Aunque el derecho probatorio y el derecho procesal se han dedicado desde siempre al estudio de los problemas relacionados con las pruebas y el establecimiento de los hechos en los procesos judiciales, el énfasis ha estado siempre en el aspecto formal, doctrinal y procedimental en detrimento de los fundamentos filosóficos y teóricos. Durante los últimos años ha habido un intento sostenido de explorar estos fundamentos combinando no sólo las herramientas tradicionales proporcionadas por la lógica, la gramática y la retórica, sino (...) también los avances hechos en ciencias como la estadística y la probabilidad, la medicina y la psicología forenses, la psicología de la percepción, la epistemología y la filosofía de la ciencia. El presente libro reúne las contribuciones de destacados juristas y filósofos latinoamericanos a esta nueva perspectiva interdisciplinaria, conocida como epistemología jurídica. El libro está dividido en tres grandes temas: la primera parte explora los problemas epistemológicos del conocimiento de los hechos en los procesos judiciales; la segunda se enfoca en el problema de los estándares de prueba; y la sección final discute el testimonio de los expertos. En su conjunto el libro ofrece un panorama tanto de los problemas centrales de la epistemología jurídica, como del estado del arte de la disciplina. (shrink)

Unlike other classical arguments for the existence of God, Pascal’s Wager provides a pragmatic rationale for theistic belief. Its most popular version says that it is rationally mandatory to choose a way of life that seeks to cultivate belief in God because this is the option of maximum expected utility. Despite its initial attractiveness, this long-standing argument has been subject to various criticisms by many philosophers. What is less discussed, however, is the rationality of this choice in situations where the (...) decision-makers are confronted with greater uncertainty. In this paper, I examine the imprecise version of Pascal’s Wager: those scenarios where an agent’s credence that God exists is imprecise or vague rather than precise. After introducing some technical background on imprecise probabilities, I apply five different principles for decision-making to two cases of state uncertainty. In the final part of the paper, I argue that it is not rationally permitted to include zero as the lower probability of God’s existence. Although the conditions for what makes an act uniquely optimal vary significantly across those principles, I also show how the option of wagering for God can defeat any mixed strategy under two distinct interpretations of salvation. (shrink)

Father André Scrima is one of the most enigmatic figures of the Romanian Orthodox Church. Everything related to him passes as extraordinary. He was an exception among the Romanian intellectuals who suffered under communism. Beyond that, his journeys and spiritual experiences possess something indescribable, almost sacramental. His presence overwhelmed those who met him and his writings retained this trait. The present study focuses on Scrima’s Christology, highlighting its uniqueness and its practical implications. Although Scrima does not dedicate a book to (...) the subject, all of his writings refer to it. However, due to his distinctiveness, it is difficult to organize his Christology in a systematic way. The most lucrative approach is to group his texts along the hermeneutical moments that define his writing: images, stories and stances. In Scrima’s logic, all words/signs are the very synthesis of a spiritual experience, all stories develop the theo-logical synthesis of the signs, and the relation between the stories forms the tradition as a set of interrogations and communitarian commitments. If we evaluate Scrima’s Christology in this manner, we do not come to a system, but to a succession of images. The core of these images re-mains the same, Jesus Christ, yet it is seen in nuances that unveil His beauty – Stranger, Gate, Logos, Name above all names –, in an unpredictable play of perspectives. It can be said that Scrima’s approach resembles a kaleidoscope, which, by using mirrors and light, gives an insight to the unsuspected possibilities of all fixed forms. (shrink)

The recent publication of André Bazin's Écrits complets, an enormous two-volume edition of 3000 pages which increases ten-fold Bazin's available corpus, provides opportunities for renewed reflection on, and possibly for substantial revisions of, this key figure in film theory. On the basis of several essays, I propose a drastic rereading of Bazin's most explicitly philosophical notion of “ontology.” This all too familiar notion, long settled into a rather dust-laden couple nonetheless retains its fascination. Rather than attempting to provide a systematic (...) reworking of this couple along well established lines, particularly those defined by realism and indexicality, this article proposes to shift the notion of ontology in Bazin from its determination as actual existence toward a more radical concept of ontology based on the notion of mimesis, particularly as articulated, in a Heideggerian mode, by Philippe Lacoue-Labarthe. This more properly ontological concept, also paradoxically and radically improper, is shown to be at work already in Bazin's texts, and it allows us to see that far from simplistically naturalizing photographic technology, Bazin does the contrary: he technicizes nature. If Bazin says that the photograph is a flower or a snowflake, he also implies that, like photographs, these are likewise a kind of technical artifact, an auto-mimetic reproduction of nature. Bazin likewise refers to film as a kind of skin falling away from the body of History, an accumulating pellicule in which nature and history disturbingly merge. This shifted perspective on Bazin's thinking is extended further in reference to Georges Didi-Huberman on the highly mimetic creatures known as phasmids, insects that mimic their environement. I extend this into the dynamic notion of eternal return, an implicit dimension of Bazin's thinking, clarified here in reference to Giorgio Agamben and the “immemorial image” which, like Bazin's “Death Every Afternoon,” presents an eminently repeatable deathly image, an animated corpse-world that can be likened to hell. (shrink)

