La mal llamada “Conquista del Desierto” constituyó una serie de campañas militares ocurridas en el actual territorio patagónico argentino entre los años 1878 y 1885 cuyo resultado fue el asesinato, la violación y sometimiento a la esclavitud de diversos pueblos y comunidades indígenas. Este no fue un caso aislado, sino que se suma a una serie de ataques sistemáticos que han sufrido los indígenas en la Argentina. En los últimos años, a raíz del reclamo y las luchas de los pueblos (...) y comunidades indígenas, así como también de las organizaciones de derechos humanos, se han comenzado a juzgar algunos de estos hechos. En particular, la Masacre de Napalpí (1924) y la Masacre de La Bomba (1947) fueron los primeros que lograron respuestas judiciales favorables. En ambos se determinó que el accionar estatal era constitutivo de un genocidio y, por lo tanto, se debía resarcir a las comunidades actuales. Ahora bien, la Campaña del Desierto, al día de hoy, no tiene respuesta por parte del Estado. Teniendo presente este panorama, nuestro objetivo en este trabajo es reconstruir los diferentes problemas que enfrenta la posibilidad del reclamo judicial. Para ello, comenzaremos describiendo en qué consistió la Campaña del Desierto. Luego, explicaremos la noción de genocidio aplicado a hechos de injusticias históricas. Como tercer paso, reconstruiremos los casos jurisprudenciales que se han preocupado por genocidios indígenas ocurridos en el pasado. Con este panorama revelado, nos enfocaremos en los diferentes problemas jurídicos y políticos que surgen en los reclamos de justicia. (shrink)

Causation appears to present us with an interpretative difficulty. While arguably a redundant relation given fundamental physics, it is nevertheless apparently pragmatically indispensable. This chapter revisits certain arguments made previously by the author for these claims with the benefit of hindsight, starting with the role of causal models in the human sciences, and attempting to explain why it is not possible to straightforwardly ground such models in fundamental physics. This suggests that further constraints, going beyond physics, are needed to legitimate (...) such models. These supplementary constraints could be reified, but that would seem to conflict with the completeness of physics. A response is to emphasize the practical role of causal talk, and the author suggests that a fictionalist approach might be worth exploring. After clarifying fictionalism as a general approach, they carry out in some detail the project of clarifying what a fictionalist attitude to causation would involve. (shrink)

En la literatura jurídico penal, el arrepentimiento cobra relevancia en un lugar específico: la condena, más precisamente, en la determinación de la pena del sujeto que ha sido encontrado responsable por la comisión de un delito y que, a su vez, se encuentra arrepentido por su accionar. Desde la concepción comunicativa del castigo, en este trabajo contestaré las siguientes preguntas: ¿El arrepentimiento significa un menor reproche penal o es indiferente para la determinación de la pena? en caso de que implique (...) un acercamiento al castigo mínimo establecido en la legislación ¿Cuándo es razonable que esto suceda? (shrink)

En este trabajo discutimos la extensión de la influencia que el pensamiento de Richard Owen tuvo sobre el de Charles Darwin. Además, se intentará mostrar lo heterogéneo de tal influencia, que va desde teorías específicas a giros retóricos. Esta influencia es en muchos casos subestimada, dando la sensación de que la novedad darwiniana consistió únicamente en mirar con ojos desprejuiciados lo que los otros no habían visto. Esta visión resulta injusta con Owen, y también con el esfuerzo conceptual llevado adelante (...) por Darwin con las piezas brindadas por sus precursores. Finalmente, este es un caso interesante para entender el tipo de novedad aportada por las revoluciones científicas y el modo sofisticado en que tal novedad se sustenta sobre el trabajo de los enfoques previos. (shrink)

Este artículo estudia la justificación normativa de la adopción de los ensayos clínicos aleatorizados por parte de las autoridades sanitarias británicas como estándar metodológico en 1946. A partir de un análisis de los distintos intereses de los participantes en el proceso (pacientes, médicos, farmacéuticas y el propio Estado) argumentamos que la aleatorización se adoptó como mecanismo de asignación imparcial de tratamientos, aunque sus propiedades estadísticas no fueran bien comprendidas. Tal justificación permanece aún vigente.

