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)

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)

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)

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.

Background Consent policies for post-mortem organ procurement (OP) vary throughout Europe, and yet no studies have empirically evaluated the ethical implications of contrasting consent models. To fill this gap, we introduce a novel indicator of governance quality based on the ideal of informed support, and examine national differences on this measure through a quantitative survey of OP policy informedness and preferences in seven European countries. -/- Methods Between 2017–2019, we conducted a convenience sample survey of students (n = 2006) in (...) Austria (AT), Belgium (BE), Denmark (DK), Germany (DE), Greece (GR), Slovenia (SI) and Spain (ES), asking participants about their donation preferences, as well as their beliefs and views about the policy in place. From these measures, we computed indices of informedness, policy support, and fulfilment of unexpressed preferences, which we compared across countries and consent systems. -/- Results Our study introduces a tool for analyzing policy governance in the context of OP. Wide variation in policy awareness was observed: Most respondents in DK, DE, AT and BE correctly identified the policy in place, while those in SI, GR and ES did not. Respondents in opt-out countries (AT, BE, ES and GR) tended to support the policy in place (with one exception, i.e., SI), whereas those in opt-in countries (DE and DK) overwhelmingly opposed it. These results reveal stark differences in governance quality across countries and consent policies: We found a preponderance of informed opposition in opt-in countries and a general tendency towards support–either informed or uninformed–in opt-out countries. We also found informed divergence in opt-in countries and a tendency for convergence–either informed or uninformed–among opt-out countries. -/- Conclusion Our study offers a novel tool for analyzing governance quality and illustrates, in the context of OP, how the strengths and weaknesses of different policy implementations can be estimated and compared using quantitative survey data. (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)

[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)

Families play an essential role in deceased organ procurement. As the person cannot directly communicate his or her wishes regarding donation, the family is often the only source of information regarding consent or refusal. We provide a systematic description and analysis of the different roles the family can play, and actions the family can take, in the organ procurement process across different jurisdictions and consent systems. First, families can inform or update healthcare professionals about a person’s donation wishes. Second, families (...) can authorize organ procurement in the absence of deceased’s preferences and the default is not to remove organs, and oppose donation where there is no evidence of preference but the default is to presume consent; in both cases, the decision could be based on their own wishes or what they think the deceased would have wanted. Finally, families can overrule the known wishes of the deceased, which can mean preventing donation, or permitting donation when the deceased refused it. We propose a schema of 4 levels on which to map these possible family roles: no role, witness, surrogate, and full decisional authority. We conclude by mapping different jurisdictions onto this schema to provide a more comprehensive understanding of the consent system for organ donation and some important nuances about the role of families. This classificatory model aims to account for the majority of the world’s consent systems. It provides conceptual and methodological guidance that can be useful to researchers, professionals, and policymakers involved in organ procurement. (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)

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)

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)

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)

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)

Since 1968, the irreversible loss of functioning of the whole brain, called brain death, is assimilated to individual’s death. The almost universal acceptance of this neurological criterion of death had decisive consequences for the contemporary medicine, such as the withdrawal of mechanical ventilation in these patients and organ retrieval for transplantation. The new criterion was successfully accepted in part because the assimilation of brain death state to death was presented by medicine --and acritically assumed by most of societies-- as a (...) scientific and objective fact. Nevertheless, many people do not think that the patients suffering brain death are actually dead. We show here that those people are not necessarily wrong. It can be argued that, in fact, the justification of the neurological criterion is not scientific but moral. We outline the thesis that the problem surrounding the vital status of brain dead patients is due to a confusion between factual and normative questions. Furthermore, we claim that the donation of organs and the withdrawal of life-support could be ethically acceptable even if the patients suffering brain death are considered as alive. As an alternative to the dead donor rule, we propose a justification for organ donation of brain-dead patients based on the (moral) concepts of harm and consent : what truly justifies the procurement of organs on those patients is not that they are dead, but that they wish to donate their organs and that, since they have irreversibly lost their brain, they cannot be harmed. (shrink)

