Aristotle’s Politicsis not only famous for its theory of constitutions, but for its statements about human nature. According to the central claim of Aristotle’s political anthropology, man is by nature a political animal (phusei politikon zôon). This famous statement is presented as the conclusion of the first set of arguments that Aristotle develops in the second chapter of book I of the Politics(Pol.,I, 2, 1252a24–1253a3). Aristotle’s statement is inextricably linked with the claim that the polisexists by nature (phusei), which he (...) mentions in the same phrase, as part of his conclusion: “From these considerations it is evident that the polisis one of the things that exist by nature, and that man is by nature a political animal”(Pol.,I, 2, 1253a1–3). Evidently, the claims that the polisexists by nature and that man is by nature a political animal are complementary. This article presents an interpretation of the two complementary claims or theses arguing that in Pol.,I, 2 Aristotle conceives exclusively of human beings as political animals because the whole chapter focuses on theanalysisof the polis,a community peculiar to humans. Italso examines Aristotle’sclaim that the polis“is by nature prior (proteron) to the household and to the individual”(Pol.,I, 2, 1253a18–19). The paperdisagrees withscholars whounderstand this claim as an independent third thesis and theoremand argues that Aristotle’s claim functions as a strong argument for the thesis that man is by nature a political animal. Furthermore, it contends thatAristotle neither defends an organic theory of the polisnor has a “tendency towards totalitarianism”(J. Barnes). -/- . (shrink)

According to the prevailing opinion, the classical formulation of the principle of the sovereignty of the people is found in Rousseau. Against that view, this article argues that Marsilius of Padua and Locke should be regarded as earlier pioneers and important forerunners of this principle. To demonstrate this thesis, the paper examines Marsilius’s conception of the “human legislator” and Locke’s ideas on legislation, representation, and on the limitation of the legislative power. Though Locke excludes the majority of the people from (...) the right to be represented in the legislative power, his concept of this “supreme power” is progressive compared to the conceptions of “sovereignty” found in Bodin and Hobbes. Even for Rousseau, women are still excluded from the sovereignty of the people. This is a strong argument to include Locke and Marsilius in the history of the idea of the sovereignty of the people. (shrink)

Este artigo contribui para o debate sobre a relação da filosofia prática e teórica de Aristóteles. Ele argumenta que sua filosofia prática depende em grande parte de sua concepção teleológica da natureza. Esta tese é dirigida principalmente contra os estudiosos que sustentam que Aristóteles não deriva de relações políticas e humanas de condições naturais ou cósmicas. O artigo defende a interpretação antropocêntrica de David Sedley da teleologia natural de Aristóteles e mostra como Aristóteles aplica explicações teleológicas às relações de poder (...) entre os seres humanos - entre homens e mulheres e entre homens livres e escravos naturais - e seus propósitos e objetivos. O artigo enfoca o argumento da “função” (ergonomia) humana de Aristóteles, que é um argumento teleológico no centro de sua filosofia prática. Argumenta que este argumento, que Aristóteles apresenta para definir ‘florescimento humano’ ou ‘felicidade’ (eudaimonia), depende de sua definição de homem como o único ‘ser vivo que tem linguagem e razão’ (zôon logon echon). Alega ainda que a disputa sobre se Aristóteles identifica eudaimonia apenas com uma vida de contemplação ou se eudaimonia inclui uma vida política pode ser esclarecida referindo-se ao propósito natural dos logotipos. (shrink)

The central aim of the present investigation is to shed light on Nietzsche’s understanding of happiness and a good life, starting from Nietzsche’s appropriation of Plato’s and Aristotle’s doctrine of a hierarchy of human beings and forms of life.

