The counter majoritarian difficulty is one of the main objections against the judicial review. In this paper, this objection is analyzed from the standpoint of the norm formulation/norm distinction. By stressing the distinc- tion between norm formulations and norms, I claim that when judicial review prevents the application of a norm to an individual case the counter majoritarian difficulty objection does not hold.

This paper puts forward three critiques of pardo’s second-order proof rules thesis. The first criticism states that these rules are not suitable to guide the interpretation of standards of proof rules because they confuse matters of legal interpretation with matters of epistemology. The second criticism states that second-order proof rules are affected by the same indeterminacy problems they are designed to resolve, thereby rendering them unsuitable for the task they are purposely designed for. The third criticism renders pardo’s proposal redundant. (...) a reconceptualization of second-order proof rules is offered. (shrink)

In the field of Evidence Law the relation between truth and law has been a somewhat non- debated topic in the past years. It is a given that such a connection exists and, it is understood as the notion of the ascertainment of the truth of disputed questions of fact through legal evidence. The thesis that I have reconstructed in this paper has been presented by Prof. Jordi Ferrer who grounds the connection between truth and law in the role of (...) the legal system as a tool for guiding the behavior of the governed. I call this thesis the theory of the structural clause of truth. In this paper I shall present a possible reconstruction of this theory, I shall raise two objections against it and I shall present five possible interpretations of the relation between truth and law. (shrink)

ABSTRACT This article interprets a recently recovered manuscript, Tratado de astronomía y la reformaçión del tiempo, composed by Antonio Sánchez in New Granada c.1696, in the context of the Spanish and Renaissance cosmographies. Sánchez’s Tratado proposes a spherical astronomy, in which celestial bodies – including comets — move in orbs containing pyramidal knots that explain the changing speed observed in the motion of planets. From this astronomy and following the peninsular style of repertorios, Sánchez derives two major conclusions: the corrected (...) length of the solar year and a revised birth date of Jesus. Taking as center of reference Vélez, where Sánchez was based, these claims led to conclusions in domains ranging from calendric astronomy to eschatology, including the incorporation of the indigenous peoples into salvation narrative and a demonstration of the arrangement of the celestial orbs at the Last Judgment. Sánchez’s Tratado constitutes an expansion of the Spanish mathematical cosmography that sheds light on the production of knowledge in the Spanish-American world and, at the same time, provides elements to reassess our understanding of the global circulation of Renaissance and early modern ideas. (shrink)

The Uniform Determination of Death Act (UDDA) provides that “an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the (...) other, what matters is the cessation of both spontaneous and artificially supported functions. Because each UDDA criterion uses a different interpretation, the law is conceptually inconsistent. A single consistent interpretation would lead to the conclusion that conscious individuals whose respiratory and circulatory functions are artificially supported are actually dead, or that individuals whose brain is entirely and irreversibly destroyed may be alive. We explore solutions to mitigate the inconsistency. (shrink)

What should we believe when epistemic and practical reasons pull in opposite directions? The traditional view states that there is something that we ought epistemically to believe and something that we ought practically to (cause ourselves to) believe, period. More recent accounts challenge this view, either by arguing that there is something that we ought simpliciter to believe, all epistemic and practical reasons considered (the weighing view), or by denying the normativity of epistemic reasons altogether (epistemic anti-normativism). I argue against (...) both accounts and defend the traditional view. An agent can be blameworthy in doxastic dilemmas for complying with their practical but not their epistemic reasons. This reveals how epistemic reasons are normative: the concept of epistemic blame helps us track epistemic normativity. (shrink)

As touch remains commonly defined by the closeness it physically implies and it rhetorically evokes, the mere notion of distant touch and of distal haptic perception seems peculiar. But Aristotle’s perspective, which I wish to take as a point of departure, is firm: we perceive the objects of touch, the hot and the cold, the hard and the soft, the curved and the sharp, through other things: δι' ἑτέρων. In this article, I would like to explore this ἕτερος by showing (...) how the otherness of perception always implies an intermediary, a middle point (μέσος), i.e. an other not so other, an other that is able to translate the much more distant otherness of the perceived object. To explore these forgotten layers of alterity that fall into what we commonly conceive of as the impalpable emptiness of distance, I propose to study the idea of distant touch from the perspective of phenomenological aesthetics. In order to do so, I will first examine some aspects of the Husserlian account of perception and will then focus on the phenomenology of distant touch in Alejandra Costamagna’s novel El Sistema del Tacto [The System of Touch] (2018). (shrink)

