In the field of Evidence Law the relation between truth and law has been a somewhat non- debated topic in the past years. It is a given that such a connection exists and, it is understood as the notion of the ascertainment of the truth of disputed questions of fact through legal evidence. The thesis that I have reconstructed in this paper has been presented by Prof. Jordi Ferrer who grounds the connection between truth and law in the role of (...) the legal system as a tool for guiding the behavior of the governed. I call this thesis the theory of the structural clause of truth. In this paper I shall present a possible reconstruction of this theory, I shall raise two objections against it and I shall present five possible interpretations of the relation between truth and law. (shrink)

This paper puts forward three critiques of pardo’s second-order proof rules thesis. The first criticism states that these rules are not suitable to guide the interpretation of standards of proof rules because they confuse matters of legal interpretation with matters of epistemology. The second criticism states that second-order proof rules are affected by the same indeterminacy problems they are designed to resolve, thereby rendering them unsuitable for the task they are purposely designed for. The third criticism renders pardo’s proposal redundant. (...) a reconceptualization of second-order proof rules is offered. (shrink)

The counter majoritarian difficulty is one of the main objections against the judicial review. In this paper, this objection is analyzed from the standpoint of the norm formulation/norm distinction. By stressing the distinc- tion between norm formulations and norms, I claim that when judicial review prevents the application of a norm to an individual case the counter majoritarian difficulty objection does not hold.

ABSTRACT This article interprets a recently recovered manuscript, Tratado de astronomía y la reformaçión del tiempo, composed by Antonio Sánchez in New Granada c.1696, in the context of the Spanish and Renaissance cosmographies. Sánchez’s Tratado proposes a spherical astronomy, in which celestial bodies – including comets — move in orbs containing pyramidal knots that explain the changing speed observed in the motion of planets. From this astronomy and following the peninsular style of repertorios, Sánchez derives two major conclusions: the corrected (...) length of the solar year and a revised birth date of Jesus. Taking as center of reference Vélez, where Sánchez was based, these claims led to conclusions in domains ranging from calendric astronomy to eschatology, including the incorporation of the indigenous peoples into salvation narrative and a demonstration of the arrangement of the celestial orbs at the Last Judgment. Sánchez’s Tratado constitutes an expansion of the Spanish mathematical cosmography that sheds light on the production of knowledge in the Spanish-American world and, at the same time, provides elements to reassess our understanding of the global circulation of Renaissance and early modern ideas. (shrink)

Finality, design and purpose have started to be excluded from the language of the natural sciences since the XVIIth century. Darwin succeeded in excluding them from his theory of evolution appealing to a blind and mechanical natural selection. Today, the most usual definitions for the concept of biological function take for granted that functions: 1) are not dependent on a goal; 2) are not dependent on observers, but only on nature; 3) are explicable in causal terms, either with reference to (...) the causal history of the organ (etiological definition), or with reference to its present structure and causal capabilities (dispositional definition). However, we shall see that such presuppositions cannot take into account the normative character of the concept of biological function. We show that a generalization of the concept of scientific objectivity lets us affirm that functions: 1’) are dependent on a goal; 2’) are dependent on both observers and nature; 3’) cannot be reduced to causality, nor break the laws of physics; and yet, 4) are truly objective. (shrink)

Sebastian Schmidt (Zürich) fragt in seinem Beitrag »Wie vernünftig sind Verschwörungstheoretiker?«, wie es um die Vernunft derjenigen steht, die einer Verschwörungstheorie über die Corona-Pandemie anhängen. Im Umgang mit Corona scheint sich zu bestätigen, was die Psychologie seit Jahrzehnten lehrt: Menschen unterliegen in ihrem Denken kognitiven Fehlern und Verzerrungen. Doch ist verschwörungstheoretisches Denken, das solche Fehler ebenfalls begeht, deshalb irrational? Schmidt warnt davor, einander zu leichtfertig als irrational zu betrachten, und verweist auf die wichtige Rolle, die intellektuelles Vertrauen in Wissensgemeinschaften spielt. (...) Am Beispiel des sogenannten Bestätigungsfehlers führt er aus, dass Menschen, die ihre Überzeugungen nicht fortwährend kritisch prüfen, in diesem Verhalten durchaus rational sein können. (shrink)

It has been argued that rationality consists in responding correctly to reasons. Recent defenses of the normativity of rationality assume that this implies that we always ought to be rational. However, this follows only if the reasons rationality requires us to correctly respond to are normative reasons. Recent meta-epistemological contributions have questioned whether epistemic reasons are normative. If they were right, then epistemic rationality wouldn’t provide us with normative reasons independently of wrong-kind reasons to be epistemically rational. This paper spells (...) out this neglected challenge for the normativity of epistemic rationality by connecting the two bodies of literature. Moreover, it generalizes this challenge to the rationality of desire, intention, and emotion. The upshot is that we can only answer the normative question about rationality if we debate about blame and accountability for holding different kinds of irrational attitudes, as well as about the sources of mental normativity. (shrink)

The Uniform Determination of Death Act (UDDA) provides that “an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the (...) other, what matters is the cessation of both spontaneous and artificially supported functions. Because each UDDA criterion uses a different interpretation, the law is conceptually inconsistent. A single consistent interpretation would lead to the conclusion that conscious individuals whose respiratory and circulatory functions are artificially supported are actually dead, or that individuals whose brain is entirely and irreversibly destroyed may be alive. We explore solutions to mitigate the inconsistency. (shrink)

