La catégorie moderne de la légalité vit depuis longtemps une profonde crise d'identité. Selon l'auteur, il ne s'agit pas simplement d'une crise d'effectivité, mais d'une crise bien plus profonde, qui ne se manifeste pas seulement par la dissiciation du modèle de la réalité, mais qui bouleverse le modèle théorique lui-même, signe d'une crise encore plus radicale qui concerne tout le paradigme juridique au sein duquel elle a été conçue.00Après avoir tracé les contours de ce paradigme et mis en lumière l'aporie (...) du princpe moderne d'égalité, l'Auteur nous montre, en s'appuyant sur la révolution constitutionnelle de l'après seconde guerre mondiale et en faisant le détour par les territoires du droit européen, que ceux qui semblent être des chemins interrompus de la légalité s'avèrent être, en réalité, les chemins encore peu explorés d'une nouvelle légalité dont il brosse le portrait. (shrink)

Depuis Droit, mythe et raison (1980) écrit avec Jacques Lenoble jusqu’aux récents À quoi sert le droit? Usages, fonctions et finalités (2016) ou Le droit, objet de passions (2018), François Ost ne cesse de questionner les rapports de nos sociétés au droit et la place de celui-ci dans nos sociétés contemporaines. Avec Le droit malgré tout, il s’agit de rendre hommage à l’œuvre et à la carrière d’une figure centrale de la théorie du droit contemporaine et aussi au fondateur, avec (...) le regretté Michel van de Kerchove, de ce que l’on appelle parfois « l’école de Saint-Louis ». Abordant les deux pôles de la dialectique à laquelle François Ost est si attaché - la critique et la reconstruction -, l’ouvrage propose un regard interdisciplinaire sur le droit, à travers les principaux thèmes qui ont nourri la pensée de l’auteur. Du statut épistémologique de la science du droit à un questionnement sur les fondements et l’avenir du droit et de la justice, des liens qu’entretiennent le droit et la littérature jusqu’à l’environnement saisi par le droit en passant par les « communs », les approches de ses collègues et amis sont toutes réflexives et critiques. En ce qu’elles sont soucieuses de soumettre le droit au regard des sciences sociales et, inversement, les normativités extra-juridiques au regard du droit, elles sont fidèles à la démarche de François Ost. Ce Liber Amicorum propose aussi un retour réflexif sur son œuvre par l’auteur lui-même, dans un entretien avec Manuel Atienza. Contributeurs : Yves CARTUYVELS, Robert JACOB, Mark VAN HOECKE, Jacques COMMAILLE, Isabelle HACHEZ, Laurent VAN EYNDE, Jacques LENOBLE, Benoit FRYDMAN, Alain PAPAUX, Guillaume DE STEXHE, Diane BERNARD, Antoine GARAPON, Jacques CHEVALLIER, Alain SUPIOT, Paul MARTENS, Jérémie VAN MEERBEECK, Sébastien VAN DROOGHENBROECK, Nicolas BERNARD et Françoise TULKENS, Pierre LEGRAND, Annette RUELLE, Isabelle OST, Jeanne GAAKEER, Massimo VOGLIOTTI, Denis SALAS, Pauline BÉGASSE DE DHAEM et Marie-Sophie DE CLIPPELE, Xavier DELGRANGE, Delphine MISONNE, Benoît JADOT, Alain STROWEL, Hugues DUMONT, Jean-Guy BELLEY, Antoine BAILLEU. (shrink)

Discussions about the biological bases (or lack thereof) of the concept of race in the human species seem to be never ending. One of the latest rounds is represented by a paper by Neven Sesardic, which attempts to build a strong scientific case for the existence of human races, based on genetic, morphometric and behavioral characteristics, as well as on a thorough critique of opposing positions. In this paper I show that Sesardic’s critique falls far short of the goal, and (...) that his positive case is exceedingly thin. I do this through a combination of analysis of the actual scientific findings invoked by Sesardic and of some philo- sophical unpacking of his conceptual analysis, drawing on a dual professional background as an evolu- tionary biologist and a philosopher of science. (shrink)

Philosophy has been a public endeavor since its origins in ancient Greece, India, and China. However, recent years have seen the development of a new type of public philosophy conducted by both academics and non- professionals. The new public philosophy manifests itself in a range of modalities, from the publication of magazines and books for the general public to a variety of initiatives that exploit the power and flexibility of social networks and new media. In this paper we examine the (...) phenomenon of public philosophy in its several facets, and investigate whether and in what sense it is itself a mix of philosophical practice and teaching. We conclude with a number of suggestions to academic colleagues on why and how to foster further growth of public philosophy for the benefit of society at large and of the discipline itself. (shrink)

