El presente trabajo de investigación tiene como objeto el estudio de la legislación penal en la República de Colombia desde 1890 hasta la actualidad con la ley 599 de 2000, este último conocido como el vigente Código Penal. Lo anterior, conforme a la siguiente pregunta problémica ¿se ha dado un desarrollo oportuno de la legislación penal colombiana que otorgue soluciones fehacientes a las necesidades de una política criminal sólida desde sus inicios hasta la actualidad? Con ello, se pretende analizar las (...) diversas escuelas que han influido en los legisladores a la promulgación y tipificación de los delitos y sus penas en el marco jurídico penal colombiano. Se destaca ante todo, el análisis que a lo largo del desarrollo del ordenamiento jurídico colombiano abarca el contexto constitucional, doctrinal y jurisprudencial, los cuales, han logrado evidenciar el carácter de un óptimo “derecho penal” a lo largo del contexto histórico del país en mención. Se destaca así, la gran influencia de las Escuelas Clásica, Positivista y Finalista, que a hoy han venido a establecerse con fuerza en Colombia a lo largo de su codificación, desde 1980 hasta la actual ley 599 del año 2000. (shrink)

The purpose of this article is to analyze the significance of the absence of the problem of living body in Heidegger's analytic of Dasein. In order to evaluate the occurrences of the problem of the body in Being and Time, I also refer to the context of some of Heidegger's later work where there is to be found a sketch of an ontological investigation of the living body. I analyze then in detail the scarce occurrences of body in the fundamental (...) ontology, showing finally that the lack of a proper phenomenological examination of living body generates a series of conceptual difficulties for the problem of Dasein's death, precisely when the issue of dead body is at stake. (shrink)

Entre 1843 y 1844, uno de los conceptos centrales del pensamiento de Karl Marx es el de ser genérico. Es indudable en este concepto la herencia terminológica feuerbachiana, cuya principal referencia es el concepto de género. Sin embargo, este trabajo muestra que en su funcionamiento el ser genérico, lejos prolongar el concepto feuerbachiano, implica su refutación. Esto permite comprenderlo en una problemática más amplia de la obra de Marx: el proceso histórico de sustitución de las interrelaciones fundantes de los cuerpos (...) por su forma representada. (shrink)

ABSTRACT This article aims to analyze the process of mutual understanding from the perspective of Discursive Neurolinguistics. As a methodology, a case study was carried out on a child with a linguistic profile of verbal restriction, which concerns the dimension of utterances involving words and their morphology. Data interpretation was based on the Bakhtinian perspective, which addresses ‘understanding’ as an active-responsive process and meaning as emerging from the relationship between utterances. The results showed that the interlocutors’ common ground allowed the (...) joint construction of meaning even in the face of verbal restrictions, and aspects such as nonverbal elements and the recognition of the child’s active-responsive role also favored mutual understanding. As a conclusion, the attention to different multimodal resources as legitimate modes of expression allows children with verbal restrictions to fulfill the role of “speakers” regardless of their modes of expression. (shrink)

Very large databases are a major opportunity for science and data analytics is a remarkable new field of investigation in computer science. The effectiveness of these tools is used to support a “philosophy” against the scientific method as developed throughout history. According to this view, computer-discovered correlations should replace understanding and guide prediction and action. Consequently, there will be no need to give scientific meaning to phenomena, by proposing, say, causal relations, since regularities in very large databases are enough: “with (...) enough data, the numbers speak for themselves”. The “end of science” is proclaimed. Using classical results from ergodic theory, Ramsey theory and algorithmic information theory, we show that this “philosophy” is wrong. For example, we prove that very large databases have to contain arbitrary correlations. These correlations appear only due to the size, not the nature, of data. They can be found in “randomly” generated, large enough databases, which—as we will prove—implies that most correlations are spurious. Too much information tends to behave like very little information. The scientific method can be enriched by computer mining in immense databases, but not replaced by it. (shrink)