El trabajo consiste en una elucidación de los elementos que conforman el concepto de pena natural (poena naturalis) en el Derecho penal. Se puede caracterizar la pena natural como el daño o sufrimiento que recae sobre el autor de un delito, producto de la comisión del mismo, que debe ser descontado de la pena legal que ha de aplicársele. Si bien existe un mínimo acuerdo sobre esto, tanto en la jurisprudencia como en la doctrina penal se observan serios desacuerdos acerca (...) de los requisitos que se deben cumplir para reconocer que se está frente a una pena natural. Para elucidar los elementos, se utilizará el constructivismo conceptual de Ronald Dworkin, a fin de describir el desacuerdo y sus implicancias, reconocer los elementos principales de la pena natural y justificarlos bajo su mejor luz moral. ABSTRACT This study focuses on the clarification of the conceptual elements of poena naturalis in criminal law settings. The poena naturalis is the damage or suffering that falls on the convict for its commission. This damage must be deducted from the poena forensis to be applied. Although there is a minimum agreement about the concept of poena naturalis, in the jurisprudence and among legal scholars, there are serious disagreements about the elements of poena naturalis. To elucidate the elements, I will adopt Ronald Dworkin’s conceptual constructivism to describe the disagreement and its implications. At last, I will justify the main elements of the poena naturalis by their best moral light. (shrink)

Police officers are vital to maintaining security and the continuity of national functions. Thus, Police officers are more exposed to different kinds of psychological concerns. However, a female in this kind of profession, based on various studies, experienced higher levels of stress because of other factors. Further, the primary goal of this study is to investigate the psychological well-being, lived experiences, challenges, and coping mechanisms of female police officers. Employing the Interpretative Phenomenological Analysis, the findings of this study were: (1) (...) Female police officers had conceptualized themselves as brave, flexible, and adaptive. And they cope with stress with positive thinking that results in healthy psychological well-being. (2) Female police officers showed dedication and engagement to serve the people. They even used their resources for the public and sacrificed most of their time in the office. (3) Female police officers' primary motivation to continue their careers is their families, and serving the public brings joy to them. (4) However, female police officers experience disrespect while working in the field, and they always have fear in their life as police officers. Moreover, they need more time to spend with their families. Furthermore, it is highly suggested to provide opportunities for enhancing quality time with their family, specifically with their children. (shrink)

I argue that any broadly dispositional analysis of probability will either fail to give an adequate explication of probability, or else will fail to provide an explication that can be gainfully employed elsewhere (for instance, in empirical science or in the regulation of credence). The diversity and number of arguments suggests that there is little prospect of any successful analysis along these lines.

Recently, many philosophers have been interested in using locative relations to clarify and pursue debates in the metaphysics of material objects. Most begin with the relation of exact location. But what if we begin instead with the relation known as weak location – the relation an object x bears to any region not completely bereft of x? I explore some of the consequences of pursuing this route for issues including coincidence, extended simples, and endurance, with an eye to evaluating the (...) prospects for taking weak location as our fundamental locative relation. (shrink)

The notion of multiple location plays an important role in the characterization of endurantism. Several authors have recently offered cases intended to demonstrate the incoherence of multiple location. I argue that these cases do not succeed in making multiple location problematic. Along the way, several crucial issues about multiple location and its use by endurantists are clarified.

The concept of randomness has been unjustly neglected in recent philosophical literature, and when philosophers have thought about it, they have usually acquiesced in views about the concept that are fundamentally flawed. After indicating the ways in which these accounts are flawed, I propose that randomness is to be understood as a special case of the epistemic concept of the unpredictability of a process. This proposal arguably captures the intuitive desiderata for the concept of randomness; at least it should suggest (...) that the commonly accepted accounts cannot be the whole story and more philosophical attention needs to be paid. 1. Randomness in science1.1Random systems1.2Random behaviour1.3Random sampling1.4Caprice, arbitrariness and noise2. Concepts of randomness2.1Von Mises/church/martin-löf randomness2.2KCS-randomness3. Randomness is unpredictability: preliminaries3.1Process and product randomness3.2Randomness is indeterminism?4. Predictability4.1Epistemic constraints on prediction4.2Computational constraints on prediction4.3Pragmatic constraints on prediction4.4Prediction defined5. Unpredictability6. Randomness is unpredictability6.1Clarification of the definition of randomness6.2Randomness and probability6.3Subjectivity and context sensitivity of randomness7. Evaluating the analysis[R]andomness … is going to be a concept which is relative to our body of knowledge, which will somehow reflect what we know and what we don't know. Henry E. Kyburg, Jr ([1974], p. 217)Phenomena that we cannot predict must be judged random. Patrick Suppes ([1984], p. 32). (shrink)

Recently, Cody Gilmore has deployed an ingenious case involving backwards time travel to highlight an apparent conflict between the theory that objects persist by perduring, and the thesis that wholly coincident objects are impossible. However, careful attention to the concepts of location and parthood that Gilmore’s cases involve shows that the perdurantist faces no genuine objection from these cases, and that the perdurantist has a number of plausible and dialectically appropriate ways to avoid the supposed conflict.

