El autor del artículo, tras la revisión de las piedras, reedita —con aparato crítico, traducción española y un extenso comentario— ocho inscripciones cristianas de Císamo en Creta.

Abstract: Introspection reveals that one is frequently conscious of some form of inner speech, which may appear either in a condensed or expanded form. It has been claimed that this speech reflects the way in which language is involved in conscious thought, fulfilling a number of cognitive functions. We criticize three theories that address this issue: Bermúdez’s view of language as a generator of second-order thoughts, Prinz’s development of Jackendoff’s intermediate-level theory of consciousness, and Carruthers’s theory of inner speech as (...) a rehearsal of action-schemata. We contend they have problems to account for those cases in which inner speech is fragmentary, and for the difference with those instances in which it appears as more sentence-like. In addition, we present verbal overshadowing as a phenomenon that neither of them can easily explain. Finally, we propose an account in which inner speech is fundamentally silent outer speech and argue that it is more explanatory than the alternatives. (shrink)

Eshel Ben-Jacob’s manuscript entitled ‘Bacterial wisdom, Gödel’s theorem and creative genomic webs’ summarizes decades of work demonstrating adaptive mutagenesis in bacterial genomes. Bacterial genomes, each an essential part of a Kantian whole that is a single bacterium, are thus not independent of the environment as sensed; and a single bacterium is therefore a semiotic entity. Ben-Jacob suggests this but errs in 1) assigning autonomy to the genome, and 2) analogizing through computation without making clear whether he is doing so for (...) illustrative purposes or making committed ontological propositions. We reinterpret adaptive mutagenesis and related phenomena in ways both metaphysically rigorous and revealing. We conclude that bacteria are much farther removed from the ‘self-organizing’ world of inanimate process than from the Peircian world of signs; and a critical reappraisal of existing knowledge can enhance our understanding of selfhood, semiosis, and the roots of subjective experience. (shrink)

It is often believed that the only alternative to an idealist conception of natural phenomena excludes both the presence of objective universal forms and their progression towards higher forms as the finality of processes in the natural world. Realism regarding the universal and teleological approaches regarding processes are signs of idealism. Therefore, materialism, it would seem, must conform to a nominalist and mechanical view of nature. However, an intelligent materialist reading of idealism’s classics reveals a more complex scenario. A real (...) fact is expressed in a mystical fashion in idealism’s conceptions of objective universals and teleology. This article attempts to show such a real fact in its authentic (materialist) form. With that goal in mind, the present article discusses the notion of nature’s alienation, the distinction between abstract and concrete universals, and the concept of dialectical interaction. The natural-historical emergence of a higher form of matter’s organization assimilates, as its organs, the conditions that preceded it in time, transforming itself into an active producer of such conditions. That is the secret glimpsed but not correctly understood by idealism that a consistent materialist should not ignore. (shrink)

In this paper, with reference to Vito Acconci’s Following Piece (1969) and Sophie Calle’s Take care of yourself (2007), I show that some works of conceptual art rely on exemplification to convey ideas, and I defend the following claims about those works. In the first place, I argue that the kinds of events and of objects they present us with are relevant for appreciating the views the works convey. In the second place, siding with Elisabeth Schellekens (2007) and Peter Goldie (...) (2007), I argue, contra James Young (2001), that those artworks can yield experiential knowledge. In the third place, I argue that those artworks also possess probatory value. Finally, I maintain that those artworks can be valuable instruments for the education of the emotions. (shrink)

Internal coherence is of great importance for how we think about appreciating objects of aesthetic worth. A disagreement between what we judge to be worthy and what we affectively favor can prevent us from properly grasping its value. However, it is also assumed in the aesthetic domain that our taste changes over time, jeopardising such coherence constraint. These changes can lead to a mismatch between new aesthetic judgments and old aesthetic preferences. This chapter explores a number of issues that emerge (...) from this tension. Using Taylor Swift’s re-recording as a case study, I will explore the relation between fan loyalty and personal authenticity, as well as the role of biographical taste in the reception of these newly recorded albums among Swift’s long-time fanbase. (shrink)

There is a dimension of rationality, known as structural rationality, according to which a paradigmatic example of what it means to be rational is not to be akratic. Although some philosophers claim that aesthetics falls within the scope of rationality, a non-akrasia constraint prohibiting certain combinations of attitudes is yet to be developed in this domain. This essay is concerned with the question of whether such a requirement is plausible and, if so, whether it is an actual requirement of aesthetic (...) rationality. Ultimately, this paper defends the view that aesthetics is no different from other domains in that it requires coherence between a subject’s mental states (in the aesthetic case, between what is judged and what is aesthetically liked). (shrink)

