Robert Alexy has argued that the democratic objection to judicial review of legislation can be successfully addressed by assuming that judges exercise a special form of argumentative representation. In this article we argue that Alexy does not explain (as he should) under what circumstances judicial review tends to produce better decisions than parliamentary procedure, nor does he explain how judicial review can have a greater intrinsic value than parliamentary procedure. Subsequently, we argue that the intrinsic value of argumentative representation depends (...) on the promotion of citizen deliberation, whereas its instrumental value depends on judges being committed to the rights of discrete and insular minorities in the face of hostile majorities. (shrink)

El objetivo de este artículo es problematizar las críticas que hacen Fodor y Lepore en Holism: a shopper’s guide a la teoría holista propuesta por Donald Davidson. Para hacerlo, primero se hará una exposición de la teoría davidsoniana y se expondrán tres de las críticas hechas por Fodor y Lepore: la composicionalidad es necesaria para evitar los enunciados-W; la condición epistemológica de un intérprete radical es problemática; el principio de caridad no tiene ningún uso en la teoría del significado, entonces (...) no se puede derivar una conclusión holista de este principio. Una vez claras las críticas de Fodor y Lepore, se argumentará por qué no tienen un fundamento fuerte y se señalarán alguno problemas que quedan por resolver. (shrink)

El lector se encontrará en el presente trabajo con dos capítulos en los cuales se aborda de manera clara e histórica el proceso de codificación europea en el periodo del iluminismo o siglo de las luces, sobre todo en lo que tiene que ver con la codificación en materia de Derecho Penal, en el segundo capítulo se aborda esa influencia del proceso de codificación europeo en el proceso de codificación en América Latina, haciendo énfasis en el impacto de dicho proceso (...) en la expedición de Primer Código Penal de 1837 de la República de la Nueva Granada esto a la luz de los aportes de dos estudiosos y juristas europeos: Cesare Bonesana Marqués de Beccaría y Jeremy Bentham. (shrink)

Después de discutir diversas hipótesis acerca de la especificidad de la poesía, se reivindican sus posibilidades relativas a la expresión de lo paradójico. Ello se ejemplifica en cuatro poemas del libro La línea del tiempo de Luis Fernando Macías. Y a partir de la estructura paradójica del tiempo se realizan algunas consideraciones relativas a la condición paradójica de la existencia y a los orígenes del conflicto trágico.

Julian Wuerth offers a radically new interpretation of major themes in Kant's philosophy. He explores Kant's ontology of the mind, his transcendental idealism, his account of the mind's powers, and his theory of action, and goes on to develop an original, moral realist account of Kant's ethics.

There exists a significant disparity within society between individuals in terms of intelligence. While intelligence varies naturally throughout society, the extent to which this impacts on the life opportunities it affords to each individual is greatly undervalued. Intelligence appears to have a prominent effect over a broad range of social and economic life outcomes. Many key determinants of well-being correlate highly with the results of IQ tests, and other measures of intelligence, and an IQ of 75 is generally accepted as (...) the most important threshold in modern life. The ability to enhance our cognitive capacities offers an exciting opportunity to correct disabling natural variation and inequality in intelligence. Pharmaceutical cognitive enhancers, such as modafinil and methylphenidate, have been shown to have the capacity to enhance cognition in normal, healthy individuals. Perhaps of most relevance is the presence of an ‘inverted U effect’ for most pharmaceutical cognitive enhancers, whereby the degree of enhancement increases as intelligence levels deviate further below the mean. Although enhancement, including cognitive enhancement, has been much debated recently, we argue that there are egalitarian reasons to enhance individuals with low but normal intelligence. Under egalitarianism, cognitive enhancement has the potential to reduce opportunity inequality and contribute to relative income and welfare equality in the lower, normal intelligence subgroup. Cognitive enhancement use is justifiable under prioritarianism through various means of distribution; selective access to the lower, normal intelligence subgroup, universal access, or paradoxically through access primarily to the average and above average intelligence subgroups. Similarly, an aggregate increase in social well-being is achieved through similar means of distribution under utilitarianism. In addition, the use of cognitive enhancement within the lower, normal intelligence subgroup negates, or at the very least minimises, several common objections to cognitive enhancement. Subsequently, this paper demonstrates that there is a compelling case for cognitive enhancement use in individuals with lower, normal intelligence. (shrink)