In this paper a tentative explanation of the competence of argumentation from an evolutionary point of view is offered. Because in contemporary argumentation theory and the informal logic approach the evolutionary perspective has been neglected, this paper gives an initial overview on the matter with the hope that core aspects of the argumentative faculty—such as argumentative normativity, the function of arguments, or fallacious moves, among others—can be seen differently afterwards. In order to specify the proposal, the main concepts considered are (...) the notion of collective intentionality, cooperation, reputation, niche construction and, of course, basic evolutionary terms. (shrink)

In this paper, we develop an organizational account that defines biological functions as causal relations subject to closure in living systems, interpreted as the most typical example of organizationally closed and differentiated self-maintaining systems. We argue that this account adequately grounds the teleological and normative dimensions of functions in the current organization of a system, insofar as it provides an explanation for the existence of the function bearer and, at the same time, identifies in a non-arbitrary way the norms that (...) functions are supposed to obey. Accordingly, we suggest that the organizational account combines the etiological and dispositional perspectives in an integrated theoretical framework. IntroductionDispositional ApproachesEtiological TheoriesBiological Self-maintenance Closure, teleology, and normativityOrganizational differentiationFunctions C1: Contributing to the maintenance of the organization C2: Producing the functional trait Implications and Objections Functional versus useful Dysfunctions, side effects, and accidental contributionsProper functions and selected effectsReproductionRelation with other ‘unitarian’ approachesConclusions. (shrink)

The organizational account of biological functions interprets functions as contributions of a trait to the maintenance of the organization that, in turn, maintains the trait. As has been recently argued, however, the account seems unable to provide a unified grounding for both intra- and cross-generation functions, since the latter do not contribute to the maintenance of the same organization which produces them. To face this ‘ontological problem’, a splitting account has been proposed, according to which the two kinds of functions (...) require distinct organizational definitions. In this article, we propose a solution for the ontological problem, by arguing that intra- and cross-generation functions can be said to contribute in the same way to the maintenance of the biological organization, characterized in terms of organizational self-maintenance. As a consequence, we suggest maintaining a unified organizational account of biological functions. (shrink)

The debate about how neurotechnologies impact authenticity has focused on two inter-related dimensions: self-discovery and self-creation. In this paper, we develop a broader framework that includes the experimental and relational dimensions of authenticity, both understood as decisive for shaping one’s narrative identity. In our view, neurointerventions that alter someone’s personality traits will also impact her very own self-understanding across time. We argue that experimental authenticity only needs a minimum conception of narrative coherence of the self and that reversibility should remain (...) a key feature in the ethical assessment of neurotechnologies. The relational dimension of authenticity derives from the fact that a process of self-constitution is never a solitary business. The significant others act not just as subsequent judges of one’s life decisions, but as real co-authors of one’s self. We discuss relevant cases in which others are actively contributing to the meaning-making process, as to the direction one’s life is taking. We also claim that the experimental and the relational dimensions of authenticity should aim to correct each other. The relational dimension introduces socially approved standards as well as limitations to the array of available possibilities of self-fashioning or human enhancement. The experimental side enables us to avoid confusing one’s personal identity with a social and narrative construct that only bears the mark of social pressure and conformism. (shrink)

Some comparisons are hard. How should we think about such comparisons? According to John Broome, we should think about them in terms of vagueness. But the vagueness account has remained unpopular thus far. Here I try to bolster it by clarifying the notion of comparative vagueness that lies at its heart.