There is growing debate about what is the correct methodology for research in the ontology of artworks. In the first part of this essay, I introduce my view: I argue that semantic descriptivism is a semantic approach that has an impact on meta-ontological views and can be linked with a hermeneutic fictionalist proposal on the meta-ontology of artworks such as works of music. In the second part, I offer a synthetic presentation of the four main positive meta-ontological views that have (...) been defended in philosophical literature about artworks and of some criticisms that can be lodged against them: Amie Thomasson’s global descriptivism, Andrew Kania’s local descriptivism, Julian Dodd’s folk-theoretic modesty, and David Davies’ rational accountability view. In the conclusion, I show the advantages of my view. (shrink)

Este capítulo presenta dos versiones de la teoría según la cual deberíamos centrarnos en ciertas acciones realizadas por los artistas para comprender qué tipo de objetos son las obras de arte: la propuesta de Gregory Currie (An Ontology of Art, 1989) y la de David Davies (Art as Performance, 2004). Si bien estas teorías no están exentas de problemas, es cierto que estas proporcionan una guía completa de algunos de los temas en los que uno debería meditar al evaluar y (...) desarrollar teorías sobre qué son las obras de arte. Además, Currie y Davies presentan algunos de los argumentos más refinados contra los puntos de vista contextualistas y estructuralistas sobre la metafísica de las obras de arte, así como contra el empirismo estético. (shrink)

Entre las virtudes de la explicación de Gewirth, destaca su potencial para delimitar el objeto de los derechos humanos y contener la expansión incontrolada del discurso de los derechos. Al ceñirse al contexto de la acción y a los rasgos necesarios para la agencia intencional, dicha explicación proporciona un fundamento basado en la autonomía y libertad de los agentes intencionales prospectivos, tan solo limitadas por aquellas exigencias racionales derivadas de la igual consideración del status moral de todos los demás agentes (...) intencionales prospectivos quienes, en última instancia, se identifican con la humanidad en su conjunto mediante las ideas implícitas de reciprocidad y responsabilidad moral por los actos propios. En definitiva, el argumento de Gewirth desemboca en el PCG para proporcionar un fundamento racional de los derechos humanos limitado a la estructura normativa de la acción, la agencia intencional prospectiva potencial o actual de todos los seres humanos y los bienes necesarios para la acción intencional: la libertad y el bienestar. (shrink)

The starting point of this paper are two views: on the one hand, two general claims about street art – a broad art category encompassing works of spray painting as well as of yarn bombing, paste ups as well as sculptural interventions, tags as well as stickers, and so on – and, on the other hand, a much more specific view about certain contemporary tags produced, roughly, over the past twenty years. The two general claims are, first, that all works (...) of street art are subversive (see, e.g., Bacharach 2015; 2018; Chackal 2016; Baldini 2015; 2016; 2017; 2018; Willard 2016), second, that works of street art are the result of acts of self-expression (Riggle 2016). The specific view about certain contemporary tags is that they are artworks, although they are not presented, mainly, for appreciation of aesthetic properties grounded in their perceptual properties, because they are works of conceptual street art (see Lewisohn 2010; JAK 2012). The key question of the paper concerns, however, not contemporary tags, but “very early tags” (VETs) – a term that I shall use to designate the extremely simple, unadorned tags that first appeared in the late 1960s and that some scholars consider as the historical predecessors of the various practices that today we group under the category “street art” (see, e.g., Young 2014; Gastman et al. 2015): should we regard VETs as artworks? On the one hand, VETs writers tend to answer this question in the negative, since they stress that they didn’t cast themselves as artists and often identify the first tags that are artworks with the graphically elaborated tags that begun to be seen around New York City and Philadelphia just a few years after the appearance of the first tags. On the other hand, already in the early 1970s, artists and intellectuals such as Norman Mailer and Gordon Matta-Clark seemed to hold the view that it was appropriate to regard both VETs and later tags as art, although they didn’t defend this thesis with argument. The view that some contemporary tags that are not presented, mainly, for appreciation of their aesthetic properties might be candidates for appreciation as works of conceptual art suggests a strategy for assessing the issue whether VETs are candidates for art appreciation: can we defend the claim that the extremely simple, unadorned VETs were presented for appreciation as works of conceptual street art? I argue that we have good reasons to hold this view. (shrink)

This paper contrasts the experience of works of installation art with sculptural and architectural experience and argues that installation art is an interactive art form.

