This paper argues that epistemic errors rooted in group- or identity- based biases, especially those pertaining to disability, are undertheorized in the literature on medical error. After sketching dominant taxonomies of medical error, we turn to the field of social epistemology to understand the role that epistemic schemas play in contributing to medical errors that disproportionately affect patients from marginalized social groups. We examine the effects of this unequal distribution through a detailed case study of ableism. There are four primary (...) mechanisms through which the epistemic schema of ableism distorts communication between nondisabled physicians and disabled patients: testimonial injustice, epistemic overconfidence, epistemic erasure, and epistemic derailing. Measures against epistemic injustices in general and against schema-based medical errors in particular are ultimately issues of justice that must be better addressed at all levels of health care practice. (shrink)

The COVID-19 pandemic paved the way for the emergence of the Boys’ Love (BL) theme and genre throughout various media platforms, causing disruptive visibility to the narratives and representation of gays (Andrada in an interview by Antonio, 2021; Ting, 2020). This disruption may have started a dialogue in social media, but this dialogue was only a limited attempt given that most of the discussions have stereotypical representations of gay men (Celso, 2020). This study analyzes how humor was applied in the (...) online comic, SariSari Story, and how humor is used in the portrayal of the gay characters in this online comic. The analysis uses Grice’s (2012) pragmatic framework of conversational maxims: quality, quantity, manner, and relation. Humor was indicated in the non-observance of one or more maxim(s), which, then, caused the implicatures. The study found that the most non-observed maxims were quantity, manner, and relation. The prominent type of humor present in the comic was the Freudian slip, where the slips contained sexual metaphors mostly associated with the characters’ sexual desires towards each other. As an example of the BL genre, the Sari-Sari Story online comic stereotyped its presentation of gay characters as hypersexual in their relationships with each other. In this, it deviated from the conventions of the Pinoy BL present in the mainstream media. (shrink)

To improve oneself and grow professionally, career development has been found to be crucial, as it serves as a roadmap for the professional growth of employees. However, a barrier, known as the glass ceiling, hinders the progress of employees, especially those in the LGBTQIA+ community. This study explores the impact of the glass ceiling on the career development of selected LGBTQIA+ individuals, shedding light on the barriers faced by this community in the workplace. The researchers used a qualitative multiple-case study (...) and selected ten (10) LGBTQIA+ participants from large enterprises via the judgmental sampling technique. Through thematic analysis, psychological impact, workplace discomfort, lack of recognition, and career progress challenges emerged as the impacts of the glass ceiling on the participants. Strategies for overcoming glass ceiling barriers, such as resilience, self-reflection, and community support, are identified. Thus, the study found that glass ceilings are really evident in the context of businesses. With this, the proposed advocacy plan in the study suggests interventions like workplace inclusion training, mentorship networks, and seminars on employee rights. Furthermore, it emphasizes the call for ongoing research and advocacy efforts to dismantle barriers and cultivate workplaces that not only embrace diversity but also provide equitable opportunities for career growth. (shrink)

Any plausibly just market exchange must balance two conflicting moral considerations: non-worseness (Wertheimer, 1999) and euvoluntariness (true voluntariness; Munger, 2011). We propose an analytical theory of just market exchange that partly resolves this conflict.

