This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights have been (...) deployed since the return to democracy in 1979, those who have benefited from neoliberal democracy and those who have paid the costs, and where in all this was the Supreme Court of Justice. The Introduction takes a look at this origin of the work and its intellectual import, provides a brief characterization of the Inter American Sistem of Human Rights Protection, how the Quintana Case fits within it, and an overview of the chapters and their logic. The first chapter analyzes the institutional and sociological factors that have contributed to Ecuador's historically unstable state, based primarily in an antagonistic struggle for power between the Executive and Legislative branches. The second chapter analyzes the economic and political factors that provoked an organic crisis, or crisis of hegemony, between 1997 and 2007 in Ecuador. The third chapter analyzes the evolution of the way in which judges are selected in Europe, the outcomes they have generated, and how they compare with the ecuadorian systems of judge selection in terms of securing judicial independence. The fourth chapter develops a theory of judicial independence in democracy and analyzes how Ecuador measures up to that standard, from when it became a neoliberal minimal democracy in 1981, to when it became a neoliberal false democracy as a consequence of instalation of a system evidently lacking in the people's support under the guise of the 1998 Constitution and its system of judge selection, and the new democratic horizons set by the 2008 Constitution, and the judicial system that springs from it. (shrink)

Intuitive judgments elicited by verbal case-descriptions play key roles in philosophical problem-setting and argument. Experimental philosophy's ‘sources project’ seeks to develop psychological explanations of philosophically relevant intuitions which help us assess our warrant for accepting them. This article develops a psycholinguistic explanation of intuitions prompted by philosophical case-descriptions. For proof of concept, we target intuitions underlying a classic paradox about perception, trace them to stereotype-driven inferences automatically executed in verb comprehension, and employ a forced-choice plausibility-ranking task to elicit the relevant (...) stereotypical associations of perception- and appearance-verbs. We obtain a debunking explanation that resolves the philosophical paradox. (shrink)

Pragmatism’s heartening recent revival (spearheaded by Richard Rorty’s bold intervention into analytic philosophy Philosophy and the Mirror of Nature) has coalesced into a distinctive philosophical movement frequently referred to as ‘neopragmatism’. This movement interprets the very meaning of pragmatism as rejection of metaphysical commitments: our words do not primarily serve to represent non-linguistic entities, but are tools to achieve a range of human purposes. A particularly thorough and consistent version of this position is Huw Price’s global expressivism. We here critically (...) appraise Price’s understanding of a commitment to pragmatism as a rejection of metaphysics, and argue that such rejection is not as easy or desirable as Price claims. First we argue that Price’s global expressivism itself draws on significant metaphysical assumptions (a ‘word-world’ dualism, and a nominalism concerning the meaning of general terms). Then we seek to resolve neopragmatist anxieties about metaphysics by arguing that metaphysics is indispensable for pragmatist philosophizing insofar as it seeks ways for human beings to realise themselves through practices of understanding reality and their place in it. If, as we argue, metaphysics consists in a maximally general inquiry into the nature and structure of reality, to try to block it seems a puzzling exercise in epistemic self-harm. (shrink)

Recent findings in experimental philosophy have revealed that people attribute intentionality, belief, desire, knowledge, and blame asymmetrically to side- effects depending on whether the agent who produces the side-effect violates or adheres to a norm. Although the original (and still common) test for this effect involved a chairman helping or harming the environment, hardly any of these findings have been applied to business ethics. We review what little exploration of the implications for business ethics has been done. Then, we present (...) new experimental results that expand the attribution asymmetry to virtue and vice. We also examine whether it matters to people that an effect was produced as a primary or side- effect, as well as how consumer habits might be affected by this phenomenon. These results lead to the conclusion that it appears to be in a businessperson’s self-interest to be virtuous. (shrink)

Interpersonal aggregation involves the combining and weighing of benefits and losses to multiple individuals in the course of determining what ought to be done. Most consequentialists embrace thoroughgoing interpersonal aggregation, the view that any large benefit to each of a few people can be morally outweighed by allocating any smaller benefit to each of many others, so long as this second group is sufficiently large. This would permit letting one person die in order to cure some number of mild headaches (...) instead. Most non-consequentialists reject thoroughgoing interpersonal aggregation despite also believing it is permissible to let one person die in order to prevent many cases of paraplegia instead. Non-consequentialists defend this asymmetry largely on the basis of intuition, and some rely on the notion of relevance to formalize the grounding intuitions. This article seeks to clarify and strengthen the non-consequentialist notion of relevance by engaging with three objections to it. (shrink)

