The focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea's (...) study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct. (shrink)

In this article, I defend a meta-normative account of constitutivism by specifically addressing what I take to be a fundamental criticism of the constitutivist stance, namely, the objection that constitutive standards have conceptual, not normative, force, and so that no practical normativity can be extracted from them as constitutive of agency. In reply to this objection, I argue that the conceptual role of the standards constitutive of agency? their applying to us by virtue of our being the kinds of creatures (...) we are? does not exclude, but rather combines with, the normative role the same standards play in our practical life. (shrink)

In this essay, I will engage with the controversy that has sprung up between the proponents of the sharp separation thesis and those of the entanglement thesis. What I will be defending is a variant of the entanglement thesis. By drawing on contemporary action theory and on epistemic conceptualism, I will argue that, while objective facts and practical norms are indeed distinct categories of thought, that distinction does not amount to a conceptual gap—a dichotomy or unbridgeable divide. Their relation, in (...) other words, is not one of logical dualism but one of mere (analytical) distinction between interdependent categories of thinking. Hence the entanglement view on which distinction does not entail dichotomy. (shrink)

In this contribution, I defend a robust model of political idealism, making the case for such an approach to both the theory and practice of politics. On this view, not only in framing a political philosophy but also in putting forward policy proposals and institutional designs, we need not think about feasibility as an overriding, make-or-break criterion for evaluating the soundness of that theory or proposal, neither of which loses its point simply because it is deemed to be unlikely to (...) be implemented. Feasibility, in other terms, cannot be taken as the only standard, or even as the main standard, on which basis to assess the practical worth of a political strategy. (shrink)

This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialectical notion of rationality this alternative account espouses an ambitious (...) approach to reasoning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their reciprocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive. (shrink)

Meaning and status -- Generality and moral quality -- Content-dependence and discursive character -- Why grounds are needed -- Grounding the normativity of practical reason -- Grounding the normative claim and force of law.

This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialec-tical notion of rationality this alternative account espouses an ambitious (...) approach to rea-soning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their recip-rocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive. (shrink)

This essay tackles head on the argument that sees an inherent paradox in the autonomy of the will as the ground for the authority of the fundamental practical norms. It points out that only on reductive understandings of the autonomy of the will can this idea be qualified as paradoxical, thereby yielding outcomes that either contradict their premises or present autonomy under a false guise. With that done, it will proceed to offer a conception of the autonomy of the will (...) which is not vulnerable to the paradox, and which may therefore be equipped to rest the fundamental practical norms on solid ground. Throughout this discussion, I will rely on constitutivism about practical reasons to specifically defend the twofold conclusion that (a) the paradox of autonomy can be avoided and that, relatedly, (b) if autonomy is properly conceptualised, it is fully equipped and well positioned to ground the authority of the fundamental practical norms. (shrink)

This paper offers a critical assessment of the way the influential “conception of law as a shared activity” explains the normative component of law in general and legal obligation in particular. I argue that the conception provides a bipartite account of legal obligation: we have full-blooded legal obligation, carrying genuine practical force, and legal obligation in a perspectival sense, the purpose of which is not to engage with us in practical reasoning, but simply to state what we ought to do (...) if we should take the perspective of individuals subject to the jurisdiction of the legal system. This structural feature makes the whole account disjointed, giving it a lack of unity from which stem what I take to be its three main problems, namely, its limited scope, its failure to recognize the moral features of obligation when made to arise out of law as a shared activity, and its failure to illustrate the sense in which law is widely recognized to be a practical institution. (shrink)

In this paper the argument from coherence is submitted to a critical analysis. First, it is argued to be a complex form of coordinative argumentation, structured on various argumentative levels. Then, using the pragma-dialectical theory of argumentation a distinction is brought out between two basic forms of the argument from coherence: in one use this argument occurs as a sequence of two symptomatic arguments; in the other use we have a main symptomatic argument supported by a subordinate pragmatic argument. Finally, (...) from an evaluative point of view it is assessed whether the argument from coherence can be found acceptable as a tool for settling disputes. It is claimed that in general, we can welcome this argumentative structure as sound and fully acceptable provided that we are aware of the interpretative discretion its use implies. (shrink)

