Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

It has long been thought that observing distinctive traces of quantum gravity in a laboratory setting is effectively impossible, since gravity is so much weaker than all the other familiar forces in particle physics. But the quantum gravity phenomenology community today seeks to do the (effectively) impossible, using a challenging novel class of `tabletop' Gravitationally Induced Entanglement (GIE) experiments, surveyed here. The hypothesized outcomes of the GIE experiments are claimed by some (but disputed by others) to provide a `witness' of (...) the underlying quantum nature of gravity in the non-relativistic limit, using superpositions of Planck-mass bodies. We inspect what sort of achievement it would possibly be to perform GIE experiments, as proposed, ultimately arguing that the positive claim of witness is equivocal. Despite various sweeping arguments to the contrary in the vicinity of quantum information theory or given low-energy quantum gravity, whether or not one can claim to witness the quantum nature of the gravitational field in these experiments decisively depends on which out of two legitimate modelling paradigms one finds oneself in. However, by situating GIE experiments in a tradition of existing experiments aimed at making gravity interestingly quantum in the laboratory, we argue that, independently of witnessing or paradigms, there are powerful reasons to perform the experiments, and that their successful undertaking would indeed be a major advance in physics. (shrink)

Cognitive penetration of perception, broadly understood, is the influence that the cognitive system has on a perceptual system. The paper shows a form of cognitive penetration in the visual system which I call ‘architectural’. Architectural cognitive penetration is the process whereby the behaviour or the structure of the perceptual system is influenced by the cognitive system, which consequently may have an impact on the content of the perceptual experience. I scrutinize a study in perceptual learning that provides empirical evidence that (...) cognitive influences in the visual system produce neural reorganization in the primary visual cortex. The type of cognitive penetration can be synchronic and diachronic. (shrink)

Persons think. Bodies, time-slices of persons, and brains might also think. They have the necessary neural equipment. Thus, there seems to be more than one thinker in your chair. Critics assert that this is too many thinkers and that we should reject ontologies that allow more than one thinker in your chair. I argue that cases of multiple thinkers are innocuous and that there is not too much thinking. Rather, the thinking shared between, for example, persons and their bodies is (...) exactly what we should expect at the intersection of part sharing and the supervenience of the mental on the physical. I end by responding to the overcrowding objection, the personhood objection, the personal-pronoun reference problem and the epistemic objection. (shrink)

This paper replies to a commentary by John-Stewart Gordon on our paper, “The Moral Standing of Social Robots: Untapped Insights from Africa.” In the original paper, we set forth an African relational view of personhood and show its implica- tions for the moral standing of social robots. This reply clarifies our position and answers three objections. The objections concern (1) the ethical significance of intelligence, (2) the meaning of ‘pro-social,’ and (3) the justification for prioritizing humans over pro-social robots.

We need modal imagination in order to extend our conception of reality - and, in particular, of human beings - beyond our immediate experience in the indexical present; and we need to do this in order to preserve the significance of human interaction. To make this leap of imagination successfully is to achieve not only insight but also an impartial perspective on our own and others' inner states. This perspective is a necessary condition of experiencing compassion for others. This is (...) the primary thesis I will try to defend in this discussion. (shrink)

How can we have a sense of the presence of ordinary three-dimensional objects (e.g., an apple on my desk, a partially occluded cat behind a picket fence) when we are only presented with some parts of objects perceived from a particular egocentric viewpoint (e.g., the facing side of the apple, the unoccluded parts of the cat)? This paper presents and defends a novel answer to this question by incorporating insights from two prominent contemporary theories of perception, naïve realism and sensorimotor (...) theory. Naïve realism is the view that perception is fundamentally a matter of obtaining a relation of ‘acquaintance’ with some mind-independent entities (e.g., objects, properties, events). Sensorimotor theory holds that perception involves implicit practical understanding or ‘anticipation’ of the covariance between movements and sensory changes. I argue that perceptual presence is best accounted for in terms of the combination of our direct ‘acquaintance’ with some parts of perceived objects and sensorimotor ‘anticipations’ of how the objects would look different depending on some movements and actions. (shrink)

