In this paper I shall defend the idea that there is an abstract and general core meaning of objectivity, and what is seen as a variety of concepts or conceptions of objectivity are in fact criteria of, or means to achieve, objectivity. I shall then discuss the ideal of value-free science and its relation to the objectivity of science; its status can be at best a criterion of, or means for, objectivity. Given this analysis, we can then turn to the (...) problem of inductive risk. Do the value judgements regarding inductive risk really pose a threat to the objectivity of science? I claim that this is not the case because they do not lower the thresholds scientifically postulated for objectivity. I shall conclude the paper with a discussion of under-appreciated influences of values on science, which indeed pose a serious threat to the objectivity of some scientific disciplines. (shrink)

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

We offer a brief characterization of creativity, followed by a review of some of the reasons people have been skeptical about the possibility of explaining creativity. We then survey some of the recent work on creativity that is naturalistic in the sense that it presumes creativity is natural (as opposed to magical, occult, or supernatural) and is therefore amenable to scientific inquiry. This work is divided into two categories. The broader category is empirical philosophy, which draws on empirical research while (...) addressing questions that have traditionally been regarded as philosophical. The second category is experimental philosophy, a special branch of empirical philosophy in which experiments are designed (by philosophers) with the explicit purpose of addressing philosophical questions. All of this highlights the relative theoretical neglect of creativity, while at the same time suggesting ample opportunity for experimentally minded philosophers to break new ground. (shrink)

I will first discuss a peculiarity of the realism-antirealism debate. Some authors defending antirealist positions in a philosophical discussion seem to be inconsistent with what they do when treating scientific subjects. In the latter situation, they behave as realists. This tension can be dissolved by distinguishing different discourses belonging to different levels of philosophical radicality. Depending on the respective level, certain presuppositions are either granted or questioned. I will then turn to a discussion of the miracle argument by discussing a (...) simple example of curve fitting. In the example, multiple use-novel predictions are possible without indicating the truth of the fitting curve. Because this situation has similarities with real scientific cases, it sheds serious doubt upon the miracle argument. Next, I discuss the strategy of selective realism, especially its additional crucial component, the continuity argument. The continuity of some X in a series of theories, with X being responsible for the theories’ use-novel predictions, is taken to be a reliable indicator for the reality of X. However, the continuity of X could as well be due to the similarity of the theories in the series with an empirically very successful theory embodying X, without X being real. Thus, the two main arguments for scientific realism show severe weaknesses. (shrink)

People seem more divided than ever before over social and political issues, entrenched in their existing beliefs and unwilling to change them. Empirical research on mechanisms driving this resistance to belief change has focused on a limited set of well-known, charged, contentious issues and has not accounted for deliberation over reasons and arguments in belief formation prior to experimental sessions. With a large, heterogeneous sample (N = 3,001), we attempt to overcome these existing problems, and we investigate the causes and (...) consequences of resistance to belief change for five diverse and less contentious socio-political issues. After participants chose initially to support or oppose a given socio-political position, they were provided with reasons favoring their chosen position (affirming reasons), reasons favoring the other, unchosen position (conflicting reasons), or all reasons for both positions (reasons for both sides). Our results indicate that participants are more likely to stick with their initial decisions than to change them no matter which reasons are considered, and that this resistance to belief change is likely due to a motivated, biased evaluation of the reasons to support their initial beliefs (prior-belief bias). More specifically, they rated affirming reasons more favorably than conflicting reasons—even after accounting for reported prior knowledge about the issue, the novelty of the reasons presented, and the reported strategy used to make the initial decision. In many cases, participants who did not change their positions tended to become more confident in the superiority of their positions after considering many reasons for both sides. (shrink)

Having positive moral traits is central to one’s sense of self, and people generally are motivated to maintain a positive view of the self in the present. But it remains unclear how people foster a positive, morally good view of the self in the present. We suggest that recollecting and reflecting on moral and immoral actions from the personal past jointly help to construct a morally good view of the current self in complementary ways. More specifically, across four studies we (...) investigated the extent to which people believe they have changed over time after recollecting their own moral or immoral behaviors from the personal past. Our results indicate that recollecting past immoral actions is associated with stronger impressions of dissimilarity and change in the sense of self over time than recollecting past moral actions. These effects held for diverse domains of morality (i.e., honesty/dishonesty, helping/harming, fairness/unfairness, and loyalty/disloyalty), and they remained even after accounting for objective, calendar time. Further supporting a motivational explanation, these effects held when people recollected their own past actions but not when they recollected the actions of other people. (shrink)

