Giovanni Tuzet
Datos Biográficos
| ID | 462336 |
|---|---|
| NOMBRE | Giovanni Tuzet |
| NOMBRES | Giovanni |
| APELLIDO | Tuzet |
| FIRMA | TUZET G |
| AFILIACIONES | Bocconi University |
| ORCID | 0000-0003-4214-4275 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 22 |
| TOTAL DE CITAS | 6 |
| TOTAL COMO AUTOR | 21 |
| TOTAL COMO EDITOR | 1 |
| PRIMER AÑO DE PUBLICACIÓN | 2009 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2025 |
| ÍNDICE H | 1 |
Is Legal Knowledge Practical
Given the distinction between knowing-that and knowing-how, one could claim that legal knowledge is eminently practical: One who knows the law enjoys some form of knowing-how, namely, how to exercise certain intellectual faculties, or how to perform such activities as interpreting legal texts or arguing a case. I present some arguments to the effect that legal knowledge is not practical, being rather propositional in nature, as knowing-that inste…
Legal nudges and the harm principle
The work develops an analysis of Sunstein’s libertarian paternalism and his critique of Mill’s Harm Principle. It compares three standpoints: (A) the antipaternalism of Mill’s Harm Principle, (B) Sunstein’s libertarian paternalism, and (C) the nonlibertarian paternalism typically exemplified by legal prohibitions. The work claims that, with some qualifications, (B) is compatible with (A), since libertarian paternalism does not generate the obliga…
Scenario Analysis in Karlsruhe
This Article examines scenario analysis, a disruptive argumentation technique used by the German Federal Constitutional Court (GFCC) in recent high-profile cases, such as the so-called climate protection case (Klimaschutz) and other decisions on the fundamental right to intergenerational justice (Grundrecht auf Generationengerechitgkeit). After explaining the basic argumentative steps involved in scenario analysis, for example designing scenarios…
Expert Signs and Legal Burdens
Expert signs and expert evidence generate a justification problem in legal factfinding: factfinders cannot form a justified belief about the relevant matter, nor justify the acceptance of an expert testimony, insofar as they do not understand it. The different profiles of factfinders in different legal systems (with jury trial or not) do not make a substantial difference for the point addressed, namely the epistemic or doxastic impasse generated …
Preponderance, proportionality, stepwise liability
After comparing the preponderance and proportional approaches to adjudication by considering some cases susceptible to being decided in either way, the work develops an in-depth discussion of Lavie's stepwise approach, and points out some major concerns that it poses, namely concerns about conceptual resources, methodology and matters of principle. As to conceptual resources, the work addresses and clarifies what Lavie means by ‘probability’ and …
Evidence law and economics
‘Suspension of Disbelief’
Critical Thinking
Norms and Novelty
The paper has three sub-topics: legal knowledge, legal norms, and evolutionary systems. The three are interconnected. A reflection on the nature of legal knowledge throws light on the nature of legal norms. Legal knowledge is largely a posteriori and it is so because norms are largely contingent. Being a realm of continual change, law has novelty as a fundamental feature. The process of legal change is not driven by chance but by the attempt to f…
The Policy of Evidence
Epistemic and practical interests are often in conflict. This also occurs in institutional settings such as the legal one. Rule 407 of the U.S. Federal Rules of Evidence is an example of that because it sacrifices some epistemic interests in favour of practical ones. It is the rule on subsequent remedial measures (SRM), which is mainly designed to answer a practical concern (reducing accidents) instead of the epistemic one of getting some evidenc…
Inevitable ignorance as a standard for excusability
Philosophical Foundations of Evidence Law
Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economi…
Abduction, IBE and standards of proof
First, the article addresses the claims that Allen and Pardo make on the abductive nature of fact-finding in the framework of relative plausibility, and it considers also whether abduction and inference to the best explanation (IBE) can be taken as the same. Second, the article addresses the critique that IBE/relative plausibility is too weak to comply with the criminal standard of proof. On these issues the article argues that it is inappropriat…
On “The Economy of Research”
Brief introduction to four papers on the economy of research published in this issue of the Transactions. The papers were originally presented in a workshop on the economy of research at Bocconi University, October 5–6, 2017
Analogical Reasoning and Extensive Interpretation
Extensive interpretation of legal provisions is in tension with the prohibition of reasoning by analogy in criminal law, for it is unclear what the difference is between the two. Some scholars claim that they differ from a theoretical point of view, since they do not have the same argumentative structure. On the other hand, the two come to the same result starting from the same legal materials: they justify the extension of a regulation to a case…
Analogy and Exemplary Reasoning in Legal Discourse
Exemplary judges are important for legal theory and legal practice.Still the conception of imitation of exempla as analogical reasoning is criticized here.Imitation as character development may well be more important.Thus, there is, at least, it is argued, one kind of exemplary reasoningnamely, imitative reasoning -that is not coextensive with analogical reasoning.Exempla have educational value, help in theorizing about excellence in adjudication…
