Il saggio tratta della figura di Empedocle – pensiero e uomo insieme, per­fettamente coerenti uno con l’altro – considerandolo come un pensatore di confine, un symbolon, nel quale s’incontrano senza fondersi e senza pre­varicarsi due universi, quello del mythos e quello del logos, con tutte le lo­ro rispettive e complesse implicazioni. Tutto ciò è necessario per com­prendere la lettura che Empedocle presenta della physis, processo naturale e modo di essere ad un tempo, che si esplicita nelle quattro radici – acqua, (...) aria, terra e fuoco – che costituiscono il tutto, relazionandosi attraverso Philia e Neikos, le due forze contrarie e polari che tengono insieme l’es­sere uno e molteplice. The essay deals with the Empedocle’s figure – both man and mind per­fectly acting consistently each other – considering him like a border thin­ker, a symbolon, in wich two universes, one of the mythos and one of the logos with their respective and complex implications, meet without mixing and without prevaricating. All this is necessary to understand the Empe­docle’s reading about the physis, either a natural process or a way of being at the same time expressing itself in four roots – water, air, land and fire – which consisted the whole reporting each other through Philia and Neikos, two opposite and polar forces that keep together the one and various being. (shrink)

(Dall'introduzione del volume) Nel terzo capitolo Simone Ghelli si lancia nell’impresa di ipotizzare un percorso di lettura leviano di cui non è dato trovare riscontri filologici precisi, ma che è tuttavia percepibile “nell’aria” e nelle opere del torinese. Si tratta di una risonanza con il pensiero filosofico di Pierre Bayle e della sua riflessione sulla sofferenza nell’orizzonte speculativo di Levi, il quale tornò sovente a meditare sul problema del male e sulla spinosa questione dell’assenza di Dio e dell’impossibilità di fornire (...) una giustificazione della vita e del mondo. Ghelli arriva così a sostenere che «la posizione di Levi esprime una profonda consapevolezza filosofica, una concatenazione non casuale di concetti e argomenti riconducibile a una tradizione ben precisa: quella dell’ateismo moderno». (shrink)

According to Perdurantism, persons are identical to maximal aggregates of appropriately interrelated temporal parts. Within the Perdurantist framework, an epistemic concern arises, targeting the perduring persons’ belief that they are persons, suggesting that, ultimately, they are not in a position to know that they are persons as opposed to temporal parts. Despite the consideration it has received over the years, this concern has not yet been converted into a full-fledged objection. This paper aims to address this gap by exploring the (...) possibility of formulating a coherent Epistemic Objection against Perdurantism. We shall examine several epistemological principles around which such an objection might be built, arguing that none of them, in the end, allows a plausible formulation of the objection. As a result, we shall conclude that the burden of proving that in a Perdurantist setting persons are not in a position to know that they are persons rests with the objectors. (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)

In this issue of the Report, James L. Bernat proposes an innovative and sophisticated distinction to justify the introduction of permanent cessation as a valid substitute standard for irreversible cessation in death determination. He differentiates two approaches to conceptualizing and determining death: the biological concept and the prevailing medical practice standard. While irreversibility is required by the biological concept, the weaker criterion of permanence, he claims, has always sufficed in the accepted standard medical practice to declare death. Bernat argues that (...) the medical practice standard may be acceptable on the ground that proving circulatory or brain permanence is sufficient to assure complete accuracy for death diagnosis. -/- The topic requires public deliberation: processes to survey people's opinions and mechanisms to channel their opinions into policy-making. What is at stake is the nature of our society. Do we want an expertocracy, in which an enlightened few design policies for the greater good of the majority and exploit the lack of public knowledge to achieve compliance? (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)

