In the last decades, proportionality has become increasingly influential in human rights adjudication. Even in the United States, a country with its own tradition of constitutional review, proporti...

David Estlund and Massimo Renzo argue that, given the right background conditions, combatants are obligated to obey orders to fight in unjust wars, a thesis they put forward even as they recognize that this involves committing serious moral wrongs. Their views, then, fall between traditionalism and revisionism in the theory of just war. We argue that both Estlund and Renzo fail to adequately distinguish between binding and nonbinding serious morally wrong orders, that their views are incompatible with their assumed fact‐relative (...) understanding of morality, and that they fail to establish that combatants are obligated to obey orders to fight in unjust wars. We conclude that just as untenable as these two middle‐ground positions is the traditionalist view. (shrink)

In “Pre-Conventions. A Fragment of the Background”, Celano argues that there are ways of acting that can be called “conventions” which are, literally, normative facts. There are a number of interesting claims in Celano’s paper about the nature of these conventions, and showing that they amount to normative facts is only part of his strategy for establishing their significance. But given that the question of whether there are normative facts deserves a treatment of its own, the paper inquires whether Celano’s (...) account of normative facts is plausible. It then makes three claims. First, it claims that Celano’s account of normative facts is in need of clarification. Amongst other reasons, there is no proper characterisation of either the concept of fact or of the concept of norm. Second, the paper claims that, under a relatively acceptable way of understanding facts and norms, Celano’s argument in favour of normative facts needs to be completed. But if the argument is completed by appealing to the general philosophical outlook which Celano seems inclined to employ, the argument reaches a point where it becomes unstable. This does not, of course, mean that the project should be abandoned. An argument within the same line of thought may be available. But the prospect seems uninviting. So, thirdly, the paper proposes a sketch of an alternative, Kantian-like conception of normative facts based on an argument put forward by Christine Korsgaard. (shrink)

Yitzhak Benbaji argues that those combatants who have agreed to blindly obey their superiors and who are ordered to fight in unjust wars are released from their duty to deliberate about the merits of the acts that they are ordered to perform. This is because their agreements result in the combatants’ permissible lack of a necessary capacity for moral responsibility. Thus, the combatants are not morally responsible for their wrongful acts—their moral responsibility is “transferred” to their superiors. We argue, first, (...) that Benbaji’s own reasoning suggests that the agreements entered into between the combatants and their superiors are not binding and, second, that even if such agreements are binding, those combatants who obey their orders to fight are nevertheless morally responsible for their wrongful acts. Thus, Benbaji has failed to show that the combatants are permitted to act as ordered. By critically examining Benbaji’s view, then, we defend the revisionist position that just and unjust combatants are morally unequal. (shrink)

We ascribe the performance of intentional actions to groups. We claim, for instance, that the orchestra is playing a symphony, that a gang has robbed a bank, and so on. But what is a collective intentional action? Most accounts suggest that, for there to be a collective intentional action, at least two necessary conditions should be met. First, participants must act in accordance with, and because of, the intentions that the group perform a certain action. Second, there must be common (...) knowledge. These accounts, however, face two difficulties. On the one hand, they are uninformatively circular, for they employ in the analysis the very notion of group-action that they are trying to elucidate. On the other hand, they are too demanding, for there are cases of collective intentional action where neither of the conditions is met. The article proposes, by developing further an account put forward by Christopher Kutz, a model of collective intentional actions that overcomes these two problems. It also suggests why such a model is important for our understanding of the law. (shrink)

The literature on deep brain stimulation (DBS) and adaptive DBS (aDBS) raises concerns that these technologies may affect personality, mood, and behavior. We conducted semi-structured interviews with researchers (n = 23) involved in developing next-generation DBS systems, exploring their perspectives on ethics and policy topics including whether DBS/aDBS can cause such changes. The majority of researchers reported being aware of personality, mood, or behavioral (PMB) changes in recipients of DBS/aDBS. Researchers offered varying estimates of the frequency of PMB changes. A (...) smaller majority reported changes in personality specifically. Some expressed reservations about the scientific status of the term ‘personality,’ while others used it freely. Most researchers discussed negative PMB changes, but a majority said that DBS/aDBS can also result in positive changes. Several researchers viewed positive PMB changes as part of the therapeutic goal in psychiatric applications of DBS/aDBS. Finally, several discussed potential causes of PMB changes other than the device itself. (shrink)

Drawing on sixteenth-century Protestant discourse on marriage and sexuality, this essay examines the anxieties permeating Spenser’s two poetical celebrations of his courtship and wedding with Elizabeth Boyle. Though the Reformers’ departure from Rome included an embrace of clerical marriage and an advocacy for the virtues of companionate marriage, revulsion at the sinfulness of sex remained. Through the sonnets of the Amoretti and the stanzas of the Epithalamion, an idea of mutual love is disrupted by a Protestant-tinged sense of innate and (...) pervasive depravity. Special attention is given to sonnets #58 and #84, and to the Epithalamion passages on Maia and Alcema. (shrink)

