Scholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of (...) conditions, especially cost. The essay recommends improved methods to incorporate treaties and customary international law into the constitutional structure. Treaties should be approved by the whole legislature and should generally be self-executing. Customary law should be genuine, not fake, and consistent with liberal principles. Finally, based on economic theory and evidence, the essay recommends that liberal constitutions prohibit the government from erecting trade barriers. It concludes by tentatively proposing concrete constitutional language to implement these recommendations. (shrink)

Origens : Alex Atala, Fernando e Humberto Campana -- Presente : Fernando e Humberto Campana e Jum Nakao -- Intermezzo : convívio : Jam Nakao e colaboradores -- Destinos : Alex Atala e Jum Nakao -- Entrevistas -- Um pouco de história.

Part charlatan, part wunderkind, and part learned scholastic, Fernando of Cordova burst upon the European scene in 1444-1446 when he traveled to different parts of Europe. He astounded audiences by his command of the subject matter in all univ. subjects, his mastery of oriental languages, his skill in painting, music, and instrument making, and his expertise in knightly warfare. After disappearing in 1446, he reappeared in 1466 as a Roman curialist active in several controversies. He died in 1486. (...) class='Hi'>Fernando's philosophical, theological, and scientific writings cover a wide range of topics important to his age, and his biography has a special value because of what he did and whom he impressed in his travels in the cities, courts, and universities of Europe. (shrink)

This work addresses the question of whether the use of military force by the United States in order to stop serious violations of human rights is legally and morally justifiable. The book argues for humanitarian intervention and the right to wage war in defense of human rights.

College cheating is prevalent, with rates ranging widely from 9 to 95% (Whitley, 1998). Research has been exclusively conducted with enrolled college students. This study examined the prevalence of cheating in a sample of college alumni, who risk less in disclosing academic dishonesty than current students. A total of 273 alumni reported on their prevalence and perceived severity of 19 cheating behaviors. The vast majority of participants (81.7%) report having engaged in some form of cheating during their undergraduate career. The (...) most common forms of cheating were “copying from another student's assignment” and “allowing others to copy from your assignment.” More students reported cheating in classes for their major than other classes. Males and females cheated at the same rates in classes for their major, and males reported higher rates of cheating than females in nonmajor classes. Respondents reported that their top reasons for cheating were “lack of time” and “to help a friend.”. (shrink)

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they (...) eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)

The present paper describes how Fernando de Roa, professor at the University of Salamanca in the 15th century, received Aristotle’s practical philosophy. This article expounds his interpretation on three main topics of classical ethics and politics: justice as a social virtue, natural servitude and happiness as the end of man. Roa, in his repetitions, as well as in his commentaries on Politics, focuses on these questions and addresses them with a renewed and modern Aristotelianism, which is based on the (...) ideas of Pedro de Osma and the great medieval thinkers. (shrink)

Research Articles Fernando R. Tesón, Social Philosophy and Policy, FirstView Article.

Ontology languages for the Semantic Web have their strengths and weaknesses, in particular in the light of deploying them for biological and medical information systems. We survey and compare the Description Logics-based OWL languages, and the DL-Lite and DLR families of languages. Language choices that an ontology developer has to make are, among others, expressivity with n-ary relations (where n > 2) and more role properties versus ontology usage for data-intensive tasks. Guidelines are suggested to facilitate choosing the language best (...) fitted for a task. (shrink)

Both questions as abstract objects and the speech acts, here called requests, by which we ask them play an enormous role in all argumentative practices. Nonetheless, there is hardly a proper systematic treatment of questions and requests in current argumentation theories. This paper is a first attempt at providing such a systematic treatment. This is achieved by following the ideal model of a critical discussion as elaborated over the years by the Amsterdam school of pragma-dialectics. After introducing the distinction between (...) questions and requests, the paper sets forth and illustrates the norms of questioning which implicitly underlie the four stages of a critical discussion in the standard order: confrontation, opening, argumentation, and conclusion. Among other things, it is shown that crucial insights of pragma-dialectics are illuminated by the questioning perspective, in particular the distinction between single and multiple differences of opinion, the duties of the antagonist and protagonist roles, the precise character of the argumentation stage, and the different ways in which a disagreement can be resolved. (shrink)