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

It is now widely accepted that a scientifically credible conception of human nature must reject the folkbiological idea of a fixed, inner essence that makes us human. We argue here that to understand human nature is to understand the plastic process of human development and the diversity it produces. Drawing on the framework of developmental systems theory and the idea of developmental niche construction we argue that human nature is not embodied in only one input to development, such as the (...) genome, and that it should not be confined to universal or typical human characteristics. Both similarities and certain classes of differences are explained by a human developmental system that reaches well out into the 'environment'. We point to a significant overlap between our account and the ‘Life History Trait Cluster’ account of Grant Ramsey, and defend the developmental systems account against the accusation that trying to encompass developmental plasticity and human diversity leads to an unmanageably complex account of human nature. (shrink)

From the mid-1960s until the late 1980s, the well-known general philosophies of science of the time were applied to economics. The result was disappointing: none seemed to fit. This paper argues that this is due to a special feature of economics: it possesses ‘orientational paradigms’ in high number. Orientational paradigms are similar to Kuhn’s paradigms in that they are shared across scientific communities, but dissimilar to Kuhn’s paradigms in that they are not generally accepted as valid guidelines for further research. (...) As will be shown by several examples, orientational paradigms provide economics with common points of reference that support its epistemic coherence and make scientific discourse more easily possible across school boundaries. With the help of systematicity theory, a newer general philosophy of science, one can further elucidate the role of orientational paradigms with regard to scientific progress. (shrink)

Sexual abuse of minors by Catholic priests has been a persistent and widespread problem in the Church. Although more than 80 percent of victims have been boys, prior studies have rejected the idea that the abuse is related to homosexuality among priests. Available data show, however, that the proportion of homosexual men in the priesthood is correlated almost perfectly with the percentage of male victims and with the overall incidence of abuse. Data also show that while the incidence of abuse (...) is lower today than it was three decades ago, it has not declined as much as is commonly believed, and has recently begun to rise amid signs of episcopal complacency about procedures for the protection of children. (shrink)

This paper aims to reconstruct the politico-philosophical content of the Ancient Wenzi, according to three interrelated questions: How does the text communicate its views to the reader? What are its main ideas? When and where were these ideas first put to writing? Accordingly, after a discussion of preliminaria in section 1, section 2 focuses on the rhetorical devices in the text, section 3 on its key terms, and section 4 on its possible historical context. The goal of this paper is (...) not only to describe the content of the Ancient Wenzi, but also to contextualize it. That is, to explore the debate to which the Ancient Wenzi may have responded. (shrink)

Contrary to popular belief, population-wide preventive measures are rarely cost-reducing. Yet they can still be cost-effective, and indeed more cost-effective than treatment. This is often true of preventive measures that work by slightly reducing the already low risks of death faced by many people. This raises a difficult moral question: when we must choose between life-saving treatment, on the one hand, and preventive measures that avert even more deaths, on the other, is the case for prevention weakened when it works (...) by reducing many healthy people’s already low risks by a further tiny amount? I argue the answer is no. (shrink)

This article analyzes Mencius 7B.23, a concise passage that offers complex ethical dilemmas. It provides a close reading of the passage, along with relevant passages elsewhere in the text and, occasionally, in other texts. The narrow goal of the article is to present a coherent reading of the passage within the context of the Mencius as a whole. This reading suggests that while the passage touches upon a wide range of topics, including personal credibility and political responsibility, the overarching concern (...) is on being a morally superior person, on the difficult dilemmas such people may face, and on how they would respond to them. More broadly, the article shows that while the philosophical practice of "weighing circumstances" (quan 權) allows moral agents in exceptional cases to break certain moral or ritual rules, Mencius seems unwilling to apply this discretion when morality as a whole, or the integrity of the person who embodies it (shi 士), are involved. (shrink)

The Mozi contains at least three distinct arguments against offensive warfare. The "moral argument" claims that offensive warfare is morally wrong. The "economic argument" calculates that the foreseeable costs of a military campaign inevitably outweigh its possible benefits. The "religious argument" warns that military aggression harms the interests of Heaven. This paper discusses these three lines of argumentation, with extensive reference to the original text in translation. The paper explores what the arguments entail, to whom they may have been addressed, (...) and how persuasive they are from a modern academic perspective. It shows not only how Mozi and his followers theorized about offensive warfare, but also how their arguments were used in practice, at least according to anecdotes in the latter part of the received Mozi. The ultimate goal of this paper is to show how the Mohists actively adapted their argumentative strategies so as to find the best words to end wars. (shrink)