Background: Several countries have recently changed their model of consent for organ donation from opt-in to opt-out. We undertook a systematic review to determine public knowledge and attitudes towards these models in Europe. Methods: Six databases were explored between 1 January 2008 and 15 December 2017. We selected empirical studies addressing either knowledge or attitudes towards the systems of consent for deceased organ donation by lay people in Europe, including students. Study selection, data extraction, and quality assessment were conducted by (...) two or more reviewers independently. Findings: Awareness of the consent model was lower in opt-out countries than in opt-in countries. A majority of the public agrees with opt-in, regardless of the law in their own country. There are ambivalent attitudes regarding the opt-out system. The public tend to prefer opt-in and mandatory choice over opt-out when several options are offered. Interpretation: The assumption that people in opt-out countries are aware of the legal requirements to be excluded from the pool of potential donors is not supported by the results of this review. This is a concern, since ignorance hinders people's autonomy regarding organ donation decision-making. Higher awareness of consent model in opt-in countries may reflect greater efforts to inform the public through campaigns to motivate donation. Legal moves towards opt-out are at odds with people's expressed preferences. Main limitations of this review are the lack of data from some countries, study population heterogeneity, and methodological shortcomings. (shrink)

Sebastian Schmidt (Zürich) fragt in seinem Beitrag »Wie vernünftig sind Verschwörungstheoretiker?«, wie es um die Vernunft derjenigen steht, die einer Verschwörungstheorie über die Corona-Pandemie anhängen. Im Umgang mit Corona scheint sich zu bestätigen, was die Psychologie seit Jahrzehnten lehrt: Menschen unterliegen in ihrem Denken kognitiven Fehlern und Verzerrungen. Doch ist verschwörungstheoretisches Denken, das solche Fehler ebenfalls begeht, deshalb irrational? Schmidt warnt davor, einander zu leichtfertig als irrational zu betrachten, und verweist auf die wichtige Rolle, die intellektuelles Vertrauen in Wissensgemeinschaften spielt. (...) Am Beispiel des sogenannten Bestätigungsfehlers führt er aus, dass Menschen, die ihre Überzeugungen nicht fortwährend kritisch prüfen, in diesem Verhalten durchaus rational sein können. (shrink)

Alireza Bagheri supports a policy on organ procurement where individuals could choose their own definition of death between two or more socially accepted alternatives. First, we claim that such a policy, without any criterion to distinguish accepted from acceptable definitions, easily leads to the slippery slope that Bagheri tries to avoid. Second, we suggest that a public discussion about the circumstances under which the dead donor rule could be violated is more productive of social trust than constantly moving the line (...) between life and death. (shrink)

Laura Specker Sullivan (2022) makes a fairly compelling case for the value of the perspectives of Buddhist practitioners in neuroethics. In this study, Tibetan Buddhist monks have been asked, among other things, whether consciousness, in brain-injured patients in a minimally conscious state, entails a duty to preserve life. In our view, some of the participants’ responses could be used to inform the bioethical debate on death determination.

Conceptual engineering is the enterprise of evaluating and improving our representational devices. But how should we conduct this enterprise? One increasingly popular answer to this question proposes that conceptual engineering should proceed in terms of the functions of our representational devices. In this paper, we argue that the best way of understanding this suggestion is in terms of normative functions, where normative functions of concepts are, roughly, things that they allow us to do that matter normatively (for example, things in (...) virtue of which we have normative reasons to have these concepts). Not only does this introduce a novel view about functions to the literature. This proposal also fits more naturally than the alternatives with conceptual engineering as a normative enterprise, and it allows functions to play all of the explanatory roles assigned to them in the conceptual engineering literature. Our discussion of the explanatory advantages of normative functions also advances the understanding of the ways in which concepts can be authoritative, what this means for conceptual engineering, and highlights the importance of political philosophy for thinking about conceptual engineering in practice. Furthermore, the paper explicates what kind of role considerations about function can and should actually play in conceptual engineering. (shrink)

This dissertation focuses on teleology and functions in biology. More precisely, it focuses on the scientific legitimacy of teleofunctional attributions and explanations in biology. It belongs to a multi-faceted debate that can be traced back to at least the 1970s. One aspect of the debate concerns the naturalization of functions. Most authors try to reduce, translate or explain functions and teleology in terms of efficient causes so that they find their place in the framework of the natural sciences. Our approach (...) here is radically different, as we question the premise that teleological explanations are disguised causal explanations. On the contrary, we defend that they are acceptable in natural sciences and in biology in particular. We challenge the idea that teleological explanations are immature causal explanations, as well as the idea that teleology and functions are some sort of intentional explanations. We therefore reject the accusations of anthropomorphism, vitalism and finalism. On the contrary, we defend that teleology, causality and intentionality correspond to different, autonomous and complementary modes of representation of the outside world. -/- ———[FRANÇAIS]——— -/- Ce travail de thèse porte sur la téléologie et les fonctions en biologie. Plus précisément, il porte sur la légitimité scientifique des attributions et des explications téléofonctionnelles en biologie. Il s’inscrit dans le cadre d’un débat à plusieurs facettes que l’on peut faire remonter au moins jusqu’aux années 1970 et qui est encore très actif aujourd’hui. L’un des aspects du débat porte sur la naturalisation des fonctions, c’est-à-dire sur la manière de les réduire, de les traduire ou de les expliciter en termes de causes efficientes de sorte qu’elles trouvent leur place dans le cadre des sciences de la nature. Notre approche ici est radicalement différente, car nous remettons en question la prémisse selon laquelle les explications téléologiques seraient des explications causales déguisées. Nous défendons au contraire qu’elles sont acceptables en tant que telles aussi bien de façon générale que dans le domaine scientifique et en particulier en biologie. De façon générale, nous remettons en question l’idée selon laquelle la pensée téléologique serait une pensée causale immature, ainsi que sa dépendance présumée vis-à-vis de la psychologie, c’est-à-dire de l’intentionnalité. Nous rejetons donc les accusations d’anthropomorphisme, de vitalisme et de finalisme formulées contre elle. Nous défendons au contraire que la téléologie, la causalité et l’intentionnalité correspondent à des modes différents, autonomes et complémentaires de représentation du monde extérieur. (shrink)

