Carl Schmitt is the most important anti-liberal political theorist of the European interwar period (1918-1939). His theories on the state of exception, dictatorship, and his criticism of parliamentary democracy are very well known. However, what remains unknown to this day is how his ideas had a remarkable influence on the ideologues of the Francoist state between 1939 and 1942. During these years, a debate developed among Francoist jurists about whether Francisco Franco was a “sovereign dictator,” that is, a dictator legitimized (...) by popular consent, or rather a new kind of “monarch” that emerged in the context of the Spanish Civil War (1936-1939). This paper aims to explain how two ideological factions formed in Francoist Spain. The “Decisionist Francoism” of Juan Beneyto Pérez, Francisco Elías de Tejada, and Luis Legaz Lacambra held that Franco emerged as a reaction to the process of “legalization” triggered by liberalism in Spain. The “Weberian Francoism” of Francisco Javier Conde held that Franco was a charismatic and traditional leader whose position emerged in response to the Civil War. I explain how three concepts of Schmitt's anti-iberalism inspired Francoist theorists: political theology, dictatorship, and the rejection of parliamentary democracy. (shrink)

Journal of Political Philosophy, EarlyView.

Journal of Social Philosophy, Volume 53, Issue 3, Page 421-440, Fall 2022.

ABSTRACTIn our daily lives, we need to predict and understand others’ behavior in order to navigate through our social environment. Predictions concerning other humans’ behavior usually refer to th...

Should contemporary citizens provide material redress to right past wrongs? There is a widespread belief that contemporary citizens should take responsibility for rectifying past wrongs. Nahshon Perez challenges this view, questioning attempts to aggregate dead wrongdoers with living people, and examining ideas of intergenerational collective responsibility with great suspicion. He distinguishes sharply between those who are indeed unjustly enriched by past wrongs, and those who are not. Looking at issues such as the distinction between compensation and restitution, counterfactuals and the (...) non-identity problem, Perez concludes that individuals have the right to a clean slate, and that almost all of the pro-intergenerational redress arguments are unconvincing. Key Features *Unique in claiming past wrongs should not be rectified *Analyses pro-intergenerational material redress arguments *Case studies include court cases from Australia, Northern Cyprus, the United States and Austria, and political and social movements from the US, Palestine and Arab countries. (shrink)

How can expressivists make sense of the practice of communication? If communication is not a joint enterprise aimed at sharing information about the world, why do we engage in communication the way we do? Call this *the problem of communication*. Starting from basic assumptions about the rationality of speakers and the nature of assertion, we argue that speakers engaging in conversation about normative matters must presuppose that there is a unique normative standard on which the attitudes of conversational participants ought (...) to converge. This gives the beginning of a solution to the problem of communication on behalf of expressivists. (shrink)

Homework have different familiar impact in each familiar environment. In order to uncover the attitudes parents take towards their children’s homework, a national study about family balance, where 471 people have been interviewed, is done. The results show that women are more likely to help children doing homework. The study concludes making evidence some changes.

This article has two main goals: to examine and classify the ways data can be used to advance normative theorizing in political theory, and to demonstrate such usages in the contested disciplinary field of religion–state relations and specifically regarding the hotly debated model of the separation of religion and state. Regarding the former, it is suggested here that the general observation that evaluation of political institutions must rely on proper understanding of such institutions and hence be data-sensitive, can be further (...) detailed or classified, via the following categories: conversion, institutional clarity, theoretical clarity and finally, theory improvement. With regard to the latter we examine how data regarding religion–state relations enables a better understanding (via the noted novel classifications or categories) of two important debates: ‘delineation’ (i.e. the argument that pure separation of religion and state does not exist) and ‘separation-establishment’ (i.e. arguing that models other than separation are permissible in religion–state relations). (shrink)

This article has two main goals: to examine and classify the ways data can be used to advance normative theorizing in political theory, and to demonstrate such usages in the contested disciplinary field of religion–state relations and specifically regarding the hotly debated model of the separation of religion and state. Regarding the former, it is suggested here that the general observation that evaluation of political institutions must rely on proper understanding of such institutions and hence be data-sensitive, can be further (...) detailed or classified, via the following categories: conversion, institutional clarity, theoretical clarity and finally, theory improvement. With regard to the latter we examine how data regarding religion–state relations enables a better understanding (via the noted novel classifications or categories) of two important debates: ‘delineation’ (i.e. the argument that pure separation of religion and state does not exist) and ‘separation-establishment’ (i.e. arguing that models other than separation are permissible in religion–state relations). (shrink)

