In the remainder of this article, we will disarm an important motivation for epistemic contextualism and interest-relative invariantism. We will accomplish this by presenting a stringent test of whether there is a stakes effect on ordinary knowledge ascription. Having shown that, even on a stringent way of testing, stakes fail to impact ordinary knowledge ascription, we will conclude that we should take another look at classical invariantism. Here is how we will proceed. Section 1 lays out some limitations of previous (...) research on stakes. Section 2 presents our study and concludes that there is little evidence for a substantial stakes effect. Section 3 responds to objections. The conclusion clears the way for classical invariantism. (shrink)

Does the Ship of Theseus present a genuine puzzle about persistence due to conflicting intuitions based on “continuity of form” and “continuity of matter” pulling in opposite directions? Philosophers are divided. Some claim that it presents a genuine puzzle but disagree over whether there is a solution. Others claim that there is no puzzle at all since the case has an obvious solution. To assess these proposals, we conducted a cross-cultural study involving nearly 3,000 people across twenty-two countries, speaking eighteen (...) different languages. Our results speak against the proposal that there is no puzzle at all and against the proposal that there is a puzzle but one that has no solution. Our results suggest that there are two criteria—“continuity of form” and “continuity of matter”— that constitute our concept of persistence and these two criteria receive different weightings in settling matters concerning persistence. (shrink)

Infallibilism leads to skepticism, and fallibilism is plagued by the threshold problem. Within this narrative, the pragmatic turn in epistemology has been marketed as a way for fallibilists to address the threshold problem. In contrast, pragmatic versions of infallibilism have been left unexplored. However, I propose that going pragmatic offers the infallibilist a way to address its main problem, the skeptical problem. Pragmatic infallibilism, however, is committed to a shifty view of epistemic certainty, where the strength of a subject’s epistemic (...) state can vary depending upon the practical context. Pragmatic views of epistemic strength are quite radical so the argumentative goal of my discussion is to argue for its plausibility, thereby arguing for the plausibility of pragmatic infallibilism. To do so, I discuss the role that the framing of decision problems and the construction of our deliberative attitudes have in our theories of rational choice. And I explore a way in which these necessary components of a normative theory of rationality can be used to motivate pragmatic views of evidential support. Finally, since the plausibility of our pragmatic account will depend upon the plausibility of a constructive account of rational choice, I conclude by comparing the adequacy of the constructive account with orthodox Bayesian and knowledge-based accounts. (shrink)

Philip Kitcher’s The Ethical Project trios to vindicates ethics through an analysis of its evolutionary and cultural history, a history which in turn, he thinks, supports a particular conception of the role of moral thinking and normative practices in human social life. As Kitcher sees it, that role could hardly be more central: most of what makes human life human, and preferable to the fraught and impoverished societies of the great apes, depends on moral cognition. Prom this view of the (...) role of the ethical project as a social technology, Kitcher derives an account of moral progress and even moral truth: a normative analogue of the idea that truth is the convergence of rational enquiry. To Kitcher’s history, I present an anti-history. Most of what is good about human social life depends on the expansion of our social emotions, not on our capacities to articulate and internalise explicit norms. Indeed, since the Holocene and the origins of complex society, normative thought and normative institutions have been more prominent as tools of exploitation and oppression than as mechanisms of a social peace that balances individual desire with collective co-operation. I argue that the vindication project fails in its own terms: even given Kitcher’s distinctive pragmatic concept of vindication, history debunks rather than vindicates moral cognition. (shrink)

Because of the COVID-19 pandemic, procrastination has become commonplace due to changes in teaching and learning, which trigger students' academic burnout. As a result, it has increased the intensity of procrastination among students who are enrolled in online learning programs. As a result, students have difficulty as a result of the rapid change from in-person learning to online learning. The study investigates the relationship between academic burnout and procrastination among 150 grade 12 senior high school students. Hence, this study employed (...) a correlational design. Based on the inferential analysis, the r coefficient of 0.71 indicates a high positive correlation between the variables. The p-value of 0.00, which is less than 0.05, leads to the decision to reject the null hypothesis. Hence, a significant relationship exists between academic burnout and academic procrastination among grade 12 senior high school students. (shrink)

