La mal llamada “Conquista del Desierto” constituyó una serie de campañas militares ocurridas en el actual territorio patagónico argentino entre los años 1878 y 1885 cuyo resultado fue el asesinato, la violación y sometimiento a la esclavitud de diversos pueblos y comunidades indígenas. Este no fue un caso aislado, sino que se suma a una serie de ataques sistemáticos que han sufrido los indígenas en la Argentina. En los últimos años, a raíz del reclamo y las luchas de los pueblos (...) y comunidades indígenas, así como también de las organizaciones de derechos humanos, se han comenzado a juzgar algunos de estos hechos. En particular, la Masacre de Napalpí (1924) y la Masacre de La Bomba (1947) fueron los primeros que lograron respuestas judiciales favorables. En ambos se determinó que el accionar estatal era constitutivo de un genocidio y, por lo tanto, se debía resarcir a las comunidades actuales. Ahora bien, la Campaña del Desierto, al día de hoy, no tiene respuesta por parte del Estado. Teniendo presente este panorama, nuestro objetivo en este trabajo es reconstruir los diferentes problemas que enfrenta la posibilidad del reclamo judicial. Para ello, comenzaremos describiendo en qué consistió la Campaña del Desierto. Luego, explicaremos la noción de genocidio aplicado a hechos de injusticias históricas. Como tercer paso, reconstruiremos los casos jurisprudenciales que se han preocupado por genocidios indígenas ocurridos en el pasado. Con este panorama revelado, nos enfocaremos en los diferentes problemas jurídicos y políticos que surgen en los reclamos de justicia. (shrink)

Through Heidegger’s re-reading of Descartes, this article explores a fundamental issue in the contemporary conception of worldliness. In a restricted sense, the human being is the maker of the world in that he appropriates what composes it, i.e., the worldly beings or things. Greatly influenced by the Cartesian notion of extensio, this tendency no longer entails the world as a thing in itself, but as a set of measurable things, thus available and open to activity. This article articulates the threat (...) relative to the idea of the forming, by the human being, of the essence of the world. Every being, be it an object, an animal or even a human being, seems to be considered as a producer of energy and a structure that could be possessed. For example, such natural space is not campaign or land, but automatically field, that is to say, an agricultural deposit that is symbolically exploited and empirically exploitable. This ontological device prevents us from grasping the world in any other way than in terms of use and productivity. As a result, the ontology of the thing becomes an aesthetic issue in its own right. This issue does not involve here the capture of the object as a bearer of Beauty, but an aesthetic relation in the fundamentally etymological sense (αἰσθητικός) of what is felt, of what is sensible and perceptible. The need for an aesthetic rereading of the world and the things that stand in it presupposes, therefore, the evolution of the human gaze and a metaphysical approach to worldliness, detached from the instrumentalization of the beings and focused on their presence or their proximity. This article aims at demonstrating the necessity of a real human aesthetic responsibility, which can be concretized in the metaphysical thought of the thing that the human being unfolds, by considering it as the persistence in the world of an object whose ontological disposition could never be neutral. (shrink)

El trabajo consiste en una elucidación de los elementos que conforman el concepto de pena natural (poena naturalis) en el Derecho penal. Se puede caracterizar la pena natural como el daño o sufrimiento que recae sobre el autor de un delito, producto de la comisión del mismo, que debe ser descontado de la pena legal que ha de aplicársele. Si bien existe un mínimo acuerdo sobre esto, tanto en la jurisprudencia como en la doctrina penal se observan serios desacuerdos acerca (...) de los requisitos que se deben cumplir para reconocer que se está frente a una pena natural. Para elucidar los elementos, se utilizará el constructivismo conceptual de Ronald Dworkin, a fin de describir el desacuerdo y sus implicancias, reconocer los elementos principales de la pena natural y justificarlos bajo su mejor luz moral. ABSTRACT This study focuses on the clarification of the conceptual elements of poena naturalis in criminal law settings. The poena naturalis is the damage or suffering that falls on the convict for its commission. This damage must be deducted from the poena forensis to be applied. Although there is a minimum agreement about the concept of poena naturalis, in the jurisprudence and among legal scholars, there are serious disagreements about the elements of poena naturalis. To elucidate the elements, I will adopt Ronald Dworkin’s conceptual constructivism to describe the disagreement and its implications. At last, I will justify the main elements of the poena naturalis by their best moral light. (shrink)

En la literatura jurídico penal, el arrepentimiento cobra relevancia en un lugar específico: la condena, más precisamente, en la determinación de la pena del sujeto que ha sido encontrado responsable por la comisión de un delito y que, a su vez, se encuentra arrepentido por su accionar. Desde la concepción comunicativa del castigo, en este trabajo contestaré las siguientes preguntas: ¿El arrepentimiento significa un menor reproche penal o es indiferente para la determinación de la pena? en caso de que implique (...) un acercamiento al castigo mínimo establecido en la legislación ¿Cuándo es razonable que esto suceda? (shrink)