There is a relationship between touch and language at the heart of which lies the philosophical problem of the secret. As Derrida points out, since Aristotle touch has been qualified as ἄδηλον: secret, nocturnal, barely apparent. After some brief etymological remarks, in this article, I explore the mystery that touch represents for language through Levinas’ concept of the secret, thematizing two levels: first, that of the contemporary critique of ocularcentrism, then the level of the tactile experiences that can hardly be (...) put into words. (shrink)

This dissertation focuses on teleology and functions in biology. More precisely, it focuses on the scientific legitimacy of teleofunctional attributions and explanations in biology. It belongs to a multi-faceted debate that can be traced back to at least the 1970s. One aspect of the debate concerns the naturalization of functions. Most authors try to reduce, translate or explain functions and teleology in terms of efficient causes so that they find their place in the framework of the natural sciences. Our approach (...) here is radically different, as we question the premise that teleological explanations are disguised causal explanations. On the contrary, we defend that they are acceptable in natural sciences and in biology in particular. We challenge the idea that teleological explanations are immature causal explanations, as well as the idea that teleology and functions are some sort of intentional explanations. We therefore reject the accusations of anthropomorphism, vitalism and finalism. On the contrary, we defend that teleology, causality and intentionality correspond to different, autonomous and complementary modes of representation of the outside world. -/- ———[FRANÇAIS]——— -/- Ce travail de thèse porte sur la téléologie et les fonctions en biologie. Plus précisément, il porte sur la légitimité scientifique des attributions et des explications téléofonctionnelles en biologie. Il s’inscrit dans le cadre d’un débat à plusieurs facettes que l’on peut faire remonter au moins jusqu’aux années 1970 et qui est encore très actif aujourd’hui. L’un des aspects du débat porte sur la naturalisation des fonctions, c’est-à-dire sur la manière de les réduire, de les traduire ou de les expliciter en termes de causes efficientes de sorte qu’elles trouvent leur place dans le cadre des sciences de la nature. Notre approche ici est radicalement différente, car nous remettons en question la prémisse selon laquelle les explications téléologiques seraient des explications causales déguisées. Nous défendons au contraire qu’elles sont acceptables en tant que telles aussi bien de façon générale que dans le domaine scientifique et en particulier en biologie. De façon générale, nous remettons en question l’idée selon laquelle la pensée téléologique serait une pensée causale immature, ainsi que sa dépendance présumée vis-à-vis de la psychologie, c’est-à-dire de l’intentionnalité. Nous rejetons donc les accusations d’anthropomorphisme, de vitalisme et de finalisme formulées contre elle. Nous défendons au contraire que la téléologie, la causalité et l’intentionnalité correspondent à des modes différents, autonomes et complémentaires de représentation du monde extérieur. (shrink)

Drawing on Husserl, Ingarden and Levinas’ works, this article explores Ibsen’s Rosmersholm from a phenomenological perspective, aiming to shed light both on this play and on the phenomenology of hunger and theatre, as well as on the larger meaning of alimentary enjoyment.

As touch remains commonly defined by the closeness it physically implies and it rhetorically evokes, the mere notion of distant touch and of distal haptic perception seems peculiar. But Aristotle’s perspective, which I wish to take as a point of departure, is firm: we perceive the objects of touch, the hot and the cold, the hard and the soft, the curved and the sharp, through other things: δι' ἑτέρων. In this article, I would like to explore this ἕτερος by showing (...) how the otherness of perception always implies an intermediary, a middle point (μέσος), i.e. an other not so other, an other that is able to translate the much more distant otherness of the perceived object. To explore these forgotten layers of alterity that fall into what we commonly conceive of as the impalpable emptiness of distance, I propose to study the idea of distant touch from the perspective of phenomenological aesthetics. In order to do so, I will first examine some aspects of the Husserlian account of perception and will then focus on the phenomenology of distant touch in Alejandra Costamagna’s novel El Sistema del Tacto [The System of Touch] (2018). (shrink)

Higher-Order Thought (HOT) theories of consciousness maintain that the kind of awareness necessary for phenomenal consciousness depends on the cognitive accessibility that underlies reporting. -/- There is empirical evidence strongly suggesting that the cognitive accessibility that underlies the ability to report visual experiences depends on the activity of the dorsolateral prefrontal cortex (dlPFC). This area, however, is highly deactivated during the conscious experiences we have during sleep: dreams. HOT theories are jeopardized, as I will argue. I will briefly present HOT (...) theories in the first section. Section 2 offers empirical evidence to the effect that the cognitive accessibility that underlies the ability to report depends on the dorsolateral prefrontal cortex: dlPFC is the neural correlate of HOTs. Section 3 shows the evidence we have of the deactivation of this brain area during dreams and, in section 4, I present my argument. Finally, I consider and rejoin two possible replies that my opponent can offer: the possibility of an alternative neural correlate of HOTs during dreams and the denial that we have phenomenally conscious experiences during sleep. (shrink)