En la literatura sobre las emociones una de las teorías con mayor fuerza es la llamada “teoría James-Lange”. En esta obra se intenta hacer una crítica a dicha teoría a partir de algunas observaciones de Wittgenstein sobre el uso de conceptos psicológicos, sacando a la luz dos confusiones gramaticales que surgen en ella. Para ello, se construye primero la categoría de “programa de naturalización de las emociones” que recoge las teorías del Descartes, James y Prinz, siguiendo la metodología de Lakatos. (...) Luego, se identifica como problema central el de la naturalización de la intencionalidad. Para luego exponer algunas herramientas de Wittgenstein para estudiar la gramática de la pregunta por el objeto y la intencionalidad las emociones, mostrando que las respuestas del programa de naturalización no son satisfactorias y no respetan las reglas de ciertos usos del lenguaje. (shrink)

In this dissertation, I address the question of how to construct scientific theories of emotions that are both conceptually sound and empirically fruitful. To do this, I offer an analysis of the main challenges scientific theories of emotions face, and I propose a meta-theoretical framework to construct scientific concepts of emotions as explications of folk emotion concepts. Part I discusses the main challenges theories of emotions in psychology and neuroscience encounter. The first states that a proper scientific theory of emotions (...) must explain all and only the phenomena under the vernacular term ‘emotion’ with a common set of conceptual resources and under an overarching generic concept of emotion. The second demands that each emotion category corresponds to well-coordinated sets of neural, physiological, and behavioral patterns of responses. I argue that none of the best contemporary theories of emotions in psychology and neuroscience overcomes these challenges. As a result, a new theory of emotions is required. In Part II, I develop the meta-theoretical framework to construct a theory of emotions that overcomes the challenges above. First, I propose a pluralistic account of scientific kinds based on different patterns of projection that various disciplines may take to justify inductive inferences. These are essentialist, historical, and social patterns. Each of these patterns provides a framework to construct different types of scientific concepts. I argue that among the frameworks for scientific kinds available, the one that is best suited to explicate emotion concepts is a functional framework. Consequently, I conclude by recommending scientists pursue functionalist theories of emotions over essentialist, historical, or social theories. (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)

El presente artículo confronta la abstracción resolutiva con la abstracción inmaterializante tradicional, mostrando, por medio de cuatro vías, que la abstracción resolutiva es una conquista del pensamiento de Tomás de Aquino que conlleva un replanteamiento de la epistemología aquiniana.

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)

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)

In juxtaposition with the myth and tragedy of Ovid’s Medea, this paper investigates the possibility within the Kantian conception of agency of understanding moral evil as acting against one’s better judgment. It defends the thesis that in Kant self-deception, i. e. the intentional untruthfulness to oneself, provides the fundamental structure for choosing against the moral law. I argue that, as Kant’s thought progresses, self-deception slowly proceeds to become the paradigmatic case of moral evil. This is discussed with regard to two (...) important topics in his later moral philosophy: the doctrine of radical evil and the crucial role of the duty of truthfulness in ethics. The inquiry into Kant’s theory of conscience unfolds both against this theoretical background and in light of its historical roots in the polemic against casuistry and probabilism. This contribution closes with a brief look at the tools Kant implements to counter this tendency to self-deception in moral judgment and particularly at the role casuistry plays within his conception of moral education. (shrink)

Advances in neuroscience implicate reentrant signaling as the predominant form of communication between brain areas. This principle was used in a series of masking experiments that defy explanation by feed-forward theories. The masking occurs when a brief display of target plus mask is continued with the mask alone. Two masking processes were found: an early process affected by physical factors such as adapting luminance and a later process affected by attentional factors such as set size. This later process is called (...) masking by object substitution, because it occurs whenever there is a mismatch between the reentrant visual representation and the ongoing lower level activity. Iterative reentrant processing was formalized in a computational model that provides an excellent fit to the data. The model provides a more comprehensive account of all forms of visual masking than do the long-held feed-forward views based on inhibitory contour interactions. (shrink)

‘No-fault unbelief’ can be named the view that there are those who do not believe in God through no moral or intellectual fault of their own. This view opposes a more traditional one, which can be named ‘flawed unbelief’ view, according to which religious unbelief signals a cognitive or moral flaw in the non-believer. Since this charge of mental or moral flaw causes a certain uneasiness, I oppose the former view, i.e. ‘no-fault unbelief’, with a strategy that has nothing to (...) do with the latter. I assume that ‘no-fault unbelief’ is correct and show what consequences follow for both unbelievers and believers. I conclude that the assumption in question is superficially beneficial but deeply detrimental to unbelievers, and by contrast, it is superficially detrimental and deeply beneficial to believers. (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)

