The aim of the paper is that of putting into question the dichotomy between fact-judgments and value judgments in the legal domain, with its epistemological presuppositions (descriptivist image of knowledge) and its methodological implications for legal knowledge (value freedom principle and neutrality thesis). The basic question that I will try to answer is whether and on what conditions strong ethical value-judgments belong within legal knowledge. I criticize the traditional positivist positions that have fully accepted the value-freedom principle and value-neutrality thesis, (...) but I also submit to critical scrutiny the new post-positivist views, that, even if they show interesting conceptual developments on the matter, end up, nevertheless, by presupposing the same epistemological image, while I call descriptivism. I stress that only by giving up descriptivism and accepting constructivism as a general image of knowledge is it possible to see the problem of value-ladenness of legal knowledge in a new light. On the basis of the constructivist image, I present two theses: firstly, at a much broader epistemological level, I advance the minimalist thesis on value-judgments, which simply removes the general ban on treating values as present within knowledge; secondly, I advance the strong thesis on legal value-judgments, which consists in arguing for the necessary presence of ethical value-judgments in legal knowledge. I draw, in the end, some important implications from acceptance of the strong thesis. One of these implications is a new distinction that replaces the traditional distinction between fact-judgments and value judgments, namely, the distinction between value-judgments exhibiting a cognitive function and value-judgments exhibiting a creative function. (shrink)

The aim of the paper is that of putting intoquestion the dichotomy between fact-judgments andvalue judgments in the legal domain, with its epistemologicalpresuppositions (descriptivist image of knowledge) andits methodological implications for legal knowledge (valuefreedom principle and neutrality thesis). The basicquestion that I will try to answer is whether and on whatconditions strong ethical value-judgments belong withinlegal knowledge.I criticize the traditional positivist positionsthat have fully accepted the value-freedom principle andvalue-neutrality thesis, but I also submit to critical scrutinythe new post-positivist views, that, (...) even if they showinteresting conceptual developments on the matter, end up,nevertheless, by presupposing the same epistemologicalimage, while I call descriptivism. I stress that only by giving updescriptivism and accepting constructivism as a generalimage of knowledge is it possible to see the problem ofvalue-ladenness of legal knowledge in a new light.On the basis of the constructivist image, I present two theses:firstly, at a much broader epistemological level, I advance theminimalist thesis on value-judgments, which simply removes thegeneral ban on treating values as present withinknowledge; secondly, I advance the strong thesis on legalvalue-judgments, which consists in arguing for thenecessary presence of ethical value-judgments in legal knowledge.I draw, in the end, some important implications from acceptanceof the strong thesis. One of these implications isa new distinction that replaces the traditional distinctionbetween fact-judgments and value judgments, namely, thedistinction between value-judgments exhibiting a cognitivefunction and value-judgments exhibiting a creativefunction. (shrink)

In this paper I put forward some arguments in defence of inclusive legal positivism . The general thesis that I defend is that inclusive positivism represents a more fruitful and interesting research program than that proposed by exclusive positivism . I introduce two arguments connected with legal interpretation in favour of my thesis. However, my opinion is that inclusive positivism does not sufficiently succeed in estranging itself from the more traditional legal positivist conceptions. This is the case, for instance, with (...) regard to the value-freedom principle, which is commonly accepted by inclusive positivist scholars. In contrast with this approach, I try to show, in the concluding section, how a constructivistic version of inclusive positivism could legitimately acknowledge the presence of value-judgments in the cognitive activities of jurists and legal theorists. (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; 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;} In this paper, first, I will try to give a conceptual definition of relativism, with the aim of singling out the basic elements common to the most relevant relativist conceptions. I will qualify as “relativistic” all conceptions (...) in which all or a relevant part of its criteria and beliefs necessarily depend on a given context. Secondly, I will deal with some critical observations against relativism. From this point of view, a problem arises from the fact that many relativists would like to have the chance ofexpressing some objective judgments. Lastly, I will propose a relativistic conception: one that doesn’t incorporate absolutist elements at all and nevertheless could be able to explain the presence of a common core of criteria and beliefs in all our conceptual schemes and beliefs. Two distinctions are important here: first, local conceptual schemes and long term frameworks, and second, environment and world. This last distinction makes possible to speak, even inside a coherent relativist epistemological conception, of the existence of an objective reality. (shrink)