Intentionalism is the view that perceptual phenomenology depends on perceptual content. The aim of this paper is to make explicit an ambiguity in usual formulations of intentionalism, and to argue in favor of one way to disambiguate it. It concerns whether perceptual phenomenology depends on the content of one and only one representation (often construed as being identical to a certain perceptual experience), or instead depends on a collection of many different representations throughout the perceptual system. We argue in favor (...) of the latter option. Intentionalism so conceived can make better sense of contemporary neuroscience of perception, and is better equipped to confront several influential objections to traditional intentionalism. (shrink)

Recent work on signaling has mostly focused on communication between organisms. The Lewis–Skyrms framework should be equally applicable to intra-organismic signaling. We present a Lewis–Skyrms signaling-game model of painful signaling, and use it to argue that the content of pain is predominantly imperative. We address several objections to the account, concluding that our model gives a productive framework within which to consider internal signaling.

The re-use of publicly available (personal) data for originally unanticipated purposes has become common practice. Without such secondary uses, the development of many AI systems like large language models (LLMs) and ChatGPT would not even have been possible. This chapter addresses the ethical implications of such secondary processing, with a particular focus on data protection and privacy issues. Legal and ethical evaluations of secondary processing of publicly available personal data diverge considerably both among scholars and the general public. While some (...) of these uses are met with opposition and criticism, others are quite unanimously viewed as unproblematic. Often, proponents and opponents of such practices invoke the same ethical and legal standards for their opposite conclusions. This state of affairs shows that other considerations besides the public availability of data must play a role. It calls for a theoretical clarification of the additional criteria that should guide decisions about the (legally informed) ethical acceptability of re-processing practices. In order to make a contribution towards this goal, the present chapter maps the ongoing debate and systematises the existing contributions around three lines of argument: a consent-centred position, an approach that focuses on the distinction between data and information, and finally a line of argument that focuses on the contextual norms that govern the flows of information. The chapter further relates these arguments to three underlying conceptions of privacy and data protection: rights-based, structural and contextual, and discusses the advantages and disadvantages of each position in the light of concrete examples. It concludes by arguing for a mixed approach that combines core elements of the structural and contextual approaches. The chapter aims to contribute to existing research in the fields of data, AI and research ethics, and to reconnect the debate with ethical and legal scholarship on privacy and data protection. In doing so, it aims to make a theoretical contribution towards refining existing conceptions of privacy and data protection in order to make them more fit to ‘drive our digital world’ as far as the use of publicly available data is concerned. (shrink)

We very often discover ourselves engaged in inner speech. It seems that this kind of silent, private, speech fulfils some role in our cognition, most probably related to conscious thinking. Yet, the study of inner speech has been neglected by philosophy and psychology alike for many years. However, things seem to have changed in the last two decades. Here we review some of the most influential accounts about the phenomenology and the functions of inner speech, as well as the methodological (...) problems that affect its study. (shrink)

During the French Revolution, Olympe de Gouges (1748-1793) campaigned for the rights of women, enslaved people and other politically marginalised and underprivileged groups. Conceptually, her reflection is located within the tradition of the social contract. However, she made a theoretical and practical break with this by abolishing the separation between the political and private spheres and universally expanding political participation and belonging.

Linguistics of Saying is to be analyzed in the speech act conceived as an act of knowing. The speaking, saying and knowing subject, based on contexts and the principles of congruency and trust in the speech of other speakers, will create meanings and interpret the sense of utterances supplying the deficiencies of language by means of the intellective operations mentally executed in the act of speech. In the intellective operations you can see three steps or processes: first the starting point, (...) intuition or aísthesis; second, the process of abstraction; and third, the inverse: the process of determination or fixing the construct created. (shrink)

(This is one of the essays to be included in a book examining the causes of day-to-day strife in the populations of modern democracies vying to live and assert the freedoms promised to them by systems of governance supposed and expected to represent them.) -/- ... Such intelligence could be compared to a rocket that crosses up into the thermosphere dropping to destruction the thrust engine that got it there, downwards into the lower mesosphere, after leaving behind its satellite payload (...) in orbit. Or perhaps more appropriately, intelligence mirrors the movement of a plant pushing through soil upwards but also downwards into its roots (positive and negative phototropism and gravitropism), emerging without direct exposure to the sun yet ever dependent on its light, developing its embryonic stem and leaf systems to produce flowers and fruit, all the way changing and simultaneously shedding the forms of its evolving nature to achieve the fulfilment of all its functions in the creation and production of independent, fertile, self-regenerating seed past the impasse of change, loss, and even death. ... (shrink)

Linguistics of saying studies language in its birth. Language is the mental activity executed by speaking subjects. Linguistics of saying consists in analyzing speech acts as the result of an act of knowing. Speaking subjects speak because they have something to say. Tthey say because they define themselves before the circumstance they are in. And this is possible because they are able to know. Speaking, then, is speaking, saying and knowing. In this sense there is a progressive determination. Knowing makes (...) possible saying, and saying determines speaking, or, in other words: speaking involves saying and knowing, and saying involves knowing. The problem thus is to determine the meaningful intentional purpose of the individual speaker to say something in every speech act. (shrink)

