The Languedoc region between the Rh.ne River and the Pyrenees is renowned for its medieval history. Or rather, its special version of medievalism. This article seeks to explain how and why the Albigensian Crusade (1209-1229) and the heretical Cathars came to be intertwined with myths about the Holy Grail after World War I by examining three different definitions of medievalism by Eco, Gentry & Müller, and Matthews. The theories approach medievalisms from different perspectives, but they all pay special attention to (...) the political usage of medievalisms, which can be detected in all corners of the Albigensian Crusade historiography and fictional literature. This shows that a special Occitanian medievalism-hybrid has been created, which is constantly being developed and highlighted by both literature, myths and the region’s tourism industry. Finally, the article argues that the perceptions of medieval Languedoc and the myths surrounding the area reflects the challenges and political reality of the authors’ own time and experiences. (shrink)

There is an ongoing discussion concerning personal vs. impersonal considerations in professional care. In this article, three different positions within the ethics of closeness will be discussed. These are: (a) reserving the ethics of closeness for close experienced others, ‘including the experienced Other’, which is Nortvedt's position; (b) trying to bring the distant, non‐experienced others closer, ‘including the Third’; and (c) finally, an examination of whether a perspective of closeness may lead to the exclusion of various groups in need of (...) help, ‘including the Other at the expense of the Third’. These positions are discussed with a view to clarifying some of the challenges that the ethics of closeness faces when it maintains that greater ethical obligation is associated with personal than with impersonal relations, without discussing the terms on which the obligation is based. Key questions that arise for a nurse or other health professional are: If our primary moral responsibility is for those that are close to us, the experienced others, who is to be responsible for those that are outside the established health services, the non‐experienced others? Is it evident that favouring the experienced others is based on legitimate needs? Can a discussion on the legitimate basis of nursing be avoided in questions relating to closeness and priorities? This discussion touches the heart of our discipline. Is a one‐sided perspective of closeness, rejecting moral responsibility for those with whom we have no relationship, a defensible ethical position? (shrink)

The explosive emergence of net-based learning in higher education brings with it new possibilities and constraints in teaching and learning environments. This edited collection considers how the concept of Academic Bildung - a term suggesting a personal educational process beyond actual educational learning - can be applied to net-based higher education, drawing on Scandinavian research to address the topic from both a theoretical and practical standpoint. Chapters explore the facilitation of online courses and argue how and why universities should involve (...) dimensions of Academic Bildung on both a strategic and technological pedagogical content level.The book is structured in three parts: Part I frames the current state of net-based learning and introduces Bildung as a concept; Part II contains a set of 4 case studies in Norway, Sweden and Denmark, also including a fifth study that looks at Scandinavian approaches to teaching and learning in comparison with data from USA, UK, Australia and Canada; Part III provides a synthesis of theories and cases to examine whether a Scandinavian orientation can be discerned. Contributions suggest that in order to address one of the fundamental functions of higher education, the ability to produce new knowledge, the Academic Bildung of the students has to be in focus. Grounded in theoretical and empirical discussion, this book will appeal to researchers and academics in the field of higher education as well as personnel who work with teaching and learning with technology, and academics interested in the question of Academic Bildung. (shrink)

Background:Nurses working within acute psychiatric settings often face multifaceted moral dilemmas and incompatible demands.Methods:Qualitative individual and focus group interviews were conducted.Ethical considerations:Approval was received from the Norwegian Social Science Data Services. Ethical Research Guidelines were followed.Participants and research context:Thirty nurses working within acute psychiatric wards in two mental health hospitals.Results:Various coping strategies were used: mentally sorting through their ethical dilemmas or bringing them to the leadership, not ‘bringing problems home’ after work or loyally doing as told and trying to make (...) oneself immune. Colleagues and work climate were important for choice of coping strategies.Discussion:Nurses’ coping strategies may influence both their clinical practice and their private life. Not facing their moral distress seemed to come at a high price.Conclusions:It seems essential for nurses working in acute psychiatric settings to come to terms with distressing events and identify and address the moral issues they face. As moral distress to a great extent is an organisational problem experienced at a personal level, it is important that a work climate is developed that is open for ethical discussions and nourishes adaptive coping strategies and moral resilience. (shrink)

ABSTRACT This article is written in the field of the philosophy of science. The aim is to express how painting and drawing can be used as part of a phenomenological research method. The painter or drawer is a visual researcher in the process of capturing a holistic and truthful experience of a cultural phenomenon. We will highlight the visual researcher process and how the experience of truth is known throughout this process. The paining and sketches, which we present in this (...) article, are part of a book, together with written narratives and pedagogical theory – on teaching as a phenomenon – called Lærerpraksis og Pedagogisk teori. The paintings and drawings present teaching in a way that complements and expands the written text. The sketches and painting of teaching attempt to establish the truth as unconcealment of a phenomenon. Our argumentation is based on the theories of Gadamer, Cassirer, Panofsky and Heidegger. Gadamer connects humanistic research with artistry and the experience of truth. Cassirer argues that the perception of a cultural phenomenon begins as a holistic understanding to bring forth the symbolic form or essence of the phenomenon. Panofsky transfers the theory of Cassirer into the field of painting. The concept of synthetic intuition is the intrinsic knowing of a painting, which corresponds to Cassirer’s concept of symbolic forms. Heidegger’s theory explores how art unfolds and preserves the truth. We will argue that the connection between art and truth could bring forth important perspectives on phenomenological science and turn the research activity closer to an artistic form. (shrink)

