The probability calculus is very often used in the philosophy of science in order to support or to analyse epistemological points of view. The aim of this paper is to present in a summary the usual axioms of this calculus, as weIl as its most common consequences and theorems, which the philosopher of science in his arguments ressorts to.

Perception is said to have assertoric force: It inclines the perceiver to believe its content. In contrast, perceptual imagination is commonly taken to be non-assertoric: Imagining winning a piano contest does not incline the imaginer to believe they actually won. However, abundant evidence from clinical and experimental psychology shows that imagination influences attitudes and behavior in ways similar to perceptual experiences. To account for these phenomena, I propose that perceptual imaginings have implicit assertoric force and put forth a theory—the Prima (...) Facie View—as a unified explanation for the empirical findings reviewed. According to this view, mental images are treated as percepts in operations involving associative memory. Finally, I address alternative explanations that could account for the reviewed empirical evidence—such as a Spinozian model of belief formation or Gendler’s notion of alief—as well as potential objections to the Prima Facie View. (shrink)

Current work in language models (LMs) helps us speed up or even skip thinking by accelerating and automating cognitive work. But can LMs help us with critical thinking -- thinking in deeper, more reflective ways which challenge assumptions, clarify ideas, and engineer new concepts? We treat philosophy as a case study in critical thinking, and interview 21 professional philosophers about how they engage in critical thinking and on their experiences with LMs. We find that philosophers do not find LMs to (...) be useful because they lack a sense of selfhood (memory, beliefs, consistency) and initiative (curiosity, proactivity). We propose the selfhood-initiative model for critical thinking tools to characterize this gap. Using the model, we formulate three roles LMs could play as critical thinking tools: the Interlocutor, the Monitor, and the Respondent. We hope that our work inspires LM researchers to further develop LMs as critical thinking tools and philosophers and other 'critical thinkers' to imagine intellectually substantive uses of LMs. (shrink)

Los sesgos cognitivos afectan negativamente la toma de decisiones en todas las esferas de la vida, incluyendo las decisiones de los jueces. La imposibilidad de eliminarlos por completo de la práctica del derecho, o incluso de controlar sus efectos, contrasta con el anhelo de que las decisiones judiciales sean el resultado exclusivo de un razonamiento lógico-jurídico correcto. Frente el efecto sistemático, recalcitrante y porfiado de los sesgos cognitivos, una posible estrategia para disminuir su efecto es enfocarse, no en modificar el (...) comportamiento de los agentes judiciales, sino en moldear su entorno para que los sesgos tengan menos oportunidades de aparecer. En particular, es más provechoso concentrar los esfuerzos en identificar aquellas reglas procesales que faciliten o limiten el efecto de los sesgos. En este ensayo propongo un diálogo fructífero entre el derecho y la psicología que puede llevar a mejorar la calidad de los sistemas judiciales. La propuesta está basada en la creación de guías de práctica judicial que puedan servir de base para la creación de protocolos procesales que limiten en la medida de lo razonable sus efectos negativos y conduzcan a mejores decisiones judiciales. (shrink)

In this paper I argue that the search for explainable models and interpretable decisions in AI must be reformulated in terms of the broader project of offering a pragmatic and naturalistic account of understanding in AI. Intuitively, the purpose of providing an explanation of a model or a decision is to make it understandable to its stakeholders. But without a previous grasp of what it means to say that an agent understands a model or a decision, the explanatory strategies will (...) lack a well-defined goal. Aside from providing a clearer objective for XAI, focusing on understanding also allows us to relax the factivity condition on explanation, which is impossible to fulfill in many machine learning models, and to focus instead on the pragmatic conditions that determine the best fit between a model and the methods and devices deployed to understand it. After an examination of the different types of understanding discussed in the philosophical and psychological literature, I conclude that interpretative or approximation models not only provide the best way to achieve the objectual understanding of a machine learning model, but are also a necessary condition to achieve post hoc interpretability. This conclusion is partly based on the shortcomings of the purely functionalist approach to post hoc interpretability that seems to be predominant in most recent literature. (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)

