I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of Terror Bomber and Strategic Bomber which dominates this debate is underdetermined in three crucial respects: (1) the non-psychological worlds of Terror Bomber and Strategic Bomber; (2) the psychologies of Terror Bomber and Strategic Bomber; and (3) the structure of the thought-experiment, especially in relation to its similarity with the Trolley Problem. (1) If the two (...) worlds are not identical, then it may be these differences between the two worlds and not the Doctrine of Double Effect to explain the moral difference; (2a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double Effect that explains the moral difference; (2b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. Finally, (3) the Strategic Bomber scenario could also be constructed so as to be structurally equivalent to the Fat Man scenario in the Trolley Problem: but then the Doctrine of Double Effect would give different answers to two symmetrical cases. (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)

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)

I argue against Appel's recent proposal – in this JOURNAL – that there is a fundamental human right to sexual pleasure, and that therefore the sexual pleasure of severely disabled people should be publicly funded – by thereby partially legalizing prostitution. I propose an alternative that does not need to pose a new positive human right; does not need public funding; does not need the legalization of prostitution; and that would offer a better experience to the severely disabled: charitable non-profit (...) organizations whose members would voluntarily and freely provide sexual pleasure to the severely disabled. (shrink)

In this paper I argue that there is an important anomaly to the causalist/compatibilist paradigm in the philosophy of action and free will. This anomaly, which to my knowledge has gone unnoticed so far, can be found in the philosophy of Harry Frankfurt. Two of his most important contributions to the field – his influential counterexample to the Principle of Alternate Possibilities and his ‘guidance’ view of action – are incompatible. The importance of this inconsistency goes far beyond the issue (...) of coherence within Frankfurt’s philosophy. I shall argue that this inconsistency represents an important anomaly within the causalist/compatibilist framework; so that we should start to seriously consider having to move on from the established paradigm. (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)

I argue that the empirical literature on priming effects does not warrant nor suggest the conclusion, drawn by prominent psychologists such as J. A. Bargh, that we have no free will or less free will than we might think. I focus on a particular experiment by Bargh – the ‘elderly’ stereotype case in which subjects that have been primed with words that remind them of the stereotype of the elderly walk on average slower out of the experiment’s room than control (...) subjects – and I show that we cannot say that subjects cannot help walking slower or that they are not free in doing do. I then illustrate how these cases can be reconciled and normalized within a Davidsonian theory of action to show that, in walking slower, subjects are acting intentionally. My argument applies across various experiments, including those of goal priming. In the final section I argue that the only cases in which priming effects are efficacious are so-called Buridan cases. (shrink)

Should involuntarily childless people have the sameopportunities to access parenthood as those who are not involuntarily childless? In the context of assisted reproductive technologies, affirmative answers to this question are often cashed out in terms of positive rights, including rights to third-party reproduction. In this paper, wecritically explore the scope and extent to which any such right would hold up morally. Ultimately, we argue for a departure away from positive parental rights. Instead, we argue that the state has an imperfect (...) duty to benefit involuntarily childless people in relation to their parental aspirations. (shrink)

I defend the argument that if embryo loss in stem cell research is morally problematic, then embryo loss in in vivo conception is similarly morally problematic. According to a recent challenge to this argument, we can distinguish between in vivo embryo loss and the in vitro embryo loss of stem cell research by appealing to the doctrine of double effect. I argue that this challenge fails to show that in vivo embryo loss is a mere unintended side effect while in (...) vitro embryo loss is an intended means and that, even if we refine the challenge by appealing to Michael Bratman's three roles of intention, the distinction is still unwarranted. (shrink)

I argue that we should give up the fight to rescue causal theories of action from fundamental challenges such as the problem of deviant causal chains; and that we should rather pursue an account of action based on the basic intuition that control identifies agency. In Section 1 I introduce causalism about action explanation. In Section 2 I present an alternative, Frankfurt’s idea of guidance. In Section 3 I argue that the problem of deviant causal chains challenges causalism in two (...) important respects: first, it emphasizes that causalism fails to do justice to our basic intuition that control is necessary for agency. Second, it provides countless counterexamples to causalism, which many recent firemen have failed to extinguish – as I argue in some detail. Finally, in Section 4 I argue, contra Al Mele, that control does not require the attribution of psychological states as causes. (shrink)