With the point of departure in the ongoing discussion of the professional and moral responsibility for those who are not equally included in the established health services, the question of how to include individuals and groups facing marginalisation is one of the major challenges within the ethics of care. This makes marginalisation a core concept in our time, which is challenged by, among other things, differentness with respect to ethnicity and social status as well as breach with norms and laws. (...) The representation of individuals and groups facing marginalisation is not merely an intellectual question, however, but an epistemological one with political, practical and ethical implications. This article discusses a pilot project exploring what we can do within nursing education to sensitise students to professional and moral responsibility for individuals and groups facing marginalisation. A dialogical approach to knowledge, including cooperation with voluntary organisations and low-threshold facilities with a long tradition of trying to prevent people from falling through the net', was chosen to highlight the professional challenges and the ethical dilemmas that arise in the interface between closeness and distance, caring and marginalisation. Evaluation of data indicated that such an approach to knowledge seems to benefit the students' learning. (shrink)

The proposition that selective advantages of linguistic skills have contributed to shifts in ontogenetic landmarks of human life histories in early Homo sapiens is weakened by neglecting alternative mechanisms of life history evolution. Moreover, arguments about biological continuity through sweeping comparisons with nonhuman primates do not support various assumptions of this scenario.

The paper focuses on Albert Borgmann’s philosophy of technology. We argue in support of Borgmann’s “Churchill principle” (“we shape our buildings, and afterwards they shape us”) as presented in Real American Ethics (RAE) (2006) by comparing it to findings within behavioral economics in general and to the “libertarian paternalism” of Cass R. Sunstein and Richard H. Thaler in particular. According to our interpretation of it, the Churchill principle implies that because our material environment in fact influences our choices, this environment (...) can and should be rearranged so that we “automatically” will tend to make better decisions. Having defended the Churchill principle, we go on to discuss how this principle is related to Borgmann’s approach in Technology and the Character of Contemporary Life (TCCL) (1984). In this earlier work, Borgmann suggests we reform technology by making room for focal practices, that is, meaningful practices in which we develop our skills and excellences. We argue that while these two works have different basic approaches—rearranging the material environment in RAE and developing certain skills and excellences in TCCL—they can and ought to be seen, not as mutually excluding, but as supplementing one another. Together they form a highly salient critique of technology that takes into consideration questions of the good life without becoming overly paternalistic. (shrink)

The paper focuses on Albert Borgmann’s philosophy of technology. We argue in support of Borgmann’s “Churchill principle” as presented in Real American Ethics by comparing it to findings within behavioral economics in general and to the “libertarian paternalism” of Cass R. Sunstein and Richard H. Thaler in particular. According to our interpretation of it, the Churchill principle implies that because our material environment in fact influences our choices, this environment can and should be rearranged so that we “automatically” will tend (...) to make better decisions. Having defended the Churchill principle, we go on to discuss how this principle is related to Borgmann’s approach in Technology and the Character of Contemporary Life. In this earlier work, Borgmann suggests we reform technology by making room for focal practices, that is, meaningful practices in which we develop our skills and excellences. We argue that while these two works have different basic approaches—rearranging the material environment in RAE and developing certain skills and excellences in TCCL—they can and ought to be seen, not as mutually excluding, but as supplementing one another. Together they form a highly salient critique of technology that takes into consideration questions of the good life without becoming overly paternalistic. (shrink)

BackgroundIn this article, the sources and features of moral distress as experienced by acute psychiatric care nurses are explored.Research designA qualitative design with 16 individual in-depth interviews was chosen. Braun and Clarke’s six analytic phases were used.Ethical considerationsApproval was obtained from the Norwegian Social Science Data Services. Participation was confidential and voluntary.FindingsBased on findings, a somewhat wider definition of moral distress is introduced where nurses experiencing being morally constrained, facing moral dilemmas or moral doubt are included. Coercive administration of medicines, (...) coercion that might be avoided and resistance to the use of coercion are all morally stressful situations. Insufficient resources, mentally poorer patients and quicker discharges lead to superficial treatment. Few staff on evening shifts/weekends make nurses worry when follow-up of the most ill patients, often suicidal, in need of seclusion or with heightened risk of violence, must be done by untrained personnel. Provision of good care when exposed to violence is morally challenging. Feelings of inadequacy, being squeezed between ideals and clinical reality, and failing the patients create moral distress. Moral distress causes bad conscience and feelings of guilt, frustration, anger, sadness, inadequacy, mental tiredness, emotional numbness and being fragmented. Others feel emotionally ‘flat’, cold and empty, and develop high blood pressure and problems sleeping. Even so, some nurses find that moral stress hones their ethical awareness.ConclusionMoral distress in acute psychiatric care may be caused by multiple reasons and cause a variety of reactions. Multifaceted ethical dilemmas, incompatible demands and proximity to patients’ suffering make nurses exposed to moral distress. Moral distress may lead to reduced quality care, which again may lead to bad conscience and cause moral distress. It is particularly problematic if moral distress results in nurses distancing and disconnecting themselves from the patients and their inner selves. (shrink)

