Uno de los temas recurrentes en el análisis de la prueba pericial, al menos en los sistemas de tradición romano-germánica, es la parcialidad o imparcialidad de los expertos, fundamentalmente considerada como un criterio para la atribución de valor probatorio. Por ello, vale la pena profundizar en este tema, distinguiendo en primer lugar diversos sentidos de “im/parcialidad”, para luego concretar mecanismos jurídico-procesales que ayuden a identificar cuándo un perito está siendo parcial a lo largo de las diferentes etapas probatorias.

This article introduces the concept of technological citizenship as a status for individuals consisting of rights and obligations within bounded technological polities enforced by statist structures. The model reconciles freedom to innovate with the affirmation of the autonomy and dignity of laypersons and the assimilation of laypersons with their world. It seeks lay control over the introduction and ongoing management of environmental hazards and self-verification of safety. The rights and obligations of TC compose a "new social contract of complexity." Even (...) with different values stressed, the name, concept, and terms of TC would streamline studies of peril. (shrink)

In this paper we show that an essential aspect of solving the problem of uncritical acceptance of expert opinions that is at the root of the ad verecundiam fallacy is the need to disentangle argument from expert opinion from another kind of appeal to authority. Formal and computational argumentation systems enable us to analyze the fault in which an error has occurred by virtue of a failure to meet one or more of the requirements of the argumentation scheme from argument (...) from expert opinion. We present a method for enhancing this capability by showing how arguments from expert opinion are related to, but different from, arguments from deontic authority. (shrink)

Joseph Raz’s theory of authority has become influential among moral, political, and legal philosophers. This article will provide an overview and accessible explanation of the theory, guiding those coming to it for the first time as to its theoretical ambitions within the wider issues of authority, and through its intricacies. I first situate the theory among philosophical examinations of authority, and then explain the theory itself in detail.

In this paper, I want to make two main points. The first point is methodological: Instead of attempting to give a classical analysis or reductive definition of the term “expertise”, we should attempt an explication and look for what may be called symptoms of expertise. What this comes to will be explained in due course. My second point is substantial: I want to recommend understanding as an important symptom of expertise. In order to give this suggestion content, I begin to (...) develop an account of understanding. Finally, I will draw attention to some consequences of this approach. (shrink)

In this paper I argue that the distinction between epistemic privilege and epistemic authority is an important one for feminist epistemologists who are sympathetic to feminist standpoint theory, I argue that, while the first concept is elusive, the second is really the important one for a successful feminist standpoint project.

In this paper, I argue that arguments from expert opinion, i.e., inferences from “Expert E says that p” to “p,” where the truth value of p is unknown, are weak arguments. A weak argument is an argument in which the premises, even if true, provide weak support—or no support at all—for the conclusion. Such arguments from expert opinion are weak arguments unless the fact that an expert says that p makes p significantly more likely to be true. However, research on (...) expertise shows that expert opinions are only slightly more accurate than chance and much less accurate than decision procedures. If this is correct, then it follows that arguments from expert opinion are weak arguments. (shrink)

In this paper, I argue that ad hominem arguments are not always fallacious. More explicitly, in certain cases of practical reasoning, the circumstances of a person are relevant to whether or not the conclusion should be accepted. This occurs, I suggest, when a person gives advice to others or prescribes certain courses of action but fails to follow her own advice or act in accordance with her own prescriptions. This is not an instance of a fallacious tu quoque provided that (...) such circumstantial ad hominem arguments are construed as rebuttals to appeals (administrative) authority (of expertise), or so I argue. (shrink)

A major facet of the bioethics phenomenon in North America has been the emergence of a new profession on the healthcare turf: a growing number of people calling themselves or being called “bioethicists.” Bioethicists are plying their trade mainly as ethics consultants in hospital settings and as researchers and educators with university affiliations. Other more questionable affiliations can easily be imagined: Bioethicist for a controversial transplant program? For a lobby or advocacy group? For a pharmaceutical company?