In Religion of Existence, Noreen Khawaja suggests that Kierkegaard is an “ascetic” thinker. By this, she means that he regards religious striving as (1) requiring ceaseless renewal and (2) being an end in itself rather than a means to some further end. In this paper, I raise challenges to both parts of Khawaja’s proposal. I argue that the first part stands in tension with Kierkegaard’s assertion that his infinitely demanding account of religious existence is meant merely as a “corrective.” The (...) second part, I maintain, does not fit well with his claim that our eternal salvation is at stake in religious striving. (shrink)

Our purpose is to describe the application of legitimate defense in so-called non-confrontational situations. To do this, we will conceptualize gender violence as that which against women, due to their condition as such, and we will describe the absence by the courts in the identification of this problem. Second, we will analyze the reception of Argentine and international legislation on the treatment of gender violence and the recommendations and criteria to take into account when interpreting and applying criminal law. Finally, (...) we will present the treatment of legitimate defense in contexts of gender violence, analyzing each of its elements. Our conclusions will focus on the need to address situations of gender violence based on international regulations for the application of legitimate defense in non-confrontational situations. (shrink)

This article discusses two arguments in favor of perdurance. The first is Sider’s argument from vagueness, “one of the most powerful” in favor of perdurantism. I make the observation that endurantists have principled grounds to claim that the argument is unsound, at least if endurance is formulated in locative rather than mereological terms. Having made this observation, I use it to emphasize a somewhat neglected difference between endurantists and perdurantists with respect to their views on material objects. These views, in (...) the case of endurantists, lead to a further, less than conclusive but nevertheless interesting argument against endurantism—the anti-fundamentality argument—which I discuss and tentatively endorse. That argument posits that endurantists must take location to be a fundamental relation, and that this has as a consequence the metaphysical possibility of some rather unwelcome scenarios. Perdurantists may avoid this consequence by denying that location is fundamental, perhaps by embracing supersubstantivalism. (shrink)

Atheists are frequently demonized as arrogant intellectuals, antagonistic to religion, devoid of moral sentiments, advocates of an "anything goes" lifestyle. Now, in this revealing volume, nineteen leading philosophers open a window on the inner life of atheism, shattering these common stereotypes as they reveal how they came to turn away from religious belief. These highly engaging personal essays capture the marvelous diversity to be found among atheists, providing a portrait that will surprise most readers. Many of the authors, for example, (...) express great affection for particular religious traditions, even as they explain why they cannot, in good conscience, embrace them. None of the contributors dismiss religious belief as stupid or primitive, and several even express regret that they cannot, or can no longer, believe. Perhaps more important, in these reflective pieces, they offer fresh insight into some of the oldest and most difficult problems facing the human mind and spirit. For instance, if God is dead, is everything permitted? Philosophers without Gods demonstrates convincingly, with arguments that date back to Plato, that morality is independent of the existence of God. Indeed, every writer in this volume adamantly affirms the objectivity of right and wrong. Moreover, they contend that secular life can provide rewards as great and as rich as religious life. A naturalistic understanding of the human condition presents a set of challenges--to pursue our goals without illusions, to act morally without hope of reward--challenges that can impart a lasting value to finite and fragile human lives. Collectively, these essays highlight the richness of atheistic belief--not only as a valid alternative to religion, but as a profoundly fulfilling and moral way of life. "This Atheists R Us compilation differs markedly in tone from Hitchens and Dawkins. Excellent fare for Christian small groups whose members are genuinely interested in the arguments raised by atheists." --Christianity Today "Readable, personal, and provocative.... Contrary to the popular image, atheism isn't all rebellious trumpets and defiant drums.... Here we have all the varieties of unreligious experience, a full symphony of unbelief." --Free Inquiry "Compelling and sophisticated arguments that religious people ought to confront." --Tikkun. (shrink)