ABSTRACT For a distribution of health care resources to be fair, it should consider the consequences for the whole lives of the affected persons and not just how badly off they are at the present moment. Since, other things being equal, a person is worse off if he dies young than if he dies old, it is fair to give scarce vital health care resources to young rather than to old persons. In the paper this ageist view is restated and (...) defended against a number of objections raised by John Harris. According to Harris' so‐called anti‐ageist argument the only relevant consideration in the distribution of vital health care resources is people's desire to go on living. On reflection, this is highly counterintuitive. Instead, it is argued that both present desires to go on living and possible future happiness should weigh together with considerations of fairness. Both fairness and possible future happiness will in most cases speak in favour of saving the young before the old. A number of other problems for the ageist view are discussed, and solutions are suggested. (shrink)

ABSTRACT For a distribution of health care resources to be fair, it should consider the consequences for the whole lives of the affected persons and not just how badly off they are at the present moment. Since, other things being equal, a person is worse off if he dies young than if he dies old, it is fair to give scarce vital health care resources to young rather than to old persons. In the paper this ageist view is restated and (...) defended against a number of objections raised by John Harris. According to Harris' so‐called anti‐ageist argument the only relevant consideration in the distribution of vital health care resources is people's desire to go on living. On reflection, this is highly counterintuitive. Instead, it is argued that both present desires to go on living and possible future happiness should weigh together with considerations of fairness. Both fairness and possible future happiness will in most cases speak in favour of saving the young before the old. A number of other problems for the ageist view are discussed, and solutions are suggested. (shrink)

In this article, we discuss the practice of conducting research in one's own field, in this case, from a position as a researcher with a nursing background doing fieldwork in a hospital and in one's own organization, an orthopedic surgical department. We show how an “insider” researcher position paves the way for analytical insights about sleep as an institutional phenomenon in the orthopedic surgical infrastructure and how acute and elective patient trajectories differ but build on the same logic, creating the (...) same dynamics of inclusion and exclusion. Through a situated and sociomaterial perspective, we analyze different clinical interactions in which we follow the hospital bed as an example of a central relational element that co‐creates sleep as an institutional phenomenon. Inspired by Karen Barad, we demonstrate how to move diffractively when doing and analyzing fieldwork and argue how moving diffractively as a researcher doing fieldwork “at home” is productive and challenges the concept and demand of “distance” as the phenomenological exercise in fieldwork. (shrink)

I denne artikkelen drøfter vi hvordan norske forbrukeres holdninger til genmodifisert mat har endret seg gjennom årene. Allerede da genteknologi ble etablert som et eget forskningsfelt og utviklingsområde på 1980-tallet, viste den norske opinionen stor skepsis. Den norske lovgivningen tidlig på 1990-tallet utmerket seg også som den mest restriktive i Europa. Dette bildet endret seg ikke mye i løpet av 1990-tallet, mens opinionen i mange europeiske land i disse årene kom mer på linje med den norske. I hele denne perioden (...) var både forbrukeropinionen og lovgivningen i USA langt mer aksepterende enn i Europa, noe som ga seg utslag i en handelskonflikt som toppet seg med EU sitt moratorium for utsetting av genmodifiserte planter i 1999. I denne artikkelen stiller vi spørsmålet om norske forbrukeres holdninger til genmodifisert mat har endret seg de siste årene. Artikkelen viser at mellom 2002 og 2007 er det en voksende gruppe av forbrukere som ser ut til å akseptere genmodifiserte matvarer hvis det fører til en helse- eller miljøgevinst. Men til tross for dette så er nordmenn fremdeles skeptiske til genmodifisert mat. Det kan tolkes slik at genmodifisert mat ikke har ført til den nytten som ansees nødvendig for å ta den risikoen det innebærer å gjøre et betydelig skifte i matseddel. Matpatriotisme og en kulturell konservatisme når det gjelder skifte i matvaner bidrar også til å forklare den dominerende vente-og-se-holdningen. (shrink)

This article examines one practice for challenging a co-participant, the use of polar interrogatives that are unanswerable. These are questions that are designed to receive a confirming answer of the same polarity as the question, so-called `Same Polarity Questions'. Speakers accomplish this bias by formatting the question in accordance with their state of knowledge. Based on the recipient's prior turns at talk, a speaker can infer what the recipient's stance towards some matter is and use a `Same Polarity Question' to (...) assert this inference and invite the recipient to confirm the stance. However, the sequential context in which these questions are produced means that with a confirming answer the recipient is heard to be in disagreement with the speaker and can subsequently be held accountable for this disagreement. Neither is a disconfirming response a real alternative, because this would contrast with the information provided by the recipient in prior talk. As this information is what leads the speaker to convey a certain belief about the recipient, the recipient is accountable for having misled the speaker. Because both confirming and disconfirming answers are accountable and hence problematic, recipients treat this type of question as unanswerable and instead orient to it as a challenge. (shrink)