50 years after its introduction, brain death remains controversial among scholars. The debates focus on one question: is brain death a good criterion for determining death? This question has been answered from various perspectives: medical, metaphysical, ethical, and legal or political. Most authors either defend the criterion as it is, propose some minor or major revisions, or advocate abandoning it and finding better solutions to the problems that brain death was intended to solve when it was introduced. Here I plead (...) for a different approach that has been overlooked in the literature: the philosophy of science approach. Some scholars claim that human death is a matter of fact, a biological phenomenon whose occurrence can be determined empirically, based on science. We should take this claim seriously, whether we agree with it or not. The question is: how do we know that human death is a scientific matter of fact? Taking the philosophy of science approach means, among other things, examining how the determination of human death became an object of scientific inquiry, exploring the nature of the brain death criterion itself, and analysing the meaning of its core concepts such as “irreversibility” and “functions”. (shrink)

This paper argues for the normative significance of attention. Attention plays an important role when describing an individual’s mind and agency, and in explaining many central facts about that individual. In addition, many in the public want answers and guidance with regard to normative questions about attention. Given that attention is both descriptively central and the public cares about normative guidance with regard to it, attention should be central also in normative philosophy. We need an ethics of attention: a field (...) of study of which normative pressures, if any, govern attention. Like the ethics of belief, the ethics of attention will connect those normative questions to issues regarding the nature of attention, i.e. to what is subject to such normative pressures. Philosophers should develop an ethics of attention that helps to provide normative guidance and that is commensurate in its richness to the descriptive significance of attention. The second half of the paper sketches a framework that may help us to get started at developing the ethics of attention. (shrink)

How can we be responsible for our attitudes if we cannot normally choose what we believe, desire, feel, and intend? This problem has received much attention during the last decades, both in epistemology and ethics. Yet its connections to discussions about reasons and rationality have been largely overlooked. This book develops the foundations of an ethics of mind by investigating the responsibility that is presupposed by the requirements of rationality that govern our attitudes. It has five main goals. First, it (...) reinterprets the problem of responsibility for attitudes as a problem about the normativity of rationality. Second, it connects substantive and structural rationality by drawing on debates about responsibility. Third, it supports recent accounts of the normativity of rationality by explicitly defending the view that epistemic reasons and other ‘right-kind’ reasons are genuine normative reasons. Fourth, it breaks the stalemate between rationalist and voluntarist accounts of mental responsibility by proposing a hybrid view. Finally, it argues that irrationality can warrant moral blame, thus revealing an unnoticed normative force of rational requirements. Length of manuscript: 85,000 words. (shrink)

Objectives To increase postmortem organ donation rates, several countries are adopting an opt-out (presumed consent) policy, meaning that individuals are deemed donors unless they expressly refused so. Although opt-out countries tend to have higher donation rates, there is no conclusive evidence that this is caused by the policy itself. The main objective of this study is to better assess the direct impact of consent policy defaults per se on deceased organ recovery rates when considering the role of the family in (...) the decision-making process. This study does not take into account any indirect effects of defaults, such as potential psychological and behavioural effects on individuals and their relatives. -/- Design Based on previous work regarding consent policies, we created a conceptual model of the decision-making process for deceased organ recovery that included any scenario that could be directly influenced by opt-in or opt-out policies. We then applied this model to internationally published data of the consent process to determine how frequently policy defaults could apply. -/- Main outcome measures We measure the direct impact that opt-in and opt-out policies have per se on deceased organ recovery. -/- Results Our analysis shows that opt-in and opt-out have strictly identical outcomes in eight out of nine situations. They only differ when neither the deceased nor the family have expressed a preference and defaults therefore apply. The direct impact of consent policy defaults is typically circumscribed to a range of 0%–5% of all opportunities for organ recovery. Our study also shows that the intervention of the family improves organ retrieval under opt-in but hinders it under opt-out. -/- Conclusions This study may warn policy makers that, by emphasising the need to introduce presumed consent to increase organ recovery rates, they might be overestimating the influence of the default and underestimating the power granted to families. (shrink)

Background: Several countries have recently changed their model of consent for organ donation from opt-in to opt-out. We undertook a systematic review to determine public knowledge and attitudes towards these models in Europe. Methods: Six databases were explored between 1 January 2008 and 15 December 2017. We selected empirical studies addressing either knowledge or attitudes towards the systems of consent for deceased organ donation by lay people in Europe, including students. Study selection, data extraction, and quality assessment were conducted by (...) two or more reviewers independently. Findings: Awareness of the consent model was lower in opt-out countries than in opt-in countries. A majority of the public agrees with opt-in, regardless of the law in their own country. There are ambivalent attitudes regarding the opt-out system. The public tend to prefer opt-in and mandatory choice over opt-out when several options are offered. Interpretation: The assumption that people in opt-out countries are aware of the legal requirements to be excluded from the pool of potential donors is not supported by the results of this review. This is a concern, since ignorance hinders people's autonomy regarding organ donation decision-making. Higher awareness of consent model in opt-in countries may reflect greater efforts to inform the public through campaigns to motivate donation. Legal moves towards opt-out are at odds with people's expressed preferences. Main limitations of this review are the lack of data from some countries, study population heterogeneity, and methodological shortcomings. (shrink)