This paper discusses the nonconceptual theory of mystical ineffability which claims that mystical experiences can’t be expressed linguistically because they can’t be conceptualized. I discuss and refute two objections against it: (a) that unconceptualized experiences are impossible, and (b) that the theory is ad hoc because it provides no reason for why mystical experiences should be unconceptualizable. I argue against (a) that distinguishing different meanings of ‘object of experience’ leaves open the possibility of non-empty but objectless nonconceptual experiences. I show (...) that (b) is a valid objection but can be countered by a new theory of mystical non-conceptuality: mystical experiences are not conceptual because the specific mode of mystical consciousness prevents conceptualization. The dissolution of the subjectivity of consciousness during mystical experiences undermines the very foundation of the possibility of conceptual thought and thus renders them ineffable. (shrink)

Nelson Goodman observed that we use only certain ‘good’ (viz. projectible) predicates during reasoning, with no obvious demarcation criterion in sight to distinguish them from the bad and gruesome ones. This apparent arbitrariness undermines the justifiability of our reasoning practices. Inspired by Quine’s 1969 paper on Natural Kinds, Peter Gärdenfors proposes a cognitive criterion based on his theory of Conceptual Spaces (CS). He argues the good predicates are those referring to natural concepts, and that we can capture naturalness in terms (...) of similarity. In contrast to Quine, he does not primarily rely on logic, but geometry. He frames his account as a descriptive project, however, and it is not obvious how it addresses the normative dimension of Goodman’s Riddle. This paper develops a charitable reconstruction of his argument, based on the idea that the instrumental success of our projectible concepts is grounded in their cognitive-pragmatic naturalness. It then explores three lines of reasoning against the argument: Evolutionarily motivated skepticism, the miracles argument, and the relation between instrumental and pragmatic success. I conclude that in its current form, the CS account fails to provide any justification of reasoning beyond appealing to its instrumental success, and that a metaphysically robust notion of naturalness helps to achieve the desired goal. (shrink)

The classification of preserved hypothalamic activity in brain death and brainstem death as functional or non-functional has become a subject of debate. While proponents of the neurological criterion claim that these activities lack functional significance (Shemie et al. 2014), Nair-Collins and Joffe (2023) argue for their functional physiological role. However, the interpretation of the term "function" within the medico-legal framework, where death is characterized by the irreversible cessation of all brain functions, remains unclear. -/- My intention here is not to (...) engage in a debate over the validity of different viewpoints regarding the functional significance of preserved activities in the hypothalamus or the heart. Rather, I aim to highlight the critical importance of exploring and defining the concept of function in medicine, which currently lacks clarity. My point is that, whatever our position in the brain death debate, reaching a consensus on this conceptual matter would minimize misunderstandings and establish a robust foundation for further insightful analysis. (shrink)

It has been argued that rationality consists in responding correctly to reasons. Recent defenses of the normativity of rationality assume that this implies that we always ought to be rational. However, this follows only if the reasons rationality requires us to correctly respond to are normative reasons. Recent meta-epistemological contributions have questioned whether epistemic reasons are normative. If they were right, then epistemic rationality wouldn’t provide us with normative reasons independently of wrong-kind reasons to be epistemically rational. This paper spells (...) out this neglected challenge for the normativity of epistemic rationality by connecting the two bodies of literature. Moreover, it generalizes this challenge to the rationality of desire, intention, and emotion. The upshot is that we can only answer the normative question about rationality if we debate about blame and accountability for holding different kinds of irrational attitudes, as well as about the sources of mental normativity. (shrink)

Introduction to edited volume on vitalism and/in the life sciences, 1800-2010.

