The work of Emmanuel Levinas has been both abundantly recognized and criticized in moral philosophy. This Janus-faced attitude is also present in ecological theories, which find fertile ground in Levinas’ thought without being able to explain its apparent anthropocentrism. Opposing hermeneutical paths tend to focus either on otherness as an absolute alterity, implying a potentially unlimited responsibility for all alterities, or on otherness as a re-foundation of humanism, leading to the conclusion that responsibility is unlimited only among humans. Here I (...) seek to disentangle Levinas from these two extreme interpretations, first by reviewing ecological readings of his philosophy, in both the Francophone and Anglophone spheres, and second by analyzing specific Levinasian terms that might be particularly helpful for a non-anthropocentric or deep ecology. The main results of this investigation are a distinction between the ethics of responsibility and the ethics of vulnerability, an explanation of Levinasian compulsory or methodological humanism, and a schematic model of sensibility as enjoyment/vulnerability capable of supporting deep ecology without the traditional notions of free will, rights, or values. (shrink)

Cet article évalue, du point de vue moral, les justifications possibles pour le recours à la taxation en vue de promouvoir des comportements « sains ». L’objectif est de démontrer qu’un tel instrument recevrait une meilleure justification, c’est-à-dire plus en accord avec des principes égalitariens respectueux de la liberté individuelle, s’ils s’inscrivaient dans une logique de mutualisation. Pour ce faire, les arguments du bien-être individuel et de l’efficience sociale sont discutés afin d’en pointer les fécondités et limites. Au travers de (...) leurs limites, ces arguments introduisent naturellement à une troisième manière d’appréhender le problème, sous l’angle de la mutualisation. Ce principe représente moins une remise en cause radicale des arguments précédents qu’une reformulation du recours à l’efficience sociale et une limitation du champ d’application des appels au bien-être individuel. Il repose sur deux idées. La première est que la référence à une notion de responsabilité, même affadie, est nécessaire. De plus, celle-ci doit être conçue comme partagée entre producteurs et consommateurs ainsi que limitée au domaine financier. La seconde est que la mutualisation ne peut être déconnectée d’intuitions égalitariennes formulées de manière générale. (shrink)

Since 1968, the irreversible loss of functioning of the whole brain, called brain death, is assimilated to individual’s death. The almost universal acceptance of this neurological criterion of death had decisive consequences for the contemporary medicine, such as the withdrawal of mechanical ventilation in these patients and organ retrieval for transplantation. The new criterion was successfully accepted in part because the assimilation of brain death state to death was presented by medicine --and acritically assumed by most of societies-- as a (...) scientific and objective fact. Nevertheless, many people do not think that the patients suffering brain death are actually dead. We show here that those people are not necessarily wrong. It can be argued that, in fact, the justification of the neurological criterion is not scientific but moral. We outline the thesis that the problem surrounding the vital status of brain dead patients is due to a confusion between factual and normative questions. Furthermore, we claim that the donation of organs and the withdrawal of life-support could be ethically acceptable even if the patients suffering brain death are considered as alive. As an alternative to the dead donor rule, we propose a justification for organ donation of brain-dead patients based on the (moral) concepts of harm and consent : what truly justifies the procurement of organs on those patients is not that they are dead, but that they wish to donate their organs and that, since they have irreversibly lost their brain, they cannot be harmed. (shrink)

The radical mean suggested by Socrates in order to carry out the program of the Republic - the relegation to the fields of all inhabitants over the age of 10 - has perplexed modern commentators who have seen in it an ironical remark, a reductio ad absurdum presented in order to establish the very impossibility of Kallipolis or, on the contrary, a sign of the totalitarian and criminal character of the Platonic city. But it is far from evident, in view (...) of political or military events prior and contemporary with the redaction of the Republic, that this solution could offend the moral conscience of fourth-century Greeks. This practice even seems to be the logical consequence of a certain oligarchic or aristocratic ideology, common by the end of the 5th c. and at the beginning of the 4th c., which associated, on the one hand, rural organization with the ‘best regime’ and, on the other, urban centralisation with democracy. The actual practices of the Lacedaemonian city, which maintained its primitive organization in komai, and even tried to impose it to other cities, could also serve as a model for the opponents of Athenian democracy. All of Plato's political models, from the Republic to the Laws, present cities whose essential, if not exclusive, productive activity is agriculture. The displacement of the population to the countryside seems, from this perspective, a rather serious proposal of the philosopher. * * Agradezco a Héctor Zagal y a María-Elena García-Peláez por sus observaciones y sugerencias al texto en español. (shrink)

