En el presente artículo se realiza una aproximación de derecho comparado — en Colombia, España y en los sistemas comunitarios andino y europeo — a la vulgarización de la marca y a su caducidad como efecto estabilizador del mercado. Así, se llega a proponer una ruta de estudio que aborda desde la pérdida de distintividad hasta las exigencias de un mercado global, el cual requiere una efectiva adecuación de las políticas de protección y promoción de los signos distintivos, con el (...) fin de garantizar un libre acceso de la competencia teniendo como prioridad el rol de los consumidores. (shrink)

"Sofò e Fefilìa" attinge dal mondo antico - dalla sua potenza -, ma possiede come sfondo del lucido meditare la contemporaneità. Un'analisi estrema, tragica, della vasta gamma dei sentimenti umani, che coniuga - in modo personale e innovativo - diverse anime: la poetica di d'Annunzio; la filosofia di Cioran, Weil, Heidegger, Schopenhauer, Leopardi, Pascal; la psicologia del profondo di Jung. Un tema, tanti temi: la vita-morte con le sue molteplici declinazioni in chiave gnostica. Sofò, perché Sofia è sapienza, lucetempo (...) delle menti, seme di salvezza. Il mito gnostico insegna, infatti, che l'uomo spirituale ritornerà alla luce e sarà la redenzione. Fefilìa, in quanto Fede e Amore costituiscono le cifre dell'e-sistenza. Prefazione: prof. Alberto Giovanni Biuso - Disponibile sul sito: BookSprint Edizioni -. (shrink)

When interacting with other people, we assume that they have their reasons for what they do and believe, and experience recognizable feelings and emotions. When people act from weakness of will or are otherwise irrational, what they do can still be comprehensible to us, since we know what it is like to fall for temptation and act against one’s better judgment. Still, when someone’s experiences, feelings and way of thinking is vastly different from our own, understanding them becomes increasingly difficult. (...) Delusions and psychosis are often seen as marking the end of intelligibility. In this paper, I argue first for the importance of seeing other people as intelligible as long as this is at all possible. Second, I argue, based on both previous literature and my own lived experience, that more psychotic phenomena than previously thought can be rendered at least somewhat intelligible. Besides bizarre experiences like illusions, hallucinations and intense feelings of significance, I also explain what it is like to lose one’s bedrock, and how this loss impacts which beliefs one has reason to reject. Finally, I give an inside account of some disturbances of reason, and show that there are important similarities between certain psychotic reasoning problems and common non-pathological phenomena. (shrink)

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

Wouter Kusters argues that madness has much to offer philosophy, as does philosophy to madness. In this paper, i support both claims by drawing on a mad phenomenon which I label Radical Psychotic Doubt, or RPD. First, although skepticism is a minority position in epistemology, it has been claimed that anti-skeptical arguments remain unsatisfying. I argue that this complaint can be clarified and strengthened by showing that anti-skeptical arguments are irrelevant to RPD sufferers. Second, there's a debate about whether so-called (...) hinge commitments are beliefs or not. I argue that RPD can be used to strengthen the case that they are. Moreover, if hinges are beliefs, some madpeople are more epistemically rational than some sane philosophers. Third, drawing on my own mad experiences, I challenge evidentialism by presenting a better candidate for a truly forced cchoice about what to believe than William James' traditional religious example. I further show that in certain psychiatric contexts, evidentialism has more radical implications than Jamesian pragmatism, which comes out as more conservative. Finally, I discuss how philosophical theories like pragmatism and Pyrrhonism can provide inspiration for new and much-needed coping strategies for RPD sufferers. (shrink)

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

The medical and social model of disability is discussed and debated among researchers, scholars, activists, and people in general. It is common to hold a mixed view and believe that some disabled people suffer more from social obstacles and others more from medical problems inherent in their bodies or minds. Rachel Cooper discusses possible ‘test environments’, making explicit an idea which likely plays an implicit part in many disability discussions. We place or imagine placing the disabled person in a range (...) of different environments. If there is a relevant test environment in which they do fine, their problem was societal/external; if there is not, it was medical/internal. Cooper admits that deciding on the appropriate range of test environments is an ethical and political question. In this chapter, I argue that we often ought to widen our scope when discussing psychiatric disabilities. (shrink)