Wenn wir Peter Singers Konklusion in „Famine, Affluence, and Morality“ (1972) akzeptieren, dann handeln wir im Alltag sehr viel häufiger falsch, als es uns lieb ist. Anstatt über die Natur von Altruismus zu philosophieren, könnten wir auch möglichst effektiv Hungerleidenden helfen. Ist es daher etwa moralisch verwerflich – weil egoistisch – zu philosophieren? In diesem Beitrag beleuchte ich die Gründe, die wir haben, Philosophie in den Mittelpunkt unseres Lebens zu stellen. Ich argumentiere, dass Philosophieren – genauso wie die Beschäftigung mit (...) Kunst und Wissenschaft – nur dann gerechtfertigt sein kann, wenn es praktische Gründe jenseits von Gründen des persönlichen Nutzens und der Moral gibt. Dabei schliesse ich an Susan Wolfs Idee an, dass diese Tätigkeiten ein Leben mit Sinn erfüllen können. Es bleibt jedoch offen, ob in einer Welt voller Ungerechtigkeit die moralischen Gründe gegen das Philosophieren (und für andere Handlungsoptionen) nicht dennoch überwiegen. (shrink)

Kistler, Sebastian/Puzio, Anna/Riedl, Anna-Maria/Veith (Hrsg.) Digitale Transformationen der Gesellschaft Sozialethische Perspektiven auf den technologischen Wandel -/- Die Digitalisierung bewirkt Transformationsprozesse, die die Formen unseres Zusammenlebens grundlegend verändern. Dies betrifft nicht nur die Art, wie wir leben, Partner suchen, arbeiten, wohnen, konsumieren oder uns selbst präsentieren – auch die gesellschaftlichen Lebensbereiche wie Politik, Bildung, Wirtschaft und Gesundheit befinden sich in einem digitalen Wandel. Mit diesen Veränderungsprozessen sind nicht nur Hoffnungen, sondern auch Ängste verbunden, die die Ambivalenzen der Digitalisierung zum Ausdruck bringen. (...) Die Komplexität und die Wirkungstiefe digitaler Transformationsprozesse werfen Fragen nach deren Steuerbarkeit, nach ihren Zwecken bzw. nach möglichen Orientierungen auf: • Welche technologischen Entwicklungen müssen reguliert werden? • Wie kann eine entsprechende Legitimation erfolgen? • Wer übernimmt Verantwortung? • Wie und nach welchen Kriterien sind ethische Bewertungen vorzunehmen? • Und nicht zuletzt: Gibt es Grenzen für diese Entwicklungen oder haben die Möglichkeiten des Machbaren die ethischen Fragen längst überholt und erledigt? -/- Die Texte des Sammelbandes nähern sich den digitalen Transformationen aus verschiedenen Perspektiven. Anhand unterschiedlicher Zugänge werden die Themenfelder „Digitalisierung und Gesellschaft“, „Körper und Technologie“ sowie „Digitalisierung und Demokratie“ entfaltet. Darüber hinaus werden die Konsequenzen für die Pflegearbeit und für den Umgang mit modernen Waffentechnologien als anwendungsbezogene Konkretionen diskutiert. (shrink)

Using the KenKen puzzle may improve students’ performance in operating integers. Quasi-experimental research was conducted to determine the effectiveness of this intervention on the performance and attitude of students in a collaborative learning environment. One hundred four purposively selected Grade 7 students in Nueva Ecija served as respondents and the experimentation lasted four days following the K to 12 Learners Manual. An increase in the student’s performance was found after utilizing the KenKen puzzle, where a significant difference between the posttest (...) and pretest was recorded after the four days of utilization of the puzzle. Besides, students’ attitude toward operating integers showed positivity as it is enjoyable, interesting, challenging, and developing creativity and critical thinking. Moreover, a strong relationship was found between the students’ performance and attitude in operating integers. This suggests that the KenKen puzzle helped improve the students’ performance and attitude in operating integers in a collaborative learning environment. (shrink)

The work of Emmanuel Levinas has been both abundantly recognized and criticized in moral philosophy. This Janus-faced attitude is also present in ecological theories, which find fertile ground in Levinas’ thought without being able to explain its apparent anthropocentrism. Opposing hermeneutical paths tend to focus either on otherness as an absolute alterity, implying a potentially unlimited responsibility for all alterities, or on otherness as a re-foundation of humanism, leading to the conclusion that responsibility is unlimited only among humans. Here I (...) seek to disentangle Levinas from these two extreme interpretations, first by reviewing ecological readings of his philosophy, in both the Francophone and Anglophone spheres, and second by analyzing specific Levinasian terms that might be particularly helpful for a non-anthropocentric or deep ecology. The main results of this investigation are a distinction between the ethics of responsibility and the ethics of vulnerability, an explanation of Levinasian compulsory or methodological humanism, and a schematic model of sensibility as enjoyment/vulnerability capable of supporting deep ecology without the traditional notions of free will, rights, or values. (shrink)

This article states that research in skill acquisitionand executionhas underestimated the relevance of some features of attention. We present and theoretically discuss two essential features of attention that have been systematically overlooked in the research of skill acquisitionandexecution. First, attention alters the appearance of the perceived stimuli in an essential way; and second, attention plays a fundamental role in action, being crucial for solving the so called ’many-many problem’, that is to say, the problem of generating a coherent behavior byselecting (...) between many inputs and many potential outputs. We discuss the importance of these features for skill acquisition in sport. We also suggest empirical ways to assess the precise impact of taking them into consideration and at the same time we propose important implications for training derived from the ideas discussed in the paper. (shrink)