This chapter illustrates through the analysis of some examples how philosophical research can illuminate the improvisational aspects of installation art. There is little philosophical research on improvisation in the visual arts. Similarly, there is little philosophical research on installation art – in section 2, I mention some key claims that have been put forward. Not surprisingly, then, philosophers have not yet focussed – at least to my knowledge – on improvisation in installation art. The issue, though, is timely. Not only (...) some installation artists have explored improvisation in their practice, both solo and collaboratively (see section 3) but, as I shall argue, it can be claimed that some works of installation art represent or express improvisation (section 4), that some invite the public to engage in improvisation (section 5), and that curatorial teams responsible for the displays of certain installation artworks have the opportunity to introduce improvisational elements in their practice, if they so wish (section 6). (shrink)

The concept of autonomy is central to many debates in aesthetics. However, exactly what it means to be autonomous in our aesthetic engagements is somewhat unclear in the philosophical literature. The normative significance of autonomy is also unclear and hotly debated. In this essay, I propose a method for clarifying this elusive concept by distinguishing three distinct senses or varieties of aesthetic autonomy: experiential autonomy, competence-based autonomy, and personal autonomy. On this taxonomy autonomy is a context-sensitive concept and autonomy applies (...) to several different moments or stages of aesthetic appreciation. Throughout this critical discussion, important issues concerning the nature of aesthetic appreciation are also explored. (shrink)

La categoría ‘arte conceptual’ se aplica a una gran cantidad de obras de arte contemporáneo. El artista Sol LeWitt introdujo el término en la jerga del arte al describir obras de arte donde “la idea o el concepto es el aspecto más importante de la obra” (LeWitt 1967: 79, traducción mía). Inicialmente, el término se utilizó para referirse a obras producidas entre finales de los años sesenta y principios de los setenta por artistas como Sol LeWitt, Robert Barry, Lawrence Weiner, (...) On Kawara, Joseph Kosuth, John Baldessari, el grupo Art & Language y otros (véase Lippard 1973). En España fueron relevantes el Grup de Treball, Zaj o Esther Ferrer entre otros. Más tarde se hizo evidente no solo que obras como Fuente (1917) de Marcel Duchamp – un urinario de porcelana, que fue firmado “R. Mutt” y presentado para una exposición de la Sociedad de Artistas Independientes – tenían mucho en común con aquellas producidas a finales de la década de 1960 y principios de la de 1970, sino también que obras de arte conceptual continuaron siendo producidas a lo largo de la década de 1970 y las décadas siguientes, hasta el punto de que podría argumentarse que gran parte del arte contemporáneo es, en cierta medida, conceptual. -/- Es característico de los primeros autores conceptuales el uso del lenguaje natural en obras que son en principio visuales o plásticas, como las frases de Weiner, las definiciones de Kosuth o los ensayos de Art&Language. Se trata de un interés por el significado y el lenguaje heredado de la semiótica y la filosofía analítica de la época. También señala el énfasis (a menudo exclusivo) de todas las obras de arte conceptual en el elemento conceptual, como ocurre en los dibujos y pinturas murales de LeWitt, donde el artista produjo las instrucciones para su ejecución, luego las realizó en colaboración con otros, o transfirió completamente a otros esta tarea. Otra característica de las primeras obras de arte conceptual es que los artistas no manipularon ningún material para producir un objeto (como en Fuente de Duchamp) o usaron materiales excéntricos como el lenguaje natural, su propio cuerpo -como en I am the locus (# 1) (1975) de Adrian Piper, una performance en la que la artista se pegó un bigote en la cara, se puso una peluca Afro y anteojos redondos con montura de alambre y caminó en las calles actuando como un hombre-, o el chocolate con el que Anya Gallaccio revistió las paredes de un viejo edificio agrícola en Stroke (2004), dejando que el público las tocara y que el chocolate se pudriese. -/- Debido a sus características inusuales, el arte conceptual plantea muchas preguntas filosóficas: sobre la definición de arte, sobre la ontología y los medios de las obras de arte y sobre nuestra experiencia apreciativa de ellas. En lo que sigue, presentaré brevemente cada uno de estos temas. (shrink)

An analysis of three pictorial works by Ugo Nespolo is put forward: "Barbe posticce" (1977); "Guardar Manzoni" (1974); "Il museo: Fontana" (1975). It is claimed that such works embody meditations on the concept and the varieties of representation, that they prompt critical reflections on the role of museums in art-making, and that they suggest an alternative route to that of the 'dematerialization' of the art object for the understanding of contemporary art.