This paper defends the idea that phenomenological approaches to self-consciousness can enrich the current analytic philosophy of perception, by showing how phenomenological discussions of minimal self-consciousness can enhance our understanding of the phenomenology of conscious perceptual experiences. As a case study, I investigate the nature of the relationship between naïve realism, a contemporary Anglophone theory of perception, and experiential minimalism (or, the ‘minimal self’ view), a pre-reflective model of self-consciousness originated in the Phenomenological tradition. I argue that naïve realism is (...) not only compatible with, but can be supplemented with experiential minimalism in a novel way. The suggestion is that there are reasons to combine naïve realism and experiential minimalism. My focus here will be on drawing a connection between the notion of minimal self and two core theoretical commitments of naïve realism, relationalism and transparency. (shrink)

In this book I argue that school integration is not a proxy for educational justice. I demonstrate that the evidence consistently shows the opposite is more typically the case. I then articulate and defend the idea of voluntary separation, which describes the effort to redefine, reclaim and redirect what it means to educate under preexisting conditions of segregation. In doing so, I further demonstrate how voluntary separation is consistent with the liberal democratic requirements of equality and citizenship. The position I (...) defend is not opposed to integration but rather is a justified response to the daily experience of frustration and disappointment with a system that has failed members of marginalized groups for too long. I argue that most voluntary separation experiments in education, far from being motivated by a sense of racial, cultural or religious exclusion, are in fact driven among other things by a desire for a quality education, not to mention community membership and self respect. As such, voluntary separation represents a morally robust pragmatic strategy that is able to answer liberal challenges concerning involuntary stratification, ethnocentrism and democratic deliberation. (shrink)

Terraforming is a process of planetary engineering by which the extant environment of a planetary body is transformed into an environment capable of supporting human inhabitants. The question I would like to consider in this paper is whether there is any reason to believe that the terraforming of another planet—for instance, the terraforming of Mars—is morally problematic. Topics related to the human exploration of space are not often discussed in philosophical circles. Nevertheless, there exists a growing body of philosophical literature (...) dedicated to sorting out the moral implications of the use of resources from (and in) space. Most of this literature is produced as environmental philosophy. Questions of .. (shrink)

In this article I examine two basic questions: first, what constitutes a gifted person, and secondly, is there justification in making special educational provision for gifted children, where special provision involves spending more on their education than on the education of ‘normal’ children? I consider a hypothetical case for allocating extra resources for the gifted, and argue that gifted children are generally denied educational justice if they fail to receive an education that adequately challenges them. I further argue that an (...) adequately challenging education is essential to human flourishing, but that most children can be adequately challenged in schools in ways that promote flourishing without doing so at the expense of other children. (shrink)

As the debate between realists and empiricists in the philosophy of science drags on, one point of consensus has emerged: no one wants to be a manifestationalist. The manifestationalist is a kind of radical empiricist who argues that science provides theories that aim neither at a true picture of the entire world, nor even an empirically adequate picture that captures the world in all its observable respects. For manifestationalists, science aims only at providing theories that are true to the observed (...) aspects of reality. If the guiding idea of empiricism is that experience, and experience alone, provides us with knowledge about the world, then manifestationalism is an exceptionally strict empiricist perspective on science. Manifestationalism has primarily served within a reductio: certain empiricist views and arguments, when taken to their logical conclusion, lead to manifestationalism and so cannot be correct. The reductio works only because manifestationalism is widely agreed to be a non-starter. However, this consensus against manifestationalism is based on a single argument. We contest this assessment of manifestationalism and show that the primary argument against manifestationalism fails to hit its target. We do not intend to offer a manifesto for manifestationalism. Rather, we aim to vindicate it from a false accusation. Manifestationalism may not be the correct view of science, but the objections levied against it so far can be met. (shrink)

Abstract: The integration of Artificial Intelligence (AI) into medical imaging marks a transformative advancement in healthcare, significantly enhancing diagnostic accuracy, efficiency, and patient outcomes. This paper delves into the application of AI technologies in medical image analysis, with a particular focus on techniques such as convolutional neural networks (CNNs) and deep learning models. We examine how these technologies are employed across various imaging modalities, including X-rays, MRIs, and CT scans, to improve disease detection, image segmentation, and diagnostic support. Furthermore, the (...) paper discusses the challenges associated with AI-driven medical imaging, such as data quality, model interpretability, and ethical considerations. By analyzing recent advancements and real-world case studies, this paper offers insights into the current landscape of AI in medical imaging and explores its potential future directions. The findings underscore the ongoing evolution of AI technologies and their pivotal role in advancing medical diagnostics and treatment strategies. (shrink)

