The Italian Twin Registry (ITR) has been carrying out several genetic-epidemiological studies. Collection and storage of biological material from study participants has recently increased in the light of biobanking development. Within this scenario, we aimed at investigating understanding, awareness and attitude towards blood/DNA donation of research participants. About these quite unknown dimensions more knowledge is needed from ethical and social perspectives.

This article analyzes Italian research and experimentation on the economic potential of certain plant species in the late eighteenth and early nineteenth centuries, also providing insight into beekeeping and honey production. It focuses on continuity of method and progress across regimes and on the invisibility of many of the actors involved in the development of agricultural science and food research. Specifically, “continuity” refers to the continuation of certain threads of Old-Regime experimentation by the scientific apparatus put in place during the (...) Napoleonic era. These threads were reworked and strengthened with the new means available to Frenchified Europe. The concept of “invisibility” derives from an expression by Steven Shapin and refers to actors who contributed to the development of agricultural science while remaining in the shadows. These include various types of technicians and members of rural society who supported the scientific work of scholars without receiving overt recognition. Continuity and invisibility were therefore two fundamental components both in the epistemological development of agricultural science and in the improvement of food research. The article analyzes case studies mainly from northern Italy – or rather, the various geopolitical entities existing in this geographical region – during the late Old Regime and the Napoleonic era, comparing them with examples from all over Europe. (shrink)

At the end of the eighteenth century and beginning of the 19th, Spain and the Italian States contributed to the development of European agricultural science and the improvement of manufacturing. They collaborated with each other and reworked the most advanced models of France, Central Europe and Great Britain. Despite their somewhat less prosperous economic status, they demonstrated great originality in research and experimentation. In this process, botanical knowledge served as a starting point for a new epistemological path. Through three case (...) studies – the botanists Antonio José Cavanilles and Domenico Nocca, and the agriculturist Filippo Re – my article analyses how Spanish and Italian naturalists and learned individuals contributed to forming the concept of ‘economic botany’ through the exchange of seeds, plant specimens, books, journals, and – more in general – opinions, becoming germinal forces in a large transnational network. (shrink)

Central to the still-nascent normative literature on counterspeech is the widespread belief that citizens should engage discursively with haters and the effects of hate speech. It is also increasingly clear that discursive engagement with intolerant members of society should be understood as a continuous and extended series of different and connected actions. Much less has been said about the ways that attempts in persuasion and direct responses to hate speech relate to one another and about when specific counterspeech actions should (...) happen. This essay advances a more expansive and refined account of counterspeech, which is understood as a combination of continuous discursive engagement with intolerant members of society and acts of distancing from haters (shaming, correcting falsehoods, “Not in my name” campaigns, protests, and forms of discursive exit). After reconsidering discursive agency distribution (that is, who is an active participant, how, and when) around public hate speech, I show that continuous discursive engagement with intolerant members of society should be interrupted by visible acts of distancing when haters make hateful representative claims. (shrink)

There is a large literature on how the use of an intolerant style of political rhetoric can erode democratic communication and give people reasons to question their faith in the democratic system. But the reverse is also true: that is, everyday linguistic practices shape political communication by providing stylistic forms and common words. My central claim is that an interactionist interpretation of the more-speech argument offers a normative foundation for a distinctive model of counterspeech as democratic self-defense: counterspeech as decentralized (...) democratic self-defense. The core of this model is the idea that democratic institutions have a role to play in making it easier for citizens to engage in conversations with those they would otherwise avoid. (shrink)

Despite the impressive body of evidence supporting the existence of a mirror neuron (MN) system for action, the original claim regarding its crucial role in action understanding remains controversial. Emma Borg has recently launched a sharp attack on this claim, with the aim of demonstrating that neither the original version nor the subsequent revisions of the MN hypothesis tell us very much about how intentional attribution actually works. In this article I take up the challenge she issues in the title (...) of her paper (If Mirror Neurons are the Answer, What was the Question?) and argue that what MNs offer is not as Borg claims 'an extremely limited' picture of action understanding but rather an enriched picture that brings to light aspects of social cognition hitherto ignored in the mind-reading literature, showing how intentional motor components of action can shape social cognition prior to and apart from any forms of deliberate mentalizing. (shrink)