Die Forschung hat bislang entweder bemängelt, dass Nietzsches Philosophie ein Begriff von szialer Gerechtigkeit fehlt oder had einen solchen kaum in den Blick bekommen. Im Gegensatz dazu argumentiert der Aufsatz dafür, dass der sozialen Gerechtigkeit in Nietzsches politischem Denken eine zentrale Rolle zukommt. Er zeigt, dass das antike Vorbild seiner Gerechtigkeitsauffasseng Platons Begriff der politischen Gerechrigkeit ist. Die Kernthese des Aufsatzes ist, dass diese Gerechtigkeitsauffassung in Nietzsches Konzeption einer guten Ordnung des Staates und der Gesellschaft enthalten oder verkörpert ist. eine (...) weitere These betrifft das anthropologische Fundament von Nietzsches Vision einer gerechten Gesellschaftsordnung. Dieses Fundament bildet seine Grundüberzegung, dass die Menschen nicht bloß fundamental ungleich sind, sondern dass ihnen auch ein äußerst ungleicher Wert und Rang zukommt.Up to now researchers have maintained that Nietzsche's philosophy has no concept of social justice or have hardly noticed such a concept. On the contrary, the essay argues that social justice plays an important role in Nietzsche's political thinking. It shows that his conception of justice is modelled after Plato's antique concept of political justice. The main thesis of the essay is that this conception is embodied in Nietzsche's notion of a well-ordered state or society. An additional thesis concerns the anthropological basis of what Nietzsche holds to be a just social order. This basis is constituted by his conviction that people are not only fundamentally unequal but also extremely different in worth and rank. (shrink)

This article starts off with a historical section showing that deep disagreements among notions of social and political justice are a characteristic feature of the history of political thought. Since no agreement or consensus on distributive justice is possible, the article argues that political philosophers should – instead of continuously proposing new normative theories of justice – focus on analyzing the reasons, significance, and consequences of such kinds of disagreements. The next two sections are analytical. The first sketches five possible (...) reasons for deep disagreements among notions of social and political justice. The second discusses the meta-ethical relevance of the lack of consensus on justice and rejects ethical realism and cognitivism based on the argument from deep disagreements. (shrink)

The paper examines Martha Nussbaum’s «Aristotelian Social Democracy», and in particular her appropriation of Aristotle’s political philosophy. The paper questions Nussbaum’s claim that Aristotle’s account of human nature and her capabilities approach are not metaphysical. It critically analyses Nussbaum’s egalitarian interpretation of Aristotle’s doctrine of distributive justice, laying out the primary reasons supporting the thesis that Nussbaum’s «Aristotelian Social Democracy» is incompatible with Aristotle’s non-egalitarian political philosophy.

This paper examines Aristotle’s two famous claims that man is by nature a political animal, and that he is the only animal who possesses speech and reason (logos). Aristotle’s thesis that man is by nature a political animal is inextricably linked with his thesis that the polis exists by nature. This paper examines the argument that Aristotle develops in Pol. I. 2 to support these two theses. It argues a) that the definition of man as an animal who possesses logos (...) is part of this argument, b) that in the chapter Aristotle understands the term “political animal” not in a broad biological sense but in a narrow sense, c) that Aristotle’s thesis that the polis is “by nature prior to the household and to the individual” is not an independent third theorem – as David Keyt and Fred D. Miller claim – but is part of this argument. (shrink)

This article examines Nietzsche’s understanding of happiness and a good life going back to the ancient roots of his thought. It claims that his understanding is oriented by the category of a “form of life” (bios), which is central for Plato’s and Aristotle’s thought on a good and happy life. Like Nietzsche, both ancient philosophers place a life of contemplation at the top of the hierarchy of forms of life. The article argues that Nietzsche should be interpreted as a proponent (...) of a heroic art of living and of heroic philosophical cognition that are connected to his ideal “to live dangerously”. (shrink)

