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)

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)

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.

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)

In this paper I argue that Marxist Buddhism may provide a novel approach to envy in society. It has been argued that envy arises in response to socio-political inequality, which is considered a problem given the social and moral harms associated with envy. Thus, achieving equality is expected to solve the problem of envy. However, anecdotal and empirical evidence suggests that is not the case, and that, in particular, societies inspired by Marxist ideals are not envy-free—if anything, the opposite seems (...) true. Buddhism has traditionally condemned envy. It shares with Marxism the idea that individual wellbeing can be obtained, paradoxically, only through lessening emphasis on individuality—Marxism by means of economic collectivism, Buddhism by means of a spiritual transformation. Both aim at shrinking the self and are keenly aware of how quickly an emphasis on one’s own desires leads to greed and exploitation of others. However, Marxist ideals have failed to yield successful large-scale flourishing communities, while Buddhism is a religion practiced by millions of people but has not advanced a politically progressive agenda in particular. Marxist Buddhism—argue—may perhaps bring together the best of the respective traditions to solve the problem of envy. However, I end by cautioning against such a radical reshaping of our psychological makeup, especially given the evidence that shows that there are morally and prudentially good types of envy, and sketch the profile of a Buddhist-friendly type of envy as an alternative to total eradication. (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)

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)

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)

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)

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)

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)

Widespread causal overdetermination is often levied as an objection to nonreductive theories of minds and objects. In response, nonreductive metaphysicians have argued that the type of overdetermination generated by their theories is different from the sorts of coincidental cases involving multiple rock-throwers, and thus not problematic. This paper pushes back. I argue that attention to differences between types of overdetermination discharges very few explanatory burdens, and that overdetermination is a bigger problem for the nonreductive metaphysician than previously thought.

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)

The purpose of this paper is to introduce a bi-intuitionistic sequent calculus and to give proofs of admissibility for its structural rules. The calculus I will present, called SC2Int, is a sequent calculus for the bi-intuitionistic logic 2Int, which Wansing presents in [2016a]. There he also gives a natural deduction system for this logic, N2Int, to which SC2Int is equivalent in terms of what is derivable. What is important is that these calculi represent a kind of bilateralist reasoning, since they (...) do not only internalize processes of verifcation or provability but also the dual processes in terms of falsifcation or what is called dual provability. In [Wansing, 2017] a normal form theorem for N2Int is stated, here, I want to prove a cut-elimination theorem for SC2Int, i.e., if successful, this would extend the results existing so far. (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)

In "Changing the Past" (2010), Peter van Inwagen argues that a time traveler can change the past without paradox in a growing block universe. After erasing the portion of past existence that generates paradox, a new, non-paradox-generating block can be "grown" after the temporal relocation of the time traveler. -/- I articulate and explore the underlying mechanism of Van Inwagen's model: the time traveler's control over the location of the objective present. Van Inwagen's model is aimed at preventing paradox by (...) changing the past, but it achieves something broader than paradox avoidance: it gives tools for a new model of time travel. I use van Inwagen's tools to develop a new kind of time travel in which in which the location of the objective present is shifted by the time traveler. I call this type of time travel Movable Objective Present, or MOP. After defining MOP, I argue that it is compatible with any theory of time that accepts hypertime, including presentism and moving spotlight theory. (shrink)

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)

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)

Theories of causation grounded in counterfactual dependence face the problem of profligate omissions: numerous irrelevant omissions count as causes of an outcome. A recent purported solution to this problem is proportionality, which selects one omission among many candidates as the cause of an outcome. This paper argues that proportionality cannot solve the problem of profligate omissions for two reasons. First: the determinate/determinable relationship that holds between properties like aqua and blue does not hold between negative properties like not aqua and (...) not blue. Negative properties are those at stake in omissive causation. Second: proportionality misconstrues the nature of the problem to be solved. (shrink)

Este essay-paper busca aportar algunos elementos para el debate de la caracterización del acceso a los medicamentos como un derecho global, partiendo de una serie de reflexiones que teóricos realizan sobre un asunto que se constituye en uno de los principales focos de desigualdad en el mundo.

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)

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)

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)

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)

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)

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)

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)

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)

I present and develop the view that omissions are de re possibilities of actual events. Omissions do not literally fail to occur; rather, they possibly occur. An omission is a tripartite metaphysical entity composed of an actual event, a possible event, and a contextually specified counterpart relation between them. This view resolves ontological, causal, and semantic puzzles about omissions, and also accounts for important data about moral responsibility for outcomes resulting from omissions.

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)

Choice experiment (CE) is a questionnaire based method that the accuracy of research questionnaire determines the validity of the research outcomes. Attribute selection has a prime importance in every CE studies. If respondents do not understand or do not have preference for a certain attribute, the attribute non-attendance problem might happen that biases overall results of the research. Qualitative approaches such as literature review, focus group discussion, and in depth discussion commonly applied in CE researches. However, especially in the developing (...) countries context where ethnical and cultural diversity is a challenge in conducting survey based questionnaires, qualitative methods are not sufficient in selecting attributes. Present study investigates the application of relative importance index (RII) in respondents¡¯ preference for attributes in a modal shift study in Klang Valley, Malaysia. The 5 point Likert scale questions were employed to enhance respondents¡¯ preferences for initial 24 selected attributes. The results of this study showed that from 24 pre-selected attributes, only 18 of them had RII>0.5 and could be included in the final CE design. The results of this study could help researchers to control for unobserved problems in selecting the attributes which could not be discovered through qualitative approaches. -/- . (shrink)

