This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to heart that (...) the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

Es difícil imaginar una sociedad del buen vivir sin arte. Por ello, la creatividad artística es reconocida como derecho en la Constitución del Ecuador, y como derecho humano en los intrumentos internacionales relevantes. Partiendo de esta reflexión, los artículos de este libro argumentan que siendo el arte un derecho, le corresponde al Estado la provisión de condiciones para su garantía por medio de políticas públicas, que deben tomar en cuenta tanto las especificidades de las personas, y los pueblos y nacionalidades, (...) como el contexto tecnológico de la era digital, que brinda las bases para una sociedad abierta donde el conocimiento sea libre. (shrink)

Detractors of Searle’s Chinese Room Argument have arrived at a virtual consensus that the mental properties of the Man performing the computations stipulated by the argument are irrelevant to whether computational cognitive science is true. This paper challenges this virtual consensus to argue for the first of the two main theses of the persons reply, namely, that the mental properties of the Man are what matter. It does this by challenging many of the arguments and conceptions put forth by the (...) systems and logical replies to the Chinese Room, either reducing them to absurdity or showing how they lead, on the contrary, to conclusions the persons reply endorses. The paper bases its position on the Chinese Room Argument on additional philosophical considerations, the foundations of the theory of computation, and theoretical and experimental psychology. The paper purports to show how all these dimensions tend to support the proposed thesis of the persons reply. (shrink)

This paper is a follow-up of the first part of the persons reply to the Chinese Room Argument. The first part claims that the mental properties of the person appearing in that argument are what matter to whether computational cognitive science is true. This paper tries to discern what those mental properties are by applying a series of hypothetical psychological and strengthened Turing tests to the person, and argues that the results support the thesis that the Man performing the computations (...) characteristic of understanding Chinese actually understands Chinese. The supposition that the Man does not understand Chinese has gone virtually unquestioned in this foundational debate. The persons reply acknowledges the intuitive power behind that supposition, but knows that brute intuitions are not epistemically sacrosanct. Like many intuitions humans have had, and later deposed, this intuition does not withstand experimental scrutiny. The second part of the persons reply consequently holds that computational cognitive science is confirmed by the Chinese Room thought experiment. (shrink)

Es difícil imaginar una sociedad del buen vivir sin arte. Por ello, la creatividad artística es reconocida como derecho en la Constitución del Ecuador, y como derecho humano en los intrumentos internacionales relevantes. Partiendo de esta reflexión, los artículos de este libro argumentan que siendo el arte un derecho, le corresponde al Estado la provisión de condiciones para su garantía por medio de políticas públicas, que deben tomar en cuenta tanto las especificidades de las personas, y los pueblos y nacionalidades, (...) como el contexto tecnológico de la era digital, que brinda las bases para una sociedad abierta donde el conocimiento sea libre. (shrink)

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)

The thesis develops solutions to two main problems for mental realism. Mental realism is the theory that mental properties, events, and objects exist, with their own set of characters and causal powers. The first problem comes from the philosophy of science, where Psillos proposes a notion of scientific realism that contradicts mental realism, and consequently, if one is to be a scientific realist in the way Psillos recommends, one must reject mental realism. I propose adaptations to the conception of scientific (...) realism to make it compatible with mental realism. In the process, the thesis defends computational cognitive science from a compelling argument Searle can be seen to endorse but has not put forth in an organized logical manner. A new conception of scientific realism emerges out of this inquiry, integrating the mental into the rest of nature. The second problem for mental realism arises out of non-reductive physicalism- the view that higher-level properties, and in particular mental properties, are irreducible, physically realized, and that physical properties are sufficient non-overdetermining causes of any effect. Kim’s Problem of Causal Exclusion aims to show that the mental, if unreduced, does no causal work. Consequently, given that we should not believe in the existence of properties that do not participate in causation, we would be forced to drop mental realism. A solution is needed. The thesis examines various positions relevant to the debate. Several doctrines of physicalism are explored, rejected, and one is proposed; the thesis shows the way in which Kim’s reductionist position has been constantly inconsistent throughout the years of debate; the thesis argues that trope theory does not compete with a universalist conception of properties to provide a solution; and shows weakness in the Macdonald’s non-reductive monist position and Pereboom’s constitutional coincidence account of mental causation. The thesis suggests that either the premises of Kim’s argument are consistent, and consequently his reductio is logically invalid, or at least one of the premises is false, and therefore the argument is not sound. Consequently, the Problem of Causal Exclusion that Kim claims emerges out of non-reductive physicalism does not force us to reject mental realism. Mental realism lives on. (shrink)