Value pluralists believe in multiple dimensions of value. What does betterness along a dimension have to do with being better overall? Any systematic answer begins with the Strong Pareto principle: one thing is overall better than another if it is better along one dimension and at least as good along all others. We defend Strong Pareto from recent counterexamples and use our discussion to develop a novel view of dimensions of value, one which puts Strong Pareto on firmer footing. We (...) conclude by defending Dimensionalism, the hypothesis that overall value relations are determined solely by how things compare along value dimensions. These are first steps towards a more systematic value pluralism. (shrink)

This article explores the philosophy of Alain Badiou from the vantage point of the concepts of the localization, delocalization, and relocalization of the void as thematized through literary arts, religion, emancipatory politics, and the subject of psychoanalysis. In short, these moments around the void characterize the processes through which truth is processed and seen through their full realization by a philosophical engagement across the various conditions in which these truths occur. The localization of a void is the naming of an (...) indiscernible element that is incommensurable to the rubric of constructible knowledge, sense and meaning which could saturate the space of truth. Thus, the naming that localizes the void acts as a subtraction of the invariant in the variance of situation such that across various points in space and time, we are still able to subtract the universal as the invariant not just as the fidelity to the localized truth but also as the resurrection of truth upon its relocalization at a different place and a different time. At its core, this article is concerned with truth, why truth is persistent, and why we have to struggle to articulate the truth that we are trying to be faithful to again and again with each instance that truth risks being covered-over and obscured. (shrink)

Within the critical humanities there has been a recent return to Marxist and communist thought, which has meant a reckoning with post-structuralism. Thinkers, such as José Muñoz and Jodi Dean, who have been critical of parts of the post-structural legacy, have also held onto certain aspects of that tradition, in particular non-coincidence as a stay against identity, administration, and/or determination. However, they have done so in ways that have left unquestioned a contemporary commonsense around teleology. In this essay I argue (...) this has led to an inability to think or maintain connections between the subject and representation – crucial categories for any materialism. Through a discussion of the work of Cuban poet José Lezama Lima, I cultivate a critical vocabulary for building and sustaining non-coincident relations between the subject and representation, ones which neither collapse these two planes nor render them abyssal. (shrink)

Among the phenomena that make up the mind, cognitive psychologists and philosophers have postulated a puzzling one that they have called ?epistemic feelings.? This paper aims to (1) characterize these experiences according to their intentional content and phenomenal character, and (2) describe the nature of these mental states as nonconceptual in the cases of animals and infants, and as conceptual mental states in the case of adult human beings. Finally, (3) the paper will contrast three accounts of the causes and (...) mechanisms of epistemic feelings: the doxastic account; the mental scanner account; and the heuristic mechanism account. The paper will argue in favor of the heuristic mechanism account. (shrink)

Recent debates on mental extension and distributed cognition have taught us that environmental resources play an important and often indispensable role in supporting cognitive capacities. In order to clarify how interactions between the mind –particularly memory– and the world take place, this paper presents the “selection problem” and the “endorsement problem” as structural problems arising from such interactions in cases of mental scaffolding. On the one hand, the selection problem arises each time an agent is confronted with a cognitive problem, (...) since she has to choose whether to solve it internally or externally. How does she choose? On the other hand, when confronted with the internally or externally retrieved solution to a cognitive task, the subject has to decide whether to endorse the information. How does the subject decide whether to endorse it or not? The last section proposes a solution to each problem in terms of metamemory and metacognitive feelings. Metamemory evaluates memory each time the subject is confronted with a memory task and elicits either a positive or negative metacognitive feeling that guides the decision. (shrink)

The cognitive phenomenology thesis claims that “there is something it is like” to have cognitive states such as believ- ing, desiring, hoping, attending, and so on. In support of this idea, Goldman claimed that the tip-of-the-tongue phe- nomenon can be considered as a clear-cut instance of non- sensory cognitive phenomenology. This paper reviews Goldman's proposal and assesses whether the tip-of-the- tongue and other metacognitive feelings actually constitute an instance of cognitive phenomenology. The paper will show that psychological data cast doubt (...) on the idea that the tip-of-the-tongue and other metacognitive feelings are clear-cut instances of cognitive phenomenology. (shrink)