Una Según una influyente línea interpretativa sostiene que la mejor ciudad polis ideal de Aristóteles debe ser considerada como un gobierno constitucionaluna politeia (πολιτεία). Son eruditos alemanes quienes adoptan esta lecturaEsta corriente predomina aún hoy entre los eruditos alemanes.. En este grupo hay que incluir a Martha Nussbaum en tanto que aboga por una “socialdemocracia aristotélicaEn tanto paladina de la “social democracia aristotélica”, Martha Nussbaum pertenece también a esta línea exegética ”. En oposición a tales interpretaciones, este ensayo defiende la (...) tesis que Aristóteles pertenece a la tradición de pensamiento político aristocrático. Esta tradición se remonta a Teognis, Heráclito y Platón y se inicia como una crítica dirigida tanto a la decadencia de la virtud aristocrática como cuanto al ascenso de valores democráticos ey egalitariosigualitarios. Este ensayo trabajo demuestra que Aristóteles concibe las diferentes formas de constitución como manifestaciones de distintas concepciones de la justicia distributiva. Aristóteles mantiene una clara preferencia por una concepción aristocrática de la justicia, y , por tantocomo consecuencia, por la aristocracia. La constitución de la mejor polis ideal que detalla en los libros VII y VIII de la Política debe entenderse como una “verdadera aristocracia” en la que los cargos políticos son distribuidos, según el mérito (κατ᾽ ἀξίαν), a los mejores ciudadanos entre los ciudadanos que sean los mejores desde el punto de vista moral e intelectualtanto moral como intelectualmente hablando. Aristóteles, pensamiento político aristocrático, justicia distributiva, aristocracia, mejor poli, sEstado ideal . (shrink)

The cardinal role that notions of respect and self-respect play in Rawls’s A Theory of Justice has already been abundantly examined in the literature. However, it has hardly been noticed that these notions are also central for Michael Walzer’s Spheres of Justice. Respect and self-respect are not only central topics of his chapter on “recognition”, but constitute a central aim of his whole theory of justice. This paper substantiates this thesis and elucidates Walzer’s criticism of Rawls’s that we need to (...) distinguish between “self-respect” and “self-esteem”. (shrink)

This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...) shows that, for him, the constancy of human nature is the central premise that makes the scientific analysis of politics possible. Despite the fact that human drives and capabilities are the same at all times, good laws, military training, and religion allow man to be changed and educated toward “virtue” (virtù). To make such changes in man, however, presupposes a good legal and political order. Machiavelli justifies the state because of its capacity to reshape human nature and to improve man. The state is not only a coercive power but a moral institution. This leads to the conclusion that Machiavelli does not separate politics from morality as most scholars claim. (shrink)

Scholars have long recognized the existence of myriad widespread deep disagreements on values, justice, morality, and ethics. In order to come to terms with such deep disagreements, resistant to rational solution, this article asserts the need for developing an ethics of disagreement. The reality that theoretical disagreements often turn into practical conflicts is a major justification for why such an ethics is necessary. This paper outlines an ethics of deep disagreement that is primarily conceived of as a form of virtue (...) ethics. Such an ethics asks opposing parties in moral and intellectual conflicts to acknowledge that (a) deep disagreements exist, (b) opposing positions should be recognized as worthy of respect, and that (c) one should seek dialogue and mutual understanding. This ethical approach conceives of toleration as a moral and political virtue and presents an argument for toleration based on deep disagreements. (shrink)

This article examines Aristotle’s theory of ‘factional conflict’ (stasis) in Book 5 of the Politics and claims that it is mainly directed against the a-historical account of constitutional change Plato develops in the Republic. Aristotle’s investigation of the causes of stasis is oriented towards the normative political goal of stabilizing political orders and preventing their ‘change’ (metabolê) into different ones. This article argues that the constitution Aristotle calls ‘polity’ (politeia) constitutes his solution to the challenge of stabilizing democracies and oligarchies. (...) The paper also aims at elucidating Aristotle’s conception of an empirical political science, his political realism, and the method he applies in conjunction with it in the ‘empirical’ Books of the Politics (Book 4 through 6). (shrink)

The cardinal role that notions of respect and self-respect play in Rawls’s A Theory of Justice has already been abundantly examined in the literature. In contrast, it has hardly been noticed that these notions are also central to Michael Walzer’s Spheres of Justice. Respect and self-respect are not only central topics of his chapter “Recognition”, but constitute a central aim of a “complex egalitarian society” and of Walzer’s theory of justice. This paper substantiates this thesis and elucidates Walzer’s criticism of (...) Rawls that we need to distinguish between “self-respect” and “self-esteem”. (shrink)

This article examines the role of citiziens, women, metics, and slaves in Magnesia, the new city Plato outlines in his "Nomoi".

