The study empirically investigates the relationship between corporate governance and the triple bottom line sustainability performance through the lens of agency theory and stakeholder theory. We claim, in fact, that no single theory fully accounts for all the hypothesised relationships. We measure sustainability performance through manual content analysis on sustainability reports of the US-based companies. The study extends the existing literature by investigating the impact of selected corporate governance mechanisms on each dimension of sustainability performance, as defined by the GRI (...) framework. Our approach allows to identify which governance mechanisms foster triple bottom line performance, also revealing that some mechanisms fit only specific dimension of sustainability. The fact-based findings provide support for a new beginning in the theorising process in which the theories must try not only to provide rationale for the impact of corporate governance on sustainability, but also to explain which dimension of sustainability might be more affected. The most important implication for practitioners is the support for sustainability practices, which may be gained through implementation of particular corporate governance mechanisms. The findings contribute also to the improvement of the ongoing standard setting process, in particular as it concerns the in-depth revision of the economic dimension of sustainability carried out under the new GRI framework. (shrink)

This paper gives an account of dimensions in the reason model found in Horty : 1–33, 2011), Horty and Bench-Capon and Rigoni :133–160, 2015. doi: 10.1007/s10506-015-9166-x). The account is constructed with the purpose of rectifying problems with the approach to incorporating dimensions in Horty, namely, the problems arising from the collapse of the distinction between the reason model and the result model on that approach. Examination of the newly constructed theory revealed that the importance of dimensions in the reason (...) model lies in their ability to establish weighings between reasons/factors of the same polarity. This permits past cases to constrain future cases in ways they could not on the reason model with just factors. The paper then discusses how dimensions might be established from a case base and how dimensions that are incomplete in various aspects might be dealt with in the theory. It closes with comparisons to other work in the literature on AI and Law and suggestions for further improvement of the reason model. (shrink)

Believing in free will may arise from a biological need for control. People induced to disbelieve in free will show impulsive and antisocial tendencies, suggesting a reduction of the willingness to exert self-control. We investigated whether undermining free will affects two aspects of self-control: intentional inhibition and perceived self-control. We exposed participants either to anti-free will or to neutral messages. The two groups then performed a task that required self-control to inhibit a prepotent response. No-free will participants showed less intentional (...) inhibitions than controls, suggesting a reduction of self-control. We assessed perceived self-control by asking participants whether the response resulted from a deliberate intention or from an impulsive reaction. Perceived self-control was lower in the no-free will group than in control group. Our findings show that undermining free will can degrade self-control and provide insights into how disbelieving in free will leads to antisocial tendencies. (shrink)

In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where (...) the two projects interact. (shrink)

This article discusses the desirability and feasibility of modeling precedents with multiple interpretations within factor-based models of precedential constraint. The main idea is that allowing multiple reasonable interpretations of cases and modeling precedential constraint as a function of what all reasonable interpretations compel may be advantageous. The article explains the potential benefits of extending the models in this way with a focus on incorporating a theory of vertical precedent in U.S. federal appellate courts. It also considers the costs of extending (...) the models in this way, such as the significant increase in the functional size of the case base and the need to provide some kind of ordering on interpretations to select a “best” interpretation. Finally, the article suggests partially incorporating multiple interpretations of dimensions as a realistic starting point for incorporating interpretations generally, and shows how doing so can help address difficulties with dimensions. The conclusion remarks on the use of interpretations to deal with inconsistent precedents. (shrink)

Proponents of strict rule-based theories of judicial reasoning in common-law systems have offered a number of criticisms of analogical alternatives. I explain these criticisms and show that at best they apply equally well to rule-based theories. Further, I show how the analogical theories explain a feature of judicial common-law reasoningthat rule-based theories ignore. Finally, I show that reason-based, analogical theories of common-law judicial reasoning, such as those offered by John Horty and Grant Lamond, offer especially strong rejoinders to the rule-theorist (...) objections and persuasive accounts of distinguishing. (shrink)

ABSTRACTLegal reasoning is commonly thought of as being based on either rules or analogies. More specifically, there is ongoing debate regarding whether precedential reasoning is best characterized as rule-based or analogical. This article continues that work by comparing recent and representative approaches from each camp, namely, Stevens's analogical model and the “rule-based” model of Horty and Rigoni. In the course of the comparison improvements on each approach are suggested and the improved models serve as the basis for the ultimate (...) evaluation. The evaluation demonstrates that the “best” approach depends on the goals one has in theorizing legal reasoning as well as the jurisprudential assumptions one is willing to make. (shrink)

