This article tries to explain why it was impossible for Rawls to develop a normative theory of justice for international relations; something that has been demanded by some rawlsian thinkers (Beitz, Pogge, etc.). There were two obstacles for such an enterprise. On one hand, the link established by the philosophical tradition between justice, as a political virtue, and the political unity (polis, national-state, etc.). On the other hand, Rawls’ meta-philosophical decisions, which make his a ‘post-metaphysical’ and ‘strictly political’ (...) theory of justice. (shrink)

El artículo expone la justicia como un problema político desde la perspectiva del filósofo John Rawls. En su desarrollo se señalan las implicaciones del constructivismo kantiano en el constructivismo político rawlsiano. Se discute cómo la conexión entre estos dos tipos de constructivismo, proporciona un procedimiento de construcción, en el que agentes racionalmente autónomos, sujetos a condiciones razonables, elaboran acuerdos sobre principios públicos de justicia para lograr un sistema justo de cooperación que trascienda generacionalmente. Se concluye, mostrando las limitaciones y alcances (...) de esta propuesta en el pensamiento filosófico y político contemporáneo. (shrink)

From its very beginning during the fifth century B.C. democracy, as a political regime, has maintained a constant normative nucleus; equality and freedom among its members. But it also presents notorious discontinuities in the institutional internal organization. Modern democracies are equally indebted to two traditions; on the one hand popular sovereignty, under the form of either direct democracy or republican mixed constitution, and innate subjective rights on the other. Democracy resolved the dilemmas that emerged from opposed interests through two ways: (...) representation, which enables it to incorporate them in a reduced collegiate body, within which deliberation and consensus is possible, and also through the universal election of representatives and governors by pre-established periods of time. This institutional schema is dangerously falling apart due to domestic tensions within each nation, on the one hand, and the constriction coming from the globalized economy on the other. (shrink)

The importance of non-codifying DNA polymorphism for the administration of justice is now well known. In Spain, however, this type of test has given rise to questions in recent years: Should consent be obtained before biological samples are taken from an individual for DNA analysis? Does society perceive these techniques and methods of analysis as being reliable? There appears to be lack of knowledge concerning the basic norms that regulate databases containing private or personal information and the protection that (...) information of this type must be given. This opinion survey and the subsequent analysis of the results in ethical terms may serve to reveal the criteria and the degree of information that society has with regard to DNA databases. In the study, 73.20% of the population surveyed was in favour of specific legislation for computer files in which DNA analysis results for forensic purposes are stored. (shrink)

Spain occupies an area of 504.645 km, and it has a population of 46.5 million people, out of which 4,538,503 are immigrants. Life expectancy is 82.5 years. Its economy grew 1.4 % in 1014. Its current Constitution was enacted in 1978. It has been part of the European Union since 1986. Spain is a social and democratic state subject to the rule of law. Liberty, justice, equality, and political pluralism are the highest values of the legal order of the (...) rule of law. Spain is a constitutional monarchy with a parliamentary government. The legislative power rests upon two chambers: the Congress and Senate. The government exercises the executive powers and the regulatory powers. There have been six presidents since 1978 from all parties, socialist, centrist, and conservative. The judicial power rests upon the courts and tribunals established by law. (shrink)

Impaired emotional capacity in antisocial populations is a well-known reality. Taking the dimensional approach to the study of emotion, emotions are perceived as a disposition to action; they emerge from arousal of the appetitive or aversive system, and result in subjective, behavioral, and physiological responses that are modulated by the dimensions of valence, arousal, and dominance. This study uses the International Affective Picture System (IAPS) to study the interaction between the type of picture presented (pleasant, neutral, or unpleasant) and group (...) (adolescents under custody in juvenile justice centers, adolescents under non-custodial measures, and secondary school students) in the emotional assessment of these dimensions. The interaction between the study variables was statistically significant. Statistically significant differences were found between the three types of pictures presented, in the ratings of unpleasant pictures between the custody group and the group of secondary students in regular schooling in valence, and in the ratings of unpleasant, neutral, and pleasant pictures in arousal, between the custody group and all groups. Discriminant analyses of each affective dimension indicate that the unpleasant pictures with violent and/or aggressive content tend to be in the functions that most differentiate the antisocial groups. (shrink)