Phenotypic plasticity integrates the insights of ecological genetics, developmental biology, and evolutionary theory. Plasticity research asks foundational questions about how living organisms are capable of variation in their genetic makeup and in their responses to environmental factors. For instance, how do novel adaptive phenotypes originate? How do organisms detect and respond to stressful environments? What is the balance between genetic or natural constraints (such as gravity) and natural selection? The author begins by defining phenotypic plasticity and detailing its history, including (...) important experiments and methods of statistical and graphical analysis. He then provides extended examples of the molecular basis of plasticity, the plasticity of development, the ecology of plastic responses, and the role of costs and constraints in the evolution of plasticity. A brief epilogue looks at how plasticity studies shed light on the nature/nurture debate in the popular media. (shrink)

Are science and religion compatible when it comes to understanding cosmology (the origin of the universe), biology (the origin of life and of the human species), ethics, and the human mind (minds, brains, souls, and free will)? Do science and religion occupy non-overlapping magisteria? Is Intelligent Design a scientific theory? How do the various faith traditions view the relationship between science and religion? What, if any, are the limits of scientific explanation? What are the most important open questions, problems, or (...) challenges confronting the relationship between science and religion, and what are the prospects for progress? These and other questions are explored in Science and Religion: 5 Questions--a collection of thirty-three interviews based on 5 questions presented to some of the world's most influential and prominent philosophers, scientists, theologians, apologists, and atheists. Contributions by Simon Blackburn, Susan Blackmore, Sean Carroll, William Lane Craig, William Dembski, Daniel C. Dennett, George F.R. Ellis, Owen Flanagan, Owen Gingerich, Rebecca Newberger Goldstein, John F. Haught, Muzaffar Iqbal, Lawrence Krauss, Colin McGinn, Alister McGrath, Mary Midgley, Seyyed Hossein Nasr, Timothy O'Connor, Massimo Pigliucci, John Polkinghorne, James Randi, Alex Rosenberg, Michael Ruse, Robert John Russell, John Searle, Michael Shermer, Victor J. Stenger, Robert Thurman, Michael Tooley, Charles Townes, Peter van Inwagen, Keith Ward, Rabbi David Wolpe. (shrink)

Mayr’s proximate–ultimate distinction has received renewed interest in recent years. Here we discuss its role in arguments about the relevance of developmental to evolutionary biology. We show that two recent critiques of the proximate–ultimate distinction fail to explain why developmental processes in particular should be of interest to evolutionary biologists. We trace these failures to a common problem: both critiques take the proximate–ultimate distinction to neglect specific causal interactions in nature. We argue that this is implausible, and that the distinction (...) should instead be understood in the context of explanatory abstractions in complete causal models of evolutionary change. Once the debate is reframed in this way, the proximate–ultimate distinction’s role in arguments against the theoretical significance of evo-devo is seen to rely on a generally implicit premise: that the variation produced by development is abundant, small and undirected. We show that a “lean version” of the proximate–ultimate distinction can be maintained even when this isotropy assumption does not hold. Finally, we connect these considerations to biological practice. We show that the investigation of developmental constraints in evolutionary transitions has long relied on a methodology which foregrounds the explanatory role of developmental processes. It is, however, entirely compatible with the lean version of the proximate–ultimate distinction. (shrink)

Pseudoscience and the Demarcation Problem The demarcation problem in philosophy of science refers to the question of how to meaningfully and reliably separate science from pseudoscience. Both the terms “science” and “pseudoscience” are notoriously difficult to define precisely, except in terms of family resemblance. The demarcation problem has a long history, tracing back at the … Continue reading Pseudoscience and the Demarcation Problem →.

Victor Stenger (this issue) has responded to my recent criticism of the so-called New Athe- ism movement (2013). Here I endeavor to counter Stenger’s note and highlight several of the ways in which it goes astray. To begin with, however, let me summarize the main points of my earlier paper.

Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open up (...) a more liberal, and also somehow less parochial and ideological, road for legal theory. This is – it is argued in the paper – the programme, or better, the promise we can find in Herbert Hart’s main work, The Concept of Law. The article tries to render this promise more transparent while, nonetheless, not eschewing the blind sides of its narrative and argumentative strategy. (shrink)

Musings and observations of a scientist turned philosopher.

