A significant body of research concludes that stable beliefs of perceived consumer effectiveness lead to sustainable consumption choices. Consumers who believe that their decisions can significantly affect environmental and social issues are more likely to behave sustainably. Little is known, however, about how perceived consumer effectiveness can be increased. We find that feelings of guilt and pride, activated by a single consumption episode, can regulate sustainable consumption by affecting consumers’ general perception of effectiveness. This paper demonstrates the impact that guilt (...) and pride have on perceived consumer effectiveness and shows how this effect rests on the ability of these emotions to influence perceptions of agency. After experiencing guilt or pride, consumers see themselves as the cause of relevant sustainability outcomes. The process of causal attribution associated with these emotions influences consumers’ use of neutralization techniques. Through the reduction in consumers’ ability to neutralize their sense of personal responsibility, guilt and pride positively influence perceived consumer effectiveness. The inability to rationalize-away their personal responsibility, persuades consumers that they affect sustainability outcomes through their decisions. The research advances our understanding of sustainable consumption and identifies a new avenue for the regulation of individual consumer behavior that has significant implications for the development of sustainable marketing initiatives. (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)

A growing body of literature documents the important role played by moral outrage or moral anger in stakeholders’ reactions to cases of corporate social irresponsibility. Existing research focuses more on the consequences of moral outrage than a systematic analysis of how appraisals of irresponsible corporate behavior can lead to this emotional experience. In this paper, we develop and test, in two field studies, an extended model of moral outrage that identifies the cognitions that lead to, and are associated with, this (...) emotional experience. This research contributes to the existing literature on reactions to corporate social irresponsibility by explaining how observers’ evaluation of irresponsible corporate behavior leads to reactions of moral anger. The paper also helps clarify the difference between moral outrage and other types of anger and offers useful insights for managers who have to confront public outrage following cases of irresponsible corporate behavior. Finally, the analysis of the causes of stakeholders’ anger at irresponsible corporations opens important avenues for future research that are presented in the paper. (shrink)

In this paper we investigate splitting algebras in varieties of logics, with special consideration for varieties of BL-algebras and similar structures. In the case of the variety of all BL-algebras a complete characterization of the splitting algebras is obtained.

At the same time, the book is a contribution to recent philosophical debates, in particular on the prospects for a successful nominalist reconstruction of .

That words express a conceptual content is uncontroversial. This does not entail that their content should break down neatly into a grammatical part, relevant for language and to be analyzed in linguistic terms, and a conceptual part, relevant for cognition and to be analyzed in psychological terms. Various types of empirical evidence are reviewed, showing that the conceptual content of words cannot be isolated from their linguistic properties, because it is affected and shaped by them. The view of words as (...) labels or containers for a non-linguistic conceptual content stems from a naive disregard of the complex and structured nature of lexical knowledge. On the contrary, knowledge of language is shown not just to organize and categorize conceptual content in a way not reducible to non-linguistic cognition, but also to affect its scope, as the range of verbalized concepts is both limited by abstract templates and expanded by productive word formation. This suggests that lexical knowledge is a distinctively linguistic dimension of conceptualization, and that words do not so much label or package concepts, as provide an inner form for conceptual knowledge. (shrink)

This article recounts how Neo-Scholastic international lawyers navigated the complex political landscape of the 1920s and 30s, combining universalism, nationalism and religious belief. Participating in the contemporary re-engagement of Catholics with modern politics, they re-imagined the international legal order in Catholic terms. They argued that a universal morality, overruling the extremes of state sovereignty, was the only solid basis for just and stable global legal relations. While the contribution of Catholics to the establishment of the post-war world order and the (...) rise of human rights is widely acknowledged, the interwar genealogy of these developments is not. Reading these thinkers’ universalist legal tenets in conjunction with their political trajectories provides a relevant frame to understand the moral charge characterizing international law in the early years of the Cold War. (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)

Heinrich Behmann (1891-1970) obtained his Habilitation under David Hilbert in Göttingen in 1921 with a thesis on the decision problem. In his thesis, he solved - independently of Löwenheim and Skolem's earlier work - the decision problem for monadic second-order logic in a framework that combined elements of the algebra of logic and the newer axiomatic approach to logic then being developed in Göttingen. In a talk given in 1921, he outlined this solution, but also presented important programmatic remarks on (...) the significance of the decision problem and of decision procedures more generally. The text of this talk as well as a partial English translation are included. (shrink)