Why I thought it useful to offer an explanation of Hegel’s doctrine on the Incarnation was so that the reader may be empowered to identify Hegel’s influence in modern accounts of this mystery. Even if, in my view, Hegel’s interpretation of revealed religion differs greatly from Catholic Doctrine, it is not surprising to find the presence of some of his concepts in modern theology. In truth, what matters is not the theologian’s self-identification as Hegelian or as non-Hegelian, but whether or (...) not the theologian adopts Hegel’s concepts. This paper offers an explanation of the internal dynamism of Hegelian concepts and their relation to Christian doctrine in Hegel’s Phenomenology of Spirit. This research may help to show in what way it is possible to explain Christian religious doctrine with a philosophy other than the Thomistic one and how, at least in Hegel’s case, religious doctrine is changed and reduced to an erroneous philosophical content. Also, an attempt is made to show the internal “coherence” of this Hegelian re-reading of Christianity so that theologians may become more cautious about accepting an explanation of Christian doctrine simply because the Christian language is preserved in that explanation. (shrink)

Moore’s Paradox is a test case for any formal theory of belief. In Knowledge and Belief, Hintikka developed a multimodal logic for statements that express sentences containing the epistemic notions of knowledge and belief. His account purports to offer an explanation of the paradox. In this paper I argue that Hintikka’s interpretation of one of the doxastic operators is philosophically problematic and leads to an unnecessarily strong logical system. I offer a weaker alternative that captures in a more accurate way (...) our logical intuitions about the notion of belief without sacrificing the possibility of providing an explanation for problematic cases such as Moore’s Paradox. (shrink)

This is a review of Kazutaka Inamura's book "Justice and Reciprocity in Aristotle's Political Philosophy" (Cambridge University Press, 2017).

The essay discusses the interpretation of Aristotle's natural right teaching by Leo Strauss. This interpretation ought to be seen as the result of an investigation into the history of philosophy and of an attempt to philosophically address political problems. By virtue of this twofold origin, the Straussian commentary is unorthodox: it deviates from traditional Aristotelianism (Aquinas and Averroes) and it seems alien to the text of the Nicomachean Ethics. Strauss's criticism of medieval variants results from their incapacity—shared by contemporary political (...) thought—to address a perplexing issue: political exception. He sees in Aristotle's political teaching a way to escape from this failure: the unification, in natural right, of the requirements of statesmanship and ethics. The discovery of this way allowed Strauss to produce an interpretation of natural right that articulates important points pertaining to Aristotelian political science. (shrink)

El artículo expone el papel del otro y de lo otro en la hermenéutica de Gadamer a la luz de la idea de diálogo. Para comprender se requiere reconocer lo otro en su carácter de tú, asumir que no se tiene distancia frente a él y estar abierto a acoger lo dicho por él como una posible verdad. La compresión posee una estructura dialéctica que implica la cancelación de las propias expectativas y el acceso a un saber más abarcante. Aunque (...) la comprensión es histórica, en ella se muestra cada vez un aspecto de la cosa misma, que resulta de la interacción del yo y el tú en el curso de la conversación hermenéutica y que constituye una verdad común con caracteres análogos a los del saber de tipo práctico. [The paper exposes the role of the other in Gadamer’s hermeneutics in the light of the idea of dialogue. Understanding requires the recognition of the other as a thou, the acceptance of the lack of distance from him and the openness to embrace what is said by him as a possible truth. Understanding has a dialectical structure which implies the cancellation of one’s own expectations and the access to a more comprehensive knowledge. Even though every understanding is historical, it discloses an aspect of the thing itself, which results from the interaction of the I and the thou during the process of hermeneutical conversation and constitutes a common truth with analogous characteristics to practical reason.] . (shrink)

The third part of the Timaeus, where the account is focused on the cooperation of reason and necessity, has received far less attention than the opening two sections. Particularly, the description of irrigation, digestion and respiration constitutes a challenging passage that has been conspicuously overlooked by scholarly research. Virtually the only modern explanation for the passage was devised by Cornford, and despite several inaccuracies it has been unanimously accepted by all commentators. This paper will challenge Cornford’s interpretation, and use some (...) modern biological concepts to provide an alternative approach to the passage more compatible with an actual human body. (shrink)

The concept of exploitation and potentially exploitative real-world practices are the subject of increasing philosophical attention. However, while philosophers have extensively debated what exploitation is and what makes it wrong, they have said surprisingly little about what might be required to remediate it. By asking how the consequences of exploitation should be addressed, this article seeks to contribute to filling this gap. We raise two questions. First, what are the victims of exploitation owed by way of remediation? Second, who ought (...) to remediate? Our answers to these questions are connected by the idea that exploitation cannot be fully remediated by redistributing the exploiter's gain in order to repair or compensate the victim's loss. This is because exploitation causes not only distributive but also relational harm. Therefore, redistributive measures are necessary but not sufficient for adequate remediation. Moreover, this relational focus highlights the fact that exploitative real-world practices commonly involve agents other than the exploiter who stand to benefit from the exploitation. Insofar as these third parties are implicated in the distributive and relational harms caused by exploitation, there is, we argue, good reason to assign part of the burden of remediation to them. (shrink)

Following Michael S. Jones’ call for articles showing the contemporary value of the great 20th century Romanian philosopher Lucian Blaga in various spheres of expertise, I have immediately thought of George F. Steiner’s recently published book, Neanderthals in Plato’s Cave. The evolutionary model forwarded by Steiner draws heavily on philosophical insights provided by Blaga and, although the volume was written for a scientifically-minded public, the author has adopted, updated and expanded some of Blaga’s anthropological perspectives. In our e-mail correspondence, Steiner (...) has acknowledged Blaga’s influence and has enthusiastically endorsed my attempt to review the similarities between some of the postulates of contemporary research in the various disciplines that inform cognitive archaeology – Steiner’s field of expertise – and the conceptual evolutionary/cultural hypothesis outlined in Blaga’s philosophical system. (shrink)

