El artículo se propone como un aporte a la discusión sobre las búsquedas de referentes teóricos para afrontar de manera efectiva la diferencia cultural, es decir, como una posibilidad de comprensión-acción respetuosa en ámbitos de diversidad como lo son los países latinoamericanos. Como primera medida, se analiza un caso específico de diversidad jurídica, a saber, el juicio indígena a nativos acusados de un delito grave en noviembre de 2014 en el departamento del Cauca, Colombia. En segundo término, se retoma sucintamente (...) la discusión constitucional colombiana en torno a la jurisdicción indígena, desde los referentes del multiculturalismo y la interculturalidad. Por último, se propone el concepto de “pluralismo histórico” como posibilidad dinamizadora de la discusión. (shrink)

One 1120 pages volume, with 4000 entries covering - Western philosophy: authors, schools, concepts and terminology; - religions, cultural anthropology, eastern philosophies; - Psychology and psychoanalysis; - linguistics and semiotics; - sociology and political theory.

This indispensible collection brings together feminist theory and cultural studies, looking at issues such as pop culture and the media, science and technology, ...

It is shown that stochastic observables defined by an instrument need not, and generally do not, commute.

A predominant ethical view holds that physician‐investigators should conduct their research with therapeutic intent. And since a physician offering a therapy wouldn't prescribe second‐rate treatments, the experimental intervention and the best proven therapy should appear equally effective. "Clinical equipoise" is necessary. But this perspective is flawed. The ethics of research and of therapy are fundamentally different, and clinical equipoise should be abandoned.

In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes (...) in the second half of the twentieth century prompted calls for a new, or at least expanded, definition of death: the development of intensive care medicine, especially the use of mechanical ventilators, and the advent of successful transplantation of vital organs. Patients with profound neurological damage, leaving them incapable of breathing on their own and in an irreversible coma, could be maintained for some period of time with the aid of mechanical ventilation. The situation of these patients posed two ethical questions. Is it appropriate to stop life-sustaining treatment? If so, is it acceptable to retrieve vital organs for transplantation to save the lives of others before stopping treatment?In 1968, the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death proposed that death could be determined on the basis of neurological criteria, thus providing a positive answer to these two questions (Ad Hoc Committee 1968). According to the position of this committee, patients diagnosed with the cessation of brain function are dead, despite the fact that they breathe and circulate blood with the aid of mechanical ventilation. [End Page 185] Because they are dead, it is appropriate, indeed imperative, to stop mechanical ventilation. And because they are dead, it becomes ethical to procure vital organs for transplantation before stopping what otherwise would be life-sustaining treatment. Remarkably, this innovative neurological determination of death became, with little debate or controversy, the established position in medical ethics and the law throughout the United States.The Harvard Committee articulated the diagnosis of “irreversible coma,” but merely asserted that this condition constituted death. No explanatory rationale was provided. It fell to the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research to provide an authoritative rationale in its 1981 report, Defining Death. The second paragraph of the report set the stage as follows: “The question addressed here is not inherently difficult or complicated. Simply, it is whether the law ought to recognize new means for establishing that the death of a human being has occurred” (President’s Commission 1981, p. 3). The Commission claimed that “death is a unitary phenomenon” (p. 7) and that the determination of death by neurological criteria, in terms of the absence of all brain function, is consistent with the traditional conception of death as the cessation of vital functioning of the organism as a whole. The key issue is the integrative functioning of the human organism, which ceases to exist, according to the Commission, when the whole brain, including higher cortical areas and the brain stem, fails to function. Although “brain-dead” patients do not appear to be dead—i.e., the reality of their death is “masked” by the activity of mechanical ventilation—the patient’s body has irreversibly lost all capacity for integrative functioning. In the words of the Commission: “When artificial means of support mask this loss of integration as measured by the old methods [cessation of respiration and heart beat], brain-oriented criteria and tests provide a new window on the same phenomenon” (p. 33). The President’s Commission was instrumental in developing and establishing “The Uniform Definition of Death Act”: “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead” (p. 2).Although the question posed by the President’s Commission was easy to articulate, the answer, over time, has proved complicated and controversial. The coherence and cogency of determining death by neurological criteria has been challenged. Various experts have demonstrated that “brain-dead” patients maintained on mechanical ventilation display a range of vital, integrative, functioning, which conflicts with the judgment that they are dead (Truog and... (shrink)

Recent discussions of emergence in physics have focussed on the use of limiting relations, and often particularly on singular or asymptotic limits. We discuss a putative example of emergence that does not fit into this narrative: the case of phonons. These quasi-particles have some claim to be emergent, not least because the way in which they relate to the underlying crystal is almost precisely analogous to the way in which quantum particles relate to the underlying quantum field theory. But there (...) is no need to take a limit when moving from a crystal lattice based description to the phonon description. Not only does this demonstrate that we can have emergence without limits, but also provides a way of understanding cases that do involve limits. (shrink)