This article takes the failure to grasp fully the paradigmatic case of European security after the Cold War as an example of how International Relations (IR) would benefit from reformulating not only its empirical research questions but also several of its central conceptual building blocks with the aid of Bourdieusian sociology. The separation between theory and practice and the overemphasis on military power and state actors blind IR from seeing the power struggles that reshaped European security. Instead, a Bourdieusian reformulation (...) adds new types of agency, focuses on the social production of forms of power, and stresses the processual rather than the substantive character of social reality. (shrink)

We sometimes disagree not only about facts, but also about how best to acquire evidence or justified beliefs within the domain of facts that we disagree about. And sometimes we have no dispute-independent ways of settling what the best ways of acquiring evidence in these domains are. Following Michael Lynch, I call this phenomenon deep disagreement. In the paper, I outline various forms of deep disagreement, following but also in certain respects revising and expanding Lynch’s exposition in (2010, 2012). As (...) is well known, for the externalist about knowledge and epistemic justification deep disagreements may be nothing more than an unfortunate failure of communication. Yet, though he grants this, Lynch argues that deep disagreement points to a sort of practical problem. I agree. In my paper I propose a revised account of the sort of practical problem that deep disagreement may pose. In short, my claim is that deep disagreement may be a problem due to the role that shared factual beliefs may have in common decision-making. I discuss and assess various reactions to the problem of deep disagreement, including the one proposed by Lynch. I argue that none of the solutions discussed in the paper are satisfactory. (shrink)

På et fotballag i overgangen mellom barne- og ungdomsfotballen er spilletid på fotballbanen under kamp både en knapp ressurs og en kilde til diskusjoner om fordeling. Spørsmålet som er utgangspunkt for denne artikkelen, er hvilke hensyn som bør tas når trener og lagleder skal fordele samlet spilletid på enkeltspillere. Er det viktigst å vinne fotballkampen, eller har det størst betydning å fordele spilletiden mest mulig likt mellom spillerne? Skal det tas hensyn til guttenes evner, motivasjon og preferanser? Er deres familiebakgrunn (...) og personlighet av betydning? Diskusjonen baserer seg på en gjennomgang av ulike politiske rettferdighetsteorier for fordeling av knappe goder.Nøkkelord: rettferdighet, practice, fordelingsrettferdighet, diskursetikk, idrettsetikkEnglish summary: Minutes of justice: Distribution of time during football matches in a boys' teamDuring a football match, time for playing can be considered as a limited good. In this article the point of departure is the redistribution of time in a boys' football team in the transition phase between children and youth football. The questions are how and under which conditions time for playing should be distributed among the players. Is winning the game more important than trying to let every player play for an equal amount of time? Should the boys' talents, motivation, and preferences be considered while distributing time, or are family background and personality of importance? Different theories of political justice for the distribution of limited goods underpin the discussion of how to distribute the minutes of playing time during a football match. (shrink)

Norway is often presented as a model country when it comes to gender equality, for its achievements in combining high birth rates with a high level of female work participation. This article investigates the relations between gender equality and childcare policy since the 1970s from a grassroots perspective. Generally initiatives in respect of childcare arrangements have come from women’s movements but there have been major disagreements regarding the issue. Publicly funded daycare and a part of the parental leave scheme reserved (...) for fathers are two arrangements that relate childcare to gender equality and that have provoked political controversies between traditional equal value oriented women’s associations, on one hand, and equal rights and women’s liberation organizations, on the other. (shrink)

In this article we discuss what we call the deliberative division of epistemic labor. We present evidence that the human tendency to engage in motivated reasoning in defense of our beliefs can facilitate the occurrence of divisions of epistemic labor in deliberations among people who disagree. We further present evidence that these divisions of epistemic labor tend to promote beliefs that are better supported by the evidence. We show that promotion of these epistemic benefits stands in tension with what extant (...) theories in epistemology take rationality to require in cases of disagreement. We argue that the epistemic benefits that result from the deliberative division of epistemic labor can provide epistemic reason to maintain confidence in cases of disagreement. We then show that the deliberative division of epistemic labor constitutes a distinct kind of epistemic dependence. (shrink)

The aim of this article is to continue the discussion about factors of importance for an including ethics of care. A further polarization between partiality and impartiality does not seem a relevant approach. What is important is to direct attention both to the other and to the third person, which requires an acknowledgement of responsibility that extends beyond established relationships. Thus, we need to draw attention not only to the vulnerability existing within every seriously ill or injured person, but to (...) factors of importance for marginalization of groups like refugees, people suffering from serious mental illness, and substance misusers, to mention some in the Western world. Marginalized groups are groups experiencing a discrepancy between need of health care and care given. They are not given proper priority in the distribution of resources, and they may experience ignorance when they first meet the healthcare system as patients.Efforts to understand what circumstances can lead to inadequate inclusion indicate that the elements of differentness and extensive losses of life contexts which may be causing feelings of hopelessness and helplessness in the health professionals, are key factors posing challenges to empathy both within and beyond established relationships, besides geographical distance. Groups of people who have suffered extensive loss in their life contexts may be threatening for us, as they reflect our own fears, and remind us of our own vulnerability.I raise the question: How can we contribute to meeting the need for an ethics of care that extends beyond the familiar to the unfamiliar both in established and non‐established relationships? (shrink)