Introduction -- The type/token theory introduced -- Motivating the type/token theory : repeatability -- Nominalist approaches to the ontology of music -- Musical anti-realism -- The type/token theory elaborated -- Types I : abstract, unstructured, unchanging -- Types introduced and nominalism repelled -- Types as abstracta -- Types as unstructured entities -- Types as fixed and unchanging -- Types II : platonism -- Introduction : eternal existence and timelessness -- Types and properties -- The eternal existence of properties reconsidered -- (...) Types and patterns -- Defending the type/token theory I -- Unstructuredness and analogical predication -- Musical works as fixed and unchanging -- Abstractness and audibility (again) -- Works and interpretations -- Conclusion and resumé -- Defending the type/token theory II : musical platonism -- Platonism it is : replies to Anderson and Levinson -- The existence conditions of works of music -- Composition as creative discovery -- The nature of the compositional process : replies to objections -- Composition and aesthetic appraisal : a reply to Levinson -- Composition and aesthetic appraisal : understanding, interpretation, and correctness -- Musical works as continuants : a theory rejected -- A theory introduced -- Explicating and motivating the continuant view -- The continuant view and repeatability -- Further objections to the continuant view -- Musical works as compositional actions : a critique -- Currie's action-type hypothesis -- Davies's performance theory -- Sonicism I : against instrumentalism -- Sonicism introduced -- Sonicism motivated : moderate empiricism -- Instrumentation : timbral sonicism introduced -- Scores -- Instrumentation, artistic properties, and aesthetic content -- Levinson's rejoinder -- Sonicism II : against contextualism -- Introduction : formulating contextualism -- Contextualist ontological proposals -- Levinson's doppelgänger thought-experiments -- Artistic, representational, and object-directed expressive properties -- Aesthetic and non-object-directed expressive properties -- Conclusion : the place of context. (shrink)

In this paper, we offer the spanish translation with notes of three treatises of Ramon Llull : Artificium electionis personarum, the chapter XXIV of book II from Llibre d’Evast, d’Aloma e de Blaquerna named «En qual manera Natana fo eleta a abadessa» and De arte electionis. These three texts show a new election technique supported on the Ars magna methods. The translations are preceded by a short introduction explaining the place that such texts occupy in the whole lullian opus and (...) the advances of recents investigations. (shrink)

In this research I propose to bring to light the meaning of "Venus" in the invocation of Lucretius´s De rerum natura. This paper is divided into six parts. In the first, I give an account of the various interpretations of the invocation and I systematize them. In the second I analyze and discuss three incategorizable investigations. In the third and fourth parts I expose the epicurean concepts of pleasure and divinity respectively. In the fifth I look for the terms, by (...) way of epithets, that the poet uses to refer to the goddess, bringing to light the nuances that light up them alternately in various instances of the invocation. In the sixth, finally, I give mine interpretation of vv 44-49 explaining why they should be included in the invocation. (shrink)

In 2011 the English Court of Protection ruled that it would be unlawful to withdraw artificial nutrition and hydration from a woman, M, who had been in a minimally conscious state for 8 years. It was reported as the first English legal case concerning withdrawal of artificial nutrition and hydration from a patient in a minimally conscious state who was otherwise stable. In the absence of a valid and applicable advance decision refusing treatment, of other life-limiting pathology or excessively burdensome (...) suffering, the judgement makes it clear that the obligation on health professionals falls strongly in favour of preserving life. Although the Court sought to limit the judgement as closely as possible to the facts of the case, it is likely to have a significant impact on life-sustaining treatment decisions for people in states of low awareness. This paper outlines the main legal features of the judgement. (shrink)

For the last 40 years or so the is/ought gap, the fact/value distinction and the naturalistic fallacy have figured prominently in ethical debates. This longevity, however, has had an adverse side effect. So familiar have they become that they—and their respective rationales—have tended to become blurred. It is the purpose of this paper to explain why they should be kept distinct.