Revelación y religiones es el título del libro editado por Xavier Morlans i Molina, publicado en el 2016 por la editorial Herder. De manera sencilla y sin recargar los capítulos de información sobre las religiones tratadas, los autores se abocan a la misión de buscaranalogías y diferencias de la idea de revelación en dichas tradiciones. El orden que tiene el libro es cronológico, es decir, según la aparición histórica de cada tradición religiosa.

In 1893, three young men in their early twenties, Xavier Léon, Élie Halévy and Léon Brunschvicg, founded the Revue de métaphysique et de morale. This article explores the motives of this endeavour, and how they made the journal the centre of three great scientific enterprises: in 1894 they promoted the edition of Descartes’s Œuvres completes; in 1900, they organized the first international congress of philosophy in Paris; in 1901, they founded the Societé française de philosophie.

An early modern scholastic conception of moral possibility helps make sense of Descartes's own perplexing use of that concept and solves the exegetical puzzles surrounding Descartes's conflicting remarks about free will.

Sumário: 1. El caso del método científico, Alberto Oliva; 2. Un capítulo de la prehistoria de las ciencias humanas: la defensa por Vico de la tópica, Jorge Alberto Molina; 3. La figura de lo cognoscible y los mundos, Pablo Vélez León; 4. Lebenswelt de Husserl y las neurociencias, Vanessa Fontana; 5. El uso estético del concepto de mundos posibles, Jairo Dias Carvalho; 6. Realismo normativo no naturalista y mundos morales imposibles, Alcino Eduardo Bonella; 7. En la lógica de (...) pragmatismo, Hércules de Araujo Feitosa, Luiz Henrique da Cruz Silvestrini; 8 La lógica, el tiempo y el lenguaje natural: un sistema formal para tiempos de portugués, Carlos Luciano Manholi. / Temas em filosofia contemporânea II / Jonas Rafael Becker Arenhart, Jaimir Conte, Cezar Augusto Mortari (orgs.) – Florianópolis : NEL/UFSC, 2016. 167 p. : tabs. - (Rumos da epistemologia ; v. 14); ISBN 978-85-87253-27-9 (papel); ISBN 978-85-87253-26-2 (e-book). (shrink)

Laura Specker Sullivan (2022) makes a fairly compelling case for the value of the perspectives of Buddhist practitioners in neuroethics. In this study, Tibetan Buddhist monks have been asked, among other things, whether consciousness, in brain-injured patients in a minimally conscious state, entails a duty to preserve life. In our view, some of the participants’ responses could be used to inform the bioethical debate on death determination.

The Uniform Determination of Death Act (UDDA) provides that “an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the (...) other, what matters is the cessation of both spontaneous and artificially supported functions. Because each UDDA criterion uses a different interpretation, the law is conceptually inconsistent. A single consistent interpretation would lead to the conclusion that conscious individuals whose respiratory and circulatory functions are artificially supported are actually dead, or that individuals whose brain is entirely and irreversibly destroyed may be alive. We explore solutions to mitigate the inconsistency. (shrink)

Background: Several countries have recently changed their model of consent for organ donation from opt-in to opt-out. We undertook a systematic review to determine public knowledge and attitudes towards these models in Europe. Methods: Six databases were explored between 1 January 2008 and 15 December 2017. We selected empirical studies addressing either knowledge or attitudes towards the systems of consent for deceased organ donation by lay people in Europe, including students. Study selection, data extraction, and quality assessment were conducted by (...) two or more reviewers independently. Findings: Awareness of the consent model was lower in opt-out countries than in opt-in countries. A majority of the public agrees with opt-in, regardless of the law in their own country. There are ambivalent attitudes regarding the opt-out system. The public tend to prefer opt-in and mandatory choice over opt-out when several options are offered. Interpretation: The assumption that people in opt-out countries are aware of the legal requirements to be excluded from the pool of potential donors is not supported by the results of this review. This is a concern, since ignorance hinders people's autonomy regarding organ donation decision-making. Higher awareness of consent model in opt-in countries may reflect greater efforts to inform the public through campaigns to motivate donation. Legal moves towards opt-out are at odds with people's expressed preferences. Main limitations of this review are the lack of data from some countries, study population heterogeneity, and methodological shortcomings. (shrink)

