The author argues that the unity, coherence, and completeness of both the theory of law and the theory of politics and democracy throughout Bobbio’s work was produced by the fruitful connection that he established between the approaches of several different disciplines. Bobbio was able to connect legal theory and political philosophy, and to entwine theory itself, whether legal or philosophical, with meta-theoretical and methodological reflection. In Bobbio’s work even the theoretical-analytical approach was connected with an analytical history (...) of ideas. Bobbio’s capacity for synthesis and the systematic theoretical character of his investigations found specific expression, according to the author, in four fundamental connections: that between democracy and law; that between law and reason; that between reason and peace; and that between peace and human rights. This doctrinal framework, according to Ferrajoli, already suffices to establish Bobbio as a great teacher and thinker. Nonetheless, Ferrajoli also draws attention to certain aporias in Bobbio’s thought. Thus the author argues that Bobbio fails to recognize the influence of strictly defined constitutions on the legal order and continues to defend a merely formal conception of the validity of legal norms and of democracy. Bobbio retains a non-evaluative conception of legal science without considering the internal criticisms regarding the lacunae and antinomies that constitutional norms forcibly reveal with respect to both legal science and the practice of jurisdiction. (shrink)

Introduzione di Pietro Rossi - Bobbio e il diritto di Gustavo Zagrebelsky - Bobbio e la politica di Massimo L. Salvadori - La teoria generale del diritto di Riccardo Guastini - La teoria generale della politica. Per la ricostruzione del "modello bobbiano" di Michelangelo Bovero - Realismo politico e dottrina dello Stato di Pier Paolo Portinaro - Le relazioni tra gli Stati di Luigi Bonanate - Gli autori - Indice dei nomi.

Among the ancients, ethics was resolved largely through the treatment of virtues. Suffice it to recall Aristotle's Etica Nicomachea, which was for many centuries a prescribed text. In our times such a treatment has almost disappeared. Today moral philosophers discuss values and choices, on both analytical and propositional levels, and their major or minor rationality, as well as discussing rules or norms and consequently rights and duties. One of the last significant writings devoted to the classic subject of virtue was (...) the second part of Kant's Metaphysics of Morals (Die Metaphysik der Sitten), titled The Theory of Virtue (Die Tugendlehre), the first part of which discusses the Theory of Law (Die Rechtlehre). However, Kant's ethics is especially one of duty, and more specifically of inward as distinguished from outward duty, with which the theory of law is concerned. In the former, virtue is defined as the necessary willpower to accomplish one's duty, as the moral strength required by man to fight those defects which prevent or become an obstacle to the accomplishment of duty. Kant's theory of virtue is an integral part of the ethics of duty and, as explicitly and repeatedly declared, has nothing to do with Aristotelian ethics. (shrink)

Increasingly frequent discussions in our country over the last few years on the question of morals have roused the old theme of the relation between morals and politics. Although it is an old theme, it is nevertheless a theme that remains new, which explains why no moral question, regardless of the field in which it has been raised, has ever found a definitive answer. While the issue of the relation between politics and morals is the best known, due to the (...) length of the debate, the authority of the authors who took part, the variety of the arguments put forth and the importance of the subject, it is not that different from the issue of the relation between morals and all other human activity; thus the fact that we can readily speak of the ethics of economic relations or, as often the case over the last few years, of market ethics, or sexual ethics, medical ethics, the ethics of sports and still others. In all these diverse spheres of human activity, the same problem always arises: the distinction between what is morally licit and what is morally illicit. (shrink)

I was a delicate child, and to my great embarrassment I was excused from gymnastics as a teenager owing to an illness whose identity is still mystery, at least to me. That is when I acquired my world-weariness, a permanent and invincible lethargy that was to get worse with the passing years. Tiredness as a natural state has for many years been a recurring theme, when I'm complaining about life in letters and conversation. My friends consider it a bad habit (...) of mine, almost an attempt to attract attention, and they don't take me seriously. “I'm increasingly falling apart”, I recently told an old friend. He replied with a slightly mocking air: “You've been telling me that for twenty years”. But the truth is - and it is difficult to explain this to anyone younger - that the descent into the void is long, much longer than I would have ever imagined, and slow, so slow as to appear almost imperceptible (although not to me). The descent is continuous and, what is worse, irreversible: you descend one step at a time, but having put your foot on the lower step, you know that you will never return to the higher one. I have no idea how many more downward steps are to follow. I can only be sure that their number is steadily decreasing. (shrink)