The Planning Theory of Law
Planning Theory of Law
Legal Judgment as a Philosophical Archetype
The article addresses three theses on judgment in general and legal judgment in particular, starting from Peirce’s and Dewey’s claims about them. The first thesis, ontological, concerns the content of an act of judgment and says that judgment is about an object instantiating a property (not about a property instantiated by an object). The second, alethic, concerns the relation between judgment and truth and says that judgment is the attribution o…
The Sign of the Four
This paper is a contribution to the study of the four classical Italian pragmatists: Papini, Prezzolini, Vailati and Calderoni. They are seen more as representatives of a pragmatist movement than as singular systematic thinkers. The center of Italian pragmatism was the periodical, Leonardo, where these authors discussed and presented an original and provocative understanding of pragmatist philosophy. Thier understanding of pragmatist philosophy h…
La pratica dei valori. Sulle concezioni pragmatiste delle norme
Fra fine 1800 e inizio 1900 diversi autori discutono il tema delle Scienze normative (Logica, Etica ed Estetica). Un punto ad essi comune č l'idea che la normativitŕ si spieghi in termini di finalitŕ, ma quest'ultima č intesa in modi diversi. L'articolo mette a confronto la posizione platonista di Frege e Husserl con quella pragmatista di Peirce e Ramsey; in particolare, vi č sostenuto che l'interesse del tentativo di Ramsey sta nell'idea di pote…
Che successo ha la veritŕ
The pragmatist theories of truth developed by James and Dewey in some of their writings were not aimed at providing a theory of truth as such, but, rather, a theory of the relationship between belief, action and truth. The same holds for some of Ramsey's texts: rather than identifying truth with practical success, he pointed to the articulation between the success of our actions and the truth of the beliefs on which they are based. Key words: Act…
Philosophical Foundations of Evidence Law
Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economi…
Inevitable ignorance as a standard for excusability
Abduction, IBE and standards of proof
First, the article addresses the claims that Allen and Pardo make on the abductive nature of fact-finding in the framework of relative plausibility, and it considers also whether abduction and inference to the best explanation (IBE) can be taken as the same. Second, the article addresses the critique that IBE/relative plausibility is too weak to comply with the criminal standard of proof. On these issues the article argues that it is inappropriat…
Analogy and Exemplary Reasoning in Legal Discourse
Exemplary judges are important for legal theory and legal practice.Still the conception of imitation of exempla as analogical reasoning is criticized here.Imitation as character development may well be more important.Thus, there is, at least, it is argued, one kind of exemplary reasoningnamely, imitative reasoning -that is not coextensive with analogical reasoning.Exempla have educational value, help in theorizing about excellence in adjudication…
Legal Judgment as a Philosophical Archetype
The article addresses three theses on judgment in general and legal judgment in particular, starting from Peirce’s and Dewey’s claims about them. The first thesis, ontological, concerns the content of an act of judgment and says that judgment is about an object instantiating a property (not about a property instantiated by an object). The second, alethic, concerns the relation between judgment and truth and says that judgment is the attribution o…
Che successo ha la veritŕ
The pragmatist theories of truth developed by James and Dewey in some of their writings were not aimed at providing a theory of truth as such, but, rather, a theory of the relationship between belief, action and truth. The same holds for some of Ramsey's texts: rather than identifying truth with practical success, he pointed to the articulation between the success of our actions and the truth of the beliefs on which they are based. Key words: Act…
La pratica dei valori. Sulle concezioni pragmatiste delle norme
Fra fine 1800 e inizio 1900 diversi autori discutono il tema delle Scienze normative (Logica, Etica ed Estetica). Un punto ad essi comune č l'idea che la normativitŕ si spieghi in termini di finalitŕ, ma quest'ultima č intesa in modi diversi. L'articolo mette a confronto la posizione platonista di Frege e Husserl con quella pragmatista di Peirce e Ramsey; in particolare, vi č sostenuto che l'interesse del tentativo di Ramsey sta nell'idea di pote…
Legal Judgment as a Philosophical Archetype
The article addresses three theses on judgment in general and legal judgment in particular, starting from Peirce’s and Dewey’s claims about them. The first thesis, ontological, concerns the content of an act of judgment and says that judgment is about an object instantiating a property (not about a property instantiated by an object). The second, alethic, concerns the relation between judgment and truth and says that judgment is the attribution o…
The Sign of the Four
This paper is a contribution to the study of the four classical Italian pragmatists: Papini, Prezzolini, Vailati and Calderoni. They are seen more as representatives of a pragmatist movement than as singular systematic thinkers. The center of Italian pragmatism was the periodical, Leonardo, where these authors discussed and presented an original and provocative understanding of pragmatist philosophy. Thier understanding of pragmatist philosophy h…
