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)

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: 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)

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)

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)

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)

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)

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)

[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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

Drawing on Husserl, Ingarden and Levinas’ works, this article explores Ibsen’s Rosmersholm from a phenomenological perspective, aiming to shed light both on this play and on the phenomenology of hunger and theatre, as well as on the larger meaning of alimentary enjoyment.

Using the KenKen puzzle may improve students’ performance in operating integers. Quasi-experimental research was conducted to determine the effectiveness of this intervention on the performance and attitude of students in a collaborative learning environment. One hundred four purposively selected Grade 7 students in Nueva Ecija served as respondents and the experimentation lasted four days following the K to 12 Learners Manual. An increase in the student’s performance was found after utilizing the KenKen puzzle, where a significant difference between the posttest (...) and pretest was recorded after the four days of utilization of the puzzle. Besides, students’ attitude toward operating integers showed positivity as it is enjoyable, interesting, challenging, and developing creativity and critical thinking. Moreover, a strong relationship was found between the students’ performance and attitude in operating integers. This suggests that the KenKen puzzle helped improve the students’ performance and attitude in operating integers in a collaborative learning environment. (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)

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)

Technological developments involving robotics and artificial intelligence devices are being employed evermore in elderly care and the healthcare sector more generally, raising ethical issues and practical questions warranting closer considerations of what we mean by “care” and, subsequently, how to design such software coherently with the chosen definition. This paper starts by critically examining the existing approaches to the ethical design of care robots provided by Aimee van Wynsberghe, who relies on the work on the ethics of care by Joan (...) Tronto. In doing so, it suggests an alternative to their non-principled approach, an alternative suited to tackling some of the issues raised by Tronto and van Wynsberghe, while allowing for the inclusion of two orientative principles. Our proposal centres on the principles of autonomy and vulnerability, whose joint adoption we deem able to constitute an original revision of a bottom-up approach in care ethics. Conclusively, the ethical framework introduced here integrates more traditional approaches in care ethics in view of enhancing the debate regarding the ethical design of care robots under a new lens. (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)

El objetivo de este artículo es clarificar la noción de «vida auténtica» tal y como es descrita por Joan Roura-Parella en su última obra Tema y variaciones de la personalidad (1950). Por «vida auténtica» se entiende una vida autogobernada, que permite al individuo realizar su propia singularidad y, por tanto, preservar su autonomía y dignidad como persona. Una vida dominada por factores ajenos al propio individuo, sean cuales sean éstos, es una vida alienada, que no permite el desarrollo del individuo (...) en tanto la persona que es. Se señala la relevancia filosófica de la propuesta de Roura-Parella, que es la de ofrecer una justificación no-evidencial para una forma de vida cristiana, agapística. De acuerdo con Roura-Parella, una forma de vida basada en la entrega amorosa para con el prójimo está justificada en tanto que ésta es el resultado último de nuestra propia condición natural, constituyendo así un acto de afirmación personal y siendo, por tanto, condición necesaria para gozar de una vida auténtica — «la vida alcanza su hondo sentido al salirse de sí misma para darse a los demás» (Roura-Parella, Tema y variaciones de la personalidad, 1950, p. 229). Se señalan las diferencias y semejanzas de la propuesta de Roura-Parella con respecto a las de Miguel de Unamuno y Joaquim Xirau, autores que fueron cercanos a Roura-Parella y quienes, aunque partiendo de razonamientos distintos a los de Roura-Parella, también concibieron la entrega amorosa para con el prójimo como un acto de afirmación personal. (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)

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.

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)

Conscientious objection in health care is a form of compromise whereby health care practitioners can refuse to take part in safe, legal, and beneficial medical procedures to which they have a moral opposition (for instance abortion). Arguments in defense of conscientious objection in medicine are usually based on the value of respect for the moral integrity of practitioners. I will show that philosophical arguments in defense of conscientious objection based on respect for such moral integrity are extremely weak and, if (...) taken seriously, lead to consequences that we would not (and should not) accept. I then propose that the best philosophical argument that defenders of conscientious objection in medicine can consistently deploy is one that appeals to (some form of) either moral relativism or subjectivism. I suggest that, unless either moral relativism or subjectivism is a valid theory—which is exactly what many defenders of conscientious objection (as well as many others) do not think—the role of moral integrity and conscientious objection in health care should be significantly downplayed and left out of the range of ethically relevant considerations. (shrink)

