Aunque el derecho probatorio y el derecho procesal se han dedicado desde siempre al estudio de los problemas relacionados con las pruebas y el establecimiento de los hechos en los procesos judiciales, el énfasis ha estado siempre en el aspecto formal, doctrinal y procedimental en detrimento de los fundamentos filosóficos y teóricos. Durante los últimos años ha habido un intento sostenido de explorar estos fundamentos combinando no sólo las herramientas tradicionales proporcionadas por la lógica, la gramática y la retórica, sino (...) también los avances hechos en ciencias como la estadística y la probabilidad, la medicina y la psicología forenses, la psicología de la percepción, la epistemología y la filosofía de la ciencia. El presente libro reúne las contribuciones de destacados juristas y filósofos latinoamericanos a esta nueva perspectiva interdisciplinaria, conocida como epistemología jurídica. El libro está dividido en tres grandes temas: la primera parte explora los problemas epistemológicos del conocimiento de los hechos en los procesos judiciales; la segunda se enfoca en el problema de los estándares de prueba; y la sección final discute el testimonio de los expertos. En su conjunto el libro ofrece un panorama tanto de los problemas centrales de la epistemología jurídica, como del estado del arte de la disciplina. (shrink)

El presente libro constituye una interesante propuesta para enfrentar el estudio del pasado de una manera distinta a la historiografía tradicional, a la cual se la ha criticado muchas veces por su escritura compleja y por la escasa empatía que las investigaciones generan con el lector que no es especialista en este tipo de conocimientos. Es por esto que, y al igual que lo realizado en XIX Historias del siglo diecinueve chileno, los autores del texto presentan una serie de artículos (...) en los que.. (shrink)

Osvald Demuth studied constructive analysis from the viewpoint of the Russian school of constructive mathematics. In the course of his work he introduced various notions of effective null set which, when phrased in classical language, yield a number of major algorithmic randomness notions. In addition, he proved several results connecting constructive analysis and randomness that were rediscovered only much later.In this paper, we trace the path that took Demuth from his constructivist roots to his deep and innovative work on the (...) interactions between constructive analysis, algorithmic randomness, and computability theory. We will focus specifically on Demuth’s work on the differentiability of Markov computable functions and his study of constructive versions of the Denjoy alternative, Demuth’s independent discovery of the main notions of algorithmic randomness, as well as the development of Demuth randomness, and the interactions of truth-table reducibility, algorithmic randomness, and semigenericity in Demuth’s work. (shrink)

IntroductionTranscranial magnetic stimulation is a consolidated procedure for the treatment of depression, with several meta-analyses demonstrating its efficacy. Theta-burst stimulation is a modification of TMS with similar efficacy and shorter session duration. The geriatric population has many comorbidities and a high prevalence of depression, but few clinical trials are conducted specifically for this age group. TBS could be an option in this population, offering the advantages of few side effects and no pharmacological interactions. Therefore, our aim is to investigate the (...) efficacy of TBS in geriatric depression.Clinical trial registration[https://clinicaltrials.gov/ct2/], identifier [NCT04842929]. (shrink)

Entre la Déclaration des droits de l'homme qui affirme l'égalité entre les sexes et la première guerre mondiale, le XIXe siècle apparaît comme une époque de mutations économiques, sociales et culturelles où se modifient le rôle, le statut et l'image de l'homme. Selon André Rauch, « les repères de l'Ancien Régime s'effacent alors que n'existent encore ni mixité réelle ni égalité de fait entre hommes et femmes » de sorte qu'une « crise identitaire masculine » caractériserait cette époque....

In view of the enormous and expanding body of literature on Sartre the best one might expect of a new study would be a profound new insight or a significant new systemization of existing insights; the worst would be either a rehash of old opinions or a deliberate effort to be ‘new’ at all costs If Mrs McCall’s book falls somewhat short of the first category she certainly avoids most of the pitfalls of the second.

We comment on and translate Gustav Kirchhoff's important paper of 1857 entitled On the motion of electricity in conductors. The significance of this paper is that Kirchhoff proved with action at a distance that electric disturbances travel along wires of negligible resistance with the velocity of light. He accomplished this with the laws of Newtonian electrodynamics (Coulomb, Ampere, F. Neumann and Weber) before Maxwell had formulated his equations.

