En los últimos tiempos el derecho ambiental ha ganado un puesto importante en el ámbito jurídico, hecho que refleja la preocupación que hoy se tiene por la relación del hombre con su entorno. Desde hace quince años, la Universidad Colegio Mayor de Nuestra señora del Rosario, por intermedio de su Facultad de Jurisprudencia y concretamente de la Especialización y la línea de investigación en Derecho Ambiental, ha propuesto a través de diversos proyectos avanzar en el conocimiento y análisis del ordenamiento (...) jurídico ambiental, aportando así al desarrollo, estructura y consolidación de esta rama jurídica. Bajo estos parámetros, el objetivo de esta publicación es hacer algunas reflexiones en torno a distintos temas que dentro del derecho público impactan o influyen al derecho ambiental y responder a los enormes desafíos que se presentan en la materia. Por tanto, el programa quiere contribuir desde la academia al diálogo crítico y propositivo que permita dar solución a los problemas encontrados en la aplicación del derecho ambiental. En el primer capítulo, Gloria Amparo Rodriguez describe los ordenamientos jurídicos constitucionales de Colombia, Ecuador y Bolivia a fin de analizar la forma en que cada uno de ellos consagra el derecho a un ambiente sano. A continuación, Martha Ovalle y Zelba Nidia Castro de Perez realizan un estudio de los principios de precaución y prevención, exponiendo su alcance, su fundamento desde el derecho internacional y cómo vienen siendo entendidos por nuestro ordenamiento jurídico, tanto jurisprudencial como legal. Luis Adolfo Diazgranados se ocupa de la responsabilidad de los funcionarios públicos en materia ambiental, para lo cual realiza un análisis de los deberes consagrados en la normatividad vigente. Continuando con esta temática, el profesor Jorge Agudo Gonzalez, de la Universidad Autónoma de Madrid, explora la incidencia del ambiente y los recursos naturales en los procesos contractuales, a fin de mostrar cómo estas materias se han constituido en variable fundamental en el devenir de la formación, celebración y ejecución de los contratos, desde un punto de vista crítico, los aspectos importantes del proceso sancionatorio ambiental, evidenciando las falencias y vacios del a Ley 1333 de 2009. Jairo Cabrera plantea algunas reflexiones sobre la responsabilidad, valiéndose de la doctrina internacional, sobre la problemática de la reparación por daño ambiental. Por su parte, Leonardo Güiza Suárez explica el régimen general de la responsabilidad ambiental en el ordenamiento jurídico a partir del daño de los bosques naturales y su incidencia sobre los derechos humanos. Andres Gomez Rey, desde la teoría del acto administrativo, desarrolla el análisis crítico del régimen jurídico de las aguas superficiales en el derecho ambiental. Giovani J. Herrera Carrascal realiza una disertación sobre los recursos naturales y el ambiente como elementos del espacio público que a su vez constituye en un componente del medio ambiente urbano a partir de la jurisprudencia y de las competencias respectivas. Por último, Marybell Ochoa Miranda trate el tema de los residuos hospitalarios en Colombia, exponiendo su régimen jurídico, las competencias de las autoridades ambientales, los deberes que en estos asuntos tienen los ciudadanos, proponiendo lineamientos para avanzar en la consolidación de la gestión integral de residuos hospitalarios y similares. (shrink)

In this paper, I consider the relationship between Inference to the Best Explanation and Bayesianism, both of which are well-known accounts of the nature of scientific inference. In Sect. 2, I give a brief overview of Bayesianism and IBE. In Sect. 3, I argue that IBE in its most prominently defended forms is difficult to reconcile with Bayesianism because not all of the items that feature on popular lists of “explanatory virtues”—by means of which IBE ranks competing explanations—have confirmational import. (...) Rather, some of the items that feature on these lists are “informational virtues”—properties that do not make a hypothesis \ more probable than some competitor \ given evidence E, but that, roughly-speaking, give that hypothesis greater informative content. In Sect. 4, I consider as a response to my argument a recent version of compatibilism which argues that IBE can provide further normative constraints on the objectively correct probability function. I argue that this response does not succeed, owing to the difficulty of defending with any generality such further normative constraints. Lastly, in Sect. 5, I propose that IBE should be regarded, not as a theory of scientific inference, but rather as a theory of when we ought to “accept” H, where the acceptability of H is fixed by the goals of science and concerns whether H is worthy of commitment as research program. In this way, IBE and Bayesianism, as I will show, can be made compatible, and thus the Bayesian and the proponent of IBE can be friends. (shrink)

This chapter reconstructs the neo‐Wittgensteinian proposals, and re‐examines the “family resemblances” passages from the Philosophical Investigations. Arthur Danto chooses to explain the historically contextual nature of art in some of the same terms as Wittgenstein sketches for language. The neo‐Wittgenstein view is typically reconstructed as a conjunction of two claims about the concept of art: the concept is not definable and it needs to be understood along the lines of Wittgenstein's discussion of “family resemblances.” The concept of art evolves historically (...) with different uses and conditions of application in different historical contexts. Wittgenstein briefly invokes resemblances among family members to characterize such networks of overlapping similarities and immediately proceeds to apply the idea to numbers. Danto's considered view is that the diversity of art is a matter of the historicity of both meaning and embodiment. (shrink)