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

Psychiatric patients sometimes ask where to draw the line between who they are – their selves – and their mental illness. This problem is referred to as the self-illness ambiguity in the literature; it has been argued that solving said ambiguity is a crucial part of psychiatric treatment. I distinguish a Realist Solution from a Constructivist one. The former requires finding a supposedly pre-existing border, in the psychiatric patient’s mental life, between that which belongs to the self and that which (...) belongs to the mental illness. I argue that no such border exists, and that attempts to find it might even render the felt ambiguity worse. Instead, any solution must be constructivist; the patient (and others) should deliberate and discuss what to identify with or not. I further argue that psychiatric patients need not see their mental illness as wholly distinct from themselves to avoid ‘identifying with their diagnoses' in a problematic way. Finally, we can excuse problematic behaviour by mentally ill people – in fact, we can do so in a more nuanced and constructive way – while rejecting the view that the mental illness is wholly distinct from the patient’s self. (shrink)

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

It has been argued that we cannot be morally responsible in the sense required to deserve blame or punishment if the world is deterministic, but still morally responsible in the sense of being apt targets for moral criticism. Desert-entailing moral responsibility is supposed to be more freedom-demanding than other kinds of responsibility, since it justifies subjecting people to blame and punishments, is nonconsequentialist, and has been shown by thought experiments to be incompatible with determinism. In this paper, I will show (...) that all these arguments can be resisted. (shrink)

Justin Garson introduces the distinction between two views on Madness we encounter again and again throughout history: Madness as dysfunction, and Madness as strategy. On the latter view, Madness serves some purpose for the person experiencing it, even if it’s simultaneously harmful. The strategy view makes intelligible why Madness often holds a certain allure – even when it’s prima facie terrifying. Moreover, if Madness is a strategy in Garson’s metaphorical sense – if it serves a purpose – it makes sense (...) to use consciously chosen strategies for living with Madness that doesn’t necessarily aim to annihilate or repress it as far as possible. In this paper, we use our own respective stories as case studies. We have both struggled to resist the allure of Madness, and both ended up embracing a kind of Pyrrhonian scepticism about reality instead of clinging to sane reality. (shrink)

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

Nos proponemos estudiar las objeciones de Cavendish hacia la filosofía experimental desde una perspectiva no dicotómica para mostrar que, lejos de establecer un enfrentamiento entre la filosofía contemplativa y la experimental, la razón y la sensación, o la naturaleza y el arte, la autora plantea una cooperación organizada entre estos aspectos. La postura de Cavendish puede comprenderse adecuadamente si se tiene en cuenta que su epistemología se arraiga en su metafísica, en la que los grados de la materia y los (...) distintos seres vivos que conforman el universo ocupan un lugar determinado y cumplen cierta función conformando una totalidad orgánica y armónica. (shrink)

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

How should we adjust our beliefs in light of the testimony of those who are in a better epistemic position than ourselves, such as experts and other epistemic superiors? In this paper, I develop and defend a deference model of epistemic authority. The paper attempts to resolve the debate between the preemption view and the total evidence view of epistemic authority by taking an accuracy-first approach to the issue of how we should respond to authoritative and expert testimony. I argue (...) that when we look at the debate through the lens of accuracy, it becomes clear that matters are more complicated than either the preemption view or the total evidence view are able to account for. Consequently, a deference model, outlined within a credence-based framework, does a better job of capturing the relevant phenomena, and explaining how we should update our beliefs in response to epistemically authoritative testimony. (shrink)

