Los Estados confederados proyectan la existencia de un doble sistema normativo: federal y local. Esto provoca el surgimiento de colisiones y contradicciones entre ambos sistemas, lo que se pensaría debería ser resuelto por el derecho internacional, atendiendo el principio de subsidiariedad, no obstante, esto no siempre es así, ya sea porque el derecho internacional no regule ese caso concreto o bien, porque el Estado en cuestión no haya otorgado su consentimiento y la respuesta no le sea vinculante. Estas reflexiones invitan (...) a contrastar la naturaleza de las normas del derecho local y del derecho internacional, pues mientras que las primeras son asociativas, dado que no necesariamente requieren ser consentidas para ser vinculantes, las segundas, aparentemente, sí requieren el consentimiento de los Estados para que tengan efectos vinculantes. En este artículo pretendemos postular una posible solución al problema del conflicto entre los distintos órdenes normativos, partiendo desde una postura cuasi-voluntarista. Las obligaciones cuasi-voluntarias son aquellas que no surgen del consentimiento, pero tampoco completamente de los roles que tienen los Estados en el sistema internacional. Estas obligaciones nacen en el núcleo de grupos dominantes, a los que llamaremos grupos autocontenidos en el ámbito internacional, que tienen como rol la creación y socialización de las normas y obligaciones de derecho internacional, logrando que los otros grupos simplemente las sigan como si tuvieran un deber de hacerlo. Para ello, servirá como referencia el análisis del caso de las disimiles normas migratorias entre California y Texas dentro de Estados Unidos. (shrink)

Background: Serious games have shown positive results in increasing motivation, adherence to treatment and strengthening the therapeutic alliance in multiple psychiatric disorders. In particular, patients with impulse control disorders and other disorders in which the patient suffers from inhibitory control deficits have been shown to benefit from serious games.Aim: The aim of this study was to describe the characteristics and to evaluate the usability of a new serious videogame, e-Estesia. This serious videogame was designed to improve emotion regulation in patients (...) with gambling disorder. Preliminary results from a pilot sample are also reported.Method: A pilot sample of 26 patients undergoing treatment for GD was recruited. Participants used e-Estesia on a tablet, which was connected to a thoracic band that sent heart rate and heart rate variability data to the videogame platform in order to provide biofeedback. The System Usability Scale was completed by patients to determine the usability of e-Estesia.Results and Discussion: e-Estesia performed comparatively well for all the explored groups. Around 84.6% of the patients endorsed that it was easy to use. Female patients with GD presented higher HRV during the use of the serious videogame compared to men. (shrink)

The family of discounted Shapley values is analyzed for cooperative games in coalitional form. We consider the bargaining protocol of the alternating random proposer introduced in Hart and Mas-Colell. We demonstrate that the discounted Shapley values arise as the expected payoffs associated with the bargaining equilibria when a time discount factor is considered. In a second model, we replace the time cost with the probability that the game ends without agreements. This model also implements these values in transferable utility games, (...) moreover, the model implements the α\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\alpha $$\end{document}-consistent values in the nontransferable utility setting. (shrink)

How do scientists and theologians conceive new ways of mapping the world? Can parallels be found between the images they use, or the models they offer when new questions arise? I will explore Albert Einstein’s views on scientific imagination with the goal of contributing – at least within his own perspective – to answering these questions. Drawing on McGrath, I will first briefly describe Einstein’s desire for a unified vision of reality, the links between science and a ‘cosmic religion’, and (...) his overall ideas on transcendence. I will later further develop Einstein’s fundamental features of a cosmovision that grounds his work in physics, and encompasses his philosophical views on human existence and his general way of seeing the world. I will focus on Ideas and Opinions (1982), which will allow me to set the broad picture of his theory of everything and, at the same time, bring up the central aspects of Einstein’s ideas on the scientific imagination. Finally, I will briefly summarise my conclusions concerning Einstein’s views on the nature of scientific imagination as a mental device, especially regarding its twofold role in what I call ‘visual image play’ and conceptualization. (shrink)