Kant begins his Lectures on Pedagogy by stating, “[t]he human being is the only creature that must be educated” (Kant, 2007, 9:441), and he argues that it is through education that we can transform our initial “animal nature into human nature” (ibid. 2007, 9:441). Kant understands education as involving an ordered process of care, discipline, instruction and formation through enculturating, civilizing and moralizing (Formosa 2011). Further, Kant envisages that we should pursue as a species the “moral perfection” that is the (...) “final destiny of the human race” through education (Collins, 1997, 27:470; see Dean, 2014). However, to engage in this pursuit Kant believes that, through education and social change, we have to regulate our “animal nature” and counter the moral corruption of our species, which he calls the “radical innate evil in human nature (not any the less brought upon us by ourselves)” (Kant, 1998, 6:32). If humanity is to pursue its final destiny of moral perfection, then education will need to respond responsibly to the propensity to evil that is deeply rooted in us as finite and imperfect rational beings living in imperfect and at times even in morally corrupted social conditions. This paper outlines some of the relevant issues. (shrink)

Much of the philosophical literature on health inequalities seeks to establish the superiority of one or another conception of luck egalitarianism. In recent years, however, an increasing number of self-avowed egalitarian philosophers have proposed replacing luck egalitarianism with alternatives that stress the moral relevance of distinct relationships, rather than the moral relevance of good or bad luck. After briefly explaining why I am not attracted to luck egalitarianism, I seek in this chapter to distinguish and clarify three views that have (...) been characterized in the philosophical literature as forms of relational egalitarianism. I call these three relational views equality of treatment, equality of concern, and social egalitarianism. I will explain why each claims to be a form of egalitarianism and why these three views should not be seen as competitors. I will argue that each brand of relational egalitarianism describes a plausible plank of distributive justice that bears on the evaluation of health inequalities and on the political institutions that create, sustain, or exacerbate them. To illustrate this pluralistic relational egalitarian approach, I will draw on a case study by Horton and Barker (this volume) to discuss how each of the three planks might be brought to bear on the evaluation of oral health disparities among the children of migrant Latino farmworkers in California. (shrink)

For some years now, Michael Bergmann has urged a dilemma against internalist theories of epistemic justification. For reasons I explain below, some epistemologists have thought that Michael Huemer’s principle of Phenomenal Conservatism can split the horns of Bergmann’s dilemma. Bergmann has recently argued, however, that PC must inevitably, like all other internalist views, fall prey to his dilemma. In this paper, I explain the nature of Bergmann’s dilemma and his reasons for thinking that PC cannot escape it before arguing that (...) he is mistaken: PC can indeed split its horns. (shrink)

It is still a live question in epistemology and philosophy of science as to what exactly evidence is. In my view, evidence consists in experiences called “seemings.” This view is a version of the phenomenal conception of evidence, the position that evidence consists in nonfactive mental states with propositional content. This conception is opposed by sense-data theorists, disjunctivists, and those who think evidence consists in physical objects or publicly observable states of affairs—call it the courtroom conception of evidence. Thomas Kelly (...) has recently argued that the phenomenal conception cannot play all the roles evidence plays and is thus inadequate. Having first explained the nature of seemings, in this essay I utilize Kelly’s own understanding of the four major roles of evidence and argue that the phenomenal conception can play each one. Experience is a good candidate for evidence. (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)

John Broome claims that there is a sacrifice-free solution to climate change. He says this is a consequence of elementary economics. After explaining the economic argument in somewhat more detail than Broome, I show that the argument is unsound. A main problem with it stems from Derek Parfit's ‘nonidentity effect.’ But there is hope, since the nonidentity effect underwrites a more philosophical yet more plausible route to a sacrifice-free solution. So in the end I join Broome in asking economists and (...) policymakers to help make this a reality. (shrink)

Open-content communities that focus on co-creation without requirements for entry have to face the issue of institutional trust in contributors. This research investigates the various ways in which these communities manage this issue. It is shown that communities of open-source software—continue to—rely mainly on hierarchy (reserving write-access for higher echelons), which substitutes (the need for) trust. Encyclopedic communities, though, largely avoid this solution. In the particular case of Wikipedia, which is confronted with persistent vandalism, another arrangement has been pioneered instead. (...) Trust (i.e. full write-access) is ‘backgrounded’ by means of a permanent mobilization of Wikipedians to monitor incoming edits. Computational approaches have been developed for the purpose, yielding both sophisticated monitoring tools that are used by human patrollers, and bots that operate autonomously. Measures of reputation are also under investigation within Wikipedia; their incorporation in monitoring efforts, as an indicator of the trustworthiness of editors, is envisaged. These collective monitoring efforts are interpreted as focusing on avoiding possible damage being inflicted on Wikipedian spaces, thereby being allowed to keep the discretionary powers of editing intact for all users. Further, the essential differences between backgrounding and substituting trust are elaborated. Finally it is argued that the Wikipedian monitoring of new edits, especially by its heavy reliance on computational tools, raises a number of moral questions that need to be answered urgently. (shrink)

In this chapter, we argue for a phenomenal conservative perspective on religious epistemology and attempt to answer some common criticisms of this perspective.

