Contentivo de las memorias del "III Seminario de Filosofía y Derecho Contemporáneo", en homenaje al profesor Günther Jakobs, en el cual se analizan algunos de los componentes del derecho penal al tenor de la filosofía del derecho. Esta obra retoma los conceptos de Günther Jakobs, Jaime Bernal Cuéllar, Manuel Cancio Meliá y Teresa Manso Porto, entre otros.

A diferencia de todos los demás sistemas de imputación, Jakobs ubica el acento de la relevancia jurídico-penal del hecho en su significado normativo, como algo que trasciende la mera causalidad exterior y la finalidad del autor, de manera que lo decisivo para la imputación jurídico-penal no es ni lo psíquicoreal querido por el autor, ni la causalidad desplegada por su conducta, sino el significado normativo de esa conducta como la expresión de un sentido objetivo de desautorización de la vigencia de (...) la norma en un determinado contexto social. (shrink)

In their article, “Rare Disease, Advocacy and Justice: Intersecting Disparities in Research and Clinical Care,” Halley et al. (2023) use three case examples to describe challenges patients with rar...

The multi-disciplinary unit Social Responsibility in Action was developed for students with an interest in ethics who were completing undergraduate degrees in Arts, Commerce, Design or Science at an Australian research-intensive university. The academic objectives of this unit were to increase student awareness, knowledge, understanding and critical thinking skills related to various ethical issues. Lecturers from five disciplines collaborated in the design and delivery of SRA, which comprised lectures, tutorials and a research-based project. Anonymous surveys were administered at the start (...) and end of the semester to obtain feedback on student expectations and learning experience, respectively. Data across three student cohorts showed that at the start of semester, 80% of student comments indicated a desire to expand their interest of ethical matters, 59% a desire to gain understanding and knowledge and 59% to gain critical thinking or communication skills. SRA was extremely well received by students, with 98% of respondents indicating that this multi-disciplinary ethics unit had met their expectations. Students also found that the variety of teaching styles, unit content and multi-disciplinary approach stimulated learning. (shrink)

The feminist in academe, says Paula Bennett, is like Procne married to Tereus, "inextricably wedded to the sources of her harm." An ethical justification of academic feminism can be found, not in cooperation and affiliation, but in the strategies currently necessary to ensure curricular and cultural diversity. Historically contextualized and strategically politicized, this ethic is founded on the claim that universities are places where we may all learn to know what is other than ourselves.

In writing about `whiteness' we are trying to enact a `way of talking' that draws in part on Aboriginal ideas about how to conduct a conversation or tell a story. We also use Homi Bhabha's ideas of `third space' (an `interruptive, interrogative, and enunciative' space) and hybridity as a related way to think through the problems of essentializing binaries and rigid identities. In Aboriginal cultures in Australia and Canada, rather than adopting the `neutral' or `objective' stance common in the academy, (...) it is customary to introduce oneself to one's audience, providing a context to assist in interpretation and exchange. Without such an introduction, real stories cannot be told and productive conversations cannot happen. We thus begin our conversation with each other and with you by examining our personal relationship to the idea of whiteness in order to reveal some of its complexity in Canada and Australia. `Whiteness' as an abstraction has proved useful in moving the invisible norm to visibility, but we show how an awareness of `whiteness' in the two locations can be recuperated to re-privilege the already privileged. Aboriginal speakers and writers have theorized `whiteness', in many cases from outside the academy, in the process `hybridizing' traditional genres. For many of them, Aboriginality, like whiteness, is a construct that often stands in the way of thinking clearly about where to go next in the fight against racism. (shrink)

This conceptual review seeks to reframe the view of academic integrity as something to be enforced to an academic skill that needs to be developed. The authors highlight how practices within academia create an environment where feelings of inadequacy thrive, leading to behaviours of unintentional academic misconduct. Importantly, this review includes practical suggestions to help educators and higher education institutions support doctoral students’ academic integrity skills. In particular, the authors highlight the importance of explicit academic integrity instruction, support for the (...) development of academic literacy skills, and changes in supervisory practices that encourage student and supervisor reflexivity. Therefore, this review argues that, through the use of these practical strategies, academia can become a space where a culture of academic integrity can flourish. (shrink)