Currently, humanity is experiencing an explosive growth in technological objects designed to improve the body and mind. The main objective of this article is to review two recent classificatory and explanatory systems to cognitive enhancement cybernetic technologies, including both wearable and implantable artifacts that reorganize human embodiment or extend the mind. I argue that an outdated model of the cognitive sciences serves as the basis for these revised systems and taxonomies. Taking an embodied approach to the cognitive sciences, I propose (...) an alternative focus to classify cognitive enhancement cybernetic technologies. Specifically, by adopting a non-orthodox enactive approach to embodied cognition, I propose a new classificatory system that redefines the notion of the cybernetically enhanced human, restricting it to a purely cognitive context. Finally, I evaluate some philosophical implications of my system. (shrink)

Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed at all, (...) that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap. (shrink)

The forfeiture thesis is posed as an independent thesis in moral philosophy according to which agents forfeit (or lose) rights if they perform certain act-types. According to many, this thesis plays a crucial role in the justification of (legal) punishment. In this paper, I argue that the forfeiture thesis is unnecessary – we can simply dismiss it without any substantive loss. Echoing an aspect of the specificationist approach to rights, the reason is that we may replace the forfeiture thesis with (...) an exception clause in the very content of the right not to be subjected to hard treatment: P has no right not to be subjected to hard treatment simpliciter, but a right not to be subjected to hard treatment unless P performs an act-type φ – e.g., murdering an innocent person. This alternative has substantive advantages over the forfeiture thesis, which, in turn, shows that the former cannot be reduced to the latter. (shrink)

Gödel's Incompleteness Theorems have the same scientific status as Einstein's principle of relativity, Heisenberg's uncertainty principle, and Watson and Crick's double helix model of DNA. Our aim is to discuss some new faces of the incompleteness phenomenon unveiled by an information-theoretic approach to randomness and recent developments in quantum computing.

In this paper, I examine to what extent can a more or less uncontroversial list of human rights ground a liberal notion of toleration that would have as its object nonliberal states. Although it is sometimes taken for granted that respect for human rights should draw the limits of toleration, I argue that the Rawlsian argument for it does not fully work. More exactly, I defend the idea that, although he tries to warrant positive toleration for non-liberal peoples, the concept (...) of human rights can provide an argument only for a negative type of toleration. According to his reasoning, positive toleration would require an argument from the 'primacy of peoples', which unfortunately is implausible. Last but not least, I raise the question regarding the grounding of human rights as a vindicating tool for toleration. Here I argue that such an argument is necessary and propose one to the effect that human rights proper can justify toleration in the same way the harm principle does. Since the harm principle can justify non-interference only, the notion of human rights can ground a negative type of toleration. (shrink)

In this article, I focus on the problem of body as it is developed in Heidegger’s Zollikon Seminars, in contrast with its enigmatic concealment in Being and Time. In the first part, I emphasize the implicit connection of Heidegger’s approach of body with Husserl’s problematic of Leib and Körper, and with his phenomenological analyses of tactility. In the second part, I focus on Heidegger’s distinction between the limits of the lived body and the limits of the corresponding corporeal thing, opening (...) to an ontological understanding of the ecstatic bodying forth of the body. In the third part, I analyse this ecstatic bodiliness in relation to the problem of spatiality, exploring the tension between the here and the over there in the experience of the embodiment. Heidegger not only refuses to understand the space starting from the here of the body, but he also refuses to understand the body starting from the here of the space. Thus, there are two interconnected inversions that Heidegger operates in relation to Husserl: In the topic of spatiality, he rejects the pre-eminence of the here; in relation to the body, he contests the primacy of tactility. Finally, the conclusion stresses that, even if the bodying forth penetrates almost all behaviour of Dasein in the world, there is however a limit of embodiment, an unreachable frontier beyond any possibility of the bodying forth, namely the understanding of being. This also implies that the problem of body needs be understood in the context of the ontological difference. (shrink)

Archaeology, like most sciences that rely on stratigraphic excavation for studying the past, tends to conceptualize this past as lying deep underneath the ground. Accordingly, chronologies tend to be depicted as a movement from bottom to top, which contrast with sciences that illustrate the passage of time horizontally. By paying attention to the development of the visual language of disciplines that follow stratigraphy, I show how chronologies get entangled with other temporalities, particularly those of writing. Relying on recent ethnographic work (...) with archaeologists, the analysis reveals that excavation emerges as a double vertical movement of downward destruction and upward reconstruction that coincides with a systematic dissociation of time and space that has important effects for the understanding of the formation of sites. I conclude by looking at some of the implications of this dissociation for contemporary theoretical discussions, particularly those that emerged after the phenomenological push to horizontalize the discipline. Challenging this dissociation, I argue that the conceptualization of time in science should be understood as a process that depends on the body and unfolds in movement. (shrink)

