Search results for " rules"
showing 10 items of 194 documents
Consuetudine: un’analisi concettuale
2014
In civil law systems, statutes and other legal texts sometimes refer to ‘custom’. In international law, it is undisputed that ‘custom’, alongside with treaties or conventions, is one of the main legal sources. The bulk of this paper is devoted to an attempt at answering a single, simple question: what is custom? What is it that statutes and other legal materials refer to, when they refer to ‘custom’? In answering this question the beginning of wisdom is to realize that there is no single, unique concept custom. ‘Custom’ designates different phenomena, which should be carefully distinguished. It is, then, possible to mould several concepts of custom, and customary rule. In the first, longer …
True Exceptions:Defeasibility and Particularism
2012
Sometimes, kinds of cases which do in fact fall under the antecedent of a conditional norm are reckoned recalcitrant. I.e., although they fall under the antecedent of the norm we do not wish to allow the consequence to follow. In such cases, we sometimes say that we are abandoning, or discarding, the norm. We concede, that is, that the alleged norm was wrong (or, if you wish, that it was no norm at all). At other times, however, it is claimed that the norm is a defeasible one. Granted, the case at hand is one of those in which the norm is defeated; but this, it is implied, does not amount to a wholesale abandonment of the norm itself. Being defeasible, the norm somehow survives the impact o…
Hart’s Blind Spot. Il tassello mancante in Th,e Concept of Law
2012
At the beginning of The Concept of Law Hart suggests a mistaken assimilation between conduct that is ‘non-optional’ and conduct that is ‘obligatory’ (i.e,. conduct that is either coerced or subject to an obligation). This suggested assimilation vitiates the argument of the whole book, leading Hart to neglect the different ways in which the law typically tracks, corroborates or constitutes power relations. It is true that, famously, attention is paid, in The Concept of Law, to normative, legal powers. Brute social power, and law’s relation to it—the role of law as a cog in the workings of social powers—, however, are largely overlooked. This is. in a way, Hart’s blind spot. I list some of th…
Rules and norms: two kinds of normative behaviour:
2016
Celano’s notion of a “pre-convention” is grounded in the opposition between two allegedly different kinds of normative behaviour: observing a “rule” and conforming to a “norm”. This opposition plays a central role in Celano’s paper, and marks a crucial point in his intellectual trajectory. Nevertheless, it remains largely implicit. In this paper, I try to make it fully explicit, giving a more precise characterisation of both kinds of normative behaviour. I also focus on the importance of distinguishing between them, express some conjectures (or wishes) regarding Celano’s future research, and propose a (marginal) criticism.
Hart’s blind spot. The missing piece in The Concept of Law
2014
Al inicio de El Concepto de Derecho, Hart sugiere una asimilación errónea entre conducta que es «no opcional» y conducta que es «obligatoria» (i. e. conducta que o es forzada o sometida a una obligación). Esta asimilación vicia el argumento del libro en su conjunto, llevándole a Hart a descuidar las diferentes vías en las que el derecho monitorea, corrobora o constituye relaciones de poder. Es cierto y evidente que en The Concept of Law la atención se dedica a los poderes normativos, legales. Sin embargo, el poder social bruto, y las relaciones del derecho con él —el papel del derecho como una pieza en la maquinaria de los poderes sociales— están ampliamente ignorados. Éste es, de alguna ma…
Constitutive Rules: The Symbolization Account
2021
Our aim is to provide an account of constitutive rules in terms of (1) the acceptance of regulative norms, and (2) a cognitive process we call “symbolization” (in an altogether different sense from what J. R. Searle means by this word). We claim, first, that institutional facts à la Searle boil down to facts concerning the collective acceptance of regulative norms in a given community. This, however, does not exhaust what institutional facts are. There is a residue, symbolization. Symbolization, as we understand it, involves a transfer of cognitive models from one domain to another. We introduce this notion by exploring different sorts of games, taking our cue from games of pretend play. In…
Logical Operations among Conditional Events: theoretical aspects and applications
2019
We generalize the notions of conjunction and disjunction of two conditional events to the case of $n$ conditional events. These notions are defined, in the setting of coherence, by means of suitable conditional random quantities with values in the interval $[0,1]$. We also define the notion of negation, by verifying De Morgan's Laws. Then, we give some results on coherence of prevision assessments for some families of compounded conditionals and we show that some well known properties which are satisfied by conjunctions and disjunctions of unconditional events are also satisfied by conjunctions and disjunction of conditional events. We also examine in detail the coherence of the prevision a…
On compound and iterated conditionals
2021
We illustrate the notions of compound and iterated conditionals introduced, in recent papers, as suitable conditional random quantities, in the framework of coherence. We motivate our definitions by examining some concrete examples. Our logical operations among conditional events satisfy the basic probabilistic properties valid for unconditional events. We show that some, intuitively acceptable, compound sentences on conditionals can be analyzed in a rigorous way in terms of suitable iterated conditionals. We discuss the Import-Export principle, which is not valid in our approach, by also examining the inference from a material conditional to the associated conditional event. Then, we illus…
Sequentially Forecasting Economic Indices Using Mixture Linear Combinations of EP Distributions
2021
This article displays an application of the statistical method moti- vated by Bruno de Finetti's operational subjective theory of probability. We use exchangeable forecasting distributions based on mixtures of linear com- binations of exponential power (EP) distributions to forecast the sequence of daily rates of return from the Dow-Jones index of stock prices over a 20 year period. The operational subjective statistical method for comparing distributions is quite different from that commonly used in data analysis, because it rejects the basic tenets underlying the practice of hypothesis test- ing. In its place, proper scoring rules for forecast distributions are used to assess the values o…
Probabilistic inference and syllogisms
2014
Traditionally, syllogisms are arguments with two premises and one conclusion which are constructed by propositions of the form “All S are P ” and “At least one S is P ” and their respective negated versions. We will discuss probabilistic notions of the existential import and the basic sentences type. We will develop an intuitively plausible version of the syllogisms that is able to deal with uncertainty, exceptions and nonmonotonicity. We will develop a new semantics for categorical syllogisms that is based on subjective probability. Specifically, we propose de Finetti’s principle of coherence and its generalization to lower and upper conditional probabilities as the fundamental corner ston…