John McDowell and Bill Brewer famously defend the view that one can only have empirical beliefs if one’s perceptual experiences serve as reasons for such beliefs, where reasons are understood in terms of subject’s reasons. In this paper I show, first, that it is a consequence of the adoption of such a requirement for one to have empirical beliefs that children as old as 3 years of age have to considered as not having genuine empirical beliefs at all. But we (...) have strong reasons to think that 3-year-old children have empirical beliefs, or so I argue. If this is the case, McDowell and Brewer’s requirement for one to have empirical beliefs faces a strong challenge. After showing this, I propose an alternative requirement for one to have empirical beliefs, and argue that it should be favoured over McDowell and Brewer’s requirement. (shrink)

This paper considers one of the most significant and controversial attempts to account for the meaning of pejoratives as lexical items, namely Hom and May’s. After outlining the theory, we pinpoint sets of pejorative sentences that come out true on their account and for which the question as to whether they are compatible with the view advocated by them (so-called Moral and Semantic Innocence) remains open. Helping ourselves to the standard model-theoretical framework Hom and May (presumably) work in, we prove (...) they are compatible with the view. Given that the issues of both the moral import of pejoratives and the practical effects of their utterance are not settled by the proof, we then highlight unwelcome moral and pragmatic implications for some of the pejorative sentences under scrutiny, thereby showing that the view, broadly understood, is not as morally and semantically innocuous as it is meant to be. (shrink)

This article explores André-Marie Ampère's autobiography in order to analyse the dynamics of science in early 19th century French institutions. According to recent works that have emphasised the value of biographies in the history of science, this study examines Ampère's public self-representation to show the cultural transformations of a life dedicated to science in post-revolutionary French society. With this aim, I have interpreted this manuscript as an outstanding example of the scientific rhetoric flourishing in early 19th century French Romanticism, which (...) celebrated the life and works of men of science by means of biographies. Following this approach, Ampère's account has been analysed in relation to certain commonplaces shared with other autobiographies of that time, such as his traumatic experience linked to the French Revolution. Finally, this article discusses Ampère's autobiography as revealing an emerging model of scientific personae, i.e. a new collective way of thinking, feeling and perceiving, which announced the category of the modern scientist. (shrink)

I Alderdommen (1970) fremsetter Simone de Beauvoir en filosofisk analyse av alderdom og eldre menneskers situa- sjon, og hevder at behandlingen de får er «skandaløs»; samfunnet «returnerer dem som en vare det ikke lenger er bruk for». Hun tilkjennegir et like stort engasjement mot den urett som eldre utsettes for som hun gjør i Det annet kjønn (1949) når det gjelder undertrykkelsen av kvinner. Likevel påstår Beauvoir at alderdommen først og fremst er et problem for mannen, og det har blitt (...) hevdet at Alderdommen er et verk om aldersdiskriminering hvor mannens aldringsprosess gjøres til norm – ikke et feministisk verk på linje med Det annet kjønn. I denne artikkelen argumen- terer Tove Pettersen for at det nettopp er den feministiske filosofien Beauvoir utvikler i Det annet kjønn som ligger til grunn for hennes undersøkelser av undertrykkelse og diskriminering av eldre. I tillegg demonstrerer Beauvoirs omfattende analyse av alderdommen at hverken alder eller kjønn kan studeres uavhengig av hverandre. Alder og kjønn virker sammen, og må ses i lys av den situasjon disse fenomenene fremtrer i hvor også klasse er av stor betydning. Alderdommen kan derfor leses som et verk hvor Beauvoir viser hvordan ulike former for undertrykkelse virker sammen og bidrar til marginalisering og diskriminering av eldre. Nøkkelord: Simone de Beauvoir, Alderdommen, Det annet kjønn, feministisk filosofi, Den andre, aldersdiskriminering, alderisme******* -/- In The Coming of Age (1970), Simone de Beauvoir presents a philosophical analysis of old age and the elderly’s situa- tion, and claims that the treatment they receive is “scandalous”; society ‘returns them as a commodity that is no longer needed.’ She exhibits the same level of commitment regarding the injustice to which the elderly are exposed as she does in The Second Sex (1949) when it comes to the oppression of women. Nevertheless, Beauvoir claims that old age first and foremost is a problem for men, and it has been argued that The Coming of Age is a work on age discrim- ination where the male aging process is made the norm – not a feminist work on par with The Second Sex. In thisarticle, Tove Pettersen argues that it is precisely the feminist philosophy that Beauvoir develops in The Second Sex that enables her to analyze the oppression and discrimination of the elderly. Additionally, Beauvoir's comprehensive analysis of old age demonstrates that neither age nor gender can be studied independently. Age and gender intersect, and must be be seen in light of the situation in which class is of great importance. Thus, The Coming of Age can be read as a work in which Beauvoir shows how different forms of oppression work together and contribute to the mar- ginalization and discrimination of the elderly. Keywords: Simone de Beauvoir, The Coming of Age, The Second Sex, Feminist Philosophy, The Other, Age Discrimination, Ageism. (shrink)

