Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

I define two metaphysical positions that anti-physicalists can take in response to Jonathan Schaffer’s ground functionalism. Ground functionalism is a version of physicalism where explanatory gaps are everywhere. If ground functionalism is true, arguments against physicalism based on the explanatory gap between the physical and experiential facts fail. In response, first, I argue that some anti-physicalists are already safe from Schaffer’s challenge. These anti-physicalists reject an underlying assumption of ground functionalism: the assumption that macrophysical entities are something over and above (...) the fundamental entities. I call their position “lightweight anti-physicalism.” Second, I go on to argue that even if anti-physicalists accept Schaffer’s underlying assumption, they can still argue that the consciousness explanatory gap is especially mysterious and thus requires a special explanation. I call the resulting position “heavyweight anti-physicalism.” In both cases, the consciousness explanatory gap is a good way to argue against physicalism. (shrink)

Paraconsistent logics are logical systems that reject the classical principle, usually dubbed Explosion, that a contradiction implies everything. However, the received view about paraconsistency focuses only the inferential version of Explosion, which is concerned with formulae, thereby overlooking other possible accounts. In this paper, we propose to focus, additionally, on a meta-inferential version of Explosion, i.e. which is concerned with inferences or sequents. In doing so, we will offer a new characterization of paraconsistency by means of which a logic is (...) paraconsistent if it invalidates either the inferential or the meta-inferential notion of Explosion. We show the non-triviality of this criterion by discussing a number of logics. On the one hand, logics which validate and invalidate both versions of Explosion, such as classical logic and Asenjo–Priest’s 3-valued logic LP. On the other hand, logics which validate one version of Explosion but not the other, such as the substructural logics TS and ST, introduced by Malinowski and Cobreros, Egré, Ripley and van Rooij, which are obtained via Malinowski’s and Frankowski’s q- and p-matrices, respectively. (shrink)

This paper discusses a dualization of Fitting's notion of a "cut-down" operation on a bilattice, rendering a "track-down" operation, later used to represent the idea that a consistent opinion cannot arise from a set including an inconsistent opinion. The logic of track-down operations on bilattices is proved equivalent to the logic d_Sfde, dual to Deutsch's system S_fde. Furthermore, track-down operations are employed to provide an epistemic interpretation for paraconsistent weak Kleene logic. Finally, two logics of sequential combinations of cut-and track-down (...) operations allow settling positively the question of whether bilattice-based semantics are available for subsystems of S_fde. (shrink)

In this article we revisit a number of disputes regarding significance logics---i.e., inferential frameworks capable of handling meaningless, although grammatical, sentences---that took place in a series of articles most of which appeared in the Australasian Journal of Philosophy between 1966 and 1978. These debates concern (i) the way in which logical consequence ought to be approached in the context of a significance logic, and (ii) the way in which the logical vocabulary has to be modified (either by restricting some notions, (...) or by adding some vocabulary) to keep as much of Classical Logic as possible. Our aim is to show that the divisions arising from these disputes can be dissolved in the context of a novel and intuitive proposal that we put forward. (shrink)

Panpsychists aspire to explain human consciousness, but can they also account for the physical world? In this paper, I argue that proponents of a popular form of panpsychism cannot. I pose a new challenge against this form of panpsychism: it faces an explanatory gap between the fundamental experiences it posits and some physical entities. I call the problem of explaining the existence of these physical entities within the panpsychist framework “the missing entities problem.” Spacetime, the quantum state, and quantum gravitational (...) entities constitute three explanatory gaps as instances of the missing entities problem. Panpsychists are obliged to solve all instances of the missing entities problem; otherwise, panpsychism cannot be considered a viable theory of consciousness. (shrink)

This essay outlines a hierarchical framework of Reality that allows for degrees of Reality. I use Reality (with a capital “R”) to designate reality in a primitive, metaphysical sense. Reality, grounding, and essence are the key elements of the framework presented here. I assume that Reality must have a fundamental level and all fundamental phenomena must be Real. Moreover, I postulate that everything non-fundamental is ultimately grounded in the fundamental Real. But what about the Reality of the non-fundamental? I argue (...) that it is possible for non-fundamental phenomena to be Real, Unreal, or Semi-Real. The framework developed here accommodates these possibilities and illuminates them using the notion of essence. I argue that the essential nature of a phenomenon determines its degree of Reality. The framework does not assume that Reality must have degrees but only that it may have degrees. Its theoretical attractiveness consists in its ability to accommodate many diverse intuitions about grounding, help us better understand and classify theories about grounding, and illuminate Reality and its possible degrees. (shrink)

