This book, now open-access from OUP, develops a normative theory of political responsibility for solidarity with poor populations by engaging closely with empirical studies of poor-led social movements in the Global South. Monique Deveaux rejects familiar ethical framings of problems of poverty and inequality by arguing that normative thinking about antipoverty remedies needs to engage closely with the aims, insights, and actions of “pro-poor,” poor-led social movements. Defending the idea of a political responsibility for solidarity, nonpoor outsiders—individuals, institutions, and (...) states—can help to advance a transformative anti-poverty agenda only by supporting the efforts of these movements. (shrink)

It is not uncommon for philosophers to name disinterestedness, or some like feature, as an essential characteristic of love. Such theorists claim that in genuine love, one’s concern for her beloved must be non-instrumental, non-egocentric, or even selfless. These views prompt the question, “What, if any, positive role might self-interestedness play in genuine love?” In this paper, I argue that attachment, an attitude marked primarily by self-focused emotions and emotional predispositions, helps constitute the meaning and import of at least some (...) kinds of adult reciprocal love. In this way, attachment represents a type of self-interestedness that not only contributes positively to such relationships but is also essential to them. (shrink)

In this paper, we draw on developmental findings to provide a nuanced understanding of background emotions, particularly those in depression. We demonstrate how they reflect our basic proximity (feeling of interpersonal connectedness) to others and defend both a phenomenological and a functional claim. First, we substantiate a conjecture by Fonagy & Target (International Journal of Psychoanalysis 88(4):917–937, 2007) that an important phenomenological aspect of depression is the experiential recreation of the infantile loss of proximity to significant others. Second, we argue (...) that proximity has a particular cognitive function that allows individuals to morph into a cohesive dyadic system able to carry out distributed emotion regulation. We show that elevated levels of psychological suffering connected to depressive background emotions may be explained not only in terms of a psychological loss, but also as the felt inability to enter into dyadic regulatory relations with others—an experiential constraint that decreases the individual’s ability to adapt to demanding situations. (shrink)

We often use the term “attachment” to describe our emotional connectedness to objects in the world. We become attached to our careers, to our homes, to certain ideas, and perhaps most importantly, to other people. Interestingly, despite its import and ubiquity in our everyday lives, the topic of attachment per se has been largely ignored in the philosophy literature. I address this lacuna by identifying attachment as a rich “mode of mattering” that can help to inform certain aspects of agency (...) and emotion. First, drawing on insights from Ancient stoicism and developmental and clinical psychology, I suggest that the relevant form of attachment involves a felt need for its object and a particular relationship between the object and the attached agent’s sense of security. I then argue that these features serve to distinguish the attitude from the more philosophically familiar notion of caring. Finally, I show that recognizing this form of attachment as a distinct mode of mattering has important implications for understanding grief. (shrink)

Authenticity has become a widespread ethical ideal that represents a way of dealing with normative gaps in contemporary life. This ideal suggests that one should be true to oneself and lead a life expressive of what one takes oneself to be. However, many contemporary thinkers have pointed out that the ideal of authenticity has increasingly turned into a kind of aestheticism and egoistic self-indulgence. In his book, Varga systematically constructs a critical concept of authenticity that takes into account the reciprocal (...) shaping of capitalism and the ideal of authenticity. Drawing on different traditions in critical social theory, moral philosophy and phenomenology, Varga builds a concept of authenticity that can make intelligible various problematic and potentially exhausting practices of the self. (shrink)

Este ensayo practica una hermenéutica a Totalidad e infinitoa partir de cinco epígrafes, abocados todos a explorar los múltiples sentidos de la propuesta levinasianaen torno al fundamentotrascendental de lo ético.El primer apartado busca analizar la relación entre lo que Lévinas designa como lafaz del sery el concepto de totalidad; en el epígrafe siguiente se explicita la diferencia existente, en el interior de la comprensión temporal de lo total, entre lohistóricoy loescatológico; en eltercerepígrafe se analizan los móviles que llevan a Lévinas (...) a sustituir lo metafísico por lo ético, revelando a este segundo saber como filosofíaprimera; y, finalmente, el cuarto y el quinto epígrafe quedan dedicados a entender dos conceptos que, entrelazados, condensan la matriz conceptual desde donde Lévinas acentúa la originalidad de su propuesta: el rostro del Otroy la idea de infinito. (shrink)

This essay describes and analyzes the four versions of the biblical story of Abraham proposed by Johannes de Silentio (a pseudonym used by Kierkegaard) in Fear and Tremblingto understand, from the movement of faith, how in none of these versions is the absurdity that claims the leap of the religious realized. Next, we explain Kierkegaard’s views on ethics and selfhood to then delve into the inextricable paradox that faith signifies and the radical movement that it demands for the existent.