ABSTRACT The difference between perception and cognition seems introspectively obvious in many cases. Perceiving and thinking have also been assigned quite different roles, in epistemology, in theories of reference and of mental content, in philosophy of psychology, and elsewhere. Yet what is the nature of the distinction? In what way, or ways, do perception and cognition differ? The paper reviews recent work on these questions. Four main respects in which perception and cognition have been held to differ are discussed. First, (...) their phenomenal character, such as the often-remarked vivacity or immediacy of perception. Second, the way in which they represent the world, e.g. the non-propositional nature of the contents, or non-discursive character of the vehicles, that have been held to characterise perceptual representation. Third, their place in cognitive architecture, i.e., roughly, in the information-flow of the mind, such as their alleged (non-)modularity. Fourth, their mind-world relations, e.g. the way in which perceptions seem to be tightly causally linked with distal or proximal stimuli. Against this background, we distinguish some main options for an account of the perception/cognition distinction, in particular concerning whether there is one, several, or no interesting and principled distinction(s) to be drawn here. (shrink)

Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and data collection (...) were performed by two or more independent reviewers for each record. -/- Results: Of the 1482 results, 467 studies were assessed in full-text form, and 33 were included in this synthesis. When the deceased has not expressed any preference, a majority of the public support the family's role as a surrogate decision-maker. When the deceased expressly consented, the respondents' answers depend on whether they see themselves as potential donors or as a deceased's next-of-kin. Answers also depend on the relationship between the deceased and the decision-maker(s) within the family, and on their ethnic or cultural background. -/- Conclusions: Public views on the authority of the family in organ donation decision-making require further research. A common conceptual framework and validated well-designed questionnaires are needed for future studies. The findings should be considered in the development of Government policy and guidance regarding the role of families in deceased organ donation. (shrink)

Alireza Bagheri supports a policy on organ procurement where individuals could choose their own definition of death between two or more socially accepted alternatives. First, we claim that such a policy, without any criterion to distinguish accepted from acceptable definitions, easily leads to the slippery slope that Bagheri tries to avoid. Second, we suggest that a public discussion about the circumstances under which the dead donor rule could be violated is more productive of social trust than constantly moving the line (...) between life and death. (shrink)

It has been argued that the explanation of self-control requires positing special motivational powers. Some think that we need will-power as an irreducible mental faculty; others that we need to think of the active self as a dedicated and depletable pool of psychic energy or – in today more respectable terminology – mental resources; finally, there is the idea that self-control requires postulating a deep division between reason and passion – a deliberative and an emotional motivational system. This essay argues (...) that no such special motivational powers are necessary. Yet, at the same time, self-control does powerfully illustrate the importance of a feature of the mind. What it illustrates, I argue, is the importance of the mental activity of attention in the control of all action. It is by appeal to this mental activity that we can dispense with special motivational powers. If we think of Humeanism as the view that there is fundamentally only one kind of motivational system and that all action is based in that system, then this essay contributes to a defense of Humeanism. On the other hand, the essay also shows that any model of agency in terms of only beliefs and desires, motivational and representational states, or preferences and credences is incomplete. A different conception of Humeanism as the view that every mental state is either motivational, representational, or a combination of them, is false. (shrink)

The traditional approach in cognitive sciences holds that cognition is a matter of manipulating abstract symbols followingcertain rules. According to this view, the body is merely an input/output device, which allows the computationalsystem—the brain—to acquire new input data by means of the senses and to act in the environment following its com-mands. In opposition to this classical view, defenders of embodied cognition (EC) stress the relevance of the body inwhich the cognitive agent is embedded in their explanation of cognitive processes. (...) From a representationalist frameworkregarding our conscious experience, in this article, I will offer a novel argument in favor of EC and show that cognitionconstitutively—and no merely causally—depends upon body activity beyond that in the brain. In particular, I will arguethat in order to solve the problem derived from the empirical evidence in favor of the possibility of shifted spectrum,representationalist should endorse the view that experiences concern its subject: the content of experience isde se.Ishow that this claim perfectly matches the phenomenological observation and helps explaining the subjective characterof the experience. Furthermore, I argue that entertaining this kind of representation constitutively depends on bodilyactivity. Consequently, insofar as cognition depends on consciousness, it is embodied. (shrink)

In having an experience one is aware of having it. Having an experience requires some form of access to one's own state, which distinguishes phenomenally conscious mental states from other kinds of mental states. Until very recently, Higher-Order (HO) theories were the only game in town aiming at offering a full-fledged account of this form of awareness within the analytical tradition. Independently of any objections that HO theories face, First/Same-Order (F/SO) theorists need to offer an account of such access to (...) become a plausible alternative. My aim in this paper is twofold. In the first place, I wish to widen the logical space of the discussion among theories of consciousness by offering a distinction, orthogonal to that between F/SO and HO theories, between what I will call 'Self-Involving' (SI) and 'Mental-State-Involving' (MSI) theories and argue in favor of the former one. In the second place, I will present the basics of a characterization of such a Self-Involving theory in Same-Order terms. (shrink)

According to ordinary language philosophy (OLP), philosophical problems can be solved by investigating ordinary language, often because the problems stem from its misuse. According to ideal language philosophy (ILP), on the other hand, philosophical problems exist because ordinary language is flawed and has to be improved or replaced by constructed languages that do not exhibit these flaws. OLP and ILP together make up linguistic philosophy, the view that philosophical problems are problems of language. Linguistic philosophy is opposed to what may (...) be called, for lack of a better word, ‘traditional philosophy’ (TP), the view that philosophical problems can be solved by discovering non-linguistic facts. In the following, OLP, ILP, and TP are taken to be methodologies, that is, frameworks in which to interpret and evaluate different philosophical methods (i.e., argumentative strategies). The two linguistic methodologies are discussed separately with TP as a foil, and then used to interpret the status of different philosophical methods. While each of the methods discussed here finds a plausible interpretation in each methodology, there are other arguments for and against linguistic philosophy in general, and for and against ILP and OLP in particular. As none of these arguments is decisive, I conclude with a superficial moral about peaceful co-existence. (shrink)

