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)

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 initial foundations to the notion that Cometan's grandparents, Irene Mary Taylor and Derrick Taylor, should be recognised for their life as laypeople in the Roman Catholic Church first emerged in January 2020 and October 2021 respectively. Irene Mary was well known for her devotion to Catholicism among her family and acquaintances, yet Cometan saw in her icon and life events an opportunity to reinvigorate Catholic fervour in England and abroad. In his own endeavour as a religious figure (...) and philosopher as the founder of Astronism, Cometan had made it clear that his paternal grandmother had played a large role in his religious life from infancy and so Irene Mary's Cause for Beatification was the culmination of this destined religious figureship. The Beatification Story of Irene Mary Taylor holds the responsibility of presenting Irene Mary for the recognition in the Roman Catholic Church in whichever capacity the Church deems suitable. The book explores the major remembered life events of Irene Mary Taylor, relates them to Catholic doctrine, and systematises them to form Irenianism, Irene Mary's eponymous Catholic system of thought. (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.

[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)

There is a relationship between touch and language at the heart of which lies the philosophical problem of the secret. As Derrida points out, since Aristotle touch has been qualified as ἄδηλον: secret, nocturnal, barely apparent. After some brief etymological remarks, in this article, I explore the mystery that touch represents for language through Levinas’ concept of the secret, thematizing two levels: first, that of the contemporary critique of ocularcentrism, then the level of the tactile experiences that can hardly be (...) put into words. (shrink)

What kind of reference (if any) do terms such as “pencil,” “chair,” “television,” and so on have? On the matter, a de-bate between directly referential theorists and descriptiv-ist theorists is open. It is largely acknowledged that natural kind terms (such as “water,” “gold,” “tiger,” etc.) are directly referential expressions (cf. Putnam,1975). That is, they are expressions whose reference is determined by their refer-ents' nature, independent of whether we know or will ever know what this nature is. However, it does not (...) seem like-wise convincing that all artifactual kind terms (like “pen-cil,” “chair,” “television,” etc.) semantically behave the same. Terms for artifactual kinds seem more likely to be subjected to a descriptivist view, that is, definable not by links to their extensions' nature but in terms of conjunctions or clusters of properties. In his celebrated “The Meaning of ‘Meaning’” (1975), Hilary Putnam originated the mentioned debate by arguing that artifactual kind terms also refer directly. Thus, the discussion ultimately revolves around establishing whether artifactual and natural kind terms are both directly referential expressions. The authors engaged in this debate have tried to argue in favor of (or against) Putnam's proposal by highlighting the similarities (or differences) between nat-ural vis-à-vis artifactual kind words and their respective ref-erents. This paper aims to provide a thorough and reasoned overview of the debate at stake, pointing out trends and problems associated with each proposed account. (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)

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)

During the 13th century, several logicians in the Latin medieval tradition showed a special interest in the nature of impossibility, and in the different kinds or ‘degrees’ of impossibility that could be distinguished. This discussion resulted in an analysis of the modal concept with a fineness of grain unprecedented in earlier modal accounts. Of the several divisions of the term ‘impossible’ that were offered, one became particularly relevant in connection with the debate on ars obligatoria and positio impossibilis: the distinction (...) between ‘intelligible’ and ‘unintelligible’ impossibilities. In this article, I consider some 13th-century tracts on obligations that provide an account of the relation between impossibility and intelligibility and discuss the inferential principles that are permissible when we reason from an impossible – but intelligible – premise. I also explore the way in which the 13th-century reflection on this topic survives, in a revised form, in some early 14th-century accounts of positio, namely, those of William of Ockham, Roger Swineshead and Thomas Bradwardine. (shrink)

In this paper I consider the essential role that public memory plays in the establishment and maintenance of the political arena and its space of appearance. Without this space and the shared memory that allows it to appear, Hannah Arendt argues, transience and finitude would consume the excellence of word and deed—just as the "natural ruin of time" consumes its mortal performer. The modern era displays a kind of mnemonic failure, however, a situation arising not only from technological developments that (...) "outsource" memory but from several normative breakdowns that Arendt describes as characteristic of modernity. The consequence is the individual's loss of personal, living access to the community's memories, and the community's own failure to engage in the difficult choice of what counts as worthy of preservation. In failing to ask this question, however, the community abdicates responsibility for establishing the shared norms by which it will govern itself in times of crisis. (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)

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)

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)

