This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperatives and, symmetrically, how that impact is to be considered in the application of law. Differences in ways of categorizing the world could position the cultural pre-understanding required by law, and the (...) pluralism recognized and protected by constitutional principles and human/fundamental rights discourse, at a crossroads. Hence, even when we find an illegitimacy or an ignorance about what legal rules do not explicitly state but instead implicitly presuppose, this does not exclude that behind that ignorance there may be something worthy of legal protection. A question emerges: is it legitimate and reasonable to consider the ignorantia facti resulting from differing ways of categorizing the factual world as automatically and uncritically subject to the principle ignoratia legis non excusat? The essay continues with an assessment of the possible consequences of ignorantia facti in the administration of justice in multicultural societies and migration contexts. For this purpose, the opportunity for an intercultural use of law—including within national law—will be considered as a means of avoiding the discriminatory application of ignorantia facti. This topic will be addressed by leveraging both semiotic and cultural-anthropological analytical tools, including the well-known greimasien “contrat de véridiction”. (shrink)

The many constraints of outer space experience challenge the human ability to coexist. Paradoxically, astronauts assert that on the international space station there are no conflicts or, at least, that they are able to manage their differences, behavioral as well as cognitive, in full respect of human rights and the imperatives of cooperative living. The question is: Why? Why in those difficult, a-terrestrial, and therefore almost unnatural conditions do human beings seem to be able to peacefully and collaboratively live together? (...) What is there beyond terrestrial boundary conditions that allows for such a result? And what can we learn from the astronauts’ experience about the effectiveness of human rights on Earth? My proposal is that the a-terrestrial dimension deeply alters the mind/body indexical framework and, in this way, disentangles the human inclination to semiosis from the cognitive and behavioral habits of categorization and territorialization inherent in the experience on Earth. If analyzed through the spectrum of an interdisciplinary approach involving anthropology, semiology, law, and human geography, I think that outer space enterprises can offer many insights into the cognitive and ethical/political hindrances to the effectiveness of human rights and their intercultural uses. Meanwhile the compulsive greed for a possessive territorialization of outer space and celestial bodies is growing by leaps and bounds. It haunts and imbues both astropolitics and space law. The astronauts’ semio-anthropological experience of human rights and cooperative coexistence seems to have been left in orbit. The future requires awareness and action by anthropologists, semioticians, cognitive scientists, geographers and lawyers, working all together in an interdisciplinary effort to move beyond approaching the experiential with a territorial mindset. The hope is that the “dark dream” of human exploitation/colonization of outer space will not turn from a political and legal speculation into a future reality. (shrink)

This essay, between serious and facetious, addresses an apparently secondary implication of the planetary tragedy produced by Covid-19. It coincides with the ‘problem of the veil,’ a bone of contention in Islam/West relationships. More specifically, it will address the question of why the pandemic has changed the proxemics of public spaces and the grammar of ‘living together.’ For some time—and it is not possible to foresee how much—in many countries people cannot go out, or enter any public places, without wearing (...) a sanitary mask. In short, almost all of us, by obligation or by urgent advice from the public authorities of the various countries, will not live the public sphere with our faces uncovered. The alteration of the social context affecting many Western countries will inevitably involve also the ‘local’ perception of the Islamic veil and—as a matter of equality—the consistency of the prohibition of wearing it. What will thus become of the ban on wearing it in public places established by some countries such as France and asseverated by the ECHR? If everyone can and will have to go around with their faces covered, why should only Islamic women be discriminated against? Will not the change in boundary conditions produced by Covid-19 also induce Western people to re-categorize the meaning of the veil? And will this re-categorization not directly affect the ‘fact’ of wearing the veil, that is, its empirical perception? And still, will this psycho-semantic change not show how empirical perceptions are cultural constructs rather than ‘objective facts,’ as such allegedly independent from the observer’s point of view? Consequentially, will the plurality of perceptions and cultural meanings related to the gesture of covering one’s own face not gain renewed relevance in determining the legitimacy of wearing the veil? The socio-semantic earthquake produced by Covid-19 compels us to rethink this and other issues orbiting around the translation of ‘facts’ into legal language; furthermore, it highlights the instrumentality of many ideological/partisan and ethnocentric assumptions passed off as objectivity regarding those alleged ‘facts.’ The essay will attempt to provide an answer to the above questions by proposing a semiotic-legal approach to intercultural conflicts and, indirectly, the pluralism in law. (shrink)