Altruism and solidarity are concepts that are closely related to organ donation for transplantation. On the one hand, they are typically used for encouraging people to donate. On the other hand, they also underpin the regulations in force in each country to different extents. They are often used indistinctly and equivocally, despite the different ethical implications of each concept. This paper aims to clarify to what extent we can speak of altruism and solidarity in the predominant models of organ donation. (...) It also raises the ethical question of whether these categories are adequate as a basis for such models, bearing in mind that organs are a scarce resource and that a shortage of them may mean that fewer lives are saved or improved. (shrink)

This paper analyses the arguments for and against what we have called automatic organ procurement model in relation to the organs of the deceased. For this purpose, this work provides empirical evidence to assess the potential impact of this model on donation rates and on public opinion. Specifically, we examine first the reasons supporting this model, with special reference to utilitarian and justice arguments. On the other hand, we analyse both the approaches based on the violation of pre mortem and (...) post mortem interests opposing this theoretical model and the rejection the model would generate in the population. Finally, we point out the aspects that, in our opinion, should be exhaustively regulated if this model were implemented. In particular, we refer to the legal status of the human body, the treatments for end-of-life patients, the incentives for health professionals and the recognition of the right to conscientious objection. (shrink)

Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) regarding (...) the destination of his or her organs after death. In this sense, the results constitute the first comprehensive and comparative legislative mapping on European transplantation laws. (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)

Explaining the behaviour of ecosystems is one of the key challenges for the biological sciences. Since 2000, new-mechanicism has been the main model to account for the nature of scientific explanation in biology. The universality of the new-mechanist view in biology has been however put into question due to the existence of explanations that account for some biological phenomena in terms of their mathematical properties (mathematical explanations). Supporters of mathematical explanation have argued that the explanation of the behaviour of ecosystems (...) is usually provided in terms of their mathematical properties, and not in mechanistic terms. They have intensively studied the explanation of the properties of ecosystems that behave following the rules of a non-random network. However, no attention has been devoted to the study of the nature of the explanation in those that form a random network. In this paper, we cover that gap by analysing the explanation of the stability behaviour of the microbiome recently elaborated by Coyte and colleagues, to determine whether it fits with the model of explanation suggested by the new-mechanist or by the defenders of mathematical explanation. Our analysis of this case study supports three theses: (1) that the explanation is not given solely in terms of mechanisms, as the new-mechanists understand the concept; (2) that the mathematical properties that describe the system play an essential explanatory role, but they do not exhaust the explanation; (3) that a non-previously identified appeal to the type of interactions that the entities in the network can exhibit, as well as their abundance, is also necessary for Coyte and colleagues’ account to be fully explanatory. From the combination of these three theses we argue for the necessity of an integrative pluralist view of the nature of behaviour explanation when this is given by appealing to the existence of a random network. (shrink)

Revelación y religiones es el título del libro editado por Xavier Morlans i Molina, publicado en el 2016 por la editorial Herder. De manera sencilla y sin recargar los capítulos de información sobre las religiones tratadas, los autores se abocan a la misión de buscaranalogías y diferencias de la idea de revelación en dichas tradiciones. El orden que tiene el libro es cronológico, es decir, según la aparición histórica de cada tradición religiosa.

Sumário: 1. El caso del método científico, Alberto Oliva; 2. Un capítulo de la prehistoria de las ciencias humanas: la defensa por Vico de la tópica, Jorge Alberto Molina; 3. La figura de lo cognoscible y los mundos, Pablo Vélez León; 4. Lebenswelt de Husserl y las neurociencias, Vanessa Fontana; 5. El uso estético del concepto de mundos posibles, Jairo Dias Carvalho; 6. Realismo normativo no naturalista y mundos morales imposibles, Alcino Eduardo Bonella; 7. En la lógica (...) de pragmatismo, Hércules de Araujo Feitosa, Luiz Henrique da Cruz Silvestrini; 8 La lógica, el tiempo y el lenguaje natural: un sistema formal para tiempos de portugués, Carlos Luciano Manholi. / Temas em filosofia contemporânea II / Jonas Rafael Becker Arenhart, Jaimir Conte, Cezar Augusto Mortari (orgs.) – Florianópolis : NEL/UFSC, 2016. 167 p. : tabs. - (Rumos da epistemologia ; v. 14); ISBN 978-85-87253-27-9 (papel); ISBN 978-85-87253-26-2 (e-book). (shrink)