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)

The article goes through the critical analysis of the rawlsian concept of original position, expressed by Habermas in 1995. Habermasian remarks on the original position aim to undermine the justifiability of such a concept as fundamental to the whole political theory. In fact, it is supposed to substitute the procedures of democratic deliberation with a well thought-out construction belonging uniquely to the theoretician. According to Habermas, substantive outcomes of procedures must be left out from political theory, whose task is to (...) set a standard for the best possible procedures, meaning a democratic framework in which all opinions and beliefs take part to the decision. Rawls approves the critique since from his point of view, no procedure is able to avoid the inclusion of some substantive contents. On such assumption he twists to Habermasian theory the same remarks, observing that it avoids substantive assumptions at political level, embodying them at the epistemic one. As a result, the article raises some issues about the desirability and feasibility of both theories, even considering which interpretation of the role of political philosophy they imply. (shrink)

This essay examines the way in which the modal concept of necessity was discussed and analyzed in some eleventh- and early twelfth-century sources, such as Peter Damian’s De divina omnipotentia, Anselm of Canterbury’s Cur deus homo and several anonymous commentaries on Aristotle’s De interpretatione that were presumably composed in the first two decades of the twelfth century by logicians connected to William of Champeaux’s and Peter Abelard’s milieu. My aim is to offer a comparison of these different sources with respect (...) to their use of the Boethian distinction between two types or kinds of necessity, namely, the “absolute” or “simple” necessity that is involved in statements like “God is necessarily immortal” or “it is necessary for humans to be animals”, and the “conditional” or “temporal” necessity that is at stake when we say, for instance, that someone necessarily walks when he is walking. (shrink)

Using the KenKen puzzle may improve students’ performance in operating integers. Quasi-experimental research was conducted to determine the effectiveness of this intervention on the performance and attitude of students in a collaborative learning environment. One hundred four purposively selected Grade 7 students in Nueva Ecija served as respondents and the experimentation lasted four days following the K to 12 Learners Manual. An increase in the student’s performance was found after utilizing the KenKen puzzle, where a significant difference between the posttest (...) and pretest was recorded after the four days of utilization of the puzzle. Besides, students’ attitude toward operating integers showed positivity as it is enjoyable, interesting, challenging, and developing creativity and critical thinking. Moreover, a strong relationship was found between the students’ performance and attitude in operating integers. This suggests that the KenKen puzzle helped improve the students’ performance and attitude in operating integers in a collaborative learning environment. (shrink)

In this essay, I consider some logical treatises and commentaries from the first decades of the 12th century (many of which are still unedited) which contain a discussion on modalities and modal logic. After presenting a short catalogue of these sources and a description of their common features, I shall focus on some definitions of the modal term “necessarium” which are provided in them. As we will see, Abelard and logicians of his time advanced three different characterizations of this term: (...) necessity was either defined in terms of unavoidability (ineuitabilitas), or in terms of immutability and omnitemporality (impermutabilitas, sempiternitas), or again in terms of absolute necessity as opposed to conditioned one (necessitas absoluta vs. determinata). I argue that the temporal understanding of necessity in terms of omnitemporality, inherited from ancient sources and extensively used by Abelard and others in the first years of the twelfth-century, started to disappear in texts datable from around the 1120, perhaps due to several difficulties that were related to this definition when applied in logical contexts. I also discuss how the notion of necessitas determinata was used by Abelard’s contemporaries to qualify the modal status of present and past events, which were generally believed to be necessary only in a “weak” and harmless sense that did not prevent them from being contingent. -/- . (shrink)

Research has shown that the construction of visual representations may have a positive effect on cognitive skills, including argumentation. In this paper we present a study on learning argumentation through computer-supported argument diagramming. We specifically focus on whether students, when provided with an argument-diagramming tool, create better diagrams, are more motivated, and learn more when working with other students or on their own. We use learning analytics to evaluate a variety of student activities: pre and post questionnaires to explore motivational (...) changes; the argument diagrams created by students to evaluate richness, complexity and completion; and pre and post knowledge tests to evaluate learning gains. (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)

The paper Post-Trial Acces To Treatment (PTA) offers an insight into current corporate policies and corporate best practices relating to the provision of PTA in low and middle income countries based on company sources. In these countries there is a greater appeal for pharmaceutical companies to take responsibility for providing PTA. However, the practice of providing PTA is the exception rather than the rule.