Some ethicists assert that there is a consensus that maximising medical outcomes takes precedence as a principle of resource allocation in emergency triage of absolutely scarce resources. But the nature of the current severe acute respiratory syndrome-related coronavirus 2 pandemic and the history of debate about balancing equity and efficiency in resource allocation do not support this assertion. I distinguish a number of concerns with justice and balancing considerations that should play a role in critical care triage policy, focusing on (...) discrimination and on fundamental egalitarian and social justice concerns. (shrink)

In Canada, laws and policies consistently reject the commodification of human organs and tissues, and Canadian practice is consistent with international standards in this regard. Until the Assisted Human Reproduction Act of 2004, gamete donation in Canada was an exception: Canadians could pay and be paid open market rates for gametes for use in in vitro fertilization. As sections of the AHR Act forbidding payment for gametes and permitting only reimbursement of receipted expenses gradually came into effect in 2005, Canada (...) did away with this anomaly. Medical practice and legal prohibitions in assisted human reproduction are now consistent with other areas of medicine where tissues and organs are taken from one person to benefit others: Altruistic donation, rather than selling and buying, will be the norm. (shrink)

The interrogation of Meletus in the Apology at 24c4–28al is not infrequently seen as a typical case of all that is intellectually and artistically dissatisfying in Plato's practice of the genre of philosophical dialogue: not only are we presented with a philosopher who makes some claim to being committed to setting a particularly stringent standard for honesty in argumentation making sophistical arguments, but we are presented also with a cardboard interlocutor who is forced by the hand of Plato to acquiesce (...) to those arguments in a fashion that is completely dissatisfying to the reader. The best anyone seems to do to save Plato from these charges of artistic incompetence and intellectual dishonesty is to appeal to such a level of historical accuracy for the text that the stupidity of Meletus' responses can be attributed to the stupidity of Meletus himself, or to point out features of the political and legal situation that might prevent Meletus from answering the questions by drawing on his true motivation—which is presumably more coherent. Taylor says of this passage:The humour of the situation is that the prosecutor cannot venture to say what he means by either of his charges without betraying the fact that, owing to the ‘amnesty’, the matters complained of are outside of the competency of the court… Hence, when Meletus is pressed to explain what he means, he has to take refuge in puerile nonsense. (shrink)

Are the small and indolent cancers found in abundance in cancer screening normal variations, risk factors, or disease? Naturalists in philosophy of medicine turn to pathophysiological findings to decide such questions objectively. To understand the role of pathophysiological findings in disease definition, we must understand how they mislead in diagnostic reasoning. Participants on all sides of the definition of disease debate attempt to secure objectivity via reductionism. These reductivist routes to objectivity are inconsistent with the Bayesian nature of clinical reasoning; (...) when they appeal to the sciences, they are inconsistent with what philosophy of biology tells us about its natural kinds. Proposals that we narrow the scope of our claims in the disease definition debates are useful, but paradigms can still distort our reasoning in particular cases, even when we are self-conscious about their status. (shrink)

The seriousness of the risk that healthcare workers faced during SARS, and their response of service in the face of this risk, brings to light unrealistic assumptions about duty and risk that informed the debate on duty to care in the early years of HIV/AIDS. Duty to care is not based upon particular virtues of the health professions, but arises from social reflection on what response to an epidemic would be consistent with our values and our needs, recognizing our shared (...) vulnerability to disease and death. Such reflection underwrites a strong duty of care, but one not to be borne solely by the altruism and heroism of individual healthcare workers. (shrink)

PurposeSocial exclusion as a result of gender, race, and class inequality is perhaps one of the most pressing challenges associated with the development of a diverse information technology workforce. Women remain under represented in the IT workforce and college majors that prepare students for IT careers. Research on the under representation of women in IT typically assumes women to be homogeneous in nature, something that blinds the research to variation that exists among women. This paper aims to address these issues.Design/methodology/approachThe (...) paper challenges the assumption of heterogeneity by investigating how the intersection of gender, race, and class identities shape the experiences of Black female IT workers and learners in the USA.FindingsThe results of this meta‐analysis offer new ways of theorizing that provide nuanced understanding of social exclusion and varied emancipatory practices in reaction to shared group exposure to oppression.Originality/valueThis study on the under‐representation of women as IT workers and learners in the USA considers race and class as equally important factors for understanding variation among women. In addition, this paper provides rich insights into the experiences of Black women, a group that is largely absent from the research on gender and IT. (shrink)

