The article studies some of the most important political ideas present in the origins of the modern State, especially the notion of political sovereignty, which, borne and developed in the maiestas of the imperial roman law and in the averroistic interpretation of the aristotelian idea of the perfect community, is accepted and developed by Francisco de Vitoria in the De potestate civili. Vitoria characterizes sovereignty with the features of supremacy in the domestic activity (...) of the State and independence with regard to other States. (shrink)

This article analyzes the significance of the concepts “sovereignty” and “popular sovereignty” regarding the construction of modern law. Modern law isdefined in this study as a language of subjective rights (claim, liberty, power and immunity) and therefore has a nomological and authoritative character. The shift from low Middle-age to the beginning of Modernity seems to be the decisive period to understand the construction of modern law, due to the reception of Aristotle’s political writings and Roman law, aside from (...) the rejection of strong or thomist realism. In this sense, three works are analyzed: Marsilio of Padua “DefensorPacis”, William of Ockham “Breviloquium de Principatur Tyrannico” and Jean Bodin “Six Books of the Commonwealth”. The results seem to address that popular sovereignty as a foundation for legal language is in direct opposition to the acceptance of the strong concept of sovereignty, as stated by Bodin. (shrink)

This book describes the philosophical principles underlying the doctrine (the political project) often called “classical liberalism”. By this expression we mean, in this book, the project for society proposed, during the second half of the eighteenth century, by David Hume and Adam Smith in Great Britain, Turgot and Condorcet in France, Thomas Jefferson in the United States and Kant and Humboldt in Germany. The differences between the principles of “classical liberalism” and those of the extreme doctrines of Milton Friedman (...) and Friedrich Hayek (often confused with 'classical liberalism') are clearly explained. -/- This book has been translated into Spanish, Portuguese, Italian, Vietnamese, Rumanian and Turkish. -/- Several scholars have done me the honor of posting a .pdf version of this work (which is no longer available in paper form). Here are three excellent versions that are easily found : -/- "Les fondements philosophiques du libéralisme jugurtha noblogs" (224 pages), "Les fondements philosophiques du libéralisme" (224 pages), in ZLibrary. -/- "Les fondements philosophiques du libéralisme abdelmagidzarrouki" (224 pages), -/- . (shrink)

The Roman imperial Stoics were familiar with exile. This paper argues that the Stoics’ view of being a refugee differed sharply from their view of what is owed to refugees. A Stoic adopts the perspective of a cosmopolitēs, a “citizen of the world,” a rational being everywhere at home in the universe. Virtue can be cultivated and practiced in any locale, so being a refugee is an “indifferent” that poses no obstacle to happiness. Other people are our fellow (...) cosmic citizens, however, regardless of their language, race, ethnicity, customs, or country of origin. Our natural affinity and shared sociability with all people require us to help refugees and embrace them as welcome neighbors. Failure to do so violates our common reason, justice, and the gods’ cosmic law. (shrink)

This is a study of Roman adaptations of Stoic doctrine that seeks to portray a model of the self functioning as a mediator between philosophical and traditional values (1). The author’s aim is ‘to let the Roman Stoics’ self arise out of a comprehensive analysis of their extant philosophical work and to conduct that analysis from the vantage point of the specific question of social embeddedness. Such an approach yields a Stoic self that is constituted by the encounter (...) between challenges and normative expectations’ (2). Overall, this aim is met. The Roman Stoics referred to are Seneca, Musonius Rufus, Epictetus, Marcus Aurelius, and to a lesser extent Hierocles, who ‘all had to come to terms with the sociopolitical challenges of imperial Rome’ (3). The tame thesis advanced is that the doctrine of these Roman Stoics ‘shows a distinctive pattern of emphasizing social responsibility’ (3). This social responsibility includes commitments to the political community, marriage, and parenthood. (shrink)

This is a study of Roman adaptations of Stoic doctrine that seeks to portray a model of the self functioning as a mediator between philosophical and traditional values (1). The author’s aim is ‘to let the Roman Stoics’ self arise out of a comprehensive analysis of their extant philosophical work and to conduct that analysis from the vantage point of the specific question of social embeddedness. Such an approach yields a Stoic self that is constituted by the encounter (...) between challenges and normative expectations’ (2). Overall, this aim is met. The Roman Stoics referred to are Seneca, Musonius Rufus, Epictetus, Marcus Aurelius, and to a lesser extent Hierocles, who ‘all had to come to terms with the sociopolitical challenges of imperial Rome’ (3). The tame thesis advanced is that the doctrine of these Roman Stoics ‘shows a distinctive pattern of emphasizing social responsibility’ (3). This social responsibility includes commitments to the political community, marriage, and parenthood. (shrink)

The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...) dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms. (shrink)