Scaffolded Minds offers a novel account of cognitive scaffolding and its significance for understanding mental disorders. The book is part of the growing philosophical engagement with empirically informed philosophy of mind, which studies the interfaces between philosophy and cognitive science. It draws on two recent shifts within empirically informed philosophy of mind: the first, toward an intensified study of the embodied mind; and the second, toward a study of the disordered mind that acknowledges the convergence of the explanatory concerns of (...) psychiatry and interdisciplinary inquiries into the mind. The book sets out to accomplish a dual task: theoretical mapping of cognitive scaffolding; and the application/calibration of fine-grained philosophical distinctions to empirical research. It introduces the notion of actively scaffolded cognition (ASC) and offers a taxonomy that distinguishes between intrasomatic and extrasomatic scaffolding. It then shows that ASC offers a productive framework for considering certain characteristic features of mental disorders, focusing on altered bodily experience and social cognition deficits. (shrink)

Abstract -/- The objective of this article is to understand, in the Phenomenology of the spirit, how the dialectical movement that occurs in consciousness takes place as soon as it is recognized as self-consciousness. For this, it is of vital importance to re-visit the first whole movement that makes consciousness, in Phenomenology, in order to understand how it is capable of recognizing itself as a self-consciousness. -/- .

The DSM‐5 highlights two essential psychological features of anorexia nervosa (AN): recalcitrant fear of gaining weight and body image disturbance. Prominent accounts grant false beliefs about body weight and shape a central role in the explanation of AN behavior. In this article, we propose a stronger emphasis on recalcitrant fear. We show that such fear can explain AN behavior without the intermediary of a false belief, and thus without the associated explanatory burdens and conceptual difficulties. We illustrate how shifting the (...) emphasis from false belief to recalcitrant fear can supplement a number of different non‐doxastic models of AN. (shrink)

The present text sets out to determine the relationships between the concepts of despair and selfhood in Søren Kierkegaard's Sikness unto Death. For this, a hermeneutic, as exhaustive as possible, is applied to the discernment of the concept itself, to later relate it to what the Danish calls despair. After clarifying the relationship between both concepts, examples of the desperate Kierkegaardian man abound in order to verify the irremediable discordance between the constituent elements of the self-given, his unresolved relationship with (...) God. (shrink)

How should liberal democratic states respond to cultural practices and arrangements that run afoul of liberal norms and laws? This article argues for a reframing of the challenges posed by traditional or nonliberal cultural minorities. The author suggests that viewed from up close, such dilemmas are revealed to be primarily intracultural rather than intercultural conflicts, and reflect the political and practical interests of factions of communities much more than deep moral differences. Using the example of the reform of customary marriage (...) laws in post-apartheid South Africa, this article makes the case for a more pragmatic, politically focused approach to resolving conflicts of culture that it is argued is both more democratic and effective than alternatives recently advanced by liberals and deliberative democracy theorists. (shrink)

Recent criticisms of medicine converge on fundamental questions about the aim of medicine. The main task of this paper is to propose an account of the aim of medicine. Discussing and rejecting the initially plausible proposal according to which medicine is pathocentric, the paper presents and defends the Autonomy Thesis, which holds that medicine is not pathocentric, but sanocentric, aiming to promote health with the final aim to enhance autonomy. The paper closes by considering the objection that the Autonomy Thesis (...) is overly permissive and allows many highly controversial procedures as legitimate parts of medicine. (shrink)

The Philosophy of Psychiatry is a unique area of research because the nature of the subject matter leads to quite distinct methodological issues. Naturalism, Interpretation, and Mental Disorder is an original new work focusing on the challenges we face when trying to interpret and understand mental illness. The book integrates a hermeneutical perspective, and shows how such an approach can reveal important facts about historical sources in psychiatry and the nature of dialogue in the therapeutic encounter. In addition, the book (...) demonstrates how such an approach can be valuable for understanding the concept of mental disorder itself. Naturalism, Interpretation, and Mental Disorder brings fresh thinking to the philosophy of psychiatry, and will be of interest to students and scholars in the fields of Mental Health and Philosophy. (shrink)

