Vincent Descombes brings together an astonishingly large body of philosophical and anthropological thought to present a thoroughgoing critique of contemporary cognitivism and to develop a powerful new philosophy of the mind. Beginning with a critical examination of American cognitivism and French structuralism, Descombes launches a more general critique of all philosophies that view the mind in strictly causal terms and suppose that the brain--and not the person--thinks. Providing a broad historical perspective, Descombes draws surprising links between cognitivism and earlier (...) anthropological projects, such as Lévi-Strauss's work on the symbolic status of myths. He identifies as incoherent both the belief that mental states are detached from the world and the idea that states of mind are brain states; these assumptions beg the question of the relation between mind and brain. In place of cognitivism, Descombes offers an anthropologically based theory of mind that emphasizes the mind's collective nature. Drawing on Wittgenstein, he maintains that mental acts are properly attributed to the person, not the brain, and that states of mind, far from being detached from the world, require a historical and cultural context for their very intelligibility. Available in English for the first time, this is the most outstanding work of one of France's finest contemporary philosophers. It provides a much-needed link between the continental and Anglo-American traditions, and its impact will extend beyond philosophy to anthropology, psychology, critical theory, and French studies. (shrink)

This paper offers a twofold ontological conceptualization of technology in the Anthropocene. On the one hand, we aim to show how the Anthropocene occasions an experience of our inescapable inclusion in the technological structuring of reality that Martin Heidegger associates with cybernetics. On the other hand, by confronting Heidegger’s thought on technology with Georges Bataille’s consideration of technological existence as economic and averted existence, we will criticize Heidegger’s account by arguing that notwithstanding its inescapable inclusion in cybernetics, technology in the (...) Anthropocene itself fosters an experience of what remains excluded. We conclude by indicating how such an experience is relevant for contemporary philosophical investigation of technology. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to (...) arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

In this article I review the Supreme Court’s current use of its major questions doctrine to see if the justifications commonly offered for its existence can explain its current use. In the process of doing so, I examine what the doctrine is about, how it came into existence and how the Court has applied it, especially in context to two recent cases, West Virginia v. EPA and Biden v. Nebraska. As both of these cases implicate the regulatory state, I place (...) the primary focus of this article on how the doctrine should apply in context to judicial evaluation of the regulatory state. In so doing, I discover that the Court’s current reliance on constitutional separation of powers and checks and balances analyses seem too narrow both with respect to the concerns of the founding generation but also, and perhaps more importantly, to the Constitution’s goals for the kind of government it sought to establish going into the future. (shrink)

Framed within the development policies for the region, educational agendas for Latin America represent specific commitments that transcend the improvement in the results of specific tests permeating both pedagogical practices and conceptual frameworks in which these ones acquire meaning. This paper covers some of the commitments made by these agendas and develops the general framework in which participation of philosophical community is expected and required as a guarantor and promoter of the construction of spaces for reflection and action on educational (...) system. (shrink)

This is a discussion of the reaction to the recent research article publication in the journal Protein & Cell by a group of scientists at Sun Yat-sen University using the CRISPR/Cas9 technique on editing non-viable human zygotes. Many commentators condemned the Chinese scientists for overstepping ethical boundaries long accepted in Western countries and accused China of having lax regulations on genomic research in general. We argue that not only did this research follow strict ethical standards and fully comply with current (...) regulations, but China also has a well-developed regulatory framework governing such research comparable to many developed countries. We see the reactions among Western commentators as a misunderstanding of the current situation and an expression of a lack of willingness to acknowledge China as an equal partner in the international debate about proper limits to the development of new biotechnologies. (shrink)

Invariance of the class of algorithms expressible with respect to changes in computational formalism have provided extremely stable foundations for the Church-Turing thesis, according to which a number of—equivalent—computational mechanisms each fully capture the intuitive notion of algorithm. Thanks to the stability and elegance of the Church-Turing thesis, the notion of computation defined by these mechanisms is etched in stone as the theoretical essence of computation. In particular, this notion has been extensively used as an abstract tool to model natural (...) phenomena. (shrink)