Hannah Arendt was one of the foremost political thinkers of the twentieth century, and her particular interests have made her one of the most frequently cited thinkers of our time. This Companion examines the primary themes of her multi-faceted work, from her theory of totalitarianism and her controversial idea of the 'banality of evil' to her classic studies of political action and her final reflections on judgment and the life of the mind. Each essay examines the political, philosophical, and historical (...) concerns which shaped Arendt's thought, and which prompted her to become one of the most unapologetic champions of the political life in the history of Western thought. (shrink)

Background The 2020-2021 coronavirus (Covid-19) pandemic is just the latest epidemic event that requires us to rethink and change our understanding of health. Health should no longer be conceived only in relation to human beings, but in unitary terms, as a dimension that connects humans, animals, plants, and the environment (holistic view, One Health). In general, alterations occurring in this articulated chain of life trigger a domino effect. Methodology In this paper, we review the One Health paradigm in the light (...) of the Covid-19 pandemic and distinguish two approaches within it that might be dubbed the Prudent one and the Radical one. Each approach is structured in three levels – epistemological, medical, and ethical. Results In this way, we show how we humans can better address the pandemic today and how, in the future, we can treat the whole living system better, by renouncing our anthropocentric perspective on health. Conclusion We hold that the Prudent approach can be very helpful, and we discuss the medical and ethical issues related to it. We also consider the Radical view and the epistemological turn it requires compared to the Prudent one. (shrink)

The changing situation in South Africa and Eastern Europe prompts Charles Villa-Vicencio to investigate the implications of transforming liberation theology into a theology of reconstruction and nation-building. Such a transformation, he argues, requires theology to become an unambiguously interdisciplinary study. This book explores the encounter between theology, on the one hand, and constitutional writing, law-making, human rights, economics, and the freedom of conscience on the other. Placing his discussion in the context of the South African struggle, the author compares (...) this situation to that in Eastern Europe, and the challenge of what is happening in these situations is identified for contexts where "the empire has not yet crumbled.". (shrink)

The idea of social injustice is pivotal to much contemporary moral and political philosophy. Starting from a comprehensive and engaging account of the idea of social injustice, this book covers a whole range of issues, including distributive justice, exploitation, torture, moral motivations, democratic theory, voting behavior, and market socialism.

A new class of visuomotor neuron has been recently discovered in the monkey’s premotor cortex: mirror neurons. These neurons respond both when a particular action is performed by the recorded monkey and when the same action, performed by another individual, is observed. Mirror neurons appear to form a cortical system matching observation and execution of goal-related motor actions. Experimental evidence suggests that a similar matching system also exists in humans. What might be the functional role of this matching system? One (...) possible function is to enable an organism to detect certain mental states of observed conspecifics. This function might be part of, or a precursor to, a more general mind-reading ability. Two different accounts of mind-reading have been suggested. According to “theory theory‘, mental states are represented as inferred posits of a naive theory. According to “simulation theory‘, other people’s mental states are represented by adopting their perspective: by tracking or matching their states with resonant states of one’s own. The activity of mirror neurons, and the fact that observers undergo motor facilitation in the same muscular groups as those utilized by target agents, are findings that accord well with simulation theory but would not be predicted by theory theory. (shrink)

This article rejects the received view that Post-Truth is a new, unprecedented political phenomenon. By showing that Truth and Post-Truth share the same genesis, this article will submit the idea of a Consensus Theory of Post-Truth. Part 1 looks at the difference between Post-Truth, lies and bullshit. Part 2 suggests reasons behind the current preoccupation with Post-Truth. Part 3 focuses on Habermas’s influential consensus theory of truth to suggest that truth and Post-Truth have more in common than is generally assumed. (...) Part 4 puts forward the Consensus Theory of Post-Truth. Part 5 suggests three ways to emasculate the potentially destructive effect of Post-Truth on democratic society. (shrink)

This essay takes a critical look at the rubric “age of terror,” a rubric which has enjoyed a certain amount of theoretical and philosophical cachet in recent years. My argument begins by noting the continuity between this hypostatization and contemporary “war on terror” rhetoric, a continuity that is, in certain respects, ironic given the politics of the “age of terror” theorists. It then moves—via Machiavelli, Max Weber, and Hannah Arendt—to a consideration of the topics of state violence (on the one (...) hand) and totalitarian terror (on the other). I use Arendt’s theorization of totalitarian terror for a dual purpose: first, to emphasize the gap between totalitarian terror and the more familiar “terror as means”; second, to question the characterization of recent Islamic terrorism as totalitarian in essence. Arendt’s distinctions between violence, terror and totalitarian terror help us avoid the Schmittian logic installed by advocates of the “war on terror” and by a variety of writers anxious to identify a ill-defined and generic “totalitarianism” as the transhistorical and transcultural “other” of liberalism. Keywords : terror; islamic terrorism; Hannah Arendt; Max Weber; totalitarianism; “Age of Terror”; liberalism; Machiavelli; evil as policy (Published online: 25 August, 2008) Citation: Ethics & Global Politics 2008. DOI: 10.3402/egp.v1i3.1861. (shrink)