I distinguish between 'hard nudges' and 'soft nudges', arguing that it is possible to show that the latter can be compatible with informed consent - as Cohen has recently suggested; but that the real challenge is the compatibility of the former. Hard nudges are the more effective nudges because they work on less than conscious mechanisms such as those underlying our habits: whether those influences - which are often beyond the subject's awareness - can be reconciled with informed consent in (...) health care is the more challenging question. I suggest two directions for possible answers: on the one hand, looking at the growing empirical literature on mindless judgement and behaviour; and on the other hand considering a more diversified conception of consent, which I sketch. (shrink)

In the future, full ectogestation – in which artificial placenta technology would be used to carry out the entirety of gestation – could be an alternative to human pregnancy. This article analyzes some underexplored objections to ectogestation which relate to the possibility for new and continuing forms of social oppression. In particular, we examine whether ectogestation could be linked to an unwarranted de-valuing of certain aspects of female reproductive embodiment, or exacerbate objectionable kinds of scrutiny over the reproductive choices of (...) gestating persons. Without discounting the potential benefits of full ectogestation, we conclude that the socially oppressive potential of ectogestation, on top of other concerns, warrants further critical ethical reflection. (shrink)

Ought parents, in general, to value being biologically tied to their children? Is it important, in particular, that both parents be biologically tied to their children? I will address these fundamental questions by looking at a fairly new practice within IVF treatments, so-called IVF-with-ROPA ( Reception of Oocytes from Partner ), which allows lesbian couples to „share motherhood‟ with one partner providing the eggs while the other becomes pregnant. I believe that IVF-with-ROPA is, just like other IVF treatments, morally permissible; (...) but here I argue that the increased biological ties which IVF-with-ROPA allows for do not have any particular value beside the satisfaction of a legitimate wish, because there is no intrinsic value in a biological tie between parents and children; further, I argue that equality within parental projects cannot be achieved by redistributing biological ties. (shrink)

I show that Pickard’s argument against the irresistibility of addiction fails because her proposed dilemma, according to which either drug-seeking does not count as action or addiction is resistible, is flawed; and that is the case whether or not one endorses Pickard’s controversial definition of action. Briefly, we can easily imagine cases in which drug-seeking meets Pickard’s conditions for agency without thereby implying that the addiction was not irresistible, as when the drug addict may take more than one route to (...) go meet her dealer. (shrink)

The argument for the moral permissibility of killing newborns is a challenge to liberal positions on abortion because it can be considered a reductio of their defence of abortion. Here I defend the liberal stance on abortion by arguing that the argument for the moral permissibility of killing newborns on ground of the social, psychological and economic burden on the parents recently put forward by Giubilini and Minerva is not valid; this is because they fail to show that newborns cannot (...) be harmed and because there are morally relevant differences between fetuses and newborns. (shrink)

I argue that the arguments brought by Counsel for M to the English Court of Protection are morally problematic in prioritising subjective interests that are the result of ‘consistent autonomous thought’ over subjective interests that are the result of a more limited cognitive perspective.

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)

I analyse the relationship between the Doctrine of Double Effect and the Trolley Problem: the former offers a solution for the latter only on the premise that killing the one in Bystander at the Switch is permissible. Here I offer both empirical and theoretical arguments against the permissibility of killing the one: firstly, I present data from my own empirical studies according to which the intuition that killing the one is permissible is neither widespread nor stable; secondly, I defend a (...) normative principle according to which killing the one in Bystander at the Switch is not permissible. In conclusion, there just is no trolley problem. (shrink)

There are some interesting similarities between Aristotle’s ‘mixed actions’ in Book III of the Nicomachean Ethics and the actions often thought to be justifiable with the Doctrine of Double Effect. Here I analyse these similarities by comparing Aristotle’s examples of mixed actions with standard cases from the literature on double effect such as, amongst others, strategic bombing, the trolley problem, and craniotomy. I find that, despite some common features such as the dilemmatic structure and the inevitability of a bad effect, (...) Aristotle’s mixed actions do not count as cases justifiable through application of the Doctrine of Double Effect because they fail to meet the crucial necessary condition of the Doctrine according to which the bad effect can only be a merely foreseen side-effect and not an intended means. (shrink)

