Principi e ordinamento romano : una riflessione sulle orme di Fritz Schulz -- Homo liber e homo sacer : due archetipi dell'appartenenza -- L'humanitas tra diritto romano e totalitarismo hitleriano -- Sull'eccezione di dolo generale -- L'arbitraggio sul prezzo -- Diritto romano e scienza del diritto -- Roma e i suoi giuristi nel pensiero di Nicolás Gómez Dávila -- Tradizione e misura umana del diritto: considerazioni sulla figura del giurista a partire da Giuseppe Grosso.

While the existence of human cognitive and behavioral diversity is now widely recognized, it is not yet well established how to explain this diversity. In particular, it is still unclear how to determine whether any given instance of human cognitive and behavioral diversity is due to a common psychology that is merely “triggered” differently in different bio-cultural environments, or whether it is due to deeply and fundamentally different psychologies. This paper suggests that, to answer this question, we need to employ (...) subtle theoretical considerations of theory choice—especially the consideration of the complexity-weighted differential predictive successes of the two accounts. To make this clearer, the paper develops a novel analysis of the observed differences in human sharing dispositions. (shrink)

In 1905 two different etiologic agents for syphilis were proposed in Berlin, one, the Cytorrhyctes luis, by John Siegel, the other, Spirochaete pallida, by Fritz Schaudinn. Both scientists were pupils of Franz Eilhard Schulze, and were outsiders to the Berlin medical establishment. Both belonged to the same thought collective, used the same thought style, and started from the same supposition that the etiologic agent of syphilis must be a protist. Both used the same morphological approach, the same microscopes and (...) the same stains. Both presented their findings in the same societies, used the same rhetoric, published in the same journals, used the same arguments to criticise each other's shortcomings. Both were backed by powerful institutions and enlisted the support of prestigious patrons. Within half a year, the scientific community at large had in its overwhelming majority accepted Schaudinn's results and rejected those of Siegel. Social forces thus cannot be shown to have played any role in deciding the issue. Ludwik Fleck's suggestion that 'appropriate influence' and a 'proper measure of publicity throughout the thought collective' would have been sufficient for Siegel's ideas to win the day is untenable. (shrink)

We argue that the robustness analysis of idealized models can have confirmational power. This responds to concerns recently raised in the literature, according to which the robustness analysis of models whose idealizations are not discharged is unable to confirm the causal mechanisms underlying these models, and the robustness analysis of models whose idealizations are discharged is unnecessary. In response, we make clear that, where idealizations sweep out, in a specific way, the space of possibilities— which is sometimes, though not always, (...) the case—they can be holistically discharged. In turn, this can be used to show that the robustness analysis of idealized models can have confirmational force after all. (shrink)

This article explores the connection between two theses: the principle of conditional excluded middle for the counterfactual conditional, and the claim that it is a contingent matter which (coarse grained) propositions there are. Both theses enjoy wide support, and have been defended at length by Robert Stalnaker. We will argue that, given plausible background assumptions, these two principles are incompatible, provided that conditional excluded middle is understood in a certain modalized way. We then show that some (although not all) arguments (...) for conditional excluded middle can in fact be extended to motivate this modalized version of the principle. (shrink)

Nanoethics is a contentious field for several reasons. Some believe it should not be recognized as a proper area of study, because they believe that nanotechnology itself is not a true category but rather an amalgamation of other sciences, such as chemistry, physics, and engineering. Critics also allege that nanoethics does not raise any new issues but rather revisits familiar ones such as privacy. This paper answers such criticisms and sets the context for the papers that follow in this nanoethics (...) symposium. (shrink)