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)

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)

At first sight, if A is all-things-considered better than B and B is all-things-considered better than C, the judgment that A is all-things-considered better than C seems to follow. This should be a straight-forward consequence of the transitivity of the \all-things-considered better than" relation. However, if we deny that transitivity is a logical axiom of those relations involving comparatives, then it might turn out that betterness is not transitive. Following Temkin's terminology, a relation R will be de ned as nontransitive (...) i either it is intransitive (i.e. aRb and bRc yet :(aRc)) or if transitivity cannot be applied, for there is no single relation R that holds between all the alternatives. More spefici cally, this could happen in a case where the obtaining of the better-than relation depends on different factors according to the nature of the relata. As a result, there are two main strategies available to question the axiom of transitivity: the rst is by providing an effective counterexample displaying cRa as well as (aRb ^ bRc), hence yielding a cycle. The second, more general way, is to show that all-things-considered betterness is a relation that conceptually involves comparison-dependent betterness relations, so that it is likely that transitivity fails to apply across different alternatives. The aim of this paper is to investigate part of the recent attack on the transitivity of better than, to conclude that there seems to be no cogent reason why this would not be a transitive relation. (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)

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)

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)

ABSTRACT This article interprets a recently recovered manuscript, Tratado de astronomía y la reformaçión del tiempo, composed by Antonio Sánchez in New Granada c.1696, in the context of the Spanish and Renaissance cosmographies. Sánchez’s Tratado proposes a spherical astronomy, in which celestial bodies – including comets — move in orbs containing pyramidal knots that explain the changing speed observed in the motion of planets. From this astronomy and following the peninsular style of repertorios, Sánchez derives two major conclusions: the corrected (...) length of the solar year and a revised birth date of Jesus. Taking as center of reference Vélez, where Sánchez was based, these claims led to conclusions in domains ranging from calendric astronomy to eschatology, including the incorporation of the indigenous peoples into salvation narrative and a demonstration of the arrangement of the celestial orbs at the Last Judgment. Sánchez’s Tratado constitutes an expansion of the Spanish mathematical cosmography that sheds light on the production of knowledge in the Spanish-American world and, at the same time, provides elements to reassess our understanding of the global circulation of Renaissance and early modern ideas. (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)

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)

Human epistemic subjects cannot but employ imperfect and limited tools to gain knowledge. Even in the seemingly simple business of acquiring knowledge of the value of a physical quantity, what the instrument reads or perception tells more often that not does not correspond to real value. However, even though both our perceptual apparatus and measuring instruments are sensible to background noise, under certain conditions, collecting more information of the same quantity using the same tools leads to an improvement of the (...) subject's epistemic condition. The aim of this paper is to formalize this intuition employing a model which extends Williamson (2013) on the arising of Gettier cases in epistemic logic. From a model where each world is univocally represented by the pair r, a defined by the real value and the apparent one, I will be considering a scenario wherein the subject has collected n appearances of the real parameter, so that each world is identified by a n + 1-tuple. On the assumptions that the n data are all independent and regarded by the subject as equally reliable, a plausible model should be able to describe three phenomena. First of all, the more coherent and closer to represent the real value the set of n appearances is, the more knowledge of the real value is gained. Secondly, the more the subject goes on acquiring "good" data, the more she knows. Thirdly, the world where the n apparent values and the real one match is the best world for the subject. Following Williamson, I shall put forth a system for multiple appearances in epistemic logic that aims at modeling these phenomena by describing the interval within which the real value is known to lie. (shrink)

Jenefer Robinson believes that feelings can play an important role in the critical evaluation of artworks. In this paper, I want to put some pressure on two important notions in her theory: emotional understanding and affective empathy. I will do this by focusing on the nature of self-conscious emotions. My strategy will be, firstly, to demonstrate the difficulty that Robinson’s two step theory of emotions has in accommodating higher cognitive emotional responses to art. Secondly, I will discuss how the tight (...) connection to the ‘self’ involved in self-conscious emotions makes it difficult to take the emotional perspective of another person as empathy requires. From here, I suggest that Peter Goldie’s feeling-towards and his critique of perspective-shifting may give a better understanding of the role of emotions in the appreciation of art, particularly in the case of reflective emotions. This issue will be explored through a discussion of the expression of autobiographical nostalgia in the work of the avant-garde filmmaker Jonas Mekas. (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)