In the debate over Spanish treatment of the natives of the New World, both sides regularly invoked Aristotle on natural slaves. This paper argues that the interpretation of the Spanish Dominican Domingo de Soto displays a greater understanding of Aristotle and the Aristotelian tradition of justice than that of Juan Gines de Sepúlveda, the Spanish Humanist. The paper goes on to argue that it is the humanist tradition itself that disposes Sepúlveda to misconstrue Aristotle and the (...) tradition of political justice. (shrink)

The present work examines the role of persuasive lexicon in legal discourse through the analysis of emotional devices at a lexical and rhetorical level. Our preliminary premise is that emotion is deployed by experts to convey the sentiment of shared values and epistemic trust: the need to rely on the tenets of the law as fair and conducive to the common good. The corpus of our study is constituted by the conclusions in their original Spanish, and their translation into (...) English, by the Advocate General Manuel Campos on the challenge by Hungary and Poland of the regulation establishing a “conditionality regime” in the event of a rule-of-law breach in a EU Member State. To this end, we undertake a two-pronged analysis of legal persuasion to find out what emotional devices are deployed to convey the rule-of-law principles of justice, non-discrimination, equality and solidarity. At a first stage, we concentrate upon the polarity and intensity of emotion words and their categories. Emotional implicatures in the shape of legal technolects and metaphorical ontologies and the way they are deployed in each text constitutes the second part of our study. Among our conclusions are that both the original and target texts have a strong persuasive character, mainly grounded in the negative emotion of fear and the positive emotion of trust, and that there are variances in the emotional language deployed in either version due to the different mechanics of each law system and to functional differences between English and Spanish. (shrink)

This article is focused on the consideration and critique of some of the ideas exposed by the contemporary reflection on the normative models for a new international order. First, it discuses Rawls argumentative strategies, in which it is exposed the cosmopolitan idea of the transformation of the world order, beginning from the global economic justice requirement. Second, it demonstrates that the approach of Pogge’s global justice is insufficient because although he formulates a global redistributive proposal, it does not (...) touch the problem concerning the transformation of the relational power system within the current capitalist order. Lastly, it presents Cristina Lafont’s proposal for a human rights pluralist model, and considers, critically, her perspective for a regulatory-oriented world economic politics, within the new discourse on human rights. (shrink)

En este escrito se presentan algunos desarrollos de la teoría política de John Rawls ahondando en aquellas categorías que permitan contrastar aspectos de los planteamientos rawlsianos con spectos del pensamiento utilitarista clásico. El propósito es discernir qué tan grande es la deuda que tienen pensadores contemporáneos como Rawls con autores clásicos del siglo XIX tales como Bentham y Mill.

Normal 0 21 false false false ES X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} This essay deals with Hobbes notion of natural law in order to point out some tensions and difficulties brought by this notion into his political thought. The article shows that the Hobbes idea of justice cannot (...) be completely inscribed in legal positivism but, coming close to it, maintains some vestiges of the natural law tradition, which, however do not correspond very well with his idea of an absolute state. In addition, the essay considers some notions and propositions of contractualism and points out its incompatibility with authoritarianism. (shrink)