This study investigates the relationship between mental health and emotional intelligence among senior high school students in a public school. Thus, the study employed a correlational design to measure the relationship between mental health and emotional intelligence among 152 Grade 12 senior high school students in a public school. Hence, to measure the study’s variables - Mental Health Inventory and Emotional Intelligence Scale (EIS) were utilized. Based on the inferential statistics, the r coefficient of 0.32 indicates a low positive correlation (...) between the variables and a p-value of 0.00, indicating a significant relationship between the respondents' mental health and emotional intelligence. Implications and recommendations were discussed in the study. (shrink)

In this study, we examine the philosophical bases of one of the leading clinical psychological methods of therapy for anxiety, anger, and depression, Cognitive Behavioral Therapy (CBT). We trace this method back to its philosophical roots in the Stoic, Buddhist, Taoist, and Existentialist philosophical traditions. We start by discussing the tenets of CBT, and then we expand on the philosophical traditions that ground this approach. Given that CBT has had a clinically measured positive effect on the psychological well-being of individuals, (...) it becomes important to study the philosophical foundations on which this therapy is based. (shrink)

Philosophers ask just whose expression, if anyone’s, we hear in lyric poetry. Walton provides a novel possibility: it’s the reader who “uses” the poem (just as a speech giver uses a speech) who makes the language expressive. But worries arise once we consider poems in particular social or political settings, those which require a strong self-other distinction, or those with expressions that should not be disassociated from the subjects whose experience they draw from. One way to meet this challenge is (...) to consider the poem expressive of a plural subject, which frees us from looking for a particular individual whose voice we hear in the work, whether she be fictional or actual. Some lyrics give voice to a group whose experience is attended to in the work. This may be done through a posited fictional speaker, but the ontology of the speaker is shown to be less important. Attending to a group whose concerns are voiced allows us to explain how poems can manage to address our-worldly concerns even when lacking actual persons whose expressions we encounter in the poems. (shrink)

In men and women sexual arousal culminates in orgasm, with female orgasm solely from sexual intercourse often regarded as a unique feature of human sexuality. However, orgasm from sexual intercourse occurs more reliably in men than in women, likely reflecting the different types of physical stimulation men and women require for orgasm. In men, orgasms are under strong selective pressure as orgasms are coupled with ejaculation and thus contribute to male reproductive success. By contrast, women's orgasms in intercourse are highly (...) variable and are under little selective pressure as they are not a reproductive necessity. The proximal mechanisms producing variability in women's orgasms are little understood. In 1924 Marie Bonaparte proposed that a shorter distance between a woman's clitoris and her urethral meatus (CUMD) increased her likelihood of experiencing orgasm in intercourse. She based this on her published data that were never statistically analyzed. In 1940 Landis and colleagues published similar data suggesting the same relationship, but these data too were never fully analyzed. We analyzed raw data from these two studies and found that both demonstrate a strong inverse relationship between CUMD and orgasm during intercourse. Unresolved is whether this increased likelihood of orgasm with shorter CUMD reflects increased penile–clitoral contact during sexual intercourse or increased penile stimulation of internal aspects of the clitoris. CUMD likely reflects prenatal androgen exposure, with higher androgen levels producing larger distances. Thus these results suggest that women exposed to lower levels of prenatal androgens are more likely to experience orgasm during sexual intercourse. . (shrink)

These comments, which take the form of criticism and response, were the basis of a zoom conversation at the Eastern APA, January 2021. Josh is putting them up on philpapers (with permission from all involved) in case they are helpful to people interested in the themes of this book.