The present article focuses on the idea that divine nature is prior to being. This idea was first articulated in John of Scythopolis’s commentary on Pseudo-Dionysius. It was adopted by Maximus Confessor and re-used in Meister Eckhart’s first Quaestio Parisiensis. The main tenet of this idea is that, if God is the origin of being, he must be more fundamental than being. Thus, being cannot be identical to divine nature. The conclusion that can be drawn from the discussion of this (...) idea is that the importance that has been traditionally attached to the "Exodusmetaphysik" must be reconsidered, and that the pro-ontological conception of divine nature constitutes an autonomous tradition in Christian thought. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Resumen Con el presente artículo se pretende analizar la colonialidad del poder como eje central de las relaciones de dominación que marcaron la primera década del siglo XXI en Colombia, más específicamente estudiando los casos del clientelismo político en zonas periféricas como el Casanare, y el caso Carimagua. Para desarrollar esta investigación, se realizó un análisis documental tomando como referente autores de la filosofía política latinoamericana como Anibal Quijano y Santiago Castro- Gómez quienes a su vez se apoyan en Michel (...) Foucault para definir el concepto de relaciones de poder, y la propuesta de Fernán González en torno a la necesidad de un análisis multiescalar del poder y la violencia, con el fin de proponer una alternativa al análisis tradicional de las relaciones de poder en Colombia. -/- . (shrink)

Aided by Michel Foucault’s concept of panopticon and a discussion on the function of fairy tales and modern fiction, this paper aims to deal with the question: If human beings truly are civilized, then why do we glorify the Other in our literature? History has shown that human beings have been forming and developing societies for thousands of years. This development also constantly shows that societies have been dealing with or acting upon violent impulses in order to produce a certain (...) level of normalcy; and considering how modern societies have relied upon surveillance and discipline to produce normalization, we could say that this process of production of the normal would also produce the unacceptable non-normal, the Other. However, from the fairy tales to the more modern forms of fiction, we keep on finding this paradox: the portrayal of the non-normal Other to the point of acceptability. (shrink)

This paper recommends recognition theory as one useful tool in the diagnosis of the recent rise in two pathologies of democracy, specifically the surging success of populist politicians and parties across many consolidated democracies, and, increases in the social polarization of citizens along partisan lines in several of those nations. It begins by defining and discussing the resurgence of populism in two forms, before turning to a discussion of the concurrent increase in partisan polarization that is puzzlingly unconnected to policy (...) polarization. It then argues that recognition theory does a better job explaining these phenomena than alternative approaches by tying together social changes, moral psychology, and politically powerful social dynamics of identity, in a way that is sensitive to historical changes in recognition orders. It also argues that recognition theory provides an understanding of the specific political psychology supporting populism and polarization that does not treat supporters as mere passive victims of blind emotion, but rather as motivated by distinctly moral experiences of misrecognition and as making claims for recognition to the broader society. In the end, the paper suggests that a central causal role behind populism and polarization must be assigned to responses to a changing recognition order, especially where those enter into a fateful reinforcing causal dynamic with other economic and political causes, potentially turning the engaged use of democratic political freedom into its opposite. (shrink)

I present an account of the passage of time and the present in relativistic spacetimes, and I defend these views against recent criticism by Oliver Pooley and Craig Callender.

Ziel dieses Papiers ist es die Ordnungsethik – einen bereichsethischen Ansatz, der derzeit vor allem für wirtschaftsethische Fragestellungen benutzt wird – als eine universelle Methode zur Analyse von bereichsethischen Fragestellungen vorzustellen. Um das Vorhaben handhabbar zu machen, muss es in zweierlei Hinsicht eingeschränkt werden. Zum einen kann es sich hier natürlich nicht um eine voll ausgearbeitete Methodologie für die Analyse von bereichsethischen Fragestellungen handeln, sondern nur um eine methodische Skizze. Zum anderen soll es in diesem Papier im Wesentlichen um solche (...) bereichsethischen Fragestellungen gehen, deren Lösung die Implementierung von formellen wie informellen Regeln erfordert. (shrink)

I present a possible worlds semantics for a hyperintensional belief revision operator, which reduces the logical idealization of cognitive agents affecting similar operators in doxastic and epistemic logics, as well as in standard AGM belief revision theory. (Revised) belief states are not closed under classical logical consequence; revising by inconsistent information does not perforce lead to trivialization; and revision can be subject to ‘framing effects’: logically or necessarily equivalent contents can lead to different revisions. Such results are obtained without resorting (...) to non-classical logics, or to non-normal or impossible worlds semantics. The framework combines, instead, a standard semantics for propositional S5 with a simple mereology of contents. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put it: "...we (...) propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

