Rodolfo Sacco developed the idea of “mute behaviours” during his studies on mute law. The notion of “mute behaviours” denotes an action that is able to mould a legal relationship without any use of language. Certainly, this concept may give rise to some doubts in relation to the attribution—to a behaviour qualified as mute—of the capability to affect dynamics involving a plurality of people. Aiming to clarify the idea of “mute behaviours” by this point of view, the authors analysed the (...) semiotic terminology used by Sacco himself to explain this notion and the issue of its silent nature. Therefore, the terms “signifying signs” and “symptoms”, deemed by Sacco—respectively—incompatible and compatible with the theory of mute behaviours were considered. The former term was traced back to the notion of conventional and arbitrary sign, the notion of the latter was reconstructed linking it to the concept of signs based on signification and suggesting a possible framework in view of the idea of “presentative meanings” developed by the philosopher Guido Morpurgo-Tagliabue. Clarified this dichotomy by a terminological analysis, the authors noticed—as affirmed by Rodolfo Sacco himself—the impossibility to ascribe the notion of gesture to the mute behaviour’s category, as some exegetes proposed. Consequently to this last remark, the authors tried to analyse the relationship between gestures and “mute behaviours”, identifying the category of “sema-pragmatic acts”, that includes gestures and may be seen as an intermediate phase between “mute behaviours” and legally relevant behaviours operated by speaking. (shrink)

I fatti! I fatti! Caro signore, i fatti sono come siassumono; e allora, nello spirito, non sono più fatti:ma vita che appare, così o in altro modo.Luigi Pirandello 1 Ontologia del giuridico 1.1 Due ontologie del giuridico: ontologia degli oggetti giuridici (Adolf Reinach) vs. ontologia degli enti giuridici (Santi Romano) 1.1.1 Nella filosofia del diritto del xx secolo sono compresenti due ontologie del giuridico:(i) l’ontologia degli oggetti giuridici di Adolf Reinach (1883-1917),(ii) l’ontol...

Zwar kann der Akt – sofern er sich in gesprochenen oder geschriebenen Worten ausdrückt selbst etwas über seine Bedeutung aussagen, seinen eigenen Sinn angeben.Darin liegt sogar eine besondere Eigentümlichkeit des der sozialen und insbesondere der juristischen Erkenntnis gegebenen Materials. Certamente l’atto, in quanto si esprime a voce o per iscritto, di per sé può dire qualcosa attorno al suo senso, può dichiarare il proprio senso.In ciò consiste una speciale caratteristica del materiale og...

According to the Austrian philosopher Hans Kelsen (1881-1973), social and institutional entities are the only entities that can be null, void. The starting point of the article, The “Invalid” and the “Nothing”: At the Origins of Social Ontology, is the analysis of Hans Kelsen’s thesis. But: Why are social entities the only entities that can be null, void? In order to answer this question, in the first part of the article, the author uses two new concepts: validity-imperfection and validity-falsification. The (...) second part of the paper deals with a new ontological question: Are null (void) social entities something? (shrink)

Pragmatic Ambiguity: The Thetic Function of Modality The aim of this paper is to present an overview of the pragmatic aspects of ambiguity present in deontic sentences, which may have three pragmatic functions: a prescriptive or a descriptive or a constitutive function. This type of ambiguity is investigated on the lexical, phrasal, and sentential level. The discussion focuses on the deontic constructions of the German verb sollen and the English shall as they are used in legal texts. It also includes (...) comments on the thetic function of the Latin imperative mood and the subjunctive mood. (shrink)

This book reconsiders the supposed impossibility of deriving "Ought" from "Is". John R. Searle’s 1964 article How to Derive "Ought " from "Is’’ sent shockwaves through the philosophical community by offering a straightforward counterexample to this claim of impossibility: from your promising something- and this is an "is" - it simply follows that you "ought" to do it. This volume opens with a brand new chapter from Searle who, in light of his subsequent philosophical developments, expounds the reasons for the (...) validity of that derivation and its crucial significance for social ontology and moral philosophy. Then, in a fresh interview with the editors of this volume, Searle explores a range of topics including how his derivation relates to constitutive rules, and how he views Wittgenstein’s philosophy, deontic logic, and the rationality of action. The remainder of the volume is dedicated to a deep dive into Searle’s essay and its implications by international scholars with diverse backgrounds ranging from analytic philosophy, phenomenology, and logic, to moral philosophy and the philosophy and sociology of law. With thirteen original chapters, the contributors provide fresh and timely insights on hotly debated issues: the nature of "Ought"; the logical structure of the social world; and the possibility of deriving not only "Ought" from "Is", but "Is" from "Ought". (shrink)