The interrogation of Meletus in the Apology at 24c4–28al is not infrequently seen as a typical case of all that is intellectually and artistically dissatisfying in Plato's practice of the genre of philosophical dialogue: not only are we presented with a philosopher who makes some claim to being committed to setting a particularly stringent standard for honesty in argumentation making sophistical arguments, but we are presented also with a cardboard interlocutor who is forced by the hand of Plato to acquiesce (...) to those arguments in a fashion that is completely dissatisfying to the reader. The best anyone seems to do to save Plato from these charges of artistic incompetence and intellectual dishonesty is to appeal to such a level of historical accuracy for the text that the stupidity of Meletus' responses can be attributed to the stupidity of Meletus himself, or to point out features of the political and legal situation that might prevent Meletus from answering the questions by drawing on his true motivation—which is presumably more coherent. Taylor says of this passage: The humour of the situation is that the prosecutor cannot venture to say what he means by either of his charges without betraying the fact that, owing to the ‘amnesty’, the matters complained of are outside of the competency of the court… Hence, when Meletus is pressed to explain what he means, he has to take refuge in puerile nonsense. (shrink)

Some argue that the concept of medical need is inadequate to inform the design of a universal health care system—particularly an institutional rather than a residual system. They argue that the concept contradicts the idea of comprehensiveness; leads to unsustainable expenditures; is too indeterminate for policy; and supports only a prioritarian distribution. I argue that ‘comprehensive’ understood as ‘including the full continuum of care’ and ‘medically necessary’ understood as ‘prioritized by medical criteria’ are not contradictory, and that UHC is a (...) solution to the problem of sustainability, not its cause. Those who criticize ‘medical need’ for indeterminacy are not transparent about the source of their commitment to their standards of determinacy: they promote standards that are higher than is necessary for legitimate policy, ignoring opportunity costs. Furthermore, the indeterminacy of concepts affects all risk-sharing systems and all systems that rely on medical standard of care. I then argue that the concept of need in itself does not imply a minimal sufficientist standard or a prioritarian distribution; neither does the idea of legitimate public policy dictate that public services be minimalist. The policy choice for a system of health care that is comprehensive and offers as good care as can be achieved when delivered on equal terms and conditions for all is a coherent option. (shrink)

Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...) purposes to generate algorithms constructed from large data sets containing thousands of correctly coded observations. The fact that ghost workers are treated as consumers distorts the basic logic of the employment relationship, effectively placing the worker-as-consumer in the worst of both worlds, in which they hold the legal rights of neither group. This puts them in a regulatory limbo position in which they have little or no protection, control, or guarantee of return on investment. This is because the platforms that facilitate ghost work have orchestrated a three-way virtual relationship that absolves all parties of responsibility, while placing nearly all the risks and opportunity costs squarely on the shoulders of the workers. As a result, we believe such a work arrangement as it stands, does not uphold basic standards of Rawlsian justice as fairness. (shrink)

En esta breve reflexión nos centraremos en dos aspectos de la frase poética, el primero es el ritmo y el segundo, la metáfora. Nos referiremos al ritmo como imagen, musicalidad y sentido que trasciende la métrica, y a la metáfora como figura de pensamiento y vehículo para ingresar en una nueva percepción del mundo. El análisis de estos dos elementos propicia un acercamiento hermenéutico al poema como un devenir.

Temkin asks how we should distribute resources between the social determinants of health and health care; Sreenivasan argues that if our goal is fair opportunity, funding universal health coverage is the wrong policy. He argues that social equality in health has not improved under UHC and concludes that fair opportunity would be better served by using the resources to address the SDOH instead. His criticism applies more broadly than he claims: it applies to any argument for UHC based on health (...) equity. However, neither his strong causal conclusion nor his stark policy proposal is justified. I review methodological challenges for establishing the relative causal contributions of health care and social policy, concluding that we may never have a robust causal account to support a consequentialist choice. Fortunately, we may not need to answer the allocation question as a dichotomy. Given what Sen calls the multidimensional nature of health equity and the role of UHC in cost containment, UHC may not be a threat to health equity. I also argue against Sreenivasan's claim that the data he discusses should not trouble sufficientists and prioritarians. The worst-off are not simply lagging in improvement; rather, their health status is stagnating or worsening. (shrink)

