Several legal arguments use the notion of ratio legis in order to sustain a normative conclusion, in particular the argument from analogy and some forms of teleological argumentation. However, determining the ratio is often a difficult and controversial task. In this paper we look firstly at the speech acts typically performed by legal practitioners in order to determine the ratio and, secondly, we take into account the argumentative commitments they undertake in so doing and the argumentative constraints put on them. (...) This will lead us to distinguish different uses of the notion of ratio legis and to ask on what conditions each of them is justified. (shrink)

We remark that the A Contrario Argument is an ambiguous technique of justification of judicial decisions. We distinguish two uses and versions of it, strong and weak, taking as example the normative sentence “Underprivileged citizens are permitted to apply for State benefit”. According to the strong version, only underprivileged citizens are permitted to apply for State benefit, so stateless persons are not. According to the weak, the law does not regulate the position of underprivileged stateless persons in this respect. We (...) propose an inferential analysis of the two uses along the lines of the scorekeeping practice as described by Robert Brandom, and try to point out what are the ontological assumptions of the two. We conclude that the strong version is justified if and only if there is a relevant incompatibility between the regulated subject and the present case. (shrink)

In this paper we consider whether a pragmatics of semantic content can be a useful approach to legal interpretation. More broadly speaking, since a pragmatic conception of meaning is a component of inferential semantics, we consider whether an inferentialist approach to legal interpretation can be useful in dealing with some problems of this important aspect of law. In other words, we ask whether Legal Inferentialism is a suitable conception for legal interpretation. In Section 1 we briefly consider the semantics/pragmatics debate (...) in contemporary philosophy of language and in relation to legal interpretation. In Section 2 we discuss the relations between a pragmatics of semantic content and an inferentialist conception of content. In Section 3 we consider how Inferentialism can be applied to legal interpretation. Finally, in Section 4 we consider some possible advantages and drawbacks of Inferentialism applied to legal interpretation and adjudication. (shrink)

Abstract. The purpose of this paper is to address some of the main issues of contemporary jurisprudential methodology by considering the contribution of Jules Coleman to this subject. After a description of Coleman's methodological approach and a clarification of its philosophical background, the paper focuses on some related problems, such as the relation between linguistic meaning and conceptual content, the nature of legal concepts, the different aspects of the normativity of content, and the revisability of conceptual truths.

“Preunderstanding” is the core of the theoretical framework developed by legal hermeneutics. Legal interpretation is necessary guided by the know-how, the presuppositions and the attitudes of the interpreter. But if this is the case, how can we distinguish between a legitimate and a not legitimate preunderstanding, and also between a good and a bad interpretation? The paper tries to adress this question analyzing the structure of preunderstanding from the point of view of both legal hermeneutics and philosophical hermeneutics. The paper (...) argues, in particular, that the preunderstanding of the judge can be treated as legitimate if corresponding to the “real thing” regulated by the text. Such a criterion can be articulated methodologically by means of an inferential approach to conceptual content and legal process. (shrink)

This article critically focuses on the methodological aspects of Scott Shapiro’s book Legality . Indeed Shapiro’s book sets out several original theses about not only the nature of law and the main problems of jurisprudence, but also about how the nature of law can be discovered by jurisprudence. In this sense, the method of inquiry adopted by Shapiro can be considered as one of the most challenging outcomes of his research. The article is divided into two parts. In the first (...) two sections I shall analyze Shapiro’s jurisprudential approach by focusing on its resort to metaphysical vocabulary, conceptual analysis, constructive reasoning, and institutional explanation of law. In the following sections I will consider some of the problems that this approach gives rise to, and outline an alternative view on the nature of law stimulated by the discussion of Shapiro’s work. (shrink)