In this article we challenge the notion that diversity serves as a good proxy for educational justice. First, we maintain that the story about how diversity might be accomplished and what it might do for students and society is internally inconsistent. Second, we argue that a disproportionate share of the benefits that might result from greater diversity often accrues to those already advantaged. Finally, we propose that many of the most promising and pragmatic remedies for educational injustice are often rejected (...) by liberal proponents of “diversity first” in favor of remedies that in most cases are practically impossible, and often problematic on their own terms. We argue that schools that are by geography and demography not ethnically or socioeconomically diverse still can successfully confront the obstacles that their students face in creating a life they have reason to value. (shrink)

In this paper we aim to demonstrate the enormous ethical complexity that is prevalent in child obesity cases. This complexity, we argue, favors a cautious approach. Against those perhaps inclined to blame neglectful parents, we argue that laying the blame for child obesity at the feet of parents is simplistic once the broader context is taken into account. We also show that parents not only enjoy important relational prerogatives worth defending, but that children, too, are beneficiaries of that relationship in (...) ways difficult to match elsewhere. Finally, against the backdrop of growing public concern and pressure to intervene earlier in the life cycle, we examine the perhaps unintended stigmatizing effects that labeling and intervention can have and consider a number of risks and potential harms occasioned by state interventions in these cases. (shrink)

The aim of this critical commentary is to distinguish and analytically discuss some important variations in which legal moralism is defined in the literature. As such, the aim is not to evaluate the most plausible version of legal moralism, but to find the most plausible definition of legal moralism. As a theory of criminalization, i.e. a theory that aims to justify the criminal law we should retain, legal moralism can be, and has been, defined as follows: the immorality of an (...) act of type A is a sufficient reason for the criminalization of A, even if A does not cause someone to be harmed. In what follows, I critically examine some of the key definitions and proposals that have, unfortunately, not always been carefully distinguished. Finally, I propose a definition that seems to capture the essence of what many philosophers refer to when they talk about legal moralism, while also providing more clarity. (shrink)

In this article, I make a philosophical case for the state to fund religious schools. Ultimately, I shall argue that the state has an obligation to fund and provide oversight of all schools irrespective of their religious or non-religious character. The education of children is in the public interest and therefore the state must assume its responsibility to its future citizens to ensure that they receive a quality education. Still, while both religious schools and the polity have much to be (...) gained from direct funding, I will show that parents and administrators of these schools may have reasons to be diffident toward the state and its hypothetical interference. While the focus of the paper is primarily on the American educational context, the philosophical questions related to state funding and oversight of religious schools transcend any one national context . (shrink)

(摘要)在哲学史上，许多学者阐释了《存在与时间》的碎片化和"失败"，海德格尔本人对此也提出了三 种阐辛辛《存在与时间》因出版条件导致了偶然的不完整性，这种不完整性后来又作为存在历史的一部分而被提出。在思想(或未思)与偶然的经验意义上或存在者意义上生存着的 "作者"之间，存在着"间隙"，关于这个"间隙"的研究表明:在海德格尔的哲学生涯中，他对《存在与时间》的重要性做出的最好阐樨蕴含着一种关于&q uot;生活与著作"之间关系的理解，其中包含对生活经历的批判性理解和反思在内的理解，这种理解不同于海德格尔本人所坚持的更接近于解释学视角和阐择策略的理解。.