Philosophers of mind and epistemologists are increasingly making room in their theories for epistemic emotions (E-emotions) and, drawing on metacognition research in psychology, epistemic – or noetic or metacognitive – feelings (E-feelings). Since philoso- phers have only recently begun to draw on empirical research on E-feelings, in particular, we begin by providing a general characterization of E-feelings (section 1) and reviewing some highlights of relevant research (section 2). We then turn to philosophical work on E-feelings and E-emotions, situating the contributions (...) to the focus section (two articles devoted to E-feelings and two devoted to E-emotions) with respect to both the existing literature and each other (section 3). We conclude by brie y describing some promising avenues for further philosophical research on E-feelings and E-emotions (section 4). (shrink)

A textbook on modal logic, intended for readers already acquainted with the elements of formal logic, containing nearly 500 exercises. Brian F. Chellas provides a systematic introduction to the principal ideas and results in contemporary treatments of modality, including theorems on completeness and decidability. Illustrative chapters focus on deontic logic and conditionality. Modality is a rapidly expanding branch of logic, and familiarity with the subject is now regarded as a necessary part of every philosopher's technical equipment. Chellas here offers (...) an up-to-date and reliable guide essential for the student. (shrink)

Two main theories about metacognition are reviewed, each of which claims to provide a better explanation of this phenomenon, while discrediting the other theory as inappropriate. The paper claims that in order to do justice to the complex phenomenon of metacognition, we must distinguish two levels of this capacity—each having a different structure, a different content and a different function within the cognitive architecture. It will be shown that each of the reviewed theories has been trying to explain only one (...) of the two levels and that, consequently, the conflict between them can be dissolved. The paper characterizes the high-level as a rationalizing level where the subject uses concepts and theories to interpret her own behavior and the low-level as a controlling level where the subject exploits epistemic feelings to adjust her cognitive activities. Finally, the paper explores three kinds of interaction between the levels. (shrink)

Ouraiminthischapteristodelineatetheformofsharedagencythatwe take to be manifested in collective memory. We argue for two theses. First, we argue that, given a relatively weak conception of episodicity, certain small-scale groups display a form of emergent (i.e., genuinely collective) episodic memory, while large-scale groups, in contrast, do not display emergent episodic memory. Second, we argue that this form of emergent memory presupposes (high-level and possibly low-level) metamemorial capacities, capacities that are, however, not themselves emergent group-level features but rather strictly individual-level features. The form of (...) shared agency that we delineate is thus revealed as being minimal in three senses. First, the relevant groups are themselves minimal in terms of their size. Second, the form of memory in question is minimally episodic. And finally, the cognitive capac- ities attributed to the relevant groups are minimal, in the sense that they need not themselves be capable of metacognition. (shrink)

Many philosophers consider that memory is just a passive information retention and retrieval capacity. Some information and experiences are encoded, stored, and subsequently retrieved in a passive way, without any control or intervention on the subject’s part. In this paper, we will defend an active account of memory according to which remembering is a mental action and not merely a passive mental event. According to the reconstructive account, memory is an imaginative reconstruction of past experience. A key feature of the (...) reconstructive account is that given the imperfect character of memory outputs, some kind of control is needed. Metacognition is the control of mental processes and dispositions. Drawing from recent work on the normativity of automaticity and automatic control, we distinguish two kinds of metacognitive control: top-down, reflective control, on the one hand, and automatic, intuitive, feeling-based control on the other. Thus, we propose that whenever the mental process of remembering is controlled by means of intuitive or feeling-based metacognitive processes, it is an action. (shrink)

Business Ethics: A European Review, EarlyView.

Mind-wandering seems to be paradigmatically unintentional. However, experimental findings have yielded the paradoxical result that mind-wandering can also be intentional. In this paper, we first present the paradox of intentional mind-wandering and then explain intentional mind-wandering as the intentional omission to control one’s own thoughts. Finally, we present the surrealist method for artistic production to illustrate how intentional omission of control over thoughts can be deployed towards creative endeavors.