Sometimes two expressions in a discourse can be about the same thing in a way that makes that very fact evident to the participants. Consider, for example, 'he' and 'John' in 'John went to the store and he bought some milk'. Let us call this 'de jure' coreference. Other times, coreference is 'de facto' as with 'Mark Twain' and 'Samuel Clemens' in a sincere use of 'Mark Twain is not Samuel Clemens'. Here, agents can understand the speech without knowing that (...) the names refer to the same person. After surveying many available linguistic and pragmatic tools (intentions to corefer, presuppositions, meanings, indexing, discourse referents, binding etc.) I conclude that we must posit a new semantic primitive to account for de jure coreference. (shrink)

One of the best-known aspects of José Carlos Mariátegui’s philosophy is his concept of a revolutionary myth. What does this revolutionary myth entail, how and why did Mariátegui develop this idea? The following article situates Mariátegui’s thought in both the historical and intellectual context of the 1920’s in order to answer these questions. This is relevant because Mariátegui’s philosophy and his revolutionary myth have influenced several Latin American revolutionaries such as Ernesto Che Guevara and Sendero Luminoso (Shining Path). Mariátegui’s ideas (...) have thus changed the lives and history of Latin Americans and it is important that we neither demonize nor idolize Mariátegui’s intellectual work without first attempting to understand it. (shrink)

How can we ameliorate the current immigration policies toward Mexican people immigrating to the United States? This study re-examines how the development of scenarios assisted South Africa to dismantle apartheid without engaging in a bloody civil war. Following the scenario approach, we articulate positions taken by different interest groups involved in the debate concerning immigration from Mexico. Next, we formulate a set of scenarios which are evaluated as to how well each contributes to the well-being of the populace both of (...) Mexico and of the United States. The South African scenario model has proven to be an effective tool in times of political disagreement. It fosters a common language among competing groups, non-hierarchal communication among groups, and acknowledgement of the concerns of each group involved. (shrink)

_ Source: _Page Count 25 This is a pre-print. Please cite only the revised published version. This paper presents an original, ambitious, truth-directed transcendental argument for the existence of an ‘external world’. It begins with a double-headed starting-point: Stroud’s own remarks on the necessary conditions of language in general, and Hegel’s critique of the “fear of error.” The paper argues that the sceptical challenge requires a particular critical concept of thought as that which may diverge from reality, and that this (...) concept is possible only through reflection on situations of error, in which how things are thought to be diverges from how things really are with independent items in an objective world. The existence of such a world is therefore a necessary condition of the possibility of scepticism: such scepticism is therefore false. I defend the argument against objections from Stroud’s sceptic and others. Drawing on Heidegger, the paper concludes by indicating that the chain of necessary conditions includes practical engagement with the world. (shrink)

Socioeconomic status refers to the family's social and economic standing in society. It is measured by combining an individual or group's economic and social position, which is often based on income, education, and occupation. It significantly affects academic performance and even one's health status. The pandemic changed the educational system, causing a huge transition from traditional learning methods to online learning. This shift resulted in confusion, burden, and difficulty among students from different walks of life. This study was conducted to (...) determine the academic stress on online learning among nursing students in relation to their economic status and their ability to access technology. The study utilized a quantitative-correlational method aided by a standard questionnaire. Two hundred thirty-six University of Bohol nursing students enrolled in the second semester of SY 2021–2022 were included in the study by random selection. Data revealed a significant correlation between economic status and the level of stress related to academic expectations and a significant correlation between economic status and access to technology after being subjected to the Spearman rho test of correlation. However, no significant correlation was found between access to technology and the respondents' level of academic stress. (shrink)

Drawing on the work of John Rawls and Thomas Pogge, I argue that the U.S. is in part responsible for the immigration of Mexicans and Central Americans into the U.S. By seeking to further its national interests through its foreign policies, the U.S. has created economic and politically oppressive conditions that Mexican and Central American people seek to escape. The significance of this project is to highlight the role of the U.S. in illegal immigration so that we may first acknowledge (...) our responsibility in order to seek lasting humane solutions. (shrink)

Human behavior is frequently described both in abstract, general terms and in concrete, specific terms. We asked whether these two ways of framing equivalent behaviors shift the inferences people make about the biological and psychological bases of those behaviors. In five experiments, we manipulated whether behaviors are presented concretely (i.e. with reference to a specific person, instantiated in the particular context of that person’s life) or abstractly (i.e. with reference to a category of people or behaviors across generalized contexts). People (...) judged concretely framed behaviors to be less biologically based and, on some dimensions, more psychologically based than the same behaviors framed in the abstract. These findings held true for both mental disorders (Experiments 1 and 2) and everyday behaviors (Experiments 4 and 5) and yielded downstream consequences for the perceived efficacy of disorder treatments (Experiment 3). Implications for science educators, students of science, and members of the lay public are discussed. (shrink)

