Marranos. El otro del otro es el cuarto libro de la filósofa italiana Donatella Di Cesare, Catedrática de la Sapienza-Università di Roma, publicado en la colección «Clásicos del mañana» de la Editorial Gedisa, después de la aparición de Heidegger y los judíos. Los Cuadernos negros (2017), Terrorismo (2017) y Tortura (2018) de la misma autora. Este texto de Di Cesare es una exploración inquieta e inquietante. Su indagación no promete al lector dar, al final del recorrido, con una terra (...) incognita que se revelará reconfortantemente segura o con un tesoro hundido en las profundidades abisales del pasado, sino que se mueve en prodigiosos meandros que aguardan aun, en cada una de sus discontinuidades, una chispa de redención metafísico-política. (shrink)

Despite the importance of the requirement that all parties subject to a modus vivendi accept it, the philosophical basis of the all-subjected principle has been largely neglected in the realist literature on modus vivendi arrangements as responses to disagreements on issues of common concern. In this article, I argue that the inclusion of all-subjected parties should be understood as instrumental to justifying the presupposition that enough parties will have the motivation to comply with an arrangement that they grudgingly accept as (...) a modus vivendi. I also argue that without accepting the democratic commitments implicit in the acceptance of the standard reading of the all-subjected principle, realist modus vivendi theorists should demonstrate that all those parties who are subjected to a modus vivendi arrangement have the capacity to voice their objection and to be heard for such a claim. (shrink)

In the light of a study of the di erence between political actors and ordinary citizens as language users, and based on three moral arguments (consequence-based, recognition-based, and complicity-based), we propose that democratic representatives have an imperfect duty to use gender-fair-language in their public communication. In the case of members of the executive, such as ministries, prime ministries, and presidents, such an imperfect duty could also be justi ed on democratic grounds. Their choice of using a gender-unfair language, we argue, (...) can cast doubts on the fundamental democratic commitment to respect the agency of all present and future citizens as potential participants in the law-making process. (shrink)

Abstract: In 1934 Gadamer delivered the lecture Plato und die Dichter. Its central topic was the relationship between poetry, philosophy and politics in Plato’s thought. Gadamer developed an original phenomenological investigation on Plato’s ethical-political philosophy and the role that art played in it, in which the dimension of language and the meaning of utopia are structural for his arguments. This article aims, in the first place, to elucidate some political dimensions of Plato und die Dichter. In order to do this, (...) I will carry out a critical review of Donatella Di Cesare’s and Dennis Schmidt’s contemporary readings of these aspects. In the conclusions, after briefly analysing in the third section the relationship between phrónēsis, aretḗ and andreía in the Platonic dialogues, I will try to demonstrate how these notions illuminate the question of the seduction of power (neglected by Schmidt in his reading of Gadamer’s Plato), as well as the inseparability of this problem with respect to the dialectical conception of utopia. It will be suggested that it is possible, from and beyond the Gadamerian reading of Plato, to rethink the idea of civil disobedience and the political value of the myth from standpoint of utopia. // Resumen: En 1934 Gadamer pronunció la conferencia Plato und die Dichter,cuyo tema central era la relación entre poesía, filosofía y política en el pensamiento platónico. Allí desarrolló una original investigación fenomenológica sobre la filosofía ético-política de Platón y el lugar que el arte ocupaba en ella, en la que la dimensión del lenguaje y el significado de la utopía son estructurales para sus argumentaciones. El presente artículo se propone, en primer lugar, elucidar algunos aspectos de la dimensión política de Plato und die Dichter. Para ello, se realizará una revisión crítica de las lecturas contemporáneas de estos aspectos por parte de Donatella Di Cesare y Dennis Schmidt. En las conclusiones, tras analizar brevemente en el tercer apartado la relación entre phrónēsis, aretḗ y andreía en los diálogos platónicos, intentaré demostrar cómo estas nociones alumbran la cuestión de la seducción del poder (descuidada por Schmidt en su lectura del Platón gadameriano), así como la inseparabilidad de este problema con respecto a la concepción dialéctica de la utopía. A partir de esto último se sugerirá que es posible, a partir y más allá de la lectura gadameriana de Platón, repensar la idea de “desobediencia civil” y el valor político del mito desde el punto de vista de la utopía. (shrink)

In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic metaphysics) over the last (...) twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)

Taking seriously the task of sustaining the democratic project requires debunking pessimism, thinking critically about what constitutes the distinctive character of democracy, and taking a future-oriented perspective on democratic transformations.