This article points out, descriptive moral psychology of human behavior patterns in the handling, in fact, from the outset exceed the boundaries of philosophy, and Cole tried to resort to ethics Fort formalism in order to avoid this problem in practice, can not be established. • Henry Rachael is further motivation for ethical behavior and the psychological concept of Cole Castle together. Although this is certainly an important contribution to the Fort Cole, but Cole Fort critical reflection on the lack (...) of methodology adopted only; secondly that the ideology behind their psychological factors; finally made ​​sense to remedy in the treatment program: to give up on life and psychological describe their condition or results of work. Authors propose a new proposal of psychology, first identified the relationship between psychologists and their research object, this object is, as the subject of people; secondly, from the possibility of speech. Description, either by himself or a third person described in the description, will be replaced by speech interaction. Authors proposed the concept of an interactive framework of doctrine, in which Cole and Rachael • Fort Henry's theory of language games can get a different position. This article attempts to demonstrate that the descriptive psychology, in its treatment of ethical problems, seems to have transgressed the boundary line against philosophy. This problematic situation cannot be circumvented by resorting to an ethical formalism-as L. Kohlberg does in his research program. Rachael M. Henry pushes one step forward to tie the psychodynamic aspect of moral behavior with Kohlberg's concept. The present author, all in affirming the important contribution of Kohlberg to psychology, indicates the insufficiency of a mere reflection of methods in Kohlberg's works. Then he dissects the ideologemes behind Kohlberg's psychology. At last he suggests a therapeutic proposal: the demand for describing psychic life, its conditions or effects, shall be dropped. The author proposes instead a program of new psychology that derives first from the relation of psychologist to his object, the human as subject; and second, from the possibilities of speech in communicative interaction. Description, whether made by oneself or by a third person, shall be substituted by speech interactions. These interactions are considered as successful when the partners in a discussion declare themselves to be understood. Within the framework of this interactionist concept, Kohlberg's and Rachael M. Henry 's theories could assume the status of various language-games. (shrink)

Landgrebe and Smith provide an argument for the impossibility of Artificial General Intelligence based on the limits of simulating complex systems. However, their argument presupposes a very contemporary vision of artificial intelligence as a model trained on data to produce an algorithm executable in a modern digital computing system. The present contribution explores what it means to be artificial. Current artificial intelligence approaches on modern computing systems are not the only conceivable way in which artificial intelligence technology might be created. (...) If there are conceivable routes by which an artificial intelligence might be developed that are not constrained in the same way as the current generation of artificial neural networks, then these might be plausible routes towards the engineered generation of artificial general intelligence that are not precluded by the Landgrebe and Smith argument against the possibility of artificial general intelligence. (shrink)

Interest in NFIB v. Sebelius has been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Court’s grant of certiorari, and the decision itself, both for its substantive holdings and the purported behind-the-scene dynamics. Legal blogs exploded with analysis, bioethicists opined on our collective responsibilities, and philosophers tackled concepts like ‘coercion’ and the activity/inactivity distinction. This volume aims to bring together scholars from disparate fields to analyze various features of the decision. It comprises (...) over twenty essays from a range of academic disciplines, namely law, philosophy, and political science. Essays are divided into five units: context and history, analyzing the opinions, individual liberty, Medicaid, and future implications. (shrink)

This article examines the relation of empathy and rational judgment. When people observe a conflict most are quick to side with one of the parties. Once a side has been taken, empathy with that party further solidifies this choice. Hence, it will be suggested that empathy is not neutral to judgment and rational decision-making. This does not mean, however, that the one who empathizes will necessarily have made the best choice.

We explore whether a Rawlsian approach might provide a guiding philosophy for the development of a healthcare system, in particular with regard to resolving tensions between different groups within it. We argue that an approach developed from some of Rawls’ principles – using his ‘veil of ignorance’ and both the ‘difference’ and ‘just savings’ principles which it generates – provides a compelling basis for policy making around certain areas of conflict. We ask what policies might be made if those making (...) them did not know if one was patient, doctor, nurse or manager – in this generation or the next. We first offer a brief summary of Rawls’ approach and how we intend to extrapolate from it. We examine how this adapted Rawlsian framework could be applied to specific examples of conflict within healthcare; we demonstrate how this framework can be used to develop a healthcare service which is both sustainable (in its training and treatment of staff, and in encouraging research and innovation) and open (to protect the powers and opportunities of those using the health service). We conclude that while Rawls’ approach has previously been rejected as a means to address specific healthcare decisions, an adapted veil of ignorance can be a useful tool for the consideration of how a just health service should be constructed and sustained. Turning the theoretical into the practical (and combining Rawls’ thought experiment with Scanlonian contractarianism), managers, doctors, patients, carers and nurses could come together and debate conflicting issues behind a hypothetical veil. (shrink)