S. C. Gibb holds that some mental events enable physical events to take place by acting as ‘double preventers’ which prevent other mental events from effecting change in the physical domain. She argues that this enables a dualist account of psychophysical interaction consistent with the causal relevance of mental events, their distinctness from physical events, the causal closure of the physical and the exclusion of systematic overdetermination. While accepting the causal powers metaphysic, this paper argues that: Closure is maintained only (...) on the assumption of an implausible pre-ordained harmony between preventing and double-preventing mental events. Distinctness is preserved only at the cost of positing brute unexplained powers of mental and physical events to causally interact with each other. Exclusion is systematically violated in a substantial number of everyday cases. The case for Relevance made by the Double Prevention model is accordingly too weak to sustain a dualist approach to mental causation. (shrink)

This paper argues that the standard formulations of the question of how consciousness emerges, both synchronically and diachronically, from the physical world necessarily use a concept of the physical without either a clear grasp of the concept or an understanding of the necessary conditions of its possibility. This concept will be elucidated and some of the necessary conditions of its possibility explored, clarifying the place of the mental and the physical as abstractions from the totality of an agent engaged in (...) the life world. The notion of a disruption or breakdown in the agent’s normal engagements in the world will play a key role in the argument, which in turn provides a transcendental underpinning to recent enactive and embodied theories of mind by exploring some of the necessary conditions of being an agent in the world. (shrink)

Special relativity has changed the fundamental view on space and time since Einstein introduced it in 1905. It substitutes four dimensional spacetime for the absolute space and time of Newtonian mechanics. It is believed that the validities of Lorentz invariants are fully confirmed empirically for the last one hundred years and therefore its status are canonical underlying all physical principles. However, spacetime metric is a geometric approach on nature when we interpret the natural phenomenon. A geometric flaw on this will (...) be exhibited and the alternative is suggested. The reasonable geometric model of space and time is a three dimensional space which is translating along the time direction. This model legitimately represents the true characteristic of nature. (shrink)

Bernard Williams’ Shame and Necessity (1993) was an influential early contribution to what has become a broader movement to rehabilitate shame as a moral emotion. But there is a tension in Williams’ discussion that presents an under-appreciated difficulty for efforts to rehabilitate shame. The tension arises between what Williams takes shame in its essence to be and what shame can do—the role that shame can be expected to play in ethical life. Williams can—and we argue, should—be read as avoiding the (...) difficulties stemming from this tension, but this requires a reevaluation of several of his central claims about shame’s role in ethical thought and experience. For instance, his broad claims that the “structures of shame” can “give a conception of one’s ethical identity” (93), and that shame “mediates … between ethical demands and the rest of life” (102), cannot be taken at face value. What emerges is a view that is in a sense less ambitious, but also more in tune with the spirit of Williams’ larger project. There may also, we suggest, be a more general lesson: We should be suspicious of the temptation to seek some special affinity between shame and ethical life, lest we distort our understanding of both. (shrink)

Being robustly committed to state neutrality which does not permit the promotion of liberal-perfectionist ideals and denying that there is anything normatively relevant or ‘special’ about religion leaves liberal-egalitarians embroiled in a paradox. If religion is not special, how and why do liberal states afford it differential treatment (in comparison with non-religious analogues like secular doctrines or deeply-held beliefs of individual conscience)? This paper explores liberal-egalitarian strategies for resolving this paradox with predominant reference to the disaggregation strategy advanced by Cécile (...) Laborde. After discussing the novelty and advantages of disaggregation relative to other liberal-egalitarian strategies, the paper distinguishes between the coverage and the basis in justification of differential treatment to argue that disaggregation does not ultimately succeed in solving the latter. Despite this, reflecting on the clarifications achieved through disaggregation and the deeper issues of justification and justice emerging therefrom, the paper concludes by proposing the need to consider a lateral solution to the paradox and speculating on what this might look like. (shrink)