In the discourse on International Justice, traditional frameworks are deeply rooted in 'embodied metaphysics'—a perspective embedded in the tangible experiences of human existence. By contrasting the physical with the digital realms, I suggest that our current global justice systems are ill-equipped to address the complexities of the digital age. Utilizing the metaphor of water to highlight the often-unseen environment shaping justice theories and practices, I argue that International Justice, as conventionally understood, reflects the constraints akin to fish oblivious to the (...) water surrounding them. In digital spaces, individuals are no longer bound by principles of singularity and locality, and instead operate by principles of multiplicity and nonlocality. These metaphysical differences disrupt many theories of global justice assuming singularity and nonlocality. My aim is to encourage scholars and practitioners to 'see water'—to acknowledge and critically reassess the foundational assumptions underlying their theories and practices in an era of digital transformation. (shrink)

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.

Many theists conceive of God as a perfect being, i.e., as that than which none greater is metaphysically possible. On this grand view of God, it seems plausible to think that such a supreme and maximally great being would not be subject to luck of any sort. Given the divine perfections, God is completely insulated from luck. However, I argue that the opposite is true: precisely because God is perfect, he is subject to a kind of luck called constitutive luck. (...) In this paper, first I provide an analysis of luck and then explain the concept of constitutive luck. I proceed to defend constitutive luck from charges of incoherence and examine a different approach to make sense of this luck. Furthermore, I distinguish between two kinds of constitutive luck and argue that even if God isn’t subject to one kind, evading the second kind is unsuccessful. I offer two ways that God is constitutively lucky and reach a surprising conclusion: a perfect being is the luckiest of all possible beings. (shrink)

Durante los últimos años, el problema de cómo justificar aquellas creencias que se originan en testimonios ha ocupado un lugar central en la epistemología. Sin embargo, muy pocas de esas reflexiones son conocidas en el derecho probatorio. En el presente ensayo analizo la prueba testimonial a la luz de estas reflexiones con el fin de poner de manifiesto los supuestos epistemológicos de algunos principios procesales. En concreto, analizo la legislación colombiana y la estadounidense en el marco de la disputa entre (...) el reduccionismo y el antirreduccionismo en la filosofía del testimonio. Al final sugiero una nueva aproximación epistemológica que replantea los términos de la disputa y que tiene implicaciones importantes para la valoración de la prueba testimonial en los procesos judiciales. (shrink)

The present study aims at understanding how Ethica Nicomachea V.6 relates to its preceding chapters, V.1-5. On the one hand, the interpreter wonders for what purpose Aristotle introduces a topic named ‘the civic just’ (to politikon dikaion) in V.6, since V.1-5 treats extensively of matters of justice in the city. On the other hand, the same text posits that there is a certain ‘just without qualification’ (to haplōs dikaion), which may or may not be the civic just itself; compared to (...) the just without qualification, other forms of just are so by similitude (kath’homoiteta). In attempting to clear the confusion around those two points, the present study proposes the following: (1) the civic just is the just without qualification insofar as it is the primordial form of the just, in which only humans who are cumulatively free, equals and self-sufficient have a share; (2) the description of the civic just recapitulates several aspects of the discussions of justice in V.1-5 – the laws, the kinds of equality, rule, the legal suit - because the civic just encompasses all the forms of just (dikaion) related to the virtues of universal justice (V.1) and partial justice (V.2-5); (3) the expression to politikon dikaion is introduced in V.6 in order to contrast everything treated in V.1-5 with the domestic just, to oikonomikon dikaion, mentioned for the first time in V.6; (4) the forms of the domestic just are just only by similitude with the civic just because justice loses density outside the civic sphere, a situation which can be explained by the shortcomings Aristotle ascribes to women, children and slaves in EN V.6 (lack either of freedom or equality or yet self-sufficiency) as well as in Politica I (varying degrees of defective deliberation and virtue). (shrink)