Este artículo se basa en la problematización del concepto marxiano de alienación, interpretándolo a partir del problema más amplio del proceso histórico de sustitución creciente de las relaciones fundantes de los cuerpos por su forma representada. En primer lugar, se abordará el filosofema de la alienación, fundamentalmente en las concepciones de Hegel y Feuerbach, para mostrar, sobre fondo de esa relación, cuál es la diferencia específica de la perspectiva marxiana. A continuación, se seguirá paso a paso el desarrollo del concepto (...) de alienación del propio Marx, desde la concepción del trabajo alienado hasta la separación de los individuos de su ser genérico como una existencia contradictoria. Estos resultados se prolongarán en el apartado siguiente, para mostrar cómo la contradicción que implica separar al sujeto de su ser genérico solo se hace posible al recorrer el camino inverso de su reunificación en el dinero, que opera así como sustitución representada del ser genérico. (shrink)

Kitcher has proposed an ideal-theory account—well-ordered science (WOS)— of the collective good that science’s research agenda should promote. Against criticism regarding WOS’s action-guidance, Kitcher has advised critics not to confuse substantive ideals and the ways to arrive at them, and he has defended WOS as a necessary and useful ideal for science policy. I provide a distinction between two types of ideal-theories that helps clarifying WOS’s elusive nature. I use this distinction to argue that the action-guidance problem that WOS faces (...) remains even under the aims/means distinction, because the WOS’s failure is more basic than critics have suggested. (shrink)

El presente texto tiene como propósito analizar teórico-conceptualmente las prácticas pedagógicas de la ética implementadas por los docentes en la universidad tradicional y la universidad popular en los años 2010 – 2020. Teniendo en cuenta, primero, las características inherentes de la universidad tradicional tanto en sus orígenes y principios fundamentales; segundo, las practicas pedagógicas de la ética en el rol docente; y tercero, el advenimiento, desarrollo y propuesta de la Universidad popular. Mediante este análisis fue posible develar los paralelismos entre (...) sus divergencias y puntos de encuentro con base en la ética-práctica del rol docente, para el mejoramiento continuo tanto de esta área del conocimiento como de los demás saberes en general. (shrink)

Agroecology has been criticized for being more labor-intensive than other more industrialized forms of agriculture. We challenge the assertion that labor input in agriculture has to be generally minimized and argue that besides quantity of work one should also consider the quality of work involved in farming. Early assessments on work quality condemned the deskilling of the rural workforce, whereas later criticisms have concentrated around issues related to fair trade and food sovereignty. We bring into the discussion the concept of (...) contributive justice to welcome the added labor-intensity of agroecological farming. Contributive justice demands a work environment where people are stimulated to develop skills and learn to be productive. It also suggests a fairer distribution of meaningful work and tedious tasks. Building on the notion of contributive justice we explore which capabilities and types of social relationships are sustainably promoted and reinforced by agroecological farming practices. We argue that agroecological principles encourage a reconceptualization of farm work. Farmers are continuously stimulated to develop skills and acquire valuable experiential knowledge on local ecosystems and agricultural techniques. Further, generalized ecological studies recognize the significance of the farmer’s observations on natural resources management. This contributes to the development of a number of capabilities and leads to more bargaining power, facilitating self-determination. Hereby farm work is made more attractive to a younger generation, which is an essential factor for safeguarding the continuity of family farms. (shrink)