ABSTRACT The difference between perception and cognition seems introspectively obvious in many cases. Perceiving and thinking have also been assigned quite different roles, in epistemology, in theories of reference and of mental content, in philosophy of psychology, and elsewhere. Yet what is the nature of the distinction? In what way, or ways, do perception and cognition differ? The paper reviews recent work on these questions. Four main respects in which perception and cognition have been held to differ are discussed. First, (...) their phenomenal character, such as the often-remarked vivacity or immediacy of perception. Second, the way in which they represent the world, e.g. the non-propositional nature of the contents, or non-discursive character of the vehicles, that have been held to characterise perceptual representation. Third, their place in cognitive architecture, i.e., roughly, in the information-flow of the mind, such as their alleged (non-)modularity. Fourth, their mind-world relations, e.g. the way in which perceptions seem to be tightly causally linked with distal or proximal stimuli. Against this background, we distinguish some main options for an account of the perception/cognition distinction, in particular concerning whether there is one, several, or no interesting and principled distinction(s) to be drawn here. (shrink)

Speech Acts, Criteria and Intentions What makes a speech act a speech act? Which are its necessary and sufficient conditions? I claim in this paper that we cannot find an answer to those questions in Austin's doctrine of the infelicities, since some infelicities take place in fully committing speech acts, whereas others prevent the utterance from being considered as a speech act at all. With this qualification in mind, I argue against the idea that intentions—considered as mental states accomplishing a (...) causal role in the performance of the act—should be considered among the necessary conditions of speech acts. I would thus like to deny a merely ‘symptomatic’ account of intentions, according to which we could never make anything but fallible hypotheses about the effective occurrence of any speech act. I propose an alternative ‘criterial’ account of the role of intentions in speech acts theory, and analyse Austin's and Searle's approaches in the light of this Wittgensteinian concept. Whether we consider, with Austin, that speech acts ‘imply’ mental states or, with Searle, that they ‘express’ them, we could only make sense of this idea if we considered utterances as criteria for intentions, and not as alleged behavioural effects of hidden mental causes. (shrink)

It is often argued that there are no practical reasons for belief because we could not believe for such reasons. A recent reply by pragmatists is that we can often believe for practical reasons because we can often cause our beliefs for practical reasons. This paper reveals the limits of this recently popular strategy for defending pragmatism, and thereby reshapes the dialectical options for pragmatism. I argue that the strategy presupposes that reasons for being in non-intentional states are not reducible (...) to reasons to act. Pragmatists who want to preserve a motivational constraint on reasons therefore have exactly two options: either arguing that there are irreducible reasons for being in non-intentional states ; or arguing that we can believe directly for practical reasons. I argue that the prospects for the former option are dim because irreducible reasons to be in states are hard to square with the motivational constraint on reasons. Returning to the more traditional route of arguing for pragmatism by defending a version of doxastic voluntarism therefore seems to be the more promising way for pragmatists to go. (shrink)

How can we be responsible for our attitudes if we cannot normally choose what we believe, desire, feel, and intend? This problem has received much attention during the last decades, both in epistemology and ethics. Yet its connections to discussions about reasons and rationality have been largely overlooked. This book develops the foundations of an ethics of mind by investigating the responsibility that is presupposed by the requirements of rationality that govern our attitudes. It has five main goals. First, it (...) reinterprets the problem of responsibility for attitudes as a problem about the normativity of rationality. Second, it connects substantive and structural rationality by drawing on debates about responsibility. Third, it supports recent accounts of the normativity of rationality by explicitly defending the view that epistemic reasons and other ‘right-kind’ reasons are genuine normative reasons. Fourth, it breaks the stalemate between rationalist and voluntarist accounts of mental responsibility by proposing a hybrid view. Finally, it argues that irrationality can warrant moral blame, thus revealing an unnoticed normative force of rational requirements. Length of manuscript: 85,000 words. (shrink)

Is the boundary between the normal and the pathological real or fiction? Are health and disease just a matter of fact or are they value-laden? Here we present some examples of how alleged diseases can be invented and propagated by the industry (disease mongering) or by the methodology of medical science itself. We show that the boundary between health and disease is blurred and depends on individual and social representations, culture relative ways of categorising things and people, and by the (...) society’s degree of medicalisation. However, we do not mean that it is not real, rather that it is more complex than expected, as the subjectivity of social constructions and individual experiences makes them no less real. Finally, we conclude that health and disease belong to both objective and subjective kinds of reality, so the fictional can be real. (shrink)

Meta-ethical expressivism was traditionally seen as the view that normative judgements are not beliefs. Recently, quasi-realists have argued, via a minimalist conception of “belief”, that expressivism is fully compatible with normative judgements being beliefs. This maneuver is successful, however, only if quasi-realists have really offered an expressivist-friendly account of belief that captures all platitudes characterizing belief. But, quasi-realists’ account has a crucial gap, namely how to account for the propositional contents of normative beliefs in an expressivist-friendly manner. In particular, quasi-realists (...) haven’t yet developed their preferred option, a “minimalist” or “deflationist” account of such contents. This paper aims to close that gap. I argue that expressivists who accepts conceptual role semantics and use an account of that-clauses in their use in belief-attributions based on Wilfrid Sellars’ work can give a deflationary account of the contents of beliefs that is compatible with normative judgements being beliefs, even if expressivism is true. (shrink)