In “Freedom and Resentment,” P.F. Strawson (1962) introduced the “reactive attitudes” as attitudes to which we are prone in response to a moral agent’s expressed quality of will. Theorists have since represented a subset of those attitudes as modes of holding agents responsible. To resent another for some wrongdoing – or again, to experience moral indignation toward her – is to hold her responsible for the act. To experience guilt, on the other hand, is to hold oneself responsible. Importantly, on (...) many accounts, we can also hold ourselves and others responsible for morally good actions. Though the locution sounds a bit odd, in experiencing gratitude toward my neighbor for helping me move, I, in some sense, “hold him responsible” for his supererogatory act. And just as gratitude is the positive analog of resentment, there would seem to be a positive analog of guilt as well. Theorists have variously referred to this attitude as moral self-congratulations, moral self-approbation, and (a kind of) moral pride. The point is that, whatever we decide to call it, there is a distinctive attitude by which we hold ourselves responsible – or perhaps better, take responsibility – for morally good conduct. It is this attitude that I am concerned to examine here. (shrink)

Psychologists often characterize the infant’s attachment to her primary caregiver as love. Philosophical accounts of love, however, tend to speak against this possibility. Love is typically thought to require sophisticated cognitive capacities that infants do not possess. Nevertheless, there are important similarities between the infant-primary caregiver bond and mature love, and the former is commonly thought to play an important role in one’s capacity for the latter. In this work, I examine the relationship between the infant-primary caregiver bond and love. (...) I argue that while these very early attachments do not represent genuine love, a fuller understanding of them can inform extant philosophical views of love. (shrink)

Este paper busca aportar elementos para el debate de la pérdida de legitimidad del principio de precaución en el derecho colombiano y ante las autoridades públicas. Para demostrar esta premisa, el autor se vale del análisis de la heurística de la disponibilidad y del descuido de la probabilidad, así como del estudio de caso de la tardía aplicación del principio en el Programa de Erradicación de Cultivos de Uso Ilícito mediante aspersión aérea con Glifosato.

1. Law and morals as two systems of norms, and the inner morality of law 2. Law as a value bearer and as a mere external indicator 3. The inner and external moral credit of legislator 4. The inner morality of law. As to the last paragraph, the most striking feature of the inner morality of law is that it is such a possible characteristic, surplus quality which is not a sine qua non, which law is conceivable without. However, it (...) is a question whether law can long do without it? In principle, the legislator is free in deciding on what legal consequence he attaches to what course of conduct14 and it is also desirable that legal concepts be freed from moral overtones. Nevertheless, the legal complex cannot be torn out of its social context, nor can it steadily conflict with other complexes (religions, moral, or political values, norms and ideologies) law is to develop in living interrelationship with. Otherwise, it is subject to danger that (I) law-observance in average cases is weakened; (2) the reified functioning of and approach to law are strengthened and make law alienated; and (3) it blurs the social objectives the law intends to serve and, especially in hard cases, makes its application rootless and floating. A pathological situation only becomes more pathological, if the pathology of contents is accompanied by the pathology of means. Or, it brings the promise of real solution closer, if the adequateness of means also provides, by the strength of publicity, for the direct mobilization of society. That explains why it is a topical question what I have proposed to term the inner morality of law. [For the text, see my L&Ph, 77–89] . (shrink)

Abstract: The present text compare the concepts of Spirit and Dialectic in Hegel's Phenomenology of Spirit and Kierkegaard's Sikness unto Death respectively. For this, the clarifications made by one author and the other of the concepts to be compared are taken, as a starting point, in order to detect whether or not these concepts have some kind of relationship that serves to bring german and danish closer together. -/- .

This paper starts by distinguishing three views about the phenomenal character of perceptual experience. ‘Low-level theorists’ argue that perceptual experience is reducible to the experience of low-level properties, ‘high-level theorists’ argue that we have perceptual experiences of high-level properties, while ‘disunified view theorists’ argue that perceptual seemings can present high-level properties. The paper explores how cognitive states can penetrate perceptual experience and provides an interpretation of cognitive penetration that offers some support for the high-level view.