This article highlights the limitations of the tendency to frame health- and wellbeing-related digital tools (mHealth technologies) as empowering devices, especially as they play an increasingly important role in the National Health Service (NHS) in the UK. It argues that mHealth technologies should instead be framed as digital companions. This shift from empowerment to companionship is advocated by showing the conceptual, ethical, and methodological issues challenging the narrative of empowerment, and by arguing that such challenges, as well as the risk (...) of medical paternalism, can be overcome by focusing on the potential for mHealth tools to mediate the relationship between recipients of clinical advice and givers of clinical advice, in ways that allow for contextual flexibility in the balance between patiency and agency. The article concludes by stressing that reframing the narrative cannot be the only means for avoiding harm caused to the NHS as a healthcare system by the introduction of mHealth tools. Future discussion will be needed on the overarching role of responsible design. (shrink)

The debate about the ethical implications of Artificial Intelligence dates from the 1960s :741–742, 1960; Wiener in Cybernetics: or control and communication in the animal and the machine, MIT Press, New York, 1961). However, in recent years symbolic AI has been complemented and sometimes replaced by Neural Networks and Machine Learning techniques. This has vastly increased its potential utility and impact on society, with the consequence that the ethical debate has gone mainstream. Such a debate has primarily focused on principles—the (...) ‘what’ of AI ethics —rather than on practices, the ‘how.’ Awareness of the potential issues is increasing at a fast rate, but the AI community’s ability to take action to mitigate the associated risks is still at its infancy. Our intention in presenting this research is to contribute to closing the gap between principles and practices by constructing a typology that may help practically-minded developers apply ethics at each stage of the Machine Learning development pipeline, and to signal to researchers where further work is needed. The focus is exclusively on Machine Learning, but it is hoped that the results of this research may be easily applicable to other branches of AI. The article outlines the research method for creating this typology, the initial findings, and provides a summary of future research needs. (shrink)

Este artículo estudia la justificación normativa de la adopción de los ensayos clínicos aleatorizados por parte de las autoridades sanitarias británicas como estándar metodológico en 1946. A partir de un análisis de los distintos intereses de los participantes en el proceso (pacientes, médicos, farmacéuticas y el propio Estado) argumentamos que la aleatorización se adoptó como mecanismo de asignación imparcial de tratamientos, aunque sus propiedades estadísticas no fueran bien comprendidas. Tal justificación permanece aún vigente.

This article argues for an interpretation of Aristotle’s biological account of familial resemblance that allows us to read Aristotle’s embryology as employing the same concept of “form” as he employs in his Metaphysics. The dominant view for the last several decades has been that in order to account for the phenomenon of inherited characteristics, Aristotle’s biology must appeal to a “sub-specific” form, one that includes all of the traits that parents pass on to their offspring. That view, however, is not (...) only inconsistent with Aristotle’s essentialist metaphysics, but it also renders the embryological theory internally inconsistent. The interpretation I offer avoids both inconsistencies, and better coheres with what he actually says in Generation of Animals. (shrink)

Liberal democracies who perpetrate torture represent an apparent paradox: a flagrant violation of human rights by states supposedly dedicated to protecting human rights. In liberal democracies, the political, social, and legal narratives used to justify torture portray torture as an individual act motivated by important moral values. This individualized torture narrative then shapes the moral framework through which the public, policy-makers, and individual torturers view torture, and masks the institutional nature of torture perpetration. It is this interaction between an individualized (...) torture narrative and the moral framework of torture that distinguishes democratic perpetrators (Critchell et al. 2017, 9-10) from nondemocratic perpetrators of torture. Yet, the implementation of a torture program in a democratic state is remarkably similar to the implementation of a torture program in a nondemocratic state. In both cases, torture is an institutionalized practice given moral and political meaning through broad social and political narratives. This chapter uses the post-9/11 US torture program as a case study of a democratic perpetrator in order to explore the interaction between democratic narratives of torture, state implementation of torture, and the moral psychology of individual torturers. This permits a way of thinking about torture perpetration that goes beyond a myopic focus on torture as individual act to understand the interaction and mutual reinforcement of different forms of torture perpetration. This analysis also offers a starting point from which to consider how to resist and oppose torture narratives that sustain democratic tortue, a question I explore in the conclusion of this chapter. (shrink)

