1. Teoria del diritto -- 2. Teoria della democrazia -- 3. La sintassi del diritto.

There are many ways in which a speaker can confuse their audience. In this paper, I will focus on one such way, namely, a way of talking that seems to manifest a cross-level kind of cognitive dissonance on the part of the speaker. The goal of the paper is to explain why such ways of talking sound so twisted. The explanation is two-pronged, since their twisted nature may come either from the very mental states that the speaker thereby makes manifest, (...) or from how the speaker chooses to express themselves (even if there is nothing wrong with their mental states). So-called ‘Moore-paradoxical’ utterances are but one example of the phenomenon, and the explanation of what is wrong about them is subsumed under a more general explanation here—one that captures also the twisted-ness of utterances whereby questions are raised or intentions expressed. (shrink)

In this paper I present reasons for us to accept the hypothesis that suspended judgment has correctness conditions, just like beliefs do. Roughly put, the idea is that suspended judgment about p is correct when both p and ¬p might be true in view of certain facts that characterize the subject’s situation. The reasons to accept that hypothesis are broadly theoretical ones: it adds unifying power to our epistemological theories, it delivers good and conservative consequences, and it allows us to (...) assess processes of reasoning involving attitudes of suspended judgment. (shrink)

Um alinhamento responsável à alguma versão do naturalismo filosófico requer a articulação explicita e cuidadosa de um argumento em sua defesa. Em quatro passos, o texto que segue abaixo expande e examina a validade de um argumento que é frequentemente rascunhado em favor do naturalismo. Como veremos, contudo, a versão do naturalismo que esse argumento nos permite é um pouco diferente dos naturalismos filosóficos mais populares.

This piece criticizes traditional formal and procedural conceptions of democracy, which fail to account for the development of contemporary constitutional democracy. The latter is characterized by a substantive dimension with respect to the content of the decisions taken through the democratic process. The validity of such decision is conditioned by the respect and actualization of fundamental rights, which are established by the constitution. The limits and constraints established by the constitution require juridical science to play a critical and programmatic role (...) vis - à - vis the ‘unlawful’ exercise of public powers, when these enter in contrast with the limits imposed by the constitution. (shrink)

What I call the Doxastic Puzzle, is the impression that while each of these claims seems true, at least one of them must be false: (a) Claims of the form ‘S ought to have doxastic attitude D towards p at t’ are sometimes true at t, (b) If Φ-ing at t is not within S’s effective control at t, then it is false, at t, that ‘S ought to Φ at t’, (c) For all S, p, and t, having doxastic (...) attitude D towards p at t is not within S’s effective control at t. All three natural replies to the puzzle have been pursued. Some have claimed that doxastic attitudes like believing that p are, in fact, within our effective control, or sufficiently so. Others have claimed that doxastic ought-claims, strictly speaking, are always false. And some have denied that effective control is required for the adequacy of doxastic ought-claims in general. I here pursue and examine a different strategy. In the first part of this paper, I argue that these claims are not only each true but actually not in tension with each other in the first place. Instead of attempting to dispel the puzzle, this solution proposes to evade it instead: to solve it by properly understanding, and by thereby accepting without contradiction, all of its constitutive claims. In the second part of the paper, I argue that the evasive strategy forces us to re-think our understanding of the place of normative reasons in epistemology. More exactly, it seems to come at the cost of one central way of thinking about our reasons for having doxastic attitudes, one where such reasons are good-standing exemplars of normative reasons in general. The evasive strategy, that is, threatens to lead us very quickly to a deflationary picture of epistemic normativity: it rescues normative talk, but sacrifices normative substance. I conclude by explaining why I think this is more consequential than some have made it out to be, and by suggesting that these consequences are welcome nonetheless. (shrink)