Are works of music types of performance or are they continuants? Types are unchanging entities that could not have been otherwise; continuants can undergo change through time and could have been different. Picking up on this distinction, Guy Rohrbaugh has recently argued that musical works are continuants rather than performance-types. This paper replies to his arguments and, in the course of so doing, elaborates and defends the conception of musical works as types of performance. I end the article by arguing (...) that the conception of musical works as continuants is under-motivated and, ultimately, obscure. (shrink)

Duas formulações oferecidas por Leibniz de seu princípio de causalidade são examinadas, e a incompatibilidade, segundo Leibniz, do princípio com a possibilidade de causas indiferentes com respeito a seus efeitos é considerada. Acompanhamos o desenvolvimento de sua teoria da escolha a partir de suas teses sobre causalidade e indiferença. Por fim, procuramos explicar por que Leibniz sustentava que sua teoria de escolha não exclui a liberdade. Some remarks about causality, choice and freedom in Leibniz Abstract Two statements of Leibniz’ principle (...) of causality are discussed, and their alleged incompatibility with there being causes which are indifferent with respect to their effects is considered. We follow the development of his theory of choice on the basis of his views on causality and indifference. Finally, we attempt to explain why Leibniz maintained that his theory of choice does not rule out freedom. (shrink)

We might worry that our seamless reliance on AI systems makes us prone to adopting the strange errors that these systems commit. One proposed solution is to design AI systems so that they are not phenomenally transparent to their users. This stops cognitive extension and the automatic uptake of errors. Although we acknowledge that some aspects of AI extension are concerning, we can address these concerns without discouraging transparent employment altogether. First, we believe that the potential danger should be put (...) into perspective – many unreliable technologies are unlikely to be used transparently precisely because they are unreliable. Second, an agent who transparently employs a resource may also reflect (opaquely) on its reliability. Finally, agents can rely on a process transparently and be yanked out of their transparent use when it turns unreliable. When an agent is responsive to the reliability of their process in this way, they have epistemically integrated it, and the beliefs they form with it are formed responsibly. This prevents the agent from automatically incorporating problematic beliefs. Responsible (and transparent) use of AI resources – and consequently responsible AI extension – is hence possible. We end the paper with several design and policy recommendations that encourage epistemic integration of AI-involving belief-forming processes. (shrink)

Scarcity acts as a mental burden that disrupts how people process information and make decisions (Mullainathan and Shafir in Scarcity: Why having too little means so much. Macmillan, Basingstoke, 2013; Mani et al. Science 342:976–980, 2013). In this study, we replicated Mani et al.’s (Science 342:976–980, 2013) experimental design to explore whether scarcity also taxes Colombian high school students’ mental bandwidth. In a lab-in-the-field experiment, we tested how 417 high school students from high and low socioeconomic status (SES) in Bogotá, (...) Colombia, responded to different scarcity situations. Students were first presented with hypothetical scenarios of harsh or soft scarcity. Next, participants had to solve a series of tasks that measured higher cognitive functions (i.e. Raven’s Progressive Matrices, Cognitive Reflection Task and questions to assess their Delay Discounting value) and had to explain how they would solve the scarcity situation. As opposed to Mani et al. (Science 342:976–980, 2013), we did not find that scarcity taxed individuals’ mental bandwidth, neither their cognitive nor executive functions. We found that low-SES individuals, under the harsh scarcity condition, displayed more empathic attributes than high-SES individuals. Taken together, the results of this study show the importance of replication in different cultures and environments. (shrink)