It has been claimed that counterpart theory cannot support a theory of actuality without rendering obviously invalid formulas valid or obviously valid formulas invalid. We argue that these claims are not based on logical flaws of counterpart theory itself, but point to the lack of appropriate devices in first-order logic for “remembering” the values of variables. We formulate a mildly dynamic version of first-order logic with appropriate memory devices and show how to base a version of counterpart theory with actuality (...) on this. This theory is, in special cases, equivalent to modal first-order logic with actuality, and apparently does not suffer from the logical flaws that have been mentioned in the literature. (shrink)

The problem of free will is among the most fascinating and disputed questions throughout the history of philosophy and psychology. Traditionally limited to philosophical and theological debate, in the last decades it has become a matter of scientific investigation. The theoretical and methodological advances in neuroscience allowed very complex psychological functions related to free will (conscious intentions, decision-making, and agency) to be investigated. In parallel, neuroscience is gaining momentum in the media, and various scientific findings are claimed to provide evidence (...) that free will is nothing more than an illusion. Why do neuroscientific findings have such a strong impact on our notion of free will? Does it really matter what neuroscience tells us about free will? Here we critically examine studies in experimental philosophy, social psychology and cognitive neuroscience that attempt to provide an empirical answer to these questions. This overview of the literature demonstrates that inducing disbelief in free will has an impact on folk psychology, social behavior and intentional action. (shrink)

This dissertation develops, justifies, and examines the jurisprudential implications of a non-monotonic theory of common law legal reasoning. Legal rules seem to have exceptions but identifying all of them is difficult. This hinders attempts to formalize legal rules using classical logics. Non-monotonic logics allow defeasible inference, permitting rules that hold generally but can be defeated in the presence of exceptions. This ameliorates the problem of characterizing all exceptions to a rule, because exceptions can be added piecemeal while the rule remains. (...) The first portion of the dissertation rebuts a prominent criticism leveled at a large class of theories of legal reasoning that includes my theory. The charge is that no coherent theory can recognize both the difference between distinguishing and overruling, and the constraint of precedent. The critics argue that is more important than and that can only be explained by monotonic legal rules. Drawing on cognitive psychology as well as legal theory, I show that coherent theories, such as my own, can accommodate both and. The second chapter provides motivation for understanding precedential constraint in terms of non-monotonic default rules and introduces my positive theory, which elaborates on John Horty's work in treating legal rules as prioritized defaults involving reasons. I motivate and implement a relaxation of Horty's restrictions on the form of rules to allow a more fine-grained characterization of precedent. Finally, I explore the relationship between these relaxations and the concept of precedent. The final section explains how my theory fits into the traditional jurisprudential ecosystem. I demonstrate that, contrary to assertions in the legal theory literature, this non-monotonic approach is entirely compatible with positivism's commitment to extracting rules from authoritative legal sources, namely court opinions. I also suggest how it might be attractive to law and economics theorists, pragmatists, and followers of Dworkin. (shrink)

The Anthology of the Works of Ugo Spirito captures the trajectory of Ugo Spirito's complex body of thought that spanned more than fifty years, from 1921 to 1977.

Do free will beliefs influence moral judgments? Answers to this question from theoretical and empirical perspectives are controversial. This study attempted to replicate past research and offer theoretical insights by analyzing World Values Survey data from residents of 46 countries (n = 65,111 persons). Corroborating experimental findings, free will beliefs predicted intolerance of unethical behaviors and support for severe criminal punishment. Further, the link between free will beliefs and intolerance of unethical behavior was moderated by variations in countries’ institutional integrity, (...) defined as the degree to which countries had accountable, corruption-free public sectors. Free will beliefs predicted intolerance of unethical behaviors for residents of countries with high and moderate institutional integrity, but this correlation was not seen for countries with low institutional integrity. Free will beliefs predicted support for criminal punishment regardless of countries’ institutional integrity. Results were robust across different operationalizations of institutional integrity and with or without statistical control variables. (shrink)