This paper argues that an equal distribution of the right to free speech is democratically valuable because it contributes to the perceived legitimacy of democratic institutions. I first argue that an equal right to free speech inherently encompasses citizens’ ability to engage in discussions about how ideas should be expressed. I then argue that frequent and systemic interactions on how ideas should be expressed can give citizens a practical grasp of what it means to make decisions between equally entitled parties. (...) The regularity of such interactions helps establish a shared set of presuppositions that democratic institutions can draw upon when communicating with a diverse citizenry. Taken together, the analysis supports the view that an equal right to free speech contributes to the formation of a communicative environment conducive to the bottom-up legitimation of democratic institutions and their public directives. (shrink)

In this article, I argue that stability is one of the enabling conditions for epistocratic arrangements to function well and justify their claim right to rule. Against this backdrop, I demonstrate that advocates of strategies to allocate exclusive decision-making power to knowledgeable citizens fail to demonstrate that in a context marked by the fact of pluralism, liberal epistocracies will be stable. They could argue that liberal epistocracies will be stable because epistocratic arrangements are better equipped than democratic decision-making bodies to (...) produce outcomes that approximate the common good. They could argue that liberal epistocracies will be stable because there is a shared meritocratic set of values and ideas. Furthermore, they could opt for two standard liberal strategies, such as overlapping consensus and modus vivendi. Yet, in all cases, the argument for the stability of liberal epistocracies is not persuasive. (shrink)

People walk, build, paint and otherwise act together with a purpose in myriad ways. What is the relation between the actions people perform in acting together with a purpose and the outcome, or outcomes, to which their actions are directed? We argue that fully characterising this relation will require appeal not only to intention, knowledge and other familiar philosophical paraphernalia but also to another kind of representation involved in preparing and executing actions, namely motor representation. If we are right, motor (...) representation plays a central role in the story of acting together. (shrink)

The literature on counterspeech has been debating how institutions and citizens should respond to offensive or dangerous communicative acts. This article identifies a gap in this debate, namely, the lack of attention paid to the individual vote in large-scale democratic elections as an effective act of distancing from candidates who use explicitly derogatory forms of expression to unify and mobilize supporters. In studying the place of voting in the ethics of counterspeech, this article investigates what counterspeakers can expect other counterspeakers (...) to do in large-scale democratic elections framed as a vote for or against hateful representatives. I argue that even in large-scale elections, the individual act of voting, understood as a contribution to increasing the clarity of the indicators of force of a collectivized speech act, can be an effective form of counterspeech. Voting is one of the first forms of counterspeech that must be taken so that other, and perhaps more controversial, actions can stand criticism on moral grounds. For this reason, I also argue that counterspeakers can expect other counterspeakers to contribute to an electoral outcome that, under certain circumstances, can be received as a vote against representatives who use explicit derogatory forms of expression to gain consensus. (shrink)

In the recent literature a number of free will skeptics, skeptics who believe that punishment is justified only if deserved, have argued for these two points: first, that the free will realist who would justify punishment has the burden of establishing to a high level of certainty - perhaps beyond a reasonable doubt, but certainly at least by clear and convincing evidence - that any person to be punished acted freely in breaking the law; and, second, that that level of (...) evidence is simply not there. In this paper I make two parallel points against a quarantine theory of criminal justice. First, the free will skeptic who would justify universal criminal quarantine is also faced with a burden of proof, the burden to establish to a similarly high level that no human being ever acts freely. Second, there is not sufficient evidence for that conclusion either. I believe that the quandary that this creates for criminal justice can be resolved by distinguishing the methods associated with a particular approach from the approach itself: if our choice is between the methods of punishment and the methods of quarantine, the methods that constitute punishment are, I would argue, morally preferable to those that constitute quarantine. (shrink)

Artefacts are usually understood in contrast with natural kinds and conceived as a unitary kind. Here we propose that there is in fact a variety of artefacts: from the more concrete to the more abstract ones. Moreover, not every artefact is able to fulfil its function thanks to its physical properties: Some artefacts, particularly what we call “institutional” artefacts, are symbolic in nature and require a system of rules to exist and to fulfil their function. Adopting a standard method to (...) measure conceptual representation (the property generation task), we have experimentally explored how humans conceptualise these different kinds of artefacts. Results indicate that institutional artefacts are typically opposed to social objects, while being more similar to standard artefacts, be they abstract or concrete. (shrink)