All major western countries today contain groups that differ in their religious beliefs, customary practices or ideas about the right way in which to live. How should public policy respond to this diversity? In this important new work, Brian Barry challenges the currently orthodox answer and develops a powerful restatement of an egalitarian liberalism for the twenty-first century. Until recently it was assumed without much question that cultural diversity could best be accommodated by leaving cultural minorities free to associate (...) in pursuit of their distinctive ends within the limits imposed by a common framework of laws. This solution is rejected by an influential school of political theorists, among whom some of the best known are William Galston, Will Kymlicka, Bhikhu Parekh, Charles Taylor and Iris Marion Young. According to them, this 'difference-blind' conception of liberal equality fails to deliver either liberty or equal treatment. In its place, they propose that the state should 'recognize' group identities, by granting groups exemptions from certain laws, publicly 'affirming' their value, and by providing them with special privileges or subsidies. In Culture and Equality, Barry offers an incisive critique of these arguments and suggests that theorists of multiculturism tend to misdiagnose the problems of minority groups. Often, these are not rooted in culture, and multiculturalist policies may actually stand in the way of universalistic measures that would be genuinely beneficial. (shrink)

We live in a world of crowds and corporations, artworks and artifacts, legislatures and languages, money and markets. These are all social objects — they are made, at least in part, by people and by communities. But what exactly are these things? How are they made, and what is the role of people in making them? In The Ant Trap, Brian Epstein rewrites our understanding of the nature of the social world and the foundations of the social sciences. Epstein (...) explains and challenges the three prevailing traditions about how the social world is made. One tradition takes the social world to be built out of people, much as traffic is built out of cars. A second tradition also takes people to be the building blocks of the social world, but focuses on thoughts and attitudes we have toward one another. And a third tradition takes the social world to be a collective projection onto the physical world. Epstein shows that these share critical flaws. Most fundamentally, all three traditions overestimate the role of people in building the social world: they are overly anthropocentric. Epstein starts from scratch, bringing the resources of contemporary metaphysics to bear. In the place of traditional theories, he introduces a model based on a new distinction between the grounds and the anchors of social facts. Epstein illustrates the model with a study of the nature of law, and shows how to interpret the prevailing traditions about the social world. Then he turns to social groups, and to what it means for a group to take an action or have an intention. Contrary to the overwhelming consensus, these often depend on more than the actions and intentions of group members. (shrink)

Los centros educativos pueden convertirse en entornos positivos implementando programas basados en evidencias. El objetivo de este artículo es presentar el programa “Creciendo Juntos” y analizar su eficacia en la promoción del establecimiento de relaciones positivas en estos. Se contó con una muestra de 990 alumnos (=12.96; 47.5% chicas) que respondieron la Escala sobre la percepción del alumnado acerca de sus relaciones en el centro y su nivel de participación educativa (RMSEA=.049; 90%.043-.055; CFI=.976; TLI =.967 y SRMR=.026). Mientras el grupo (...) de control empeora en sus relaciones y su participación en el centro, el grupo de intervención se mantiene. (shrink)

The main aim of this paper is to clarify the relation between epistemic feel- ings, mental action, and self-ascription. Acting mentally and/or thinking about one’s mental states are two possible outcomes of epistemic or metacognitive feelings. Our men- tal actions are often guided by our E-feelings, such as when we check what we just saw based on a feeling of visual uncertainty; but thought about our own perceptual states and capacities can also be triggered by the same E-feelings. The first (...) section of the pa- per presents Dokic’s argument for the insufficiency of the “ascent routine” to account for non-transparent cases of self-ascription, as well as his account of E-feelings. The second section then presents a two-level model of metacognition that builds on Dokic’s account and my own view of the issue. The two-level model links E-feelings to a min- dreading capacity in order to account for non-transparent self-ascriptions. Finally, the third section develops a deeper characterization of the relation among E-feelings, mental action, and self-ascription of mental states based on epistemic rules. In the context of self-knowledge, these remarks suggest the existence of means of forming self-ascriptions other than the ascent routine. (shrink)

Almost every country today contains adherents of different religions and different secular conceptions of the good life. Is there any alternative to a power struggle among them, leading most probably to either civil war or repression? The argument of this book is that justice as impartiality offers a solution. According to the theory of justice as impartiality, principles of justice are those principles that provide a reasonable basis for the unforced assent of those subject to them. The object of this (...) book is to set the theory out, explain its rationale, and respond to a variety of criticism that have been made of it. As the second volume of his work-in-progress, A Treatise on Social Justice, this work lies at the heart of a thriving academic debate which the author has played a key role in shaping. (shrink)