In this article, I argue that stability is one of the enabling conditions for epistocratic arrangements to function well and justify their claim right to rule. Against this backdrop, I demonstrate that advocates of strategies to allocate exclusive decision-making power to knowledgeable citizens fail to demonstrate that in a context marked by the fact of pluralism, liberal epistocracies will be stable. They could argue that liberal epistocracies will be stable because epistocratic arrangements are better equipped than democratic decision-making bodies to (...) produce outcomes that approximate the common good. They could argue that liberal epistocracies will be stable because there is a shared meritocratic set of values and ideas. Furthermore, they could opt for two standard liberal strategies, such as overlapping consensus and modus vivendi. Yet, in all cases, the argument for the stability of liberal epistocracies is not persuasive. (shrink)

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 (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

In this article, I provide an argument against the idea that public hate-speech events are harmful because they cause a discrete, traceable and harmful change in one’s propositional attitudes. To do so, I identify the essential conceptual architecture of public hate-speech situations, I assess existing arguments for the direct and indirect harm of public hate speech and I propose a novel way to approach public hate-speech situations: a maieutic approach. On this perspective, public hate-speech events do not cause changes in (...) propositional attitudes, but rather, if successful, either such events bring a person’s latent propositional attitudes into clear consciousness, or they play with propositional attitudes speakers and their audience had prior to the public hate-speech situation. (shrink)

In this paper we provide an analysis of dynamic dispositionalism. It is usually claimed that dispositions are dynamic properties. However, there is no exhaustive analysis of dynamism in the dispositional literature. We will argue that the dynamic character of dispositions can be analyzed in terms of three features: (i) temporal extension, (ii) necessary change and (iii) future orientedness. Roughly, we will defend the idea that dynamism entails a continuous view of time, to be analyzed in mathematical terms, where intervals are (...) its constitutive elements, whose duration lasts as much as a certain change takes to occur (in support of i). Such changes are the necessary components for the flowing of time because we think there cannot be time without change, (thus supporting ii) and that the forward-looking feature of properties is what determines the direction of time (as per iii). The paper is structured in 5 sections. In the first section, we set the problem: we outline and criticize some dispositional theories that defend an unsatisfying notion of dynamism. In the second, third and fourth sections we defend each desideratum for a disposition to be dynamic. Finally, we draw some conclusions and consider potential future research. (shrink)

While most of the literature has attempted to justify harsh and soft containment given some fundamental commitments of political liberalism, I focus on how justified forms of containment can in themselves be deemed effective. This article shows that a reading of Rawls allows for a comparison of different containment practices based on their capacity to protect the stability of liberal democracies under serious threat. And, in making it possible to compare harsh and soft containment, I evaluate immediate stability gains against (...) citizens’ judgements about their liberal democratic institutions. (shrink)

The literature on counterspeech has been debating how institutions and citizens should respond to offensive or dangerous communicative acts. This article identifies a gap in this debate, namely, the lack of attention paid to the individual vote in large-scale democratic elections as an effective act of distancing from candidates who use explicitly derogatory forms of expression to unify and mobilize supporters. In studying the place of voting in the ethics of counterspeech, this article investigates what counterspeakers can expect other counterspeakers (...) to do in large-scale democratic elections framed as a vote for or against hateful representatives. I argue that even in large-scale elections, the individual act of voting, understood as a contribution to increasing the clarity of the indicators of force of a collectivized speech act, can be an effective form of counterspeech. Voting is one of the first forms of counterspeech that must be taken so that other, and perhaps more controversial, actions can stand criticism on moral grounds. For this reason, I also argue that counterspeakers can expect other counterspeakers to contribute to an electoral outcome that, under certain circumstances, can be received as a vote against representatives who use explicit derogatory forms of expression to gain consensus. (shrink)