There is a relationship between touch and language at the heart of which lies the philosophical problem of the secret. As Derrida points out, since Aristotle touch has been qualified as ἄδηλον: secret, nocturnal, barely apparent. After some brief etymological remarks, in this article, I explore the mystery that touch represents for language through Levinas’ concept of the secret, thematizing two levels: first, that of the contemporary critique of ocularcentrism, then the level of the tactile experiences that can hardly be (...) put into words. (shrink)

El objetivo de este artículo es explorar la manera en que Joaquim Xirau y Miguel de Unamuno concibieron el amor. A pesar de que no hay motivos suficientes para concluir una influencia directa y filosóficamente relevante de Unamuno en la obra de Xirau, sí podemos concluir que la forma en que ambos autores concibieron el amor guarda ciertas similitudes. Así, ambos coinciden en concebir la entrega amorosa como un ejercicio de afirmación individual que trae consigo un incremento de la propia (...) singularidad. También, tanto Unamuno como Xirau conciben la entrega amorosa como un acto que, aun surgiendo del propio individuo y no de como es de hecho el mundo, personifica aquello amado, dejando de ser así visto como un mero objeto y mostrándose bajo una forma personal. Y ambos, aunque de un modo distinto, hacen del relato bíblico acerca de la vida y Resurrección de Cristo un aspecto central de sus maneras de entender el amor. (shrink)

Pérez Carballo adopts an epistemic utility theory picture of epistemic norms where epistemic utility functions measure the value of degrees of belief, and rationality consists in maximizing expected epistemic utility. Within this framework he seeks to show that we can make sense of the intuitive idea that some true beliefs—say true beliefs about botany—are more valuable than other true beliefs—say true beliefs about the precise number of plants in North Dakota. To do so, however, Pérez Carballo argues that (...) we must think of the value of epistemic states as consisting in more than simply accuracy. This sheds light on which questions it is most epistemically valuable to pursue. (shrink)

In his essay against Eberhard, Kant denies that there are innate concepts. Several scholars take Kant’s statement at face value. They claim that Kant did not endorse concept innatism, that the categories are not innate concepts, and that Kant’s views on innateness are significantly different from Leibniz’s. This paper takes issue with those claims. It argues that Kant’s views on the origin of the intellectual concepts are remarkably similar to Leibniz’s. Given two widespread notions of innateness, the dispositional notion and (...) the input/output notion, intellectual concepts are innate for Kant no less than for Leibniz. (shrink)

This paper traces the ancestry of a familiar historiographical narrative, according to which early modern philosophy was marked by the development of empiricism, rationalism, and their synthesis by Immanuel Kant. It is often claimed that this narrative became standard in the nineteenth century, due to the influence of Thomas Reid, Kant and his disciples, or German Hegelians and British Idealists. The paper argues that the narrative became standard only at the turn of the twentieth century. This was not due to (...) the influence of Reid, German Hegelians, or British Idealists as they did not endorse the narrative, although Thomas Hill Green may have facilitated its uptake. The narrative is based on Kant’s historiographical sketches, as corrected and integrated by Karl Leonhard Reinhold. It was first fleshed out into full-fledged histories by two Kantians, Wilhelm Gottlieb Tennemann and Johann Gottlieb Buhle. Numerous historians, several of whom were not Kantians, spread it in the English-speaking world. They include Kuno Fischer, Friedrich Ueberweg, Richard Falckenberg, and Wilhelm Windelband. However, the wide availability of their works did not suffice to make the narrative standard because, until the 1890s, the Hegelian account was at least as popular as theirs. Among the factors that allowed the narrative to become standard are its aptness to be adopted by philosophers of the most diverse persuasions, its simplicity and suitability for teaching. (shrink)