Vi sono varie forme di impossibilità normativa. Una prima forma si incontra quando un fatto naturale al quale il diritto attribuisce un significato normativo è impossibile. Una seconda consiste nell’impossibilità di un atto o fatto la quale derivi dalla presenza o assenza di una norma. Vi è poi una terza forma di impossibilità normativa che si incontra quando si afferma che da una certa realtà oggetto di normazione derivano necessariamente limiti all’attività di normazione stessa. Di una quarta forma si può (...) parlare quando ci si riferisce a un’impossibilità derivante dalle specifiche relazioni che intercorrono tra norme di un sistema normativo dinamico. Le forme di impossibilità normativa sono indagate, nei contributi raccolti in questo volume, da diverse angolazioni: la filosofia del diritto, la filosofia morale, la logica, la filosofia della conoscenza, la scienza del diritto penale. (shrink)

Custom is a complex phenomenon, and one that is hardly given a satisfying account, especially if it is assumed, as many legal positivists do, that law is only produced through acts of will. After examining five main reasons for the complexity of custom, I will consider Uberto Scarpelli’s thesis that customary law can be given an account within legal positivism through a reinterpretation of norm-generating facts as the manifestations of a will. But what kind of will is implied here, and (...) how can the underlying norm be inferred? I will first briefly examine Gaetano Carcaterra’s analysis of abduction as a method to infer norms from behaviors, and then distinguish six different forms of will possibly implied in a behavior which is relevant for the formation of a customary norm. I will finally focus on norm-oriented, or nomotropic will, and especially on nomotrophic will, that is, the will –implied and expressed in the reaction to the violation of a norm– that the infringed norm be valid. (shrink)

We almost every day direct our actions with reference to social, moral or legal norms and oughts. However, oughts and norms cannot be perceived through the senses: how can we “grasp” them, then? Adolf Reinach distinguishes enacted norms and oughts created through a social act of enactment, from moral norms and oughts existing in themselves independently of any act, knowledge or experience. I argue that this distinction is not a distinction between two species of oughts within a common genus: it (...) is rather a deeper ontological distinction between two modes of existence that are quite different, even though both are objective, according to Reinach. This ontological distinction is reflected in the way in which enacted oughts and moral oughts can be grasped, respectively: in the former case, the enacted ought is grasped by going back to the underlying social act from which it springs; in the latter, a “grasping through feeling” of the moral values is implied. (shrink)

Qu’est-ce qu’une norme? Y a-t-il des relations logiques entre les normes? Sur quoi repose la validité d’un système normatif? Qu’est-ce que la validité déontique? Les verbes performatifs peuvent-ils agir sur le monde? Quelles sont les différentes façons d’agir en fonction d’une règle? Que sont les règles constitutives? Et qu’est-ce que la vérité? Ce sont là quelques-unes des questions que posent les essais d’Amedeo Giovanni Conte rassemblés dans cette anthologie. Ces essais offrent quelques-unes des contributions les plus originales et les plus (...) significatives de la philosophie du langage normatif. Amedeo Giovanni Conte (Pavie, 1934-Cava Manara, 2019), professeur émérite de l’Université de Pavie, membre de l’Accademia Nazionale dei Lincei, fut l’un des philosophes les plus originaux du droit italien. Parmi ses œuvres : Saggio sulla completezza degli ordinamenti giuridici (1962), les trois volumes de Filosofia del linguaggio normativo (1989-2001), Filosofia dell’ordinamento normativo (1997), Sociologia filosofica del diritto (2011) et Adelaster : Il nome del vero (2016). (shrink)

This interdisciplinary volume brings together expert researchers coming from primatology, anthropology, ethology, philosophy of cognitive sciences, neurophysiology, mathematics and psychology to discuss both the foundations of non-human primate and human social cognition as well as the means there currently exist to study the various facets of social cognition. The first part focusses on various aspects of social cognition across primates, from the relationship between food and social behaviour to the connection with empathy and communication, offering a multitude of innovative approaches (...) that range from field-studies to philosophy. The second part details the various epistemic and methodological means there exist to study social cognition, in particular how to ascertain the proximal and ultimate mechanisms of social cognition through experimental, modelling and field studies. In the final part, the mechanisms of cultural transmission in primate and human societies are investigated, and special attention is given to how the evolution of cognitive capacities underlie primates’ abilities to use and manufacture tools, and how this in turn influences their social ecology. A must-read for both, young scholars as well as established researchers! (shrink)