It is well known that experts’ opinion and testimony take on a decisive weight in judicial fact-finding, raising issues and perplexities that have long been under scholarly scrutiny. In this paper I argue that expert’s opinions have a much wider impact on legal decision-making. In particular, they may generate a problem that I will call ‘the opacity of law’. A legal text, such as a statute or regulation, becomes opaque if a legal authority is not able to grasp its full (...) linguistic content but is nevertheless in a position to use it, thanks to an expert’ opinion, in legal decision-making. When this occurs, not only do experts contribute to fact-finding but also to determining the content of the law. In the paper I analyse the linguistic and cognitive sources of this phenomenon, its characteristics and troublesome consequences, and the different kinds of opacity that may affect legal decision-making. (shrink)

Interpretation without Truth is the result of thirty years of research that Pierluigi Chiassoni has devoted to legal interpretation and legal reasoning. More generally, the book represents one of t...

It is well known that experts’ opinion and testimony take on a decisive weight in judicial fact-finding, raising issues and perplexities that have long been under scholarly scrutiny. In this paper I argue that expert’s opinions have a much wider impact on legal decision-making. In particular, they may generate a problem that I will call ‘the opacity of law’. A legal text, such as a statute or regulation, becomes opaque if a legal authority is not able to grasp its full (...) linguistic content but is nevertheless in a position to use it, thanks to an expert’ opinion, in legal decision-making. When this occurs, not only do experts contribute to fact-finding but also to determining the content of the law. In the paper I analyse the linguistic and cognitive sources of this phenomenon, its characteristics and troublesome consequences, and the different kinds of opacity that may affect legal decision-making. (shrink)

The A Simili Argument draws the conclusion that a target case has a normative property Q since it shares a relevant property P with a source case. It can be seen as a complex inference constituted by three inferential steps: An abduction of the relevant property P , an induction of the class having that property, and a deduction of the target's having property Q . A major problem of this argument is the characterization of the property relevance. The standard (...) answer refers to the notion of ratio: It is the ratio that fixes what is relevant for what. But the determination of the ratio is often a difficult and controversial task. This issue is considered here from an inferentialist point of view, claiming that the ratio and relevance are determined by the normative statuses reciprocally attributed by the speakers in the context of legal argumentation. (shrink)

Riggs v. Palmerhas become famous since Dworkin used it to show that legal positivism is defective. The debate over the merits of Dworkin's claims is still very lively. Yet not enough attention has been paid to the fact that the content of the statute at issue inRiggswas given by thecounterfactual intentionof the legislature. According to arguments from legislative intent, a judicial decision is justified if it is based on the lawmaker's intention. But can legislative intentions be determined counterfactually? More generally, (...) what are the discursive commitments undertaken by a lawyer or a judge, in an exchange of legal reasons, when using this interpretive methodology? This paper addresses these issues considering, in particular, David Lewis's “resemblance” condition and “relevant similarity” between possible worlds in the evaluation of counterfactual statements. The analysis sheds some new light on the debate on theoretical disagreements and shows that Dworkin's conception of law as an argumentative practice is not necessarily at odds with legal positivism. It rather allows us to look at it under a better light. (shrink)

The paper is about the uses of the argument from legislative counterfactual intention, in the field of legal interpretation and argumentation. After presenting the argument from intention in general, it distinguishes the varities of the argument from counterfactual legislative intention and discusses their justification conditions.

Extensive interpretation of legal provisions is in tension with the prohibition of reasoning by analogy in criminal law, for it is unclear what the difference is between the two. Some scholars claim that they differ from a theoretical point of view, since they do not have the same argumentative structure. On the other hand, the two come to the same result starting from the same legal materials: they justify the extension of a regulation to a case that is not explicitly (...) considered by the law. The paper deals with this issue discussing a recent Italian case and proposes an account of the distinction between the two based upon the principle of semantic tolerance and its inferential structure in legal argumentation. (shrink)

The paper introduces the debate, hosted by the present Journal, on Schauer's book The Force of Law. It points out some starting points of the discussion and puts into question the status of contemporary jurisprudence.

