The article reconstructs the is/ought debate in legal theory through a phenomenological reading of the concept of normality. An analysis of Siniscalchi, Fuller and Manderson looks at the issue from the perspective of law and literature, and then applies Giambattista Vico’s rhetorical methodology within the contemporary debate. The question: “is Hume’s law really visible within Hume’s thought?” also paradoxically poses the figure of phantoms and fictions at the heart of the current theoretical debate on law. A history of the phantom (...) placed at the centre of the history of Western institutions still remains to be written, but a comparison of very diverse and incongrous approaches such as the extended order of Hayek, the dogmatic anthropology of Legendre, the eunomics of Fuller and the new science of Vico shows how the mystery of consciousness and the mystery of institutions are inextricably entwined. It is impossible at the moment to draw a coherent doctrine from these conflicting perspectives, but their convocation is sufficient to demonstrate how the theory of law is always suspended between the unknown and the human attempt to inhabit it, moving us toward an affective turn that has yet to be fully conceived in the theory of law, following the iconic turn. The anthropological primacy of fictio and the aesthetic-legal dimension in the constitution of language is not that of a logic and separation from the body and meaning, but the exact inverse, even in the unavoidable constant tension between the two poles: logic is born through the gesture of the body that precedes it, as myth precedes the foundation of the State; the origin of the concept is affective, as Hume, and perhaps Vico himself, would have passionately affirmed. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 357-370.

Aristotle created logic and developed it to a level of great sophistication. There was nothing there before; and it took more than two millennia for something better to come around. The astonishment experienced by readers of the Prior Analytics, the most important of Aristotle's works that present the discipline, is comparable to that of an explorer discovering a cathedral in a desert. This article explains and evaluates some of Aristotle's views about propositions and syllogisms. The most important omission is the (...) difficult subject of syllogisms involving modalities. Aristotle distinguishes two relations of opposition that can obtain between propositions with the same subject- and predicate-expressions: contrariety and contradiction. In every canonical syllogism, one term is common to the two premises: it is called “middle term,” or simply “middle.” The remaining two terms of the premises are the only ones occurring in the conclusion: they are called “extreme terms,” or simply “extremes.”. (shrink)

The aim of this article is to understand an important passage in the history of the sciences of the psyche: starting from the psychiatric problematization — and the consequent emergence — of the concept and the object called ‘sexuality’ in the second half of the 19th century, it attempts to show a series of continuities and discontinuities between this kind of reasoning and the birth of psychoanalysis in the first years of the 20th century. The particular focus is therefore directed (...) on two texts: Krafft-Ebing’s Psychopathia Sexualis and Freud’s Three Essays on the Theory of Sexuality. The argument runs along three intertwined axes: (1) an historico-epistemological analysis of the concepts and their transformations in the field of the science of sexuality; (2) an analysis of the power relationships between patients and physicians; and (3) an account of the psychiatric technologies of the self that have as an effect the emergence of new forms of ‘objective’ knowledge of the subject. The broader goal is to trace a map of the simultaneous and correlate coming into being and transformations both of new forms of objects and of new forms of subjects through the mediation of scientific concepts and techniques. (shrink)

_An examination of the philosophical notion of sacrifice from Kant to Nietzsche._.

"The fact is, man is an etymologizing animal."Etymologizing—the practice of connecting one word with one or more other similar-sounding words that are believed to elucidate its meaning1—is a complex and putatively universal phenomenon.2 Thus, to take two representative examples far apart in time and space, etymologizing practices figure prominently in some episodes of the Hebrew Bible,3 but also provide some modern influential thinkers with an important mode of argument.4 Perhaps etymologizing is so pervasive because it offers a pliable and powerful (...) tool for addressing a key question, namely, why is something called what it is?While this question has universal appeal, only a few cultures seem to have addressed it... (shrink)

The aim of this chapter is to reconstruct a hypothetical genealogy of the U.S. national motto “in God we Trust” by comparing the juridical and theological concept of “depositum”. According to Philo of Alexandria, the deposit was the most sacred institutional act of ancient social life, because it had both a religious and a sociological function. According to the Epistulae to Timothy the term ‘deposit’ defined the legacy of the Christian faith of which the disciple of St. Paul was entrusted. (...) His task was to manage this legacy and to spread it among the others. Hence the deposit defined at the same time a contract based upon good faith and a symbolic space of “security”, namely a container that protected an unchangeable content: the oral knowledge transmitted by Christ to the Apostoles and, indirectly, to St. Paul. The depositum was also the procedure through which the word of Christ would acquire all its potential. On the other hand, the contract defined as “depositum” by Roman law was characterized by a centrality of the so-called bona fides and by the distinction between regular and irregular deposit. This means that the principle of good faith should lead the conducts of the manager whose task is exactly to look after an object called Christian faith. How can we interpret the word ‘trust’ according to the juridico-political remarks? The purpose of this chapter is to explain all these related issues. (shrink)