The Roman imperial Stoics were familiar with exile. I argue that the Stoics’ view of being a refugee differed sharply from their view of what is owed to refugees. A Stoic adopts the perspective of a cosmopolitēs, a ‘citizen of the world’, a rational being everywhere at home in the universe. Virtue can be cultivated and practiced in any locale, so being a refugee is an ‘indifferent’ that poses no obstacle to happiness. But other people are our fellow (...) cosmic citizens regardless of their language, race, ethnicity, customs, or country of origin. Our natural affinity and shared sociability with all people require us to help refugees and embrace them as welcome neighbors. Failure to do so violates our common reason, justice, and the gods’ cosmic law. (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

Malem Seña in “¿Puede las malas personas ser buenos jueces?” analyzed the judicial morality. At first time from a historical analysis, the judges were not required to base their judgments, because they were the mirror of legitimacy and morality of their decisions. With the advent of rationalism and modern State, the sentences should be the foundation. The situation that put the judge person in the background. In this situation, the answer to the question posed in the job would be: "Yes, (...) bad people can be good judges", answer hardly accepted by all. Malem Seña, far from giving a definite answer, ends his work with the insinuation that judges should maintain an image of morality, rather than being morally unimpeachable agents. This situation raises questions about different dimensions of analysis that have been shelved, and in particular try to analyze why this importance takes the image of morality. To do this, from the perspective of the concepts of Slavoj Žižek‘s ideology and fantasy, it will attempt to reach some responses or generate argumentative lines about the importance of the image of morality on morality itself. (shrink)

The late Jerry Cohen struggled to reconcile his egalitarian political principles with his personal style of life. His efforts were inconclusive, but instructive. This comment locates the core of Cohen’s discomfort in an abstract principle that connects what we morally ought to be compelled to do and what we have a duty to do anyway. The connection the principle states is more general and much tighter than Cohen and others, e.g. Thomas Nagel, have seen. Our principles of justice always (...) put our personal integrity to the test, unless those principles are designed not to. But to craft principles with an view to avoiding that test is, as Cohen argued, itself to undermine both justice and our integrity. (shrink)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second (...) form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

In the second Meditation, Descartes argues that, because he thinks, he must exist. What are his reasons for accepting the premise of this argument, namely that he thinks? Some commentators suggest that Descartes has a ‘logic’ argument for his premise: It is impossible to be deceived in thinking that one thinks, because being deceived is a species of thinking. In this paper, I argue that this ‘logic’ argument cannot contribute to the first certainty that supposedly stops the Cartesian doubt. Rather, (...) this certainty must be based on another type of access to our own minds, possibly a faculty of introspection. Applying this result to contemporary constitutive theories of self-knowledge (Wright), I show that these cannot be part of what justifies the ascription of particular mental states to a subject. -/- En la segunda de sus "Meditaciones metafísicas", Descartes argumenta que, porque piensa, debe existir. ¿Cuáles son sus razones para aceptar la premisa de este argumento, a saber el que piensa? Algunos comentaristas sugieren que Descartes tiene un argumento 'lógico' para su premisa: No es posible ser engañado en creer que uno piensa, porque el ser engañado también es una especie de pensamiento. En mi ponencia arguyo que este argumento 'lógico' no puede contribuir a la certeza que supuestamente para la duda cartesiana. Más bien, esta certeza debe fundarse en otro tipo de acceso, talvez de forma introspectiva, que tenemos a nuestra propia mente. Aplicando este resultado a teorías contemporáneas constitutivas del autoconocimiento (Wright), muestro que éstas no pueden contribuir a la justificación de la adscripción de estados mentales particulares. (shrink)

This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation has been (...) the state institutions, such as courts and legislatures and ultimately to the state external to the legal structure. With the semiotic model, the structure of signifying concepts (rules, principles, doctrines and other intelligible objects) takes the foundation as a non-signified concept (such as Hans Kelsen’s Grundnorm) external to the signifying relations inside the structure. For the social convention model, the key has been the observation by a jurist of the regularity of a multiplicity of experienced events and the regularity, in turn, is a concept which abstracts from and unifies the multiplicity into a concept. The final approach, the law and…approach, has assumed that the foundation lies in the external and independent disciplinary discourse, thereby reinforcing the observed legal structure as given. -/- The foundation, in each context, has been considered external to the units and analytical reasoning of the legal structure. The foundation, that is, has been considered neither legal nor illegal. The consequence has been that jurists, working within the structure founded by an externality, cannot access justice. The clue to justice, I suggest, is concealed inside the structure itself: namely in the multiplicity of experienced events which the concepts and signifying relations have enclosed and forgotten. The Paper briefly fleshes out the latter sense of access to justice. (shrink)

Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper especially examines (...) his theory of political struggle with the process-oriented view that the dominant social groups invariably become the political elite. The Paper then connects his theory of human nature to his legal doctrines, the role of the judiciary, the nature of the state, and a legal right. (shrink)

Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, pretextual detentions, and (...) other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. -/- The book seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. -/- There are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for such tactics in policing, those times and places should be much more limited than current practices suggest. (shrink)

Childhood looms large in our understanding of human life as it is a phase through which all adults have passed. Childhood is foundational to the development of selfhood, the formation of interests, values and skills and to the lifespan as a whole. Understanding what it is like to be a child, and what differences childhood makes, are essential for any broader understanding of the human condition. The Routledge Handbook of the Philosophy of Childhood and Children is an outstanding reference source (...) to the key topics, problems and debates in this exciting subject and is the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into five parts: ¿ Being a child ¿ Childhood and moral status ¿ Parents and children ¿ Children in society ¿ Children and the state. Questions covered include: What is a child? Is childhood a uniquely valuable state, and if so why? Can we generalize about the goods of childhood? What rights do children have, and are they different from adults¿ rights? What gives people a right to parent? What role, if any, ought biology to play in determining who has the right to parent a particular child? What kind of rights can parents legitimately exercise over their children? What roles do relationships with siblings and friends play in the shaping of childhoods? How should we think about sexuality and disabilility in childhood, and about racialised children? How should society manage the education of children, and what values should inform such practices? What is a good school? How are children¿s lives affected by being taken into social care? The Routledge Handbook of the Philosophy of Childhood and Children is essential reading for students and researchers in philosophy of childhood, political philosophy and ethics as well as those in related disciplines such as education, psychology, sociology, social policy, law, social work, youth work, neuroscience and anthropology. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in (...) which the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

This paper attempts to demonstrate that the logical problematic of signification, has a very dangerous socio-political effect due to the ontological implication that is connected to the signification of terms in logic. It expounds the notion of signification in Formal Logic as exposed by William of Ockham. It thus, employs this notion of signification of terms, to discuss the term “Fulani”, to show the danger potent in distorting the signification of the term “Fulani” as in every conventional and (...) connotative terms. This work claims that as a result of the connection between logic and ontology, conceptualization and perception, names and reality, the distortion of terms, which are the building blocks of propositions in logic could lead to a dangerous cognition and perception of ontological realities. To this end, it posits a critique on the dangerous change in the signification of the term “Fulani”, in the conceptualization and perception of present day Nigeria people, of West Africa. A dangerous change, as this paper claims, if not speedily reconstructed and re-conceptualized, could lead to a disastrous situation in the socio-political reality of the Nigerian State. (shrink)

There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which examines (...) two related questions that are raised when moving from moral to legal duties: First, on what ground does the state have the authority to dictate that one’s needs should be met in the way specified by a particular legal duty? Second, does a special relationship exist that legitimizes the establishment of such legal duties? (shrink)

Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to Conklin, is (...) the relationship between legal authority and an author. Antigone’s divine law opposes Creon’s human law in terms of whether the sense of legal authority presupposes an author. Antigone’s tribe recognises divine laws as nested in an impersonal Fate or Moira common to the Helenes as experienced through rituals and other personal experiences. Such an unwritten law lacks an author “whose origin we know not when”. The city-state’s citizens recognize authority in terms of whether a law has a source in a juridical representer of an invisible author. The invisible author is the city-state external to the representers. The representers interpret human laws in a manner which tries to access the invisible author. What becomes important is that philosophical consciousness observes how the characteristics of the two senses of legal authority clash. (shrink)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

The movement of people from one country to another in search of greener pasture, peaceful settlement and so on, has become very rampant in the world today. These same reasons have triggered internal migrations as well. Lives have been lost in the bid to circumvent immigration laws of countries by immigrants. The current spate of wars, political crises, natural disasters and hunger has led to increase in illegal migration in the world. Nigeria is not left out. We hear of (...) boundary clashes and insurgencies, which have resulted in illegal emigration to other countries basically in search of job opportunities and better living conditions. Nigerians have severally been repatriated from foreign lands. Recently, over five thousand Nigerians were repatriated from Libya. Nigeria has also played host to migrants from neighbouring countries, and has experienced internal migration in several parts of the country. The frequently asked questions are: “what role can religion play in curbing the spate of illegal migration and refugee crises in Cross River State, Nigeria? The research discovered that religion can be a veritable partner to government in resolving this ever-increasing menace that has become an embarrassment to the state and nation. This work adopted qualitative or explorative research method. It employed the content analysis approach in examining available printed materials on the subject matter. In view of its peculiarity, oral interviews were conducted on specific groups and individuals. This work proposes the involvement of religious organisations in preaching and teaching on the dangers of illegal migration, the provision of vocational training for our teaming youth population to reduce emigration, and the provision of counselling and resettlement programmes for the repatriated and those in refugee camps across the country. The work also encourages the government to evolve modalities to curb the spate of violence and bloodshed that has fuelled refugee crises in Cross River State and Nigeria in general. (shrink)