The historical avant-gardes showed that it is in the syntactic space where the mutations of art occur, where the creative potentialities in contemporary art are played. Hence the need to accentuate the syntactic creation registers in the works of the Estridentistas. There is no creation of images, rhythms, words, atmospheres, sound orientations, planes or political-literary postures that are valid apart from the syntax effects in which the poems of Manuel Maples Arce, Germán List, Salvador Gallardo and Kyn-Taniya take place, the (...) paintings, engravings and sculptures by Fermín Revueltas, Ramón Alva de la Canal, Germán Cueto and Leopoldo Méndez, the novels and essays by Arqueles Vela, the pieces from the Estridentista period by Silvestre Revueltas, the plays by Salvador Gallardo and Germán Cueto. The syntax is the tracing of indirect paths created in each poem, installation, plastic or musical work, to show life in things; those forces, paths and paths that, when going from life to language, create a work. It is, therefore, a speed. I don't use "speed" as a metaphor. It is the speeds that interdigitate events, images, objects; those that relate and stress semantic, sound, semiotic and social forces, paths and trajectories. Velocity is the gradient of the syntax, the relationship between phenomena, the variation of the elements according to a certain direction, the trajectory medium, the semantic loads and the systems of signs: it is not necessary to think that the syntactic effects are something like general mechanisms that precede poems, plastic and musical works. A new syntactic speed detaches itself as much as it can from what is constituted and seeks to bring poetic, pictorial, musical language to its threshold of meaning, informational or communication, to its referential, rhythmic, constructive threshold. Therefore, it should not be confused with acceleration. Slowness is a speed, as in Handke's writing or in some sections of Tarr's films. (shrink)

This paper aims to contribute to the existing literature on normative cognition by providing a lineage explanation of human social norm psychology. This approach builds upon theories of goal-directed behavioral control in the reinforcement learning and control literature, arguing that this form of control defines an important class of intentional normative mental states that are instrumental in nature. I defend the view that great ape capacities for instrumental reasoning and our capacity (or family of capacities) for shared intentionality coadapted to (...) each other and argue that the evolution of this capacity has allowed the representation of social norms and the emergence of our capacity for normative guidance. (shrink)

In this paper, I offer an analysis of the radical disagreement over the adequacy of string theory. The prominence of string theory despite its notorious lack of empirical support is sometimes explained as a troubling case of science gone awry, driven largely by sociological mechanisms such as groupthink (e.g. Smolin 2006). Others, such as Dawid (2013), explain the controversy by positing a methodological revolution of sorts, according to which string theorists have quietly turned to nonempirical methods of theory assessment given (...) the technological inability to directly test the theory. The appropriate response, according to Dawid, is to acknowledge this development and widen the canons of acceptable scientific methods. As I’ll argue, however, the current situation in fundamental physics does not require either of these responses. Rather, as I’ll suggest, much of the controversy stems from a failure to properly distinguish the “context of justification” from the “context of pursuit”. Both those who accuse string theorists of betraying the scientific method and those who advocate an enlarged conception of scientific methodology objectionably conflate epistemic justification with judgements of pursuit-worthiness. Once we get clear about this distinction and about the different norms governing the two contexts, the current situation in fundamental physics becomes much less puzzling. After defending this diagnosis of the controversy, I’ll show how the argument patterns that have been posited by Dawid as constituting an emergent methodological revolution in science are better off if reworked as arguments belonging to the context of pursuit. (shrink)

Aesthetic properties figure prominently in our daily lives, our conversations and many actions we take. Yet theoretical disagreement prevails over their nature, their variety, their epistemic and metaphysical status. This overview highlights the heterogeneity of aesthetic properties and examines repercussions for explanation. Aesthetic properties belong to natural objects or scenes, to artworks in any medium, to artefacts and built environments across historical eras; and they draw a wide variety of responses such as our perceptions, emotions or imaginative thought. Historicism about (...) artworks carries over to at least some aesthetic properties that depend on facts of their broader historical context just as works do. One issue is whether aesthetic properties can be demarcated solely in terms of non-aesthetic properties. If not, explanations of aesthetic properties need to draw on other aesthetic notions such as aesthetic experience, attention, judgement or value. The paper examines several accounts of aesthetic value to show how they extend to aesthetic properties. The paper concludes with an overview of the current metaphysical debate between realists and non-realists about aesthetic properties. (shrink)

This paper straightforwardly addresses one of the strongest, from an ethical perspective, objections presented to the duty to die, the one concerned with the lack of a normative theory to support it, offered by Seay in his paper Can there be a “duty to die” without a normative theory? The aim of the paper is to provide strong metaethical grounds to support the duty to die without the need of a moral normative theory. First, the definition and main argument for (...) the duty to die will be presented. Second, Seay’s objection will be described and clearly explained. Third, our metaphysical assumptions and a preliminary metaethical discussion will be offered to situate and understand the context. Finally, we will show how the duty to die can be integrated within the metaethical approach previously presented, defending that there is no need of a normative theory to provide good justification and strong ethical grounds for the duty to die, because they will have already been provided by our metaethical argument. (shrink)

Lezama, and later Deleuze, discovered that the baroque does not refer to an essence, but to an operative function. That operative function is the fold, which "curls and multiplies", as Lezama writes, and proliferates to infinity. We all know the examples with which Lezama placed his concept of the American baroque: the poems of Domínguez Camargo, those of Sor Juana, the architectures of the Kondori Indian, the baptismal fonts of Aleijadinho, "ornamented like accordions, with spiraloid leaves that ascend"; the chapel (...) of the Rosary, in Puebla, omamentada "without truce or free spatial parenthesis". This is how the fold operates, it is like a leprosy or a lichen -in the past, certain lichens were called leprosy-: it infests by enveloping and developing, it proliferates by setting in motion the fold-unfold pair. Lezama does not seek to reconfigure the sequences of history, but to superimpose other cycles on them, create gaps and vanishing points in chronological and causal narratives, divert the emphasis placed on cultures and redirect it to imaginary eras, until the meaning comes from a series of scales established in the historical. The eras would be ordered according to their potentiality to create images; thus it would be possible to establish the points where the image was imposed as history. The Carolingian imaginary era, for example, forged a link between the prodigies, the marvelous islands, the battles against the Saracens and theocratic reason. How are these scales established and how do they operate? How do counterpoint, images and links work? (shrink)