Current research has documented how cases of irresponsible corporate behavior generate negative reactions from consumers and other stakeholders. Existing research, however, has not examined empirically whether the characteristics of the victims of corporate malfeasance contribute to shaping individual reactions. This study examines, through four experimental surveys, the role played by the national identity of the people affected on consumers’ intentions to spread negative word of mouth. It is shown that national identity influences individual reactions indirectly; mediated by perceived similarity and (...) sympathy. Consumers perceive foreign victims as different from the self and this reduces the sympathy experienced towards them. Sympathy is an emotion that shapes consumer reactions and regulates WOM. The study identifies two moderating processes of this effect. Individuals who score high on collective narcissism are most likely to be strongly biased against foreign victims. In-group bias is also moderated by the perceived severity of the crisis. When a case is perceived as very serious, perceived similarity plays a less important role in generating sympathy because consumers focus on the perceived suffering of the victims. Hence, in-group bias is stronger in cases perceived as having minor consequences. The paper contributes to the literature on corporate social irresponsibility and offers implications for both scholars and managers. (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)

The literature on indicative conditionals contains two appealing views. The first is the selectional view: on this view, conditionals operate by selecting a single possibility, which is used to evaluate the consequent. The second is the informational view: on this view, conditionals don’t express propositions, but rather impose constraints on information states of speakers. Both views are supported by strong arguments, but they are incompatible on their standard formulations. Hence it appears that we have to choose between mutually exclusive options. (...) But the options are not exclusive. This paper develops a theory of the semantics and assertability of conditionals that is both selectional and informational. The theory vindicates the signature inferences of both selectional and informational theories, including so-called Conditionals Excluded Middle and principles about the interplay between conditionals and ‘might’. It also predicts some interesting and puzzling facts about the assertion of conditionals. (shrink)

Is it the task of legal semiotics or the legal philosophers to define legal semiotics? For the philosopher of law, the question recalls the distinction between philosophers’ philosophy of law and legal scholars’ philosophy of law. The thesis that the paper argues is that a semiotic legal perspective can also be sought from the analysis of anthropological knowledge on the origin of the social bond and society, implying a social and institutional theory of the mind. In the first paragraph, the (...) search for a different kind of rationality emerges from a semiotician, Jürgen Trabant, who analyses semiotically the thought of a rhetorician and philosopher of law, Giambattista Vico. In the second paragraph, the anthropological notion of social bond emerges from the debate on the relationship between the idea of the gift and that of exchange. In the third paragraph, the analysis of the legal notion of thirdness recognizes the central role of myth and fiction in the configuration of the civil world and sign, returning to Vico’s critical view of the philosophy of language as an institution of society. (shrink)

This article begins by examining the status of “difference” in representations of perspectivist cosmologies, which are themselves often represented as radically different to Euro-American cosmologi...

Scholars of aristotelian political philosophy generally agree that the project of the ideal polis of Politics VII – VIII is strictly linked to Ethics. They disagree however on the nature of the constitution outlined. It is broadly accepted that it is a "polity". In this paper I deal with the topic of aristocracy in aristotelian political thought and I show that, throughout Politics, Aristotle never swerved from the idea of aristocracy as the optimal constitution, where the truly virtuous rule. Finally (...) I argue that the ideal polis of Politics VII – VIII, though it is never explicitly thus termed, is an aristocracy. (shrink)

European Journal of Philosophy, Volume 29, Issue 4, Page 937-947, December 2021.

Natural language conditionals seem to be subject to three logical requirements: they invalidate Antecedent Strengthening, they validate so-called Simplification of Disjunctive Antecedents, and they allow for the replacement of logically equivalent clauses in antecedent position. Unfortunately, these requirements are jointly inconsistent. Conservative solutions to the puzzle drop Simplification, treating it as a pragmatic inference. I show that pragmatic accounts of Simplification fail, and develop a truthmaker semantics for conditionals that captures all the relevant data. Differently from existing truthmaker semantics, my (...) semantics extends, rather than replaces, standard possible worlds semantics. The main innovation is the notion of a truthmaker in play: this notion is cognitive, rather than metaphysical, and can be defined in a purely syntactic way. (shrink)

This paper investigates the link between informational consequence and credence. I first suggest a natural constraint, namely that informational consequence should preserve certainty: on any rational credence distribution, when the premises of an informational inferences have credence 1, the conclusion also has credence 1. Then I show that the certainty‐preserving constraint leads to triviality. In particular, the following three claims are incompatible: (i) informational consequence is extensionally distinct from classical consequence; (ii) informational inferences preserve certainty; (iii) credences obey (a subset (...) of) classical Bayesian constraints. The proof is straightforward, but the theoretical implications are substantial. Informational theorists need to either give up the idea that credence applies to epistemic discourse, or develop a nonclassical theory of credence and credal update. Moreover, the result also suggests that there is a connection between informational consequence and triviality results, including classical triviality results like Lewis's. (shrink)