While most of the literature has attempted to justify harsh and soft containment given some fundamental commitments of political liberalism, I focus on how justified forms of containment can in themselves be deemed effective. This article shows that a reading of Rawls allows for a comparison of different containment practices based on their capacity to protect the stability of liberal democracies under serious threat. And, in making it possible to compare harsh and soft containment, I evaluate immediate stability gains against (...) citizens’ judgements about their liberal democratic institutions. (shrink)

Motor representations live a kind of double life. Although paradigmatically involved in performing actions, they also occur when merely observing others act and sometimes influence thoughts about the goals of observed actions. Further, these influences are content-respecting: what you think about an action sometimes depends in part on how that action is represented motorically in you. The existence of such content-respecting influences is puzzling. After all, motor representations do not feature alongside beliefs or intentions in reasoning about action; indeed, thoughts (...) are inferentially isolated from motor representations. So how could motor representations have content-respecting influences on thoughts? Our aim is to solve this puzzle. In so doing, we shall provide the basis for an account of how experience links the motoric with thought. Such an account matters for understanding how humans think about action: in some cases, we have reasons for thoughts about actions that we would not have if we were unable to represent those actions motorically. (shrink)

Although the notion of constitutive rule has played an important role in the metaphysical debate in social and legal philosophy, several authors perceive it as somewhat mysterious and ambiguous: the idea of a specific kind of rules that are supposed to be “magically” constitutive of reality seems suspicious, more a rationalistic fiction than a genuine explanation. For these reasons, reductionist approaches have been put forward to deflate the explanatory role of this notion. In this paper, I will instead try to (...) defend constitutive rules. My thesis is that the notion of constitutive rule is explanatorily helpful because it gives a complete account of an important phenomenon in the social and legal domain, namely, that of artifactual entities endowed with statuses that can have emergent normative properties. Conceiving of these entities as rule-constituted artifacts is an important part of what H. L. A. Hart called “the internal point of view” toward law, and for this reason constitutive rules should be included in an explanation of that point of view as an integral part of the life of institutions. The structure of my argument will be as follows. First, I will provide an example of an important phenomenon in the internal point of view, namely, the fact that individuals can have normative reactions not about the specific regulation of an institution but about its underlying purpose and rationale—what in the legal domain is called the ratio of a norm. Then I will identify two reductionistic approaches on constitutive rules. The first approach is exemplified by Brian Epstein’s idea that the phenomena explained by constitutive rules are better explained in terms of metaphysical (grounding/anchoring) relations. The second kind of reductionism is instead exemplified by the idea (held by several authors, among whom Alf Ross, Riccardo Guastini, Frank Hindriks, and Francesco Guala) that the phenomena explained by constitutive rules can be accounted for in terms of regulative rules plus a certain terminology. I will try to show that neither of these approaches can explain normative reactions to the ratio of an institution from an internal point of view: While the first cannot explain the fact that the reaction is strongly normative, the second cannot explain the fact that the reaction is about the ratio of a normative entity. Constitutive rules can instead explain both things and should be preserved as an important notion for the analysis of institutional ontology. By way of constitutive rules we create something: immaterial, rule-based institutional artifacts that can have emergent normative properties. (shrink)

In the present article we discuss the relevance of the mirror mechanism for our sense of self and our sense of others. We argue that, by providing us with an understanding from the inside of actions, the mirror mechanism radically challenges the traditional view of the self and of the others. Indeed, this mechanism not only reveals the common ground on the basis of which we become aware of ourselves as selves distinct from other selves, but also sheds new light (...) on the content of our self and other experience, showing that we primarily experience ourselves and the others in terms of our own and of their motor possibilities respectively. -/- . (shrink)

In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic metaphysics) over the last (...) twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)

Starting from the observation that the deterioration of democratic communication is a political problem that requires individual and collective, private and public, actions, I first defend a baseline duty to avoid using expressions that conventionally show a disrespectful attitude toward targeted groups. Then, I develop a set of guidelines that can guide political theorists in distributing additional duties that respect the situated agency of different individuals. I propose two normative constraints (capacity-to-act and influence) that should influence how theorists assign duties. (...) Then, I present three criteria (pointless, antisocial, and lawfulness) to specify the content in a context-sensitive way. (shrink)

