Contra recent, inflationary views, the paper submits a deflationary approach to legal ontology. It argues, in particular, that to answer ontological questions about legal entities, we only need conceptual analysis and empirical investigation. In developing this proposal, it follows Amie Thomasson’s ‘easy ontology’ and her strategy for answering whether ordinary objects exist. The purpose of this is to advance a theory that, on the one hand, does not fall prey to sceptical views about legal reality (viz., that ontological truths about (...) legal entities are established by metaphysical principles); and, on the other, is compatible with common-sense jurisprudence (viz., that there in fact exist legal entities, and they all have important practical implications). While this methodology is common to legal philosophers interested in elucidating the ‘artifactual nature’ of law, the paper departs from their projects by taking a step forward in connecting this deflationary approach to legal ontology with an expressivist account of legal discourse, thus providing enough resources to satisfy the general ambition of jurisprudence, viz., to establish the conditions for the analysis of legal reality and its normative character. (shrink)

Following Tuomela, I argue that institutions consist in institutional activities conducive to the realisation (or “satisfaction”) of institutional activity types. Since this realisation is carried out by institutional groups, our having an answer to 'what are institutional groups?' is a necessary step towards a better understanding of what institutions are and how we create them. In this chapter, I offer an answer to this question.

In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over immigration by showing both how (...) ethical limits on enforcement circumscribe the options legitimate states have in determining their immigration policy and how all immigrants (including undocumented immigrants) are entitled to certain protections against a state’s enforcement apparatus. (shrink)

Este trabajo pretende mostrar las líneas generales de la propuesta humeana de una teoría de la evolución de las instituciones en clave utilitarista; en segundo lugar, analizará la objeción interna a esta teoría que supone la existencia de posibles sujetos no cooperadores pero inteligentes, en tercer lugar, intentará también defender dicha teoría de la acusación externa de no tener un auténtico carácter normativo; y al no haber desarrollado el propio Hume con detalle su contestación al problema del conflicto Moral/Racionalidad, tal (...) y como surge en el contexto de su discusión de la Knavery, finalmente, y en cuarto lugar, este trabajo, yendo en un cierto sentido algo más allá de lo propuesto por Hume, ensayará un argumento post-humeano en torno a ese conflicto, basado, por una parte, en el reconocimiento de la multidimensionalidad de la Moral, así como en la paralela aceptación de la necesidad de un ajuste contextual de ésta, asentado sobre consideraciones primaria, que no exclusivamente, utilitaristas. (shrink)

Education is essential to life, and the epidemic affected everything. Parents want to get their kids the most important teaching. However, since COVID-19 has affected schools and other institutions, providing education has become the most significant issue. Online learning pedagogy uses technology to provide high-quality learning environments for student-centered learning. Further, this study explores the experiences and challenges faced by Filipino tertiary students regarding the lack of gadgets amidst online learning. Employing the Interpretative Phenomenological Analysis, the findings of this study (...) were: Some college students still have difficulty with online learning. Attending online classes is difficult, especially for students with limited resources. Smartphones, other gadgets, and internet connections play a significant role in online classrooms because they are the ones that students utilize while learning online, which is essential for successful participation in online higher education as well as for solving a variety of other difficulties in the new normal. Further, College students face similar health challenges. Having an online learning setup is not just about students' struggles with learning resources but also about their health issues. When our respondents used their smartphones for an extended period, they reported eye aches and blurred vision. They also said that some of their body parts, such as their legs and back, are aching, and feel pressured because they tend to overthink things in their surroundings, which causes them incredible difficulty in performing their best in attending online classes. Even though college students continue to suffer from a lack of learning resources during online sessions, they do their best to manage their needs and the scarcity of learning resources. Students have unique coping methods for dealing with difficulties in online classes. (shrink)

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...) of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