Recently the CJEU decision in the case of ‘Ewa Glawischnig-Piesczek v. Facebook Ireland Limited’ has raised the issue of the transcultural/trans-territorial signification of hate speech and hate crimes. Taking a cue from this decision and the related semiotic/legal implications, the paper proposes an analysis of the semio/pragmatic conditions for the production of performativity inherent in hate speech across different cultural universes of discourse. Given that web-based digital communication is global—at least, potentially—regardless of any spatial/political compartmentalization, it crosses different semio-cultural circuits. (...) This trans-spatiality implies transcultural crossings that can multiply and even transfigure the semantic implications of the original signifier and the related prognoses of ‘semantic effectiveness.’ Cultural boundaries therefore may function as a kind of ‘horizon of events’ for hate speech and, more inclusively, all linguistic acts and their legal signification/classification. The question then arises regarding whether and to what extent the performativity of hate speech is able to withstand the variation of cultural boundary conditions. Insofar as cultures are universes of experience, the issue to be investigated broadens, and ends up invoking the question of whether or not the production of performativity implicitly presupposes and tacitly epitomizes the semio-pragmatic implications/consequences (or, in Peircean terms, ‘bearings’) coextensive with cultural universes of experience. Were this the case, it would seem to call into question the very possibility of ‘making things only with words,’ or more explicitly, the alleged meaning of ‘linguistic acts.’. (shrink)

The Bible recounts that in Eden, Adam gives names to all the animals. But those names are not only representations of the animals’ nature, rather they shape and constitute it. The naming by Adam contains in itself the divide between the human and non-human. Then, there is the Fall: Adam falls and forgets Being. Though he may still remember the names he gave to the animals in Eden, he is no longer sure about their meaning. Adam will have to try (...) to remember his own intentions. Through this effort he can also become aware of how he thinks, who he is, and what was the natural order he knew before the Fall. Medieval bestiaries tell us this story. Bestiaries are works of word play populated by animal figures. They depend on back-and-forth anthropomorphization, or circular metaphor. Animal figures are portrayed as both a mirror of human nature and a window on it. Bestiaries served as means for the moral education of human beings and, at the same time, a way to criticize the current state of humanity, including political and ethical habits. Within the moral irony of medieval bestiaries we can find the origin of the invented nature that modernity will try, subsequently, to insert into natural rights discourse through the teleological oxymoron of their naturalized and naturalizing counter-factuality. I will propose a historical-semiotic journey through the ironic representations of the human-beasts from the ancient world to contemporaneity. The proposal resulting from this cultural excursion is that the words included in the many national and international Rights declarations operate much like the names Adam gave to the animals and still more as they were re-read in medieval bestiaries, both textual and musical. So, can the words of Rights still serve as musical scores, open to an infinite play of re-signification? If we were able to overcome the modern culture/nature and human being/animal dualisms, we could cast, today as in the past, a zoological gaze on human rights by means of contemporary bestiaries and, in this way, perhaps find the gist of rights’ names and our ever regained and ever lost again humanity. (shrink)

In this essay both the facts/values and facticity/normativity divides are considered from the perspective of global semiotics and with specific regard to the relationships between legal meaning and spatial scope of law’s experience. Through an examination of the inner and genetic projective significance of categorization, I will analyze the semantic dynamics of the descriptive parts comprising legal sentences in order to show the intermingling of factual and axiological/teleological categorizations in the unfolding of legal experience. Subsequently, I will emphasize the translational (...) and enactive cognitive disposition underlying the construction of the second premise of the so-called judiciary syllogism and thereby the untenability of the idea that ‘law makes its facts.’ Hence, I will try to bring to the fore the cultural pre-assumptions encapsulated in the positivistic and therefore also formalistic or analytical approaches to legal experience and the loss of their inner consistency when legal experience confronts the phases and major changes of global semiotics. Finally, I will strive to relativize the opposition between the positivist and non-positivistic theories of law in view of an understanding of legal experience focused not only, or at least not primarily, on what ‘law is’ but also on ‘how’ it unwinds through, and _in spite of_, environmental and semantic transformations. (shrink)

Cómo es posible la historia? -- Giambattista Vico : Una nueva ciencia, la historia (1725) -- Carta de Heidelberg.