This paper argues for a revised concept of authenticity entailing two demands that must be balanced. The first demand moves authenticity from the position of a strictly self-regarding virtue towards the position of a fully social virtue, acknowledging the crucial feature of steadiness, i.e. self-consistency, as being precisely what we ‘naturally’ lack. Nevertheless, the value of personal authenticity in a modern, open society comes from the fact that it brings about not only steadiness, but also the public development of a (...) variety of existential options that can be understood as Millian ‘original experiments in living’. Thus the second demand of authenticity is a demand for ‘experimental’ authenticity which covers the whole spectrum of technologies of the self, from Nietzschean ‘brief habits’, to the use of enhancement technologies. (shrink)

In this paper I explore the implications of moral vagueness (viz., the vagueness of moral predicates) for non-naturalist metaethical theories like those recently championed by Shafer-Landau, Parfit, and others. I characterise non-naturalism in terms of its commitment to 7 theses: Cognitivism, Correspondence, Atomism, Objectivism, Supervenience, Non-reductivism, and Rationalism. I start by offering a number of reasons for thinking that moral predicates are vague in the same way in which ‘red’, ‘tall’, and ‘heap’ are said to be. I then argue that (...) the moral non-naturalist seeking to countenance moral vagueness faces a dilemma: are moral properties vague, or perfectly sharp? On either horn of the dilemma, serious problems arise for some of the central tenets of non-naturalism: vague properties seem to threaten Objectivism, Supervenience, and Non-reductivism; on the other hand, sharp properties raise problems for Supervenience and Rationalism. The difficulties on each horn of the dilemma are real, and while they may not be insuperable, they do, at the very least, drastically limit the things non-naturalists can consistently say about moral properties, facts, and reasons. (shrink)

The Anthropocene is seen by many scholars across the sciences and the humanities as a tool for political action. Yet the validation process for this term appears to be extremely conservative. According to geologists’ leading efforts to formalize the term, signals need to petrify in stratigraphic sequences in order to become candidates to mark the start of the Anthropocene. I argue that this emphasis results from a fossilized view of becoming, where time is seen as a punctuated accumulation of solid (...) surfaces that are accessible only in retrospect. I show that this petrified view of change relates to a tendency to divorce earth and sky, which currently divides the practices of humanities scholars and geologists, as well as those of earth system scientists and stratigraphers collaborating on the formalization of the Anthropocene. Challenging this tendency, I conclude, requires opening up earth’s history to the more-than-solid flows of environmental change. (shrink)

Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: open access, commons, private property, (...) state property and common heritage of humankind. After presenting each property regime, we will examine whether and how these incentivize the conservation, improvement and sharing of crop genetic resources, and conclude by defending a mixed property regime. (shrink)

I examine the current state of the debate on the metaphysics of science. In 1, I identify some of the main questions belonging to the MS, looking into the relationship between science and metaphysics. In 2, I expound the rise of the old wave in the MS, which endorses the belief that metaphysics is a guide to, or a heuristic for, science and outlines the stronger idea that metaphysics makes science possible. In 3, I examine the maximalist MS. This is (...) a contemporary revival of the old wave, reformulating the claim that metaphysics makes science possible. In 4, I look into the new wave in the MS, which argues that science is a guide to metaphysics and, more radically, that metaphysics is to be motivated by, and restricted to, science. In 5, I briefly introduce my own minimalist MS, which contends that science sets the epistemic, methodological and ontological criteria which should work as desiderata of the MS. I close this chapter in 6 with some concluding remarks. (shrink)

In this article I discuss the conditions under which sovereign debts are not morally binding for a state. Following an old legal doctrine, I call non-binding debts ‘odious'. I proceed as follows. First, I argue that alternative accounts on the morality of debts are unsatisfactory. The problem these accounts have are that they do not clearly identify the philosophical issues that underlie the notion of odious debts, or that they fail to specify what exactly the immorality of odious debts consists (...) in. Second, I defend the view that a debt is odious when two conditions are satisfied: borrowed funds were used by public officials for purposes for which they were not authorised lenders knew, or should have known, about possible unauthorised uses of those funds. If these two conditions are both satisfied, debts should not be considered debts of the state, but rather personal debts of rulers. Third, I discuss the feasibility of my approach by exploring how it would work in the current world. Finally, I d.. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

