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)

El siguiente artículo aborda la hegemonía que se ciñe sobre Colombia, mediante un punto de vista político que analiza el poder que ejerce la burguesía internacional y burguesía subordinada nacional sobre las clases subalternas y en particular la clase trabajadora colombiana. Se reflexiona sobre el l..

Este documento ofrece una propuesta desde la perspectiva de la bioética para la elaboración de un protocolo de triaje en el contexto de la pandemia de COVID-19. Dicha propuesta incluye recomendaciones sobre las normas procedimentales y normas sustantivas que deben regir la asignación y reasignación de recursos terapéuticos en condiciones de escasez extrema.

Climate change is a threat to food system stability, with small islands particularly vulnerable to extreme weather events. In Puerto Rico, a diminished agricultural sector and resulting food import dependence have been implicated in reduced diet quality, rural impoverishment, and periodic food insecurity during natural disasters. In contrast, smallholder farmers in Puerto Rico serve as cultural emblems of self-sufficient food production, providing fresh foods to local communities in an informal economy and leveraging traditional knowledge systems to manage varying ecological and (...) climatic constraints. The current mixed methods study sought to document this expertise and employed a questionnaire and narrative interviewing in a purposeful sample of 30 smallholder farmers after Hurricane María to identify experiences in post-disaster food access and agricultural recovery and reveal underlying socioecological knowledge that may contribute to a more climate resilient food system in Puerto Rico. Although the hurricane resulted in significant damages, farmers contributed to post-disaster food access by sharing a variety of surviving fruits, vegetables, and root crops among community members. Practices such as crop diversification, seed banking, and soil conservation were identified as climate resilient farm management strategies, and smallholder farmer networks were discussed as a promising solution to amass resources and bolster agricultural productivity. These recommendations were shared in a narrative highlighting socioecological identity, self-sufficiency, community and cultural heritage, and collaborative agency as integral to agricultural resilience. Efforts to promote climate resilience in Puerto Rico must leverage smallholder farmers’ socioecological expertise to reclaim a more equitable, sustainable, and community-owned food system. (shrink)

Uno de los temas centrales de la teoría penal contemporánea es la discusión a favor y en contra de la punición igualada de tentativas y delitos consumados. Este problema es comúnmente analizado desde la perspectiva de la suerte. La meta de los defensores de la punición igualada es erradicar a la suerte de los juicios de responsabilidad penal. Para hacerlo, antes deben diferenciar entre la suerte que afecta los resultados de las acciones y otras clases de suerte involucradas. Rivera (...) López trató de justificar tal límite en el campo de la moral, y si sus ideas pudieran trasladarse al reino del derecho penal podrían ser de gran ayuda para los partidarios de la punición igualada. Aquí trato de plantear algunas observaciones críticas a sus tesis y mostrar que, en última instancia, ellas no pueden dar apoyo a la postulación subjetivista. (shrink)

Raven10 years in Mexico. The mean IQs in relation to a British mean of 100 obtained from the 1979 British standardization sample and adjusted for the estimated subsequent increase were: 98·0 for whites, 94·3 for Mestizos and 83·3 for Native Mexican Indians.

Genetic research in human beings poses deep ethical problems, one being the problem of distributive justice. If we suppose that genetic technologies are able to produce visible benefits for the well being of people, and that these benefits are affordable to only a favored portion of society, then the consequence is obvious. We are introducing a new source of inequality. In the first section of this paper, I attempt to justify some concern for the distributive consequences of applying genetics to (...) human beings. This concern transcends a mere preoccupation for material equality. I argue that genetic inequality can undermine the very basis of social cooperation, at least regarding health care. The second section is more practical. My aim is to defend how, at least in some legal and cultural frameworks , the undesired distributive consequences of genetics are more likely to arise and more difficult to avoid. (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)

: 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)

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)

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)

My aim in this paper is to provide an effective counterexample to consequentialism. I assume that traditional counterexamples, such as Transplant and Judge, are not effective, for two reasons: first, they make unrealistic assumptions and, second, they do not pass the rule‐consequentialist institutional test. My example, 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 is morally allowed to murder a person in (...) order to be punished to death. (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)

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)

This article discusses what could be called “the adventure of translating” Sein und Zeit in Spanish. It argues that every translation is an adventure, and particularly the translation of a philosophical text. A translation does not literally reproduce into another language what an author or philosopher affirms. The question is instead to express it in the most accurate form with the resources of the translator’s language, in such a way that the text may sound as if it was written in (...) the language to which it is to be translated. This article refers to the very long route that the author had to go over in order to make Sein und Zeit “speak” a good and clear Spanish. (shrink)

We introduce a constructive model of selective belief revision in which it is possible to accept only a part of the input information. A selective revision operator ο is defined by the equality K ο α = K * f(α), where * is an AGM revision operator and f a function, typically with the property ⊢ α → f(α). Axiomatic characterizations are provided for three variants of selective revision.

We propose a new class of multiple contraction operations — the system of spheres-based multiple contractions — which are a generalization of Grove’s system of spheres-based (singleton) contractions to the case of contractions by (possibly non-singleton) sets of sentences. Furthermore, we show that this new class of functions is a subclass of the class of the partial meet multiple contractions.

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)

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)

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.

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.

This article analyzes the following matters: law in modern democracy according to Habermas; discursive theory of law; the role and importance of the relationship between democracy and a state of rights, the concept of liberty related with a coercive character and the relation between positive ..

Este texto se recomprende la noción escolástica de verdad como adecuatio intellectus et rei a la luz de la la interpretación heideggeriana como ¿develación¿. Para ello se siguen tres momentos al hilo de tres preguntas: ¿en qué consiste esta adecuación?, ¿en qué sentido el intelecto y la cosa pensda se parecen? y ¿cuál es la esencia de la verdad?

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)

Nozick's well-known Experience Machine argument can be considered a typically successful argument: as far as I know, it has not been discussed much and has been widely seen as conclusive, or at least convincing enough to refute the mental-state versions of utilitarianism. I believe that if his argument were conclusive, its destructive effect would be even stronger. It would not only refute mental-state utilitarianism, but all theories considering a certain subjective mental state as the only valuable state. I shall call (...) these theories "mental state welfarist theories." I do not know whether utilitarianism or, in general, mental-state welfarism is plausible, but I doubt that Nozick's argument is strong enough to prove that it is not. (shrink)