Being robustly committed to state neutrality which does not permit the promotion of liberal-perfectionist ideals and denying that there is anything normatively relevant or ‘special’ about religion leaves liberal-egalitarians embroiled in a paradox. If religion is not special, how and why do liberal states afford it differential treatment (in comparison with non-religious analogues like secular doctrines or deeply-held beliefs of individual conscience)? This paper explores liberal-egalitarian strategies for resolving this paradox with predominant reference to the disaggregation strategy advanced by Cécile (...) Laborde. After discussing the novelty and advantages of disaggregation relative to other liberal-egalitarian strategies, the paper distinguishes between the coverage and the basis in justification of differential treatment to argue that disaggregation does not ultimately succeed in solving the latter. Despite this, reflecting on the clarifications achieved through disaggregation and the deeper issues of justification and justice emerging therefrom, the paper concludes by proposing the need to consider a lateral solution to the paradox and speculating on what this might look like. (shrink)

A non-relativistic quantum mechanical theory is proposed that describes the universe as a continuum of worlds whose mutual interference gives rise to quantum phenomena. A logical framework is introduced to properly deal with propositions about objects in a multiplicity of worlds. In this logical framework, the continuum of worlds is treated in analogy to the continuum of time points; both “time” and “world” are considered as mutually independent modes of existence. The theory combines elements of Bohmian mechanics and of Everett’s (...) many-worlds interpretation; it has a clear ontology and a set of precisely defined postulates from where the predictions of standard quantum mechanics can be derived. Probability as given by the Born rule emerges as a consequence of insufficient knowledge of observers about which world it is that they live in. The theory describes a continuum of worlds rather than a single world or a discrete set of worlds, so it is similar in spirit to many-worlds interpretations based on Everett’s approach, without being actually reducible to these. In particular, there is no splitting of worlds, which is a typical feature of Everett-type theories. Altogether, the theory explains (1) the subjective occurrence of probabilities, (2) their quantitative value as given by the Born rule, and (3) the apparently random “collapse of the wavefunction” caused by the measurement, while still being an objectively deterministic theory. (shrink)

Subtractive schooling is a type of pedagogy that subtracts from the student aspects of her identity in order to assimilate and reshape her identity to fit the American mainstream. Here, I question the value of assimilation as it takes place in our public school systems. Currently, immigrant children are often made to feel inadequate for being culturally different. This is detrimental to their development as students given that at their young age they do not yet have the emotional maturity to (...) know that their experience, language and culture are legitimate and valuable. My goal is to shift the focus of subtractive schooling to one that fosters the growth of students through recognition. I suggest that John Dewey’s and Paulo Freire’s pedagogy of recognition is a helpful approach to this problem. Both Dewey and Freire’s pedagogy emphasize recognition as central to their pedagogy. (shrink)

그동안 많은 전문서적을 출간한 경험을 가지고 있지만, 이번 출간하는 법과 생활은 생활 현장에서 느낀 바를 진솔하게 담고 있어 독자들이 쉽게 읽을 수 있게 하였다. 항상 법이 무엇인가를 생각하면서 단조로운 일상을 살아야 하는 변호사, 법학교수로서, 우리 주변의 이야기는 빈곤한 사고의 저변을 넓혀 준다. 조선대학교 법사회대학에서 학생들을 가르치는 백면서생이지만, 서울과 광주를 오가면서 한국 사회를 객관적으로 바라볼 수 있는 시간을 가질 수 있었던 것은 본서 출간을 가능하게 한 동인이었다. 본 서는 정밀한 법이론이나 사례 분석, 또는 판례에 대한 학술적 비평을 담고 있지 않다. 다만 (...) 지난 수년간 느껴온 바를 일상의 시간에 연결한 천학비재한 한 법학도의 단상과 에세이 모음집이라 할 수 있다. 페이스북을 통하여 발표된 글들을 정리하여 학술적 외관을 씌운 부끄러운 졸작이다. 그러나 저자로서 작은 소망이 있다면, 그것은 독자들이 함께 살아 온 시간들을 반추하면서, 민주주의와 법치주의의 가치를 조금이라도 음미할 수 있었으면 하는 것이다. (shrink)