In lieu of an abstract, here is a brief excerpt of the content:Spirit and Politics: Some Thoughts on Margaret Watkins’s The Philosophical Progress of Hume’s “Essays”Andre C. Willis (bio)Margaret Watkins’s elegant text, The Philosophical Progress of Hume’s Essays (2019),1 is marked by a Humean approach: it fosters philosophical consideration of both the faculties of the mind and the affective features of experience in ways that bear on practical, moral issues. Ever-attentive to the meaning of Hume’s various nuances and strategic ambiguities, (...) Watkins’s even-handed approach guides us into a broad swath of Hume’s ideas and marches us through a trajectory of secondary interlocutors. It also establishes Watkins as an integral part of Hume’s lineage, in the sense that she understands that thoughtful writing itself is an intellectual virtue. Her “unusual sensitivity, not to life’s daily vicissitudes but to beauties and deformities” (193)2 richly textures her overall argument that positions Hume’s Essays as a filter for his vision of “true philosophy:” that reflective turn towards nature and common life that openly challenges abstruse reasoning, fluently embraces historicism and perspectivalism, and deftly foregrounds the usefulness of ideas over their logical certainty.As much as Watkins reveals Hume’s vision for philosophy, she also extends it; for, among other things, her consideration of Hume’s unique endeavor in philosophical literature (ultimately collected under the title Essays, Moral, Political and Literary [1758]), makes an important twofold contribution to Hume studies. It brings greater attention to Hume’s notion of “public spirit,” a distinct mode of human excellence that combines “benevolence” with “greatness of mind.” And, it aestheticizes some practical dimensions of human life (noted in chapter titles, for example, “Working,” [End Page 143] “Thinking,” “Loving”) without losing track of their socio-political valences. I shall return to these two main points below. As an introductory gesture, I want to note that Watkins’s writing both nicely elaborates Hume’s philosophical vision and thoughtfully broadens his literary insights. It does “the job of putting the audience into a responsive relation with the work of art,” what literary critic R. P. Blackmur identified as “the job of intermediary.”3Generally speaking, Watkins’s mediation filters salient themes and terms from Hume’s corpus through a particularly close reading of the Essays. Cast through her richly stylized analysis, Hume’s foundational ideas of “sympathy,” “convention,” “impressions,” “association,” “imagination,” “artifice,” the “passions” (and more) find fresh interpretive air. An example of this in her first chapter tracks Hume’s use of both “artifice” and “convention” from the Treatise through the second Enquiry to the Essays. For Watkins, a through-line for Hume is that “governing” can be thought of as repeated actions that bridge institutional policy to individual character. To think about governing in this way is to open ourselves to new ways of conceiving potential overlaps between nature and artifice (say, in the instance of a moral virtue like courage [50]). To link categories in the Essays back to their antecedent texts along the lines that Watkins does is to situate them in the context of Hume’s larger thought-project and, indirectly, confirm connections between the individual essays. These conjoinings, for Watkins, suggest Hume’s Essays can be treated together, without either blending their disparate themes or diluting their individual subject matter.4This point stands in opposition to Hume’s own semi-admonishment (1741) that “The Reader must not look for any connexion among these Essays but must consider each of them as a Work apart.”5 Watkins’s response—indicative of the graciousness of her overall tone—is to warmly acknowledge Hume’s reproach and affirm the distinctiveness of each of the essays. She proclaims: “The Essays are not unified” (5). Her thinking about them separately, however, reveals a common practical thread in their form. Watkins characterizes this form as serving “to promote public benefit” (4). I think about this form as being philosophical in the way that Richard Rorty conceives of philosophy as cultural criticism. Watkins, however, wants to emphasize the public character of Hume’s philosophy. She writes: “Hume seeks to benefit the public in two ways. First, he tries to allay irrational attitudes that produce imprudent personal and... (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

Pancreatitis is a complex, progressively destructive inflammatory disorder. Alcohol was long thought to be the primary causative agent, but genetic contributions have been of interest since the discovery that rare PRSS1, CFTR and SPINK1 variants were associated with pancreatitis risk. We now report two associations at genome-wide significance identified and replicated at PRSS1-PRSS2 and X-linked CLDN2 through a two-stage genome-wide study. The PRSS1 variant likely affects disease susceptibility by altering expression of the primary trypsinogen gene. The CLDN2 risk allele is (...) associated with atypical localization of claudin-2 in pancreatic acinar cells. The homozygous CLDN2 genotype confers the greatest risk, and its alleles interact with alcohol consumption to amplify risk. These results could partially explain the high frequency of alcohol-related pancreatitis in men. © 2012 Nature America, Inc. All rights reserved. (shrink)

Gender issues are well-researched in the general management literature, particular in studies on new ventures. Unfortunately, gender issues have been largely ignored in the dynamic capabilities literature. We address this gap by analyzing the effects of gender diversity on dynamic capabilities among micro firms. We consider the gender of managers and personnel in 124 Ukrainian tourism micro firms. We examine how a manager’s gender affects the firm’s sensing capacities and investigate how it moderates team gender diversity’s impact on sensing capacities. (...) We also investigate how personnel composition impacts seizing and reconfiguration capacities. We find that female managers have several shortcomings concerning a firm’s sensing capacity but that personnel gender diversity increases this capacity. Team gender diversity has positive effects on a firm’s seizing and reconfiguration abilities. Our study advances research on gender diversity and its impact on firm capabilities and illustrates its relevance for staffing practices in micro firms. (shrink)

