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Papers by Virginia Presi

Research paper thumbnail of Social and Legal Entities as Phenomena: An Inquiry About the Method of Addressing Boundaries Between Social Ontology and Ontology of Law

Springer, 2024

This Chapter deals with the ontological problem of classifying entities strictly as social or leg... more This Chapter deals with the ontological problem of classifying entities strictly as social or legal. Therefore, the aim is to find a key of access to the unclear boundaries between social ontology and ontology of law. To do this, this Chapter will adopt a history of philosophy approach, offering an inquiry about the nature and the functioning of social and legal entities. It will appeal to Émile Durkheim’s intuition about social fact, Hans Kelsen’s theory about legal assignment of meaning, and Norberto Bobbio’s remarks on phenomenology applied to social sciences. The argument is that sourcing from sociology, social ontology, philosophy of law and phenomenology could represent a turning point to overcome few limits of the systematic ontological classification. In fact, adopting the only ontological perspective on this problem leads the research into the hypothesis whether social ontology is a subset of ontology of law and vice versa. Instead, a broader perspective allows us to grasp the nature of social and legal entities as facts, acts, and phenomena.

Research paper thumbnail of Custom in Action. Ferdinand Tönnies’ Ontology of the Normative

Phenomenology and Mind, Dec 31, 2022

This paper deals with custom in action, namely, with the relationship between custom and action a... more This paper deals with custom in action, namely, with the relationship between custom and action against the background of Amedeo Giovanni Conte's nomotropism. Starting with Frerichs' provocation of the peculiarity of saying 'handeln nach der Sitte' (acting according to custom) in favor of 'sich handelnd nach was üblich ist' (acting after what is usual), this paper will begin an exploratory research regarding the semantics and the ontology of custom to investigate the possibility of a nomotropic behavior in the field of custom. Therefore, this paper will quote, at first, Rudolf von Jhering's theory, and, at second, Ferdinand Tönnies' theory. In conclusion, this paper suggests that an inquiry into custom in action (and in particular Tönnies' ontology of the normative) could benefit from the nomotropic categories of analysis-such as adeontic and deontic regularities.

Research paper thumbnail of Analytical Philosophies of 'Custom': Georg Henrik von Wright and Bruno Celano

MILAN LAW REVIEW, Vol. 5, No. 1, 2024ISSN2724 -3273, 2024

In the tradition of analytical philosophy of norms, the subject of custom has received limited at... more In the tradition of analytical philosophy of norms, the subject of custom has received limited attention. This paper seeks to address whether the term 'custom' denotes a univocal phenomenon or encompasses various normative phenomena due to its polysemy. To this end, this paper examines the prospectives offered by the Finnish philosopher Georg Henrik von Wright and the Italian philosopher of law Bruno Celano. These two analyses offer distinct responses to the question: What do we refer to when we say, 'custom'? Overall, this paper contends that a redefinition of the nature of customs could not be separated from a preliminary analysis of the uses and the meaning of the term 'custom', representing a methodological rephrasing of the research at hand.

Research paper thumbnail of Custom in action. Ferdinand Tönnies's ontology of the normative

PHENOMENOLOGY AND MIND 24 The True, the Valid, the Normative N. 24/2023, 2023

This paper deals with custom in action, namely, with the relationship between custom and action a... more This paper deals with custom in action, namely, with the relationship between custom and action against the background of Amedeo Giovanni Conte’s nomotropism. Starting with Frerichs’ provocation of the peculiarity of saying ‘handeln nach der Sitte’ (acting according to custom) in favor of ‘sich handelnd nach was üblich ist’ (acting after what is usual), this paper will begin an exploratory research regarding the semantics and the ontology of custom to investigate the possibility of a nomotropic behavior in the field of custom. Therefore, this paper will quote, at first, Rudolf von Jhering’s theory, and, at second, Ferdinand Tönnies’ theory. In conclusion, this paper suggests that an inquiry into custom in action (and in particular Tönnies’ ontology of the normative) could benefit from the nomotropic categories of analysis – such as adeontic and deontic regularities.

Research paper thumbnail of Sittengesetz in Rudolf von Jhering

Sociologia del diritto

Nel 2021 la casa editrice Aragno ha pubblicato la traduzione italiana del secondo volume dello Sc... more Nel 2021 la casa editrice Aragno ha pubblicato la traduzione italiana del secondo volume dello Scopo nel diritto (1883, 1886) di Rudolf von Jhering a cura di Mario G. Losano. Il presente contributo nasce dalla volontà di mettere in evidenza i punti salienti del suddetto testo, mettendo in risalto le ragioni che hanno portato alla genesi del secondo volume e il metodo sociologico ante litteram jheringhiano. Dopo aver sottolineato le innovazioni concettuali del secondo volume rispetto al primo, il contributo proporrà un’analisi dettagliata della teoria del costume di Jhering attraverso una quadruplice lettura, ossia il costume come azione sociale, il costume come norma vincolante, il costume come un’istituzione sociale e il costume come un dovere sociale in rapporto alla morale e al diritto. Quantunque Jhering sia reputato come uno degli autori che hanno anticipato alcuni dei temi della sociologia del diritto, il presente contributo argomenterà come alcune intuizioni – in particola...