Sacrificial dilemmas such as the trolley problem play an important role in experimental philosophy (x-phi). But it is increasingly argued that, since we are not likely to encounter runaway trolleys in our daily life, the usefulness of such thought experiments for understanding moral judgments in more ecologically valid contexts may be limited. However, similar sacrificial dilemmas are experienced in real life by animal research decision makers. As part of their job, they must make decisions about the suffering, and often the (...) death, of many non-human animals. For this reason, a context-specific investigation of so-called “3R dilemmas” (i.e., dilemmas where there is a conflict between the principles of replacement, reduction, and refinement of the use of animals in research) is essential to improve the situation of both non-human animals and human stakeholders. An approach well suited for such investigation is experimental philosophical bioethics (“bioxphi”), which draws on methods similar to x-phi to probe more realistic, practical scenarios with an eye to informing normative debates and ethical policy. In this article, we argue for a need to investigate 3R dilemmas among professional decision-makers using the tools of bioxphi. In a first step, we define 3R dilemmas and discuss previous investigations of professionals’ attitudes in such cases. In a second step, we show how bioxphi is a promising method to investigate the whys and hows of professional decision-making in 3R dilemmas. In a last step, we provide a bioxphi template for 3R dilemmas, give recommendations on its use, explore the normative relevance of data collected by such means, and discuss important limitations. (shrink)

In this paper, I will argue that the main contrast between religious fictionalism and other recently developed fictionalist positions in other non-religious fields of enquiry is the sort of personal and affective relationship said to be felt by the religious person between them and God, the feeling of being in a loving and personal communion with God. I will argue that a realist, non-Meingonian artifactual fictionalist understanding of God, along the lines that philosophers such as Schiffer and Thomasson have already (...) defended on non-religious grounds regarding fictional characters, seems to be the most direct way of preserving the possibility of the religious person standing in an actual relation to God while also maintaining a fictionalist understanding of religious faith. Last, I will argue that conceiving of God in these realist artifactual terms, and despite allowing the possibility of the religious person standing in an actual relation to God, fails to preserve a genuine personal relationship between the concrete religious person and God. (shrink)

En el presente texto se defenderá la idea según la cual, la filosofía y el filosofar están intrínsecamente ligados. Se partirá de un caso paradigmático, el caso de la filosofía analítica. A partir de su definición,se pretenderá mostrar que las características más sobresalientes de dicha corriente están fundamentalmente ligadas al acto de filosofar.Por medio de dicho ejemplo, se desea mostrar que enseñar la filosofía consiste en enseñar a filosofar, y que por lo tanto una no puede ser separada de la (...) otra. Aprender a filosofar es entonces, aprender a ver un problema detrás de cada página de un texto filosófico, una argumentación detrás de cada problema y finalmente, una verdad detrás de cada argumentación. El precio a pagar por dicha separación es bastante alto, se podría hablar de épocas de decadencia intelectual. (shrink)

In a paper recently published in this journal, Navin and Largent argue in favour of a type of policy to regulate non-medical exemptions from childhood vaccination which they call ‘Inconvenience’. This policy makes it burdensome for parents to obtain an exemption to child vaccination, for example, by requiring parents to attend immunization education sessions and to complete an application form to receive a waiver. Navin and Largent argue that this policy is preferable to ‘Eliminationism’, i.e. to policies that do not (...) allow non-medical exemptions, because Inconvenience has been shown to maintain exemption rates low while not harming parents by forcing them to do something that goes against their beliefs. We argue that it is at least doubtful that Inconvenience is ethically preferable to Eliminationism: while the latter disregards the value of liberty, Inconvenience disregards the value of fairness in the distribution of the burdens entailed by the preservation of a public good like herd immunity. We propose a variant of Inconvenience, which we call ‘Contribution’, which we think is preferable to the versions of Inconvenience discussed by Navin and Largent in that it successfully strikes a balance between the values of parents’ liberty, fairness and expected utility. (shrink)