Exploring informal components of clinical reasoning, we argue that they need to be understood via the analysis of professional wisdom. Wise decisions are needed where action or insight is vital, but neither everyday nor expert knowledge provides solutions. Wisdom combines experiential, intellectual, ethical, emotional and practical capacities; we contend that it is also more strongly social than is usually appreciated. But many accounts of reasoning specifically rule out such features as irrational. Seeking to illuminate how wisdom operates, we therefore build (...) on Aristotle’s work on informal reasoning. His account of rhetorical communication shows how non-formal components can play active parts in reasoning, retaining, or even enhancing its reasonableness. We extend this account, applying it to forms of healthcare-related reasoning which are characterised by the need for wise decision-making. We then go on to explore some of what clinical wise reasoning may mean, concluding with a case taken from psychotherapeutic practice. (shrink)

Most social scientists and philosophers claim that sociology and philosophy are disjoint fields of inquiry. Some have wondered how to trace the precise boundary between them. Mario Bunge argues that the two fields are so entangled with one another that no demarcation is possible or, indeed, desirable. In fact, sociological research has demonstrably philosophical pre-suppositions. In turn, some findings of sociology are bound to correct or enrich the philosophical theories that deal with the world, our knowledge of it, or (...) the ways of acting upon it. While Bunge's thesis would hardly have shocked Mill, Marx, Durkheim, or Weber, it is alien to the current sociological mainstream and dominant philosophical schools. Bunge demonstrates that philosophical problematics arise in social science research. A fertile philosophy of social science unearths critical presuppositions, analyzes key concepts, refines effective research strategies, crafts coherent and realistic syntheses, and identifies important new problems. Bunge examines Marx's and Durkheim's thesis that social facts are as objective as physical facts; the so-called Thomas theorem that refutes the behaviorist thesis that social agents react to social stimuli rather than to the way we perceive them; and Merton's thesis on the ethos of basic science which shows that science and morality are intertwined. He considers selected philosophical problems raised by contemporary social studies and argues forcefully against tolerance of shabby work in academic social science and philosophy alike. (shrink)

This book treats practical and political reasoning as an active engagement with the world and other people; it cannot be understood as exclusively cognitive and this is seen as a virtue rather than a deficiency. Informal, emotional, characterological, aesthetic and interactional aspects of thought can be constituents of reasonable arguing. The work examines key capacities connected with argumentation, in a variety of fields from professional and medical ethics to work organization and the practice of art.

A re-evaluation of the notion of vacuum in quantum electrodynamics is presented, focusing on the vacuum of the quantized electromagnetic field. In contrast to the ‘nothingness’ associated to the idea of classical vacuum, subtle aspects are found in relation to the vacuum of the quantized electromagnetic field both at theoretical and experimental levels. These are not the usually called vacuum effects. The view defended here is that the so-called vacuum effects are not due to the ground state of the quantized (...) electromagnetic field. Nevertheless it is possible to maintain an empirically demonstrable notion of vacuum state that is consistent with the interpretation of the formalism of the theory. (shrink)

This fascinating exploration of the great discoveries of history's most important mathematicians seeks an answer to the eternal question: Does mathematics hold the key to understanding the mysteries of the physical world?

It is generally argued that if the wave-function in the de Broglie–Bohm theory is a physical field, it must be a field in configuration space. Nevertheless, it is possible to interpret the wave-function as a multi-field in three-dimensional space. This approach hasn’t received the attention yet it really deserves. The aim of this paper is threefold: first, we show that the wave-function is naturally and straightforwardly construed as a multi-field; second, we show why this interpretation is superior to other interpretations (...) discussed in the literature; third, we clarify common misconceptions. (shrink)

