential differences in the coaches’ emotion regulation strategies and perception of stress. Finally, a blockwise regression analysis was run to assess how coaches’ emotion regulation strategies impacted upon their perception of stress. Both women and men reported higher levels of perceived stress than those reported in the normative data. Similarly, average scores for emotion regulation strategies were significantly different from those reported for normative data, in particular, coaches reported slightly higher use of emotion regulation strategies than participants in the original study. Significant gender-based differences emerged in terms of emotional regulations, with men adopting more suppression than women. No differences by competitive level were found. In terms of perceived stress, male coaches and elite coaches showed to be more in control of the situation than female coaches and non-elite coaches, respectively, while women experienced more negative stress than men. The blockwise regression evidenced how reappraisal resulted to be predictive in helping coaches to reduce their perception of stress, while suppression predicted higher stress perceptions. (shrink)

This essay argues that the illiberal anti-immigrant sentiments which lie behind the success of populist right-wing parties deserve the attention of political theorists working on the ethics of migration, even though such sentiments exceed the boundaries of admissible disagreement on justice in migration. Firstly, populist anti-immigrant sentiments hinder the implementation of liberal democratic immigration policies and thus they represent a feasibility constraint for any liberal ethics of migration, not only the most cosmopolitan ones. Secondly, there are legitimacy reasons why such (...) views should be neither merely dismissed nor simply contained, since they are voiced by populist political parties which are admitted in the electoral competition and even participate in governments. The main upshot of this discussion is a methodological one: the article argues that, since political theory should deal with the feasibility and legitimacy issues raised by populist anti-immigrant sentiments, a realistic approach is needed. The last section shows that such a methodological change offers the opportunity to extend the scope of normative theorising. In particular, it illustrates how a realistic approach encourages theorists to focus on local-level policies, as well as to devote attention to non-governmental actors and to their role in tackling citizens’ hostility towards immigrants. (shrink)

In the following paper we will attempt to analyze and reconstruct Edith Stein’s interpretation of Husserl’s “transcendental idealism,” notably, the reason why, in her opinion, the latter ended up embracing that specific philosophical position. As will soon become apparent, according to Stein, Husserl misunderstands the peculiar ontological structure of individual essences and, in particular, the specific connection with reality that they carry within themselves. Without raising the question of whether Stein’s own understanding of transcendental idealism perfectly corresponds with Husserl’s, (...) we will confine ourselves to discussing, first, the wider context within which she tackles it and, second, the relation between Husserl’s idealism and the formal-ontological issue of how to characterize the internal content of individual essences. No matter what we think of Stein’s critical assessment, her approach has the great and undeniable merit of forcing the “interpreter” to face the problem of the tight connection between the transcendental dimension and the eidetic dimension of Husserl’s thought. (shrink)

In this paper we will be discussing the “Platonism” of two former Göttingen students of Husserl, notably Jean Héring and Roman Ingarden. By “Platonism” we mean not simply an account of the diff erence between individuals and Forms. We mean a peculiar insight into what Ingarden explicitly designates as “the content of Ideas”. Our primary concern is to emphasize a major shift in Plato’s treatment of Forms: we will see Plato switching the focus of his investigation from the difference between (...) the visible world of bodies and the invisible realm of Forms to the internal structure of the Forms themselves. We will then discuss Héring’s Bemerkungen über das Wesen, die Wesenheit und die Idee and Ingarden’s Essentiale Fragen in order to explain the diff erence between the notions of individual essence, morphe, essentiality and Idea. (shrink)

In this article we review the basic idea of the “intermediate level” hypothesis about consciousness as proposed by Ray Jackendoff, then developed by Crick and Koch and finally by Prinz. According to this hypothesis, consciousness arises only at an intermediate-level, which lies between rough sensory inputs and the more abstract representations used, e.g., in object recognition. We aim at formulating a more specific hypothesis about a suitable conception of consciousness relative to the experience of language. We claim that “linguistic consciousness”, (...) namely an individual’s conscious experience engendered by the processing of linguistic information, cannot be identified only in the phenomenal role played by the phonological structure of language, contrary to what Jackendoff holds. Instead, we hypothesize that the top-down computational structure required for the very possibility of linguistic consciousness is determined by syntax. This hypothesis, we believe, avoids two problems with Jackendoff’s original account. (shrink)