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

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

It is common to distinguish between “holist” and “reductionist” views of brain function, where the former envisions the brain as functioning as an indivisible unit and the latter as a collection of distinct units that serve different functions. Opposing reductionism, a number of researchers have pointed out that cortical network architecture does not respect functional boundaries, and the neuroanatomist V. Braitenberg proposed to understand the cerebral cortex as a “great mixing machine” of neuronal activity from sensory inputs, motor commands, and (...) intrinsically generated processes. In this paper, we offer a contextualization of Braitenberg’s point, and we review evidence for the interactions of neuronal activity from multiple sensory inputs and intrinsic neuronal processes in the cerebral cortex. We focus on new insights from studies on audiovisual interactions and on the influence of respiration on brain functions, which do not seem to align well with “reductionist” views of areal functional boundaries. Instead, they indicate that functional boundaries are fuzzy and context dependent. In addition, we discuss the relevance of the influence of sensory, proprioceptive, and interoceptive signals on cortical activity for understanding brain-body interactions, highlight some of the consequences of these new insights for debates on embodied cognition, and offer some suggestions for future studies. (shrink)

In this book symposium text, I focus on Ciurria’s critique of P. F. Strawson’s incredibly influential paper “Freedom and Resentment”, and more generally present-day Strawsonians about moral responsibility. Ciurria rightfully argues that the picture painted of “our responsibility practices” is highly idealized; it ignores crucial power asymmetries and oppression. I agree with this. However, it seems to me that Ciurria sometimes lacks awareness of exactly how profound the disagreement between her and Strawson and his followers is.

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

Martha Nussbaum argues that animals are entitled to a flourishing life according to the norm for their species. Nussbaum furthermore suggests that in the case of dogs, breed norms as well as species norms are relevant. Her theses capture both common intuitions among laypeople according to which there is something wrong with the breeding of “unnatural” animals, or animals that are too different from their wild ancestors, and the dog enthusiast’s belief that dogs departing from the norms for their breed (...) are tragic. I argue that the high diversity of the dog species and the ultimate arbitrariness of breed norms support the thesis that a conception of welfare must be tied to what the individual requires in order to flourish. In the second part of the paper, I discuss the implications that an individualized welfare conception has for the breeding of dogs for conformation shows, for the pet market and for the performance of various tasks for which we need working dogs. (shrink)

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

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

Breeders of purebred dogs usually have several goals they want to accomplish, of which canine wellbeing is one. The purpose of this article is to investigate what we ought to do given this goal. Breeders typically think that they fulfil their wellbeing-related duties by doing the best they can within their breed of choice. However, it is true of most breeders that they could produce physically and mentally healthier dogs if they switched to a healthier breed. There are a few (...) breeds that are healthier than other breeds as well as mutts; we could maximize wellbeing for the next generations by focusing all our breeding resources on those. However, in the long run such a strategy would severely deplete the canine gene pool. If we are to breed for wellbeing in the long run, we must thus weigh the benefits of selection against physical and mental problems against the benefits of genetic diversity. The optimal breeding strategy for canine wellbeing is to preserve many breeds, though not all of them. Furthermore, we ought to combine strict health programs with looser barriers between breeds. Such a policy conflicts with the goal of breed preservation, at least if we think of breeds as populations registered within kennel clubs rather than types of dogs, but not with the goal of producing good working dogs capable of performing various tasks. (shrink)

The debate on love's reasons ignores unrequited love, which—I argue—can be as genuine and as valuable as reciprocated love. I start by showing that the relationship view of love cannot account for either the reasons or the value of unrequited love. I then present the simple property view, an alternative to the relationship view that is beset with its own problems. In order to solve these problems, I present a more sophisticated version of the property view that integrates ideas from (...) different property theorists in the love literature. However, even this more sophisticated property view falls short in accounting for unrequited love's reasons. In response, I develop a new version of the property view that I call the experiential view. On this view, we love a person not only in virtue of properties shaped by and experienced in a reciprocal loving relationship, but also in virtue of perspectival properties, whose value can be properly assessed also outside of a reciprocal loving relationship. The experiential view is the only view that can account not only for reciprocated love's reasons, but also for unrequited love's reasons. (shrink)

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

Proponents of grounding often describe the notion as "metaphysical causation" involving determination and production relations similar to causation. This paper argues that the similarities between grounding and causation are merely superficial. I show that there are several sorts of causation that have no analogue in grounding; that the type of "bringing into existence" that both involve is extremely different; and that the synchronicity of ground and the diachronicity of causation make them too different to be explanatorily intertwined.