As touch remains commonly defined by the closeness it physically implies and it rhetorically evokes, the mere notion of distant touch and of distal haptic perception seems peculiar. But Aristotle’s perspective, which I wish to take as a point of departure, is firm: we perceive the objects of touch, the hot and the cold, the hard and the soft, the curved and the sharp, through other things: δι' ἑτέρων. In this article, I would like to explore this ἕτερος by showing (...) how the otherness of perception always implies an intermediary, a middle point (μέσος), i.e. an other not so other, an other that is able to translate the much more distant otherness of the perceived object. To explore these forgotten layers of alterity that fall into what we commonly conceive of as the impalpable emptiness of distance, I propose to study the idea of distant touch from the perspective of phenomenological aesthetics. In order to do so, I will first examine some aspects of the Husserlian account of perception and will then focus on the phenomenology of distant touch in Alejandra Costamagna’s novel El Sistema del Tacto [The System of Touch] (2018). (shrink)

Is the boundary between the normal and the pathological real or fiction? Are health and disease just a matter of fact or are they value-laden? Here we present some examples of how alleged diseases can be invented and propagated by the industry (disease mongering) or by the methodology of medical science itself. We show that the boundary between health and disease is blurred and depends on individual and social representations, culture relative ways of categorising things and people, and by the (...) society’s degree of medicalisation. However, we do not mean that it is not real, rather that it is more complex than expected, as the subjectivity of social constructions and individual experiences makes them no less real. Finally, we conclude that health and disease belong to both objective and subjective kinds of reality, so the fictional can be real. (shrink)

BackgroundViral pandemics present a range of ethical challenges for policy makers, not the least among which are difficult decisions about how to allocate scarce healthcare resources. One important question is whether healthcare workers should receive priority access to a vaccine in the event that an effective vaccine becomes available. This question is especially relevant in the coronavirus pandemic with governments and health authorities currently facing questions of distribution of COVID-19 vaccines.Main textIn this article, we critically evaluate the most common ethical (...) arguments for granting healthcare workers priority access to a vaccine. We review the existing literature on this topic, and analyse both deontological and utilitarian arguments in favour of HCW prioritisation. For illustrative purposes, we focus in particular on the distribution of a COVID-19 vaccine. We also explore some practical complexities attendant on arguments in favour of HCW prioritisation.ConclusionsWe argue that there are deontological and utilitarian cases for prioritising HCWs. Indeed, the widely held view that we should prioritise HCWs represents an example of ethical convergence. Complexities arise, however, when considering who should be included in the category of HCW, and who else should receive priority in addition to HCWs. (shrink)

50 years after its introduction, brain death remains controversial among scholars. The debates focus on one question: is brain death a good criterion for determining death? This question has been answered from various perspectives: medical, metaphysical, ethical, and legal or political. Most authors either defend the criterion as it is, propose some minor or major revisions, or advocate abandoning it and finding better solutions to the problems that brain death was intended to solve when it was introduced. Here I plead (...) for a different approach that has been overlooked in the literature: the philosophy of science approach. Some scholars claim that human death is a matter of fact, a biological phenomenon whose occurrence can be determined empirically, based on science. We should take this claim seriously, whether we agree with it or not. The question is: how do we know that human death is a scientific matter of fact? Taking the philosophy of science approach means, among other things, examining how the determination of human death became an object of scientific inquiry, exploring the nature of the brain death criterion itself, and analysing the meaning of its core concepts such as “irreversibility” and “functions”. (shrink)

