In this position paper, we have used Alan Cooper’s persona technique to illustrate the utility of audio- and video-based AAL technologies. Therefore, two primary examples of potential audio- and video-based AAL users, Anna and Irakli, serve as reference points for describing salient ethical, legal and social challenges related to use of AAL. These challenges are presented on three levels: individual, societal, and regulatory. For each challenge, a set of policy recommendations is suggested.

Ambient assisted living technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap between (...) high-income countries and low and middle-income countries. Legal aspects mainly refer to the adherence to existing legal frameworks and cover issues related to product safety, data protection, cybersecurity, intellectual property, and access to data by public, private, and government bodies. Successful privacy-friendly AAL applications are needed, as the pressure to bring Internet of Things devices and ones equipped with artificial intelligence quickly to market cannot overlook the fact that the environments in which AAL will operate are mostly private. The social issues focus on the impact of AAL technologies before and after their adoption. Future AAL technologies need to consider all aspects of equality such as gender, race, age and social disadvantages and avoid increasing loneliness and isolation among, e.g. older and frail people. Finally, the current power asymmetries between the target and general populations should not be underestimated nor should the discrepant needs and motivations of the target group and those developing and deploying AAL systems. Whilst AAL technologies provide promising solutions for the health and social care challenges, they are not exempt from ethical, legal and social issues. A set of ELSI guidelines is needed to integrate these factors at the research and development stage. (shrink)

This paper analyses the arguments for and against what we have called automatic organ procurement model in relation to the organs of the deceased. For this purpose, this work provides empirical evidence to assess the potential impact of this model on donation rates and on public opinion. Specifically, we examine first the reasons supporting this model, with special reference to utilitarian and justice arguments. On the other hand, we analyse both the approaches based on the violation of pre mortem and (...) post mortem interests opposing this theoretical model and the rejection the model would generate in the population. Finally, we point out the aspects that, in our opinion, should be exhaustively regulated if this model were implemented. In particular, we refer to the legal status of the human body, the treatments for end-of-life patients, the incentives for health professionals and the recognition of the right to conscientious objection. (shrink)

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

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

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

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

Drawing on Husserl, Ingarden and Levinas’ works, this article explores Ibsen’s Rosmersholm from a phenomenological perspective, aiming to shed light both on this play and on the phenomenology of hunger and theatre, as well as on the larger meaning of alimentary enjoyment.

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

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

This article develops a constructive criticism of methodological conventionalism. Methodological conventionalism asserts that standards of inductive risk ought to be justified in virtue of their ability to facilitate coordination in a research community. On that view, industry bias occurs when conventional methodological standards are violated to foster industry preferences. The underlying account of scientific conventionality, however, is problematically incomplete. Conventions may be justified in virtue of their coordinative functions, but often qualify for posterior empirical criticism as research advances. Accordingly, industry (...) bias does not only threaten existing conventions but may impede their empirically warranted improvement if they align with industry preferences. My empiricist account of standards of inductive risk avoids such a problem by asserting that conventional justification can be pragmatically warranted but has, in principle, only a provisional status. Methodological conventions, therefore, should not only be defended from preference-based infringements on their coordinative function but ought to be subjected to empirical criticism. (shrink)

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

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

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

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

El artículo ofrece una lectura crítica de los presupuestos conceptuales del Transhumanismo, movimiento cultural, intelectual y científico, que afirma el deber moral de mejorar las capacidades físicas y cognitivas de la especie humana. Tal movimiento, de hecho, se propone re-proyectar la condición humana en modo de evitar la inevitabilidad del proceso de envejecimiento y las limitaciones del intelecto humano , a través de la aplicación de futuras tecnologías.Después de haber recorrido las etapas históricas que han llevado al surgimiento del movimiento (...) transhumanista, aclarando las líneas programáticas y las modalidades concretas a través de las cuales se realiza el paso del humano al post-humano, La autora propone una amplia reflexión crítica en torno a los fundamentos teóricos del Transhumanismo. En particular, se subrayan los límites de los presupuestos conceptuales de los cuales parte el Transhumanismo: una antropología reduccionista, una actitud acrítica en relación con el uso de la tecnología, y un rechazo ideológico de la metafísica que ha llevado a los transhumanistas a formular una confusión del concepto de persona y de dignidad. (shrink)

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

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

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

In having an experience one is aware of having it. Having an experience requires some form of access to one's own state, which distinguishes phenomenally conscious mental states from other kinds of mental states. Until very recently, Higher-Order (HO) theories were the only game in town aiming at offering a full-fledged account of this form of awareness within the analytical tradition. Independently of any objections that HO theories face, First/Same-Order (F/SO) theorists need to offer an account of such access to (...) become a plausible alternative. My aim in this paper is twofold. In the first place, I wish to widen the logical space of the discussion among theories of consciousness by offering a distinction, orthogonal to that between F/SO and HO theories, between what I will call 'Self-Involving' (SI) and 'Mental-State-Involving' (MSI) theories and argue in favor of the former one. In the second place, I will present the basics of a characterization of such a Self-Involving theory in Same-Order terms. (shrink)

