Nella storia della fortuna di Cicerone, l’età della Controriforma è un periodo non specificamente indagato, benché la presenza dell’oratore sia fondamentale nella formazione di molti protagonisti del rinnovamento cattolico e poi nei nuovi sistemi educativi elaborati per formare un clero più qualificato. L’articolo intende mettere in luce il ruolo centrale assunto da Cicerone in tale delicata fase storica, concentrandosi in particolare sulla figura esemplare di Girolamo Ragazzoni, commentatore delle Epistulae ad Familiares e volgarizzatore delle Filippiche. Ragazzoni, da giovane umanista in (...) stretto contatto con Paolo Manuzio e Carlo Sigonio, parteciperà al Concilio, tenendone l’orazione conclusiva, per poi diventare nel 1577 vescovo di Bergamo: lì, operando in collaborazione con Carlo Borromeo, si rivelerà uno dei più solerti esecutori dell’opera di riforma interna alla Chiesa, in particolare nel settore pedagogico e scolastico. (shrink)

Transdisciplinary research knits together knowledge from diverse epistemic communities in addressing social-environmental challenges, such as biodiversity loss, climate crises, food insecurity, and public health. This paper reflects on the roles of philosophy of science in transdisciplinary research while focusing on Indigenous and other subaltern forms of knowledge. We offer a critical assessment of demarcationist approaches in philosophy of science and outline a constructive alternative of transdisciplinary philosophy of science. While a demarcationist focus obscures the complex relations between epistemic communities, transdisciplinary (...) philosophy of science provides resources for meeting epistemic and political challenges of collaborative knowledge production. (shrink)

In recent times, representation theory has become one of the most productive and interesting sub-fields in democratic theory. Arguably, the most important theoretical innovation are the so-called ‘constructivist’ approaches to political representation. These approaches play a central role in Creating Political Presence: The New Politics of Democratic Representation and The Constructivist Turn in Political Representation, two impressive volumes that take stock of the state of the art in representation theory. I discuss the two volumes by focusing on three broader and (...) interconnected themes: the problem that constructivism is meant to respond to, the tendency of representation theorists to expand the possibilities of representation as broadly as possible, and the normative aspects of political representation and how constructivists deal with them. (shrink)

In recent times, representation theory has become one of the most productive and interesting sub-fields in democratic theory. Arguably, the most important theoretical innovation are the so-called ‘constructivist’ approaches to political representation. These approaches play a central role in Creating Political Presence: The New Politics of Democratic Representation and The Constructivist Turn in Political Representation, two impressive volumes that take stock of the state of the art in representation theory. I discuss the two volumes by focusing on three broader and (...) interconnected themes: the problem that constructivism is meant to respond to, the tendency of representation theorists to expand the possibilities of representation as broadly as possible, and the normative aspects of political representation and how constructivists deal with them. (shrink)

Digital communication technologies led to a revolution in how people interact at work: relying on computer-mediated communication technologies is now a must, rather than an alternative. This empirical study investigates how colleagues in a virtual team use synchronous online communication platform in the workplace. Inspired by the conceptualisation of web-based communication platforms as tool, place or context of social construction, we explore the discursive strategies that contribute to the construction of the team’s shared sense of purpose and identity, a collegial (...) atmosphere and consequently lead to effective collaboration. The close analyses of real-life data from a multinational workplace provide insights into the everyday communication practices of virtual team members. Our findings supplement organisational literature based on etic observations of the effectiveness of virtual work and provide a basis for further theorisations about how communication technologies affect the ecology of and discourse practices in computer-mediated communication at work. (shrink)