In this paper I discuss the ontological status of actants. Actants are argued as being the basic constituting entities of networks in the framework of Actor Network Theory (Latour, 2007). I introduce two problems concerning actants that have been pointed out by Collin (2010). The first problem concerns the explanatory role of actants. According to Collin, actants cannot play the role of explanans of networks and products of the same newtork at the same time, at pain of circularity. The second (...) problem is that if actants are, as suggested by Latour, fundamentally propertyless, then it is unclear how they combine into networks. This makes the nature of actants inexplicable. -/- I suggest that both problems rest on the assumption of a form of object ontology, i.e. the assumption that the ontological basis of reality consists in discrete individual entities that have intrinsic properties. I argue that the solution to this problem consists in the assumption of an ontology of relations, as suggested within the framework of Ontic Structural Realism (Ladyman & Ross, 2007). Ontic Structural Realism is a theory concerning the ontology of science that claims that scientific theories represent a reality consisting on only relation, and no individual entities. -/- Furthermore I argue that the employment of OSR can, at the price of little modification for both theories, solve both of the two problems identified by Collin concerning ANT. -/- Throughout the text I seek support for my claims by referring to examples of application of ANT to the context of networked learning. As I argue, the complexity of the phenomenon of networked learning gives us a convenient vantage point from which we can clearly understand many important aspects of both ANT and OSR. -/- While my proposal can be considered as an attempt to solve Collin's problems, it is also an experiment of reconciliation between analytic and constructivist philosophy of science. -/- In fact I point out that on the one hand Actor Network Theory and Ontic Structural Realism show an interesting number of points of agreement, such as the naturalistic character and the focus on relationality. On the other hand, I argue that all the intuitive discrepancies that originates from the Science and Technology Studies’ criticism against analytic philosophy of science are at a closer look only apparent. (shrink)

Dispositionalism is the theory of modality according to which all (metaphysical and natural) modal truths are made true by some actual irreducibly dispositional property. The relationship between Dispositionalism and time is yet to be satisfactorily explored. In this paper we contribute to this task by examining how Dispositionalism deals with ‘dated truths’: propositions involving a specific time, e.g. “It might rain at 12.30”. We examine two possible accounts: the first, 'Dated Manifestations Strategy', is the idea that powers are very fine-grained, (...) and tend towards temporally very specific manifestations. We argue that such strategy should not be adopted, for it leads to unnecessary violations of ontological parsimony; it is unable to accommodate an ontology of platonic universals; and it is incapable of offering a principled explanation of the forward-looking nature of powers. We offer an alternative account, the "Duration Strategy", which relies on an independently determined arrow of time and the existence of some “duration facts” that specify how long a power takes to bring about its manifestation. We argue that the Duration Strategy is to be preferred. We then flesh out the account by exploring the connection between powers, duration facts, and processes. (shrink)

When witnessing someone else's action people often take advantage of the same motor cognition that is crucial to successfully perform that action themselves. But how deeply is motor cognition involved in understanding another's action? Can it be selectively modulated by either the agent's or the witness's being actually in the position to act? If this is the case, what does such modulation imply for one's making sense of others? The paper aims to tackle these issues by introducing and discussing a (...) series of experimental studies showing how body and space may constrain one's own motor cognition reuse in understanding another's action. These findings, I shall argue, may shed new light on the mechanisms underlying the primary ways of identifying ourselves with other people and of being connected to them . (shrink)

There is a tension between Dispositionalism––the view that all metaphysical modality is grounded in actual irreducible dispositional properties––and the possibility of time travel. This is due to the fact that Dispositionalism makes it much harder to solve a potentiality-based version of the grandfather paradox. We first present a potentiality-based version of the grandfather paradox, stating that the following theses are inconsistent: 1) time travel is possible, 2) powers fully ground modality, 3) self-defeating actions are impossible, 4) time-travellers retain their intrinsic (...) powers upon time-travelling, and 5) time-travellers are ordinary agents with basic intrinsic potentialities. We then consider a number of potential solutions, and find them wanting. We argue that the metaphysical impossibility of performing a self-defeating action acts as a necessary perfect mask––while time-travel lets us “slip” the potentiality under the mask, thus generating the contradiction. We conclude considering what are the options for the dispositionalist. (shrink)

