Según la noción clásica el derecho es el objeto de la justicia; también clásicamente se dice que el ius es lo justo, lo debido. Según esto, el ius naturale es lo justo que se funda en la naturaleza y es lo debido por naturaleza. Frente a estas nociones clásicas Thomas Hobbes define al ius naturale como la libertad que cada hombre tiene de usar su propio poder como quiera, para la conservación de su propia naturaleza, es decir, de (...) su vida. También podemos marcar la diferencia entre la concepción clásica de la ley natural como dictamen de la razón práctica que ordena al hombre hacia el fin inscripto en su naturaleza, permitiendo reconocer el bien y el mal afin de realizar el primero y evitar el último, de la noción moderna hobbesiana que concibe la lex naturalis como norma general que obliga a realizar lo que preserve mejor su vida u omitir lo que pueda destruirla o privarle de los medios de conservarla. El objetivo de este artículo es mostrar cómo y porqué se llega a estas diferencias tan marcadas. (shrink)

Is the institution of private property part of the natural law? Leo XIII seems to say simply that it is, and many modern Catholic thinkers have followed suit. Aquinas presents a more nuanced view. On the one hand, he denies that the institution of private property is “natural” in the strict sense—unlike the ordering of physical goods to general human use. On the other hand, he maintains that private property does belong to the ius gentium, which is founded directly upon (...) natural law in the strict sense. I argue that this relegation of private property to the ius gentium is necessary in order for Aquinas to coherently maintain that it is licit to “steal” when in dire need, but that this relegation nonetheless does not deprive private property of the kind of “natural” character which Leo XIII ascribes to it. (shrink)

The present study examines the Platonic, Stoic and Ciceronian antecedents in the expositions of William of Auxerre and Philip the Chancellor in their respective Summae, both of which make “ius naturale” to be the guiding principle of the practical-moral life, and which thus provides ontological and anthropological foundations. In addition, the author also investigates the meanings of the term “natura” in the Roman legal tradition, as it persisted at the beginnings of the 13th century; finally, she also considers its (...) philosophical basis. (shrink)

Some legal historians are startled by the fact that Grotius was able to develop a new theory of res communes omnium and mare liberum by using antique ideas whereas these ideas were known in philosophy and jurisprudence throughout the Middle Ages. This contribution shows that Grotius's theory of res communes omnium was innovative only because he developed a new concept of ownership and placed it within a new framework of ius naturale. Both new concepts, ownership and ius naturale, (...) had their predecessors in medieval theology and the jurisprudence of the Spanish Scholastics, but it was Grotius who merged them to a consistent new theory. This theory of res communes also enabled him to reconcile it with both the Roman legal sources and with contemporary practical needs. (shrink)

Resumen: El artículo examina dos conceptos centrales en la doctrina internacional de Vitoria: la idea de orbe como comunidad universal de todos los hombres y de todos los pueblos unidos por el vínculo de la común naturaleza humana, y el ius gentium como Derecho universal de la humanidad que rige en todo el orbe. El trabajo destaca el equilibrio entre tradición (universalismo cosmopolita de raíces estoicas y cristianas y iusnaturalismo clásico) e innovación (ideas de derechos naturales, de igualdad e independencia (...) de todos los pueblos y concepción de la comunidad internacional como una comunidad jurídica) y la antropología no individualista que subyace a la doctrina internacional de Vitoria. Abstract: The article analyzes two central concepts in the international doctrine of Vitoria: the idea of the orb as a universal community of all human beings and of all peoples united by the bond of common human nature, and ius gentium as the universal law of humanity rules around the world. The work highlights the balance between tradition (cosmopolitan universalism of Stoic and Christian roots and classical natural ius) and innovation (ideas of natural rights, equality and independence of all peoples and conception of the international community as a legal community) and the non-individualistic anthropology that underlies the international doctrine of Vitoria. (shrink)

Right to life is an essential natural right protected and defended by law. The aim of this publication is to discuss the main issues regarding human right to life and its protection in the Roman law. Article deals with the problems of beginning and end of the human life and legal capacity in Rome, elements of legal protection of slaves and family members subject to pater familias life as well as the principle crimes attempting to human life. First of all, (...) the right to life as well as the right to liberty were held to be the institutes of natural law (ius naturale) meanwhile institutes that provided possibility to withdraw those rights (e. g. patria potestas that in the most ancient époque included right to decide on subject person’s right to life) are derived from the branches of positive law—civil (ius civile) and law of nations (ius gentium). Such attitude of the Roman jurisprudence had a solid impact on recognizing right of life to be an inherent law of every person, deriving immediately from the human nature and not conferred by the society and the state. (shrink)