Both Franz Brentano and Edmund Husserl addressed sound while trying to explain the inner consciousness of time and gave to it the status of a supporting example. Although their inquiries were not aimed at clarifying in detail the nature of the auditory experience or sounds themselves, they made some interesting observations that can contribute to the current philosophical discussion on sounds. On the other hand, in analytic philosophy, while inquiring the nature of sounds, their location, auditory experience or the audible (...) qualities and so on, the representatives of that trend of thought have remained silent about the depiction of sound and the auditory phenomena in the phenomenological tradition. The paper’s intention is to relate both endeavours, yet the perspective carried out is that of analytic philosophy and, thus, I pay special attention to conceptual analysis as a methodological framework. In this sense, I first explain what sound ontology is in the context of analytic philosophy and the views that it encompasses— namely, the Property View (PV), the Wave View (WV) and the Event View (EV)—. Secondly, I address the problems it entails, emphasising that of sound individuation. In a third section, I propose the possibly controversial conjunction of a “Brentano-Husserl Analysis of the Consciousness of Time” (for short “Brentano-Husserl analysis”) and outline the commonalities of both authors, without ignoring its discrepancies. My main focus is Husserl’s 1905 Vorlesungen zur Phänomenologie des Inneren Zeitbewusstseins. While addressing the Brentano-Husserl analysis, I elaborate on the problem of temporal and spatial extension (Raumlichkeit and Zeitlichkeit, respectively) of both consciousness and sound. Such comparison is a key one, since after these two developments, one can notice some theoretical movements concerning the shift of attention from sounds to the unity of consciousness, and how they mirror each other. After examining the controversial claims concerning the temporal and spatial extension of both consciousness and sound, I argue in the concluding paragraphs that while considering the accounts of sound ontology, the Brentano-Husserl analysis would probably endorse a Property View and that this could have interesting consequences for the issue of Sound Individuation. (shrink)

We aim to map out the points of confluence between phronesis and emotion, as well as the nature of this confluence. We do so based on philosophical and psychological explanations of emotions and phronesis. Making sound decisions, which requires phronesis, is an important matter, but its relationship with emotions has only just begun to be studied. We propose that the interplay between phronesis and emotion is possible (rather than inevitable) because both have a cognitive-behavioural structure and because emotions are hierarchical. (...) In the case of emotion, there are no gaps between the cognitive and behavioural dimensions, while phronetic acts can only manifest if cognitive and behavioural aspects are activated simultaneously. The confluence we identify is bidirectional and involves mutual enrichment in this dual dimension. On the one hand, phronesis enriches emotion because it involves extra subjective knowledge and allows emotion to be directed towards higher goals. On the other hand, emotions enrich phronesis because phronesis makes decisions based on sensitive preferences and because emotions confirm correctness in the context of moral decision making. Methodologically, this study is theoretical and interdisciplinary, as our approach is both philosophical and psychological. Philosophy helps us to improve the conceptual foundation of the construct, while psychology provides an analysis of the emotional process, allowing philosophy to understand how emotional evaluation-assessment and motivation lead to decision making. (shrink)

Several contemporary architects have designed architectural objects that are closely linked to their particular sites. An in-depth study of the relevant relationship holding between those objects and their sites is, however, missing. This paper addresses the issue, arguing that those architectural objects are akin to works of site-specific art. In section (1), I introduce the topic of the paper. In section (2), I critically analyse the debate on the categorisation of artworks as site-specific. In section (3), I apply to architecture (...) the lesson learned from the analysis of the art debate. (shrink)

--- abstract is not requested by the Editors.

The Research Domani Criteria framework (RdoC) encourages research on specific impairments present across traditional nosological categories and suggests a list of biological and behavioral measures for assessing them. After a description of RdoC, in this article we focus on impairments of the ability of understanding others, specifically in Theory of Mind and empathy. We illustrate recent evidence on brain anomalies correlating with these deficits in Schizophrenia, Addiction Disorders and Mood Disorders populations. In the last section, we zoom out and consider (...) this kind of research vis-à-vis the objection of being reductionistic that is, in favoring mechanistic accounts of mental disorders. We argue that metaphysical reductionism and explanatory reductionism are not conceptually entailed by the RdoC framework. (shrink)