In the recent literature, it has been argued that Nietzsche’s perspectivism should not be reconstructed as an epistemological position. This article criticizes both this view and interpretations that reduce perspectivism to a theory of knowledge. It claims that “perspectivism” is also an appropriate name for Nietzsche’s meta-ethical position. The paper argues that Nietzsche should be interpreted as an anti-realist and moral skeptic. Its epistemological claim is that Nietzsche perspectivism provides a hermeneutic method that allows the human animal to achieve knowledge (...) and truth about the world. The article distinguishes between a strong metaphysical and a weak hermeneutic version of the correspondence theory of truth. It argues that Nietzsche only rejects the former: the possibility of knowledge about the essence of the world and things-in-themselves. With his perspectival hermeneutic method, Nietzsche mainly aims at knowledge and truth about objects that are human products and phenomena. (shrink)

This article investigates how Max Weber’s theory of value conflict is connected to his realist understanding of politics and how he conceives the relation of politics and ethics. This investigation also covers Weber’s views on the argumentative limits of the social sciences and ethics. The center of Weber’s philosophy of science is constituted by his methodological thoughts on “ethical neutrality” (Wertfreiheit) of the social sciences. The first thesis of this paper contends that Weber’s theory of a clash of irreconcilable values (...) and ideals goes back to Nietzsche. According to the second thesis of the article, the general claim of Weber’s philosophy of science is that there is no possibility of an ultimate rational, philosophical, or scientific grounding of values and normative theories. Weber’s endorsement of an ethics of responsibility in the field of politics led to the criticism that he contradicts his postulate of the “ethical neutrality” (Wertfreiheit) of the scientist. The third thesis of the paper claims that Weber’s arguments for a political ethics of responsibility are compatible with his methodological postulate. (shrink)

This article contributes to the debate on the relation between Aristotle’s practical and theoretical philosophy. It argues that his practical philosophy depends to a considerable extent on his teleological conception of nature. This thesis is primarily directed against scholars who maintain that Aristotle does not derive political and human relations from natural or cosmic conditions. The paper defends David Sedley’s anthropocentric interpretation of Aristotle’s natural teleology and shows how Aristotle applies teleological explanations to power relations among human beings – among (...) men and women and among freemen and natural slaves – and their purposes and goals. The article focuses on Aristotle’s human ‘function’ (ergon) argument, which is a teleological argument at the centre of his practical philosophy. It argues that this argument, which Aristotle presents to define ‘human flourishing’ or ‘happiness’ (eudaimonia), depends on his definition of man as the only ‘living being that has language and reason’ (zôon logon echon). It further claims that the dispute about whether Aristotle identifies eudaimonia only with a life of contemplation or whether eudaimonia includes a political life can be clarified by referring to the natural purpose of logos. (shrink)

The paper discusses different interpretations of Callicles and Thrasymachus’ positions. There are good reasons for interpreting Callicles as a critic of democracy and as an aristocratic political thinker whose political views are closer to Plato’s than is usually assumed. The paper argues that Callicles defends a natural right of the best citizens to rule over the crowd. However, in contrast to Plato, for Callicles the rule of the best should not aim at the common good but at their personal advantage. (...) The paper also discusses the view that Thrasymachus is just a sociologist of power who diagnoses what actually happens in politics (Henning Ottmann, Max Salomon). This interpretation is still current, and enables us to understand important aspects of legislation in contemporary democracies. Finally, the paper argues that there are reasons to understand Thrasymachus not only as a political realist, but, similar to Protagoras, as a moral sceptic. (shrink)

In Spheres of Justice, published in 1983, Michael Walzer gives his views on a negative income tax, which is a variation on and an implementation of the idea of a universal basic income. His relevant statements, which are included in the chapters “security and welfare” and “money and commodities”, are ambivalent. This paper discusses the idea of a universal basic income from the perspective of Walzer’s theory of distributive justice. This discussion presents both arguments for and against this idea.

This is the introduction to the Special Issue ‘Foundational Issues in Conceptual Engineering’. The issue contains contributions by James Andow, Delia Belleri, David Chalmers, Catarina Dutilh Novaes, Eugen Fischer, Viktoria Knoll, Edouard Machery and Amie Thomasson. We, the editors, provide a brief introduction to the main topics of the issue and then summarize its contributions.

