The aim of the paper is to reconstruct and present in a critical perspective the main methodological devices of John Rawls’ Political Liberalism, which introduces the idea of the overlapped consensus as a way to guarantee, in a political sense, social justice within contemporary democratic societies. Those methodological devices are presented in order to reveal their conceptual failures when contrasted with real world situations and to indicate three elements: a) the psychologism of the theory which reduces the individuals of (...) the comprehensive doctrines to an inhuman procedural forgetting of the historical facticity that defines them and provides them with meaning and identity; b) how unfair the overlapped consensus might be, considering that it is developed without taking into account the doctrines and at the expenses of the historical processes for power and struggles for recognition of such doctrines; iii) the limited reach of the methodological devices when applied to the real world, i.e., that when those devices are faced with the realities of the doctrines they lack practical justification. Because of that, liberalism should be considered as another tradition which struggles with the doctrines. (shrink)

Este escrito es un esfuerzo investigativo de corte crítico que se mueve argumentativamente entre paradojas, en el que se describe una tendencia actual en la sociedad como patológica y deshumanizante. A tal tendencia le hemos llamado sedentarismo-nómada, primera paradoja, que no es más que la tendencia del hombre a ser sedentario de un lugar u objeto tecnológico de moda, mientras que está en la posibilidad de conocer el mundo mediante tal objeto, haciendo un clic, sin salir de su casa o (...) lugar de trabajo, pero al mismo tiempo viajando por todo el mundo. Tendencia que se da entre actores sociales caracterizados como singularidades-plurales-narrativas, segunda paradoja, que a su vez obedece a una política de la homogenización, un proceso de estandarización social en masa; una ética comerciante, un proceso de regulación y caracterización comportamental bajo la lógica del mercado en la instauración de una nueva forma de relacionarse con la vida, con el sí mismo y con el otro, una relación mercantil; como expresiones de una cultura pornográfica audio-visual, el otro hecho objeto de consumo; y una pedagogía del consumo, una cultura que educa por y para comprar y vender a través de objetos tecnológicos. La consideración de un mundo trágico y sin sentido pero al que, hay que hallarle razón de ser, es la última de las paradojas. Radiografía social que deja al hombre transformado en la única cosa que puede ser institucionalmente, mercancía de consumo, objeto prostituido. (shrink)

This is a concise, advanced introduction to current philosophical debates about truth. A blend of philosophical and technical material, the book is organized around, but not limited to, the tendency known as deflationism, according to which there is not much to say about the nature of truth. In clear language, Burgess and Burgess cover a wide range of issues, including the nature of truth, the status of truth-value gaps, the relationship between truth and meaning, relativism and pluralism about truth, and (...) semantic paradoxes from Alfred Tarski to Saul Kripke and beyond. Following a brief introduction that reviews the most influential traditional and contemporary theories of truth, short chapters cover Tarski, deflationism, indeterminacy, realism, antirealism, Kripke, and the possible insolubility of semantic paradoxes. The book provides a rich picture of contemporary philosophical theorizing about truth, one that will be essential reading for philosophy students as well as philosophers specializing in other areas. (shrink)

This paper examines two policy initiatives that research shows can increase opportunities for physical activity and, in turn, improve health outcomes. These initiatives — shared use and Safe Routes to School — can and should be embraced by schools to improve student and community health. Fear of liability, however, has made many schools reluctant to support these efforts despite their proven benefits. This paper addresses school administrators’ real and perceived liability concerns and identifies four strategies for managing the fear of (...) liability and mitigating any potential liability exposure. (shrink)

Regular musical activity as a complex multimodal lifestyle activity is proposed to be protective against age-related cognitive decline and Alzheimer’s disease. This cross-sectional study investigated the association and interplay between musical instrument playing during life, multi-domain cognitive abilities and brain morphology in older adults from the DZNE-Longitudinal Cognitive Impairment and Dementia Study study. Participants reporting having played a musical instrument across three life periods were compared to controls without a history of musical instrument playing, well-matched for reserve proxies of education, (...) intelligence, socioeconomic status and physical activity. Participants with musical activity outperformed controls in global cognition, working memory, executive functions, language, and visuospatial abilities, with no effects seen for learning and memory. The musically active group had greater gray matter volume in the somatosensory area, but did not differ from controls in higher-order frontal, temporal, or hippocampal volumes. However, the association between gray matter volume in distributed frontal-to-temporal regions and cognitive abilities was enhanced in participants with musical activity compared to controls. We show that playing a musical instrument during life relates to better late-life cognitive abilities and greater brain capacities in OA. Musical activity may serve as a multimodal enrichment strategy that could help preserve cognitive and brain health in late life. Longitudinal and interventional studies are needed to support this notion. (shrink)