Is the wish to be biologically related to your children legitimate? Here, I respond to an argument in support of a negative answer to this question according to which a preference towards having children one is biologically related to is analogous to a preference towards associating with members of one’s own race. I reject this analogy, mainly on the grounds that only the latter constitutes discrimination; still, I conclude that indeed a preference towards children one is biologically related to is (...) morally illegitimate because, in the context of parental love, biological considerations are normatively irrelevant. (shrink)

I offer eight arguments against the Doctrine of Double Effect, a normative principle according to which in pursuing the good it is sometimes morally permissible to bring about some evil as a side-effect or merely foreseen consequence: the same evil would not be morally justified as an intended means or end.

I argue that, if drones make waging war easier, the reason why they do so may not be the one commonly assumed within the philosophical debate – namely the promised reduction in casualties on either side – but a more complicated one which has little to do with concern for one’s own soldiers or, for that matter, the enemy; and a lot more to do with the political intricacies of international relations and domestic politics; I use the example of the (...) Obama Administration’s drone policies to illustrate this argument. My point is meant to have wider methodological significance: philosophy can make an important contribution to this and related applied debates; but it is not by artificially – and optimistically – simplifying realities on the ground that philosophers can be of help. (shrink)

On Don Marquis’s future of value account of the wrongness of killing, ‘what makes it wrong to kill those individuals we all believe it is wrong to kill, is that killing them deprives them of their future of value’. Marquis has recently argued for a narrow interpretation of his future of value account of the wrongness of killing and against the broad interpretation that I had put forward in response to Carson Strong. In this article I argue that the narrow (...) view is problematic because it violates some basic principles of equality and because it allows for some of the very killing that Marquis sets out to condemn; further, I argue that the chief reason why Marquis chooses the narrow view over the broad view – namely that the broad view would take the killing of some nonhuman animals to be also wrong – should rather be considered a welcome upshot of the broad view. (shrink)

We argue that lack of direct and conscious control is not, in principle, a reason to be afraid of machines in general and robots in particular: in order to articulate the ethical and political risks of increasing automation one must, therefore, tackle the difficult task of precisely delineating the theoretical and practical limits of sustainable delegation to robots.

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of terror bombing and strategic bombing which dominates this debate is underdetermined with regards to the agents’ psychologies: (a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double (...) Effect that explains the moral difference; (b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. (shrink)

Enhancement ist eine tolle Sache: dieser Begriff ist notwendigerweise positiv (ein bisschen wie der traditionelle Gottbegriff), so dass wenn eine Änderung keine richtige Verbesserung hervorbringt, es auch kein richtiges Enhancement gewesen ist: sehr praktisch. Wie könnte man unter diesen Umständen überhaupt gegen Enhancement sein? Beim Enhancement geht es nicht mal um das plausible aber nicht unumstrittene „mehr ist besser“; vielmehr geht es um das tautologische „besser ist besser“.

I argue against various versions of the ‘attitude’ view of consent and of the ‘action’ view of consent: I show that neither an attitude nor an action is either necessary or sufficient for consent. I then put forward a different view of consent based on the idea that, given a legitimate epistemic context, absence of dissent is sufficient for consent: what is crucial is having access to dissent. In the latter part of the paper I illustrate my view of consent (...) by applying it to the case of consenting to being an organ donor. (shrink)

Greg Janzen has recently criticised my defence of Frankfurt’s counterexample to the Principle of Alternate Possibilities by arguing that Jones avoids killing Smith in the counterfactual scenario. Janzen’s argument consists in introducing a new thought-experiment which is supposed to be analogous to Frankfurt’s and where the agent is supposed to avoid A-ing. Here I argue that Janzen’s argument fails on two counts, because his new scenario is not analogous to Frankfurt’s and because the agent in his new scenario does not (...) avoid A-ing. (shrink)

This file contains the Bibliography of my book Mindlessness.

