Una de las características de la función jurisdiccional, como potestad-poder del Estado, es la interpretación del ordenamiento jurídico y aplicarlo a la resolución de un caso concreto; es decir, el juez, al momento de impartir justicia, deberá realizar un análisis de la norma jurídica que pretende aplicar para dotarla de un sentido concreto y práctico. Es por ello que se puede afirmar que la interpretación judicial cumple una función innovadora del derecho, ya que el juez con éstas al dictar sentencia, (...) puede modificar el ordenamiento jurídico. El presente trabajo tiene como fin exponer que, por vía jurisprudencial, la Sala Constitucional del Tribunal Supremo de Justicia consideró necesaria la creación de un recurso autónomo de interpretación de normas constitucionales, lo cual trajo como consecuencia inmediata, la desestabilización de nuestro estado de derecho. Palabras clave: interpretación constitucional, interpretación de la constitución, Constitución, función jurisdiccional, recurso de interpretación Constitutional interpretation and interpretation of the constitutionThe fundamental aim of the State’s jurisdictional function is to interpret the legal system in order to apply it for solving concrete cases. The judge, when meting out justice, is to analyze the legal norm he intends to apply; he is to give it a concrete and practical sense. This is why it is said that legal interpretation is an innovative function of law, since the judge, upon issuing judgment, can whereby modify the legal system. This work aims to show that the Constitutional Division of the Supreme Court of Justice deemed necessary to create, by means of jurisprudence, an autonomous recourse of constitutional norm interpretation, which nevertheless has no legal grip whatsoever. This immediately brought about the destabilization of our state of law, along with the corresponding legal insecurity Keywords: Constitutional Interpretation, Interpretation of the Constitution, Constitution, Jurisdictional Function, Interpretation Recourse. (shrink)

How do we acquire a mental representation of our own face? Recently, synchronous, but not asynchronous, interpersonal multisensory stimulation between one’s own and another person’s face has been used to evoke changes in self-identification. We investigated the conscious experience of these changes with principal component analyses that revealed that while the conscious experience during synchronous IMS focused on resemblance and similarity with the other’s face, during asynchronous IMS it focused on multisensory stimulation. Analyses of the identified common factor structure revealed (...) significant quantitative differences between synchronous and asynchronous IMS on self-identification and perceived similarity with the other’s face. Experiment 2 revealed that participants with lower interoceptive sensitivity experienced stronger enfacement illusion. Overall, self-identification and body-ownership rely on similar basic mechanisms of multisensory integration, but the effects of multisensory input on their experience are qualitatively different, possibly underlying the face’s unique role as a marker of selfhood. (shrink)

Neoliberal ideology and exclusionary policies based on racialized identities characterize the current contexts in North America and Western Europe. Nursing knowledge cannot be abstracted from social, political and historical contexts; the task of examining the influence of race and racial ideologies on disciplinary knowledge and inquiry therefore remains an important task. Contemporary analyses of the role and responsibility of the discipline in addressing race‐based health and social inequities as a focus of nursing inquiry remain underdeveloped. In this article, we examine (...) nursing's engagement with ideas about race and racism and explore the ways in which nursing knowledge and inquiry have been influenced by race‐based ideological discourses. Drawing on Henry and Tator's framework of democratic racism, we consider how strategic discursive responses—the discourses of individualism, multiculturalism, colour‐blindness, political correctness and denial—have been deployed within nursing knowledge and inquiry to reinforce the belief in an essentially fair and just society while avoiding the need to acknowledge the persistence of racist discourses and ideologies. Greater theoretical, conceptual and methodological clarity regarding race, racialization and related concepts in nursing inquiry is needed to address health and social inequities. (shrink)

Este artículo se centra en un aspecto comparativamente poco estudiado de la literatura sobre comunicación política en México relativo al análisis de los cambios significativos en la organización, las tácticas y las estrategias de campaña del Partido Revolucionario Institucional en elecciones presidenciales que han ocurrido durante las últimas dos décadas, y explora sus causas. El estudio muestra que la profesionalización e hibridación de las campañas del PRI no sólo dependió de cambios estructurales a gran escala en el sistema político y (...) en el sistema de medios de comunicación durante los noventas, sino también de los recursos y las características organizativas del partido. (shrink)