An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty, and right. These require us to acknowledge the normative dimension of law. Normativity is, accordingly, to be regarded as a central feature of law lying at the heart of any comprehensive legal-theoretical project. The essays collected in this book are meant to further our understanding of the normativity of law. More specifically, the book stages (...) a thorough discussion of legal normativity as approached from three strands of legal thought that are particularly influential and which play a key role in shaping debates on the normative dimension of law: the theory of planning agency, legal conventionalism and the constitutivist approach. While the essays presented here do not aspire to give an exhaustive picture of these debates--an aspiration that would be, by its very nature, unrealistic--they do provide the reader with some authoritative statements of some widely discussed families of views of legal normativity. In pursuing this objective, these essays also encourage a dialogue between different traditions of study of legal normativity, stimulating those who would not otherwise look outside their tradition of thought to engage with new ideas and, ultimately, to arrive at a more comprehensive account of the normativity of law.--Provided by publisher. (shrink)

Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a (...) subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy and jurisprudence. (shrink)

In this paper, I present a critique of inclusive positivism. Inclusive positivism is an untenable position, I argue, because the connection between law and critical morality is conceptual and thus more than merely an accident or a possibility: at the foundation of law we find social facts, but we also and importantly find moral evaluations. This thesis is supported by an argument showing in essence that law cannot exist apart from justification and that justification is a morally coloured practice. For (...) justification proceeds from directives freighted with values. A directive in turn acquires values (and so becomes justifiable) by meeting certain requirements: not those of instrumental reason or of prudential reason, but those of morality, and not just any morality, but critical morality. (shrink)

In this paper, I present a critique of inclusive positivism. Inclusive positivism is an untenable position, I argue, because the connection between law and critical morality is conceptual and thus more than merely an accident or a possibility: at the foundation of law we find social facts, but we also and importantly find moral evaluations. This thesis is supported by an argument showing in essence that law cannot exist apart from justification and that justification is a morally coloured practice. For (...) justification proceeds from directives freighted with values. A directive in turn acquires values (and so becomes justifiable) by meeting certain requirements: not those of instrumental reason or of prudential reason, but those of morality, and not just any morality, but critical morality. (shrink)

This essay discusses a foundation of the connection argued to exist between law and practical reason that has proved to be highly influential and debated in contemporary legal philosophy – Alexy’s. After reconstructing Alexy’s conception of practical reason as well as its foundation, I criticise the weak transcendental-pragmatic argument Alexy uses to ground the authority of practical reason. This argument, I argue, can only show why occasionally, as opposed to necessarily, we ought to follow the guidance of practical reason, and (...) consequently makes the authority of practical reason ultimately dependent on an individual decision. By building on this criticism, in the second part of the essay I introduce and discuss an alternative argument that, by appealing to the idea of constitutive necessity, can provide a non-contingent basis for the validity of practical reason. (shrink)

In this paper, I seek to establish which sort of entity a legal obligation is. I will first consider that in the literature several referents have been associated to legal obligation. Some of them are linguistic in nature, whilst others have a factual quality or an ideal quality. After criticising the reductions of legal obligation to a linguistic object and to a state of affair, qua fact of some kind, I pass to explore the claim that legal obligation is best (...) conceptualised as an intersubjective reason for action. In this context, I will also claim that, from the perspective on legal ontology, reasons for action (and thus the obligations the law engenders) are ideal objects, or mental constructs, of a distinct quality. For, qua objects of thought, legal obligations are not merely psychological entities existing in the minds of the individuals imposing them or in the minds of the individuals subject to them. By contrast, they are abstract constructs that possess a somehow objective (or at least interpersonal, qua non-purely-psychological) reality. The final part of the essay will be devoted to discuss the implications that this ontological characterisation of legal obligation has for our understanding of law. (shrink)

In the introductory essay, the editors will provide an overview of the debates on legal obligation the contributions of this volume directly engage with.

This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common (...) thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume. (shrink)

In this article, the theory of argumentation set out by the Dutch scholars Frans van Eemeren and Rob Grootendorst is brought to bear in subjecting the general form of the argument from coherence to a critical analysis. First, a distinction is brought out between two basic kinds of argument from coherence: in one use this argumentative structure occurs as a sequence of two arguments establishing that a standpoint constitutes a particular instantiation or a inherent quality of the system it will (...) become part of (symptomatic argument); in the other use we have a main symptomatic argument supported by a subordinate argument appealing to instrumental considerations (pragmatic argument). It is then claimed that arguments from coherence are complex types of argumentation, structured at various argumentative levels, where the premises must be taken together to yield an adequate defence of the conclusion (coordinative argumentation). Finally, an evaluative assessment is made as to whether arguments from coherence can serve acceptably as tools for settling disputes: it will be maintained that we can generally welcome these argumentative structures as sound and fully acceptable provided we are aware of the interpretive discretion their use entails. (shrink)