Migraine is a complex neurological disorder characterized by recurrent moderate to severe headaches, accompanied by additional symptoms such as nausea, sensitivity to light and sound, and visual disturbances. Accurate and timely diagnosis of migraines is crucial for effective management and treatment. However, the diverse range of symptoms and overlapping characteristics with other headache disorders pose challenges in the diagnostic process. In this research, we propose the development of an expert system for migraine diagnosis using artificial intelligence and the CLIPS (C (...) Language Integrated Production System) framework. The expert system utilizes a rule-based inference engine to analyze patient-reported symptoms and provide reliable diagnoses or probability scores indicating the likelihood of migraine. The knowledge base of the expert system is designed based on expert knowledge obtained from medical professionals specializing in migraines. The collected knowledge is translated into a structured format suitable for the CLIPS inference engine, incorporating rules and facts to represent the diagnostic criteria and associated symptoms. The system prompts users to provide relevant information about their symptoms, medical history, and potential triggers. It applies the defined rules and facts to evaluate the likelihood of migraine and generate accurate diagnoses or probability scores. Preliminary evaluation results demonstrate the potential of the expert system as a valuable tool for diagnosing migraines. A dataset of anonymized patient records with confirmed migraine cases was used to test the system. The diagnoses generated by the expert system were compared against the known diagnoses, and a high level of accuracy was observed, with 90% of cases correctly diagnosed as migraines. These results highlight the effectiveness and reliability of the system in assisting medical professionals in the diagnosis of migraines. The proposed expert system offers several advantages for migraine diagnosis. It leverages the collective knowledge and expertise of experienced migraine specialists, providing a standardized and consistent approach to diagnosis. The system can handle large amounts of patient data and effectively analyse complex relationships between symptoms, risk factors, and diagnostic criteria. Furthermore, it offers real-time feedback and recommendations, supporting medical professionals in their clinical decision-making process. Future work involves refining the expert system based on feedback from medical experts, expanding the knowledge base to encompass a wider range of symptoms and risk factors, and conducting further evaluations to enhance its accuracy and applicability in clinical settings. The development of an expert system for migraine diagnosis has the potential to improve the diagnostic process, leading to more effective management and treatment strategies for individuals suffering from migraines. (shrink)

This paper initiates a dialogue between classical Islamic philosophy and late modern European thought, by focusing on two peripheral, ‘heretical’ figures within these traditions: Abū Bakr Muḥammad ibn Zakariyāʾ al-Rāzī and Friedrich Nietzsche. What affiliates these thinkers across the cultural and historical chasm that separates them is their mutual fascination with, and profound indebtedness to, ancient Greek and Hellenistic philosophy. Given the specific themes, concerns and doctrines that they appropriate from this common source, I argue that al-Rāzī and Nietzsche should (...) be read as Epicureans and seen in relation to their predecessor as part of the subterranean tradition of philosophical naturalism. However, while each figure appropriates the philosophy of Epicurus, they ultimately transform it in important ways: al-Rāzī offers us a qualified “Platonic” Epicureanism, while Nietzsche forges a radicalized “Dionysian” Epicureanism. The point of such a comparative examination is twofold. First, analyzing the divergent paths of these “wayward” Epicureans sheds new light on the historical trajectory of naturalism as a philosophical stance (as well as its current prospects and limitations). Second, by initiating a dialogue between the classical Islamic and modern European philosophical traditions, we can better understand the antagonisms and shared concerns between these two horizons, as well as the ambiguities and self-questioning that occur within them. (shrink)

There is a broad consensus, within the interlocking system of art institutions, on the goals viewed as worth achieving. Artists, for example, will strive to realize broadly formalist values in their work; critics will strive to discern and articulate the achievement of such values; dealers will strive to discover and promote artists whose work successfully reflects these standards; and collectors will strive to acquire and exchange such work.The long-range effect of this tightly defended consensus is that the art practitioners who (...) share it determine - through their shared values and practices, and the economic and social factors that determine them - the criteria of critical evaluation for all art that aspires to entry into existing art institutions. I shall describe this as a state of critical hegemony. That is, the socioeconomically determined aesthetic interests of these individuals define not only what counts as "good" and "bad" art, but what counts as art, period. (shrink)

It aimed to identify the strategic creativity in Islamic banks in Palestine between reality and implementation. The study adopted the descriptive analytical approach. A questionnaire was designed as a tool for the study. The study community consisted of all employees in Islamic banks from the top and middle management and the study has been applied to the Palestinian Islamic bank and the Arab Islamic Bank. The comprehensive inventory method was used, given the small size of the study sample, as questionnaires (...) were distributed to (175) employees, and a number of (5) categories were chosen from each branch of the bank(general manager, deputy general manager, director Branch, department head, department manager). (164) questionnaires have been used Recovered with a recovery rate of (93.71%). The study showed a number of results, the most important of which is the availability of dimensions of strategic innovation at a high level in Islamic banks in Palestine with a relative weight of (82.22%). In addition, that there are no differences between the averages estimates about the reality of the study variables in Islamic banks due to (gender, age group, educational qualification, number of years of service, job title). The study also presented a set of recommendations, including that the bank should provide the environment and the appropriate climate for employees to invest their intellectual energy, urge them to strategic creativity, and deal fairly with all creative ideas regardless of their source. (shrink)