El desarrollo de la argumentación en el proceso de alfabetización académica cobra especial importancia debido a que el conocimiento académico es esencialmente argumentativo. Por esto, el objetivo de esta investigación es, por un lado, relevar, a partir del discurso de los docentes en un programa de Biología e Historia, las representaciones sociales acerca de la enseñanza-aprendizaje de la argumentación y, por otro, generar un modelo explicativo de este fenómeno. La recolección de datos se realizó por medio de entrevistas a docentes (...) de ambas disciplinas y el análisis de ellos, mediante la técnica de análisis de contenido, la que busca formular inferencias reproducibles y válidas que puedan aplicarse a un contexto determinado. The development of argumentation in the process of academic literacy is particularly important because scientific knowledge is essentially argumentative. For this reason, the purpose of this research is to elicit social representations about teaching and learning of argumentation from the discourse of teachers in a program of Biology and History, as well as to generate an explanatory model for this phenomenon. The data collection instrument used was an interview to teachers in both disciplines, and the data was analyzed using content analysis, a technique that seeks to develop replicable and valid inference that can be applied to a given context. (shrink)

According to Iris Murdoch, the chief experience in morality is the recognition of others, and this is the experience of loving attention. Love is an independent source of moral authority, distinct from the authority of reason. It is independent because it can be attained through moral experiences that are not certified by reason and cannot be achieved by rational deliberation. This view of love calls into question a cluster of concepts, such as rational agency and principled action, which figure prominently (...) in the Kantian characterization of the moral experience and resound through Kant’s account of virtue as an endured but never-ending struggle. But it would be a mistake to conclude that Murdoch’s philosophical project opposes Kant’s without further qualifications. In this chapter, I illustrate some convergence between Kant and Murdoch at the methodological level, in their polemic against reductivism. They both oppose reductivist empiricism on epistemological and moral grounds, because they define the standard of proof in relation to the experience of morality. In Murdoch’s words, the philosophical proof, if there is one, is the same as the moral proof (Murdoch 1997: 361). This is where Kant and Murdoch part ways. While Kant argues that the moral experience is the experience of the impact of reason, which provides self-discipline by constraint, Murdoch holds that the moral standard of proof is love. The transformative power of love allows us to engage with reality and recognize others for what they are, that in which consists the primal moral experience. Murdoch’s argument against Kant’s appeal to principles brings to the fore a crucial issue, which concerns the source of moral authority and the possibility of practical reason. Some of her most popular arguments against Kant are based on an oversimplified view of the impact of reason in moral life, and perhaps they owe part of their fortune to this oversimplification. I shall argue that such arguments miss their intended target, but I also hope to show that Murdoch sketches a distinctive model of the moral proof, which establishes a genuine alternative both to theories of practical reason and to reductivist accounts of the mind and its activities. (shrink)

While foregrounding the historiography of HIV and AIDS in the South African context, this article analyses AIDS as simultaneously existing in three spheres: first, virtually – as the subject matter of electronically measurable research; second, academically – as a topic of research in the discipline of History; and third, actually – as a complex health concern and signifier that, via the field of Medical and Health Humanities, could allow for new collaborations between historians and others interested in understanding AIDS. Throughout, (...) the central focus is the discipline of History and the global trends that become evident when examining metrics about AIDS research, particularly those that show the hierarchies of knowledge ‘production’, the reinforcement of disciplinary boundaries, and the discrepancy between the amount of research ‘produced’ by scientific and humanities disciplines. Overall, the article suggests that ‘post-AIDS’ is not currently helpful to health historians working on South African and other majority world contexts. More specifically, the article reflects on what AIDS histories still need to be written, and I argue that Medical and Health Humanities could provide a space for historians to work within and across disciplinary boundaries given the ever evolving remit of AIDS histories, temporalities, and narratives. (shrink)

