A central discussion in the theory of deliberative democracy in recent decades has focused on whether democratic deliberation, and consequently those participating in it, should aim, at least ideally, for political consensus. Thus, pluralist deliberative democrats have criticized the consensualist approach to deliberative democracy for neglecting the moral importance of political disagreement because of their fixation with reaching consensus. The debate between these two positions, initiated in the 1990s, has evolved in recent years toward more precision and sophistication. However, some (...) vagueness and ambiguities remain in many of the contributions and prevent us from getting an exact idea of the object of discussion. This article starts making further distinctions about several types of agreement and disagreement in order to clarify much more precisely the exact niche of dispute between these two views. They do not need to disagree on the value of many forms of disagreement and consensus. Their dispute consists only in a controversy about the relative value of post-deliberative, operative, substantive, legislative, regulatory, or adjudicative reason-based consensus as opposed to the corresponding reason-based disagreement. Finally, the article argues that this relatively small niche is made smaller by certain considerations. The most important of them is that this controversy remains at a high theoretical level and lacks practical importance: it only affects the kind of personal ideal commitment or aspiration that virtuous deliberators should have when entering into a deliberative process, and has no concrete consequent institutional implications. (shrink)

ABSTRACTThis article addresses the identity of the legitimate actors of international law-making from the perspective of democratic theory. It argues that both states or state-based international organisations, and civil society actors should be considered complementary legitimate actors of international law-making. Unlike previous accounts, our proposed model of representation, the Multiple Representation Model, is based on an expanded, democratic understanding of the principle of state participation: it is specifically designed to palliate the democratic deficits of more common versions of the Principle (...) of State Consent. Second, it endorses a qualified version of the Principle of Civil Society Participation, one that is much more restrictive and more critical of the democratic defects of civil society actors than most of its current supporters. Finally, it reveals how the democratic strengths and deficits of both models are best approached as mirroring one another and need to be combined in a complex ac... (shrink)

Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory.

Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. The essays consider the thr.

In 2003, Ruth Zimmerling wrote an article titled Globalization and democracy: a framework for discussion, which was an outcome of the second annual meeting of the Tampere Club. The aim of that article was to offer “a systematic overview over ideas and assumptions about the relationship between globalization and democracy”. As many other of her works, this was conceived as a contribution to bring some clarity and systematization to a discussion that back then in 2003 was already fashionable and overwhelmingly (...) omnipresent. (shrink)

El contenido del libro lo integran trabajos presentados por algunos de los más importantes filósofos anglosajones del derecho penal, todos ellos profesores en aquel momento en el Reino Unido. Dichos trabajos fueron discutidos por penalistas, filósofos y criminólogos de habla hispana provenientes de España, Argentina y Chile. En este sentido, el workshop ejemplificó también el tipo de acercamiento que los distintos mundos académicos, en este caso el mundo anglosajón y el hispano, o de forma más general el mundo jurídico del (...) common law y el de la tradición europea continental, están viviendo en estos días. (shrink)

One of the most urgent debates of our time is about the exact role that new technologies can and should play in our societies and particularly in our public decision-making processes. This paper is a first attempt to introduce the idea of CrowdLaw, defined as online public participation leveraging new technologies to tap into diverse sources of information, judgments and expertise at each stage of the law and policymaking cycle to improve the quality as well as the legitimacy of the (...) resulting laws and policies. First, we explain why CrowdLaw differs from many previous forms of political participation. Second,we reproduce and explain the CrowdLaw Manifesto that the rising CrowdLaw community has elaborated to foster such approaches around the world. Lastly, we introduce some preliminary considerations on the notions of justice, legitimacy and quality of lawmaking and public decision-making, which are central to the idea of CrowdLaw. (shrink)

Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory.