Kendall Walton explains pictures in terms of games of perceptual make-believe. Pictures or depictions are props that draw us to participate in games of make-believe where we imagine seeing what a picture depicts. Walton proposes that one imagines of one’s perceptual experience of the coloured canvas that it is a different perceptual experience. The issue is whether perception and imagination can combine the way Walton suggests. Can one imagine a perception to be different? To get a clearer understanding of the (...) unified perceptual-imaginative experience Walton posits, the paper turns to competing theories that explain perceptual experience in terms of contents, relations to objects, or both contents and relations. Walton appeals to theories of perceptual content and cognitive penetration. But it is also important to examine whether his view fits with recent theories that explain perception only in terms of relations or in terms of both contents and relations. The paper argues that Walton’s view is compatible with content theories of perception and can be defended from some objection once we look at the detail these theories offer. Walton’s view is not compatible with pure relational theories of perception but it can be explained by hybrid content-relational theories of perception that posit de re senses. (shrink)

If artworks and their aesthetic properties stand in constitutive relationships to historical context and circumstances, so that some understanding of relevant facts is involved in responding to a work, what becomes of the intuitive view that we see artworks and at least some of their aesthetic properties? This question is raised by arguments in both aesthetics and art history for the historical nature of works of art. The paper argues that the answer needs to take philosophy of perception into account. (...) The principal development that has shaped philosophy of perception in the last thirty years—explaining perceptual experience in terms of contents that represent that such-and-such is the case—is directly relevant to key arguments for the historical nature of art because contents can represent complex kinds and properties. Conceptual realism is especially well-suited for explaining perception of artworks and aesthetic properties because it emphasizes that forms of understanding—in the sense of capacities, abilities and techniques—are involved in perceptual engagement with individual objects and instances of properties. To make this case, the paper examines influential arguments for the historical nature of art and aesthetic properties by Arthur C. Danto and Kendall L. Walton; and examines art-historical discussions by Michael Baxandall, Linda Nochlin and T. J. Clark. The paper argues that the aesthetic properties of an artwork depend on human intentional uses of properties, colours and contours among them, and such uses may themselves be aesthetic. The Wittgensteinian notion of use is contextual and historical, and uses are perceptible. (shrink)

In this paper, I examine Cicero’s oft-neglected De Divinatione, a dialogue investigating the legitimacy of the practice of divination. First, I offer a novel analysis of the main arguments for divination given by Quintus, highlighting the fact that he employs two logically distinct argument forms. Next, I turn to the first of the main arguments against divination given by Marcus. Here I show, with the help of modern probabilistic tools, that Marcus’ skeptical response is far from the decisive, proto-naturalistic assault (...) on superstition that it is sometimes portrayed to be. Then, I offer an extended analysis of the second of the main arguments against divination given by Marcus. Inspired by Marcus’ second main argument, I formulate, explicate, and defend a substantive principle of scientific methodology that I call the “Ciceronian Causal-Nomological Requirement” (CCR). Roughly, this principle states that causal knowledge is essential for relying on correlations in predictive inference. Although I go on to argue that Marcus’ application of the CCR in his debate with Quintus is dialectically inadequate, I conclude that De Divinatione deserves its place in Cicero’s philosophical corpus, and that ultimately, its significance for the history and philosophy of science ought to be recognized. (shrink)

In this article, I consider an important challenge to the popular theory of scientific inference commonly known as ‘inference to the best explanation’, one that has received scant attention.1 1 The problem is that there exists a wide array of rival models of explanation, thus leaving IBE objectionably indeterminate. First, I briefly introduce IBE. Then, I motivate the problem and offer three potential solutions, the most plausible of which is to adopt a kind of pluralism about the rival models of (...) explanation. However, I argue that how ranking explanations on this pluralistic account of IBE remains obscure and pluralism leads to contradictory results. In light of these objections, I attempt to dissolve the problem by showing why IBE does not require a ‘model’ of explanation and by giving an account of what explanation consists in within the context of IBE. (shrink)

In this article, I will provide a critical overview of the form of non-deductive reasoning commonly known as “Inference to the Best Explanation” (IBE). Roughly speaking, according to IBE, we ought to infer the hypothesis that provides the best explanation of our evidence. In section 2, I survey some contemporary formulations of IBE and highlight some of its putative applications. In section 3, I distinguish IBE from C.S. Peirce’s notion of abduction. After underlining some of the essential elements of IBE, (...) the rest of the entry is organized around an examination of various problems that IBE confronts, along with some extant attempts to address these problems. In section 4, I consider the question of when a fact requires an explanation, since presumably IBE applies only in cases where some explanation is called for. In section 5, I consider the difficult question of how we ought to understand IBE in light of the fact that among philosophers, there is significant disagreement about what constitutes an explanation. In section 6, I consider different strategies for justifying the truth-conduciveness of the explanatory virtues, e.g., simplicity, unification, scope, etc., criteria which play an indispensable role in any given application of IBE. In section 7, I survey some of the most recent literature on IBE, much of which consists of investigations of the status of IBE from the standpoint of the Bayesian philosophy of science. (shrink)

In this paper, I critically evaluate several related, provocative claims made by proponents of data-intensive science and “Big Data” which bear on scientific methodology, especially the claim that scientists will soon no longer have any use for familiar concepts like causation and explanation. After introducing the issue, in Section 2, I elaborate on the alleged changes to scientific method that feature prominently in discussions of Big Data. In Section 3, I argue that these methodological claims are in tension with a (...) prominent account of scientific method, often called “Inference to the Best Explanation”. Later on, in Section 3, I consider an argument against IBE that will be congenial to proponents of Big Data, namely, the argument due to Roche and Sober Analysis, 73:659–668, that “explanatoriness is evidentially irrelevant.” This argument is based on Bayesianism, one of the most prominent general accounts of theory-confirmation. In Section 4, I consider some extant responses to this argument, especially that of Climenhaga Philosophy of Science, 84:359–368,. In Section 5, I argue that Roche and Sober’s argument does not show that explanatory reasoning is dispensable. In Section 6, I argue that there is good reason to think explanatory reasoning will continue to prove indispensable in scientific practice. Drawing on Cicero’s oft-neglected De Divinatione, I formulate what I call the “Ciceronian Causal-nomological Requirement”, which states, roughly, that causal-nomological knowledge is essential for relying on correlations in predictive inference. I defend a version of the CCR by appealing to the challenge of “spurious correlations,” chance correlations which we should not rely upon for predictive inference. In Section 7, I offer some concluding remarks. (shrink)