In this text, we ask if analogy can enable a dialogue between religion and the social sciences. To do so, we focus in the conflict between the biblical understanding of man as a created being and the notion of human nature as a social construct. Although there seems to be a fundamental dispute in social constructivism between nature and freedom (Ian Hacking), we consider analogical reasoning (Mauricio Beuchot) enables anthropological views, like Philip Hefner’s, that include central aspects of the doctrine (...) of creation and understand nature and freedom as complementary human features, thus allowing the desired dialogue. (shrink)

Pegaso Zorokin es una novela experimental que fue publicada en 2012 en cinco volúmenes de la revista digital [Radiador] Magazine. Está compuesta por veintitrés capítulos sin aparente conexión entre ellos. Esta estructura complica una lectura global y pone en crisis la idea de novela. Sin embargo, es posible encontrar continuidad dentro de los fragmentos si se atiende a los puentes hipertextuales dentro del texto. Estas conexiones logran la unidad buscada. La conformación de la novela es muy similar a la de (...) cualquier red social digital. El objetivo de este artículo es explicar este funcionamiento dinámico. El trabajo analítico fue realizado bajo un método semiótico que involucra los conceptos semiósfera y persona semiótica de Yuri Lotman; hipertextualidad de Gerard Genette y propagabilidad de Gabrielle Marino. El análisis fue aplicado a tres de las cinco entregas de la novela de Arana, demostrando que el texto está compuesto por una red interna cohesionadora. (shrink)

Consensual homicide remains a crime in jurisdictions where active voluntary euthanasia has been legalized. At the same time, both jurisdictions, in which euthanasia is legal and those in which it is not, recognize that all patients (whether severely ill or not) have the right to refuse or withdraw medical treatment (including life-saving treatment). In this paper, I focus on the tensions between these three norms (the permission of active euthanasia, the permission to reject life-saving treatment, and the prohibition of consensual (...) homicide), assuming a justification of euthanasia based on the right to (personal) autonomy. I argue that the best way to provide a coherent account of these norms is to claim that patients have two distinct rights: the right to autonomy and the right to bodily integrity. This solution has some relevant implications for the discussion of the legalization of active euthanasia. (shrink)

The question I address in this paper is whether and under what conditions it is morally right to bring a person into existence. I defend the commonsensical thesis that, other things being equal, it is morally wrong to create a person who will be below some threshold of quality of life, even if the life of this potential person, once created, will nevertheless be worth living. However commonsensical this view might seem, it has shown to be problematic because of the (...) so-called 'Non-Identity Problem'. Both utilitarian and rights-based approaches have been unable to provide a solution to this problem. I rest my thesis on two premises: that causing a disability or impairment in a future person is prima facie wrong, so long as we can avoid causing such a disability to that very person; and that reproduction, under normal conditions, is prima facie morally indifferent. From these two premises, I conclude that it is prima facie wrong to bring into existence a person with a non-trivial disability or impairment (which might be, nonetheless, compatible with a worthwhile life), even if the only available alternative is to remain childless. (shrink)

Most people (and philosophers) distinguish between performing a morally wrong action and being blameworthy for having performed that action, and believe that an individual can be fully excused for having performed a wrong action. My purpose is to reject this claim. More precisely, I defend what I call the “Dependence Claim”: A's doing X is wrong only if A is blameworthy for having done X. I consider three cases in which, according to the traditional view, a wrong action could be (...) excused: duress, mental illness, and mistake. I try to show that the reasons for excusing in either case are not relevantly distinguishable from the reasons for claiming that the prima facie wrong action is not wrong all things considered. (shrink)

In this article I explore a kind of tragic choice that has not received due attention, one in which you have to save only one of two persons but the probability of saving is not equal (and all other things are equal). Different proposals are assessed, taking as models proposals for a much more discussed tragic choice situation: saving different numbers of persons. I hold that cases in which (only) numbers are different are structurally similar to cases in which (only) (...) probabilities are different. After a brief defense of this claim, I conclude that some version of consequentialism seems more promising for offering a plausible solution to the probability case. (shrink)