Several scholars have criticized the histories of early modern philosophy based on the dichotomy of empiricism and rationalism. They view them as overestimating the importance of epistemological issues for early modern philosophers (epistemological bias), portraying Kant's Critical philosophy as a superior alternative to empiricism and rationalism (Kantian bias), and forcing most or all early modern thinkers prior to Kant into the empiricist or rationalist camps (classificatory bias). Kant is often said to be the source of the three biases. Against this (...) criticism, this paper argues that Kant did not have the three biases. However, he promoted a way of writing histories of philosophy from which those biases would naturally flow. (shrink)

Kant claims that the nominal definition of truth is: “Truth is the agreement of cognition with its object”. In this paper, I analyse the relevant features of Kant's theory of definition in order to explain the meaning of that claim and its consequences for the vexed question of whether Kant endorses or rejects a correspondence theory of truth. I conclude that Kant's claim implies neither that he holds, nor that he rejects, a correspondence theory of truth. Kant's claim is not (...) a generic way of setting aside a correspondence definition of truth, or of considering it uninformative. Being the nominal definition of truth, the formula “truth is the agreement of cognition with its object” illustrates the meaning of the predicate “is true” and people's ordinary conception of truth. True judgements correspond to the objects they are about. However, there could be more to the property of truth than correspondence. (shrink)

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.

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)

In this paper, I will present several interpretations of Brentano’s notion of the intentional inexistence of a mental state’s intentional object, i.e., what that state is about. I will moreover hold that, while all the interpretations from Section 1 to Section 4 are wrong, the penultimate interpretation that I focus in Section 5, the one according to which intentional inexistence amounts to the individuation of a mental state by means of its intentional object, is correct provided that it is nested (...) into the really right interpretation, the final one I give in Section 6. For it provides one of the merely necessary conditions of this latter interpretation. According to this final interpretation,intentional inexistence amounts to the constitution of a mental state by means of its intentional object. Finally, I will hold that both such interpretations preserve the idea, which strikes everyone as true, that an intentional object exists in the mental state aboutit pretty much as a pictorial character exists in the picture (qua interpreted entity) that depicts it. (shrink)

The notion of a correct appreciation of nature, like the one put forward in Carlson’s environmental account, has been rejected by many other authors in the aesthetics of the natural environment. Their critics challenge the idea that only scientific cat- egories can ground the aesthetic appreciation of nature as nature, and they hold that there is not a correct way of appreciating nature. However, they may share with Carlson the idea of correctness under an objectivist paradigm of aesthetic appreciation, according (...) to which correctness means the adequation of the experi- ence to properties of the object. My aim in the article is to claim that it is necessary to endorse an aesthetic standard of correctness that takes into consideration the subjective character of aesthetic appreciation. An aesthetic standard of correct- ness implies universal assent, or validity for everyone in Kantian terms, in place of an objectivist notion. This notion of correctness permits the inclusion of expressive perception of nature as an essential form of aesthetic appreciation. (shrink)

En este artículo reconstruyo y analizo las respuestas de los escépticos académicos a la objeción de apraxia. Esta objeción afirma que el escepticismo es una doctrina imposible de practicar puesto que sus tesis conducen a la apraxia, esta es, un estado de privación o imposibilidad de acción. Las respuestas a la objeción se dividen en dos clases. La primera prueba que el asentimiento no es una condición necesaria para realizar acciones, por lo que la recomendación escéptica de suspender global y (...) permanentemente el asentimiento no conduciría a la apraxia. La segunda prueba que es posible deliberar y orientar racionalmente nuestras acciones sin impresiones aprehensivas, por lo que la tesis escéptica de que no existen impresiones aprehensivas tampoco conduciría a la apraxia. Tras unas breves consideraciones generales, en la primera parte de este artículo presento las respuestas de Arcesilao y en la segunda parte las repuestas de Carnéades. (shrink)