An important shift is taking place in social cognition research, away from a focus on the individual mind and toward embodied and participatory aspects of social understanding. Empirical results already imply that social cognition is not reducible to the workings of individual cognitive mechanisms. To galvanize this interactive turn, we provide an operational definition of social interaction and distinguish the different explanatory roles – contextual, enabling and constitutive – it can play in social cognition. We show that interactive processes are (...) more than a context for social cognition: they can complement and even replace individual mechanisms. This new explanatory power of social interaction can push the field forward by expanding the possibilities of scientific explanation beyond the individual. (shrink)

Colonial ascidians offer opportunities to investigate how developmental events are integrated to generate the animal form, since they can develop similar individuals (oozooids from eggs, blastozooids from pluripotent somatic cells) through very different reproductive processes, i.e. embryogenesis and blastogenesis. Moreover, thanks to their key phylogenetic position, they can help in the understanding of the molecular mechanisms of morphogenesis and their evolution in chordates. We review organogenesis of the ascidian neural complex comparing embryos and buds in terms of topology, developmental mechanisms (...) and terminology. We propose a new interpretation of bud territories, and reconsider nervous system development based on recent results suggesting that ascidians have vertebrate placodal and neural‐crest‐like cells. Comparing embryonic and blastogenic development in Botryllus schlosseri, we propose that the bud has territories with a placodal potentiality, suggesting that chordate ancestors possessed neurogenic placodes, and that the genetic pathways regulating neurogenic placode formation were co‐opted for new developmental processes, such as blastogenesis. BioEssays 28: 902–912, 2006. © 2006 Wiley periodicals, Inc. (shrink)

A novel theoretical framework for an embodied, non-representational approach to language that extends and deepens enactive theory, bridging the gap between sensorimotor skills and language. -/- Linguistic Bodies offers a fully embodied and fully social treatment of human language without positing mental representations. The authors present the first coherent, overarching theory that connects dynamical explanations of action and perception with language. Arguing from the assumption of a deep continuity between life and mind, they show that this continuity extends to language. (...) Expanding and deepening enactive theory, they offer a constitutive account of language and the co-emergent phenomena of personhood, reflexivity, social normativity, and ideality. Language, they argue, is not something we add to a range of existing cognitive capacities but a new way of being embodied. Each of us is a linguistic body in a community of other linguistic bodies. The book describes three distinct yet entangled kinds of human embodiment, organic, sensorimotor, and intersubjective; it traces the emergence of linguistic sensitivities and introduces the novel concept of linguistic bodies; and it explores the implications of living as linguistic bodies in perpetual becoming, applying the concept of linguistic bodies to questions of language acquisition, parenting, autism, grammar, symbol, narrative, and gesture, and to such ethical concerns as microaggression, institutional speech, and pedagogy. (shrink)

As yet, there is no enactive account of social cognition. This paper extends the enactive concept of sense-making into the social domain. It takes as its departure point the process of interaction between individuals in a social encounter. It is a well-established finding that individuals can and generally do coordinate their movements and utterances in such situations. We argue that the interaction process can take on a form of autonomy. This allows us to reframe the problem of social cognition as (...) that of how meaning is generated and transformed in the interplay between the unfolding interaction process and the individuals engaged in it. The notion of sense-making in this realm becomes participatory sense-making. The onus of social understanding thus moves away from strictly the individual only. (shrink)

A proposal for the biological grounding of intrinsic teleology and sense-making through the theory of autopoiesis is critically evaluated. Autopoiesis provides a systemic language for speaking about intrinsic teleology but its original formulation needs to be elaborated further in order to explain sense-making. This is done by introducing adaptivity, a many-layered property that allows organisms to regulate themselves with respect to their conditions of viability. Adaptivity leads to more articulated concepts of behaviour, agency, sense-construction, health, and temporality than those given (...) so far by autopoiesis and enaction. These and other implications for understanding the organismic generation of values are explored. (shrink)