Transdisciplinary research knits together knowledge from diverse epistemic communities in addressing social-environmental challenges, such as biodiversity loss, climate crises, food insecurity, and public health. This paper reflects on the roles of philosophy of science in transdisciplinary research while focusing on Indigenous and other subaltern forms of knowledge. We offer a critical assessment of demarcationist approaches in philosophy of science and outline a constructive alternative of transdisciplinary philosophy of science. While a demarcationist focus obscures the complex relations between epistemic communities, transdisciplinary (...) philosophy of science provides resources for meeting epistemic and political challenges of collaborative knowledge production. (shrink)

In this essay I focus on the form of government defended by Marsilius of Padua in the first Discourse of Defensor pacis (1324). The interpretation of his overall account depends heavily on our understanding of the “major and valentior part” of the citizenry upon which all legislative and elective powers are bestowed. I argue that there is sufficient textual evidence to believe that the above term refers not to some small elite group but to the totality of citizens or (...) the overwhelming majority of them. I also argue that his imaginary polity meets all the necessary conditions that any political regime should meet in order for it to be characterised as an essentially democratic one. Thus, Marsilius deserves a more prominent position in the history of democratic ideas. (shrink)

It is a matter of fact that Europe is facing more and more crucial challenges regarding health and social care due to the demographic change and the current economic context. The recent COVID-19 pandemic has stressed this situation even further, thus highlighting the need for taking action. Active and Assisted Living technologies come as a viable approach to help facing these challenges, thanks to the high potential they have in enabling remote care and support. Broadly speaking, AAL can be referred (...) to as the use of innovative and advanced Information and Communication Technologies to create supportive, inclusive and empowering applications and environments that enable older, impaired or frail people to live independently and stay active longer in society. AAL capitalizes on the growing pervasiveness and effectiveness of sensing and computing facilities to supply the persons in need with smart assistance, by responding to their necessities of autonomy, independence, comfort, security and safety. The application scenarios addressed by AAL are complex, due to the inherent heterogeneity of the end-user population, their living arrangements, and their physical conditions or impairment. Despite aiming at diverse goals, AAL systems should share some common characteristics. They are designed to provide support in daily life in an invisible, unobtrusive and user-friendly manner. Moreover, they are conceived to be intelligent, to be able to learn and adapt to the requirements and requests of the assisted people, and to synchronise with their specific needs. Nevertheless, to ensure the uptake of AAL in society, potential users must be willing to use AAL applications and to integrate them in their daily environments and lives. In this respect, video- and audio-based AAL applications have several advantages, in terms of unobtrusiveness and information richness. Indeed, cameras and microphones are far less obtrusive with respect to the hindrance other wearable sensors may cause to one’s activities. In addition, a single camera placed in a room can record most of the activities performed in the room, thus replacing many other non-visual sensors. Currently, video-based applications are effective in recognising and monitoring the activities, the movements, and the overall conditions of the assisted individuals as well as to assess their vital parameters. Similarly, audio sensors have the potential to become one of the most important modalities for interaction with AAL systems, as they can have a large range of sensing, do not require physical presence at a particular location and are physically intangible. Moreover, relevant information about individuals’ activities and health status can derive from processing audio signals. Nevertheless, as the other side of the coin, cameras and microphones are often perceived as the most intrusive technologies from the viewpoint of the privacy of the monitored individuals. This is due to the richness of the information these technologies convey and the intimate setting where they may be deployed. Solutions able to ensure privacy preservation by context and by design, as well as to ensure high legal and ethical standards are in high demand. After the review of the current state of play and the discussion in GoodBrother, we may claim that the first solutions in this direction are starting to appear in the literature. A multidisciplinary debate among experts and stakeholders is paving the way towards AAL ensuring ergonomics, usability, acceptance and privacy preservation. The DIANA, PAAL, and VisuAAL projects are examples of this fresh approach. This report provides the reader with a review of the most recent advances in audio- and video-based monitoring technologies for AAL. It has been drafted as a collective effort of WG3 to supply an introduction to AAL, its evolution over time and its main functional and technological underpinnings. In this respect, the report contributes to the field with the outline of a new generation of ethical-aware AAL technologies and a proposal for a novel comprehensive taxonomy of AAL systems and applications. Moreover, the report allows non-technical readers to gather an overview of the main components of an AAL system and how these function and interact with the end-users. The report illustrates the state of the art of the most successful AAL applications and functions based on audio and video data, namely lifelogging and self-monitoring, remote monitoring of vital signs, emotional state recognition, food intake monitoring, activity and behaviour recognition, activity and personal assistance, gesture recognition, fall detection and prevention, mobility assessment and frailty recognition, and cognitive and motor rehabilitation. For these application scenarios, the report illustrates the state of play in terms of scientific advances, available products and research project. The open challenges are also highlighted. The report ends with an overview of the challenges, the hindrances and the opportunities posed by the uptake in real world settings of AAL technologies. In this respect, the report illustrates the current procedural and technological approaches to cope with acceptability, usability and trust in the AAL technology, by surveying strategies and approaches to co-design, to privacy preservation in video and audio data, to transparency and explainability in data processing, and to data transmission and communication. User acceptance and ethical considerations are also debated. Finally, the potentials coming from the silver economy are overviewed. (shrink)

