The overarching theme of causality in behavioral genetics is discussed on epistemological grounds. Evidence is offered in favor of a continuum spectrum in causality, in contrast to discrimination between causal factors and associations. The risk of invalidating exploratory studies in behavior genetics is discussed, especially for the potential impact on those fields of medicine interested in complex behaviors.

This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperatives and, symmetrically, how that impact is to be considered in the application of law. Differences in ways of categorizing the world could position the cultural pre-understanding required by law, and the (...) pluralism recognized and protected by constitutional principles and human/fundamental rights discourse, at a crossroads. Hence, even when we find an illegitimacy or an ignorance about what legal rules do not explicitly state but instead implicitly presuppose, this does not exclude that behind that ignorance there may be something worthy of legal protection. A question emerges: is it legitimate and reasonable to consider the ignorantia facti resulting from differing ways of categorizing the factual world as automatically and uncritically subject to the principle ignoratia legis non excusat? The essay continues with an assessment of the possible consequences of ignorantia facti in the administration of justice in multicultural societies and migration contexts. For this purpose, the opportunity for an intercultural use of law—including within national law—will be considered as a means of avoiding the discriminatory application of ignorantia facti. This topic will be addressed by leveraging both semiotic and cultural-anthropological analytical tools, including the well-known greimasien “contrat de véridiction”. (shrink)

The many constraints of outer space experience challenge the human ability to coexist. Paradoxically, astronauts assert that on the international space station there are no conflicts or, at least, that they are able to manage their differences, behavioral as well as cognitive, in full respect of human rights and the imperatives of cooperative living. The question is: Why? Why in those difficult, a-terrestrial, and therefore almost unnatural conditions do human beings seem to be able to peacefully and collaboratively live together? (...) What is there beyond terrestrial boundary conditions that allows for such a result? And what can we learn from the astronauts’ experience about the effectiveness of human rights on Earth? My proposal is that the a-terrestrial dimension deeply alters the mind/body indexical framework and, in this way, disentangles the human inclination to semiosis from the cognitive and behavioral habits of categorization and territorialization inherent in the experience on Earth. If analyzed through the spectrum of an interdisciplinary approach involving anthropology, semiology, law, and human geography, I think that outer space enterprises can offer many insights into the cognitive and ethical/political hindrances to the effectiveness of human rights and their intercultural uses. Meanwhile the compulsive greed for a possessive territorialization of outer space and celestial bodies is growing by leaps and bounds. It haunts and imbues both astropolitics and space law. The astronauts’ semio-anthropological experience of human rights and cooperative coexistence seems to have been left in orbit. The future requires awareness and action by anthropologists, semioticians, cognitive scientists, geographers and lawyers, working all together in an interdisciplinary effort to move beyond approaching the experiential with a territorial mindset. The hope is that the “dark dream” of human exploitation/colonization of outer space will not turn from a political and legal speculation into a future reality. (shrink)

This essay, between serious and facetious, addresses an apparently secondary implication of the planetary tragedy produced by Covid-19. It coincides with the ‘problem of the veil,’ a bone of contention in Islam/West relationships. More specifically, it will address the question of why the pandemic has changed the proxemics of public spaces and the grammar of ‘living together.’ For some time—and it is not possible to foresee how much—in many countries people cannot go out, or enter any public places, without wearing (...) a sanitary mask. In short, almost all of us, by obligation or by urgent advice from the public authorities of the various countries, will not live the public sphere with our faces uncovered. The alteration of the social context affecting many Western countries will inevitably involve also the ‘local’ perception of the Islamic veil and—as a matter of equality—the consistency of the prohibition of wearing it. What will thus become of the ban on wearing it in public places established by some countries such as France and asseverated by the ECHR? If everyone can and will have to go around with their faces covered, why should only Islamic women be discriminated against? Will not the change in boundary conditions produced by Covid-19 also induce Western people to re-categorize the meaning of the veil? And will this re-categorization not directly affect the ‘fact’ of wearing the veil, that is, its empirical perception? And still, will this psycho-semantic change not show how empirical perceptions are cultural constructs rather than ‘objective facts,’ as such allegedly independent from the observer’s point of view? Consequentially, will the plurality of perceptions and cultural meanings related to the gesture of covering one’s own face not gain renewed relevance in determining the legitimacy of wearing the veil? The socio-semantic earthquake produced by Covid-19 compels us to rethink this and other issues orbiting around the translation of ‘facts’ into legal language; furthermore, it highlights the instrumentality of many ideological/partisan and ethnocentric assumptions passed off as objectivity regarding those alleged ‘facts.’ The essay will attempt to provide an answer to the above questions by proposing a semiotic-legal approach to intercultural conflicts and, indirectly, the pluralism in law. (shrink)