Normal 0 21 false false false ES-CO X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} This essay presents a reading of modern liberalism from Leo Strauss´thought. Starting with his analysis of Carl Schmitt’s Concept of the Political and its critique of liberal “neutralization and depolitization”, Strauss posits an affirmation of the (...) problem of natural right, for which it is a fundamental first step to study the political philosophy of Hobbes. In contrast with Schmitt and Hobbes, Strauss´ thought points towards a consideration of classical natural right as a riposte to the political nihilism or apolitical cosmopolitanism of late-modernity, both products of radical historicism as well as methodological positivism. Strauss considers the search of natural right qua representation of the idea of justice a distinct alternative to the affirmation of the will through sovereign power. Normal 0 21 false false false ES-CO X-NONE X-NONE MicrosoftInternetExplorer4. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Graffiti and Colonial Unknowing:A Comment on Mishuana Goeman's "Caring for Landscapes of Justice in Perilous Settler Environments"Anna Cookin "caring for landscapes of justice in Perilous Settler Environments," Dr. Goeman shows how the NDN Collective's initiatives, Chemehuevi photographer Cara Romero's Tongvaland project, and the works of Gabrieliño Tongva artist Mercedes Dorame "exemplify communities of care" that work toward "the unmapping of settler terrains" ("Caring for Landscapes" 51). Her (...) address highlights how these cartographic art productions are processes of (re)mapping that challenge colonial spatialities. Drawing on Michi Saagig Nishnaabeg scholar Leanne Betasamosake Simpson's poem "i am graffiti," Goeman frames these art works as Indigenous graffiti, insofar as they are everyday acts of resurgence1 that resist erasure and enact rematriation.My comments aim to articulate how Romero's and Dorame's works both reveal and disrupt a colonial unknowing by showing the cracks of settler colonial spatiality. I take Goeman's address to illustrate that the changing of minds and unsettling of settler identity will not occur through argumentation, facts, and figures alone, but rather through aesthetic and cartographic practices that "provide a way of seeing Indigenous futurities and relationalities" ("Caring for Landscapes" 52).Maps as Tools of Settler ColonialismIn order to highlight how these art practices enact a kind of (re)mapping that breaks through the veneer of colonial permanence, we first need to consider the way mapping transforms land into property in the service of Indigenous erasure and land dispossession. In her address, Goeman offers a short history of what is now called Los Angeles through the lens of dispossession that occurs through "international claiming of property and burgeoning US property law" ("Caring for Landscapes" 53). Tovaangar was divided into Spanish (and [End Page 64] then Mexican) land grants that, after 1846, were "registered under the US as property" (Goeman, "Caring for Landscapes" 53; emphasis added). The Land Act of 1851 "established the domestication of the California landscape under US governance" by legitimating existing Mexican land rights and mapping out territory yet "unclaimed" ("Caring for Landscapes" 54). The mapping of this so-called "unclaimed" territory propelled a violent erasure of California Indians by "establishing new and ongoing commerce centers" ("Caring for Landscapes" 53). Land was transferred into property—as a thing owned—without "the consent of those who … lived on the land since time immemorial, following the settler structure of passing land between Christian nations" ("Caring for Landscapes" 53). By showing how property rights legitimate conquest and violence, Goeman illustrates how mapping has been (and continues to be) an "essential settler-colonial tool to domesticate land in Southern California and propel development" ("Caring for Landscapes" 54). While she demonstrates how the mapping of Tovaangar using 493 hand-drawn Diseños maps served to sever Indigenous communities (and their relationships with land, such as the Gabrieliño Tongva with the San Gabriel Mountains), she emphasizes that this is an ongoing process that has not been left in a distant past. Newer maps that may seem more objective and scientific with "better models of scale or a more realist representation" remain, at their core, maps of dispossession ("Caring for Landscapes" 54).The very desire to objectively determine location by assigning latitude and longitude reveals a colonial spatiality, which "territorialize[s] the physical landscape by manufacturing categories and separating land from people" and conceives of space in terms of property logics (Goeman, "[Re]Mapping Indigenous Presence" 296). In addition to Indigenous land dispossession, this colonial spatiality rejects relationality by creating dualist boundaries between human and non-human, in which land is the raw material for human development and the creation of culture. Cherokee philosopher Brian Burkhart speaks of relationality in terms of locality, which he defines as "being-fromthe-land, knowing-from-the-land, and meaning-from-the-land" (Indigenizing Philosophy xvii). The severing of locality can be understood in terms of the transformation of land as relative to inert matter to be acted upon. Mapping serves as a tool of settler colonial erasure insofar as it delocalizes "land as the relational ground of kinship" into "land as a mere object that only has meaning or value in relation to people" ("Indigenizing Philosophy... (shrink)

On March 17, 2015, Brill was informed that the article by Francisco Gómez Camacho S. J., “Later Scholastics: Spanish Economic Thought in the XVIth and XVIIth Centuries,” in _Ancient and Medieval Economic Ideas and Concepts of Social Justice_, ed. S. Todd Lowry and Barry Gordon, pp. 503–561 suffers from serious citation problems and that in some cases the original sources are never mentioned at all. It goes without saying that Brill strongly disapproves of such practices, which represent a serious (...) breach of publication integrity. Brill condemns any violation of the authors’ rights and the copyrights of the publishers, and distances itself from these practices. As a result Brill cannot stand behind the noted material as originally contained in this volume and for these reasons formally retracts the article by Francisco Gómez Camacho and also the volume. The volume will no longer be available in its current form. (shrink)