춘래 불사춘이라 ‘봄이 왔지만 봄 같지 않다’라는 선현들의 말씀이 남의 일이 아닌 요즘 세상이다. 혼탁한 정치와 메말라가는 인간들로 우리 사회는 양들의 침묵 같이 감성이 메말라 버리고 우리의 사회 생활은 사하라 사막 같이 황량하고 무미 건조하게 되어 가고 있다. 과학 기술의 발전으로 페북이라는 작은 표현의 장을 얻어 남기고 싶은 느낌들을 시로 긁적거리기 수년이 지났다. 페북의 빈 페이지는 마치 사막의 오아시스처럼 잠시나마 생각을 표현하고 이를 지인들과 공유할 수 있게 한다. 본 시선 1집은 2020년 경 페북 시들을 모아 본 것이다. 시라고 하지만 무엇이 (...) 시인지 아직도 감을 못잡고 있는 가운데 그저 진솔한 느낌을 글로 전해 보려는 작은 마음으로 아직도 페북에 시 형식으로 글을 쓰고 있다. 제 2집 제 3집처럼 씨리즈로 출간해 볼 요량이다. 무엇보다도 걱정되는 것은 직접적인 서정적 표현이 아닌 비유와 풍자적 표현이 많아 시를 통하여 감성적 만족을 얻으려는 독자의 기대에 모자라지 않을까 걱정된다. 다만 풍자와 해학으로 이해하면서 감상하면 망외의 즐거움이 아닐까 한다. 본 시선 모음은 독자의 지루함을 덜기 위하여 중간 중간에 사진을 삽입하였다. 시의 감상과 함께 자연과 가족이 가져다 주는 오붓한 느낌을 공유할 수 있었으면 하는 바램이다. 2023년 여름이 짙어져 가고 있다. 예년보다 더한 폭염이 온다는 예보 속에 독자들의 건강과 행복을 기원한다. (shrink)

여름은 가을의 풍성한 수확을 위하여 땀 흘리는 계절이다. 김기영 시모음 제 1권에 이어 여름의 풍성함-내맘대로 세상이라는 제목으로 제 2권을 펴내게 되었다. 모쪼록 더위에 행운과 건강이 함께 하길 기원하면서 엉터리 사마천 같은 우리의 시간 기록과 함께 삭막한 세상의 반려가 되었으면 하는 바램이다.

버리고 비우는 일은 결코 소극적인 삶이 아니라 지혜로운 삶의 선택이라는 법정 스님의 말씀이 새삼 가슴에 사무치는 가을입니다. 우리는 버리고 비우지 않고는 새것이 들어설 수 없다는 지혜를 알고 있습니다. 가을은 나눔의 계절입니다. 오늘은 나눔의 날입니다. 내 마음에 가득 고인 고마운 마음을 이웃과 나누고 싶습니다. 보잘 것 없는 생각의 편린들이지만 나도 나눌 수 있다는 것이 고맙습니다. 가을의 풍성함과 쓸쓸함은 인생의 진리인 듯 합니다. 들판의 곡식이 다 내 것이 아니고 나무의 열매가 다 내 것이 아니지만 추수의 계절은 우리에게 감사한 마음을 가져다 주고 모든 (...) 수고로운 사람들과 만물에 감사하는 계절임에 분명합니다. 모두에게 고마운 마음을 전하고 싶은 소박한 마음에 김기영 시모음 제 1권, 제 2권에 이어 『가을이 보내온 편지-우거에서』 라는 제목으로 제 3권을 펴내게 되었읍니다. 모쪼록 풍성한 가을을 맞아 행운과 건강이 함께 하길 기원하면서 엉터리 사마천 같은 우리의 시간 기록과 함께 삭막한 세상 살이에 위로가 될 수 있었으면 좋겠습니다. (shrink)