Addiction and certain varieties of interpersonal attachment share strikingly similar psycho-behavioral structures. Neuroscientists, psychologists, and philosophers have often adduced such similarities between addiction and attachment to argue that many typical cases of romantic love represent addictions to one’s partner and thus might be appropriate candidates for medical treatment. In this paper, I argue for the relatively neglected thesis that some paradigmatic cases of addiction are aptly characterized as emotional attachments to their objects. This has implications for how we should understand (...) the nature of addiction and for the ethics of attachment more broadly. (shrink)

The idea that we need our beloveds has a rich and longstanding history in classic literature, pop culture, social sciences, and of course, philosophical treatments of love. Yet on little reflection, the idea that one needs one’s beloved is as puzzling as it is familiar. In what, if any sense, do we really need our beloveds? And insofar as we do need them, is this feature of love something to be celebrated or lamented? In the relevant philosophical literature, there are (...) various ways of understanding the type(s) of psychological need internal to love and whether and how the necessity in question contributes to love’s value. In this chapter, I survey and critically analyze several accounts of felt necessity in love and advocate for a philosophically neglected perspective on the nature and value of needing our beloveds. (shrink)

Grief is often described as characterized by a particular emotional response to another person’s death. While this is true of paradigm cases, we argue that a broader notion of grief allows accommodating forms of this emotional experience that deviate from the paradigmatic case. The bulk of the paper explores such a nonparadigmatic form of grief, anticipatory-vicarious grief, which is typically triggered by pondering the inevitability of our own death. We argue that AV-grief is a particular moral emotion that serves a (...) unique function and is indissolubly linked to the practical identities of human agents. An agent’s AV-grief is about the harm that occurs to individuals whose practical identities depend on the agent. (shrink)

While philosophical questions about health and disease have attracted much attention in recent decades, and while opinions are divided on most issues, influential accounts seem to embrace negativism about health, according to which health is the absence of disease. Some subscribe to unrestricted negativism, which claims that negativism applies not only to the concepts of health and disease as used by healthcare professionals but also to the lay concept that underpins everyday thinking. Whether people conceptualize health in this manner has (...) implications for medical care and public health, and so we set out to examine this claim in two studies. Participants were asked to assess and compare the health states of two people presented in two vignettes. We found that both lay people and medical students conceptualize health as something more than the absence of disease. We argue that our findings highlight a need to rethink unrestricted negativism and indicate a need to rethink the way the debate has traditionally focused on disease. (shrink)

Medicine is increasingly subject to various forms of criticism. This paper focuses on dominant forms of criticism and offers a better account of their normative character. It is argued that together, these forms of criticism are comprehensive, raising questions about both medical science and medical practice. Furthermore, it is shown that these forms of criticism mainly rely on standards of evaluation that are assumed to be internal to medicine and converge on a broader question about the aim of medicine. Further (...) work making medicine’s internal norms explicit and determining the aim of medicine would not only help to clarify to what extent the criticism is justified, but also assist an informed deliberation about the future of medicine. To illustrate some of the general difficulties associated with such a task, the paper concludes by critically engaging Edmund Pellegrino’s account of the aim of medicine as well as the Hastings Center’s consensus report. (shrink)

Este artículo aborda, desde la relectura del trabajo de Alfred Schütz “La ejecución musical conjunta” (“Makingmusictogether”), la idea de intersubjetividad como sintonía en las relaciones sociales explorando en los elementos señalados por el autor, como la dimensión temporal, el cara a cara y la sincronización con el Otro. Se abre así una posibilidad de comprensión de los procesos intersubjetivos, en la perspectiva del reconocimiento de la alteridad (Levinas) como constitutiva de intersubjetividad, y se plantea la pregunta de si es posible, (...) en contextos de exclusión, avanzar hacia la constitución de sintonía entre sociedad y Estado. (shrink)

Motivated by a recent trend that advocates a reassessment of the aim of medical science and clinical practice, this paper investigates the epistemic aims of biomedical research. Drawing on contemporary discussions in epistemology and the philosophy of science, along with a recent study on scurvy, this paper (1) explores the concept of understanding as the aim of scientific inquiry and (2) establishes a framework that will guide the examination of its forms in biomedical research. Using the case of Tuberculosis (TB), (...) (3) it is argued that grasping a mechanistic explanation is crucial for reaching a threshold of understanding at which we may speak of an objectual, biomedical understanding of TB. (shrink)