The current debate on why colonialism is wrong overlooks what is arguably the most discernible aspect of this particular historical injustice: its exreme violence. Through a critical analysis of the recent contributions by Lea Ypi, Margaret Moore and Laura Valentini, this article argues that the violence inflicted on the victims and survivors of colonialism reveals far more about the nature of this historical injustice than generally assumed. It is the arbitrary nature of the power relations between colonizers and the colonized (...) which is at the heart of the injustice of colonization, and violence was the way arbitrariness and domination was cemented. The example of colonialism in the Caribbean during the 16th and 17th centuries is used to expose the full extent of this historical injustice. (shrink)

El presente artículo tiene como objetivo principal hacer un análisis sobre cuál es el papel que tiene el uso de los dispositivos móviles en la apropiación de los diversos espacios de ciudad, dicho análisis se desarrolla al margen de la investigación sobre el desarrollo de una aplicación para dispositivos móviles que permita el correcto uso de los gimnasios al aire libre en la ciudad de Medellín – Colombia. Esta investigación fue apoyada por los entes nacionales COLCIENCIAS y COLDEPORTES y permitió (...) visualizar cómo los seres humanos han encontrado en sus “gadgets” una nueva forma de estar, sentir la ciudadanía y ser en la ciudad. La era de la información y la cultura de la conectividad, ha catalizado notablemente nuevas posibilidades para la comprensión del espacio público, la aprehensión y comprensión de la ciudad, la conformación de grupos y asociaciones en relación con gustos, actividades y luchas conjuntas, es decir, los dispositivos móviles se están consolidando como la ventana contemporánea, que permite ver, encontrarse y conocer la ciudad o cualquiera de sus actores, con la ventaja de estar siempre al alcance de la mano. (shrink)

PurposeStarting from the end‐to‐end principle, a founding element of the internet's technical architecture, the paper aims to discuss its extension and effects at the social level. It shows how the internet moves power from governments and private entities to individual citizens, restructuring our societies and creating a new global stakeholder class – individual users of the internet. It connects the advent of this stakeholder class with a traditional principle of internet governance, “rough consensus”. It discusses advantages and risks of this (...) change, suggesting that this shift of power might be beneficial to solve deadlocks in the governance of global phenomena and to ensure that solutions pursue the global public interest. Finally, it discusses how this social evolution can be protected from opposing forces, countering the opinion that the freedom of the internet is intrinsic and not needing regulatory supports.Design/methodology/approachThe paper builds upon observation of case studies, such as the struggle between the industry and users over peer‐to‐peer music downloads, and upon the author's first‐hand experience in global internet governance processes.FindingsThe paper formalizes a social expression of the end‐to‐end principle and demonstrates the need for such principle to be recognized and protected by regulation, to preserve the social model described in the paper and its benefits.Originality/valueThe paper explores the connections between the technical, economic and social architectures of the global network, providing support for understanding the political dynamics of the internet and other global phenomena, and for designing effective governance processes to address them. (shrink)

This study aimed at investigating depression, anxiety, and stress symptoms among healthcare workers and examine the role of expressive flexibility and context sensitivity as key components of resilience in understanding reported symptoms. We hypothesized a significant and different contribution of resilience components in explaining depression, anxiety, and stress. A total sample of 218 Italian healthcare workers participated in this study through an online survey during the lockdown, consequently to the COVID-19. The Depression Anxiety Stress Scales-21 was used to measure depression, (...) anxiety, and stress; the Flexible Regulation of Emotional Expression scale was used to measure the ability to enhance and suppress emotional expression; the Context Sensitivity Index was used to measure the ability to accurately perceive contextual cues and determine cue absence. Demographic and work-related data were also collected. DASS-21 cut-off scores were used to verify the mental status among the respondents. Correlational analyses examined relationships between DASS-21, FREE, and CSI, followed by three regression analyses with depression, anxiety, and stress as dependent variables, controlling for age, gender, and work experience. Enhancement and suppression abilities, cue presence, and cue absence served as independent variables. The results showed a prevalence of moderate to extremely severe symptoms of 8% for depression, 9.8% for anxiety, and 8.9% for stress. Results of correlational analysis highlighted that enhance ability was inversely associated with depression and stress. Suppression ability was inversely associated with depression, anxiety, and stress. The ability to perceive contextual cues was inversely associated with depression and anxiety. The regression analysis showed that the ability to enhance emotional expression was statistically significant to explain depression among healthcare workers. In predicting anxiety, age, and the ability to accurately perceive contextual cues and determine cue absence made substantial contributions as predictors. In the last regression model, age, work experience, and the ability to suppress emotional expression were significant predictors of stress. This study’s findings can help understand the specific contributions of enhancement and suppression abilities and sensitivity to stressor context cues in predicting depression, anxiety, and stress among healthcare workers. Psychological interventions to prevent burnout should consider these relationships. (shrink)