I argue that a particle ontology naturally emerges from the basic dynamical equations of non-relativistic quantum mechanics, when the quantum continuity equation is realistically interpreted. This was recognized by J.J. Sakurai in his famous textbook “Modern Quantum Mechanics”, and then dismissed on the basis of the Heisenberg position–momentum uncertainty principle. In this paper, I show that the reasons of this rejection are based on a misunderstanding of the physical import of the uncertainty principle. As a consequence, a particle ontology can (...) be derived from the quantum formalism without the need of additional ad hoc assumptions, and therefore it cannot be regarded as “extra-structure”. (shrink)

COVID-19 Lockdown was particularly challenging for most mothers of people with intellectual disabilities, including those with Rett syndrome, leading to feelings of abandonment from healthcare services of their children. Within those days, telerehabilitation has represented a valid alternative to support physical activity and treatment, supporting parents in structuring their children’s daily routine at home. This article aims to describe the well-being level of two groups of mothers of girls and women with RTT who were involved in a home-based remotely supervised (...) motor rehabilitation program, respectively, before and during the COVID-19 Italian lockdown. Forty participants with classic RTT were recruited before the lockdown and randomly assigned to two groups that performed the intervention immediately before and during the lockdown, respectively. The intervention included an individualized daily physical activity program carried out for 12 weeks by participants’ parents and fortnightly supervised throughout Skype contacts to plan, monitor, and accommodate individual activities in the participant’s life at home. The short form Caregivers Well-Being Scale was collected for the mothers in each group 12 weeks before intervention, at intervention initiation, immediately after intervention termination, as well as at 12 weeks after intervention termination. Mothers of participants in the Group 1 showed a stable level of well-being across all four evaluations with a slight improvement during the lockdown, without significant change. Similarly, the well-being level of mothers in the Group 2 showed a statistically significant increase in their well-being between T2 and T3 and its reduction to the pre-intervention level between T3 and T4. The results suggest that the lockdown did not negatively affect the participants’ mothers’ well-being, leading to its improvement. Moreover, the proposed intervention could have supported the mothers in managing the new daily routine at home, positively affecting maternal well-being. (shrink)

The Covid-19 pandemic has had a great impact on the life of every inhabitant of the planet. During 2020 and 2021 a significant amount of work on how the pandemic is being conceptualized and communicated has been done. Most work has focused on the role of metaphor in the construal of specific cognitive frames. In this paper, we turn to a similar but different conceptualization mechanism, i.e. simile. Drawing from recent socio-cognitive and discursive empirical approaches to similes, this paper focuses (...) on “target is like source” constructions in English and Spanish containing (corona)virus either as target or source of the simile. The analysis is based on 200 examples found in the digital media during the first wave of the pandemic in 2020. First, the constructions, conceptualizations and mappings are analyzed. Second, the relevant discourse features (genre type, relation to subjectivity, text location and structuring properties) are described. Finally, the cross-linguistic English-Spanish analysis shows that, despite the many coincidences in both datasets, there are different tendencies as for the use of culture-specific mappings and the genres where the similes occur in. The study aims at testing to what extent the general features characterizing similes also hold in the case of (corona)virus, both as source and as target. The corpus analysis contributes, in addition, to the emerging line of research on the use of figuration in the communication of the pandemic, as well as to the study of the discursive dimensions of similes in real settings. (shrink)