If we consider human thought as the, so far, ultimate, if not supreme, stage in the evolution of life on Earth, we must also try to understand the evolutionary conditions that allowed it to emerge, and that leads us to look again at living organization.Whatever the origins of life (cf. the text of Jacques Reisse, p. 53), it is clear that the oldest living organization, that of a protobacteria, is extremely complex in its functional and complementary association of extremely diverse (...) macro-molecules, and that this complexity includes in particular: a) the organization of exchanges with an environment from which it draws both matter-energy and organization ; b) a permanent process of self-reorganization through the replacing of molecules that have deteriorated and through the production of new ones; c) the organization of the self-reproduction of the creature through division. An organization of this kind includes a quasi-informational dimension (the hereditary message inscribed in the genes and the capacity to extract information from the environment), a quasi-computational dimension (the processing of data, via indices or quasi-signs from the interior and exterior), and a communicational dimension (internal RNA-protein communication and external communication with its congeners). In short, from the beginning, a living being is the product/producer of a self-eco-organization the nature of which is at the same time computational, informational, and communicational. In other words, within every living organization, there is a cognitive dimension, but this cognitive dimension is undifferentiated within it. (shrink)

For Thomas Aquinas, the creator of natural law is a personal, substantial, and relational God. For Laozi, it is an impersonal, non-substantial, self-manifesting dao. There are similarities, and this article will consider several of them. For Thomas, the act of creation comes from God, and for Laozi the giving birth of the universe is from the dao’s unconditional generosity. Thus it is possible to compare the way in which the world-originating generosity of God generates the moral law and the way (...) in which the self-manifesting dao generates the moral law. In Thomas’s view the natural law is the rational participation of the human being in God’s eternal law. Laozi’s heavenly dao governs all things in the universe, and for this reason human beings and their techniques should comply with dao. Thomas emphasizes human freedom of will and the responsibility to pursue what is good and to avoid what is evil. Laozi emphasizes the objectivity of heavenly dao without any reference to human freedom of will or individual responsibility. With religious Daoism there develops the idea of collective responsibility and the divinization of dao, a point that invites further comparative study of Thomism and Daoism. (shrink)

The First Amendment’s Free Exercise and Establishment Clauses were meant to guarantee freedom of religion for all persons living in the United States. This was to be done by ensuring that government could not establish a state religion nor interfere with individual practices and beliefs so long as they did not violate public morals. The idea was to have the two clauses operate together to ensure state separation in matters of religion. However, recent caselaw involving government accommodations to religious organizations (...) has emphasized the Free Exercise Clause with little or no attention afforded the Establishment Clause. As a result, intermediate factors like entanglement, endorsement, general applicability, and neutrality, that previously were used to assist the separation of church and state, are now called into question. This Article attempts to rekindle these factors by attaching a public/private distinction to the way the two clauses are understood, to ensure a more certain and clearer basis for the separation of church and state. (shrink)

The Supreme Court’s antiabortion opinion in Dobbs v. Jackson Women’s Health Org., which overruled Roe v. Wade and Planned Parenthood of S.E. Penn. v. Casey, on the one-hand suggests that the Court may be moving toward eliminating all non-enumerated fundamental rights not deeply rooted in the Nation’s longstanding history and tradition. On the other hand, it may suggest only that the Court might be just opening the door to overruling specific non-enumerated rights with which it no longer agrees. Either way, (...) many long-recognized, non-enumerated, human rights, beyond abortion that are essential to individual autonomy and human dignity are now up for grabs. Such rights in the area of privacy law will most likely include not just abortion, but also contraception, interracial marriage, and the Court’s more recent recognition of same-sex marriage, and possibly still other precedents, including whether states can criminalize adult consensual same-sex behavior in private. More importantly, the proposed foundation for this Court’s potential departure from its past case precedents cannot be justified even by claiming such rights are not deeply rooted in the Nation’s history and tradition. As I hope to show in this article, neither from the point of view of looking to this Nation’s longstanding history and traditions, if properly understood, nor from the point of view of allowing Equal Protection to aide in identifying forms of discrimination not previously recognized or afforded much attention, can departures from past human rights precedents based in autonomy be justified. (shrink)

The processes that guide performance in Wason's selection task (WST) are still under debate. The matching bias effect in the negations paradigm and its elimination by explicit negations are central arguments against a substantial role for inferential processes. Two WST experiments were conducted in the negations paradigm to replicate the basic finding and to compare effects of implicit and explicit negations. Results revealed robust matching bias in implicit negations. In contrast to previous findings, matching bias was reduced but not eliminated (...) in conditions using explicit negations. Model-based analyses suggest that matching bias is due to a switch towards a negative test strategy caused by negations. (shrink)