This article aims to review the standard objections to dualism and to argue that will either fail to convince someone committed to dualism or are flawed on independent grounds. I begin by presenting the taxonomy of metaphysical positions on concrete particulars as they relate to the dispute between materialists and dualists, and in particular substance dualism is defined. In the first section, several kinds of substance dualism are distinguished and the relevant varieties of this kind of dualism are selected. The (...) remaining sections are analyses of the standard objections to substance dualism : It is uninformative, has troubles accounting for soul individuation, causal pairing and interaction, violates laws of physics, is made implausible by the development of neuroscience and it postulates entities beyond necessity. I conclude that none of these objections is successful. (shrink)

In the attempt of defending an interpretation of David Hume's moral and political philosophy connected to classical utilitarianism, intervenes in a key way the so called problem of the " Sensitive Knave " raised by this author at the end of his more utilitarian work, the Enquiry Concerning the Principles of Morals. According to the classic interpretation of this fragment, the utilitarian rationality in politics would clash with morality turning useless the latter. Therefore, in the political area the defense of (...) a moral utilitarianism would be an auto contradictory task. In order to show that, first, Hume does not say anything similar to this and second, that even indicates the way of overcoming this apparent contradiction between morality and rationality, we analyze briefly the arguments from which there comes basically this "anti-utilitarian" standard interpretation, and we defend an interpretation of the humean discussion on the problem of the supposed conflict between morality and rationality, or of rational incentives for immoral behavior, which allows to explain better Hume's position on this problem. Finally, we propose an instance of overcoming the contradiction morality/ rationality by a rule adjusted utilitarianism centered on the idea of the "progressive development of artificial institutions of reinforcement of morality", that Hume himself would suggest in other places in which he approaches the topic of the apparent contradiction between "morality" and "knavery". We propose also possible lines of future development of this idea, between them its use to clarify the relation of David Hume's thought with certain forms of contemporary liberalism. (shrink)

The present paper tries to answer the question _Is religious education compatible with the purposes of liberal education?_ This work argues that it is possible, and desirable, that democratic states built on liberal ideals include religious education in all schools since increasing the number of options among which the future citizen may choose the conception of the good with which he or she wishes to live is a condition for autonomy as one of its educational purposes. However, the proposal is (...) not based on religious confessional education, which by itself does not satisfy the liberal educational goals, but is redefined from the common noahide principles compatible both religious confessions and non-religious views of morality and citizenship. (shrink)

James Shaw has written an excellent book on Wittgenstein’s rule-following considerations. It manages to provide fresh perspectives on a topic on which it seemed.

Freud uses paradoxical and conflictual rhetoric to create an unstable and conflictual picture of the mind. Thus he diverges from both dominant traditions of thought in the West: the Judeo-Christian way of filling all gaps in meaning by putting a single omnipotent divinity in charge of them, and the Enlightenment quest for a final, causal language to describe reality. By both suggesting and displacing a plurality of perspectives on the unconscious, Freud’s text mirrors what it claims happens in our minds, (...) in which unconscious impulses undermine the pretense of total rational self-control. Though Freud suggests that a mechanistic description of the mind may bring us nearer to the reality of the unconscious, he also explains that this reality will remain dark. He not only develops an ostensibly mechanistic vocabulary for unconscious mental processes, but also clarifies that his terminology is most fictional precisely when it seems most scientific. Hence, Freud’s science of the unconscious cannot be assimilated to an empiricist position; its philosophical underpinnings are both Kantian and Nietzschean, with metaphors and analogies playing a crucial role. Two dramatic images, in which the mind appears as a domain of warring gods and a realm of political conflict, demonstrate that Freud did not regard the unconscious as some kind of true inner self. He depicts the mind in general and the unconscious in particular as a pagan, conflictual universe over which no god or goddess can gain exclusive control and where no rigid dictatorship is possible. (shrink)

