The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...) a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...) a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

The first segment starts with a definition of two dimensions of the concept of rule of law; related to the notion of sovereignty and as a concept to control arbitrariness on the part of the ruler. The segment proceeds to give a historical account of the notion and the different stages of its epistemological configuration, from the ancient Greek notion of Eunomia and its incompatibility with the popular rule to the current notion, where the rule of law has become fused (...) with democracy and human rights. The first segment also focuses on the relation between the concept of the rule of law and other principles, such as proportionality, neutrality, and effectiveness. The second segment of the paper analyses the phenomenon of juridification of the rule of law in international treaties and domestic constitutions. It pays particular attention to the role that constitutional accommodation plays in the process of rationalization of the rule of law as a prerequisite to its idealization and mystification. It analyses the reason why this principle is an essential feature of the constitutionalism despite the inner plurality of legal systems. The next aspect, analysed in the third segment of this paper, is the messianic use of the concept of the rule of law. The paper performs a critical definition of messianic, covering a theological perspective and the different theories and concepts that go hand in hand with the idea of the Messiah, such as the “coming”, prophetical and apocalyptical messianism, the phenomena of eschatology, expiation and redemption pictured in Judaism. The segment also covers the secular transplantation of the messianic thought. The last segment is a conclusion returning to the themes identified in the paper and summarises how the messianic thought is applied in the realm of the rule of law. (shrink)

En este artículo se propone una interpretación no paradójica de la defensa que hiciera Hobbes del realismo científico de corte materialista. Se trata de explicar cómo este autor pudo defender la verdad del materialismo y, a la vez, negar que ello pudiera ser demostrado metafísicamente. La clave de su posición depende del uso metafórico del concepto de 'imitación' y del tratamiento del poder infinito e irresistible de dios como su atributo filosóficamente relevante. Así, la intención de Hobbes consistiría en decir (...) que la explicación, que no demostración, de la verdad del materialismo depende de la paridad y continuidad ontológica entre el mundo y el ser humano, tal y como éstas son explicadas por la ciencia empírica. En este sentido el proyecto de Hobbes, bien distinto al de Descartes, sería un intento de naturalizar la epistemología que, no obstante, es consciente de los límites metafísicos que afectan a las propuestas naturalizadoras de la filosofía. (shrink)

Este artículo se ocupa del problema de cuál pueda ser la naturaleza de la creencia y cuál la mejor explicación de su normatividad. Se analizan diversas teorías que desarrollan el modelo ¿estado más contenido¿, y se presenta como alternativa una concepción de filiación wittgensteiniana que entiende la creencia como acción simbólica y expresiva.

In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas (...) in Faktizität und Geltung. In this connection, through the work of Ackerman, we intend to fill in some of the gaps that Habermas appears to have left in the theory of radical democracy applied to the law. The work of Ackerman can make a significant contribution to deliberative democracy, to the discourse principle that Habermas defines, and to the contractualist theories from a liberal perspective. The study of these contributions makes possible a critical judgment that enables the legitimation of juridical rules carried out by Habermas to acquire greater practicity. In examining the epistemological status of juridical science and law, we attempt to determine the weight and the performance of normative democracy. In Tarr's view, it is a matter for philosophers to examine direct democracy and its desirability. (shrink)

Background. As the development and use of genetic tests have increased, so have concerns regarding the uses of genetic information. Genetic discrimination, the differential treatment of individuals based on real or perceived differences in their genomes, is a recently described form of discrimination. The range and significance of experiences associated with this form of discrimination are not yet well known and are investigated in this study. Methods. Individuals at-risk to develop a genetic condition and parents of children with specific genetic (...) conditions were surveyed by questionnaire for reports of genetic discrimination. A total of 27,790 questionnaires were sent out by mail. Of 917 responses received, 206 were followed up with telephone interviews. The responses were analyzed regarding circumstances of the alleged discrimination, the institutions involved, issues relating to the redress of grievances, and strategies to avoid discrimination. (shrink)