Estudio intertextual del "Llibre d'amic i amat" en los ámbitos de la espiritualidad, de la teología y de la literatura vernacular, sobre todo mediante referencias a la patrística latina, el pensamiento de cistercienses y victorianos, la "legenda" de "Ami et amile", etc. se adopta el método de la filiaciones, pero con rectificaciones notables: no basta con señalar el parentesco de motivos y temas, etapa que debe prolongarse por un estudio de la función y el sentido de dichos elementos en la (...) arquitectura, el sistema de un pensamiento. Se pone de realce, asimismo, la importancia de compaginar filosofía y poética, en torno a lo que pudiera ser una tipología del "exemplum" en el opúsculo luliano. (shrink)

El presente artículo reflexiona sobre los orígenes del pragmatismo atendiendo puntos importantes para implicaciones epistemológicas que buscan servir luego de clave para una perspectiva para el pensamiento del sur del continente. Hay una exposición de aspectos centrales que sobre el pragmatismo expuso Charles Pierce, específicamente sobre las creencias, el signo como mediación cognitiva, así como una consideración de las ciencias para comprender el papel tanto del razonamiento como de la percepción y el instinto. Igualmente, se exponen elementos claves de la (...) teoría del conocimiento de John Dewey, quien ante el rechazo declarado al racionalismo cartesiano y sin limitarse a la experiencia como punto de referencia para la clarificación conceptual, se encamina más a unas vivencias y contactos con un mundo observado comprometiendo así la realidad sentida la propia mente. El pragmatismo implica atención a lo que nos rodea sin generar separaciones entre sensibilidad y razón o entre pensamiento y emoción, lo cual hace que los asuntos de la ciencia y del conocimiento no se den ajenos a las acciones democráticas entre los individuos activos y sus colectivos. (shrink)

Using the notion of territorialization, the text traces connecting points between classical American pragmatism and contemporary Latin American philosophy as an effort to counter the usual criticism that states that because of its origins in the north of the continent pragmatism has nothing to offer to the construction of any sound philosophy in the south, while recognizing that its history, that of pragmatism, can be read in parallel of the history of the ways in which Latina American philosophies were built (...) since the beginning of the 20th century. (shrink)

Centrado en la respuesta a tres preguntasclave sobre el status epistémico de lasintuiciones y sus posibilidades comofuente de evidencia, el objetivo delpresente artículo es analizar las respuestasque a ellas ofrece la teoría de las VirtudesEpistémicas propuesta por E. Sosa, con elfin de determinar sus alcances y suslimitaciones más problemáticas.Focused on the answer to three keyquestions about the epistemic status ofintuitions and their possibilities as asource of evidence, the aim of this paperis to evaluate the answers offered by E.Sosa’s Epistemic Virtues (...) approach, inorder to determine its explanatory scopeand its more challenging limitations. (shrink)

Ce numéro de Clio, Histoire, Femmes et Sociétés est un peu inhabituel. En effet, contrairement aux principes de la revue, le dossier est consacré uniquement à l’histoire contemporaine et même à l’histoire du très contemporain : nous rendons compte de journées d’étude organisées à Lyon en septembre 2008 qui s’inscrivaient dans un cycle de colloques sur « les années 68 » échelonnés de novembre 2007 à novembre 2008. Cependant, pour conserver la présence des différentes périodes de l’histoire, le...

The text addresses the question ¿Where do bodies moves according to Spinoza´s physical scheme, as presented in his Ethics? The question holds a strong connection to the classical questioning by Oldenberg, about the way in which sigular objects acquire their individuality and how deos nature operate as a unity, despite its complex constitution. The answer will refer not just to Spinoza´s critique to cartesian mechanics, as it is usually referred, but to Spinoza´s own interpretation of the constitution and dynamics of (...) the physical world in order to fulfill the tasks it was designed for. (shrink)

Vasco de QuirogaIt was precisely when printing became popular in Europe - which, for the first time in history, permitted the conservation and mass diffusion of ancient Greek, Arab, and Latin writings, a fact that signalled the beginning of the Renaissance - that the Letters of Amerigo Vespucci first appeared. These letters, like a revelation, speak of a novus mundus, a new world of unknown flora, fauna, and men, that contradicts the findings of Ptolemy‘s eminent Cosmography (published in 1478, in (...) Rome), Theophrastus's History of Plants (published in 1498, in Venice), and the hallowed treatises of Aristotle, which were then in fashion. (shrink)