Francisco Suarez was a Spanish Jesuit scholastic who wrote extensively on theology, metaphysics, law, and politics at the turn of the 17th century. Highly regarded, he has remained influential until the present. This paper will focus on his theories of popular sovereignty and resistance that were so implicitly influential during the early modern period and into the Enlightenment. The clear evolution from the political thinking of Plato through the Aristotelian-Thomistic school is shown to evolve into Suarez’s as a (...) result of two factors: the universalization of natural law, and the greater emphasis placed on the individual as an independent subject. These two factors combined to subrogate the concession of authority to the people, now considered sovereign as a political body. This understanding enabled to Suarez develop a coherent resistance theory, showing in an objective non-sectarian way that political stability and legitimacy could be maintained if the deposition of a tyrannical monarch proved necessary. (shrink)

Deferential Monadic Panpsychism is a view that accepts that physical science is capable of discovering the basic structure of reality. However, it denies that reality is fully and exhaustively de- scribed purely in terms of physical science. Consciousness is missing from the physical description and cannot be reduced to it. DMP explores the idea that the physically fundamental features of the world possess some intrinsic mental aspect. It thereby faces a se- vere problem of understanding how more complex mental states (...) emerge from the mental features of the fundamental features. Here I explore the idea that a new form of aggregative emergence, which I call 'combinatorial infusion', could shed light on this problem and bolster the prospects for this form of panpsychism. (shrink)

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia’. First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, or (...) feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome by using a ‘bridge’ of neurons; and we offer a hypothesis about the relation between qualia and one's sense of self. (shrink)

Abstract: The article aims to sharpen the neo-republican contribution to international political thought by challenging Pettit’s view that only representative states may raise a valid claim to non-domination in their external relations. The argument proceeds in two steps: First I show that, conceptually speaking, the domination of states, whether representative or not, implies dominating the collective people at least in its fundamental, constitutive power. Secondly, the domination of states – and thus of their peoples – cannot be justified normatively (...) in the name of promoting individual non-domination because such a compensatory rationale misconceives the notion of domination in terms of a discrete exercise of power instead of as an ongoing power relation. This speaks in favour of a more inclusive law of peoples than Pettit (just as his liberal counterpart Rawls) envisages: In order to accommodate the claim of collective peoples to non-domination it has to recognize every state as a member of the international order. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...) itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...) the heart of culpability. For instance, planning to kill someone is strong evidence of what the law calls men rea—a guilty mind. Claims about norms, or ethical “should” claims, express two-level propositions, directed at the behaving person at one level, and at that person’s mind and cognitive control network at another level. Thus, “People should stop themselves from hurting others,” is a claim about how people should behave and also a claim about how their cognitive control networks should behave—i.e., they should inhibit harmful behavior, or the intentions leading up to it. Planning is both an ability of the full person, and of that person’s mind. Neuroscience affirms the common notion, seen both in law and folk psychology, that what makes us guilty or culpable are certain events and states that exist in our minds. Overt behavior, including speech, is fallible evidence of these states and processes. Cases of negligence still involve the executive processes, but “negatively,” in that negligence results when certain types of executive activity fail to take place. (shrink)