In one of their papers, Michael De and Hitoshi Omori observed that the notion of classical negation is not uniquely determined in the context of so-called Belnap-Dunn logic, and in fact there are 16 unary operations that qualify to be called classical negation. These varieties are due to different falsity conditions one may assume for classical negation. The aim of this paper is to observe that there is an interesting way to make sense of classical negation independent of falsity conditions. (...) We discuss two equivalent semantics, and offer a Hilbert-style system that is sound and complete with respect to the semantics. (shrink)

We provide a logical matrix semantics and a Gentzen-style sequent calculus for the first-degree entailments valid in W. T. Parry’s logic of Analytic Implication. We achieve the former by introducing a logical matrix closely related to that inducing paracomplete weak Kleene logic, and the latter by presenting a calculus where the initial sequents and the left and right rules for negation are subject to linguistic constraints.

Infectious logics are systems that have a truth-value that is assigned to a compound formula whenever it is assigned to one of its components. This paper studies four-valued infectious logics as the basis of transparent theories of truth. This take is motivated as a way to treat different pathological sentences differently, namely, by allowing some of them to be truth-value gluts and some others to be truth-value gaps and as a way to treat the semantic pathology suffered by at least (...) some of these sentences as infectious. This leads us to consider four distinct four-valued logics: one where truth-value gaps are infectious, but gluts are not; one where truth-value gluts are infectious, but gaps are not; and two logics where both gluts and gaps are infectious, in some sense. Additionally, we focus on the proof theory of these systems, by offering a discussion of two related topics. On the one hand, we prove some limitations regarding the possibility of providing standard Gentzen sequent calculi for these systems, by dualizing and extending some recent results for infectious logics. On the other hand, we provide sound and complete four-sided sequent calculi, arguing that the most important technical and philosophical features taken into account to usually prefer standard calculi are, indeed, enjoyed by the four-sided systems. (shrink)

In his 2016 book, Against Empathy: The Case for Rational Compassion, Paul Bloom argues that “if we want to be good caring people, if we want to make the world a better place, then we are better off without empathy.” I’ve specifically chosen this formulation of Bloom’s position because it gets at the issue I will most directly challenge him on - that we would, or even could, be better off without empathy. The position I will defend is that our (...) empathy plays an indispensable role in the development of our moral conscience, and an ongoing role in the cultivation of our moral concepts, that would be compromised by suppressing our empathy. On this understanding, I argue that we would generally be better served by cultivating our empathy to mitigate and overcome its shortcomings, rather than suppressing our empathy as Bloom recommends. (shrink)

In Kripke’s classic paper on truth it is argued that by adding a new semantic category different from truth and falsity it is possible to have a language with its own truth predicate. A substantial problem with this approach is that it lacks the expressive resources to characterize those sentences which fall under the new category. The main goal of this paper is to offer a refinement of Kripke’s approach in which this difficulty does not arise. We tackle this characterization (...) problem by letting certain sentences belong to more than one semantic category. We also consider the prospect of generalizing this framework to deal with languages containing vague predicates. (shrink)

In recent history, we have seen the birth of a democratic nation in Nepal, after years of war between Maoist revolutionaries and the prior Monarchic State. Of course, the war was violent, there remain questions on human rights abuses, and, there had been a significant loss of civilian lives during the process. Indeed, to the Maoist, war in Nepal was part of their struggle, in what they called the 'People's War'. The struggle was borne out of much more than mere (...) dissatisfaction with the prior status quo. It was a resistance to non-democratic conditions within Nepali political life. The Maoist viewed democratic governance and citizen's rights as intrinsic to Nepali life. Of course, historically speaking, there had been no time before the Maoist struggle where Nepali life seemed all that democratic, nor did Nepali citizens ever enjoy any basic rights to speak of. Nevertheless, the Maoists saw such conditions as inextricably linked to Nepali political life. The claim that the Maoists made was that the prior status quo had to be brought to an end, and that the struggle to do so could require permanent revolution. That is, the struggle would not stop until success had been achieved, success being the formation of a new democratic state. Of course, the Maoists-being Maoists-were claiming to see the revolution to an end beyond democracy: to communist society. However, the tenets of communism have had very little to do with the Maoist revolution, as the outcome since is far more representative of a Federal Constitutional Democracy. Nevertheless, what the Maoist undertook, on behalf of all Nepali people, was to cause a severe departure from the past; to instigate a new state under new conditions and within a structure that is viable and sustainable. In light of Hannah Arendt's discussions on revolution, the beginnings of the Maoist Revolution are very interesting. Indeed, they appear to be emblematic of the sort of 'founding' that was seen in the American Revolution. (shrink)