Transhumanism and Gnosis: A Parallelism The aim of this paper is to draw a parallel between the phenomenon of gnosis and transhumanism together with its ultimate version, posthumanism. After some methodological clarifications, the paper focuses on four confrontational axes: self-recognition, cosmic and anthropological dualism, the meaning of morality, death and suffering, and finally the promise of salvation. Finally, the two doctrines are framed within the context of the Gnostic revolution, emphasizing the sense of uprootedness and post-modernity to explain the resurgence (...) of these phenomena. (shrink)

En el campo de los estudios sociales del arte, numerosas investigaciones indagan la sexualidad y el erotismo de distintas danzas en Argentina (por ejemplo, tango, música electrónica, cuarteto, etc.). Sin embargo, identificamos un área de vacancia respecto de la danza contemporánea. De este modo, en el siguiente trabajo reponemos los sentidos nativos de los erotismos en el mundo de la danza contemporánea independiente en el Valle de Paravachasca (Córdoba, Argentina), a partir de una investigación etnográfica colaborativa. Realizamos un trabajo de (...) participación observante entre 2018 y 2022 desde un enfoque corpóreo. Asimismo, para el presente estudio entrevistamos a ocho bailarinas que performan diferentes identidades de género (cis, bisexual y trans). Empleamos un proceso de construcción de datos reflexivo y colaborativo de co-interpretación y co-teorización, con el aporte de la teoría fundamentada. Identificamos un erotismo ampliado que se caracteriza por la pluralidad, el placer y la no reducción a lo sexual. Distinguimos analiticamente tres tipos de erotismos (sexuales, sensuales y estéticos) que toman cuerpo de forma singular y dinámica en cada bailarina. Los erotismos se organizan bajo un régimen de ocultamiento y de discreción, en función del ethos y la micropolítica de este mundo del arte, que configura una cultura afectiva, donde una de las líneas de composición es una ética del cuidado relacionada a una ética feminista. Este análisis aporta al estudio del erotismo en la danza contemporánea, específicamente desde el interior provinciano. (shrink)

The five-volume set Kant and Philosophy in a Cosmopolitan Sense contains the proceedings of the Eleventh International Kant Congress, which took place in Pisa in 2010. The proceedings consist of 25 plenary talks and 341 papers selected by a team of international referees from over 700 submissions. The contributions span 14 sections: Kant’s Concept of Philosophy; Theory of Cognition and Logic; Ontology and Metaphysics; Ethics; Law and Justice; Religion and Theology; Aesthetics; Anthropology and Psychology; Politics and History; Science, Mathematics, and (...) the Philosophy of Nature; Kant and the Leibnizian Tradition; Kant and the Philosophical Tradition; Kant and Schopenhauer; and Kant’s Heritage. Thanks to cooperation from the Schopenhauer Gesellschaft, the 2010 conference was the first in the history of the International Kant Congress to include a session on Kant and Schopenhauer. -/- . (shrink)

Paraconsistent Weak Kleene logic is the 3-valued logic with two designated values defined through the weak Kleene tables. This paper is a first attempt to investigate PWK within the perspective and methods of abstract algebraic logic. We give a Hilbert-style system for PWK and prove a normal form theorem. We examine some algebraic structures for PWK, called involutive bisemilattices, showing that they are distributive as bisemilattices and that they form a variety, \, generated by the 3-element algebra WK; we also (...) prove that every involutive bisemilattice is representable as the Płonka sum over a direct system of Boolean algebras. We then study PWK from the viewpoint of AAL. We show that \ is not the equivalent algebraic semantics of any algebraisable logic and that PWK is neither protoalgebraic nor selfextensional, not assertional, but it is truth-equational. We fully characterise the deductive filters of PWK on members of \ and the reduced matrix models of PWK. Finally, we investigate PWK with the methods of second-order AAL—we describe the class \ of PWK-algebras, algebra reducts of basic full generalised matrix models of PWK, showing that they coincide with the quasivariety generated by WK—which differs from \—and explicitly providing a quasiequational basis for it. (shrink)

Die vorliegende Arbeit zielt darauf ab, Momente der Husserlschen Phänomenologie hervorzuheben, in denen diese an ihre Grenzen stößt. Der Ausweis dieser Grenzphänomene, die in der Husserl-Literatur bisher noch nicht systematisch untersucht worden sind, steht im Zentrum der Arbeit. Der Autor hat sich systematisch mit phänomenologisch orientierten Autoren zeitgenössischer Philosophie auseinandergesetzt u. a. mit der Absicht, die Fruchtbarkeit der Husserlschen Analysen für die zeitgenössische Philosophie hervorzuheben.