Prevailing ethical thinking about informed consent to clinical research is characterized by theoretical confidence and practical disquiet. On the one hand, bioethicists are confident that informed consent is a fundamental norm. And, for the most part, they are confident that what makes consent to research valid is that it constitutes an autonomous authorization by the research participant. On the other hand, bioethicists are uneasy about the quality of consent in practice. One major source of this disquiet is substantial evidence of (...) the “therapeutic misconception”—the tendency of patient-subjects in clinical trials to confuse participating in research with receiving personalized medical care. This .. (shrink)

That bad things happen to good people was as true in early China as it is today. Franklin Perkins uses this observation as the thread by which to trace the effort by Chinese thinkers of the Warring States Period, a time of great conflict and division, to seek reconciliation between humankind and the world. Perkins provides rich new readings of classical Chinese texts and reflects on their significance for Western philosophical discourse.

Review of James Franklin, The Science of Conjecture: Evidence and Probability Before Pascal (Johns Hopkins University Press, 2001).

El murciano Ibn ‘Arabí es, sin duda, uno de los autores, pensadores, visionarios y contemplativos de mayor altura —y, probablemente, de más proyección universal— que ha alumbrado este país, por más que su ingente e importante obra haya sido prácticamente ignorada. Este trabajo es una invitación a navegar por el «océano sin orillas» que constituye la vida y obra del más grande de los maestros, procurando que sea su propia voz la que vaya relatando algunos de los hitos externos e (...) internos de su vida y describiendo los rasgos más importantes de su pensamiento. (shrink)

Many philosophers have been attracted to the idea of using the logical form of a true sentence as a guide to the metaphysical grounds of the fact stated by that sentence. This paper looks at a particular instance of that idea: the widely accepted principle that disjunctions are grounded in their true disjuncts. I will argue that an unrestricted version of this principle has several problematic consequences and that it’s not obvious how the principle might be restricted in order to (...) avoid them. My suggestion is that, instead of trying to restrict the principle, we should distinguish between metaphysical and conceptual grounds and take the principle to apply exclusively to the latter. This suggestion, if correct, carries over to other prominent attempts at using logical form as a guide to ground. (shrink)

The use of brain imaging technology as a common tool of research has spawned concern and debate over how investigators should respond to incidental fndings discovered in the course of research. In this article, we argue that investigators have an obligation to respond to incidental fndings in view of their entering into a professional relationship with research participants in which they are granted privileged access to private information with potential relevance to participants' health. We discuss the scope and limits of (...) this professional obligation to respond to incidental fndings, bearing in mind that the relationship between investigators and research participants differs fundamentally from the doctor-patient relationship. (shrink)

This paper defends the view that one's own mental states are metaphysically privileged vis-à-vis the mental states of others, even if only subjectively so. This is an instance of a more general view called Subjectivism, according to which reality is only subjectively the way it is. After characterizing Subjectivism in analogy to two relatively familiar views in the metaphysics of modality and time, I compare the Subjectivist View of the Mental with Egocentric Presentism, a version of Subjectivism recently advocated by (...) Caspar Hare. I argue that the Subjectivist View of the Mental goes a considerable way towards solving certain long-standing philosophical puzzles having to do with the unity of consciousness, the contents of self-awareness and the intransmissibility of experiential knowledge through testimony. (shrink)

The distinction between norms and norm-formulations commits legal theorists to treating legal norms as entities. In this article, I first explore the path from meaning to entities built by some analytical philosophers of language. Later, I present a set of problems produced by treating norms as entities. Whatever type of entities we deal with calls for a clear differentiation between the identification and individuation criteria of such entities. In the putative case of abstract entities, the differentiation collapses. By changing the (...) notions of the intension and extension of words by extensional and intensional aspects of what we talk about, I outline a methodological programme for Law and Legal Theory. That programme is based in the identification of normativity. (shrink)

Relativists make room for the possibility of “faultless disagreement” by positing the existence of subjective propositions, i.e. propositions true from some points of view and not others. We discuss whether the adoption of this position with respect to a certain domain of discourse is compatible with a realist attitude towards the matters arising in that domain. At first glance, the combination of relativism and realism leads to an unattractive metaphysical picture on which reality comprises incoherent facts. We will sketch the (...) contours of a realist-relativist position called “subjectivism”, which avoids this result by giving up the assumption that the points of view of different subjects are all metaphysically “on a par”. (shrink)

This paper argues that what is currently the most popular version of temporal Fragmentalism—‘unstructured’ temporal Fragmentalism, as I shall call it—faces a problem of Tensed Belief Explosion. Four possible solutions to this problem are reviewed and shown to be wanting; two more promising ones risk fostering scepticism about the existence of tensed facts—hence, about Fragmentalism itself. The tentative moral is that unstructured versions of Fragmentalism are at best unmotivated and at worst seriously flawed.