(Tesis de Licencia en Filosofía. Moderador Alessandro Salucci, OP. Angelicum, Roma, Febrero 2006) -/- El problema causal está íntimamente ligado y nos lleva necesariamente al problema del ser, finito e infinito. Por tanto, no es un problema más en la filosofía. En la larga discusión que se planteó en el último período escolástico (fines del s. XIX y primera mitad del s. XX) las líneas de solución más originales las ha dado el p. Cornelio Fabro -/- Por lo tanto, nos (...) proponemos investigar su propuesta de solución. El p. Fabro defendía la necesidad de la dependencia causal a través de la noción de participación. Nuestro objetivo es por tanto hacer un análisis crítico de la postura del p. Fabro acerca de la dependencia causal como exigencia del ser participado, a través del estudio de algunas de sus obras más importantes al respecto. Buscamos respondernos por qué para el p. Fabro el ser participado exige una causa, y valorar sus argumentos. -/- Como hemos dicho, para nuestro trabajo nos valdremos ante todo del estudio de algunas de las obras más importantes del p. Cornelio Fabro con respecto a la causalidad. Nos referimos en concreto a tres de ellas: la primera, el artículo La difesa critica del principio di causa, donde el autor expone de un modo preciso la noción de participación como el fundamento de la justificación crítica del principio de causalidad. Las otras dos obras son La Nozione Metafisica di Partecipazione secondo San Tommaso d’Aquino, donde la noción de participación es puesta al centro de la metafísica tomista, como clave de bóveda de las tesis más características de la doctrina del Angélico; y Partecipazione e Causalità, obra en la cual el autor rescata el esse tomista original como fundamento de una metafísica de la causalidad. -/- Este estudio nos ha llevado a destacar la importancia de la noción de “ser que no es por sí” como noción esencialmente relacionada a la noción de participación y por otro lado cuasi necesaria para hacer el pasaje a la causa. (shrink)

The present paper explores the role of motivation to observe a certain outcome in people’s predictions, causal attributions, and beliefs about a streak of binary outcomes. In two studies we found that positive streaks lead participants to predict the streak’s continuation, but negative streaks lead to predictions of its end. More importantly, these wishful predictions are supported by strategic attributions and beliefs about how and why a streak might unfold. Results suggest that the effect of motivation on predictions is mediated (...) by a serial path via causal attributions to the teams at play and belief in the hot hand. (shrink)

In the epigraph, Fisher is blaming two generations of theoretical biologists, from Darwin on, for ignoring Quetelet's statistical techniques and hence harboring confusions about evolution and natural selection. He is right to imply that Darwin and his contemporaries were aware of the core of Quetelet's work. Quetelet's seminal monograph, Sur L'homme, was widely discussed in Darwin's academic circles. We know that Darwin owned a copy (Schweber 1977). More importantly, we have in Darwin's notebooks two entries referring to Quetelet's work on (...) the cause of a large-scale global phenomenon where each year more boys were born than girls. The first entry is written sometime between April and July 1838. Darwin writes "Find out from the Statistical Society—where M. Quetelet has published his laws about sexes relative to age of Marriages" (C 268, Barrett et al., 1987, p. 324). The second is written sometime after October 16, 1838: "In the Atheneum Numbers 406, 407, 409, Quetelet papers are given, & I think facts there mentioned about proportion of sexes, at birth & causes" (Ibid, p. 379). So, even if Darwin did not read Sur L'homme directly it is likely (though not certain) that he read its review in the Atheneum. There is no doubt that Darwin eventually became familiar with Quetelet's work in statistics. The smoking gun is an essay that Darwin writes in 1874, entitled, "On the Males and Complemental Males of Certain Cirripedes, and on Rudimentary Structures" where he discusses Quetelet's laws of variation. (shrink)

BackgroundPhysical activity is known to improve mental health, and is regarded as safe and desirable for uncomplicated pregnancy. In this novel study, we aim to evaluate whether there are associations between maternal physical activity during pregnancy and neonatal brain cortical development.MethodsForty-four mother/newborn dyads were included in this longitudinal study. Healthy pregnant women were recruited and their physical activity throughout pregnancy were documented using accelerometers worn for 3–7 days for each of the 6 time points at 4–10, ∼12, ∼18, ∼24, ∼30, (...) and ∼36 weeks of pregnancy. Average daily total steps and daily total activity count as well as daily minutes spent in sedentary/light/moderate/vigorous activity modes were extracted from the accelerometers for each time point. At ∼2 weeks of postnatal age, their newborns underwent an MRI examination of the brain without sedation, and 3D T1-weighted brain structural images were post-processed by the iBEAT2.0 software utilizing advanced deep learning approaches. Cortical surface maps were reconstructed from the segmented brain images and parcellated to 34 regions in each brain hemisphere, and mean cortical thickness for each region was computed for partial correlation analyses with physical activity measures, with appropriate multiple comparison corrections and potential confounders controlled.ResultsAt 4–10 weeks of pregnancy, mother’s daily total activity count positively correlated (FDR corrected P ≤ 0.05) with newborn’s cortical thickness in the left caudal middle frontal gyrus (rho = 0.48, P = 0.04), right medial orbital frontal gyrus (rho = 0.48, P = 0.04), and right transverse temporal gyrus (rho = 0.48, P = 0.04); mother’s daily time in moderate activity mode positively correlated with newborn’s cortical thickness in the right transverse temporal gyrus (rho = 0.53, P = 0.03). At ∼24 weeks of pregnancy, mother’s daily total activity count positively correlated (FDR corrected P ≤ 0.05) with newborn’s cortical thickness in the left (rho = 0.56, P = 0.02) and right isthmus cingulate gyrus (rho = 0.50, P = 0.05).ConclusionWe identified significant relationships between physical activity in healthy pregnant women during the 1st and 2nd trimester and brain cortical development in newborns. Higher maternal physical activity level is associated with greater neonatal brain cortical thickness, presumably indicating better cortical development. (shrink)