In having an experience one is aware of having it. Having an experience requires some form of access to one's own state, which distinguishes phenomenally conscious mental states from other kinds of mental states. Until very recently, Higher-Order (HO) theories were the only game in town aiming at offering a full-fledged account of this form of awareness within the analytical tradition. Independently of any objections that HO theories face, First/Same-Order (F/SO) theorists need to offer an account of such access to (...) become a plausible alternative. My aim in this paper is twofold. In the first place, I wish to widen the logical space of the discussion among theories of consciousness by offering a distinction, orthogonal to that between F/SO and HO theories, between what I will call 'Self-Involving' (SI) and 'Mental-State-Involving' (MSI) theories and argue in favor of the former one. In the second place, I will present the basics of a characterization of such a Self-Involving theory in Same-Order terms. (shrink)

This paper argues for the normative significance of attention. Attention plays an important role when describing an individual’s mind and agency, and in explaining many central facts about that individual. In addition, many in the public want answers and guidance with regard to normative questions about attention. Given that attention is both descriptively central and the public cares about normative guidance with regard to it, attention should be central also in normative philosophy. We need an ethics of attention: a field (...) of study of which normative pressures, if any, govern attention. Like the ethics of belief, the ethics of attention will connect those normative questions to issues regarding the nature of attention, i.e. to what is subject to such normative pressures. Philosophers should develop an ethics of attention that helps to provide normative guidance and that is commensurate in its richness to the descriptive significance of attention. The second half of the paper sketches a framework that may help us to get started at developing the ethics of attention. (shrink)

Eva Schmidt argues that facts about incoherent beliefs can be non-evidential epistemic reasons to suspend judgment. In this commentary, I argue that incoherence-based reasons to suspend are epistemically superfluous: if the subjects in Schmidt’s cases ought to suspend judgment, then they should do so merely on the basis of their evidential reasons. This suggests a more general strategy to reduce the apparent normativity of coherence to the normativity of evidence. I conclude with some remarks on the independent interest that reasons-first (...) epistemology might have within an evidentialist framework. (shrink)

The author defends the claim that there are cases in which we should promote irrationality by arguing (1) that it is sometimes better to be in an irrational state of mind, and (2) that we can often influence our state of mind via our actions. The first claim is supported by presenting cases of irrational _belief_ and by countering a common line of argument associated with William K. Clifford, who defended the idea that having an irrational belief is always worse (...) than having a rational one. In support of the second claim, the author then explains how the control we have over our beliefs could look like. In conclusion, the author suggests that the argument of this essay is not restricted to the irrationality of beliefs, but can be applied to irrational states of mind in general. In an outlook on the “ethics of belief” debate, the author points out that the argument of this essay need not conflict with evidentialism, but does so when combined with another plausible claim about the meaning of doxastic ought-statements. (shrink)

The work of Emmanuel Levinas has been both abundantly recognized and criticized in moral philosophy. This Janus-faced attitude is also present in ecological theories, which find fertile ground in Levinas’ thought without being able to explain its apparent anthropocentrism. Opposing hermeneutical paths tend to focus either on otherness as an absolute alterity, implying a potentially unlimited responsibility for all alterities, or on otherness as a re-foundation of humanism, leading to the conclusion that responsibility is unlimited only among humans. Here I (...) seek to disentangle Levinas from these two extreme interpretations, first by reviewing ecological readings of his philosophy, in both the Francophone and Anglophone spheres, and second by analyzing specific Levinasian terms that might be particularly helpful for a non-anthropocentric or deep ecology. The main results of this investigation are a distinction between the ethics of responsibility and the ethics of vulnerability, an explanation of Levinasian compulsory or methodological humanism, and a schematic model of sensibility as enjoyment/vulnerability capable of supporting deep ecology without the traditional notions of free will, rights, or values. (shrink)

Cognitive theories claim, whereas non-cognitive theories deny, that cognitive access is constitutive of phenomenology. Evidence in favor of non-cognitive theories has recently been collected by Block and is based on the high capacity of participants in partial-report experiments compared to the capacity of the working memory. In reply, defenders of cognitive theories have searched for alternative interpretations of such results that make visual awareness compatible with the capacity of the working memory; and so the conclusions of such experiments remain controversial. (...) Instead of entering the debate between alternative interpretations of partial-report experiments, this paper offers an alternative line of research that could settle the discussion between cognitive and non-cognitive theories of consciousness. Here I relate the neural correlates of cognitive access to empirical research into the neurophysiology of dreams; cognitive access seems to depend on the activity of the dorsolateral prefrontal cortex. However, that area is strongly deactivated during sleep; a period when we entertain conscious experiences: dreams. This approach also avoids the classic objection that consciousness should be inextricably tied to reportability or it would fall outside the realm of science. (shrink)

Saying that x is ineffable seems to be paradoxical – either I cannot say anything about x, not even that it is ineffable – or I can say that it is ineffable, but then I can say something and it is not ineffable. In this article, I discuss Alston’s version of the paradox and a solution proposed by Hick which employs the concept of formal and substantial predicates. I reject Hick’s proposal and develop a different account based on some passages (...) from Pseudo-Dionysius’ Mystica Theologia. ‘God is ineffable’ is a metalinguistic statement concerning propositions about God: not all propositions about God are expressible in a human language. (shrink)