The ArgumentThis essay examines Freud's construction of a mythical moment during early childhood, in which differences between male and female sexual identities are said to originate. It focuses on the way in which Freud divides fear and envy between the sexes, allocating the emotion of fear to men, and that of envy to women. On the one hand, the problems of this construction are pointed out, but on the other hand, it is shown that even a much-maligned myth may still (...) provide food for thought.Then, four critiques of Freud which have been articulated by prominent feminist psychoanalysts – Karen Horney, Nancy Chodorow, Luce Irigaray, and Jessica Benjamin – are presented, as well as the alternative visions of sexual identities which these thinkers have developed. The basic metaphors or economies guiding these visions of sexual difference are appraised in terms of their breadth and depth, with particular reference to their ability to acknowledge and integrate the presence of fear and envy as passions which are evoked but also repressed in the face of sexual difference.From this angle, the contributions of Nancy Chodorow and Luce Irigaray are found to be more limited than those of Karen Horney and Jessica Benjamin, since the former two theorists allocate fear primarily or exclusively to men, as Freud has done, while they remain completely silent on envy. Differences in the scope or reach of the four feminist approaches are explained as a result of the theorists' differing perceptions of the social, political, and cultural position of women in patriarchal society. (shrink)

This article focuses on the dialectic of metapsychology and hermeneutics in psychoanalysis. By combining the causal language of the former with the intentional terminology of the latter, Freud's discourse continuously transgresses narrowly conceived boundaries of scientific disciplines and places its stakes both in the humanities and the natural sciences. The argument is made that attempts to reduce psychoanalytic theory to either causal explanation or interpretation of meaning, turn it into a closed thought-system and rob it of its vitality. Moreover, it (...) is argued that although Freud understood himself to be a scientist, by eschewing the dichotomous reductionism characteristic for both his orthodox followers and critics who try to turn psychoanalysis into either a natural-science-like discipline or a hermeneutics, Freud demonstrated that his self-understanding was far more sophisticated than either of these two groups admit to. This argument is supported by a detailed discussion of Freud's epistemological premises, his conception of science and reality, and, especially, the place which Freud allocated to metapsychology in his interdisciplinary science. It is claimed that metapsychology served Freud as a double-edged sword, both enabling creative and metaphorical thought about the mind's hidden reality, and revealing the necessary incompleteness of hermeneutics. The article concludes with the claim that psychoanalysis needs metapsychology in order to pursue this dual task. (shrink)

This essay discusses various representations of Eichmann's mind that were fashioned on the occasion of his trial in Jerusalem in 1961. Gideon Hausner the prosecutor presented the defendant as demonic. Hannah Arendt, the German-born American Jewish philosopher portrayed him as banal or thoughtless. Limiting themselves to the issue of mens rea in their judgment, the Israeli Supreme Court justices described Eichmann's mind as controlled by criminal intent. While these views have been widely discussed in the literature, much of this essay (...) focuses on a hitherto little noted perspective on Eichmann's mind that was formulated by the mental health experts who examined Eichmann for the prosecution. As compared to the inclusionist, confictual, and complex picture these experts presented of Eichmann's mind, Arendt's and Hausner's views appear similar in their reductionism, rather than diametrically opposed, while the approach of the Supreme Court justices to Eichmann's mind can be regarded as restrictive. Methodological problems involved in all these different perspectives are discussed, and it is argued that even though the psychological outlook declares itself to be non-judgmental, it does, in fact, entail a dimension of moral judgment. Finally, Eichmann 's recently declassified memoirs are adduced and interpreted as lending some support to the psychological, inclusionist perspective on Eichmann's mind. (shrink)