El trabajo consiste en una elucidación de los elementos que conforman el concepto de pena natural (poena naturalis) en el Derecho penal. Se puede caracterizar la pena natural como el daño o sufrimiento que recae sobre el autor de un delito, producto de la comisión del mismo, que debe ser descontado de la pena legal que ha de aplicársele. Si bien existe un mínimo acuerdo sobre esto, tanto en la jurisprudencia como en la doctrina penal se observan serios desacuerdos acerca (...) de los requisitos que se deben cumplir para reconocer que se está frente a una pena natural. Para elucidar los elementos, se utilizará el constructivismo conceptual de Ronald Dworkin, a fin de describir el desacuerdo y sus implicancias, reconocer los elementos principales de la pena natural y justificarlos bajo su mejor luz moral. ABSTRACT This study focuses on the clarification of the conceptual elements of poena naturalis in criminal law settings. The poena naturalis is the damage or suffering that falls on the convict for its commission. This damage must be deducted from the poena forensis to be applied. Although there is a minimum agreement about the concept of poena naturalis, in the jurisprudence and among legal scholars, there are serious disagreements about the elements of poena naturalis. To elucidate the elements, I will adopt Ronald Dworkin’s conceptual constructivism to describe the disagreement and its implications. At last, I will justify the main elements of the poena naturalis by their best moral light. (shrink)

H´ector-Neri Casta˜neda-Calder´on (December 13, 1924–September 7, 1991) was born in San Vicente Zacapa, Guatemala. He attended the Normal School for Boys in Guatemala City, later called the Military Normal School for Boys, from which he was expelled for refusing to fight a bully; the dramatic story, worthy of being filmed, is told in the “De Re” section of his autobiography, “Self-Profile” (1986). He then attended a normal school in Costa Rica, followed by studies in philosophy at the University of San (...) Carlos, Guatemala. He won a scholarship to the University of Minnesota, where he received his B.A. (1950), M.A. (1952), and Ph.D. (1954), all in philosophy. His dissertation, “The Logical Structure of Moral Reasoning”, was written under the direction of Wilfrid Sellars. He returned to teach in Guatemala, and then received a scholarship to study at Oxford University (1955–1956), after which he took a sabbatical-replacement position in philosophy at Duke University (1956). His first full-time academic appointment was at Wayne State University (1957– 1969), where he founded the philosophy journal Noˆus (1967, a counter-offer made to him by Wayne State to encourage him to stay there rather than to take the chairmanship of philosophy at the University of Pennsylvania). In 1969, he moved (along with several of his Wayne colleagues) to Indiana University, where he eventually became the Mahlon Powell Professor of Philosophy and, later, its first Dean of Latino Affairs (1978–1981). He remained at Indiana until his death. He was also a visiting professor of philosophy at the University of Texas at Austin (1962–1963) and a fellow at the Center for Advanced Study in the Behavioral Sciences (1981–1982). He received grants and fellowships from the Guggenheim Foundation (1967–1968), the T. Andrew Mellon Foundation, the National Endowment for the Humanities, and the National Science Foundation. He was elected President of the American Philosophical Association Central Division (1979– 1980), named to the American Academy of Arts and Sciences (1990), and received the Presidential Medal of Honor from the Government of Guatemala (1991). Casta˜neda’s philosophical interests spanned virtually the entire spectrum of philosophy, and his theories form a highly interconnected whole.. (shrink)

The figure of Francisco de Vitoria, founder of the so-called School of Salamanca and one of the most important professors of the University of Salamanca in the 16th century, has been considered on different occasions as an admirable model of a university professor. On one side, this article describes the scientific commitment of the School of Salamanca as a sign of an important dimension of university life: research. On the other side, the main features of Vitoria as (...) a teacher will be exposed. His teaching abilities will be taken into account, but also his capacity to involve other colleagues in a joint search for truth will be described. Finally, the renewing character of Vitoria’s Thomism in the framework of philosophy as a great ally of scientific dialogue will be considered. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Why is space 3-dimensional? The fi rst answer to this question, entirely based on Physics, was given by Ehrenfest, in 1917, who showed that the stability requirement for n-dimensional two-body planetary system very strongly constrains space dimensionality, favouring 3-d. This kind of approach will be generically called "stability postulate" throughout this paper and was shown by Tangherlini, in 1963, to be still valid in the framework of general relativity as well as for quantum mechanical hydrogen atom, giving the same constraint (...) for space{dimensionality. In the present work, before criticizing this methodology, a brief discussion has been introduced, aimed at stressing and clarifying some general physical aspects of the problem of how to determine the number of space dimensions. Then, the epistemological consequences of Ehrenfest's methodology are critically reviewed. An alternative procedure to get at the proper number of dimensions, in which the stability postulate - and the implicit singularities in three-dimensional physics - are not an essential part of the argument, is proposed. In this way, the main epistemological problems contained in Ehrenfest's original idea are avoided. The alternative methodology proposed in this paper is realized by obtaining and discussing the n-dimensional quantum theory as expressed in Planck's law, de Broglie relation and the Heisenberg uncertainty relation. As a consequence, it is possible to propose an experiment, based on thermal neutron di raction by crystals, to directly measure space dimensionality. Finally the distinguished role of Maxwell's electromagnetic theory in the determination of space dimensionality is stressed. (shrink)