We examine the set of formula-to-formula valid inferences of Classical Logic, where the premise and the conclusion share at least a propositional variable in common. We review the fact, already proved in the literature, that such a system is identical to the first-degree entailment fragment of R. Epstein's Relatedness Logic, and that it is a non-transitive logic of the sort investigated by S. Frankowski and others. Furthermore, we provide a semantics and a calculus for this logic. The semantics is defined (...) in terms of a \-matrix built on top of a 5-valued extension of the 3-element weak Kleene algebra, whereas the calculus is defined in terms of a Gentzen-style sequent system where the left and right negation rules are subject to linguistic constraints. (shrink)

Albert and Cederman couch the neorealist perspective in terms of ‘systems’ theorizing, Ferguson and Mansbach rhetorically discuss issues and non-issues which are readily addressed within the neoliberal perspective, and of course, Onuf is unabashedly a constructivist. Below, I discuss each theoretical perspective relative to the articles assigned, and, thereafter conclude with some observations on the three articles and theoretical frameworks.

Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...) is quite a bit of subject matter put out of view of the positivist, even though it is observable phenomenon within the sphere of legal praxis. This creates a void in which certain problems are unsolvable by the theory of law embodied in positivism. Rather than adjust the theory, the positivists either designate the void as the province for legal decision-making based on an internal morality in hard cases; or it criticises systems that do not strictly adhere to the positivist account as crude in the case of the international legal system. What follows is an account of HLA Hart’s brand of positivism, as it has remained dominant and perhaps the easiest to understand. I then identify subject-matter put out of view of positivism, with reference to Kelsen’s account of ‘authority’. I conclude that the positivist project is incomplete given its limited account of decision-making in hard cases and the international legal system. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. Rather, it evolves "from (...) context to context," and expands and narrows along what falls within judicial competencies at a particular time. On an elementary level, it is distinct from jurisdiction, as it establishes boundaries of subject matter on policy or constitutional grounds, whereas jurisdiction is grounded in established legal rules. However, questions of jurisdiction can be subsumed under broader questions of justiciability. (shrink)

This paper presents a novel argument against one theoretically attractive form of panpsychism. I argue that “idealist panpsychism” is false since it cannot account for spacetime’s structure. Idealist panpsychists posit that fundamental reality is purely experiential. Moreover, they posit that the consciousness at the fundamental level metaphysically grounds and explains both the facts of physics and the facts of human consciousness. I argue that if idealist panpsychism is true, human consciousness and the consciousness at the fundamental level will have the (...) same metrical structure. However, as I demonstrate, human consciousness does not exhibit the same metrical structure as spacetime. Consequently, the idealist panpsychist faces an explanatory gap between the fundamental consciousness she posits and spacetime. Idealist panpsychism is incompatible with the existence of such an explanatory gap. Thus, idealist panpsychists must close this explanatory gap (which I argue they lack the resources to do), or idealist panpsychism is false. (shrink)

For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

A phronetic approach takes into account everything possible. By this, the phronetic researcher ought to be better-informed of the practical—that which is readily available in order to solve localized political problems and to direct political participants to think in terms of value-rational understanding and action. Phronetic knowledge ought to be of utility to the citizenry—and not only to academia. It does not only explain phenomena, but also provides for altering the outcomes associated with political phenomena by integrating value judgments and (...) broader ethical precepts into the analysis. This is instrumental in producing knowledge that provides for practical application of problem solving that can be deemed good or better, and provides a means for ascertaining the bad or worse in a given political scenario. This paper examines how knowledge is produced by the phronetic approach, what knowledge can be known by the phronetic approach, and whether there are inherent limitations to the phronetic approach to understanding. (shrink)