This article intends to analyse the Hobbesian version of the Christian dogma of the Trinity as it is observed in the corresponding sections of Leviathan , De Cive and Heresy , and alluded to in other texts (controversy with Bramhall). It shall be important to specify: (a) As a starting point, the exact place of such concept within the general problem expressed by the difference between "political theology" and "theologico-political problem" (C. Altini); (b) The main items of the philosopher's Trinitarian (...) exposition as well as his intention while writing it, according to the "secularist", "theistic" and "Divine Omnipotence" interpretations. (J. Overhoff, A. Martinich, P. Springborg, L. Foisneau, F. Lessay, G. Wright); (c) His relationship with the contemporary orthodox currents (Trinitarian) and heterodox currents (antitrinitarian), as well as with the elements from ancient antitrinitarian heresies (subordinationism, modalism, sabellianism). (shrink)

This essay discusses Socrates’ use of hypothetical choices as an early version of what was to become in the twentieth century the discipline of decision theory as expressed by one of its prominent proponents, F. P. Ramsey. Socrates’ use of hypothetical choices and thought experiments in the dialogues is a way of reassuring himself of an interlocutor’s philosophical potential. For example, to assess just how far Alcibiades is willing to go to attain his goal of being a great Athenian leader, (...) we employ Ramsey’s concept of Mathematical Expectation. Mathematical Expectation operates on the assumption that it is not enough to measure probability; we must also measure our belief to apportion our belief to the probability. In other words, it illustrates how strongly or to what degree a person holds a particular belief. If a person’s belief in X lacks enough doubts to cancel the belief out, the probability of his acting on this belief is higher than if his belief in X was plagued by a greater number of doubts. (shrink)

We study the sets that are computable from both halves of some (Martin–Löf) random sequence, which we call 1/2-bases. We show that the collection of such sets forms an ideal in the Turing degrees that is generated by its c.e. elements. It is a proper subideal of the K-trivial sets. We characterize 1/2-bases as the sets computable from both halves of Chaitin’s Ω, and as the sets that obey the cost function c(x,s)=Ωs−Ωx−−−−−−−√. Generalizing these results yields a dense hierarchy of (...) subideals in the K-trivial degrees: For k<n, let Bk/n be the collection of sets that are below any k out of n columns of some random sequence. As before, this is an ideal generated by its c.e. elements and the random sequence in the definition can always be taken to be Ω. Furthermore, the corresponding cost function characterization reveals that Bk/n is independent of the particular representation of the rational k/n, and that Bp is properly contained in Bq for rational numbers p<q. These results are proved using a generalization of the Loomis–Whitney inequality, which bounds the measure of an open set in terms of the measures of its projections. The generality allows us to analyze arbitrary families of orthogonal projections. As it turns out, these do not give us new subideals of the K-trivial sets; we can calculate from the family which Bp it characterizes. We finish by studying the union of Bp for p<1; we prove that this ideal consists of the sets that are robustly computable from some random sequence. This class was previously studied by Hirschfeldt [D. R. Hirschfeldt, C. G. Jockusch, R. Kuyper and P. E. Schupp, Coarse reducibility and algorithmic randomness, J. Symbolic Logic81(3) (2016) 1028–1046], who showed that it is a proper subclass of the K-trivial sets. We prove that all such sets are robustly computable from Ω, and that they form a proper subideal of the sets computable from every (weakly) LR-hard random sequence. We also show that the ideal cannot be characterized by a cost function, giving the first such example of a Σ03 subideal of the K-trivial sets. (shrink)

This article provides current Schwartz Values Survey (SVS) data from samples of business managers and professionals across 50 societies that are culturally and socioeconomically diverse. We report the society scores for SVS values dimensions for both individual- and societal-level analyses. At the individual-level, we report on the ten circumplex values sub-dimensions and two sets of values dimensions (collectivism and individualism; openness to change, conservation, self-enhancement, and self-transcendence). At the societal-level, we report on the values dimensions of embeddedness, hierarchy, mastery, affective (...) autonomy, intellectual autonomy, egalitarianism, and harmony. For each society, we report the Cronbach’s α statistics for each values dimension scale to assess their internal consistency (reliability) as well as report interrater agreement (IRA) analyses to assess the acceptability of using aggregated individual level values scores to represent country values. We also examined whether societal development level is related to systematic variation in the measurement and importance of values. Thus, the contributions of our evaluation of the SVS values dimensions are two-fold. First, we identify the SVS dimensions that have cross-culturally internally reliable structures and within-society agreement for business professionals. Second, we report the society cultural values scores developed from the twenty-first century data that can be used as macro-level predictors in multilevel and single-level international business research. (shrink)