The question I address in this paper is whether there is a version of mental state welfarism that can be coherent with the thesis that we have a legitimate concern for non‐experiential goals. If there is not, then we should reject mental state welfarism. My thesis is that there is such a version. My argument relies on the distinction between “reality‐centered desires” and “experience‐centered desires”. Mental state welfarism can accommodate our reality‐centered desires and our desire that they be objectively satisfied. (...) My general strategy is, at the level of the value theory, somewhat analogous to the strategy that indirect consequentialism applies at the level of moral obligation theory. To test my argument, I appeal to Nozick's well‐known example of the Experience Machine. (shrink)

abstract The possibility that organ sales by living adults might be made legal is morally distressing to many of us. However, powerful arguments have been provided recently supporting legalisation (I consider two of those arguments: the Consequentialist Argument and the Autonomy Argument). Is our instinctive reaction against a market of organs irrational then? The aim of this paper is not to prove that legalization would be immoral, all things considered, but rather to show, first, that there are some kinds of (...) arguments, offered in favour of legalisation, that are, in an important sense, illegitimate, and second, that even if legalisation might not be wrong all things considered, there are good reasons for our negative moral intuitions. Moreover, identifying these reasons will help highlight some features of moral decisions in non‐ideal situations, which in turn might be relevant to some other moral or policy choices. (shrink)

ABSTRACT In a recent paper published in this journal, Thomas S. Petersen makes a qualified defense of what he calls ‘the Claim from Adoption’, according to which, ‘instead of expending resources on bringing new children [in developed countries] into the world using reproductive technology and caring for these children, we ought to devote these resources to the adoption and care of existing destitute children’. My purpose in this paper is not to discuss Petersen’s argument in favor of that claim. Rather, (...) I want to show that, even if the Claim from Adoption might be, other things being equal, true, it is not true all things considered. What is, all things considered, true is a much more complex set of statements, including a general prima facie obligation to adopt, as well as an obligation by the state of developed countries to discourage procreation and promote adoption of destitute children. (shrink)

We all agree on the justification of defending ourselves or others in some situations, but we do not often agree on why. Two main views compete: subjectivism and objectivism. The discussion has mainly been held in normative terms. But every theory must pass a previous test: logical consistency. It has recently been held that, at least in the case of defending others from aggression, objective theories lead, in some situations, to normative contradiction. My aim is to challenge the idea that (...) only objective theories have this uncomfortable feature. In fact, any plausible theory justifying the defense of others, whether subjectively or objectively, can lead to situations of normative inconsistency. Therefore, the logical test is not the most fitting one for choosing between different theories of private defense. (shrink)

El trabajo discute la justificación moral del uso de drones en conflictos armados, tanto desde el punto de vista de la moralidad profunda de la guerra como desde el punto de vista de cuál es la regulación jurídica moralmente justificable. Desde la óptica de la moralidad profunda, argumento que no es posible dar un veredicto general acerca de la permisión o prohibición moral del uso de drones. Desde la óptica de las convenciones jurídicas para regular los conflictos armados, sostengo que (...) la posición más razonable es la de una permisión fuertemente regulada, más que una prohibición absoluta. (shrink)

“ Moral luck” alludes to the fact of being responsible for things over which we have no control. Typically, we have neither control over the consequences of our acts of will nor over the circumstances in which these acts are performed. The Kantian thesis on oral responsibility claims that every kind of moral responsibility claims that every kind of moral luck should be eliminated from our moral language and practice. In the case of consequences, this aim does not seem impossible. (...) But circumstances are more difficult to avoid because the act of will itself has to be performed within the framework of circumstances that the agent cannot control at all, and these circumstances will dramatically bear on his/her responsibility. Therefore, the following anti-Kantian argument can be construed. Either we reject circumstantial luck argument can be construed. Either we reject circumstantial luck or we accept it. If we reject it, then every attribution of responsibility becomes impossible. If we accept it, then we no longer have a good argument against consequential luck, the core of the Kantian rejection of moral luck. In this paper, I defend the Kantian position from this argument, claiming that both kinds of moral luck are relevantly different. This will, nevertheless, lead to a revision of the scope of our judgments of responsibility. They compare how someone acted with how others would act in identical 8or similar) circumstances. (shrink)