Legal scholarship has so far paid little attention to the concept of border, which is one of the reasons for the lack of clarity regarding the characteristics of public borders at the present time. This paper aims to contribute to fill this gap by looking at an apparently eccentric phenomenon regarding the contemporary transformation of state borders: the so-called border walls. At a first sight, border walls seem to reiterate the traditional functions of state borders. But their rising up as (...) physical uncrossable barriers signifies a strong change in their function and institutional nature. In the light of this, a question arises: Does the proliferation of border walls simply indicate a revival of the territorial sovereignty of the states, or is it a phenomenon with quite different characteristics? To answer this question the paper proceeds by first considering the distinctive features of modern public borders from a historical and theoretical point of view, and then distinguishing different types of border walls on the basis of their functional characteristics. This will help clarify whether border walls are an eccentric phenomenon compared to traditional state borders, and whether the analysis of their features leads us to reframe the traditional concept of state border. (shrink)

Reasoning by default is a relevant aspect of everyday life that has traditionally attracted the attention of many fields of research, from psychology to the philosophy of logic, from economics to artificial intelligence. Also in the field of law, default reasoning is widely used by lawyers, judges and other legal decision-makers. In this paper, a philosopher of language (Carlo Penco) and a philosopher of law (Damiano Canale) attempt to explore some uses of default reasoning that are scarcely considered (...) by legal theory. In particular, the dialogue dwells on the notion of literal meaning, witness testimony, and the problem of disagreement among experts in legal proceedings. The paper is intended as a sort of brain storming useful to identify new lines of research straddling philosophy of law, cognitive psychology and philosophy of language. (shrink)

Brian Bix, Damiano Canale, Timothy Endicott, Alessio Sardo, Frederick Schauer, and Giovanni Tuzet did me the honour of reading and critically commenting Interpretation without Truth (in the followi...

The notion of affordance has been introduced by Gibson (1977, 1979) as the feature of an object or the environment that allows the observer to perform an action, a set of “environmental supports for an organism’s intentional activities” (Reybrouck 2005). Studied under very different perspectives, this concept has become a crucial issue not only for the ecological psychology, but also for cognitive sciences, artificial intelligence studies, and philosophy of mind. This variety of approaches has widened the already ambiguous definition originally (...) provided by Gibson, contributing to the development of different standpoints in open contrast with each other (see Zipoli Caiani 2011). During the last two decades, moreover, many researchers tried to extend the notion also to musical experience, aiming to draw a coherent theory of musical affordances (e.g. Clarke 2005; Nussbaum 2007; Krueger 2011a; 2011b). In this paper, we will argue for a particular concept of musical affordances, that is, as we see it, one narrower and less ambiguous in scope and more closely related to its original. Taking the discovery of canonical neurons as our starting point, we will (i) introduce the general notion of affordance, (ii) discuss some significant contributions in this area of research, mostly focusing on musical affordances and (iii) propose a motor-based interpretation of musical affordances. (shrink)

The possibility of multi-location—of one entity having more than one exact location—is required by several metaphysical theories such as the immanentist theory of universals and three-dimensionalism about persistence. One of the most pressing challenges for multi-location theorists is that of making sense of exact location—in that extant definitions of exact location entail a principle called ‘functionality’, according to which nothing can have more than one exact location. Recently in a number of promising papers, Antony Eagle has proposed and defended a (...) definition of exact location in terms of weak location that does not entail functionality. This paper provides the first thorough assessment of Eagle’s proposal. In particular, we argue that it cannot account for the location of immanent universals, the multi-location of mereologically changing three-dimensional objects, the multi-location of mereologically complex objects, and that it makes extended simples impossible. (shrink)

This paper develops an endurantist theory of persistence. The theory is built around one basic tenet, which concerns existence at a time – the relation between an object and the times at which that object is present. According to this tenet, which I call transcendentism, for an object to exist at a time is for it to participate in events that are located at that time. I argue that transcendentism is a semantically grounded and metaphysically fruitful. It is semantically grounded, (...) insofar as a semantic analysis of our temporal talk favors it over rivals. It is metaphysically fruitful, insofar as the theory of persistence that can be built around it – the transcendentist theory of persistence, to give it a name – requires neither temporal parts nor the problematic commitments to which all extant forms of endurantism are committed, such as the possibility of extended simples or multilocation. (shrink)