It has been suggested that to overcome the challenges facing the UK’s National Health Service (NHS) of an ageing population and reduced available funding, the NHS should be transformed into a more informationally mature and heterogeneous organisation, reliant on data-based and algorithmically-driven interactions between human, artificial, and hybrid (semi-artificial) agents. This transformation process would offer significant benefit to patients, clinicians, and the overall system, but it would also rely on a fundamental transformation of the healthcare system in a way that (...) poses significant governance challenges. In this article, we argue that a fruitful way to overcome these challenges is by adopting a pro-ethical approach to design that analyses the system as a whole, keeps society-in-the-loop throughout the process, and distributes responsibility evenly across all nodes in the system. (shrink)

Technologies to rapidly alert people when they have been in contact with someone carrying the coronavirus SARS-CoV-2 are part of a strategy to bring the pandemic under control. Currently, at least 47 contact-tracing apps are available globally. They are already in use in Australia, South Korea and Singapore, for instance. And many other governments are testing or considering them. Here we set out 16 questions to assess whether — and to what extent — a contact-tracing app is ethically justifiable.

As the range of potential uses for Artificial Intelligence, in particular machine learning, has increased, so has awareness of the associated ethical issues. This increased awareness has led to the realisation that existing legislation and regulation provides insufficient protection to individuals, groups, society, and the environment from AI harms. In response to this realisation, there has been a proliferation of principle-based ethics codes, guidelines and frameworks. However, it has become increasingly clear that a significant gap exists between the theory of (...) AI ethics principles and the practical design of AI systems. In previous work, we analysed whether it is possible to close this gap between the ‘what’ and the ‘how’ of AI ethics through the use of tools and methods designed to help AI developers, engineers, and designers translate principles into practice. We concluded that this method of closure is currently ineffective as almost all existing translational tools and methods are either too flexible or too strict. This raised the question: if, even with technical guidance, AI ethics is challenging to embed in the process of algorithmic design, is the entire pro-ethical design endeavour rendered futile? And, if no, then how can AI ethics be made useful for AI practitioners? This is the question we seek to address here by exploring why principles and technical translational tools are still needed even if they are limited, and how these limitations can be potentially overcome by providing theoretical grounding of a concept that has been termed ‘Ethics as a Service.’. (shrink)

Multi-user online environments involve millions of participants world-wide. In these online communities participants can use their online personas – avatars – to chat, fight, make friends, have sex, kill monsters and even get married. Unfortunately participants can also use their avatars to stalk, kill, sexually assault, steal from and torture each other. Despite attempts to minimise the likelihood of interpersonal virtual harm, programmers cannot remove all possibility of online deviant behaviour. Participants are often greatly distressed when their avatars are harmed (...) by other participants’ malicious actions, yet there is a tendency in the literature on this topic to dismiss such distress as evidence of too great an involvement in and identification with the online character. In this paper I argue that this dismissal of virtual harm is based on a set of false assumptions about the nature of avatar attachment and its relation to genuine moral harm. I argue that we cannot dismiss avatar attachment as morally insignificant without being forced to also dismiss other, more acceptable, forms of attachment such as attachment to possessions, people and cultural objects and communities. Arguments against according moral significance to virtual harm fail because they do not reflect participants’ and programmers’ experiences and expectations of virtual communities and they have the unintended consequence of failing to grant significance to attachments that we take for granted, morally speaking. Avatar attachment is expressive of identity and self-conception and should therefore be accorded the moral significance we give to real-life attachments that play a similar role. (shrink)

This paper aims at providing an epistemic defense of democracy based on John Dewey’s idea that democracies do not only find problems and provide solutions to them but they also articulate problems....

Rita Floyd’s "The Morality of Security: A Theory of Just Securitization" is an important and insightful book that delineates a theory of just securitization (modified from the jus ad bellum and jus in bello criteria in just war theory) involving three sets of principles governing the just initiation of securitization, just conduct of securitization, and just desecuritization. This book is a much-needed addition to the security studies and just war scholarship. -/- Here, I explore the potential of Floyd’s just securitization (...) theory (JST) to provide insights into the moral justifiability of non-state groups that are not political entities engaging in resistance against forms of structural violence that pose an existential threat to those groups. Using the case study of the Black Lives Matter (BLM) movement and the threat of white supremacy to African Americans as an illustrative example, I argue that structural forms of violence can meet Floyd’s definition of an objective existential threat, justifying the resort to securitization by groups such as BLM. (shrink)

In this paper, I argue that Kant has a far more communitarian theory of aesthetic life than is usually acknowledged. I focus on two aspects of Kant’s theory that might otherwise be taken to support an individualist reading, namely, Kant’s emphasis on aesthetic autonomy and his characterization of judgments of taste as involving demands for agreement. I argue that the full expression of autonomy in fact requires being a member of an aesthetic community and that within such a community, judgments (...) of taste are issued as invitations to others to engage their faculties towards the goal of shared aesthetic appreciation. (shrink)

Study of Batman´s villain Scarecrow through the lens of ancient Stoicism, particularly according to the Stoic theory of passions.