En el artículo se critica la tesis de Javier Mosterín (defendida en su libro Vivan los Animales, Debate, 1998) de que los animales no humanos deben ser incluidos en la comunidad moral como resultado de un progreso moral en la sensibilidad de los humanos que llevará progresivamente a una mayor compasión por el sufrimiento ajeno. Tras señalar ciertas deficiencias metaéticas de esta propuesta y la no deseada implicación normativa de tener que incluir finalmente en la comunidad moral a cualquier ser (...) vivo, se esbozan en el artículo algunas razones para permitir una mejor consideración de los animales sin acabar por ello en ese radicalismo ecológico. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

This is a transcript of a conversation between P F Strawson and Gareth Evans in 1973, filmed for The Open University. Under the title 'Truth', Strawson and Evans discuss the question as to whether the distinction between genuinely fact-stating uses of language and other uses can be grounded on a theory of truth, especially a 'thin' notion of truth in the tradition of F P Ramsey.

El artículo examina un episodio curioso, ocurrido en las relaciones de Galileo Galilei y de su amigo Giovanfrancesco Sagredo -el destacado personaje del Diálogo sobre los dos máximos sistemas del mundo- con el filósofo aristotélico Cesare Cremonini. Estando todavía de profesor en Padua, Galilei entrega al colega y amigo Cremonini, en forma de préstamo, la cuantiosa suma de cuatrocientos ducados. Al trasladarse de Padua a Florencia, el científico confía a Sagredo la tarea de recuperar el dinero prestado. Las cartas numerosas (...) que Sagredo dirigiera a Galilei a tal propósito, nos informan que la cancelación total del préstamo tardó nueve años (1619), gracias a las reiteradas intromisiones del patricio veneciano. Es opinión común de los historiadores, que la tardanza fue causada simplemente por la morosidad y la mala conducta seguida por Cremonini. El autor, en cambio, sugiere una interpretación diferente de los hechos; al tomar en cuenta, de un lado, la presencia de factores financieros que hicieron subir el costo de la deuda; del otro, la forma agresiva con que Sagredo llevó adelante el cuidado de los intereses de Galilei, hasta el extremo de levantar en Cremonini la sospecha de ser objeto de maniobras usureras. (shrink)

Se examina la defensa que de la filosofía en cuanto episteme, elaboró el aristotélico renacentista Cesare Cremonini (1550-1 631), al introducir el curso de lecciones sobre la Física de Aristóteles, según la redacci6n todavía inédita del Ms.200-2 de la Biblioteca Universitaria de Padua. Mediante un topos ya clásico, y actual, los temas en discusión son además de la falta de certitudo y la inconsistencia veritativa que afectan las conclusiones de la filosofía de la naturaleza, la inutilidad e incluso la peligrosidad (...) que, desde el punto de vista ético- político, parecen descalificar la labor del filósofo ociosamente levantar sospechas y alarma. La interpretación de la réplica cremoniniana intenta establecer conexiones entre el perfil conceptual de los argumentos esgrimidos, y algunos episodios de la biografía intelectual y académica de Crernonini sin dejar de tomar en cuenca las implicaciones políticas que pueden derivarse, en perspectiva histórica, del amplio debate que caracterizó la vida académica y cultural del estudio de Padua y de la república veneciana, durante la segunda mitad del siglo XVI.The defence of philosophy as episteme is examined, as elaborated by Renaissance Aristotelian philosopher Cesare Cremonini (1550 - 1 631) in his as yet unpublished manuscript numbered 200-2 by t he University of Padua. Which purported to be an introduction for a course on Aristotle's Physics. Following a topos both classic and contemporary, the issues arc, in addition to the lack of certitudet and the inconsistency of truth concerning the philosophy of nature. The uselessness and even the ethical-political danger arising from the work of the idle philosopher devoted to the contemplation of truth, whose presence in society may stir suspicion and unrest. The analysis of Cremonini’s arguments intends to establish the connections between the philosopher's views and his own academic and intellectual circumstances. Also the political implications are taken into account that resulted from the wide-range debate typical of academic and cultural life in the Studio of Padua and the Republic of Venice during the second half of the 16th Century. (shrink)