In this paper we compare the strategies applied by two successful biological components of the ecosystem, the viruses and the human beings, to interact with the environment. Viruses have had and still exert deep and vast actions on the ecosystem especially at the genome level of most of its biotic components. We discuss on the importance of the human being as contraptions maker in particular of robots, hence of machines capable of automatically carrying out complex series of actions. Beside the (...) relevance of designing and assembling these contraptions, it is of basic importance the goal for which they are assembled and future scenarios of their possible impact on the ecosystem. We can’t procrastinate the development and implementation of a highly inspired and stringent “ethical code” for human beings and humanoid robots because it will be a crucial aspect for the wellbeing of the mankind and of the entire ecosystem. (shrink)

Luigi Giussani, a high school religion teacher throughout the 1950s and 1960s, grounded his teachings in the vast body of experience to be found in Christianity's two-thousand-year history. He told his students, “I'm not here to make you adopt the ideas I will give you as your own, but to teach you a method for judging the things I will say.” Throughout his life, education was one of Giussani's primary intellectual interests. He believed that effective education required an adequate (...) background in the Christian tradition, presented within a lived experience that underscored the capacity of the faith to answer universal questions. What he proposed was a process that allowed one to sift through tradition, critically examining it and comparing it against the ultimate criteria for judgment: the desires of the heart. In Giussani's view, the primary concern was to “educate the human heart as God made it.” In The Risk of Education he states that fear leads students to associate this process of criticism with negativity or doubt. Yet, without an education in criticism, students cannot develop conviction. At a time when young people are abandoning the church and questioning the value of faith, Giussani's method of judging and verifying Christianity as an experience seems a necessary intervention. In The Risk of Education he argues that, ultimately, education and the Christian message reveal themselves through human freedom. (shrink)

This article analyses the use of the term “‘political oeconomy” in the Wealth of Nations, considered by many the founding text of the discipline of Political Economy. It shows that Adam Smith could not accept the use of the term “political oeconomy” that had been made by other authors to indicate the subject matter of his scientific inquiry, devoted to the nature and causes of the wealth of nations; he used the term “political oeconomy” as a synonym for economic policy, (...) especially in the fourth book of the Wealth of Nations. In order to understand this statement, it is necessary to keep in mind the methodological and epistemological perspective developed by Smith; in his view, the inquiry into the nature and causes of the wealth of nations would have to discover the almost unchangeable rules that presided over the choices of the legislators in the field of public economy and in the management of public resources. By contrast, the term “political oeconomy” was used by Smith exactly to indicate the policies really adopted in these fields, policies which frequently altered the system of natural liberty. (shrink)

In the Critique of Practical Reason, Immanuel Kant provides two different propositions of freedom. According to the first, in the “Analytic of Pure Practical Reason,” freedom establishes the possibility of moral agency—i.e., it is the ratio essendi of the moral law. According to the second, in the “Dialectic of Pure Practical Reason,” freedom is the object of one of the practical postulates (CPrR 246–54; AA 5:132–41). Why should Kant postulate something that has been allegedly established as the ground of moral (...) agency? Does Kant appeal to two different conceptions of freedom? In this paper, I argue that Kant (1) in both cases conceives of freedom as an unconditioned form of causality, and (2) pursues two different aims according to two different but complementary arguments. On the one hand (the practical standpoint), he wants to argue that the causality of freedom is actual, through moral agency, in the domain where the laws of nature also apply. On the other hand (the theoretical standpoint), he is aware that the possibility of achieving the highest good would be compromised if we did not assume, along with the other two postulates, a world in which only the causality of freedom applies. While freedom as the ratio essendi of the moral law is actual, freedom as a postulate is a mere object of belief. (shrink)