New techniques for modifying the genomes of agricultural organisms create difficult ethical challenges. We provide a novel framework to replace worn-out ethical lenses relying on ‘naturalness’ and ‘crossing species lines.’ Thinking of agricultural intervention as a ‘negotiation’ of ‘integrity’ and ‘agency’ provides a flexible framework for considering techniques such as genome editing with CRISPR/Cas systems. We lay out the framework by highlighting some existing uses of integrity in environmental ethics. We also provide an example of our lens at work by (...) looking at the creation of ‘cisgenic’ potatoes to resist late potato blight. We conclude by highlighting three distinct advantages offered by the integrity framework. These include a more fitting way to look at the practice of scientific researchers, a more inclusive way to consider ethics around agriculture, and a more flexible way to provide the ethical grounds for regulation in different cultural contexts. (shrink)

Long-term potentiation is one of the most extensively studied forms of neuroplasticity and is considered the strongest candidate mechanism for memory and learning. The use of event-related potentials and sensory stimulation paradigms has allowed for the translation from animal studies to non-invasive studies of LTP-like synaptic plasticity in humans. Accumulating evidence suggests that synaptic plasticity as measured by stimulus-specific response modulation is reduced in neuropsychiatric disorders such as major depressive disorder, bipolar disorders and schizophrenia, suggesting that impaired synaptic plasticity plays (...) a part in the underlying pathophysiology of these disorders. This is in line with the neuroplasticity hypothesis of depression, which postulate that deficits in neuroplasticity might be a common pathway underlying depressive disorders. The current study aims to replicate and confirm earlier reports that visual stimulus-specific response modulation is a viable probe into LTP-like synaptic plasticity in a large sample of healthy adults. Further, this study explores whether impairments in LTP-like synaptic plasticity is associated with self-reported subclinical depressive symptoms and stress in a healthy population. Consistent with prior research, the current study replicated and confirmed reports demonstrating significant modulation of visual evoked potentials following visual high-frequency stimulation. Current results further indicate that reduced LTP-like synaptic plasticity is associated with higher levels of self-reported symptoms of depression and perceived stress. This indicate that LTP-like plasticity is sensitive to sub-clinical levels of psychological distress, and might represent a vulnerability marker for the development of depressive symptoms. (shrink)

As part of the roundtable “International Institutions and Peaceful Change,” this essay focuses on the role of institutions as agents of peaceful change from a perspective that emphasizes the importance of a wide spectrum of human emotions to better understand the less quantifiable but nevertheless important conditions for being able to sustain initiatives for peaceful change. It aims to throw light on the often overlooked psychological and emotional hurdles standing in the way of agents’ ability to undertake and sustain action (...) designed to lead to peaceful change. To do so, the essay returns to the pioneering work of Ernst Haas and his important concept of “spillover.” The essay shows that the neofunctional understanding of spillover was a theoretically important innovation, but that it was missing three essential elements: an understanding of the need for positive emotions and ontological security; an understanding of the link between values and identity; and a realization of the importance of a shared vision for the “good life.” To illustrate the problems with Haas's version of spillover, but also to highlight the significant potential of the theory, the essay turns to the crisis of the liberal international order as an example of a forum where the agency to undertake peaceful change seems to be faltering. The essay concludes that the ability of the liberal order to effect peaceful change is currently hampered because the order is characterized by negative emotions, contested values, and a vision of the good life that is seen as mainly a benefit for the cosmopolitan elite. (shrink)

Reduplication is a phenomenon that can be applied to various linguistic units. In this article, I determine what action the reduplication of the Danish change-of-state token nå accomplishes in interaction. Following previous research on reduplication and using the method of Conversation Analysis, I show that reduplicated nå serves to register that the previous turn at talk implemented a larger course of action, namely that of revision.

In this paper, we identify and describe a new practice for responding to unfinished requests, which we call telescoping responses, due to their being designed for telescoping the request sequence forward in the face of troubles with progressivity and in producing the request. Considering cases from an American shoe repair shop, we demonstrate that telescoping responses serve to telescope request sequences exactly because they are neither syntactically, prosodically or pragmatically fitted to the unfinished requests that they respond to.

It is timely and important that new developments in conversation analysis become the subject of principled debate. John Heritage’s recent papers on the role of epistemics constitute one such development, and by re-analysing excerpts from this work, the articles in this Special Issue reveal some significant problems with a programmatic approach to epistemics. This commentary agrees with the critics that there are dangers in an overemphasis on epistemics and in using isolated utterances and proposing abstract scales and terms. But the (...) commentary also warns against totally rejecting epistemics as a domain of inquiry in CA and points to places where the critics exaggerate their criticisms in a way that makes them unnecessarily hostile. (shrink)

The purpose of this paper is to offer a diagnosis and a resolution to generality problem. I state the generality problem and suggest a distinction between criteria of relevance and what I call a theory of determination. The generality problem may concern either of these. While plausible criteria of relevance would be convenient for the externalist, he does not need them. I discuss various theories of determination, and argue that no existing theory of determination is plausible. This provides a case (...) for the no determination view: there are no facts that determine relevant types. This is the diagnosis of the generality problem. The externalist, however, may embrace the no determination view. This is what provides a resolution to the generality problem. (shrink)