I sketch a new constraint on chance, which connects chance ascriptions closely with ascriptions of ability, and more specifically with 'CAN'-claims. This connection between chance and ability has some claim to be a platitude; moreover, it exposes the debate over deterministic chance to the extensive literature on (in)compatibilism about free will. The upshot is that a prima facie case for the tenability of deterministic chance can be made. But the main thrust of the paper is to draw attention to the (...) connection between the truth conditions of sentences involving 'CAN' and 'CHANCE', and argue for the context sensitivity of each term. Awareness of this context sensitivity has consequences for the evaluation of particular philosophical arguments for (in) compatibilism when they are presented in particular contexts. (shrink)

Dispositional essentialists are typically committed to two claims: that properties are individuated by their causal role (‘causal structuralism’), and that natural necessity is to be explained by appeal to these causal roles (‘dispositional actualism’). I argue that these two claims cannot be simultaneously maintained; and that the correct response is to deny dispositional actualism. Causal structuralism remains an attractive position, but doesn’t in fact provide much support for dispositional essentialism.

Illusions are thought to make trouble for the intuition that perceptual experience is "open" to the world. Some have suggested, in response to the this trouble, that illusions differ from veridical experience in the degree to which their character is determined by their engagement with the world. An understanding of the psychology of perception reveals that this is not the case: veridical and falsidical perceptions engage the world in the same way and to the same extent. While some contemporary vision (...) scientists propose to draw the distinction between veridical experience and illusion in terms of the satisfaction or non-satisfaction of “hidden assumptions” deployed in the course of normal perceptual inference, I argue for a different approach. I contend that there are, in a sense, no illusions – illusions are as “open” as veridical experiences. Percepts lack the kinds of intentional content that would be needed for perceptual misrepresntation. My view gives a satisfying solution to a philosophical problem for disjunctivism about the good case/bad case distinction: with respect to illusions, every "bad case" of seeing an X can be equally well construed as a "good case" of seeing some Y (different from X). -/- . (shrink)

This paper defends an account of forgiveness that is sensitive to recent work on anger. Like others, we claim anger involves an appraisal, namely that someone has done something wrong. But, we add, anger has two further functions. First, anger communicates to the wrongdoer that her act has been appraised as wrong and demands she feel guilty. This function enables us to explain why apologies make it reasonable to forgo anger and forgive. Second, anger sanctions the wrongdoer for what she (...) has done. This function allows us to explore the moral status of forgiveness, including why forgiveness is typically elective. (shrink)

Gödel argued that intuition has an important role to play in mathematical epistemology, and despite the infamy of his own position, this opinion still has much to recommend it. Intuitions and folk platitudes play a central role in philosophical enquiry too, and have recently been elevated to a central position in one project for understanding philosophical methodology: the so-called ‘Canberra Plan’. This philosophical role for intuitions suggests an analogous epistemology for some fundamental parts of mathematics, which casts a number of (...) themes in recent philosophy of mathematics (concerning a priority and fictionalism, for example) in revealing new light. (shrink)

Raymond Geuss asserts that there are fragmented views on what human rights are and that there is no unifying principle underlying such notion. I think that this view has its merits. It conveys the particularity of our perspectives, attitudes, desires and selfunderstandings. It rejects abstractness and is committed to a thick, perspectivist, historical understanding of personhood. To understand who we are, is to understand how we arrive at being who we are. By contrast, the notion of human rights deploys abstractness, (...) unification of agency, necessity and a thin view of personhood. In this paper, I attempt to bring into focus these two aspects of the notion of human rights. I will first analyse the genealogical method advocated by Geuss and argue that it has the merit of elucidating our historical contingencies; however, it is argued that any view in favour of the genealogical method relies on the idea that evaluative or normative concepts cannot be defined in terms of a common denominator. We reconstruct the Aristotelian idea of ‘focal meaning’ as core-resemblance and show that there is a unifying concept of human rights. We conclude that the perspectivist spirit of genealogy is not far from the Aristotelian tradition. Aristotle’s inquiry into a concept that could grasp different perspectives and contingencies as opposed to a Platonic understanding of abstract and universal forms shows that genealogical worries are germane to the tradition. (shrink)

A previously unrecognised argument against deterministic chance is introduced. The argument rests on the twin ideas that determined outcomes are settled, while chancy outcomes are unsettled, thus making cases of determined but chancy outcomes impossible. Closer attention to tacit assumptions about settledness makes available some principled lines of resistance to the argument for compatibilists about chance and determinism. Yet the costs of maintaining compatibilism may be higher with respect to this argument than with respect to existing incompatibilist arguments.