Many scholars claimed that, according to Immanuel Kant, some judgements lack a truth-value: analytic judgements, judgements about items of which humans cannot have experience, judgements of perception, and non-assertoric judgements. However, no one has undertaken an extensive examination of the textual evidence for those claims. Based on an analysis of Kant's texts, I argue that: (1) according to Kant, only judgements of perception are not truth-apt. All other judgements are truth-apt, including analytic judgements and judgements about items of which humans (...) cannot have experience. (2) Kant sometimes states that truth-apt judgements are actual bearers of truth or falsity only when they are taken to state what is actually the case. Kant calls these judgements assertoric. Other texts ascribe truth and falsity to judgements, regardless of whether they are assertoric. Kant's views on truth-aptness raise challenges for correspondentist and coherentist interpretations of Kant's theory of truth; they rule out the identification of Kant's crucial notion of objective validity with truth-aptness; and they imply that Kant was not a verificationist about truth or meaning. (shrink)

According to Crane’s schematicity thesis (ST) about intentional objects, intentionalia have no particular metaphysical nature qua thought-of entities; moreover, the real metaphysical nature of intentionalia is various, insofar as it is settled independently of the fact that intentionalia are targets of one’s thought. As I will point out, ST has the ontological consequence that the intentionalia that really belong to the general inventory of what there is, the overall domain, are those that fall under a good metaphysical kind, i.e., a (...) kind such that its members figure (for independent reasons) in such an inventory. Negatively put, if there are no things of a certain metaphysical kind, thoughts about things of that kind are not really committed to such things. Pace Crane, however, this does not mean that the intentionalia that are really there are only those that exist. For existence, qua first-order property, is no metaphysical kind. Thus, there may really be intentionalia that do not exist, provided that they belong to good metaphysical kinds. (shrink)

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

The nature of pre-reflective self-consciousness—viz., the putative non-inferential self-consciousness involved in unreflective experiences, has become the topic of considerable debate in recent analytic philosophy of consciousness, as it is commonly taken to be what makes conscious mental states first-personally given to its subject. A major issue of controversy in this debate concerns what pre-reflective self-consciousness is an awareness of. Some scholars have suggested that pre-reflective self-consciousness involves an awareness of the experiencing subject. This ‘egological view’ is opposed to the ‘non-egological (...) view’, according to which the subject, in being pre-reflectively self-conscious, is just aware of their own occurrent mental state. In this paper, I argue in favour of the egological view. The argument I develop is a qualified version of a line of reasoning originally provided by Rosenthal and builds on a proper clarification of the ontological status of token mental states. More precisely, I argue that token mental states are structured ‘fact-like’ entities having their subject among their constituents. Accordingly, one cannot be aware of one’s own occurrent mental state without thereby being aware of oneself. (shrink)

This paper argues that early modern experimental philosophy emerged as the dominant member of a pair of methods in natural philosophy, the speculative versus the experimental, and that this pairing derives from an overarching distinction between speculative and operative philosophy that can be ultimately traced back to Aristotle. The paper examines the traditional classification of natural philosophy as a speculative discipline from the Stagirite to the seventeenth century; medieval and early modern attempts to articulate a scientia experimentalis; and the tensions (...) in the classification of natural magic and mechanics that led to the introduction of an operative part of natural philosophy in the writings of Francis Bacon and John Johnston. The paper concludes with a summary of the salient discontinuities between the experimental/speculative distinction of the mid-seventeenth century and its predecessors and a statement of the developments that led to the ascendance of experimental philosophy from the 1660s. (shrink)

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)

In this paper, I will defend the claim that there are three existence properties: the second-order property of being instantiated, a substantive first-order property (or better a group of such properties) and a formal, hence universal, first-order property. I will first try to show what these properties are and why we need all of them for ontological purposes. Moreover, I will try to show why a Meinong-like option that positively endorses both the former and the latter first-order property is the (...) correct view in ontology. Finally, I will add some methodological remarks as to why this debate has to be articulated from the point of view of reality, i.e., by speaking of properties, rather than from the point of view of language, i.e., by speaking of predicates (for such properties). (shrink)