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 paper is to explore the status of argumentative discourse. We argue that argumentation can contribute to instances of different discourse genres, regardless of whether it is functional to their purposes. By analyzing examples from the daily press in the light of an approach to discourse analysis inspired by pragmatics, we show that also texts that are not expected to be argumentative have underlying argumentative structures and that a text’s being argumentative is a matter of degree: the (...) understanding of underlying argumentative structures contributes to a varying extent to the understanding of what a text as a whole means and of its point in the speech situation. This role of argumentative structures in text understanding suggests considering argumentation as a cognitively-based dimension of discourse, connected to human rationality. (shrink)

This paper investigates whether, and if so, in what way, argumentation can be profitably described in speech-act theoretical terms. I suggest that the two theories of argumentation that are supposed to provide the most elaborate analysis of it in speech-act theoretical terms (namely van Eemeren and Rob Grootendorst’s Pragma-Dialectics and Lilian Bermejo-Luque’s linguistic normative model of argumentation) both suffer from the same two flaws: firstly, their “illocutionary act pluralism” assumption and secondly, a lack of interest in where arguing belongs in (...) the classification of illocutionary acts. I argue that these flaws derive from the authors’ reliance on an intention-based speech-theoretical framework. Finally, I adopt a deontic framework for speech acts in order to propose an alternative way of accounting for argumentation which seems to overcome the two limitations outlined above. According to this framework, argumentation may be conceived as a speech act sequence, characterized by the conventional effects brought about by the communicative moves (as illocutionary acts) of which it is composed. (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)

Neuroeconomics, neuromarketing, neuroaesthetics, and neurotheology are just a few of the novel disciplines that have been inspired by a combination of ancient knowledge along with recent discoveries about how the human brain works.This fascinating and thought provoking new book critically questions our love affair with brain imaging.

Pierre de Fermat is known as the inventor of modern number theory. He invented–improved many methods useful in this discipline. Fermat often claimed to have proved his most difficult theorems thanks to a method of his own invention: the infinite descent. He wrote of numerous applications of this procedure. Unfortunately, he left only one almost complete demonstration and an outline of another demonstration. The outline concerns the theorem that every prime number of the form 4n + 1 is the sum (...) of two squares. In this paper, we analyse a recent proof of this theorem. It is interesting because: it follows all the elements of which Fermat wrote in his outline; it represents a good introduction to all logical nuances and mathematical variants concerning this method of which Fermat spoke. The assertions by Fermat will also be framed inside their historical context. Therefore, the aims of this paper are related to the history of mathematics and to the logic of proof-methods. (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)

In this paper we investigate splitting algebras in varieties of logics, with special consideration for varieties of BL-algebras and similar structures. In the case of the variety of all BL-algebras a complete characterization of the splitting algebras is obtained.

Aristotle's theory of truth, which has been the most influential account of the concept of truth from Antiquity onwards, spans several areas of philosophy: philosophy of language, logic, ontology and epistemology. In this 2004 book, Paolo Crivelli discusses all the main aspects of Aristotle's views on truth and falsehood. He analyses in detail the main relevant passages, addresses some well-known problems of Aristotelian semantics, and assesses Aristotle's theory from the point of view of modern analytic philosophy. In the process (...) he discusses most of the literature on Aristotle's semantic theory to have appeared in the last two centuries. His book vindicates and clarifies the often repeated claim that Aristotle's is a correspondence theory of truth. It will be of interest to a wide range of readers working in both ancient philosophy and modern philosophy of language. (shrink)

According to the orthodox account developed by Kaplan, indexicals like I, you, and now invariably refer to elements of the context of speech. This essay argues that the orthodoxy is wrong. I, you, and the like are shifted by certain modal operators and hence can fail to refer to elements of the context, for example, I can fail to refer to the speaker. More precisely, indexicals are syntactically akin to logical variables. They can be free, in which case they work, (...) roughly, on the Kaplan model. But they can also be bound: this happens, in a systematic fashion, when they are in the scope of epistemic modals or attitude verbs. The new view has two interesting philosophical consequences. First, it vindicates a broadly Fregean perspective on referential expressions, essentially refuting the idea that indexicals are rigid designators. Second, it suggests a new picture of the interaction between context and linguistic meaning: compositional semantics does not need to look at the context and hence has no need for a context parameter. (shrink)

This paper explores the epistemology of extrapolation from model organisms to humans in molecular medicine. We take into account two common views on the issue, the homology view and the disanalogy view. In response to both interpretations, we argue that the foundational basis of extrapolations cannot simply be provided by homology and that relevant disanalogies can, thanks to the techniques of molecular biology, be experimentally controlled and exploited to allow useful and reliable extrapolations. The case of "humanised mice" in the (...) context of cancer stem cell research provides evidence of how animal models can be construed to approximate bona fide causal analogue models of human diseases. To supplement this view we show how the epistemology of model organisms needs to take into account the engineering side of molecular medicine. Model organisms are often manipulated to create analogies or remove disanalogies with the target system. We maintain that highlighting this feature is fundamental to explain what warrants extrapolation in the search for the molecular causes of disease. (shrink)