University students will be our future business leaders, and will have to address social problems caused by business by implementing solutions such as social entrepreneurship ventures. In order to facilitate the learning process that will foster social entrepreneurship, however, a more holistic pedagogy is needed. Based on learning theory, we propose that students’ social entrepreneurship actions will depend on their learning about CSR and their absorptive capacity. We propose that instructors and higher education institutions can enhance this absorptive capacity by (...) exploiting Web 2.0 technologies. We tested our proposition with a sample of 425 university students using structural equation modeling and found support for the proposed relationships. (shrink)

Adult learners demand teaching innovations that are ever more rapid and attractive. As a response to these demands and the challenges of skills training, this article presents a conceptual analysis that introduces competitive debate as an impact training model. The aim is to learn whether debate can be considered to fall within the frame of gamification, so that the full potential of debate as gamification can be exploited. There is a significant research gap regarding competitive debate as a game, with (...) the training mechanics for adult learners remaining practically unexplored. Through a conceptual analysis of game, game experience, and gamification, and their respective characteristics, we conclude that competitive debate is an ideal instrument for gamification. (shrink)

En diciembre del 2019, en la provincia de Wuhan, China, se describió una nueva enfermedad respiratoria, aguda y potencialmente letal, causada por un coronavirus. A esta enfermedad se le denominó Covid-19. En México, la mortalidad por esta enfermedad es elevada y un porcentaje importante de los enfemos muere en los hospitales. Por ahora no existe en México un protocolo específico en el sistema de salud tanto público como privado, para que las familias puedan decirle adiós a los enfermos con Covid-19. (...) Un panel de expertos en cuidados paliativos y bioética proponen uno, para que pueda servir como referencia en cada unidad de salud de nuestro país. (shrink)

El presente artículo da cuenta de una instancia de trabajo colectivo con profesores y profesoras de aula, el “Taller de Educadores Autores” (TEA), que tiene como propósito rastrear el proceso de construcción de nuevas subjetividades docentes que permitan dar cuenta de las actuales condiciones en que es desempeñada la docencia, así como proponer otras formas de ser docente. A través del Taller, los profesores y profesoras problematizan acerca de los significados y sentidos de su trabajo por medio de la escritura (...) de relatos de experiencias. En primer lugar, se situará el proceso de trabajo y subjetividad docente en el Chile actual. Luego, se explicitarán algunos aspectos fundamentales de los procedimientos y la metodología que orientó el proceso colectivo de indagación del TEA. Finalmente, se presentarán los principales hallazgos y resultados extraídos del análisis de las sesiones del proceso indagatorio. (shrink)

ABSTRACT The objective of this study was to determine the accuracy of a brief informed consent quiz to detect consent comprehension in individuals with cognitive impairment and to explore the degree to which cognitive domains and recent substance use, independently, predict comprehension. We performed a secondary analysis of two cross-sectional studies in individuals with substance use disorders. The ICQ total score was used as the index test and the Montreal Cognitive Assessment as reference standard in receiver operating characteristic curves. Two (...) independent multiple binary logistic regression models were performed using cognitive domains and days of recent substance use as predictors of ICQ outcome. We analyzed data from 215 and 251 participants, respectively. The ICQ showed moderate accuracy for major cognitive impairment and lower accuracy for mild impairment. Optimal cutoff score was set at 10 points or less for detecting comprehension difficulty. Lower scores in Short-Term Memory, Attention, Language, and Orientation increased the probability of failing the ICQ. A procedure including both the ICQ and cognitive screening measure could improve the accuracy of consent comprehension assessments. (shrink)

Introduction Currently, The nature and scope of Clinical Ethics Protocols in Madrid are not well understood.Objectives The main objective is to describe the features of ‘guideline/recommendation’ type CEPs that have been or are being developed by existing Clinical Ethics Committees in Madrid. Secondary objectives include characterisation of those CECs that have been the most prolific in reference to CEP creation and implementation and identification of any trends in future CEP development.Methods We collected CEPs produced and in process by CECs accredited (...) in the public hospitals in Madrid, Spain, from 1996 to 2008.Results CECs developed 30 CEPs, with 10 more in process. The most common topic is refusal of treatment . If CEPs addressing terminal illness, Do-Not-Resuscitate orders and advance directives are placed into a separate ‘ethical problems at the end of life’ category, this CEP subject emerges as the most common . There is a relationship between the age of the CEC and the development of CEPs . CECs now seem to be more likely to engage in CEP development.Conclusions The CECs in Madrid, Spain, have developed a significant number of CEPs and there is a trend towards continued development. The most frequent topics are ethical problems at the end of life and refusal of treatment by the patient. (shrink)