Planning Theory of Law
The Planning Theory of Law
Analogical Reasoning and Extensive Interpretation
Extensive interpretation of legal provisions is in tension with the prohibition of reasoning by analogy in criminal law, for it is unclear what the difference is between the two. Some scholars claim that they differ from a theoretical point of view, since they do not have the same argumentative structure. On the other hand, the two come to the same result starting from the same legal materials: they justify the extension of a regulation to a case…
Analogy and Exemplary Reasoning in Legal Discourse
Exemplary judges are important for legal theory and legal practice.Still the conception of imitation of exempla as analogical reasoning is criticized here.Imitation as character development may well be more important.Thus, there is, at least, it is argued, one kind of exemplary reasoningnamely, imitative reasoning -that is not coextensive with analogical reasoning.Exempla have educational value, help in theorizing about excellence in adjudication…
Abduction, IBE and standards of proof
First, the article addresses the claims that Allen and Pardo make on the abductive nature of fact-finding in the framework of relative plausibility, and it considers also whether abduction and inference to the best explanation (IBE) can be taken as the same. Second, the article addresses the critique that IBE/relative plausibility is too weak to comply with the criminal standard of proof. On these issues the article argues that it is inappropriat…
On “The Economy of Research”
Brief introduction to four papers on the economy of research published in this issue of the Transactions. The papers were originally presented in a workshop on the economy of research at Bocconi University, October 5–6, 2017
Norms and Novelty
The paper has three sub-topics: legal knowledge, legal norms, and evolutionary systems. The three are interconnected. A reflection on the nature of legal knowledge throws light on the nature of legal norms. Legal knowledge is largely a posteriori and it is so because norms are largely contingent. Being a realm of continual change, law has novelty as a fundamental feature. The process of legal change is not driven by chance but by the attempt to f…
The Policy of Evidence
Epistemic and practical interests are often in conflict. This also occurs in institutional settings such as the legal one. Rule 407 of the U.S. Federal Rules of Evidence is an example of that because it sacrifices some epistemic interests in favour of practical ones. It is the rule on subsequent remedial measures (SRM), which is mainly designed to answer a practical concern (reducing accidents) instead of the epistemic one of getting some evidenc…
Inevitable ignorance as a standard for excusability
Philosophical Foundations of Evidence Law
Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economi…
‘Suspension of Disbelief’
Critical Thinking
Expert Signs and Legal Burdens
Expert signs and expert evidence generate a justification problem in legal factfinding: factfinders cannot form a justified belief about the relevant matter, nor justify the acceptance of an expert testimony, insofar as they do not understand it. The different profiles of factfinders in different legal systems (with jury trial or not) do not make a substantial difference for the point addressed, namely the epistemic or doxastic impasse generated …
Preponderance, proportionality, stepwise liability
After comparing the preponderance and proportional approaches to adjudication by considering some cases susceptible to being decided in either way, the work develops an in-depth discussion of Lavie's stepwise approach, and points out some major concerns that it poses, namely concerns about conceptual resources, methodology and matters of principle. As to conceptual resources, the work addresses and clarifies what Lavie means by ‘probability’ and …
Evidence law and economics
Scenario Analysis in Karlsruhe
This Article examines scenario analysis, a disruptive argumentation technique used by the German Federal Constitutional Court (GFCC) in recent high-profile cases, such as the so-called climate protection case (Klimaschutz) and other decisions on the fundamental right to intergenerational justice (Grundrecht auf Generationengerechitgkeit). After explaining the basic argumentative steps involved in scenario analysis, for example designing scenarios…
Is Legal Knowledge Practical
Given the distinction between knowing-that and knowing-how, one could claim that legal knowledge is eminently practical: One who knows the law enjoys some form of knowing-how, namely, how to exercise certain intellectual faculties, or how to perform such activities as interpreting legal texts or arguing a case. I present some arguments to the effect that legal knowledge is not practical, being rather propositional in nature, as knowing-that inste…
Legal nudges and the harm principle
The work develops an analysis of Sunstein’s libertarian paternalism and his critique of Mill’s Harm Principle. It compares three standpoints: (A) the antipaternalism of Mill’s Harm Principle, (B) Sunstein’s libertarian paternalism, and (C) the nonlibertarian paternalism typically exemplified by legal prohibitions. The work claims that, with some qualifications, (B) is compatible with (A), since libertarian paternalism does not generate the obliga…
Philosophy (13 obras) · Epistemology (12 obras) · Law (11 obras) · Political science (11 obras) · Computer Science (9 obras) · Sociology (7 obras) · Law and economics (6 obras) · Law in Society and Culture (6 obras) · Law, Economics, and Judicial Systems (6 obras) · Judicial and Constitutional Studies (5 obras)