After introducing the new field of cultural evolution, we review a growing body of empirical evidence suggesting that culture shapes what people attend to, perceive and remember as well as how they think, feel and reason. Focusing on perception, spatial navigation, mentalizing, thinking styles, reasoning (epistemic norms) and language, we discuss not only important variation in these domains, but emphasize that most researchers (including philosophers) and research participants are psychologically peculiar within a global and historical context. This rising tide of (...) evidence recommends caution in relying on one’s intuitions or even in generalizing from reliable psychological findings to the species, Homo sapiens. Our evolutionary approach suggests that humans have evolved a suite of reliably developing cognitive abilities that adapt our minds, information-processing abilities and emotions ontogenetically to the diverse culturally-constructed worlds we confront. (shrink)

The local opposes the global or the macro opposes the micro and vice versa, respectively. This dialectical relationship further exposes that scales are socially and politically constructed, representative of a phenomena that is relational, and is thus of important consideration in analysis beyond simple labeling. That is, scale represents more than ‘size’ and ‘complexity’, but also reveals the relational. It is the relational—the relationship between the ‘global’ and its contents or the ‘local’—which provides for or is wont for analytic complexity (...) and theorizing. (shrink)

Se explora la naturaleza de los problemas lacunae a partir del análisis de los conceptos elaborados, respectivamente, por Larry Laudan, Theo Kuipers y Atocha Aliseda. Sugeriré que los problemas lacunae pueden surgir del debilitamiento de la noción de ‘falsación empírica’ y repercutir en la noción de ‘implicación lógica’.

Some recent researches in experimental philosophy have posed a problem for philosophers’ appeal to intuition (hereinafter referred to as PAI); the aim of this paper is to offer an answer to this challenge. The thesis against PAI implies that, given some experimental results, intuition does not seem to be a reliable epistemic source, and —more importantly— given the actual state of knowledge about its operation, we do not have sufficient resources to mitigate its errors and thus establish its reliability. That (...) is why PAI is hopeless. Throughout this paper I will defend my own conception of PAI, which I have called the Deliberative Conception, and consequently, I will defend intersubjective agreement as a means to mitigate PAI errors, offering empirical evidence from recent studies on the Argumentative Theory of Reason that favor the conception I defend here. Finally, I will reply to some objections that might arise against the Deliberative Conception, which will lead me to discuss some metaphilosophical issues that are significantly relevant for the future of the dispute about the appeal to intuition. (shrink)

En los últimas décadas se han elaborado diferentes teorías al interior de la filosofía de la ciencia que pretenden explicar cuál es la mejor manera de entender el progreso científico cognitivo. De entre ellas sobresalen por su extensión, especificidad y alcance las propuestas de Larry Laudan y de Philip Kitcher. Laudan, siguiendo a Karl Popper, Thomas S. Kuhn y retomando varias ideas de Imre Lakatos, defendió una perspectiva funcionalista a partir de la cual propuso la resolución de problemas como el (...) mejor criterio cognitivo para evaluar el progreso científico. Por su parte, Kitcher propuso como criterio del progreso científico la producción de enunciados significativos y verdaderos, defendiendo - no sin ambigüedad - un tipo de realismo científico. En este trabajo pretendo mostrar que los criterios epistémicos, a diferencia de los criterios no epistémicos, complican innecesariamente el análisis de la progresividad científica. (shrink)

The aim of this article is to show that, just as in recent years Cobreros, Egré, Ripley and van Rooij have provided a non-transitive counterpart of classical logic (i.e. one in which all classically acceptable inferences are valid but Cut and other metainferences are not), the same can be done for every Tarskian logic, with full generality. To establish this fact, a semantic approach is taken by showing that appropriate structures can be devised to characterize a non-transitive counterpart of every (...) Tarskian logic, starting from the logical matrices that are usually taken to render them. (shrink)

Recientemente, Alexander Bird (2007) sugirió que la ciencia progresa cuando muestra “acumulación de conocimiento justificado”. Para validar su postura, Bird contrastó sus ideas con los conceptos sobre el progreso científico construidos por Thomas S. Kuhn y Larry Laudan, respectivamente. El objetivo de Bird fue mostrar que el criterio de “resolución de problemas” defendido por estos autores, es regresivo y, por ello, anti-intuitivo. En este texto analizo los argumentos de Bird en contra de estos autores y muestro en qué fallan. Posteriormente (...) se evalúa su postura a partir de sus propios fundamentos epistemológicos. Al final, presento algunas conclusiones que pueden inferirse del presente estudio. (shrink)