Se ofrece una respuesta inicial a la pregunta sobre el recorrido evolutivo de la competencia argumentativa. Se asume decididamente la hipótesis de la intencionalidad colectiva y la cooperación como rasgos estructurales que permiten entender la argumentación como un fenómeno normativo. Se concluye que la argumentación fue producto de una presión selectiva para la multiplicación de representaciones alternativas provenientes de una mayor cantidad de agentes de un mismo o diferente grupo. La presión evolutiva seleccionó la comunicación de buenas razones a través (...) del conflicto verbal y permitió, al agente individual, generar reputación, lo que va en su directo beneficio reproductivo. (shrink)

This article addresses the question of the object of psychology in the context of recent attempts in philosophy of mind to restore the concept of the soul in the framework of a strong anthropological dualism. After an historical and philosophical explanation of the modern dismissal of the human soul as the object of psychology, this article provides a critical examination of the new turn to dualism by reference to an exemplary case. It is shown that apriorism and spiritualism are the (...) two fundamental problems that explain neodualism’s inefficacy to provide a convincing argument for the restoration of the substantial soul as the object of psychology. Finally, certain guidelines for a new approach to this question are proposed in rudimentary form. (shrink)

In contrast to the “normativist” view, “naturalist” theorists claim that the concept of health refers to natural or normal states and propose different characterizations of healthy and diseased conditions that are meant to be objectivist and biologically grounded. In this article, we examine the core concept of these naturalist accounts of disease, i.e., the concept of biological malfunction, and develop a new formulation of the notion of malfunction following the recent organizational approach to functions in the philosophy of biology. We (...) focus on the notions of adaptive regulation and functional presupposition to develop a new conceptual framework that justifies the ascription of malfunctional behaviors to biological systems according to the embodied normativity of biological organizations. (shrink)

Barnes (2014) has argued in this journal for the following conditional: If there is any metaphysical indeterminacy, this must be at the most fundamental level of reality. To argue for this claim, Barnes relies on two principles that I shall call bivalent completeness and determinate link. According to the former, a complete description is a bivalent assignment of truth values to every sentence. The determinate link, instead, establishes that the determination relation between levels of reality preserves determinacy from one level (...) to another. In response to Barnes’ conclusion, Eva (2018) has recently pointed out that bivalent completeness is question begging. In this paper, I will first show why Eva's line of reasoning can be resisted. My aim will then be to present a stronger case against Barnes’ argument by challenging the determinate link. In the presence of metaphysical indeterminacy, the link between fundamental and derivative facts might itself be the locus of indeterminacy. I will conclude by showing that Barnes and Eva make many unwarranted assumptions regarding both indeterminacy and fundamentality. The logical space around the connection between these two notions appears to be much wider than what they seem to be aware of, or so I will argue. (shrink)

Wodak (2019) persuasively argues that we are not justified in believing that well-being measurements are linear. From this, he infers grave consequences for both political philosophy thought experiments and empirical psychological research. Here I argue that these consequences do not follow. Wodak’s challenges to the status of well-being measurements do not affect thought experiments, and well-being empirical researchers may be justified in making average comparisons even if their measurements are not linear.

This volume collects previously unpublished contributions to the philosophy of science. What brings them together is a twofold goal: first and foremost, celebrating the name of Roberto Torretti, whose works in this and other areas have had –and continue to have– a significant impact on the international philosophy of science community; and second, the desire of advancing novel perspectives on various issues in the philosophy of science broadly construed. Roberto Torretti has made substantial contributions to current debates in the history (...) and philosophy of science, the general philosophy of science, and the philosophy of physics and geometry. Among his landmark contributions, we find his investigations in the history and philosophy of geometry, as well as his systematic studies of Einstein's relativity theory. This volume convenes leading philosophers and early-career scholars compiling a fine collection of chapters addressing recent debates on Kantian philosophy of science, the general philosophy of science, and the history and philosophy of physics and mathematics. (shrink)