Au coeur du parcours philosophique d'André Jacob, qui enseigna la philosophie du langage et l'éthique à l'université de Paris X de 1966 à 1990 et a dirigé l'Encyclopédie philosophique universelle aux P.U.F. entre 1980 et 1998, ce volume s'ouvre avec le texte inaugural (prononcé au Congrès mondial de Philosophie à Brighton en 1988) "De la théorisation de la condition humaine" qui l'a toujours retenu : "Une Anthropo-logique : comprendre ou expliquer l'homme?" ; suivi de six autres conférences, appelant à être (...) relayées par une éthique renouvelée correspondant à la seconde partie de l'ouvrage. Une axio-genèse y apporte sa signifiante au "devenir Sujet" du corps, dans un versant d'altérité. On croisera le parcours singulier "de la langue au mal" dans le débat avec Robert Lafont, initiateur d'une praxématique linguistique à Montpellier, comme dans la Postface d'Hervé Barreau. A côté de conférences à l'UNESCO (1991), à Houston (1993) ou à Tokyo (1997), dont "Temps et liberté" (2000) pourrait annoncer l'éthicité ; tandis que "Langue et pouvoir" (2009) éclairera plus directement la figuration anthropo-logique, impensable dans les philosophies de la conscience traditionnelles. La diversité des approches pourrait compléter les témoignages venus d'horizons différents, lors d'un Colloque récent à l'E.N.S. de la rue d'Ulm sur Les conditions de l'humain, autour de la pensée de l'auteur, à paraître. (shrink)

"La nouvelle nous est parvenue que pas une étymologie de Heidegger, pas même Léthé et Aléthès, n'était exacte. Mais le problème est-il bien posé?Tout critère scientifique d'étymologie n'a-t-il pas d'avance été répudié, au profit d'une pure et simple Poésie? On croit bon de dire qu'il n'y a là que des jeux de mots. Ne serait-il pas contradictoire d'attendre une quelconque correction linguistique d'un projet qui se propose explicitement de dépasser l'étant scientifique et technique vers l'étant poétique? Il ne s'agit pas (...) d'étymologie à proprement parler, mais d'opérer des agglutinations dans l'autre-langue, pour obtenir des surgissements dans la langue". (Gilles Deleuze Critique et clinique, 1993, p. 122 à 124). Ces lignes de Deleuze expriment parfaitement et par avance l'objection que l'on pourrait opposer à notre ouvrage. Cependant, et tout en conservant à Deleuze un respect entier pour sa belle oeuvre, nous ne pensons pas que des "agglutinations" dans la langue suffisent à faire passer dans un registre poétique. Le détail de notre démonstration philosophique et philologique a voulu montrer que Heidegger, en faisant comme s'il "entendait" la pensée grecque de l'origine, est entré dans une région que ne peuvent plus atteindre ni philosophie, ni philologie, ni même poésie, parce qu'elle se retire dans l'invérifiable. (shrink)

The possible evolutionary significance of epigenetic memory and codes is a key problem for extended evolutionary synthesis and biosemiotics. In this paper, some less known original works are reviewed which highlight theoretical parallels between current evolutionary epigenetics, on the one hand, and its predecessors in the eco-physiology of higher nervous activity, on the other. Recently, these areas have begun to converge, with first evidence now indicating the possibility of transgenerational epigenetic inheritance of conditional associations in the mammalian nervous system, and (...) related findings in other taxa. This can serve as an interesting example of evolutionary code-making, where the molecular mechanisms underlying arbitrary associations between stimuli involve lasting changes in gene expression that may be transmitted epigenetically across generations, and which in some cases could be further assimilated into the genome over subsequent evolution. Although preliminary, such epigenetic scenarios would also offer an interesting, if so far overlooked parallel to earlier research carried out by one of I.P. Pavlov’s leading students, acad. P.K. Anokhin, and his colleagues, but also by eminent eco-physiologists of the time, several of whom offered arguments for the possibility of unconditional reflexes representing evolutionarily later, specialized, and reduced forms of associative reflexes, from which they may be derived. Although discarded under the growing dominance of modern synthesis, these early epigenetic investigations may deserve renewed attention in the modern context, and if further confirmed, could open essentially new perspectives on the morphofunctional evolution of the nervous system. (shrink)