The relentless exploitation of the earth's resources and technologys boundless growth are a matter of urgent concern. When did this race towards the limitless begin? The Greeks, who shaped the basis of Western thinking, lived in mortal fear of humanity's hidden hunger for the infinite and referred to it as hubris, the one true sin in their moral code. Whoever desired or possessed too much was implacably punished by nemesis, yet the Greeks themselves were to pioneer an unprecedented level of (...) ambition that began to reverse that tabu. If it is true that no culture can truly repudiate its origins, and that gods who are no longer potent can vanish but still leave behind a body of myth which coninues to live and assert itself in modernized garb, then our concern with the limits of growth reflects something more than an awareness of new technological problems - it also brings to light a psychic wound a a feeling of guilt which are infinitely more ancient. (shrink)

The article deals with some implications of radical uncertainty for participatory democracy, and more precisely for Participatory Technology Assessment. Two main forms of PTA are discussed. One is aimed at involving lay citizens and highlighting public opinion. The other is addressed to stakeholder groups and organisations, not only in terms of interest mediation but also of inclusion of their insight into a problem. Radical uncertainty makes 'intractable' many environmental and technological issues and brings into question traditional and new approaches to (...) policymaking. Its consequences are explored from the viewpoint of new science, deliberative democracy, and network governance. Radical uncertainty calls for a rethinking of the aims of public deliberation, and a reinterpretation of the divide between opinion- and position-oriented PTA. To look for a public opinion, understood as a shared principled view, can prove misleading, as can thinking of stakeholder participatory arrangements in the usual way. When facts and values overlap, and are deeply controversial, the only opportunity for mutual understanding may be to look for practical, 'local' answers, based on different positional insights. Moreover, radical uncertainty also affects interest determination and pursuit, and may enhance the opportunity of joint, inclusive, non-strategic issue definition and solution-devising. This vision of public deliberation is consistent with the idea of network governance. However, fragmentation can affect the effectiveness and legitimacy of participatory policies. Trying to handle fragmentation from the top, as many suggest, is unlikely to be successful. A more promising endeavour is to foster deliberative settings which, although positioned at the level of 'local' and often contingent networks and commonalities, are open to include 'Otherness' – other contexts, other problem definitions, other concerns. (shrink)

Simple assumptions represent a decisive reason to prefer one theory to another in everyday scientific praxis. But this praxis has little philosophical justification, since there exist many notions of simplicity, and those that can be defined precisely strongly depend on the language in which the theory is formulated. The language dependence is a natural feature—to some extent—but it is also believed to be a fatal problem, because, according to a common general argument, the simplicity of a theory is always trivial (...) in a suitably chosen language. But, this trivialization argument is typically either applied to toy-models of scientific theories or applied with little regard for the empirical content of the theory. This paper shows that the trivialization argument fails, when one considers realistic theories and requires their empirical content to be preserved . In fact, the concepts that enable a very simple formulation, are not necessarily measurable, in general. Moreover, the inspection of a theory describing a chaotic billiard shows that precisely those concepts that naturally make the theory extremely simple are provably not measurable. This suggests that—whenever a theory possesses sufficiently complex consequences—the constraint of measurability prevents too simple formulations in any language. This explains why the scientists often regard their assessments of simplicity as largely unambiguous. In order to reveal a cultural bias in the scientists’ assessment, one should explicitly identify different characterizations of simplicity of the assumptions that lead to different theory selections. General arguments are not sufficient. (shrink)

1. Critica de capire e altri scritti. 2. Scritti kantiani. 3. L'analitica trascendentale. 4. Il problema della scienza e il giudizio storico.

The printed images in the frontispiece of modern philosophical books were not simply meant as decorations, but offered in remarkable cases a pictorial synthesis of the ideas expounded in the book. This is true not only of Bacon’s Instauratio magna, on the background of an explicit theoretical reflection on the use of fables and metaphors in the exposition of scientific truth, but also of Hobbes’ Leviathan, notwithstanding Hobbes’ own criticism of metaphorical language. One third impressive example is the “dipintura” of (...) Vico’s La Scienza Nuova, which is the object of a lengthy hermeneutical analysis by the author himself. The paper argues that the prominent importance of the image in these modern classics reflects the search for a more immediate connection between words and things, whose actuality is still debated in XXthcentury philosophy. (shrink)