El Foro Global de Bioética en Investigación (GFBR por sus siglas en inglés) se reunió el 3 y 4 de noviembre en Buenos Aires, Argentina, con el objetivo de discutir la ética de la investigación con mujeres embarazadas. El GFBR es una plataforma mundial que congrega a actores clave con el objetivo de promover la investigación realizada de manera ética, fortalecer la ética de la investigación en salud, particularmente en países de ingresos bajos y medios, y promover colaboración entre países (...) del norte y del sur.a Los participantes en el GFBR provenientes de Latinoamérica incluyeron a eticistas, investigadores, miembros de comités de ética y representantes de autoridades sanitarias provenientes de Argentina, Brasil, Chile, Colombia, Ecuador, El Salvador, Guatemala, Honduras, Panamá, Perú, Nicaragua y la República Dominicana. Una legítima preocupación por la protección de las mujeres embarazadas y sus embriones o fetos ha llevado a la mayoría de los países de la Región de las Américas a limitar la realización de estudios con mujeres embarazadas exclusivamente a aquellos estudios específicos sobre el embarazo, y a requerir la exclusión sistemática de las mujeres embarazadas o de las mujeres que quedan embarazadas en el curso del estudio. Ciertamente, a lo largo de la historia de la ética de la investigación, se ha creído erróneamente que proteger a una población es sinónimo de excluirla de los estudios. Se sabe ahora que proceder así implica exponer a riesgos mucho mayores a la población que se busca proteger. El embarazo implica cambios fisiológicos sustantivos e impacta profundamente la manera como el cuerpo metaboliza los medicamentos. Sin embargo, por evitar hacer investigación con mujeres embarazadas, no se ha producido la evidencia científica necesaria para tomar decisiones sobre tratamientos e intervenciones preventivas con dosis eficaces y seguras para ellas y sus embriones o fetos. A manera de ilustración, en el 2001 había en los Estados Unidos apenas más de una docena de medicamentos aprobados para uso en el embarazo (1) y en el 2011 la Food and Drug Administration (FDA) aprobó por primera vez en 15 años un medicamento para su uso en el embarazo (2). Como consecuencia de no haber producido la evidencia necesaria, se pone en riesgo la salud de las mujeres embarazadas cada vez que se les da atención médica. Las mujeres embarazadas se enferman y las mujeres enfermas se embarazan, y no se sabe si los medicamentos que se les da son eficaces o siquiera seguros para ellas y sus embriones o fetos. (shrink)

This paper explains how to use a new software tool for argument diagramming available free on the Internet, showing especially how it can be used in the classroom to enhance critical thinking in philosophy. The user loads a text file containing an argument into a box on the computer interface, and then creates an argument diagram by dragging lines from one node to another. A key feature is the support for argumentation schemes, common patterns of defeasible reasoning historically know as (...) topics . Several examples are presented, as well as the results of an experiment in using the system with students in a university classroom. (shrink)

Things strike me in a variety ways. F and F# sound slightly different, ripe and unripe tomatoes neither look nor taste nor smell the same, and silk feels smoother than corduroy. In each case, I distinguish an experience of something on the basis of what it is like to be its subject. That is to say, in philosophical parlance, if not quite the vernacular, its “quale,” leads me to categorize it and, thus, respond appropriately to its stimulus. The function of (...) a quale being established, we must define it along with its subject and, as Sartre maintained, their relation. How should we understand the subject and predicate terms and the copula in sentences such as ‘He is listening to Chopin’ or ‘She is seeing the sights of Paris’? Elaborating upon adverbialism, I shall argue that the subject of experiencing is a hylomorphic compound that is temporarily identical to the 'accidental compound' that it forms along with a qualified passion. I begin by explicating the adverbialist’s treatment of qualitative consciousness and defending it against the charge of circularity. (shrink)