Why are people and institutions more inclined to tolerate a street art piece rather than a graffiti tag? Even if legally authorized, graffiti still largely epitomizes a symptom of urban decay, while municipalities hire street artists to rehabilitate poor neighbourhoods with their stunning artworks. Starting from this assumption, the aim of this article is to understand the political roots of such negative attitude towards graffiti in the western imaginary. In doing so the article addresses graffiti as an epistemological object. First, (...) by following Jean Baudrillard, who looks at graffiti as a counter-colonial phenomenon rather than a form of self-expression, the article explores and debunks the most common epistemological attitudes towards graffiti. Second, through an accurate historical and political analysis of New York’s welfare and city planning policy, it is shown how graffiti became a pivotal topic in the politics of demonization and exclusion of the ethnical minorities during the Reagan presidency. Drawing from Craig Watkins’ notion of ‘ghettocentric imagination’ – a racial discourse produced by emphasizing images of inner-city villainy within American film production – the ideological use of graffiti aesthetics in visual communication is termed ‘toxicscape’. By displaying ‘toxicscapes’, American narrative cinema uses graffiti as fetishist visual objects that drive the audience in perceiving graffiti (and events or characters related to them) as ‘toxic objects’. Therefore, in the second part of the article, a reconstruction of the American conservative discourse involving graffiti is proposed. The text analyses toxicscapes by focusing on action-crime films of the 1970s and 1980s, such as Death Wish (Winner, 1974), Fort Apache, The Bronx (Petrie, 1981), Escape from New York (Carpenter, 1981), Colors (Hopper, 1988) and Batman (Burton, 1989). Finally, hip-hop visual narratives like Wild Style (Ahearn, 1983), Bomb the System (Lough, 2002), The Graffiti Artist (Bolton, 2004) and The Get Down (2016) are addressed as an alternative to the toxicscape for their employment of graffiti in a more progressive and dramaturgical sense. In conclusion, graffiti appear to be challenging ideological and epistemological objects. Therefore, a more accurate analysis of the graffiti discourse that stemmed in the 1970s and 1980s would provide a more critical and sophisticated perspective to the understanding of contemporary ‘street art’s’ political and cultural investment. (shrink)

Populism is widely thought to be in tension with liberal democracy. This article clarifies what exactly is problematic about populism from a liberal–democratic point of view and goes on to develop normative standards that allow us to distinguish between more and less legitimate forms of populism. The point of this exercise is not to dismiss populism in toto; the article strives for a more subtle result, namely, to show that liberal democracy can accommodate populism provided that the latter conforms to (...) particular discursive norms. What the article calls a ‘liberal ethics of populism’ turns out to be closely bound up with a broader ethics of peoplehood, understood as a way of articulating who ‘the people’ are in a way that is compatible with liberal–democratic principles of political justification. Such an ethics, concludes the article, inevitably has a much wider audience than populist political actors: its addressees are all those who seek legitimately to exercise power in the name of the people. (shrink)

A citizen of Early Renaissance Florence that stepped out into the streets and entered the spaces of his civic world joined a concert of creative formal behaviors in which he was at once an actor and a spectator. His problem here was to interpret the complex web of overlapping, conflicting and simultaneous meanings he would have read in the actions and images by which the community directed him and represented itself, and find his own place and set his standing. On (...) most occasions he would probably have elected for a state of suspension, a floating of multiple possibilities he was loath to precipitate in too stable a form: in ambiguity the citizen of Florence developed a richness of signification, and found a refuge. (shrink)

Focused on city-scale automation, and using self-driving cars (SDCs) as a case study, this article reflects on the role of AI—and in particular, computer vision systems used for mapping and navigation—as a catalyst for urban transformation. Urban research commonly presents AI and cities as having a one-way cause-and-effect relationship, giving undue weight to AI’s impact on cities and overlooking the role of cities in shaping AI. Working at the intersection of data science and social research, this paper aims to counter (...) this trend by exploring the reverse perspective: how do cities affect the development, and expose the present limits, of SDCs? The contribution of this paper is threefold. First, by comparing urban and nonurban environments and thoroughly examining the relationship between computer vision and city-specific sociality and form, it defines machine autonomy/automation as a function of the sociotechnical milieu in which an AI system operates. Second, and related, the paper problematizes the notion of SDCs as autonomous technologies and the role it plays in envisioning contending policy arrangements and technical solutions for achieving full driving automation. Finally, the article offers insight into a materialist and spatialized understanding of AI—namely, not as an abstract quality susceptible to replication within discrete machines, but rather as a distributed property emerging through embodied interactions among a multiplicity of agents (human, non-human, and technological) within/with their environments. (shrink)