This paper is intended as a gateway to two 2000-year-old manuscripts of the Analects. The first two sections discuss the archaeological context of the discoveries and analyse the manuscripts themselves, including characteristic features of the bamboo strips and the texts inked thereon and notable differences between these and other Analects versions. In these sections, I also critically evaluate present-day Analects studies and offer alternative hypotheses where there is room for debate. The third and final section of the paper discusses what (...) I consider the most fascinating (and most complex) issue regarding the manuscripts: their provenance. In that section, I examine when, where, and why the Analects was copied onto the bamboo strips. The ultimate goal of this paper is to present a nuanced understanding of the two bamboo manuscripts that conveys the fascinating insights they offer while also exploring the limitations of what these manuscripts can actually tell us. (shrink)

Early Chinese thought enjoys a wide appeal, in the scholarly world as much as elsewhere, as people are keen on learning about the ideas of Confucius, Mencius, and other thinkers whose views have shaped traditional Chinese culture. In the study of early Chinese thought, emphasis has long been on what thinkers said, not on how they proffered their views. Even studies that do consider the how, tend to focus on logic and argumentation, rather than rhetoric. Fortunately, in the past few (...) decades growing attention has been paid to Chinese rhetoric which has led to an impressive number of publications. This work briefly outlines rhetoric in the West and in China. (shrink)

Early Chinese argumentative texts are full of historical anecdotes. These short accounts of events in Chinese history enhance the appeal of the text, but they also have an important rhetorical function in helping the reader understand, accept, and remember the arguments propounded in the text. In this paper I examine the rhetorical function of historical anecdotes in two argumentative texts of the Western Han dynasty (202 BCE-9 CE): Han’s Illustrations of the Odes for Outsiders and The Master of Huainan. These (...) two texts found creative use for anecdotes, namely as illustrations of quotations from canonical sources. Through case studies of several combinations of anecdotes and quotations, I argue that the combinations serve to present the creators of these texts as beacons of knowledge with profound understanding of historical events and canonical literature, and with the necessary skills to fruitfully combine the two. (shrink)

Anecdotes play an important role in ancient Chinese philosophical writings. This essay offers a close reading of one anecdote in the Mencius, one of the most influential Confucian texts. This reading provides insight into what it means, according to Mencius, to be a morally superior human being. The goal of this essay is to provide insight into the ethical and political philosophy of Mencius and, more broadly, to provide a guideline for reading Chinese philosophical writings in an attentive and receptive (...) manner. (shrink)

English - language Wikipedia is constantly being plagued by vandalistic contributions on a massive scale. In order to fight them its volunteer contributors deploy an array of software tools and autonomous bots. After an analysis of their functioning and the ‘ coactivity ’ in use between humans and bots, this research ‘ discloses ’ the moral issues that emerge from the combined patrolling by humans and bots. Administrators provide the stronger tools only to trusted users, thereby creating a new hierarchical (...) layer. Further, surveillance exhibits several troubling features : questionable profiling practices, the use of the controversial measure of reputation, ‘ oversurveillance ’ where quantity trumps quality, and a prospective loss of the required moral skills whenever bots take over from humans. The most troubling aspect, though, is that Wikipedia has become a Janus - faced institution. One face is the basic platform of MediaWiki software, transparent to all. Its other face is the anti - vandalism system, which, in contrast, is opaque to the average user, in particular as a result of the algorithms and neural networks in use. Finally it is argued that this secrecy impedes a much needed discussion to unfold ; a discussion that should focus on a ‘ rebalancing ’ of the anti - vandalism system and the development of more ethical information practices towards contributors. (shrink)

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

In this paper, I shall defend two main claims. First, Friedman’s famous paper “On the methodology of positive economics” (“F53”) cannot be properly understood without taking into account the influence of three authors who are neither cited nor mentioned in the paper: Max Weber, Frank Knight, and Karl Popper. I shall trace both their substantive influence on F53 and the historical route by which this influence took place. Once one has understood these ingredients, especially Weber’s ideal types, many of F53’s (...) astonishing sentences like “the more significant the theory, the more unrealistic the assumptions”, make good sense. Second, I shall claim that the much-discussed question whether Friedman’s essay espouses an instrumentalist or a realist position, is the wrong question to be asked. I shall illustrate that by a comparison with examples from physics in which also unrealistic assumptions are made. Also there, the question whether these assumptions are indicators of instrumentalism or realism is not appropriate. Cleared from these misunderstandings, F53 presents itself as an interesting and reasonable but much less controversial contribution to the methodology of economics. (shrink)