The search for understanding is a major aim of science. Traditionally, understanding has been undervalued in the philosophy of science because of its psychological underpinnings; nowadays, however, it is widely recognized that epistemology cannot be divorced from psychology as sharp as traditional epistemology required. This eliminates the main obstacle to give scientific understanding due attention in philosophy of science. My aim in this paper is to describe an account of scientific understanding as an emergent feature of our mastering of different (...) (causal) explanatory frameworks that takes place through the mastering of scientific practices. Different practices lead to different kinds of representations. Such representations are often heterogeneous. The integration of such representations constitute understanding. (shrink)

Robert Kimball, in “What’s Wrong with Argumentum Ad Baculum?” (Argumentation, 2006) argues that dialogue-based models of rational argumentation do not satisfactorily account for what is objectionable about more malicious uses of threats encountered in some ad baculum arguments. We review the dialogue-based approach to argumentum ad baculum, and show how it can offer more than Kimball thinks for analyzing such threat arguments and ad baculum fallacies.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

Effective altruism is a movement which aims to maximise good. Effective altruists are concerned with extreme poverty and many of them think that individuals have an obligation to donate to effective charities to alleviate extreme poverty. Their reasoning, which I will scrutinise, is as follows: -/- Premise 1. Extreme poverty is very bad. -/- Premise 2. If it is in our power to prevent something very bad from happening, without thereby sacrificing anything else morally significant, we ought, morally, to do (...) it. -/- Premise 3. Individuals ought to choose the effective option in preventing very bad things. -/- Premise 4. Donating to effective charities is one of the best ways to alleviate extreme poverty. -/- Conclusion. Individuals ought to donate to effective charities working towards extreme poverty alleviation where doing so does not require them to give up anything of moral significance. -/- I will scrutinise each of these premises in turn. -/- For Premise 1, I focus on hedonistic utilitarianism and criticise its outlook on extreme poverty. I claim that hedonistic utilitarianism might be problematic for effective altruism. -/- Premise 2 is Peter Singer's Weaker Principle of Sacrifice. I introduce several possible interpretations of it, and press several objections to it by stressing overpermissiveness, luck, and rights. I defend strengthening the Weaker Principle of Sacrifice without making it overdemanding. -/- I claim that Premise 3 can be attractive to both consequentialists and non-consequentialists. Nevertheless, by showing that effectiveness sometimes violates fairness, I propose a method which avoids always helping the greater number and always giving everyone equal chances of being helped, which is compatible with effective altruism. -/- Against Premise 4, I assess the systemic change objection, which states that effective altruism unjustifiably distracts individuals from systemic change. By considering risk and the moral standing of the future extremely poor, I claim that the systemic change objection is partially successful, but cannot undermine effective altruism. -/- After analysing all of these, I argue that individuals have an obligation to donate to effective charities to alleviate extreme poverty where doing so does not require them to give up anything of moral significance. (shrink)

The impact of crude oil on the permeability of the soil in a non oil producing community in Enugu State was investigated using disturbed A 6 CL soil sample collected from Ibagwa Nike area of the state. The sample was divided into five 5 portions and each of the four 4 portions was dosed with Bonny light crude oil at 2 , 4 , 6 and 8 by weight of the samples. The physical properties of the uncontaminated soil were tested (...) and analyses and used as control. The aim of the laboratory investigation was to determine the effects of crude oil on the permeability of the soil. The permeability of the uncontaminated soil was found to be 1.2609x10 7. Permeability tests were also conducted on the contaminated soil samples at the various percentage contaminations. The results showed that at 2 crude oil contamination the permeability was 9.6403x10 9, a drastic reduction. The other results were 6.9600x10 6, 2.2621x10 8 and 9.1286x10 8 at 4 , 6 , and 8 contamination levels, respectively. The ranking after contamination is seen to drop within the range of 10 8 and 10 9 showing a change in the permeability due to oil content. This observed reduction in permeability alters the natural groundwater recharge which can be remedied by enhanced bioremediation through aeration of the soil. Iloeje A. F. | Aniago V. "Effect of Crude Oil on Permeability Properties of the Soil" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-1 | Issue-1 , December 2016 . (shrink)