Russell famously argued that causation should be dispensed with. He gave two explicit arguments for this conclusion, both of which can be defused if we loosen the ties between causation and determinism. I show that we can define a concept of causation which meets Russell’s conditions but does not reduce to triviality. Unfortunately, a further serious problem is implicit beneath the details of Russell’s arguments, which I call the causal exclusion problem. Meeting this problem involves deploying a minimalist pragmatic account (...) of the nature and function of modal language. Russell’s scruples about causation can be accommodated, even as we partially legitimise the pervasive causal explanations in folk and scientific practice. (shrink)

The special theory of relativity (STR) is widely supposed to be in tension with A-theories of time, those giving special significance to the present moment. A-theories are diverse in the features they regard as distinctive of the present, but all agree that there is an absolute fact of the matter about which events have the feature of presentness. Famously, the standard notion of simultaneity operationalised within the theory of relativity is not absolute. If A-theorists accept relativistic physics, they must either (...) refine their A-theory and sever joint presentness from simultaneity (‘conciliatory’ responses to the problem), or supplement standard relativity by adding further spacetime structure that grounds a relation of absolute simultaneity (‘supplementing’ responses). This chapter considers the prospects for such approaches, concluding that while there is no knock-down argument from relativity against the A-theory, attempts to marry the A-theory with STR are more trouble than they are worth. (shrink)

Utterances within the context of telling fictional tales that appear to be assertions are nevertheless not to be taken at face value. The present paper attempts to explain exactly what such 'pseudo-assertions' are, and how they behave. Many pseudo-assertions can take on multiple roles, both within fictions and in what I call 'participatory criticism' of a fiction, especially when they occur discourse-initially. This fact, taken together with problems for replacement accounts of pseudo-assertion based on the implicit prefixing of an 'in (...) the fiction' operator, suggest that pseudo-assertion is best understood as a kind of make-believe. This proposal is elaborated and defended, and some applications to fictionalism are tentatively explored. (shrink)

La renta básica se nos presenta en la obra de Philippe van Parijs como una propuesta política filosóficamente argumentada, de modo tal que convencerá tanto al teórico de la justicia como al ciudadano que votará su implantación. En este artículo analizamos la argumentación de van Parijs mostrando cómo la efectividad política de sus tesis sólo se sostiene a costa de reducir el debate sobre la renta básica a los términos de su propia concepción de la ética. Ponemos en duda, por (...) nuestra parte, el alcance de esta reducción sobre un doble plano: diluye por completo la dimensión prudencial de toda argumentación política, y no deja más alternativa que la educación sentimental para quienes no se dejen convencer por el equilibrio reflexivo. (shrink)

Early work on the frequency theory of probability made extensive use of the notion of randomness, conceived of as a property possessed by disorderly collections of outcomes. Growing out of this work, a rich mathematical literature on algorithmic randomness and Kolmogorov complexity developed through the twentieth century, but largely lost contact with the philosophical literature on physical probability. The present chapter begins with a clarification of the notions of randomness and probability, conceiving of the former as a property of a (...) sequence of outcomes, and the latter as a property of the process generating those outcomes. A discussion follows of the nature and limits of the relationship between the two notions, with largely negative verdicts on the prospects for any reduction of one to the other, although the existence of an apparently random sequence of outcomes is good evidence for the involvement of a genuinely chancy process. (shrink)

Resumen: La capacidad unificadora de una teoría científica es un rasgo usualmente contemplado a la hora de evaluar su adecuación. Kitcher ha elucidado satisfactoriamente tal noción mediante su enfoque de los patrones explicativos. Sin embargo, su perspectiva adolece de ciertas carencias. Concretamente, sostendremos que el requisito de rigurosidad de los patrones para evaluar la capacidad unificadora debe ser repensado, pues atenta contra la heterogeneidad característica de las diferentes aplicaciones de teorías unificadoras. A su vez, mostraremos cómo estas dificultades bien pueden (...) ser subsanadas desde el marco del estructuralismo metateórico sin por ello resignar ninguna de las acertadas intuiciones de Kitcher. -/- Palabras clave: Explicación, Kitcher, estructuralismo metateórico, unificación, unificación espuria. -/- Abstract: Kitcher has satisfactorily explicated unification using his particular approach to scientific explanation. However, we believe that his perspective has certain problems, which have been inherited by more recent approaches to the topic. Specifically, the requirement of stringency of patterns that Kitcher proposes to determine the unifying power of an explanatory pattern undermines the typical and peculiar heterogeneity we can find in different applications of unifying theories. We will show how this topic can be better addressed by the perspective built by metatheoretical structuralism without sacrificing any of Kitcher’s correct intuitions. -/- Keywords: Explanation, Kitcher, metatheoretical structuralism, spurious unification, unification. (shrink)

Recently, Jim Stone has argued that counterpart theory is incompatible with the existence of temporal parts. I demonstrate that there is no such incompatibility.