This article defends a non-positivist theory of law, that is, a theory that accepts the necessary connection between legal validity and moral correctness by reference to the work of John Finnis. It begins with the dual nature of law as comprising both a real or factual dimension and an ideal dimension. Important examples show that at least some kinds of moral defect can deprive law of validity from the perspective of a participant in the legal system. The nature of (...) the connection between moral defectiveness and legal defectiveness is specified in terms of three possibilities: exclusive non-positivism, in which all cases of moral defect render law invalid; inclusive non-positivism, in which moral defect renders law invalid in some cases; and super-inclusive non-positivism, in which legal validity is not affected by moral defect at all. The paper argues for inclusive non-positivism as exemplified by the Radbruch Formula, according to which extreme injustice is not law, and which strikes the right balance between the ideal and real dimensions of law, against John Finnis’s account, which can be seen as an example of super-inclusive non-positivism, although his most recent work has tended towards the inclusive version. (shrink)

Name der Zeitschrift: Byzantinische Zeitschrift Jahrgang: 111 Heft: 3 Seiten: 793-808.

John MacFarlane has formulated a version of truth-relativism, and argued for its application in some cases – future contingents, knowledge attributions and epistemic modals among them. Mark Richard also defends a version of relativism, which he applies to vagueness-inducing features of the semantics of gradable adjectives. On MacFarlane’s and Richard’s characterization, truth-relativist claims posit a distinctive kind of context-dependence, the dependence of the evaluation of an assertion as true or otherwise on aspects of the context of the evaluation itself (...) – in contrast with the context of the assertion. The paper follows Evans in distinguishing two forms of truth-relativism, a moderate one concerning the evaluation of contents or propositions, an a radical one concerning the evaluation of acts; it argues against Richard’s truth-relativist proposals for gradable adjective, which is understood to be of the second kind, while accepting a form of moderate content-relativism for those cases. (shrink)

John Searle argues that fictions are constituted by mere pretense—by the simulation of representational activities like assertions, without any further representational aim. They are not the result of sui generis, dedicated speech acts of a specific kind, on a par with assertion. The view had earlier many defenders, and still has some. Stefano Predelli enlists considerations derived from Searle in support of his radical fictionalism. This is the view that a sentence of fictional discourse including a prima facie empty (...) fictional name like “Emma Woodhouse” in fact “is not a sentence, and it encodes no proposition whatsoever.” His argument is broadly abductive; he claims that this view affords compelling explanations of features of fictions he finds well-established, among them that fictions without explicit narrators nonetheless have covert ones. Here I take up his arguments, in defense of the dedicated speech act view. I thus address pressing issues about the status of fictional names and the nature and ubiquity of narrators in fictions. (shrink)

Since the publication of Hartry Field’s influential paper “Tarski’s Theory of Truth” there has been an ongoing discussion about the philosophical import of Tarski’s definition. Most of the arguments have aimed to play down that import, starting with that of Field himself. He interpreted Tarski as trying to provide a physicalistic reduction of semantic concepts like truth, and concluded that Tarski had partially failed. Robert Stalnaker and Scott Soames claimed then that Field should have obtained a stronger conclusion, namely that (...) Tarski’s failure in his allegedly intended physicalistic reduction was total. From another front, Hilary Putnam argued for an even more sweeping thesis: “[a]s a philosophical account of truth, Tarski’s theory fails as badly as it is possible for an account to fail.” Scott Soames followed suit also on this count, endorsing Putnam’s argument in section iii of the aforementioned paper; and John Etchemendy used a very similar argument to contend that “a Tarskian definition of truth [...] cannot possibly illuminate the semantic properties of the object language.” The paper argues that these contentions are based on several misunderstandings about the nature of a definition like Tarski’s. Regarding the Putnam-Soames-Etchemendy argument, we must apply a distinction Frege found natural to draw—and is natural to draw anyway—between what he called “constructive” definitions, definitions properly so called, which are mere stipulations, and what he described as “analytic” definitions, definitions which aim to make explicit the meaning of a term already in use. Regarding the Field-Soames-Stalnaker criticism, the paper contends that the true aims of a Tarskian truth definition are perfectly well fulfilled without Field’s amendments. (shrink)