This article explores twelve short narrative films created by women and trans people living with disabilities and embodied differences. Produced through Project Re•Vision, these micro documentaries uncover the cultures and temporalities of bodies of difference by foregrounding themes of multiple histories: body, disability, maternal, medical, and/or scientific histories; and divergent futurities: contradictory, surprising, unpredictable, opaque, and/or generative futures. We engage with Alison Kafer's call to theorize disability futurity by wrestling with the ways in which “the future” is normatively deployed in (...) the service of able-bodiedness and able-mindedness, a deployment used to render bodies of difference as sites of “no future”. By re-storying embodied difference, the storytellers illuminate ongoing processes of remaking their bodily selves in ways that respond to the past and provide possibilities for different futures; these orientations may be configured as “dis-topias” based not on progress, but on new pathways for living, uncovered not through evoking the familiar imaginaries of curing, eliminating, or overcoming disability, but through incorporating experiences of embodied difference into time. These temporalities gesture toward new kinds of futures, giving us glimpses of ways of cripping time, of cripping ways of being/becoming in time, and of radically re-presencing disability in futurity. (shrink)

Research on children’s ability to attribute false mental states to others has focused exclusively on false beliefs. We developed a novel paradigm that focuses instead on another type of false mental state: false perceptions. From approximately 4 years of age, children begin to recognize that their perception of an illusory object can be at odds with its true properties. Our question was whether they also recognize that another individual viewing the object will similarly experience a false perception. We tested 33 (...) preschool children with a task in which distorting lenses caused a small object to appear large and a large object to appear small. To succeed, children needed to recognize that a naive agent would falsely perceive the relative size of the objects and to correctly anticipate the agent’s actions on that basis. Children performed significantly better than chance in our false perception test, and there was a developmental progression in performance from 4 to 5 years of age similar to that seen in standard false belief tests. Our findings demonstrate that preschool children are capable of understanding that other individuals will be perceptually misled by illusory objects and that these false perceptions will influence their actions in predictable ways. (shrink)

This essay examines phrenological tools as instruments of matchmaking and focuses on the personal ad as a site for producing and exchanging knowledge about individuals. It shows how cranial measurement produced character profiles for the purpose of judging suitable marriage partners and how users integrated those profiles into personal advertisements published in the Water-Cure Journal. A popular but contested science of the mind, phrenology maintained that one could truly know others and oneself through measuring “organs” of the mind via protrusions (...) on the skull. While much has been written about phrenology, less attention has been paid to its focus on marriage and mating and to how users enrolled phrenology to find and judge the viability of a mate. Focused on the American context in the 1850s, this essay will show that notions of race and gender, heredity, and marital “relations” were embedded in the shorthand of phrenological measurements and personal ads. (shrink)

Background Ethical decision making in intensive care is a demanding task. The need to proceed to ethical decision is considered to be a stress factor that may lead to burnout. The aim of this study is to explore the ethical problems that may increase burnout levels among physicians and nurses working in Portuguese intensive care units . A quantitative, multicentre, correlational study was conducted among 300 professionals.Results The most crucial ethical decisions made by professionals working in ICU were related to (...) communication, withholding or withdrawing treatments and terminal sedation. A positive relation was found between ethical decision making and burnout in nurses, namely, between burnout and the need to withdraw treatments , to withhold treatments and to proceed to terminal sedation . This did not apply to physicians. Emotional exhaustion was the burnout subdimension most affected by the ethical decision. The nurses' lack of involvement in ethical decision making was identified as a risk factor. Nevertheless, in comparison with nurses , it was the physicians who more keenly felt the need to proceed to ethical decisions in ICU.Conclusions Ethical problems were reported at different levels by physicians and nurses. The type of ethical decisions made by nurses working in Portuguese ICUs had an impact on burnout levels. This did not apply to physicians. This study highlights the need for education in the field of ethics in ICUs and the need to foster inter-disciplinary discussion so as to encourage ethical team deliberation in order to prevent burnout. (shrink)

On Kant's view, the feeling of respect is the mark of moral agency, and is peculiar to us, animals endowed with reason. Unlike any other feeling, respect originates in the contemplation of the moral law, that is, the idea of lawful activity. This idea works as a constraint on our deliberation by discounting the pretenses of our natural desires and demoting our selfish maxims. We experience its workings in the guise of respect. Respect shows that from the agent's subjective perspective, (...) morality is the experience of being bound and necessitated, but also of being free and emancipated from inclinations. (shrink)