Karl Marx has been portrayed in equal measure both as a political prophet who foresaw the end of capitalist exploitation, and as a populist Anti- Christ whose totalitarian legacy has cost millions of lives worldwide. This new biography looks beyond these caricatures in order to understand more about the real Karl Marx; about his everyday life and personal circumstances as well as his political ideology. The book tells the life story of a man of ideas, showing how his political and (...) economic thought developed alongside his life and practical work. Vincent Barnett seeks to paint Karl Marx not as a static, unwavering character, but as a man whose beliefs developed dynamically over time. The book explores his personal background, and problems of personal income and family health. It also examines the influence of Hegel's methods on Marx's work, and his relationship with Engels. This lively, up to date guide to the life of Karl Marx provides an excellent starting point for students in history, politics and philosophy, and for all those with an interest in Marxism and political ideas. (shrink)

AIDS and the Politician’s Right to Privacy.

A Gerwithian Framework for Protecting the Basic Human Rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) People.

In this article, I argue that public education should provide a constructive forum for discussing aspects of lesbian and gay lifestyles in both primary and secondary schools. My argument is that such action is necessary to offset the way the dominant culture limits the capacities of gays and lesbians to achieve human self-fulfillment. In making this argument, I recognize that I am going beyond merely promoting social tolerance to legitimizing an actual place for discussion of the needs and interests of (...) gays and lesbians in the society at large. The principles I will apply to make this argument are not specifically situated in legal philosophy (concerning the nature of law and its evaluation), but rather, principles of normative political philosophy (concerning ethical justifications of governmental institutions) as we might find in the Universal Declaration of Human Rights adopted by the UN in 1948. (shrink)

A Moral Justification for Gay and Lesbian Civil Rights Legislation.

Is the current state of international governance by the United Nations and related organizations a preface to what eventually might become a world government? Is it at all similar to what was the structure of government in the United States after the adoption of the Articles of Confederation in 1781 and before adoption of the Constitution of 1787? Are changes in the way international institutions like the United Nations operate related to changes in our conceptions of the role of these (...) institutions in providing international governance? When governmental institutions prove to be too weak to adequately perform the tasks expected of them is there a natural evolution toward greater centralization of power? If so, might an early sign of this evolution be decisions by public officials that afford greater deference to the decrees of international institutions that previously might have been sidestepped? (shrink)

At the Intersection of Due Process and Equal Protection: Expanding the Range of Protected Interests.

More than thirty-four years after the United States Supreme Court initially recognized a woman’s constitutional right to choose whether or not to terminate a pregnancy (at least within the first two trimesters) in its landmark abortion decision Roe v. Wade, the issue of whether women ought to have this right continues to affect public debate. Presidential candidates are asked about the issue, and potential Supreme Court nominees and their prior judicial decisions, academic writings, and speeches are thoroughly scrutinized for any (...) inkling of how they would likely rule in a future case on the issue. Perhaps even more important is the way the debate over this issue has impacted federal funding for stem cell research in the United States. Because of moral concerns regarding the personhood status and level of dignity owed to the human embryo as a form of human life, in September of 1999, the National Bioethics Advisory Commission recommended against providing federal funding for the use and derivation of embryonic stem (ES) cells and embryonic germ (EG) cells except when obtained from “cadaveric fetal tissue” or “embryos remaining after infertility treatment.” In this article, I will suggest that the abortion debate and its offshoots into embryonic medical research persist because of a failure to properly separate human personhood from human biology. I will argue further that a proper analysis of the problem will not only enlighten the abortion and fetal tissue research debate, but will have implications for end-of-life issues as well. (shrink)

Is there an independent legal method separate from the political process for handling a constitutional amendment that may be inconsistent with, or contrary to, the basic structure and rights the Federal Constitution currently inaugurates, or are courts stuck with having to accept the amendment on its face? This problem is not unique to the United States. Nor is it the same problem as whether a state constitutional amendment may violate the Federal Constitution. While I initially focus on the U.S. Constitution, (...) I plan, before the end of this piece, to broaden out to other national constitutions as well, and certainly some of the arguments might also apply to state constitutional amendments, as we see with the controversy over the constitutionality of California’s Proposition 8. In this vein, it will make sense to consider cases from other nations, like Kesavananda Bharati v State of Kerala, in which the Supreme Court of India held that the judiciary could strike down amendments to the constitution passed by Parliament that conflict with the constitution’s “basic structure.” The U.S. Supreme Court has never addressed what constitutes the basic structure of the U.S. Constitution. This is the question addressed in this article. (shrink)