Ratio Juris, Volume 34, Issue 2, Page 161-179, June 2021.

Algunos autores contrarios a la práctica constitucional actualmente dominante han defendido una rigidez constitucional “mínima” como una forma “débil” del constitucionalismo en la que la voluntad mayoritaria puede identificar el alcance de los derechos fundamentales por encima de las determinaciones judiciales. El objetivo de este trabajo es plantear algunas reflexiones críticas sobre dicha propuesta, adoptando para ello como parámetro normativo la racionalidad intrínseca de la práctica constitucional contemporánea en las democracias liberales. Dicha argumentación crítica avanza del siguiente modo: en primer (...) lugar, se discute la distinción formal entre sistemas de control jurisdiccional “fuerte” y “débil”; en segundo lugar, se pone en duda la supuesta relevancia de la reforma constitucional en la concreción histórica de los derechos básicos; y, por último, se rechaza la rigidez constitucional mínima entendida como parte de un modelo constitucional genuinamente alternativo diseñado para superar la práctica constitucional dominante. (shrink)

Algunos autores contrarios a la práctica constitucional actualmente dominante han defendido una rigidez constitucional “mínima” como una forma “débil” del constitucionalismo en la que la voluntad mayoritaria puede identificar el alcance de los derechos fundamentales por encima de las determinaciones judiciales. El objetivo de este trabajo es plantear algunas reflexiones críticas sobre dicha propuesta, adoptando para ello como parámetro normativo la racionalidad intrínseca de la práctica constitucional contemporánea en las democracias liberales. Dicha argumentación crítica avanza del siguiente modo: en primer (...) lugar, se discute la distinción formal entre sistemas de control jurisdiccional “fuerte” y “débil”; en segundo lugar, se pone en duda la supuesta relevancia de la reforma constitucional en la concreción histórica de los derechos básicos; y, por último, se rechaza la rigidez constitucional mínima entendida como parte de un modelo constitucional genuinamente alternativo diseñado para superar la práctica constitucional dominante. (shrink)

Danto inicia su filosofía de la historia del arte con un núcleo problemático que inaugura el modernismo: una obra de arte llega a ser indiscernible de una mera cosa, en la medida en que es el resultado lógico de la narrativa de un cierto periodo. Hablar sobre el fin del arte es hablar de las razones que sustentan esa narración y de la posibilidad de su culminación. Se propone una crítica, a partir de la relación entre esencialismo, historicismo y pluralismo, (...) para examinar su controversial tesis sobre la clausura histórica del arte por agotamiento de su impulso cognitivo. Danto begins his philosophy of the history of art with the problematic issue that characterizes modernism: a work of art becomes indiscernible from a mere thing insofar as it is the logical result of the narrative of a certain period. To speak of the end of art is to speak of the reasons that support such narrative and the possibility of its culmination. The article proposes a critique on the basis of the relation among essentialism, historicism, and pluralism, in order to examine Danto's controversial thesis regarding the historical end of art due to the exhaustion of its cognitive impulse. (shrink)

Danto inicia su filosofía de la historia del arte con un núcleo problemático que inaugura el modernismo: una obra de arte llega a ser indiscernible de una mera cosa, en la medida en que es el resultado lógico de la narrativa de un cierto periodo. Hablar sobre el fin del arte es hablar de las razones que sustentan esa narración y de la posibilidad de su culminación. Se propone una crítica, a partir de la relación entre esencialismo, historicismo y pluralismo, (...) para examinar su controversial tesis sobre la clausura histórica del arte por agotamiento de su impulso cognitivo. (shrink)

What is the value of intellectual playfulness? Traditional characterizations of the ideal thinker often leave out playfulness; the ideal inquirer is supposed to be sober, careful, and conscientiousness. But elsewhere we find another ideal: the laughing sage, the playful thinker. These are models of intellectual playfulness. Intellectual playfulness, I suggest, is the disposition to try out alternate belief systems for fun – to try on radically different perspectives for the sheer pleasure of it. But what would the cog-nitive value be (...) of such playfulness? I suggest that intellectual playfulness function as, at the very least, a kind of intellectual insurance policy against epistemic traps. An epistemic trap is a belief system that re-directs good-faith inquiry to bad results. Am epistemic trap manipulates background beliefs to fend off contrary evidence. For example, a conspiracy theory might include a set of beliefs about how the mainstream media has been taken over by some vicious cabal. Normal epistemic attempts will be captured by a well-wrought epistemic trap, because normal attempts at inquiry are guided by these background beliefs -- which set what counts as a plausible path to explore, and what is implausible or beyond the pale. And a clever epistemic trap will manipulate those background beliefs for ill effect. Intellectual playfulness, on the other hand, isn’t motivated by an epistemic interest in the truth, but in the sheer pleasure of intellectual exploration. Since intellectual playfulness isn’t oriented towards the truth, it won’t be constrained by an agent’s background beliefs – it won’t, for example, prefer to investigate apparently more plausible pathways. Intellectual playfulness offers an opportunity to escape from epistemic traps. But intellectual playfulness has its own limitations. It will only drive us to explore belief systems when that exploration is fun. What we need is an array of differently-motivated exploratory tendencies – empathy, curiosity, playfulness – each of which will each cover for the others’ limitations. (shrink)