La meva intenció en les pàgines següents és analitzar la teoria del llenguatge que es troba en el Cràtil de Plató. D'una banda, s'analitza la concepció del significat de les paraules quePlató sembla defensar en aquest diàleg; de l'altra, s'ocupa del problema dels orígens delllenguatge. Aquestes qüestions s'estudien en relació amb la perspectiva ontològica i epistemològicade Plató: essencialisme, teoria de la reminiscència i les tesis dels sofistes sobre laimpossibilitat de parlar amb falsedat. La conclusió és que en el Cràtil podem (...) trobar ja la preparació de la teoria del llenguatge que Plató necessitarà per a la seva ulterior teoria de les idees. (shrink)

La meva intenció en les pàgines següents és analitzar la teoria del llenguatge que es troba en el Cràtil de Plató. D'una banda, s'analitza la concepció del significat de les paraules quePlató sembla defensar en aquest diàleg; de l'altra, s'ocupa del problema dels orígens delllenguatge. Aquestes qüestions s'estudien en relació amb la perspectiva ontològica i epistemològicade Plató: essencialisme, teoria de la reminiscència i les tesis dels sofistes sobre laimpossibilitat de parlar amb falsedat. La conclusió és que en el Cràtil podem (...) trobar ja la preparació de la teoria del llenguatge que Plató necessitarà per a la seva ulterior teoria de les idees. (shrink)

This book is a unique exploration of the idea of the "second person" in human interaction, the idea that face-to-face interactions involve a distinctive form of reciprocal mental state attributions that mediates their dynamical unfolding. Challenging the view of mental attribution as a sort of "theory of mind", Pérez and Gomila argue that the second person perspective of mental understanding is the conceptually, ontogenetically, and phylogenetically basic way of understanding mentality. Second person interaction provides the opportunity for the acquisition of (...) concepts of mental states of increasing complexity. The book reviews the growing interest in a variety of second person phenomena, both in development and in adulthood, presenting research that shows how participants in human interaction attribute psychological states of a referentially transparent kind to each other. This review documents the spontaneous preference for face-to-face interaction, from eye contact to joint attention, from forms of vitality to communicative intentions, from interaction detection to joint action, and from synchrony to interpersonal coordination. Also looking at the implications and applications of the second person perspective within fields as diverse as art and morality, this book is fascinating reading for students and academics in social and cognitive psychology, cognitive science, neuroscience, and philosophy. (shrink)

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...) a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

Este artículo se ocupa del problema de cuál pueda ser la naturaleza de la creencia y cuál la mejor explicación de su normatividad. Se analizan diversas teorías que desarrollan el modelo ¿estado más contenido¿, y se presenta como alternativa una concepción de filiación wittgensteiniana que entiende la creencia como acción simbólica y expresiva. This paper is devoted to the question of the nature of belief, and what the best explanation of its normativity is. Several theories based on the model "state (...) plus content" are analysed, and is presented a wittgensteinianan conception which understands belief as symbolic and expressive action. (shrink)

In this paper a non-paradoxical interpretation of Hobbes’s defence of scientific realism of materialistic type is proposed. It attempts to explain how this author was able to defend the truth of materialism and at the same time to deny that it could be demonstrated in a metaphysical way. The key to his position depends on the metaphorical use of the concept of ‘imitation’ and the treatment of the infinite and irresistible power as the philosophically relevant attribute of God. So Hobbes’s (...) intention would consist of saying that the explanation, but not the demonstration, of the truth of materialism depends on the ontological parity and continuity between the world and the human being, in the way in which they are explained by empirical science. In this sense Hobbes’s project, very different to Descartes’s one, would be an attempt to naturalise the epistemology that yet is conscious of the metaphysical limits affecting the naturalistic proposals of philosophy. (shrink)