The present paper argues that the Venezuelan-Chilean philosopher Andrés Bello constitutes an important but heretofore neglected prefiguration of Richard Rorty. I argue for this thesis by articulating first an Inter-American philosophical narrative (based on previous work by Alex Stehn and Carlos Sanchez) that enables me to highlight certain common characteristics in philosophical projects that flourished across the Americas. Having done this, I show that Rorty’s anti-representationalism and anti-foundationalism are prefigured in Bello’s most important philosophical treatise, Filosofía del Entendimiento, to the (...) extent that Bello recognizes the problems posed by the ocular metaphors that are systematically used by Early modern philosophers such as Descartes or Locke, and suggests their elimination and replacement by other metaphors. Finally, I conclude that, if my arguments are correct, the intellectual geography of neo-pragmatism needs to be expanded beyond traditional geographies such as Europe and the US. (shrink)

[Stephen Yablo] The usual charge against Carnap's internal/external distinction is one of 'guilt by association with analytic/synthetic'. But it can be freed of this association, to become the distinction between statements made within make-believe games and those made outside them-or, rather, a special case of it with some claim to be called the metaphorical/literal distinction. Not even Quine considers figurative speech committal, so this turns the tables somewhat. To determine our ontological commitments, we have to ferret out all traces of (...) nonliterality in our assertions; if there is no sensible project of doing that, there is no sensible project of Quinean ontology. /// [Andre Gallois] I discuss Steve Yablo's defence of Carnap's distinction between internal and external questions. In the first section I set out what I take that distinction, as Carnap draws it, to be, and spell out a central motivation Carnap has for invoking it. In the second section I endorse, and augment, Yablo's response to Quine's arguments against Carnap. In the third section I say why Carnap's application of the distinction between internal and external questions runs into trouble. In the fourth section I spell out what I take to be Yablo's version of Carnap. In the last I say why that version is especially vulnerable to the objection raised in the second. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

This paper is an attempt to clarify, from a Thomistic point of view, the nature and method of metaphysics. I argue that metaphysics' object is created being, not God, even if God enters metaphysics as efficient cause of metaphysic's object. Also, that metaphysics is a science, insofar as a particular kind of coherent reasoning process, going from the many to understand a certain oneness, and then from that oneness to reinterpret the many. Moreover, that, in this particular process of reasoning, (...) doctrinal topics must follow a certain order. Thus, in particular, I argue that the distinction between essence and act of being in every creature cannot be argued before arguing the existence of God. I touch upon the notion of separation in metaphysics and I compare Aquinas' notion of resolution with Fabro's notion. (shrink)

The following is a paper presented for the Course Rahner and Lonergan at the University of Toronto (Winter, 2014), revised and edited Winter, 2018. Our purpose is to defend the possibility of “perceptualism,” that is to say, the position maintaining that the intelligible content of consciousness is given in perception and not posited by the activity of the subject. Assisted by the insights of Cornelio Fabro, this defense contrasts perceptualism with Bernard Lonergan’s “critical realism”. This paper focuses on the notion (...) of experience, seemingly the basis of the opposition between perceptualism and critical realism. (shrink)

We have begun work on two separate but related ontologies for the study of neurological diseases. The first, the Neurological Disease Ontology (ND), is intended to provide a set of controlled, logically connected classes to describe the range of neurological diseases and their associated signs and symptoms, assessments, diagnoses, and interventions that are encountered in the course of clinical practice. ND is built as an extension of the Ontology for General Medical Sciences — a high-level candidate OBO Foundry ontology that (...) provides a set of general classes that can be used to describe general aspects of medical science. ND is being built with classes utilizing both textual and axiomatized definitions that describe and formalize the relations between instances of other classes within the ontology itself as well as to external ontologies such as the Gene Ontology, Cell Ontology, Protein Ontology, and Chemical Entities of Biological Interest. In addition, references to similar or associated terms in external ontologies, vocabularies and terminologies are included when possible. Initial work on ND is focused on the areas of Alzheimer’s and other diseases associated with dementia, multiple sclerosis, and stroke and cerebrovascular disease. Extensions to additional groups of neurological diseases are planned. The second ontology, the Neuro-Psychological Testing Ontology (NPT), is intended to provide a set of classes for the annotation of neuropsychological testing data. The intention of this ontology is to allow for the integration of results from a variety of neuropsychological tests that assay similar measures of cognitive functioning. Neuro-psychological testing is an important component in developing the clinical picture used in the diagnosis of patients with a range of neurological diseases, such as Alzheimer’s disease and multiple sclerosis, and following stroke or traumatic brain injury. NPT is being developed as an extension to the Ontology for Biomedical Investigations. (shrink)

En esta obra monumental de Jesper Lützen sobre la mecánica de Heinrich Hertz encontramos una magnífica exposición de la vida y obra de este insigne físico germano. Un interesante relato de las influencias intelectuales que modelaron su pensamiento científico, culmina con un exhaustivo análisis de la reformulación de la mecánica clásica que Hertz planteó poco antes de su prematuro fallecimiento.

