This article examines various models of legal interpretation and their implications for comparative law, drawing inspiration from Rodolfo Sacco’s early career theories. It contrasts the Tarskian Correspondence Model, which seeks objective reality in legal texts, with the Symphonic Model, which interprets legal language as a harmonious interplay of elements. The Tarskian model reflects classical legal thought’s search for fixed meanings, while the Symphonic model aligns with contemporary legal practice’s nuanced understanding. Further, the article explores Heraclitean Realism, acknowledging the fluidity of (...) language and meaning, and the Provocative Tapestry Model, which introduces paradox and tension in legal interpretation. These models are likened to narrative genres, offering varied approaches to understanding legal discourse: the Tarskian model as a detective novel, the Symphonic model as a comedy, the Living Tapestry model as a melodrama, and the Provocative Tapestry model as a tragedy. The article argues that these models of legal interpretation do not inherently carry a political essence; the political stance emerges from the choices of interpreters. It emphasizes the need for human agency in the application of legal norms and the responsibility of legal professionals to actively engage in the interpretation process. Comparative law is discussed as a discipline that benefits from understanding these diverse interpretative models, as it seeks to analyze legal systems across jurisdictions. The article concludes that while narrative styles in legal interpretation have political histories, they are not bound to specific ideologies, highlighting the versatility and subjectivity in the field of legal interpretation. (shrink)

This paper analyses the intertwinement of legal philosophy and political theory in the British intellectual framework between the late 19th and early 20th centuries, with specific regard to Harold Laski's works. I will try to illustrate the transition from 19th-century utilitarianism to H. L. A. Hart and Isaiah Berlin as evolving through important debates which include Laski's contribution. I will argue that a discussion of “juridical” obligation, i.e., the conditions of legal validity, may lie implicitly in these concerns that Laski (...) and other early 20th-century British authors had about “political” obligation—viz., about the nature of the state and its claim to obedience. By approaching Laski's theories and their genealogy through a legal-philosophical perspective, I will contend that this debate about political obligation anticipates to a considerable extent some of the most renowned conceptions of obligation in 20th-century British legal theory. (shrink)

Dominus Mundi: Political Sublime and the World Order by Pier Giuseppe Monateri is fuelled by the observation that after the pluralist nation states-based Westphalian world order, we are now witness...

Siamo ormai lontani dalla stagione in cui la forza propulsiva della “svolta linguistica” si impose come tendenza dominante nel dibattito filosofico. Da varie angolazioni si è potuto parlare negli ultimi anni di pictorial turn come antidoto all’egemonia del paradigma linguistico in filosofia. Il volume Verità, Immagine, Normatività. Truth, Image, and Normativity non si inserisce direttamente in questa nuova tendenza, ma ruota comunque intorno a questioni che derivano dal medesimo sfondo. I 24 saggi qui raccolti tengono conto dei diversi ruoli che (...) le immagini possono svolgere, a seconda che si focalizzi la loro dimensione descrittiva o normativa, e indagano alcuni aspetti del rapporto tra immagine e linguaggio. Questi problemi di filosofia dell’immagine, intesa sia come immagine cognitiva sia come immagine grafica, costituiscono il fil rouge di questo volume. Una tale riflessione sui linguaggi figurati e sulla comunicazione visiva non-linguistica costringe a riformulare in termini nuovi le grandi domande concernenti le tradizionali nozioni di verità, oggettività, normatività, consenso e persuasione. (shrink)

Traditional Informed Consent is becoming increasingly inadequate, especially in the context of research biobanks. How much information is needed by patients for their consent to be truly informed? How does the quality of the information they receive match up to the quality of the information they ought to receive? How can information be conveyed fairly about future, non-predictable lines of research? To circumvent these difficulties, some scholars have proposed that current consent guidelines should be reassessed, with trust being used as (...) a guiding principle instead of information. Here, we analyse one of these proposals, based on a Participation Pact, which is already being offered to patients at the Istituto Europeo di Oncologia, a comprehensive cancer hospital in Milan, Italy. (shrink)