In Ancient Greece, the figure of the hero was identified as a demigod, possessed of altruistic and virtuous deeds. When Pierre de Coubertin reinstated the Olympic Games, the athlete was personified as a modern hero. Its antithesis, the anti-hero, has more virtue that defects, no evil but he does not care on the means to achieve his goals. In the eyes of everyone involved in sports competition, these characters captivate and at the same time, create conflicts of ethics and aesthetics. (...) The purpose of this paper is to perform an ethical reflection linked to principles that contribute for the human growth and accomplishment, as well as the aesthetic on the perception of the sensitive, reverberated by sensations and feelings emerging from athletes. Connecting the ethic with the aesthetic spheres, we could have in the sports a phenomenon walking toward a common point between moral and aesthetic, between the good and the beauty. (shrink)

In this paper, I analyze the concept of ineffability: what does it mean to say that something cannot be said? I begin by distinguishing ineffability from paradox: if something cannot be said truly or without contradiction, this is not an instance of ineffability. Next, I distinguish two different meanings of ‘saying something’ which result from a fundamental ambiguity in the term ‘language’, viz. language as a system of symbols and language as a medium of communication. Accordingly, ‘ineffability’ is ambiguous, too, (...) and we should make a distinction between weak and strong ineffability. Weak ineffability is rooted in the deficiencies of a particular language while strong ineffability stems from the structure of a particular cognitive system and its capacities for conceptual mental representation. Mental contents are only sayable if we are able to conceptualize them and then create signs to represent them in communication. (shrink)

50 years after its introduction, brain death remains controversial among scholars. The debates focus on one question: is brain death a good criterion for determining death? This question has been answered from various perspectives: medical, metaphysical, ethical, and legal or political. Most authors either defend the criterion as it is, propose some minor or major revisions, or advocate abandoning it and finding better solutions to the problems that brain death was intended to solve when it was introduced. Here I plead (...) for a different approach that has been overlooked in the literature: the philosophy of science approach. Some scholars claim that human death is a matter of fact, a biological phenomenon whose occurrence can be determined empirically, based on science. We should take this claim seriously, whether we agree with it or not. The question is: how do we know that human death is a scientific matter of fact? Taking the philosophy of science approach means, among other things, examining how the determination of human death became an object of scientific inquiry, exploring the nature of the brain death criterion itself, and analysing the meaning of its core concepts such as “irreversibility” and “functions”. (shrink)

I argue that the problem of responsibility for attitudes is best understood as a puzzle about how we are responsible for responding to our object-given reasons for attitudes – i.e., how we are responsible for being (ir)rational. The problem can be solved, I propose, by understanding the normative force of reasons for attitudes in terms of blameworthiness. I present a puzzle about the existence of epistemic and mental blame which poses a challenge for the very idea of reasons for attitudes. (...) We are left with three options: denying that there are any reasons for attitudes, opting for pragmatism about reasons for attitudes, or arguing that the challenge rests on a misunderstanding of the normative force of reasons for attitudes. I finally suggest a version of the last strategy. We can understand the normative force of reasons for attitudes, and thereby solve the problem of mental responsibility, by acknowledging that the way we blame each other for failing to respond correctly to our reasons for attitudes is different from the way we blame each other when one failed to respond correctly to reasons for action. (shrink)

Objectives To increase postmortem organ donation rates, several countries are adopting an opt-out (presumed consent) policy, meaning that individuals are deemed donors unless they expressly refused so. Although opt-out countries tend to have higher donation rates, there is no conclusive evidence that this is caused by the policy itself. The main objective of this study is to better assess the direct impact of consent policy defaults per se on deceased organ recovery rates when considering the role of the family in (...) the decision-making process. This study does not take into account any indirect effects of defaults, such as potential psychological and behavioural effects on individuals and their relatives. -/- Design Based on previous work regarding consent policies, we created a conceptual model of the decision-making process for deceased organ recovery that included any scenario that could be directly influenced by opt-in or opt-out policies. We then applied this model to internationally published data of the consent process to determine how frequently policy defaults could apply. -/- Main outcome measures We measure the direct impact that opt-in and opt-out policies have per se on deceased organ recovery. -/- Results Our analysis shows that opt-in and opt-out have strictly identical outcomes in eight out of nine situations. They only differ when neither the deceased nor the family have expressed a preference and defaults therefore apply. The direct impact of consent policy defaults is typically circumscribed to a range of 0%–5% of all opportunities for organ recovery. Our study also shows that the intervention of the family improves organ retrieval under opt-in but hinders it under opt-out. -/- Conclusions This study may warn policy makers that, by emphasising the need to introduce presumed consent to increase organ recovery rates, they might be overestimating the influence of the default and underestimating the power granted to families. (shrink)