This dissertation focuses on teleology and functions in biology. More precisely, it focuses on the scientific legitimacy of teleofunctional attributions and explanations in biology. It belongs to a multi-faceted debate that can be traced back to at least the 1970s. One aspect of the debate concerns the naturalization of functions. Most authors try to reduce, translate or explain functions and teleology in terms of efficient causes so that they find their place in the framework of the natural sciences. Our approach (...) here is radically different, as we question the premise that teleological explanations are disguised causal explanations. On the contrary, we defend that they are acceptable in natural sciences and in biology in particular. We challenge the idea that teleological explanations are immature causal explanations, as well as the idea that teleology and functions are some sort of intentional explanations. We therefore reject the accusations of anthropomorphism, vitalism and finalism. On the contrary, we defend that teleology, causality and intentionality correspond to different, autonomous and complementary modes of representation of the outside world. -/- ———[FRANÇAIS]——— -/- Ce travail de thèse porte sur la téléologie et les fonctions en biologie. Plus précisément, il porte sur la légitimité scientifique des attributions et des explications téléofonctionnelles en biologie. Il s’inscrit dans le cadre d’un débat à plusieurs facettes que l’on peut faire remonter au moins jusqu’aux années 1970 et qui est encore très actif aujourd’hui. L’un des aspects du débat porte sur la naturalisation des fonctions, c’est-à-dire sur la manière de les réduire, de les traduire ou de les expliciter en termes de causes efficientes de sorte qu’elles trouvent leur place dans le cadre des sciences de la nature. Notre approche ici est radicalement différente, car nous remettons en question la prémisse selon laquelle les explications téléologiques seraient des explications causales déguisées. Nous défendons au contraire qu’elles sont acceptables en tant que telles aussi bien de façon générale que dans le domaine scientifique et en particulier en biologie. De façon générale, nous remettons en question l’idée selon laquelle la pensée téléologique serait une pensée causale immature, ainsi que sa dépendance présumée vis-à-vis de la psychologie, c’est-à-dire de l’intentionnalité. Nous rejetons donc les accusations d’anthropomorphisme, de vitalisme et de finalisme formulées contre elle. Nous défendons au contraire que la téléologie, la causalité et l’intentionnalité correspondent à des modes différents, autonomes et complémentaires de représentation du monde extérieur. (shrink)

Objectives To increase postmortem organ donation rates, several countries are adopting an opt-out (presumed consent) policy, meaning that individuals are deemed donors unless they expressly refused so. Although opt-out countries tend to have higher donation rates, there is no conclusive evidence that this is caused by the policy itself. The main objective of this study is to better assess the direct impact of consent policy defaults per se on deceased organ recovery rates when considering the role of the family in (...) the decision-making process. This study does not take into account any indirect effects of defaults, such as potential psychological and behavioural effects on individuals and their relatives. -/- Design Based on previous work regarding consent policies, we created a conceptual model of the decision-making process for deceased organ recovery that included any scenario that could be directly influenced by opt-in or opt-out policies. We then applied this model to internationally published data of the consent process to determine how frequently policy defaults could apply. -/- Main outcome measures We measure the direct impact that opt-in and opt-out policies have per se on deceased organ recovery. -/- Results Our analysis shows that opt-in and opt-out have strictly identical outcomes in eight out of nine situations. They only differ when neither the deceased nor the family have expressed a preference and defaults therefore apply. The direct impact of consent policy defaults is typically circumscribed to a range of 0%–5% of all opportunities for organ recovery. Our study also shows that the intervention of the family improves organ retrieval under opt-in but hinders it under opt-out. -/- Conclusions This study may warn policy makers that, by emphasising the need to introduce presumed consent to increase organ recovery rates, they might be overestimating the influence of the default and underestimating the power granted to families. (shrink)

The classification of preserved hypothalamic activity in brain death and brainstem death as functional or non-functional has become a subject of debate. While proponents of the neurological criterion claim that these activities lack functional significance (Shemie et al. 2014), Nair-Collins and Joffe (2023) argue for their functional physiological role. However, the interpretation of the term "function" within the medico-legal framework, where death is characterized by the irreversible cessation of all brain functions, remains unclear. -/- My intention here is not to (...) engage in a debate over the validity of different viewpoints regarding the functional significance of preserved activities in the hypothalamus or the heart. Rather, I aim to highlight the critical importance of exploring and defining the concept of function in medicine, which currently lacks clarity. My point is that, whatever our position in the brain death debate, reaching a consensus on this conceptual matter would minimize misunderstandings and establish a robust foundation for further insightful analysis. (shrink)

