O presente artigo propõe-se fazer uma releitura da actualidade paradoxal de Heidegger. Para além das inegáveis ambiguidades da sua vida, encontramos no seu caminho de pensamento a prova de uma vigorosa crítica da ideologia compreendida no seu sentido mais radical. O seu pensamento pode ser compreendido como uma destruição "sistemática" dos momentos fundadores em torno dos quais se constituiu uma parte da reflexão ocidental (ontoideológica), enquanto que afirmação ideológica (autoreferencial) de verdade e valores que mascaram e justificam o poder do (...) homem sobre e contra o outro homem. No coração desta Destruktion está uma experiência do pensamento que dispõe para a escuta de um ser cujo poder essencial é o de deixar-ser, sem revendicar um poder-saber sobre aquilo que é dado. Neste lugar de abertura ex-statica, que constitui o abismo (Ab-Grund) de todo o pensamento autocentrado e que não se dá sem riscos, abre-se a possibilidade de uma nova compreensão antropológica e ética. /// This article attempts to offer a re-reading of the paradoxical relevance of Heidegger for the present times. Beyond the undeniable ambiguities of his life, we can find in the course of his thought a vigorous critique of ideology in the most radical sense of the word. His thought may be understood as a u systematic" destruction of the foundational moments upon which Western thought (as onto-theological) is established. This is done to the degree that it conceals a self-referring ideological affirmation of truth and values that hides and justifies the exercise of power of human beings over and against each other. At the heart of this Destruktion, there is an experience of thought disposed to attentively hear a being whose essential power consists in letting-be, without claiming knowledge as a power to impose itself on what is given. In this space of ex-static opening, constituting the abyss of all self-centered thought together with the risks that it involves, the possibility of a new anthropological and ethical understanding is in the offing. (shrink)

Cet ouvrage montre la portée universelle de Maître Eckhart en étudiant l'influence de son oeuvre dans la phénoménologie d'Husserl et la dialectique d'Hegel, et les rapports entre la pensée de Maître Eckhart et la mystique chinoise de Laozi.

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In this paper, we provide an analysis of the concept of legal personality and discuss whether personality may be conferred on artificial intelligence systems (AIs). Legal personality will be presented as a doctrinal category that holds together bundles of rights and obligations; as a result, we first frame it as a node of inferential links between factual preconditions and legal effects. However, this inferentialist reading does not account for the ‘background reasons’ of legal personality, i.e., it does not explain why (...) we cluster different situations under this doctrinal category and how extra-legal information is integrated into it. We argue that one way to account for this background is to adopt a neoinstitutional perspective and to update the ontology of legal concepts with a further layer, the meta-institutional one. We finally argue that meta-institutional concepts can also support us in finding an equilibrium around the legal-policy choices that are involved in including (or not including) AIs among legal persons. (shrink)

The dialogue focuses on the major issues of the contemporary theoretical debate on judicial review and the Supreme Court's role in American constitutional democracy. The discussion begins with the US Supreme Court's case Hamdan v. Rumsfeld, successfully argued by Prof. Katyal last year, and covers important issues such as the separation and balance of powers after 9/11, the legitimacy of the laws of terror, the relation between US constitutional law and foreign law, the counter‐majoritarian difficulties posed by the exercise of (...) judicial review, and the legal academy's influence on legal practice. (shrink)

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...) this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

1. La trasformazione dei principi di legittimazione degli ordinamenti giuridici contemporanei -- 2. I mutamenti nel sistema giuridico -- 3. Analisi del linguaggio giuridico, legistica e legimatica -- 4. I diritti difficili nel sistema giuridico.

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

This book offers both the theoretical background behind the minority effect, teachers' personal experiences as they experienced being a minority, and their analyses and insights for teaching diverse learners. This book uses real-life experiences of diverse people to illustrate that, if not understood and addressed, situational minorities at school or work are unlikely to perform at their highest potentials.

This paper examines the implications of digital remediation which translates and transforms an older text, endowing it with new life, in relation to the project #LauraSpeaks, a translation and remediation of Pellegra Bongiovanni’s Risposte di Madonna Laura alle rime di Messer Francesco Petrarca, in nome della medesima. Divided into three different sections, it describes the steps involved in this project, from the discovery of the original text and the analysis of Bongiovanni’s contribution within the realm of Petrarchism, moving (...) to a discussion of the translation of her work from Italian to English and the creation of the “Twitterature” version of the text, then finally to an analysis of the text’s transformation into the film medium. This paper also investigates the theoretical premises of digital remediation and the role that hypertext plays in multiplying opportunities for meaning-making and in enriching the act of reading and writing. (shrink)

--- abstract is not requested by the Editor.

The paper offers an interpretation of the thesis developed by Fichte in the Erste Einleitung in die Wissenschaftslehre following “the philosophy one chooses depends on the man one is” as a deepening of symbolic practices and dispositions that philosophy shares with ordinary consciousness. To support this interpretation, the paper describes how Fichte defines individual character formation and how it relates to a historical determinate is presented through a quick excursion in the Nicolaischrift of 1801 (§2). Through a critical and synthetic (...) view of the process of initiation into philosophy, the paper shows how the choice of philosophy is a choice for philosophy (§ 3) and invests a certain “skill” that is produced in the pre-philosophical dimension (§ 4). Through discussion of the Fichtian concepts of “instinct of reason” and “new sensory,” how the choice for philosophy, interpretable as the production of a new habitus, the fichtean doctrine of Science realizes itself fully as ‘critique’ (§ 5). (shrink)