Efficiency and equity are central concepts for the normative assessment of health policy. Drawing on the work of academic philosophers and philosophically sophisticated economists, this article identifies important philosophical questions implicated by the notions of efficiency and equity and then summarizes influential answers to them. Promising avenues for further philosophical research are also highlighted, especially in the context of health equity and its elusive ethical foundations.

There is a close systematic relationship between panentheism, as a metaphysical theory about the relation between God and the world, and transhumanism, the ethical demand to use the means of the applied sciences to enhance both human nature and the environment. This relationship between panentheism and transhumanism provides a ‘cosmic’ solution to the problem of evil: on panentheistic premises, the history of the world is the one infinite life of God, and we are part of the one infinite divine being. (...) We ourselves are therefore responsible for the future development of the life of the divine being. We should therefore use the means provided by the natural sciences to develop the history of the world in such a way that the existence of evil shall be overcome and shall no longer be part of the divine being in whom we move and live and have our being. The metaphysics of panentheism leads to the ethics of transhumanism. (shrink)

Recent authors, emphasizing Newman’s distaste for natural theology—especially William Paley’s design argument—have urged us to follow Newman’s lead and reject design arguments. But I argue that Newman’s own argument for God’s existence (his argument from conscience) fails without a supplementary design argument or similar reason to think our faculties are truth-oriented. In other words, Newman appears to need the kind of argument he explicitly rejects. Finding Newman’s rejection of natural theology to stem primarily from factors other than worries about cogency, (...) however, I further argue that there is little reason not to pursue design arguments in order to save the argument from conscience. (shrink)

This essay shows how John Henry Newman reconciled the certitude of faith with a fallibilist epistemology. While Newman holds that many of our beliefs are held with certitude, he does not conceive of all certitude as Cartesian, apodictic certitude. In this way, he walks a middle road between rationalism and fideism.

The role of certitude in our mental lives is, to put it mildly, controversial. Many current epistemologists (including epistemologists of religion) eschew certitude altogether. Given his emphasis on certitude, some have maintained that John Henry Newman was an infallibilist about knowledge. In this paper, we argue that a careful examination of his thought (especially as seen in the Grammar of Assent) reveals that he was an epistemic fallibilist. We first clarify what we mean by fallibilism and infallibilism. Second, we explain (...) why some have read Newman as an infallibilist. Third, we offer two arguments that Newman is at least a fallibilist in a weak sense. In particular, the paradox he seeks to resolve in the Grammar and his dispute with John Locke both indicate that he is at least a weak fallibilist. We close with a consideration of whether Newman is a fallibilist in a much stronger sense as well. (shrink)

Karl Christian Friedrich Krause left an impressive oeuvre consisting of 256 books and articles, covering numerous branches of philosophy, the humanities, and science.[1] His Urbild der Menschheit, his Vorlesungen über das System der Philosophie and his Vorlesungen über die Grundwahrheiten der Wissenschaft are of particular pertinence for philosophers today. [1] See: E. M. Ureña and E. Fuchs, “Einführung in das Gesamtwerk”, in Karl Christian Friedrich Krause. Band 1: Entwurf des Systems der Philosophie, ed. T. Bach and O. Breidbach.

Special divine action is an integral part of the Christian worldview. In fact, the plausibility of the Christian worldview depends on and is grounded in the putative reality, and therefore possibility, of special divine action. Without special divine action, Scripture does not make sense, and without Scripture, Christianity neither. However, the possibility of special divine action is highly contested in almost every field of human enquiry. In what follows, I briefly suggest a minimal definition of special divine action and show (...) its indispensability for the internal plausibility of Christian faith. I then argue against the very possibility of special divine action. I end by way of identifying ways in which Christian theologians can respond to the arguments in order to justify the possibility of special divine action. It turns out that special divine action neither contradicts science nor metaphysics. (shrink)