In deep disagreements local disagreements are intertwined with more general basic disagreements about the relevant evidence, standards of argument or proper methods of inquiry in that domain. The paper provides a more specific conception of deep disagreement along these lines and argues that while we should generally conciliate in cases of disagreement, this is not so in deep disagreements. The paper offers a general view of disagreement, holding roughly that one should moderate one’s credence towards uncertainty in so far as (...) disagreement with others provides undefeated higher order evidence that one might have made a mistake in one’s appreciation of the first order evidence. When applying this view to deep disagreement we get that in cases of deep disagreement higher order evidence from disagreement is rebutted or undercut by the nature of the disagreement. So, in cases of deep disagreement one should not moderate one’s credence. I finally argue that this gives a better general view of deep disagreement than views appealing to epistemic peers, personal information or independence. (shrink)

Biomedical and social scientists are increasingly calling the biological sex into question, arguing that sex is a graded spectrum rather than a binary trait. Leading science journals have been adopting this relativist view, thereby opposing fundamental biological facts. While we fully endorse efforts to create a more inclusive environment for gender‐diverse people, this does not require denying biological sex. On the contrary, the rejection of biological sex seems to be based on a lack of knowledge about evolution and it champions (...) species chauvinism, inasmuch as it imposes human identity notions on millions of other species. We argue that the biological definition of the sexes remains central to recognising the diversity of life. Humans with their unique combination of biological sex and gender are different from non‐human animals and plants in this respect. Denying the concept of biological sex, for whatever cause, ultimately erodes scientific progress and may open the flood gates to “alternative truths.”. (shrink)

In an influential article, Simon C. May forcefully argued that, properly understood, there can never be principled reasons for moral compromise. While there may be pragmatic reasons for compromising that involve, for instance, concern for political expediency or for stability, there are properly speaking no principled reasons to compromise. My aim in the article is to show how principled moral compromise in the context of moral disagreements over policy options is possible. I argue that when we disagree, principled reasons favoring (...) compromises or compromising can assume a more significant part of what makes a position all things considered best, and in this way disagreement can ground moral compromise. (shrink)

In this Article, I assess James E. Fleming’s Fidelity to Our Imperfect Constitution. For Moral Readings and Against Originalisms. For that purpose: in Part II, I reexamine Ronald Dworkin’s “moral reading”; in Part III, I reevaluate Fleming’s argument both “for moral readings and against originalisms”, which can be characterized as “fidelity to our imperfect constitution”; in part IV, I explicit three very helpful dichotomies to distinguish between moral readings, originalisms and legal pragmatism aka living constitutionalism: (1) fidelity and anti-fidelity; (2) (...) interpretation and non-interpretation aka (re)construction, (re)invention and (judicial) legislation; and (3) perfectionimperfection. Additionally, I reintroduce Lon L. Fuller’s distinction between “intelligent and unintelligent fidelity”, to point out the kind of fidelity that moral readers and everyone else must adopt: an intelligent fidelity; and, finally, I present my general conclusion. (shrink)

In this article the author, in the context of the fiftieth anniversary of H. L. A. Hart’s The Concept of Law, reconsiders the moderate indeterminacy of law thesis, which derives from the open texture of language. For that purpose, he intends: first, to analyze Hart’s moderate indeterminacy thesis, i.e. determinacy in “easy cases” and indeterminacy in “hard cases”, which resembles Aristotle’s “doctrine of the mean”; second, to criticize his moderate indeterminacy thesis as failing to embody the virtues of a center (...) in between the vices of the extremes, by insisting that the exercise of discretion required constitutes an “interstitial” legislation; and, third, to reorganize an argument for a truly “mean” position, which requires a form of weak interpretative discretion, instead of a strong legislative discretion.Resumen:En este artículo el autor, en el contexto del cincuenta aniversario de El concepto del derecho de H. L. A. Hart, reconsidera la tesis de la indeterminación moderada del derecho, la cual deriva de la textura abierta del lenguaje. Para tal propósito, pretende: primero, analizar la tesis de la indeterminación moderada del derecho, i.e. determinación en los “casos fá- ciles” e indeterminación en los “casos difíciles”, la cual recuerda la “doctrina del término medio” de Aristóteles; segundo, criticar la tesis de la indeterminación moderada del derecho por fracasar en dar lugar al término medio virtuoso entre extremos viciosos, al insistir que el ejercicio de la discreción requerida constituye una legislación “intersticial”; y, tercero, reorganizar un argumento para una verdadera posición intermedia, la cual requiere de una forma de discreción interpretativa débil, en lugar de una forma de discreción legislativa fuerte. (shrink)

In this article the author claims that the absence of a an adequate explanation of legislation within legal theory, jointly with the lack of legislators and of legislatures in jurisprudential discourse, creates —and reinforces— the presumption that adjudication, judges, and courts are central to the understanding of law. Hence, he intends not only to rebalance the relationship between legislation and adjudication, by requiring that both meet the same standards of coherence and consistency, predictability and acceptability, rationality and objectivity, but also (...) to explore the forms and limits of legislation, by challenging from the point of view of constitutionalism the idea that legislation as a sovereign activity is completely limit-free.Resumen:En este artículo el autor argumenta que la ausencia de una explicación adecuada de la legislación al interior de la teoría del derecho, junto con la falta de legisladores y de las legislaturas en el discurso filosófico-jurídico, crea —y fortalece— la presunción de que la adjudicación, los jueces y los tribunales son centrales al entendimiento del derecho. Por tanto, pretende no sólo equilibrar la relación entre legislación y adjudicación, al requerir que ambos cumplan los mismos estándares de coherencia y consistencia, predicción y aceptabilidad, racionalidad y objetividad, sino también explorar las formas y los límites de la legislación, al cuestionar desde el punto de vista del constitucionalismo la idea de que la legislación como una actividad soberana está completamente libre de límites. (shrink)