Some of the manuscripts once part of Giovanni Pico della Mirandola’s collection transmit autograph notes, which have been useful to reconstruct his library. A peculiar case is represented by the notes transmitted in a codex containing the Latin translation of Moses Maimonides’ Guide of the Perplexed. These notes are actual corrections to the translation made mostly on the basis of a comparison with the Hebrew text, while in some other cases they derive from a specific interpretation. The aim of this (...) paper is to present some characteristics of the textual revisions, in particular with reference to the Hebrew source. The palaeographic data demonstrate Pico’s direct involvement, which leads to the question of the authorship of these notes, namely if they were the result of an autonomous work or of a collaboration with some other scholar. (shrink)

Can Marxist-Leninist philosophy disregard dialectical materialism, the analysis of material and social contradictions, the need to overcome and resolve them in the service of revolutionary transformation? ‘Does the lecturer acknowledge that the philosophy of Marxism is dialectical materialism’, as Lenin asked Bogdanov one day in May 1908? What had 'official Soviet Marxism' really become, capable of combining ideological dictatorship with militant philosophical ignorance, in turn justified by the achievements of modern science, skilfully used as an instrument of domination and preservation (...) of the established order? How can one conceptually dominate reality and its contradictions, knowing well that knowledge is never neutral but is class-based? These questions are answered by Evald Ilyenkov, one of the greatest Marxist philosophers of the 20th century, re-examining Lenin's Materialism and Empiriocriticism at the end of the 1970s with a text entitled Leninist Dialectics and the Metaphysics of Positivism, still unpublished in Italy, and identifying in the revolutionary leader an exceptional theoretical ally. Just as Lenin had had to fight the attacks promoted by the theories of Bogdanov, who approached the empirio-criticism of Mach, Avenarius and Berman, seeing it as dogmatic and reactionary materialism directed against the natural sciences, so Ilyenkov fought against the penetration of positivism into Soviet politics and philosophy, criticizing the rejection of the dialectic only functional to the technocratic project of building 'socialism' in the Brezhnev era, a disguised heir of the empirio-criticism denounced by Lenin as the natural metaphysical conclusion to the logic of positivism. (shrink)

Judith Jarvis Thomson has recently proposed a new argument for the thesis that killing the one in the Trolley Problem is not permissible. Her argument relies on the introduction of a new scenario, in which the bystander may also sacrifice herself to save the five. Thomson argues that those not willing to sacrifice themselves if they could may not kill the one to save the five. Bryce Huebner and Marc Hauser have recently put Thomson's argument to empirical test by asking (...) people what they should do in the new trilemma case, in which they may also sacrifice themselves. They found that the majority judge that they should either kill the one or sacrifice themselves; Huebner and Hauser argue that those numbers speak against Thomson's argument. But Thomson's argument was about the dialectical effect of the new trilemma on the traditional dilemma, rather than about the trilemma itself. Here I present the results of a study in which I asked subjects first what they should do in the trilemma and then what they should do in the traditional Trolley Problem. I found that, if asked first about the trilemma, subjects then have the intuition that killing the one in the traditional Bystander at the Switch is not permissible?exactly what Thomson's argument had predicted. (shrink)

The literature on algorithmic fairness has examined exogenous sources of biases such as shortcomings in the data and structural injustices in society. It has also examined internal sources of bias as evidenced by a number of impossibility theorems showing that no algorithm can concurrently satisfy multiple criteria of fairness. This paper contributes to the literature stemming from the impossibility theorems by examining how informational richness affects the accuracy and fairness of predictive algorithms. With the aid of a computer simulation, we (...) show that informational richness is the engine that drives improvements in the performance of a predictive algorithm, in terms of both accuracy and fairness. The centrality of informational richness suggests that classification parity, a popular criterion of algorithmic fairness, should be given relatively little weight. But we caution that the centrality of informational richness should be taken with a grain of salt in light of practical limitations, in particular, the so-called bias-variance trade off. (shrink)