Here, I consider the recent application of phylogenetic methods in historical linguistics. After a preliminary survey of one such method, i.e. cladistic parsimony, I respond to two common criticisms of cultural phylogenies: that cultural artifacts cannot be modeled as tree-like because of borrowing across lineages, and that the mechanism of cultural change differs radically from that of biological evolution. I argue that while perhaps remains true for certain cultural artifacts, the nature of language may be such as to side-step this (...) objection. Moreover, I explore the possibility that cladistic parsimony can be justified even if is true by appealing to the inference pattern known among philosophers as ‘Inference to the Best Explanation’. (shrink)

This paper examines the relationship between beauty and aesthetic properties to argue that aesthetic properties are connected to a work’s content, to what a work conveys or expresses. I turn to Kant’s Critique of Judgement to make the case. My argument highlights two parts of Kant’s approach. Kant argues that pure aesthetic judgements of beauty are grounded in a harmonious yet free play of the imagination and understanding. Such free play is pleasurable and intimates that the power or capacity of (...) imagination is suitable for and can be brought within the conditions of the capacity for conceptual understanding. Within this broader frame, Kant’s account of artistic beauty specifies the relationship of aesthetic properties to the beauty of a work: aesthetic attributes help convey the aesthetic ideas that beautiful works express. I examine how Kant’s view helps us appreciate that aesthetic properties of artworks are integral to conveying the content of a work, and that the pleasure we feel has the potential to make us aware of the experience, its nature and value. (shrink)

Philosophy, it is said, has always been concerned with space and nature. Since Aristotle, even since the pre-Socratics, and up to Descartes and Leibniz at least, no one was worthy of the title of philosopher if he had not written something about meteors. And not only about meteors: observations on the movements of the Earth and changes in nature, changes of state or speed, transitions and contacts between strange elements, spatial geometrical properties, the order of coexistences - their limits - (...) and the correspondences between scales; force and matter, constructive typologies and geomorphology were an indissoluble part of the philosophical field. It is not that philosophy reflected on these external themes, but that these themes formed the fabric of the philosophical body. What happened, then, between the end of the seventeenth century and the first half of the eighteenth century? How did the themes related to space and nature become diluted and disappear from philosophical discourses? It is not a question of the split between man and nature, ancient and incommensurable, but of the separation of nature itself, modern and discontinuous, by means of which it was placed alongside the barren, the inert, as a category. -/- La filosofía, se dice, se ocupó siempre de los espacios y de la naturaleza. Desde Aristóteles, incluso desde los presocráticos, y hasta Descartes y Leibniz por lo menos, nadie era digno del título de filósofo si no había escrito algo sobre los meteoros. Y no sólo sobre los meteoros: las observaciones sobre los movimientos de la Tierra y la mudanza en la naturaleza, los cambios de estado o de velocidad, las transiciones y los contactos entre elementos extraños, las propiedades geométricas espaciales, el orden de las coexistencias —sus límites— y las correspondencias entre las escalas; la fuerza y la materia, las tipologías constructivas y la geomorfología formaban parte indisoluble del campo filosófico. No es que la filosofía reflexionase sobre esos temas externos, sino que esos temas formaban el tejido del cuerpo filosófico. ¿Qué sucedió, entonces, entre el final del siglo XVII y la primera mitad del siglo XVIII? ¿Cómo fue que los temas relacionados con el espacio y la naturaleza se diluyeron y desaparecieron de los discursos filosóficos? No se trata de la escisión entre hombre y naturaleza, antigua e inconmensurable, sino de la separación de sí de la naturaleza misma, moderna y discontinua, por medio de la cual fue puesta al lado de lo yerto, lo inerte, como una categoría. (shrink)

This thesis focuses on the evolution of human social norm psychology. More precisely, I want to show how the emergence of our distinctive capacity to follow social norms and make social normative judgments is connected to the lineage explanation of our capacity to form shared intentions, and how such capacity is related to a diverse cluster of prototypical moral judgments. I argue that in explaining the evolution of this form of normative cognition we also require an understanding of the developmental (...) trajectory of this capacity. For this purpose, the thesis is organized as follow. In the first chapter, I make some methodological remarks and provide the general overview and plan for the dissertation. In the second chapter, I explain what my explanatory target is and why it matters. On the view I am defending, shared intentional psychology gives rise to a special form of psychology that enables us to engage in social normative thinking. These norms are represented as shared intentional states. Moral psychology, in contrast, is more diverse. For moral judgments define a quite heterogeneous class of mental states—although some moral judgments may involve the representation and execution of norms, certainly not all of them do. I show that although much of our distinctive social norm psychology can be explained within the framework of shared intentionality, moral judgments cannot be unified in the same way. In the third chapter, I provide the baseline of social-cognitive capacities that serve as starting point for my lineage explanation. I argue that hominin social cognition was for a very long period of our evolutionary history essentially a matter of low-level cognitive and motivational processes. On this picture, bottom-up affective processes regulated the social lives of early hominins without requiring any special top-down mechanism of normative thinking such as a capacity for understanding and representing social norms. In the fourth chapter, I argue that human-like social norm psychology evolved as a result of the selective pressures that gave rise to shared intentionality, especially the demands that came from collective hunting. Yet collective hunting was not the whole story of the evolution of shared intentionality, for our capacity to form shared intentional mental states emerged from the interplay between the selective pressures that led to cooperative breeding in humans as well as organized, goal-oriented, collective hunting. Thus, I propose an evo-devo account of shared intentionality and its normative dimension since I argue that explaining the evolution of this particular form of normative thinking crucially depends on information about the developmental trajectory of this capacity. Finally, in the fifth chapter, I focus on how social norms are acquired and how the way we learn them gives rise to some prototypical cluster of moral judgments. Thus, this chapter returns to some of themes and arguments of the first chapter by explaining how the distinction between moral judgments and nonmoral judgments can be culturally transmitted. (shrink)