A comparative investigation in the metaphysics of material objects and persons in ancient philosophy, this book provides radically new insights into key themes and areas of ancient thought by drawing on Greek and Buddhist philosophies. Ugo Zilioli explicates the neglected tradition of philosophers who in different ways made material objects either redundant or ontologically dispensable in the ancient world. At the same time, while eliminating objects from the material apparatus of the world, some of those philosophers conceived of selves and (...) persons as the only truly existing items. Chapters cover concepts such as nihilism, elusive objects and the emergence of the self, demonstrating how the philosophy of major thinkers Protogoras, Vasubandhu, Gorgias, Nagarjuna, Democritus, Pyrrho, Epicurus and the Cyrenaics advance our understanding of eliminativism. Zilioli's historical and philosophical reconstruction challenges traditional readings of key moments and figures in the history of thought, both Eastern and Western, as well as providing conceptual tools that are of interest not only to historians of philosophy but also to contemporary metaphysicians. (shrink)

The Cyrenaic school of philosophy (named after its founder Aristippus’ native city of Cyrene in North Africa) flourished in the fifth and fourth centuries BCE. Ugo Zilioli’s book provides the first book-length introduction to the school in English. The book begins by introducing the main figures of the Cyrenaic school beginning with Aristippus and by setting them into their historical context. Once the reader is familiar with those figures and with the genealogy of the school, the book offers an overview (...) of ancient and modern interpretations of the Cyrenaics, to provide readers with alternative accounts of the doctrines they endorsed and of the role they played in the context of ancient thought. Finally, the book offers a reconstruction of Cyrenaic philosophy and shows how the ethical side of their speculation connected with the epistemology and ontology they endorsed and that, as a result, the Cyrenaics were able to offer a quite sophisticated philosophy. Indeed, Zilioli demonstrates that they represented, in ancient philosophy, an important and original metaphysical position and alternative to the kind of realism endorsed by Plato and Aristotle. (shrink)

This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal (...) accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships. (shrink)

Protagoras was an important Greek thinker of the fifth century BC, the most famous of the so called Sophists, though most of what we know of him and his thought comes to us mainly through the dialogues of his strenuous opponent Plato. In this book, Ugo Zilioli offers a sustained and philosophically sophisticated examination of what is, in philosophical terms, the most interesting feature of Protagoras' thought for modern readers: his role as the first Western thinker to argue for relativism. (...) Zilioli relates Protagoras' relativism with modern forms of relativism, in particular the 'robust relativism' of Joseph Margolis, gives an integrated account both of the perceptual relativism examined in Plato's Theaetetus and the ethical or social relativism presented in the first part of Plato's Protagoras and offers an integrated and positive analysis of Protagoras' thought, rather than focusing on ancient criticisms and responses to his thought. This is a deeply scholarly work which brings much argument to bear to the claim that Protagoras was and remains Plato's subtlest philosophical enemy. (shrink)

The nature of matter and the idea of indivisible parts has fascinated philosophers, historians, scientists and physicists from antiquity to the present day. This collection covers the richness of its history, starting with how the Ancient Greeks came to assume the existence of atoms and concluding with contemporary metaphysical debates about structure, time and reality. Focusing on important moments in the history of human thought when the debate about atomism was particularly flourishing and transformative for the scientific and philosophical spirit (...) of the time, this collection covers: - The discovery of atomism in ancient philosophy - Ancient non-Western, Arabic and late Medieval thought - The Renaissance, when along with the re-discovery of ancient thought, atomism became once again an important doctrine to be fully debated - Logical atomism in early analytic philosophy, with Russell and Wittgenstein - Atomism in Liberalism and Marxism - Atomism and the philosophy of time - Atomism in contemporary metaphysics - Atomism and the sciences Featuring 28 chapters by leading and younger scholars, this valuable collection reveals the development of one of philosophy's central doctrines across 2,500 years and within a broad range of philosophical traditions. (shrink)