It is a startling fact that, despite its long and rich history, the debate about per- sonal identity is far from settled. The present paper examines two deflationary explanations for this: a) the dispute is merely verbal (verbalism); b) there cannot be sufficient justification for preferring one theory of personal identity over the others (epistemicism). As this paper argues, there is evidence that either verba- lism or epistemicism provides a correct account of the personal identity debate.

The metalinguistic approach to conceptual engineering construes disputes between linguistic reformers and linguistic conservatives as metalinguistic disagreements on how best to use particular expressions. As the present paper argues, this approach has various merits. However, it was recently criticised in Cappelen’s seminal Fixing Language. Cappelen raises an important objection against the metalinguistic picture. According to this objection – the Babel objection, as I shall call it – the metalinguistic account cannot accommodate the intuition of disagreement between linguistic conservatives and reformers (...) who are speaking different languages. The objection generalises to metalinguistic approaches to e.g. moral disagreements. This paper discusses the Babel objection and shows how to dispel it. (shrink)

This paper discusses the logical space of alternative conceptual engineering projects, with a specific focus on (1) the processes, (2) the targets and goals, and (3) the methods of such projects. We present an overview of how these three aspects interact in the contemporary literature and discuss those alternative projects that have yet to be explored based on our suggested typology. We show how choices about each element in a conceptual engineering project constrain the possibilities for the others, thereby giving (...) rise to distinct groupings of possible projects under the banner of conceptual engineering. We conclude with a critical reflection on the potential ethical issues that arise as a result of effectively putting conceptual engineering into practice. (shrink)

We humans are natural-born engineers. As such, we model after machines not only isolated, naturally occurring systems, but also the basic laws of physics, sharing with machines a local-evolution-of-state `grammar'. However, previous work by the author casts doubt upon this mechanistic paradigm, suggesting that it is to blame for the stubbornness of many open problems in physics. Simple experiments are therefore proposed to identify `non-machines'. In one experiment, `non mechanistic correlations' in the spirit of Bell are sought in a pair (...) of separated but previously coupled (macroscopic) chaotic systems. In another it is tested whether chaotic systems could fuzzily `remember their future' in the sense that a future binary perturbation applied to them could be inferred from their present behavior with probability$>1/2$. Chaotic systems are chosen as candidates because the long-time application of their (deterministic) mechanistic description is conceptually groundless: All scales are significant and mutually coupled in that regime, down to scales governed by QM, yet the quantum-classical transition remains inexplicable---if only due to the measurement problem. Similarly for non-deterministic chaotic systems, modeled as such purely for defying a short-time deterministic mechanistic description. Should a non mechanistic signature be found in such simple systems, the implications for science as a whole and life sciences in particular cannot be overstated. (shrink)

Justice Across Ages offers an attractive account of justice between the young and the old that brings together three notable principles of age-group justice: complete-lives equality, relational equality, and prudence. Yet, the book says little about the fact that many of us live longer than others, and the little it does say casts doubt on whether lifespan inequality threatens justice as construed by the three principles. This essay argues, instead, that theories of justice between the young and the old should (...) not dispense with a conception of justice between different longevity groups. It concludes that we must be sensitive to lifespan variations when designing policies to promote justice across age groups. (shrink)

The paper argues against a commitment to metaphysical necessity, semantic modalities are enough. The best approaches to elucidate the semantic modalities are (still) versions of lingustic ersatzism and fictionalism, even if only developed in parts. Within these necessary properties and the difference between natural and semantic laws can be accounted for. The proper background theory for this is an updated version of Logical Empiricism, which is congenial to recent trends in Structural Realism. The anti-metaphysical attitude of Logical Empiricism deserves revitalization. (...) Another target besides metaphysical necessity are substantial forms of iterated modalities, as used, for instance, in the philosophy of religion. (shrink)