Normally, during modernity, critical thinking and anti-systemic movements have countered the ruling institutions by envisaging not only new values and ideals, but mainly new 'forms' of social regulation. The current crisis reveals that, contrary to this tradition, the institutions in office and the antagonistic way of thinking now share the same basic 'horizontal' form. The degrowth project represents a paradigmatic example of this structural homology. The ecological and social crises, standing at the origins of the political engagement for degrowth, are (...) not the outcome of execrable 'values' but mainly of the 'horizontal' form adopted by current institutions. In fact, the horizontal regime is uninterested in the promotion of specific values or ideas of justice. It only ensures that each singularity (the citizen and their networks) can freely play their game on the basis of their own values. This indifference is the basic reason for ecological, social and economic deregulation. The paradox of degrowth is that, on the one hand, it evokes the necessity of a return to 'vertical' regulation (i.e. collective sovereignty), while on the other, it is deeply subaltern to the paradigm of horizontalism (the same that frames the growth regime). (shrink)

"A genuinely innovative contribution to philosophical accounts of subjectivity and temporality. Romano develops what he calls an 'evential hermeneutics' that takes as its starting point the life-changing events that upend our world. He studies the structure of these events in terms of the genuine change and novelty that they open up, distinguishing them from mere occurrences, which can be explained as a subject realizing pre-existing possibilities. Because such events introduce radically new possibilities by transforming me and my world, Romano (...) argues that they must be understood as establishing a world rather than as happening in the world."--Shane Mackinlay, Catholic Theological College, University of Divinity, Melbourne. (shrink)

In At the Heart of Reason, Claude Romano boldly calls for a reformulation of the phenomenological project. He contends that the main concern of phenomenology, and its originality with respect to other philosophical movements of the last century, such as logical empiricism, the grammatical philosophy of Wittgenstein, and varieties of neo-Kantianism, was to provide a "new image of Reason." Against the common view, which restricts the range of reason to logic and truth-theory alone, Romano advocates "big-hearted rationality," including in it (...) what is only ostensibly its opposite, that is, sensibility, and locating in sensibility itself the roots of the categorical forms of thought. Contrary to what was claimed by the "linguistic turn," language is not a self-enclosed domain; it cannot be conceived in its specificity unless it is led back to its origin in the pre-predicative or pre-linguistic structures of experience itself. (shrink)

Premessa - Capitolo primo. Questioni di filosofia del diritto - Capitolo secondo. Filosofia, scienza, diritto - Capitolo terzo. Relazione, pretesa, diritto - Capitolo quarto. Determinazione e diritto - Capitolo quinto. Gioco, amore, diritto - Capitolo sesto. Terzietà nella relazione. Aspettative cognitive e normative - Capitolo settimo. Qualificazioni della terzietà - Capitolo ottavo. Differenza di senso e differenza nomologica - Capitolo nono. Genesi e uso del diritto - Capitolo decimo. Ortonomia delle leggi istituite. Natura, linguaggio, tecnica - Capitolo undicesimo. Linguaggio (...) dei sistemi sociali. Diritto, mercato, globalizzazione - Indice analitico e dei nomi. (shrink)

In the following article I present a basic proposal that is intended to provide the ground for a broader program in which I attempt to explain and characterize the foundations of the normativity generally regarded as implicit in the notion of a "person." I intend to argue that these foundations are natural in the sense that they are derived from basic behavioral and cognitive patterns which are particularly characteristic of human beings especially during their infancy. Among these basic patterns I (...) take that known as dyadic engagement to be merely the foundational stage at which embryonic personhood emerges. Dyadic engagement is a very primitive and special form of social competence which has been identified by some cognitive developmentalists and comparative psychologists as a particular kind of sensitivity for contingencies which are experienced from the very beginning in the various processes of communicative interaction. (shrink)

Environmental sustainability is an increasingly important issue for many business and social actors. This has led many scholars to research the effects of this phenomenon from various points of view trying to understand whether green attitudes can influence consumer behaviours in sustaining consumer–brand relationships. Accordingly, this paper aims to explore the impact of green consumer values on consumer–brand relationships in driving intentional behaviour. The authors developed an empirical study based on a research framework with six latent variables and 43 manifest (...) variables using a partial least squares-structural equation (PLS-SEM). A survey was given to a sample of Italian consumers (n = 661) to explore mobility choices from a sustainability perspective (i.e. car and motorcycle users). The main findings show that green consumption values positively impact offline and online brand responses. Moreover, the research outcomes are discussed and evaluated in terms of theoretical, managerial and policy implications. Finally, we present the main limits and future research opportunities. (shrink)

