Legal Validity as Doxastic Obligation: From Definition to Normativity

The paper argues for viewing legal validityas a doxastic obligation, i.e. as the obligation toaccept a rule in legal reasoning. This notion of legalvalidity is shown to be both sufficient for thelaywers' needs and neutral in regard to varioustheories of the grounds of validity, i.e. theoriesintended to identify what rules are legally valid, byproposing different grounds for attributing validity.All of these theories, rather then being alternativedefinitions of validity, presuppose the notion hereprovided.This notion is purely normative, but it allows for theconstruction of theories of the grounds of validitywhich give due importance to social expectations andinstitutions. As an example of how this may happen,one such theory is also provided. This theory, whichis presented through a detailed example of a judicialdebate, is based upon the recognition of the(instrumental) value of co-ordination, as thenecessary way to achieve the most valuable purposes ofthe law.     

Accumulation by Dispossession and Its Limits: The Southern Africa Paradigm Revisited

The dispossession of agricultural producers from the land has long been considered a condition of successful capitalist development. The main contention of this paper is that such dispossession has in fact become the source of major developmental handicaps for at least some and possibly many countries of the global South. We develop our argument by focusing on the South(ern) African experience as a paradigmatic outlier case of accumulation by dispossession—that is, as one of its extreme instances capable of highlighting in almost ideo-typical fashion its nature and limits. After reconstructing interpretations of capitalist development in Southern Africa that in the early 1970s established the region as a paradigm of accumulation by dispossession, we discuss how useful these interpretations are for understanding the more recent developmental trajectory of South Africa. We then suggest ways in which these interpretations from the 1970s should be reformulated in light of subsequent developments. We conclude by briefly examining the theoretical and policy implications of the analysis.     

The Role of Legitimizing Ideologies as Predictors of Ambivalent Sexism in Young People: Evidence from Italy and the USA

The studies presented here focus on the relationship between legitimizing ideologies and ambivalent sexism. 544 Italian students (Study 1) and 297 US students (Study 2) completed several scales: social dominance orientation (SDO), system justification (SJ), political orientation, religiosity, and the Glick and Fiske (J Pers Soc Psychol 70(3):491–512, 1996) Ambivalent Sexism Inventory. Zero-order correlations revealed all facets of ideological attitudes to be positively related to each other and correlated with ambivalent sexism. In particular, the SDO was related to both ideology components of SJ and political orientation and to ambivalent sexism (hostile and benevolent). Moderated regressions revealed that SDO has a positive impact on hostile sexism for men only, while SJ has a positive impact on hostile sexism for women only. While the first result was stable across the two studies, the last moderated effect has been detected only in Study 1. We discuss the results with respect to different facets of social ideologies and cultural differences between the two countries.     

Italy's changing defence policy

After the fall of Mubarak, the Muslim Brotherhood (MB) decided to act as a stabilising force, to abandon the street and to lend democratic legitimacy to the political process designed by the army. The outcome of this strategy was that the MB was first ‘burned’ politically and then harshly repressed after having exhausted its stabilising role. The main mistakes the Brothers made were, first, to turn their back on several opportunities to spearhead the revolt by leading popular forces and, second, to keep their strategy for change gradualist and conservative, seeking compromises with parts of the former regime even though the turmoil and expectations in the country required a much bolder strategy.     

Commodities and economic growth

The process of social integration of the people associated with immigrant organisations, and the social (and potentially religious) change that comes with it, present the organisations with the difficult challenge of justifying their legitimacy to various societal actors. This is certainly true of Muslim organisations in Western immigration societies. In Germany, this process is quite clearly reflected within the community of established organisations, which play a part in creating intergenerational change. This is not to say, however, that they will be the only relevant – or even the predominant – actors involved in establishing Islam in Germany in the future, despite their roots in their countries of origin, nor that they will automatically become redundant over time.     

Defending democracy: Reactions to political extremism in inter-war Europe

Abstract. While the strategies of political actors and institutions have been largely analyzed with reference to cases of democratic breakdown, democratic survival has often been viewed as a consequence of socio–economic and cultural 'preconditions'. The analysis of successful reactions to strong extremist challenges in three cases of democratic survival (Czechoslovakia, Finland and Belgium in the inter–war period) against the background of two cases of breakdown in the same historical context (Italy and the Weimar Republic) is a useful complement to this view. The analysis of the selected cases shows how a stable coalition of democratic forces can effectively protect the democratic system from dangerous extremist attacks by pursuing both repressive and inclusive strategies.     

DNA internal standard for the quantitative determination of hallucinogenic plants in plant mixtures

Here, we show a new, simple, and rapid SYBR Green-based Real-Time PCR assay for the quantification of hallucinogenic plants in plant mixtures. As a test plant, Salvia divinorum Epling & Játiva-M., a perennial herb belonging to the Lamiaceae family able to induce hallucinations, changes in perception, or other psychologically induced changes with similar potency as LSD, was used. The method was tested on seven mixtures 100/0%, 80/20%, 60/40%, 40/60%, 20/80%, 10/90%, 0/100% (w/w) S. divinorum versus a non-hallucinogenic plant, Salvia officinalis. Total DNA was extracted from samples and quantified by Real-Time PCR. Arabidopsis thaliana genomic DNA was added, as internal standard, at the beginning of each extraction. A new formula for the interpretation of Real-Time PCR data, based on the relative quantification of DNA extracted from mixture versus a reference DNA extracted from a known amount of pure S. divinorum, was developed. The results of this work show an almost perfect correspondence between Real-Time PCR-calculated weight and the weight estimated by an analytical weighted method, proving the effectiveness of this method for the quantitative analysis of a given species in a plant mixture.     

Property rights and externalities: the uneasy case of knowledge

Drawing from Coase’s methodological lesson, this article discusses the specific case of knowledge, which was for a long time chiefly governed by exchange mechanisms lying outside the market, and has only recently been brought into the market. Its recent, heavy “colonization” by the property paradigm has progressively elicited criticism from commentators who, for various reasons, believe that the market can play only a limited role in pursuing efficiency in the knowledge domain. The article agrees with the enounced thesis and tries to provide an explanation of it that relates to the fact that in specific circumstances property-rights can produce distinct market failures that affect the social cost and can consequently prevent attainment of social welfare. In particular, the arguments set forth here concern three distinct externalities that arise when enforcing a property rights system over knowledge. First, the existence of a property right may itself alter individual preferences and social norms, thus causing specific changes in individuals’ behaviour. Second, the idiosyncratic nature of knowledge, as a collective and inherently indivisible entity, means that its full propertization can be expected to produce significant harm. Third, property rights can cause endogenous drifts in the market structure arising from the exclusive power granted to the right holder: though generally intended as a necessary mechanism for extracting a price from the consumer, in the knowledge domain property rights can become a device for extracting rents from the market.