Recently the CJEU decision in the case of ‘Ewa Glawischnig-Piesczek v. Facebook Ireland Limited’ has raised the issue of the transcultural/trans-territorial signification of hate speech and hate crimes. Taking a cue from this decision and the related semiotic/legal implications, the paper proposes an analysis of the semio/pragmatic conditions for the production of performativity inherent in hate speech across different cultural universes of discourse. Given that web-based digital communication is global—at least, potentially—regardless of any spatial/political compartmentalization, it crosses different semio-cultural circuits. (...) This trans-spatiality implies transcultural crossings that can multiply and even transfigure the semantic implications of the original signifier and the related prognoses of ‘semantic effectiveness.’ Cultural boundaries therefore may function as a kind of ‘horizon of events’ for hate speech and, more inclusively, all linguistic acts and their legal signification/classification. The question then arises regarding whether and to what extent the performativity of hate speech is able to withstand the variation of cultural boundary conditions. Insofar as cultures are universes of experience, the issue to be investigated broadens, and ends up invoking the question of whether or not the production of performativity implicitly presupposes and tacitly epitomizes the semio-pragmatic implications/consequences (or, in Peircean terms, ‘bearings’) coextensive with cultural universes of experience. Were this the case, it would seem to call into question the very possibility of ‘making things only with words,’ or more explicitly, the alleged meaning of ‘linguistic acts.’. (shrink)

The Bible recounts that in Eden, Adam gives names to all the animals. But those names are not only representations of the animals’ nature, rather they shape and constitute it. The naming by Adam contains in itself the divide between the human and non-human. Then, there is the Fall: Adam falls and forgets Being. Though he may still remember the names he gave to the animals in Eden, he is no longer sure about their meaning. Adam will have to try (...) to remember his own intentions. Through this effort he can also become aware of how he thinks, who he is, and what was the natural order he knew before the Fall. Medieval bestiaries tell us this story. Bestiaries are works of word play populated by animal figures. They depend on back-and-forth anthropomorphization, or circular metaphor. Animal figures are portrayed as both a mirror of human nature and a window on it. Bestiaries served as means for the moral education of human beings and, at the same time, a way to criticize the current state of humanity, including political and ethical habits. Within the moral irony of medieval bestiaries we can find the origin of the invented nature that modernity will try, subsequently, to insert into natural rights discourse through the teleological oxymoron of their naturalized and naturalizing counter-factuality. I will propose a historical-semiotic journey through the ironic representations of the human-beasts from the ancient world to contemporaneity. The proposal resulting from this cultural excursion is that the words included in the many national and international Rights declarations operate much like the names Adam gave to the animals and still more as they were re-read in medieval bestiaries, both textual and musical. So, can the words of Rights still serve as musical scores, open to an infinite play of re-signification? If we were able to overcome the modern culture/nature and human being/animal dualisms, we could cast, today as in the past, a zoological gaze on human rights by means of contemporary bestiaries and, in this way, perhaps find the gist of rights’ names and our ever regained and ever lost again humanity. (shrink)