Knowledge of others, then, has value; so does immunity from being known. The ability to extend one's knowledge has value; so does the ability to limit other's knowledge of oneself. I have claimed that no interest can count as a right unless it clearly outweighs opposing interests whose presence is logically entailed. I see no way to establish that my interest in not being known, simply as such, outweighs your desire to know about me. I acknowledge the intuitive attractiveness of (...) such a position; but my earlier discussion concluded that the value of privacy is ease, and the value of knowledge is understanding - and it's not obvious that either outweighs the other. Nor is it obvious that the freedom and autonomy which result from the power to limit what others know is more significant than the freedom and autonomy which result from the power to extend one's knowledge. I believe the intuitive attractiveness of the belief that privacy values outweigh knowledge values lies in the entirely correct belief that a society without any privacy would be unpleasant. But a society without mutual knowledge would be impossible.I conclude therefore that there is no right to privacy nor to control over it. Nevertheless, each of these things is a good, and a good made possible (given the presence of other people) by social structures. A desirable society will provide both privacy and control over privacy to some extent. Nothing in my analysis helps determine what the proper extent is, nor what areas of life particularly deserve protection. Those who would argue that privacy and control over it are entailed by respect for persons should, I think, choose instead some particular areas central to being a person, to counting as a person, and then show how one is less likely to exercise one's capacities there fully without privacy or without control over it. Although Gerstein's attempt fails because he inaccurately defines intimacy as a kind of absorption and incorrectly opposes absorption with publicity, I think it is the kind of attempt which must be made. Furthermore, he has probably chosen the right area of life - if anything has a special claim to privacy it is probably the union between people who care for one another. The value of being together alone may be more significant than the value of being alone, if only because words and actions are public while thoughts are not. But I will not try to develop that argument here.In any case both privacy and control over it are social goods; on egalitarian grounds they should, ceteris paribus, be equally available to everyone. This helps explain the “dehumanizing” effect of institutions which provide no privacy at all- prisons and some mental institutions. It is not so much that the inmates are totally known; it is rather that those who know them are not so fully known by them; further, that the staff has a great deal of control over what they disclose of themselves, and the inmates very little. The asymmetry of knowledge in those institutions is one aspect of the asymmetry of power; the completely powerless are likely to feel dehumanized.My analysis also helps account for the wrongness of covert observation. It is not simply that the observer violates the wishes of the observed, for the question is whose wishes trump. The observer is violating the justified expectations of the observed: expectations supported by weighty social conventions. These have more moral weight than simple desires do. The peeping torn is violating a convention which structures the distribution of knowledge, a convention from which he benefits. Without it his own activities might well be impossible. He might be more easily caught; or his victim, less trusting, might choose houses without windows. More deeply, the thrill of what he is doing depends on the existence of the convention. Even morally permissible excitement - the suggestiveness of some clothing- would disappear without conventions about nudity. Presumably, too, there are elements of his own personal life for which he values his privacy. He is on grounds of justice obligated to observe the rule which makes his benefits possible.(Some claims to privacy result from personal predilections, rather than from convention. Parent describes a person who is extremely sensitive about being short, for instance, and does not want his exact height to be common knowledge. Parent, p. 346. The grounds for these claims are obviously different from those I've been discussing. The grounds are the moral obligation not to cause needless pain, or, if the information was given in confidence, to keep one's promises.) Although there is no right to privacy or to control over it as such, there is a right to equality of consideration and to a just distribution of benefits and burdens. To put it another way: there is no natural human right to privacy or to control over it; but a good society will provide some of each, and justice requires that the rules of a good society be observed. This paper was written during Joel Feinberg's 1984 NEH Summer Seminar. I am indebted to NEH for funding, and to Professor Feinberg and the other members of the seminar for helpful comments. (shrink)

Event semantics is concerned with the formal structure of sentences which appear to describe an event of some kind, e.g. ‘Brutus kills Caesar,’ or ‘My tooth fell out.’ Phenomenologists should be interested in work in this field, if they hope to rescue Husserl’s phenomenology of judgment from its narrow focus on copular judgments of the form ‘S is p.’ An adequate phenomenology of judgment must ultimately develop an account of judgments whose intentional correlates seem to be events, rather than states (...) of affairs, since such judgments are ubiquitous. For this endeavor, existing work on the formal structure of event sentences provides a crucial foothold. However, phenomenologists cannot simply import semantic theories for their own use, without first evaluating them for phenomenological plausibility. This concern is particularly acute in the case of the widely-adopted “Davidsonian” approach, according to which the logical structure of event sentences diverges radically from natural language syntax. The Davidsonian form introduces a “covert” variable, which stands in for an event. Thus, the sentence ‘Brutus kills Caesar’ becomes, ‘There is an event e that is a killing of Caesar by Brutus.’ Such a theory, if correct, would have decisive consequences for the phenomenology of event sentences, and even of events themselves. Yet the introduction of covert variables in turn introduces—I argue—a covert intentional object, without assessing this idea for phenomenological plausibility. Building on Husserl’s phenomenology of predication, I develop a criterion for evaluating this hypothesis, and argue that the Davidsonian approach, as it stands, is phenomenologically untenable. (shrink)

Let us show how property is grasped as an institutional fact. If Jones steals a computer, he does not own it in the sense of property, but only exercises control towards it. If he buys the computer, he controls it too, and moreover owns it in the sense of property. In other words, simply exercising control towards something is a brute fact. This control counts asproperty only in a certain context: the computer counts as Jones’s property only if he got (...) it through a licit transfer. This is why property is not a brute fact, and is therefore an institutional fact. The same kind of reasoning applies to privacy. When a personal information P about Jones is openly diffused, it seems that P becomes public. From this point of view, a violation of privacy equates to a publication. The problem about this account is the following: who would call “publication of a book” the hacking of it on its author’s computer? No one, because the word “publication” is an institutional word that only refers to a licit diffusion. Considering this answer, we may conclude as follows: if the diffusion of P is illicit, P still countsas private, even if everyone knows about it. If that conclusion is true, privacy is an institutional fact. (shrink)