While we typically think of culture as defined by geography or ethnicity (e.g., American culture, Mayan culture), the term also applies to the practices and expectations of smaller groups of people. Though embedded in the larger culture surrounding them, such subcultures have their own sets of rules like those that scientists do. Philosophy of science has as its main object of studio the scientific activity. A way in which we have tried to explain these scientific practices is from the actual (...) ontological commitments that scientists do through their scientific theories. Certainly, we know scientific theories through some specific scientific language, which is, in its turn, a subset of the natural language developed by a particular culture. This study is conducted to explore and evaluate some of the most important epistemological consequences of these ontological commitments, specially the so-called ‘truth-commitment’ and its relation with a linguistic-cultural framework. There is an interesting debate between advocates and opponents of scientific realistic view of the natural world. Some lines of scientific realism argumentation assure that: (i) Mature scientific theories are approximately true. (ii) There are entities and organisms in the world that correspond with the ontology presupposed by the best scientific theories within a specific domain of scientific research and (iii) The new acceptable scientific theories should explain why past theories were successful predecessors (Colyvan 2008, Cocchiarella 2007 & Laudan 1981). Contrary, anti- realist positions ensure against the realist’s true - claim that is a semantic commitment - that the purpose of scientific theories to found the truth it is simple an unattainable goal, especially if the kind of truth they are looking for is a corresponding relation between scientific theories and the ontology of the world. Anti-realist positions held that this relation could be circular and unknowable. I do believe that there is a deep confusion between the way in which we accede to the knowledge of the constitutive structures, entities and organisms of the world (which is an epistemological matter) and the way these structures, entities and organisms are (which is an ontological matter). It seems that there is a bridge between the epistemological and ontological aspect in need for conceptual clarification. I do propose that the type of link between the two extremes have to be linguistic in nature. (shrink)

En este texto analizo los principales argumentos y contraargumentos realistas y anti-realistas que se han construido a favor y en contra de la capacidad científica para producir conocimiento objetivo y verdadero del mundo social y natural. Argumento que el lenguaje teórico y el lenguaje observacional con el que los científicos sociales y naturales se refieren a las diversas entidades, fenómenos, propiedades y procesos científicos observables e inobservables están determinados, en la práctica, por sus tradiciones teóricas de investigación; lo que muestra (...) que la metodología científica depende en tal medida de las teorías que es, a lo sumo, un proceder constructivo y no un proceder de descubrimiento. (shrink)

Where does the impetus towards ethical theory come from? What drives humans to make values explicit, consistent, and discursively justifiable? This paper situates the demand for ethical theory in human life by identifying the practical needs that give rise to it. Such a practical derivation puts the demand in its place: while finding a home for it in the public decision-making of modern societies, it also imposes limitations on the demand by presenting it as scalable and context-sensitive. This differentiates strong (...) forms of the demand calling for theory from weaker forms calling for less, and contexts where it has a place from contexts where it is out of place. In light of this, subjecting personal deliberation to the demand turns out to involve a trade-off. (shrink)

We argue that philosophers are competent to facilitate public discussion concerning restrictions on human migration across political borders. We also argue that presenting public audiences with a prima facie case for open borders offers a unique opportunity to elucidate important aspects of philosophical reasoning. Finally, we share resources and a lesson plan for those keen to examine the case for open borders with students, or to facilitate public discussion on these issues.