The paper focuses on concerns and legal challenges brought on by the use of algorithms. A particular class of algorithms that augment or replace analysis and decision-making by humans, i.e. data analytics and machine learning, is under scrutiny. Taking into account Balkin’s work on “the laws of an algorithmic society”, attention is drawn to obligations of transparency, matters of due process, and accountability. This US-centric analysis on drawbacks and loopholes of current legal systems is complemented with the analysis of norms (...) and principles of the EU data protection law, or “GDPR”. The aim is twofold. On the one hand, the intent is to shed light on some crucial differences between the US and EU law on the regulation of algorithmic operators, both public and private. Whereas, in the USA, scholars debate whether and to what extent new duties and responsibilities of algorithmic operators, e.g. information fiduciaries, have to amend the current framework of self-regulation and light government—as shown by the White House’s Office of Science and Technology Policy report from November 2016—in EU law much of the new duties and responsibilities of algorithmic operators have been passed upon them as data controllers. Whether such approaches will successfully tackle the normative challenges of the algorithmic society is, on the other hand, an open issue that will likely represent the main topic of debate over the next years. Disagreement may concern: the terms framing the legal question in e.g. statistical purposes of the data processing; how such terms are related to each other in legal reasoning ; and legal hard cases that will increasingly have to do with the principles that are at stake also but not only in data protection. By entrusting such legal hard cases to algorithms, or some sort of smart artificial agent, humans still bear full responsibility for the judgment of what is socially, ethically, and legally “plain” and “hard” in social affairs. The balance between delegation of decisions to algorithms and non-delegation will be the leitmotiv of the algorithmic society. Since the devil is in the detail, the current paper is devoted to some of them. (shrink)

No single moral theory can instruct us as to whether and to what extent we are confronted with legal loopholes, e.g. whether or not new legal rules should be added to the system in the criminal law field. This question on the primary rules of the law appears crucial for today’s debate on roboethics and still, goes beyond the expertise of robo-ethicists. On the other hand, attention should be drawn to the secondary rules of the law: The unpredictability of robotic (...) behaviour and the lack of data on the probability of events, their consequences and costs, make hard to determine the levels of risk and hence, the amount of insurance premiums and other mechanisms on which new forms of accountability for the behaviour of robots may hinge. By following Japanese thinking, the aim is to show why legally de-regulated, or special, zones for robotics, i.e. the secondary rules of the system, pave the way to understand what kind of primary rules we may want for our robots. (shrink)

ABSTRACTThe present study examined the effects of emotions on eye movements, head motion, and iPad motion during reading. Thirty-one participants read neutral, emotionally negative texts and emotio...

Ugo Spirito's Memoirs of the Twentieth Century is the intellectual autobiography of one of the most original and anticonformist contemporary Italian philosophers. In it, Spirito makes an evaluation of his long career (spanning from the decade of the 20's to that of the 70's of the twentieth century) as a thinker who was never satisfied with any theoretical or philosophical system, while constantly aiming at finding a definitive truth: the "incontrovertible" or absolute. The various stages of his search deal with (...) different philosophical and scientific systems - from positivism to actual idealism, from problematicism to omnicentrism, from scientism to neoproblematicism - revealing at the same time an inherent antinomic procedure that does not permit him to take any truth for granted. At the end of his life, Spirito realized that he could only be sure of his present state of "unawareness," thus challenging the validity of his lifelong investigative activity. "Man cannot know himself," Spirito wrote. Confronted with the manifestations of life and universe, he could not help but feel a sense of "surprise and astonishment." Throughout his life, he was only a spectator of his destiny, not the conscious creator of it, as he believed in the early stage of his career. Consequently, he reached a position of negating any value system, bordering on skepticism and nihilism. Within this context, he offered a post-modern interpretation of life. This interpretation was also Spirito's conclusion, and as such, implied a rethinking about other faiths, both political and ideological, that for more than fifty years would develop parallel to philosophical faith. Consequently, he revisited some of the most important philosophical and political personalities who interpreted or materialized those faiths, from Benedetto Croce to Gentile, from Benito Mussolini to Giovanni Bottai, from Togliatti to Pope Paul VI. Spirito was not a thinker who remained secluded within the ivory tower of pure investigation, but in an effort to modify society according to principle of the identification of philosophy with life, he tried to act upon it by following thoughts with action. Memoirs of the Twentieth Century is divided in two parts: one purely autobiographical and theoretical, and the other more historical, where Spirito narrates his relationship with the above-mentioned personalities, as a way of testing the validity of his beliefs. Indeed, one can perceive his moment of adherence to each of the different approaches expounded, only to subsequently detach himself from them. For the English-speaking reader, the second part will appear more interesting and poignant, since Spirito's involvement with history foretells the intellectual fate of a nation. Memoirs of the Twentieth Century is a reflection on life, in which personal history serves as a vehicle for judgment upon an entire century. (shrink)

