Search results for "Validity"
showing 10 items of 891 documents
Farewell to the Rule of Recognition?
2011
Resumen:En este articulo se argumenta que la regla de reconocimiento, tal comofuera concebida por Hart, es o bien un concepto redundante —y en consecuenciainutil— o un concepto limitado en su poder explicativo. Encualquier caso, se trata de un concepto cuyo alcance es, frente a los sistemasjuridicos contemporaneos, mucho mas estrecho de lo que Hartpudo imaginar. De igual modo se argumenta que la regla de reconocimiento,en alguna de sus posibles (y plausibles) reformulaciones, puedetener a pesar de todo un papel significativo y no redundante, pero solamentesi se emplea en un sentido radicalmente distinto al que propusoHart o que se propone en buena parte de la literatura positivista posthart…
La norma di riconoscimento come ideologia delle fonti
2015
The essay argues that the rule of recognition, as it has been conceived by H. L. A. Hart, is either a redundant, and hence mostly useless, concept, or it is a concept with limited explanatory potential - in either case, at best a concept whose scope is much narrower, in contemporary legal systems, than the one envisaged by Hart. It will also be argued that the rule of recognition, if subject to a possible (and plausible) reformulation, can nevertheless play a significant, non-redundant role. This, however, will require to assign the rule of recognition a rather different job than the one proposed by Hart, as well as by most post-Hartian positivist literature, namely it will require to locat…
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…
Positivism, Legal Validity, and the Separation of Law and Morals
2014
The essay discusses the import of the separability thesis both for legal positivism and for contemporary legal practice. First, the place of the separability thesis in legal positivism will be explored, distinguishing between “standard positivism” and “post-Hartian positivism.” Then I will consider various kinds of relations between law and morality that are worthy of jurisprudential interest, and explore, from a positivist point of view, what kind of relations between law and morality must be rejected, what kind of such relations should be taken into account, and what kind of such relations are indeed of no import at all. The upshot of this analysis consists in highlighting the distinction…
Come il diritto inventa le identità
2012
Does the identity recorded by documents certify what you are or affect your way of being? Do the different classes of subjects to which the rules grant rights or impose obligations exist before being utilized by law? Is the role conferred by the institutions a false mask that can be dismissed at the end of a working day or is it a stubborn demon that possesses the soul of the man and the citizen? These questions introduce the issue of this paper: the relationship between Law and identity, in particular the contribution of legal sphere to the construction or manipulation of collective identities such as gender, race, nationality or class. The author opts for a constructivist approach and des…
Maximizing versus satisficing in the digital age: Disjoint scales and the case for “construct consensus”
2018
Abstract A question facing us today, in the new and rapidly evolving digital age, is whether searching for the best option – being a maximizer – leads to greater happiness and better outcomes than settling on the first good enough option found – or “satisficing.” Answers to this question inform behavioural insights to improve well-being and decision-making in policy and organizational settings. Yet, the answers to this fundamental question of measurement of the happiness of a maximizer versus a satisficer in the current psychological literature are: 1) conflicting; 2) anchored on the use of the first scale published to measure maximization as an individual-difference, and 3) unable to descr…
The Italian version of the Cognitive Style Indicator and its association with decision-making preferences
2018
By adopting a more flexible view, Cools and Van den Broeck (2007) developed the Cognitive Style Indicator (CoSI) which includes three cognitive dimensions: Creating (flexible, open-ended and inventive), Knowing (emphasizing facts, details, objectivity, and rationality), and Planning (guided by preferences for certainty and well-structured information). The first aim of this research was to validate the three factor structure of the CoSI within the Italian context, whereas the second was to verify whether cognitive styles, as measured by the CoSI, accounted for individual differences in decision-making processes. Two studies were conducted using two different samples (n = 549 and n = 397). C…
The Italian Validation of Singelis’s Self-Construal Scale (SCS): a Short 10-Item Version Shows Improved Psychometric Properties
2015
This study validates an Italian version of Singelis’s Independent and Interdependent Self-Construal Scale (SCS; Singelis in Personality and Social Psychology Bulletin, 20, 580–591, 1994; Singelis et al. in Cross-Cultural Research, 29, 240–275, 1995), a scale intended to measure individuals' feelings of connectedness to and separateness from social situations. Results of the Italian validation, carried out through three studies involved a total of 803 Italian university students, has led to a short 10-item version, with two 5-item orthogonal factors respectively reflecting independent self-construal and interdependent self-construal. The new short version of Singelis’s scale, as examined thr…
Measuring dispositional optimism in patients with chronic heart failure and their healthcare providers: The validity of the Life Orientation Test-Rev…
2017
Patrizia Steca,1 Dario Monzani,1 Antonia Pierobon,2 Giulia Avvenuti,2 Andrea Greco,1 Anna Giardini2 1Department of Psychology, University of Milano – Bicocca, Milan, 2Psychology Unit, Istituti Clinici Scientifici Maugeri Spa SB, IRCCS Montescano, Montescano, Italy Abstract: The Life Orientation Test-Revised (LOT-R) measures dispositional optimism (DO) – an individual difference promoting physical and psychological well-being in healthy adults (HAs) as well as in patients with chronic heart failure (CHF) and healthcare providers (HPs). Controversy has arisen regarding the dimensionality of the LOT-R. Whereas DO was originally defined as a one-dimensional construct, empiri…