Introduction: Traditionally, empathy has been studied from two main perspectives: the theory-theory approach and the simulation theory approach. These theories claim that social emotions are fundamentally constituted by mind states in the brain. In contrast, classical phenomenology and recent research based on enactive theories consider empathy as the basic process of contacting others’ emotional experiences through direct bodily perception and sensation. Objective: This study aims to enrich knowledge of the empathic experience of pain by using an experimental phenomenological method. Method: (...) Implementing an experimental paradigm used in affective neuroscience, we exposed 28 healthy adults to a video of sportspersons suffering physical accidents while practicing extreme sports. Immediately after watching the video, each participant underwent a phenomenological interview to gather data on embodied, multi-layered dimensions (bodily sensations, emotions, and motivations) and temporal aspects of empathic experience. We also performed quantitative analyses of the phenomenological categories. Results: Experiential access to the other person’s painful experience involves four main-themes. Bodily resonance: participants felt a multiplicity of bodily, affective, and kinesthetic sensations. Attentional focus: some participants centered their attention more on their own personal discomfort and sensations of rejection, while others on the pain and suffering experienced by the sportspersons. Kinesthetic motivation: some participants experienced the feeling in their bodies to avoid or escape from watching the video, while others experienced the need to help the sportspersons avoid suffering any injury while practicing extreme sports. Temporality of experience: participants witnessed temporal fluctuations in their experiences, bringing intensity changes in their bodily resonance, attentional focus, and kinesthetic motivation. Finally, two experiential structures were found: one structure is self-centered empathic experience, characterized by bodily resonance, attentional focus centered on the participant’s own experience of seeing the sportsperson suffering, and self-protective kinesthetic motivation; the other structure is other-centered empathic experience, characterized by bodily resonance, attentional focus centered on the sportsperson, and prosocial kinesthetic motivation to help them. Discussion: We show how phenomenological data may contribute to comprehending empathy for pain in social neuroscience. In addition, we address the phenomenological aspect of the enactive approach to the three dimensions of embodiment of human consciousness, especially the intersubjective dimension. Also, based on our results, we suggest an extension of the enactive theory for non-interactive social experience. (shrink)

This article focuses on the so-called “Area of Freedom, Security and Justice” (ASFJ), namely the policy field of the European Union (EU) that covers judicial and police cooperation, migration and asylum policies and the control of external borders. The article explores how the AFSJ has emerged and how, within it, the relationship between freedom and security has evolved over time and brought about a shift towards a “Security Union”.

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal theory debates. -/- (...) Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

This paper addresses issues regarding perceptions of surveillance technologies in Europe. It analyses existing studies in order to explore how perceptions of surveillance affect and are affected by the negative effects of surveillance and how perceptions and effectiveness of surveillance technologies relate to each other. The paper identifies 12 negative effects of surveillance including, among others, privacy intrusion, the chilling effect and social exclusion, and classifies them into three groups. It further illustrates the different ways in which perceptions and effectiveness (...) of surveillance interact with each other, distinguishing between perceived security and perceived effectiveness. Finally, the paper advances a methodology to take into account perception issues when designing new surveillance technologies. By doing so, it rejects manipulative measures aiming at improving perceptions only and suggests measures that address the background conditions affecting perceptions. (shrink)

Language is nothing but human subjects in as much as they speak, say and know. Language is something coming from the inside of the speaking subject manifest in the intentional meaningful purpose of the individual speaker. A language, on the contrary, is something coming from the outside, from the speech community, something offered to the speaking subject from the tradition in the technique of speaking. The speech act is the performance of an intuition by the subject, both individual and social.

Digitalisation has lent the right to privacy increasing philosophical and legal relevance. However, privacy’s epistemic status and associated normative values are constantly subject to radical criticisms. This article investigates the validity, in theory and practice, of three radical critiques of privacy. A review of the philosophical and interdisciplinary discourse on privacy during the last half century is followed by analyses of recent legal developments within the EU. Privacy emerges as a highly differentiated and powerful tool to protect individuals and social (...) relations and to limit and redistribute power. However, the right to privacy remains far from realising its practical potential. (shrink)

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

The Passenger Name Record (PNR) Directive has introduced a pre-emptive, risk-based approach in the landscape of European databases and information exchange for security purposes. The article contributes to ongoing debates on algorithmic security and data-driven decision-making by fleshing out the specific way in which the EU PNR-based approach to security substantiates core characteristics of algorithmic regulation. The EU PNR framework appropriates data produced in the commercial sector for generating security-related behavioural predictions and does so in a way that gives rise (...) to a paradoxical normativity directly dependent on empirical states. Its ‘securitisation move’ is moreover characterised by an inherent tendence to expand. As a result, the PNR Directive poses challenges for existing check and balance mechanisms and for human autonomy. These challenges could be partially addressed by strengthening ex-post control procedures and independent auditing. Yet in the decision to adopt a risk-based security model, something more fundamental seems to be at stake, namely, the preservation of the idea of human beings as moral agents able to direct and modify their behaviour in accordance with an intelligible, reliable and predictable normative order. (shrink)