Saying that x is ineffable seems to be paradoxical – either I cannot say anything about x, not even that it is ineffable – or I can say that it is ineffable, but then I can say something and it is not ineffable. In this article, I discuss Alston’s version of the paradox and a solution proposed by Hick which employs the concept of formal and substantial predicates. I reject Hick’s proposal and develop a different account based on some passages (...) from Pseudo-Dionysius’ Mystica Theologia. ‘God is ineffable’ is a metalinguistic statement concerning propositions about God: not all propositions about God are expressible in a human language. (shrink)

Cognitive theories claim, whereas non-cognitive theories deny, that cognitive access is constitutive of phenomenology. Evidence in favor of non-cognitive theories has recently been collected by Block and is based on the high capacity of participants in partial-report experiments compared to the capacity of the working memory. In reply, defenders of cognitive theories have searched for alternative interpretations of such results that make visual awareness compatible with the capacity of the working memory; and so the conclusions of such experiments remain controversial. (...) Instead of entering the debate between alternative interpretations of partial-report experiments, this paper offers an alternative line of research that could settle the discussion between cognitive and non-cognitive theories of consciousness. Here I relate the neural correlates of cognitive access to empirical research into the neurophysiology of dreams; cognitive access seems to depend on the activity of the dorsolateral prefrontal cortex. However, that area is strongly deactivated during sleep; a period when we entertain conscious experiences: dreams. This approach also avoids the classic objection that consciousness should be inextricably tied to reportability or it would fall outside the realm of science. (shrink)

Discussions regarding which norms, if any, govern our practices of forming, maintaining and relinquishing beliefs have come to be collected under the label “The ethics of belief”. Included in the ethics of belief are debates about how those normative issues relate to the nature of belief, whether belief formation is, for example, ever voluntary. The present talk concerns an analogous set of questions regarding our practices of attention. “The ethics of attention” thus concerns the discussion of which norms, if any, (...) govern our practices of attention: what norms govern what we should attend to, how we should engage our capacity for attention, when we should begin and when we should stop to pay attention to something? Like the ethics of belief, the ethics of attention will connect those normative questions to issues regarding the nature of attention, what may or may not be subject to such normative pressures. Compared with rich, complex, and systematic investigation of the ethics of belief, the study of the ethics of attention is more or less undeveloped. This paper aims to begin to change that. Specifically, it shows that attention is an appropriate target for serious normative investigation and then classifies potential norms of attention along three dimensions: whether they are manner or object based, instrumental or non-instrumental, and whether its source is moral, prudential or epistemic. -/- [EDIT. 10. November 2021: this paper has been superseded by a new version. Please cite that in turn]. (shrink)

Presents Ricoeurs theory of metaphor as an attempt to give a conceptual analysis of metaphor and discusses various criticisms.

Higher-order thought theories of consciousness attempt to explain what it takes for a mental state to be conscious, rather than unconscious, by means of a HOT that represents oneself as being in the state in question. Rosenthal Consciousness and the self: new essays, Cambridge University Press, Cambridge, 2011) stresses that the way we are aware of our own conscious states requires essentially indexical self-reference. The challenge for defenders of HOT theories is to show that there is a way to explain (...) the required reference-fixing mechanisms that is compatible with the theory. According to Rosenthal, the reference to oneself as such is grounded in the disposition to identify the individual the HOT refers to as the individual who has that HOT. I argue that this leads to a vicious infinite regress on the more than plausible assumption that our cognitive capacities are limited. This leaves such theories without a foundation, since self-reference is thought essential to consciousness. (shrink)

I argue that believing at will – i.e. believing for practical reasons – is in some sense possible and in some sense impossible. It is impossible insofar as we think of belief formation as a re-sult of our exercise of certain capacities (perception, memory, agency). But insofar as we think of belief formation as an action that might lead to such a result (i.e. a deliberation or an in-quiry), believing at will is possible. First I present and clarify the problem (...) and its philosophical relevance (section 1). I then argue that a belief formation as an immediate reaction to practical reasons is not necessarily equivalent to believing at will because the causal mechanism that leads to the formation might be deviant (section 2). Finally, I explain the difference between the two above mentioned meanings of “belief formation” in order to clarify the possibility and impossibility of believing at will (section 3). (shrink)

Culture or Biology? The question can seem deep and important. Yet, I argue in this chapter, if you are enthralled by questions about our biological differences, then you are probably confused. My goal is to diagnose the confusion. In debates about the role of biology in the social world it is easy to ask the wrong questions, and it is easy to misinterpret the scientific research. We are intuitively attracted to what is called psychological essentialism, and therefore interpret what is (...) biological as what can be traced to “essences”. On this interpretation, it would be deep and important to know what about, say, the differences between the genders is biological: it would correspond to what is essential to being a man or being a woman, and be opposed to what is a mere accidental feature that some women or some men have. Yet, the psychological essentialist understanding of ‘biological differences’ is deeply mistaken about biology. It has the wrong conception of biological kinds, of biological heritability, and of how genes and hormones work. Those who argue for an important role of ‘biology’ in the explanation of human differences often see ‘the science’ on their side. But this is false – on the interpretation of ‘biological differences’ that is most intuitive and that makes the question appear to be most interesting. Defenders of ‘biology’ often have the science against them. What is often called ‘biology’ is a myth: a myth created by an intuitive tendency that grotesquely distorts real biological research. (shrink)

Introduction to edited volume on vitalism and/in the life sciences, 1800-2010.