Current theories propose that our sense of curiosity is determined by the learning progress or information gain that our cognitive system expects to make. However, few studies have explicitly tried to quantify subjective information gain and link it to measures of curiosity. Here, we asked people to report their curiosity about the intrinsically engaging perceptual ‘puzzles’ known as Mooney images, and to report on the strength of their aha experience upon revealing the solution image (curiosity relief). We also asked our (...) participants (279) to make a guess concerning the solution of the image, and used the distribution of these guesses to compute the crowdsourced semantic entropy (or ambiguity) of the images, as a measure of the potential for information gain. Our results confirm that curiosity and, even more so, aha experience is substantially associated with this semantic information gain measure. These findings support the expected information gain theory of curiosity and suggest that the aha experience or intrinsic reward is driven by the actual information gain. In an unannounced memory part, we also established that the often reported influence of curiosity on memory is fully mediated by the aha experience or curiosity relief. We discuss the implications of our results for the burgeoning fields of curiosity and psychoaesthetics. (shrink)

I provide an argument against the Aristotelian view of universals, according to which universals depend for their existence on their exemplifiers. The argument consists in a set of five jointly inconsistent assumptions. As such, the argument can be used to argue in favour of other conclusions, such as that exemplification is no relation or that plausible principles concerning ontological dependence or grounding do not hold.

The Monster Objection has often been considered one of the main reasons to explore non-standard mereological views, such as hylomorphism. Still, it has been rarely discussed and then only in a cursory fashion. This paper fills this gap by offering the first thorough assessment of the objection. It argues that different metaphysical stances, such as presentism and three- and four-dimensionalism, provide different ways of undermining the objection.

This article focuses on the frontier between the technological domain of production of artefacts and the naturalistic domain of the sciences of life and cognition. It shows that, since the 1940s, this frontier has become the place of production of an innovative kind of scientific knowledge??synthetic knowledge.? The article describes the methodology and the main characteristics of synthetic knowledge, and formulates a hypothesis on its epistemological genealogy. Accordingly, it characterizes synthetic knowledge as one of the most advanced expressions of a (...) heterodox tradition of research which, since the 1930s, has been promoting the development of a ?non-representationalist???constructivist??science. (shrink)

L’esame di un passo della Vita di Platone laerziana (III 2) – e di luoghi paralleli riferibili alla medesima tradizione – permette di mettere a fuoco un motivo mitico cruciale nei racconti sulla concorrenza tra essere umano e divinità nel gamos con una mortale: il divieto, che il nume impone al ‘rivale’ di inferiore natura, di congiungersi con la donna che reca in grembo il suo seme, finché l’eroina non abbia portato a termine la gravidanza. Le storie di personaggi femminili (...) colpevoli di duplice gamos – prima con il dio e poi, a breve distanza di tempo, con il mortale – si focalizzano sulle conseguenze nefaste del secondo contaminante connubio: uno per tutti il caso di Coronide madre di Asclepio (e forse il motivo era associato anche ad altre note madri mitiche, come Arianna, Semele e Alcmena). In questi esempi, tuttavia, in genere non è esplicitato il tema della proibizione divina, come invece accade nel bios di Diogene Laerzio. Qui infatti Apollo, dopo aver concepito Platone con Perictione, appare ad Aristone per vietargli il rapporto sessuale con la parthenos. (shrink)

Sahlqvist theory is extended to the fragments of the intuitionistic propositional calculus that include the conjunction connective. This allows us to introduce a Sahlqvist theory of intuitionistic character amenable to arbitrary protoalgebraic deductive systems. As an application, we obtain a Sahlqvist theorem for the fragments of the intuitionistic propositional calculus that include the implication connective and for the extensions of the intuitionistic linear logic.