The concept of agency is of crucial importance in cognitive science and artificial intelligence, and it is often used as an intuitive and rather uncontroversial term, in contrast to more abstract and theoretically heavy-weighted terms like “intentionality”, “rationality” or “mind”. However, most of the available definitions of agency are either too loose or unspecific to allow for a progressive scientific program. They implicitly and unproblematically assume the features that characterize agents, thus obscuring the full potential and challenge of modeling agency. (...) We identify three conditions that a system must meet in order to be considered as a genuine agent: a) a system must define its own individuality, b) it must be the active source of activity in its environment (interactionalasymmetry) and c) it must regulate this activity in relation to certain norms (normativity). We find that even minimal forms of proto-celular systems can already provide a paradigmatic example of genuine agency. By abstracting away some specific details of minimal models of living agency we define the kind of organization that is capable to meet the required conditions for agency (which is not restricted to living organisms). On this basis, we define agency as an autonomous organization that adaptively regulates its coupling with its environment and contributes to sustaining itself as a consequence. We find that spatiality and temporality are the two fundamental domains in which agency spans at different scales. We conclude by giving an outlook to the road that lies ahead in the pursuit to understand, model and synthesis agents. (shrink)

The issues of this essay concern whether there are ways of experiencing time that are specific to narration and whether such ways can also be applied to the experience of time in reflection. In order to tackle these issues, we shall compare and contrast the experience of time in life with both the temporal experiences of narration and the temporal experiences of reflection. We shall begin, then, with a discussion on what the “experience of time” is, in the attempt of (...) providing a theoretical framework for our inquiry on narrative and reflective temporalities. (shrink)

Pitch is an audible quality of sound which can be explained not only in terms of strong correlation with sound waves’ properties, but also by a neat correlation to the properties of the sounding object. This seems to be in favour of the theory of sound labelled “distal view”, according to which sound is the vibration of the sounding object.

The method of contrast is used within philosophy of perception in order to demonstrate that a specific property could be part of our perception. The method is based on two passages. I argue that the method succeeds in its task only if the intuition of the difference, which constitutes the core of the first passage, has two specific traits. The second passage of the method consists in the evaluation of the available explanations of this difference. Among the three outlined options, (...) I will demonstrate that only in the third option – as we shall see, the case of the scenario that remains the same but is perceived in two different ways by the same perceiver – the intuition purports a difference that posses the necessary characteristics, namely being immediately evident and extremely complex and multifaceted, which determine its tensive nature. The application within auditory perception of this third option will generate two cases, a diachronic one and a synchronic one, which clearly show that we can auditorily perceive causality as a link between two sonorous episodes. The causal explanation is the only possible explanation among the many evaluated within the second passage of the method of contrast. (shrink)

This chapter takes the form of a discussion between the editors of this volume and Steven Lukes, one the most eminent critics of methodological individualism. The focus is on Lukes’ interpretation of methodological individualism in terms of linguistic exclusivism (i.e., naive reductionism), the multiple-realization problem, Boudon’s and Elster’s micro-foundationalist approach, ontological individualism, and the rationality of human action.

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)

Frente a quienes sostienen una incompatibilidad entre historia de la filosofía y filosofía, en cuanto plantean una disyuntiva entre una práctica descriptiva y una argumentativa, en este trabajo nos proponemos mostrar, examinando la labor histórico-filosófica de Aris- tóteles, que esa disyuntiva no es excluyente. Para ello, en primer lugar, examinaremos algunos pasajes de su obra en los que ofrece indicaciones metodológicas que permiten comprender la doble función que cumplen las exposiciones críticas de los filósofos precedentes en la constitución misma de (...) su filosofía. En segundo lugar, ilustraremos el tipo de argumentación aristotélica a través del análisis de las críticas que dirige a las Ideas platónicas como causas. Contra Platón, Aristóteles establece que, para dar cuenta de la ingenerabilidad e incorruptibilidad de las formas, no es necesario caracterizarlas como entidades separadas de la materia y del movimiento. Basta asegurar la eternidad de la forma a través de su reproducción en otros individuos de la misma especie. Tal análisis nos permite concluir, finalmente, que filosofía o historia de la filosofía constitu- yen una falsa disyuntiva en Aristóteles, por lo que el examen dialéctico de las doctrinas precedentes es un método adecuado de indagación filosófica. (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)