Are philosophy and literature allies or enemies in Jorge Luis Borges's fictions? In this paper, I argue that Borges can satisfy membership in the allies camp because his fictions provide the imaginative scenarios the allies believe are so necessary to this coalition; however, because his stories question philosophy's hold on reality, they can also seem to fall into the enemies camp by countervailing any claim philosophy has on reality and truth; although, ultimately, the manner in which Borges forges an (...) alliance between philosophy and literature will be for reasons not traditionally accepted by those in either the allies or enemies camps. (shrink)

José Luis Bermúdez introduces the philosophy of psychology as an interdisciplinary exploration of the nature and mechanisms of cognition. _Philosophy of Psychology_ charts out four influential 'pictures of the mind' and uses them to explore central topics in the philosophical foundations of psychology, including the relation between different levels of studying the mind/brain; the nature and scope of psychological explanation; the architecture of cognition; and the relation between thought and language. Chapters cover all the core concepts, including: models (...) of psychological explanation the nature of commonsense psychology arguments for the autonomy of psychology functionalist approaches to cognition computational models of the mind neural network modeling rationality and mental causation perception, action and cognition the language of thought and the architecture of cognition. _Philosophy of Psychology: A Contemporary Introduction_ is a very clear and well-structured textbook from one of the leaders in the field. (shrink)

Philosophers have often argued that ascriptions of content are appropriate only to the personal level states of folk psychology. Against this, this paper defends the view that the familiar propositional attitudes and states defined over them are part of a larger set of cognitive proceses that do not make constitutive reference to concept possession. It does this by showing that states with nonconceptual content exist both in perceptual experience and in subpersonal information-processing systems. What makes these states content-involving is their (...) satisfaction of certain basic conditions deriving from a general account of representation-driven behaviour that is neutral on the question of concept possession. It is also argued that creatures can be in states with nonconceptual content even though they possess no conceptual abilities at all. (shrink)

This article answer what could be the distinction that the Stoics established between philosophy and the kata philosophian logos, according to the report by D.L., VII, 39-41. In this place I distance from the scholars who consider that the distinction is ontological, this is, that the kata philosophian logos refers to the discursive presentation of Stoic dogmas, whose nature is incorporeal, while the philosophy refers to a disposition of the soul, whose nature is corporeal. I rather propose that both are (...) dispositiones or states of the rational part of the soul and that the difference is in the degree of perfection that they have accomplished. (shrink)

This book is devoted to discussion of the views of Pierre Musso and starts with a central chapter written by Musso, entitled Network Ideology: from Saint-Simonianism to the Internet. Pierre Musso is a French philosopher and is one of the most original thinkers in the history of the network society. His thought develops a critique of information and communication technologies through their imaginary and social representations and of the information society, based on the network metaphor. The main question on which (...) Musso has focused his attention is how the network metaphor is one of the most powerful ways of understanding the complex societies in which we live. Showing characteristic attention to detail, and drawing on the history of ideas, political philosophy and sociology, Musso traces the genealogy of the network imaginary, and points out that it did not emerge with the Internet. He shows how its modern roots can be found in Henri de Saint-Simon and his disciples, engineers and entrepreneurs such as Michel de Chevalier, and Barthélemy Prosper Enfantin, who developed channel networks, railroads, and the telegraphic network in France in the nineteenth century. In addition to the central piece written by Musso, the book includes a general introduction and six commentaries from experts on information technologies and networks. It displays a wide range of perspectives from a diverse set of authors in terms of nationalities and universities, as well as disciplinary backgrounds. (shrink)

The author challenges the view that birth cannot be a morally relevant fact in the process of development from zygote to child. He reviews specific arguments against giving any moral significance to the fact of birth. Drawing on recent work in developmental psychology, he contends that the lives of neonates can have a level of self-consciousness that confers moral significance but can only be possessed after birth. He shows that the position he has argued for provides a framework within which (...) the move from the moral validity of aborting sentient fetuses to the moral validity of infanticide might be resisted. He concludes that arguments suggesting that birth can be morally significant support the view that the acquisition of moral significance is a gradual and multilayered phenomenon. (shrink)

Este libro es un recorrido por los principales temas de la filosofía orteguiana al hilo de lo que fue el tema de su (nuestro) tiempo: la superación del idealismo. Un análisis textual pone de manifiesto el fracaso de esta superación, ya que aparecen un idealismo estético basado en a metáfora, ético, en el que sustituye la utopía del "deber ser" por el "tener que ser", gnoseológico, manteniendo el planteamiento dentro-fuera y, finalmente metafísico, donde el ser es caracterizado en términos de (...) "interpretación", "posición", "acción" y "resistencia". (shrink)