The increasing application of artificial intelligence (AI) to healthcare raises both hope and ethical concerns. Some advanced machine learning methods provide accurate clinical predictions at the expense of a significant lack of explainability. Alex John London has defended that accuracy is a more important value than explainability in AI medicine. In this article, we locate the trade-off between accurate performance and explainable algorithms in the context of distributive justice. We acknowledge that accuracy is cardinal from outcome-oriented justice because it helps (...) to maximize patients’ benefits and optimizes limited resources. However, we claim that the opaqueness of the algorithmic black box and its absence of explainability threatens core commitments of procedural fairness such as accountability, avoidance of bias, and transparency. To illustrate this, we discuss liver transplantation as a case of critical medical resources in which the lack of explainability in AI-based allocation algorithms is procedurally unfair. Finally, we provide a number of ethical recommendations for when considering the use of unexplainable algorithms in the distribution of health-related resources. (shrink)

In epoca medievale si è molto discusso su alcuni concetti chiave come prova o giustificazione. La teoria della prova contenuta nei trattati di logica medievale prende il nome tecnico di consequentia, che è un tipo di ragionamento fondato sul passaggio dalla concessione (o negazione) di uno o più enunciati denominati antecedenti alla concessione (o negazione) di uno o più enunciati denominati conseguenti. Questo tipo di teoria ha avuto un correlato a livello dei singoli termini che compongono l’enunciato all'interno della teoria (...) nota come suppositio terminorum. Prende, infatti, il nome di descensus, la regola che permette la verifica del passaggio da un termine maggiore (un termine comune) ad un termine minore (che denota individui). La stessa definizione di alcune ramificazioni della teoria della suppositio è col-legata alla possibilità di ammettere o meno il descensus cioè questa "discesa" da un termine comune ad una congiunzione o disgiunzione di termini singolari. Il presente lavoro intende descrivere la teoria del descensus come un tipo particolare di consequentia mostrandone le connessioni con le moderne tecniche logiche. I trattati che si affronteranno appartengono al XIV e al XV secolo, cioè ad un periodo caratterizzato da una sistemazione della materia che li rende confrontabili con un quadro teorico unitario. (shrink)

In this paper I argue that there is an important anomaly to the causalist/compatibilist paradigm in the philosophy of action and free will. This anomaly, which to my knowledge has gone unnoticed so far, can be found in the philosophy of Harry Frankfurt. Two of his most important contributions to the field – his influential counterexample to the Principle of Alternate Possibilities and his ‘guidance’ view of action – are incompatible. The importance of this inconsistency goes far beyond the issue (...) of coherence within Frankfurt’s philosophy. I shall argue that this inconsistency represents an important anomaly within the causalist/compatibilist framework; so that we should start to seriously consider having to move on from the established paradigm. (shrink)

Epistemic closure under known implication is the principle that knowledge of "p" and knowledge of "p implies q", together, imply knowledge of "q". This principle is intuitive, yet several putative counterexamples have been formulated against it. This paper addresses the question, why is epistemic closure both intuitive and prone to counterexamples? In particular, the paper examines whether probability theory can offer an answer to this question based on four strategies. The first probability-based strategy rests on the accumulation of risks. The (...) problem with this strategy is that risk accumulation cannot accommodate certain counterexamples to epistemic closure. The second strategy is based on the idea of evidential support, that is, a piece of evidence supports a proposition whenever it increases the probability of the proposition. This strategy makes progress and can accommodate certain putative counterexamples to closure. However, this strategy also gives rise to a number of counterintuitive results. Finally, there are two broadly probabilistic strategies, one based on the idea of resilient probability and the other on the idea of assumptions that are taken for granted. These strategies are promising but are prone to some of the shortcomings of the second strategy. All in all, I conclude that each strategy fails. Probability theory, then, is unlikely to offer the account we need. (shrink)