This study analyses the emotional exhaustion of students inhigher education, derived from the extremely technology-relatedstrain associated to the current COVID-19 pandemic in a conservation of resources’ approach. Technostress, as source of emotional exhaustion, was investigated in a sample of 333 students in a medium size public university in Spain. Data was collected in May 2020, during the COVID lockdown. After literature review, a structural model was developed, linking technostress with emotional exhaustion. Results confirm the expected cause-effect relationships. In addition, the (...) study reveals two mediator variables that must be considered when managing students′ suffering, perceived stress and intrapersonal conflicts. This study contributes to the academic literature in the field of managing and mitigating suffering. They do so by providing both new knowledge and empirical evidence on the effects of technostress in the new generations that will soon join the working life. (shrink)

Deleuze e Guattari entendem as idéias de Ética e Moral como movimentos produtores de realidade psicossocial ou sentidos de produção da vida psicossocial. Buscamos entender como os modos de funcionamento psicossociais produzem sentidos e podem ser captados nas práticas psicossociais éticas e morais. Nossa intenção é demonstrar, a partir da literatura kafkiana, os modos de subjetivação ética e moral.

Considers the potential of autopoiesis theory to provide an alternate unifying framework for the study of organizations as systems and of organizational phenomena as emergent phenomena. This title includes papers that integrate open systems theory with the pioneering work of Maturana and Varela (1980, 1992) on autopoiesis in biological systems.

Situados en un progresivo traspaso de responsabilidades en la ejecución de los servicios sociales desde el Estado hacia actores no gubernamentales, aparece una demanda hacia el mismo Estado, el cual en lugar de simplemente declinar su labor, debiera de hecho expandir su regulación de modo de asegurar que la oferta social sea eficiente en satisfacer al ciudadano usuario en aquellos servicios prometidos por las políticas y programas sociales. Así mismo, la institucionalidad pública debiera reconocer las demandas del mundo privado para (...) actuar articuladamente hacia fines comunes, que finalmente conduzcan a un horizonte de desarrollo de una sociedad más igualitaria. Este estudio da cuenta de las tensiones, reveladas por autoridades de servicios públicos que atienden personas vulnerables, en su relación de colaboración con OSFL (Organizaciones Sin Fines de Lucro), para alcanzar tal horizonte. (shrink)

This paper investigates the question of characterizing first-order LFIs (logics of formal inconsistency) by means of two-valued semantics. LFIs are powerful paraconsistent logics that encode classical logic and permit a finer distinction between contradictions and inconsistencies, with a deep involvement in philosophical and foundational questions. Although focused on just one particular case, namely, the quantified logic QmbC, the method proposed here is completely general for this kind of logics, and can be easily extended to a large family of quantified paraconsistent (...) logics, supplying a sound and complete semantical interpretation for such logics. However, certain subtleties involving term substitution and replacement, that are hidden in classical structures, have to be taken into account when one ventures into the realm of nonclassical reasoning. This paper shows how such difficulties can be overcome, and offers detailed proofs showing that a smooth treatment of semantical characterization can be given to all such logics. Although the paper is well-endowed in technical details and results, it has a significant philosophical aside: it shows how slight extensions of classical methods can be used to construct the basic model theory of logics that are weaker than traditional logic due to the absence of certain rules present in classical logic. Several such logics, however, as in the case of the LFIs treated here, are notorious for their wealth of models precisely because they do not make indiscriminate use of certain rules; these models thus require new methods. In the case of this paper, by just appealing to a refined version of the Principle of Explosion, or Pseudo-Scotus, some new constructions and crafty solutions to certain non-obvious subtleties are proposed. The result is that a richer extension of model theory can be inaugurated, with interest not only for paraconsistency, but hopefully to other enlargements of traditional logic. (shrink)

The expansion of research on deep brain stimulation (DBS) and adaptive DBS (aDBS) raises important neuroethics and policy questions related to data sharing. However, there has been little empirical research on the perspectives of experts developing these technologies. We conducted semi-structured, open-ended interviews with aDBS researchers regarding their data sharing practices and their perspectives on ethical and policy issues related to sharing. Researchers expressed support for and a commitment to sharing, with most saying that they were either sharing their data (...) or would share in the future and that doing so was important for advancing the field. However, those who are sharing reported a variety of sharing partners, suggesting heterogeneity in sharing practices and lack of the broad sharing that would reflect principles of open science. Researchers described several concerns and barriers related to sharing, including privacy and confidentiality, the usability of shared data by others, ownership and control of data (including potential commercialization), and limited resources for sharing. They also suggested potential solutions to these challenges, including additional safeguards to address privacy issues, standardization and transparency in analysis to address issues of data usability, professional norms and heightened cooperation to address issues of ownership and control, and streamlining of data transmission to address resource limitations. Researchers also offered a range of views on the sensitivity of neural activity data (NAD) and data related to mental health in the context of sharing. These findings are an important input to deliberations by researchers, policymakers, neuroethicists, and other stakeholders as they navigate ethics and policy questions related to aDBS research. (shrink)

The study of anarchism as a philosophical, political, and social movement has burgeoned both in the academy and in the global activist community in recent years. Taking advantage of this boom in anarchist scholarship, Nathan J. Jun and Shane Wahl have compiled twenty-six cutting-edge essays on this timely topic in New Perspectives on Anarchism.