This critical review of John Perry’s recent compilation of his work (Perry (1993) is mainly devoted to surveying the path leading towards a certain rapprochement between philosophers with Fregean inclinations and philosophers attracted by the picture of thought and meaning brought out by Direct Reference theorists like Donnellan, Kaplan, Kripke, Putnam, and, of course, Perry himself, by taking advantage of the suggestions in the postscripts to very well-known and deservedly influential articles.

El anarquismo epistemológico de Feyerabend niega la existencia de unúnico método para dar con el conocimiento científico. En su lugar, afirmala existencia de muchas vías de acceso al conocimiento verdadero. Peroademás, el anarquismo epistemológico afirma que sometiéndonosestrictamente a las reglas de la ciencia, no seremos capaces de descubrir nada nuevo, dado que la ciencia es un proceso creativo y «anárquico» donde los opresivos principios racionales impuestos, son principalmente un estorbo en la búsqueda de la verdad. En conclusión, lo que realmente (...) subyace al anarquismo epistemológico es: la idea que John Preston acertadamente ha venido a llamar «pluralismo metodológico», y una crítica a la epistemología normativa en favor de la descriptiva. (shrink)

Between Institutional and Moral Discourse: On Alexy's Legal Philosophy. A review of Matthias Klatt, Institutionalized Reason: The Jurisprudence of Robert Alexy.

From García-Carpintero and Kölbel, eds, Relative Truth.

Alexis Fontaine des Bertins was the first French mathematician to make use of the calculus of several variables in the integration of ordinary differential equations . In this paper I argue that this usage evolved from Fontaine's ‘fluxio-differential method’ of the early 1730s. In this way I extend the thesis enunciated in an earlier paper in this journal.

(1981). Alexis Fontaine's ‘Fluxio-differential method’ and the origins of the calculus of several variables. Annals of Science: Vol. 38, No. 3, pp. 251-290.

The Birth of American Law: An Italian Philosopher and the American Revolution tells the forgotten, untold story of the origins of U.S. law. Before the Revolutionary War, a 26-year-old Italian thinker, Cesare Beccaria, published On Crimes and Punishments, a runaway bestseller that shaped the Declaration of Independence, the U.S. Constitution, and early American laws. America's Founding Fathers, including early U.S. Presidents, avidly read Beccaria's book--a product of the Italian Enlightenment that argued against tyranny and the death penalty. Beccaria's book shaped (...) American views on everything from free speech to republicanism, to "Life, Liberty and the pursuit of Happiness," to gun ownership and the founders' understanding of "cruel and unusual punishments," the famous phrase in the U.S. Constitution's Eighth Amendment. In opposing torture and infamy, Beccaria inspired America's founders to jettison England's Bloody Code, heavily reliant on executions and corporal punishments, and to adopt the penitentiary system. The cast of characters in The Birth of American Law includes the usual suspects--George Washington, Thomas Jefferson, John Adams and James Madison. But it also includes the now little-remembered Count Luigi Castiglioni, a botanist from Milan who--decades before Alexis de Tocqueville's Democracy in America--toured all thirteen original American states before the 1787 Constitutional Convention in Philadelphia. Also figuring in this dramatic story of the American Revolution: Madison's Princeton classmate William Bradford, an early U.S. Attorney General and Beccaria devotee; John Dickinson, the "Penman of the Revolution" who wrote of Beccaria's "genius" and "masterly hand"; James Wilson and Dr. Benjamin Rush, signers of the Declaration of Independence and fellow Beccaria admirers; and Philip Mazzei, Jefferson's Italian-American neighbor at Monticello and yet another Beccaria enthusiast. In documenting Beccaria's game-changing influence, The Birth of American Law sheds important new light on the Constitution, the Bill of Rights, and the creation of American law. This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law. The Birth of American Law was awarded the 2015 Scribes Book Award and the First Prize in the 2015 AAIS Book Award competition (in the 18th/19th century category). It was also named INDIEFAB's 2014 Gold Winner for History! (shrink)