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)

‘No-fault unbelief’ can be named the view that there are those who do not believe in God through no moral or intellectual fault of their own. This view opposes a more traditional one, which can be named ‘flawed unbelief’ view, according to which religious unbelief signals a cognitive or moral flaw in the non-believer. Since this charge of mental or moral flaw causes a certain uneasiness, I oppose the former view, i.e. ‘no-fault unbelief’, with a strategy that has nothing to (...) do with the latter. I assume that ‘no-fault unbelief’ is correct and show what consequences follow for both unbelievers and believers. I conclude that the assumption in question is superficially beneficial but deeply detrimental to unbelievers, and by contrast, it is superficially detrimental and deeply beneficial to believers. (shrink)

Aquinas’s thought is often considered an exemplary balance between Christian faith and natural reason. However, it is not always sufficiently clear what such balance consists of. With respect to the relation between philosophical topics and the Christian faith, various scholars have advanced perspectives that, although supported by Aquinas’s texts, contrast one another. Some maintain that Aquinas elaborated his philosophical view without being under the influence of faith. Others believe that the Christian faith constitutes an indispensable component of Aquinas’s view; at (...) least when Aquinas focused on those statements that, though maintainable by mere reason, belong to the Christian revelation. In this essay I intend to show that the aforementioned perspectives can be reconciled on the basis of Aquinas’s concept of faith. If we do not limit ourselves to considering faith as the assent to the revealed truth, but also look at what leads the believer to assent—i.e., charity that unites the believer with God and is gratuitously conceded by God himself—then the relation between faith and reason appears to be twofold. On the one hand, the truths of faith cannot participate in the rational inquiry, because according to Aquinas faith lacks the evidence searched for by natural reason. On the other hand, since Aquinas holds that faith is the assent to the revelation due to the love for God that is granted by God himself, the believer will take faith as more certain than intellect and science, and the truths of faith will constitute the orientation and criterion of her/his rational investigation. The truths shall constitute orientation because the believer aims to confirm by reason what she/he already believes. They will also be criterion, because in case of a contradiction between rational arguments and revealed truths, reason must be considered mistaken and the rational investigation must start anew from the beginning. (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)

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)

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)

Why, at a certain point in history, did the regulation of human relations acquire jurisdictional status? Why did class rule take the form of an official state power? What, in the complexity of social relationships, did the formal application of norms correspond to? But above all, why did the law, here meant as a system of legal norms, turn out particularly suited to social and economic capitalist developments? From an explicitly Marxist point of view, the author explores Evgenij Bronislavovic Pashukanis's (...) "Theory of Law and Marxism" (1924), which is the first theoretical and organic attempt to define the structural goal of the law, not in terms of pure form, but in those of a system with systematic organization of production, thus revealing that the development of bourgeois law was not at all accidental but indeed essential to the functioning and existence of the capitalist production relationships. Towards this precise direction, “law, as a constituent element of production relations, is no longer defined by the traditional scheme of a mere ideological superstructure, but it is itself the very structure, already inherent in capitalist socialization, which is entirely immanent to society”. This captures the innovative specificity of Pashukanis's heterodoxy, certainly the greatest Marxist jurist of all time. (shrink)

This chapter analyzes the relationship between methodological individualism (MI) and reductionism. While the latter term is mainly used in reference to MI with a negative meaning, i.e. as a synonym of a naively atomistic and non-structural approach, it is also, though rarely, used to couch MI in terms of a non-atomistic micro-foundationalism that is compatible with systemic explanations (e.g. Elster). This chapter investigates the legitimacy of the pejorative use of the term reductionism with respect to MI. Three points are developed. (...) First, the chapter argues that two different kinds of interpretation of MI in terms of naively atomistic reductionism can be distinguished: one in terms of psychological reductionism and the other in terms of semantic reductionism, the latter of which has a nominalist and an anti-nominalist variant. Second, the chapter explains why the different interpretations of MI in terms of naively atomistic reductionism are unfounded. Third, the chapter analyzes and criticizes the view that MI must be replaced by a new anti-reductionist approach understood as a middle ground between holism and MI. (shrink)