In this paper, I describe some strategies for teaching an introductory philosophy of science course to Science, Technology, Engineering, and Mathematics (STEM) students, with reference to my own experience teaching a philosophy of science course in the Fall of 2020. The most important strategy that I advocate is what I call the “Second Philosophy” approach, according to which instructors ought to emphasize that the problems that concern philosophers of science are not manufactured and imposed by philosophers from the outside, but (...) rather are ones that arise internally, during the practice of science itself. To justify this approach, I appeal to considerations from both educational research and the epistemology of testimony. In addition, I defend some distinctive learning goals that philosophy of science instructors ought to adopt when teaching STEM students, which include rectifying empirically well-documented shortcomings in students’ conceptions of the “scientific method” and the “nature of science.” Although my primary focus will be on teaching philosophy of science to STEM students, much of what I propose can be applied to non-philosophy majors generally. Ultimately, as I argue, a successful philosophy of science course for non-philosophy majors must be one that advances a student’s science education. The strategies that I describe and defend here are aimed at precisely that end. (shrink)

In this chapter, I approach the anticipatory character of experience and the possibility of focusing on the present from the viewpoint of Husserlian phenomenology. I do this by analyzing in particular the emotional dimension of expectations. In the framework of Husserlian phenomenology, the concept of emotional expectation describes a subject´s orientation toward what is coming as an affective tension, that is, an emotional way of “being tensed” toward the future. The general aim of the chapter is thus to explore the (...) possible contributions of Husserl´s analyses of the relation between different temporal phases of consciousness to the debate in the context of mindfulness about the possibility of focusing on the now moment and observing and regulating emotions. First, I will present the concept of emotional expectation and the anticipatory dimension of time-consciousness in Husserl’s phenomenology. This requires clarifying the specific emotional character of expectations, that is, explaining how expectations are to be understood in the emotional sphere, in terms of how they both differ from and intertwine with intellectual expectations. Second, I will provide an overview of the sedimentation of feelings in emotional dispositions and of the “resonance” of feelings. Finally, I will refer to the role of attention in redirecting consciousness to the now, and in the observation of emotions. In this regard, I will argue that, even though every experience involves past, present, and future temporal modes, attention can favor what is given in the now and can intervene in order to observe emotions as they are going on. In general terms, I will try to describe the passive genesis of disposition that predelineates present experience and expectations regarding the future, and also to explore the possibility of actively intervening from the present to reconfigure this passive predelineation. (shrink)

In the last two decades, a robust consensus has emerged among philosophers of science, whereby political, ethical, or social values must play some role in scientific inquiry, and that the ‘value-free ideal’ is thus a misguided conception of science. However, the question of how to distinguish, in a principled way, which values may legitimately influence science remains. This question, which has been dubbed the ‘new demarcation problem,’ has until recently received comparatively less attention from philosophers of science. In this paper, (...) I appeal to Rawls’s theory of justice (1971) on the basis of which I defend a Rawlsian solution to the new demarcation problem. As I argue, the Rawlsian solution places plausible constraints on which values ought to influence scientific inquiry, and, moreover, can be fruitfully applied to concrete cases to determine how the conflicting interests of stakeholders should be balanced. After considering and responding to the objection that Rawls’s theory of justice applies only to the “basic structure” of society, I compare the Rawlsian solution to some other approaches to the new demarcation problem, especially those that emphasize democratic criteria. (shrink)

In this paper, I discuss the ways in which epistemic anxiety promotes well-being, specifically by examining the positive contributions that feelings of epistemic anxiety make toward intellectually virtuous inquiry. While the prospects for connecting the concept of epistemic anxiety to the two most prominent accounts of intellectual virtue, i.e., “virtue-reliabilism” and “virtue-responsibilism”, are promising, I primarily focus on whether the capacity for epistemic anxiety counts as an intellectual virtue in the reliabilist sense. As I argue, there is a close yet (...) unexplored connection between feelings of epistemic anxiety and the form of inference commonly known as “Inference to the Best Explanation” (IBE). Specifically, I argue that both the recognition that some fact requires an explanation—a necessary first step in applying IBE—and the subsequent motivation to employ IBE are typically facilitated by feelings of epistemic anxiety. So, provided IBE is truth-conducive the capacity for epistemic anxiety should count as an intellectual virtue in the reliabilist sense. After outlining my main argument, I address the challenge that the capacity for epistemic anxiety has the potential to be misleading. To respond to this challenge, I discuss how our recognition that a fact requires an explanation must in part be a species of practical knowledge, rather than theoretical knowledge. For the agent to skillfully distinguish between facts that require an explanation and facts that do not, she must develop the virtuous disposition to feel the appropriate amount of epistemic anxiety. Despite the many negative aspects associated with anxiety, as I conclude, being disposed to feel the appropriate amount of epistemic anxiety is ultimately good for us. (shrink)

The year 2021 marked the commemoration of the centenary of the appearance of the stridentist movement and the literary avant-garde in Mexico. Stridentism broke into the public con- sciousness with the publication of the leaflet Actual No 1 on the main thoroughfares of Mexico City, convulsing the cultural en- vironment of the early 1920s and bringing together diverse young artists to undertake a literary renewal. This facsimile edition of Actual No 3, the final issue of Manuel Maples Arce’s magazine, which (...) appeared a hundred years ago this year and which until very recently was practically unknown, seeks to bring to the pub- lic something that is at once a singular avant-garde object and a magazine that expressed, at a very early stage, the cosmopolitan, iconoclastic, youthful character of stridentism and its time. "Stridentist Neo-object Actual No 3" is a essay that shows that from foundationless things and objects without gravitation to recomposed neo-objects emerges one of the lengthiest, rup- tured, polyhedric mutations in all fields of knowledge. The historical avant-gardes worked precisely in the turning of the tide on auratic objects that led to the appearance of neo-objects or recomposed objects. In their approach to objects, they tried var- ious operations: they deepened the depresentification of “natural” or “given” things, seeking—in some cases—dematerialization, the simultaneity of planes, the breakdown of logical links, while in others they the sought the primacy of the concept. They created multidimensional neo-objects shot through with events, on the scales of spaces, from the juxtaposed to the dislocated, the simultaneous contiguous to the dispersed, and the close to the distant. They criticized objects and materials they saw as bourgeois, auratic, and linked to ancient traditions and techniques. They created new syntactic velocities through which they interdigitated technical objects newly fashioned by human sensibility. (shrink)