In the two golden centuries that followed the death of Socrates, ancient philosophy underwent a tremendous transformation that culminated in the philosophical systematizations of Plato, Aristotle and the Hellenistic schools. Fundamental figures other than Plato were active after the death of Socrates; his immediate pupils, the Socratics, took over his legacy and developed it in a variety of ways. This rich philosophical territory has however been left largely underexplored in the scholarship. This collection of eleven previously unpublished essays by leading (...) scholars fills a gap in the literature, providing new insight into the ethics, metaphysics, and epistemology as developed by key figures of the Socratic schools. Analyzing the important contributions that the Socratics and their heirs have offered ancient philosophical thought, as well as the impact these contributions had on philosophy as a discipline, this book will appeal to researchers and scholars of Classical Studies, as well as Philosophy and Ancient History. (shrink)

In order to present a hopefully comprehensive framework of what is the stake of the growing use of robot soldiers, the paper focuses on: the different impact of robots on legal systems, e.g., contractual obligations and tort liability; how robots affect crucial notions as causality, predictability and human culpability in criminal law and, finally, specific hypotheses of robots employed in “just wars.” By using the traditional distinction between causes that make wars just and conduct admissible on the battlefield, the aim (...) is to clarify how advancement of military robotics technology is transforming a 2,000-year-old legal debate on the concept of “just war.” For the first time, legal systems will hold political authorities and military commissioners responsible for what an artificial soldier autonomously decides to do. The paper examines how the new scenario affects both principles of military conduct and notions of justice in resorting to war. (shrink)

In this contribution, I explore the treatment that Plato devotes to Protagoras’ relativism in the first section of the Theaetetus (151 E 1–186 E 12) where, among other things, the definition that knowledge is perception is put under scrutiny. What I aim to do is to understand the subtlety of Plato’s argument about Protagorean relativism and, at the same time, to assess its philosophical significance by revealing the inextric¬ability of ontological and epistemological aspects on which it is built (for this (...) latter aspect, I refer to contemporary discussions of relativism, mainly to Margolis’ robust relativism). I then turn to Aristotle’s treatment of Protagoras’ relativism in Metaphysics Γ, sections 5 and 6, in order to show that Plato and Aristotle surprisingly share the same view as regards the philosophical content of Protagoras’ relativism (in doing so, I take position against the standard opinion among scholars that Plato and Aristotle understand Protagoras’ relativism in different, even incompatible, ways). What I ultimately aim to demonstrate is that Protagoras’ relativism, as understood by both Plato and Aristotle, is a coherent, even attractive, philosophical position. (shrink)

The paper examines some aspects of today’s debate on trust and e-trust and, more specifically, issues of legal responsibility for the production and use of robots. Their impact on human-to-human interaction has produced new problems both in the fields of contractual and extra-contractual liability in that robots negotiate, enter into contracts, establish rights and obligations between humans, while reshaping matters of responsibility and risk in trust relations. Whether or not robotrust concerns human-to-robot or even robot-to-robot relations, there is a new (...) generation of cases involving human-to-human contractual and extra-contractual liability for robots’ behaviour because, for the first time, legal systems hold you responsible for what an artificial system autonomously decides to do. (shrink)

French Jesuit missionaries in China in the seventeenth and eighteenth centuries Content Type Journal Article Pages 1-4 DOI 10.1007/s11016-011-9530-8 Authors Ugo Baldini, Department of Historical and Political Studies, Faculty of Political Sciences, University of Padova, Via del Santo 28, 35123 Padova, Italy Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