In the present work I am interested in addressing a specific aspect within the conceptual problem that poena naturalis implies. In other words, here I will answer the question about what is the poena naturalis. We can be recognized three theories: one that affirms that the poena naturalis is a compensation for culpability, another according to which the poena naturalis is the product of clemency or compassion, and the last that defends that the principles of legality, proportionality and rationality allow (...) justifying the poena naturalis. I will stop at each one of them in order to carry out a critical examination that will allow me to conclude which is the conception that best supports natural punishment. (shrink)

As several scholars have argued, far from being antithetical to American values, the torture of nonwhite peoples has long been a method through which the United States has enforced (at home and abroad) a conception of what I will call “white moral citizenship." What is missing from this literature, however, is an exploration of the role that the erasure of torture, and the political and public narratives that are used to justify torture, plays in this function. -/- As I will (...) demonstrate in this article, the erasure of American torture takes at least three different but mutually reinforcing forms: erasure of the fact of torture, erasure of the experience of torture, and erasure of the victims of torture. Erasure of the fact of torture occurs when lack of education and public discussion creates widespread ignorance about the history of torture in America, as has occurred in relation to the post-9/11 torture program. Erasure of the experience of torture occurs when victims’ experiences of extreme suffering, and practices or institutions that inflict extreme suffering (such as solitary confinement), are not acknowledged as forms of torture. Erasure of the victims of torture occurs when victims are treated with indifference and even contempt, even when what they suffered is acknowledged to be torture, and their perspectives and experiences are dismissed, minimized, or ignored. -/- As I shall argue, both the use of the torture and the forms of erasure described above are essential components in the ongoing enforcement of the normative boundaries of American white moral citizenship and the myth of American exceptionalism and civilization. The repeating pattern of the use and erasure of torture leads to the ongoing toleration of practices that constitute torture and that overwhelmingly impact people of color. Until this pattern of justification and erasure is recognized and confronted, torture will continue to be embedded within American culture and institutions. (shrink)

The writings and speeches of the Mexican president Andrés Manuel López Obrador (2018-2024) have been characterized by a constant reference to a teleological history. Using Karl Löwith’s proposals, I analyse the president’s liberal-progressive idea of history and I propose that in this respect he has followed a certain speculative philosophy of history, which I call philosophy of Trans-Historic-History.

La doctrina establecida por la Corte Suprema de Justicia de la Argentina en relación a los crímenes de lesa humanidad cometidos durante la última dictadura militar, expresamente declaraba la obligación del Estado de investigar y juzgar a los responsables de su comisión. La Corte no sólo caracterizó dichos delitos, sino que también estableció que no eran susceptibles de amnistía, indulto, ni prescripción. Pero, en el año 2017 dictó el fallo “Muiña” donde, por voto mayoritario, decidió otorgarle el beneficio del “2 (...) por 1” a un condenado por dichos delitos. La consecuencia fue su inmediata libertad por el vencimiento de la condena. La respuesta de la sociedad fue clara. Con diversas manifestaciones, la sociedad civil, las instituciones y las personalidades públicas se declararon en contra de la sentencia. Más aún, del voto de los mismos jueces se observan expresiones que denotan un gran pesar a la hora de tomar la decisión. Más precisamente, sostenían estar ante un dilema. En este trabajo, lejos de realizar un análisis de la interpretación jurídica que se efectuó en la sentencia, se propone trabajar sobre el concepto de dilema y la posibilidad de aplicación en el presente caso. La finalidad concreta es indagar si se está ante un dilema y en su caso si los jueces utilizan este concepto como un arma argumentativa para lograr adhesión o compasión de la opinión pública. En este sentido, se comenzará relatando el marco jurídico del fallo, donde se describirá la historia judicial de Muiña y los argumentos dados por el voto mayoritario y el minoritario de la Corte. Luego, se realizará un análisis del concepto de dilema, para reconstruirlo sobre la base de dos grandes posturas: Una lógica conceptual y otra fenomenológica. Posteriormente, se realizará un examen de la dimensión institucional del derecho y la moralidad judicial, para - finalmente - poder intentar responder si se está efectivamente ante un dilema. (shrink)

Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or suggestive women’s clothing as ‘provocative’ (...) and that women who wear such clothing could provoke sexual assault and harassment from men. Yet it is rarely noted that only women’s clothing is described as sexually provocative. Men’s clothing, no matter how revealing, is never described as provocative. Why is this the case? This Article challenges the assumption that it is appropriate to describe women’s clothing as provocative. Drawing on on models of the legal defense of provocation and research on objectification and responsibility, this Article demonstrates that continued use of ‘provocative’ term normalizes and entrenches deeply problematic attitudes about women’s responsibility for men’s sexual behavior. The social interpretation of women’s clothing as provocative arises from the privileged social and legal status of men’s sexual arousal and the objectification of women’s bodies. Describing women’s clothing as provocative thus reinforces a problematic conception of women’s bodies and sexuality that is connected to women’s experiences of their bodies, their clothes, and shapes their vulnerability to sexual assault and social and legal attitudes to such attacks. (shrink)