Many will readily acknowledge there being rights of humans which trump the rights of states. Thus, these rights are aptly labeled ‘Human Rights,’ by which we may measure and admonish state-conduct. However, in contemporary Human Rights discourse, there is an emerging strand of thought in the academy that is Anti-Human Rights. To understand the foundations of Anti-Human Rights discourse, and to address the arguments that have been put forth, I analyze and incorporate the works of John O. Nelson, Raymond Geuss, (...) Wendy Brown, and Slavoj Žižek. Based on the same, I argue that the core arguments to these assertions are unpersuasive. I attempt at viewing Human Rights justification in different terms, and, to argue for the legitimacy of Human Rights while abandoning the search for justifications in nature, U.S. Foreign Policy, or Neo-Marxist views. (shrink)

El libro de Lorraine Daston Breve Historia de la Atención Científica, publicado en español por editorial La Cifra en el 2012, consta de seis apartados a través de los cuales Daston formula una interesante pregunta desde las perspectivas de la psicología de la investigación científica y la epistemología de la historia natural: por qué, cuándo y cómo ocurre que los científicos dirigen su atención sobre determinados objetos de estudio y no sobre otros. O visto desde otro punto de vista, cómo (...) emergen los objetos científicos y cómo, en determinado momento, se desvanecen. (shrink)

Analizo los principales argumentos en torno a la dependencia teórica de los enunciados y conceptos observacionales tomando como eje de discusión la postura de Gerhard Schurz. Después discuto los principales argumentos sobre la dependencia teórica de la percepción. Finalmente analizo la dependencia teórica de la experimentación científica teniendo como eje de discusión la postura de Allan Franklin. Muestro que un rasgo positivo de la dependencia teórica de la observación y la experimentación es que una teoría científica puede establecer los mecanismos (...) para evaluar la importancia de los fenómenos observados inesperados. Estos mecanismos sin duda constituyen un instrumento esencial para el progreso científico. (shrink)

Analizo los alcances y los límites de las teorías sobre el progreso científico elaboradas por Larry Laudan y Philip Kitcher, respectivamente. Comienzo por caracterizar sus teorías, después hago una comparación entre éstas y finalmente reviso cuáles son sus principales problemas. Al final muestro algunas razones por las cuales sus criterios propuestos para evaluar el progreso cognitivo de la ciencia no son exitosos. Termino sugiriendo una manera de evaluar el progreso cognitivo de la ciencia.

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent Assembly (...) with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) (...) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions. (shrink)

Para desarrollar este trabajo, en el primer capítulo caracterizaré con cierta extensión dos de las principales posturas funcionalistas del progreso científico, a saber, la defendida por Thomas S. Kuhn y Larry Laudan, respectivamente. Posteriormente, haré un análisis crítico de estas posturas. En particular, mostraré que un modelo de progreso científico basado en la resolución de problemas no puede pasar por alto explicar cómo es que se genera un problema científico y cómo puede ser medida no sólo la importancia cognitiva de (...) los problemas científicos a resolver; sino la importancia cognitiva que tienen las soluciones a los problemas que enfrenta la ciencia. En el segundo capítulo caracterizaré y analizaré la postura realista metafísica sobre el progreso científico desarrollada por Philip Kitcher. El análisis del modelo de Kitcher es pertinente para el presente estudio debido a que este autor integró muchas de las críticas que se le hicieron a las posturas funcionalistas anteriores a su propuesta. Sin embargo, como sugeriré en la conclusión de ese capítulo, la postura defendida por Kitcher en torno al progreso cognitivo de la ciencia fluctúa entre la defensa de un realismo de corte metafísico (Kitcher 1993 y 1995) y un realismo de corte semántico (Kitcher 2001a, 2001b, 2002 y 2007) que hace difícil entender con precisión y a cabalidad su postura. Con los anteriores elementos, en el tercer capítulo revisaré el debate entre las posturas funcionalistas y las posturas realistas sobre el progreso cognitivo de la ciencia en el marco del llamado Realismo Epistemológico Convergente, con el objetivo de evaluar si otras posturas realistas pueden explicar de mejor manera el progreso cognitivo de la ciencia. Como mostraré, el realismo epistemológico convergente requiere para su defensa de una definición conceptual precisa en relación a lo que debe entenderse por “verdad” – o “aproximación a la verdad” – y su conexión con el éxito científico; así como la relación de referencia entre las entidades y organismos teóricos observables e inobservables que la ciencia postula y el mundo natural. Para analizar estas conexiones, en este capítulo revisaré varios argumentos anti-realistas en contra de la relación cognitiva que los defensores del realismo epistemológico convergente pretenden establecer entre el éxito empírico y la verdad, por un lado, y el éxito empírico y la referencia, por el otro. Posteriormente, analizaré los contra-argumentos realistas más importantes que a mi juicio se han elaborado para defender el realismo epistemológico convergente. Finalmente, mostraré que los contra-argumentos realistas no logran ser lo suficientemente sólidos para evadir con éxito los ataques anti-realistas en torno al progreso cognitivo de la ciencia. El cuarto capítulo de este trabajo lo dedicaré a caracterizar y analizar la postura fundacionista defendida por Alexander Bird. Este autor sostuvo que la ciencia progresa cuando muestra “acumulación de conocimiento justificado”. Para validar su postura, este autor contrastó sus ideas con los conceptos sobre el progreso científico construidos precisamente por Kuhn y Laudan, respectivamente. El objetivo de Bird fue mostrar que el criterio de “resolución de problemas” defendido por estos autores es regresivo y, por ello, anti-intuitivo. En este capítulo analizo los argumentos de Bird, muestro en qué fallan para, finalmente, evaluar su postura a partir de sus propios fundamentos epistemológicos. En el quinto y último capítulo del libro ofreceré algunas conclusiones que pueden ser inferidas del presente estudio. (shrink)