An essay on the operation of the powers of control during the pandemic lockdown. Thus, the meaning of contemporary noise, the anthropause, the connection as a norm, the appearance of a new chain between biopolitical regulations, norms and subjective modulations are analyzed. The untimely force of the event is proposed as a way of resisting control. -/- Un ensayo sobre el funcionamiento de los poderes de control durante el encierro pandémico. Se analizan, así, el sentido del ruido contemporáneo, la antropausa, (...) la conexión como norma, la aparición de un nuevo encadenamiento entre regulaciones biopolíticas, normas y modulaciones subjetivas. Se propone la fuerza intempestiva del acontecimiento como forma de resistir al control. (shrink)

The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...) technologies, such as gene sequencing tools and online surveillance. To better understand the privacy stakes of brain data, we suggest the use of a conceptual framework from information ethics, Helen Nissenbaum’s “contextual integrity” theory. To illustrate the importance of context, we examine neurotechnologies and the information flows they produce in three familiar contexts—healthcare and medical research, criminal justice, and consumer marketing. We argue that by emphasizing what is distinct about brain privacy issues, rather than what they share with other data privacy concerns, risks weakening broader efforts to enact more robust privacy law and policy. (shrink)

This paper aims to explore and offer different hypotheses that could account for an adequate understanding of the duty to die and its relation to biopolitics from two neglected approaches. First, death will be analysed from a biopolitical perspective to understand the crucial role it has in biopower. Second, the focus lies on the two-folded implication that death has in biopower, for it could be either a defiance of it or the final sublimation of its control. Similarly, the next section (...) addresses the relations between death and neoliberalism from a biopolitical perspective, exploring the possibility of understanding the duty to die as resistance to economic mandates or, on the contrary, as the fulfilment of neoliberal interests. Finally, as a continuation of the relations between the duty to die and neo-liberalism, the paper analyses a similar two-folded view of the former from a psychopolitical perspective. (shrink)

In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind the idea that mistakes of (...) law often should not excuse. (Yaffe is interested in more than just the descriptive claim that in Anglo-American legal jurisdictions mistakes of law routinely do not, in fact, excuse.) More particularly, Yaffe is interested in what plausible normative justification there might be for this asymmetric pattern: -/- Asymmetry: False beliefs about non-legal facts often excuse, but false beliefs about the law rarely excuse. -/- Yaffe offers a complex argument in support of Asymmetry. This paper is organised around my reconstruction of Yaffe’s argument. I argue that Yaffe’s argument does not succeed, but that his argument provides a template for an argument that could succeed. (shrink)

This paper argues that perception is a mode of engagement with individuals and their determinate properties. Perceptual content involves determinate properties in a way that relies on our conceptual capacities no less than on the properties. The “richness” of perceptual experience is explained as a distinctive individual and property involving content. This position is developed in three steps: (i) novel phenomenological description of lived experience; (ii) detailed reconstruction of Gareth Evans’ proposal that we are capable of genuinely singular thought that (...) involves individuals under modes of presentation; (iii) re-consideration of the re-identification condition on conceptual contents. (shrink)

John Carvalho’s Thinking with Images, an Enactivist Aesthetics argues that puzzling artworks can draw us into a special activity – thinking when we don’t know what to think – which is valuable because it takes us beyond our skills and understanding. Enactivism is the theory of mind that best explains such thinking. The book illustrates this proposal with four chapters that detail Carvalho’s highly personal or individual encounters with enigmatic works of art. I raise two concerns. First, the four illustrative (...) chapters say that they are enactivist, but they do not show this. The illustrative chapters detail considerations about the works that are not distinguished by a particular theory of mind and might fit with any number of approaches to works of art. The suggestion that the thinking presented in each chapter is skillful is not explained. Second, the book does not just focus on thinking when we don’t know what to think, it also claims that such thinking frees us from mere looking. But enactivism does not require us to deny that our engagement with particular works in their ‘concrete singularity,’ to use Carvalho’s term, is perceptual. If perception is richly integrated or even continuous with what we understand skillfully or cognitively – and enacted in one’s circumstances – this does not erase differences between perception and thought or between their functions. When we ‘think with’ an individual so that we are engaged with it in its concrete singularity, perception is involved either in the present or the past. There is no need to shunt perception or looking aside as life activities that are just rule-bound, just part of knowing what to think rather than part of our response when we don’t know what to think. (shrink)

Euthanasia and the duty to die have both been thoroughly discussed in the field of bioethics as morally justifiable practices within medical healthcare contexts. The existence of a narrow connection between both could also be established, for people having a duty to die should be allowed to actively hasten their death by the active means offered by euthanasia. Choosing the right time to end one’s own life is a decisive factor to retain autonomy at the end of our lives. However, (...) there is no definitive consensus on why physicians should be the ones performing the medical procedure to end a person’s life. The moral problems arising from such assertion are not to be taken lightly, for medical tradition has long regarded the duty not to kill, not to actively end a patient’s life, as the core moral obligation that gives meaning to the medical profession. Our concern is to question the moral justifiability of the arguments offered by physicians not to actively help patients die. (shrink)

This article argues that conceptual realism offers an important alternative to naïve realist, purely relational approaches with which ‘disjunctivism’ has come to be readily associated. I argue that John McDowell’s account of perception as both contentful and relational tends to go unnoted when the options for disjunctive theories are laid out. But McDowell’s approach is important because it comes up the middle between ‘intentional’ and ‘relational’ views of perception. In doing so, it offers theoretical resources for explaining perceptual experience and (...) its epistemic standing that purely relational views associated with naïve realism do not have. McDowell’s work opens a unified approach to perception and its epistemic potential that turns on the claim that it is contents and the broader context of capacities in which such contents figure that secure the perceiver’s relation to what she sees. I call views of this kind conceptual realism, though commonsense realism might be more apt. Following comparison of the explanations that conceptual and naïve realism can provide of various difficult scenarios, the paper concludes with an example of how conceptual realist theories might disagree or diverge from the detail of McDowell’s approach. My criticism draws on aesthetics to discuss experience of aesthetic properties. (shrink)

Peer competition and peer cooperation can be intuitively seen as opposing phenomena. However, depending on multiple factors, they might be complementary. In a population divided into groups, for instance, members of each group may cooperate with their peers in order to compete with neighboring groups. Alternatively, they may compete with their peers as a means of choosing the best cooperative partners and demonstrate that they are reliable cooperative partners. For instance, if subjects can choose with whom they wish to interact, (...) this may create competition to be more generous or loyal than others. (shrink)

In this critical notice, I focus my attention on the chapters that deal with the explanationist response to skepticism.