Alireza Bagheri supports a policy on organ procurement where individuals could choose their own definition of death between two or more socially accepted alternatives. First, we claim that such a policy, without any criterion to distinguish accepted from acceptable definitions, easily leads to the slippery slope that Bagheri tries to avoid. Second, we suggest that a public discussion about the circumstances under which the dead donor rule could be violated is more productive of social trust than constantly moving the line (...) between life and death. (shrink)

The European project European and Latin American Systems of Ethics Regulation of Biomedical Research Project (EULABOR) has carried out the first comparative analysis of ethics regulation systems for biomedical research in seven countries in Europe and Latin America, evaluating their roles in the protection of human subjects. We developed a conceptual and methodological framework defining ‘ethics regulation system for biomedical research’ as a set of actors, institutions, codes and laws involved in overseeing the ethics of biomedical research on humans. This (...) framework allowed us to develop comprehensive national reports by conducting semi-structured interviews to key informants. These reports were summarised and analysed in a comparative analysis. The study showed that the regulatory framework for clinical research in these countries differ in scope. It showed that despite the different political contexts, actors involved and motivations for creating the regulation, in most of the studied countries it was the government who took the lead in setting up the system. The study also showed that Europe and Latin America are similar regarding national bodies and research ethics committees, but the Brazilian system has strong and noteworthy specificities. (shrink)

Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and data collection (...) were performed by two or more independent reviewers for each record. -/- Results: Of the 1482 results, 467 studies were assessed in full-text form, and 33 were included in this synthesis. When the deceased has not expressed any preference, a majority of the public support the family's role as a surrogate decision-maker. When the deceased expressly consented, the respondents' answers depend on whether they see themselves as potential donors or as a deceased's next-of-kin. Answers also depend on the relationship between the deceased and the decision-maker(s) within the family, and on their ethnic or cultural background. -/- Conclusions: Public views on the authority of the family in organ donation decision-making require further research. A common conceptual framework and validated well-designed questionnaires are needed for future studies. The findings should be considered in the development of Government policy and guidance regarding the role of families in deceased organ donation. (shrink)

This article examines the British colonial theft of Indigenous sovereignty and the particular obstacles that it presents to establishing just social relations between the colonizer and the colonized in settler states. In the first half, I argue that the particular nature of the crime of sovereign theft makes apologies and reparations unsuitable policy tools for reconciliation because Settler societies owe their very existence to the abrogation of Indigenous sovereignties. Instead, Settler states ought to return sovereignty to the land’s Indigenous peoples. (...) In the second half of this paper, I take up some of the practical questions of how this might be done and anticipate a number of objections. Giving up sovereignty would not mean dispossessing the millions of colonists who currently reside in these countries of their homes and property – but it does mean rethinking the constitutional makeup of a country and how that serves to benefit the different peoples who make their homes there. (shrink)

[ENGLISH] This article discusses the potential of synthetic biology to address fundamental questions in the philosophy of biology regarding the nature of life and biological functions. Synthetic biology aims to reduce living organisms to their simplest forms by identifying the minimal components of a cell and also to create novel life forms through genetic reprogramming, biobrick assembly, or novel proteins. However, the technical success of these endeavors does not guarantee their conceptual success in defining life. There is a lack of (...) consensus among researchers on how to define and classify the entities produced in the lab, whether they should be considered living or categorized differently. The criteria for minimal cells and minimal life are subject to arbitrary choices and varying interpretations. The concept of function, crucial to synthetic biology, is also difficult to define. The article highlights the need to consider the minimal set of functions that characterize life before determining the smallest genomes that code for those functions. The arbitrary nature of defining both life and function complicates the understanding and classification of these entities. The article suggests that the traditional dichotomy between the living and the non-living may no longer be valid and that the concept of life itself may not require precise scientific definition. As synthetic biology advances, the article emphasizes the importance of redefining or constructing new categories to encompass the expanding possibilities and creations in the field. The ability to create new life forms raises questions about recognition, identification, and ethical implications, requiring a conceptual and philosophical engagement beyond the technical achievements of synthetic biology. -/- [FRENCH] L'article aborde le potentiel de la biologie synthétique pour répondre à des questions fondamentales de la philosophie de la biologie concernant la nature de la vie et des fonctions biologiques. La biologie synthétique vise à réduire les organismes vivants à leurs formes les plus simples en identifiant les composants minimaux d'une cellule et à créer de nouvelles formes de vie grâce à la reprogrammation génétique, à l'assemblage de biobriques ou à des protéines nouvelles. Cependant, le succès technique de ces approches ne garantit pas leur réussite conceptuelle dans la définition de la vie. Il n'y a pas de consensus parmi les chercheurs sur la façon de définir et de classer les entités produites en laboratoire, qu'elles doivent être considérées comme vivantes ou catégorisées différemment. Les critères des cellules minimales et de la vie minimale sont soumis à des choix arbitraires et à des interprétations variables. La notion de fonction, essentielle en biologie synthétique, est également difficile à définir. L'article met en évidence la nécessité de prendre en compte l'ensemble minimal de fonctions qui caractérisent la vie avant de déterminer les plus petits génomes qui codent ces fonctions. La nature arbitraire de la définition de la vie et de la fonction complique la compréhension et la classification de ces entités. L'article suggère que la dichotomie traditionnelle entre le vivant et le non-vivant pourrait ne plus être valable et que le concept même de vie ne nécessite pas une définition scientifique précise. À mesure que la biologie synthétique progresse, l'article souligne l'importance de redéfinir ou de construire de nouvelles catégories pour englober les possibilités et créations croissantes dans le domaine. La capacité à créer de nouvelles formes de vie soulève des questions de reconnaissance, d'identification et d'implications éthiques, nécessitant une réflexion conceptuelle et philosophique au-delà des avancées techniques de la biologie synthétique. (shrink)