Verweij and Dawson claim that population health has a distributive dimension; Coggon argues that this presupposes a normative commitment to equity in the very definition of population health, which should, rather, be neutral. I describe possible sources of the distributive view, several of which do not presuppose egalitarian commitments. Two relate to the nature of health as a property of individuals ; two relate to the epistemology and pragmatics of public and population health. A fifth source of the distributive view (...) is a critical stance on the concept of population health; I contrast this with Coggon’s account of the public as a shared political imaginary. None of these views is ‘neutral’: they exhibit several different kinds of normativity and quasi-normativity, but this is not problematic. I argue that the critical stance appropriately distinguishes and relates social justice and public health. (shrink)

Critiques of Knowing explores what happens to science and computing when we think of them as texts. Lynette Hunter elegantly weaves together such vast areas of thought as rhetoric, politics, AI, computing, feminism, science studies, aesthetics and epistemology. This book shows us that what we need is a radical shake-up of approaches to the arts if the critiques of science and computing are to come to any fruition.

_Critiques of Knowing_ explores what happens to science and computing when we think of them as texts. Lynette Hunter elegantly weaves together vast areas of thought: rhetoric, politics, AI, computing, feminism, science studies, aesthetics and epistemology. _Critiques of Knowing_ shows us that what we need is a radical shake-up of approaches to the arts if the critiques of science and computing are to come to any fruition.

La grabación con teléfonos móviles de las masivas movilizaciones estudiantiles del año 2011 y del terremoto-tsunami del 27 de febrero de 2010 en Chile, y la divulgación de estos acontecimientos por Internet -especialmente a través de imágenes de YouTube-, permite la reflexión sobre la incorporación de las Tecnologías de la Información y las Comunicaciones (TICs) a los procesos de registro de memorias. En este caso se toma como referencia el imaginario “marino” de la navegación en el ciberespacio, con los respectivos (...) campos semánticos que ofrece la metáfora de una “sociedad líquida”. En este contexto se aborda la utilización del patrimonio digital -el acervo virtual y universal de imágenes- como fuente de memorias y de vestigios históricos: mensajes aislados, registrados por individuos y colectivos, que componen un archipiélago de culturas. (shrink)

Resumen Debido a la polisemia que la complejidad exhibe, se pretenden exponer las distintas posturas, definiciones, descripciones y debates acerca de esta, a la luz de lo descrito por Carlos Maldonado, Edgar Morin, Ilya Progogine, Murray Gell-Mann, Leonardo Rodríguez y Julio Aguirre, quienes comportan un principio dialógico y translúcido, que integraría la lógica clásica teniendo en cuenta sus límites de facto y de jure, que además llevaría en sí el principio de la Unitas Multiplex, que escapa a la unidad abstracta (...) por lo alto y por lo bajo. Luego de la presentación de las posturas de los autores mencionados se pasa a describir los encuentros y desencuentros que de estos aparecen sobre este concepto; y finalizar al proponer una definición y caracterización personal de la complejidad.Due to the polysemy of Complexity, it is intended to expose different postures, definitions, descriptions and debates about It, in the light of what was described by Carlos Maldonado, Edgar Morin, Ilya Prigogine, Murray Gell-Mann, Leonardo Rodríguez and Julio Aguirre. For them it implies a dialogical and translucent principle that would integrate classical logic considering its de facto and de jure limits, and that in addition would take in himself the principle of Unitas Multiplex that escapes to the abstract unity by the high and by the low. After the presentation of the positions of the mentioned authors the paper goes on to describe encounters and disagreements about this concept finally proposing a definition and characterization of complexity. (shrink)

Resumen Debido a la polisemia que la complejidad exhibe, se pretenden exponer las distintas posturas, definiciones, descripciones y debates acerca de esta, a la luz de lo descrito por Carlos Maldonado, Edgar Morin, Ilya Progogine, Murray Gell-Mann, Leonardo Rodríguez y Julio Aguirre, quienes comportan un principio dialógico y translúcido, que integraría la lógica clásica teniendo en cuenta sus límites de facto y de jure, que además llevaría en sí el principio de la Unitas Multiplex, que escapa a la unidad abstracta (...) por lo alto y por lo bajo. Luego de la presentación de las posturas de los autores mencionados se pasa a describir los encuentros y desencuentros que de estos aparecen sobre este concepto; y finalizar al proponer una definición y caracterización personal de la complejidad.Due to the polysemy of Complexity, it is intended to expose different postures, definitions, descriptions and debates about It, in the light of what was described by Carlos Maldonado, Edgar Morin, Ilya Prigogine, Murray Gell-Mann, Leonardo Rodríguez and Julio Aguirre. For them it implies a dialogical and translucent principle that would integrate classical logic considering its de facto and de jure limits, and that in addition would take in himself the principle of Unitas Multiplex that escapes to the abstract unity by the high and by the low. After the presentation of the positions of the mentioned authors the paper goes on to describe encounters and disagreements about this concept finally proposing a definition and characterization of complexity. (shrink)

