In normative terms, human dignity usually implies two consequences: human beings cannot be treated in some particular ways due to their condition as humans; and some forms of life do not correspond to the ideal life of our community. This study consists in discussing the meaning of this idea of human dignity in contrast to the concept of humiliation in the context of institutional, i.e. political and legal, rights. Two concepts of human dignity will be discussed. The first absolute/necessary and (...) formal/transcendental concept implies the proposition “because human beings have dignity, the following cluster of rights is valid”. Conversely, the second contingent and material concept corresponds to the thought “for being able to live in dignity, we must respect the following rights”. This paper claims that human dignity should be understood as the right to be protected from humiliation. Humiliation is the situation of incapacity or absence of self-determination. (shrink)

In the philosophy of technology after the empirical turn, little attention has been paid to language and its relation to technology. In this programmatic and explorative paper, it is proposed to use the later Wittgenstein, not only to pay more attention to language use in philosophy of technology, but also to rethink technology itself—at least technology in its aspect of tool, technology-in-use. This is done by outlining a working account of Wittgenstein’s view of language and by then applying that account (...) to technology—turning around Wittgenstein’s metaphor of the toolbox. Using Wittgenstein’s concepts of language games and form of life and coining the term ‘technology games’, the paper proposes and argues for a use-oriented, holistic, transcendental, social, and historical approach to technology which is empirically but also normatively sensitive, and which takes into account implicit knowledge and know-how. It gives examples of interaction with social robots to support the relevance of this project for understanding and evaluating today’s technologies, makes comparisons with authors in philosophy of technology such as Winner and Ihde, and sketches the contours of a phenomenology and hermeneutics of technology use that may help us to understand but also to gain a more critical relation to specific uses of concrete technologies in everyday contexts. Ultimately, given the holism argued for, it also promises a more critical relation to the games and forms of life technologies are embedded in—to the ways we do things. (shrink)

The recent debate on pragmatics and the law has found ways to circumvent an important distinction, originally drawn by Dascal and Wróblewski, between the historical law-maker, the current law-maker, and the ideal/rational law-maker.1 By insisting on the relationship between the rational law-maker and contextualism and textualism, I want to redress this fault in current discussions. In this paper, I start with general considerations on pragmatics, intentionality in ordinary conversation, and intentionality in the context of judiciary proceedings and legal texts. I (...) then move on to considerations on rationality as a prerequisite for understanding the law and on the rational law-maker, an ideal construct proposed by Dascal and Wróblewski. I argue that contextualism is the best way to carry out the program by Dascal and Wróblewski on interpretation and the rational law-maker ;. I argue that bearing in mind the rational law-maker postulated by Dascal and Wróblewski is a guidance to interpretation of statutes whose texts create interpretative difficulties. I conclude by saying that the considerations on the rational law-maker constitute a compromise between Scalia’s textualism and contextualism. (shrink)