ABSTRACT One striking feature of On the Genealogy of Morals is how it is written. Nietzsche employs a literary style that provokes his readers' emotions. In Beyond Selflessness, Christopher Janaway argues that such a literary approach is integral to Nietzsche's philosophical goals. Feeling the emotions Nietzsche's style arouses is necessary for understanding the views he defends. I argue that Janaway's position is mistaken. The evidence at our disposal fails to establish that emotion is ever necessary for cognition. However, I maintain (...) that we do have good evidence for a slightly weaker claim. The emotionally sensitive person is epistemically better off than the cold and dispassionate person. There are some truths he or she will be more likely to believe and will have better reasons for believing. I conclude that Janaway is right to defend the philosophical importance of Nietzsche's literary writing style. His error is simply that he overstates the case. (shrink)

In ‘Location and Perdurance’ (2010), I argued that there are no compelling mereological or sortal grounds requiring the perdurantist to distinguish the molecule Abel from the atom Abel in Gilmore’s original case (2007). The remaining issue Gilmore originally raised concerned the ‘mass history’ of Adam and Abel, the distribution of ‘their’ mass over spacetime. My response to this issue was to admit that mass histories needed to be relativised to a way of partitioning the location of Adam/Abel, but that did (...) not amount to relativising any fundamental natural intrinsic properties—the latter are all had unrelativised, and (so most perdurantists would say). (shrink)

Following the pattern set by the early German Romantics, Kierkegaard conveys many of his insights through literature rather than academic prose. What makes him a valuable member of this tradition is the theory he develops to support it, his so-called “theory of indirect communication.” The most exciting aspect of this theory concerns the alleged importance of indirect communication: Kierkegaard claims that there are some projects only it can accomplish. This paper provides a critical account of two arguments Kierkegaard offers in (...) defense of this claim. The first argument is that he needs to use indirect communication in order to discourage people from losing themselves in the “crowd”. The second argument is that he needs to use it in order to help people out of a “monstrous illusion”. It is shown that while both arguments justify Kierkegaard’s decision to use indirect communication, neither one supports the original claim about its indispensability. (shrink)

A ‘might’ counterfactual is a sentence of the form ‘If it had been the case that A, it might have been the case that C’. Recently, John Hawthorne has argued that the truth of many ‘might’ counterfactuals precludes the truth of most ‘would’ counterfactuals. I examine the semantics of ‘might’ counterfactuals, with one eye towards defusing this argument, but mostly with the aim of understanding this interesting class of sentences better.

This volume sets the agenda for future work on time and chance, which are central to theemerging sub-field of metaphysics of science.

This paper aims at providing an epistemic defense of democracy based on John Dewey’s idea that democracies do not only find problems and provide solutions to them but they also articulate problems....

Like many 19th c. thinkers, Kierkegaard embraces a cognitivist view of art. He thinks works of art matter because they can teach us in important ways. This chapter defends two striking features of Kierkegaard’s version of this theory. First, works of art do not teach “directly” by telling us truths and offering us evidence. Instead, they educate us “indirect-ly” by helping us make our own discoveries. Second, the fact that art does not teach in a straightforward manner is no defect. (...) On the contrary, it is precisely because art teaches indirectly that it teaches better than philosophy and science do. (shrink)

I respond to some challenges to Humean laws deriving from the claimed non-resilience of such laws under counterfactual assumptions.