Will the scientific quest ever end? Will it be with a bang or with a whisper?

In 2006, acclaimed Italian film director Nanni Moretti released Il caimano [“the Caiman”], a surreal depiction of Silvio Berlusconi’s career as controversial businessman and politician. In one of the last sequences, an indicted Berlusconi leaves the courthouse of Milan, while his supporters besiege its premises and set them on fire. Admired for his capacity of prophetically foreseeing the developments of Italian society, Nanni Moretti’s apocalyptic vision was confirmed by reality on March 11, 2013, when a group of deputes and senators (...) from PDL, Silvio Berlusconi’s political party, ‘besieged’ the courthouse of Milan in order to interfere with the new trials the political leader was involved in: an affair of prostitution of minors, known as “the Ruby case”, and the alleged corruption of a senator. Since when Silvio Berlusconi has been the center of the Italian both political and juridical arena, and with the increasing representation of his trials in Italian and international media, the courthouses of such trials, and particularly that of Milan, have turned more and more into the theater of a socio-political showdown, in which what matters though is not only what takes place in the Court, but also, and perhaps even more, what happens in the area surrounding its premises. Here pro- and -anti Berlusconi partisans have gathered daily in order to manifest their stand to both the citizenry and the media; here media professionals have been stationed 24/7, waiting for the next scandal; and here a dramatic battle line between the political power and the juridical one inexorably materializes with all the violent evidence of its proxemics. The essay analyzes through semiotics a series of verbal and especially visual texts representing the courthouses of Silvio Berlusconi’s trials, with the goal of understanding what this imagery reveals of the current trends of Italian socio-political and juridical arena. More broadly, the essay compares this case study with other instances of courthouses besieged by crowds, so as to semiotically seize the delicate equilibrium of the judiciary proxemics between totalitarian and populist ideologies of law. (shrink)

Recent debates between proponents of the modern evolutionary synthesis (the standard model in evolutionary biology) and those of a possible extended synthesis are a good example of the fascinating tangle among empirical, theoretical, and conceptual or philosophical matters that is the practice of evolutionary biology. In this essay, we briefly discuss two case studies from this debate, highlighting the relevance of philosophical thinking to evolutionary biologists in the hope of spurring further constructive cross-pollination between the two fields.

This chapter sets aside the question of whether a Singularity will occur, to focus on the closely related issue of MU, specifically as presented by one of its most articulate proponents, David Chalmers. The fundamental premise of Chalmers' arguments about MU is some strong version of the Computational Theory of Mind (CTM). The chapter proceeds in the following fashion: first, it recalls Chalmers' main arguments; second, it argues that the ideas of MU and CTM do not take seriously enough the (...) fact that consciousness is a biological phenomenon, as pointed out in different contexts by both John Searle and Jerry Fodor, among others; third, it stipulates for the sake of argument that MU is somehow possible, and show that it would, at best, amount to a sort of mind cloning, but most certainly not to a preservation of anyone's consciousness in a medium different from one's own brain. (shrink)

I submit that philosophy makes progress, but it does so in a way that is distinct from the sense in which the word applies to science, and is more akin to what happens in allied fields such as mathematics and logic. I develop a model of philosophy as “evoking” (to use L. Smolin's term) a series of peaks in conceptually defined but empirically constrained, landscapes, or what N. Rescher calls “aporetic clusters.” I also discuss empirical evidence for the existence of (...) such clusters, following a statistical survey of philosophers’ views about their own field, carried out by D. Bourget and D.J. Chalmers. (shrink)

As the subtitle reveals, this is a book devoted to one of the most distinguished philosophers of our time, Robert Brandom, a thinker whose importance for the debate on topics such as meaning, truth, rationality, objectivity, agreement, holism, compositionality – to name just a few of them – is hardly deniable. Thousands among articles and books have been dedicated in the last two decades to the evaluation of Brandom’s thought, but still considerably few are the works in the Italian panorama (...) d... (shrink)

We find a short way to construct a formula which axiomatizes a given finite frame of the modal logicK, in the sense that for each finite frameA, we construct a formula A which holds in those and only those frames in which every formula true inA holds.To obtain this result we find, for each finite model and each natural numbern, a formula which holds in those and only those models in which every formula true in , and involving the firstn (...) propositional letters, holds. (shrink)