Exploring informal components of clinical reasoning, we argue that they need to be understood via the analysis of professional wisdom. Wise decisions are needed where action or insight is vital, but neither everyday nor expert knowledge provides solutions. Wisdom combines experiential, intellectual, ethical, emotional and practical capacities; we contend that it is also more strongly social than is usually appreciated. But many accounts of reasoning specifically rule out such features as irrational. Seeking to illuminate how wisdom operates, we therefore build (...) on Aristotle’s work on informal reasoning. His account of rhetorical communication shows how non-formal components can play active parts in reasoning, retaining, or even enhancing its reasonableness. We extend this account, applying it to forms of healthcare-related reasoning which are characterised by the need for wise decision-making. We then go on to explore some of what clinical wise reasoning may mean, concluding with a case taken from psychotherapeutic practice. (shrink)

This essay focuses on the impossibility of considering food as ‘a thing.’ It addresses the legal profiles of food from an interdisciplinary perspective by treating the production, signification and consumption of food as semio-spatial categories. The argument starts from the foundational premise that the dynamics of food, as a magmatic flow, comprehensively connect and transform all human activities and ecological aspects of life. Like a stream of radial projections in a mass of fluid, food functions as a semiotic membrane, embodying (...) the fundamental relationality of each human body to the whole globe. The main implication subsequently drawn from this view of ‘food’ is that to eat is always and everywhere to incorporate the entire world. Since food is the epitome of the space and time proactively and enactively involved in its production, in terms of both human activities and natural resources, by the mere fact of eating no human being can avoid recognizing themselves as a space–time cannibal. The consequences of this conclusion for food justice and its spatial dynamics are enormous, and even more so in light of the current ecological crisis. The essay thus critiques many categories related to the food politics of the ecological footprint, including sustainability, bio-diversity, food systems, and the circularity of food and resources. One proposed alternative offered is a chorological reading of human rights and their possible use as semantic-spatial transducers of the activities and phenomena inherent in the ‘food-as-omnilateral-relationship.’ The dynamic and transformative relationship between space, human rights and ecological change emerges clearly. Human action, and thus law are, then, constitutive ‘ingredients’ of food, which comes to the fore as a ubiquitous icon of the interpenetrative relationship between humanity and the becoming of the Earth; being and becoming blur. In the same vein, spaces and actions, facts and values are transformed into moving elements of an overall evolving situation that makes each a means of the other and thereby a generative factor of its significance. (shrink)

This book treats practical and political reasoning as an active engagement with the world and other people; it cannot be understood as exclusively cognitive and this is seen as a virtue rather than a deficiency. Informal, emotional, characterological, aesthetic and interactional aspects of thought can be constituents of reasonable arguing. The work examines key capacities connected with argumentation, in a variety of fields from professional and medical ethics to work organization and the practice of art.

In this essay both the facts/values and facticity/normativity divides are considered from the perspective of global semiotics and with specific regard to the relationships between legal meaning and spatial scope of law’s experience. Through an examination of the inner and genetic projective significance of categorization, I will analyze the semantic dynamics of the descriptive parts comprising legal sentences in order to show the intermingling of factual and axiological/teleological categorizations in the unfolding of legal experience. Subsequently, I will emphasize the translational (...) and enactive cognitive disposition underlying the construction of the second premise of the so-called judiciary syllogism and thereby the untenability of the idea that ‘law makes its facts.’ Hence, I will try to bring to the fore the cultural pre-assumptions encapsulated in the positivistic and therefore also formalistic or analytical approaches to legal experience and the loss of their inner consistency when legal experience confronts the phases and major changes of global semiotics. Finally, I will strive to relativize the opposition between the positivist and non-positivistic theories of law in view of an understanding of legal experience focused not only, or at least not primarily, on what ‘law is’ but also on ‘how’ it unwinds through, and _in spite of_, environmental and semantic transformations. (shrink)