Kant scholars have rarely addressed the centuries-old tradition of casuistry and the concept of conscience in Kant’s writings. This book offers a detailed exploration of the period from Pascal’s Provincial Letters to Kant’s critique of probabilism and discusses his proposal of a (new) casuistry as part of an moral education. *** -/- Die Debatte um Kasuistik und Probabilismus zählt zu den wichtigsten Themen der Moraltheologie und Moralphilosophie der frühen Neuzeit. In der enormen Verbreitung der Literatur über die Gewissensfälle (casus conscientiae) (...) und in der großen Resonanz der Lehre von den wahrscheinlichen Meinungen (opiniones probabiles) in der ersten Hälfte des 17. Jahrhunderts findet sich ein wirkungsmächtiges Modell für die Analyse des moralischen Handelns, in welchem Universalität des Gebots und Kontingenz der Handlung, Notwendigkeit der Norm und individuelle Freiheit miteinander versöhnt werden. Dennoch erregt dieses Modell heftige Kritik, die in Pascals berühmtem Angriff in den Briefen in die Provinz (1656–1657) gipfelt. So beginnt für die Kasuistik und den Probabilismus eine lange Krise, welche die Entstehung der modernen Moralphilosophie und den Siegeszug des kantischen Paradigmas ankündigt. Die Krise von Kasuistik und Probabilismus fällt zusammen mit einer einsetzenden rigoristischen Reaktion der christlichen Moraltheologie sowohl katholischer als auch protestantischer Prägung,welche die moralischen und spekulativen Folgen eines Rückgriffs auf Gewissensfälle und wahrscheinliche Meinungen als inakzeptabel ablehnt. Die Ablehnung geht aber weiter und dringt bis in den Kern der philosophischen Reflexion vor: Die rigoristische Reaktion gegen Kasuistik und Probabilismus entzündet sich im moralphilosophischen Denken Kants als Folge seiner umfassenden kritischen Revision der Grundbegriffe der Moralphilosophie sowie insbesondere seiner Neubestimmung des Verhältnisses von Gewissen und praktischem Urteil. Dem Grundsatz des Probabilismus setzt Kant das Kriterium der moralischen Gewißheit („quod dubitas, ne feceris!“) entgegen, das er als „Postulat des Gewissens“ bezeichnet (RGV 6:185.23–186.9).Und die Kasuistik wird als eine „Critic der Handlungen nach Sophistic“ abgestempelt, als eine „Uebung, um nach der Sophistic das Gewissen zu hintergehen oder es zu chicaniren, insofern man es in Irrthum zu setzen denkt“ (V-MS/Vigil 27:620.2–5). Dennoch weist Kant den kasuistischen Fragen eine herausragende Stellung in der Tugendlehre zu und legt der Kasuistik im Rahmen der ethischen Methodenlehre, also im Hinblick auf pädagogische Anwendungen, letztlich eine positive Funktion bei. Vermutlich ist Kants Angriff auf Kasuistik und Probabilismus durch den Einfluss Pascals philosophisch vermittelt. Kants Verhältnis zu Pascal und, allgemeiner, zu dem historischen Hintergrund, welchem dieser angehört, sind gleichwohl noch erstaunlich wenig erforscht: Trotz der wiederholten (stillschweigenden oder sogar ausdrücklichen) Hinweise an wichtigen Stellen in Kants Schriften richtet die Kant-Forschung ihre Aufmerksamkeit nur selten auf die Jahrhunderte währende Tradition der Kasuistik und den Begriff des Gewissens, der in ihrem Rahmen ausgearbeitet wird. Aus dieser langen Geschichte wird in diesem Band insbesondere der Zeitraum „von Pascal bis Kant“ eingehend untersucht, d.h. der noch wenig erkundete Zeitabschnitt von der beißenden Polemik von Pascals Briefe in die Provinz bis zu Kants eigener Kritik des Probabilismus und seinem Entwurf einer (neuen) Kasuistik als Teil der ethischen Methodenlehre. (shrink)