This chapter explores the prospects for justifying the somewhat widespread, somewhat firmly held sense that there is some moral advantage to untruthfully implicating over lying. I call this the "Difference Intuition." I define lying in terms of asserting, but remain open about what precise definition best captures our ordinary notion. I define implicating as one way of meaning something without asserting it. I narrow down the kind of untruthful implicating that should be compared with lying for purposes of evaluating whether (...) there is a moral difference between them. Just as lying requires a robust form of assertion, so the kind of untruthful implicating to be compared with lying requires a robust form of implicating. Next, I set out various ways of sharpening the Difference Intuition and survey a range of approaches to justifying one class of sharpenings. I finish by sketching an approach to justifying an alternative sharpening of the Difference Intuition, which is inspired by John Stuart Mill's discussion of lying. (shrink)

As the range of potential uses for Artificial Intelligence (AI), in particular machine learning (ML), has increased, so has awareness of the associated ethical issues. This increased awareness has led to the realisation that existing legislation and regulation provides insufficient protection to individuals, groups, society, and the environment from AI harms. In response to this realisation, there has been a proliferation of principle-based ethics codes, guidelines and frameworks. However, it has become increasingly clear that a significant gap exists between the (...) theory of AI ethics principles and the practical design of AI systems. In previous work , we analysed whether it is possible to close this gap between the ‘what’ and the ‘how’ of AI ethics through the use of tools and methods designed to help AI developers, engineers, and designers translate principles into practice. We concluded that this method of closure is currently ineffective as almost all existing translational tools and methods are either too flexible (and thus vulnerable to ethics washing) or too strict (unresponsive to context). This raised the question: if, even with technical guidance, AI ethics is challenging to embed in the process of algorithmic design, is the entire pro-ethical design endeavour rendered futile? And, if no, then how can AI ethics be made useful for AI practitioners? This is the question we seek to address here by exploring why principles and technical translational tools are still needed even if they are limited, and how these limitations can be potentially overcome by providing theoretical grounding of a concept that has been termed ‘Ethics as a Service’. (shrink)

The thesis that in order to genuinely think about a particular object one must be (in some sense) acquainted with that object has been thoroughly explored since it was put forward by Bertrand Russell. Recently, the thesis has come in for mounting criticism. The aim of this paper is to point out that neither the exploration nor the criticism have been sensitive to the fact that the thesis can be interpreted in two different ways, yielding two different principles of acquaintance. (...) One principle uses the notion of content in distinguishing genuine thinking-about things from a merely derivative kind of thinking-about things. The other principle is quiet about content, focusing instead on a distinction between satisfactional and non-satisfactional means of bringing things into thought. Most work has focused on the first, content-based principle of acquaintance. But criticisms of this principle do not apply straightforwardly to the non-content-based principle. I shall argue that the latter principle merits independent assessment as part of the broader effort to account for genuine thinking about particular objects. In the final section of the paper, I will sketch a roadmap for this assessment. (shrink)

The term "fake news" ascended rapidly to prominence in 2016 and has become a fixture in academic and public discussions, as well as in political mud-slinging. In the flurry of discussion, the term has been applied so broadly as to threaten to render it meaningless. In an effort to rescue our ability to discuss—and combat—the underlying phenomenon that triggered the present use of the term, some philosophers have tried to characterize it more precisely. A common theme in this nascent philosophical (...) discussion is that contemporary fake news is not a new kind of phenomenon, but just the latest iteration of a broader kind of phenomenon that has played out in different ways across the history of human information-dissemination technologies. While we agree with this, we argue that newer sorts of fake news reveal substantial flaws in earlier understandings of this notion. In particular, we argue that no deceptive intentions are necessary for fake news to arise; rather, fake news arises when stories which were not produced via standard journalistic practice are treated as though they had been. Importantly, this revisionary understanding of fake news allows us to accommodate and understand the way that fake news is plausibly generated and spread in a contemporary setting, as much by non-human actors as by ordinary human beings. (shrink)