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)

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)

Living with chronic illness can involve fluctuating between radically different bodily states depending on whether you are experiencing flareups of illness symptoms. What you can do in these bodily states can differ drastically from one another. Sometimes, these fluctuations in abilities lead to fluctuations in your values. That is, your evaluative perspective can shift when you are experiencing flareups of the illness. This can give rise to a puzzle for planning, since it is unclear what you should plan on doing (...) when you do not have a stable set of preferences guiding your plans. This paper argues that one way to navigate this puzzle is for the agent to adopt an overarching plan that mediates the conflict between her differing perspectives. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“An Equivocal Couple Overwhelmed by Life”A Phenomenological Analysis of PregnancySara HeinämaaTwo conceptions of human generativity prevail in contemporary feminist philosophy. First, several contributors argue that the experience of pregnancy, when analyzed by phenomenological tools, undermines several distinctions that are central to Western philosophy, most importantly the subject-object distinction and the self-other and own-alien distinctions. This line of argument was already outlined by Iris Marion Young in her influential essay (...) “Pregnant Embodiment: Subjectivity and Alienation” (1984). The other dominant argument is related to the first one, and it states that organic birth is the event that establishes the first experiential separation between the self and the other. On this understanding, the mother-fetus relation would not involve any relations between two corporeal selves; all such relations would be postnatal. This notion has been defended, for example, by Christine Schües (1997; 2000) and Johanna Oksala (2003).1On the other hand, classical phenomenology is dominated by the idea that the rigorous first-person methodology that is essential to phenomenology dictates that the sense of birth must be studied primarily by reflection on the structures of our own recollection or memory. Consequently, the primary sense of human birth would be that of an unattainable limit. This is argued on the basis of the existential fact that we all are born but cannot recall our own birth, or else on the basis of the transcendental fact that the structure [End Page 31] of retention ties each living present to an earlier one and implies that the transcendental ego cannot be subject to generation.2 From this perspective, all analyses and reflections of the experiences of labor, gestation, and pregnancy would be secondary since the sense of birth that these experiences involve is the nativity of another human being and not the nativity of the reflecting self.This paper challenges both the feminist and the classical phenomenological approach. I maintain that careful phenomenological analyses of the experience of pregnancy undermine both notions. Such analyses show, on the one hand, that pregnancy does not imply a nondistinction or self-other fusion but on the contrary involves a specific self-other divide. At the same time, they demonstrate that the sense of birth is more complex than the classical recollection-paradigm suggests and that it includes more components than the signification of an unattainable limit. A proper phenomenology of birth must take into account not only the universal fact that we all are born, but also the equally universal fact that each of us is born from another human being, that is, some other human subject.3 This other human being who “gave” us birth or “from whose flesh we were born” provides us with a unique perspective on our own past, beyond the limits of our own recollection. Her perspective is incomparable to any other external perspective; rather than simply giving us an additional third-person viewpoint on our own organic birth, this one person is able to open a second-person perspective on our pre- and postnatal life and the transition between them—all of which is beyond our own recollection.My argument proceeds by the following steps:First, I develop a fresh discourse on the experience of pregnancy, by studying a set of remarks to be found in Julia Kristeva’s postphenomenological discourse on maternity, on the one hand, and in Simone de Beauvoir’s existential-phenomenological discourse on feminine embodiment, on the other hand. I use these remarks as leading clues for a novel phenomenological study of the experience of pregnancy.4 Contra Young’s influential account mentioned above, I argue that gestation, as experienced by women who live it in the first person, includes a separation between two sensory-motor beings in a nesting relation: the pregnant self and the embryonic other. The alternative account that I provide hinges on my analysis of the experience of fetal movements and the role of touch-sensations and kinesthetic sensations in such experiences. Ultimately, I argue that pregnancy does not erode the self-other boundary or the own-alien boundary but reestablishes both divisions.Second, I compare my account of the experience of pregnancy to Merleau... (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)

This study focuses on the Hungarian impact of the 2017 “Me Too” movement, offering an analysis of some relevant online texts and of their comments. The theoretical framework is provided by the anthropological linguistic approach (Balázs 2009), linguistic world view research (Kövecses 2017, Banczerowski 2008, 2012, Magyari 2015), and discourse analysis (Berger 1998, Nemesi 2016). The research method is based on participant observation and on text analysis, which also offers the possibility of content analysis, if the researcher applies a corpus-centred (...) perspective (Balaskó 2005). The research questions point in two directions. The linguistic approach deals with the question of how the “Me Too” movement is discussed. How do the victim and the offender appear in online media, and how is their image represented by commenting readers? According to our hypothesis, information is not always controlled in online space, and opinion formation becomes almost even more important than the fact itself. Hence, the knowledge fixed within language and language use changes as well. Our research attaches great importance to the reconstruction of linguistic images, leading to the exploration of underlying values systems, also pointing out cultural phenomena such as the dichotomy between silence and speaking out, conceptualized as social phenomena in an anthropological and ethnographic framework. At the same time, from the perspective of argumentation and rhetoric, we are interested in the emerging positions and in the typical arguments supporting these, in their conflict, and in the most frequently occurring means of persuasion. We also presuppose that the positions and modes of reasoning are clearer and relatively restrained in the online press, while the discourse of the comments is more emotionally charged. (shrink)

Amid criticism of medicine's scientific rigor and patient care, this book offers a philosophical examination of the nature and aims of medicine, and new perspectives on how these challenges can be addressed. It offers input for rethinking the agenda of medical research, healthcare delivery, and the education of healthcare personnel.