The aim of this volume is to present Kafka not as a writer, or not only as a writer, but as a philosopher. However, even after narrowing the scope of our interest down, there will still be several Kafka’s left on the table. Themes treated in the volume include: the so-called Brentano School in Prague, Kafka’s affiliation to the Louvre Circle, Kafka and existentialist philosophy, Kafka’s Jewish heritage, his love of Nietzsche and Meister Eckhart and—last but not least, since he (...) was such an exceptional writer—his aesthetics. (shrink)

To explain the evolutionary emergence of uniquely human skills and motivations for cooperation, Tomasello et al. (2012, in Current Anthropology 53(6):673–92) proposed the interdependence hypothesis. The key adaptive context in this account was the obligate collaborative foraging of early human adults. Hawkes (2014, in Human Nature 25(1):28–48), following Hrdy (Mothers and Others, Harvard University Press, 2009), provided an alternative account for the emergence of uniquely human cooperative skills in which the key was early human infants’ attempts to solicit care and (...) attention from adults in a cooperative breeding context. Here we attempt to reconcile these two accounts. Our composite account accepts Hrdy’s and Hawkes’s contention that the extremely early emergence of human infants’ cooperative skills suggests an important role for cooperative breeding as adaptive context, perhaps in early Homo. But our account also insists that human cooperation goes well beyond these nascent skills to include such things as the communicative and cultural conventions, norms, and institutions created by later Homo and early modern humans to deal with adult problems of social coordination. As part of this account we hypothesize how each of the main stages of human ontogeny (infancy, childhood, adolescence) was transformed during evolution both by infants’ cooperative skills “migrating up” in age and by adults’ cooperative skills “migrating down” in age. (shrink)

Filósofos como Marcuse han subrayado las propiedades liberadoras del quehacer artístico. Pero si hemos de pensar el arte como el Gran Rechazo, es necesario mostrar qué rechaza el arte y con qué busca sustituirlo. Respecto a estas preguntas, existen dos respuestas antagónicas. Mientras una busca en la experiencia artística rechazar lo dado en nombre de una verdad intemporal, la otra también reniega de lo dado, pero admite el carácter provisorio de toda verdad. Aunque en apariencia sutil, esta distinción es sustancial. (...) A partir de una lectura de Platón, muestro por qué en la primera posición no hay cabida para lo humano, y por qué de ella se desprenden implicaciones totalitarias. Para caracterizar a la segunda posición, me sirvo de la concepción estética de Octavio Paz y de la propuesta escultórica de Alexander Calder. Ambas propuestas permiten conciliar la insatisfacción que palpita en el arte con la alteridad que caracteriza a lo humano. (shrink)

An essay that seeks to show how modern thinking could never create an affirmative concept of difference. The dispute between Buffon, De Pauw, from the European shore, and Clavijero, from the American one, shows how the Natural History device was built.

This article offers a detailed textual reexamination of the ‘family resemblance’ passages to reconsider their implications for understanding art. The reassessment takes into account their broader context in the Philosophical Investigations, including the rule following considerations, and draws on a realist interpretive framework associated principally with the work of Cavell, Diamond, McDowell, and Putnam. Wittgensteinian “realism with a human face” helps us discern that the primary issue is not whether certain concepts are definable, posing a stark opposition between essentialism and (...) its denial about kinds such as language or games. What is at issue is keeping uses of language in view in their variety and their broader life contexts. Focus on rules suggests more broadly that norms and values inhere in practices and play a constitutive role in determining the entities integral to those practices. From this perspective, a Wittgensteinian framework explains art as locally overlapping practices, each with their own constitutive norms and values for the works integral to them. What makes something art has normative force specific to a practice. This recognizes the historically contingent nature of art practices in a way that relational definitions or disjunctive ‘cluster’ explanations do not. (shrink)

This capstone project aimed to develop an offline computer-based assessment (CBA) tool that uses a computer instead of a traditional paper test in evaluating student learning. This addresses the difficulties faced by teachers in administering quarterly assessments. Incorporating technology into student assessment can increase student interest because of the immediate feedback generated automatically and can help teachers improve their work performance. This capstone project employed a developmental approach and utilized a modified ADDIE (Analysis, Design, and Development) model to design the (...) tool using Microsoft PowerPoint and Excel. Ten experts in mathematics, ICT, and assessment validated the face and content validity of the developed CBA tool. Based on the panel’s evaluation, the developed offline CBA tool in Statistics and Probability has passed all the assigned criteria, such as functionality, usability, efficiency, technicality, and accessibility. Overall, the developed CBA tool is suitable for use to address assessment-related issues. (shrink)