Causal finitism claims nothing can have an infinite causal history. An influential defense of this position uses infinity paradoxes to argue that, if causal finitism is false, several impossible scenarios would be possible. In this paper, I defend that theists should not be persuaded by this argument. If true, this is an important development, since causal finitism is often argued for by theists as a core premise in Kalam-style cosmological arguments for theism. I extend the same analysis to an argument (...) in favor of temporal finitism and conclude that my point may generalize to any reasoning of a similar structure. (shrink)

Good old-fashioned cognitive science characterizes human thinking as symbol manipulation qua computation and therefore emphasizes the processing of symbolic representations as a necessary if not sufficient condition for “general intelligent action.” Recent alternative conceptions of human thinking tend to deemphasize if not altogether eschew the notion of representation. The present paper shows how classical American pragmatist conceptions of human thinking can successfully avoid either of these extremes, replacing old-fashioned conceptions of representation with one that characterizes both representatum and representans in (...) externalist terms. (shrink)

In the western context, law has two functions. It upholds normative expectations and it transforms social phenomena. The latter is expressed through the form-giving function of law as law designates particular social phenomena as, for example, economic, political or religious. Inside such overarching categories, further subcategories can moreover be observed. In relation to economic processes, the legal institutions of competition, contract, corporation and property are, for example, classical examples of the form-giving function of law. The dual function of law is (...) briefly illustrated through a genealogy of imaginaries of law distinguishing between four historically dominant types of law: ‘Law as purpose’; ‘law as a tool’; ‘law as an obstacle’; and ‘law as reflexivity-initiation’. On this background, ten core dimensions of what might become a new episteme of transformative law are fleshed out with the aim of answering the question to what extent it can act as an alternative to the previous four types of law. (shrink)

The process of cooperative problem solving can be divided into four stages. First, finding potential team members, then forming a team followed by constructing a plan for that team. Finally, the plan is executed by the team. Traditionally, very simple protocols like the Contract Net protocol are used for performing the first two stages of the process. In an open environment however, there can be discussion among the agents in order to form a team that can achieve the collective intention (...) of solving the problem. For these cases fixed protocols like contract net do not suffice. In this paper we present an alternative solution, using structured dialogues, with an emphasis on persuasion, that can be shown to lead to the required team formation. The dialogues are described formally using modal logics and speech acts. (shrink)

The biological sciences study (bio)complex living systems. Research directed at the mechanistic explanation of the "live" state truly requires a pluralist research program, i.e. BioComplexity research. The program should apply multiple intra-level and inter-level theories and methodologies. We substantiate this thesis with analysis of BioComplexity: metabolic and modular control analysis of metabolic pathways, emergence of oscillations, and the analysis of the functioning of glycolysis.