In this paper we study the subdirectly irreducible algebras in the variety of pseudocomplemented De Morgan algebras by means of their De Morgan p‐spaces. We introduce the notion of the body of an algebra and determine when is subdirectly irreducible. As a consequence of this, in the case of pseudocomplemented Kleene algebras, two special subvarieties arise naturally, for which we give explicit identities that characterise them. We also introduce a subvariety of, namely the variety of bundle pseudocomplemented Kleene algebras, fully (...) describe its subvariety lattice and find explicit equational bases for each subvariety. In addition, we study the subvariety of generated by the simple members of, determine the structure of the free algebra over a finite set in this variety and their finite weakly projective algebras. (shrink)

What is pedagogy, exactly? Merriam-Webster defines it simply as “the art, science, or profession of teaching.” In contemporary academic discourse, however, pedagogy is generally left undefined — with its apparent implicit meanings ranging anywhere from a specific “model for teaching” (e.g., behaviorist or progressivist instruction) to a broadly political philosophy of education in general (most famously, a “pedagogy of the oppressed”). In this paper, Norm Friesen and Hanno Su follow the Continental pedagogical tradition in giving pedagogy a general but explicit (...) definition. They do so by looking at how pedagogy arises both in everyday life and in school as unavoidably ethical activity undertaken primarily for the sake of the young person or child. Such activities, the authors maintain, are structured not so much by processes, methods, and outcomes, but by irresolvable oppositions and the tensions between them. They illustrate this inductively through a series of images and examples — moving gradually from ones involving parenting and early childhood to ones from elementary and secondary schooling. In this way, Friesen and Su show that pedagogy is not so much one or more ideologically focused or evidence-based instructional or psychological approaches to be mastered by a professional or teaching specialist. It is instead an independent but ethically informed practical perspective — one that can (and has) been extended to form a distinctively pedagogical theory and discipline. As such, it is something that is not only a part of our everyday life and culture, but arguably of all human cultures. (shrink)

When the language-dominant hemisphere is damaged by a focal lesion, the brain may reorganize the language network through functional and structural changes known as adaptive plasticity. Adaptive plasticity is documented for triggers including ischemic, tumoral, and epileptic focal lesions, with effects in clinical practice. Many questions remain regarding language plasticity. Different lesions may induce different patterns of reorganization depending on pathologic features, location in the brain, and timing of onset. Neuroimaging provides insights into language plasticity due to its non-invasiveness, ability (...) to image the whole brain, and large-scale implementation. This review provides an overview of language plasticity on MRI with insights for patient care. First, we describe the structural and functional language network as depicted by neuroimaging. Second, we explore language reorganization triggered by stroke, brain tumors, and epileptic lesions and analyze applications in clinical diagnosis and treatment planning. By comparing different focal lesions, we investigate determinants of language plasticity including lesion location and timing of onset, longitudinal evolution of reorganization, and the relationship between structural and functional changes. (shrink)

Volume 11, Issue 1, March 2020, Page 92-100.

Volume 11, Issue 1, March 2020, Page 101-113.

This article provides a comprehensive conceptual analysis of information. It begins with a folk notion that information is a tripartite phenomenon: information is something carried by signals about something for some use. This suggests that information has three main aspects: structural, referential, and normative. I analyze the individually necessary and jointly sufficient conditions for defining these aspects of information and consider formal theories relating to each aspect as well. The analysis reveals that structural, referential, and normative aspects of (...) information are hierarchically nested and that the normative depends on the referential, which in turn depends on the structural. (shrink)