When should we expect compliance with international human rights norms? Previous literature on the causal mechanisms underlying compliance have focused independently on the roles of state willingness, thought of as the preferences of the regime leadership, and on state capacity, in improving human rights practices within a state. We build an argument that neither of these factors are sufficient on their own to improve compliance with human rights norms. Instead, improved human rights practices require both “the will and the way.” (...) Our central hypothesis is that capacities and willingness, acting jointly, are key determinants of improvements in compliance with international human rights norms. The paper confirms this proposition using two-staged and single-stage regression models and a time-series cross-sectional approach at the country-year level. A highly capable bureaucracy and a state that has signaled its willingness through the acceptance of individual complaint and inquiry procedures in the UN treaty regime are jointly necessary for improved human rights practices. (shrink)

La ilusión de profundidad explicativa (ipe) es uno de los fenómenos que ha despertado gran interés en la ciencia cognitiva en los últimos veinte años. Sucede cuando la persona cree poder explicar un fenómeno mejor de lo que realmente puede explicarlo. A continuación, se hará una reconstrucción histórica de los estudios de la IPE a lo largo de las últimas décadas, dando cuenta de su actualidad e importancia. Primero se presentarán los antecedentes y los estudios fundantes de este tema de (...) investigación. A continuación, se expondrán las investigaciones iniciales (años 2002-2015), y la manera como prosiguió la indagación con cuestionamientos y soluciones a la IPE (años 2016-2021). Finalmente, se analizará la relación entre la ipe, las fake news y el internet. (shrink)

This essay investigates whether or not we should think that the things we say are identical to the things our sentences mean. It is argued that these theoretical notions should be distinguished, since assertoric content does not respect the compositionality principle. As a paradigmatic example, Kaplan's formal language LD is shown to exemplify a failure of compositionality. It is demonstrated that by respecting the theoretical distinction between the objects of assertion and compositional values certain conflicts between compositionality and contextualism are (...) avoided. This includes the conflict between eternalism and the semantics of tense, the embedding problems for contextualism about epistemic modals and taste claims, and the conflict between direct reference and the semantics of bound pronouns (and monstrous operators). After presenting the theoretical picture which distinguishes assertoric content from compositional semantic value, some objections to the picture are addressed. In so doing, the objection from King (2003) stemming from apparent complications with the interaction of temporal expressions and attitude reports is assessed and shown to be non-threatening. (shrink)

We argue that supererogation cannot be understood just in terms of reasons for action. In addition to reasons, a theory of supererogation must include prerogatives, which can make an action permissible without counting in favor of doing it.

Comprehensive regulatory changes brought on by recent corporate governance reforms have broadly redefined and re-emphasized the roles and responsibilities of all the participants in a public company’s financial reporting process. Most notably, these reforms have intensified scrutiny of corporate audit committees, whose role as protectors of investors’ interests now attracts substantially higher visibility and expectations. As a result, audit committees face the formidable challenge of effectively overseeing the company’s financial reporting process in a dramatically changed – and highly charged – (...) corporate governance environment. This paper discusses the new expectations of audit committee responsibilities and effectiveness in the wake of corporate governance reforms, key challenges, “whistleblower” provisions and shortcomings, and provides some directions for future research. (shrink)

The increased prevalence of advanced‐stage chronic diseases has augmented the need for palliative care teams. In Colombia, although the legislation promotes palliative care development, people still die without receiving management from a palliative care team. In addition, judiciary regulations regarding euthanasia have generated public confusion and ethical conflicts among members of the palliative care teams. Therefore, this study aimed to perform a bioethical reflection on the relationship between palliative care and euthanasia supported by data on euthanasia requests in a palliative (...) care program. This reflection is based on retrospective and descriptive observational data, collected in two highly complex hospitals in Bogotá, Colombia. A total of 50 euthanasia requests were identified, of which 62% met the defined criteria, 16% did not, and 22% were not considered by the interdisciplinary committee for the right to die with dignity due to early death. All patients were treated and followed up by a palliative care team until their death. This study considered that palliative care could be a complement management for patients requesting euthanasia based on their experience by supporting the decision‐making, alleviating suffering, and providing emotional support in the last days of life. (shrink)