This paper investigates what happens when we merge two different lines of theorizing about counterfactuals. One is the comparative closeness view, which was developed by Stalnaker and Lewis in the framework of possible worlds semantics. The second is the interventionist view, which is part of the causal models framework developed in statistics and computer science. Common lore and existing literature have it that the two views can be easily fit together, aside from a few details. I argue that, on the (...) contrary, transplanting causal-models-inspired ideas in a possible worlds framework yields a new semantics. The difference is grounded in different algorithms for handling inconsistent information, hence it touches on issues that are at the very heart of a semantics for contrary-to-fact conditionals. Roughly, Stalnaker/Lewis semantics requires us to evaluate the consequent of a counterfactual at all closest antecedent-verifying possibilities. Causal-models-based semantics also does this, but in addition uses the information contained in the antecedent, together with background causal information, to shift what worlds count as closest. This makes systematically different predictions and generates a new logic. The upshot is that we have a new semantics to study, and a substantial theoretical choice to make. (shrink)

Enactive cognitive science combines questions in epistemology, ontology, and ethics by conceiving of bodies as open-ended and mutually transforming through activity. While enaction is not a theory of ethics, it can contribute to its foundations. We present a schematization of enactive ideas that underlie traditional distinctions between Being, Knowing, and Doing. Ethics in this scheme begins in the relation between knowing and becoming. Critical of dichotomous thinking, we approach the questions of alterity and ethical reality. Alterity is relevant to the (...) enactive approach, but not in the radical sense of transcendental arguments. We propose difference, instead, as a more generative concept. Following Simondon, we see norms and values manifest in webs of past and future acts together with their potentialities for becoming. We propose a transindividual concept of moral attunement that includes ethical know-how and consciousness raising. Through generative difference and attunement to configurations of becoming, enaction underpins an ethics of participation linking virtue ethics and ethics of care. (shrink)

The aim of this paper is to explore the status of argumentative discourse. We argue that argumentation can contribute to instances of different discourse genres, regardless of whether it is functional to their purposes. By analyzing examples from the daily press in the light of an approach to discourse analysis inspired by pragmatics, we show that also texts that are not expected to be argumentative have underlying argumentative structures and that a text’s being argumentative is a matter of degree: the (...) understanding of underlying argumentative structures contributes to a varying extent to the understanding of what a text as a whole means and of its point in the speech situation. This role of argumentative structures in text understanding suggests considering argumentation as a cognitively-based dimension of discourse, connected to human rationality. (shrink)

Without extending the historical analysis, this article analyzes the relationship between the legal concept of person with regard to the notion of living independently. The concept is normatively established in Article 19 of the CRPD and is presented as a legal fiction. The legal technique of fictio iuris is the premise for analyzing contemporary problems, for example, the attribution of responsibilities to non-human personalities, such as robots. The article, however, develops the problem of attributing rights to persons with disabilities. The (...) contraposition of robots and disabled people, understood as opposing visions of anthropological and human models, is part of the philosophical dispute between humanism and post- or transhumanism. The conception of man appears different if created in the image and likeness of God, or as the fruit of evolution from primates, or as a transhumanist entity that can be replaced by the robot. The latter vision is rooted in the mechanization of the mind triggered by cybernetics and cognitive sciences and referable to problems of justice theory and political philosophy concerning the inclusion in society of disabled people. In this article I will limit myself to analyzing, against the background of this complex problem, the link between person, legal fiction and the right to disability starting from the criticism addressed by Nussbaum to Rawls based on the convention and following the methodology developed by Marchisio and Curto in order to clarify the legal connection between thirdness, disability, and person.However, I go one step further by including the issue of disability as justice within the evolution of the notion of the legal person, through the inclusion of fictio iuris and rhetorical methodology in positive law, as a criterion for the interpretation of art. 19 CRPD. (shrink)

The paper aims to analyze the problems that religious truth, particularly Christian truth understood as an event, poses to the category of de re truth. How does the conception of truth ‘as event’ stand phenomenologically in relation to the contemporary analytical debate on truth? Statements in the catechism such as “true God and true man” referring to Jesus, or the same words attributed to Jesus in John’s gospel (14:6) such as “I am the way, the truth or the life” how (...) can they be understood in relation to the category of recently called ‘dual character concepts’? Is there a difference between the notion of ‘true warrior’ and that of ‘true God’? When is a person appropriately categorized as a true man? When is a person appropriately categorized as a true God? What is the relationship between faith and truth? (shrink)

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)