법을 공부하고 법을 가르치는 법학도나 법학 교수, 그리고 현실 사회에서 법과 정의를 구현하기 위하여 묵묵히 자신의 책무를 수행하는 일선 법률가들을 생각하며 조금이라도 도움이 될 수 있는 글을 써 보겠다는 마음으로 페북에 글을 올리기 시작한지 어언 5년 가까이 되고 있다. 우리 법률전문가들은 세상의 진실에 눈을 감고 진리를 왜곡하는 곡학아세의 길을 걷는 것을 항상 경계하여야 한다. 특히 좌우 정치가 자리를 잡아가면서 법률가들 마저 파벌을 이루어 법을 생각하기 앞서 자파의 이익을 생각하는 현실을 부인하기 어렵다. 이는 우리에게 양심의 회복을 질책한다. 무매한 민중을 호도하고 국가의 (...) 기강이자 바른 초석이어야 할 법과 법지식을 우롱하는 것이라 아니할 수 없다. 이는 민주주의와 함께 우뚝 서야 할 법치주의를 갉아 먹는 행태라 아니할 수 없다. 조심스러운 마음에서 같이 공부하여야겠다는 생각으로 ‘인간과 사회 그리고 법에 관한 성찰’이라는 제목으로 책을 출간하기로 마음 먹었다. 본서는 한 법률과목을 전문적으로 다루었다거나, 법이론이나 법해석학 관련 주제를 체계적으로 다룬 서적이 아니다. 그렇다고 법 실무에 도움이 될 수 있는 구체적이고 실무적인 문제를 다루고 있는 것도 아니다. 본서는 우리의 일상을 기반으로 법에 관한 단상, 그리고 관련되는 이론들을 생각나는대로 기술한 책이다. 변호사. 법률가. 법학교수, 법학도 등이 제 1차로 독자가 될 수 있을 것이지만, 그 밖에 인간, 사회, 법에 관심 있는 시민 모두가 즐겁게 읽을 수 있도록 엮으려고 노력하였다. 천학비재한 주제에도 화광동진(和光同塵)의 심정으로 출간에 나아가면서 감히 일독을 권하는 바이다. (shrink)

En este ensayo exploramos una perspectiva epistemológica en la que el elemento social y colectivo del conocimiento juega un papel fundamental en la explicación de su producción y transmisión. Primero presentamos y criticamos una posición individualista que ha sido dominante en la epistemología contemporánea y cuyas raíces pueden trazarse, al menos, hasta Descartes. Posteriormente introducimos y defendemos nuestra propia mirada, una en la que el conocimiento es un proceso constituido por un conjunto de actividades y prácticas que tiene un carácter (...) material. (shrink)

This article examines whether Nietzschean agonistic democracy theory can be a plausible alternative to Chantal Mouffe’s model. Agonistic democracy theory has Carl Schmitt or Nietzsche as its philosophical source. In the case of Mouffe, she constructed her model based on Schmitt. However, her Schmitt-based model is vulnerable to four criticisms. First, the distinction between ‘worthy opponents’ and ‘enemy’ is ambiguous. Second, it is inconsistent to simultaneously claim ‘the ontological fundamentality of antagonism’ and ‘agonism without antagonism.’ Third, her agonism can not (...) capture the pluralistic world, since it is trapped in the telos of self-preservation. Fourth, there are no theoretical factors to maintain her agonism, and there is no explanation for the degree of conflict that can sustain her model. Unlike Mouffe, Nietzschean like Connolly and Owen provides agonistic democracy theories based on Nietzsche. After analyzing and reconstructing Nietzsche’s text and Nietzschean’s discussions, I will argue that the Nietzschean model can overcome some thresholds of Mouffe’s model. (shrink)

The controversy around the accommodation of conscientious objections in medicine persists, especially for such contentious services as abortions. COs are typically considered in their negativ...

The articles in this issue represent the pursuit of a new understanding of the human past, one that can replace the neo-saltationist view of a human revolution with models that can account for the complexities of the archaeological record and of human social lives. The articulation of archaeological, philosophical, and biological perspectives seems to offer a strong foundation for exploring available evidence, and this was the rationale for collecting these particular articles. Even at this preliminary stage there is a coherence (...) emerging in proposals: the origin and operation of symbolically rich, complexly signaling human social systems was the consequence of the long-term evolution of multiple components of perceiving and negotiating social interactions, a contingent outcome of myriad adaptive shifts rather than a single event. (shrink)

I argue that truth is relative (in the sense recently defended by some prominent analytical philosophers) by focusing on some semantic issues raised by Einstein's theory of relativity together with our ordinary attributions of truth.