Para solucionar a questão “sobre o que há” levantada por Quine, e realizar a tarefa de compreender de forma exauriente as muitas unidades ontológicas que povoam a grande província do Ser, propomos como alternativa à ontologia punteliana, uma nova ontologia designada de “Ontologia Estrutural” (OE). Tal ontologia parte de bases teóricas sistemático-estruturais, mas desemboca em uma visão diversa em que co-subsistem unidades factuais estruturadas, configurações estruturais (dinâmicas), bem como unidades ontológicas aparentes (objetos), todas englobadas pela subdimensão temporal que as interconexiona, (...) compreendida esta como uma subdimensão (interna) da macrodimensão do Ser. Nesse sentido, começamos situando a temática ontológica na discussão filosófica atual a partir de uma chave quineana; prosseguimos apresentando um conceito de verdade derivado de nossa leitura da filosofia punteliana, o qual constituirá o ponto de ligação entre linguagem e mundo. Na sequência, mostramos como do conceito de verdade trazido à lume, após uma breve incursão na semântica filosófica, chegamos ao campo ontológico a partir das categorias ontológicas de estrutura e estado ontológico. Ao final, delineamos, em seus caracteres gerais, a nossa ontologia estrutural, compreensiva de noções ontológicas próprias que dão novos rumos à compreensão filosófica desta grande temática. (shrink)

Review of the translation of Ludwig Wittgenstein book: Observações Filosóficas. São Paulo: Edições Loyola, 2005. Tradução (do inglês) por Adail Sobral e Maria Stela Gonçalves.

Many word forms in natural language are polysemous, but only some of them allow for co-predication, that is, they allow for simultaneous predications selecting for two different meanings or senses of a nominal in a sentence. In this paper, we try to explain (i) why some groups of senses allow co-predication and others do not, and (ii) how we interpret co-predicative sentences. The paper focuses on those groups of senses that allow co-predication in an especially robust and stable way. We (...) argue, using these cases, but focusing particularly on the multiply polysemous word ‘school’, that the senses involved in co-predication form especially robust activation packages, which allow hearers and readers to access all the different senses in interpretation. (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)

Contemporary Peruvian Philosophers (20th & 21st Centuries).

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.

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.

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)

Tradução para o português do livro "Le Scepticisme Philosophique", Paris: Bordas, 1972, de André Verdan. Título da edição brasileira: O Ceticismo Filosófico. Florianópolis: Editora da UFSC, 1998, 135 páginas. ISBN: 8532801390 / ISBN-13: 9788532801395.

Vision is an important metaphor in ethical and political questions of knowledge. The feminist philosopher Donna Haraway points out the “perverse” nature of an intrusive, alienating, all-seeing vision (to which we might cry out “stop looking at me!”), but also encourages us to embrace the embodied nature of sight and its promises for genuinely situated knowledge. Current technologies of machine vision – surveillance cameras, drones (for war or recreation), iPhone cameras – are usually construed as instances of the former rather (...) than the latter, and for good reasons. However, although in no way attempting to diminish the real suffering these technologies have brought about in the world, I make the case for understanding technologies of computer vision as material instances of embodied seeing and situated knowing. Furthermore, borrowing from Iris Murdoch’s concept of moral vision, I suggest that these technologies direct our labor towards self-reflection in ethically significant ways. My approach draws upon paradigms in computer vision research, phenomenology, and feminist epistemology. Ultimately, this essay is an argument for directing more philosophical attention from merely criticizing technologies of vision as ethically deficient towards embracing them as complex, methodologically and epistemologically important objects. (shrink)