My starting point is what I call the Normative Authority Conception of justification, where S is justified in their belief that p at t (to some degree n) if and only if their believing that p at t is not ruled out by epistemic norms that have normative authority over S at t. With this in mind, this paper develops an account of doxastic justification by first developing an account of the normative authority of epistemic norms. Drawing from work in (...) political philosophy, I argue that (a) the cognitive and evaluative commitments and concerns behind our actual practices of holding each other and ourselves accountable for our beliefs reveal which epistemic norms we have consented to be under, and that (b) it is because we have consented to be under the authority of these norms – by actually holding ourselves and others accountable to them – that they in turn have normative authority over us. By connecting the authority of epistemic norms to the authority we have over ourselves in this way, the resulting account of doxastic justification (i) explains why it can be appropriate to criticize, resent, or sanction someone for having unjustified beliefs, (ii) avoids the phenomena of normative alienation and normative parochialism, and (iii) respects the social and collective nature of epistemic justification. (shrink)

War and the future of the international order. For the members of the Bush administration, the clash between the USA and the UN over war in Iraq would appear to have weakened or irrevocably discredited the UN. Luigi Ferrajoli argues that, on the contrary, the conflict actually signals a revival of the UN, after a period characterised by its servile submission to imperialism. Thanks to the current international situation, and secure in the knowledge that world opinion supports its stance, (...) the UN, by its refusal to countenance the invasion, has for the first time demonstrated its capacity to comply with the pacifist stipulations of the United Nations, giving them the force of international law. While the author does not draw conclusions which are entirely optimistic, he does however consider that the outcome of the invasion has modified the relative strength of the two opposing parties : the US and the movement of resistance which has gained expression worldwide. (shrink)

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)

More than a school of philosophy with a defined set of beliefs and convictions, classical Cynicism represents an unconventional sect of philosophers and a way of life. This is a complete account of classical Cynicism from its beginnings in the Socratic circle to its extinction in late Roman times. In this thoroughly documented study, Navia explores various issues related to the sources of information about the Cynics, the development of Cynicism, and the principal representatives of classical Cynicism. Exploring the relationship (...) between classical Cynicism and cynicism as understood in its ordinary modern sense, the author argues that despite their common designation, they represent significantly different philosophical attitudes. This book explicates the main ideas associated with classical Cynicism and argues that, its shortcomings notwithstanding, classical Cynicism furnishes us with a wealthy source of philosophical enlightenment. Individual chapters are devoted to Antisthenes, Diogenes, and Crates, the three principal classical Cynics. Attention is given to the development and application of certain fundamental Cynic ideas and to the transformation of these ideas throughout the eight centuries during which Cynicism was an influential philosophical movement. The book provides abundant references to primary and secondary sources and includes a bibliography of over five hundred entries. (shrink)

Thinking Without Words provides a challenging new theory of the nature of non-linguistic thought. Jose Luis Bermudez offers a conceptual framework for treating human infants and non-human animals as genuine thinkers. The book is written with an interdisciplinary readership in mind and will appeal to philosophers, psychologists, and students of animal behavior.

The research conducted at Nuevo Rocafuerte High School evaluated the efficacy of the Movie Method, which is an app for learning English that focuses on English vocabulary development for tenth-year EFL students. Methodologically, the research integrated surveys with test performance analysis to gauge the impact of digital tools on language acquisition at the A1 proficiency level. Results demonstrated a marked preference for digital learning, with 60% of students favoring movie-based methods over traditional vocabulary learning strategies. The adaptability of the Movie (...) Method was a significant factor, reflected in its high average score for enhancing vocabulary retention and understanding of difficult words. Despite initial reductions in participation due to unfamiliarity with the method, engaged students displayed considerable gains in vocabulary comprehension and usage, affirming the potential of such applications in bolstering language proficiency. The study underscores the importance of integrating mobile technology in educational strategies and the necessity of accessible, user-centered educational resources. Further investigation is required to corroborate these findings and assess the long-term impact of digital tools in diverse educational settings. (shrink)

A fronte di rapide trasformazioni geo-politiche globali, il tema dei diritti fondamentali - quale sia la loro struttura, quali debbano considerarsi tali, in qual modo li si possa garantire, quale il rapporto con la cittadinanza e la democrazia - acquista sempre maggiore rilevanza nella discussione pubblica. Luigi Ferraioli propone su questi problemi un'originale e innovativa riflessione, suscitando un dibattito in cui si coniugano rigore scientifico e passione civile.