Este artículo se propone exponer el fenómeno del existir humano, denominado por Heidegger “Dasein”, en íntima relación con el problema de la constitución de la realidad. Para ello, se entenderá lo real como aquella multiplicidad de entes con los que la vida se confronta diariamente. En este sentido, se plantea que esta multiplicidad no pertenece a lo percibido, sino que deviene más bien de la estructura de la percepción sensible. Mediante advertencias de Heidegger en torno a la filosofía kantiana y (...) a través del uso de ejemplos propios, se realzarán los momentos trascendentales de la sensibilidad: el espacio y el tiempo, hasta llegar al cuidado como ser del Dasein. Así, comprendiendo al cuidado en su sentido temporal, advertiremos que lo real se origina desde el futuro perteneciente al existir mismo. Con lo anterior, el estudio expondrá cómo es que el “Dasein” puede ser entendido como aperturidad o de-velamiento de nuestra realidad. (shrink)

Kaplan (1989a) insists that natural languages do not contain displacing devices that operate on character—such displacing devices are called monsters. This thesis has recently faced various empirical challenges (e.g., Schlenker 2003; Anand and Nevins 2004). In this note, the thesis is challenged on grounds of a more theoretical nature. It is argued that the standard compositional semantics of variable binding employs monstrous operations. As a dramatic first example, Kaplan’s formal language, the Logic of Demonstratives, is shown to contain monsters. For (...) similar reasons, the orthodox lambda-calculus-based semantics for variable binding is argued to be monstrous. This technical point promises to provide some far-reaching implications for our understanding of semantic theory and content. The theoretical upshot of the discussion is at least threefold: (i) the Kaplanian thesis that “directly referential” terms are not shiftable/bindable is unmotivated, (ii) since monsters operate on something distinct from the assertoric content of their operands, we must distinguish ingredient sense from assertoric content (cf. Dummett 1973; Evans 1979; Stanley 1997), and (iii) since the case of variable binding provides a paradigm of semantic shift that differs from the other types, it is plausible to think that indexicals—which are standardly treated by means of the assignment function—might undergo the same kind of shift. (shrink)

Advances in genomics have led to calls for developing population-based preventive genomic sequencing programs with the goal of identifying genetic health risks in adults without known risk factors. One critical issue for minimizing the harms and maximizing the benefits of PGS is determining the kind and degree of control individuals should have over the generation, use, and handling of their genomic information. In this article we examine whether PGS programs should offer individuals the opportunity to selectively opt out of the (...) sequencing or analysis of specific genomic conditions or whether PGS should be implemented using an all-or-nothing panel approach. We conclude that any responsible scale-up of PGS will require a menu approach that may seem impractical to some, but that draws its justification from a rich mix of normative, legal, and practical considerations. (shrink)

El presente artículo pretende indagar desde el marco teórico-epistemológico de "imaginario social" de Cornelius Castoriadis (1922-1997), la subjetivación de la mujer trabajadora en el sistema de educación técnico-profesional en Chile. Se desarrolla una investigación filosófica y cualitativa que incluye análisis documental y entrevistas a sujetos del ámbito técnico-profesional secundario. A través de este marco teórico, desarrollamos las herramientas analíticas necesarias para poder leer e interpretar cómo a pesar de los aires de renovación del sistema técnico-profesional, la oferta política hacia la (...) mujer chilena trabajadora no cambia en realidad el "destino" que pesa sobre ella: ser, dicho peyorativamente "¡Buenas Trabajadoras, Buenas Madres!". This article seeks to investigate since the theoretical-epistemological frame of "social imaginary" of Cornelius Castoriadis (1922-1997), the subjectivity of the hard-working woman in the system of technical-professional education in Chile. It is carried out a philosophical and qualitative investigation including documentary analysis and interviews to subjects of the technical-professional secondary area. Through this theoretical frame, we develop the analytical tools needed to read and interpret how, despite the air of renewal of the technical-professional system, the political supply towards the Chilean woman worker in fact does not actually change the "destiny" hanging over her: to be, pejoratively said "Good Workers, Good Mothers"! (shrink)

All major western countries today contain groups that differ in their religious beliefs, customary practices or ideas about the right way in which to live. How should public policy respond to this diversity? In this important new work, Brian Barry challenges the currently orthodox answer and develops a powerful restatement of an egalitarian liberalism for the twenty-first century. Until recently it was assumed without much question that cultural diversity could best be accommodated by leaving cultural minorities free to associate (...) in pursuit of their distinctive ends within the limits imposed by a common framework of laws. This solution is rejected by an influential school of political theorists, among whom some of the best known are William Galston, Will Kymlicka, Bhikhu Parekh, Charles Taylor and Iris Marion Young. According to them, this 'difference-blind' conception of liberal equality fails to deliver either liberty or equal treatment. In its place, they propose that the state should 'recognize' group identities, by granting groups exemptions from certain laws, publicly 'affirming' their value, and by providing them with special privileges or subsidies. In Culture and Equality, Barry offers an incisive critique of these arguments and suggests that theorists of multiculturism tend to misdiagnose the problems of minority groups. Often, these are not rooted in culture, and multiculturalist policies may actually stand in the way of universalistic measures that would be genuinely beneficial. (shrink)