Current Perspectives in Philosophy of Biology.

Drawing on sixteenth-century Protestant discourse on marriage and sexuality, this essay examines the anxieties permeating Spenser’s two poetical celebrations of his courtship and wedding with Elizabeth Boyle. Though the Reformers’ departure from Rome included an embrace of clerical marriage and an advocacy for the virtues of companionate marriage, revulsion at the sinfulness of sex remained. Through the sonnets of the Amoretti and the stanzas of the Epithalamion, an idea of mutual love is disrupted by a Protestant-tinged sense of innate and (...) pervasive depravity. Special attention is given to sonnets #58 and #84, and to the Epithalamion passages on Maia and Alcema. (shrink)

We propose a mathematical model for a class of predator–prey systems more complex than the usual one, involving a commensalism effect consisting in an influence of the predator on the sustainability of the prey. This effect induces interesting new features, including bi-stability. The question of the possibility of reaching a certain attractor starting from initial conditions with a small population of predators, which presents an interest from the vewpoint of the onset of the predator in evolution, is addressed. We propose (...) two possibilities: the classical one involving adapted conditions in the far past and a new one using biodiversity, specifically the presence of another predator which operates as a starter, being displaced in the sequel. (shrink)

In the framework of population dynamics, we start from the logistic equation describing the evolution of one species with limited food supply. A split device allows us to consider the population as two sub-populations x and y evolving analogously. The dynamical system has a one-parameter family of equilibria which is structurally unstable. Then small perturbations of the system (describing functional or ethological differentiations between the sub-species) lead in general to a new system involving a fast and a slow dynamics with (...) a finite number of equilibria. In simple situations where the differentiation is clearly either an advantage or an inconvenience for one of the subspecies, the stable equilibrium amounts to extinction of the disadvantaged subspecies (elementary Darwinism). Oppositely more complex differentiations (involving both advantages and inconveniences) often lead to stable equilibria with well-defined non zero proportions of the sub-populations (preservation of the biodiversity). Other examples are concerned with symbiosis-like differentiations, leading to preservation, whereas the opposite case (mutual nuisances) has an unstable equilibrium and lead to extinction of one or the other subspecies according to the initial conditions. The case of a scission into three subspecies is more rich in consequences. In certain cases, predator-prey relations lead to auto-organization phenomena with stable diversity-preserving diversity. Cases of instability are also possible, leading to orbits tending towards a poly-cycle.This implies some kind of pseudo-extinction: this amounts to “pseudo-periodic-like” orbits with “pseudo-periods” larger and larger, tending to infinity; each pseudo-period contains parts where one of the sub-populations practically vanish. Other non-linear perturbations lead to stable orbits. (shrink)

This paper discusses the creation and use of the new Macquarie Laws of War Corpus. The corpus consists of the 110 documents of international war law stored in the International Committee of the Red Cross treaties database, starting with the 1856 Declaration Respecting Maritime Law and ending with the most recent amendment to the Rome Statute. The new MQLWC is hosted at the Sydney Corpus Lab, via its CQWeb interface, which allows for searching of frequencies, concordance lines, and collocations. The (...) corpus can also be downloaded for offline processing in other popular concordance programs, such as #Lancsbox and AntConc. This paper introduces the corpus, describes the process of assembling the data, and explains its limitations. The paper then demonstrates some of the ways the data can be explored using the concept of 'military necessity'. The MQLWC contributes to the growing use of corpus linguistics in legal studies, and will be of particular relevance to scholars in the field of international war law. (shrink)

A presença de outros filósofos na atividade filosófica de Wittgenstein sempre foi muito discreta. O filósofo evitou em diversos momentos fazer menção às possíveis fontes que lhe serviram de inspiração. Ainda assim, este artigo ambiciona apurar a influência que o pensamento de Schopenhauer exerceu sobre a filosofia de Wittgenstein, de modo pontual no que diz respeito à distinção entre sujeito metafísico e sujeito empírico. Pretendemos demonstrar que, em decorrência do influxo schopenhaueriano, tanto o realismo empírico quanto o solipsismo transcendental encontram (...) abrigo no bojo tractariano, o que possibilita, em razão desse último – solipsismo transcendental –, apurar a existência de um sujeito ético no pensamento wittgensteiniano. (shrink)