El cóndor es una presencia común que vuela y se posa en nuestro territorio mental, como parte de esa memoria simbólica que se alimenta por generaciones a través del relato oral. Estas imágenes –visuales y orales- se nos reiteran en el tiempo desde el relato inmemorial hasta las redes de comunicación del siglo XXI. En ese contexto, el cóndor -más como símbolo que como patrimonio natural tangible- concita una afinidad de miradas y de identificaciones adquiridas, que convergen en las piedras, (...) las cavernas, los ritos, los objetos utilitarios, la heráldica, la numismática, la filatelia, los productos de consumo, las imágenes en el ciberespacio: del ave sagrada, a la institucional ave nacional; de la sordidez de la Operación Cóndor al cómic representado por Condorito. En el humor y en el horror. En la reverencia y la irreverencia. En la cotidianidad. En la atmósfera cultural, el cóndor es parte de la «respiración» del imaginario común. (shrink)

La reconstrucción de la cotidianidad en la prisión política, a partir de casos de violaciones a los DD.HH. en Chile y Uruguay, supone recurrir a la memoria --con su pluralidad, diversidad y vacilaciones-- como la principal fuente de conocimiento que contribuye a recrear y a resignificar los espacios evocados. Entendiendo la realidad y la memoria que la reconstruye como construcciones sociales, que incluyen el conocimiento de sentido común, el texto advierte sobre los procesos de transferencias y deformaciones presentes en los (...) testimonios ilustrando esto con la presencia del imaginario del Holocausto en los testimonios de prisión política del cono sur de América Latina. The reconstruction of everyday life for political prisoners, starting with the cases of violations of Human Rights in Chile and Uruguay, supposedly occurs in the memory-with its plurality, diversity and hesitations-as the principle area of understanding that contributes to recreating and reassigning those images evoked. Knowing the reality and the memory that reconstruct them as social constructs, including the realizations of common sense, the text warns against the process of transfers and deformations present in the testimonies illustrating this with the presence of the Holocaust imaginary in the testimonies of political prisoners in the Southern Cone of Latin America. (shrink)

I discuss some reservations about the exegetical power of the claim that the Tractatus is “anti-metaphysical.” The “resolute” reading has the virtue of fidelity to important and neglected features of the work, both its anti-metaphysical moves and its account of the nature of the activity of philosophy and its status. However, its proponents underestimate the barriers to maintaining a consistent fidelity to these features of the text. The image of a ladder suggests a mere instrumental means to arrive at a (...) place that can itself be characterized independently of our means of arrival; where we arrive via the process of the TLP is the conclusion of an argument, and so cannot be characterized independently of the argument that got us there. In his commitments about the process of logical analysis “within language,” he strives as much as in his statements about the world to return us to our ordinary ways of talking and making sense of what we say to one another. Given the internal relationship Wittgenstein is at pains to emphasize between language, thought, and reality, he could hardly have philosophical commitments about one of these terms (have a residual metaphysics of language) and isolate this from how he thinks about the others. In a discussion of “Senator, you’re no Jack Kennedy” and “Chairman Mao is rare,” I argue that, pace Conant and Diamond’s claims to the contrary, logical categories are being invoked to explain why one cannot mean what one thinks one means in this phrase, and that Wittgenstein is both more anti-metaphysical in his treatment of these logical categories (in contrast with Frege) than the resolute readers consider him to be, and less successful in his treatment of how logical categories rule our judgments of sense and nonsense than they imply he is. Finally, I question the sharp boundary between logic and psychology and the “claustrophobic” feel that is created by a narrow construal of what one can make sense of in another’s words and person that underwrites their account of nonsense via a conflict between the meaning words can contain and our confused desires. Throughout, I discuss relevant passages of the Investigations that resolute readers treat as a re-expression of the themes of the Tractatus, to contrast the “anti-metaphysical” treatment these themes express in the Tractatus with the less dogmatic treatment they receive in the Investigations. (shrink)