A widespread Western conception about the sanctity of the human body and its parts prevents from any morally acceptable disposition of these objects. However, this entails nothing but a dualistic conception of the human being as a composite of detachable parts — namely, body and mind. Understood as the antechamber of legal rights, moral rights perform an important — yet frequently overlooked — justifying function that permeates the political discourse. Although the connection among moral, political and legal discourses should be (...) properly acknowledged, certain boundaries are to mediate among each scope for the sake of certainty and accuracy. Intermediate realities, as the so-called human rights, serve to connect the moral and legal domains, still they also blur the lines along which the discourse is deployed. Moral entities are essentially inalienable, to the extent that they demarcate the moral status of the subject. By contrast, legal rights are essentially negotiable and, thus, alienable. The controversial instance of bodily rights will serve to test the assertions above. (shrink)

This Article aims to demonstrate that the WTO jurisprudence on science-related trade disputes has become imbued with a specific vision of science that has prevented any possible application of the precautionary principle. This situation is due both to the WTO’s specific dispute settlement procedures and to the substantive nature of precautionary measures. Indeed, such measures’ foundation on “insufficient scientific evidence” dramatically undermines the probative value of science in WTO adjudication and creates a seeming contradiction: The system requires defendants to provide (...) legal evidence of the absence of sufficient scientific evidence. The reasoning of the Panel on the EC–Biotech case was riddled with this apparent paradox. For the first time, the US–Continued Suspension case has opened a gateway to address this fundamental issue. (shrink)

Artificial intelligence (AI) and molecular biotechnologies (MB) are among the most promising, but also ethically hotly debated emerging technologies. In both fields, several ethics reports, which invoke lists of ethics principles, have been put forward. These reports and the principles lists are technology specific. This article aims to contribute to the ongoing debate on ethics of emerging technologies by comparatively analysing four European ethics reports from the two technology fields. Adopting a qualitative and in-depth approach, the article highlights how ethics (...) principles from MB can inform AI ethics and vice versa. By synthesizing the respective ethical cores of the principles included in the analysed reports, the article derives, moreover, a unified list of principles for assessing emerging technologies. The suggested list consists of nine principles: autonomy; individual and social well-being and prevention of harm; reliability, safety and security; informational privacy; transparency; accountability; communication, participation and democracy; justice, fairness, and non-discrimination; sustainability. (shrink)

Some mental states have valence—they are pleasant or unpleasant. According to imperativism, valence depends on imperative content, while evaluativism tells us that it depends on evaluative content. We argue that if one considers valence’s informational profile, it becomes evident that imperativism is superior to evaluativism. More precisely, we show that if one applies the best available metasemantics to the role played by (un)pleasant mental states in our cognitive economy, then these states turn out to have imperative rather than evaluative content, (...) since: (i) they are much more informative about behaviour than they are about the world; and (ii) they occupy a stage in the information-processing chain that is closer to behaviour production than it is to the uptake of sensory information. This is our metasemantic argument for imperativism. (shrink)

A partir de los postulados de una concepción semántica de norma y su clasificación en reglas y principios, Robert Alexy ha enunciado una tesis fuerte de la separación, al concebir que entre ambos tipos de normas no solo existe una diferencia gradual, sino también cualitativa. En este contexto, los principios son descritos como mandatos de optimización, caracterizados por un cumplimiento gradual en atención a las posibilidades reales y jurídicas, y a través de la denominada técnica de la ponderación. A pesar (...) de las objeciones recibidas, la vigencia de esta tesis resulta incuestionable, sirviendo todavía de inspiración a las nuevas generaciones de juristas interesados en la Teoría del Derecho. En el presente capítulo se pretende exponer de manera sucinta pero precisa los postulados del principialismo alexyano, las críticas más recurrentes y sus posibles respuestas, para terminar con algunas notas interpretativas que persiguen contribuir a la continuación del camino trazado por el insigne profesor alemán. (shrink)