An important artistic topic of Italian Renaissance painting was the rendering of the human figure. As leading actors in a painted narrative, figures had to convince beholders of the reality of the matter depicted with appropriated attitudes and gestures. This article is about two ways of drawing or rather constructing the human figure artists developed to achieve this goal. The first was only an adaptation to an old method: because of the rather simple and coarse elements used, constructions often resulted (...) in faulty pictures and were for that matter often criticized. As this article will show, the second method involved a new and very successful drawing skill, which not just required a different kind of knowledge of visual forms but of procedures of moving the hand, too. (shrink)

This paper deals with the following question: What features of modern natural science are responsible for the fact that, of all forms of science, this form is technologically exploitable? The three notions: concept of nature, epistemic ideal, and experiment, suggest the most important components of my answer. I will argue, first, that only the peculiar interplay of the modern concept of nature with an epistemic ideal attuned to it can cast experiment in the specific, highly central role it plays in (...) the pursuit of knowledge about nature. It will then become clear that the form of science in which experiment plays such a role will, necessarily, prove technologically exploitable. (shrink)

Durch genomweite Analysen werden vielfältige gesundheitsrelevante Informationen über eine Person gewonnen. Solche Informationen können die Behandlung von Krankheiten verbessern. Sie ermöglichen aber auch Vorhersagen, ob eine Person und deren Verwandte in Zukunft möglicherweise erkranken werden. Der neuartige Charakter des Informationseingriffs und sein prädiktive Potential bedürfen der ethischen, juristischen und ökonomischen Reflexion, damit diese Technologie zum Wohl der Patienten, der Familienangehörigen und der Solidargemeinschaft eingesetzt werden kann. Die vorliegende Schrift leistet mit ihren interdisziplinären, vom BMBF finanzierten Analysen dazu einen Beitrag. Grundlagen (...) für einen ethisch und juristisch verantwortbaren Einsatz der Genomsequenzierung zu medizinischen Zwecken werden erörtert und Eckpunkte für Kostenanalysen sowie Elemente einer “Guten klinischen Praxis” präsentiert. (shrink)

A commentary on “Making the Case for Health‐Enhancing Laws after Bloomberg,” in the January‐February 2014issue.

The paper deals with the contributions of Jacques Herbrand to logic and philosophy in historical context.

How may human agents come to trust (sophisticated) artificial agents? At present, since the trust involved is non-normative, this would seem to be a slow process, depending on the outcomes of the transactions. Some more options may soon become available though. As debated in the literature, humans may meet (ro)bots as they are embedded in an institution. If they happen to trust the institution, they will also trust them to have tried out and tested the machines in their back corridors; (...) as a consequence, they approach the robots involved as being trustworthy (“zones of trust”). Properly speaking, users rely on the overall accountability of the institution. Besides this option we explore some novel ways for trust development: trust becomes normatively laden and thereby the mechanism of exclusive reliance on the normative force of trust (as-if trust) may come into play - the efficacy of which has already been proven for persons meeting face-to-face or over the Internet (virtual trust). For one thing, machines may evolve into moral machines, or machines skilled in the art of deception. While both developments might seem to facilitate proper trust and turn as-if trust into a feasible option, they are hardly to be taken seriously (while being science-fiction, immoral, or both). For another, the new trend in robotics is towards coactivity between human and machine operators in a team (away from making robots as autonomous as possible). Inside the team trust is a necessity for smooth operations. In support of this, humans in particular need to be able to develop and maintain accurate mental models of their machine counterparts. Nevertheless, the trust involved is bound to remain nonnormative. It is argued, though, that excellent opportunities exist to build relations of trust toward outside users who are pondering their reliance on the coactive team. The task of managing this trust has to be allotted to human operators of the team, who operate as linking pin between the outside world and the team. Since the robotic team has now been turned into an anthropomorphic team, users may well develop normative trust towards them; correspondingly, trusting the team in as-if fashion becomes feasible. (shrink)

The latest news from our planet is threatening: climate change, pollution, forest loss, species extinctions. All these words are frightening and there is no sign of improvement. Simple logic leads to the conclusion that humanity has to react, for its own survival. But at the scale of a human being, it is less obvious. Organizing one’s daily life in order to preserve the environment implies self-questioning, changing habits, sacrificing some comfort. In one word, it is an effort. Then, what justifies (...) such an effort? The personal choice to act in order to preserve our environment is often made by simple altruism. This choice is based on our love for other human beings: our love for the others grounds our effort. Our moral values, our ethical reflections and our religious beliefs are the deep core of these choices. “This is my commandment, that you love one another as I have loved you.” (John 15.12 NRSV). This Charter shows the moral and religious values that can help us react regarding the current environmental crisis and it should empower us to transcend the ideas of effort and sacrifice in order to consider the respect of the shared house, in a prophetic fulfillment of the being. (shrink)