In this paper, we raise two points. First, any rights‐based theory should provide a method by which to guide reasoning in addressing conflicts of rights. The reason, we argue, is that these theories must provide guidance on what should be done. Second, this method must contain two key recommendations: (1) We should try to find a deliberative mechanism through which none of the rights is simply eliminated from the scene; (2) these rights may be balanced against each other to define (...) which right should prevail, but without considering non‐rights‐interests as if they were rights in the process. These recommendations instantiate two crucial principles that underlie our common intuitions on rights, namely, the principle that rights deserve equal respect and the principle that rights should be taken seriously. (shrink)

Is it justified to hold that an agent S has a (moral) right to P if the duty-bearer is not specified? There is an intense ongoing debate on this question. There are two positions in the literature. On the one hand, O´Neill´s much-discussed account of rights holds that it is justified to say that an agent S has a right to P if and only if the duty-bearer is sufficiently determined – i.e. if and only if it is clear against (...) whom S may claim her right to P (O’Neill 1986, 1988, 1996, 2000, 2005, 2016). Call this, the ‘claimability condition’. On the other hand, interest-based theorists argue that it can be justified to say that an agent S has a right to P even if the duty-bearer is not sufficiently determined (Caney 2007; Griffin, 2008; Raz 1988; Tasioulas 2007; see also: Etinson, 2013; Ypi 2010). Who (if anyone) is correct in this fundamental discussion about the very nature of rights? In this paper, I provide an answer to this crucial question. Neither O´Neill nor interest-based theorists provide good reasons to justify their positions. However, I argue, the claimability condition is an existence condition of rights justified on the basis of their action-guiding character. The reason is that if the duty-bearer is not specified, the content of the right (its correlative obligation) does not sufficiently guide what the agent should do because it is indeterminate who is required to act (or refrain from acting). (shrink)

Journal of Philosophy of Education, EarlyView.

This article addresses complexity by selecting some of its key aspects that share a common feature: the power to change. They seem to change not only the way the world is approached by scientists, but also the way this approach, the resulting perspectives and their multiple relationships, are interpreted. These main aspects are: the challenge of measurability, with an unexpected result that escapes the gravitational field of the measurability problem; the meaning of reproducibility and the redrawn boundaries of scientific inquiry, (...) with implications for the social sciences; the altered expectations concerning prediction, which seem to break with a glorious tradition of unquestioned technological success; and the discovery of all-embracing patterns of events that unavoidably include large events, possibly perceived as ‘crises’, which one may hope to understand and confront, rather than rule out. The resulting geography, with its new landmarks, new relationships among its elements and new means of orientation, is expected to reach the public sooner or later, even if the effect – according to complexity theory itself – cannot be foreseen in detail. All these fibres of change are considered in the context of a fresh meaning of time and of a topology dominated by network concepts. (shrink)

Nicu Gavrilutã, Miscãri religioase orientale. O perspectivã socio-antropologicã asupra globalizãrii practicilor yoga Ed. Provopress, Cluj-Napoca, 2006.

Explanations of the genuine openness of the future often appeal to objective indeterminacy. According to the received view, such indeterminacy is indeterminacy of certain future-tensed state of affairs that presently obtain. We shall call this view the weak indeterminate present, to distinguish it from the view we will defend in this paper, which we dub the strong indeterminate present. According to our view, unsettledness of the future is grounded on the present indeterminacy of some present-tensed state of affairs. In order (...) for an indeterminate present-tensed state of affairs to explain the unsettledness of a future-tensed state of affairs, there has to be a connection between the two. We argue that this connection can only be provided if we look at the internal structure of the relevant state of affairs. Finally, we will suggest that the best background theory to explain the connection are the so-called spontaneous collapse models of quantum mechanics. (shrink)