In procedural-law scholarship as well as in the theoretical analysis of the notion of proof as a result of the joint assessment of all items of evidence introduced in a trial, reference is frequently made to notions such as the conviction, belief, or certainty of a judge or a jury member about what happened. All these notions underscore the mental states involved in the process of determining the facts on the part of a judge or a jury. In this analysis, (...) I look at the links between beliefs and the justification in the findings of fact provided by the judge or jury in her or its verdict. (shrink)

In jurisprudential literature, the adjective ‘defeasible’ appears as a predicate of many terms: concepts, laws, rules, reasoning, justification, proof, and so on. In this paper, we analyze the effects of some versions of the thesis of the defeasibility of legal norms on the reconstruction of the notion of legal validity. We analyze some possible justifications of this thesis considered as a claim concerning validity, and enquire into two possible sets of problems related to the defeasibility of the criteria of identification (...) of a legal system. We also provide a formalization of some options regarding defeasible criteria of identification, which can be used as a tool for meta-jurisprudential analysis. Finally, the thesis according to which defeasibility is better conceived of as a feature of legal application is examined and questioned. (shrink)

El artículo tiene como objetivo ofrecer un panorama de los problemas que enfrenta la motivación de las resoluciones judiciales. Así, se intenta responder básicamente a tres cuestiones: ¿qué se motiva?, ¿qué significa motivar dado el rol de la función judicial? Y, derivado de ellas, ¿cuáles son las exigencias para una correcta motivación?

In jurisprudential literature, the adjective 'defeasible' appears as a predicate of many terms: concepts, laws, rules, reasoning, justification, proof, and so on. In this paper, we analyze the effects of some versions of the thesis of the defeasibility of legal norms on the reconstruction of the notion of legal validity. We analyze some possible justifications of this thesis considered as a claim concerning validity, and enquire into two possible sets of problems related to the defeasibility of the criteria of identification (...) of a legal system. We also provide a formalization of some options regarding defeasible criteria of identification, which can be used as a tool for meta-jurisprudential analysis. Finally, the thesis according to which defeasibility is better conceived of as a feature of legal application is examined and questioned. (shrink)

This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary (...) context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors. (shrink)

Does the law contain implicit exceptions to its own rules? If so, what consequence does that have for understanding the relationship between law and morality? This collection gathers leading legal philosophers to analyse the logical structure of legal norms, advancing the understanding of the general philosophy of law.

Esta investigación pretende aportar datos para determinar en qué medida el feedback influye en el rendimiento académico.Se ha realizado una experimentación con estudiantes universitarios de los grados de marketing y de educación física. Se ha dividido la muestra en tres grupos en función del tipo de información -feedback- que se les proporcionaba.Los resultados muestran que hay correlación entre la información facilitada y los resultados obtenidos. El rendimiento mejora en función de la información cuando ésta es correcta. Estos resultados han de (...) servir para reforzar el compromiso del docente en ofrecer retroalimentación con responsabilidad y rigor. (shrink)

The First World Congress on Evidential Legal Reasoning, organised by the Legal Culture Chair of the University of Girona, was held between June 6 and 8, 2018. The Congress was attended by 350 participants and featured 18 speakers from four continents. The three days of formal and informal presentations and discussions yielded excellent results, strengthening the interrelation between the legal communities and specialists of different traditions. The 18 papers from the Congress, reviewed by their authors based on the discussions and (...) the suggestions made at the Congress, have been compiled in this book. (shrink)

Surgical patient safety remains a concern worldwide as, despite World Health Organization recommendations and implementation of its Surgical Safety Checklist, adverse events continue to occur. The aim of this qualitative study was to explore the views and experiences of perioperative nurses regarding the factors that impact surgical patient safety. Data were collected through five focus groups involving a total of 50 perioperative nurses recruited from four public hospitals in Spain. Content analysis of the focus groups yielded four main themes: personal (...) qualities of the perioperative nurse, the surgical environment, safety culture, and perioperative nursing care plans. One of the main findings concerned barriers to the exercise of leadership by nurses, especially regarding completion of the Surgical Safety Checklist. Some of the key factors that impacted the ability of perioperative nurses to fulfil their duties and ensure patient safety were the stress associated with working in the operating room, time pressures, and ineffective communication in the multidisciplinary team. Targeting these aspects through training initiatives could contribute to the professional development of perioperative nurses and reduce the incidence of adverse events by enhancing the surgical safety culture. (shrink)