This paper reformulates some of the questions raised by extended mind theorists from an enactive, life/mind continuity perspective. Because of its reliance on concepts such as autopoiesis, the enactive approach has been deemed internalist and thus incompatible with the extended mind hypothesis. This paper answers this criticism by showing (1) that the relation between organism and cogniser is not one of co-extension, (2) that cognition is a relational phenomenon and thereby has no location, and (3) that the individuality of a (...) cogniser is inevitably linked with the question of its autonomy, a question ignored by the extended mind hypothesis but for which the enactive approach proposes a precise, operational, albeit non-functionalist answer. The paper raises a pespective of embedded and intersecting forms of autonomous identity generation, some of which correspond to the canonical cases discussed in the extended mind literature, but on the whole of wider generality. In addressing these issues, this paper proposes unbiased, non-species specific definitions of cognition, agency and mediation, thus filling in gaps in the extended mind debates that have led to paradoxical situations and a problematic over-reliance on intutions about what counts as cognitive. (shrink)

Several authors have made claims about the compatibility between the Free Energy Principle and theories of autopoiesis and enaction. Many see these theories as natural partners or as making similar statements about the nature of biological and cognitive systems. We critically examine these claims and identify a series of misreadings and misinterpretations of key enactive concepts. In particular, we notice a tendency to disregard the operational definition of autopoiesis and the distinction between a system’s structure and its organization. Other misreadings (...) concern the conflation of processes of self-distinction in operationally closed systems and Markov blankets. Deeper theoretical tensions underlie some of these misinterpretations. FEP assumes systems that reach a non-equilibrium steady state and are enveloped by a Markov blanket. We argue that these assumptions contradict the historicity of sense-making that is explicit in the enactive approach. Enactive concepts such as adaptivity and agency are defined in terms of the modulation of parameters and constraints of the agent-environment coupling, which entail the possibility of changes in variable and parameter sets, constraints, and in the dynamical laws affecting the system. This allows enaction to address the path-dependent diversity of human bodies and minds. We argue that these ideas are incompatible with the time invariance of non-equilibrium steady states assumed by the FEP. In addition, the enactive perspective foregrounds the enabling and constitutive roles played by the world in sense-making, agency, development. We argue that this view of transactional and constitutive relations between organisms and environments is a challenge to the FEP. Once we move beyond superficial similarities, identify misreadings, and examine the theoretical commitments of the two approaches, we reach the conclusion that far from being easily integrated, the FEP, as it stands formulated today, is in tension with the theories of autopoiesis and enaction. (shrink)

The enactive approach provides a perspective on human bodies in their organic, sensorimotor, social, and linguistic dimensions, but many fundamental issues still remain unaddressed. A crucial desideratum for a theory of human bodies is that it be able to account for concrete human becoming. In this article I show that enactive theory possesses resources to achieve this goal. Being an existential structure, human becoming is best approached by a series of progressive formal indications. I discuss three standpoints on human becoming (...) as open, indeterminate, and therefore historical using the voices of Pico della Mirandola, Gordon W. Allport, and Paulo Freire. Drawing on Gilbert Simondon’s philosophy of individuation we move from an existential to an ontological register in looking at modes of embodied becoming. His scheme of interpretation of the relation between modes of individuation allows us to understand human becoming in terms of a tendency to neotenization. I compare this ontology with an enactive theoretical account of the dimensions of embodiment, finding several compatibilities and complementarities. Various forms of bodily unfinishedness in enaction fit the Simondonian ontology and the existential analysis, where transindividuality corresponds to participatory sense-making and Freire’s joint becoming of individuals and communities correlates with the open tensions in linguistic bodies between incorporation and incarnation of linguistic acts. I test some of this ideas by considering the plausibility of artificial bodies and personal becoming from an enactive perspective, using the case of replicants in the film Blade Runner. The conclusion is that any kind of personhood, replicants included, requires living through an actual history of concrete becoming. (shrink)

A proposal for the biological grounding of intrinsic teleology and sense-making through the theory of autopoiesis is critically evaluated. Autopoiesis provides a systemic lan- guage for speaking about intrinsic teleology but its original formulation needs to be elaborated further in order to explain sense-making. This is done by introducing adaptivity, a many-layered property that allows organisms to regulate themselves with respect to their conditions of via- bility. Adaptivity leads to more articulated concepts of behaviour, agency, sense-construction, health, and temporality than (...) those given so far by autopoiesis and enaction. These and other implications for understanding the organismic generation of values are explored. (shrink)