O presente manual tem como intenção constituir um guia para uma disciplina introdutória de filosofia da linguagem. Foi elaborado a partir da leccionação da disciplina de Filosofia da Linguagem I na Faculdade de Letras da Universidade do Porto desde 2001. A disciplina de Filosofia da Linguagem I ocupa um semestre lectivo e proporciona aos estudantes o primeiro contacto sistemático com a área da filosofia da linguagem. Pretende-se que este manual ofereça aos estudantes os instrumentos necessários não apenas para acompanhar uma (...) iniciação ao campo da filosofia da linguagem mas também para o estudo e a investigação autónomos posteriores. Para isso é percorrido um trajecto que conduz das intuições pré-teóricas acerca de linguagem, de que todos dispomos, até um conhecimento disciplinar específico, histórico e temático, da filosofia da linguagem. Em termos práticos, são considerados como precedentes da disciplina de Filosofia da Linguagem I – mesmo se, pelo existem actualmente precedências em sentido estrito – as disciplinas de Lógica I e II e de Filosofia do Conhecimento I e II. Os programas dessas disciplinas nos últimos anos estiveram presentes por trás da elaboração do manual. (shrink)

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

In this paper I present a novel taxonomy of envy, according to which there are four kinds of envy: emulative, inert, aggressive and spiteful envy. An inquiry into the varieties of envy is valuable not only to understand it as a psychological phenomenon, but also to shed light on the nature of its alleged viciousness. The first section introduces the intuition that there is more than one kind of envy, together with the anecdotal and linguistic evidence that supports it. The (...) second section proposes and explains in detail a definition of envy tout court. The third section presents a recurring distinction between behavioral tendencies of envy, which has been explained in two distinct ways, one mostly proposed by psychologists, the other discernible in the philosophical tradition. The fourth section argues that these models of explanation track two variables, whose interplay is responsible for the existence of the four envies. The fifth section illustrates four paradigmatic cases, and provides a detailed analysis of the phenomenology, motivational structure, and typical behavioral outputs of each. The paper ends with a brief discussion of the implications of the taxonomy for moral education. (shrink)

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

En este trabajo me ocuparé de las resonancias que tuvo el modo en el que Hume aborda la cuestión de la materialidad de la mente en uno de los materialistas más notables de las Islas Británicas del siglo XVIII, Joseph Priestley. La influencia que ejerció el enfoque humeano acerca del materialismo en la obra de Priestley no ha sido suficientemente puesta de relieve o ha sido desestimada. En buena medida, esto se debe a que Priestley tienen una actitud crítica hacia (...) las consecuencias escépticas y ateas que se desprenden de la filosofía de Hume, por lo que generalmente se tiende a presentarlo como uno de sus adversarios. Sin embargo, existen dos grandes puntos de contacto entre sus propuestas que estudiaré en lo que sigue: (1) ambos abordan la cuestión del origen del pensamiento, haciendo a un lado la cuestión de la naturaleza de la sustancia de la que estaría compuesta la mente —por ser inaccesible a nuestro conocimiento— y preguntándose por la causa del pensamiento, y (2) Priestley se sirve de una concepción de la causalidad inspirada en buena medida por la de Hume y la emplea como uno de los pilares de su materialismo, al sostener que la conjunción constante entre características mentales y organismos con un cerebro funcional nos da la mayor seguridad posible de que existe una relación causal entre ambos. (shrink)

Saul Smilansky’s theory of free will and moral responsibility consists of two parts; dualism and illusionism. Dualism is the thesis that both compatibilism and hard determinism are partly true, and has puzzled many philosophers. I argue that Smilansky’s dualism can be given an unquestionably coherent and comprehensible interpretation if we reformulate it in terms of pro tanto reasons. Dualism so understood is the thesis that respect for persons gives us pro tanto reasons to blame wrongdoers, and also pro tanto reasons (...) not to blame them. These reasons must be we ighed against each other (and against relevant consequentialist reasons) in order to find out what we all things considered ought to do. (shrink)

My response to Rashed's critique of my account as theorizing instead of showing what it is like.