This article sheds light upon the role of the audience in the construction and amendment of populist representative claims that in themselves strengthen representative-represented relationships and simultaneously strengthen ties between the represented who belong to different constituencies. I argue that changes in populist representative claims can be explained by studying the discursive relationship between a populist representative and the audience as a conversation in which both poles give and receive something. From this perspective, populist representative claims, I also argue, can (...) be understood as acts of bonding with the intended effect of constituting ‘the people,’ and inputs from the audience can be seen as conversational exercitives. Populist appeals therefore may change when the audience enacts new permissibility facts and signals to populist representatives that there is another way to strengthen relationships between several individuals belonging to otherwise-different constituencies. (shrink)

If a theory addressing problems that are global in scope aims to be convincing outside its own tradition, it should be robust-enough to deal with the simple observation that, around the world, there are multiple systems of norms, rules and institutionalized normative orders.

Starting from the observation that the deterioration of democratic communication is a political problem that requires individual and collective, private and public, actions, I first defend a baseline duty to avoid using expressions that conventionally show a disrespectful attitude toward targeted groups. Then, I develop a set of guidelines that can guide political theorists in distributing additional duties that respect the situated agency of different individuals. I propose two normative constraints (capacity-to-act and influence) that should influence how theorists assign duties. (...) Then, I present three criteria (pointless, antisocial, and lawfulness) to specify the content in a context-sensitive way. (shrink)

In juxtaposition with the myth and tragedy of Ovid’s Medea, this paper investigates the possibility within the Kantian conception of agency of understanding moral evil as acting against one’s better judgment. It defends the thesis that in Kant self-deception, i. e. the intentional untruthfulness to oneself, provides the fundamental structure for choosing against the moral law. I argue that, as Kant’s thought progresses, self-deception slowly proceeds to become the paradigmatic case of moral evil. This is discussed with regard to two (...) important topics in his later moral philosophy: the doctrine of radical evil and the crucial role of the duty of truthfulness in ethics. The inquiry into Kant’s theory of conscience unfolds both against this theoretical background and in light of its historical roots in the polemic against casuistry and probabilism. This contribution closes with a brief look at the tools Kant implements to counter this tendency to self-deception in moral judgment and particularly at the role casuistry plays within his conception of moral education. (shrink)

In epoca medievale si è molto discusso su alcuni concetti chiave come prova o giustificazione. La teoria della prova contenuta nei trattati di logica medievale prende il nome tecnico di consequentia, che è un tipo di ragionamento fondato sul passaggio dalla concessione (o negazione) di uno o più enunciati denominati antecedenti alla concessione (o negazione) di uno o più enunciati denominati conseguenti. Questo tipo di teoria ha avuto un correlato a livello dei singoli termini che compongono l’enunciato all'interno della teoria (...) nota come suppositio terminorum. Prende, infatti, il nome di descensus, la regola che permette la verifica del passaggio da un termine maggiore (un termine comune) ad un termine minore (che denota individui). La stessa definizione di alcune ramificazioni della teoria della suppositio è col-legata alla possibilità di ammettere o meno il descensus cioè questa "discesa" da un termine comune ad una congiunzione o disgiunzione di termini singolari. Il presente lavoro intende descrivere la teoria del descensus come un tipo particolare di consequentia mostrandone le connessioni con le moderne tecniche logiche. I trattati che si affronteranno appartengono al XIV e al XV secolo, cioè ad un periodo caratterizzato da una sistemazione della materia che li rende confrontabili con un quadro teorico unitario. (shrink)

We are often told that public hate speech is something that deviates from what is standard in contemporary liberal democracies. So far, much of the literature has focused on the allegedly bad effects of such deviations as well as on measures to bring liberal democracies back to the normal course of events. Less has been said on the fundamental assumption that at a certain moment in time, and within that political context, hate speech is out of the ordinary. In this (...) paper, drawing upon pragmatics, I contend that often public hate speech responds to a supply-demand logic, where speakers fulfill expectations by attacking target groups. Within this scheme, hate speech would be an answer to what a certain audience is ready to listen. At that moment of time, and within that political context, therefore, I argue in this article, hate speech is ordinary. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