One of the very few accounts in English of German idealism, this ambitious work advances and revises our understanding of both the history and the thought of the classical period of German philosophy. As he traces the structure and evolution of idealism as a doctrine, Frederick Beiser exposes a strong objective, or realist, strain running from Kant to Hegel and identifies the crucial role of the early romantics—Hölderlin, Schlegel, and Novalis—as the founders of absolute idealism.

This article challenges conventional readings of Michel Foucault by examining his fascination with neoliberalism in the late 1970s. Foucault did not critique neoliberalism during this period; rather, he strategically endorsed it. The necessary cause for this approval lies in the broader rehabilitation of economic liberalism in France during the 1970s. The sufficient cause lies in Foucault's own intellectual development: drawing on his long-standing critique of the state as a model for conceptualizing power, Foucault concluded, during the 1970s, that economic liberalism, (...) rather than “discipline,” was modernity's paradigmatic power form. Moreover, this article seeks to clarify the relationship between Foucault's philosophical antihumanism and his assessment of liberalism. Rather than arguing that Foucault's antihumanism precluded a positive appraisal of liberalism, or that the apparent reorientation of his politics in a more liberal direction in the late 1970s entailed a partial retreat from antihumanism, this article contends that Foucault's brief, strategic, and contingent endorsement of liberalism was possible precisely because he saw no incompatibility between antihumanism and liberalism—but only liberalism of the economic variety. Economic liberalism alone, and not its political iteration, was compatible with the philosophical antihumanism that is the hallmark of Foucault's thought. (shrink)

This paper considers whether a divine-command theory of moral obligation could justify morally horrible acts, partly by examining Kierkegaard’s writings. It argues that only the commands of a God who is essentially good could be morally justified, and thus no defensible version of a DCT could actually justify horrible acts. In Works of Love Kierkegaard defends such a DCT, and thus is committed to the claim that any actual commands of God must be aimed at the good. This is consistent (...) with the claim that if we knew that a command that is alleged to be from God is directed at what is bad, the command must not be authentic. The issue raised by Fear and Trembling, where Kierkegaard’s pseudonym Johannes de Silentio considers the “binding of Isaac” story, thus raises crucial epistemic issues, which cannot be settled without considering how one might come to know that a purported revelation from God is authentic, as well as how one might come to believe that some particular moral belief is wrong. The paper defends the view that if one knew that a revelation from God was authentic, then one could be justified in holding a moral view on some particular issue, such as veganism, that clashes with the dominant views of one’s contemporaries. (shrink)

This paper is written in an analytic style, but it is meant to deprive analysis of an important prop. The title needs a short introduction. The mistake is to take ‘real’ as governed in its separate uses by criteria; and this paper is meant to show that this is a mistake and that Ausin makes it. In the course of the argument I try to develop my own account and, although I am not altogether satisfied with it, the result gives (...) something to build upon. I believe the mistake is by no means confined to Austin, but that it is connected with a particular conception of philosophy. (shrink)

While poverty all over the world is more typical and extreme in rural contexts, interventions to improve cognition in low socioeconomic status children are for the most part based on studies conducted in urban populations. This paper investigate how poverty and rural or urban settings affect child cognitive performance. Executive functions and non-verbal intelligence performance, as well as individual and environmental information was obtained from 131 5-year-old children. For the same level of SES, children in rural settings performed consistently worse (...) than children in urban settings. These differences could be accounted mostly by the months of past preschool attendance and the father’s completed level of education. These results should inform policies and programs for children living in rural poverty worldwide, and specially in Latin America. (shrink)

The Holocaust marks a decisive moment in modern suffering in which it becomes almost impossible to find meaning or redemption in the experience. In this study, C. Fred Alford offers a new and thoughtful examination of the experience of suffering. Moving from the Book of Job, an account of meaningful suffering in a God-drenched world, to the work of Primo Levi, who attempted to find meaning in the Holocaust through absolute clarity of insight, he concludes that neither strategy works well (...) in today's world. More effective are the day-to-day coping practices of some survivors. Drawing on testimonies of survivors from the Fortunoff Video Archives, Alford also applies the work of Julia Kristeva and the psychoanalyst Donald Winnicot to his examination of a topic that has been and continues to be central to human experience. (shrink)

AC Grayling is Britain’s leading popular philosopher. A professor at Birkbeck College, University of London, he has written over 20 books, ranging from academic monographs such as Truth, Meaning and Realism to more accessible works such as What is Good? and The Mystery of Things. His most recent books are Towards The Light and The Choice of Hercules.