Despite being a women's problem for a long time, catcalling has recently attracted lawmakers' attention. In 2019, the Philippine government enacted Republic Act 11313, or the Safe Spaces Act, which prohibits and punishes gender-based sexual harassment. However, despite the existence of the law, catcalling continues to be rampant. This study aims to explore the experiences of women in Quezon City who have been subjected to catcalling and to provide answers regarding the effects of catcalling on the victims, the locations where (...) catcalling is most prevalent, the most common perpetrators, and the victim's views on the Safe Spaces Act. This research uses a qualitative descriptive approach. Purposive sampling was used to select respondents, and respondents were interviewed using an interview guide to gather information. The findings indicate that women are most vulnerable to catcalling in public spaces, and the perpetrators are strangers or bystanders. Victims went through mental, emotional, and behavioral changes after the incident. Moreover, not all victims think that the law effectively addresses the problem because catcalling is still prevalent, and public awareness campaigns are lacking. (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...) a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

Our purpose is to describe the application of legitimate defense in so-called non-confrontational situations. To do this, we will conceptualize gender violence as that which against women, due to their condition as such, and we will describe the absence by the courts in the identification of this problem. Second, we will analyze the reception of Argentine and international legislation on the treatment of gender violence and the recommendations and criteria to take into account when interpreting and applying criminal law. Finally, (...) we will present the treatment of legitimate defense in contexts of gender violence, analyzing each of its elements. Our conclusions will focus on the need to address situations of gender violence based on international regulations for the application of legitimate defense in non-confrontational situations. (shrink)

This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is not possible without (...) the boundary. Derrida’s most insightful essay in this regard is his study of Franz Kafka’s untitled parable in The Trial. The parable represents a man who waits for an invitation to enter the Law until he nears his end. Derrida responds to the parable in his essay, “Before the Law.” This article uses the parable and Derrida’s response to it as a starting-off point for a reconsideration of the boundary of legal knowledge. In this context, Derrida asks this question: “why is Kafka’s parable categorized as Literature or Law?” Such an issue depends upon the boundary of a discipline, according to Derrida. And that focus, in turn, asks whether the boundary pre-exists any text which is represented as “Literature” or “Law” or “Philosophy.” This article claims, however, that Derrida’s theory presupposes that law, as a discipline, encloses a territorial-like space in legal consciousness. Each discipline possesses such a space. So too does the state and the university. Inside this bounded space, officials of the Law are free to consciously deliberate, reflect, and render decisions about the context of the Law. Analytically and phenomenologically before the boundary is taken for granted in an academic discipline, however, there is an unbounded non-law. The aporia of Derrida’s theory of the boundary of the Law is that the official or expert knower of the official language inside the boundary cannot assume the imagined boundary of legal knowledge without implicitly claiming to know the exteriority to the boundary. And yet, officials and expert knowers cannot know such an exterior extra-legality because, by virtue of the boundary as encircling a territorial-like space, knowledge is considered legal only when it exists inside the boundary. “The Law” is the consequence of the imagination of the expert knowers of the language as well as of the non-expert who believes in the bounded territorial-like space. (shrink)

The emerging neuroscience of psychopathy will have several important implications for our attempts to construct an ethical society. In this article we begin by describing the list of criteria by which psychopaths are diagnosed. We then review four competing neuropsychological theories of psychopathic cognition. The first of these models, Newman’s attentional model, locates the problem in a special type of attentional narrowing that psychopaths have shown in experiments. The second and third, Blair’s amygdala model and Kiehl’s paralimbic model represent the (...) psychopath’s problem as primarily emotional, including reduced tendency to experience fear in normally fearful situations, and a failure to attach the proper significance to the emotions of others. The fourth model locates the problem at a higher level: a failure of psychopaths to notice and correct for their attentional or emotional problems using “executive processes.” In normal humans, decisions are accomplished via these executive processes, which are responsible for planning actions, or inhibiting unwise actions, as well as allowing emotions to influence cognition in the proper way. We review the current state of knowledge of the executive capacities of psychopaths. We then evaluate psychopaths in light of the three major philosophical theories of ethics, utilitarianism, deontological theory, and virtue ethics. Finally, we turn to the difficulty psychopath offenders pose to criminal law, because of the way psychopathy interacts with the various justifications and functions of punishment. We conclude with a brief consideration of the effects of psychopaths on contemporary social structures. (shrink)

