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Although the notion of constitutive rule has played an important role in the metaphysical debate in social and legal philosophy, several authors perceive it as somewhat mysterious and ambiguous: the idea of a specific kind of rules that are supposed to be “magically” constitutive of reality seems suspicious, more a rationalistic fiction than a genuine explanation. For these reasons, reductionist approaches have been put forward to deflate the explanatory role of this notion. In this paper, I will instead try to (...) |
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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 (...) |
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Amongst the entities making up social reality, are there necessary relations whose necessity is not a mere reflection of the logical connections between corresponding concepts? We distinguish three main groups of answers to this question, associated with Hume and Adolf Reinach at opposite extremes, and with Searle who occupies a position somewhere in the middle. We first set forth Reinach’s views on what he calls ‘material necessities’ in the realm of social entities. We then attempt to show that Searle has (...) |
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There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) |
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My Ph.D. thesis Impossibilità nel diritto [Impossibility in the Legal Domain] is devoted to the systematic analyses of what are called, at least prima facie, legal 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), (...) |
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