According to the evidence-relative view of liability to defensive harm, a person is so liable if and only if she acts in a way that provides sufficient evidence to justify a (putative) victim’s belief that the person poses a threat of unjust harm, which may or may not be the case. Bas van der Vossen defends this position by analyzing, in relation to a version of Frank Jackson’s famous drug example, a case in which a putative murderer is killed by (...) a putative victim. Van der Vossen submits that the putative murderer is liable to be killed, which is a verdict that can be accommodated only by the evidence-relative view. We argue that Van der Vossen’s attempt to ground the evidence-relative view of liability to defensive harm fails. We also argue that this notion should be construed in fact-relative terms. This, however, does not mean that the notion of permissibility should necessarily also be understood in such a way in all possible cases. So, we explore whether the evidence-relative view of permissibility may be used in some contexts. (shrink)

La pregunta que exploro en este trabajo es si la injusticia social puede socavar la autoridad moral de la sociedad para castigar al que delinque. La respuesta a esta pregunta depende esencialmente de cuál sea la teoría justificatoria del castigo penal de la que se parte. Analizo diversas teorías de la pena, entre ellas la teoría consensual de Carlos Nino. Mi objetivo es explorar de qué modo las diferentes teorías de la pena enfrentan el desafío que plantea la pregunta y (...) extraer algunas conclusiones tentativas de ese recorrido. The question I address in this paper is whether social injustice can undermine the moral authority of society to punish criminals. The answer to this question crucially depends on the underlying justificatory theory of punishment. I consider several theories, among them the consensual theory proposed by Carlos Nino. My aim is to explore how different theories of punishment address the challenge and to draw some tentative conclusions. (shrink)

My aim in this paper is to provide an effective counterexample to consequentialism. I assume that traditional counterexamples, such as Transplant (A doctor should kill one person and transplant her organs to five terminal patients, thereby saving their lives) and Judge (A judge should sentence to death an innocent person if he knows that an outraged mob will otherwise kill many innocent persons), are not effective, for two reasons: first, they make unrealistic assumptions and, second, they do not pass the (...) rule‐consequentialist institutional test. My example (The Moral Murderer), instead, assumes a realistic empirical framework and the relevant action does not undermine basic social institutions. On the contrary, it reinforces them. In The Moral Murderer, Tom (an adult male) is morally allowed to murder a person (preferably a woman) in order to be punished to death. (shrink)

The problem of nonideal theory has been widely discussed in political philosophy in recent times. The problem has received much less attention, however, at the level of individual morality. Since the real world is a nonideal one, the problem is extremely relevant, if moral theory is to guide our action as moral agents. My purpose in this paper is mainly conceptual. I first clarify the distinction between different kinds of nonideal situation (natural accidents or limitations and partial compliance with morality) (...) and how different moral theories face those different kinds of imperfections. Secondly, I try to show that the distinction between the two main sources of imperfection is less straightforward and more complex than might be expected. Finally, I suggest that the role of partial compliance in nonideal moral theory is much more modest and difficult to defend than we might at first think. (shrink)