We are developing the Neurological Disease Ontology (ND) to provide a framework to enable representation of aspects of neurological diseases that are relevant to their treatment and study. ND is a representational tool that addresses the need for unambiguous annotation, storage, and retrieval of data associated with the treatment and study of neurological diseases. ND is being developed in compliance with the Open Biomedical Ontology Foundry principles and builds upon the paradigm established by the Ontology for General Medical Science (OGMS) (...) for the representation of entities in the domain of disease and medical practice. Initial applications of ND will include the annotation and analysis of large data sets and patient records for Alzheimer’s disease, multiple sclerosis, and stroke. (shrink)

What is the distinction between understanding and forming a concept? In my view, for Aquinas, intelligere (the act of understanding) and dicere (the forming of a verbum or mental word) are not two different acts, but simply two different aspects of the same act of understanding. In the following, I will explore more in depth what this distinction means for Aquinas. Firstly, I will give a mostly doctrinal or systematic overview of the issue and, secondly, I will support my claims (...) with relevant textual evidence, taken exclusively from Aquinas’ Summa Theologiae. This study, as an appendix, is part of “The Influence of Kant in Transcendental Thomism: Rahner, Lonergan and Von Balthasar” (forthcoming). In my view, Lonergan’s way of distinguishing intelligere and dicere is different from St. Thomas’ way. In the body of my book, I focus on Lonergan’s reasons to distinguish these notions in his own particular way, whereas this study focuses on St. Thomas’ doctrine. It is my hope that the following lines will foster an understanding of St. Thomas’ epistemology and of its application to Trinitarian theology. (shrink)

Proponents of the duty to vote (DTV) argue that in normal circumstances, citizens have the moral duty to vote in political elections. Discussions about DTV analyze _what_ the duty is, _who_ has this duty, _when_ they have it, and _why_ they have it. Missing are answers to the Specification Question: to _which_ elections does DTV apply? A dilemma arises for some supporters of DTV—in this paper, I focus on Julia Maskivker’s work—because either answer is problematic. First, I argue that it (...) is implausible that DTV applies to _all_ elections because this makes the duty too costly for the voter. Second, I argue that there are no good reasons why under normal circumstances DTV applies only to _some_ elections. I consider objections but conclude that the dilemma is successful and therefore the case for DTV is incomplete. (shrink)

Using a triangulation of three methods, we devise a framework for the acquisition of the resources vital for the start-up of a business in South Africa. Against the backdrop of the fact that numerous challenges prohibit African immigrants from starting a business, let alone growing the business, we set out to investigate how those who succeed acquired the necessary resources. Within the quantitative paradigm, the survey questionnaire was used to collect and analyze the data. To complement the quantitative approach, personal (...) interviews and focus groups were utilised as the methods within the qualitative approach paradigm. The research revealed that an African immigrant entrepreneur is most likely to be a male between the ages of 19 and 41 who has been forced to immigrate by political circumstances. Once in South Africa, limited job opportunities forced these immigrants into starting up a business. In order of importance, financial, informational, human and physical, resources were identified as being critical for the start-up a business. With respect to the acquisition of resources, African immigrant entrepreneurs unwillingly made use of personal savings to finance their businesses during the start-up phase of the business. Financial resource played a double role in that it determined the main sources of physical resources used. From a human resource perspective, African immigrant entrepreneurs preferred employing South Africans during the start-up phase of the business, and the reverse was true during the growth phase. To a limited extent family labour was involved at both the start-up as well as the operation phases of the business; with formal education and prior experience playing an indirect role as far as the human resources mixed were concerned. In terms of information, African immigrant entrepreneurs made use of two primary sources of information namely; their ethnic networks and friends from somewhere else. -/- . (shrink)

The following is an interpretation of Aquinas’ agent intellect focusing on Summa Theologiae I, qq. 75-89, and proposing that the agent intellect is a metaphysical rather than a formal a priori of human understanding. A formal a priori is responsible for the intelligibility as content of the object of human understanding and is related to Kant’s epistemological views; whereas a metaphysical a priori is responsible for intelligibility as mode of being of this same object. We can find in Aquinas’ text (...) many indications that the agent intellect is not productive of the universal as content but is, rather, productive of the abstracted or intelligible mode of being of the universal nature. This is because for Aquinas the universal nature, which is the object of human understanding, is present in the things themselves but with a different mode of being. Chapter 1 is intended to establish the fact which requires for Aquinas an agent intellect, and provides two very important principles: one is that the object of human understanding (the universal nature) is present in the things themselves and, the other, that it is not in the things themselves with a mode of being which makes it available to the intellectual eye. These two principles lead us to the main point of Chapter 2, namely the distinction between the intelligible object and its intelligible mode of being. Now, because knowing is receptive of the intelligible object (Chapter 3), which is present in the things themselves (Chapter 1), the agent intellect is productive not of the object’s intelligible content, but of its abstracted or intelligible mode of being (Chapter 4). (shrink)

The objective of this article is to try to elucidate Wittgenstein’s ex-travagant thesis that each and every mathematical advancement involves some “semantical mutation”, i.e., some alteration of the very meanings of the terms involved. To do that we will argue in favor of the idea of a “modal incompati-bility” between the concepts involved, as they were prior to the advancement, and what they become after the new result was obtained. We will also argue that the adoption of this thesis profoundly (...) alters the traditional way of con-struing the idea of “progress” in mathematics. (shrink)

There is a growing awareness that there are many subtle forms of exclusion and partiality that affect the correct workings of a judicial system. The concept of epistemic injustice, introduced by the philosopher Miranda Fricker, is a useful conceptual tool to understand forms of judicial partiality that often go undetected. In this paper, we present Fricker’s original theory and some of the applications of the concept of epistemic injustice in legal processes. In particular, we want to show that the seed (...) planted by Fricker has flourished into a rich field of study in which the concept is used to analyze many different phenomena in law, not always following the original characterization provided by her. This has led to a distinction between what we will call the narrow version of the concept, which is closer to Fricker’s original account, and the wider version of epistemic injustice, which is a more controversial notion because it is always on the verge of morphing into other well-known concepts like sexism, racial discrimination, oppression, silencing, and gaslighting. We will show that the value of the narrow version is mostly theoretical, and that in order to use the concept of epistemic injustice one must adopt a more liberal understanding of it. (shrink)