The European project European and Latin American Systems of Ethics Regulation of Biomedical Research Project (EULABOR) has carried out the first comparative analysis of ethics regulation systems for biomedical research in seven countries in Europe and Latin America, evaluating their roles in the protection of human subjects. We developed a conceptual and methodological framework defining ‘ethics regulation system for biomedical research’ as a set of actors, institutions, codes and laws involved in overseeing the ethics of biomedical research on humans. This (...) framework allowed us to develop comprehensive national reports by conducting semi-structured interviews to key informants. These reports were summarised and analysed in a comparative analysis. The study showed that the regulatory framework for clinical research in these countries differ in scope. It showed that despite the different political contexts, actors involved and motivations for creating the regulation, in most of the studied countries it was the government who took the lead in setting up the system. The study also showed that Europe and Latin America are similar regarding national bodies and research ethics committees, but the Brazilian system has strong and noteworthy specificities. (shrink)

It is astonishing that we humans are able to have, act on and express moral beliefs. This dissertation aims to provide a better philosophical understanding of why and how this is possible especially when we assume metaethical expressivism. Metaethical expressivism is the combination of expressivism and noncognitivism. Expressivism is the view that the meaning of a sentence is explained by the mental state it is conventionally used to express. Noncognitivism is the view that the mental state expressed by a moral (...) sentence is a noncognitive, desire-like state. The central question of this dissertation is this: "How can metaethical expressivists explain that we are able to express moral beliefs?" The shortest answer this dissertation will give is the following: "by becoming `dispositional expressivists´." Dispositional expressivists hold that moral beliefs are dispositions to be in certain mental states that resemble desires. More precisely, a central thesis of this study is that to hold a moral belief is to be disposed to be in a desire-like, noncognitive state where this state has some specific structure. This dissertation arrives at and justifies this thesis by making a number of steps. It starts with preparing the ground by developing a general theory of what it is for a sentence to express a mental state. Roughly, this theory states that for a sentence to express a mental state is for that sentence to be conventionally used to perform a speech act which counts as sincere only if the user or speaker is in that mental state. This theory of expressing satisfies all the constraints that must be satisfied for it to be compatible with the purposes of metaethical expressivism. The next step is to provide a solution to the most notorious semantic problem confronting metaethical expressivism, the problem of explaining how sentences containing moral words can have compositional meaning and stand in logical relations also known as the Frege-Geach or embedding problem. Building on the research of Mark Schroeder, a new expressivist semantics, called `Attitude Semantics´, will be developed for a first-order language. The motivating idea underlying attitude semantics is that expressivists can avoid the problematic feature of so-called `biforcation´ if they treat the structures of the mental states expressed by moral sentences as well as that expressed by non-moral sentences as being isomorphic. In order to give those structures a philosophically interesting interpretation, it will be suggested that we treat sentences as expressing dispositional states. As a toy example we will treat the sentence `murder is wrong´ as expressing the disposition to be for blaming for murder. After dealing with the Frege-Geach problem, I turn to the metaethical expressivists' project of quasi-realism. Two major goals of this project are to explain how moral sentence can be truth-apt and how the states expressed by them can be regarded as moral beliefs. In order to establish those goals I critically examine a number of theories of truth-aptness by providing counterexamples to them. I then present my own theory which says that a sentence is truth-apt iff and because there is a conventional way to use it to express a belief. What is new about this theory is that it treats expressing a belief as being explanatorily more basic than being truth-apt. Belief, according to this theory, explains truth-aptness, not vice versa. This has the important consequence that it shows that what I call the `orthodox strategy´ of quasi-realists is mistaken and needs to be inverted: expressivists must `earn the right´ to moral belief before they can establish that moral sentences are truth-apt, and not the other way round. The second part of this dissertation is then concerned with the question of what it is to hold a moral belief and how they can figure in rational reasoning. In short: it is concerned with earning the right to moral belief. After discussing the major problems confronting a noncognitivist theory of belief, most importantly what I call the `tightrope problem´, I argue for a dispositional form of noncognitivism about moral belief that combines elements from Eric Schwitzgebel's dispositionalism about belief and Sebastian Köhler's `conceptual role expressivism´. This dispositional noncognitivism perfectly matches and justifies the dispositionalist interpretation of the expressivist semantics developed before. In order to fully earn the right to moral belief, however, metaethical expressivists must also deal with several epistemological objections concerning the rationality of moral belief. The first objection I deal with comes from Derek Baker and is directed against Mark Schroeder's specific development of expressivism. I deal with this objection because my own theory bears close resemblance to Schroeder's theory and so it might be worried that it confronts the same issues. Fortunately, we will see that Baker's objection rest on a number of mistaken assumptions and so neither applies to Schroeder's expressivism nor to the version which I defend in this study. The other epistemological objection to metaethical expressivism I deal with is Cian Dorr's famous wishful-thinking objection. In contrast to previous replies to this objection I attack it by directly questioning the central assumption on which it rests, namely that reasoners can never be justified in basing a factual belief on a desire-like state. I argue that this is false, and that under certain conditions reasoning from desire-like mental states to factual beliefs is justified. My argument shows that even if holding a moral belief is being in a desire-like noncognitive state, basing factual belief on a moral belief can give one an epistemic reason for the factual belief. Hence, even if moral thoughts are wishes, moral thinking is not wishful thinking. I take my arguments to earn the dispositional expressivist the right to moral belief. By the previously defended theory of truth-aptness in terms of belief, this allows the dispositional expressivists to conclude that moral sentences are also truth-apt. This finishes the quasi-realist project of this dissertation. In the last part of this dissertation I switch gears and present two unnoted problems for metaethical expressivists having to do with explaining moral motivation. Both arguments are surprisingly simple. The first one is this: if motivation requires a belief as well as a desire (Humeanism), and moral judgments motivate by themselves (internalism), then moral judgments cannot be desires only. If this argument is sound, it shows that the famous `motivation argument´ not only entails the falsity of cognitivism, but also the falsity of noncognitivism. The second argument is the following: moral judgments when combined with suitable external desires motivate to act (externalism), but if motivation requires belief as well as desire (Humeanism), then moral judgments cannot be desires only. I discuss several ways in which noncognitivists might want to deal with those problems, but leave it as an open question whether those solutions will ultimately be viable. Overall, this dissertation makes serious contributions to the research program of metaethical expressivism. It makes proposals for how to solve a number of notorious problems, such as the Frege-Geach problem in semantics and the wishful-thinking problem in epistemology. Besides this, however, it also raises two new problems for metaethical expressivism in the philosophy of action. For those reasons this dissertation will be of interest for anyone who wants to defend or criticize expressivism in metaethics, and more generally, anyone who wants to better understand our astonishing ability to express moral beliefs. (shrink)