Being part of the life of institutions requires a considerable amount of conceptual knowledge. In institutional settings, we must learn the relevant concepts to act meaningfully, and these concepts are internal in a peculiar way, namely, they are strictly relative to the rules of a given institution because they are constituted by those rules. However, institutions do not come out of nothing: They are inscribed in a social setting and this setting determines, at least in a broad sense, what is (...) the nature of the institution. Our social life therefore creates more or less defined contexts for meaningful institutional activities, and these contexts in their own turn involve concepts. In this paper, I address this question by distinguishing between three kinds of concepts relevant for an institution and trying to identify the different relations that these concepts have with constitutive rules. I then proceed to explain how this distinction can improve our understanding of practical reasoning in institutional context. (shrink)

This article sheds light upon the role of the audience in the construction and amendment of populist representative claims that in themselves strengthen representative-represented relationships and simultaneously strengthen ties between the represented who belong to different constituencies. I argue that changes in populist representative claims can be explained by studying the discursive relationship between a populist representative and the audience as a conversation in which both poles give and receive something. From this perspective, populist representative claims, I also argue, can (...) be understood as acts of bonding with the intended effect of constituting ‘the people,’ and inputs from the audience can be seen as conversational exercitives. Populist appeals therefore may change when the audience enacts new permissibility facts and signals to populist representatives that there is another way to strengthen relationships between several individuals belonging to otherwise-different constituencies. (shrink)

Despite the importance of the requirement that all parties subject to a modus vivendi accept it, the philosophical basis of the all-subjected principle has been largely neglected in the realist literature on modus vivendi arrangements as responses to disagreements on issues of common concern. In this article, I argue that the inclusion of all-subjected parties should be understood as instrumental to justifying the presupposition that enough parties will have the motivation to comply with an arrangement that they grudgingly accept as (...) a modus vivendi. I also argue that without accepting the democratic commitments implicit in the acceptance of the standard reading of the all-subjected principle, realist modus vivendi theorists should demonstrate that all those parties who are subjected to a modus vivendi arrangement have the capacity to voice their objection and to be heard for such a claim. (shrink)

Context has always been central to Searle’s account of constitutive rules, as can be appreciated from his classic formulation, ‘X counts as Y in context C.’ But while the nature of X and Y in Searle have been widely discussed, the role of the context in which Y is constituted on the basis of X has not. So, in this paper, I will discuss how context shapes the process of constituting and creating meaning through rules and how, in doing so, (...) it affects the regulative action of constitutive rules. I extract from this argument the general thesis that the two main questions concerning constitutive rules-namely, ‘How can they be constitutive of meaning?’ and ‘How can they be rules even so, despite their constitutive role?’-can be solved by looking at the wider context, or ‘practice,’ within which these rules are framed, and that such an approach can give us further insight into the functioning of institutions. (shrink)

One of the most difficult challenges for the “hard incompatibilist” is to deal with the overwhelming objections to the therapeutic/incapacitative approach to crime control that seems to follow naturally from his theory. See, for example, Pereboom's _Living Without Free Will_, Chapter 6. Responding to this challenge requires the hard incompatibilist to (1) find a way to distinguish between those who have traditionally been found responsible for their crimes and those who have been found not to be responsible, and (2) justify (...) the infliction of intentionally harsh treatment on at least some of those who fall into the first category. I attempt to develop a theory that satisfies both these requirements. (shrink)

This paper aims to enrich the idea of the institutionalized sphere of recognition developed by Axel Honneth and Pierre Bourdieu’s concept of the “social field” by combining them. First, it underlines the characteristics that the two viewpoints share. Second, the paper argues that their combination can be mutually beneficial for overcoming some of their respective theoretical limits: the issue of the determination of the amplitude of the social field and the nature of the power that institutions of recognition exercise on (...) individuals. (shrink)

Mature spermatozoa are permeable to foreign DNA and RNA molecules. Here I propose a model, whereby extrachromosomal genetic information, mostly encoded in the form of RNA in somatic cells, can cross the Weismann barrier and reach epididymal spermatozoa. LINE‐1 retrotransposon‐derived reverse transcriptase (RT) can play key roles in the process by expanding the RNA‐encoded information. Retrotransposon‐encoded RT is stored in mature gametes, is highly expressed in early embryos and undifferentiated cells, and becomes downregulated in differentiated cells. In turn, RT plays (...) a role in developmental control, as its inhibition arrests developmental progression of early embryos with globally altered transcriptomic profiles. Thus, sperm cells act as recipients, and transgenerational vectors of somatically derived genetic information which they pass to the next generation with the potential to modify the fate of the developing embryos. (shrink)

The paper discusses whether natural phenomena such as epidemics and pandemics of communicable diseases can be interpreted as social pathologies. While providing a positive answer to the question, the manuscript tries to define a set of criteria – a rupture of biological normativity and an evaluation of epidemics’ social impact – that can help to determine in which circumstances such natural phenomena fall under the label of “social pathologies”.