RESUMEN El presente estudio está dirigido a establecer coincidencias entre el pensamiento de José Martí y de Carlos Marx en el terreno filosófico. Ambos representan los más altos exponentes del saber filosófico y humanista de la cultura europea y latinoamericana del siglo XIX, respectivamente, con un alcance genuinamente universal. No fue objetivo en modo alguno convertir a Martí en marxista, del mismo modo que sería absurdo afiliar a Marx a las ideas y las concepciones martianas. Sin embargo, no es posible (...) dejar de subrayar la profundidad del ideario martiano en el terreno filosófico, político, social y económico y sus aproximaciones a las concepciones marxistas o al socialismo científico. ABSTRACT The present study is directed to establish coincidences between the thought of José Martí and Carlos Marx in the philosophical area. Both are represented by the highest exponents of the philosophical and humanist knowledge of the European and Latin-American culture of the 19th century, respectively, with an authentically universal scope. It was not objective in any way to turn Martí into Marxist, in the same way that it would be absurd to affiliate Marx to the ideas and the Martí´s conceptions. Nevertheless, it is not possible to stop underlining the depth of the Martí´s ideology in the philosophical, political, social and economic area and his approaches to the Marxist conceptions or to the scientific socialism. (shrink)

In this paper, I discuss exploitative transactions in bioethics. Examples of this kind of transactions allegedly include, among others, commercial surrogacy, organ selling, and research with human subjects in developing countries. The most problematic kind of exploitation is what Allan Wertheimer calls “mutually advantageous exploitation:” the weak party’s consent for the transaction is an effective and rational consent. Moreover, W does not suffer any harm by the transaction; on the contrary, the transaction benefits W. My aim in this paper is (...) twofold. From the perspective of individual ethics, I offer a model to understand the nature of the wrongfulness of the strong party’s action. And from the perspective of legal ethics, I suggest some reasons to believe that the prohibition of beneficial exploitative contracts is problematic and can only be justified in very exceptional cases. (shrink)

This book offers a first rate selection of academic articles on Latin American bioethics. It covers different issues, such as vulnerability, abortion, biomedical research with human subjects, environment, exploitation, commodification, reproductive medicine, among others. Latin American bioethics has been, to an important extent, parochial and unable to meet stringent international standards of rational philosophical discussion. The new generations of bioethicists are changing this situation, and this book demonstrates that change. All articles are written from the perspective of Latin American scholars (...) from several disciplines such as philosophy and law. Working with the tools of analytical philosophy and jurisprudence, this book defends views with rational argument, and opening for pluralistic discussion. (shrink)

The question I address in this article is whether it is morally wrong for a lawyer to represent a client whose purpose is immoral or unjust. My answer to this question is that it is wrong, prima facie. This conclusion holds, even accepting certain traditional principles of lawyer's professional ethics, such as the right of defence and the so-called principle of ‘adversarial’ litigation. Both the adversarial system and the right of defence are sufficient to support or justify the right of (...) potential clients to defend their interests in the judicial system and to do so with the technical assistance of a lawyer. This right includes a right to pursue unjust or immoral purposes. However, having a right to do X does not mean that it is morally permissible to do X. We can have a right to do something morally wrong. This being so, the fundamental moral reason for a lawyer not to accept representation for a client with an immoral purpose is that it is, prima facie, morally wrong to help someone do something wrong. (shrink)

Bioethics embraces a number of ethical problems connected to medicine, biomedical research, and health law. Most of these have both a universal dimension and a more particular one. Reproductive rights, exploitation, commodification, biomedical research, and the protection of the environment, among others, are issues that can be discussed from a universal perspective.

Two basic kinds of communitarians are discriminated. Weak communitarians reject only the liberal metaethical theses that I call universalism and neutralism, but endorse liberal norms and institutions at the normative level. Strong communitarians condemn liberalism at both levels: they reject not only universalism and neutralism, but also substantive liberal norms defending communitarian values. This article intends to show certain internal paradoxes of these two versions of communitarianism.

I try to show that Steiner's theory has very implausible normative consequences since it does not accept the prima facie character or rights. This theory is unable to solve the conflicts of interests in which the only intuitively plausible solution consists in overriding someone's rights.

According to the World Bank, 767 million people, 10.7 percent of the world’s population, live on less than 1.9 dollars a day, and around 2 billion, 28,7 percent of humankind, on less than 3.2 dollars a day.1 About 815 million are undernourished. About 155 million children will suffer from stunted growth.