Machine generated contents note: I. METAPHYSICS -- 1. How Do Realism, Materialism, and Dialectics Fare in Contemporary Science? -- 2. New Dialogues between Hylas and Philonous -- 3. Energy: Between Physics and Metaphysics -- 4. The Revival of Causality -- 5. Emergence and the Mind -- 6 SCIENTIFIC REALISM -- 6. The Status of Concepts -- 7. Popper's Unworldly World 3 --II. METHODOLOGY AND PHILOSOPHY OF SCIENCE -- 8. On Method in the Philosophy of Science -- 9. Induction in Science (...) -- 10. The GST Challenge to the Classical Philosophies of Science -- 11. The Power and Limits of Reduction -- 12. Thinking in Metaphors --III. PHILOSOPHY OF MATHEMATICS -- 13. Moderate Mathematical Fictionism -- 14. The Gap between Mathematics and Reality -- 15. Two Faces and Three Masks of Probability --IV. PHILOSOPHY OF PHYSICS -- 16. Physical Relativity and Philosophy -- 17. Hidden Variables, Separability, and Realism -- 18. Schrodinger's Cat Is Dead --V. PHILOSOPHY OF PSYCHOLOGY -- 19. From Mindless Neuroscience and Brainless Psychology to Neuropsychology -- 20. Explaining Creativity -- VI. PHILOSOPHY OF SOCIAL SCIENCE -- 21. Analytic Philosophy of Society and Social Science: -- The Systemic Approach as an Alternative to Holism and Individualism -- 22. Rational Choice Theory: A Critical Look at Its Foundations -- 23. Realism and Antirealism in Social Science --VII. PHILOSOPHY OF TECHNOLOGY -- 24. The Nature of Applied Science and Technology -- 25. The Technology-Science-Philosophy Triangle in Its Social Context -- 26. The Technologies in Philosophy --VIII. MORAL PHILOSOPHY -- 27. A New Look at Moral Realism -- 28. Rights Imply Duties --IX. SOCIAL AND POLITICAL PHILOSOPHY -- 29. Morality Is the Basis of Legal and Political Legitimacy -- 30. Technoholodemocracy: An Alternative to -- Capitalism and Socialism -- Bibliography -- Index of Names -- Index of Subjects. (shrink)

Predictivists use the no miracle argument to argue that “novel” predictions are decisive evidence for theories, while mere accommodation of “old” data cannot confirm to a significant degree. But deductivists claim that since confirmation is a logical theory-data relationship, predicted data cannot confirm more than merely deduced data, and cite historical cases in which known data confirmed theories quite strongly. On the other hand, the advantage of prediction over accommodation is needed by scientific realists to resist Laudan’s criticisms of the (...) no miracle argument. So, if the deductivists are right, the most powerful argument for realism collapses. There seems to be an inescapable contradiction between these prima facie plausible arguments of predictivists and deductivists; but this puzzle can be solved by understanding what exactly counts as novelty, if novel predictions must support the no miracle argument, i.e., if they must be explainable only by the truth of theories. Taking my cues from the use-novelty tradition, I argue that (1) the predicted data must not be used essentially in building the theory or choosing the auxiliary assumptions. This is possible if the theory and its auxiliary assumptions are plausible independently of the predicted data, and I analyze the consequences of this requirement in terms of best explanation of diverse bodies of data. Moreover, the predicted data must be (2) a priori improbable, and (3) heterogeneous to the essentially used data. My proposed notion of novelty, therefore, is not historical, but functional. Hence, deductivists are right that confirmation is independent of time and of historical contingencies such as if the theorist knew a datum, used it, or intended to accommodate it. Predictivists, however, are right that not all consequences confirm equally, and confirmation is not purely a logical theory-data relation, as it crucially involves background epistemic conditions and the notion of best explanation. Conditions (1)–(3) make the difference between prediction and accommodation, and account for the confirming power of theoretical virtues such as non ad-hocness, non-fudging, non-overfitting, independence and consilience. I thus show that functional novelty (a) avoids the deductivist objections to predictivism, (b) is a gradual notion, in accordance with the common intuition that confirmation comes in degrees, and (c) supports the no miracle argument, so vindicating scientific realism. (shrink)

There are two possible realist defense strategies against the pessimistic meta-induction and Laudan’s meta-modus tollens: the selective strategy, claiming that discarded theories are partially true, and the discontinuity strategy, denying that pessimism about past theories can be extended to current ones. A radical version of discontinuity realism is proposed by Gerald Doppelt: rather than discriminating between true and false components within theories, he holds that superseded theories cannot be shown to be even partially true, while present best theories are demonstrably (...) completely true. I argue that this position, running counter both the cumulativity of science and fallibilism, is untenable; it cannot account for the success of past theories, nor for the failures of current theories, and rather than shutting the door to the pessimistic historical objections it opens it wide. The best strategy, instead, joins the selective idea there was both some truth and some falsity in discarded theories, like in current ones, with the moderate discontinuity idea that the truth rate in present best theories is much greater than in past ones. (shrink)