This chapter investigates the conflict between thought and speech that is inherent in lying. This is the conflict of saying what you think is false. The chapter shows how stubbornly saying what you think is false resists analysis. In traditional analyses of lying, saying what you think is false is analyzed in terms of saying something and believing that it is false. But standard cases of unconscious or divided belief challenge these analyses. Classic puzzles about belief from Gottlob Frege and (...) Saul Kripke show that suggested amendments involving assent instead of belief do not fare better. I argue that attempts to save these analyses by appeal to guises or Fregean modes of presentation will also run into trouble. I then consider alternative approaches to untruthfulness that focus on (a) expectations for one’s act of saying/asserting and (b) the intentions involved in one’s act of saying/asserting. Here I introduce two new kinds of case, which I call “truth serum” and “liar serum” cases. Consideration of these cases reveals structural problems with intention- and expectation-based approaches as well. Taken together, the string of cases presented suggests that saying what you think is false, or being untruthful, is no less difficult and interesting a subject for analysis than lying itself. Tackling the question of what it is to say what you think is false illuminates ways in which the study of lying is intertwined with fundamental issues in the nature of intentional action. (shrink)

New scientific advances have created previously unheard of possibilities for enhancing combatants' performance. Future war fighters may be smarter, stronger, and braver than ever before. If these technologies are safe, is there any reason to reject their use? In this article, I argue that the use of enhancements is constrained by the importance of maintaining the moral responsibility of military personnel. This is crucial for two reasons: the military's ethical commitments require military personnel to be morally responsible agents, and moral (...) responsibility is necessary for integrity and the moral emotions of guilt and remorse, both of which are important for moral growth and psychological well-being. Enhancements that undermined combatants' moral responsibility would therefore undermine the military's moral standing and would harm combatants' well-being. A genuine commitment to maintaining the military's ethical standards and the well-being of combatants therefore requires a careful analysis of performance-enhancing technologies before they are implemented. (shrink)

The harmonious free play of the imagination and understanding is at the heart of Kant’s account of beauty in the Critique of the Power of Judgement, but interpreters have long struggled to determine what Kant means when he claims the faculties are in a state of free play. In this article, I develop an interpretation of the free play of the faculties in terms of the freedom of attention. By appealing to the different way that we attend to objects in (...) aesthetic experience, we can explain how the faculties are free, even when the subject already possesses a concept of the object and is bound to the determinate form of the object in perception. (shrink)

The aim of this chapter is to explore to some extent the relationship between identity and necessity in logic and metaphysics. First, I provide a historically-based summary of proofs of the necessity of identity, highlighting the importance of the role that self-identity plays. Second, I introduce two examples of metaphysical topics where the necessity of identity has played a pivotal role: the necessary a posteriori, and the coincidence of material objects. I argue that important aspects of these debates rest on (...) how we represent identity. Third, I consider some recent work on generalized identity. This opens up new prospects for explaining why identity is necessary. (shrink)

If there is any consensus about knowledge in contemporary epistemology, it is that there is one primary kind: knowledge-that. I put forth a view, one I find in the works of Aristotle, on which knowledge-of – construed in a fairly demanding sense, as being well-acquainted with things – is the primary, fundamental kind of knowledge. As to knowledge-that, it is not distinct from knowledge-of, let alone more fundamental, but instead a species of it. To know that such-and-such, just like to (...) know a person or place, is to be well-acquainted with a portion of reality – in this case a fact. In part by comparing classic Gettier cases to cases in which one has true impressions of but fails to know a person, I argue that this account not only respects our intuitions about knowledge-that – in particular that it is or entails non-accidentally true justified belief – but also explains them, providing a compelling analysis. (shrink)

How does Aristotle view the production of females? The prevailing view is that Aristotle thinks female births are teleological failures of a process aiming to produce males. However, as I argue, that is not a view Aristotle ever expresses, and it blatantly contradicts what he does explicitly say about female births: Aristotle believes that females are and come to be for the sake of something, namely, reproduction. I argue that an alternative to that prevailing view, according to which the embryo’s (...) sex is determined solely by “non-teleological necessity,” also misrepresents Aristotle’s view. As I show, the explanation Aristotle gives is more sophisticated and less egalitarian than the alternative account allows: There is some sense in which males are, for Aristotle, the “default” result. I offer instead an interpretation that can accommodate the asymmetry between Aristotle’s biological account of the production of males and females, but which does not imply that females are thereby teleological failures. There is no doubt that Aristotle thinks females are inferior to males in many respects. However, if he thinks that inferiority is grounded in biological facts, it is not the fact that females are the results of a failure of form to be realized. (shrink)

En el presente artículo analizamos la novela gráfica Pax Romana (Jonathan Hickman 2007) como una representación de las posturas de la filosofía de la historia de la Ilustración. El discurso prevaleciente en la mayoría de los personajes y en la trama, argumentamos, es equiparable con la concepción de la Historia del positivismo y el marxismo. Establecemos que, en esta visionaria muestra del noveno arte, la filosofía de la historia ilustrada prevalece sobre la filosofía de la historia cristiana, pese a que (...) gran parte del hilo argumental haya recaído en personajes que representan la dirigencia de la Iglesia Católica. El desenlace de la miniserie evidencia el triunfo, a través de los viajes en el tiempo, de las metas de la Ilustración, como lo son la difusión de la Razón, la ciencia, el Progreso y el bienestar en todo el orbe. Sorpresivamente, en tanto que los viajes en el tiempo son planificados por el Vaticano, se dejan a un lado los presupuestos básicos de la filosofía de la historia cristiana, principalmente la idea de que el Reino de Dios no se dará en la Tierra sino en un lugar metafísico, en el Final de los Tiempos. (shrink)