Some of the manuscripts once part of Giovanni Pico della Mirandola’s collection transmit autograph notes, which have been useful to reconstruct his library. A peculiar case is represented by the notes transmitted in a codex containing the Latin translation of Moses Maimonides’ Guide of the Perplexed. These notes are actual corrections to the translation made mostly on the basis of a comparison with the Hebrew text, while in some other cases they derive from a specific interpretation. The aim of this (...) paper is to present some characteristics of the textual revisions, in particular with reference to the Hebrew source. The palaeographic data demonstrate Pico’s direct involvement, which leads to the question of the authorship of these notes, namely if they were the result of an autonomous work or of a collaboration with some other scholar. (shrink)

Can Marxist-Leninist philosophy disregard dialectical materialism, the analysis of material and social contradictions, the need to overcome and resolve them in the service of revolutionary transformation? ‘Does the lecturer acknowledge that the philosophy of Marxism is dialectical materialism’, as Lenin asked Bogdanov one day in May 1908? What had 'official Soviet Marxism' really become, capable of combining ideological dictatorship with militant philosophical ignorance, in turn justified by the achievements of modern science, skilfully used as an instrument of domination and preservation (...) of the established order? How can one conceptually dominate reality and its contradictions, knowing well that knowledge is never neutral but is class-based? These questions are answered by Evald Ilyenkov, one of the greatest Marxist philosophers of the 20th century, re-examining Lenin's Materialism and Empiriocriticism at the end of the 1970s with a text entitled Leninist Dialectics and the Metaphysics of Positivism, still unpublished in Italy, and identifying in the revolutionary leader an exceptional theoretical ally. Just as Lenin had had to fight the attacks promoted by the theories of Bogdanov, who approached the empirio-criticism of Mach, Avenarius and Berman, seeing it as dogmatic and reactionary materialism directed against the natural sciences, so Ilyenkov fought against the penetration of positivism into Soviet politics and philosophy, criticizing the rejection of the dialectic only functional to the technocratic project of building 'socialism' in the Brezhnev era, a disguised heir of the empirio-criticism denounced by Lenin as the natural metaphysical conclusion to the logic of positivism. (shrink)

Balancing a hermeneutic of trust with a hermeneutic of suspicion, this article develops a phenomenological description of imagination that highlights its alethic ambiguity. Imagination is an act of disclosure, without which the world of fiction and pure possibility cannot be constituted. Imagination is also an act of self-indulgence and narcissism, the source of much concealment and untruth. It is not the one or the other, but both at the same time, essentially ambiguous because of its phenomenological constitution. In this article, (...) I will take some steps towards clarifying this essential ambiguity of the imagination by drawing on the insights of Husserl and Sartre. Beginning with Husserl’s parallel treatment of imagination and perception as intuitive, objectifying acts, I will argue, drawing on insights from Sartre, that there is an important discrepancy between them with respect to the role of desire. While the constitution of perceptual presence is inseparable from a desire for truth, the desire involved in the constitution of imaginary presence has an ambiguous character, both epistemic and magical. This duplicity of desire partly accounts for the ambiguity of imagination, which is all the more pronounced the more the imagination demands the full emotional involvement of the imagining subject. (shrink)

Thinking is overrated: golfers perform best when distracted and under pressure; firefighters make the right calls without a clue as to why; and you are yourself ill advised to look at your steps as you go down the stairs, or to try and remember your pin number before typing it in. Just do it, mindlessly. Both empirical psychologists and the common man have long worked out that thinking is often a bad idea, but philosophers still hang on to an intellectualist (...) picture of human action. This book challenges that picture and calls on philosophers to wake up to the power of mindlessness: it is our habits, skills and conventions that help us cope with a world way too diverse for us to hope to always reinterpret it. The book presents the empirical evidence that has been accumulating over the last few decades and offers a philosophical analysis of mindless phenomena such as habits, skilled activity, automatic actions, emotional and spontaneous reactions and social conventions, arguing that traditional philosophical theories of action should be revised to do justice to this forgotten but important part of our lives: when we act mindlessly, we are free and fully rational even though we neither deliberate nor are aware of what we are doing. (shrink)