In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of law's moral (...) claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (shrink)

In what is likely to be the final word from one of the most accomplished historians of our time, History and the Human Condition presents John Lukacs's profound reflections on the very nature of history, the role of the historian, the limits of knowledge, and more. Guiding us on a quest for knowledge, Lukacs ranges far and wide over the past two centuries. The pursuit takes us from Alexis de Tocqueville to the atomic bomb, from the American frontier (...) to the Cold War, from Hitler to Heisenberg. As an added bonus, this book features a complete bibliography of Lukacs's writings.Readers of History and the Human Condition will cherish this fascinating work by the man the Washington Times calls "one of the more incisive historians of the twentieth century. (shrink)

Les compte-rendus que John Stuart Mill donnera en 1835 et 1840 des deux parties de La Démocratie en Amérique ponctuent une rencontre intellectuelle d'une rare qualité et en développent les conséquences.

This article discusses Tocqueville’s and Mill’s views of the cultural progress of indigenous colonial societies in the context of the current debate about the Enlightenment. The analysis of their philosophical outlooks tends to support Jonathan Israel’s interpretation of the Enlightenment, yet with one important difference: while Israel emphasizes the Radical Enlightenment as the chief instigator of the movement towards modern democracy, Tocqueville’s and Mill’s views emphasize the preponderance of the Moderate Enlightenment, which, while sharing the radical advocacy for rationalism, broad (...) education, religious toleration, the critique of despotism, and other enlightened ideals, nonetheless shunned support of full democracy or universal suffrage. Tocqueville’s and Mill’s Eurocentric views regarding the possible ameliorative influence of colonialism emphasize how the ideals of the Moderate Enlightenment had an overriding effect on the emergence of nineteenth-century liberalism. While this conclusion broadly accepts Israel’s outline of the intellectual history of the Enlightenment, it gives greater weight than he does to the Moderate Enlightenment. (shrink)

"Liberalism" is widely used to describe a variety of social and political ideas, but has been an especially difficult concept for historians and political scientists to define. Burckhardt, Mill, and Tocqueville define one type of liberal thought. They share an aristocratic liberalism marked by distaste for the masses and the middle class, opposition to the commercial spirit, fear and contempt of mediocrity, and suspicion of the centralized state. Their fears are combined with an elevated ideal of human personality, an ideal (...) which affirms modernity. All see their ideals threatened in the immediate future, and all hope to save European civilization from barbarism and militarism through some form of education, although all grow more pessimistic towards the end of their lives. Aristocratic Liberalism ignores the national boundaries that so often confine the history of political thought, and uses the perspective thus gained to establish a pan-European type of political thought. Going beyond Burckhardt, Mill, and Tocqueville, Aristocratic Liberalism argues for new ways of looking at nineteenth-century liberalism. It corrects many prevalent misconceptions about liberalism, and suggests new paths for arriving at a better understanding of the leading form of nineteenth-century political thought. The new Afterword by the author presents a novel description of liberal political language as the "discourse of capacity," and suggests that this kind of language is the common denominator of all forms of European liberalism in the nineteenth century. Aristocratic Liberalism will be valuable to students of history, political science, sociology, and political philosophy. (shrink)

Professors of philosophy, the authors have done a succinct and critical analysis of some theories of truth: deflationism, indeterminacy, insolubility, realism, and antirealism.

Tocqueville, como todos los grandes clásicos, es inagotable. A man for all seasons, como lo prueba su reciente éxito en China y Japón, dos países y dos sistemas políticos tan alejados de la historia europea y del modelo democrático que él describió que le hubiera parecido sorprendente que le utilizaran como referencia. Ser un clásico inagotable con solo dos obras de obligada lectura es un logro del que pocos pueden vanagloriarse. Quizá Hobbes, quizá John Locke, dos de los autores (...) que menciona Lucien Jaume en el primer artículo de este monográfico que presentamos en la revista Araucaria. (shrink)