Conceptual engineering means to provide a method to assess and improve our concepts working as cognitive devices. But conceptual engineering still lacks an account of what concepts are (as cognitive devices) and of what engineering is (in the case of cognition). And without such prior understanding of its subject matter, or so it is claimed here, conceptual engineering is bound to remain useless, merely operating as a piecemeal approach, with no overall grip on its target domain. The purpose of this (...) programmatic paper is to overcome this knowledge gap by providing some guidelines for developing the theories of concepts and of cognition that will ground the systematic unified framework needed to effectively implement conceptual engineering as a widely applicable method for the cognitive optimization of our conceptual devices. (shrink)

Retirement is often viewed as a reward for a working life. While many have reason to want a work-free retirement, not everyone does. Should working retirees have to give up their retirement pension and, consequently, their status as retirees? The answer, I argue, boils down to whether we conceive of retirement as free time (need-free) or as leisure (work-free). In this article, I put forward a liberal case in favour of free time, despite whether our liberalism leans towards perfectionism or (...) neutralism, with social primary goods being a case in point. Applying this case for free time to retirement yields two significant policy implications. First, it demands “free synchronic combination” – that retirees may use their retirement pensions however they see fit, including to work. Second, it also yields “free diachronic combination” – that, within limits, individuals have discretionary control over how to combine retirement and work across time – thus challenging the idea that retirement should be available only in old age and not earlier in life. So far, the literature on free time focused only on narrow temporal units, such as hours and days, but there is much to gain by extending the concept into retirement. (shrink)

Conceptual engineering is the method for assessing and improving our concepts. However, little has been written about how best to conceive of concepts for the purposes of conceptual engineering. In this paper, I aim to fill this foundational gap, proceeding in three main steps: First, I propose a methodological framework for evaluating the conduciveness of a given concept of concept for conceptual engineering. Then, I develop a typology that contrasts two competing concepts of concept that can be used in conceptual (...) engineering — namely, the philosophical and psychological ones. Finally, I evaluate these two concepts of concept using the proposed methodological framework and I show that, when it comes to making conceptual engineering an actionable method, the psychological concept of concept outclasses its philosophical counterpart on all counts. This provides a baseline from which the concept of concept can be further improved for the purposes of conceptual engineering. (shrink)

The bridges of Königsberg case has been widely cited in recent philosophical discussions on scientific explanation as a potential example of a structural explanation of a physical phenomenon. However, when discussing this case, different authors have focused on two different versions, depending on what they take the explanandum to be. In one version, the explanandum is the _failure_ of a given individual in performing an Eulerian walk over the bridge system. In the other version, the explanandum is the _impossibility_ of (...) performing an Eulerian walk over the bridges. The goal of this paper is to show that only the latter version amounts to a real case of a structural explanation. I will also suggest how to fix the first version, and show how my remarks apply to other purported cases of structural explanations. (shrink)

Conceptual engineering is the method for assessing and improving our concepts. Some have recently claimed that the implementation of such method in the form of ameliorative projects is truth-driven and should thus be epistemically constrained, ultimately at least (Simion 2018; cf. Podosky 2018). This paper challenges that claim on the assumption of a social constructionist analysis of ideologies, and provides an alternative, pragmatic and cognitive framework for determining the legitimacy of ameliorative conceptual projects overall. The upshot is that one should (...) not ameliorate for the sake of truth or knowledge, in the case of ideologies—at least, not primarily. (shrink)

My goal in this paper is to reconstruct Anthony Collins’ challenge to the authority of orthodox Anglican figures, which arises due to arguments Collins develops in his Vindication of the Divine Attributes (1710) and Discourse on Free-Thinking (1713). In addition to shedding light on a hitherto underappreciated argument by Collins, my reconstruction allows me to propose a solution to the interpretive problem posed by §§16–22 of the fourth dialogue of Berkeley’s Alciphron (1732). While it has been acknowledged that Collins looms (...) large in the background of these sections, Berkeley’s argumentative strategy has remained perplexing to commentators, particularly his references to several Scholastic thinkers. I argue that we can make sense of Berkeley’s strategy and references if we appreciate that these sections are intended to evade Collins’ challenge. (shrink)