Opponents of destructive embryo research, such as embryo rightists, as well as proponents accept that natural reproduction is permissible. There is an alternative to natural reproduction—to remain childless. John Harris began this series of articles by asking, what does a commitment to the permissibility of natural reproduction entail? Harris has argued that a commitment to the permissibility of natural reproduction entails a commitment to the permissibility of destructive embryo research. Julian Savulescu has denied this. However, there are significant areas in (...) which our views have converged. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.1 (2001) 121-140 [Access article in PDF] The Rhetoric of Modal Equivocacy in Cartesian Transubstantiation Julian Bourg Everyday language, in which words are not defined, is a medium in which nobody can express himself unequivocally. Robert Musil 1René Descartes's attempt to explain Eucharistic transubstantiation has long been understood as a dramatically significant moment in his tightrope walk across the medieval-to-modern divide. 2 Modeled (...) on the Last Supper in the New Testament, the Eucharistic rite had been explained in the Catholic tradition after the twelfth century in the scholastic philosophical language of substance and accident. 3 As the Council of Trent reaffirmed in 1551, this transubstantiation was a conversion "of the whole substance of the bread into the substance of the Body and of the whole substance of the wine into the substance of His blood... the appearances [speciebus] only of the bread and wine remaining." 4 Christ was [End Page 121] held to be "truly, really, and substantially contained under the species of those sensible things," under what still appeared to be bread and wine. 5Descartes's dilemma was that on one hand he was dead set against the hylomorphic theory of substance and accident, and on the other hand he found himself obliged by some of his interlocutors to comment on transubstantiation. It was a balancing act that pleased no one for very long, since despite his sometimes eager discussions of the Eucharist, he was not, as he admitted, "a theologian by profession." 6 The putative heterodoxy of Cartesian transubstantiation was principally responsible for his works being placed on the Index of Prohibited Books in 1663 and for his thought being banned from schools under Louis XIV in 1671. 7 His treatment of the Eucharistic question also distressed others in the seventeenth and early eighteenth centuries, such as Thomas Hobbes and Isaac Newton, who were unhappy that Descartes had bothered with such a theological non-issue. 8 For the many post-seventeenth-century advocates of a proto-secular Descartes as the godfather of modern philosophy, Cartesian transubstantiation has proved similarly inconvenient.The indisputable connections between Descartes and his scholastic forerunners, exemplified by the Eucharistic question, service a basic question of contemporary Cartesian scholarship. As Émile Boutroux put it, how was new wine poured from old bottles? 9 Accepting as axiomatic that there was something both radical and original in the Cartesian project but without falling back on pieties about his turn toward the modern subject, we must ask how Descartes put forth novel claims in conceptual language regarded by his contemporaries as resonant, if not consonant, with the scholastic intellectual culture of Catholic Reform France. More precisely, setting aside the not-very-defensible position that such language was merely incidental to Cartesian thought (a position that dehistoricizes Descartes as a precocious Enlightener), the dilemma then becomes explaining how original positions were elaborated within scholastic language. One important task is accounting for what Descartes did with that vocabulary--how he pointed words and concepts in new and surprising directions. The Eucharist becomes crucial in this perspective. [End Page 122]Though the question of Cartesian transubstantiation has been discussed for some time, the topic is worth revisiting again in light of two themes, rhetoric and the Cartesian theory of modes. My argument is that Descartes used one particular scholastic term, "mode," in equivocal ways and that this equivocation was in multiple senses rhetorical. This rhetoric coalesced and came to the fore around the Eucharist because, given the intellectual-political climate of the Catholic Reformation, the stakes of transubstantiation were so high. That Descartes used certain scholastic terms in equivocal or ambiguous ways should come as no surprise. Of interest, though, is the fact that by definition "mode" meant many things. This ambiguous term facilitated ambiguous intellectual positions about the Eucharist that allowed Descartes more generally (no matter what he "really" intended) to skirt between an orthodoxy that represented the past and an originality, not without dangers in his time, that seem to gesture toward our day. Foregrounded with regard to... (shrink)

Achievement test differences between boys and girls and between young men and young women, mostly favoring males, extend far beyond mathematics. Such pervasive differences, illustrated here, may require an explanatory theory broader than Geary's.

Documentary has undergone a marked revival in recent art, following a long period in which it was a denigrated and unfashionable practice. This has in part been led by the exhibition of photographic and video work on political issues at Documenta and numerous biennials and, since the turn of the century, issues of injustice, violence and trauma in increasing zones of conflict. Aesthetically, documentary is now one of the most prominent modes of art-making, in part assisted by the linked transformation (...) and recuperation of photography and video by the gallery and museum world. Unsurprisingly, this development, along with the close attention paid to photojournalism and mainstream documentary-making in a time of crisis, has been accompanied by a rich strain of theoretical and historical writing on documentary. This anthology provides a definitive historical context for documentary, exploring its roots in modernism and its critique under postmodernism; it surveys current theoretical thinking about documentary; and it examines a wide range of work by artists within, around or against documentary through their own writings and interviews. (shrink)

In this article we discuss the validity of previous preferences and advance directives in cases of severe mental illness.