The purpose of this thesis is to make explicit the specificity of the following themes: the Bildung (formation/cultivation), education (Erziehung) and experimentation [Experimentieren – Erlebnis (experience)] in Nietzsche’s thought. As for that, it sustains that Nietzsche’s abandonment movement of the formation concept in favor of the notion of education and the subsequent substitution of education by the theme of experimentation, revealed a wide process of conceptual modification through which the author develops a radical theory of the constitution of the human (...) being. There are three distinct, although connected, moments of this process: the first one (chapters 1 and 2) in which the formation theme, not only in Nietzsche’s but in all the German tradition of the eighteenth and nineteenth centuries, is linked to discussions on the educational and formative value of art. For this reason, after presenting a contextualization of the relation between art and formation in the German tradition (chapter 1), it is presented (chapter 2) Nietzsche’s relation – the way it happens in his first important piece of writing The Birth of Tragedy – with the German aesthetic theories that reflected on the Greek culture, more specifically, on the problem of tragedy. Besides showing the influence of these theories on Nietzsche’s idea of formation, it is also shown the particularity of this idea and the elements that enabled the author to criticize the image of Greek serenity. Such critique happened due to the acknowledgement of an irretrievable split between public, art and culture in the Germany of the nineteenth century; the second one, (chapter 3), situated between his first important piece of writing, The Birth of Tragedy, and the extraordinary change of his thought, represented by the work Human, All too Human, is concerned about the problem of the authentic personality formation. In this period, the reflection on the authentic personality formation or the genius formation occurs in two distinct, although complimentary, registers: the first one, of analysis and critique of German teaching institutions, carried out in the five conferences delivered by him in the University of Basileia; and a second one, in which Nietzsche, based on his own experience with Schopenhauer, shows the dangers, the difficulties as well as the peculiarities of the formative experience to which one is submitted in the presence of a true philosopher. At last, the third moment (chapter 4), in which, based on the works produced after Human, All too human, the transformations of Nietzsche’s idea concerning the constitution of the human being are presented, characterized by the abandonment of the notion of formation, by the temporary use of the notion of education and by the choice of the experimentation notion as the most adequate to express the radicalism of the human being constitution process. The experimentation theme is presented in two registers: in the first one (in the first three items of chapter 4), based on Human, All too human; The Dawn and The Gay Science, it is shown the relation between the formation theme and the metaphysics critique based on the valorization of history, psychology and moral analysis; in the second one (in the last two items of chapter 4), it is reached the most advanced and radical formulation of Nietzsche’s thought on the theme of the human being constitution. Since the breach of the novel of self-cultivation (Bildungsroman) in Thus Spoke Zaratustra, dealing with the training and selection theme in On the Genealogy of Morality, to the establishment of figures of the overman and the sovereign individual, it is always focused an imperious obligation, which is to refer the theme of the human being constitution to the notion of experimentation that shows up under the sign of the concept of time and the solitude experience. (shrink)

This essays argues that Freud’s vision of the rule of law may be worthwhile pondering by legal scholars. It can heighten awareness of its unconscious dimensions and point to a variety of ways in which the law functions as part of culture or civilization, rather than as a system with its own rules. The first two parts of the essay seek to reconstruct Freud’s notion of the rule of law as a dialectical or paradoxical civilizatory force, restraining the passions even (...) though they drive it. These two parts retrace Freud’s genealogy of the law’s prehistoric origins and unconscious dynamics, which can be found in Totem and Taboo and, in summary form, in Moses and Monotheism. Then, the third section critically assesses the problems and limitations of some of the uses legal scholars made of Freud’s genealogy. Finally, the essay returns to the intellectual context of Freud’s conception of the rule of law, concluding with the claim that a Freudian perspective implies, in fact, that legal studies should be conceived as cultural studies. (shrink)

