This article explores the relevance of maieutics for legal thought, focusing on its role within legal institutions. It reconsiders the accounts of maieutics proposed by Hannah Arendt and Jan Patočka, employing the distinction between knowing and understanding as a critical lens for legal analysis. Within this framework, Socrates is interpreted…
New technologies have transformed the role of human beings. Once merely users of technological tools, we have become part of social and institutional processes to the extent that we have become dependent on the technocratic paradigm. We are witnessing the emergence of a virtualised society in which human originality will…
The theory of custom aims to research and define what we call custom. This study attempts to orient theoretical practice towards itself and demonstrate that its very method and knowledge are customary: moving from the theory of custom to the custom of theory. In this sense, the theoretical question of…
This work proposes an ontological reinterpretation of Hans Kelsen’s socio-anthropological research on primitive peoples, highlighting how these studies do not represent a marginal interest but rather lie at the core of his philosophical-legal reflection. Through the analysis of myths, rituals, and archaic beliefs, Kelsen identifies normativity as an original structure…
This article proffers an analysis of hope as a philosophical category, with the aim of providing an epistemological basis for the study and understanding of a normative theory of law. Rather than being a concept limited to theology, philosophical and political reflection on hope broadens the theoretical and practical scope…
The philosophy of intercultural law presents itself as a necessary instrument of enquiry that enables the jurist to navigate the open sea of law and life. The proposed contribution aims at focusing on the relationship extant between philosophy, law and interculture, emphasising some philosophical-legal issues and dimensions such as translation,…
Genealogical expressions give depth to a juridical textual system that is neither arbitrary nor totalitarian, nor solipsistically conforming to hegemonic techno-formal demands, but rather refers to the essential represented by logical-rational-relational functioning. The genealogical question, accompanied by a wealth of meaning, that is to say, by a commitment to transmission…
Among the countless foundational questions regarding the Metaverse, one stands out: Can an avatar be endowed with legal subjectivity? This research aims to answer this question by applying the theoretical paradigm of the philosopher John R. Searle “X counts as Y in C.” In other words, is it possible for…
The paper draws inspiration from an insight by Simone Weil, based on a reflection on the crusade against the Cathars between the 11th and 13th centuries. According to the philosopher, this historical event constitutes a little-studied but decisive watershed between opposing conceptions of man, society, and law, which resolve themselves…
The article offers a critical analysis of Timothy Morton’s “post-environmentalist” theories through the lens of Maurice Merleau-Ponty’s Phenomenology to explore their potential contribution to a philosophy of disability law. The first part investigates the concept of ‘vulnerability’ and how its traditional doctrinal understanding can be deepened through Morton’s speculative thought….