‘Mysticism means to isolate the eternal from the originated.’ This is not my definition of the word ‘mysticism’ but that of the founder of the ‘orthodox’ school of Muslim mysticism, Al-Junayd of Baghdad who flourished in the ninth century a.d . In actual fact it is not a definition of mysticism at all but of the Arabic word tawḥīd which means primarily ‘the affirmation of unity’; and that surely is an essential ingredient of any form of mysticism: it is the (...) affirmation through personal experience of unity either absolutely or in some qualified sense. (shrink)

As everyone knows, since the end of the Second World War there has been a sensational revival of interest in the non-Christian religions particularly in the United States and in this country. The revival has taken two forms, the one popular, the other academic. The first of these has turned almost exclusively to Hindu and Buddhist mysticism and can be seen as an energetic reaction against the dogmatic and until very recently rigid structure of institutionalised Christianity and a search for (...) a lived experience of the freedom of the spirit which is held to be the true content of mysticism, obscured in Christianity by the basic dogma of a transcendent God, the ‘wholly Other’ of Rudolf Otto and his numerous followers, but wholly untrammelled by any such concept in the higher reaches of Vedanta and Buddhism, particularly in its Zen manifestation. On the academic side the picture is less clear. There is, of course, the claim that the study of religion, like any other academic study, must be subjected to and controlled by the same principles of ‘scientific’ objectivity to which the other ‘arts’ subjects have been subjected, to their own undoing. But even here there would seem to be a bias in favour of the religions of India and the Far East as against Islam, largely, one supposes, in response to popular demand. (shrink)

Education is so strongly emphasized in the Chinese culture that academic success is widely regarded as the only indicator of success, while too much physical activity is often discouraged because it drains energy and affects academic concentration. This study investigated the relations among academic achievement, self?esteem, school conduct and physical activity level. The participants were 333 Chinese pre?adolescents (aged 8?12) in Hong Kong. Examination results and conduct grades were obtained from the school records. Global self?esteem was measured with the Physical (...) self?description questionnaire (PSDQ), while physical activity patterns of the children were assessed with the Physical activity questionnaire for children (PAQ?C). Results showed that high academic achievers consistently attained better school conduct marks. However, physical activity level was quite an independent entity that was related neither to academic achievement nor school conduct. Furthermore, regression analyses showed that only academically high?achieving boys and physically active boys had higher self?esteem. (shrink)

William C. Gentry was both an academic philosopher, perfectly willing to engage in the philosophical 'conversations' of the written word and, more importantly, a true philosopher, in the Platonic and Socratic style. Engaging with those around him in discourse, in live conversations, which are the vehicle of actual philosophical inquiry and discovery. These essays are the product of those conversations. Gentry's thoughts consisted of investigations into the deepest and most profound questions of human nature, ethics, and knowledge. This volume is (...) a tribute both to his role as a teacher and philosopher. As a teacher, friend, and colleague, Gentry was the epitome of the philosopher: questioning, exploring, critiquing, discovering. (shrink)

A lack of consensus persists as to whom exactly the dialogues of Wittgenstein's Philosophical Investigations are between: Wittgenstein and an interlocutor? Or perhaps a variety of interlocutors, none of whom can be identified with Wittgenstein himself? I argue here that this lack of consensus is possibly due to an ambiguity in the ordinary concept of “talking to oneself,” and that a new concept of “talking to oneself” appropriate to Wittgenstein's dialogues is needed to properly understand them. Wittgenstein is talking to (...) himself—but he is doing so in the way we talk to other people. (shrink)

To eliminate racist prejudices, it is necessary to identify the root cause of racism. American slavery preceded racism, and it was closely associated with genocide. Accordingly, we seek the unique cause of the unique event of genocide + slavery. This was initially justified by religious prejudice, rather than colour prejudice. This religious justification was weakened when many Blacks converted to Christianity, after the trans-Atlantic slave trade. The curse of Kam, using quick visual cues to characterize Blacks as inferior Christians, was (...) inadequate. Hence, the church fell back on an ancient trick of using false history as secular justification for Christian superiority. This trick had resulted in a false history of science during the Crusades when scientific knowledge in translated Arabic texts was indiscriminately attributed to the early Greeks, without evidence. This false history enabled belief in religious superiority to mutate into a secular belief in White superiority. After colonialism, and the Aryan race conjecture, the belief in White superiority further mutated into a belief in Western civilizational superiority, openly propagated today by colonial education. Hence, to eliminate racist prejudice, it is necessary to engage simultaneously with the allied prejudices about Christian/White/Western superiority, based on the same false history of science. (shrink)