Normative research on greenwashing has largely focused on the environmental and economic consequences of false or misleading green claims. This paper introduces a new perspective that sheds light on its democratic costs. First, I argue that by interfering with the transmission of a public political culture through deceptive claims, greenwashing constitutes a particularly problematic form of corporate capture of democratic rhetoric. I further contend that greenwashing should also be examined against ordinary patterns of language use, given their capacity to shape (...) the range of communicative possibilities available. At the normative level, I then defend a duty to counter-frame: a duty of ordinary citizens to play their part in avoiding reinforcing the communicative conditions that facilitate corporate capture of public rhetoric. This duty aims to initiate processes of reciprocal reason-giving about responsible language use within everyday conversations. (shrink)

Several authors have recently pointed out the hyper-mentalism of the standard mindreading models, arguing for the need of an embodied and enactive approach to social cognition. Various attempts to provide an account of the primary ways of interacting with others, however, have fallen short of allowing for both what kind of intentional engagement is crucial in the basic forms of social navigation and also what neural mechanisms can be thought to underpin them. The aimof the paper is to counter this (...) fault by showing that most of the primary ways of making sense of others are motor in nature and rooted in a specific brain mechanism: the mirror mechanism. I shall argue that the mirror-based making sense of others not only can be construed within the enactive approach to social cognition, but also allows us to refine it, supplying a plausible and unitary account of the early forms of social interaction. (shrink)

In the last few years, an old question seems to have returned to the forefront among philosophers: is it improper to speak about national philosophical traditions? Or is it legitimate, for example, to identify a precise Italian philosophy and distinguish it from a French one? In the case it is legitimate, is it also beneficial to speak in such terms? Which are the risks and advantages of using national or territorial criteria as a principle for identifying different traditions of philosophical (...) thought? The essay analyses these questions, going through the main stages of the Italian philosophical historiography from Bertrando Spaventa’s theory of the “European circulation of Italian thought” to the “Italian Theory” of Roberto Esposito. (shrink)

Justifying state punishment presents a difficulty for those who deny that human actions are free in the sense required by moral responsibility. The argument I make in this article, following work d...

In this article, I provide an argument against the idea that public hate-speech events are harmful because they cause a discrete, traceable and harmful change in one’s propositional attitudes. To do so, I identify the essential conceptual architecture of public hate-speech situations, I assess existing arguments for the direct and indirect harm of public hate speech and I propose a novel way to approach public hate-speech situations: a maieutic approach. On this perspective, public hate-speech events do not cause changes in (...) propositional attitudes, but rather, if successful, either such events bring a person’s latent propositional attitudes into clear consciousness, or they play with propositional attitudes speakers and their audience had prior to the public hate-speech situation. (shrink)

The scope of this essay is to introduce and explain the methodology underlying the Lanza Foundation Protocol for the analysis of clinical cases. The essay is divided in three parts. Part one examines the Protocol's methodology within the whole evolutionary framework of argumentation in bioethics. Particular attention is given to the most significant methodologies developed in European bioethics. Part two describes the system of argumentation which serves as a frame for both approaches, namely, the normative and the hermeneutical. Finally, the (...) third part presents in an analytic fashion the operations which define the Protocol itself. The Protocol is the result of an interdisciplinary effort and it provides a detailed grid for analyzing and tackling the ethical components of clinical cases. The Protocol is primarily directed toward Ethics Committees in their consulting activity, yet it has been proven of considerable importance at an educational level also, particular in continuing education programs for health care professionals. (shrink)

Taking seriously the task of sustaining the democratic project requires debunking pessimism, thinking critically about what constitutes the distinctive character of democracy, and taking a future-oriented perspective on democratic transformations.