Este proyecto responde a un momento histórico de gran importancia, que por supuesto no pudo ser más oportuno. Colombia celebra en el año 2006 los quince años de la promulgación de su Constitución Política, y los cambios de trascendentales surgidos a partir de su aplicación has sido prolíficos, Particularmente, el tema ambiental ha sobresalido dentro de las grandes transformaciones del país, y por ello no en vano hoy se afirma que tenemos una verdades Constitución ecológica. De igual forma, la Facultad (...) de Jurisprudencia de la Universidad del Rosario conmemora los die años de la creación de la especialización en Derecho Ambiental, y tal coincidencia histórica fue una motivación adicional para proponer la realización de un análisis de la evolución normativa surtida para proponer la realización de un análisis de la evolución normativa surtida en este decenio, una evaluación de la gestión ambiental colombiana y de sus distintos impactos en una sociedad que cuenta hoy en día con herramientas constitucionales legales para la defensa de sus derechos e interese colectivos. La Universidad del Rosario ha sido parte de esta evolución, desarrollando un rol activo con el cual se han abierto espacios de discusión y de proposición de alternativas, herramientas y experiencias en pro de la protección integral de la diversidad étnica, cultural y natural de la Nación colombiana. Así, se ha constituido como facilitadora del proceso de la formación de los nuevos actores y ha tenido gran posicionamiento en procesos de participación y de estructuración de proyectos institucionales ambientales. (shrink)

In der heutigen Welt der Informations- und Kommunikationstechnologie hat sich die Generation Z, die Digital Natives, wiedergefunden. Im Jahr 2021 nutzten 95% der jungen Menschen in der EU täglich das Internet (Eurostat, 2022). Um in der überwältigenden Menge an Informationen navigieren zu können, müssen Jugendliche Medienkompetenz beweisen. Der Fortschritt der Medien und Technologien erfordert eine zunehmende Anzahl an digitalen Fähigkeiten, wobei die Medienkompetenz in den letzten Jahren viele Formen und Gestalten gekannt hat. In diesem Zusammenhang befasst sich die vorliegende Literaturübersicht (...) mit dem Übergang von der Medienkompetenz der 90er Jahre (Aufderheide, 1993) zur neuen, digitalen Medienkompetenz. Unsere primären Ergebnisse deuten darauf hin, dass die neue Medienkompetenz ein Grundstein in der fortlaufenden Entwicklung und in der Bildungsphase der Jugendlichen ist. (shrink)

Deep brain stimulation (DBS), a surgical procedure involving the implantation of electrodes in the brain, has rekindled the medical community’s interest in psychosurgery. Whereas many researchers argue DBS is substantially different from psychosurgery, we argue psychiatric DBS—though a much more precise and refined treatment than its predecessors—is nevertheless a form of psychosurgery, which raises both old and new ethical and legal concerns that have not been given proper attention. Learning from the ethical and regulatory failures of older forms of psychosurgery (...) can help shed light on how to address the regulatory gaps that exist currently in DBS research. To show why it is important to address the current regulatory gaps within psychiatric DBS, we draw on the motivations underlying the regulation of earlier forms of psychosurgery in the US. We begin by providing a brief history of psychosurgery and electrical brain stimulation in the US. Against this backdrop, we introduce psychiatric DBS, exploring current research and ongoing clinical trials. We then draw out the ethical and regulatory similarities between earlier forms of psychosurgery and psychiatric DBS. As we will show, the factors that motivated strict regulation of earlier psychosurgical procedures mirror concerns with psychiatric DBS today. We offer three recommendations for psychiatric DBS regulation, which echo earlier motivations for regulating psychosurgery, along with new considerations that reflect the novel technologies used in DBS. (shrink)

Joseph T. O’Connell drew attention to the relative scarcity of academic work on religion in South Asia, and o ered as a plausible explanation for this state of a airs the tension between secular and religio‐political communal interests. This paper explores the potential role of phi‐ losophy as an established academic discipline within this situation, in the context of India. It argues that objective study, including evaluation, of the truth claims of various religious traditions is an important aspect of academic (...) as opposed to confessional engagement with religion, and that philosophy in India is especially well suited to undertake such re ection and to provide corresponding education. Unlike Western countries, philosophy and religion were never clearly separated in India and did not evolve in tension with one another. The history of Indian philosophy therefore includes and is included within the history of its ‘religions’, in a way that makes philosophical examination of the truth claims of Indian religions internal to those religions themselves. By tracing this history, the discipline of philosophy can help to unsettle the idea of religion as a matter of xed dogma. It can also continue the procedure of interpreting and evaluating metaphysical and epistemological theses that has been an intrinsic component of Indian religious thought for most of its history. (shrink)

Cualquier propuesta de alternativa a la democracia representativa, sea para mejorarla, sea para sustituirla por otro tipo de forma política, debería de tomar en cuenta dos tipos de restricciones para que la alternativa en cuestión tenga mayores probabilidades de éxito. Al primer grupo de restricciones los llamaremos factores limitantes de la conducta humana, mientras que al segundo grupo los llamaremos funciones impropias de esa forma política, es decir, las funciones que no debería tener. Tanto los factores limitantes de la conducta (...) humana como las funciones impropias de una forma política son restricciones sobre lo que realmente, es decir, no utópicamente, podríamos hacer para mejorar a la democracia y en general a la gobernabilidad de las sociedades. Esas restricciones, que a continuación señalaré, constituyen los argumentos que me llevan a plantear la siguiente tesis: la democracia representativa puede y debe ser mejorada al reducir su alcance económico, político y social, pero continúa siendo una mejor opción de gobierno que cualquier alternativa, incluyendo la demarquía. (shrink)

Este paper examina en detalle el marco constitucional dispuesto en 1991 para la protección del medio ambiente y la configuración del Estado colombiano frente a los nuevos retos que plantea la protección ambiental. Lo anterior, a partir de dos elementos claves para entender el papel de los mecanismos jurídicos en la defensa de la naturaleza y el ambiente: la participación ambiental y el acceso a la justicia ambiental, ello, con el fin de conocer los instrumentos que reconfiguran el Estado para (...) que la ciudadanía y las organizaciones sociales puedan ejercer una defensa jurídica del medio ambiente, que aporte a la construcción de la justicia ambiental. (shrink)

The "new materialisms' offer an important critique of 'human exceptionalism, however they tend to overstate their case by ignoring those qualities of freedom that remain distinctive to human life. The paper turns to Simone de Beauvoir to make an argument for a more modest human exceptionalism.

This paper offers a critical reconstruction of Thomas Nagel’s principal arguments in metaphysics, epistemology, philosophy of mind, ethics and political philosophy.