This paper reconstructs Sartre’s account of the “circuit of ipseity” as an integral theory of the experiential, agentive and normative aspects of self-consciousness. At the core of this theory is a conception of human (self-)consciousness as lacking, and the correlation between lacking and ideal. In Section 1, I show how this theory manages to satisfy the apparently incompatible requirements generated by the idea of a pre-reflective cogito. Section 2 discusses practical self-consciousness, in particular the agent’s consciousness of herself as self-determined (...) in the projection and pursuit of ends, and how this is accounted for in Sartre’s theory by the correlation of lack and ideal. Section 3 first clarifies the Sartrean conception of the ideal by comparing it with Korsgaard’s, and then reconstructs Sartre’s account of practical normativity by showing how it can be read as emerging from a critical engagement with Heidegger. (shrink)

Advances in neuroscience implicate reentrant signaling as the predominant form of communication between brain areas. This principle was used in a series of masking experiments that defy explanation by feed-forward theories. The masking occurs when a brief display of target plus mask is continued with the mask alone. Two masking processes were found: an early process affected by physical factors such as adapting luminance and a later process affected by attentional factors such as set size. This later process is called (...) masking by object substitution, because it occurs whenever there is a mismatch between the reentrant visual representation and the ongoing lower level activity. Iterative reentrant processing was formalized in a computational model that provides an excellent fit to the data. The model provides a more comprehensive account of all forms of visual masking than do the long-held feed-forward views based on inhibitory contour interactions. (shrink)

Both Husserl and Sartre speak of quasi-presence in their descriptions of the lived experience of imagination, and for both philosophers, accounting for quasi-presence means developing an account of the hyle proper to imagination. Guided by the perspective of fulfillment, Husserl’s theory of imaginary quasi-presence goes through three stages. Having experimented first with a depiction-model and then a perception-model, Husserl’s mature theory appeals to his innovative conception of inner consciousness. This elegant account nevertheless fails to do justice to the facticity and (...) bodily involvement of our imaginary experience. Sartre’s theory of analogon, based on his conception of imaginary quasi-presence as ‘magical’ self-affection, embodies important insights on these issues. Kinesthetic sensations and feelings are the modes in which we make use of own body to possess and be possessed by the imaginary object, thus lending it a semblance of bodily presence. (shrink)

This article reconstructs Sartre’s theory of selfhood against the background of the contemporary debate between minimal-self theories and narrative-self theories. I argue that Sartre’s theory incorporates both an emphasis on the singular first-person perspective, which is characteristic of minimal-self theories, and an emphasis on the practical intelligibility of experience, which is characteristic of narrative-self theories. The distinctiveness of the Sartrean combination of these motifs consists in its idea of the necessary ideal-relatedness of consciousness. According to Sartre, the logical structure of (...) the pre-reflective cogito requires the haunting presence of an ideal of self-coincidence, which determines for consciousness the meaning of its lived experiences. Consciousness exists as a question to itself due to this ideal-relatedness, and it answers this question by projecting its possibilities as creative and symbolic realizations of this ideal. Establishing the connection between Sartre’s theory of imagination and his theory of selfhood, I suggest that both the ideal and the possibility of consciousness are lived in the manner of the imaginary. (shrink)

I comment on two analyses of the Simonshaven case: one by Prakken (2019), based on arguments, and the other by van Koppen and Mackor (2019), based on scenarios (or stories, narratives). I argue that both analyses lack a clear account of proof beyond a reasonable doubt because they lack a clear account of the notion of plausibility. To illustrate this point, I focus on the defense argument during the appeal trial and show that both analyses face difficulties in modeling key (...) features of this argument. (shrink)