(From the Introduction) The topic I would like to present is “Scholasticism and Thomism” as found in Chapter 7 of Fabro’s "Brief Introduction to Thomism". My presentation, as both a summary and a partial commentary on some aspects of this work, may be helpful as we wait for the English translation of Fabro’s book. The title of this chapter says exactly what Fr. Fabro wants to do. He wants to relate Scholasticism and Aquinas in two senses: 1) from a historical (...) point of view, so that we may understand the origins, context and later fortune of the doctrine of St. Thomas, and 2) from a doctrinal point of view (and this is the most important) so that we may clearly distinguish St. Thomas’ doctrine from the rest of Scholasticism. This is very important because some people have tried to understand the Church’s invitation—or, rather, instruction—to study St. Thomas as simply a broad invitation to study Scholastic philosophy and theology. This is clearly not the case. The Church wants us to study the principles of Thomistic doctrine which, many times, are substantially different from other scholastic doctrines. (shrink)

The aim of this paper is to study a set of three issues related to the understanding of partial justice and partial injustice as character dispositions, namely the distinctive circumstance of action, the emotion involved therein and the pleasure or pain following it. Those points are treated in a relatively obscure way by Aristotle, especially in comparison with their treatment in the expositions of other character virtues in the Nicomachean Ethics. Building on the expression ‘capacity towards the other’ (δύναμις ἐν (...) τῷ πρὸς ἕτερον), the paper highlights the interpersonal nature of the circumstances of just and unjust actions, and points how such nature is directly related to notions such as ‘profit’ (κέρδος) or ‘getting more’(πλεονεκτεῖν) as well as to the unusual conception of excess, defect and intermediacy in Nicomachean Ethics Book V. The interpersonal nature of just and unjust actions works also as the starting-point for the interpretation both of the pleasure briefly mentioned in 1130b4 as characterizing the greedy person and of the emotion involved in acting justly or greedy, which is mentioned in an extremely elliptical way in 1130b1-2: the paper argues, on the one hand, that the pleasure felt in acting justly or unjustly concerns not only the goods that are the object of just or unjust interactions, but also the way such interactions affect the people involved; on the other hand, it argues that the emotion actuated in just or unjust interactions relates to the agent’s concern or lack of concern with the good of those people. (shrink)

It is a widespread opinion that toleration, as a political practice, has merely instrumental value. The aim of this paper is to defend, on the contrary, that toleration has political value in itself. In more specific terms, I will claim that it is valuable in itself in virtue of its intrinsic relationship with democracy. Toleration is a constituent of democracy inasmuch as it is necessary for the existence of a democratic administration of political power. I will show that that relation (...) of constitution holds because toleration, through the protection of spaces of contestation to the political power, contributes to solving democracy’s inner tension resulting from its practical implementation. -/- Es una opinión extendida que la tolerancia, en cuanto práctica política, tiene valor meramente instrumental. El objetivo de este artículo es defender, por el contrario, que ella tiene valor político en sí. Específicamente, defenderé que es valiosa en sí misma a causa de su relación intrínseca con la democracia. La tolerancia es un constituyente de la democracia en cuanto es necesaria para que pueda existir una administración democrática del poder político. Mostraré que esa relación de constitución existe porque la tolerancia, mediante la protección de espacios de contestación al poder político, contribuye a la resolución de una tensión interna de la democracia en su implementación práctica. (shrink)

The purpose of this paper is to give the main lines of a theological accounting for the fullness of knowledge in Christ from the time of his conception. We follow the doctrine of St. Thomas and take into account some objections which are relatively modern. The paper is intended as a systematic articulation that is faithful to the Tradition and the doctrine of the Church and also concerned with faithfully interpreting the whole biblical narrative in our preaching. In particular, we (...) have in mind Gilles Mongeau’s question: “If from the beginning [Jesus] has all knowledge, how could he learn, which is such a fundamental part of a genuinely human existence?” We try to connect the issue of the knowledge of Christ with the reasons for the Incarnation. First, we show that our theological accounting finds support in the Magisterium and in the Bible. Secondly, we try to articulate systematically the reasons for affirming the fullness of human knowledge in Christ and the progression in his acquired knowledge. (shrink)

Here the point of departure of Being and Time is criticized, i.e. the priority of Dasein in the determination of the meaning of being. An overview of Heidegger’s doctrine is offered, his concern for intentionality is acknowledged, then it takes place a critique of his starting point, and finally a Thomistic alternative account of intentionality is proposed.

(Tesis de Licencia en Filosofía. Moderador Alessandro Salucci, OP. Angelicum, Roma, Febrero 2006) -/- El problema causal está íntimamente ligado y nos lleva necesariamente al problema del ser, finito e infinito. Por tanto, no es un problema más en la filosofía. En la larga discusión que se planteó en el último período escolástico (fines del s. XIX y primera mitad del s. XX) las líneas de solución más originales las ha dado el p. Cornelio Fabro -/- Por lo tanto, nos (...) proponemos investigar su propuesta de solución. El p. Fabro defendía la necesidad de la dependencia causal a través de la noción de participación. Nuestro objetivo es por tanto hacer un análisis crítico de la postura del p. Fabro acerca de la dependencia causal como exigencia del ser participado, a través del estudio de algunas de sus obras más importantes al respecto. Buscamos respondernos por qué para el p. Fabro el ser participado exige una causa, y valorar sus argumentos. -/- Como hemos dicho, para nuestro trabajo nos valdremos ante todo del estudio de algunas de las obras más importantes del p. Cornelio Fabro con respecto a la causalidad. Nos referimos en concreto a tres de ellas: la primera, el artículo La difesa critica del principio di causa, donde el autor expone de un modo preciso la noción de participación como el fundamento de la justificación crítica del principio de causalidad. Las otras dos obras son La Nozione Metafisica di Partecipazione secondo San Tommaso d’Aquino, donde la noción de participación es puesta al centro de la metafísica tomista, como clave de bóveda de las tesis más características de la doctrina del Angélico; y Partecipazione e Causalità, obra en la cual el autor rescata el esse tomista original como fundamento de una metafísica de la causalidad. -/- Este estudio nos ha llevado a destacar la importancia de la noción de “ser que no es por sí” como noción esencialmente relacionada a la noción de participación y por otro lado cuasi necesaria para hacer el pasaje a la causa. (shrink)