The article aims at describing an alternative way to the Foucaldian escape of sovereignty. According to Foucault the only chance to reach this goal is to “go beyond” this concept as well as of linked concepts such as “law” and “institution”. On the one hand this vision is affected by the erroneous identification of law with the order of the sovereign, while the original private dimension of law is totally neglected. On the other hand, Foucault cannot assume that it is (...) also possible to delegitimize sovereignty with the very tools of law, namely in a trial. The article deals with the case of the «mutilated sovereignty» of the Italian State which has been acknowledged by a court in 2006. The government has been compensated for the damages suffered by the State because of the illegal activity in a region. The sovereignty has been “estimated”. But estimating something unquantifiable like sovereignty is destroying its symbolic force. (shrink)

Biopolitics, as interaction of power and subjectivity, creates new ways of making law. It is no longer the definition of borders. It gives legitimacy to emerging practices.

The institution is always a heteronomous construction which supposes the intervention of a “fiat” establishing a break in the continuum of the natural succession of events. This beginning is a sequence of acts leading to a practical judgment on a reality that exists only because of this qualification. This is the sense of the legal verb instituere. The paper tests this vision of the institution on the case of a widespread practice in the managerial world: the 360-degree feedback. A Jesuit (...) genealogy of this practice illustrates new cultures within the firm and the consequences on the subjectivity level. (shrink)

We present a sequent calculus for extensional mereology. It extends the classical first-order sequent calculus with identity by rules of inference corresponding to well-known mereological axioms. Structural rules, including cut, are admissible.

The homeopathic principle of similitude is not based on the principle of vaccination but on the more general principle of inversion of effects, a widespread medical phenomenon. Based on the systemic networks which play an important role in response to stress, this principle concerns the reorganization of regulation systems, through a coherent response to the medicine. This model is backed by a large number of published studies from our laboratory and others, by toxicological evidence such as the emerging fields of (...) ‘hormesis’, of neuropharmacology, and of systems biology. The immune system is just one example of the possible application of this law of similitude, which constitutes the true ‘heart’ of the homeopathic idea, and again ethically justifies the attempt to apply it to experimental pharmacology. (shrink)

Ce texte examine l’affirmation d’Aristote qui se trouve dans les Seconds Analytiques II 19, que la perception porte sur l’universel. L’examen s’effectuera par le biais du De Anima II 6 et III 6-8 où Aristote décrit les objets de la perception et de l’intellect. L’auteur soutient que selon Aristote, la perception humaine porte toujours sur l’universel contenu dans le particulier parce que l’unité de la substance individuelle est garante de l’unité de l’acte de perception. Par conséquent, l’analyse en termes de (...) trois objets de perception n’est que le résultat de la méthode analytique qu’Aristote emploie afin d’étudier l’acte de perception. (shrink)

La grammaire de la multitude en définit les traits saillants : le premier est la fin de la séparation du public et du privé. En découle un nouveau rapport entre l’individuel et le collectif : on ne converge pas dans l’Un, on agit différemment à partir d’un fond commun. La multitude est ambivalente, servile et révoltée à la fois. Elle aime avoir peur, mais en étant à l’abri, elle demande de la sécurité. Elle est animée par le sentiment de ne (...) pas se sentir chez soi, et adopte par rapport à cela des stratégies différentes, voire opposées. Les « lieux communs » caractérisent ses discours qui prennent des formes très générales. Ce recours aux « lieux communs » vient directement du sentiment de ne pas se sentir chez soi, et de devoir penser de quelle manière on y est. Mais l’aspect public de l’intellect éprouvé en commun, loin de laisser libre, crée une dépendance personnelle par rapport à des hiérarchies diverses. Chacun se comporte en public en virtuose, en artiste interprète, dans la coopération productive en quoi consiste tout travail contemporain. (shrink)

In this paper, I propose the idea that the French mathematician Michel Chasles developed a foundational programme for geometry in the period 1827–1837. The basic concept behind the programme was to show that projective geometry is the foundation of the whole of geometry. In particular, the metric properties can be reduced to specific graphic properties. In the attempt to prove the validity of his conception, Chasles made fundamental contributions to the theory of polarity and also understood that a satisfactory development (...) of projective geometry has to overcome the specificity of that theory itself. In this perspective, he developed his ideas on duality and homography, showing their dependence on the concept that he was going to pose at the basis of geometry: the anharmonic ratio, today called cross-ratio. The conceptual itinerary that starts from Chasles’ studies on polarity and ends with his results based on the cross-ratio represents the itinerary of his foundational programme. I will follow this complex and interesting line of thought, place it in the context of what was then called descriptive geometry, and outline a connection with the later great results of Von Staudt, Cayley, and Klein. (shrink)