This article explores the production and consumption of phrenological knowledge for and by middle-class women in the USA during the early and middle decades of the 19th century. At a time when science itself had few boundaries, women became readers, consumers, proselytizers and practitioners of this knowledge system, outside of a scientific academy. This paper argues that phrenological beliefs about sex differences enabled and encouraged women to be users. Phrenology allowed women to negotiate gender and by encouraging followers to ‘know (...) thyself,’ phrenology blurred the lines of expertise, creating a fluid interplay between users and producers of knowledge. This article then shows how categories of women users–practitioners, consumers and feminists–implemented or rejected elements of phrenology as they sought to affirm or amend prescribed gender roles. As the industrial economy seemed to divide public and private, production and consumption, masculine and feminine, phrenology allowed women and men to stand within and between these binaries. At the same time, some women used phrenology to classify themselves and others in a socio-natural hierarchy and further engrained scientific racism in American culture. (shrink)

According to the standard objection, Kantian constructivism implicitly commits to value realism or fails to warrant objective validity of normative propositions. This paper argues that this objection gains some force from the special case of moral obligations. The case largely rests on the assumption that the moral domain is an eminent domain of special objects. But for constructivism there is no moral domain of objects prior to and independently of reasoning. The argument attempts to make some progress in the debate (...) by defending a robust conception of construction, which names a distinctive view of practical reasoning as transformative. (shrink)

According to a widely accepted philosophical model, agent-regret is practically significant and appropriate when the agent committed a mistake, or she faced a conflict of obligations. I argue that this account misunderstands moral phenomenology because it does not adequately characterize the object of agent-regret. I suggest that the object of agent-regret should be defined in terms of valuable unchosen alternatives supported by reasons. This model captures the phenomenological varieties of regret and explains its practical significance for the agent. My contention (...) is that agent-regret is a mode of valuing: a way in which the agent expresses and confers value. (shrink)

This study presents the first neuroimaging investigation of female psychopathy in an incarcerated population. Prior studies have found that male psychopathy is associated with reduced limbic and paralimbic activation when processing emotional stimuli and making moral judgments. The goal of this study was to investigate whether these findings extend to female psychopathy. During fMRI scanning, 157 incarcerated and 46 non-incarcerated female participants viewed unpleasant pictures, half which depicted moral transgressions, and neutral pictures. Participants rated each picture on moral transgression severity. (...) Psychopathy was assessed using the Psychopathy Checklist-Revised (PCL-R) in all incarcerated participants. Non-incarcerated participants were included as a control group to derive brain regions of interest associated with viewing unpleasant vs. neutral pictures (emotion contrast), and unpleasant pictures depicting moral transgressions vs. unpleasant pictures without moral transgressions (moral contrast). Regression analyses in the incarcerated group examined the association between PCL-R scores and brain activation in the emotion and moral contrasts. Results of the emotion contrast revealed a negative correlation between PCL-R scores and activation in the right amygdala and rostral anterior cingulate. Results of the moral contrast revealed a negative correlation between PCL-R scores and activation in the right temporo-parietal junction. These results indicate that female psychopathy, like male psychopathy, is characterized by reduced limbic activation during emotion processing. In contrast, reduced temporo-parietal activation to moral transgressions has been less observed in male psychopathy. These results extend prior findings in male psychopathy to female psychopathy, and reveal aberrant neural responses to morally-salient stimuli that may be unique to female psychopathy. (shrink)

European Journal of Philosophy, Volume 29, Issue 3, Page 646-663, September 2021.

Corporate, Social, Ethical and Environmental Reporting should ideally discharge the accountability of an organisation to its stakeholders. Voluntary reporting has been characterised by a dearth of neutral and objective information such that the advocates of SEER recommend that it be made compulsory. Their underlying rationale is that legally specified disclosure requirements and enforcement mechanisms will enhance the quality of such reporting. This paper sets out to explore how realistic this scenario actually is, in view of the conflicting interpretations in the (...) literature on this subject. To that end, a survey of the reporting patterns of 78 of the largest Spanish companies between 2001 and 2003 examines the extent of their compliance with the ICAC-2002 standard, which obliged them to make environmental disclosures in their financial statements. The results suggest that progressive and improved regulation could increase the volume and quality of SEER disclosures. They also suggest, however, that persistent non-compliance means that the problems associated with voluntary disclosure still exist. Finally, through an impression management perspective, the study reveals, the diverse strategies, ranging from dismissal to concealment, that are employed by companies to avoid transparency. As regulation improves and enforcement expectations rise, it becomes more difficult to dismiss compulsory reporting norms. As a result, some firms engage in more complex concealment strategies to attain corporate legitimacy, depriving stakeholders of regulatory information. The latter point serves to reconcile apparently contradictory explanations in the literature as to whether legitimacy theory might explain partial compliance with SEER regulation. (shrink)