El artículo revisa las aportaciones más trascendentes que Jordi Ferrer ha hecho a la tradición racionalista de la prueba jurídica y evalúa críticamente el limitado papel que, desde su óptica, le corresponde desempeñar a la epistemología en la discusión general sobre los estándares de prueba apropiados para las distintas ramas del derecho. Más específicamente, se analiza la irrelevancia que Ferrer parece atribuir a dicha disciplina –o el silencio que debe guardar–, respecto del establecimiento del estándar de prueba (...) deseable en materia penal. Se concede que, en efecto, le corresponde al pueblo tomar la decisión de qué estándar implementar. No obstante, se sostiene, ello no impide que la epistemología incida en el proceso de formación de dicha decisión mediante la realización de observaciones, el ofrecimiento de argumentos y la propuesta de metodologías adecuadas, con miras a que aquella se tome en un contexto mejor informado y sea lo más racional posible. Se ilustra esta posición haciendo referencia al proyecto de epistemología jurídica de Larry Laudan. (shrink)

The Logic of Legal Requirements. Essays on Defeasibility, edited by Jordi Ferrer Beltrán and Giovanni Battista Ratti, and published by Oxford University Press in 2012, is a very much welcome contribution to one of the most discussed topics in the contemporary legal theory and philosophy. Defeasibility is connected to many essential issues such as the nature of legal reasoning, the structure of legal norms and legal system, the concept of legal validity, as well as the mechanisms and (...) limits of.. (shrink)

My purpose in this essay is to clarify and evaluate Arthur Schopenhauer's grounds for the view that happiness is impossible. I shall distinguish two of his arguments for that view and argue that both of them are unsound. Both arguments involve premises grounded on a problematic view, namely, that desires have no objects. What makes this view problematic is that, in each of the two arguments, it conflicts with Schopenhauer's grounds for other premises in the argument. I shall then propose (...) a way of fixing both arguments. The solution involves substituting the view that desires have no objects with the view that we have a desire to have desires. The latter view, I shall argue, can do the grounding work that the former does in Schopenhauer's arguments but, unlike it, the view that we desire to desire is consistent with Schopenhauer's grounds for the rest of premises in those arguments. (shrink)

The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control (...) ought to be exercised (the problem of justice of borders). The literature has explored the second but ignored the first. Therefore, I propose a different approach to the ethics of immigration by focusing on concerns of legitimacy in a three-step framework: first, identifying the kind of authority or power that immigration controls exercise; second, redefining borders as international and domestic institutions that issue that kind of power; and finally, considering supranational institutions that redistribute the right to exclude among legitimate borders. (shrink)

This article examines fashion models as gender myths and cultural iconsthrough a cultural history of modelling. It reveals the construction of models’ personas by the successive addition of meaningful signs:physique, manner, attitude, nationality, class, race, salary, chameleonism, slenderness and so on. On the basis of empirical material on models’ experiences gathered from interviews, secondary oral sources and autobiographical material, the author approaches models’ bodies, identities and public personas as artefacts performed through the reiteration of collectively defined gender standards and practices. (...) This approach overcomes the contrast cast in fashion discourse between visibility/invisibility, private/public, real/unreal while disclosing the hegemonic beauty standards as fiction. (shrink)

Cataloguing: -/- Twilight of the Idols or How to Philosophize with a Hammer / By Friedrich Nietzsche (1844-1900). [Götzen-Dämmerung. English]. Translation of text, afterward, notes, letters, and appendixes by ©Daniel Fidel Ferrer, 2013. 1. Philosophy 2) Metaphysics 3) Philosophy, Germa 4) Philosophy, German -- 19th century 5) Philosophy, German – Greek influences I. Nietzsche, Friedrich Wilhelm, 1844-1900 II. Ferrer, Daniel Fidel, 1952- .