Attributions of what we shall call normative responsibilities play a central role in everyday moral thinking. It is commonly thought, for example, that parents are responsible for the wellbeing of their children, and that this has important normative consequences. Depending on context, it might mean that parents are morally required to bring their children to the doctor, feed them well, attend to their emotional needs, or to see to it that someone else does. Similarly, it is sometimes argued (...) that countries that emit most greenhouse gases are responsible for preventing catastrophic climate change. This responsibility might imply that these countries are morally required to take necessary steps individually and jointly to come to an agreement on and implement a workable plan, and to avoid steps that worsen the situation. More trivially, the grading of your student’s essays might be your responsibility, as might making sure there is wine at tomorrow’s picnic, and you might thus be required to see to it that essays are competently graded and suitable wine brought to the picnic. -/- Though attributions of normative responsibilities are legion, such responsibilities have received surprisingly little philosophical attention compared to its normative relatives, obligations and reasons, and compared to retrospective responsibility. This chapter hopes to improve on this situation by taking on two main tasks. The first, attempted in section 1, is to spell out the general structure of normative responsibility, in particular the relation between normative responsibilities and corresponding obligations and demands. We suggest that normative responsibilities are constituted by normative requirements that the responsible agents care appropriately about how well things go in certain regards, and that obligations generally can be seen as straightforward upshots of requirements to care. -/- The second task, taken on in section 2, is to provide an overview of prominent sources of normative responsibility and its distribution among agents. Why would the children’s wellbeing be the parents’ responsibility? Why not the neighbor’s, or the state’s, or everyone’s? Here we discuss a range of possible sources, including agents’ abilities, costs involved in taking on the responsibility in question, retrospective responsibility for the situation, promises or contracts, and certain social relationships. (shrink)

Formal representations of values and norms are employed in several academic disciplines and specialties, such as economics, jurisprudence, decision theory and social choice theory. Sven Ove Hansson closely examines such foundational issues as the values of wholes and the values of their parts, the connections between values and norms, how values can be decision-guiding and the structure of normative codes with formal precision. Models of change in both preferences and norms are offered, as well as a method to (...) base the logic of norms on that of preferences. Hansson has developed a unified formal representation of values and norms that reflects both their static and their dynamic properties. This formalized treatment, carried out in terms of both informal value theory and precise logical detail, will contribute to the clarification of certain issues in the basic philosophical theory of values and norms. (shrink)

Normative theorists like to divide normative theories into classes. One special point of focus has been to place utilitarianism into a larger class of theories which do not necessarily share its view about what is alone of impersonal intrinsic value, namely, individual human well-being, but do share another structural feature, roughly its demand that each person seek to maximize the realization of what is of impersonal intrinsic value. The larger class is distinguished from its complement in two apparently (...) different ways. Let us look briefly at these two ways. (shrink)

In contrast to individualistic explanations of social injustice that appeal to implicit attitudes, structural explanations are unintuitive: they appeal to entities that lack clear ontological status, and the explanatory mechanism is similarly unclear. This makes structural explanations unappealing. The present work proposes a structural explanation of one type of injustice that happens in conversations, discursive injustice. This proposal meets two goals. First, it satisfactorily accounts for the specific features of this particular kind of injustice; and second, it articulates a structural (...) explanation that overcomes their unattractiveness. The main idea is that discursive injustice is not the result of biased interlocutors, but of problematic discursive norms. (shrink)

Che cosa distingue, concettualmente, l’esattore delle tasse che esiga da un uomo, a pena di sanzioni, una determinata somma di denaro, dal bandito che gli intimi, sotto la minaccia di un’arma, di consegnargli la medesima somma? È sul soddisfacimento del requisito della giustizia che si fonda, come sostenne Agostino, l’eterogeneità tra uno Stato e un’accolita di furfanti? «Se non è rispettata la giustizia, che cosa sono gli Stati, se non delle grandi bande di ladri? Perché le bande di briganti che (...) cosa sono, se non dei piccoli Stati?». Il volume ripercorre le risposte più autorevoli fornite nel XX secolo, entro un orizzonte postmetafisico, alla domanda agostiniana: prima dell’avvento del regime nazista, la tesi che un’associazione a delinquere sia indistinguibile da uno Stato è stata sostenuta da Benedetto Croce, Santi Romano e Hans Kelsen; dopo l’esperienza del nazismo e delle sue atrocità, perpetrate in nome dello Stato e della legge, le questioni relative alla natura del diritto e alla relazione tra morale e diritto hanno assunto – come ha osservato Robert Alexy – «l’urgenza di un problema scottante», e la domanda filosofica sulla validità della legge ingiusta è apparsa ineludibile non solo ai maggiori filosofi del diritto (Herbert L.H. Hart, Alf Ross, Ronald Dworkin e lo stesso Alexy), ma alle stesse corti tedesche. (shrink)