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

Considering the war context and the emergence of the avant-garde in the early twentieth century, I base on this work the reasons why the presence of the concept of nivola, attributed by Miguel de Unamuno to refer to the literary technique used in his novel Mist (1914), provokes a possible confrontation between universes composed of elements of reality and the virtual. In that sense, it will be appropriate to explain the procedure that originates that collision of established plans. For (...) this, I will resort to literary categories that support the theories of fiction, according to the perception of Thomas Pavel and Marie-Laure Ryan. (shrink)

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

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

The well-known distinction between access consciousness and phenomenal consciousness has moved away from the conceptual domain into the empirical one, and the debate now is focused on whether the neural mechanisms of cognitive access are constitutive of the neural correlate of phenomenal consciousness. In this paper, I want to analyze the consequences that a negative reply to this question has for the cognitive phenomenology thesis – roughly the claim that there is a “proprietary” phenomenology of thoughts. If the mechanisms responsible (...) for cognitive access can be disentangled from the mechanisms that give rise to phenomenology in the case of perception and emotion, then the same disentanglement is to be expected in the case of thoughts. This, in turn, presents, as I argue, a challenge to the cognitive phenomenology thesis: either there are thoughts with cognitive phenomenology we lack cognitive access to or there are good reasons to doubt that there is such a thing as cognitive phenomenology. I discuss a... (shrink)

Considerando el contexto bélico y el surgimiento de las vanguardias a inicios del siglo XX, fundamento en este trabajo las razones por las cuales la presencia del concepto de nivola, atribuida por Miguel de Unamuno para hacer referencia a la técnica literaria que emplea en su novela Niebla (1914), suscita una confrontación posible entre universos compuestos por elementos de la realidad y lo virtual. En ese sentido, será propicio explicar el procedimiento que origina esa colisión de planos establecidos. Para (...) ello, recurriré a categorías literarias que sustentan las teorías de la ficción, según la percepción de Thomas Pavel y Marie-Laure Ryan. (shrink)

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

Recent experimental studies indicate that epistemically irrelevant factors can skew our intuitions, and that some degree of scepticism about appealing to intuition in philosophy is warranted. In response, some have claimed that philosophers are experts in such a way as to vindicate their reliance on intuitions—this has become known as the ‘expertise defence’. This paper explores the viability of the expertise defence, and suggests that it can be partially vindicated. Arguing that extant discussion is problematically imprecise, we will finesse the (...) notion of ‘philosophical expertise’ in order to better reflect the complex reality of the different practices involved in philosophical inquiry. On this basis, we offer a new version of the expertise defence that allows for distinct types of philosophical expertise. The upshot of our approach is that wholesale vindications or rejections of the expertise defence are shown to be unwarranted; we must instead turn to local, piecemeal investigations of philosophical expertise. Lastly, in the spirit of taking our own advice, we exemplify how recent developments from experimental philosophy lend themselves to this approach, and can empirically support one instance of a successful expertise defence. (shrink)

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

Representations are not only used in our folk-psychological explanations of behaviour, but are also fruitfully postulated, for example, in cognitive science. The mainstream view in cognitive science maintains that our mind is a representational system. This popular view requires an understanding of the nature of the entities they are postulating. Teleosemantic theories face this challenge, unpacking the normativity in the relation of representation by appealing to the teleological function of the representing state. It has been argued that, if intentionality is (...) to be explained in teleological terms, then the function of a state cannot depend on its phylogenetical history, given the metaphysical possibility of a duplicate of an intentional being that lacks an evolutionary history. In this paper, I present a method to produce, according to our current knowledge in genetic engineering, human-like individuals who are not the product of natural selection in the required sense. This variation will be used to shed light on the main replies that have been offered in the literature to the Swampman thought experiment. I argue that these replies are not satisfactory: representations should better not depend on natural selection. I conclude that a non-etiological notion of function is to be preferred for characterizing the relation of representation. (shrink)

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

The notion of the human embryo is not immutable. Various scientific and technological breakthroughs in reproductive biology have compelled us to revisit the definition of the human embryo during the past 2 decades. Somatic cell nuclear transfer, oocyte haploidisation and, more recently, human stem cell-derived embryo models have challenged this scientific term, which has both ethical and legal repercussions. Here, we offer a legal perspective to identify a universally accepted definition of ‘embryo’ which could help to ease and unify the (...) regulation of such entities in different countries. (shrink)