Child-to-parent violence is a growing public health problem with consequences for perpetrators and families. Most research has focused on individual and family risk factors. However, little is known about its links with individual outcomes. The aim of this study was to analyze the relationships between CPV and psychological distress, suicidal ideation, and self-concept in school-aged adolescents, taking into account the gender perspective. A study was conducted with a sample of 8,115 adolescents, aged between 11 and 16 years from the State (...) of Nuevo León, Mexico. A MANOVA 3 × 2 was performed to analyze the data. The results revealed that adolescents involved in CPV showed higher levels of psychological distress and suicidal ideation and lower levels of family and social self-concept. It was also observed that girls with higher levels of CPV scored the lowest levels of psychological distress and suicidal ideation, as well as the lowest levels of family self-concept. The findings highlight that adolescents and especially girls involved in CPV also report internal maladjustment outcomes. Finally, the results and their implications for research and intervention with adolescents involved in CPV are discussed. (shrink)

In this paper, I propose an account of self-knowledge for desires. According to this account, we form beliefs about our own desires on the basis of our grounds for those desires. First, I distinguish several types of desires and their corresponding grounds. Next, I make the case that we usually believe that we have a certain desire on the basis of our grounds for it. Then, I argue that a belief formed thus is epistemically privileged. Finally, I compare this account (...) to two other similar accounts of self-knowledge. (shrink)

This paper’s main contention is that some basically methodological developments in science which are apparently distant and unrelated can be seen as part of a sequential story. Focusing on general inferential and epistemological matters, the paper links occurrences separated by both in time and space, by formal and representational issues rather than social or disciplinary links. It focuses on a few limited aspects of several cognitive practices in medical and biological contexts separated by geography, disciplines and decades, but connected by (...) long term transdisciplinary representational and inferential structures and constraints. The paper intends to show a given set of knowledge claims based on organizing statistically empirical data can be seen to have been underpinned by a previous, more familiar, and probably more natural, narrative handling of similar evidence. To achieve that this paper moves from medicine in France in the late eighteenth and early nineteenth century to the second half of the nineteenth century in England among gentleman naturalists, following its subject: the shift from narrative depiction of hereditary transmission of physical peculiarities to posterior statistical articulations of the same phenomena. Some early defenders of heredity as an important causal presence in the understanding of life adopted singular narratives, in the form of case stories from medical and natural history traditions, to flesh out a special kind of causality peculiar to heredity. This work tries to reconstruct historically the rationale that drove the use of such narratives. It then shows that when this rationale was methodologically challenged, its basic narrative and probabilistic underpinings were transferred to the statistical quantificational tools that took their place. (shrink)

Although most consumers are positive about socially responsible companies, in order to benefit from CSR efforts, effective and clear CSR communication is important. However, due to the constantly rising profusion of eco-labels, based on either own claims from the organization or claims made by an external third party, consumers may encounter difficulties in identifying truly responsible firms, which could result in less effective CSR initiatives, even for those responsible firms. Therefore, building on attribution theory, this study seeks to identify how (...) uncertified internal CSR claims and external third-party CSR labels should be used in order to deter greenwashing and increase positive consumer evaluations. Within a 3 × 2 design, respondents are exposed to different coffee product packages measuring their attitude toward the brand, corporate credibility, purchase intention, and scent perception, as well as perceived attributional CSR motives. Overall, findings indicate that especially an external CSR label affects consumer responses toward the firm. Moreover, perceived CSR motives serve as a mediator between an external CSR label and corporate credibility and brand attitude, respectively. These findings warrant further consideration of introducing an external multilevel rating systems by governmental law. (shrink)

This article assesses an assumption pervasive in one strain of arguments in favor of stringent immigration controls. The assumption affirms that—for the case of regular admissions—to a certain extent states are permitted to prioritize the interests of their citizens and residents by issuing exclusionary immigration policies (call this the priority assumption). Using the normative methodology of applied international ethics, I suggest some broad constraints to this priority assumption that have a bearing on justifications for current practical immigration policy in Europe, (...) North America, and beyond. I do so by redefining borders as domestic-international institutions that open up borders not only to (internal) standards of justice but also to standards of international legitimacy. (shrink)

This paper argues that our modern concept of biological heredity was first clearly introduced in a theoretical and practical setting by the generation of French physicians that were active between 1810 and 1830. It describes how from a traditional focus on hereditary transmission of disease, influential French medical men like Esquirol, Fodéré, Piorry, Lévy, moved towards considering heredity a central concept for the conception of the human bodily frame, and its set of physical and moral dispositions. The notion of heredity (...) as a natural force, with a wide ranging capabilities of transmitting differentially both fundamental and accidental characters was generalized by that generation of physicians with the help of contemporary naturalists and physiologists. By 1830 the term hérédité was widespread, and it shared the explanatory and semantic qualities of traditional medical concepts like constitution and temperament. An analysis is given of the main developments that led to the conception of biological (including human) bodies as consisting of a layered, hierarchical organization of characters, differentially affected by the laws of conservation (Heredity) and change (Inneity, Variation). The mid-century work of the French physician Prosper Lucas, Traité Philosophique et Physiologique de L'Hérédité Naturelle, is shown to be the culmination of the efforts of several generations of French physicians towards having a feasible, complexly structured notion of how heredity works. (shrink)