Finality, design and purpose have started to be excluded from the language of the natural sciences since the XVIIth century. Darwin succeeded in excluding them from his theory of evolution appealing to a blind and mechanical natural selection. Today, the most usual definitions for the concept of biological function take for granted that functions: 1) are not dependent on a goal; 2) are not dependent on observers, but only on nature; 3) are explicable in causal terms, either with reference to (...) the causal history of the organ (etiological definition), or with reference to its present structure and causal capabilities (dispositional definition). However, we shall see that such presuppositions cannot take into account the normative character of the concept of biological function. We show that a generalization of the concept of scientific objectivity lets us affirm that functions: 1’) are dependent on a goal; 2’) are dependent on both observers and nature; 3’) cannot be reduced to causality, nor break the laws of physics; and yet, 4) are truly objective. (shrink)

The Pastoral Constitution, Gaudium et Spes, is a key document for fundamental theology. In it, for the first time, the Church openly discusses the anthropological question as a specific theme. It explains what Christian anthropology is and in what way the mystery of Christ sheds light on the mystery of man. From the point of view of fundamental theology, the document shows how theological reason is closely related to anthropological meaning. It takes note of the potential mediatory role of anthropology (...) in a dialogue between faith and reason in the modern world. (shrink)

In this paper, I show that Polleit and Mariano (2011) are right in concluding that Credit Default Swaps (CDS) are per se unobjectionable from Rothbard’s libertarian perspective on property rights and contract theory, but that they fail to derive this conclusion properly. I therefore outline the proper explanation. In addition, though Polleit and Mariano are correct in pointing out that speculation with CDS can conceivably hurt the borrowers’ interests, they fail to grasp that this can be the case only in (...) some peculiar circumstances that I identify. In other words, they miss the bigger picture, the one outside special circumstances, in which CDS trading has the opposite effect. That is, CDS facilitate debt accumulation, including government debt accumulation. Finally, I point out how this can precipitate the collapse of fiat money regimes. An incidental goal of the analysis is to provide a better account than Polleit and Mariano of recent government interventions in and around CDS markets. (shrink)

A comparaison between classical cavalier persepective and what really we see, called "natural perspective. A simple mathematical analysis is added.