The aim of this paper is to argue against the received view among Unamuno scholars that Miguel de Unamuno was defending a sort of pragmatic argument for religious faith and that his notion of religious faith as “querer creer” (“wanting to believe”) is to be identified with William James’s “the will to believe”. As I will show in this paper, one of the aspects that makes Unamuno’s reasoning philosophically relevant is his ability to formulate a non-pragmatist defense of religious faith (...) without a prior commitment to the truth of any religious or theological statement and grounded in our longing for an endless existence through God’s Salvation. (shrink)

En este artículo defiendo que la novela Un pobre hombre rico o el sentido cómico de la vida expresa, bajo una forma irónica, la noción de fe religiosa de Miguel de Unamuno.

En la consideración de numerosos asuntos y respecto de muy variadas exposiciones, el uso de expresiones como "filosófica" sugiere que debemos remitirnos a procederes, preguntas o exigencias especiales. Rabossi propone un modo de caracterizar el sentido con que usamos esas expresiones y, sobre esa base, concluye que la filosofía tal como se la practica desde hace doscientos años pretende ser una disciplina profesional pero no puede serlo debido a la índole de la preceptiva que la constituye. En este artículo se (...) examinan sus argumentos y se sostiene que, aunque no parecen suficientes para la conclusión a la que apuntan, hay razones para modificarlos de cierto modo que conducen a ese resultado. Whenever expressions like "X is philosophical" appear in different questions and assorted statements, the reference to special kinds of actions, questions or demands are suggested by these uses. Rabossi propounds a way for characterizing the sense of our using such expressions and, based on it, he states that philosophy, as it is accomplished from the last two centuries up to now, pretends to be a professional discipline but she cannot to be as such because the nature of its precepts. Rabossi's arguments are examined and it is maintained that although they do not seem to be sufficient for the pursued conclusion, there are reasons to modify them such a way to come to that conclusion. (shrink)

Spanish translation and introductory study on Louis Pojman’s “Faith without Belief?”. Published in Pojman, Louis. “¿Fe sin creencia?”. Estudios Filosóficos, vol. 70, no. 205 (2021), pp. 465–486. [Introductory study published in Oya, Alberto. “La fe experimental de Louis Pojman”. Estudios Filosóficos, vol. 70, no. 205, pp. 461–463 (2021)].

How do we form concepts like those of three, bicycle and red? According to Kant, we form them by carrying out acts of comparison, reflection and abstraction on information provided by the senses. Kant's answer raised numerous objections from philosophers and psychologists alike. "Kant e la formazione dei concetti" argues that Kant is able to rebut those objections. The book shows that, for Kant, it is possible to perceive objects without employing concepts; it explains how, given those perceptions, we can (...) form categories and empirical concepts; and it argues that theories like Kant's - abstractionist theories of concept formation - are more plausible than is often assumed. (shrink)

This paper discusses Immanuel Kant’s views on the role of experiments in natural science, focusing on their relationship with hypotheses, laws of nature, and the heuristic principles of scientific enquiry. Kant’s views are contrasted with the philosophy of experiment that was first sketched by Francis Bacon and later developed by Robert Boyle and Robert Hooke. Kant holds that experiments are always designed and carried out in the light of hypotheses. Hypotheses are derived from experience on the basis of a set (...) of heuristic principles. The function of experiments is testing hypotheses in order to either reject them as false, or else to transform them into empirical laws of nature. To this end, we must integrate the hypotheses that are confirmed by experiments with the a priori principles which are the foundations of natural science. Compared with Bacon, Boyle, and Hooke, Kant has elaborate views on the one hand, on how our theoretical and pre-theoretical assumptions bear on experimental practice, and on the other hand, on how the results of experimental activity can be integrated with theories to advance our knowledge of nature. However, Kant overstates the dependence of experiments on theories. (shrink)

