Search results for " Normativity"
showing 10 items of 18 documents
ENSO IV - Book of Abstracts
2015
The conference addresses questions about the formation, persistence, change and collapse of social-institutional reality; the nature of collective intentionality; the ontogenesis of the capacity for interaction; team reasoning and distributed cognition; collective decision-making; collective responsibility; political power and social change; the role of language in the construction of social and institutional reality; institutional and social normativity; group membership and group identity; the logical and normative structure of cooperation; the psychological and conceptual mechanisms underlying the emergence of social interaction and collective agency; the nature of duties and rights buil…
Collective Intentionality, Language, and Normativity: A Problem and a Possible Solution for the Analysis of Cooperation
2015
In this paper I discuss Searle's analysis of social ontology in the light of his account of the sources of normativity as rooted in the logical structure of language. I conclude that, though his theory of normativity may appear to be inconsistent with his theory collective intentionality, it is really our Background sense of the other that creates a sense of community even before the actual functioning of collective intentionality and language, thereby escaping the dilemma between individualism and collectivism.
Rivoluzione cognitivista e teoria del diritto: un programma di ricerca
2017
Questo scritto ha un carattere esclusivamente programmatico. È dedicato alla presentazione delle linee essenziali di un programma di ricerca nel quale siamo impegnati già da un po’ di tempo, e che intendiamo sviluppare nel prossimo futuro. Nei primi due paragrafi tratteggiamo sommariamente il contesto culturale e scientifico della “rivoluzione cognitivista”, nel quale il nostro programma si colloca (behavioural law and economics; responsabilità e imputabilità; euristiche e bias nella decisione giudiziale). Nel terzo paragrafo elenchiamo le linee di ricerca affini già battute da altri autori. Il quarto paragrafo è dedicato alla formulazione del nucleo centrale del nostro programma: quali son…
Ronald Dworkin e il positivismo giuridico: un bilancio provvisorio
2014
The controversy between Dworkin and legal positivism has lasted more than forty years. After Dworkin’s death, a reflection on this debate is needed. This paper faces some of the most important and popular arguments Dworkin advanced against legal positivism. More precisely, the article is divided in two main parts. The first is devoted to a critical presentation of three arguments developed by Dworkin in his early essays against Hart’s practice theory of norms. In particular, these arguments challenge a) the idea that law is a system of rules; b) the autonomy of legal obligation from moral one and c) the idea that judges exercise (strong) discretion in hard cases. The second part analyses tw…
Regole. Un saggio di psicodeontica
2022
In this article, I first introduce a naturalistic method of inquiry in meta-normative issues, that, following a suggestion by B. Celano, I call “psychodeontics”. I then provide an example of how the method works, focusing on three aspects of the phenomenon of rules and rule-guided behaviour: the fact that rules are reasons for action, the relation between rules and habits, and the “entrenchment” of rules.
Exploring the Normative Foundation of Journalism Education : Nordic Journalism Educators’ Conceptions of Future Journalism and Professional Qualifica…
2022
This article deals with Nordic journalism educators’ conceptions of journalism by placing the concept of normativity at the center. The values, norms and ideas concerning journalism and journalistic practice have previously been studied by journalists and journalism students around the world and in the Nordics, while the Nordic journalism educators’ conceptions have remained more or less without attention. Nevertheless, journalism educators play a crucial role in defining what journalism is and what it is not, and thus largely affect future practitioners’ ideas of journalism. Using a questionnaire that has been employed in previous studies, journalism educators within the …
Ragionamento giuridico. Particolarismo. In difesa di un approccio psicologistico
2017
Legal Reasoning, Particularism: In Defense of a Psychologistic Approach. In this paper I recommend a close examination of the reasons favouring a deep and potentially far reaching reorientation of legal theory, and of the theory of norms and norm-based reasoning and decision-making generally, namely, the adoption of a psychologistic approach (“psychodeontics”). I argue in favour of psychologism - not in the anstract, but - with reference to rwo particular topics: legal reasoning (specifically, the justification of judicial decisions) and the project of a of two-tier (principles v. rules) theory of law, informed by a particularistic conception of practical reasoning. I show that there are as…
Genealogia della normatività. La normatività come controllo
2018
In this paper I draw the outline of a psychological genealogy of normativity: an account of normativity as a complex neuro-psychological fact, entirely analysable in non-normative terms. As a first step, I introduce two of the main problems faced by the genealogical approach. I call the first one “Gibbard problem”: what kind of neuro-psychological state is normative judgment? I call the second one “irreducibility of normativity problem”: normative dynamics seem to be irreducible to causal dynamics. As a second step, I examine the “dual model” of the psychology of normative judgment developed by J. Haidt and J. Greene. I argue that the dual model is not able to solve the aforementioned probl…
La normatividad nomólogica de Paulson
2017
In some of his recent work Stanley Paulson puts forward a number of important and ambitious exegetical claims about Hans Kelsen’s Pure Theory of Law. Some of these claims are not novel in Paulson’s rich Kelsenian corpus. But, taken together, these claims now amount to the main outlines of a fully-fledged interpretation of the theoretical foundations of the Pure Theory of Law. Paulson holds that (1) contrary to what Joseph Raz, Carlos S. Nino and many others have claimed, there is, in the Pure Theory of Law, no “justified normativity” thesis. Kelsenian normativity is, rather, “nomological” normativity. (2) ‘Validity’ is not, in the Pure Theory of Law, a matter of the reasons norm-subjects ma…
Rules, Conventionalism and Normativity: Some Remarks Starting from Hart
2014
The paper deals with the “conventionalist turn” in legal positivism in relation to the matter of the duty to obey the law and legal normativity. In this respect, conventionalist legal positivism is worth considering (a) because it offers an explanation of legal normativity partly different vis-a-vis previous ones and (b) because it tries to preserve the autonomy of legal obligation from moral obligation and coercion, respectively. Here I will only focus on legal conventionalism as sketched out by Hart in the Postscript. Indeed, Hart’s conventionalism comes up against problems which to some extent also affect other distinguished versions of legal conventionalism like, for example, those work…