In this paper we present a new framework of idealization in biology. We characterize idealizations as a network of counterfactual and hypothetical conditionals that can exhibit different “degrees of contingency”. We use this idea to say that, in departing more or less from the actual world, idealizations can serve numerous epistemic, methodological or heuristic purposes within scientific research. We defend that, in part, this structure explains why idealizations, despite being deformations of reality, are so successful in scientific practice. For illustrative (...) purposes, we provide an example from population genetics, the Wright-Fisher Model. (shrink)

This thesis is a sceptical investigation into the notion that the metaphorical wave-particle binary of Virginia Woolf's To the Lighthouse is related to quantum physics. Indeed, the field of literature and science has employed conceptual similarities as the main means of connecting quantum concepts to novels, however, this has led to a host of scholarly difficulties, prompting the need for a re-examination of analogical linkages. Woolf is the model candidate for such a re-examination, given her historical and philosophical proximity with (...) the developments of quantum mechanics. To the Lighthouse, in particular, was written between 1925 and 1927: precisely when quantum physicists were attempting to resolve the wave-particle duality, leading to Niels Bohr's complementarity. This parallel has been noted by researchers as relevant to the novel, as it too displays a general binary that can be read as wave-particle-like, which the author also attempts to resolve along similar philosophical lines. Nevertheless, other than proximity and similarity, there are no reasons to affirm that the science is related to the novel; hence, it is an ideal case study to examine in order to ascertain the value of conceptual similarities in literature and science. To do so, To the Lighthouse's binary and its resolution are interpreted in a thesis-long close reading, in order to compare aspects of it firstly to Woolf's personal thought, and secondly to various non-quantum intellectual contexts that preceded and surrounded her. In doing so, it becomes clear not only that invoking quantum physics serves no clear purpose in better understanding the novel, but also that the notion of resolving wave- particle-like binaries was a widespread philosophical procedure at the turn of the century, decades before Bohr's concept. This negative conclusion interrogates what the scholarly value of interpreting similarities is, though a hypothetical solution can be found in conceptual metaphor theory. (shrink)

The aim of the paper is to analyze the expressive power of the square operator of Łukasiewicz logic: ∗x=x⊙x⁠, where ⊙ is the strong Łukasiewicz conjunction. In particular, we aim at understanding and characterizing those cases in which the square operator is enough to construct a finite MV-chain from a finite totally ordered set endowed with an involutive negation. The first of our main results shows that, indeed, the whole structure of MV-chain can be reconstructed from the involution and the (...) Łukasiewicz square operator if and only if the obtained structure has only trivial subalgebras and, equivalently, if and only if the cardinality of the starting chain is of the form n+1 where n belongs to a class of prime numbers that we fully characterize. Secondly, we axiomatize the algebraizable matrix logic whose semantics is given by the variety generated by a finite totally ordered set endowed with an involutive negation and Łukasiewicz square operator. Finally, we propose an alternative way to account for Łukasiewicz square operator on involutive Gödel chains. In this setting, we show that such an operator can be captured by a rather intuitive set of equations. (shrink)

The counter majoritarian difficulty is one of the main objections against the judicial review. In this paper, this objection is analyzed from the standpoint of the norm formulation/norm distinction. By stressing the distinc- tion between norm formulations and norms, I claim that when judicial review prevents the application of a norm to an individual case the counter majoritarian difficulty objection does not hold.

This paper puts forward three critiques of pardo’s second-order proof rules thesis. The first criticism states that these rules are not suitable to guide the interpretation of standards of proof rules because they confuse matters of legal interpretation with matters of epistemology. The second criticism states that second-order proof rules are affected by the same indeterminacy problems they are designed to resolve, thereby rendering them unsuitable for the task they are purposely designed for. The third criticism renders pardo’s proposal redundant. (...) a reconceptualization of second-order proof rules is offered. (shrink)

In the field of Evidence Law the relation between truth and law has been a somewhat non- debated topic in the past years. It is a given that such a connection exists and, it is understood as the notion of the ascertainment of the truth of disputed questions of fact through legal evidence. The thesis that I have reconstructed in this paper has been presented by Prof. Jordi Ferrer who grounds the connection between truth and law in the role of (...) the legal system as a tool for guiding the behavior of the governed. I call this thesis the theory of the structural clause of truth. In this paper I shall present a possible reconstruction of this theory, I shall raise two objections against it and I shall present five possible interpretations of the relation between truth and law. (shrink)

In most jurisdictions where euthanasia is legal, patients seeking euthanasia need to seek out the approval of their request from two clinicians (one of who is a psychiatrist). These doctors are required to assess whether euthanasia is ‘appropriate’ for the patient in question. In this paper I claim that doctors qua doctors are not qualified (or, at least, not typically) to evaluate suffering of an existential kind, and consequently they are not qualified to 'evaluate' the requests of patients seeking euthanasia. (...) Importantly, this argument is only focused on patients who are seeking euthanasia on account of acute suffering. To defend my central thesis, I discuss the limits of the professional expertise of clinicians, in addition to considering the nature of suffering experienced by patients requesting euthanasia (which is, typically, a combination of physiological, psychological and existential suffering). (shrink)