Conference Presentations by Virginia Presi

Research paper thumbnail of CFA 1st PHILAWSON WORKSHOP Contemporary Views on Social Ontology and Philosophy of Law

CFA 1st PHILAWSON Workshop. Contemporary Views on Social Ontology and Philosophy of Law (Milan 2024), 2024

The 1st Philawson Workshop aims to investigate the intersection of social ontology and the philos... more The 1st Philawson Workshop aims to investigate the intersection of social ontology and the philosophy of law, exploring their philosophical backgrounds, thematic overlaps and correlations between their methodological approaches and theoretical frameworks.

Call for abstracts. Submissions must be prepared for double-blind review. Manuscripts must be written in English and cannot exceed 2.000 words.

Deadline: 10/7/24 via Easy Chair
( https://easychair.org/my/conference?conf=1stplw )

CFP, Congresos, convocatorias by Virginia Presi

Research paper thumbnail of 1st PHILAWSON WORKSHOP: Contemporary Views on Social Ontology and Philosophy of Law

The 1st PHILAWSON WORKSHOP: Contemporary Views on Social Ontology and Philosophy of Law, organise... more The 1st PHILAWSON WORKSHOP: Contemporary Views on Social Ontology and Philosophy of Law, organised by Virginia Presi (Università degli Studi di Milano) and Alba Lojo (Università Roma Tre), emerges from a network of young academics interested in the intersection between the philosophy of law and social ontology, and this will be the first occasion for a face-to-face meeting. The Workshop will explore themes, methods and authors that are part of both social ontology and philosophy of law, sections which will be presented by Paolo Di Lucia and Lorenzo Passerini Glazel, Francesco Guala and Giuseppe Lorini, respectively.

We are also particularly proud to announce an inaugural plenary lecture to be delivered by Andrei Marmor (Cornell University).

Participation in the event is free of charge, subject to registration (by 10 November) at: philawson.network@gmail.com.

Research paper thumbnail of Social and Legal Entities as Phenomena: An Inquiry About the Method of Addressing Boundaries Between Social Ontology and Ontology of Law

Springer, 2024

This Chapter deals with the ontological problem of classifying entities strictly as social or leg... more This Chapter deals with the ontological problem of classifying entities strictly as social or legal. Therefore, the aim is to find a key of access to the unclear boundaries between social ontology and ontology of law. To do this, this Chapter will adopt a history of philosophy approach, offering an inquiry about the nature and the functioning of social and legal entities. It will appeal to Émile Durkheim’s intuition about social fact, Hans Kelsen’s theory about legal assignment of meaning, and Norberto Bobbio’s remarks on phenomenology applied to social sciences. The argument is that sourcing from sociology, social ontology, philosophy of law and phenomenology could represent a turning point to overcome few limits of the systematic ontological classification. In fact, adopting the only ontological perspective on this problem leads the research into the hypothesis whether social ontology is a subset of ontology of law and vice versa. Instead, a broader perspective allows us to grasp the nature of social and legal entities as facts, acts, and phenomena.

Research paper thumbnail of Custom in Action. Ferdinand Tönnies’ Ontology of the Normative

Phenomenology and Mind, Dec 31, 2022

This paper deals with custom in action, namely, with the relationship between custom and action a... more This paper deals with custom in action, namely, with the relationship between custom and action against the background of Amedeo Giovanni Conte's nomotropism. Starting with Frerichs' provocation of the peculiarity of saying 'handeln nach der Sitte' (acting according to custom) in favor of 'sich handelnd nach was üblich ist' (acting after what is usual), this paper will begin an exploratory research regarding the semantics and the ontology of custom to investigate the possibility of a nomotropic behavior in the field of custom. Therefore, this paper will quote, at first, Rudolf von Jhering's theory, and, at second, Ferdinand Tönnies' theory. In conclusion, this paper suggests that an inquiry into custom in action (and in particular Tönnies' ontology of the normative) could benefit from the nomotropic categories of analysis-such as adeontic and deontic regularities.