Published on Daily Philosophy 2021-10-18 Why do we have a criminal justice system? What could possibly justify the state punishing its citizens? Philosophers, scholars of law, politicians and others have proposed different justifications, one of them being retributivism: the view that we ought to give offenders the suffering that they deserve for harming others. However, intentionally harming other people and making them suffer is serious business. If we are to do this in the name of what’s right and good, we (...) better be very certain that what we do really is right and good. The so-called Epistemic Argument Against Retributivism calls this certainty into question. (shrink)

The belief that obese people ought to lose weight and keep it off is widespread, and has a profound negative impact on the lives of the obese. I argue in this paper that most obese people have no such obligation, even if obesity is bad, and caused by calorie input exceeding output. Obese people do not have an obligation to achieve long-term weight loss if this is impossible for them, is worse than the alternative, or requires such an enormous effort (...) in relation to what stands to be gained that this option is supererogatory rather than obligatory. It is highly plausible that most obese people fall into one of these three groups. Politicians may still have obligations to fight obesity, but they ought to do so through progressive politics rather than blaming and shaming. (shrink)

In juxtaposition with the myth and tragedy of Ovid’s Medea, this paper investigates the possibility within the Kantian conception of agency of understanding moral evil as acting against one’s better judgment. It defends the thesis that in Kant self-deception, i. e. the intentional untruthfulness to oneself, provides the fundamental structure for choosing against the moral law. I argue that, as Kant’s thought progresses, self-deception slowly proceeds to become the paradigmatic case of moral evil. This is discussed with regard to two (...) important topics in his later moral philosophy: the doctrine of radical evil and the crucial role of the duty of truthfulness in ethics. The inquiry into Kant’s theory of conscience unfolds both against this theoretical background and in light of its historical roots in the polemic against casuistry and probabilism. This contribution closes with a brief look at the tools Kant implements to counter this tendency to self-deception in moral judgment and particularly at the role casuistry plays within his conception of moral education. (shrink)

Durante los siglos XVII y XVIII hubo un intenso debate en las Islas Británicas en torno al materialismo. Mi objetivo consiste en caracterizar la postura de David Hume en el marco de ese debate. Sostengo que, no obstante rechazar la metafísica sustancialista para centrarse en el estudio de las percepciones, Hume sienta una posición respecto de la relación entre mente y materia. Sin embargo, esa posición reviste cierta complejidad en tanto no es explicitada en los textos que se editaron en (...) vida de Hume. Propongo definirla como un materialismo restringido, ya que, respecto de la naturaleza de la mente, Hume desestima tanto las posturas materialista como inmaterialista, pero respecto de las causas del pensamiento, termina acercándose al materialismo a partir de argumentos basados en la experiencia y en la analogía con la naturaleza. (shrink)

Debates over what is fundamental assume that what is most fundamental must be either a “top” level (roughly, the biggest or highest-level thing), or a “bottom” level (roughly, the smallest or lowest-level things). Here I sketch an alternative to top-ism and bottom-ism, the view that a middle level could be the most fundamental, and argue for its plausibility. I then suggest that the view satisfies the desiderata of asymmetry, irreflexivity, transitivity, and well-foundedness of fundamentality, that the view has explanatory power (...) on par with that of top-ism and bottom-ism, and that it satisfies the Principle of Sufficient Reason. (shrink)