A key aim in biology and psychology is to identify fundamental principles underpinning the behavior of animals, including humans. Analyses of human language and the behavior of a range of non-human animal species have provided evidence for a common pattern underlying diverse behavioral phenomena: Words follow Zipf's law of brevity (the tendency of more frequently used words to be shorter), and conformity to this general pattern has been seen in the behavior of a number of other animals. It has been (...) argued that the presence of this law is a sign of efficient coding in the information theoretic sense. However, no strong direct connection has been demonstrated between the law and compression, the information theoretic principle of minimizing the expected length of a code. Here, we show that minimizing the expected code length implies that the length of a word cannot increase as its frequency increases. Furthermore, we show that the mean code length or duration is significantly small in human language, and also in the behavior of other species in all cases where agreement with the law of brevity has been found. We argue that compression is a general principle of animal behavior that reflects selection for efficiency of coding. (shrink)

In a series of influential articles, Rae Langton has argued that Austinian speech-act theory can illuminate the way in which pornography contributes to the subordination of women. I will argue that Langton’s application of Austin is incorrect. In earlier work, I have argued against Langton’s view on the grounds that being subordinated is not the sort of condition that can be brought about through an illocutionary act. In this paper, however, I will set aside that objection and focus instead on (...) Langton’s claims about the type of illocutionary act pornography might be. I will argue, first, that Langton cannot say what she wants to say about the content of pornography and still have it that pornography is a verdictive or exercitive speech act, in Austin’s sense. Verdictive and exercitive speech acts do not, and cannot describe the states of affairs they bring about. Second, I will argue that pornography does not in any case satisfy the conditions necessary for a speech act to be verdictive or exercitive. Specifically, there do not exist accepted background conventions that would give the pornographer authority to render verdicts or to take executive action. This objection to Langton’s view has been made before; I’ll show that her response to the objection betrays a confusion of authority with power. (shrink)

Se presentan las ideas centrales y la estructura del libro de Diana I. Pérez y Antoni Gomila Social Cognition and the Second Person in Human Interaction (Routledge, 2021).

Abordamos aquí los diferentes comentarios críticos sobre las ideas centrales del libro Social Cognition and the Second Person in Human Interaction. En primer lugar, aclaramos algunos aspectos de la propuesta: la relación entre las interacciones de la segunda persona y las expresiones corporales de los estados psicológicos atribuidos y el papel que éstas tienen en la adquisición de los conceptos psicológicos más básicos. A continuación precisamos el sentido en que las atribuciones de la segunda persona son prácticas y transparentes. Por (...) último, destacamos el papel ubicuo de la normatividad en las interacciones de la segunda persona, enfatizando las asimetrías que existen en estas relaciones y mostramos por qué sostenemos que no hay interacciones desprovistas de normatividad a las que ésta posteriormente se les añade. (shrink)

Here we study polysemy as a potential learning bias in vocabulary learning in children. Words of low polysemy could be preferred as they reduce the disambiguation effort for the listener. However, such preference could be a side-effect of another bias: the preference of children for nouns in combination with the lower polysemy of nouns with respect to other part-of-speech categories. Our results show that mean polysemy in children increases over time in two phases, i.e. a fast growth till the 31st (...) month followed by a slower tendency towards adult speech. In contrast, this evolution is not found in adults interacting with children. This suggests that children have a preference for non-polysemous words in their early stages of vocabulary acquisition. Interestingly, the evolutionary pattern described above weakens when controlling for syntactic category (noun, verb, adjective or adverb) but it does not disappear completely, suggesting that it could result from a combination of a standalone bias for low polysemy and a preference for nouns. (shrink)

Some poststructuralist feminist theorists hold that the body is merely the product of cultural determinants and that gender is a free-floating artifice. I discuss how this "denaturalization" of gender and the body entrenches us yet deeper in the nature/culture dichotomy. The body, I maintain, needs to be "renaturalized" so that its earthy significance is recognized. Through a feminist reappropriation of Merleau-Ponty's phenomenology of the body, I develop a noncausal linkage between gender and the body. I present the body as an (...) indeterminate constancy that is culturally and historically contextualized, on the one hand, yet part of our embodied givenness on the other. Interspersed throughout the paper are passages that describe my own bodily condition as I wrote the paper. (shrink)