According to a traditional account, moral cognition is an achievement gained over time by sharing a practice under the guidance and the example of the wise, in analogy with craft and apprenticeship. This model captures an important feature of practical reason, that is, its incompleteness, and highlights our dependence on others in obtaining moral knowledge, coherently with the socially extended mind agenda and recent findings in empirical psychology. However, insofar as it accords to exemplars’ decisive authority to determine the standard (...) of correctness for moral cognition, the model does not offer protection against arbitrariness and discrimination. The article argues that to understand the socially distributed nature of practical knowledge, we have to discard the notion of exemplars and reconceive of others as having equal normative standing. This claim allows us to revisit the conception of autonomy as key to distributed practical knowledge. While autonomy does not amount to selfsufficiency and self-reliance, it does demand independence of judgement and stands in contrast to servility, submission, and other sorts of defective ways of relying on others. The requirement of equal standing provides the basis for distinguishing between proper and improper reliance on others. Keywords: autonomy, Aristotle, exemplarism, extended mind, constructivism, practical knowledge, equal standing. (shrink)

In this paper, I characterize a new kind of testimonial injustice, a phenomenon I call ‘testimonial void’, which involves a substantial extension of the limits of the original concept put...

According to Iris Murdoch, the chief experience in morality is loving attention. Her view calls into question the Kantian account of the standard of moral authority, and ultimately denies that reason might provide moral discernment, validate moral experience or drive us toward moral progress. Like Kant, Murdoch defines the moral experience as the subjective experience of freedom, which resists any reductivist approach. Unlike Kant, she thinks that this free agency is unprincipled. Some of her arguments are based on an oversimplified (...) account of Kant’s theory of reflective agency and discount the discipline of reason, thereby nullifying its practical import. However, Murdoch’s work offers a distinctive view of the standard of proof as a ‘moral proof’, which rehabilitates the transformative power of love and represents a genuine alternative to theories of practical reason as well as to reductivist empiricist views of the mind. (shrink)

Some philosophers object that Kant's respect cannot express mutual recognition because it is an attitude owed to persons in virtue of an abstract notion of autonomy and invite us to integrate the vocabulary of respect with other persons-concepts or to replace it with a social conception of recognition. This paper argues for a dialogical interpretation of respect as the key-mode of recognition of membership in the moral community. This interpretation highlights the relational and practical nature of respect, and accounts for (...) its governing role over other persons-regarding concepts. (shrink)

G. A. Cohen and J. Raz object that Constructivism is incoherent because it crucially deploys unconstructed elements in the structure of justification. This paper offers a response on behalf of constructivism, by reassessing the role of such unconstructed elements. First, it argues that a shared conception of rational agency works as a starting point for the justification, but it does not play a foundational role. Second, it accounts for the unconstructed norms that constrains the activity of construction as constitutive norms. (...) Finally, on this basis, it draws a contrast between constructivist and foundational methods of ethics, such as deontology and teleology. (shrink)

Hinsichtlich der Perspektive, die wir versuchen zu vertreten, enthält der logische Aufbau der Grundlage der gesammten Wissenschaftslehre von 1794-1795 durch das Anstreben einer Beziehungslogik, d.h. des Zusammenhaltens der Gegensätze, die Voraussetzungen für die weitere Entwicklung der Lehre Fichtes, vor allem in Hinsicht auf das Politische.

This publication features the stories and experiences of pharmacy professionals who identify as members of historically underrepresented groups. This collection of personal essays presents significant events in the lives of those in the pharmacy community whose experiences have been shaped by their race, ethnicity, gender or gender presentation, sexual orientation, ability, language, mental health, or other factors. The perspectives from the narratives highlight the importance of diversity, equity, and inclusion in the healthcare sector. The authors of the narratives also reflect (...) on their experience to consider what they wish would have happened in the experience, to offer advice for others that may be faced with similar situations. Access to these stories will deepen the collective understanding among pharmacy colleagues, patients, and society of the experiences that individuals from historically underrepresented groups within pharmacy have experienced. (shrink)

Understanding the role of emotion in moral judgment has been an active area of investigation and debate. Here we comment on this topic by examining the interaction between emotion and moral judgment in certain psychopathological groups that are characterized by abnormalities in emotion processing, such as psychopaths and sexual offenders with paraphilic disorders.