I assess Tamar Gendler's (2007) account of self-deception according to which its characteristic state is not belief, but imaginative pretense. After giving an overview of the literature and presenting the conceptual puzzles engendered by the notion of self-deception, I introduce Gendler's account, which emerges as a rival to practically all extant accounts of self-deception. I object to it by first arguing that her argument for abandoning belief as the characteristic state of self-deception conflates the state of belief and the process (...) of belief-formation when interpreting David Velleman's (2000) thesis that belief is an essentially truth-directed attitude. I then call attention to the fact that Velleman's argument for the identity of motivational role between belief and imagining, on which Gendler's argument for self-deception as pretense depends, conflates two senses of 'motivational role'-a stronger but implausible sense and a weaker but explanatorily irrelevant sense. Finally, I introduce Neil Van Leeuwen's (2009) argument to the effect that belief is the practical ground of all non-belief cognitive attitudes in circumstances wherein the latter prompt action. I apply this framework to Gendler's account to ultimately show that imaginative pretense fails to explain the existence of voluntary actions which result from self-deception. (shrink)

Etude de l'extension par la negation semi-intuitionniste de la logique positive des propositions appelee logique C, developpee par A. Urquhart afin de definir une semantique relationnelle valable pour la logique des valeurs infinies de Lukasiewicz (Lw). Evitant les axiomes de contraction et de reduction propres a la logique classique de Dummett, l'A. propose une semantique de type Routley-Meyer pour le systeme d'Urquhart (CI) en tant que celle-la ne fournit que des theories consistantes pour la completude de celui-ci.

Clinical delusions are widely characterized as being pathological beliefs in both the clinical literature and in common sense. Recently, a philosophical debate has emerged between defenders of the commonsense position (doxasticists) and their opponents, who have the burden of pointing toward alternative characterizations (anti-doxasticists). In this chapter, I argue that both doxasticism and anti- doxasticism fail to characterize the functional role of delusions while at the same time being unable to play a role in the explanation of these phenomena. I (...) also argue that though a more nuanced view of belief in which mental states are more or less belief-like instills a healthy skepticism towards the precision of folk-psychological concepts, such a stance fails to be of use in building a theory of delusion that will be able to bridge different levels of explanation, such as the phenomenology and neurobiology of delusion. Thus, I advocate moving past the question ‘Are delusions beliefs?’ and their description as propositional attitudes toward the description of the processes that generate delusion, with a view toward explaining, rather than explaining away, the personal-level aspects of the phenomenon that have been made inscrutable by investing in doxastic terminology. (shrink)

This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...) immigration enforcement purposes, they often undermine these original aims or get used in ways that conflict with the U.S. Constitution. These concerns should prompt us therefore either to reject the government’s plenary power over immigration or require the federal government to be more consistent about maintaining the separation between criminal law and immigration law. (shrink)

: En el trabajo se busca constatar y analizar los fundamentos de la simbiosis armoniosa que se da entre lo poético y lo filosófico en el pensamiento de José Martí. Tal imbricación la encontramos no sólo en él. Ha llegado a ser bastante frecuente en un contexto como el latinoamericano. Pero, tal vez sea en Martí en quien esa fusión se acrisola de manera más brillante. Nunca se preocupó demasiado por el contenido filosófico de su poesía ni por la forma (...) poética con que vertió sus pensamientos más profundos y de mayor alcance. O, dicho de manera más exacta, sí se preocupó, y mucho, porque lo uno y lo otro nunca estuviera ausente. Y por esa misma razón fue siempre más que poeta y más que filósofo, fue escritor y pensador, o como prefirieron llamarlo sus contemporáneos, fue maestro, en cualquier caso, universal, con todas las posibles acepciones que a este último término pueda otorgársele, excepto de aquella que asume la universalidad como el despego de lo propio y particular. Eso sí no lo encontraremos en Martí. En ningún momento olvidó, no importa el lugar donde se encontrara, que escribía y pensaba desde y para su colonizada Cuba y desde y para su también sufrida América. (shrink)

The idea that thoughts are structured is essential to Frege's understanding of thoughts. A basic tenet of his thinking was that the structure of a sentence can serve as a model for the structure of a thought. Recent commentators have, however, identified tensions between that principle and certain other doctrines Frege held about thoughts. This paper suggests that the tensions identified by Dummett and Bell are not really tensions at all. In establishing the case against Dummett and Bell the paper (...) argues (a) that Frege was committed, in virtue of his doctrine of decomposition, to the thesis that a single sentence can express a range of thoughts, and (b) that Frege was committed, in virtue of his views about truth, to the thesis that a single thought can be expressed by structurally different sentences. But neither of these theses comes into conflict with the basic principle. (shrink)