Philosophical discussions on cognition (ranging from computational and representational approaches to the 4E fra-mework), on the one hand, and those on sound and auditory per-ception, on the other, have hitherto remained apart. In this paper, the author addresses the concept of “auditory cognition”. While committing to the conceptual analysis of the latter, the author in-troduces the discussion of modality-specif ic approaches. Since the contributions made so far in the domain of the philosophy of sound and auditory perception are prone to (...) favor computational-repre-sentational approaches —e.g., the perceptual coherence model (Méndez-Martínez, 2022)—, the exploration of 4E possibilities will lay down a series of questions aimed to encourage future developers from that viewpoint. In that sense, the author explores conceptual entailments and connections between the genealogy of theories within the philosophy of sound and auditory perception, and the hypothesis of the extended cognition (EX). (shrink)

l volume di Gustavo Gozzi "Diritti e civiltà. Storia e filosofia del diritto internazionale (Bologna, il Mulino, 2010) ha a nostro avviso colmato una lacuna importante nel panorama filosofico-giuridico italiano. Si tratta infatti della prima pubblicazione in lingua italiana che, da un punto di vista insieme storico e filosofico, affronta in modo sistematico lo sviluppo del diritto internazionale dall’età moderna ai giorni nostri. Questo primato è già un eccellente motivo per discutere Diritti e civiltà. Ma c’è di più. Una parte (...) consistente del saggio è dedicata alla ricostruzione e discussione di contributi non-occidentali al dibattito contemporaneo sulla natura e il ruolo del diritto internazionale. Si può anzi dire che Gozzi fa proprio il punto di vista di questi autori: il volume si distingue infatti per un approccio critico nei confronti della pretesa universalità delle dottrine occidentali del diritto internazionale. Questo scetticismo si fonda sulla tesi fondamentale del volume, secondo la quale il diritto internazionale è caratterizzato dalla “continuità del discorso dell’egemonia occidentale dalla prima età moderna fino alla realtà contemporanea” (p. 11). Prendendo avvio dall’approccio sistematico e insieme critico del volume e dai temi in esso trattati, questo forum intende (ri)discutere temi chiave della storia e filosofia del diritto internazionale e metterne a fuoco un programma di ricerca. (shrink)

Lo sviluppo del diritto internazionale penale è stato accolto con entusiasmo da attivisti per i diritti umani, giuristi e studiosi di questioni internazionali. La punizione dei crimini internazionali più gravi, come i crimini di guerra, quelli contro l’umanità e il genocidio è considerata un importante passo avanti verso l’effettiva protezione dei diritti umani e l’affermazione della pace. Questo entusiasmo sembra però aver lasciato sullo sfondo alcune domande fondamentali: come si giustifica l’esercizio del potere punitivo internazionale? Chi ne è il titolare (...) e in virtù di cosa? Il tribunale del mondo prova a rispondere a queste domande, indagando da una prospettiva filosofico-politico-giuridica la giustificazione del diritto internazionale penale e assumendo come punto di partenza le specificità del contesto internazionale. L’autrice auspica il superamento del diritto internazionale penale a favore di un sistema plurale di risposta alle gravi violazioni dei diritti elementari: un sistema che comprenda anche soluzioni non penali e che in alternativa all’universalismo del diritto penale internazionale offra meccanismi orientati alle esigenze delle comunità coinvolte. (shrink)

This paper proposes some guidelines for the undeveloped discussion of auditory epistemology. Auditory epistemology is an approach concerned with the perceptual basis for knowledge and belief, specifically around audition. The article pursues two goals. Firstly, it claims that addressing auditory perception from the viewpoint of epistemology is more fruitful than the discussion on phenomenology which has thus far dominated the debates in the literature on sound. Secondly, it elaborates a concrete proposal pertaining to the cooperation of sense-modalities. In so doing, (...) a model for “Perceptual Coherence” is suggested. The first section of the paper critically reviews the problem of perception as it is usually understood in traditional epistemology. An ensuing section outlines the model of perceptual coherence. (shrink)

Early Chinese thought enjoys a wide appeal, in the scholarly world as much as elsewhere, as people are keen on learning about the ideas of Confucius, Mencius, and other thinkers whose views have shaped traditional Chinese culture. In the study of early Chinese thought, emphasis has long been on what thinkers said, not on how they proffered their views. Even studies that do consider the how, tend to focus on logic and argumentation, rather than rhetoric. Fortunately, in the past few (...) decades growing attention has been paid to Chinese rhetoric which has led to an impressive number of publications. This work briefly outlines rhetoric in the West and in China. (shrink)

Ezra Pound got many things wrong. He was a poor judge of character and a supporter of causes and individuals that have done and continue to do much harm to people around the world. This book addresses the matters (literary and philosophical) that Pound got right, while still pointing out the flaws; it highlights the impact such evidence may yield for the student of art. -/- The result of my research in the pages that follow may be described as a (...) study in aesthetic affinities between Ezra Pound’s thought and the guiding notions found in the Confucian lore. The question it attempts to exemplify is that long-standing one about the nature of knowledge. -/- The analysis that follows seeks to provide a variety of perspectives (both in terms of disciplines and interpretations) about how Pound created with his writings a metaphor of knowledge to understand, assimilate, and put to use his discovery of the East as represented by the Confucian mind. (shrink)