Republican theorists have paid little attention to the normative problems of secession conflicts. So far, there is no such thing as a democratic republican theory of right of secession ; nor any comprehensive analysis of current TRS has ever been undertaken from a democratic republican point of view. This article tries to fill this second gap as a first step in order to fill that first one. In doing so, it shows how secession conflicts pose threats for two core democratic (...) republican values: freedom and inclusion. The threats are, concretely, those of exclusion, blackmailing minorities, arbitrary permanent majorities, and instability. The article also shows how, due to their respective pro-unionist or pro-secessionist biases, no current TRS seems to be able to handle those threats; and briefly outlines how a democratic republican TRS, based on a non-unilateralist logic, could be developed. (shrink)

The susceptibility of online learning to cheating behavior remains a contentious and unresolved issue. A cross-sectional explanatory research design was utilized to test the hypothesized factors influencing academic cheating in online learning. Our study involved 562 participants, selected through a non-probability sampling technique, who were surveyed using online questionnaires designed to measure the identified factors. We tested the hypotheses by utilizing path analysis through the partial least square regression approach within the SMART-PLS software. The demographics such as gender and age (...) of the students, along with the roles of teachers and school administration significantly influenced the students’ instances of self-reported academic cheating. The students’ attitude toward academic cheating emerged as an important factor in predicting cheating behaviors. The paper concludes with recommendations for future research explorations into other potential factors that may contribute to academic dishonesty in online learning. (shrink)

The expressivist account of knowledge attributions, while claiming that these attributions are nonfactual, also typically holds that they retain a factual component. This factual component involves the attribution of a belief. The aim of this work is to show that considerations analogous to those motivating an expressivist account of knowledge attributions can be applied to belief attributions. As a consequence, we claim that expressivists should not treat the so-called factual component as such. The phenomenon we focus on to claim that (...) belief attributions are non-factual is that of normative doxastic disagreement. We show through several examples that this kind of disagreement is analogous to that of the epistemic kind. The result will be a doxastic expressivism. Finally, we answer some objections that our doxastic expressivism could seem to face. (shrink)

We seek to add to the Corporate Social Responsibility (CSR) and Sustainable Development (SD) literature through the empirical study of Latin American firm membership in the United Nations Global Compact (GC) and Global Report Initiative (GRI). Within an institutional-based framework, we explore through three filters – commercial, state-signaling, and distinguished peers – the impact of normative and mimetic pressures associated with GC/gri membership. Our sample includes 207 public firms from six Latin American countries (Argentina, Brazil, Chile, Colombia, Mexico, and Peru). (...) Our results suggest Latin American firms from countries with a greater European influence (normative pressure) are twice as likely to be enrolled in the GC/gri. Additionally, we find that Latin American firms listed on the NYSE (mimetic pressure) are also twice as likely to sign up under the GC/gri. Hence, the normative and mimetic pillars of institutional theory are found to be significant factors for Latin American firms adopting sustainability initiatives. (shrink)

This article develops a typology of usages for empirical data in normative theorizing in ‎contemporary political theory. A typology of usages is indicated, providing definitions, ‘names’ and an analysis for each ‎usage, and points to the typical stage within political theory research for each usage. The typology is built in a casuistic methodology. It includes the following categories: Spotlighting, Definition, ‎‎ Conversion, Institutional clarity, Theoretical clarity, and Theory improvement. The typology creates a novel toolbox that can be adopted by political (...) theorists; and it clarifies the methods and achievements of data-sensitive political theory. (shrink)

A realistic axiomatic formulation of nonrelativistic quantum mechanics for a single microsystem with spin is presented, from which the most important theorems of the theory can be deduced. In comparison with previous formulations, the formal aspect has been improved by the use of certain mathematical theories, such as the theory of equipped spaces, and group theory. The standard formalism is naturally obtained from the latter, starting from a central primitive concept: the Galilei group.