This work deals with the long trajectory that goes from Roman legal thought to Locke's explanation of the origin of property, money and, ultimately, political power. Vitoria, Suárez and Locke start from considering a primordial prepolitical state of equal freedom for all and common property, in which humanity could have been before the establishment of the characteristic institutions of the civil state. Despite the presence of elements of continuity with respect to Vitoria and Suárez, by replacing the prelapsary state of (...) innocence with a status naturae that does not require any theological reading, and that Locke places in a truly existing historical time, the English author formulates a strictly secular theory, based on the long tradition of ius naturale, on the origins of civil government and private property. (shrink)

In medieval texts the term ius naturale can mean either natural law or natural right; for the latter sense see the article Natural Rights ”. Ius naturale in the former sense, and also lex naturalis, mean the universal and immutable law to which the laws of human legislators, the customs of particular communities and the actions of individuals ought to conform. It is equivalent to morality thought of as a system of law. It is called “natural” either (a) (...) because it is taught by natural instinct, i.e. some capacity innate in human beings, or (b) because it is accessible to “natural reason”, i.e. to personal reflection independent of any special revelation from God (such as the Christian faith claims to be) and independent of the moral authority of other human beings; or for both reasons. (shrink)

Celem artykułu jest rekonstrukcja i analiza uzasadnień prawowitości władzy w tzw. politycznych pismach Ockhama. Zawarte w nich rozważania powstały w określonym kontekście historycznym sporów o ewangeliczne ubóstwo i zakres władz duchowej i świeckiej, odnoszą się też jednak do ogólnych rozważań nad naturą uprawnień władczych w społeczeństwie cywilnym. Analiza wybranych fragmentów Ockhamowego _Dialogu _i pism zaliczanych do _Opera Politica _ukazuje koncepcję samowładności, która zaczyna być postrzegana jako uprawniona możność, z której może korzystać lud. Możność taką Ockham zaliczał do tzw. warunkowych uprawnień (...) naturalnych stanowiących jedno z trzech rodzajów prawa naturalnego. Pozwala to na ukazanie uprawnień władczych z jednej strony jako wywiedzionych z _ius naturale_ i z wnętrza zbiorowości politycznej, z drugiej strony jako warunek uporządkowania, a tym samym zaistnienia politycznych bytów zbiorowych. Dokonane przez franciszkańskiego filozofa ustalenia ukazują złożoność relacji między prawem naturalnym i zwierzchnictwem politycznym po odejściu od ujęć korporacjonistycznych. (shrink)

Celem artykułu jest rekonstrukcja i analiza uzasadnień prawowitości władzy w tzw. politycznych pismach Ockhama. Zawarte w nich rozważania powstały w określonym kontekście historycznym sporów o ewangeliczne ubóstwo i zakres władz duchowej i świeckiej, odnoszą się też jednak do ogólnych rozważań nad naturą uprawnień władczych w społeczeństwie cywilnym. Analiza wybranych fragmentów Ockhamowego _Dialogu _i pism zaliczanych do _Opera Politica _ukazuje koncepcję samowładności, która zaczyna być postrzegana jako uprawniona możność, z której może korzystać lud. Możność taką Ockham zaliczał do tzw. warunkowych uprawnień (...) naturalnych stanowiących jedno z trzech rodzajów prawa naturalnego. Pozwala to na ukazanie uprawnień władczych z jednej strony jako wywiedzionych z _ius naturale_ i z wnętrza zbiorowości politycznej, z drugiej strony jako warunek uporządkowania, a tym samym zaistnienia politycznych bytów zbiorowych. Dokonane przez franciszkańskiego filozofa ustalenia ukazują złożoność relacji między prawem naturalnym i zwierzchnictwem politycznym po odejściu od ujęć korporacjonistycznych. (shrink)

Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Załuski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale.