This paper is about the development of a face-to-face collaborative technology to support shifting attitudes of participants in conflict via a narration task. The work is based on two cultural elements: conflict resolution theory and the design of a collaboration enforcing interface designed specifically for the task. The general claim is that participants may achieve a greater understanding of and appreciation for the other’s viewpoint under conditions that support partaking in a tangible joint task and creating a shared narration. Specifically, (...) a co-located interface for producing a joint narration as a tool for favoring reconciliation is presented and discussed. The process based on this technology implicitly includes classical steps in conflict resolution approaches, such as escalation and de-escalation. Our goal is to show that this interface is effective and constitutes an alternative to a typical face-to-face moderated discussion. (shrink)

”The last remnant of physical objectivity of space-time” is disclosed in the case of a continuous family of spatially non-compact models of general relativity. The physical individuation of point-events is furnished by the autonomous degrees of freedom of the gravitational field, which represent -as it were -the ontic part of the metric field. The physical role of the epistemic part is likewise clarified as embodying the unavoidable non-inertial aspects of GR. At the end the philosophical import of the Hole Argument (...) is substantially weakened and in fact the Argument itself dis-solved, while a specific four-dimensional holistic and structuralist view of space-time emerges, including elements common to the tradition of both substantivalism and relationism. The observables of our models undergo real temporal change: this gives new evidence to the fact that statements like the frozen-time character of evolution, as other ontological claims about GR, are model dependent. (shrink)

After the Maastricht and Amsterdam Conferences the European Union can no longer be conceived as an intergovernmental arrangement: It is a polity founded on an “overlapping consensus.” Consequently, to reconstruct the relations between national and Community law, legal monism does not work, neither in its statist, nor in its international version: Legal pluralism is needed, not in a sociological‐descriptive sense, but as a normative criterion by which a judge (and a citizen) must refer to many and various sources of law (...) to settle a dispute. Legal pluralism, however, can operate only under a rule of recognition: a common normative framework within which a reasonable number of sources can be handled. What Europe needs, therefore, is an interactionist constitution, which should emerge through an “open‐ended”discursive process. (shrink)

Il presente articolo intende riflettere su come l’analogia sia intesa e trattata dalla classe di metodi formali di trattamento dell’informazione che si occupano di analizzare il testo scritto. In particolare, si considera come si possano costruire macchine che “comprendono” le analogie. A tal fine ci si avvarrà di esemplificazioni tratte dal _De Civitate Dei_ di Agostino d’Ippona. Le prime indagini compiute su tale corpus, seppure limitato, conducono a riflettere sulla portata teorica e storiografica del trattamento automatico dell’analogia anche nel formulare (...) o avvalorare ipotesi interpretative. _This article aims to reflect on how analogy is understood and treated by the class of formal information processing methods that deal with analysing written text. In particular, we consider how machines that ‘understand’ analogies can be constructed. For this purpose, exemplifications from Augustine of Hippo’s _De Civitate Dei _will be used. The initial investigations carried out on this corpus, albeit limited, lead one to reflect on the theoretical and historiographical significance of the automatic treatment of analogy also in formulating or supporting interpretative hypotheses._. (shrink)

"The last remnant of physical objectivity of space-time" is disclosed, beyond the Leibniz equivalence, in the case of a continuous family of spatially non-compact models of general relativity. The physical individuation of point-events is furnished by the intrinsic degrees of freedom of the gravitational field, (viz, the "Dirac observables") that represent - as it were - the "ontic" part of the metric field. The physical role of the "epistemic" part (viz. the "gauge" variables) is likewise clarified. At the end, a (...) peculiar four-dimensional "holistic and structuralist" view of space-time emerges which includes elements common to the tradition of both substantivalism and relationism. The observables of our models undergo real "temporal change" and thereby provide a counter-example to the thesis of the "frozen-time" picture of evolution. (shrink)

This issue of Itinera aims to address the connections between architecture and the performing arts in its various aspects and from multiple points of view. The growing emphasis on the performative character of artistic practices, namely, their ability to involve spectators directly and pervasively (Dixon 2007), imbues the relationship between architecture, the performing arts, and the spectator’s experience. The sharing of the scenic space by spectators and performers is essential for the co-production of a common energy which operates as a (...) “transforming force” and thereby opens up the shared experience of discovering oneself and the other as a union of the body and the mind (Fischer-Lichte 2004). (shrink)

What is the purpose of philosophy of science? Here are some answers.