The article deals with the chances of illustration of Mohammed: is it forbidden to depict Mohammed in the Islam? What the history or the religion say about it? The following sentences try to get a brief but deep approaching to that issue, underlying the importance that just a few time ago when several problems related to misunderstanding and hatred set the Muslim world in front of the Western people as violent in a behavior that no one could share. Through the (...) article we will see the lack of respect there was in some images that were published provoking all kind of reactions in the world. (shrink)

El autor expone las dimensiones y circunstancias de una investigación cualitativa realizada en un prestigioso instituto de docentes en Uruguay. Indagando en los rituales de interacción aplicados en el ámbito educativo, se observan los modelos de relación, la construcción de la identidad de docente y demás elementos propios de la institución educativa. En ese contexto, se identifican distintos contextos y situaciones cotidianas que reproducen procesos sociales en los que la finalidad está clara: la enseñanza y el aprendizaje.

We present an experiment designed to investigate three different mechanisms to achieve impartiality in distributive justice. We consider a first-person procedure, inspired by the Rawlsian veil of ignorance, and two third-party procedures, an involved spectator and a detached observer. First-person veiled stakeholders and involved spectators are affected by an initially unfair distribution that, in the stakeholders’ case, is to be redressed. We find substantial differences in the redressing task. Detached observers propose significantly fairer redistributions than veiled stakeholders or involved spectators. (...) Risk preferences partly explain why veiled stakeholders propose less egalitarian redistributions. Surprisingly, involved spectators, who are informed about their position in society, tend to favour stakeholders holding the same position as they do after the initial distribution. (shrink)

The emigration is an arduous and complex process that includes practically all the aspects of the life of a human being. One is a sociological phenomenon: the challenging of the emigrant, the decision making, the election of the destination place, and so on; they are determined by the social issue, by the family, the friends and social networks. Normally the studies on the subject are of a quantitative type, as a matter of fact, the topic has a so deep meaning (...) and it affects so much the human being and its surroundings that seemed essential to me a qualitative approach to respond to the question: what desires, anxieties, fears and frustrations move the people to leave their homes and get themselves to a distant and practically unknown country? (shrink)

We perform an experimental investigation using a dictator game in which individuals must make a moral decision —to give or not to give an amount of money to poor people in the Third World. A questionnaire in which the subjects are asked about the reasons for their decision shows that, at least in this case, moral motivations carry a heavy weight in the decision: the majority of dictators give the money for reasons of a consequentialist nature. Based on the results (...) presented here and of other analogous experiments, we conclude that dicator behavior can be understood in terms of moral distance rather than social distance and that it systematically deviates from the egoism assumption in economic models and game theory. (shrink)

President George W. Bush surprised many observers in his second inaugural address when he promised to oppose tyranny and oppression, and this in a world not always willing or ready to join in that fight. Humanitarian intervention is again on the forefront of world politics.

The control principle implies that people should not feel guilt for outcomes beyond their control. Yet, the so-called ‘agent and observer puzzles’ in philosophy demonstrate that people waver in their commitment to the control principle when reflecting on accidental outcomes. In the context of car accidents involving conventional or autonomous vehicles, Study 1 established that judgments of responsibility are most strongly associated with expressions of guilt–over and above other negative emotions, such as sadness, remorse or anger. Studies 2 and 3 (...) then confirmed that, while people generally endorse the control principle, and deny that occupants in an AV should feel guilt when involved in an accident, they nevertheless ascribe guilt to those same occupants. Study 3 also uncovered novel implications of the observer puzzle in the legal context: Passengers in an AV were seen as more legally liable than either passengers in a conventional vehicle, or even their drivers–especially when participants were prompted to reflect on the passengers’ affective experience of guilt. Our findings document an important conflict–in the context of AV accidents–between people’s prescriptive reasoning about responsibility and guilt on one hand, and their counter-normative experience of guilt on the other, with apparent implications for liability decisions. (shrink)

We study the emergence of all references to modern mathematics in Difference and Repetition, and we explain how, using these mathematical approaches, Deleuze constructs an “ideal synthesis of difference” which goes well beyond the usual reductionist perspectives of his commentators.