A citizen of Early Renaissance Florence that stepped out into the streets and entered the spaces of his civic world joined a concert of creative formal behaviors in which he was at once an actor and a spectator. His problem here was to interpret the complex web of overlapping, conflicting and simultaneous meanings he would have read in the actions and images by which the community directed him and represented itself, and find his own place and set his standing. On (...) most occasions he would probably have elected for a state of suspension, a floating of multiple possibilities he was loath to precipitate in too stable a form: in ambiguity the citizen of Florence developed a richness of signification, and found a refuge. (shrink)

Popular sovereignty requires that citizens perceive themselves as being able to act and implement decisions, and that they are de facto causally connected to mechanisms of decision making. I argue that the two most common understandings of the exercise of popular sovereignty—which center on direct decision making by the people as a whole and the indirect exercise of democratic agency by elected representatives, respectively—are inadequate in this respect, and go on to suggest a complementary account that stresses the central role (...) of internally democratic and participatory political parties in actualising popular sovereignty, drawing on the democratic theory of Hans Kelsen. (shrink)

Populism is widely thought to be in tension with liberal democracy. This article clarifies what exactly is problematic about populism from a liberal–democratic point of view and goes on to develop...

Populist movements have become key players in European politics. These movements are readily criticized by journalists or political rivals, yet none of the common objections to populism seems to arrest their success. This article turns to normative political theory to cultivate sensitivity to problems arising from some existing arguments against populism, and to explore possible alternatives. It offers a critical reading of prototypical liberal and conservative arguments against populism, and proposes that the principles of solidarity and procedure provide good grounds (...) for a sustainable critique of populism. (shrink)

In a recent paper, Pruss proves the validity of the rule beta-2 relative to Lewis’s semantics for counterfactuals, which is a significant step forward in the debate about the consequence argument. Yet, we believe there remain intuitive counter-examples to beta-2 formulated with the actuality operator and rigidified descriptions. We offer a novel and two-dimensional formulation of the Lewisian semantics for counterfactuals and prove the validity of a new transfer rule according to which a new version of the consequence argument can (...) be formulated. This new transfer rule is immune to the counter-examples involving the actuality operator and rigidified descriptions. However, we show that counter-examples to this new rule can also be generated, demanding that the Lewisian semantics be generalized for higher dimensions where counter-examples can always be generated. (shrink)

In a recent article, P. Roger Turner and Justin Capes argue that no one is, or ever was, even partly morally responsible for certain world-indexed truths. Here we present our reasons for thinking that their argument is unsound: It depends on the premise that possible worlds are maximally consistent states of affairs, which is, under plausible assumptions concerning states of affairs, demonstrably false. Our argument to show this is based on Bertrand Russell’s original ‘paradox of propositions’. We should then opt (...) for a different approach to explain world-indexed truths whose upshot is that we may be morally responsible for some of them. The result to the effect that there are no maximally consistent states of affairs is independently interesting though, since this notion motivates an account of the nature of possible worlds in the metaphysics of modality. We also register in this article, independently of our response to Turner and Capes, and in the spirit of Russell’s aforementioned paradox and many other versions thereof, a proof of the claim that there is no set of all true propositions one can render false. (shrink)

It is a widely held principle that no one is able to do something that would require the past to have been different from how it actually is. This principle of the fixity of the past has been presented in numerous ways, playing a crucial role in arguments for logical and theological fatalism, and for the incompatibility of causal determinism and the ability to do otherwise. I will argue that, assuming bivalence, this principle is in conflict with standard views about (...) knowledge and the semantics for ‘actually’. I also consider many possible responses to the argument. (shrink)