This paper develops a theory of aesthetic experience from the perspective of the empathetic observer. It suggests that there are some experiences in which empathy and aesthetic experience are indistinguishable. The paper focusses on one of these experiences, namely that of narrative turning points. Empathy involves co-experiencing the situations of others and their emotional states, while aesthetics involves an intense experience from some distance. The two come together when emotions are shared between observer and observed and with some distance. Narratives (...) are one of these forms where sharing and distance can coexist. In particular, narrative turning points involve an intense recursive or oscillating reception structure: Observers who are absorbed by a specific moment imagine and experience alternative developments and alternative versions of the events or take more than one perspective of the moment (as in recognition scenes), thereby mentally looping back and forth. This paper discusses this structure along with its key notions: intensity, narrative empathy, aesthetic experience, empathy triggers, stage effects, and clarity. In diesem Aufsatz wird eine Theorie der Ästhetik ausgehend von der Perspektive des empathischen Beobachters entwickelt. Man könnte von einer Theorie der ästhetischen Anteilnahme sprechen. Die Kernthese des Aufsatzes besteht darin, dass es Erfahrungen gibt, in denen Empathie und ästhetische Erfahrung identisch sind. Eine dieser Erfahrungen steht im Zentrum der Argumentation, nämlich der narrative Wendepunkt. Empathie besteht im Mit-Erleben der Situation eines anderen inklusive der mit ihr verbundenen emotionalen Zustände; ästhetische Erfahrung involviert intensive innere Bewegung bei gleichzeitiger Distanz. Empathie und Ästhetik kommen darin überein, dass Emotionen trotz einer gewissen Distanz von Beobachter und Beobachtetem geteilt werden. Dazu kann es in Narrationen kommen. Narrative Wendepunkte beinhalten eine intensive und rekursive Rückkoppelung oder Oszillation, in denen Beobachter alternative Entwicklungen zu dem gegebenen Augenblick hinzudenken oder mehr als eine Perspektive einnehmen, wie in Wiedererkennungen, und insofern mental hin- und herspringen. Der Aufsatz diskutiert diese Struktur mit ihren Elementen wie Intensität, narrative Empathie, ästhetische Erfahrung, Empathie-Auslöser, Bühnen-Effekte und Klarheit. (shrink)

Tacitus understands himself as a historiographer who writes against forgetting. This essay examines how Tacitus conceives of forgetting and how he depicts processes of forgetting. (1) First I will introduce forgetting as an important research theme in modern memory studies. Research on forgetting can help us to understand transformations in the collective memory of modern and ancient social groups. (2) In Tacitus’ works about Roman imperial history forgetting stands out as a crucial topic. (3) When analysing processes of forgetting in (...) the Annals, the Histories and the Agricola, we can distinguish different forms of forgetting (such as ‘automatic forgetting’ and ‘directed forgetting’) as well as certain methods that Tacitus depicts as supporting or impeding forgetting. I will focus on ‘removing’ as an ambivalent method of forgetting, and on ‘writing’, which is central to Tacitus’ concept of the historiographer. This analysis of Tacitus’ works reveals that his ideas on forgetting are highly relevant to the twenty-first century. Tacitus’ age, like our own, was one of dramatic societal change, in which social frames are transformed, while the objects of collective memory are questioned and reevaluated. (shrink)