Social wasps are broadly distributed in Brazil, and their distribution is closely related to local plant composition. However, only a few studies on the diversity of these insects have been carried out in northeastern Brazil, and in Caatinga Biome the diversity is probably underestimated due to the lack of inventories for the region. Aiming at advancing the knowledge about the wasp fauna, we carried out this study from October 2005 to September 2006 in Ibipeba, northeastern Brazil. We collected 172 wasps (...) of five genera and eight species, and recorded Polybia ruficeps Schrottky, 1902 for the first time in the state of Bahia. The most abundant species was Polybia ignobilis (Haliday, 1836) (n = 69), and the least abundant were Brachygastra lecheguana (Latreille, 1824) (n = 2) and Polistes canadensis (Linnaeus, 1758) (n = 2). The present study inventory focused exclusively on the diversity of social wasps in an area of Caatinga, which contributes to advance the local fauna knowledge. (shrink)

According to Molinism, logically prior to his creative decree, God knows via middle knowledge the truth value of the counterfactuals or conditionals of creaturely freedom (CFs) and thus what any possible person would do in any given circumstance. Critics of Molinism have pointed out that the Molinist God gets lucky that the CFs allow him to actualize either a world of his liking or even a good-enough world at all. In this paper, I advance and strengthen the popular critique in (...) two ways. First, I specify the kind of luck to which God is subject, which is circumstantial moral luck. Second, and more importantly, I argue that exposure to this luck is problematic because something external to God and beyond his control determines the degree of praiseworthiness he deserves in relevant possible worlds. My main contention is that divine subjection to circumstantial moral luck raises the theoretical costs of Molinism. (shrink)

In a recent paper, Erasmus et al. (2021) defend the idea that the ambiguity of the term “explanation” in explainable AI (XAI) can be solved by adopting any of four different extant accounts of explanation in the philosophy of science: the Deductive Nomological, Inductive Statistical, Causal Mechanical, and New Mechanist models. In this chapter, I show that the authors’ claim that these accounts can be applied to deep neural networks as they would to any natural phenomenon is mistaken. I also (...) provide a more general argument as to why the notion of explainability as it is currently used in the XAI literature bears little resemblance to the traditional concept of scientific explanation. It would be more fruitful to use the label “understandable AI” to avoid the confusion that surrounds the goal and purposes of XAI. In the second half of the chapter, I argue for a pragmatic conception of understanding that is better suited to play the central role attributed to explanation in XAI. Following De Regt (2017) and Kuorikoski and Ylikoski (2015), the conditions of satisfaction for understanding an ML system are fleshed out in terms of an agent’s success in using the system. (shrink)

The notion of Mathematics as Ontology (as defined by Badiou in his work) is brought into question from a working mathematician's perspective. Notions of independence in set theory and model theory are contrasted with the original equation Mathematics=Ontology. The author builds an extension of mathematical ontology from set theory to a foliated, étale, setting.

This article discusses some of Chateaubriand’s views on the connections between the ideas of formalization and infinity, as presented in chapters 19 and 20 of Logical Forms. We basically agree with his criticisms of the standard construal of these connections, a view we named “formal proofs as ultimate provings”, but we suggest an alternative way of picturing that connection based on some ideas of the late Wittgenstein.

The viability of a naïve realist theory of memory was a lively debate for philosophers of mind in the first half of the twentieth century. More recently, though, naïve realism has been largely abandoned as a non-starter in the memory literature, with representationalism being the standard view held by philosophers of memory. But rather than being carefully argued, the dismissal of naïve realism is an assumption that sits at the back of much recent theorizing in the philosophy of memory. In (...) this paper, we identify three reasons why philosophers of memory have felt compelled to outright reject naïve realism. We argue that none of those reasons are successful. Thus, far from being a non-starter, we argue that naïve realism is a theoretical perspective that needs to be given serious consideration in current philosophy of memory debates. (shrink)