Conceptual engineering is the method for assessing and improving our representational devices. On its ‘broad-spectrum’ version, it is expected to be appropriately applicable to any of our representation-involving cognitive activities, with major consequences for our whole cognitive life. This paper is about the theoretical foundations of conceptual engineering thus characterised. With a view to ensuring the actionability of conceptual engineering as a broad-spectrum method, it addresses the issue of how best to construe the subject matter of conceptual engineering and successively (...) defends the theses that conceptual engineering should be: (i) About concepts, (ii) psychologically theorised, (iii) as multiply realised functional kinds. Thereby, I claim to theoretically secure and justify the maximum scope, flexibility, and impact for the method of conceptual engineering on our representational devices in our whole cognitive life—in other words, a broad-spectrum version of conceptual engineering. (shrink)

La mal llamada “Conquista del Desierto” constituyó una serie de campañas militares ocurridas en el actual territorio patagónico argentino entre los años 1878 y 1885 cuyo resultado fue el asesinato, la violación y sometimiento a la esclavitud de diversos pueblos y comunidades indígenas. Este no fue un caso aislado, sino que se suma a una serie de ataques sistemáticos que han sufrido los indígenas en la Argentina. En los últimos años, a raíz del reclamo y las luchas de los pueblos (...) y comunidades indígenas, así como también de las organizaciones de derechos humanos, se han comenzado a juzgar algunos de estos hechos. En particular, la Masacre de Napalpí (1924) y la Masacre de La Bomba (1947) fueron los primeros que lograron respuestas judiciales favorables. En ambos se determinó que el accionar estatal era constitutivo de un genocidio y, por lo tanto, se debía resarcir a las comunidades actuales. Ahora bien, la Campaña del Desierto, al día de hoy, no tiene respuesta por parte del Estado. Teniendo presente este panorama, nuestro objetivo en este trabajo es reconstruir los diferentes problemas que enfrenta la posibilidad del reclamo judicial. Para ello, comenzaremos describiendo en qué consistió la Campaña del Desierto. Luego, explicaremos la noción de genocidio aplicado a hechos de injusticias históricas. Como tercer paso, reconstruiremos los casos jurisprudenciales que se han preocupado por genocidios indígenas ocurridos en el pasado. Con este panorama revelado, nos enfocaremos en los diferentes problemas jurídicos y políticos que surgen en los reclamos de justicia. (shrink)

El trabajo consiste en una elucidación de los elementos que conforman el concepto de pena natural (poena naturalis) en el Derecho penal. Se puede caracterizar la pena natural como el daño o sufrimiento que recae sobre el autor de un delito, producto de la comisión del mismo, que debe ser descontado de la pena legal que ha de aplicársele. Si bien existe un mínimo acuerdo sobre esto, tanto en la jurisprudencia como en la doctrina penal se observan serios desacuerdos acerca (...) de los requisitos que se deben cumplir para reconocer que se está frente a una pena natural. Para elucidar los elementos, se utilizará el constructivismo conceptual de Ronald Dworkin, a fin de describir el desacuerdo y sus implicancias, reconocer los elementos principales de la pena natural y justificarlos bajo su mejor luz moral. ABSTRACT This study focuses on the clarification of the conceptual elements of poena naturalis in criminal law settings. The poena naturalis is the damage or suffering that falls on the convict for its commission. This damage must be deducted from the poena forensis to be applied. Although there is a minimum agreement about the concept of poena naturalis, in the jurisprudence and among legal scholars, there are serious disagreements about the elements of poena naturalis. To elucidate the elements, I will adopt Ronald Dworkin’s conceptual constructivism to describe the disagreement and its implications. At last, I will justify the main elements of the poena naturalis by their best moral light. (shrink)

Philosophers disagree whether composition as identity entails mereological universalism. Bricker :264–294, 2016) has recently considered an argument which concludes that composition as identity supports universalism. The key step in this argument is the thesis that any objects are identical to some object, which Bricker justifies with the principle of the universality of identity. I will spell out this principle in more detail and argue that it has an unexpected consequence. If the universality of identity holds, then composition as identity not (...) only leads us to universalism, but also leads to the view that there are no mereological atoms. (shrink)