Este libro ofrece una introducción al análisis de la historia del pensamiento conservador y derechista en América Latina y en la Península Ibérica a través de estudios enfocados en diversas épocas, regiones y temas. Describe cómo este pensamiento se desarrolló desde los comienzos del siglo XIX hasta finales del siglo XX, y cómo legitimaba las acciones y el poder de los conservadores y de la derecha. Asimismo subraya la ambigüedad y heterogeneidad del pensamiento conservador y derechista, a la vez que (...) examina las múltiples conexiones, relaciones y similitudes entre sus diferentes corrientes. (shrink)

ABSTRACT The article deals with the early career of the literary critic Alberto Asor Rosa, one of the founders of the operaismo movement, a Marxist tendency advocating the management of factories by workers through bottom-up councils. It outlines the role he assigned to literature and culture, investigating his criticism first against the non-revolutionary cultural politics of the Italian Communist Party, notoriously through his book Scrittori e popolo and his writings for the periodical classe operaia, then identifying a transition from a (...) destructive approach against any culture based on values to the use of cultural disciplines purely as techniques. The article posits that this instrumental understanding of culture depended on Asor Rosa’s political choice to take the perspective of the working class, in order to use culture itself for social analysis. In the second half of the decade, contributing to the periodicals Angelus novus and Contropiano, he still considered culture ineffective as a way towards revolution, but he began to value the great works of ʻbourgeois’ literature for their ability to penetrate the middle-class spirit and undermine capitalist society. The article concludes that, despite his changing idea of culture, Asor Rosa’s opinions on the intellectual’s task fit the traditional concept of it. (shrink)

Plutarch’s account of Lucullus unsuccessfully begging his soldiers to follow him further, shortly before being forced to leave his command, is commonly read as the apex of his failure as a military leader. A close reading, however, reveals two hitherto overlooked aspects. Firstly, the story offers valuable information on late Republican military history, regarding the duration of military service before Augustus’ reform and the existence of clearly defined subgroups within the army. Secondly, the conflict between Lucullus and his soldiers allows (...) us to get a glimpse of the political debate of the time, characterised by the competing claims to Sulla’s heritage, the shift of military loyalty towards specific individuals, and above all the question of who really represented the interests of the res publica. (shrink)

This contribution explores the role that the Sense of Responsible Togetherness (SoRT) exerts with reference to Participation and Sense of Community. The study was conducted on a university campus, as campuses represent places where academic and community lives go hand in hand and the community is heterogeneous. A questionnaire with the SoRT scale, the Participation scale and the Italian Scale of the Sense of Community (SISC) was administered to 130 university students. SoRT had a significant indirect effect on the students’ (...) Participation via their Sense of Community, suggesting that the promotion of individuals’ Sense of Responsible Togetherness within their community, along with the emotional and affective bond to it, may allow us to recover symbolic and physical spaces in which participation can be fostered. A need for and significance of interventions aimed at promoting collective actions within intermediate systems (groups, educational systems, work ones, etc.). (shrink)

ABSTRACT Quaderni piacentini, set up in 1962 by Piergiorgio Bellocchio and Grazia Cherchi, was probably the most iconic leftist periodical in Italy before 1968. Its criticism against both the Italian Communist Party for its non-revolutionary policy and the reformist centre-left coalition, its uncompromising ethics, and its exploring into non-orthodox Marxist approaches made it representative of the intellectual New Left in Italy, against the background of advanced industrialization. This article explores the changing perception of the role of intellectuals in society from (...) classic forms of an elitist political involvement to the desired identification with the masses. It argues that between the two different ways to approach culture that intersected in Quaderni piacentini and characterized the debate around 1968, namely the one expressed by Franco Fortini – advocate of the function of intellectuals and of the use of literature for political purposes – and the one supported by Alberto Asor Rosa – convinced of the need for a self-destruction of traditional ʻbourgeois' disciplines – the periodical tended to side with the former, in order to keep culture a credible and legitimate tool for militancy. (shrink)