El texto aborda el problema de lo irracional en el pensamiento del filósofo estadounidense Donald Davidson. En consecuencia, representa un estudio de la evolución del conjunto de los artículos académicos publicados por Davidson. Los artículos publicados por Davidson, permiten organizar la evolución de su preocupación por el problema de la racionalidad-irracionalidad. Así, el problema de la racionalidad-irracionalidad encontrará recurrentemente un lugar en el marco más amplio del desarrollo de la obra filosófica de Donald Davison en torno a metafísica, lenguajes, verdad (...) e historia. (shrink)

In this essay, I argue that even when they appear to help, restrictions on migration are usually only an impediment, not an aid, to cosmopolitan justice. Even though some egalitarian cosmopolitans are well intentioned in their support of migration restrictions, I argue that migration restrictions are (i) not truly cosmopolitan and (ii) will not have the kinds of consequences they expect. My argument in defense of this claim begins, in section 1, by outlining a defense of migration restrictions based on (...) egalitarian cosmopolitan grounds. Then in sections two and three, I reply to the harms this position associates with open borders and provide some reasons as to why restrictions on migration are incompatible with cosmopolitan justice. (shrink)

This Article shows how three modern English thinkers — Hobbes, Locke and Bentham — construe the law as an intersection of secular eternity on the one one hand and transience in modernity on the other, allowing for immovability and movement at the same time, combining stability with change. It details how these theorists, who undoubtedly have earned themselves places of honor in the canon of modern political thought, tried to solve the problem of self-grounding in three different and yet paradigmatically (...) modern ways, each of them intertwining law and time in a different fashion, and each of them connecting both law and temporality to happiness. Thus this Article shows not only that these three British thinkers claim in one way or another that while natural desires may provide pleasure, only the law can bring happiness, but also emphasizes that, in their view, the transformation of the former into the latter entails a transformation of temporal consciousness. Thereby this Article foregrounds two elements that are crucial to an understanding of how seventeenth and eighteenth century British thinkers envisaged the transformation of pleasure into happiness by means of the law: first, the notion that the law creates or reinforces duration in social life, and second, the idea that the law can harness the immediacy of desires by assuring the legal protection of enduring pleasures, which lead to happiness. (shrink)

Menas is a term that has attracted a great deal of attention on the political scene in Spain at present. Although the term had a neutral usage originally, being an acronym for unaccompanied foreign minors, it has recently evolved into a term with clear negative connotations. This article explores what kind of term menas is today. Specifically, we will examine whether menas is a slur or an ESTI, an ethnic/social term used as an insult. First, we point out the most (...) defining characteristics of both types of terms. Then, using analyses on linguistic corpora, we show that menas exhibits the most defining characteristics of ESTIs. We end by discussing the possible evolution of the term, pointing out that, although the term presents the features related to ESTIs, there are two possible scenarios. On the one hand, the term may retain its neutral uses and thus remain an ESTI. On the other hand, the neutral uses may disappear, and thus the term may become a slur. (shrink)

This paper examines Gandhian philosophy and practice to reinterpret UNESCO's educational vision towards establishing stable and sustainable knowledge societies. The uniqueness of the Gandhian perspective is its ability to withstand the dominant political, philosophical and religious challenges with its contextually rooted, spiritually oriented, socially responsible and human person centred reinterpretations. UNESCO’s educational vision-Learning: The Treasure Within published in 1996 is a catalyst in establishing stable and sustainable knowledge societies. Consistent changes and challenges in knowledge societies necessitates the reinterpretation of this (...) educational vision. The four pillars of learning in this educational vision are analysed together with four aspects of Gandhian philosophy and practice: ‘learning to know’ and Nai Talim, ‘learning to do’ and ashrams, ‘learning to live together’ and constructive programme and ‘learning to be’ and swaraj. The paper discusses this confluence of the UNESCO’s theoretical approach of four pillars of education with Gandhian pragmatic philosophy and practice to offer a contextually rooted and future-oriented outlook for reinterpreting the educational vision for establishing stable and sustainable knowledge societies. (shrink)