Research paper thumbnail of Analytical Philosophies of 'Custom': Georg Henrik von Wright and Bruno Celano

MILAN LAW REVIEW, Vol. 5, No. 1, 2024ISSN2724 -3273, 2024

In the tradition of analytical philosophy of norms, the subject of custom has received limited at... more In the tradition of analytical philosophy of norms, the subject of custom has received limited attention. This paper seeks to address whether the term 'custom' denotes a univocal phenomenon or encompasses various normative phenomena due to its polysemy. To this end, this paper examines the prospectives offered by the Finnish philosopher Georg Henrik von Wright and the Italian philosopher of law Bruno Celano. These two analyses offer distinct responses to the question: What do we refer to when we say, 'custom'? Overall, this paper contends that a redefinition of the nature of customs could not be separated from a preliminary analysis of the uses and the meaning of the term 'custom', representing a methodological rephrasing of the research at hand.

Research paper thumbnail of Custom in action. Ferdinand Tönnies's ontology of the normative

PHENOMENOLOGY AND MIND 24 The True, the Valid, the Normative N. 24/2023, 2023

This paper deals with custom in action, namely, with the relationship between custom and action a... more This paper deals with custom in action, namely, with the relationship between custom and action against the background of Amedeo Giovanni Conte’s nomotropism. Starting with Frerichs’ provocation of the peculiarity of saying ‘handeln nach der Sitte’ (acting according to custom) in favor of ‘sich handelnd nach was üblich ist’ (acting after what is usual), this paper will begin an exploratory research regarding the semantics and the ontology of custom to investigate the possibility of a nomotropic behavior in the field of custom. Therefore, this paper will quote, at first, Rudolf von Jhering’s theory, and, at second, Ferdinand Tönnies’ theory. In conclusion, this paper suggests that an inquiry into custom in action (and in particular Tönnies’ ontology of the normative) could benefit from the nomotropic categories of analysis – such as adeontic and deontic regularities.

Research paper thumbnail of Sittengesetz in Rudolf von Jhering

Sociologia del diritto

Nel 2021 la casa editrice Aragno ha pubblicato la traduzione italiana del secondo volume dello Sc... more Nel 2021 la casa editrice Aragno ha pubblicato la traduzione italiana del secondo volume dello Scopo nel diritto (1883, 1886) di Rudolf von Jhering a cura di Mario G. Losano. Il presente contributo nasce dalla volontà di mettere in evidenza i punti salienti del suddetto testo, mettendo in risalto le ragioni che hanno portato alla genesi del secondo volume e il metodo sociologico ante litteram jheringhiano. Dopo aver sottolineato le innovazioni concettuali del secondo volume rispetto al primo, il contributo proporrà un’analisi dettagliata della teoria del costume di Jhering attraverso una quadruplice lettura, ossia il costume come azione sociale, il costume come norma vincolante, il costume come un’istituzione sociale e il costume come un dovere sociale in rapporto alla morale e al diritto. Quantunque Jhering sia reputato come uno degli autori che hanno anticipato alcuni dei temi della sociologia del diritto, il presente contributo argomenterà come alcune intuizioni – in particola...

Research paper thumbnail of CFA 1st PHILAWSON WORKSHOP Contemporary Views on Social Ontology and Philosophy of Law

CFA 1st PHILAWSON Workshop. Contemporary Views on Social Ontology and Philosophy of Law (Milan 2024), 2024

The 1st Philawson Workshop aims to investigate the intersection of social ontology and the philos... more The 1st Philawson Workshop aims to investigate the intersection of social ontology and the philosophy of law, exploring their philosophical backgrounds, thematic overlaps and correlations between their methodological approaches and theoretical frameworks.

Call for abstracts. Submissions must be prepared for double-blind review. Manuscripts must be written in English and cannot exceed 2.000 words.

Deadline: 10/7/24 via Easy Chair
( https://easychair.org/my/conference?conf=1stplw )

Research paper thumbnail of 1st PHILAWSON WORKSHOP: Contemporary Views on Social Ontology and Philosophy of Law

The 1st PHILAWSON WORKSHOP: Contemporary Views on Social Ontology and Philosophy of Law, organise... more The 1st PHILAWSON WORKSHOP: Contemporary Views on Social Ontology and Philosophy of Law, organised by Virginia Presi (Università degli Studi di Milano) and Alba Lojo (Università Roma Tre), emerges from a network of young academics interested in the intersection between the philosophy of law and social ontology, and this will be the first occasion for a face-to-face meeting. The Workshop will explore themes, methods and authors that are part of both social ontology and philosophy of law, sections which will be presented by Paolo Di Lucia and Lorenzo Passerini Glazel, Francesco Guala and Giuseppe Lorini, respectively.

We are also particularly proud to announce an inaugural plenary lecture to be delivered by Andrei Marmor (Cornell University).

Participation in the event is free of charge, subject to registration (by 10 November) at: philawson.network@gmail.com.