Meta-ethical expressivism was traditionally seen as the view that normative judgements are not beliefs. Recently, quasi-realists have argued, via a minimalist conception of “belief”, that expressivism is fully compatible with normative judgements being beliefs. This maneuver is successful, however, only if quasi-realists have really offered an expressivist-friendly account of belief that captures all platitudes characterizing belief. But, quasi-realists’ account has a crucial gap, namely how to account for the propositional contents of normative beliefs in an expressivist-friendly manner. In particular, quasi-realists (...) haven’t yet developed their preferred option, a “minimalist” or “deflationist” account of such contents. This paper aims to close that gap. I argue that expressivists who accepts conceptual role semantics and use an account of that-clauses in their use in belief-attributions based on Wilfrid Sellars’ work can give a deflationary account of the contents of beliefs that is compatible with normative judgements being beliefs, even if expressivism is true. (shrink)

Families play an essential role in deceased organ procurement. As the person cannot directly communicate his or her wishes regarding donation, the family is often the only source of information regarding consent or refusal. We provide a systematic description and analysis of the different roles the family can play, and actions the family can take, in the organ procurement process across different jurisdictions and consent systems. First, families can inform or update healthcare professionals about a person’s donation wishes. Second, families (...) can authorize organ procurement in the absence of deceased’s preferences and the default is not to remove organs, and oppose donation where there is no evidence of preference but the default is to presume consent; in both cases, the decision could be based on their own wishes or what they think the deceased would have wanted. Finally, families can overrule the known wishes of the deceased, which can mean preventing donation, or permitting donation when the deceased refused it. We propose a schema of 4 levels on which to map these possible family roles: no role, witness, surrogate, and full decisional authority. We conclude by mapping different jurisdictions onto this schema to provide a more comprehensive understanding of the consent system for organ donation and some important nuances about the role of families. This classificatory model aims to account for the majority of the world’s consent systems. It provides conceptual and methodological guidance that can be useful to researchers, professionals, and policymakers involved in organ procurement. (shrink)

I argue that the problem of responsibility for attitudes is best understood as a puzzle about how we are responsible for responding to our object-given reasons for attitudes – i.e., how we are responsible for being (ir)rational. The problem can be solved, I propose, by understanding the normative force of reasons for attitudes in terms of blameworthiness. I present a puzzle about the existence of epistemic and mental blame which poses a challenge for the very idea of reasons for attitudes. (...) We are left with three options: denying that there are any reasons for attitudes, opting for pragmatism about reasons for attitudes, or arguing that the challenge rests on a misunderstanding of the normative force of reasons for attitudes. I finally suggest a version of the last strategy. We can understand the normative force of reasons for attitudes, and thereby solve the problem of mental responsibility, by acknowledging that the way we blame each other for failing to respond correctly to our reasons for attitudes is different from the way we blame each other when one failed to respond correctly to reasons for action. (shrink)

The work shows the development of the concept of probability in the history of ideas and science from scholasticism to the 20th century. The epistemic significance of probability as a qualitative determination of knowledge is analysed in depth. The conditions for the possibility of quantitative probability are analysed. At the centre is the consideration that the elementary level of qualitative probabilities does not allow for equal probabilities. This is because it is based on a two-valued logic. This premise demonstrates the (...) limits of what can be said through probabilities, including the fact that the application of the law of large numbers does not justify empirical statements. (shrink)