This paper discusses a dialectic whereby the law not only influenced medical thinking in late nineteenth-century Germany, but also underwent medicalization of its own initiative. At the end of the 1880s, social legislation was crucial in initiating the German discourse on traumatic nervous disorders. By employing doctors as medical experts in court, the law also created a new experiential realm for doctors, altering their behavior toward patients and shifting their focus from therapy to investigation. However, in the wake of their (...) experiences in court, doctors developed a dual etiology of traumatic symptoms, which included the law itself as a pathogenic element with the power to aggravate symptoms. Two medical views of law can be distinguished: some doctors claimed that it was the desire to receive the pensions offered under social legislation that induced workers to perpetuate and exaggerate their symptoms; others argued that since pension claims embroiled claimants in intimidating legal proceedings, the pathogenic effect of social legislation stemmed from fear rather than greed. (shrink)

In this paper, we contend that the “Smith case” in Gettier’s attempt to refute the justified true belief (JTB) account of knowledge does not work. This is because the said case fails to satisfy the truth condition, and thus is not a case of JTB at all. We demonstrate this claim using the framework of Donnellan’s distinction between the referential and attributive uses of definite descriptions. Accordingly, the truth value of Smith’s proposition “The man who will get the job has (...) ten coins in his pocket” partly depends on how Smith uses the definite description “the man who will get the job” when he utters the proposition. Since, upon uttering the proposition, Smith has in mind a particular individual, namely Jones, and not just whoever will fit the attribute specified in the definite description, Smith uses the definite description referentially. And so when it turns out that it is Smith who eventually gets the job, the definite description fails to refer to Jones as intended by Smith, thereby making Smith’s proposition false. To think that Smith’s proposition is still true, in this regard, is to use the definite description attributively—that it is about whoever will fit the definite description. Apparently, when Gettier claims that Smith’s proposition is still true, to demonstrate that it is a case of JTB, he, in effect, imposes his attributive understanding of Smith’s usage of the definite description on Smith’s own epistemic situation. (shrink)

Alasdair MacIntyre’s work in ethics follows in the footsteps of twentieth century efforts to put the ideals of Enlightenment and modernity on trial, and his book After Virtue diagnoses a wide-spread malaise in contemporary moral discourse. As a corrective to this condition, MacIntyre offers a remedy along Aristotelian-Thomistic lines. He specifically conceives of a recovery of these lines that would allow for a common ground in moral debates which would reveal the normative and teleological character of the human good. However, (...) within these pages, I argue that MacIntyre underestimates how his moral corrective is actually a re-inscription of the Enlightenment project, and thus equally doomed to failure. I do this by sketching out three different lines. First, I present MacIntyre’s appraisal of modern moral discourse, which has long since abandoned a reliance on Aristotelian principles of ethics. Second, I outline an informative disjunction MacIntyre sets up between having to choose between a Nietzschean or an Aristotelian model of ethical action. Last, I argue that MacIntyre’s own choice, simultaneously based on, but also diverging from, Aristotle fails because his revamped account of the virtue formation so necessary for modern human flourishing leaves open a space for its development according to contingent histories and traditions, which implies an attenuated account of the virtue ethics he seeks to recover, and vindicates, rather than condemns, the Enlightenment’s attempt to liberate moral theories from its strict teleological forbears. (shrink)