Solidarity can be conceived in multiple ways. This article probes possible underlying ontological and normative assumptions of solidarity. In order to conceptually clarify the notion of solidarity, we distinguish between five types of solidarity. We suggest that solidarity is either grounded in the Enlightenment ideas of liberty, or a category of loyalty and allegiance. If the former is the case, solidarity can be justified on rational grounds. If the latter is the case, it is contingent on narratives of historical continuity (...) and a non-rational sense of belonging. Moreover, we show that different types of solidarity can be derived from Anglo-Saxon and continental thought, which hints at different conceptions of community. (shrink)

The aim of the study was to evaluate the effectiveness of a media literacy intervention targeting, for the first time, the specific topic of Performance and Appearance Enhancing Substances use in high-school students. Overall, 389 students aged between 13 and 19 years participated to a media literacy intervention while 103 students aged between 14 and 19 year were considered as the control group. In two separate occasions over the course of six consecutive months, students in both groups filled out a (...) set of questionnaires which included measures of social-cognitive beliefs and a self-reported measure of retrospective use of doping and supplements. Compared to students in the control group = 1.96; SD= 0.85; and Mean= 2.09; SD= 0.94), intervention students on average expressed relatively stronger attitudes against doping use over time = 2.2; SD= 0.85; and Mean= 2.05; SD= 0.82). Students in the latter group also showed a statistically significant decrease in self-reported supplement use = 6.7%; Use= 3.8%;p= 0.05, McNemar Test). Interestingly, albeit marginally significant, students in the control group showed a relative increment in the self-reported use of supplements over time = 4.9%; Use= 8.7%;p= 0.22, McNemar Test). Overall, the media literacy intervention investigated in the present study was effective in decreasing adolescent student’s positive attitudes toward doping use and in reducing the use of legal PAES. These findings supported the generalizability and the usefulness of a media literacy approach in the specific field of PAES. (shrink)

Several theists, including Linda Zagzebski, have claimed that theism is somehow committed to nonvacuism about counterpossibles. Even though Zagzebski herself has rejected vacuism, she has offered an argument in favour of it, which Edward Wierenga has defended as providing strong support for vacuism that is independent of the orthodox semantics for counterfactuals, mainly developed by David Lewis and Robert Stalnaker. In this paper I show that argument to be sound only relative to the orthodox semantics, which entails vacuism, and give (...) an example of a semantics for counterfactuals countenancing impossible worlds for which it fails. (shrink)

The idea that an adequate semantics of ordinary language calls for some theory of events has sparked considerable debate among linguists and philosophers. On the one hand, so many linguistic phenomena appear to be explained if (and, according to some authors, only if) we make room for logical forms in which reference to or quantification over events is explicitly featured. Examples include nominalization, adverbial modification, tense and aspect, plurals, and singular causal statements. On the other hand, a number of deep (...) philosophical questions arise as soon as we take events into consideration. Are events entities of a kind? What are their identity and individuation criteria? How does semantic theorizing depend on such metaphysical issues? The aim of this book is to address such issues in some depth, with emphasis precisely on the interplay between linguistic applications and philosophical implications. Contributors: N. Asher, P. M. Bertinetto, J. Brandl, D. Delfitto, R. Eckardt, J. Higginbotham, A. Lenci, T. Parsons, A. ter Meulen, H. Verkuyl. A comprehensive introductory essay (pp. 3-47) is included. (shrink)

In this paper we present tableau methods for two-dimensional modal logics. Although models for such logics are well known, proof systems remain rather unexplored as most of their developments have been purely axiomatic. The logics herein considered contain first-order quantifiers with identity, and all the formulas in the language are doubly-indexed in the proof systems, with the upper indices intuitively representing the actual or reference worlds, and the lower indices representing worlds of evaluation—first and second dimensions, respectively. The tableaux modulate (...) over different notions of validity such as local, general, and diagonal, besides being general enough for several two-dimensional logics proposed in the literature. We also motivate the introduction of a new operator into two-dimensional languages and explore some of the philosophical questions raised by it concerning the relations there are between actuality, necessity, and the a priori, that seem to undermine traditional intuitive interpretations of two-dimensional operators. (shrink)