Some progress has been made in recent decades to articulate corporate social responsibility (CSR) and, more recently, to associate CSR with international enforcement of human rights. This progress continues to be hampered, however, by the ability of a multinational corporation (MNC) that violates human rights not only to shift liability from itself to a nation-state but even to win compensation from that nation-state for loss of profits due to restrictions on its business activities. In the process, the nation-state’s sovereignty is (...) diminishing; and, in effect, though still attributed to nation-states, it is being transferred to the MNC. The main aim of this article is (1) to draw on normative considerations to claim that this MNC proto-sovereignty should be modified and (2) to contend that this can eventually be accomplished by adding to corporate adoption of CSR guidelines a regimen of global human rights enforcement. I base this contention on expectations about the internationalization of corporate criminal law and the globalization of civil society in general and of NGOs in particular. I consider various jurisdictions but I focus on US jurisprudence. (shrink)

Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as (...) advocates of ‘non-state law’ share the assumption that ‘law beyond the state’ and related legal norms have gained in centrality when compared with previous historical times. While global law, including both public and private global governance law as well as regional occurrences such as EU law, has undergone profound transformations since the structural transformations which followed the de-colonialization processes of the mid-twentieth century, we do not have more global law relatively to other types of law today than in previous historical times. The second deficiency is a methodological one. The vast majority of scholarship on global law is either of an analytical nature, drawing on insights from philosophy, or empirically observing the existence of global law and the degree of compliance with global legal norms at a given moment in time. While both approaches bring something to the table they remain static approaches incapable of explaining and evaluating the transformation of global law over time. The third deficiency is a conceptual-theoretical one. In most instances, global law is understood as a unitary law producing singular legal norms with a planetary reach, or, alternatively, a radical pluralist perspective is adopted dismissing the existence of singular global norms. Both of these approaches however misapprehend the structural characteristics, function and societal effects of global law. Instead a third positon between unitary and radical pluralist perspectives can be adopted through an understanding of global law and its related legal norms as a de-centred kind of inter-contextual law characterised by inter-legality. (shrink)

Aqui se conta uma história de alguns segredos, tão antigos quanto algo entre 240 e 350 mil anos, revelados por uma misteriosa caverna. É uma história que ganha vida como um palimpsesto, sobrepondo-se à outra, narrada no documentário Caverna de Ossos, da série Explorando o Desconhecido. Impossível não ficar impactado por esse relato, pois levanta várias questões intrigantes sobre a evolução humana e sobre a própria definição de humano. Essa narrativa, mais do que pela razão formal e analítica, é conduzida (...) pela poética do tempo arcaico, ou seja, é levada pela emoção de vislumbrar raízes da natureza humana, tão distantes – pré-históricas – e pelo fascínio de muitas das indagações interdisciplinares postas aqui em evidência. É, em última análise, uma breve história de devaneio acerca do significado de ser humano. (shrink)

Obituary of an American philosopher born in Latvia. Family fled Russians, migrated to Milwaukee. John became first non-identical twin to receive a kidney transplant, wrote about new technology.

According to one large family of views, scientific explanations explain a phenomenon (such as an event or a regularity) by subsuming it under a general representation, model, prototype, or schema (see Bechtel, W., & Abrahamsen, A. (2005). Explanation: A mechanist alternative. Studies in History and Philosophy of Biological and Biomedical Sciences, 36(2), 421–441; Churchland, P. M. (1989). A neurocomputational perspective: The nature of mind and the structure of science. Cambridge: MIT Press; Darden (2006); Hempel, C. G. (1965). Aspects of scientific (...) explanation. In C. G. Hempel (Ed.), Aspects of scientific explanation (pp. 331–496). New York: Free Press; Kitcher (1989); Machamer, P., Darden, L., & Craver, C. F. (2000). Thinking about mechanisms. Philosophy of Science, 67(1), 1–25). My concern is with the minimal suggestion that an adequate philosophical theory of scientific explanation can limit its attention to the format or structure with which theories are represented. The representational subsumption view is a plausible hypothesis about the psychology of understanding. It is also a plausible claim about how scientists present their knowledge to the world. However, one cannot address the central questions for a philosophical theory of scientific explanation without turning one’s attention from the structure of representations to the basic commitments about the worldly structures that plausibly count as explanatory. A philosophical theory of scientific explanation should achieve two goals. The first is explanatory demarcation. It should show how explanation relates with other scientific achievements, such as control, description, measurement, prediction, and taxonomy. The second is explanatory normativity. It should say when putative explanations succeed and fail. One cannot achieve these goals without undertaking commitments about the kinds of ontic structures that plausibly count as explanatory. Representations convey explanatory information about a phenomenon when and only when they describe the ontic explanations for those phenomena. (shrink)