Abstract: In this article we introduce an input-oriented democratic innovation – that we term ‘TaxTrack’ – which offers individual taxpayers the means to engage with their political economies in three ways. After joining the TaxTrack program, an individual can: (1) see and understand how much, and what types, of taxes they have contributed, (2) see and understand how their tax contributions are, or have been, used, and (3) control what their tax contributions can, or cannot, be spent on. We explain (...) this democratic innovation in two ways. The first is through evocation to prefigure what the innovation could look like in future practise which raises the prospects for both good and problematic outcomes. The second is through formal theory to produce a detailed model of the innovation to assist theory building. We conclude by discussing three interactive outcomes of ‘TaxTrack’ through the democratic innovations literature to establish the beginnings of a theory for the model. This theory tells us that ‘TaxTrack’ can return benefits to its users and the democratic regimes in which they are located but it may also place restrictions on output-oriented innovations like Participatory Budgeting. (shrink)

This addendum presents results that confound some commonly made claims about the sorts of environments in which the performance of TTB exceeds that of Franklin's rule, and vice versa.

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

Extant theoretical work on the political resource curse implies that dependence on resource revenues should decrease autocracies’ likelihood of democratizing but not necessarily affect democracies’ chances of survival. Yet most previous empirical studies estimate models that are ill-suited to address this claim. We improve upon earlier studies, estimating a dynamic logit model that interacts a continuous measure of resource dependence with an indicator of regime type using data from 166 countries, covering the period from 1816-2006. We find that an increase (...) in resource dependence at time t - 1 increases the likelihood of autocratic persistence at t, but has no appreciable effect on democratic survival. We go beyond existing empirical studies to show that increases in resource dependence have persistent and substantial cumulative effects on autocracies' likelihood of becoming democratic over the long-term, showing that the total effect of resource dependence on regime type is much larger than the short-term (one period) effect indicates. (shrink)

In this chapter, Gage and McAllister respond to various objections to the phenomenal conservative position in religious epistemology. In particular, they respond to the objections that seemings are the ultimate source of justification, that PC makes epistemic justification too easy, that PC involves conceptual circularity, and that PC lacks an objective connection to truth.

A brief introduction to the life and key work of Rudolf Carnap with special attention to his work on inductive logic.

A brief introduction to the life and work of William Paley, including a discussion of the structure of his famous design argument.

A brief introduction to a diverse and interesting group of papers in contemporary epistemology.

In a time when conservatives believe that the traditional family is under increasing fire, some think an appeal to Darwinian science may be the answer. I argue that these conservatives are wrong to maintain that Darwinian theory can serve as the intellectual foundation for the traditional conception of the family. Contra Larry Arnhart and James Q. Wilson, a Darwinian philosophy of nature simply lacks the stability the traditional family requires; it cannot support the traditional conception of human nature and the (...) normativity it was thought to contain. If conservatives are to maintain these traditional ideas, the theoretical foundation must lie elsewhere. (shrink)

Physics tells us that the world that we live in is “really” composed of vast numbers of tiny particles, defined and individuated by their mass, charge, velocity and position. That is all there is, the rest being empty space. In contrast the world that we interact with in our every day lives is composed of rooms with windows, people and cats, and plates filled with milk and cornflakes. It is a world of individual objects and stuffs, most of which can (...) be effortlessly identified and labelled as being of a particular kind. Like an illustration in a child’s reader, we could look around our environment and attach labels to all of the objects and kinds of things around us. (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)

This dissertation is a critical examination of Kant's use of the notion of "moral progress" throughout all of his writings. The dissertation is divided into two sections. The first looks at Kant's analysis of history and teleology. I argue, against many commentators, that Kant is already aware of the limitations of the concept of teleology with the writing of the first Critique, and thus his important notion of moral progress does not go beyond the bounds set by the first Critique, (...) nor is it merely a misconstrued notion of teleology which is eliminated with the third Critique. ;In the first section I make three main points. First, I argue that Kant gives us two locations for the highest good: in an afterlife and on earth. I argue that we ought to take this division and its implications seriously. Second, I argue that Kant uses the notion of moral progress as a postulate of pure practical reason, necessary for the defense of a highest good on earth. Third, I show that there is a strong connection between moral progress and politics, arguing that political institutions are a necessary but not sufficient condition for moral progress. ;The second section is constructive, attempting to show exactly how this notion of moral progress operates in Kant's philosophy. In the first half, I present an intensive analysis of Kant's concept of the highest good, several problems with its conceivability, and its link between morality and politics. Next, I outline what I take to be the five steps involved in moral progress. In the last chapters I argue that the notion of moral progress is indeed a necessary postulate of practical reason given the rest of Kant's philosophical system. I conclude by showing how my interpretation strengthens Kant's position and gives new insight to his understanding of political theory. (shrink)

A review of Edward Feser's Five Proofs of the Existence of God.