In the present paper we analyze the approach that sustains that history´s study is useful for the political activities improvement. Nowadays it is considered that the historian must not elaborate his works thinking to achieve an influence on the politics. Nevertheless, during the XIX century and previously, has been a different approach. Our reflection focus on two conspicuous works of the nineteenth century about the historical discipline: Historik by Johann G. Droysen and On the use and abuse of history for (...) life by Friedrich Nietzsche. This article dives on the moral role given to the study of history, as well as dives on the causes, postulated by both thinkers, that explain why history leads to a personal overcoming. Overcoming that subsequently rebound on the political issue. (shrink)

Although the term "torture lite" is frequently used to distinguish between physically mutilating torture and certain interrogation methods that are supposedly less severe, the distinction is not recognized in international law.

Self-control is integral to successful human agency. Without it we cannot extend our agency across time and secure central social, moral, and personal goods. But self-control is not a unitary capacity. In the first part of this paper we provide a taxonomy of self-control and trace its connections to agency and the self. In part two, we turn our attention to the external conditions that support successful agency and the exercise of self-control. We argue that what we call moral security (...) is a critical foundation for agency. Parts three and four explore what happens to agency when moral security is lacking, as in the case of those subject to racism, and those living in poverty. The disadvantages suffered by those who are poor, in a racial minority or other oppressed group, or suffering mental illness or addiction, are often attributed to a lack of individual self-control or personal responsibility. In particular, members of these groups are often seen as irresponsibly focused on short-term pleasures over long-term good, a view underwritten by particular psychological theories of self-control. We explore how narratives about racism and poverty undermine moral security, and limit and distort the possibility of synchronic and diachronic self-control. Where moral security is undermined, the connection between self-control and diachronic goods often fails to obtain and agency contracts accordingly. We close with some preliminary reflections on the implications for responsibility. (shrink)

La renta básica se nos presenta en la obra de Philippe van Parijs como una propuesta política filosóficamente argumentada, de modo tal que convencerá tanto al teórico de la justicia como al ciudadano que votará su implantación. En este artículo analizamos la argumentación de van Parijs mostrando cómo la efectividad política de sus tesis sólo se sostiene a costa de reducir el debate sobre la renta básica a los términos de su propia concepción de la ética. Ponemos en duda, por (...) nuestra parte, el alcance de esta reducción sobre un doble plano: diluye por completo la dimensión prudencial de toda argumentación política, y no deja más alternativa que la educación sentimental para quienes no se dejen convencer por el equilibrio reflexivo. (shrink)

Drawing on recent work in formal pragmatic theory, this paper shows that the manipulation of discourse structure—in particular, by way of shifting the Question Under Discussion mid-discourse—can constitute an act of epistemic injustice. I argue that the “All Lives Matter” response to the “Black Lives Matter” slogan is one such case; this response shifts the Question Under Discussion governing the overarching discourse from Do Black lives matter? to Which lives matter? This manipulation of the discourse structure systematically obscures the intended (...) meaning of “Black lives matter” and disincentivizes future utterances of it. (shrink)

In this paper, I examine the role of attention in Kant’s aesthetic theory in the Critique of the Power of Judgment. While broadly Kantian aestheticians have defended the claim that there is a distinct way that we attend to objects in aesthetic experience, Kant himself is not usually acknowledged as offering an account of aesthetic attention. On the basis of Kant’s more general account of attention in other texts and his remarks on attention in the Critique of the Power of (...) Judgment, I reconstruct Kant’s account of aesthetic attention. On this account, aesthetic attention is simultaneously directed at the form of an object and at the judging subject’s own mental states as she attends to the object. In the experience of beauty, we specifically attend to the harmonious relation between the faculties of imagination and understanding. (shrink)

Malem Seña in “¿Puede las malas personas ser buenos jueces?” analyzed the judicial morality. At first time from a historical analysis, the judges were not required to base their judgments, because they were the mirror of legitimacy and morality of their decisions. With the advent of rationalism and modern State, the sentences should be the foundation. The situation that put the judge person in the background. In this situation, the answer to the question posed in the job would be: "Yes, (...) bad people can be good judges", answer hardly accepted by all. Malem Seña, far from giving a definite answer, ends his work with the insinuation that judges should maintain an image of morality, rather than being morally unimpeachable agents. This situation raises questions about different dimensions of analysis that have been shelved, and in particular try to analyze why this importance takes the image of morality. To do this, from the perspective of the concepts of Slavoj Žižek‘s ideology and fantasy, it will attempt to reach some responses or generate argumentative lines about the importance of the image of morality on morality itself. (shrink)