This contribution proposes to reflect on a different way of considering the link be-tween temporality and nature, between aiôn and physis, in dialogue with the words and works of the Italian sculptor Giuseppe Penone. The basic idea is the following: we will not be able to essentially determine our cognitive and experien-tial relationship with nature, until we are able to know, experience and represent the time inscribed in being itself. The philosophical tradition has developed its conception of temporality mainly (...) along two lines: a “cosmic” line, of a physical, objective temporality, and a “phenomenological” one, of a temporality as an in-ternal articulation of human consciousness. Through the archaeological and conceptual excavation carried out by Penone, we will ask ourselves what it does mean to take care of the “subjective time of things”. (shrink)

A collection of essays dedicated to Pier Luigi Lecis' retirement. Contributors include: Mariano Bianca, Silvana Borutti, Vinicio Busacchi, Massimo Dell'Utri, Rosaria Egidi, Roberta Lanfredini, Giuseppe Lorini, Diego Marconi, Francesco Orilia, Paolo Parrini, Alberto Peruzzi, Simonluca Pinna, Pietro Salis, Paolo Spinicci.

Artefacts do not always do what they are supposed to, due to a variety of reasons, including manufacturing problems, poor maintenance, and normal wear-and-tear. Since software is an artefact, it should be subject to malfunctioning in the same sense in which other artefacts can malfunction. Yet, whether software is on a par with other artefacts when it comes to malfunctioning crucially depends on the abstraction used in the analysis. We distinguish between “negative” and “positive” notions of malfunction. A negative malfunction, (...) or dysfunction, occurs when an artefact token either does not or cannot do what it is supposed to. A positive malfunction, or misfunction, occurs when an artefact token may do what is supposed to but, at least occasionally, it also yields some unintended and undesirable effects. We argue that software, understood as type, may misfunction in some limited sense, but cannot dysfunction. Accordingly, one should distinguish software from other technical artefacts, in view of their design that makes dysfunction impossible for the former, while possible for the latter. (shrink)

This book is a systematic analysis of John R. Searle’s philosophy of mind. Searle’s view of mind, as a set of subjective _and_ biologically embodied processes, can account for our being part of nature _qua_ mindful beings. This model finds support in neuroscience and offers reliable solutions to the problems of consciousness, mental causation, and the self.

We here report the findings of our investigation into the validity of the conjunction fallacy (Tversky & Kahneman, 1983), bearing in mind the role of conversational rules. Our first experiment showed that subjects found a logically correct answer unacceptable when it implied a violation of the conversational rules. We argue that tautological questions, such as those which concern the relationship of inclusion between a class and its sub-class, violate conversational rules because they are not informative. In this sense, it is (...) not understood that the question in a Linda-type problem involves a comparison between an inclusive and included class, but presumed that a different type of comparison is intended. Tautological questions (and, consequently, also their answers) do not become a matter of discussion except under certain specific conditions. Our second experiment showed that, providing the context was adequately marked (such as in the case of a rhetorical question), the conjunction fallacy disappears. In two further experiments, the implications of our view were compared with those of the other critical approaches to the heuristic programme: the classical pragmatic view (which we call logical complementarity) and the frequentist view. (shrink)

The brain constructs within itself an understanding of its surround which constitutes its own world. This is described as its Double in the frame of the dissipative quantum model of brain, where the perception-action arc in the Merleau-Ponty’s phenomenology of perception finds its formal description. In the dialog with the Double, the continuous attempt to reach the equilibrium shows that the real goal pursued by the brain activity is the aesthetical experience, the most harmonious “to-be-in-the-world” reached through reciprocal actions, the (...) aesthetical dimension characterized by the “pleasure” of the perception. Aesthetical pleasure unavoidably implies disclosure, to manifest “signs”, artistic communication. An interpersonal, collective level of consciousness then arises, a larger stage where the actors are mutually dependent. The coherent structure of the brain background state manifests itself in the auto-similarity properties of fractal structures. These are observed to occur also in a large number of natural phenomena and systems. The conception of Nature divided in separated domains is replaced by the vision of Nature unified by laws of form implied by the underlying quantum dynamics of the coherent vacuum, an integrated ecological vision. (shrink)