Broome takes the debate on rationality to be concerned with the ordinary use of 'rational'. I argue that this is at best misleading. For the object of current theories of rationality is determined by a specific use of 'rational' that is intimately connected to blame and praise. I call the property it refers to 'rationalityRESP'. This focus on rationalityRESP, I argue, has two significant implications for Broome's critique of theories of rationality as reasons-responsiveness. First, rationalityRESP is plausibly conceived of as (...) a kind of reasons-responsiveness. Secondly, Broome's dispute with internalists about normativity as well as his dispute with externalists about rationality both hinge on questions regarding the concept of responsibility. I conclude that philosophers should integrate discussions about responsibility in their debates about rationality. (shrink)

Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and data collection (...) were performed by two or more independent reviewers for each record. -/- Results: Of the 1482 results, 467 studies were assessed in full-text form, and 33 were included in this synthesis. When the deceased has not expressed any preference, a majority of the public support the family's role as a surrogate decision-maker. When the deceased expressly consented, the respondents' answers depend on whether they see themselves as potential donors or as a deceased's next-of-kin. Answers also depend on the relationship between the deceased and the decision-maker(s) within the family, and on their ethnic or cultural background. -/- Conclusions: Public views on the authority of the family in organ donation decision-making require further research. A common conceptual framework and validated well-designed questionnaires are needed for future studies. The findings should be considered in the development of Government policy and guidance regarding the role of families in deceased organ donation. (shrink)

Many of our attitudes are non-culpable: there was nothing that we should have done to avoid holding them. I argue that we can still be blameworthy for non-culpable attitudes: they can impair our relationships in ways that make our full practice of apology and forgiveness intelligible. My argument poses a new challenge to indirect voluntarists, who attempt to reduce all responsibility for attitudes to responsibility for prior actions and omissions. Rationalists, who instead explain attitudinal responsibility by appeal to reasons-responsiveness, can (...) make sense of blameworthiness for non-culpable attitudes. In response, voluntarists could propose a revision of our actual practices. This would lead us into a quite different debate. (shrink)

El presente estudio busca describir fenomenológicamente la forma que exhibe la pena en el cuerpo, después de la pérdida de un ser querido. Para esto, se consideran las hipótesis de movimiento centrı́peto orientado a la autoafección, y movimiento centrı́fugo aludido a la ruptura de la intercorpereidad. Ambos movimientos, hacen referencia a la sensación ambigua que el cuerpo vive en la pena asociados a la presencia y ausencia del otro que ya no está, ya que el dolor provee un estado de (...) desincronización temporal que vuelve simultáneos el presente-pasado y presente-futuro. Esto trae como consecuencias, la contracción y extensión del cuerpo a partir de la maleabilidad de sus propios lı́mites. (shrink)

In spite of being ubiquitous in life sciences, the concept of information is harshly criticized. Uses of the concept other than those derived from Shannon's theory are denounced as pernicious metaphors. We perform a computational experiment to explore whether Shannon's information is adequate to describe the uses of said concept in commonplace scientific practice. Our results show that semantic sequences do not have unique complexity values different from the value of meaningless sequences. This result suggests that quantitative theoretical frameworks do (...) not account fully for the complex phenomenon that the term “information” refers to. We propose a restructuring of the concept into two related, but independent notions, and conclude that a complete theory of biological information must account completely not only for both notions, but also for the relationship between them. (shrink)

According to ordinary language philosophy (OLP), philosophical problems can be solved by investigating ordinary language, often because the problems stem from its misuse. According to ideal language philosophy (ILP), on the other hand, philosophical problems exist because ordinary language is flawed and has to be improved or replaced by constructed languages that do not exhibit these flaws. OLP and ILP together make up linguistic philosophy, the view that philosophical problems are problems of language. Linguistic philosophy is opposed to what may (...) be called, for lack of a better word, ‘traditional philosophy’ (TP), the view that philosophical problems can be solved by discovering non-linguistic facts. In the following, OLP, ILP, and TP are taken to be methodologies, that is, frameworks in which to interpret and evaluate different philosophical methods (i.e., argumentative strategies). The two linguistic methodologies are discussed separately with TP as a foil, and then used to interpret the status of different philosophical methods. While each of the methods discussed here finds a plausible interpretation in each methodology, there are other arguments for and against linguistic philosophy in general, and for and against ILP and OLP in particular. As none of these arguments is decisive, I conclude with a superficial moral about peaceful co-existence. (shrink)

El paper realiza una exposición sobre el concepto y contenido de la nulidad y el restablecimiento del derecho como medio de control a la luz de la Ley 1437 de 2011; enfocándola en asuntos ambientales a través del estudio de la licencia ambiental.