Relativity theory is often said to support something called ‘the four-dimensional view of reality’. But there are at least three different views that sometimes go by this name. One is ‘spacetime unitism’, according to which there is a spacetime manifold, and if there are such things as points of space or instants of time, these are just spacetime regions of different sorts: thus space and time are not separate manifolds. A second is the B-theory of time, according to which the (...) past, present, and future are all equally real and there is nothing metaphysically special about the present. A third is perdurantism, according to which persisting material objects are made up of different temporal parts located at different times. We sketch routes from relativity to unitism and to the B-theory. We then discuss some routes to perdurantism, via the B-theory and via unitism. (shrink)

Persistence in Time No person ever steps into the same river twice—or so goes the Heraclitean maxim. Obscure as it is, the maxim is often taken to express two ideas. The first is that everything always changes, and nothing remains perfectly similar to how it was just one instant before. The second is that nothing … Continue reading Persistence in Time →.

Aim of this paper is to support the view that all human practical identities are contingent by arguing against the view that there is at least one necessary practical identity shared by all human beings, namely Humanity. The view that Humanity is a necessary practical identity is explicitly defended by Christine M. Korsgaard (Korsgaard, C. M. 1996. The Sources of Normativity, edited by O. O’Neill. Cambridge: Cambridge University Press; Korsgaard, C. M. 2009. Self-Constitution: Agency, Identity, and Integrity. New York: Oxford (...) University Press) and indirectly by Marya Schechtman (Schechtman, M. 2014. Staying Alive: Personal Identity, Practical Concerns, and the Unity of a Life. New York: Oxford University Press). Korsgaard understands Humanity both in terms of pure self-legislation, and as deep sociality. In the first case, Humanity as self-legislation faces what I call ‘Existential dilemma’: either Humanity has specific content, typical of contingent practical identities, but stops being necessary for all human beings; or Humanity is emptied of its content and is conceived of as necessary self-legislation, but stops being a practical identity. In the second case, i.e., Humanity as deep sociality, Korsgaard confuses the necessary natural fact that human beings are social creatures, with contingent contexts of human socialization, which are the true sources of specifically human practical identities. I articulate this confusion in the guise of what I call ‘Nature/nurture dilemma’, which also applies to the morally neutral account of human personhood advocated by Schechtman (Schechtman, M. 2014. Staying Alive: Personal Identity, Practical Concerns, and the Unity of a Life. Oxford University Press). In conclusion, I address the worry that without the necessary practical identity of Humanity we might not be able to extend our practical and moral concerns to distant fellow human beings by sketching an alternative path to extend such concerns. (shrink)

Burnout is a well-documented entity in Care Workers population, affecting up to 50% of physicians, just as it is equally well established that managing an infectious disease outbreaks, such as confirmed in the COVID-19 pandemic, increases Post-Traumatic Stress Disorder and the psychological burden. Mental health support, in the form of formal or remote sessions, has been shown to be helpful to health care staff, despite the organizational difficulties in an emergency. During the first emergence of COVID-19 in Italy, the Scientific (...) Institute for Research, Hospitalization and Health Care Istituto di Ricovero e Cura a Carattere Scientifico Policlinico San Matteo Foundation, the Italian hospital that treated “patient 1,” has activated an agreement with the Soleterre Foundation, an international Non-Governmental Organization that manages health emergency projects, to provide psychological support. A task force of psychologists was created with the aim of designing and administering a Therapeutic Mental Health Assessment for COVID-19 Care Workers to evaluate and support health care workers’ mental health. The assessment battery was developed to evaluate symptoms and behaviors associated with trauma and the corresponding maladaptive behaviors. Once the TMHA COVID-19 CWs had been developed, the team of psychologists regularly visited healthcare staff in the ward to administer it. One hundred seven care workers across Intensive Care Units, the emergency room and medical ward were administered the TMHA COVID-19 CWs. PTSD symptoms were reported as severe by 13% of the population. Depressive symptoms as severe for 7% and Anxiety symptoms as severe for 14%. Severe psychotic symptoms were experienced by 2% and severe suicidal thoughts by 1% of the population. The possibility of acting upon the results of the TMHA COVID-19 CWs allowed an early intervention through individual session beyond the cut-off level for PTSD in NSESSS. In fact, 280 individual support sessions were offered. Therefore, we considered our project a protective and support factor for healthcare workers’ mental well-being and we recommend implementing a mental health screening program in ward involved in COVID-19 patients’ care. (shrink)