Concepts are the elementary units of reason and linguistic meaning. They are conventional and relatively stable. As such, they must somehow be the result of neural activity in the brain. The questions are: Where? and How? A common philosophical position is that all concepts—even concepts about action and perception—are symbolic and abstract, and therefore must be implemented outside the brain’s sensory-motor system. We will argue against this position using (1) neuroscientific evidence; (2) results from neural computation; and (3) results about (...) the nature of concepts from cognitive linguistics. We will propose that the sensory-motor system has the right kind of structure to characterise both sensory-motor and more abstract concepts. Central to this picture are the neural theory of language and the theory of cogs, according to which, brain structures in the sensory-motor regions are exploited to characterise the so-called “abstract” concepts that constitute the meanings of grammatical constructions and general inference patterns. (shrink)

In this article we provide a unifying neural hypothesis on how individuals understand the actions and emotions of others. Our main claim is that the fundamental mechanism at the basis of the experiential understanding of others' actions is the activation of the mirror neuron system. A similar mechanism, but involving the activation of viscero-motor centers, underlies the experiential understanding of the emotions of others.

abstract Much of the literature on torture in recent years takes the position of denouncing the barbarity of torture, while allowing for exceptions to this veto in extreme circumstances. The ticking‐bomb argument, where a terrorist is tortured in order to extract information of a primed bomb located in a civilian area, is often invoked as one of those extreme circumstances where torture becomes justified. As the War on Terrorism intensifies, the ticking‐bomb argument has become the dominant line of reasoning used (...) by both academics and policy advisers to justify a legalized, state‐sponsored program of torture. This paper argues for the unconditional refutation of any attempt to justify torture, without exceptions. We argue against the consequentialist reasoning of the ticking‐bomb argument not from a deontological position, but on consequentialist grounds. Empirical evidence suggests that the institutionalization of torture practices creates serious problems. Torture interrogation fails to fulfil its initial purpose as a low‐cost life saver, while its long‐term potential is the devastation of democratic institutions. (shrink)

My initial scope will be limited: starting from a neurobiological standpoint, I will analyse how actions are possibly represented and understood. The main aim of my arguments will be to show that, far from being exclusively dependent upon mentalistic/linguistic abilities, the capacity for understanding others as intentional agents is deeply grounded in the relational nature of action. Action is relational, and the relation holds both between the agent and the object target of the action , as between the agent of (...) the action and his/her observer . Agency constitutes a key issue for the understanding of intersubjectivity and for explaining how individuals can interpret their social world. This account of intersubjectivity, founded on the empirical findings of neuroscientific investigation, will be discussed and put in relation with a classical tenet of phenomenology: empathy. I will provide an 'enlarged' account of empathy that will be defined by means of a new conceptual tool: the shared manifold of intersubjectivity. (shrink)

War crimes are being committed in Ukraine today, but who should be held responsible? By looking at the literature on responsibility and violence by Philippa Foot and John Harris, this article argues that there are grounds for holding Vladimir Putin responsible for war crimes in Ukraine, even if he did not give the command for these crimes and other atrocities to be carried out.

The principle of non-maleficence, primum non nocere, has deep roots in the history of moral philosophy, being endorsed by John Stuart Mill, W. D. Ross, H. L. A. Hart, Karl Popper and Bernard Gert. And yet, this principle is virtually absent from current debates on social justice. This article suggests that non-maleficence is more than a moral principle; it is also a principle of social justice. Part I looks at the origins of non-maleficence as a principle of ethics, and medical (...) ethics in particular. Part II introduces the idea of non-maleficence as a principle of social justice. Parts III and IV define the principle of justice as non-maleficence in terms of its scope and coherence, while Part V argues that the motivation of not doing harm makes this principle an alternative to two well-established paradigms in the literature on social justice: justice as mutual advantage (David Gauthier) and justice as impartiality (Brian Barry). (shrink)