I argue that it is possible for prospective mothers to wrong prospective fathers by bearing their child; and that lifting paternal liability for child support does not correct the wrong inflicted to fathers. It is therefore sometimes wrong for prospective mothers to bear a child, or so I argue here. I show that my argument for considering the legitimate interests of prospective fathers is not a unique exception to an obvious right to procreate. It is, rather, part of a growing (...) consensus that procreation can be morally problematic and that generally talking of rights in this context might not be warranted. Finally, I argue that giving up a right to procreate does not imply nor suggest giving up on women’s absolute right to abort, which I defend. (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)

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of Terror Bomber and Strategic Bomber which dominates this debate is underdetermined in three crucial respects: (1) the non-psychological worlds of Terror Bomber and Strategic Bomber; (2) the psychologies of Terror Bomber and Strategic Bomber; and (3) the structure of the thought-experiment, especially in relation to its similarity with the Trolley Problem. (1) If the two (...) worlds are not identical, then it may be these differences between the two worlds and not the Doctrine of Double Effect to explain the moral difference; (2a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double Effect that explains the moral difference; (2b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. Finally, (3) the Strategic Bomber scenario could also be constructed so as to be structurally equivalent to the Fat Man scenario in the Trolley Problem: but then the Doctrine of Double Effect would give different answers to two symmetrical cases. (shrink)

I distinguish between 'hard nudges' and 'soft nudges', arguing that it is possible to show that the latter can be compatible with informed consent - as Cohen has recently suggested; but that the real challenge is the compatibility of the former. Hard nudges are the more effective nudges because they work on less than conscious mechanisms such as those underlying our habits: whether those influences - which are often beyond the subject's awareness - can be reconciled with informed consent in (...) health care is the more challenging question. I suggest two directions for possible answers: on the one hand, looking at the growing empirical literature on mindless judgement and behaviour; and on the other hand considering a more diversified conception of consent, which I sketch. (shrink)

This paper reconstructs Sartre’s account of the “circuit of ipseity” as an integral theory of the experiential, agentive and normative aspects of self-consciousness. At the core of this theory is a conception of human (self-)consciousness as lacking, and the correlation between lacking and ideal. In Section 1, I show how this theory manages to satisfy the apparently incompatible requirements generated by the idea of a pre-reflective cogito. Section 2 discusses practical self-consciousness, in particular the agent’s consciousness of herself as self-determined (...) in the projection and pursuit of ends, and how this is accounted for in Sartre’s theory by the correlation of lack and ideal. Section 3 first clarifies the Sartrean conception of the ideal by comparing it with Korsgaard’s, and then reconstructs Sartre’s account of practical normativity by showing how it can be read as emerging from a critical engagement with Heidegger. (shrink)

Balancing a hermeneutic of trust with a hermeneutic of suspicion, this article develops a phenomenological description of imagination that highlights its alethic ambiguity. Imagination is an act of disclosure, without which the world of fiction and pure possibility cannot be constituted. Imagination is also an act of self-indulgence and narcissism, the source of much concealment and untruth. It is not the one or the other, but both at the same time, essentially ambiguous because of its phenomenological constitution. In this article, (...) I will take some steps towards clarifying this essential ambiguity of the imagination by drawing on the insights of Husserl and Sartre. Beginning with Husserl’s parallel treatment of imagination and perception as intuitive, objectifying acts, I will argue, drawing on insights from Sartre, that there is an important discrepancy between them with respect to the role of desire. While the constitution of perceptual presence is inseparable from a desire for truth, the desire involved in the constitution of imaginary presence has an ambiguous character, both epistemic and magical. This duplicity of desire partly accounts for the ambiguity of imagination, which is all the more pronounced the more the imagination demands the full emotional involvement of the imagining subject. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 41-65, October 2021.