Social ontology is the study of the nature and properties of the social world. It is concerned with analyzing the various entities in the world that arise from social interaction. -/- A prominent topic in social ontology is the analysis of social groups. Do social groups exist at all? If so, what sorts of entities are they, and how are they created? Is a social group distinct from the collection of people who are its members, and if so, how is (...) it different? What sorts of properties do social groups have? Can they have beliefs or intentions? Can they perform actions? And if so, what does it take for a group to believe, intend, or act? -/- Other entities investigated in social ontology include money, corporations, institutions, property, social classes, races, genders, artifacts, artworks, language, and law. It is difficult to delineate a precise scope for the field (see section 2.1). In general, though, the entities explored in social ontology largely overlap with those that social scientists work on. A good deal of the work in social ontology takes place within the social sciences (see sections 5.1–5.8). -/- Social ontology also addresses more basic questions about the nature of the social world. One set of questions pertains to the constituents, or building blocks, of social things in general. For instance, some theories argue that social entities are built out of the psychological states of individual people, while others argue that they are built out of actions, and yet others that they are built out of practices. Still other theories deny that a distinction can even be made between the social and the non-social. -/- A different set of questions pertains to how social categories are constructed or set up. Are social categories and kinds produced by our attitudes? By our language? Are they produced by causal patterns? And is there just one way social categories are set up, or are there many varieties of social construction? -/- The term ‘social ontology’ has only come into wide currency in recent years, but the nature of the social has been a topic of inquiry since ancient Greece. As a whole, the field can be understood as a branch of metaphysics, the general inquiry into the nature of entities. (shrink)

This paper develops a new argument from consciousness to theism: the argument from psychophysical harmony. Roughly, psychophysical harmony consists in the fact that phenomenal states are correlated with physical states and with one another in strikingly fortunate ways. For example, phenomenal states are correlated with behavior and functioning that is justified or rationalized by those very phenomenal states, and phenomenal states are correlated with verbal reports and judgments that are made true by those very phenomenal states. We argue that psychophysical (...) harmony is strong evidence for theism (or, at least, strong evidence against atheism in its standard naturalistic form). (shrink)

This paper defends a non-reductive realist view of the sensible qualities—roughly, the view that the sensible qualities are really instantiated by the external objects of perception, and not reducible to response-independent physical properties or response-dependent relational properties. I begin by clarifying and motivating the non-reductive realist view. I then consider some familiar difficulties for the view. Addressing these difficulties leads to the development and defence of a general theory, inspired by Russellian Monist theories of consciousness, of how the sensible qualities (...) relate to physical reality. I conclude by showing how this theory, which I call ‘Secondary Quality Russellian Monism’, resolves the most significant difficulties for the non-reductive realist view of the sensible qualities. (shrink)

Este artículo pretende ahondar el sentido ontológico de la libertad en El ser y la nada de Jean-Paul Sartre. Para ello recurre a la intencionalidad del para-sí como deseo de integración en el ser, es decir, recuperando y conservando la tensión entre la libertad como conciencia de nada y el ser. Aunque la pasión inútil del para-sí se nos presenta como una derrota de la libertad, es preciso recuperar el carácter ontológico de sus acciones. This article aims to explore more (...) in depth the ontological sense of freedom in Being and Nothingness by Jean-Paul Sartre. The intentionality in the for-oneself is thus used as a desire to integrate into being, i.e. recovering and keeping the tension between freedom and consciousness of Nothingness and Being. Although the useless passion in the 'for-oneself is presented as a defeat to the freedom, it is necessary to recover the ontological character of its actions. (shrink)

Se analizan las políticas medio ambientales e indígenas durante el período 1990- 2010 de gobiernos de la Concertación, los tratados internacionales sobre el medio ambiente que inciden en el uso de recursos naturales en territorios huilliche. Se concluye que la política pública medioambiental, por su naturaleza reactiva, en el contexto de los mercados globales, se ha visto sobrepasada por la hegemonía del poder de las transnacionales que invierten en los commodities forestal, minero, agropecuario, amparadas por una legislación ambiental débil y (...) un discurso político obsecuente. (shrink)