To contribute more effectively to conservation reform, environmental ethics needs a motivational turn, referenced to the best scientific information about motivation. I address the pivotal questions What actually motivates people to conserve nature? and What ought to motivate people to conserve nature? by proposing a framework for understanding motivations and developing motivationally relevant criteria for environmental ethics. The need for an adequate philosophy of psychology for moral philosophy, identified by Elizabeth Anscombe 50 years ago, remains. Only from a psychologically informed (...) motivational framework for morality can ethicists understand and address the widespread rhetoric behaviors gap plaguing conservation. (shrink)

In this paper I argue that, in addition to having an obligation to resist the oppression of others, people have an obligation to themselves to resist their own oppression. This obligation to oneself, I argue, is grounded in a Kantian duty of self-respect.

This paper gives a concise overview of the history and meaning of Socratic Dialogue and how it has been developed and used in modern times. The process of Socratic dialogue is seen as an environment for enhancing learning and in enabling the emergence of new meaning to be articulated in language, thereby making the understanding more accessible to the group. The authors also share their perspective as participants in Socratic dialogues. It is suggested that Socratic dialogue enables open communication and (...) empathic listening, development of shared meaning, enhanced insight and increased moral accountability. (shrink)

William James's influence on Richard Rorty's neopragmatism increased during the last decade of his life. I point out two themes that are not entirely consistent in Rorty's vision of the future of philosophy. Rorty's later “romantic polytheism” was more pluralistic and closer to James's view than his earlier atheism, but his commitment to the “linguistic turn” prevented him from accepting James's reconstruction of metaphysics and epistemology. I argue that Rorty's rejection of the concept of experience committed what James called the (...) fallacy of “vicious intellectualism,” and yet the overall impact of his work was enormously beneficial in challenging the traditional self‐image of philosophy and moving it in the direction of James's pluralism. (shrink)