In everyday reasoning - just as in science and art - knowledge is acquired more by "doing" than with long analyses. What do we "do" when we discover something new? How can we define and explore the pattern of this reasoning, traditionally called "synthetic"? Following in the steps of classic pragmatists, especially C.S. Pierce, Giovanni Maddalena's Philosophy of Gesture revolutionizes the pattern of synthesis through the ideas of change and continuity and proposes "gesture" as a new tool for synthesis. (...) Defining gesture as an action with a beginning and an end that carries on a meaning, Maddalena explains that it is a dense blending of all kinds of phenomena - feelings and vague ideas, actual actions, habits of actions - and of signs - icons, indexes, and symbols. When the blending of phenomena and signs is densest, the gesture is "complete," and its power of introducing something new in knowledge is at its highest level. Examples of complete gestures are religious liturgies, public and private rites, public and private actions that establish an identity, artistic performances, and hypothesizing experiments. A departure from a traditional Kantian framework for understanding the nature and function of reason, The Philosophy of Gesture proposes an approach that is more attuned with our ordinary way of reasoning and of apprehending new knowledge. (shrink)

Explains Aristotle's views on the possibility of continuous variation between biological species. While the Porphyrean/Linnean classification of species by a tree suggests species are distributed discretely, Aristotle admitted continuous variation between species among lower life forms.

: Bioethicists have failed to understand the pervasively paternalistic character of research ethics. Not only is the overall structure of research review and regulation paternalistic in some sense; even the way informed consent is sought may imply paternalism. Paternalism has limits, however. Getting clear on the paternalism of research ethics may mean some kinds of prohibited research should be reassessed.

Why was Leibniz so fascinated by Chinese philosophy and culture? What specific forms did his interest take? How did his interest compare with the relative indifference of his philosophical contemporaries and near-contemporaries such as Spinoza and Locke? In this highly original book, Franklin Perkins examines Leibniz's voluminous writings on the subject and suggests that his interest was founded in his own philosophy: the nature of his metaphysical and theological views required him to take Chinese thought seriously. Leibniz was unusual (...) in holding enlightened views about the intellectual profitability of cultural exchange, and in a broad-ranging discussion Perkins charts these views, their historical context, and their social and philosophical ramifications. The result is an illuminating philosophical study which also raises wider questions about the perils and rewards of trying to understand and learn from a different culture. (shrink)

Emotions and personhood are important notions within the field of mental health care. How they are related is less evident. This book provides a framework for understanding the important and complex relationship between our emotional wellbeing and our sense of self, drawing on psychopathology, philosophy, and phenomenology.

Structural priming is a powerful method to inform linguistic theories. We argue that this method extends nicely beyond syntax to theories of meaning. Priming, however, should still be seen as only one of the tools available for linguistic data collection. Specifically, because priming can occur at different, potentially conflicting levels, it cannot detect every aspect of linguistic representations.

How can we better understand and treat those suffering from schizophrenia and manic-depressive illnesses? This important new book takes us into the world of those suffering from such disorders. Using self descriptions, its emphasis is not on how mental health professionals view sufferers, but on how the patients themselves experience their disorder. A new volume in the International Perspectives in Philosophy and Psychiatry series, this book will be of great interest to all those working with sufferers from such disorders - (...) helping them to better understand their mental lives, and providing important insights into how best to treat them. (shrink)

God's public image has perennially suffered from the apparent botch He has made of Creation, or our portion of it, at any rate. “What's so good about God”, people ask, “when He permits volcanoes in Lisbon, famines in Ghana, earthquakes in San Francisco?” Why is there always, in fact, whichever way we bite it, a worm in the apple?

There are two intuitions about time. The first is that there's something special about the present that objectively differentiates it from the past and the future. Call this intuition Specialness. The second is that the time at which we happen to live is just one among many other times, all of which are ‘on a par’ when it comes to their forming part of reality. Call this other intuition Egalitarianism. Tradition has it that the so-called ‘A-theories of time’ fare well (...) at addressing the first intuition, but rather badly when it comes to the second. The goal of this article is to offer advice to A-theorists about how to reconcile their view with Egalitarianism. (shrink)

Accepted medical practice already violates the dead donor rule. Explicitly jettisoning the rule—allowing vital organs to be extracted, under certain conditions, from living patients—is a radical change only at the conceptual level. But it would expand the pools of eligible organ donors.