Families play an essential role in deceased organ procurement. As the person cannot directly communicate his or her wishes regarding donation, the family is often the only source of information regarding consent or refusal. We provide a systematic description and analysis of the different roles the family can play, and actions the family can take, in the organ procurement process across different jurisdictions and consent systems. First, families can inform or update healthcare professionals about a person’s donation wishes. Second, families (...) can authorize organ procurement in the absence of deceased’s preferences and the default is not to remove organs, and oppose donation where there is no evidence of preference but the default is to presume consent; in both cases, the decision could be based on their own wishes or what they think the deceased would have wanted. Finally, families can overrule the known wishes of the deceased, which can mean preventing donation, or permitting donation when the deceased refused it. We propose a schema of 4 levels on which to map these possible family roles: no role, witness, surrogate, and full decisional authority. We conclude by mapping different jurisdictions onto this schema to provide a more comprehensive understanding of the consent system for organ donation and some important nuances about the role of families. This classificatory model aims to account for the majority of the world’s consent systems. It provides conceptual and methodological guidance that can be useful to researchers, professionals, and policymakers involved in organ procurement. (shrink)

Background Consent policies for post-mortem organ procurement (OP) vary throughout Europe, and yet no studies have empirically evaluated the ethical implications of contrasting consent models. To fill this gap, we introduce a novel indicator of governance quality based on the ideal of informed support, and examine national differences on this measure through a quantitative survey of OP policy informedness and preferences in seven European countries. -/- Methods Between 2017–2019, we conducted a convenience sample survey of students (n = 2006) in (...) Austria (AT), Belgium (BE), Denmark (DK), Germany (DE), Greece (GR), Slovenia (SI) and Spain (ES), asking participants about their donation preferences, as well as their beliefs and views about the policy in place. From these measures, we computed indices of informedness, policy support, and fulfilment of unexpressed preferences, which we compared across countries and consent systems. -/- Results Our study introduces a tool for analyzing policy governance in the context of OP. Wide variation in policy awareness was observed: Most respondents in DK, DE, AT and BE correctly identified the policy in place, while those in SI, GR and ES did not. Respondents in opt-out countries (AT, BE, ES and GR) tended to support the policy in place (with one exception, i.e., SI), whereas those in opt-in countries (DE and DK) overwhelmingly opposed it. These results reveal stark differences in governance quality across countries and consent policies: We found a preponderance of informed opposition in opt-in countries and a general tendency towards support–either informed or uninformed–in opt-out countries. We also found informed divergence in opt-in countries and a tendency for convergence–either informed or uninformed–among opt-out countries. -/- Conclusion Our study offers a novel tool for analyzing governance quality and illustrates, in the context of OP, how the strengths and weaknesses of different policy implementations can be estimated and compared using quantitative survey data. (shrink)

L’article introduit au rôle de l’efficience dans la génération d’avantages ou de désavantages enregistrés par les minorités. L’objectif est de démontrer que l’efficience devrait jouer un rôle plus important dans le domaine de la justice ethnoculturelle. Pour ce faire, une brève présentation de la place du nombre dans la littérature sur le sujet est offerte, ce qui permet de saisir le fond de l’argument consistant à faire des déséquilibres numériques une source certaine des injustices subies par les minorités, notamment dans (...) une perspective inspirée par l’égalitarisme de la chance. De ce point de vue, l’asymétrie numérique peut toutefois constituer une source d’avantages pour ces groupes. Dès lors, une telle asymétrie, qui est l’un des constituants de la définition de la minorité, prend une autre dimension. Plus que cette asymétrie, il apparaît que c’est l’efficience (la manière dont les groupes gèrent cette asymétrie) qui détermine les conditions et succès matériels des membres d’un groupe donné. Après une discussion des minorités efficientes et dominantes, l’article se conclut par la mise en lumière de quelques pistes de recherche rendues visibles par l’efficience et qui sont pertinentes pour la théorie de la justice en contexte multiculturel. (shrink)