Everyday Legal Ontology

Everyday Legal Ontology

  • Edoardo Fittipaldi
Publisher:LED Edizioni UniversitarieISBN 13: 9788879166263ISBN 10: 8879166263

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Everyday Legal Ontology is written by Edoardo Fittipaldi and published by LED Edizioni Universitarie. It's available with International Standard Book Number or ISBN identification 8879166263 (ISBN 10) and 9788879166263 (ISBN 13).

1. Everyday legal ontology as a challenge to normative solipsism 1.1. Normative solipsism – 1.2. Three open questions of Petrażycki’s legal theory – 1.3. The subject-matter of this book – 1.4. The major ontological kinds and the way they are mirrored in naïve language 2. Ethical illusions produced by projective processes 2.1. Introduction – 2.2. What can projections explain? – 2.3. Petrażycki’s projective process – 2.4. The degree of stability of projective qualities and its linguistic consequences – 2.5. Two constituents of the stability of projective qualities – 2.6. The connection of subjective stability and intersubjective diffusion with the psychological development of realism 3. Illusions produced by the features of the super-ego 3.1. The limits of Petrażycki’s projective hypothesis – 3.2. The differentiae specificae of ethical emotions – 3.3. Why the explanation here proposed to the illusions of imperatives and prohibitions is different from Petrażycki’s – 3.4. The illusions of norms and the role of the concept of norm as a basic theoretical concept – 3.5. Ethical emotions, aggressiveness and ethical sadism – 3.6. Shame, guilt, pride, anger and indignation – 3.7. Is the hypothesis of a super-ego falsifiable in Popper’s sense? 4. Illusions produced by the features of legal emotions 4.1. Naïve legal entities – 4.2. Moral vs. legal experience – 4.3. Features associated to moral vs. legal experiences, respectively – 4.4. Kinds of legal relationships – 4.4.1. facere-accipere (obligatedness/obligatoriness) – 4.4.2. nonfacere-nonpati (prohibitedness) – 4.4.3. pati-facere (permittedness) – 4.4.4. pati-nonfacere (omissibility) – 4.4.5. Absence-of-ethical-phenomena and ethical indifference – 4.5. Pure attributive phenomena – 4.6. The degree of cognitive salience of the different kinds of legal relationship and the factors conducive to the detachment of debts – 4.6.1. Bilaterality – 4.6.2. Transferability – 4.6.3. Transitoriness – 4.6.4. Fungibility – 4.6.5. Transformability – 4.7. Duties – 4.8. Rights vs. powers? – 4.9. The factors conducive to the detachment of permittednesses/authoritativenesses into illusions of free-standing entities – 4.9.1. Bilaterality – 4.9.2. Transferability – 4.9.3. Transitoriness – 4.9.4-5. Fungibility and transformability – 4.10. Statutes, commands and the wishes of an autocrat – 4.11. The illusions of the amendment of a command/statute – 4.12. A case of undetachment: ownership Appendix: Moneyness as a naïve non-legal phenomenon References Index of names