Higher-Order Thought (HOT) theories of consciousness maintain that the kind of awareness necessary for phenomenal consciousness depends on the cognitive accessibility that underlies reporting. -/- There is empirical evidence strongly suggesting that the cognitive accessibility that underlies the ability to report visual experiences depends on the activity of the dorsolateral prefrontal cortex (dlPFC). This area, however, is highly deactivated during the conscious experiences we have during sleep: dreams. HOT theories are jeopardized, as I will argue. I will briefly present HOT (...) theories in the first section. Section 2 offers empirical evidence to the effect that the cognitive accessibility that underlies the ability to report depends on the dorsolateral prefrontal cortex: dlPFC is the neural correlate of HOTs. Section 3 shows the evidence we have of the deactivation of this brain area during dreams and, in section 4, I present my argument. Finally, I consider and rejoin two possible replies that my opponent can offer: the possibility of an alternative neural correlate of HOTs during dreams and the denial that we have phenomenally conscious experiences during sleep. (shrink)

Higher-order thought theories of consciousness attempt to explain what it takes for a mental state to be conscious, rather than unconscious, by means of a HOT that represents oneself as being in the state in question. Rosenthal Consciousness and the self: new essays, Cambridge University Press, Cambridge, 2011) stresses that the way we are aware of our own conscious states requires essentially indexical self-reference. The challenge for defenders of HOT theories is to show that there is a way to explain (...) the required reference-fixing mechanisms that is compatible with the theory. According to Rosenthal, the reference to oneself as such is grounded in the disposition to identify the individual the HOT refers to as the individual who has that HOT. I argue that this leads to a vicious infinite regress on the more than plausible assumption that our cognitive capacities are limited. This leaves such theories without a foundation, since self-reference is thought essential to consciousness. (shrink)

A partir de un modelo semantico fundado por la relacion de presuposicion se construye un esquema de analisis narrativo de caracter diagramatico y articulacion relacional, que considera y se apoya en la nocion de Integracion Conceptual como dimension semiotica. Esta articulación se realiza al abarcar diferentes niveles de análisis que generan modalidades diagramaticas diversas. Se destacan de modo significativo procesos complejos de composicionalidad semántica (asociados a modos de síntesis categórica) en contraposición a procesos elementales de aditividad (asociados a sumas analíticas (...) o yuxtaposición paratáctica). Asimismo, a lo largo del análisis, quedarán establecidas las dimensiones composicionales que los sucesos de un relato “integran conceptualmente” en sus diversos procesos de simbolización. (shrink)

Cognitive theories claim, whereas non-cognitive theories deny, that cognitive access is constitutive of phenomenology. Evidence in favor of non-cognitive theories has recently been collected by Block and is based on the high capacity of participants in partial-report experiments compared to the capacity of the working memory. In reply, defenders of cognitive theories have searched for alternative interpretations of such results that make visual awareness compatible with the capacity of the working memory; and so the conclusions of such experiments remain controversial. (...) Instead of entering the debate between alternative interpretations of partial-report experiments, this paper offers an alternative line of research that could settle the discussion between cognitive and non-cognitive theories of consciousness. Here I relate the neural correlates of cognitive access to empirical research into the neurophysiology of dreams; cognitive access seems to depend on the activity of the dorsolateral prefrontal cortex. However, that area is strongly deactivated during sleep; a period when we entertain conscious experiences: dreams. This approach also avoids the classic objection that consciousness should be inextricably tied to reportability or it would fall outside the realm of science. (shrink)

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

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

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

Digital COVID certificates are a novel public health policy to tackle the COVID-19 pandemic. These immunity certificates aim to incentivize vaccination and to deny international travel or access to essential spaces to those who are unable to prove that they are not infectious. In this article, we start by describing immunity certificates and highlighting their differences from vaccination certificates. Then, we focus on the ethical, legal, and social issues involved in their use, namely autonomy and consent, data protection, equity, and (...) international mobility from a global fairness perspective. The main conclusion of our analysis is that digital COVID certificates are only acceptable if they meet certain conditions: that they should not process personal data beyond what is strictly necessary for the aimed goals, that equal access to them should be guaranteed, and that they should not restrict people’s autonomy to access places where contagion is unlikely. We conclude that, if such conditions are guaranteed, digital COVID certificates could contribute to mitigating some of the most severe socioeconomic consequences of the pandemic. (shrink)

The traditional approach in cognitive sciences holds that cognition is a matter of manipulating abstract symbols followingcertain rules. According to this view, the body is merely an input/output device, which allows the computationalsystem—the brain—to acquire new input data by means of the senses and to act in the environment following its com-mands. In opposition to this classical view, defenders of embodied cognition (EC) stress the relevance of the body inwhich the cognitive agent is embedded in their explanation of cognitive processes. (...) From a representationalist frameworkregarding our conscious experience, in this article, I will offer a novel argument in favor of EC and show that cognitionconstitutively—and no merely causally—depends upon body activity beyond that in the brain. In particular, I will arguethat in order to solve the problem derived from the empirical evidence in favor of the possibility of shifted spectrum,representationalist should endorse the view that experiences concern its subject: the content of experience isde se.Ishow that this claim perfectly matches the phenomenological observation and helps explaining the subjective characterof the experience. Furthermore, I argue that entertaining this kind of representation constitutively depends on bodilyactivity. Consequently, insofar as cognition depends on consciousness, it is embodied. (shrink)