Qué debe entenderse, en el plano teórico, por “principio de igualdad”? Deben entenderse, a mi parecer, dos principios normativos diversos, entre sí complementarios y ambos esenciales en tanto fundamentos de la democracia: en primer lugar, el igual respeto y valor que debe ser asociado a todas las diferencias de identidad que hacen de cada persona un individuo diferente de todos los otros y de cada individuo una persona igual a todas las otras.

Una vez acabada la división del mundo en bloques, tras la caída, hace quince años, del régimen soviético, parecía que ya nada podría oponerse a la instauración de la paz en el mundo, y a la difusión y consolidación de la democracia en el nivel planetario. Y precisamente a partir de entonces se ha ido gestando, en los ordenamientos de los principales países occidentales y en las relaciones internacionales, una crisis no coyuntural que afecta a los dos niveles del constitucionalismo (...) actual: por un lado, las formas de la democracia diseñadas por las rígidas constituciones de la última posguerra y, por el otro, el proyecto de paz y de garantía de los derechos humanos formulado en ese embrión de constitución mundial que representan la Carta de la ONU, y las distintas declaraciones y convenciones sobre los derechos fundamentales. (shrink)

Este ensayo, motivado por una crítica de Riccardo Guastini, ilustra el papel de la lógica en el derecho y precisamente: a) en la construcción de la teoría del derecho, b) en el razonamiento y en los discursos desarrollados por las disciplinas jurídicas positivas y c) en los razonamientos y en las operaciones de operadores jurídicos y en particular de los jueces.

Este ensayo, motivado por una crítica de Riccardo Guastini, ilustra el papel de la lógica en el derecho y precisamente: a) en la construcción de la teoría del derecho, b) en el razonamiento y en los discursos desarrollados por las disciplinas jurídicas positivas y c) en los razonamientos y en las operaciones de operadores jurídicos y en particular de los jueces.

The question considered is whether it is possible to trace a theoretical strategy for a criminal policy on the basis of Marx's work. The answer offered is that Marxian political and economic analysis does not supply any general theory of criminality and that any attempt to formulate such a theory (as in Lenin, Paukanis or Gramsci) necessarily leads to authoritarian and regressive conceptions of crime and punishment. Nevertheless the authors maintain that it is possible to trace three theoretical suggestions within (...) Marxian thought which allow of a fruitful approach to the criminal question. The first suggestion relates to the economic roots of many aspects of modern criminality; the second regards the Christian and bourgeois superstition of moral liberty and individual culpability; the third suggestion deals with the lack of a guaranteed social space as the prime root of crime. These theoretical suggestions permit clarification of the social character of penal responsibility and this character points to the need for the socialization (but not deregulation) of criminal treatment. (shrink)

Th e autho r brief ly e xplain s th e epistemol o gica l line s an d methodol o gica l principle s of th e theo r y h e d e v elop s i n Principi a iuris . T eori a de l diritt o e dell a democ r acia . Th e author ha s bee n w orkin g o n thi s subjec t fro m th e 1960 s an (...) d i n thi s a r ticl e h e brief ly set s ou t the metho d adopte d , th e objec t o r un i v ers e o f th e theoretica l discours e an d th e aim s pursued by hi s theo r y . Thi s theo r y i s a r ticulate d i n t w o pa r ts : th e theo r y o f l a w d e v elope d usin g a axiomati c metho d an d th e theo r y o f constitutiona l democra c y , w hic h i s a n empirica l and no r mat i v e inte r pretatio n o f th e fo r me r , bot h connecte d by th e isomo r phi c relationshi p that join s democra c y an d th e constitutiona l paradig m o f th e r ul e o f l a w. (shrink)

The theory of objectification offers a perspective to conceptualize learning as a collective cultural-historical process and to transform classrooms into sites of communal life where students make the experience of an ethics of solidarity, plurality, and inclusivity.