ABSTRACT Quine insisted that the satisfaction of an open modalised formula by an object depends on how that object is described. Kripke's ‘objectual’ interpretation of quantified modal logic, whereby variables are rigid, is commonly thought to avoid these Quinean worries. Yet there remain residual Quinean worries for epistemic modality. Theorists have recently been toying with assignment-shifting treatments of epistemic contexts. On such views an epistemic operator ends up binding all the variables in its scope. One might worry that this yields (...) the undesirable result that any attempt to ‘quantify in’ to an epistemic environment is blocked. If quantifying into the relevant constructions is vacuous, then such views would seem hopelessly misguided and empirically inadequate. But a famous alternative to Kripke's semantics, namely Lewis' counterpart semantics, also faces this worry since it also treats the boxes and diamonds as assignment-shifting devices. As I'll demonstrate, the mere fact that a variable is bound is no obstacle to binding it. This provides a helpful lesson for those modelling de re epistemic contexts with assignment sensitivity, and perhaps leads the way toward the proper treatment of binding in both metaphysical and epistemic contexts: Kripke for metaphysical modality, Lewis for epistemic modality. (shrink)

Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (...) (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002). (shrink)

International criminal law (ICL) is an achievement, but at the same time a challenge to the traditional conception of the principle of legality (_lex praevia_, _scripta_, and _stricta_ – Sect. 1). International criminal tribunals have often based conviction for international crimes on unwritten norms the existence and scope of which they have failed to substantiate. In so doing, they have evaded the objection that they were applying _ex post facto_ criminal laws. This approach, the relaxation of the concept of law (...) by including norms whose existence is doubtful, has apparently served to maintain a concept of strict legality, but it is unsatisfying (Sect. 2). In my opinion, the strict principle of legality that has linked its absolute validity to the positivity of law is not the correct premise. It makes sense to state that positivity and validity do not necessarily go hand in hand (Sect. 3). Applied to ICL, this means that it is neither necessary nor convincing to “conceal” supra-positive law as positive law, as some decisions of the international criminal tribunals do. For this reason, I consider that Radbruch’s formula, consisting in admitting that there are supra-positive limits which positive law must respect in order to be valid, is well-founded (Sect. 4). The path taken by this significant philosopher of law is methodologically convincing, and it squarely faces the problem of the value of positive law. Nevertheless, if we admit Radbruch’s formula and thereby the limited value of positive law (if we claim that the validity of the law depends on it respecting supra-positive minimums of justice), we must also face the problem of the definition of supra-positive values, the epistemological difficulties of having access to them (Sect. 5), and the question of the scope and enforceability of supra-positive law (Sect. 6). In summary, this article aims to explain why Radbruch’s formula offers a convincing conceptual basis for international criminal legality and, in doing so, aims to contribute to the discussion about the foundations of ICL. (shrink)

ArgumentThis paper analyzes the research strategies of three different cases in the study of human genetics in Mexico – the work of Rubén Lisker in the 1960s, INMEGEN's mapping of Mexican genomic diversity between 2004 and 2009, and the analysis of Native American variation by Andrés Moreno and his colleagues in contemporary research. We make a distinction between an approach that incorporates multiple disciplinary resources into sampling design and interpretation (unpacking), from one that privileges pragmatic considerations over more robust multidisciplinary (...) analysis (flattening). These choices have consequences for social, demographic, and biomedical practices, and also for accounts of genetic variation in human populations. While the former strategyunpacksfine-grained genetic variation – favoring precision and realism, the latter tends toflattenindividual differences and historical depth in lieu of generalization. (shrink)

C’est à Disidentification : Queers of Color and the Performance of Politics de José Esteban Muñoz que l’on doit la diffusion du concept de désidentification. L’historien de l’art l’utilise pour désigner ces artistes queers noir·es et latinx qui ont développé des techniques pour ne pas répondre à l’injonction institutionnelle à produire un art « ethnique » ou estampillé « queer ». Dans cet extrait, le minimalisme de Felix González-Torres permet d’aborder la désidentité sous la forme d’œuvres qui déjouent les interpellations (...) stigmatisantes du multiculturalisme tout en s’adressant au contre-public des allié·es. (shrink)