Abortion bans have been characterized as cruel especially in not allowing exceptions for rape or incest. The article first examines one approach to morally justifying bans based on the Doctrine of Double Effect (DDE) which distinguishes morally between killing or letting die intending death versus doing so only foreseeing death. It then presents some criticisms of the implications of the DDE but also argues that what the doctrine permits helps provide a ground for the permissibility of abortions even if the (...) fetus is a person. Whether there are limits on applying this argument is also considered. In conclusion, the article considers whether and why not permitting exceptions to bans for rape and incest is cruel and whether cruelty is a ground for opposition to bans. (shrink)

What comes after neoliberalism? This is in many ways the question of our time. Or maybe neoliberalism doesn’t really exist at all? And if it does, what is the relevance for lawyers, legal scholarship and legal practice?

Neuroscience has studied deductive reasoning over the last 20 years under the assumption that deductive inferences are not only de jure but also de facto distinct from other forms of inference. The objective of this research is to verify if logically valid deductions leave any cerebral electrical trait that is distinct from the trait left by non-valid deductions. 23 subjects with an average age of 20.35 years were registered with MEG and placed into a two conditions paradigm (100 trials for (...) each condition) which each presented the exact same relational complexity (same variables and content) but had distinct logical complexity. Both conditions show the same electromagnetic components (P3, N4) in the early temporal window (250–525 ms) and P6 in the late temporal window (500–775 ms). The significant activity in both valid and invalid conditions is found in sensors from medial prefrontal regions, probably corresponding to the ACC or to the medial prefrontal cortex. The amplitude and intensity of valid deductions is significantly lower in both temporal windows (p = 0.0003). The reaction time was 54.37% slower in the valid condition. Validity leaves a minimal but measurable hypoactive electrical trait in brain processing. The minor electrical demand is attributable to the recursive and automatable character of valid deductions, suggesting a physical indicator of computational deductive properties. It is hypothesized that all valid deductions are recursive and hypoactive. (shrink)

I agree that Wollheim is wrong in his reconstruction of Bradley's arguments on Subject-Predicate judgements, but not completely. Wollheim is right about the conclusion of Bradley's arguments. I argue that Bradley does not reject subject-predicate form of judgements rather he attack's the idea that there is some judgement in which the subject is the nude reality.

A complimentary assessment of Blum's award-winning book about racism and its affects. Well written as it is, it needs to be supplemented with a definition of racial injustice, and also to analyze racism not only on the level of individual morality but from a human rights perspective that discredits political and economic motives for racism (e.g., by drawing on Hannah Arendt's Origins of Totalitarianism).

In this article it is shown that a careful analysis of Kant 's Gedanken von der wahren Schätzung der lebendigen Kräfte und Beurtheilung der Beweise leads to a conclusion that does not match the usually accepted interpretation of Kant 's reasoning in 1747, according to which the young Kant supposedly establishes a relationship between the tridimensionality of space and Newton's law of gravitation. Indeed, it is argued that this text does not yield a satisfactory explanation of space dimensionality, and actually (...) restricts itself to justifying the tridimensionality of extension. (shrink)

This article considers some different views of fairness and whether they conflict with the use of a version of Cost Effectiveness Analysis (CEA) that calls for maximizing health benefits per dollar spent. Among the concerns addressed are whether this version of CEA ignores the concerns of the worst off and inappropriately aggregates small benefits to many people. I critically examine the views of Daniel Hausman and Peter Singer who defend this version of CEA and Eric Nord among others who criticize (...) it. I come to focus in particular on the use of CEA in allocating scarce resources to the disabled. (shrink)