Catharine Trotter Cockburn’s metaphysics dissolves the necessary relationship between immateriality, immortality and thought. While in her youth this leads her to admit the possibility of thinking matter, in her mature work, it allows her to conceive space as non-thinking immaterial substance that links non-thinking material substance and thinking immaterial substance. To ground this conception of space, she draws on the thesis of the great chain of being. However, the possibility of thinking matter is not consistent with the hierarchy of beings, (...) because within this frame matter occupies the lowest place. My aim is to evaluate whether there is any alternative within Trotter's philosophy to solve this contradiction. -/- La metafísica de Catharine Trotter Cockburn disuelve la relación necesaria entre inmaterialidad, inmortalidad y pensamiento. Mientras que en su juventud esto la lleva a admitir la posibilidad de la materia pensante, en su madurez le permite concebir al espacio como sustancia inmaterial no pensante que oficia como eslabón entre la sustancia material no pensante y la sustancia inmaterial pensante. Para ello, apela también a la tesis de la gran cadena del ser. Sin embargo, la posibilidad de la materia pensante no es consistente con la tesis de la jerarquía de seres, porque en ella la materia ocupa el lugar más bajo. Me propongo estudiar si existe alguna alternativa dentro de la filosofía de Trotter que permita resolver esta contradicción. (shrink)

This paper develops and articulates a metaphysics of intersectionality, the idea that multiple axes of social oppression cross-cut each other. Though intersectionality is often described through metaphor, theories of intersectionality can be formulated using the tools of contemporary analytic metaphysics. A central tenet of intersectionality theory, that intersectional identities are inseparable, can be framed in terms of explanatory unity. Further, intersectionality is best understood as metaphysical and explanatory priority of the intersectional category over its constituents, akin to metaphysical priority of (...) the whole over its parts. (shrink)

In this chapter, I argue that a certain kind of envy is not only morally permissible, but also, sometimes, more fitting and productive than admiration. Envy and admiration are part of our emotional palette, our toolbox of evolutionary adaptations, and they play complementary roles. I start by introducing my original taxonomy of envy, which allows me to present emulative envy, a species of envy sometimes confused with admiration. After reviewing how the two emotions differ from a psychological perspective, I focus (...) in particular on the distinct and complementary roles they play in the ethical and political domains. (shrink)

In a recent paper, Max Deutsch argues that there is no “qua problem” for purely causal theories of reference, according to which the extensions of some expressions are grounded in causal relations to members of their extensions during dubbing acts. The qua problem is the difficulty in specifying the facts in virtue of which the reference of “elephant” is grounded by causal contact with something _qua_ elephant and not _qua_ its other properties. If no such specification can be given, reference (...) remains unacceptably indeterminate. This has led many to abandon purely causal reference grounding. Deutsch’s argument for the dissolution of the problem goes as follows: we usually agree that an event can cause its effect _qua_ some of its properties and not _qua_ others. For example, a hot acidic solution causes a glass beaker to break due to its heat and not due to its acidity. Given this assumption, we can simply say that an event caused a dubbing act _qua_ the causally relevant property and not _qua_ the causally irrelevant properties, thus grounding the reference of the term; the qua problem has vanished. I will argue that causal mechanisms, and in particular the facts about causal relevance appealed to by Deutsch, are insufficient to dissolve the qua problem. It is not generally the case that a _unique_ property is causally relevant in purely physical cases of causation; but this is precisely what is required to avoid the referential indeterminacy highlighted by the qua problem. I will demonstrate that if we rely on causal relevance to dissolve the qua problem, there is no way to respect the uniqueness requirement: there are too many properties that are causally relevant to the occurrence of any single dubbing act, including the intentional states of the dubber. (shrink)

O presente artigo incide sobre o conceito de expressão no âmbito do pensamento leibniziano, pretendendo, a partir da sua análise, expor a crítica que Fernando Gil lhe tece, nomeadamente no que diz respeito à ideia de “causalidade expressiva”. Passando por vários conceitos leibnizianos como “substância simples”, “força”, “apetição” ou “entre-expressão”, o que se pretende analisar é a reflexão de Fernando Gil relativamente àquilo que o autor considera “a aporia da expressão leibniziana”, e, ainda, a sua reabilitação da inteligibilidade expressiva como (...) pensamento do contínuo, onde inteligibilidade, beleza e simplicidade se implicam mutuamente. (shrink)