The literature on collective action largely ignores the constraints that moral principle places on action-prompting intentions. Here I suggest that neither individualism nor holism can account for the generality of intentional contents demanded by universalizability principles, respect for persons, or proactive altruism. Utilitarian and communitarian ethics are criticized for nominalism with respect to social intentions. The failure of individualism and holism as grounds for moral theory is confirmed by comparing Tuomela's reductivist analysis of we-intentions with Gilbert's analysis of social facts. (...) Tuomela's account founders over intentions to cooperate, and Gilbert's cannot accommodate legitimate authority, vicarious agency, or group structure. (shrink)

Universities can and have existed without academic freedom and academic tenure. But academic freedom is necessary for a university dedicated to the pursuit of knowledge in a democratic society. Both academic freedom and academic tenure are not only rights but also carry with them moral obligations. Furthermore academic tenure is the best defense of academic freedom that American universities have found. Academic tenure can be successfully defended from the many contemporary attacks to which it is being subjected only insofar as (...) it is necessary to defend academic freedom, and only if all involved in the system of tenure observe the ethical requirements that the system demands. (shrink)

Authority is an uneasy, political notion. Heard with modern ears, it calls forth images of oppression and power. In institutional settings, authority is everywhere present, and its use poses problems for the exercise both of individual autonomy and of responsibility. In medical ethics, the exercise of authority has been located on the side of the physician or the health care institution, and it has usually been opposed by appeal to patient autonomy and rights. So, it is not surprising, though still (...) ironic, that ethics consultation, which develops from this patient rights-dominated ethic, should itself bring forth questions of authority. Nonetheless, it does.Insofar as authority has been discussed in ethics consultations, it has been understandably approached from the broad perspective of legitimation and power, which are common themes in social and political treatments of authority. These treatments have dominated twentieth-century discussions of authority, which primarily view authority as legitimate power. (shrink)

In this paper I argue that the distinction between epistemic privilege and epistemic authority is an important one for feminist epistemologists who are sympathetic to feminist standpoint theory, I argue that, while the first concept is elusive, the second is really the important one for a successful feminist standpoint project.

Authority is an uneasy, political notion. Heard with modern ears, it calls forth images of oppression and power. In institutional settings, authority is everywhere present, and its use poses problems for the exercise both of individual autonomy and of responsibility. In medical ethics, the exercise of authority has been located on the side of the physician or the health care institution, and it has usually been opposed by appeal to patient autonomy and rights. So, it is not surprising, though still (...) ironic, that ethics consultation, which develops from this patient rights-dominated ethic, should itself bring forth questions of authority. Nonetheless, it does. Insofar as authority has been discussed in ethics consultations, it has been understandably approached from the broad perspective of legitimation and power, which are common themes in social and political treatments of authority. These treatments have dominated twentieth-century discussions of authority, which primarily view authority as legitimate power. (shrink)

Managed care is evolving in ways that pose unique ethical challenges to those interested in the intersection of clinical and organizational ethics. For example, Disease Management is a form of managed care that has emerged in response to chronic illness. DM is a healthcare management tool that coordinates resources across an entire health care delivery system and throughout the life cycle of chronic disease. Health Maintenance Organizations have reduced some costs in the delivery of acute care, but real cost savings (...) will result only with greater efficiencies in the delivery of costly chronic care. DM is a systematic, population-based approach that identifies persons at risk of chronic ailment, intervenes with specific programs of care, measures clinical and other outcomes, and provides continuous quality improvement. Characterized as a movement to patient-driven services, DM involves a complex web of provider relations. (shrink)

Managed care is evolving in ways that pose unique ethical challenges to those interested in the intersection of clinical and organizational ethics. For example, Disease Management is a form of managed care that has emerged in response to chronic illness. DM is a healthcare management tool that coordinates resources across an entire health care delivery system and throughout the life cycle of chronic disease. Health Maintenance Organizations have reduced some costs in the delivery of acute care, but real cost savings (...) will result only with greater efficiencies in the delivery of costly chronic care. DM is a systematic, population-based approach that identifies persons at risk of chronic ailment, intervenes with specific programs of care, measures clinical and other outcomes, and provides continuous quality improvement. Characterized as a movement to patient-driven services, DM involves a complex web of provider relations. (shrink)

A number of recent authors, most notably Joseph Heath, have persausively defended a market‐centered account of corporate responsibility that grounds standards of business conduct upon the normative presuppositions of the market. They have us focus on two important items: first, the value of welfare, or Pareto efficient outcomes, which underwrites the legitimacy of market arrangements; and second, the behavioral requirements needed to assure that corporations conduct business in a manner consistent with this value. This article critically examines the aspirations of (...) this literature by embracing its basic method but questioning how well it understands the aim of the market. It puts forth a limited case for corporate responsibility anchored in other dimensions of the public good, distinct from the value of efficiency, and argues that a plausible understanding of corporate responsibility arises from the notion that market arrangements are sites of delegated social authority to provision other aspects of the common good. (shrink)