I want to combine two hitherto largely independent research projects, scientific understanding and mechanistic explanations. Understanding is not only achieved by answering why-questions, that is, by providing scientific explanations, but also by answering what-questions, that is, by providing what I call scientific descriptions. Based on this distinction, I develop three forms of understanding: understanding-what, understanding-why, and understanding-how. I argue that understanding-how is a particularly deep form of understanding, because it is based on mechanistic explanations, which answer why something happens in (...) virtue of what it is made of. I apply the three forms of understanding to two case studies: first, to the historical development of thermodynamics and, second, to the differences between the Clausius and the Boltzmann entropy in explaining thermodynamic processes. (shrink)

Deployment Realism resists Laudan’s and Lyons’ objections to the “No Miracle Argument” by arguing that a hypothesis is most probably true when it is deployed essentially in a novel prediction. However, Lyons criticized Psillos’ criterion of essentiality, maintaining that Deployment Realism should be committed to all the actually deployed assumptions. But since many actually deployed assumptions proved false, he concludes that the No Miracle Argument and Deployment Realism fail. I reply that the essentiality condition is required by Occam’s razor. In (...) fact, there is a simpler formulation of essentiality which escapes Lyons’ criticisms and rescues the No Miracle Argument and Deployment Realism from their purported historical counterexamples: a hypothesis is essential when it has no proper parts (in Yablo’s sense) sufficient to derive the same prediction. Although essentiality so conceived cannot be detected prospectively, this is just natural, and it is not a problem but an advantage for Deployment Realism. (shrink)

The ontological models framework distinguishes ψ-ontic from ψ-epistemic wave- functions. It is, in general, quite straightforward to categorize the wave-function of a certain quantum theory. Nevertheless, there has been a debate about the ontological status of the wave-function in the statistical interpretation of quantum mechanics: is it ψ-epistemic and incomplete or ψ-ontic and complete? I will argue that the wave- function in this interpretation is best regarded as ψ-ontic and incomplete.

Reasoning and judgement in health care entail complex responses to problems whose demands typically derive from several areas of specialism at once. We argue that current evidence- or value-based models of health care reasoning, despite their virtues, are insufficient to account for responses to such problems exhaustively. At the same time, we offer reasons for contending that health professionals in fact engage in forms of reasoning of a kind described for millennia under the concept of wisdom. Wisdom traditions refer to (...) forms of deliberation which combine knowledge, reflection and life experience with social, emotional and ethical capacities. Wisdom is key in dealing with problems which are vital to human affairs but lack prescribed solutions. Uncertainty and fluidity must be tolerated in seeking to resolve them. We illustrate the application of wisdom using cases in psychiatry, where non-technical aspects of problems are often prominent and require more systematic analysis than conventional approaches offer, but we argue that our thesis applies throughout the health care field. We argue for the relevance of a threefold model of reasoning to modern health care situations in which multifaceted teamwork and complex settings demand wise judgement. A model based on practical wisdom highlights a triadic process with features activating capacities of the self, other and aspects of the problem itself. Such a framework could be used to develop current approaches to health care based on case review and experiential learning. (shrink)

What does it take to understand a phenomenon ideally, or to the highest conceivable extent? In this paper, we answer this question by arguing for five necessary conditions for ideal understanding: (i) representational accuracy, (ii) intelligibility, (iii) truth, (iv) reasonable endorsement, and (v) fitting. Even if one disagrees that there is some form of ideal understanding, these five conditions can be regarded as sufficient conditions for a particularly deep level of understanding. We then argue that grasping, novel predictions, and transparency (...) are not reasonable conditions for ideal understanding. (shrink)