In this article, I argue that the experimentalist model of democracy can contribute to contemporary disputes about deliberation at the supranational level. The fundamental idea is that, in conditions of disagreement, for a decision to be legitimate, deliberative decision-making processes must be structured so as to allow the inclusion of affected interests before and after voting. I argue that there are three ways for a decision to be illegitimate: exclusion of affected interests from all deliberative phases, Captain Hook politics and (...) garbage-time politics. Captain Hook politics and garbage-time politics illuminate an important variable: in a deliberative process, some interests may enter deliberation too early, other interests too late. However, for a decision to be legitimate, it is not only important that all affected interests can have an influence on collectively binding decisions, but it is also important what moment in time such interests play a part in the deliberative process. (shrink)

Humans have this extraordinary cognitive ability: They imagine inexistent objects, they treat them as if they were real, and by doing so they make them real. They thus give rise to a shared institutional reality that enables them to cooperate in ways that would be impossible otherwise. In this paper, we would like to revisit the account that HLA Hart gives of the practice of collective acceptance that makes a legal system possible. We try to provide an explanation of what (...) Hart calls the ‘internal point of view’, on the basis of experiments on institutional concepts, drawing on the paradigm known as ‘embodied cognition’. Experts and non-experts in law rated the role of several cognitive dimensions for a list of words referring to two kinds of abstract concepts (institutional and theoretical/scientific) and two kinds of concrete ones (food and artifact). Institutional concepts were distinguished into pure-institutional (e.g., ‘contract’, ‘state’, ‘property’) and meta-institutional (e.g., ‘norm’, ‘duty’, ‘justice’). The results provide an empirical account of how our way of thinking about institutions changes as we acquire expertise in the legal field, thus shading light on the cognitive underpinnings of the ‘internal point of view’. (shrink)

In three experiments, we investigated the priming effects induced by an image change on a successive animate/inanimate decision task. We studied both perceptual and conceptual priming effects, under correct change detection and change blindness. Under correct change detection, we found larger positive priming effects on congruent trials for probes representing animate entities than for probes representing artifactual objects. Under CB, we found performance impairment relative to a “no-change” baseline condition. This inhibition effect induced by CB was modulated by the semantic (...) congruency between the changed item and the probe in the case of probe images, but not for probe words. We discuss our results in the context of the literature on the negative priming effect. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

The article analyses social invisibility as a systemic ill of contemporary societies. For this purpose, we interpret Andreas Reckwitz's analysis of late modernity by combining Pierre Bourdieu's and Axel Honneth's accounts. Reckwitz argues that late-modern societies must be understood as ‘societies of singularities’, while their social reality is increasingly oriented towards the exceptional. This paradigm shift from industrial to late modernity results from socio-cultural and economic transformations. The article introduces the concept of ‘recognitive capital’ to analyse how these paradigm shifts (...) give rise to new forms of social inequality and invisibility. We argue that late-modern individuals are increasingly engaged in attempts to accumulate social recognition, which fuels their projects of individual self-realisation. Correspondingly, we suggest that forms of social inequality can be analysed following a similar model: socially underprivileged individuals suffer from social invisibility and thus lack recognitive capital. (shrink)

The paper highlights how the normative and institutional anarchy of the global arena, where opposite practical and political logic and conflicting values are often at play, prevents any significant realization of principles of health justice or substantive conception of health and well-being. This point is illustrated by focusing on problems related to the COVID-19 global response: the characterization of individual and population health and differences and asymmetries in national healthcare systems. The paper suggests that any bioethical framework that aspires to (...) evaluate global health questions cannot avoid focusing on the problem of social and political domination: Both the mitigation of health iniquities and global acknowledgment of a minimal conception of good health and well-being might benefit from the fulfillment of another crucial task: minimizing and mitigating asymmetries of power and situations of dependency among different countries, international institutions and economic stakeholders. (shrink)

I propose a new perspective on the communicative value of voting that should alter our standard balance of reasons in large-scale democratic elections. According to the conversational theory of voting, the act of (non)voting can contribute to the perception of electoral outcomes as collectivized speech acts expressing what ought to be done in conversations on public issues. While enfranchised citizens have a remote chance that their vote determines election winners and losers, their capacity to contribute to the communicative quality of (...) an electoral result cannot be transferred from one another. This capacity, as I argue in this article, is irreplaceable when some formal and contextual conditions are met at the same time: a finite number of people can vote, all enfranchised citizens can vote only once, the meaning of an election is framed around a limited number of viable and generally accepted salient issues, democratic elections are the main ways to select political representatives, and people with a right to vote can choose between different electoral behaviors without facing sanctions. (shrink)