In his recent work, "The Collapse of the Fact-Value Dichotomy," Hilary Putnam traces the history of the fact-value dichotomy from Hume to Stevenson and Logical Positivism. The aim of this historical reconstruction is to undermine the foundations of the dichotomy, showing that it is of a piece with the dichotomy - untenable, as we know now - of "analytic" and "synthetic" judgments. Putnam's own thesis is that facts and values are "entangled" in a way that precludes any attempt to draw (...) a sharp distinction between "value judgments" and "matters of fact." The idea of an "entanglement of facts and values" Putnam rightly attributes to John Dewey, who - we should add - made of it the main issue in his controversy with Logical Positivism. Nevertheless, a closer inspection of the problem whose history Putnam summarizes could bring into light important aspects of it that have been neglected. It is worth reading in this connection the intercourse between Dewey and Stevenson. Secondly, it is striking that Putnam's version of the history of the fact-value dichotomy hardly mentions the problem that caused this very dichotomy to arise in the first place: i. e., the problem of insoluble moral disagreements. By contrast, Dewey's attack on the dualism of fact and value can be read as an attempt to redescribe this kind of disagreements in a way that makes room for intelligent inquiry, and consequently for rational expectations of agreement. The "entanglement thesis" surely is a part of this re-description. But then it must have implications - particularly for the analysis of value-justification - which are overlooked, or by-passed, by Putnam. This leaves the question open whether Putnam and Dewey subscribe to different versions of pragmatism with regard to norms and values. (shrink)

People generally accept that there is causation by omission—that the omission of some events cause some related events. But this acceptance elicits the selection problem, or the difficulty of explaining the selection of a particular omissive cause or class of causes from the causal conditions. Some theorists contend that dependence theories of causation cannot resolve this problem. In this paper, we argue that the appeal to norms adequately resolves the selection problem for dependence theories, and we provide novel experimental evidence (...) for it. (shrink)

Este artículo se opone a la tesis recientemente sostenida por John Searle según la cual no existen los derechos humanos positivos. Argumentamos que la existencia de dichos derechos no es contradictoria, como pretende Searle, con las nociones de "derecho" y"derechos humanos" definidas en su ontología social. Por consiguiente, es posible aceptar la ontología social de Searle y afirmar al mismo tiempo que los derechos humanos positivos existen. En segundo lugar, ofrecemos razones para cuestionar la supuesta prioridad lógica de una ontología (...) social al modo en que Searle la entiende (esto es, como una empresa puramente analítica) sobre los desarrollos más específicos de la filosofía moral, social y política. Al contrario, sugerimos que, por lo que se refiere a la realidad social, los compromisos ontológicos dependen de los presupuestos sustantivos que se adopten en relación con la naturaleza y los fines de la sociedad misma, o bien no pasarán de ser un formalismo vacío sin relevancia heurística alguna. [This paper challenges the point recently made by John Searle that there are no positive human rights. We contend that the existence of positive human rights is not inconsistent, as Searle argues, with the notions of "right" and "human rights" as defined in his social ontology. Therefore, one could adhere to Searle's social ontology and assert the existence of positive human rights at the same time. Subsequently, the paper gives reason to question the alleged logical priority of social ontology in Searle's sense (i.e., as a purely analytic endeavour) over the particular developments of moral, social, and political philosophy. We suggest, on the contrary, that concerning social reality ontological commitments are dependent on substantive assumptions about the nature and aims of society itself, or else they amount to an empty formalism with no heuristic relevance.]. (shrink)

This paper will delve into the problem of Good Governance in the light of Kong Zi. What makes up a Just State? What are the elements that constitute a prosperous Kingdom? What principles of Confucianism can we employ to achieve a just and humane society? These are the primary questions that we will try to investigate as we go along. The paper will be thus divided into three essential parts: The Notion of Li and the Sovereign, The ConfucianMoral Ideal, and (...) lastly, The Great Commonwealth. (shrink)