Philosophers now seem to agree that frequentism is an untenable strategy to explain the meaning of probabilities. Nevertheless, I want to revive frequentism, and I will do so by grounding probabilities on typicality in the same way as the thermodynamic arrow of time can be grounded on typicality within statistical mechanics. This account, which I will call typicality frequentism, will evade the major criticisms raised against previous forms of frequentism. In this theory, probabilities arise within a physical theory from statistical (...) behavior of almost all initial conditions. The main advantage of typicality frequentism is that it shows which kinds of probabilities (that also have empirical relevance) can be derived from physics. Although one cannot recover all probability talk in this account, this is rather a virtue than a vice, because it shows which types of probabilities can in fact arise from physics and which types need to be explained in different ways, thereby opening the path for a pluralistic account of probabilities. (shrink)

Abstract We examine the construction of electromagnetism in its current form, and in an alternative form, from a point of view that combines a minimal realism with strict rational demands. We begin by discussing the requests of reason when constructing a theory and next, we follow the historical development as presented in the record of original publications, the underlying epistemology (often explained by the authors) and the mathematical constructions. The historical construction develops along socio-political disputes (mainly, the reunification of Germany (...) and the second industrial revolution), epistemic disputes (at least two demarcations of science in conflict) and several theories of electromagnetism. Such disputes resulted in the militant adoption of the ether by some, a position that expanded in parallel with the expansion of Prussia. This way of thinking was facilitated by the earlier adoption of a standpoint that required, as a condition for understanding, the use of physical hypothesis in the form of analogies; an attitude that is antithetic to Newton's “hypotheses non fingo”. While the material ether was finally abandoned, the epistemology survived in the form of “substantialism” and a metaphysical ether: the space. The militants of the ether attributed certainties regarding the ether to Faraday and Maxwell, when they only expressed doubts and curiosity. Thus, the official story is not the real history. This was achieved by the operation of detaching Maxwell's electromagnetism from its construction and introducing a new game of formulae and interpretations. Large and important parts of Maxwell work are today not known, as for example, the rules for the transformation of the electromagnetic potentials between moving systems. When experiments showed that all the theories based in the material ether were incorrect, a new interpretation was offered: Special Relativity (SR). At the end of the transformation period a pragmatic view of science, well adapted to the industrial society, had emerged, as well as a new protagonist: the theoretical physicist. The rival theory of delayed action at distance initiated under the influence of Gauss was forgotten in the midst of the intellectual warfare. The theory is indistinguishable in formulae from Maxwell's and its earlier versions are the departing point of Maxwell for the construction of his equations. We show in a mathematical appendix that such (relational) theory can incorporate Lorentz' contributions as well as Maxwell's transformations and C. Neumann's action, without resource to the ether. Demarcation criteria was further changed at the end of the period making room for habits and intuitions. When these intuited criteria are examined by critical reason (seeking for the fundaments) they can be sharpened with the use of the Non Arbitrariness Principle, which throws light over the arbitrariness in the construction of SR. Under a fully rational view SR is not acceptable, it requires to adopt a less demanding epistemology that detaches the concept from the conception, such as Einstein's own view in this respect, inherited from Hertz. In conclusion: we have shown in this relevant exercise how the reality we accept depends on earlier, irrational, decisions that are not offered for examination but rather are inherited from the culture. (shrink)

Chasing Reality deals with the controversies over the reality of the external world. Distinguished philosopher Mario Bunge offers an extended defence of realism, a critique of various forms of contemporary anti-realism, and a sketch of his own version of realism, namely hylorealism. Bunge examines the main varieties of antirealism - Berkeley's, Hume's, and Kant's; positivism, phenomenology, and constructivism - and argues that all of these in fact hinder scientific research. Bunge's realist contention is that genuine explanations in the sciences (...) appeal to causal laws and mechanisms that are not directly observable, rather than simply to empirical generalisations. Genuine science, in his view, is objective even when it deals with subjective phenomena such as feelings of fear. This work defends a realist view of universals, kinds, possibilities, and dispositions, while rejecting contemporary accounts of these that are couched in terms of modal logic and 'possible worlds.'. (shrink)

Esteban Lythgoe 55 Regímenes no democráticos y democracias menos republicanas Mario Serrafero 65 Precios e Instituciones Políticas en Buenos Aires (1850-1900) Eduardo Martín Cuesta 79.

A Neuroscientist Offers Evidence of Where the Brain Ends and Consciousness Begins.