We present a deductive theory of space-time which is realistic, objective, and relational. It is realistic because it assumes the existence of physical things endowed with concrete properties. It is objective because it can be formulated without any reference to cognoscent subjects or sensorial fields. Finally, it is relational because it assumes that space-time is not a thing but a complex of relations among things. In this way, the original program of Leibniz is consummated, in the sense that space is (...) ultimately an order of coexistents, and time is an order of succesives. In this context, we show that the metric and topological properties of Minkowskian space-time are reduced to relational properties of concrete things. We also sketch how our theory can be extended to encompass a Riemannian space-time. (shrink)

This paper offers a critique of recent attempts, by George Sher and others to justify compensation to be paid to descendants of deceased victims of past wrongs. This recent attempt is important as it endeavours to avoid some well-known critiques of previous attempts, such as the non-identity problem. Furthermore, this new attempt is grounded in individual rights, without invoking a more controversial collectivist assumption. The first step in this critique is to differentiate between compensation and restitution. Once this important distinction (...) is clear, an examination of several factors follows: the importance of the passage of time vis-à-vis claims for compensation and/or restitution, the responsibility of the would be payers, the responsibility of the descendants of the victims, the welfare level of the descendants of the victims, information-related issues, and several additional factors. The conclusion is that once we take into account the distinction between compensation and restitution, and the additional factors mentioned, the case for compensation and/or restitution under the ‘continuing injustice argument’, is highly limited. (shrink)

As opposed to Descartes, and in accordance with authors such as Nietzsche, Darwin or Chomsky, Pinker sustains that language is just another instinct of human nature. But he differs himself from Chomsky by affirming that language is also the result of the mechanism of natural selection. Recent discoveries seem to strengthen Pinker’s thesis, in as far as it has been possible to establish a link between the FOXP2 gene and language. Philosophy should take good note of these results, as they (...) fully affect the status of lógos: from now on, it is possible, without needing to resort to any type of transcendence, to consider language as constitutive of human singularity regarding other species and, at the same times, as just another avatar in the evolution of the natural world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Light that Binds: A Study in Thomas Aquinas's Metaphysics of the Natural Law by Stephen BrockAngel Perez-LopezThe Light that Binds: A Study in Thomas Aquinas's Metaphysics of the Natural Law by Stephen Brock (Eugene, OR: Pickwick, 2020), xv + 277 pp.How does the natural law fit the definition of law? Opinions clash among different interpreters of Saint Thomas Aquinas. Stephen Brock's book provides both a magisterial and (...) a definitive answer to this question.Like fine wine, this book has been fermenting and maturing for almost thirty years. Originally a doctoral dissertation, this recently published work has been rewritten, and to a certain extent, reworked by the author with respect to some of its content.Without disregard for nuances, the first chapter introduces the reader to four different groups of Aquinas's interpreters. The first two groups question the full legal character of the natural law in its dependence to the eternal law. The third one questions its naturalness. The fourth group, instead, upholds both the divine origin of the natural law's full legality in its dependence on the eternal law, as well as its natural character.Brock places Dom Odo Lottin, Wolfgang Kluxen, Germain Grisez, and John Finnis in the first group. They maintain that the natural law is a law only in a qualified sense and that it does not entirely fulfill the definition of law. The natural law would provide an intrinsic morality. It should be treated independently from the eternal law. The second group is composed by authors such as Frederick Copleston, Alan Donagan, or Gregory Stevens. Similar to the first group, they argue that the natural law is an autonomous self-standing law, legislated by human reason. Thus, it should be treated independently from the eternal law, except to point out its ultimate origin.The author who exemplifies the third position is Ernest Fortin. Reacting against Finnis, Fortin's position jeopardizes the natural character of the natural law. In his view, the legal force of the first principles of practical reason is not fully actualized until one recognizes the divine institution sanctioning them. [End Page 981]All the authors of the fourth group uphold that the natural law is fully a law on account of its divine origin and that it is also entirely natural insofar as it is naturally known by human reason. Herein Brock places commentators of Saint Thomas such as Francisco Suarez, Dominic Farrell, Lawrence Dewan, and himself. He also includes in this last group other philosophers such as G. E. M. Anscombe and Peter Geach. In the course of his whole study, Brock shows how Aquinas's true position differs from the other members of this group. Special attention is given to the differences between Aquinas's true mind and the interpretations offered by Suarez, Farrell, and, to a certain degree, even by Dewan. In order to better appreciate the depth of this process, I have found it very helpful to read Farrell's The Natural Law According to Aquinas and Suarez in conjunction with Brock's work.The second chapter targets the natural law's legal character in its dependence to the eternal law. It proves that Thomas provides a strict definition of the natural law when he says that it is nothing but a participation of the eternal law in the rational creature. This chapter opens with a historical study concerning the influence of the Summa Fratri Alexandri in the Summa theologiae (ST). Aquinas's understanding of the dependence of the natural law on the eternal law turns out to be more systematic and refined. It is based on a fuller comprehension and development of what law is (the ratio legis).The remainder of the second chapter consists in a superb commentary regarding ST, I-II, q. 91, a. 2, on whether something existing in man is fit to be called a natural law. Promulgation is the element of the definition of law that specifies the different kinds of laws. Hence, the natural law is differentiated from the others by its natural promulgation, namely, by the act through which the order of the eternal law (already instituted by God... (shrink)

