My Ph.D. thesis œImpossibilità nel diritto€ [Impossibility in the Legal Domain] is devoted to the systematic analyses of what are called, at least prima facie, €œlegal impossibilities. My dissertation defines and isolates an area of studies - impossibility in the law - that has never been put organically together. In my work I present some case studies of normative impossibilities and discuss them from a philosophical point of view: impossible laws, impossible norms in a prescriptive theory of norms (ch. 2), (...) conflicting norms and legal gaps (metanormative impossibility - ch. 3), impossible obligations (ch. 4), impossible crimes (ch. 5), impossible legal proofs (ch. 6). I organize my research along the distinction -€“ introduced in ch. 1 -€“ between impossibility of norms (i.e. impossible norms and impossible normative acts) and impossibility from norms (i.e. impossibility due to a norm or a set of norms); the distinction between the impossibility of a norm conceived as a single entity and the impossibility of a norm conceived as part of a legal system; and the distinction of two uses of impossibilities in general, as impossibility can be both the object of a modal qualification and a modality itself. I propose four new contributions to the study of impossibility in the legal domain (ch. 7). Firstly, I reconstruct two different functions of the impossibility in the legal domain (exculpatory and invalidating); secondly, I put forward a triadic model for describing impossibility in the legal domain (in which, roughly, a set of sources of impossibilities is qualified by a function for the assumption of impossibility in the actual and concrete legal system); thirdly, I define and investigate the relationship of creation, assumption and presupposition between impossibility and a legal system; fourthly, I critically list and review all the different kinds of things that are called €˜impossibilities€™ inside a legal system, showing how sometimes the use of the concept of impossibility is not carefully justified. As an appendix (ch. 8), I outline a logic for impossibilities in the legal domain that allows to investigate the phenomena discussed in the work by breaking down the equivalence between being impossible (in the legal domain) and being logically contradictory. (shrink)

While some form of loss of control is often assumed to be a common feature of the diverse manifestations of addiction, it is far from clear how loss of control should be understood. In this paper, I put forward a concept of decrease in control in addiction that aims to fill this gap and thus provide a general framework for thinking about addictive behavior. The development of this account involves two main steps. First, I present a view of degrees of (...) control as the degree to which an agent would be responsive to potential or counterfactual sufficient reasons to do otherwise. Second, I sketch an account of the relevant control-undermining factors in addiction that is consonant with my proposed view of degrees of control. Being a high-level functional property, reasons-responsiveness is particularly well suited to frame an account of control-undermining factors that is doubly pluralistic: it encompasses the contribution of factors both internal and external to the agent, and it is consistent with various proposals as to the precise nature of the anomaly taking place in the psychology of addiction. (shrink)

This paper argues that human agency is not simply a function of intrinsic properties about the agent, but that agency instead depends on the ecology that the agent is in. In particular, the paper examines ways that disabilities affect agency and shows how, by paying deliberate attention to structuring the social environment around people with disabilities, we can mitigate some of the agential impact of those disabilities. The paper then argues that the impact of one’s social environment on agency isn’t (...) restricted only to those agents that have disabilities, but also characterizes all human agency. All of our agency is environmentally dependent. (shrink)

When philosophers want an example of a person who lacks the ability to do otherwise, they turn to psychopathology. Addicts, agoraphobics, kleptomaniacs, neurotics, obsessives, and even psychopathic serial murderers, are all purportedly subject to irresistible desires that compel the person to act: no alternative possibility is supposed to exist. I argue that this conception of psychopathology is false and offer an empirically and clinically informed understanding of disorders of agency which preserves the ability to do otherwise. First, I appeal to (...) standard clinical treatment for disorders of agency and argue that it undermines this conception of psychopathology. Second, I offer a detailed discussion of addiction, where our knowledge of the neurobiological mechanisms underpinning the disorder is relatively advanced. I argue that neurobiology notwithstanding, addiction is not a form of compulsion and I explain how addiction can impair behavioural control without extinguishing it. Third, I step back from addiction, and briefly sketch what the philosophical landscape more generally looks like without psychopathological compulsion: we lose our standard purported real-world example of psychologically determined action. I conclude by reflecting on the centrality of choice and free will to our concept of action, and their potency within clinical treatment for disorders of agency. (shrink)

In this two-part analysis, I analyze Marc Lewis’s arguments against the brain-disease view of substance addiction and for a developmental-learning approach that demedicalizes addiction. I focus especially on the question of whether addiction is a medical disorder. Addiction is currently classified as a medical disorder in DSM-5 and ICD-10. It is further labeled a brain disease by NIDA, based on observed brain changes in addicts that are interpreted as brain damage. Lewis argues that the changes result instead from normal neuroplasticity (...) and learning in response to the intense rewards provided by addictive substances, thus that addiction is not a brain disease and by implication not a medical disorder at all. I argue that even if one accepts Lewis’s reinterpretation of the brain evidence, his conclusions do not follow. Relying on my harmful-dysfunction analysis of medical disorder, I defend the view that substance addiction is in fact a medical disorder and a brain disorder. In Part 1, I identify five arguments Lewis puts forward against the brain-disease view and evaluate them as arguments that addiction is not a disorder: Addiction is not a chronic, relapsing condition; There is no clear boundary between addiction and other strong desires; Negative consequences are not unique to disorders; The brain disease model does not account for behavioral addictions; and, Addiction is like love. I argue that Lewis’s arguments are invalid because they fail to take account of the context of addiction and its relation to biological design. (shrink)

Recent work by Alfred Mele, Romy Jaster and Chandra Sripada recognizes that abilities come in degrees of fallibility. The rough idea is that abilities are often not surefire. They are liable to fail. The more liable an ability is to fail, the more fallible it is. Fallibility is plausibly significant for addiction, responsibility, and normative theorizing. However, we lack an adequate account of what fallibility consists in. This article addresses that problem. Perhaps the most natural approach is to say (roughly) (...) the fallibility of your ability to F is the proportion of scenarios in which you do not F, among those in which you try to F. I argue that this approach (in all plausible versions) is mistaken. I then introduce the notion of an action’s “fragility,” and propose that we use that new notion to understand fallibility. (shrink)