Any complete account of morality should be able to account for its characteristic normativity; we show that enactivism is able to do so while doing justice to the situated and interactive nature of morality. Moral normativity primarily arises in interpersonal interaction and is characterized by agents’ possibility of irrevocably changing each other’s autonomies, that is, the possibility of harming or expanding each other’s autonomy. We defend that moral normativity, as opposed to social and other forms of normativity, regulates and, in (...) some cases, constitutes this very possibility. Agents are thus morally responsible for caring about their own and others’ autonomies in interaction. In our conception, moral normativity is embodied, situated, and deeply affective, and is constituted in social practices and maintained in interaction. We identify at least two necessary conditions for moral normativity to arise as a social practice. The first is our embodied constitution as living beings who are precarious and therefore vulnerable and in need of interaction with others and with the environment. The second is our sociolinguistic nature, which allows us to exponentially expand our possibilities for action and normatively distinguish among them. We finish by drawing a distinction between moral character and the moral content of interactions, which allows us to universally recognize the ethical dimensions of all human interaction while doing justice to the situated character of morals. (shrink)

The Aristotelian view of universals, according to which each universal generically depends for its existence on its instantiations, has recently come under attack by a series of ground-theoretic arguments. The last such arguments, presented by Raven, promises to offer several significant improvements over its predecessors, such as avoiding commitment to the transitivity of ground and offering new reasons for the metaphysical priority of universals over their instantiations. In this paper, we argue that Raven's argument does not effectively avoid said commitment (...) and that Raven's new reasons fail. Moreover, we present a novel ground-theoretic interpretation of the Aristotelian view, referred to as strong immanence, and introduce a new argument against the Aristotelian view, intended to sidestep any commitment to the transitivity of ground. (shrink)

We discuss the fate of the correspondence principle beyond quantum mechanics, specifically in quantum field theory and quantum gravity, in connection with the intrinsic limitations of the human ability to observe the external world. We conclude that the best correspondence principle is made of unitarity, locality, proper renormalizability (a refinement of strict renormalizability), combined with fundamental local symmetries and the requirement of having a finite number of fields. Quantum gravity is identified in an essentially unique way. The gauge interactions are (...) uniquely identified in form. Instead, the matter sector remains basically unrestricted. The major prediction is the violation of causality at small distances. (shrink)

Priority monism is the view that the cosmos is the basic concrete entity on which each of its parts depend. Kovacs has recently argued that none of the classical notions of dependence could be used to spell out priority monism. I argue that four notions of dependence – namely rigid existential dependence, generic existential dependence, explanatory dependence, and generalised explanatory dependence – can indeed be used to spell out priority monism, and specify the conditions under which this is possible.

The correspondence principle made of unitarity, locality and renormalizability has been very successful in quantum field theory. Among the other things, it helped us build the standard model. However, it also showed important limitations. For example, it failed to restrict the gauge group and the matter sector in a powerful way. After discussing its effectiveness, we upgrade it to make room for quantum gravity. The unitarity assumption is better understood, since it allows for the presence of physical particles as well (...) as fake particles (fakeons). The locality assumption is applied to an interim classical action, since the true classical action is nonlocal and emerges from the quantization and a later process of classicization. The renormalizability assumption is refined to single out the special role of the gauge couplings. We show that the upgraded principle leads to an essentially unique theory of quantum gravity. In particular, in four dimensions, a fakeon of spin 2, together with a scalar field, is able to make the theory renormalizable while preserving unitarity. We offer an overview of quantum field theories of particles and fakeons in various dimensions, with and without gravity. (shrink)