In the present work I am interested in addressing a specific aspect within the conceptual problem that poena naturalis implies. In other words, here I will answer the question about what is the poena naturalis. We can be recognized three theories: one that affirms that the poena naturalis is a compensation for culpability, another according to which the poena naturalis is the product of clemency or compassion, and the last that defends that the principles of legality, proportionality and rationality allow (...) justifying the poena naturalis. I will stop at each one of them in order to carry out a critical examination that will allow me to conclude which is the conception that best supports natural punishment. (shrink)

It is a commonly held view that the existence of moral value somehow depends upon the existence of God. Some proponents of this view take the very strong position that atheism entails that there is no moral value; but most take the weaker position that atheism cannot explain what moral value is, or how it could have come into being. Call the first position Incompatibility, and the second position Inadequacy. In this paper, I will focus on the arguments for Inadequacy. (...) There are two main arguments for this position: the Argument from Arbitrariness and the Screening-Off Argument. I’ll discuss each in turn., and argue that neither is successful. To conclude, I’ll sketch what I think is a promising beginning to a naturalistic account of morality. (shrink)

Malem Seña in “¿Puede las malas personas ser buenos jueces?” analyzed the judicial morality. At first time from a historical analysis, the judges were not required to base their judgments, because they were the mirror of legitimacy and morality of their decisions. With the advent of rationalism and modern State, the sentences should be the foundation. The situation that put the judge person in the background. In this situation, the answer to the question posed in the job would be: "Yes, (...) bad people can be good judges", answer hardly accepted by all. Malem Seña, far from giving a definite answer, ends his work with the insinuation that judges should maintain an image of morality, rather than being morally unimpeachable agents. This situation raises questions about different dimensions of analysis that have been shelved, and in particular try to analyze why this importance takes the image of morality. To do this, from the perspective of the concepts of Slavoj Žižek‘s ideology and fantasy, it will attempt to reach some responses or generate argumentative lines about the importance of the image of morality on morality itself. (shrink)

La doctrina establecida por la Corte Suprema de Justicia de la Argentina en relación a los crímenes de lesa humanidad cometidos durante la última dictadura militar, expresamente declaraba la obligación del Estado de investigar y juzgar a los responsables de su comisión. La Corte no sólo caracterizó dichos delitos, sino que también estableció que no eran susceptibles de amnistía, indulto, ni prescripción. Pero, en el año 2017 dictó el fallo “Muiña” donde, por voto mayoritario, decidió otorgarle el beneficio del “2 (...) por 1” a un condenado por dichos delitos. La consecuencia fue su inmediata libertad por el vencimiento de la condena. La respuesta de la sociedad fue clara. Con diversas manifestaciones, la sociedad civil, las instituciones y las personalidades públicas se declararon en contra de la sentencia. Más aún, del voto de los mismos jueces se observan expresiones que denotan un gran pesar a la hora de tomar la decisión. Más precisamente, sostenían estar ante un dilema. En este trabajo, lejos de realizar un análisis de la interpretación jurídica que se efectuó en la sentencia, se propone trabajar sobre el concepto de dilema y la posibilidad de aplicación en el presente caso. La finalidad concreta es indagar si se está ante un dilema y en su caso si los jueces utilizan este concepto como un arma argumentativa para lograr adhesión o compasión de la opinión pública. En este sentido, se comenzará relatando el marco jurídico del fallo, donde se describirá la historia judicial de Muiña y los argumentos dados por el voto mayoritario y el minoritario de la Corte. Luego, se realizará un análisis del concepto de dilema, para reconstruirlo sobre la base de dos grandes posturas: Una lógica conceptual y otra fenomenológica. Posteriormente, se realizará un examen de la dimensión institucional del derecho y la moralidad judicial, para - finalmente - poder intentar responder si se está efectivamente ante un dilema. (shrink)

There is a close relationship between education and citizenship. Liberal political theorists tend to spend much of their work justifying the role of educational institutions in political communities. However, the development of these proposals is usually thought for subjects who do not have disabilities, arbitrarily excluding a significant proportion of society. This not only happens at an educational level, it is replicated in various areas of social life. In this sense, in the present work I am going to propose that (...) the adequacy approach proposed by Debra Satz is extremely valuable to think about the educational equity of people with disabilities. The choice is not accidental or arbitrary. Satz is a renowned philosopher whose interest in education and its importance in forming citizens for diverse and plural societies. To do this, I will begin by presenting three possible models of special education: the special school, integration and inclusion. Then the two paradigms that prevail in the characterization of disability will be addressed: the social model and the medical model. Instead, I will reconstruct the third proposal elaborated by Satz in order to evaluate with which inclusive education model and disability paradigm it is compatible and why it is presented as a valuable proposal in this field. (shrink)

The declared goal of this paper is to fill this gap: “... cognitive systems research needs questions or challenges that define progress. The challenges are not (yet more) predictions of the future, but a guideline to what are the aims and what would constitute progress.” – the quotation being from the project description of EUCogII, the project for the European Network for Cognitive Systems within which this formulation of the ‘challenges’ was originally developed (http://www.eucognition.org). So, we stick out our neck (...) and formulate the challenges for artificial cognitive systems. These challenges are articulated in terms of a definition of what a cognitive system is: a system that learns from experience and uses its acquired knowledge (both declarative and practical) in a flexible manner to achieve its own goals. (shrink)

Preface to the Thematic Volume: Models and Theories in Biology.