Can epistemology be shaped by the Christian faith? Is there anything specific to this faith that can give rise to an equally specific epistemology without compromising the autonomy that the latter requires from faith? In the footsteps of Aquinas's religious epistemology, I first focus on the fact that Christian faith seems to characterize intellectual activity in a way that appears to be irreconcilable with epistemological perspectives that are not shaped by faith. Second, I argue that it is possible to do (...) justice to the irreconcilability in question by making reference to what radically distinguishes the Christian faith from the epistemological reflection. Finally, I focus on two ways in which the specific nature of Christian faith can shape and promote rationality, and give rise to a Christian epistemology. (shrink)

Frente a quienes sostienen una incompatibilidad entre historia de la filosofía y filosofía, en cuanto plantean una disyuntiva entre una práctica descriptiva y una argumentativa, en este trabajo nos proponemos mostrar, examinando la labor histórico-filosófica de Aris- tóteles, que esa disyuntiva no es excluyente. Para ello, en primer lugar, examinaremos algunos pasajes de su obra en los que ofrece indicaciones metodológicas que permiten comprender la doble función que cumplen las exposiciones críticas de los filósofos precedentes en la constitución misma de (...) su filosofía. En segundo lugar, ilustraremos el tipo de argumentación aristotélica a través del análisis de las críticas que dirige a las Ideas platónicas como causas. Contra Platón, Aristóteles establece que, para dar cuenta de la ingenerabilidad e incorruptibilidad de las formas, no es necesario caracterizarlas como entidades separadas de la materia y del movimiento. Basta asegurar la eternidad de la forma a través de su reproducción en otros individuos de la misma especie. Tal análisis nos permite concluir, finalmente, que filosofía o historia de la filosofía constitu- yen una falsa disyuntiva en Aristóteles, por lo que el examen dialéctico de las doctrinas precedentes es un método adecuado de indagación filosófica. (shrink)

The argument for the moral permissibility of killing newborns is a challenge to liberal positions on abortion because it can be considered a reductio of their defence of abortion. Here I defend the liberal stance on abortion by arguing that the argument for the moral permissibility of killing newborns on ground of the social, psychological and economic burden on the parents recently put forward by Giubilini and Minerva is not valid; this is because they fail to show that newborns cannot (...) be harmed and because there are morally relevant differences between fetuses and newborns. (shrink)

The main aim of this article is to reflect on the impact of biases related to artificial intelligence (AI) systems developed to tackle issues arising from the COVID-19 pandemic, with special focus on those developed for triage and risk prediction. A secondary aim is to review assessment tools that have been developed to prevent biases in AI systems. In addition, we provide a conceptual clarification for some terms related to biases in this particular context. We focus mainly on nonracial biases (...) that may be less considered when addressing biases in AI systems in the existing literature. In the manuscript, we found that the existence of bias in AI systems used for COVID-19 can result in algorithmic justice and that the legal frameworks and strategies developed to prevent the apparition of bias have failed to adequately consider social determinants of health. Finally, we make some recommendations on how to include more diverse professional profiles in order to develop AI systems that increase the epistemic diversity needed to tackle AI biases during the COVID-19 pandemic and beyond. (shrink)

I argue that the arguments brought by Counsel for M to the English Court of Protection are morally problematic in prioritising subjective interests that are the result of ‘consistent autonomous thought’ over subjective interests that are the result of a more limited cognitive perspective.

Aproximación a los problemas que implica la obtención y posterior tratamiento de muestras biológicas en menores para desarrollar investigación científica. Este trabajo se ha realizado en el marco y gracias al Proyecto I+D+i Minoría de edad, vulnerabilidad e investigación biomédica (Minor-Inbio) Ref. nº. DER2013-47232-R, Ministerio de Economía y Competitividad.

In this article, I analyze the evolution of Husserl's view on the normativity of logic and the corresponding changes in his phenomenological analysis of judgment. Initially, in the Prolegomena, Husserl claimed that the laws of pure logic are ideal and acquire normative status only as a result of application. Later, however, he revised this position and claimed that the same laws are at once ideal and normative. Sections 1 and 2 present textual evidence for attributing such a change of position (...) to Husserl, which is not generally acknowledged in the literature. Section 3 critically examines Husserl's early position, with specific attention to the model of instantiation. Sections 4–6 identify three key stages in the development of Husserl's theory of judgment that lead to the normative conception of pure logic: (1) the critique of the dissociation of ideal content and assertive force; (2) the rejection of the instantiation model of proposition and the development of a new account in terms of identification; (3) the genetic‐phenomenological interpretation of proposition and the elaboration of the three‐layer structure of pure logic. (shrink)