-- 2. Sujetos, referencia y reflexión.

In this novel account of global citizenship, Luis Cabrera argues that all individuals have a global duty to contribute directly to human rights protections and to promote rights-enhancing political integration between states. The Practice of Global Citizenship blends careful moral argument with compelling narratives from field research among unauthorized immigrants, activists seeking to protect their rights, and the 'Minuteman' activists striving to keep them out. Immigrant-rights activists, especially those conducting humanitarian patrols for border-crossers stranded in the brutal Arizona desert, (...) are shown as embodying aspects of global citizenship. Unauthorized immigrants themselves are shown to be enacting a form of global 'civil' disobedience, claiming the economic rights central to the emerging global normative charter while challenging the restrictive membership regimes that are the norm in the current global system. Cabrera also examines the European Union, seeing it as a crucial laboratory for studying the challenges inherent in expanding citizen membership. (shrink)

Could global government be the answer to global poverty and starvation? Cosmopolitan thinkers challenge the widely held belief that we owe more to our co-citizens than to those in other countries. This book offers a moral argument for world government, claiming that not only do we have strong obligations to people elsewhere, but that accountable integration among nation-states will help ensure that all persons can lead a decent life. Cabrera considers both the views of those political philosophers who say we (...) have much stronger obligations to help our co-citizens than foreigners and those cosmopolitans who say our duties are equally strong to each but resist restructuring. He then outlines his own position, using the European Union as a partial model for the integrated alternative and advocating instituting EU-style supranational government, development aid, and free movement of persons in the Americas and other regions. Over time, Cabrera argues that the transformation of the global system into a cohesive network of democratic institutions would help ensure that anyone born anywhere could lead a decent life. This book will appeal to all those interested in political philosophy and the processes and potential of globalization. (shrink)

Contemporary studies in unconscious cognition are essentially founded on dissociation, i.e., on how it dissociates with respect to conscious mental processes and representations. This is claimed to be in so many and diverse ways that one is often lost in dissociation. In order to reduce this state of confusion we here carry out two major tasks: based on the central distinction between cognitive processes and representations, we identify and isolate the main dissociation paradigms; we then critically analyze their key tenets (...) and reported findings. (shrink)

“Literature and the Right to Death” is probably the most quoted of French thinker Maurice Blanchot’s texts. For decades it has been discussed by such important figures as Emmanuel Levinas, Jacques Derrida, or even the writer Paul Auster. Its importance is twofold: on the one hand, it is often considered an important gateway to Blanchot’s literary thought. On the other hand, it constitutes a substantial example of the new reception of Hegel in France after the Second World War. Although there (...) is no doubt about its Kojèvo-Hegelian inspiration and its center in what we could call “literary experience”, this article intends to explore another of its layers: its relation to the discussion around humanism and the Terror, as forgotten as it was central in France at the end of the 1940’s. We will thus try to lay the foundations for a new reading of this fundamental piece in Blanchot’s production. (shrink)

Since Freud and his co-author Breuer spoke of dissociation in 1895, a scientific paradigm was painstakingly established in the field of unconscious cognition. This is the dissociation paradigm. However, recent critical analysis of the many and various reported dissociations reveals their blurred, or unveridical, character. Moreover, we remain ignorant with respect to the ways cognitive phenomena transition from consciousness to an unconscious mode. This hinders us from filling in the puzzle of the unified mind. We conclude that we have reached (...) a Kuhnian crisis in the field of unconscious cognition, and we predict that new models, incorporating partly the relevant findings of the dissociation paradigm—but also of dynamic psychology—, will soon be established. We further predict that some of these models will be largely based on the pairs representation–process and analog–digital. (shrink)