This article considers how Portuguese cinema questions the possibility of any cinematic representation of national identity. By exposing the subjective mechanisms and the artistic construction of Manoel de Oliveira's Cristóvão Colombo, o enigma (2007), I argue that the film serves as a portrait despite being an affective landscape—what John Caspar Lavater has referred to as a physiognomic. Oliveira achieves this through the atemporal depiction of his own experience of the facts and fictions of Portuguese history. I also examine the Wagnerian (...) concept of Gesamtkunstwerk (" total art ") along with more recent conceptions of " impure cinema. ". (shrink)

Memória e identidade são conceitos frequentemente explorados por cineastas contemporâneos, nomeadamente Christopher Nolan em Memento (EUA, 2000), filme que nos propõe o tema desta reflexão. O nosso objectivo é compreender a forma como a obra entrelaça as temáticas em epígrafe, através de movimentos cruzados de criação e interpretação, recorrendo ao esboço de espaços de natureza diversa (e.g. imagéticos, diegéticos, plásticos, mnésicos, etc.) que interpelam continuamente o espectador. O filme configura o trajecto de múltiplas inscrições – da escrita da luz ao (...) traço da escrita – e estabelece um mapa possível de compreensão da relação memória/identidade/emoção. -/- . (shrink)

Many social situations require a mental model of the knowledge, beliefs, goals, and intentions of others: a Theory of Mind (ToM). If a person can reason about other people’s beliefs about his own beliefs or intentions, he is demonstrating second-order ToM reasoning. A standard task to test second-order ToM reasoning is the second-order false belief task. A different approach to investigating ToM reasoning is through its application in a strategic game. Another task that is believed to involve the application of (...) second-order ToM is the comprehension of sentences that the hearer can only understand by considering the speaker’s alternatives. In this study we tested 40 children between 8 and 10 years old and 27 adult controls on (adaptations of) the three tasks mentioned above: the false belief task, a strategic game, and a sentence comprehension task. The results show interesting differences between adults and children, between the three tasks, and between this study and previous research. (shrink)

Altruism and solidarity are concepts that are closely related to organ donation for transplantation. On the one hand, they are typically used for encouraging people to donate. On the other hand, they also underpin the regulations in force in each country to different extents. They are often used indistinctly and equivocally, despite the different ethical implications of each concept. This paper aims to clarify to what extent we can speak of altruism and solidarity in the predominant models of organ donation. (...) It also raises the ethical question of whether these categories are adequate as a basis for such models, bearing in mind that organs are a scarce resource and that a shortage of them may mean that fewer lives are saved or improved. (shrink)

Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) regarding (...) the destination of his or her organs after death. In this sense, the results constitute the first comprehensive and comparative legislative mapping on European transplantation laws. (shrink)

Although religious belief is often claimed to help with physical ailments including pain, it is unclear what psychological and neural mechanisms underlie the influence of religious belief on pain. By analogy to other top-down processes of pain modulation we hypothesized that religious belief helps believers reinterpret the emotional significance of pain, leading to emotional detachment from it. Recent findings on emotion regulation support a role for the right ventrolateral prefrontal cortex, a region also important for driving top-down pain inhibitory circuits. (...) Using functional magnetic resonance imaging in practicing Catholics and avowed atheists and agnostics during painful stimulation, here we show the existence of a context-dependent form of analgesia that was triggered by the presentation of an image with a religious content but not by the presentation of a non-religious image. As confirmed by behavioral data, contemplation of the religious image eneabled the religious group to detach themselves from the experience of pain. Critically, this context-dependent modulation of pain specifically engaged the right VLPFC, whereas group-specific preferential liking of one of the pictures was associated with activation in the ventral midbrain. We suggest that religious belief might provide a framework that allows individuals to engage known pain-regulatory brain processes. (shrink)

Many current problems surrounding science revolve around the complex epistemological framework that shapes a new vision of knowledge about reality. The traditional epistemological positions are characterized by the explanation of nature by means of concatenated facts; that is, as bricks attached to each other giving shape to the edifice of science. A conception of this nature showed that the idea of certainty was nothing more than a mere illusion, opening the way, on the contrary, to the idea of the uncertainty (...) of knowledge based on the descriptions of quantum physics, also a product of the non-reductionist conception of reality, thus criticizing the specular representation. This article addresses the main problems surrounding the critical conceptions that the emerging epistemology reveals about knowledge, pointing towards a much more complex vision of reality. (shrink)