A brief review of John Polkinghorne's 2011 book Science and Religion in Quest of Truth (Yale University Press).

A review of Robert. B. Stewart's edited volume concerning a discussion between William Dembski and Michael Ruse. Further contributions are included from William Lane Craig and others.

Suppose we accept Nietzsche’s claim that critical reflection undermines our evaluative commitments. Then it seems that we are left with a pair of unappealing options: either we engage in critical reflection and find our evaluative commitments becoming etiolated; or we somehow immunize certain evaluative commitments from the effects of critical reflection. Nietzsche considers both of these paths, labeling the person who results from the first path “the last man” and the person who results from the second “the fanatic.” I consider (...) Nietzsche’s analysis of these two character types, discuss why he thinks that in modernity these are the options with which we are faced, and ask whether Nietzsche thinks that there is a third way. (shrink)

What was René Girard’s attitude towards philosophy? What philosophers influenced him? What stance did he take in the philosophical debates of his time? What are the philosophical questions raised by René Girard’s anthropology? In this interview, Paul Dumouchel sheds light on these issues.

In the replies to my critics that follow I offer a more detailed account of the specific papers that they discuss or examine. The papers that they are especially concerned with are: “The Material World and Natural Religion in Hume’s Treatise” (Ryan) [Essay 3], “Hume’s Skepticism and the Problem of Atheism” (Fosl) [Essay 12], and “Hume’s Philosophy of Irreligion and the Myth of British Empiricism (Gautier) [Essay 16].

Recasting Hume and Early Modern Philosophy is a collection of essays that are all concerned with major figures and topics in the early modern philosophy. Most of the essays are concerned, more specifically, with the philosophy of David Hume (1711-1776). The sixteen essays included in this collection are divided into five parts. These parts are arranged under the headings of: (1) Metaphysics and Epistemology; (2) Free Will and Moral Luck; (3) Ethics, Virtue and Optimism; (4) Skepticism, Religion and Atheism; and (...) (5) Irreligion and the Unity of Hume’s Thought. A particularly important theme running through many of these essays is the subject of Hume’s irreligious aims and intentions. The fifth and final part of the collection is devoted to an articulation and defence of this specific understanding of Hume’s philosophical thought. (shrink)

Some ‘naturalist’ accounts of disease employ a biostatistical account of dysfunction, whilst others use a ‘selected effect’ account. Several recent authors have argued that the biostatistical account offers the best hope for a naturalist account of disease. We show that the selected effect account survives the criticisms levelled by these authors relatively unscathed, and has significant advantages over the BST. Moreover, unlike the BST, it has a strong theoretical rationale and can provide substantive reasons to decide difficult cases. This is (...) illustrated by showing how life-history theory clarifies the status of so-called diseases of old age. The selected effect account of function deserves a more prominent place in the philosophy of medicine than it currently occupies. _1_ Introduction _2_ Biostatistical and Selected Effect Accounts of Function _3_ Objections to the Selected Effect Account _3.1_ Boorse _3.2_ Kingma _3.3_ Hausman _3.4_ Murphy and Woolfolk _4_ Problems for the Biostatistical Account _4.1_ Schwartz _5_ Analysis versus Explication _6_ Explicating Dysfunction: Life History Theory and Senescence _7_ Conclusion. (shrink)

THE PRINCIPLE OF SUPERPOSITION. The need for a quantum theory Classical mechanics has been developed continuously from the time of Newton and applied to an ...

The relation of normic support offers a novel solution to the proof paradox: a paradox in evidence law arising from legal cases involving merely statistical evidence (Smith 2018). Central to the normic support solution has been the thesis that merely statistical evidence cannot confer normic support. However, it has been observed that there are exceptions to this: there exist cases where merely statistical evidence can give rise to normic support (Blome-Tillmann 2020). If correct, this fact seems to undermine the normic (...) support solution to the proof paradox. This paper explores a resolution: normic support can resolve the proof paradox even though merely statistical evidence sometimes gives rise to normic support. The key to understanding this resolution lies with a source of evidential support that arises out of bodies of evidence that involve *character evidence* (Colyvan, et al. 2001). It turns out that character evidence can provide normic support when it is grounded in our knowledge of a certain kind of disposition individuals can have: *goal-directed dispositions*. The upshot is the recovery of the normic support solution to the puzzle of whether statistical evidence can meet legal standards of proof. (shrink)