In what is probably the most arresting of all the textual developments of the Saturnalian dialogues, the reader’s emotional identification with the voice of rage and thwarted rebellion is ever more thoroughly compelled by the structure and tone of succeeding works, at the same time that the dangers of that role, both for its bearer and for others, are ever more explicitly argued. Readers of Le Neveau de Rameau are not forced by the inner logic of the text to choose (...) between Moi and Lui, and they can find in each a welcome counterbalance to and relief from the demands of the other. But in Notes from Underground the “gentlemen-readers” have nothing left to offer us, and the novel makes it impossible to feel anything less than the same contempt for their platitudes that the Underground Man himself flaunts. The clearest index of the development I am tracing is the formal shift from Diderot’s dialogue proper to Dostoyevski’s first-person novel, but this mutation is itself already a consequence of a more indirect and disturbing cause. Dostoyevski, in the famous cry of The Possessed, was certain that “‘the fire is in the minds of men and not in the roofs of houses’”;9 he believed that only the prior corruption of Russia’s intelligentsia, their eager surrender to the lure of conspiracy and violence, could have led so many of them to the acts of senseless catastrophe, fueled by ressentiment, false pride, and incoherent utopian fantasies, marks all of his most important post-Siberia political and cultural writings.10 9. Dostoyevski, The Possessed, trans. Garnett , p. 533.10. In The Brothers Karamazov, Dostoyevski explicitly states that the future revolution will be made by the Smerdyakovs. In the chapter “Over the Brandy,” for example, Ivan tells his father that Smerdyakov is “a prime candidate” to initiate a revolutionary uprising . Michael André Bernstein is professor of English and comparative literature at the University of California, Berkeley. He is the author of The Tale of the Tribe: Ezra Pound and the Modern Verse Epic and a book of poetry. His most recent contribution to Critical Inquiry is “‘O Totiens Servus’: Saturnalia and Servitude in Augustan Rome”. (shrink)

For Bakhtin the “gradual narrowing down” of the carnival’s regenerative power is directly linked to its separation from “folk culture” and its ensuing domestication as “part of the family’s private life.” Nonetheless, Bakhtin’s faith in the inherent indestructibility of “the carnival spirit” compels him to find it preserved, even if in an interiorized and psychological form, in the post-Renaissance literary tradition, and he specifically names Diderot, along with Molière, Voltaire, and Swift, as authors who kept alive the subversive possibilities of (...) a Saturnalian laughter . But, of course, as Bakhtin himself recognizes, much more has changed in both the nature and the effects of that laughter than merely its locus of action. The crucial difference, according to Bakhtin, is a new sense of terror felt at the heart of the post-Renaissance carnival grotesque:The transformation of the principle of laughter which permeates the grotesque, that is the loss of its regenerating power, leads to a series of other essential differences between Romantic grotesque and medieval and Renaissance grotesque…The world of Romantic grotesque is to a certain extent a terrifying word, alien to man…Something frightening is revealed in that which was habitual and secure. [Pp. 38-39]Directly linked to this burden of terror, of laughter as a response to dread, not exuberance, is a change in the literary function of madness:Other specific traits are linked with the disappearance of laughter’s regenerating power…. The theme of madness is inherent to all grotesque forms, because madness makes men look at the world with different eyes, not dimmed by “normal,” that is by commonplace ideas and judgments. In folk grotesque, madness is a gay parody of official reason, of the narrow seriousness of official “truth.” It is a “festive” madness. In Romantic grotesque, on the other hand, madness acquires a somber, tragic aspect of individual isolation. [P. 39]Bakhtin’s typology of laughter, for all its richly textured local insights, is haunted, from its inception, by a wistfully nostalgic longing for a realm of pure and ahistorical spontaneity, a rite of universal participation whose essentially affirmative character is guaranteed by its very universality. The most characteristic feature of such a carnival is, in fact, its abolition of all distinctions between participant and viewer:Carnival does not know footlights, in the sense that it does not acknowledge any distinction between actors and spectators. Footlights would destroy a carnival, as the absence of footlights would destroy a theatrical performance. Carnival is not a spectacle seen by the people; they live in it, and everyone participates because its very idea embraces all the people. While carnival lasts, there is no other life outside it…. It has a universal spirit: it is a special condition of the entire world, of the world’s revival and renewal, in which all take part. [P. 7]Yet as soon as the question of representation arises, whether in Rabelais or in his successors, the “footlights” which separate actor and spectator, reader and character, come into being, introducing the very divisions the work’s themes deny. Belatedness, the knowledge of coming after the festival has already been fragmented, is thus not limited to a post-Rabelaisian, bourgeois culture; it is itself a condition of every Saturnalian text, and what has changed is not the inclusiveness of the carnival per se but the literary consequences of acknowledging that belatedness. Michael André Bernstein, associate professor of English and comparative literature at the University of California, Berkeley, is the author of The Tale of the Tribe: Ezra Pound and the Modern Verse Epic and Prima della Rivoluzione, a volume of verse. He is currently at work on a book about the Abject Hero and literary genealogy. (shrink)