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

La riflessione politica di Francesco di Meyronnes (m. 1328) contiene un’elaborazione personale connessa ai concetti di sottomissione (subiectio) e obbedienza (oboedientia), e si inscrive all’interno del pensiero teologico-politico del suo tempo, dove il dibattito sul potere assume forme e direzioni molto diverse. Nei suoi scritti, la concezione politica di Meyronnes è espressa attraverso analogie cosmologiche, naturalistiche e metafisiche, in cui il dato filosofico e quello religioso si riverberano all’interno di un discorso circolare che da Dio va all’uomo e dall’uomo a (...) Dio. L’interrogazione dell’uomo, rivolta al funzionamento di ciò che sta al di sopra, ricerca l’ordine migliore tra i vari tipi di potere. Tra potere spirituale e potere temporale esiste un nesso che muove il secondo termine al primo “sicut ad finem”, e grazie ad esso viene nobilitato. L’obbedienza (oboedientia) di uno all’altro, che implica sottomissione (subiectio) – pur trovando il proprio fondamento implicito nello ius naturale e nella lex divina – non avviene se non per mezzo di un atto volontario. (shrink)

In this work, we study Hilbert-style proof systems for logics based on the data-aware language CoreDataXPath(↓) where the comparison relation between nodes is not necessarily an equivalence relation. We give a sound and complete axiomatization of the class of tree-like Kripke frames endowed with a general comparison relation between nodes. Modular extensions of this axiomatization are also discussed, including cases where the comparison relation is reflexive, symmetric, transitive and an equivalence. A notable highlight that we recover an axiomatization for CoreDataXPath(↓) (...) over any data-tree when the comparison is by ‘equal data’. Moreover, we prove that all these systems are decidable by leveraging the finite model property of their corresponding frame classes. (shrink)

Background: The risk of surgery in eloquent areas is related to neuropsychological dysfunctions. Maximizing the extent of resection increases the overall survival. The onco-functional balance is mandatory when surgery involves cognitive areas, and maximal information on the cognitive status of patients during awake surgery is needed. This can be achieved using direct cortical stimulation mapping and, in addition to this, a neuropsychological monitoring technique called real-time neuropsychological testing. The RTNT includes testing protocols based on the area where the surgery is (...) performed. We reported on tests used for left temporal lobe surgery and our RTNT decision tree.Case Report: We reported our RTNT experience with a 25-year-old right-handed man with 13 years of schooling. He reported daily partial seizures. MRI revealed the presence of a low-grade glioma involving the temporo-insular cortex. The neuropsychological status presurgery which was within the normal range was combined with functional magnetic resonance imaging and diffusion tensor imaging information. Awake surgery plus RTNT was performed. Direct electrical stimulation during object naming elicited a motor speech arrest. Resection was continuously accompanied by the RTNT. The RTNT provided enriched information to the surgeon. Performance never dropped. A slight decrement in accuracy emerged for pseudoword repetition, short-term memory and working memory, phonological processing, and verbal comprehension. Total resection was performed, and the histological examination confirmed the nature of the lesion. Immediate postsurgery performance was within the normal range as it was the fMRI and DTI assessment.Conclusion: The RTNT provides essential information that can be used online, during surgery, for clinical aims to provide the surgeon with useful feedback on the cognitive status of patients. (shrink)

Il saggio evidenzia come il «diritto naturale» rappresenti il cuore nevralgico della «scienza» di Giambattista Vico. Questi, nell’opporsi allo scetticismo, da un lato, e al giusnaturalismo, dall’altro, fa del «diritto naturale» il punto di incontro di molteplici questioni, dalla politica alla giurisprudenza, dall’«equità» alla «Ragion di Stato».

Il presente contributo indaga la questione del fondamento della legge morale ebraica sulla scorta dell’insegnamento di Samuel David Luzzatto (1800-1865). Egli afferma che le norme etiche sono insite nell’essere umano, ma questo non basta perché vengano rispettate: la rivelazione divina sostiene quindi la morale naturale, senza insegnare nulla di diverso da quest’ultima, ma fornendo un’adeguata propedeutica e prevedendo sanzioni e premi chiari. Soltanto il monoteismo, con il suo necessario corollario cultuale, può dunque fondare una morale efficace, che si manifesta (...) essenzialmente nel praticare umanità e giustizia verso tutti gli esseri umani. This paper investigates the Jewish moral law’s foundation according with teaching of Samuel David Luzzatto (1800-1865). He affirms that ethical norms come from human being, but this is not enough for them to be respected: therefore divine revelation supports natural morality, teaching the same, but providing adequate preparation and providing penalties and rewards. Only monotheism, with its necessary worships, can therefore found an effective morality. It appears essentially in humanity and justice towards all human beings. (shrink)