Este artículo propone un diálogo entre Norbert Lechner y José Aricó a partir del diagnóstico del primero, a fines de la década del ochenta, respecto a los ejes articuladores del debate latinoamericano entre los años sesenta y los ochenta: revolución y democracia. Se propone una discusión del esquema de Lechner a partir de intervenciones de Aricó en el período, postulando cierta continuidad en el pensamiento de Aricó entre revolución y democracia: el concepto de una democracia social avanzada y la interrogación (...) en torno al sujeto de transformación de nuestras sociedades recorre diferentes etapas de las intervenciones del cordobés, aún cuando se modifican sensiblemente las gramáticas de su producción discursiva. This paper proposes a dialogue between Norbert Lechner and José Aricó from a diagnosis of the first, in the late eighties, about the pivotal elements of Latin American debate between the sixties and eighties: revolution and democracy. We propose a discussion over a Lechner scheme, from Aricó interventions in this period, postulating some continuity in the thinking of Aricó between revolution and democracy: the concept of advanced social democracy and the question about the subject of transformation of our societies goes through different stages in his interventions, even when significantly altered the discursive production grammars. (shrink)

Reasoning and judgement in health care entail complex responses to problems whose demands typically derive from several areas of specialism at once. We argue that current evidence- or value-based models of health care reasoning, despite their virtues, are insufficient to account for responses to such problems exhaustively. At the same time, we offer reasons for contending that health professionals in fact engage in forms of reasoning of a kind described for millennia under the concept of wisdom. Wisdom traditions refer to (...) forms of deliberation which combine knowledge, reflection and life experience with social, emotional and ethical capacities. Wisdom is key in dealing with problems which are vital to human affairs but lack prescribed solutions. Uncertainty and fluidity must be tolerated in seeking to resolve them. We illustrate the application of wisdom using cases in psychiatry, where non-technical aspects of problems are often prominent and require more systematic analysis than conventional approaches offer, but we argue that our thesis applies throughout the health care field. We argue for the relevance of a threefold model of reasoning to modern health care situations in which multifaceted teamwork and complex settings demand wise judgement. A model based on practical wisdom highlights a triadic process with features activating capacities of the self, other and aspects of the problem itself. Such a framework could be used to develop current approaches to health care based on case review and experiential learning. (shrink)

Recently the complexity of discursive practices has been widely acknowledged by the humanities and social sciences. In fact, to know anything is to know in terms of one or more discourse. The "discursive turn" in psychology may be considered as a new paradigm oriented to a correct study of (wo)man only if it is able to grasp the semiotical ground of psychic experience both as an "effort after meaning" and as a "struggle over meaning." In this sense the notion of (...) "diatext" has been proposed as a contribution in working out a psychosemiotical approach to understand how the discursive practices assign subject-positions to the agents of each interlocution scenario. (shrink)

Los cambios en los procesos de producción del derecho y la modificación estructural del sistema de fuentes ponen en tela de juicio el modelo de derecho diseñado por el positivismo jurídico del XIX, basado en el monopolio legislativo en la creación del derecho y en la consideración de proceso de aplicación del derecho como un procedimiento de subsunción formal. En ese nuevo escenario, el momento aplicativo y hermenéutico del derecho adquieren un protagonismo central. En las nuevas y complejas funciones que (...) asume el intérprete del derecho para tratar de recomponer la unidad y la coherencia de los ordenamientos jurídicos complejos, faltos de plenitud y fragmentados, la recuperación del rol normativo autónomo de los principios jurídicos se convierte en una exigencia imprescindible. El autor ilustra ese renovado papel de los principios con ejemplos del derecho constitucional, el derecho tributario y el derecho procesal civil. (shrink)

This is a Polish translation of a fragment of Institutiones Philosophicae ad usum studiosorum Academiae Polocensis by Giuseppe Angiolini S.J. It corresponds to an article, entitled On Being, its Essence and Existence. The original Latin text is also included in the article.