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the ICC (...) is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

This paper extends Fitting's epistemic interpretation of some Kleene logics, to also account for Paraconsistent Weak Kleene logic. To achieve this goal, a dualization of Fitting's "cut-down" operator is discussed, rendering a "track-down" operator later used to represent the idea that no consistent opinion can arise from a set including an inconsistent opinion. It is shown that, if some reasonable assumptions are made, the truth-functions of Paraconsistent Weak Kleene coincide with certain operations defined in this track-down fashion. Finally, further reflections (...) on conjunction and disjunction in the weak Kleene logics accompany this paper, particularly concerning their relation with containment logics. These considerations motivate a special approach to defining sound and complete Gentzen-style sequent calculi for some of their four-valued generalizations. (shrink)

Social and political concepts are indispensable yet historically and culturally variable in a way that poses a challenge: how can we reconcile confident commitment to them with awareness of their contingency? In this article, we argue that available responses to this problem—Foundationalism, Ironism, and Right Wittgensteinianism—are unsatisfactory. Instead, we draw on the work of Bernard Williams to tease out and develop a Left Wittgensteinian response. In present-day pluralistic and historically self-conscious societies, mere confidence in our concepts is not enough. For (...) modern individuals who are ineluctably aware of conceptual change, engaged concept-use requires reasonable confidence, and in the absence of rational foundations, the possibility of reasonable confidence is tied to the possibility of critically discriminating between conceptual practices worth endorsing and those worth rejecting. We show that Left Wittgensteinianism offers such a basis for critical discrimination through point-based explanations of conceptual practices which relate them to the needs of concept-users. We end by considering how Left Wittgensteinianism guides our understanding of how conceptual practices can be revised in the face of new needs. (shrink)

The original scheme for compensating victims of crime was introduced as an entitlement, and later codified into law so as to establish a legal right. The result has been the opposite: qualification for compensation has been made so conditional, that a right enjoyed by victims has been made into a narrowly drawn entitlement. The following describes the prior scheme, the current statutory scheme, surveys unintended and quantitative effects the change have caused, and discusses how changes to the scheme have, in (...) effect, changed a right into an entitlement. (shrink)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

The aim of this paper is to explore the peculiar case of infectious logics, a group of systems obtained generalizing the semantic behavior characteristic of the -fragment of the logics of nonsense, such as the ones due to Bochvar and Halldén, among others. Here, we extend these logics with classical negations, and we furthermore show that some of these extended systems can be properly regarded as logics of formal inconsistency and logics of formal undeterminedness.

In this paper we discuss the extent to which conjunction and disjunction can be rightfully regarded as such, in the context of infectious logics. Infectious logics are peculiar many-valued logics whose underlying algebra has an absorbing or infectious element, which is assigned to a compound formula whenever it is assigned to one of its components. To discuss these matters, we review the philosophical motivations for infectious logics due to Bochvar, Halldén, Fitting, Ferguson and Beall, noticing that none of them discusses (...) our main question. This is why we finally turn to the analysis of the truth-conditions for conjunction and disjunction in infectious logics, employing the framework of plurivalent logics, as discussed by Priest. In doing so, we arrive at the interesting conclusion that —in the context of infectious logics— conjunction is conjunction, whereas disjunction is not disjunction. (shrink)