Nicola Guarino is widely recognized as one of the founders of applied ontology. His deep interest in the subtlest details of theoretical analysis and his vision of ontology as the Rosetta Stone for semantic interoperability guided the development and understanding of this domain. His motivations in research stem from the conviction that all science must be for the benefit of society at large, and his motto has always been that ontologies are not just for making information systems interoperable, but – (...) more importantly – for ensuring that systems’ users understand each other. He was among the first to recognize that applied ontology must be an interdisciplinary enterprise if it is to capture the intended meaning of the terms used by an information system. (shrink)

This book explores what it means to exist in virtual worlds. Chiefly drawing on the philosophical traditions of existentialism, it articulates the idea that — by means of our technical equipment and coordinated practices — human beings disclose contexts or worlds in which they can perceive, feel, act, and think. More specifically, this book discusses how virtual worlds allow human beings to take new perspectives on their values and beliefs, and explore previously unexperienced ways of being. Virtual Existentialism will be (...) useful for scholars working in the fields of philosophy, anthropology, media studies, and digital game studies. (shrink)

My chapter deals with an important part of how Wolff pursued the normative ambitions of his ethics in giving practical guidance with regard to specific moral issues. I first consider how Wolff’s ethics tackles the duties to others, which traditionally represent a difficult issue for moral perfectionism. In this regard, I argue that Wolff’s strategy combines two aspects: (a) he includes in perfection non-active aspects and (b) operates with an agent-neutral notion of perfection, in spite of important passages that might (...) suggest differently. I then focus on Wolff’s treatment of the duties concerning veracity and lying, and show how it follows that general strategy. Combining its two aspects, Wolff examines specific moral issues by adopting a non-welfarist notion of benefit and harm as the standard that can give guidance about practical cases. (shrink)

This paper focuses on the relationship between Kant and the traditional view of dignity. I argue that some amendments to Sensen’s description of the traditional paradigm enable us to see more clearly both where Kant adheres to the latter and where his view is original. First, a consideration of Pufendorf’s use of dignity suggests (1) that, contrary to Sensen’s reconstruction, the traditional paradigm does not entail a connection between dignity and duties to oneself, and (2) that Pufendorf’s understanding of dignity (...) as a kind of esteem, as opposed to price, provides a crucial mediation between the traditional view and Kant’s view. Finally, I argue that the traditional understanding of dignity also includes a subordinate justificatory element that helps to explain Kant’s use of dignity in the Doctrine of Virtue. (shrink)

dolce, the first top-level ontology to be axiomatized, has remained stable for twenty years and today is broadly used in a variety of domains. dolce is inspired by cognitive and linguistic considerations and aims to model a commonsense view of reality, like the one human beings exploit in everyday life in areas as diverse as socio-technical systems, manufacturing, financial transactions and cultural heritage. dolce clearly lists the ontological choices it is based upon, relies on philosophical principles, is richly formalized, and (...) is built according to well-established ontological methodologies, e.g. OntoClean. Because of these features, it has inspired most of the existing top-level ontologies and has been used to develop or improve standards and public domain resources. Being a foundational ontology, dolce is not directly concerned with domain knowledge. Its purpose is to provide the general categories and relations needed to give a coherent view of reality, to integrate domain knowledge, and to mediate across domains. In these 20 years dolce has shown that applied ontologies can be stable and that interoperability across reference and domain ontologies is a reality. This paper briefly introduces the ontology and shows how to use it on a few modeling cases. (shrink)

This study explores the downsizing propensity of family and non-family firms by considering their territorial embeddedness during both periods of economic stability and financial crisis. By drawing on a panel dataset of Spanish manufacturing firms for the period 2002–2015, we show that, all things being equal, family firms have a lower propensity to downsizing than non-family firms. When considering the effect of territorial embeddedness, we found that territorially embedded family firms have an even lower propensity to downsizing than their non-family (...) counterparts. Furthermore, the concern of territorially embedded family firms for their employees’ welfare was particularly pronounced during the years of the global financial crisis. This result is explained by the existence of socially proximate relationships with the firms’ immediate surroundings, based on similarity and a sense of belonging, which push deeply rooted family firms to treat their employees as salient stakeholders during hard times. Overall, our study stresses the importance of local roots in moderating the relationship between family firms and downsizing. (shrink)