During the last few decades, most cultural critics have come to agree that the division between "high" and "low" art is an artificial one, that Beethoven's Ninth and "Blue Suede Shoes" are equally valuable as cultural texts. In Who Needs Classical Music?, Julian Johnson challenges these assumptions about the relativism of cultural judgements. The author maintains that music is more than just "a matter of taste": while some music provides entertainment, or serves as background noise, other music claims to function (...) as art. This book considers the value of classical music in contemporary society, arguing that it remains distinctive because it works in quite different ways to most of the other music that surrounds us. This intellectually sophisticated yet accessible book offers a new and balanced defense of the specific values of classical music in contemporary culture. Who Needs Classical Music? will stimulate readers to reflect on their own investment (or lack of it) in music and art of all kinds. (shrink)

Scientific humanism, by Julian Huxley.--Classical humanism, by Gilbert Murray.--Christian humanism, by J H. Oldham.

John R. Searle claims that P.F. Strawson's well known objections to correspondence theories of truth can be side‐stepped, if we regard the correspondence theorist's facts as ‘conditions in the world’ rather than as complex objects. In response, I claim both that Searle's notion of a ‘condition in the world’ is obscure, and that such conditions cannot be the facts of a correspondence theorist on account of their being unsuited for truthmaking.The failure of Searle's attempt to come up with a correspondence (...) theory which evades Strawson's objections does not indicate that we should seek to formulate a correspondence theory in some other way. I argue that that the correspondence theorists's truthmaker axiom is improperly motivated, and, in the light of this, suggest that facts be treated as true propositions rather than as items which make propositions true. The article ends with a defence of this position against two recent objections. (shrink)

An entertaining and thought-provoking look at the food on our plates, and what it can teach us about being human, from the author of The Pig That Want's to be Eaten.

Of all his contributions to philosophy it is perhaps Kant's writings on ethics that are the most widely read. Kant himself posed the famous question: What should I do? In this engaging and lucid book Julian Wuerth explores the question that frames Kant's moral philosophy and places it in a contemporary context, offering a stimulating and direct path into Kant's moral thought. He opens with a helpful introduction to the main traditions in ethics prior to Kant before outlining Kant’s theory (...) of human nature - particularly his division of the soul into the faculties of cognition, feeling and desire - which is essential for understanding his moral theory. He then introduces Kant’s arguments in his famous Groundwork of the Metaphysics of Morals , above all for his famous ‘categorical imperative’, explaining the roles of humanity, self-consciousness and freedom in Kant's moral philosophy, and Kant's identification of moral action with autonomy. The second part of the book considers criticisms of Kant’s moral philosophy, including those of Sidgwick and Hegel and asks whether Kant’s categorical imperative can provide moral guidance, before turning to the dominant, constructivist interpretations of Kant's ethics today, as defended by leading philosophers such as O’Neill and Korsgaard. Julian Wuerth argues that constructivist interpretations overlook central features of Kant's account of moral agency and so conflate the demands of virtue and happiness - in effect ascribing to Kant a view that he repeatedly targeted in previous ethical traditions. The final part of the book considers Kant’s moral philosophy from a contemporary perspective. Despite important differences between them, Kant's ethics is shown to resemble virtue ethics in addressing our development as persons, advocating a lifelong process of the cultivation of both our sensible and intellectual cognitive and emotional capacities. (shrink)

In A Philosophers' Manifesto a diverse range of leading philosophers from around the world present the philosophical case for a new policy or law they think will make an improvement in the world. The proposals range across questions of punishment, state ownership, education, freedom, democratic and economic inclusion. They draw in perspectives from Europe, the Americas, East Asia, Africa and India. This collection presents robust arguments for some radical new approaches to social and political issues, showing exactly how philosophy can (...) be of real, practical benefit, especially in these fractious times. (shrink)

There’s not only indifference, there’s actually a huge sense of sneering superiority. The need for intercultural understanding and global dialogue between different philosophical traditions and philosophical countries is so important. It’s just crazy to think that in your own monoglot culture you’ve got all the essential tools that you need to do philosophy.