Frente a la imagen de un Vico ajeno a las exigencias del rigor metódico, este trabajo se propone plantear: a) Que la preocupación por el problema del método es una constante en el pesamiento de Vico. b) Que su aportación debe considerarse especialmente relevante en lo que atañe a los actuales empeños rehabilitadores de la racionalidad práctica y, en particular, para las más recientes teorias de la argumentación jurídica. c) Que, no obstante lo anterior, la actitud metódico jurídica de Vico (...) no puede ser calificada de meramente "retórica", más bien, entraña un intento de proyectar principios de justificación racional a los tópicos argumentativos del Derecho; o a propiciar un esfuerzo integrador de los topoi retóricos de las controversias jurídicas con las exigencias justificatorias de la razón práctica. Para explicitar este enfoque se procederá a abordar, por aproximación sucesiva, tres cuestiones: 1ª) Los aspectos básicos del actual debate sobre la racionalidad juridica y la teoría de la argumentación en el Derecho. 2ª) La apelación a Vico como punto de partida del nuevo interés por la revalorización de la tópica jurídica. 3ª) El significado de la argumentación en el "interior" de la reflexión metódica viquiana y en sus proyecciones "externas" al presente. (shrink)

Sharia is a religious legal system that is based on the divine mandates revealed in the Quram and the Sunna as has been interpreted bu the main Islamic Schools of Law, both Sunni and Shiita. In orden to understand what is at stake, distinctions between the main Islamic traditions in this ground was one of the factors that have led to an imprecise use of terminology of the Quram which refers to the Islamic divorce, that is: the Talaq. Its confusion (...) has also been reflected in the case law of the Spanish Supreme Court which regards to the effects of Talaq under the Spanish Civil Law. Bilateral Accord concluded betwen the Spanish Goverment and the Islamic Religious Comunities of Spain has not regulated the requirements of the recognition of the islamic divorce in our legal system. Nevertheless, whether repudiation has been made under the Civil Law of a Muslim State, it could be recognized in Sapin under the rules of procedure of the International Private Law. The main purpose of such recognition is to guarantee the basic civil rights and liberties of the woman who has been repudiated. (shrink)

There have been several attempts to identify what Aristotle holds as distinctive to magnificence. The most common interpretation is that magnificence is generosity of large wealth. Irwin proposes an alternative where magnificence is generosity applied to complicated common-good projects while Curzer’s alternative is that magnificence is heroic generosity. My position is that these three positions misinterpret Aristotle’s magnificence by explicitly or implicitly rejecting some of the claims that Aristotle makes.