In this paper, we analyze the origin of the links between global bioethics (which we differentiate from biomedical bioethics) and human rights. We understand that we are in a global civilizational crisis, whose roots extend to 1492 today, in which the modern-capitalist model used the discourse of human rights to justify its predatory technocracy. There are three theoretical assumptions that support our analysis: 1) The current conditions in which the technique shows its destructive power over nature (Anthropocene) indicate that none (...) of the ethical antecedents are applicable to such circumstances. In this new context, the kantian categorical imperative has been reconverted into a moral and political duty to not instrumentalize either human beings or nature. We call this new ethical consideration bioethics. 2) The current geopolitical composition of the world must be thought in terms of the global North and the global South, as two regions that are forged in the midst of important processes of globalization of the world-system, and whose main consequence lies in the absence of equity in the distribution of wealth and well-being between the two. 3) The current environmental crisis or climate change, the product of an economic model based on extractive technology, has become one of the most serious threats against human rights. (shrink)

Jerry Fodor has argued that concept acquisition cannot be a psychological or “rational-causal” process, but can only be a “brute-causal” process of acquisition. This position generates the “doorknob  DOORKNOB” problem: why are concepts typically acquired on the basis of experience with items in their extensions? I argue that Fodor’s taxonomy of causal processes needs supplementation, and characterize a third type: what I call “intelligible-causal processes.” Armed with this new category I present what I regard as a better response than (...) Fodor’s to the doorknob  DOORKNOB problem. (shrink)

For Locke, an idea is ‘the immediate object of perception, thought, or understanding’ (§8).1 Perhaps this is something like a concept: he goes on to give examples of white, cold, and round, which look like they have some representational content. What do these ideas represent? Locke defines a quality: ‘the power to produce any idea in our mind, I call quality of the subject wherein that power is’ (§8). The natural thought is that these ideas represent some quality of the (...) object, which quality just is the power that the object has to produce that idea in us. Though the idea is in us, the power or quality is clearly in the object. Sometimes, it is true, we speak loosely and refer to the quality of the object by the same name that we use to refer to the idea in us, and talk of white being in the object, for example. Locke cautions that when we speak like this, we should ‘be understood to mean those qualities in the objects which produce them [the ideas] in us’ (§8). (shrink)

This dissertation concerns Kierkegaard’s theory of indirect communication. A central aspect of this theory is what I call the “indispensability thesis”: there are some projects only indirect communication can accomplish. The purpose of the dissertation is to disclose and assess the rationale behind the indispensability thesis. -/- A pair of questions guides the project. First, to what does ‘indirect communication’ refer? Two acceptable responses exist: (1) Kierkegaard’s version of Socrates’ midwifery method and (2) Kierkegaard’s use of artful literary devices. Second, (...) for what end does Kierkegaard use indirect communication? There are two acceptable responses here as well: (1) helping others become religious and (2) making others aware of the nature of existence. -/- These responses are interrelated. First, Kierkegaard’s notion of religion places restrictions on the means he can use to get readers to become religious. These restrictions ultimately entail that the only viable form of religious pedagogy is the midwifery method. Second, Kierkegaard engages in the midwifery method in part by making readers aware of the nature of existence (especially religious existence). But given the problems plaguing his readers, he thinks a straightforward approach to this project will likely fail. An approach that used artful literary devices such as deception and humor would be more successful. Third, Kierkegaard believes that there is one aspect of religious existence (viz. subjectivity) that people can come to know only first-hand. As such, he cannot directly impart knowledge of subjectivity to his readers. He argues that this means he must use the midwifery method. And he thinks the most productive way to do so is to provide readers with the kind of fictional narratives found in his early pseudonymous writings. Thus artful rhetorical devices play a role here as well. -/- All of Kierkegaard’s arguments for the indispensability thesis turn on debatable assumptions. But the arguments concerning artful rhetorical devices have the additional defect of being merely probabilistic in nature. They lack the strength to support the indispensability thesis even if we grant the relevant background assumptions. Therefore, to the degree that the indispensability thesis has merit, it lies with the arguments concerning the midwifery method. (shrink)