Higher-order thought theories of consciousness attempt to explain what it takes for a mental state to be conscious, rather than unconscious, by means of a HOT that represents oneself as being in the state in question. Rosenthal Consciousness and the self: new essays, Cambridge University Press, Cambridge, 2011) stresses that the way we are aware of our own conscious states requires essentially indexical self-reference. The challenge for defenders of HOT theories is to show that there is a way to explain (...) the required reference-fixing mechanisms that is compatible with the theory. According to Rosenthal, the reference to oneself as such is grounded in the disposition to identify the individual the HOT refers to as the individual who has that HOT. I argue that this leads to a vicious infinite regress on the more than plausible assumption that our cognitive capacities are limited. This leaves such theories without a foundation, since self-reference is thought essential to consciousness. (shrink)

[ENGLISH] This article discusses the potential of synthetic biology to address fundamental questions in the philosophy of biology regarding the nature of life and biological functions. Synthetic biology aims to reduce living organisms to their simplest forms by identifying the minimal components of a cell and also to create novel life forms through genetic reprogramming, biobrick assembly, or novel proteins. However, the technical success of these endeavors does not guarantee their conceptual success in defining life. There is a lack of (...) consensus among researchers on how to define and classify the entities produced in the lab, whether they should be considered living or categorized differently. The criteria for minimal cells and minimal life are subject to arbitrary choices and varying interpretations. The concept of function, crucial to synthetic biology, is also difficult to define. The article highlights the need to consider the minimal set of functions that characterize life before determining the smallest genomes that code for those functions. The arbitrary nature of defining both life and function complicates the understanding and classification of these entities. The article suggests that the traditional dichotomy between the living and the non-living may no longer be valid and that the concept of life itself may not require precise scientific definition. As synthetic biology advances, the article emphasizes the importance of redefining or constructing new categories to encompass the expanding possibilities and creations in the field. The ability to create new life forms raises questions about recognition, identification, and ethical implications, requiring a conceptual and philosophical engagement beyond the technical achievements of synthetic biology. -/- [FRENCH] L'article aborde le potentiel de la biologie synthétique pour répondre à des questions fondamentales de la philosophie de la biologie concernant la nature de la vie et des fonctions biologiques. La biologie synthétique vise à réduire les organismes vivants à leurs formes les plus simples en identifiant les composants minimaux d'une cellule et à créer de nouvelles formes de vie grâce à la reprogrammation génétique, à l'assemblage de biobriques ou à des protéines nouvelles. Cependant, le succès technique de ces approches ne garantit pas leur réussite conceptuelle dans la définition de la vie. Il n'y a pas de consensus parmi les chercheurs sur la façon de définir et de classer les entités produites en laboratoire, qu'elles doivent être considérées comme vivantes ou catégorisées différemment. Les critères des cellules minimales et de la vie minimale sont soumis à des choix arbitraires et à des interprétations variables. La notion de fonction, essentielle en biologie synthétique, est également difficile à définir. L'article met en évidence la nécessité de prendre en compte l'ensemble minimal de fonctions qui caractérisent la vie avant de déterminer les plus petits génomes qui codent ces fonctions. La nature arbitraire de la définition de la vie et de la fonction complique la compréhension et la classification de ces entités. L'article suggère que la dichotomie traditionnelle entre le vivant et le non-vivant pourrait ne plus être valable et que le concept même de vie ne nécessite pas une définition scientifique précise. À mesure que la biologie synthétique progresse, l'article souligne l'importance de redéfinir ou de construire de nouvelles catégories pour englober les possibilités et créations croissantes dans le domaine. La capacité à créer de nouvelles formes de vie soulève des questions de reconnaissance, d'identification et d'implications éthiques, nécessitant une réflexion conceptuelle et philosophique au-delà des avancées techniques de la biologie synthétique. (shrink)

Finality, design and purpose have started to be excluded from the language of the natural sciences since the XVIIth century. Darwin succeeded in excluding them from his theory of evolution appealing to a blind and mechanical natural selection. Today, the most usual definitions for the concept of biological function take for granted that functions: 1) are not dependent on a goal; 2) are not dependent on observers, but only on nature; 3) are explicable in causal terms, either with reference to (...) the causal history of the organ (etiological definition), or with reference to its present structure and causal capabilities (dispositional definition). However, we shall see that such presuppositions cannot take into account the normative character of the concept of biological function. We show that a generalization of the concept of scientific objectivity lets us affirm that functions: 1’) are dependent on a goal; 2’) are dependent on both observers and nature; 3’) cannot be reduced to causality, nor break the laws of physics; and yet, 4) are truly objective. (shrink)

Higher-Order Thought (HOT) theories of consciousness maintain that the kind of awareness necessary for phenomenal consciousness depends on the cognitive accessibility that underlies reporting. -/- There is empirical evidence strongly suggesting that the cognitive accessibility that underlies the ability to report visual experiences depends on the activity of the dorsolateral prefrontal cortex (dlPFC). This area, however, is highly deactivated during the conscious experiences we have during sleep: dreams. HOT theories are jeopardized, as I will argue. I will briefly present HOT (...) theories in the first section. Section 2 offers empirical evidence to the effect that the cognitive accessibility that underlies the ability to report depends on the dorsolateral prefrontal cortex: dlPFC is the neural correlate of HOTs. Section 3 shows the evidence we have of the deactivation of this brain area during dreams and, in section 4, I present my argument. Finally, I consider and rejoin two possible replies that my opponent can offer: the possibility of an alternative neural correlate of HOTs during dreams and the denial that we have phenomenally conscious experiences during sleep. (shrink)