This research intends to show a Kantian influence in Transcendental Thomism, particularly in Rahner, Lonergan and Von Balthasar. What is meant by a Kantian influence is a certain attitude regarding the problem of the universals, an attitude which is radically different from St. Thomas’. In my previous work (The Radical Difference between Aquinas and Kant: Human Understanding and the Agent Intellect in Aquinas [Chillum: IVE Press, 2021], the radical difference between St. Thomas and Kant was shown. In this present research, (...) what is argued is that Rahner, Lonergan and Von Balthasar follow Kant, not St. Thomas, with regard to the analysis of human understanding. From each Transcendental Thomist author mentioned above, I have taken one sample text, one most significant work where each author’s epistemology can be explored. Thus, I have selected Rahner’s Spirit in the World, Lonergan’s Verbum articles and Von Balthasar’s Theologic I. (shrink)

Did we get Aquinas’ Epistemology right? St. Thomas is often interpreted according to Kantian principles, particularly in Transcendental Thomism. When this happens, it can appear as though Aquinas, too—along with Kant—had made the “turn to the subject”; as if Aquinas were no longer the Aristotelian “believer” who thinks nature is what it is but, instead, the Kantian “thinker” who holds that nature is what we think of it; as if St. Thomas, like Kant, had concluded that nature is intelligible not (...) only when we think of it, but because we think of it. After much struggle with this problem, the challenge seemed obvious to me: to show the radical difference between Aquinas and Kant. Kant had reasons to make his turn, his Copernican revolution. Could I explain those reasons, could I pinpoint the problem leading Kant to think in those terms? Could I show Aquinas facing the same problem and clearly taking a different direction in his proposed solution? That is what I have tried to do in this book. This book provides an interpretation of Aquinas’ agent intellect focusing on Summa Theologiae I, qq. 75-89, and proposing that the agent intellect is a metaphysical rather than a formal a priori of human understanding. A formal a priori is responsible for the intelligibility as content of the object of human understanding and is related to Kant’s epistemological views, whereas a metaphysical a priori is responsible for intelligibility as mode of being of this same object. We can find in Aquinas’ text many indications that the agent intellect is not productive of the intelligible object but is, rather, productive of the abstracted or intelligible mode of being of this object. This is because for Aquinas the universal as nature, which is the object of human understanding, is present in the things themselves but with a different mode of being. In this four-chapter book, Chapter 1 is intended to establish the fact which requires for Aquinas an agent intellect, and provides two very important principles: one is that the object of human understanding (the universal as nature) is present in the things themselves and, the other, that it is not in the things themselves with a mode of being which makes it available to the intellectual eye. These two principles lead us to the main point of Chapter 2, namely the distinction between the intelligible object and its intelligible mode of being. Now, because knowing is receptive of the intelligible object (Chapter 3), which is present in the things themselves (Chapter 1), the agent intellect is productive not of the object’s intelligible content, but of its abstracted or intelligible mode of being (Chapter 4). (shrink)

Abstract In The Descent of Man (1879), Charles Darwin proposed a speculative evolutionary explanation of extended benevolence—a human sympathetic capacity that extends to all nations, races, and even to all sentient beings. This essay draws on twenty-first century social science to show that Darwin’s explanation is correct in its broad outlines. Extended benevolence is manifested in institutions such as legal human rights and democracy, in behaviors such as social movements for human rights and the protection of nonhuman animals, and in (...) normative attitudes such as emancipative values and a commitment to promote the rights or welfare of animals. These phenomena can be substantially explained by cultural evolutionary forces that trace back to three components of what Darwin called the human “moral sense”: (1) sympathy, (2) our disposition to follow community rules or norms, and (3) our capacity to make normative judgments. Extended benevolence likely emerged with “workarounds,” including political ideologies, that established an inclusive sympathetic concern for sentient life. It likely became as widespread as it is now due to recently arisen socio-economic conditions that have created more opportunities for people to have contact with and take the perspective of a broader cross-section of humanity, as well as other species. (shrink)

Some Molinists claim that a perfectly good God would actualize a world that is salvifically optimal, that is, a world in which the balance between the saved and damned is optimal and cannot be improved upon without undesirable consequences. I argue that given some plausible principles of rationality, alongside the assumptions Molinists already accept, God’s perfect rationality necessarily would lead him to actualize a salvifically optimal world; I call this position “Optimistic Molinism.” I then consider objections and offer replies, concluding (...) that Optimistic Molinism is undefeated and merits further exploration. (shrink)

Wittgenstein’s philosophy of mathematics involves two highly controversial theses: the idea that mathematical propositions are not about (abstract) objects and the idea that no mathematical conjecture is ever answered as such, because the advent of the proof always determines a semantical shift of the meanings of the terms involved in the conjecture. The present article offers a reconstruction of Wittgenstein’s arguments supporting these theses within a very restricted setting: Archimedes’ discovery of an algorithm for calculating the number Pi.