A large part of the contemporary literature on dehumanization is committed to three ideas: (a) dehumanization involves some degree of denial of humanness, (b) such denial is to be comprehended in mental terms, and (c) whatever exact mechanisms underlie the denial of humanness, they belong in the realm of post-perceptual processing. This chapter examines (c) and argues that the awareness of minds might belong to perceptual processing. This paves the way for the possibility that dehumanization might, at least in part, (...) be a perceptual phenomenon, such that dehumanizers visually perceive the dehumanized as exhibiting lesser-than-human minds. It is perhaps unsurprising that the first systematic investigations of dehumanization approached the phenomenon as linked to contexts of war, genocide, extreme hatred, and violence. One guiding hypothesis was that dehumanizers exclude the dehumanized from a moral community of human beings, implicitly conceptualized as displaying distinct individualities and being embedded in caring interpersonal relations. By comprehending the dehumanized as deindividuated entities to which moral norms and considerations of fairness do not apply (Opotow 1990), dehumanizers are able to disengage from moral restrictions and self-sanctions (Bandura 1999). (shrink)

En este capítulo se analiza la figura de la obtención vegetal: su alcance, dimensión, requisitos y caracterización frente a otros derechos de propiedad intelectual, para así abordar su ámbito de protección y su tratamiento en el ámbito internacional. Se pretende en este sentido plantear que la tendencia regulatoria en materia de obtenciones vegetales en Colombia no sólo va en contravía de los intereses de los pueblos indígenas, sino además de su patrimonio colectivo que les ha garantizado una gran diversidad que (...) hoy por hoy es sustento de su alimentación. Con lo anterior se lleva a cabo un singular esfuerzo para tratar de forma comprensiva este asunto, buscando la primacía del consentimiento libre, previo e informado de las comunidades potencialmente afectadas. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

At least some serial killers are psychopathic serial killers. Psychopathic serial killers raise interesting questions about the nature of evil and moral responsibility. On the one hand, serial killers seem to be obviously evil, if anything is. On the other hand, psychopathy is a diagnosable disorder that, among other things, involves a diminished ability to understand and use basic moral distinctions. This feature of psychopathy suggests that psychopathic serial killers have at least diminished responsibility for what they do. In this (...) chapter I consider whether psychopathic serial killers might be properly said to be both evil and morally responsible for their actions. I argue that psychopathic serial killers are plausibly evil in at least one recognizable sense of the term, but that they are nevertheless not likely to be responsible for many of the evils they perpetuate. (shrink)

Philosophers have urged that considerations about the psychopath’s capacity for practical rationality can help to advance metaethical debates. These debates include the role of rational faculties in moral judgment and action, the relationship between moral judgment and moral motivation, and the capacities required for morally responsible agency. I discuss how the psychopath’s capacity for practical reason features in these debates, and I identify several takeaway lessons from the relevant literature. Specifically, I show how the insights contained therein can illuminate the (...) complex structure of practical rationality, inform our standards for an adequate theory of practical reason, and frame our thinking about the significance of rational capacities in moral theory and social practice. (shrink)

Dietmar Hübner and Lucie White question the ethical justification of employing risky neurosurgical interventions to treat imprisoned psychopaths. They argue that (1) such interventions would confer no medical benefit on the psychopath as there is no “subjective suffering” involved in psychopathy and (2) psychopaths could not voluntarily consent to such procedures because they could have no “internal motivation” for doing so. In the course of their discussion, the authors insightfully show that certain aspects of the psychopath’s personality structure are especially (...) relevant to assessing the ethics of risky treatment options. As I argue, however, the particular conclusions that the authors draw are too strong. A deeper look at the psychopathic profile casts doubt on (1) and (2). In some cases, psychopaths can be plausibly construed as experiencing subjective suffering on account of their disorder and as appropriately motivated to voluntarily consent to neurosurgical treatment. After arguing for this view, I suggest that the psychopath’s consent to neurosurgical intervention might nonetheless be problematic, as their emotional incapacities might preclude their abilities to adequately appreciate the relevant risks. (shrink)

This paper aims to clarify the nature of understanding in medicine. The first part describes in more detail what it means to understand something and links a type of understanding (i.e., objectual understanding) to explanations. The second part proceeds to investigate what objectual understanding of a disease (i.e., biomedical understanding) requires by considering the case of scurvy from the history of medi- cine. The main hypothesis is that grasping a mechanistic explanation of a condi- tion is necessary for a biomedical (...) understanding of that condition. The third part of the paper argues that biomedical understanding is necessary, but not sufficient for understanding in a clinical context (i.e., clinical understanding). The hypothe- sis is that clinical understanding combines biomedical understanding of a disease or pathological condition with understanding illness, which involves some degree of personal understanding of the patient. It is argued that, in many cases, clinical understanding necessitates adopting a particular second-personal stance and using cognitive resources in addition to those involved in biomedical understanding. (shrink)