Two college-age samples, one from the United States and one from Spain, were studied with mixed methods, phenomenological and traditional experimental - regarding the alleged foundational topic of `unfairness'. Participants gave their instantiations of `It's not fair!', which were deconstructed and qualitatively analyzed to find and compare the essential types of unfairness. Using traditional experimental methods, unfairness vignettes were rated by severity and quantitatively analyzed, to see whether the two cultural groups make similar or different distinctions among the concepts of (...) `unfairness', `injustice' and `misfortune'. From qualitative analyses, the fairness principles of `equity' and `equality' appeared in both groups, but `honor and dignity' violations were much more frequent in the Spanish group, as different fairness principles interacted in complex ways. From the quantitative analyses, `unfairness' was the broadest of the three concepts, extending beyond `injustice' and both cultural groups viewed `misfortunes' as `unfairnesses'. Implications for a commonsense morality across cultures are discussed. (shrink)

Frege’s claim that proper names have senses has come to seem untenable following Kripke’s argument that names are rigid designators. It is commonly thought that if names had senses, their referents would vary with circumstances of evaluation. The article defends Frege’s claim by arguing that names have word-reflexive senses. This analysis of names’ senses does not violate Kripke’s noncircularity condition, and it differs crucially from related views of Bach and Katz. That names have reflexive senses confirms Frege’s own solution to (...) his puzzle about the content of identity sentences, solves Kripke’s Pierre and Peter puzzles about belief ascription, and entails that bearerless names have meanings. Furthermore, names’ having reflexive senses explains why they designate rigidly. (shrink)

"On Sense and Reflexivity" offers the answer to a crucial question that was posed, and left without a satisfactory answer, by Gottlob Frege in "On Sense and Reference" (1892): What is the sense of a proper name? The century-long failure to answer this question has been the main motivation and support for recent nondescriptional accounts of lexical singular terms.

Singular-term semantics has been intractable. Frege took the referents of singular terms to be their semantic values. On his account, vacuous terms lacked values. Russell separated the semantics of definite descriptions from the semantics of proper names, which caused truth-values to be composed in two different ways and still left vacuous names without values. Montague gave all noun phrases sets of verb-phrase extensions for values, which created type mismatches when noun phrases were objects and still left vacuous names without values. (...) There is a single type of value for all noun phrases that dissolves the difficulties which have beset singular-term semantics. (shrink)

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.

Frege's thesis that each singular term has a sense that determines its reference and serves as its cognitive value has come to be widely doubted. Saul Kripke argued that since names are rigid designators, their referents are not determined by senses. David Kaplan has argued that the rigid designation of indexical terms entails that they also lack referent–determining senses. Kripke's argument about names and Kaplan's argument about indexical terms differ, but each contains a false premise. The referents of both names (...) and indexical terms are determined by reflexive senses. It is reflexive sense that makes these terms rigid designators. (shrink)

Frege's thesis that each singular term has a sense that determines its reference and serves as its cognitive value has come to be widely doubted. Saul Kripke argued that since names are rigid designators, their referents are not determined by senses. David Kaplan has argued that the rigid designation of indexical terms entails that they also lack referent–determining senses. Kripke's argument about names and Kaplan's argument about indexical terms differ, but each contains a false premise. The referents of both names (...) and indexical terms are determined by reflexive senses. It is reflexive sense that makes these terms rigid designators. (shrink)

ABSTRACT Every social order depends on a pathway to atonement for those who breach behavioral expectations. However, observers from a variety of fields now agree that the United States has entered an age of non-apology, where the two words “I’m sorry” simply cannot be said, particularly by powerful men facing allegations of sexual misconduct. This essay draws attention to, and comments upon, this trend. We first identify the sociopolitical factors that have inaugurated the era of non-apology, namely growing political polarization. (...) We then explain the consequences of this shift in societal expectations surrounding apology. This state of affairs, which associates genuine apology with emasculation and defeat, is harmful: it foments a toxic culture that will not allow redress for survivors of sexual assault and harassment; and it provides no answers to complex questions of how society can address the guilt of those who engage in sexual misconduct. (shrink)

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.