A widespread opinion holds that norms and codes of conduct as such can only be established via words, that is, in some lexical form. This perspective can be criticized: some norms produced by human acts are not word-based at all. For example, many norms are actually conveyed through graphics (e. g. road signs and land-use maps), sounds (e. g. the referee’s whistle), a silent gesture (the traffic warden’s signal to halt). In this article, we will focus on the norms that (...) are created by means of drawings and can be termed “drawn norms” or “graphical norms.” Specifically, we will inquire into the phenomenon of graphical norms with particular regard to traffic signs and land-use plans, and we will discuss the philosophical and legal problems to which these phenomena give rise. (shrink)

We analyze the results from three different risk attitude elicitation methods. First, the broadly used test by Holt and Laury, HL, second, the lottery-panel task by Sabater-Grande and Georgantzis, SG, and third, responses to a survey question on self-assessment of general attitude towards risk. The first and the second task are implemented with real monetary incentives, while the third concerns all domains in life in general. Like in previous studies, the correlation of decisions across tasks is low and usually statistically (...) non-significant. However, when we consider only subjects whose behavior across the panels of the SG task is compatible with constant relative risk aversion, the correlation between HL and self-assessed risk attitude becomes significant. Furthermore, the correlation between HL and SG also increases for CRRA-compatible subjects, although it remains statistically non-significant. (shrink)

The author proposes an analysis on a key issue in 20th-century thought: the struggle against disciplinary specialism. This problem is stressed by the reflections of philosophers and scientists such as Ortega y Gasset, Erwin Chargaff, Werner Heisenberg, Konrad Lorenz, Karl Popper, Paul Feyerabend, and Edgar Morin.

In the current opinion paper, we provide a comparative perspective on specific aspects of primate empathic abilities, with particular emphasis on the mirror neuron system associated with mouth/face actions and expression. Mouth and faces can be very salient communicative classes of stimuli that allow an observer access to the emotional and physiological content of other individuals. We thus describe patterns of activations of neural populations related to observation and execution of specific mouth actions and emotional facial expressions in some species (...) of monkeys and in humans. Particular attention is given to dynamics of face-to-face interactions in the early phases of development and to the differences in the anatomy of facial muscles among different species of primates. We hypothesize that increased complexity in social environments and patterns of social development have promoted specializations of facial musculature, behavioral repertoires related to production and recognition of facial emotional expression, and their neural correlates. In several primates, mirror circuits involving parietal-frontal regions, insular regions, cingulate cortices, and amygdala seem to support automatic forms of embodied empathy, which probably contribute to facial mimicry and behavioural synchrony. In humans these circuits interact with specific prefrontal and temporo-parietal cortical regions, which facilitates higher order cognitive functions such as cognitive empathy and mental state attribution. Our analysis thus suggests that the evolution of higher forms of empathy, such as mentalizing, is also linked to the coupling between the perceptual and motor system related to face processing, which may have undergone a process of exaptation during primate phylogeny. (shrink)

The model presented in the target article includes feature processing and higher representations. I argue, based on neuropsychological evidence, that spatial representations are also involved in perceptual awareness of somatosensory events. Second, there is an asymmetry, with a right-hemisphere–based bilateral representation of the body. Third, the specific aspect of bodily awareness concerning motor function monitoring involves a network that includes the premotor cortex.

The target article undermines the existence of a shared unitary numerical format, illustrating a variety of representations. The / dichotomy does not capture their specific features. These representations are with respect to the sensory modality of the stimulus, and independent of its specific notation, with a main role of spatial codes, both related and unrelated to the mental number line.