How do people understand the concepts of mental health and disorder? The objective of this paper is to examine the impact of several factors on people’s judgments about whether a condition constitutes a mental disorder or a healthy state. Specifically, this study examines the impact of the source of the condition, its outcome, individual valuation (i.e., the value the individual attaches to the condition), and group valuation (i.e., the value the relevant group attaches to the condition). While we find that (...) people’s health and disorder judgments are driven by perceived dysfunction, we also find that health and disorder judgments are impacted differently by these factors. Health judgements are impacted by outcome and individual valuation, and disorder judgments are impacted by condition source. These results suggest that the folk concept of mental health is positive (i.e., mental health is more than the absence of mental disorder) and normativist (i.e., value judgments play a significant role in determining whether a condition counts as healthy), while the concept of mental disorder aligns with a naturalist perspective, at least to the extent that dysfunction plays an important role in categorizing a condition as a disorder. However, our finding that people’s dysfunction judgments are influenced by individual valuation and outcomes poses a strong challenge to naturalist accounts. To provide access to our supplementary data, an appendix has been included. (shrink)

One of the significant problems for philosophy’s development into a more diverse discipline is the familiar sharp reduction in the proportion of women and students of color after initial, introductory-level courses. This contributes to a lack in the breadth of perspective and experience that both upper-level students and faculty bring to philosophy, which in turn undermines the strength of the discipline as a whole. Much of the transformation of philosophy must necessarily happen at the departmental, and even university, level; but (...) there are, nonetheless, a number of strategies available to individual teachers of philosophy to help to retain marginalized students—from the composition of course syllabi and assignment choices, to increased awareness of challenges within the discipline to students’ success and embracing error as a learning tool. This variety of pedagogical tools provides a means to help to make philosophy more broadly inclusive. (shrink)

Debates about the genuine disease status of controversial diseases rely on intuitions about a range of factors. Adopting tools from experimental philosophy, this paper explores some of the factors that influence judgments about whether low sexual desire should be considered a disease and whether it should be medically treated. Drawing in part on some assumptions underpinning a divide in the literature between viewing low sexual desire as a genuine disease and seeing it as improperly medicalized, we investigate whether health and (...) disease judgments are affected by factors such as an individual’s gender, the cause of the low desire, whether the desire is high or low, and both personal and societal valuations of the condition. Our main findings indicate that (a) the cause of a condition influences whether it is judged a disorder, (b) how the individual values the condition influences whether the condition is seen as a proper target of medical intervention, and (c) perceived dysfunction influences judgments regarding health, disorder classification, medicalization, and medical intervention. Our findings help further illuminate the intricate interplay of factors that influence judgments about health and disease in controversial conditions. (shrink)

Una primera recomendación para arrancar la lectura de cualquier obra de Byung-Chul Han es saber que no hay ahí, metodológicamente hablando, principio o final alguno. No existe eso de “léete tal libro suyo que de ahí en adelante entenderás todo con mucha más claridad”, o aquel otro consejo de “a partir de tal idea puedes conectar las partes con el todo”. No. En la acaparadora obra de Han no hay nada de eso. Por el contrario, toda su producción intelectual parece (...) estar guiada más por un ánimo apocalíptico de anunciaciones fatalistas que por un sistema lógico de relaciones de ideas. La palabra, como medio para comunicar y enunciar ideas con cierta claridad, es (re)emplazada en su obra por un discurso emotivo donde prima la cicatriz sobre la herida, el moretón sobre el golpe, el efecto sobre la causa. (shrink)

This paper compares the concepts of “spirit” and “dialectic” in Hegel’s Phenomenology of Spirit and Kierkegaard’s The Sickness unto Death respectively. For this purpose, I delve into the way in which both philosophers understand these two concepts. The aim of this comparison is to detect whether there is some kind of relationship between the two concepts that could bring Hegel and Kierkegaard closer to each other.