I argue that it is possible for prospective mothers to wrong prospective fathers by bearing their child; and that lifting paternal liability for child support does not correct the wrong inflicted to fathers. It is therefore sometimes wrong for prospective mothers to bear a child, or so I argue here. I show that my argument for considering the legitimate interests of prospective fathers is not a unique exception to an obvious right to procreate. It is, rather, part of a growing (...) consensus that procreation can be morally problematic and that generally talking of rights in this context might not be warranted. Finally, I argue that giving up a right to procreate does not imply nor suggest giving up on women’s absolute right to abort, which I defend. (shrink)

The literature on algorithmic fairness has examined exogenous sources of biases such as shortcomings in the data and structural injustices in society. It has also examined internal sources of bias as evidenced by a number of impossibility theorems showing that no algorithm can concurrently satisfy multiple criteria of fairness. This paper contributes to the literature stemming from the impossibility theorems by examining how informational richness affects the accuracy and fairness of predictive algorithms. With the aid of a computer simulation, we (...) show that informational richness is the engine that drives improvements in the performance of a predictive algorithm, in terms of both accuracy and fairness. The centrality of informational richness suggests that classification parity, a popular criterion of algorithmic fairness, should be given relatively little weight. But we caution that the centrality of informational richness should be taken with a grain of salt in light of practical limitations, in particular, the so-called bias-variance trade off. (shrink)

The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

In 1931, Evgeny Pashukanis, the distinguished Soviet jurist, author of “The General Theory of Law and Marxism”, following an invitation to celebrate the centenary of Hegel’s death, published an assay entitled “Hegel, the State and Law” (Гегель. Государство и право) aimed to demistify, through a brief retrospective of Hegelian’s philosophy, its specific use, something achieved through the bourgeois ideology which, at some point in history, abandoned Kantism and its followers to embrace Neo-Hegelianism as a philosophy of domination and social control. (...) In this unpublished text, Pashukanis reflects, from a Marxist and Leninist point of view, on the ability to use Hegel as a bourgeois defense tool, when a particular society, specifically the one from the 1920s to the 1930s, began to be affected by the fear of communism and by the crises that endanger its very survival. From this angle, the capitalist interest - following Pashukanisian interpretation of Hegel - will only develop in the terms of a scientific elimination of all those subversive potentials that the economic crisis is destined to produce, thus reformulating the notions of State and Law which, in between obedience, discipline and defense of the homeland, come to assert the official recognition of the inexorably crushed proletariat in a condition in which all relations of production and social reproduction are transferred to the realm of exploitation, as its definitive subsumption to capital. (shrink)

Relative blindsight is said to occur when different levels of subjective awareness are obtained at equality of objective performance. Using metacontrast masking, Lau and Passingham reported relative blindsight in normal observers at the shorter of two stimulus-onset asynchronies between target and mask. Experiment 1 replicated the critical asymmetry in subjective awareness at equality of objective performance. We argue that this asymmetry cannot be regarded as evidence for relative blindsight because the observers’ responses were based on different attributes of the stimuli (...) at the two SOAs. With an invariant criterion content , there was no asymmetry in subjective awareness across the two SOAs even though objective performance was the same. Experiment 3 examined the effect of criterion level on estimates of relative blindsight. Collectively, the present results question whether metacontrast masking is a suitable paradigm for establishing relative blindsight. Implications for theories of consciousness are discussed. (shrink)

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

Il 2021 segna gli ottant’anni dalla nascita di Mario Perniola, uno dei massimi filosofi italiani del secondo dopoguerra. Questo volume raccoglie interventi che esplorano la sua opera mostrandone la fertilità e sottolineando al tempo stesso la prossimità delle sue idee con le principali sfide del nostro tempo. Dall’Italia al Brasile, passando per gli Stati Uniti, l’Irlanda, la Francia, il Belgio, il Messico e la Cina, gli autori si soffermano su temi che comprendono l’estetica, la politica, la teoria della comunicazione, i (...) queer studies, il pensiero rituale e religioso, la sessualità e la letteratura, restituendo la plurivocità e l’originalità di un filosofo di respiro internazionale e più che mai attuale. (shrink)

Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...) analysis of why statistical evidence should raise concerns in some cases but not others. I argue that when there is a mismatch between the specificity of the evidence and the expected specificity of the accusation, statistical evidence—as any other kind of evidence—should be considered insufficient to sustain a conviction. I rely on different stylized court cases to illustrate the explanatory power of this analysis. (shrink)

Il volume intende presentare in una prospettiva organica la letteratura medievale sugli Insolubilia. Gli insolubili sono stati definiti come proposizioni autoreferenziali che hanno origine direttamente dalla tradizione del paradosso del mentitore. L’impostazione del presente lavoro vuole essere sia filologica che teorica in modo che da un lato si possano inserire le analisi speculative sugli Insolubilia in un contesto critico–storico più ampio che restituisca la peculiarità della trattazione medievale, e dall’altro, possa essere effettuata una analisi precisa dei tentativi di soluzione proposti (...) anche attraverso gli strumenti della logica moderna (quando possibile e non fuorviante). (shrink)

On the verge of the 1917 October revolution, Lenin reads and elaborates on the Hegel's Science of Logic, as if he were attempting to outline, from it, specific effects. Theoretical effects, because human activity is never uncoupled from the logic objective, through which the real matter unfolds and to whom each individual indissolubly belongs. Practical effects, because if Hegelian philosophy is good for the Church, for the bourgeoisie, for the capital, by changing the order of some of its factors it (...) may as well turn out good for guiding the practical-cognitive development of an urgent proletarian revolution. (shrink)

Judith Jarvis Thomson has recently proposed a new argument for the thesis that killing the one in the Trolley Problem is not permissible. Her argument relies on the introduction of a new scenario, in which the bystander may also sacrifice herself to save the five. Thomson argues that those not willing to sacrifice themselves if they could may not kill the one to save the five. Bryce Huebner and Marc Hauser have recently put Thomson's argument to empirical test by asking (...) people what they should do in the new trilemma case, in which they may also sacrifice themselves. They found that the majority judge that they should either kill the one or sacrifice themselves; Huebner and Hauser argue that those numbers speak against Thomson's argument. But Thomson's argument was about the dialectical effect of the new trilemma on the traditional dilemma, rather than about the trilemma itself. Here I present the results of a study in which I asked subjects first what they should do in the trilemma and then what they should do in the traditional Trolley Problem. I found that, if asked first about the trilemma, subjects then have the intuition that killing the one in the traditional Bystander at the Switch is not permissible?exactly what Thomson's argument had predicted. (shrink)

Aristóteles comparte con Platón la concepción de la forma como causa del ser y del conocimiento de las cosas. Sin embargo, un análisis de sus críticas a las Ideas muestra que encuentra en la separación de las Ideas y las cosas sensibles la aporía fundamental de la teoría platónica. Con el propósito de circunscribir el significado de “separación” aplicable a las Ideas, concentraremos nuestro estudio en dos objeciones: 1) el argumento que conduce al tercer hombre y 2) la inutilidad de (...) las Ideas como causas. En el primer caso, creemos que la separación entraña homonimia, por lo que la solución aristotélica implicará la comunidad de naturaleza entre el individuo y su esencia. En el segundo, la separación implica trascendencia o falta de contacto entre generante y generado, por lo que la solución aristotélica apuntará a concebir la forma de las entidades naturales como un principio inmanente, inseparable de la materia y del movimiento, pero a la vez eterno a través de su reproducción en otros individuos de la misma especie. Creemos que en ambas soluciones opera un principio de sinonimia, que constituye su propia contribución al problema de la separación. (shrink)

I argue that the right to sexual satisfaction of severely physically and mentally disabled people and elderly people who suffer from neurodegenerative diseases can be fulfilled by deploying sex robots; this would enable us to satisfy the sexual needs of many who cannot provide for their own sexual satisfaction; without at the same time violating anybody’s right to sexual self-determination. I don’t offer a full-blown moral justification of deploying sex robots in such cases, as not all morally relevant concerns can (...) be addressed here; rather, I put forward a plausible way of fulfilling acute sexual needs without thereby violating anybody’s sexual rights. (shrink)