The use of machine learning algorithms has become ubiquitous in hiring decisions. Recent studies have shown that many of these algorithms generate unlawful discriminatory effects in every step of the process. The training phase of the machine learning models used in these decisions has been identified as the main source of bias. For a long time, discrimination cases have been analyzed under the banner of disparate treatment and disparate impact, but these concepts have been shown to be ineffective in the (...) context of AI. This paper examines the possibility of studying algorithmic discrimination from the perspective of negligence law. Negligent selection and validation of datasets and classifiers is a salient cause of improper training in machine learning. It is a breach of an employer’s duty to protect others, a failure of its exercise of due care in the manner of choosing employees. Adopting negligence to algorithmic discrimination requires a reformulation of what is foreseeable and reasonable within the context of black box algorithms, and a shift in the burden of proof to the employer, who must present evidence of its efforts to avoid bias. (shrink)

Rules 405(a) and 608(a) of the Federal Rules of Evidence allow the use of testimony about a witness’s reputation to support or undermine his or her credibility in trial. This paper analyzes the evidential weight of such testimony from the point of view of social epistemology and the theory of social networks. Together they provide the necessary elements to analyze how reputation is understood in this case, and to assess the epistemic foundation of a reputational attribution. The result of the (...) analysis will be that reputational testimony is extremely weak from an epistemological point of view, and that in many cases there are more reliable substitutes that achieve a similar purpose. The obvious fix, in my view, is to eliminate the use of reputation testimony to support or undermine the credibility, honesty, chastity or peacefulness of a witness. (shrink)

This paper presents a new reconstruction of Wittgenstein’s famous (and controversial) rule-following arguments. Two are the novel features offered by our reconstruction. In the first place, we propose a shift of the central focus of the discussion, from the general semantics and the philosophy of mind to the philosophy of mathematics and the rejection of the notion of a function. The second new feature is positive: we argue that Wittgenstein offers us a new alternative notion of a rule (to replace (...) the rejected functions), a notion reminiscent of Category Theory’s notion of a morphism. (shrink)

Testimony about the future dangerousness of a person has become a central staple of many judicial processes. In settings such as bail, sentencing, and parole decisions, in rulings about the civil confinement of the mentally ill, and in custody decisions in a context of domestic violence, the assessment of a person’s propensity towards physical or sexual violence is regarded as a deciding factor. These assessments can be based on two forms of expert testimony: actuarial or clinical. The purpose of this (...) paper is to examine the scientific and epistemological basis of both methods of prediction or risk assessment. My analysis will reveal that this kind of expert testimony is scientifically baseless. The problems I will discuss will generate a dilemma for factfinders: on the one hand, given the weak predictive abilities of the branches of science involved, they should not admit expert clinical or actuarial testimony as evidence; on the other hand, there is a very strong tradition and a vast jurisprudence that supports the continued use of this kind of expert testimony. It is a clear case of the not so uncommon conflict between science and legal tradition. (shrink)

This paper offers an overview of various alternative formulations for Analysis, the theory of Integral and Differential Calculus, and its diverging conceptions of the topological structure of the continuum. We pay particularly attention to Smooth Analysis, a proposal created by William Lawvere and Anders Kock based on Grothendieck’s work on a categorical algebraic geometry. The role of Heyting’s logic, common to all these alternatives is emphasized.

This paper offers a reconstruction of Wittgenstein's discussion on inductive proofs. A "algebraic version" of these indirect proofs is offered and contrasted with the usual ones in which an infinite sequence of modus pones is projected.

This paper offers a new interpretation for Wittgenstein`s treatment of mathematical identities. As it is widely known, Wittgenstein`s mature philosophy of mathematics includes a general rejection of abstract objects. On the other hand, the traditional interpretation of mathematical identities involves precisely the idea of a single abstract object – usually a number –named by both sides of an equation.

A common objection to probabilistic theories of causation is that there are prima facie causes that lower the probability of their effects. Among the many replies to this objection, little attention has been given to Mellor's (1995) indirect strategy to deny that probability-lowering factors are bona fide causes. According to Mellor, such factors do not satisfy the evidential, explanatory, and instrumental connotations of causation. The paper argues that the evidential connotation only entails an epistemically relativized form of causal attribution, not (...) causation itself, and that there are clear cases of explanation and instrumental reasoning that must appeal to negatively relevant factors. In the end, it suggests a more liberal interpretation of causation that restores its connotations. Una objeción común a las teorías probabilísticas de la causalidad es que aparentemente existen causas que disminuyen la probabilidad de sus efectos. Entre las muchas respuestas a esta objeción, se le ha dado poca atención a la estrategia indirecta de D. H. Mellor (1995) para negar que un factor que disminuya la probabilidad de un efecto sea una causa legítima. Según Mellor, tales factores no satisfacen las connotaciones evidenciales, explicativas e instrumentales de la causalidad. El artículo argumenta que la connotación evidencial sólo implica una forma epistémicamente relativizada de atribución causal y no la causalidad misma, y que hay casos claros de explicación y razonamiento instrumental que deben apelar a factores negativamente relevantes. Se sugiere una interpretación más liberal de la causalidad que reinstaura sus connotaciones. (shrink)