Reliance on intuitive and emotive responses is widespread across many areas of bioethics, and the current debate on biotechnological human enhancement is particularly interesting in this respect. A strand of “bioconservatives” that has explicitly drawn connections to the modern conservative tradition, dating back to Edmund Burke, appeals explicitly to the alleged wisdom of our intuitions and emotions to ground opposition to some biotechnologies or their uses. So-called bioliberals, those who in principle do not oppose human bioenhancement, tend to rely on (...) rational arguments and to see intuitions and emotions mostly as sources of biases. This approach often translates into shifting the burden of proof onto bioconservatives and challenging them to provide arguments against the proposed enhancement to back what bioliberals perceive as merely intuitive, emotive, and irrational reactions. -/- In this article, I am going to show that the methodological divide between bioliberals and bioconservatives is less significant than at first glance it appears to be and less significant than it is often taken to be. I will do so by defending two theses. The first is that reliance on intuitions and emotions is not a prerogative of bioconservatives: bioliberals have their typical intuitions and emotive responses and are for this reason exposed to potential biases in the same way as bioconservatives are. The second thesis is that reliance on intuitions and emotions is not necessarily antithetic to reason and rationality. This latter thesis has been philosophically defended with particular reference to the debate on biotechnologies, while the former is perhaps more controversial and more difficult to accept—at least for bioliberals. In both cases, I will support the claims by drawing on resources from the field of moral psychology and the sciences of the mind and, particularly, by applying to some positions in the enhancement debate recent findings about the role of intuitions and emotions in human moral assessment. This new empirically informed perspective holds promises for solving the methodological controversy between bioconservatives and bioliberals, thus enabling proper dialogue and debate between the two sides. (shrink)

In 1930, the Spanish philosopher Miguel de Unamuno (1864–1936) wrote one of his most well-known novels, San Manuel Bueno, mártir [Saint Manuel Bueno, Martyr]. The novel is about the fictional character Manuel Bueno, a catholic priest from a small Spanish village who, despite being unable to believe the Christian claim that there is an after earthly death life, devotes himself to the spiritual care of his people, being thereby sanctified after his death. The aim of this paper is to show (...) that the guideline of San Manuel Bueno, mártir is the expression, in fictional, non-philosophical language, of the conception of religious faith Unamuno had already defended in his major philosophical work, Del sentimiento trágico de la vida en los hombres y los pueblos [The Tragic Sense of Life in Men and Nations]. (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)

Although the notion of empiricism looms large in many histories of early modern philosophy, its origins are not well understood. This paper aims to shed light on them. It examines the notions of empirical philosopher, physician, and politician that are employed in a range of seventeenth- and eighteenth-century texts, alongside related notions (e.g. "experimental philosophy") and methodological stances. It concludes that the notion of empiricism used in many histories of early modern thought does not have pre-Kantian origins. It first appeared (...) and became widely used in late eighteenth-century Germany, in the course of the early debates on Kant's Critical philosophy. (shrink)

In this paper I argue for a syncretistic theory of depiction, which combines the merits of the main paradigms which have hitherto faced themselves on this issue, namely the perceptualist and semioticist approaches. The syncretistic theory indeed takes from the former its stress on experiential factors and from the latter its stress on conventional factors. But the theory is even more syncretistic than this, for the way it accounts for the experiential factor vindicates several claims defended by different perceptualist theories. (...) In a nutshell, according to the syncretistic theory a picture depicts its subject iff i) it is transformed into an entity-cum-meaning and ii) one has the twofold experience of seeing that subject in the picture qua noninterpreted entity, the image, just in case one consciously misrecognizes it in consciously seeing that image, for that subject resembles the image in some grouping properties (originally labelled Gestalt-qualities in psychology). By appealing to objective resemblance in grouping properties, the theory can vindicate what are nowadays taken to be the most neglected doctrines in the perceptualist camp: objective resemblance theories. By appealing, moreover, to conscious misrecognition, the theory not only squares with both the seeing-in and the recognition theories of depiction, but it also shows the grain of truth in illusion theories of depiction, since conscious misrecognition is a kind of perceptual illusion. (shrink)