Recently, Alper, Bridger, Earman and Norton have all proposed examples of dynamic systems that, in their view, are incompatible with classical (Newtonian) mechanics. In the first section of the present paper I shall show that their arguments are all undermined by the same fallacy. The second section proves that their conclusions of incompatibility are indeed false, and that what we are really looking at are new forms of indeterminist evolution of the same kind as that found recently in the literature (...) on supertasks. In the third section of the paper, I argue that one of these new forms of evolution is particularly interesting, and that analysis of it leads to a new vision of the relation between interaction by contact and impenetrability. Introduction The fallacy Understanding some physical supertasks A philosophically interesting implication: contact and impenetrability. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Catholic Conscience and Civil Disobedience:The Primacy of TruthAngel Perez-Lopez and Israel Perez-LopezIntroductionSacred Scripture describes different examples of moral conscience dictating civil disobedience. For instance, think of the situation of Daniel (see Dan 6:6–10). In this and many other cases, we always find, above all, a defense of truth and of its primacy over conscience and civil authority.1 In a culture that rapidly abandons Christendom and rejects the Catholic social (...) values once prevalent, this same issue is gaining prominence.Recent civil mandates related to Covid-19 vaccination are raising anew the challenging moral question, among faithful Catholics, concerning the legitimacy of civil disobedience.2 Part of the difficulty consists in the struggle [End Page 773] to harmonize two statements from the Congregation for the Doctrine of the Faith (CDF) concerning the Covid-19 vaccines.On the one hand, it is affirmed that, under certain circumstances, the use of some of these vaccines is morally permissible: "When ethically irreproachable Covid-19 vaccines are not available (e.g. in countries where vaccines without ethical problems are not made available to physicians and patients, or where their distribution is more difficult due to special storage and transport conditions, or when various types of vaccines are distributed in the same country but health authorities do not allow citizens to choose the vaccine with which to be inoculated) it is morally acceptable to receive Covid-19 vaccines that have used cell lines from aborted fetuses in their research and production process."3On the other hand, the CDF also affirms that vaccination should be voluntary; it is not obligatory as a rule: "Practical reason makes evident that vaccination is not, as a rule, a moral obligation and that, therefore, it must be voluntary."4Some Catholics are clinging to the first affirmation to advocate for the primacy of authority in the civil mandate to be vaccinated. Others, instead, are clinging to the second affirmation to uphold the primacy of conscience and the right to civil disobedience. The controversy is reaching a boiling point in the United States. It seems that tertium non datur.In this essay, however, aided by the guidance of our moral magisterium and Thomas Aquinas, we would like to show how these two statements from the CDF are not incompatible. We would like to offer a third option to the ones previously described. Our thesis is that the way to bring about the harmony of both statements consists in underscoring the primacy of truth, in our comprehension of conscience, authority, and civil disobedience.The essay will be divided into two different sections. The first section deals with the general principles at play in the Catholic understanding of conscience and civil disobedience under the primacy of truth. Thus, it focuses on providing some needed information to get rid of the relativistic and political lenses through which many Catholics today are approaching the vaccine mandates. The second section of the essay is instead more particular. It makes a moral evaluation of the recent mandates to be vaccinated. [End Page 774]General PrinciplesToo Political?As Catholics, we should not be so radical as to think that moral theology has nothing to say about these political matters. A legitimate understanding of the separation between church and state does not forbid the Church's magisterial teaching and moral theology to be concerned with this issue.The Church is not only a mother but also a teacher: "The church's motherhood can never in fact be separated from her teaching mission, which she must always carry out as the faithful Bride of Christ, who is the Truth in person."5Moreover, "life in common within the State possesses a relevant moral value and presents specific demands that—according to the law of the Incarnation, though with a completely particular modality—enter in to form a part of the following of Christ. Therefore, moral theology must treat of it."6Thus, we would like to invite our readers to divest from political biases that may be influencing their reasoning. This is not about being Republican or Democrat first and then using one's faith to express our political views. The... (shrink)

"Tough, smart, superbly engaging, The Material Ghost is a terrific book." -- Edward W. Said In The Material Ghost , Gilberto Perez draws on his lifelong love of the movies as well as his work as a film scholar to write a lively, wide-ranging, penetrating study of films and filmmakers and the nature of the art form. For Perez, film is complex and richly contradictory, lifelike and dreamlike at once, a peculiar mix of reality and imagination. "The images on the (...) screen," he writes, "carry in them something of the world itself, something material, and yet something transposed, transformed into another world: the material ghost." "Dazzling... The sheer intelligence at work in these lucid pages is exhilarating." -- Alfred Guzzetti, Boston Book Review "A pleasure. Gilberto Perez is one of the smartest film critics writing anywhere." -- Jonathan Rosenbaum "Strikes an ideal balance between insightful analysis and graceful writing... A model of thoughtful criticism." -- David Sterritt, Christian Science Monitor "Brilliantly polemical in his critique of cynical reason ('the official philosophy of late capitalism'), no less passionate in defending the truth-value of cinema, Perez seems to be the clearest heir to the great humanist critic André Bazin." -- Sight & amp Sound "The chapters on Keaton and Renoir are stunning, full of perceptive remarks the chapter on Godard is a persuasive rehabilitation none of the chapters is without memorable insights." -- Michael Wood, London Review of Books "Gilberto Perez's ambitious, abundant, and cultivated book--the fruit of decades of thinking and teaching -- accompanies readers on a journey of discovery into the wonder of film." -- Stanley Cavell "Few books of film criticism in the past twenty-five years have been so enjoyable or instructive... [Perez] has excellent things to say about authorship, about documentaries, about popular genres, about cinematic point of view and narrative technique, about actors, and above all about camera style... He makes us want to look once more at the remarkable pictures he discusses." -- James Naremore, Cineaste. (shrink)