Mental body-representations are highly plastic and can be modified after brief exposure to unexpected sensory feedback. While the role of vision, touch and proprioception in shaping body-representations has been highlighted by many studies, the auditory influences on mental body-representations remain poorly understood. Changes in body-representations by the manipulation of natural sounds produced when one's body impacts on surfaces have recently been evidenced. But will these changes also occur with non-naturalistic sounds, which provide no information about the impact produced by or (...) on the body? Drawing on the well-documented capacity of dynamic changes in pitch to elicit impressions of motion along the vertical plane and of changes in object size, we asked participants to pull on their right index fingertip with their left hand while they were presented with brief sounds of rising, falling or constant pitches, and in the absence of visual information of their hands. Results show an "auditory Pinocchio" effect, with participants feeling and estimating their finger to be longer after the rising pitch condition. These results provide the first evidence that sounds that are not indicative of veridical movement, such as non-naturalistic sounds, can induce a Pinocchio-like change in body-representation when arbitrarily paired with a bodily action. (shrink)

Background: Publication of ethically uncertain research occurs despite well-published guidelines set forth in documents such as the Declaration of Helsinki. Such guidelines exist to aide editorial staff in making decisions regarding ethical acceptability of manuscripts submitted for publication, yet examples of ethically suspect and uncertain publication exist. Our objective was to survey journal editors regarding practices and attitudes surrounding such dilemmas. Methods: The Editor-in-chief of each of the 103 English-language journals from the 2005 Abridged Index Medicus list publishing original research (...) were asked to complete a survey sent to them by email between September-December 2007. Results: A response rate of 33% (n = 34) was obtained from the survey. 18% (n = 6) of respondents had published ethically uncertain or suspect research within the last 10 years. 85% (n = 29) of respondents stated they would always reject ethically uncertain articles submitted for publication on ethical grounds alone. 12% (n = 4) of respondents stated they would approach each submission on a case-by-case basis. 3% (n = 1) stated they would be likely to publish such research, but only with accompanying editorial. Only 38% (n = 13) give reviewers explicit instruction to reject submissions on ethical grounds if found wanting. Conclusions: Editorial compliance with the Declaration of Helsinki in rejecting research that is conducted unethically was difficult to ascertain because of a poor response rate despite multiple attempts using different modalities. Of those who did respond, the majority do reject ethically suspect research but few explicitly advise reviewers to do so. In this study editors did not take advantage of the opportunity to describe their support for the rejection of the publication of unethical research. (shrink)

On Kant's view, the feeling of respect is the mark of moral agency, and is peculiar to us, animals endowed with reason. Unlike any other feeling, respect originates in the contemplation of the moral law, that is, the idea of lawful activity. This idea works as a constraint on our deliberation by discounting the pretenses of our natural desires and demoting our selfish maxims. We experience its workings in the guise of respect. Respect shows that from the agent's subjective perspective, (...) morality is the experience of being bound and necessitated, but also of being free and emancipated from inclinations.Respect is a feeling that is generated by the agent's reflection on the nature of her own agency. It is not directed to anybody in particular, but to the very idea of rational agency, which is characterized by self-mastery and self-legislation. Contrary to animals, we do not derive our ends from nature, but we are capable of setting ends of our own, by exercising practical reason, that is, by engaging in the activity of law making. (shrink)

Some moral claims strike us as objective. It is often argued that this shows morality to be objective. Moral experience – broadly construed – is invoked as the strongest argument for moral realism, the thesis that there are moral facts or properties.See e.g. Jonathan Dancy, “Two conceptions of Moral Realism,” Proceedings of the Aristotelian Society 60 : 167–187. Realists, however, cannot appropriate the argument from moral experience. In fact, constructivists argue that to validate the ways we experience the objectivity of (...) moral claims, realism must be rejected.Christine M. Korsgaard, The Sources of Normativity . There is a general agreement that ethical theory bears the burden of proof of explaining the objective-seeming features of our moral experience.While disputing objectivity, antirealists commit themselves to account for the objectivist pretensions of moral claims. Anti-realists agree with the traditional view that moral experie .. (shrink)