Cet ouvrage rassemble six études, dont trois (les chapitres 1, 2 et 6 ; voir p. 14) sont des versions révisées d’articles parus antérieurement dans divers périodiques. Il ne s’agit donc pas d’une monographie qui développe une argumentation continue sur un même thème, mais d’un recueil d’études distinctes sur différents dialogues socratiques, plus précisément sur les Apologies de Platon et de Xénophon (chap. 1 : « Plato and Xenophon on Socrates’ Behavior in Court (The Apologies) », p. 19-68),...

On compte plusieurs études sur la Politeia attribuée à Diogène, mais, sauf erreur de ma part, aucun livre ne lui avait jusqu’à maintenant été consacré, non plus qu’à la pensée politique de Diogène. L’ouvrage passionnant que Suzanne Husson (désormais S. H.) vient d’y consacrer démontre à l’évidence que la pensée politique de Diogène, et des cyniques en général, méritait une étude approfondie. Dans le premier chapitre de l’ouvrage (« Problèmes textuels », p. 21‑45), S. H. se penche sur les prin...

Festschrift in honor of S.P. Dubey, Indian philosopher; contributed articles.

André Padoux was among a small number of scholars, including Harvey P. Alper and Lilian Silburn, who introduced the study of Tantra to Western scholars. He authored such important works as Vāc: The Concept of the Word in Selected Hindu Tantras and Tantric Mantras: Studies on Mantrasastra. Padoux's 2017 Hindu Tantric World: An Overview is a significant revision of his 2010 Comprendre le tantrisme: Les sources hindoues.Padoux seeks to discover what constitutes Tantric Hinduism by investigating its essential notions and its (...) numberless practices. These are bound together, "since there is no practice without a theory that gives it meaning and explains it". He discusses the Tantric body, as it "is a... (shrink)

L'examen des diverses combinaisons des ordres des évangiles et des ordres bibliques des Quatre Vivants permet de montrer que l'identification des évangélistes avec les Vivants a visé d'abord à exprimer l'unité de l'Évangile un et quatre avant de caractériser leurs différences. Trois systèmes ont prévalu dans l'antiquité. Dans le plus ancien, Marc est identifié à l'Aigle ; dans un autre système, Marc est identifié à l'Homme ; dans le système reçu, finalement Marc est identifié au Lion . A l'origine, l'Apocalypse (...) est le lieu biblique fondamental, mais en Orient puis en Occident, Ézéchiel supplante l'Apocalypse. La conjonction de l'ordre reçu des évangiles et de la séquence des Vivants en Ez 1,10 a donné le système habituel depuis S. Jérôme: Mt = Homme; Mc = Lion; Lc = Taureau; Jn = Aigle. (shrink)

The paper explores the status of the proposition "God exists" in late scholastic debates of the sixteenth and seventeenth centuries in some key authors of the era. A proposition is said to be self-evident if its truth is known solely from the meaning of the terms and is not inferred from other propositions. It does not appear to be immediately evident from the terms that God exists, for the concept expressed by "God" is based on the relation to creatures and (...) negation of imperfection and does not reach to the divine essence. Thomas Aquinas maintains that there are two types of self-evident propositions: those self-evident in themselves but not to us and those self-evident in themselves as well as to us. "God exists" is of the fi rst type. For Scotus a self-evident proposition is such that if its terms are conceived by any intellect, the truth of the proposition becomes known from the terms, non-inferentially. In his view there is no distinction between a self-evident proposition in itself and that in relation to us, because any proposition self-evident in itself is known to be such to any intellect, even though it might not be actually known; it would be known, provided that the terms are conceived. So for Scotus the sentence "God exists" expresses diff erent propositions for the blessed in heaven, the angels and God on the one hand and humans on the other. The former is self-evident, the latter is not. While later scholastics accept either the solution of Thomas or that of Scotus, according to which "God exists" is not self-evident for humans, Thomas de Argentina diff ers in that for him "God exists" is self-evident for humans too. The position of Thomas Aquinas was defended by Domingo Ban¯ez, Francisco Zumel and Gregorio de Valentia. In contrast, Johannes Poncius was a famous adherent of Scotus. There is a fair number of scholastics harmonizing the doctrine of Thomas and Scotus: Bernard Sannig, Luis de Molina, Gabriel Vázquez, Rodrigo de Arriaga and Jean Lalemandet. According to these authors, when Thomas says that "God exists" is self-evident in itself, he speaks about the extensional proposition, i.e. the state of affairs being conceptualized, which does not contradict Scotus’s teaching. © FILOSOFIA, 2013. (shrink)