Questo primo volume degli "Scritti di Ugo Bianchi" - "Religions in Antiquity" - raccoglie contributi relativi a temi e problemi del cristianesimo antico. Con esso si realizza un progetto, formulato in anni lontani (1983) dallo stesso autore, che contemplava varie sezioni di cui l'ultima - "Christiana" comprendeva i saggi che costituiscono la prima metà del volume; a questi ne sono stati aggiunti altri, sulle medesime tematiche, che risalgono ad anni successivi. Precede i saggi un contributo di carattere metodologico ("Tipologia storica (...) delle religioni e comparazione: il caso del dualismo"). "Ugo Bianchi, nel suo lungo itinerario scientifico che abbraccia alcune delle più significative aree del vasto panorama delle esperienze religiose della storia umana, non ha mai proposto una "teoria" interpretativa generale e onnicomprensiva di esse, quale molto spesso - con esiti e fortune diversi hanno fatto tanti storici delle religioni. Egli, al contrario, ha mostrato riserbo o vera e propria diffidenza nei confronti di tali "teorie" che il progresso della ricerca e la riflessione critica hanno sempre in varia misura smentito o ridimensionato. Di fatto, lo studioso ha costantemente riconosciuto la debolezza intrinseca di tali tentativi alla luce delle mobili e differenziate realtà che la storia ci consegna e che solo a prezzo di un'analisi comparativa condotta con duttilità e rigore..." (dall'Introduzione Giulia Sfameni Gasparro). (shrink)

This paper starts with an examination of the terms use d to designate the face in different languages, in particular in Italian, comparing these with the definitions provided by some authoritative dictionaries as well as with their etymology. This exploration yields some remarkable results: firstly, it appears that the face is indeed a term that has a material meaning, but at the same time it is a social object; secondly, the importance of the communicative function emerges, which makes the face (...) similar to the mask and in some ways to the arbitrariness of language. All this suggests that the philosophical status of the face is that of ‘transcendence’ which is a condition of that state of freedom that we attribute to ourselves and that can be defined as ‘human exception’. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

The paper examines today’s debate on the new responsibilities of Internet service providers in connection with legal problems concerning jurisdiction, data processing, people’s privacy and education. The focus is foremost on the default rules and safe harbour clauses for ISPs liability, set up by the US and European legal systems. This framework is deepened in light of the different functions of the services provided on the Internet so as to highlight multiple levels of control over information and, correspondingly, different types (...) of liability. The new responsibilities of ISPs concern the original “end-to-end” architecture of the medium and policies on design rather than responsibility for user content and individual messages. (shrink)

This article examines some of the most relevant issues concerning P2P systems so as to take sides in today's strongly polarized debate. The idea is to integrate a context-based perspective with an ontological representation of informational norms; thanks to a procedural outlook which is presented in terms of burden of proof More particularly, we examine three ''roads." First, the topological approach to complex social networks allows us to comprehend the laws according to which information is distributed through P2P systems and (...) how a "short route" has joined, and sometimes replaced, the traditional "long route" between creator, business, and the public. The second road is the context-based perspective elaborated by Helen Nissenbaum, and developed by Francis Grodzinsky and Herman Tavani: The goal is to determine the norms that govern such an informational flow as norms of appropriateness and distribution. The final road is the informational viewpoint on ethics proposed by Luciano Floridi with the idea that standard ethical theories cannot easily be adapted to deal with the new informational issues emerging with digital technology. While empirical evidence on the impact of P2P systems is still quite controversial, it is crucial to determine on whom the burden of proof falls in a given context, on censors or advocates, by singling out both the default norms and exceptions in the use and development of P2P software. (shrink)

Name der Zeitschrift: Internationales Jahrbuch für philosophische Anthropologie Jahrgang: 7 Heft: 1 Seiten: 293-308.

The contribution describes the legal phenomenon as a playing field characterized by a progressive regression of the law, understood as a sovereign will from top to bottom, both in the vision of formalist legal positivisms in continental Europe and in realist terms, in the United States. Soft law represents the main strategy to subordinate the law to the interests of the economy, elasticizing environmental law, making it favorable to the market, reducing ecology to the simplistic metric of CO2 emissions. The (...) consequence is a retreat of the statist vertical normativity of law which is not replaced by a de facto power granted to those who control the technology, built by design to close spaces for pluralism and democratic action, in the interest of surveillance and concentrated power in private and government oligopolies. The author concludes by advocating the urgency for genuinely innovative categories, particularly in the legal education, such as the commons, capable of including sustainability into a “new ecological jurisprudence committed to inclusion and solidarity rather than exclusion and struggle”. (shrink)