Can we reify the form of a substance? Is it possible to identify DNA as the principle of our personal and numerical identity? These questions will be studied through Berti’s reading of Aristotle’s hylomorphism. Indeed, Enrico Berti proposes the identification of the DNA to the Aristotelian notion of form, thesis which raises many questions from an exegetical point of view and a metaphysical perspective. We will present the sources of Berti’s reading and one of the main objections made by Aristotle. (...) Thus, different versions of the Berti’s thesis will be examined and then, a thought experiment that makes them false. Finally, it will be proposed an aristotelian solution, coming from a contemporary Aristotelian (E. J. Lowe), that seems to prevent Berti’s mistakes and gives us a robust metaphysics of the identity. (shrink)

The field of Latin American philosophy has established itself as a relevant subfield of philosophical inquiry. However, there might be good reasons to consider that our focus on the subfield could have distracted us from considering another subfield that, although it might share some geographical proximity, does not share the same historical basic elements. In this paper, I argue for a possible and meaningful conceptual difference between Latin American Philosophy and Indigenous philosophy produced in Latin America. First, I raise what (...) I call Mariátegui’s Solidarity Challenge to show that there might be some neglectful treatment of the philosophical views of different Indigenous groups. I then depart from Mariátegui and engage in a critical exercise to show that even he would be guilty of failing in his own solidarity demands. I follow that by drawing out some implications of the argument. I first sketch how this differentiation would play out against the political project of “Mestizaje,” a project that seems to inform some of the Latin American philosophical tradition. I then speculate about the kinds of duties that the field of Latin American philosophy might have towards the field of Indigenous Philosophy produced in Latin America. (shrink)

En este ensayo analizaremos el argumento que usa Berkeley para probar la existencia de Dios en el Tratado sobre los principios del conocimiento humano I, §29. Veremos cuál es la estructura del argumento, la justificación que ofrece Berkeley de sus premisas y expondremos los que creemos son los principales problemas del argumento. A partir de nuestro análisis, llegaremos a la conclusión de que el argumento es dialécticamente inútil, en tanto que sus premisas no están justificadas.

In this paper, we propose to study the problem of universals in Thomas Aquinas with ‘’analytic glasses’’ (according to the famous phrase of Jonathan Barnes). Starting with the semantic criteria of Peirce used by Armstrong, we propose to present a new reading of the position of Thomas, especially of the De ente et essentia . We introduce the thesis of Thomas Aquinas in contemporary discussions highlighting the difficulty of classifying Thomas Aquinas as a realist or as a universalist. Our main (...) goal is thus to present a new reading of the position of Aquinas, while showing how and why his thesis might be a promising solution in the discussion of the problem of universals. (shrink)

There is a list of desiderata that any good metaphysics of fictional entities should be able to fulfill. These desiderata are: 1) the nonexistence of fictional entities; 2) the causal inefficacy of suchentities;3)the incompleteness of such entities;4)the created character of such entities; 5) the actual possession by ficta of the narrated properties; 6) the unrevisable ascription to ficta of such properties; and 7) the necessary possession by ficta of such properties. (Im)possibilist metaphysics uncontroversially satisfy 1) and 2); Neo-Meinongian metaphysics satisfy (...) 1), 2), 3), 5), 6), and 7); artefactualist or creationist metaphysics uncontroversially satisfy 1), 2), 3), and 4). Another metaphysics is needed in order to satisfy all such desiderata. In this chapter Idevelop such a metaphysics, claiming that a Syncretistic metaphysics that combines Neo-Meinongianism with Artefactualism achieves this purpose. According to Syncretism, ficta are hybrid entities individuated in terms of both a certain makebelieve narrative process and the set of properties that one such narration mobilizes. Toward the end of the chapter I consider some possible criticisms to this approach: its non-intuitiveness; ficta’s unnecessary proliferation; and troubles with creationism of any sort. (shrink)