Pandeism is the belief that God chose to wholly become our Universe, imposing principles at this Becoming that have fostered the lawful evolution of multifarious structures, including life and consciousness. This article describes and defends a particular form of pandeism: living God pandeism (LGP). On LGP, our Universe inherits all of God's unsurpassable attributes—reality, unity, consciousness, knowledge, intelligence, and effectiveness—and includes as much reality, conscious and unconscious, as is possible consistent with retaining those attributes. God and the Universe, together “God-and-Universe,” (...) is also eternal into the future and the past. The article derives testable hypotheses from these claims and shows that the evidence to date confirms some of these while falsifying none. Theism cannot be tested in the same way. (shrink)

Objectivo principal do presente artigo é mostrar até que ponto o evolucionismo darwinista inclui proposições centrais testáveis, para além de várias proposições acessórias também elas testáveis. Nesse sentido, o autor constrói um argumento no sentido de mostrar que as alegações de Karl Popper, segundo as quais não pode ser concedido estatuto de cientificidade ao darwinismo, carecem de fundamento. O autor defende também a necessidade de um questionamento firme em relação a todo e qualquer argumento fornecido pela ciência, pois nem a (...) capacidade de previsão nem a universalidade das leis são garantia de que a ciência, também ela, nunca caia em erro. /// Aim of the present article is to show that the doctrine of evolution defended by Charles Darwin is grounded on propositions that are verifiable, as are verifiable many of its secondary propositions. The author builds up an argument that goes in the direction of showing how the allegations by Karl Popper against the scientific nature of Darwinism are not grounded in reality. The author of the article also defends the necessity of a firm questioning in relation to each and every argument advanced by the practitioners of science, since nor its anticipatory capacity nor the universality of its laws are warrant enough that the science never falls into error. (shrink)

In the present paper we analyze the approach that sustains that history´s study is useful for the political activities improvement. Nowadays it is considered that the historian must not elaborate his works thinking to achieve an influence on the politics. Nevertheless, during the XIX century and previously, has been a different approach. Our reflection focus on two conspicuous works of the nineteenth century about the historical discipline: Historik by Johann G. Droysen and On the use and abuse of history (...) for life by Friedrich Nietzsche. This article dives on the moral role given to the study of history, as well as dives on the causes, postulated by both thinkers, that explain why history leads to a personal overcoming. Overcoming that subsequently rebound on the political issue. (shrink)

This paper defends David Hume's "Of Miracles" from John Earman's (2000) Bayesian attack by showing that Earman misrepresents Hume's argument against believing in miracles and misunderstands Hume's epistemology of probable belief. It argues, moreover, that Hume's account of evidence is fundamentally non-mathematical and thus cannot be properly represented in a Bayesian framework. Hume's account of probability is show to be consistent with a long and laudable tradition of evidential reasoning going back to ancient Roman law.

Placed between constituting and constituted power, homo sacer reveals the state of exception, which through sovereign ban, is kept both inside and outside the law. Agamben’s latest political and legal philosophy is based upon this concept. As the victim of sovereignty, homo sacer unfolds the paradox of sovereign power, criticiz- ing its fundaments and showing the emptiness of law. However, for potentiality which is at the centre of Agamben’s argument, we need to look not only outside sovereignty and sovereign (...) power, but also outside homo sacer. This ar- ticle aims to examine such space, arguing that through absolute potentiality, the fulfilment of law is possible with the content to be focused on reaching conditions of justice and happy life. (shrink)

This chapter shows that mindmelding is metaphysically possible, i.e., that it does not violate any laws governing the metaphysical nature of reality. Metaphysical issues are fundamental and lie at the core of the most difficult parts of the problems of privacy and the mind-body problem itself. There is nothing stopping us from placing the idea of mindmelding on clear, unproblematic, and plausible metaphysical foundations. It is argued that the position of privacy is the one on shaky metaphysical grounds. Two metaphysical (...) theses are examined: the thesis of privacy, and the idea that all conscious states must have a subject, which is called ‘inseparability’ because it posits that the subject is inseparable from the conscious state. (shrink)

The prestigious French publisher Presses Universitaires de France has recently brought out (November 1995) a new French edition of Elie Halévy's well known book "The Growth of Philosophical Radicalism", first published in France in three volumes as "La formation du radicalisme philosophique" (1901-1904) and translated into English in 1926. The prevailing opinion on this book is that it gives an excellent account of English utilitarianism. Thus, in the International Encyclopedia of Social Sciences, Talcott Parsons speaks of it as the ‘virtually (...) definitive analysis of utilitarianism’. More recently Donald Winch, in his introduction to the Penguin edition of John Stuart Mill's Principles of Political Economy, describes Halévy's book as: ‘Still the best study of the ideas and activities of the school taken as a whole’. In this short essay I express a very different opinion. I show that Halévy, who qualifies utilitarianism (with obvious disgust) as ‘a plebeian or rather bourgeois morality’, as ‘much too simple’, completely misunderstood the writings of the English and Scottish utilitarian philosophers. (shrink)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)