Abstract The article addresses three aspects of the humanitarian intervention doctrine. It argues, first, that the value of sovereignty rests on the justified social processes of the target state ? the horizontal contract. Foreign interventions, even when otherwise justified, must respect the horizontal contract. In contrast, morally objectionable social processes (such as the subjection of women) are not protected by sovereignty (intervention, of course, may be banned for other reasons). In addition, tyrants have no moral protection against interventions directed at (...) them. Second, the article addresses the internal legitimacy of humanitarian intervention. It concludes that the liberal state may only use voluntary soldiers (either the voluntary army or mercenaries) to conduct humanitarian intervention. Conscription for that purpose is not permissible. The article shows that the long-standing criticism of mercenaries stems from a romantic prejudice and is thus unfair. Third, the article makes a distinction between intention (the determination to perform an action) and motive (a further goal that the agent seeks with that action) and shows that only intention is relevant for humanitarian intervention. A justified humanitarian intervention requires the intention to liberate the victims, but not necessarily a good further motive. It shows how mainstream doctrine has impermissibly confused the two concepts. (shrink)

En este trabajo pretendemos recordar la crítica que el escéptico francés Pierre Bayle dirige a las teologías [.. tianas ] de su tiempo, a partir de ciertas objeciones centradas en el problema del mal y conocidas bajo el nombre de "objeciones maniqueas". Ese ataque, verdaderamente arrasador, fue respondido unos años después por Leibniz en sus Essais de Théodicée. Argumentamos que la doctrina leibniziana pasa por alto las condiciones originalmente establecidas por su adversario y que la misma no podría considerarse, por (...) lo tanto, como una respuesta en sentido estricto. Las objeciones quedan, pues en pie, y también quedaría en pie la única solución propuesta por su inventor: adoptar una fe ciega y atenida exclusivamente a la autoridad de Dios, esto es, una fe cuya debilidad lógica la haría difícilmente sostenible para el creyente. (shrink)

If personhood is the quality or condition of being an individual person, brainhood could name the quality or condition of being a brain. This ontological quality would define the `cerebral subject' that has, at least in industrialized and highly medicalized societies, gained numerous social inscriptions since the mid-20th century. This article explores the historical development of brainhood. It suggests that the brain is necessarily the location of the `modern self', and that, consequently, the cerebral subject is the anthropological figure inherent (...) to modernity (at least insofar as modernity gives supreme value to the individual as autonomous agent of choice and initiative). It further argues that the ideology of brainhood impelled neuroscientific investigation much more than it resulted from it, and sketches how an expanding constellation of neurocultural discourses and practices embodies and sustains that ideology. (shrink)

This paper deals in detail with a fairly recent philosophical debate centered around the ability of the theory of natural selection to account for those phenotypical changes which can be argued to make organisms better adapted to their environments. The philosopher and cognitive scientist Jerry Fodor started the debate by claiming that natural selection cannot do the job. He follows two main lines of argumentation. One is based on an alleged conceptual defect in the theory, the other on alleged empirical (...) problems in it as well as empirical alternatives to it. Four philosophers and two biologists respond in a way that displays what might easily be described as fallacious. The paper relies on the ideal model of critical discussion of pragma-dialectics to offer a step-by-step analysis of the whole debate, which extended for four issues of the _London Review of Books_, from October 2007 through January 2008. This pragma-dialectical analysis is carried out by constant reference to the various questions (problems, issues) that arise in the debate. The analysis includes as much detail as possible both in Fodor’s original argument and in the critics’ various comments as well as Fodor’s replies along two rounds of debate. Since a simple negative evaluation in terms of fallacies is out of the question in view of the proved argumentative accomplishments of the participants, an alternative explanation is offered: the undeniable derailments in strategic maneuvering are due to the fact that, whilst ostensibly discussing the theory of natural selection, Fodor’s detractors are worried by an underlying issue, namely, the dangers of discussing the merits and demerits of natural selection as a theory of evolution in a venue as exposed to the general public as the _London Review of Books_, given the religiously inspired movements that threaten the teaching of evolutionary biology in schools. (shrink)

We discuss in this paper the scope of abduction in Economics. The literature on this type of inference shows that it can be interpreted in different ways, according to the role and nature of its outcome. We present a formal model that allows to capture these various meanings in different economic contexts.

"16 'On Justification and Interpretation', ARSP-Beiheft, 53, pp. 255-68." -- "17 'Authority Reasons in Legal Interpretation and Moral Reasoning', ARSP Supplementa (III), pp. 144-52." -- "18 'Two Types of Substantive Reasons: The Core of a Theory of Common-Law Justification', Cornell Law Review, 63, pp. 707-88." -- "19 'Reasonableness and Objectivity', Notre Dame Law Review, 74, pp. 1575-603.