In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law and regularization (...) policies are not inconsistent, and in fact regularization supports rule of law, when properly understood. Our view is that there needs to be a deeper investigation into the motivations of “rule of law” objections considered in Song and Bloemraad’s account. We argue that the real purpose of these objections is not necessarily to serve as an alternative to the justice-based claims of undocumented immigrants, but as a way to undermine them. On our account, these rule of law objections accomplish this undermining task through the mechanisms of dog whistling, discrediting and distorting, and ostracizing. (shrink)

In this paper we intend to offer a first approach to the incorporation of certain formal tools in the elucidation of some issues discussed in epistemological contexts. The aim is not to offer an exhaustive resolution of these problems but merely to point out the usefulness of modal semantics when applied to different fields. Here we will show how a series of skeptical arguments eventually involve a modal (counterfactual) structure, which we will try to generalise into a useful scheme. -/- (...) . (shrink)

Given the oncoming demographic changes—which are primarily driven by the growth in the Latinx community—the United States is predicted to become a minority-majority country by around 2050. This seems to suggest that electoral strategies that employ “dog-whistle” politics are destined for the dust-bin of history. Following the work of critical race theorists, such as Ian Haney-Lopez and Derrick Bell, I want to suggest that pronouncing the inevitable demise of dog-whistle politics is premature. This is because there are reasons to suspect (...) that certain segments of the Latinx community—much like the Southern and Eastern Europeans in the early part of 20th Century—might be co-opted into American whiteness. (shrink)

This paper aims to deepen our understanding of so-called covert dogwhistles. I discuss whether a covert dogwhistle is a specific sort of mechanism of manipulation or whether, on the contrary, it draws on other already familiar linguistic mechanisms such as implicatures or presuppositions. I put forward a series of arguments aimed at illustrating that implicatures and presuppositions, on the one hand, and covert dogwhistles, on the other, differ in their linguistic behaviour concerning plausible deniability, cancellability, calculability and mutual acceptance. I (...) concluded this paper by outlining a simple theory for covert dogwhistles according to which they are attitude-foregrounders. (shrink)

In this article, I broadly sketch out the current philosophical debate over immigration and highlight some of its shortcomings. My contention is that the debate has been too focused on border enforcement and therefore has left untouched one of the more central issue of this debate: what to do with unauthorized immigrants who have already crossed the border and with the “push and pull” factors that have created this situation. After making this point, I turn to the work of Enrique (...) Dussel and argue that his philosophical approach offers some insights that can help overcome these shortcomings. In particular, Dussel’s commitment to a social critique and transformation that begins with the material grievances of the most excluded and oppressed in a community. Under this type of approach, the immigration debate would begin with the grievances of the victims of immigration polices and reform (i.e. unauthorized immigrants) instead of with concerns for how to better enforce borders. Lastly, I point out that this type of approach is consistent with the current Immigrant Rights Movement in the United States. (shrink)

The article examines Wittgenstein’s thought on the language of pain in first and third person. Relevant grammatical differences, according to the typical analytical method of this philosopher, are highlighted not only in relation to the two perspectives, but also regarding the use of cognitive verbs such as ‘feeling’ and ‘knowing’. The exam of many texts suggests some issues concerning the relationship between personal experiences, empathic grasping of other’s feelings and their conceptual translation. A brief comparison with some Thomas Aquinas’ texts (...) complements the proposal of the existence of non intentional knowledge. (shrink)

In 2008 Robert Lovato coined the phrase Juan Crow. Juan Crow is a type of policy or enforcement of immigration laws that discriminate against Latino/as in the United States. This essay looks at the implications this phenomenon has for an ethics of immigration. It argues that Juan Crow, like its predecessor Jim Crow, is not merely a condemnation of federalism, but of any immigration reform that has stricter enforcement as one of its key components. Instead of advocating for increased enforcement, (...) I want to suggest that just immigration reform must adhere to two standards, equality of burdens and universal protections, and that only by doing so can the potential for Juan Crow be adequately avoided. (shrink)