RESUMENLas clases naturales tienen un importante valor heurístico que no ha sido explorado a nivel epistémico. Una revisión crítica del concepto de “clase natural” sugerido por la teoría del Cúmulo de Propiedades Homeostáticas (HPC), desde la complejidad y la causalidad, muestra que es incompatible con las prácticas científicas, en especial las de la biología. Debido a los múltiples problemas que presenta en ese ámbito científico el concepto de ‘clase natural’ debería ser reconfigurado con el fin de estar acorde con las (...) inferencias explicativas y predictivas de la biología. Esto tendría como consecuencia un mejor entendimiento filosófico de los procesos y entidades naturales a la vez que ayudaría a resolver algunos problemas filosóficos y científicos.PALABRAS CLAVECLASE NATURAL, CAUSALIDAD, COMPLEJIDAD, PRACTICAS CIENTÍFICAS, ESPACIOS DE POSIBILIDAD EPISTÉMICOSABSTRACTNatural kinds have an important epistemic value that has not been studied due to the fact that the philosophical research has been focused on both semantics and logical aspects. I propose a critical review from causality and complexity to the concept of «natural kind» advanced by Homeostatic Properties Cluster Theory (HPC) in order to demonstrate that the kinds in the HPC style s are not supported by scientific practices such as biology. I think that a different concept of “natural kind” should be based on scientific practices in order to obtain a better philosophical understanding compared to HPC of both, natural processes and obtaining successful inferences. I hold that this epistemic approach provides us a new characterization of “natural kind” that will be useful as a unifying concept of natural phenomena, as well as for generating new spaces of epistemic possibilityKEY WORDSNATURAL KINDS, CAUSALITY, COMPLEXITY, SCIENTIFIC PRACTICES, EPISTEMIC POSSIBILITY SPACES. (shrink)

El consumidor prefiere alimentos naturales, sanos y fi^escos, además de agradables a la vista y al paladar, nutritivos y de fácil manejo y consumo. La tendencia a seleccionar alimentos naturales es justa y explicable, solo que no puede ser siempre complacida. En una mayoría de situaciones, en nuestra sociedad actual, adquirimos y consumimos alimentos, sometidos a tratamientos industriales o con aditivos. Pero esta limitación en nuestra capacidad de elección no es tan negativa como en principio pudiera parecer. En el caso (...) concreto de los aditivos, es decir, de las sustancias que se añaden a los alimentos con distintos fines, se puede decir, en términos generales, que el consumidor se beneficia de su uso, en algunos casos incluso en el aspecto sanitario. Además, disponemos de un buen número de aditivos que son tan naturales como los propios alimentos. En este capítulo se ofrece información, no necesariamente exhaustiva, sobre la naturaleza de estos aditivos, más frecuentes de lo que es comúnmente conocido, y de sus aplicaciones, ventajas e inconvenientes. (shrink)

Como lo indica su título, el diálogo De ludo globi está construido en torno a un juego. Este juego consta de dos elementos: una bocha de madera levemente ahuecada y una superficie sobre la que están dibujados diez círculos concéntricos. El significado de cada uno de los círculos es detallado en el Libro II. Por su parte, el Libro I se ocupa de la forma de la bocha y su movimiento. El desafío al que se enfrenta el presente trabajo reside (...) en encontrar una unidad sistemática, que sirva de hilo conductor del diálogo De ludo glob i, en el marco del Libro I. Esta sistematización del texto deberá mostrar que el diálogo tiene como trasfondo otra dimensión dialógica, que muestra al texto como un diálogo del individuo con la naturaleza. Con esta intención, el presente trabajo está articulado en tres partes. En primer lugar me concentraré en la bocha y su movimiento. En segundo lugar abordaré el planteo cusano del alma y el cuerpo. Éste deberá dirigirnos, por último, a una distinción entre la libertad y la naturaleza. (shrink)

The aim of my paper is to highlight that for Peirce the reality of God makes sense of the whole scientific enterprise. The belief in God is a natural product of abduction, of the "rational instinct" or educated guess of the scientist or the layman, and also the abduction of God may be understood as a "proof" of pragmatism. Moreover, I want to suggest that for Peirce scientific activity is a genuine religious enterprise, perhaps even the religious activity par excellence, (...) and that to divorce religion from science is antithetical to both the scientific spirit and the real Peirce. Understanding the real Peirce requires to deal with his religious concerns, which are increasingly recognized as being perhaps as philosophically important as his scientific concerns. Since a key notion in this project is the idea of "il lume naturale" that Peirce borrowed from Galileo, I want also to pay attention to that expression which during years I have been following through Peirce's papers and books. -/- In order to try to explain some of this, my paper is arranged into four brief sections after this already long introduction: 1) God and scientific inquiry; 2) The belief in God as a product of abduction; 3) Galileo and Peirce: Il lume naturale; and by way of conclusion 4) Some remarks on the religious framework of Peirce's approach. (shrink)