Praising wishful thinking is a serious risk that I am willing to run not only in this article commenting of Natalie Stoljar’s work but also elsewhere in my own scholarship. Although I will analyze her claims and will agree mostly with them, I will criticize her for stopping one step short adopting the desirability or weaker claim, when in it is not merely possible but necessary to go one step beyond arguing for the necessity or stronger claim. Accordingly, I intend (...) to present further grounds for endorsing “conceptual (legal) analysis pluralism” by distinguishing the three different inquiry or projects that are and must be integrated and stating the normative priority of one of them, i.e. the prescriptive, interpretive, and moral.Resumen:Alabar el “pensamiento ilusorio y bien intencionado” es un riesgo que estoy dispuesto a correr no solamente en este artículo para comentar el trabajo de Natalie Stoljar sino además en el resto de mi producción académica. Aun cuando voy a analizar su argumento y voy a estar de acuerdo en la mayor parte con ella, también la voy a criticar por detenerse un paso antes al adoptar la tesis de la deseabilidad o tesis débil, cuando no es meramente posible sino necesario ir un paso más allá al adoptar la tesis de la necesidad o tesis fuerte. Para tal efecto, intento presentar algunas razones adicionales para apoyar el “pluralismo del análisis (jurídico) conceptual” al distinguir las tres investigaciones o proyectos diferentes que están y deben estar integrados y establecer la prioridad normativa de uno de ellos, i.e. prescriptivo, interpretivo y moral. (shrink)

In this article the author, in a context in which principles and the principle of proportionality are at the heart not only of jurisprudence but also of constitutional and human rights interpretation, claims that when there were those ready to raise the hand to declare a unanimous winner, some critics and skeptics appeared. In addition, to the traditional objections, they worry that proportionality invites to doing unnecessary balancing between existing rights, inventing new rights out of nothing at all (in detriment (...) of those already well-established ones), and even worse in doing so balancing some rights away. In order to answer to such objections and to reject them, as well as to reinforce the importance of this development, the author: first, revisits the constitution of principles and of the principle of proportionality, which per definitio contradicts each one of this objections; and, then, restates the constitution of the principle of proportionality as a principle of principles not only in constitutional and human rights interpretation but also in legislation, including constitutional reformation, and adjudication.Resumen:En este artículo el autor, en un contexto en el cual los principios y el principio de proporcionalidad están en el corazón no solamente de la filosofía y teoría del derecho sino además de la interpretación en materia constitucional y de derechos humanos, argumenta que cuando había quienes estaban listos para levantar la mano para declarar a un ganador unánime, algunos críticos y escépticos aparecieron. Aunado a las objeciones tradicionales están preocupados por que en su opinión el principio de proporcionalidad invita a hacer un balanceo innecesario entre derechos existentes, a inventar nuevos derechos de la nada (en detrimento de los ya bien establecidos), y que al hacer el balanceo se pierdan derechos. Para responder a tales objeciones y rechazar las mismas, así como reforzar la importancia del desarrollo, el autor: primero, revisita la constitución de los principios y del principio de proporcionalidad, la cual per definitio contradice cada una de las objeciones; y, luego, reestablece la constitución del principio de proporcionalidad como un principio de principios no sólo en la interpretación en material constitucional y de derechos humanos sino también en la legislación, incluida la reforma constitucional, y en la adjudicación. (shrink)

In this article the author focuses mainly in the last part of Ronald Dworkin´s Justice for Hedgehogs and in his argument for a partnership conception of democracy. For that purpose, first, he recalls some of the main features that Dworkin had advanced in previous but intrinsically related works, about political morality, equality and democracy; second, he reassess the arguments for a partnership conception of democracy; third, he reconsiders the resistance produced by Jeremy Waldron in his “A Majority in the Lifeboat” (...) and the response provided by Dworkin, but since it may appear insufficient, he intends to present an alternative —or complemen- tary— riposte in order to meet Waldron’s challenge; and, finally, he insists in the importance of taking Ronald Dworkin seriously.Resumen:En este artículo el autor se enfoca principalmente en la última parte de Justice for Hedgehogs (Justicia para erizos), de Ronald Dworkin y en su argumento a favor de la concepción asociativa o societaria de democracia. Para tal propósito, primero, recuerda algunas de las características centrales que Dworkin ha adelantado en obras anteriores, pero intrínsecamente relacionadas, acerca de moralidad política, la igualdad y la democracia; segundo, reevalúa los argumentos a favor de la concepción asociativa o societaria de democracia; tercero, reconsidera la resistencia producida por Jeremy Waldron en su “A Majority in the Lifeboat” (“Una mayoría en el bote salvavidas”), y la respuesta ofrecida por Dworkin, pero toda vez que puede parecer insuficiente, trata de presentar una respuesta alternativa —o complementaria— para responder al reto de Waldron. Finalmente insiste en la importancia de tomar a Ronald Dworkin seriamente. (shrink)