Pixelism is the combination of three metaphysical thesis, namely a radical form of exdurantism, mereological nihilism and counterpart theory. Pixelism is a theory that evaluates all the metaphysical phenomena of persistence, composition and modality in a homogeneous and consistent manner. In a pixel world, there is no identity over time and over possible worlds and nothing persists over more than an instant or a world. Entities can be univocally identified by a five-coordinates system (the three spatial dimensions, the temporal one (...) and the possible worlds), and their relation is a counterpart relation both in different worlds and at different times or different regions of space. In this paper I will provide two models for pixelism: the first one takes pixels to be hypercubes, i. e. four-dimensional cubes, the acceptance of which is conditional on the acceptance of extended simples. The second one considers pixels as points in a four-dimensional space. (shrink)

Recent developments in Hungary and Poland have made democratic backsliding a major issue of concern within the European Union. This article focuses on the secondary agents that facilitate democratic backsliding in Hungary and Poland: the European People’s Party, which has continually protected the Hungarian Fidesz government from EU sanctions, and the Hungarian ruling party Fidesz, which repeatedly promised to block any EU-level sanctions against Poland in the Council. The article analyses these agents’ behaviour as an instance of transnational complicity and (...) passes a tentative judgment as to which of the two cases is normatively more problematic. The analysis has implications for possible countervailing responses to democratic backsliding within EU member states. (shrink)

Argumentation theorists often disagree about which scheme best represents a given type of argument. Unfortunately, authors sometimes become involved in fruitless pseudo-agreement because they fail to perceive that their supposedly competing schemes are means for achieving different practical or theoretical goals. This paper explains some of the different purposes that an argument scheme may serve, and it indicates how the relevant type of pseudo-disagreement may be avoided.

Implicações da noção de consciência histórica nas ciências humanas e sociais: um modo de projeção para o futuro e de posição em relação ao passado Resumo: O presente texto, de caráter bibliográfico, discute o problema da consciência histórica com o objetivo de pensar o sentido dessa expressão na atualidade e as variações que esse conceito adquiriu ao longo da história das Ciências Humanas e Sociais, com ênfase no século XX. A hipótese é que a discussão a respeito da consciência histórica (...) passou a se ocupar, na modernidade, com uma múltipla relatividade de pontos de vista, o que é destacado por Gadamer em sua análise sobre os preceitos implicados na definição do que significa “ter senso histórico”. É defendida a tese, portanto, de que a noção de consciência histórica não se limita ao conhecimento das experiências vivenciadas no passado, mas se apresenta como condição de possibilidade de projetar o futuro e se posicionar em relação ao passado, especialmente no que diz respeito às ciências humanas e sociais. A defesa desta ideia central é realizada por meio de dois gestos reflexivos, com apresentação, primeiramente, do marco teórico da consciência histórica e, posteriormente, de suas implicações na constituição das Ciências Humanas e Sociais. Palavras-chave: Ciências humanas e sociais. Senso histórico. Passado. Futuro. Implications of the notion of historical consciousness in human and social sciences: a mode of projection for the future and position in relation to the past: This bibliographic text discusses the problem of historical consciousness with the purpose of thinking about the meaning of this expression in the present time and the variations that this concept has acquired throughout the history of the Humanities and Social Sciences, with emphasis on the twentieth century. The hypothesis is that the discussion about historical consciousness has come to concern itself, in modernity, with a multiple relativity of points of view, which is highlighted by Gadamer in his analysis of the precepts involved in defining what “having a historical sense” means. Therefore, the thesis that the notion of historical consciousness is not limited to the knowledge of past experiences is defended, but is presented as a condition of possibility of projecting the future and positioning itself in relation to the past, especially with regard to humanities and social sciences. The defense of this central idea is made through two reflexive gestures, presenting, first, the theoretical framework of historical consciousness and, later, its implications in the constitution of the Human and Social Sciences. Keywords: Human and social sciences. Historical sense. Past. Future. Implicaciones de la noticia de conciencia histórica en las ciencias humanas y sociales: un modo de proyección para el futuro y de posición en relación al pasado Resumen: El presente texto, de carácter bibliográfico, discute el problema de la conciencia histórica con el propósito de pensar sobre el significado de esta expresión en la actualidad y las variaciones que este concepto ha adquirido a lo largo de la historia de las Humanidades y las Ciencias Sociales, con énfasis en el siglo XX. La hipótesis es que la discusión sobre la conciencia histórica ha llegado a ocuparse, en la modernidad, de una relatividad múltiple de puntos de vista, que Gadamer destaca en su análisis de los preceptos involucrados en la definición de lo que significa “tener un sentido histórico”. " Por lo tanto, se defiende la tesis de que la noción de conciencia histórica no se limita al conocimiento de experiencias pasadas, sino que se presenta como una condición de posibilidad de proyectar el futuro y posicionarse en relación con el pasado, especialmente con respecto a humanidades y ciencias sociales. La defensa de esta idea central se realiza a través de dos gestos reflexivos, presentando, primero, el marco teórico de la conciencia histórica y, luego, sus implicaciones en la constitución de las Ciencias Humanas y Sociales. Palabras clave: Ciencias Humanas y Sociales. Sentido histórico. Pasado. Futuro. Data de registro: 28/05/2019 Data de aceite: 24/10/2019. (shrink)