In this article we explore the relationship between consciousness and the unconscious as it has taken shape within contemporary cognitive science - meaning by this term the mature cognitive science, which has fully incorporated the results of the neurosciences. In this framework we first compare the neurocognitive unconscious with the Freudian one, emphasizing the similarities and above all the differences between the two constructs. We then turn our attention to the implications of the centrality of unconscious processes in cognitive science (...) for the classical conception of the self. Our analysis will bring to light a bit of claustrophobic dialectic between an eliminative variety of naturalism and an anti-naturalistic form of hermeneutics. Hence we conclude by recommending the pursuit of a mediation between such extreme stances. (shrink)

Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...) analysis of why statistical evidence should raise concerns in some cases but not others. I argue that when there is a mismatch between the specificity of the evidence and the expected specificity of the accusation, statistical evidence—as any other kind of evidence—should be considered insufficient to sustain a conviction. I rely on different stylized court cases to illustrate the explanatory power of this analysis. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

Thinking is overrated: golfers perform best when distracted and under pressure; firefighters make the right calls without a clue as to why; and you are yourself ill advised to look at your steps as you go down the stairs, or to try and remember your pin number before typing it in. Just do it, mindlessly. Both empirical psychologists and the common man have long worked out that thinking is often a bad idea, but philosophers still hang on to an intellectualist (...) picture of human action. This book challenges that picture and calls on philosophers to wake up to the power of mindlessness: it is our habits, skills and conventions that help us cope with a world way too diverse for us to hope to always reinterpret it. The book presents the empirical evidence that has been accumulating over the last few decades and offers a philosophical analysis of mindless phenomena such as habits, skilled activity, automatic actions, emotional and spontaneous reactions and social conventions, arguing that traditional philosophical theories of action should be revised to do justice to this forgotten but important part of our lives: when we act mindlessly, we are free and fully rational even though we neither deliberate nor are aware of what we are doing. (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)

On the verge of the 1917 October revolution, Lenin reads and elaborates on the Hegel's Science of Logic, as if he were attempting to outline, from it, specific effects. Theoretical effects, because human activity is never uncoupled from the logic objective, through which the real matter unfolds and to whom each individual indissolubly belongs. Practical effects, because if Hegelian philosophy is good for the Church, for the bourgeoisie, for the capital, by changing the order of some of its factors it (...) may as well turn out good for guiding the practical-cognitive development of an urgent proletarian revolution. (shrink)

In 1931, Evgeny Pashukanis, the distinguished Soviet jurist, author of “The General Theory of Law and Marxism”, following an invitation to celebrate the centenary of Hegel’s death, published an assay entitled “Hegel, the State and Law” (Гегель. Государство и право) aimed to demistify, through a brief retrospective of Hegelian’s philosophy, its specific use, something achieved through the bourgeois ideology which, at some point in history, abandoned Kantism and its followers to embrace Neo-Hegelianism as a philosophy of domination and social control. (...) In this unpublished text, Pashukanis reflects, from a Marxist and Leninist point of view, on the ability to use Hegel as a bourgeois defense tool, when a particular society, specifically the one from the 1920s to the 1930s, began to be affected by the fear of communism and by the crises that endanger its very survival. From this angle, the capitalist interest - following Pashukanisian interpretation of Hegel - will only develop in the terms of a scientific elimination of all those subversive potentials that the economic crisis is destined to produce, thus reformulating the notions of State and Law which, in between obedience, discipline and defense of the homeland, come to assert the official recognition of the inexorably crushed proletariat in a condition in which all relations of production and social reproduction are transferred to the realm of exploitation, as its definitive subsumption to capital. (shrink)

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

This article examines Jacobi's two novels, Allwill and Woldemar indirectly showing how much Allwill prefigures Kierkegaard's Seduce in Either/Or and the plot of Woldemar Hegel's final scene of Section VI of his Phenomenology of Spirit.