In this article the author aims to assess Wilfrid J. Waluchow’s more recent book, by depicting its main aim, namely to provide a better understanding of judicial review in a constitutional democracy via the “living tree” metaphor; by disapproving an unwarranted claim, purposely to reduce the metaphor to the common law (bottom-up) methodology; and by re-developing his alternative, specifically to identify the community’s constitutional political morality, with a friendly amendment, which is already explicit —or at least somehow implicit— on it, (...) i.e. not only by judges but also by legislators, including framers, amenders or reformers, and other legal officials, including lawyers and citizens, which at the end will grant him the point.Resumen:En este artículo el autor intenta evaluar el libro más reciente de Wilfrid J. Waluchow, al caracterizar su objetivo principal, a saber: proporcionar una mejor explicación del control judicial de la constitucionalidad en una democracia constitucional mediante la metáfora del “árbol viviente”; al cuestionar un argumento, precisamente el que reduce dicha metáfora a la metodología (de abajo hacia arriba) del common law; y, al re-desarrollar una alternativa, específicamente al identificar la moralidad política constitucional de la comunidad, a partir de una enmienda amigable, misma que ya está explícita —o hasta cierto punto implícita— en ella, i. e. no sólo por los juzgadores sino también por los legisladores, incluidos los constituyentes originarios y revisores o reformadores, y otros operadores jurídicos, incluidos abogados y ciudadanos, lo cual al final de cuentas le dará el punto. (shrink)

In this article the author claims that Waluchow’s “living tree constitutionalism” constitutes a “copernican revolution in our thinking”, because it provides not a mere common law theory of judicial review but a general theory of judicial review and of constitutional democracy. Although agrees that something like the common law methodology is at play here, disagrees on characterizing it as bottom-up. Accordingly, intends to praise the main aspiration of A Common Law Theory of Judicial Review: The Living Tree, i.e. to provide (...) a better understanding of charters and judicial re- view in a constitutional democracy by “the living tree” metaphor; to appraise an unwarranted claim, i.e. to reduce it to the common law bottom-up methodology; and, to raise the alternative with a friendly amendment, i.e. to identify the community’s constitutional political morality via, a method that is both bottom-up and top-down, which is already explicit —or at least implicit— in his account.Resumen:En este artículo el autor sostiene que el “constitucionalismo del árbol viviente” de Waluchow constituye una “revolución copernicana en nuestro pensamiento”, dado que proporciona no sólo una teoría del judicial review, sino una teoría general del judicial review y de la democracia. No obstante que el autor coincide en que en esta teoría de Waluchow existe un lugar para una metodología del common law, discrepa en caracterizarla como una que va de “abajo hacia arriba”. Por lo tanto, el objetivo del artículo es resaltar la importancia del argumento principal del libro A Common Law Theory of Judicial Review: The Living Tree por medio del cual se intenta proporcionar un mejor entendimiento de las garantías individuales y del judicial review, pero advertir una consecuencia innecesaria, es decir, reducir la explicación a una metodología del common law de “abajo hacia arriba”. A su vez el autor pretende proporcionar una corrección amigable: identificar la moralidad política constitucional de la comunidad a través de un método que es tanto de “abajo hacia arriba” como de “arriba hacia abajo”, metodología que se encuentra implícita en el libro de Waluchow. (shrink)

Revisiting the influence of Hans Kelsen in Mexico requires a revision not only of his visits to Mexico and of the Mexicans to him, but also the different accounts of his thought that exist in Mexico. Hence, we commence by remembering his visits to Mexico —from the cancelled to the consummated, including a endless lists of invitations to visit the country; we continue with the visits of the Mexicans to Kelsen; and we conclude with a visit to Kelsen in Mexico, (...) where we proceed to review the bibliography published both of and on him in Mexico or of Mexican authors. For that purpose, I will do a brief recount of his published works and of the existing debates regarding the extent of influence of his thought —or the fidelity of both kelsenians and antikelsenians. Finally, we include a final consideration on the trascendence of his workResumen:Reflexionar sobre la influencia de Hans Kelsen en México obliga a recordar no solamente las visitas a México y de los mexicanos que fueron en su búsqueda, sino además las diferentes visiones que existen sobre él en México. Así, comenzamos con los viajes de Kelsen a México —desde el cancelado hasta el concretado, sin olvidar una infinidad de invitaciones para visitar el país; continuamos con las visitas de los mexicanos a Kelsen; y concluimos con una visita a Kelsen en México, donde revisamos la bibliohemerografía publicada de y sobre él en México o de autores mexicanos. Para tal efecto me permito hacer un breve recuento de las obras publicadas y de las polémicas que existen en torno al grado de in- fluencia de su pensamiento —o fidelidad de los discípulos kelsenianos y hasta de los antikelsenianos respecto al mismo. Finalmente, incluimos una reflexión final sobre la trascendencia de su obra a partir de un par de anécdotas. (shrink)