In earlier work ( Cleland [2001] , [2002]), I sketched an account of the structure and justification of ‘prototypical’ historical natural science that distinguishes it from ‘classical’ experimental science. This article expands upon this work, focusing upon the close connection between explanation and justification in the historical natural sciences. I argue that confirmation and disconfirmation in these fields depends primarily upon the explanatory (versus predictive or retrodictive) success or failure of hypotheses vis-à-vis empirical evidence. The account of historical explanation that (...) I develop is a version of common cause explanation. Common cause explanation has long been vindicated by appealing to the principle of the common cause. Many philosophers of science (e.g., Sober and Tucker) find this principle problematic, however, because they believe that it is either purely methodological or strictly metaphysical. I defend a third possibility: the principle of the common cause derives its justification from a physically pervasive time asymmetry of causation (a.k.a. the asymmetry of overdetermination). I argue that explicating the principle of the common cause in terms of the asymmetry of overdetermination illuminates some otherwise puzzling features of the practices of historical natural scientists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response 2: “Pessimism of the Intellect, Optimism of the Will”Antonis BalasopoulosLet me begin with a few words on my title, which was chosen as reflecting the nature of the orientation of my work in the field of utopian studies and therefore also of my orientation toward the theme of this roundtable. As Francesca Antonini puts it in a recent essay, the phrase, which became associated with the work of (...) Antonio Gramsci though it originates in Romain Rolland, describes “the (seemingly contradictory) coexistence of a realistic description of the status quo, on the one hand, and a genuine commitment to the possibility of transforming reality, on the other.”1Anyone who has read Thomas More’s Utopia knows that Rolland’s and Gramsci’s formula very much describes that book’s bifurcation between a voice of relentless critique of what exists in Europe—and particularly in England—in More’s time (in Book 1) and a voice preoccupied with the description of an alternative, and arguably better, world (in Book 2). This bifurcation, it is equally well known, is part of the genetic material More’s book bequeathed to its successors, so that one calls a “utopia” a (mostly, though not always) literary text, where the “realistic description of the status quo” coexists with a vision arising out of a “commitment to the possibility of transforming reality”—admittedly in different admixtures and proportions of [End Page 544] the critical or negative and the anticipatory, projective or prefigurative elements. Though Ernst Bloch’s distinction between “cold” and warm” streams within Marxism is not identical to this first binary, it is certainly related to it, so that the “cold” stream is one that privileges the rational and analytical element (usually, I would propose, in relation to the part of the Marxist tradition we know as “critique of political economy”), while the “warm stream” is one that rather foregrounds that which relates to affect, to desire, hope, or fidelity to the transformative project (these are frequently correlated to those elements of Marxism that correspond to its also being a political and philosophically imbued creed).2 What follows here, then, explores the implications of the dialectical interplay between these two sets of oppositions—and hopefully justifies such insistence on dialectic itself.3To the extent that I can see, the basic themes and areas of concentration in my colleagues’ essays involve decolonizing utopian studies as a project; addressing, in that connection, the heterogeneity of utopianisms that emerge out of a number of marginalized subjectivities; the provenance of the questions of ecology, sustainability, animal life for the present and future of utopian studies (and to some degree, for utopianism’s past); and finally, the question of utopian forms of social activism and therefore also the search for spaces beyond the walls of academic insularity. These are important and largely interconnected questions, but I am afraid I will only have the space to touch on them briefly and sketchily here.In her cogent and multifaceted intervention, Caroline Edwards begins her reflections on the task of decolonizing utopian studies by noting the high investment of fin-de-siècle utopian fiction in notions of industrial progress, noting that such notions have involved “lasting damage” for “Black writers, artists, and thinkers.” Within this framework, she evokes Joseph R. Winters’s argument that “modern notions of progress and freedom are inherently flawed,” since they are founded on the oppressive traditions of capitalism and colonialism. In turn, this leads to an argument against the teleological futurism of most nineteenth-century utopias and in support of the deconstruction of “the idea of historical progress unfolding in Hegelian dialectical stages.” What is to replace this is a hauntological (after Derrida) conception of the relation between the present and the past, for which “the present is always a site of potential breaks and ruptures that can signify both dislocation and pain as well as novelty and possibility.” In a similar vein, Heather Alberro questions the teleological futurism of an earlier tradition of utopia, evoking Laurence Davis’s observation on the importance of [End Page 545] “neglected or suppressed possibilities for qualitatively better forms of life” within the “Now.” The desideratum is, again... (shrink)

Some poststructuralist feminist theorists hold that the body is merely the product of cultural determinants and that gender is a free-floating artifice. I discuss how this “denaturalization” of gender and the body entrenches us yet deeper in the nature/culture dichotomy. The body, I maintain, needs to be “renaturalized” so that its earthy significance is recognized. Through a feminist reappropriation of Merleau-Ponty's phenomenology of the body, I develop a noncausal linkage between gender and the body. I present the body as an (...) indeterminate constancy that is culturally and historically contextualized, on the one hand, yet part of our embodied givenness on the other. Interspersed throughout the paper are passages that describe my own bodily condition as I wrote the paper. (shrink)

Encounters with art can change us in ways both big and small. This paper focuses on one of the more dramatic cases. I argue that works of art can inspire what L. A. Paul calls transformations, classic examples of which include getting married, having a child, and undergoing a religious conversion. Two features distinguish transformations from other changes we undergo. First, they involve the discovery of something new. Second, they result in a change in our core preferences. These two features (...) make transformations hard to motivate. I argue, however, that art can help on both fronts. First, works of art can guide our attempt to imagine unfamiliar ways of living. Second, they can attract us to values we currently reject. I conclude by observing that what makes art powerful also makes it dangerous. Transformations are not always for the good, and art's ability to inspire them can be put to immoral ends. (shrink)