In this paper, I propose a novel interpretation of the role of the understanding in generating the unity of space and time. On the account I propose, we must distinguish between the unity that belongs to determinate spaces and times – which is a result of category-guided synthesis and which is Kant’s primary focus in §26 of the B-Deduction, including the famous B160–1n – and the unity that belongs to space and time themselves as all-encompassing structures. Non-conceptualist readers of Kant (...) have argued that this latter unity cannot be the product of categorial synthesis. While they are correct that this unity is not the product of any particular act of category-guided synthesis, I argue that conceptualists are right to nevertheless attribute this unity to the understanding. I argue that it is a result of what we can think of as the ‘original’ synthesis of understanding and sensibility themselves – it is a synthesis, moreover, in which the whole is logically prior to the parts. (shrink)

The aim of this paper is to analyze a selection of arguments used by the Argentine Supreme Court to reduce the sentence of individuals convicted of crimes against humanity. The focus will be primarily centered on “Muiña´s case”, in which a lenient outdated ruling was made. The questions that this work will try to answer revolve around the court´s merit in issuing this lenient ruling to Muiña´s case and its justification. First, Muiña´s case is analyzed in depth. Then, a critical (...) analysis about the ruling and a decision concerning the existence of a true justification will be developed. Finally, we will discuss the appropriateness of the Court’s decision in Muiña´s case as opposed to the decision made in “Batalla´s case”, in which a less beneficial law was applied retroactively. (shrink)

Academics working on military ethics and serving military personnel rarely have opportunities to talk to each other in ways that can inform and illuminate their respective experiences and approaches to the ethics of war. The workshop from which this paper evolved was a rare opportunity to remedy this problem. Our conversations about First Lieutenant (1LT) Portis’s experiences in combat provided a unique chance to explore questions about the relationship between oversight, accountability, and the idea of moral risk in military operations. (...) In this paper, we outline a particular experience of 1LT Portis’s that formed the basis of our discussions, before elucidating the ethical issues this experience raised. In particular, we see 1LT Portis’s experience as, first, illustrative of the problem of moral risk – when military personnel are placed in situations of moral temptation. The problem of moral risk, we propose, is best understood through the framework of the military’s duty of care. Second, we see his experience as highlighting tensions within the dominant moralized warrior model of the military profession. What we call a toxic warrior identity — a distorted form of the moralized warrior identity — can negatively affect the attitudes of military personnel toward rules, policies, procedures, and accountability mechanisms, particularly in relation to non-combat related roles and duties and when leaders must choose between competing bureaucratic demands. We see 1LT Portis’s experience as illustrative of these tensions, yet his experiences also highlight important concerns about the impact of increasing bureaucratic demands on military functioning. In the conclusion, we address the need to balance concerns about toxic warrior identity with legitimate criticisms of overly demanding bureaucracy and suggest avenues for further research on this issue. (shrink)

We suggest that the emerging field of the conservation humanities can play a valuable role in biodiversity protection in Papua New Guinea (PNG), where most land remains under collective customary clan ownership. As a first step to mobilising this scholarly field in PNG and to support capacity development for PNG humanities academics, we conducted a landscape review of PNG humanities teaching and research relating to biodiversity conservation and customary land rights. We conducted a systematic literature review, a PNG teaching programme (...) review, and a series of online workshops between the authors (10 PNG-based, 7 UK-based). We found a small but notable amount of PNG research and teaching focused on biodiversity conservation or customary land rights. This included explicit discussion of these topics in 8 of 156 PNG-authored humanities texts published 2010-2020 and related teaching content in the curricula of several different humanities-based programmes. We discuss current barriers to PNG academic development. The growth of fully fledged in-country conservation humanities will require a joint collaborative effort by PNG researchers, who are best placed to carry out such work, and researchers from abroad who can access resources to support the process. (shrink)

These comments are part of a book symposium on Karen Bennett's book, _Making Things Up_.

Alberto Casullo ("Necessity, Certainty, and the A Priori", Canadian Journal of Philosophy 18, 1988) argues that arithmetical propositions could be disconfirmed by appeal to an invented scenario, wherein our standard counting procedures indicate that 2 + 2 != 4. Our best response to such a scenario would be, Casullo suggests, to accept the results of the counting procedures, and give up standard arithmetic. While Casullo's scenario avoids arguments against previous "disconfirming" scenarios, it founders on the assumption, common to scenario and (...) response, that arithmetic might be independent of standard counting procedures. Here I show, by attention to tallying as the simplest form of counting, that this assumption is incoherent: given standard counting procedures, then (on pain of irrationality) arithmetical theory follows. (shrink)