As social and interdependent beings, we have responsibilities to each other. One of them is to recognize each other appropriately. When we fail to meet this responsibility, we often stigmatize. In this paper, I argue that the COVID-19-related stigmatization is a variation of the lack of recognition understood as an orientation to our evaluative features. Various stereotypical behaviors regarding COVID-19 become stigmatized practices because of labeling, stereotyping, separation, status loss and discrimination, and power. When people stigmatize COVID-19 victims, they orient (...) themselves to their evaluative quality of being vulnerable to the SARS-CoV-2 virus by internalizing the victims as dangerous, understanding them as separable, and being motivated to act with them differently. All this causes the COVID-19 victims to lose status and suffer discrimination for which they do not experience participatory parity in different facets of their lives, rendering the COVID-19-related stigmatization an appalling example of misrecognition. (shrink)

This essay argues that the exploration of scepticism and its implications in the work of Stanley Cavell and David Hume bears more similarities than is commonly acknowledged, especially along the lines of what I wish to call “sceptical naturalism.” These lines of similarity are described through the way each philosopher relates the “natural” and “nature” to the universal, the necessary, and the conventional.

Western philosophy has been defined through the exclusion of non-Western forms of thought as non-philo-sophical. In this paper, I place the notion of what is “properly” philosophy into question by contrasting the essence/appearance paradigm governing Western metaphysics and its deconstructive critics with the more fluid, dynamic, and participatory forms of encountering and performatively enacting the world that are articulated in Chinese thinking and made apparent in Chinese painting. In this hermeneutical contrast, Western and Chinese thinking themselves are interpeted as co-relational (...) rather than as discrete, mutually indifferent or ethnocentrically nativist traditions. (shrink)

This chapter discusses three types of sociable robots for older adults: robotic caregivers ; robotic friends ; and sex robots. The central argument holds that society ought to make reasonable efforts to provide these types of robots and that under certain conditions, omitting such support not only harms older adults but poses threats to their dignity. The argument proceeds stepwise. First, the chapter establishes that assisting care-dependent older adults to perform activities of daily living is integral to respecting dignity. Here, (...) the argument establishes the vital role that carebots-of-the-future might play in aged societies as the supply of working age adults falls shy of demand. Next, the chapter extends this analysis to designing friendbots for socially isolated older adults. The argument holds that reasonable efforts to provide access to friendbots for socially isolated adults is also a future societal responsibility. Finally, the chapter applies similar reasoning to show that societies ought to make reasonable efforts to support sexual capabilities for older adults who want to be sexual but are bereft of sex partners. The argument draws on capability accounts of justice to show that when central human capacities, such as bodily integrity; intimate relationships; and the use of senses, imagination and thought, are at risk of falling below a threshold level, society should intercede. (shrink)

This chapter sets forth an interpretation of public reason that appeals to our central capabilities as human beings. I argue that appealing to central human capabilities and to the related idea of respect for threshold capabilities is the best way to understand public reason. My defense of this position advances stepwise: first, I consider a central alternative to a capability account, which regards public reason as a matter of contracting; next, I describe central concerns with contract views and show how (...) a capability view can avoid them; lastly, I consider extending public reason beyond national borders and test the two views in this context. (shrink)

About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: -/- Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. -/- This asymmetry is (...) obviously just a rough structure. It leaves a lot of room for interpretation. Several retributivists have argued for progressive loss of mitigation (PLM). On this view, a first-time offender receives a discount on punishment that is gradually lost if he re-offends. When the discount is lost the offender receives the full punishment, and re-offending from that point on will be punished equally. However, recently some retributivists have argued in favour of a cumulative principle (CP) according to which an offender will progressively be punished more severely the more convictions he has accumulated. In sum, in the theoretical literature on the subject, Asymmetry A has been the mantra for several prominent retributivists. The aim of this paper is to point to an all but overlooked logical point in the discussion of punishment and recidivism. This is the point that it follows, from retributivism, that there is a reason - at least in some situations, as we shall see - to support what we may call: -/- Asymmetry B The punishment of repeat offenders should be more lenient than the punishment of first-time offenders. (shrink)

Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing x (...) into existence, and what the demonstration of freedom brings into existence is a moral will, a will regulated by the moral law and capable of acting in accordance with it. Since to act morally is to act freely, bringing a moral will into existence actualizes our capacity for freedom and demonstrates that we possess it. To confirm the viability of such a demonstration, Kant must establish that agents can regulate their wills by practical principles, and that practical judgments are efficacious of themselves (i.e., that non-Humean motivational internalism is true). Kant, I argue, is successful on both counts. (shrink)

Dieser Beitrag greift das Phänomen Fake News auf und plädiert für einen analytischen Zugang zur Thematik. Zunächst grenzt er den Begriff der Fake News von anderen Phänomenen ab. Er zeigt auf, dass der Begriff nicht nur keinen analytischen Mehrwert bietet, sondern dass er die eigentlichen Probleme verschleiert und als Propagandabegriff u.a. Verwendung findet, um Zensur zu rechtfertigen und die Gegenseite zu delegitimieren. Trotzdem sollte die Politische Bildung nicht vollkommen auf den Begriff verzichten. Versteht man Fake News als einen fließenden Signifikant (...) in hegemonischen Projekten, erlaubt dies den Zugriff auf die politische Dimension von Desinformation. Fake News als politischer Kampfbegriff lässt sich darüber hinaus als einen Angriff auf die Autorität der Leitmedien interpretieren. Der Autor geht im Anschluss sowohl auf die inhaltliche als auch auf die formelle Dimension dieses Angriffs ein. Darauf basierend erarbeitet er einen Vorschlag, wie Fake News auf analytischer Basis in der Politischen Bildung behandelt werden könnten. (shrink)

Das Ziel, die Lernenden zu befähigen, als selbstbestimmte und -ermächtigte Bürger*innen am Politischen teilzuhaben, verlangt in einer Mediengesellschaft unter anderem danach, jene Systeme verstehen, kritisieren und gestalten zu können, die politische Information kreieren und verbreiten. Um der Komplexität und den Interdependenzen dieser Systeme gerecht zu werden, ist auf verschiedenste Fachbereiche und deren Zugänge zurückzugreifen. Diese bilden die Grundlage, um Lernende zu befähigen, sich selbstbestimmt und emanzipiert mit den gesellschaftspolitischen Fragen des 21. Jahrhunderts auseinanderzusetzen. Basierend auf den Beiträgen dieses Sammelbandes skizzieren (...) wir grundlegende Aspekte einer Politischen Bildung für die digitale Öffentlichkeit. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...) the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

It is commonly assumed that persons who hold abortions to be generally impermissible must, for the same reasons, be opposed to embryonic stem cell research [ESR]. Yet a settled position against abortion does not necessarily direct one to reject that research. The difference in potentiality between the embryos used in ESR and embryos discussed in the abortion debate can make ESR acceptable even if one holds that abortion is impermissible. With regard to their potentiality, in vitro embryos are here argued (...) to be more morally similar to clonable somatic cells than they are to in vivo embryos. This creates an important moral distinction between embryos in vivo and in vitro. Attempts to refute this moral distinction, raised in the recent debate in this journal between Alfonso Gómez-Lobo and Mary Mahowald, are also addressed. (shrink)

Aunque el derecho probatorio y el derecho procesal se han dedicado desde siempre al estudio de los problemas relacionados con las pruebas y el establecimiento de los hechos en los procesos judiciales, el énfasis ha estado siempre en el aspecto formal, doctrinal y procedimental en detrimento de los fundamentos filosóficos y teóricos. Durante los últimos años ha habido un intento sostenido de explorar estos fundamentos combinando no sólo las herramientas tradicionales proporcionadas por la lógica, la gramática y la retórica, sino (...) también los avances hechos en ciencias como la estadística y la probabilidad, la medicina y la psicología forenses, la psicología de la percepción, la epistemología y la filosofía de la ciencia. El presente libro reúne las contribuciones de destacados juristas y filósofos latinoamericanos a esta nueva perspectiva interdisciplinaria, conocida como epistemología jurídica. El libro está dividido en tres grandes temas: la primera parte explora los problemas epistemológicos del conocimiento de los hechos en los procesos judiciales; la segunda se enfoca en el problema de los estándares de prueba; y la sección final discute el testimonio de los expertos. En su conjunto el libro ofrece un panorama tanto de los problemas centrales de la epistemología jurídica, como del estado del arte de la disciplina. (shrink)