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

Our purpose is to describe the application of legitimate defense in so-called non-confrontational situations. To do this, we will conceptualize gender violence as that which against women, due to their condition as such, and we will describe the absence by the courts in the identification of this problem. Second, we will analyze the reception of Argentine and international legislation on the treatment of gender violence and the recommendations and criteria to take into account when interpreting and applying criminal law. Finally, (...) we will present the treatment of legitimate defense in contexts of gender violence, analyzing each of its elements. Our conclusions will focus on the need to address situations of gender violence based on international regulations for the application of legitimate defense in non-confrontational situations. (shrink)

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

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

“Applying the Heisenberg Uncertainty Principle to 21st Century Art” was delivered to the 2009 Congress of the International Association of Art Critics (AICA) in Dublin as a guide to critical thinking through a paradigm shift. This new paper uncovers a new critical theory in the form of a formula that has been successfully applied to a universal appraisal of arts across all boundaries, whether they be gender, discipline or culture. The configuration predicted by Pauli as arising from under the collapsed (...) quantum wave is sourced in an ancient icon: the hieros gamos. As her functional role as newspaper critic shifted to a more esoteric passage as performance artist/curator/blogger, the author spent 14 years theorizing; and another 14 years applying a new critical theory to contemporary art. Her (R)evolution series for the Huffington Post places the containment of the hieros gamos at the forefront of contemporary art practice. The goal is the embodiment of Jean Gebser’s 360-degree aperspectival awareness, whereas the shadow is contacted and absorbed into the very body of art. This paper will reveal the strategy for determining holistic art forms containing the 21st century icon that Pauli understood would arise from under the collapsed quantum wave. (shrink)

There is a close relationship between education and citizenship. Liberal political theorists tend to spend much of their work justifying the role of educational institutions in political communities. However, the development of these proposals is usually thought for subjects who do not have disabilities, arbitrarily excluding a significant proportion of society. This not only happens at an educational level, it is replicated in various areas of social life. In this sense, in the present work I am going to propose that (...) the adequacy approach proposed by Debra Satz is extremely valuable to think about the educational equity of people with disabilities. The choice is not accidental or arbitrary. Satz is a renowned philosopher whose interest in education and its importance in forming citizens for diverse and plural societies. To do this, I will begin by presenting three possible models of special education: the special school, integration and inclusion. Then the two paradigms that prevail in the characterization of disability will be addressed: the social model and the medical model. Instead, I will reconstruct the third proposal elaborated by Satz in order to evaluate with which inclusive education model and disability paradigm it is compatible and why it is presented as a valuable proposal in this field. (shrink)

The purpose of this article is to present the main contributions to peace, democracy, and the philosophy of education in Colombia, made by philosopher Guillermo Hoyos-Vásquez (Medellín, 1935 – Bogotá, 2013). The work of this Colombian philosopher stands out for its important contributions to political philosophy as the vital, supportive, and responsible exercise of thought concerning the public interest. Using Kant’s concept of practical reason, Husserl’s lifeworld [Lebenswelt], and Habermas’s communicative action as starting points, Hoyos-Vásquez succeeded in going beyond these (...) political philosophers by trying to apply their ideas in the midst of the difficult context of corruption, drug trafficking and armed conflict in Colombia over the past five decades. At the same time, Hoyos-Vásquez developed throughout his life a varied public activity as a thinker and educator, belying the myth of the theoretical distance between the philosopher and his/her political present or historical reality. The thought of Guillermo Hoyos-Vásquez, and his public action as an educator, represent a substantial contribution to contemporary political and educational philosophy, maintaining a close connection between theory and practice. (shrink)

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

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

Review of Daoist Identity. History, Lineage, and Ritual, by Livia Kohn and Harold D. Roth.

Review of Wenzi xinlun (New Perspectives on the Wenzi), Wenzi ziliao tansuo (Exploration of the Wenzi Materials), and Huainanzi yu Wenzi kaobian (Examination of the Huainanzi and the Wenzi), by DING Yuanzhi.

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

Review of Le Wen zi à la lumière de l'histoire et de l'archéologie (The Wenzi in the Light of History and Archaeology), by Charles Le Blanc.

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