The influence of Brentano on the emergence of Husserl's notion of intentionality has been usually perceived as the key of understanding the history of intentionality, since Brentano was credited with the discovery of intentionality, and Husserl was his discipline. This much debated question is to be revisited in the present essay by incorporating recent advances in Brentano scholarship and by focusing on Husserl's very first work, his habilitation essay (Über den Begriff der Zahl), which followed immediately after his study years (...) at Brentano, and also on manuscript notes from the same period. It is to be shown that (i) although Brentano failed to enact a direct influence on Husserl's notion of intentionality (much in line with K. Schuhmann's claim), (ii) yet the core of Brentano's notion remained operative in Husserl's theory of relations, which is seemingly influenced by John Stuart Mill and Hermann Lotze. This investigation is intended as a contribution towards the proper understanding of the complexities of Husserl's early philosophy. (shrink)

El problema del acceso a los medicamentos no obedece siempre al rol cuestionable de la industria farmacéutica, como sí en gran medida a los Estados, responsables inmediatos por el abandono de millones de pacientes en los países bajo el umbral de pobreza y desarrollo. Para evidenciar esta información se plantean tres escenarios en los que las políticas públicas aún tienen una gran tarea pendiente: la ausencia de regulación y vigilancia, la permisividad con prácticas seudocientíficas y el abandono en regiones apartadas. (...) A lo largo del texto, y a manera de conclusión, se propone un llamado de atención a los gobiernos, para que reorienten sus acciones y hagan presencia en un panorama que usualmente se deja a un lado cuando se aborda el problema del acceso a los medicamentos. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...) Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...) ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

Photomechanical reprint of papers & review articles from 1974 to 1992 mostly in German, some in Swedish or Danish: AUFSÄTZE ‘Beiträge zu den Beziehungen zwischen Gustav Radbruch & Georg Lukács’ [1979] / ‘Die Entwicklung des rechtstheoretischen Denkens in der Ungarischen Räterepublik’ [1969] / ‘Die Kodifikation & ihr Verfall in der Entwicklungsgeschichte der bürgerlichen Demokratie’ [1978] / ‘Rationalitet och rättens objektifiering’ [1975] / ‘Utopi og Kodifikation’ [1976] / ‘Historisches Wesen & aktuelle Bedeutung der Kodifikation’ [1977] / ‘Rechtssetzung als Objektivationsprozesses’ [1979] / (...) ‘Die ministerielle Begründung in rechtsphilosophischer Sicht’ [1977] / ‘Moderne Staatlichkeit & modernes formales Recht’ [1982] / ‘Leibniz & die Frage der rechtlichen Systembildung’ [1973] / ‘Der Systemcharacter des Rechts’ [1979] / ‘Die grundlegende Gesellschaftlichkeit der Rechtsanwendung’ [1978] / ‘Über die Rechtsanwendung (Ontologische Überlegungen)’ [1986] / ‘Recht & Rechtsverwirklichung (»Juristischer Weltbild«, Subsumption & Manipulation)’ [1979] / ‘Hans Kelsens Rechtsanwendungslehre (Entwicklung, Mehrdeutigkeiten, offene Probleme, Perspektiven)’ [1986] / ‘Geltung des Rechts – Wirksamkeit des Rechts’ [1978] / ‘Heterogeneität & Geltung des Rechts’ [1979] / ‘Hans Kelsens’ Reine Rechtslehre – gestern, heute, morgen’ [1988] / ‘Für die Selbständigkeit der Rechtspolitik’ [1985] / ‘Die Gewaltenteilung (Ideologie & Utopie im politischen Denken)’ [1984] / ‘Rechtskultur – Denkkultur’ [1988] // ZUSAMMENFASSUNGEN / REZENSIONEN [by & on the author]. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

Uno de los aspectos que resaltan en la obra de Dante es su persistente manera de atacar a la Iglesia Romana y la Divina comedia abunda en ataques directos a una serie de Papas en cuyas obras corruptas Dante acusa la decadencia de la institución eclesiástica y la crisis de la concepción política medieval. Los argumentos de Dante contra el papado corren principalmente por dos vías. La primera, se dedica a evidenciar la corrupción del clero y sus inconvenientes, siendo la (...) Divina Comedia la más completa recopilación de estos ataques. La segunda se embarca en un profundo cuestionamiento al poder temporal que se ha arrogado el Papado Medieval, situación a la que se culpa de los problemas de corrupción que vive el mundo -entre los que se cuentan la anarquía italiana. (shrink)