Cada día es más evidente que existen muchas formas sutiles de exclusión y parcialidad que afectan el correcto funcionamiento de los sistemas jurídicos. El concepto de injusticia epistémica, introducido por la filósofa Miranda Fricker, ofrece una herramienta conceptual útil para comprender estas formas de exclusión y parcialidad judicial que a menudo pasan desapercibidas. En este artículo presentamos la teoría original de Fricker y algunas de las aplicaciones del concepto de injusticia epistémica en los procesos jurídicos. En particular, queremos demostrar que (...) la semilla sembrada por Fricker ha generado un floreciente campo de estudio en el cual el concepto se utiliza para analizar muchos fenómenos diferentes en el ámbito jurídico, no siempre siguiendo la caracterización original proporcionada por ella. Esto ha llevado a una distinción entre lo que llamaremos la versión estrecha del concepto, que se acerca a la descripción original de Fricker, y la versión más amplia de injusticia epistémica, que es una noción más controvertida porque existe el riesgo de que se confunda con otros conceptos más conocidos como el sexismo, la discriminación racial, la opresión, el silenciamiento y el gaslighting. Mostraremos que el valor de la versión estrecha es principalmente teórico y que para utilizar el concepto de injusticia epistémica se debe adoptar una comprensión más liberal del mismo. (shrink)

These thirteen paragraphs portray epistemology as the study, not directly of knowing as a human action (which could be considered the object also of anthropology) but as the study of the mode of being of the object in the subject and, in this sense, of intentional being. Moreover, intentional being is not understood as the being of the cognitional species or representation, which is real and subjective, but as the being of the known, as the presence of the known to (...) the knower (obviously, through the species but a being not reduced to the subjective being of the species): this kind of being is the proper object of epistemology. Other considerations regarding the distinction between metaphysics and epistemology take place as well. As regards the method, this essay attempts to apply Aquinas’ four steps of scientific reasoning to epistemology, in the following fashion and order: 1- Solution of the problem of the universals by recourse to the theory of the agent intellect (resolutio secundum rem); 2- Definition of knowledge as intentional possession of being (res. sec. rationem); 3- Judgment of value regarding the different instances of human knowledge or critique of knowledge (compositio secundum rem) and 4- Reinterpretation (in the light of the previous path) of common notions of epistemology, such as truth, certainty, evidence, and error (comp. sec. rationem). (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)

Given the importance of the principle of causality for the demonstration of God’s existence, this paper attempts to justify the evidence and necessity of the principle of causality, by following Fr. Fabro’s Thomistic defense—based on the notion of participation—but adding a particular emphasis on the notion of “being which is not per se,” this latter as an explanatory notion of the notion of “being which is by participation.” The introductory remarks touch upon two misunderstandings regarding the notion of participation employed (...) as a subject of the principle of causality: the first, considering “participated being” as a synonym of “received being,” and the second, the confusion, regarding the notion of being by participation, between its notional dependence on the notion of being as a whole and its real dependence on the real intensive Being. Then, in the first point, the defense of the principle of causality is distinguished from other related problems, like the particular applications of this principle. In the second and main point, we try to justify the necessity of being caused in the being which is experienced as being by participation, as follows: 1) that which is something by participation is not this something per se; 2) now, that which is not per se, either is not or is per aliud, 3) Therefore, that which is something by participation is per aliud. In the third and last point, we endeavor to justify the Thomism of our defense and of our emphasis on this notion of “being which is not per se” by considering two texts of St. Thomas. (shrink)

This article offers an explanation of perhaps Wittgenstein’s strangest and least intuitive thesis – the semantical mutation thesis – according to which one can never answer a mathematical conjecture because the new proof alters the very meanings of the terms involved in the original question. Instead of basing our justification on the distinction between mere calculation and proofs of isolated propositions, characteristic of Wittgenstein’s intermediary period, we generalize it to include conjectures involving effective procedures as well.

This paper deals with the recent Swedish proposals of a Intuitionistic notion of Truth, by Dag Prawitz and Per Martin-Löf.

This paper deals with the mutations in Wittgenstein’s treatment of the notions of “generality” and of “singularity”, from his first philosophy, in the Tractatus Logico-Philosophicus, to his later mature philosophy represented by the Philosophical Investigations. As we shall see, Wittgenstein’s philosophical handling of the notion of “visual perception” plays a key role in those conceptual transformations.

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)

Trata-se de capítulo de um livro sobre a noção de "substância" na história da filosofia e contém uma discussão sobre a noção ordinária de "corpo" do ponto de vista da filosofia analítica.