The paper provides a qualified defence of Bruce Waller’s deductivist schema for a priori analogical arguments in ethics and law. One crucial qualification is that the schema represents analogical arguments as complexes composed of one deductive inference but also of one non-deductive subargument. Another important qualification is that the schema is informed by normative assumptions regarding the conditions that an analogical argument must satisfy in order for it to count as an optimal instance of its kind. Waller’s schema is defended (...) from criticisms formulated by Trudy Govier, Marcello Guarini and Lilian Bermejo-Luque. (shrink)

We present a new puzzle about logical truth, necessity, and moral responsibility. We defend one solution to the puzzle. A corollary of our preferred solution is that prominent arguments for the incompatibility of determinism and moral responsibility are invalid.

​In risposta all’ipotesi di estendere la categoria del falso valutativo alle motivazioni di una sentenza, l’articolo tenta una ricostruzione critica della progressiva apertura del falso intellettuale ad atti dispositivi e giudizi tecnici, ponendone in evidenza alcune aporie e proponendo specifici temperamenti. Tanto la teoria dei fatti psichici, quanto quella delle attestazioni implicite e del vero legale, nella loro congiunta sovrapposizione alla struttura della fattispecie penale, possono scadere in una violazione del divieto di analogia in materia penale. Il caso da cui (...) parte l’analisi attiene una procedura di selezione per la chiamata di professore universitario di prima fascia e la sentenza del T.A.R. che decide sul ricorso di un candidato. Falsity of the judicial decision. Implicit statements, legal truth and technical judgments. In response to the hypothesis of extending the category of "evaluative" falsehood to the motivations of a judicial decision, the paper attempts a critical reconstruction of the progressive evolution of these crimes in matter of acts of will and technical judgments, highlighting some aporias and proposing some corrections. Both the theory of psychic facts, as well as the theory of implicit attestations and the legal truth, in their joint action, can violate the prohibition of analogical interpretation in criminal matters. The controversial case from which the analysis starts concerns a public competition for a university professorship and the T.A.R.’s judgment that decides on a candidate's appeal. (shrink)

Anglo-American authors have paid little attention to a subtle distinction that has important jurisprudential implications. It is the distinction between sources of law and the legal norms which can be derived from sources by means of interpretation. The distinction might also be rendered as a threefold one, separating sources of law from legal norms and both of these from that which mediates their relation, namely, methods of legal interpretation. This paper intends to state the “source-norm” distinction clearly and to give (...) examples of jurisprudential insights that are missed, and mistakes that may be made if the distinction is not given its due. (shrink)