This article will attempt to show that from the beginning of the letter of Eusebius of Nicodemia to Paulinus of Tyre, the meaning of ὁμοούσιος should be sought in the opposition on the part of the Council of Nicea to the divisive doctrine of hypostases by Arius and his followers. The assertion of the similarity or identity of nature or ousia between the Father and the Son that ὁμοούσιος suggests is traceable to the teaching of Alexander of Alexandria, but also (...) of Eusthatius of Antioch, so that it could be thought that in Nicea a convergence between the two major opponents of Arius could have taken place, in the same way in which it had occurred over the Antiochene formula of 325. Analysis of the doctrine of ὁμοούσιος by Athanasius confirms that the term was opposed to the divisive interpretation of the hypostases within Arianism. The second part of the article, takes into consideration the study on the interpretation of the Nicene ὁμοούσιος proposed by P. F. Beatrice. The Author argues that Beatrice’s thesis, which attempts to trace the introduction of the term in the Nicene Creed back exclusively to Constantine, with the agreement of Eusebius of Caesarea, is not backed by the documentation at our disposal. (shrink)

This study intends to show how the essential elements in the debate over the divinity of the Son provoked by Arianism are already present within the Alessandrian Church during the first decades of the 3rd century. From the works of Origen it becomes apparent that his teaching on the eternity of the Logos intends to oppose those who asserted a temporal beginning thus separating the Logos from the divinity of the Father, which allows us to define them as radical supporters (...) of the theology of the Logos. Against this doctrine, there is an identified opposition which probably utilized the term ὁμοούσιος to indicate to the contrary the divinity of the Son; nevertheless Origen, while proposing that the Son is generated from the ousia of the Father, does not share this teaching because in his theology the Son remains subordinate to the Father. (shrink)

Even more than for other treatments, great importance must be given to informed consent in the case of electroconvulsive therapy. In a percentage of cases, the symbolic connotation of the treatment, even if mostly and intrinsically negative, may actually be a determining factor in the patient’s motives for giving consent. On an ethical and medicolegal level, the most critical point is that concerning consent to the treatment by a psychotic subject with a severely compromised ability to comprehend the nature and (...) objective of the proposed therapy, but who nonetheless expresses his consent, for reasons derived from delusional thoughts. In fact, this situation necessarily brings to light the contradiction between an explicit expression of consent, a necessary formality for the commencement of therapy, and the validity of this consent, which may be severely compromised due to the patient’s inability to comprehend reality and therefore to accept the proposal of treatment, which is intrinsic to this reality. With the use of an electric current, the symbolic experience associated with anaesthesia, and the connection to convulsions, ECT enters the collective consciousness. In relation to this, ECT is symbolic of these three factors and hooks on to the thoughts, fears, feelings and expectations of delusional patients. These are often exemplified in the violent intervention of the persecutor in the patient with schizophrenia, the expected punishment for the ’error’ committed for which the depressed patient blames himself and the social repression of the maniacal patient’s affirmation of his inflated self-esteem. (shrink)

Das Buch enthält die Einführung in die Lektüre sowie den Textkommentar zu den der Analyse der Grundsätze der Modalität gewidmeten "Postulaten des empirischen Denkens überhaupt". Untersucht wird Kants gesamte Theorie der Modalbegriffe (Möglichkeit - Unmöglichkeit, Dasein - Nichtsein, Notwendigkeit - Zufälligkeit) seit Mitte der 1750er Jahre bis zur Kritik der reinen Vernunft. Die Postulate sind nach Kant nicht objektiv, sondern subjektiv-synthetisch: Der Gegenstand der Erfahrung, welcher zunächst anhand der objektiv-synthetischen Funktionen der Quantität, Qualität und Relation bestimmt wird, lässt sich nun (...) in seinem Verhältnis zum setzenden Subjekt betrachten. Die Postulate thematisieren jedoch nicht - hier liegt die konstitutive Charakteristik dieser synthetischen Urteile a priori - das Subjekt selbst, sondern das Objekt als solches und die Objektivität überhaupt. Wie diese Untersuchung zeigt, antwortet Kant erst hier - nicht in den viel diskutierten Deduktionskapiteln oder in den anderen Grundsatzkapiteln - auf die Frage "Was ist ein Objekt?" und bezieht zugleich Stellung gegenüber anderen philosophischen Theorien der Objektivität des 18. Jahrhunderts: Rationalismus, Empirismus, Idealismus, Skeptizismus. (shrink)