This article tries to clarify the contrast between the contemporary tourist figure and the romantic traveler. From a conceptual and theoretical framework, it is our aim to establish a critical apparatus to problematize the influence of new media in the experience of travel nowadays, as a part of the Industry of Culture. From categories of analysis such as the unexpected, the travel as a personal transformation or the authenticity, our essay deals with a critical perspective of the hyperconnected tourist, specially (...) through the smartphone, from the point of view of the ideals of the romantic traveler and the Grand Tour. (shrink)

Sistemas jurídicos -- Enunciados jurídicos preinterpretivos -- Enunciados jurídicos interpretivos.

La evidencia empírica disponible señala de manera unánime que las nuevas políticas de tráfico y seguridad vial aplicadas en España desde 2004, y en particular la introducción del carné por puntos y la reforma del Código Penal, han tenido una fuerte incidencia positiva en la reducción de la siniestralidad. De dichos resultados se deriva que las nuevas políticas han tenido también un efecto positivo sobre la conducta de los conductores, de modo que ha sido esa mejora en la conducta al (...) volante la que finalmente se ha traducido en una reducción de la siniestralidad. No obstante, hasta el momento, los investigadores han descuidado el análisis directo de los datos sobre cumplimiento. En el presente trabajo se analizan todos los datos disponibles que ofrecen información sobre el cumplimiento de la normativa de tráfico y seguridad vial. (shrink)

All paradoxes of self-reference seem to share some structural features. Russell in 1908 and especially Priest nowadays have advanced structural descriptions that successfully identify necessary conditions for having a paradox of this kind. I examine in this paper Priest’s description of these paradoxes, the Inclosure Scheme (IS), and consider in what sense it may help us understand and solve the problems they pose. However, I also consider the limitations of this kind of structural descriptions and give arguments against Priest’s use (...) of IS in favour of dialetheism. IS fails to identify sufficient conditions for having a paradox of self-reference. That means that, even if we identified a problem common to any reasoning satisfying IS, that problem would not explain why some of those reasonings are paradoxical and some others are not. Therefore IS cannot justify by itself the claim that some particular theory offers the best solution to the paradoxes of self-reference. We still need to consider aspects concerning the content and context of occurrence of every paradox. (shrink)

Are those judgments that we make on the basis of our memories immune to error through misidentification? In this paper, I discuss a phenomenon which seems to suggest that they are not; the phenomenon of observer memory. I argue that observer memories fail to show that memory judgments are not IEM. However, the discussion of observer memories will reveal an interesting fact about the perspectivity of memory; a fact that puts us on the right path towards explaining why memory judgments (...) are indeed IEM. The main tenet in the account of IEM to be proposed is that this aspect of memory is grounded, on the one hand, on the intentionality of perception and, on the other hand, on the relation between the intentionality of perception and that of memory. (shrink)

Base-of-the-pyramid business models aim to achieve profitability and poverty reduction by including poor people into corporate value chains. This goal duality creates tensions. Actors’ responses to these tensions are influenced by their cognitive frames of the phenomena building the tension. Applying a cognitive perspective, I investigate how corporate actors with different frames of poverty respond proactively or defensively to the poverty–profitability tension by adapting business model elements. I find that proactive and defensive responses differ for actors holding different cognitive frames (...) of poverty. The responses have consequences for the poverty impact potential of BOP business models. (shrink)

The purpose of this essay is to account for privileged access or, more precisely, the special kind of epistemic right that we have to some beliefs about our own mental states. My account will have the following two main virtues. First of all, it will only appeal to those conceptual elements that, arguably, we already use in order to account for perceptual knowledge. Secondly, it will constitute a naturalizing account of privileged access in that it does not posit any mysterious (...) faculty of introspection or "inner perception" mechanism. (shrink)

El filósofo francés Michel Foucault vinculó su investigación acerca del concepto de heterotopía al espacio terrenal y sólido, basándose en seis principios que circunscriben estos contraespacios. El objetivo de este estudio es utilizar los principios heterotópicos propuestos por Foucault para analizar el espacio marítimo en la novela Mare al mattino, de la escritora Margaret Mazzantini, y estudiar la relación que se establece entre las protagonistas y el mar.