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)

Resumen: Una de las formas más comunes y menos estudiadas de parcialidad judicial subjetiva es la disminución de la credibilidad otorgada a un testigo debido a un prejuicio identitario implícito del agente judicial. En la epistemología social, este fenómeno ha sido estudiado bajo la rúbrica de la injusticia testimonial. En este ensayo mostramos que para determinar la ocurrencia de un caso de injusticia testimonial en el derecho se deben cumplir tres condiciones que son imposibles de verificar empíricamente y que están (...) basadas en presupuestos psicológicos que han sido puestos en duda en años recientes. Sin la posibilidad de verificar estas condiciones, estamos frente a un tipo de parcialidad judicial indetectable. En su lugar, ofrecemos una nueva forma de entender la injusticia testimonial en el derecho como un fenómeno más general que describe una tendencia comportamental prejuiciosa recurrente por parte de un agente judicial. Entendida de este modo, la injusticia testimonial es completamente verificable. -/- Abstract: One of the most common and least studied forms of subjective judicial partiality is the credibility deficit suffered by a witness due to an implicit identity prejudice in a judicial agent. Social epistemologists have studied this form of partiality under the rubric, “testimonial injustice.” In this essay we argue that to verify the occurrence of a singular instance of testimonial injustice in law three facts must be established, none of which can be established with any degree of confidence. Furthermore, all of them are based on psychological suppositions that have been recently discredited. Without the possibility of establishing these facts, we end up with an undetectable form of subjective judicial partiality. In its place, we offer a new way of understanding testimonial injustice in law as a general phenomenon that describes a recurrent pattern of prejudiced behavior in a judicial agent. Under this characterization, testimonial injustice becomes empirically verifiable. (shrink)

St. Thomas Aquinas has always considered intelligence a potency higher than the will, absolutely speaking. That being said, and in my view, the existential primacy of the will in the act of freedom (particularly in choosing the existential end) is also indisputably Thomistic, as Cornelio Fabro has shown. This paper endeavors to explain Aquinas' doctrine on the absolute primacy of the intellect and thus show that these two primacies can be affirmed coherently, that is, the intellect’s absolute primacy and the (...) will’s existential primacy. Firstly, I will explain the reasoning St. Thomas Aquinas uses in the Summa to justify the absolute primacy of the intellect over the will. Secondly, I will explore some parallel texts, in order to shed light on my interpretation of the Summa and expand our view regarding this and related doctrinal points. Thirdly, I will offer a brief study of Fabro’s position, one in which his concerns regarding the intellect’s absolute primacy are taken into account and carefully considered. (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)

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)

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)

O presente artigo recupera as noções de guerra de raças e de biopoder nas lições ministradas por Michel Foucault no Collège de France intituladas Il faut défendre la Société (1976), para refletir sobre a relação entre neoliberalismo e violência política. Nesse sentido, interessa-me examinar como o pensamento de Foucault formulou o problema do biopoder vinculado ao da violência de raça para analisar nossa atual política (neo)liberal em termos de paradigmas raciais e coloniais.

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)

Varios teóricos del derecho han propuesto el uso de umbrales o estándares de prueba más flexibles y más finamente discriminados. En la medicina es común utilizar estándares que poseen estas características en los procedimientos diagnósticos y en los exámenes médicos. Esta ponencia ofrece un marco probabilístico para establecer estándares de prueba múltiples en cualquier disciplina. La tesis principal es que la evidencia es un concepto umbral con respecto a la probabilidad. Múltiples umbrales pueden ser establecidos en un marco de intervalos (...) de probabilidad para la hipótesis que está siendo puesta a prueba, los cuales reflejan los diferentes grados de apoyo que la evidencia le provee a la hipótesis. Examinando los mecanismos utilizados para establecer los umbrales en medicina, sugiero una manera para establecer umbrales múltiples de prueba en derecho de una manera no arbitraria. (shrink)

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)