The Normative Structure of Responsibility deals with responsibility in legal, moral, and linguistic contexts. The book builds on conceptual analysis and data from everyday language, ethics, and the law in order to defend the thesis that responsibility is fundamentally normative, that is, it cannot be reduced to purely descriptive factors. The book is divided in three parts: the first part draws a conceptual map of various responsibility concepts, conceptions and conditions and their interaction with different kinds of (...) rules; the second part engages with arguments in favour of a descriptive understanding of responsibility based on ethics, neuroscience, and metaphysics and argues against it; the third part investigates the language of responsibility and its use in formal and informal contexts. (shrink)

This paper considers the relation between the sources of normativity, reasons, and normative conflicts. It argues that common views about how normative reasons relate to their sources have important consequences for how we can understand putative normative conflicts.

This paper is a beginning—an initial attempt to think of the function and character of epistemic norms as a kind of social norm. We draw on social scientific thinking about social norms and the social games to which they respond. Assume that people individually follow epistemic norms for the sake of acquiring a stock of true beliefs. When they live in groups and share information with each other, they will in turn produce a shared store of true beliefs, an epistemic (...) public good. True beliefs, produced individually or in groups, constitute an epistemic good—one commonly stockpiled and distributed within a community. Epistemic norms can then be understood as a kind of socially developed and transmitted normative sensibility having to do with the production of this individual and public good. Epistemic norms should serve to regulate this practice—coordinating the practice of individuals so as to afford the benefits of life in an interdependent epistemic community—and to manage the risks of being epistemically dependent on others within such a community. Here, we provide some attempts to characterize the central aspects of "the epistemic game"—the epistemic choice situation confronted by communities of epistemic agents. (shrink)

Recently, there has been a large amount of support for the idea that causal claims can be sensitive to normative considerations. Previous work has focused on the concept of actual causation, defending the claim that whether or not some token event c is a cause of another token event e is influenced by both statistical and prescriptive norms. I focus on the policy debate surrounding alternative energies, and use the causal modelling framework to show that in this context, people’s (...) normative commitments don’t just affect the causal claims they are willing to endorse, but also their understanding of the causal structure. In the context of the alternative energy debate, normative considerations affect our understanding of the causal structure by influencing our judgements about which variables should be held fixed, and therefore which variables should be relegated to the background of a causal model. In cases of extreme disagreement, normative commitments can also affect which causal structure we think should be instantiated. Thus, focusing on a new context has revealed a previously unexplored sense in which normative factors are incorporated into causal reasoning. (shrink)

Sally Haslanger undertakes groundbreaking work in developing an account of structural explanations and the social structures that figure in them. A chief virtue of the account is that it can show the importance of structural explanations while also respecting the role of individual autonomy in explaining many decisions, by demonstrating the way in which social structures may set up a ‘choice architecture’ in which these choices are made. This paper gives an overview of this achievement, and goes on to consider (...) why there may be need to broaden the role of social structural explanations beyond those that involve explicit choice within a choice architecture. It develops the idea, familiar from work by Heidegger and Ingarden, that social artifacts, roles, and nodes in social structures may be constitutively defined by norms. It closes by suggesting that attention to the role of norms in social structures may enable us to broaden the account to include structural explanations of other kinds. (shrink)

Group beneficial norms are common in human societies. The persistence of such norms is consistent with evolutionary game theory, but existing models do not provide a plausible explanation for why they are common. We show that when a model of imitation used to derive replicator dynamics in isolated populations is generalized to allow for population structure, group beneficial norms can spread rapidly under plausible conditions. We also show that this mechanism allows recombination of different group beneficial norms arising in..