This article analyzes the following matters: law in modern democracy according to Habermas; discursive theory of law; the role and importance of the relationship between democracy and a state of rights, the concept of liberty related with a coercive character and the relation between positive ..

El siguiente artículo aborda la hegemonía que se ciñe sobre Colombia, mediante un punto de vista político que analiza el poder que ejerce la burguesía internacional y burguesía subordinada nacional sobre las clases subalternas y en particular la clase trabajadora colombiana. Se reflexiona sobre el l..

Resumen. A la Sociedad Cooperativa, se le distingue por ser una sociedad mercantil con ciertas particularidades a diferencia de los demás tipos de sociedades, tan es así que se rige por su legislación especial. En los últimos años en México, se ha detectado un incremento de sociedades cooperativas dedicadas al suministro de personal, toda vez que el esquema fue considerado por algunos especialistas fiscales como una alternativa para las empresas que buscan disminuir sus cargas impositivas derivadas de las relaciones laborales. (...) Dicho esquema básicamente consiste en transferir a los trabajadores de las empresas a la sociedad cooperativa, los cuales al ser registrados como socios, las remuneraciones que estos perciben son bajo el concepto de previsión social; en lugar de salarios evitando así la retención y pago del Impuesto Sobre la Renta correspondiente. Con motivo de lo anterior, en la presente investigación se analizan y califican los aspectos más relevantes del asunto.Palabras claves. Sociedad cooperativa, evasión fiscal, outsourcing, previsión social.. A cooperative society is distinguished as a corporation with certain features unlike other types of companies, so much so that is governed by a special legislation. In recent years Mexico has seen an increase of cooperative societies dedicated to supply services, since the scheme was considered by some experts as an alternative tax for companies seeking to lower their tax burdens resulting from relations. This scheme basically consists of transferring workers from companies to the cooperative, which when registered as members the remuneration that they perceive are under the concept of social welfare, instead of avoiding wage withholding and payment of VAT Income for. On the occasion of the above, this research analyzes and scored the most relevant aspects of the case. (shrink)

Aiming at a better understanding of the extent to which Africa-focused research has helped develop context-bound, context-specific, and context-free knowledge, the authors present the findings from a literature review of journal articles with an African context. A systematic search resulted in 271 articles with African data and 139 Africa-focused articles published in 63 top business journals and related disciplines from 2010 onwards. The sample included all journals belonging to the University of Texas Dallas and Financial Times research rankings, as well (...) as the main international business, and business and society outlets. An in-depth analysis of the 139 Africa-focused articles shows an important imbalance in terms of publication patterns, topics covered, theoretical groundings, types of contributions, approaches to the African contexts, and empirics. Building on this exhaustive literature review, the authors provide specific suggestions regarding potential data sources and empirical strategies in African contexts, propose avenues for future research, and introduce four recent studies included in the special issue. (shrink)

The question I address in this paper is whether and under what conditions it is morally right to bring a person into existence. I defend the commonsensical thesis that, other things being equal, it is morally wrong to create a person who will be below some threshold of quality of life, even if the life of this potential person, once created, will nevertheless be worth living. However commonsensical this view might seem, it has shown to be problematic because of the (...) so-called 'Non-Identity Problem'. Both utilitarian and rights-based approaches have been unable to provide a solution to this problem. I rest my thesis on two premises: that causing a disability or impairment in a future person is prima facie wrong, so long as we can avoid causing such a disability to that very person; and that reproduction, under normal conditions, is prima facie morally indifferent. From these two premises, I conclude that it is prima facie wrong to bring into existence a person with a non-trivial disability or impairment (which might be, nonetheless, compatible with a worthwhile life), even if the only available alternative is to remain childless. (shrink)

Social systems are always exposed to critical processes in which their organization, or part of it, is questioned by the society that demands solutions through different critical saliences. The traditional approach to such social crises has mainly focused on their anticipation and management, implying that the focus is on trying to deal with crises once they occur, rather than delving in their essential characteristics that seemingly depend on the adaptive nature of the system and the increase in its internal complexity. (...) To address this issue, we propose a dual approach that utilizes both qualitative and quantitative methods in order to delve into the relationship between the complexity of the social system, its adaptation, and critical episodes. Our analysis shows how an explosive economic growth affects a social system, increasing its complexity. This complexity produces different demands from the system itself. These demands manifest signatures of complexity such as a heterogeneous and rich social structure, which emerges during moments when the society acts strongly. (shrink)

We leverage insights and theories from the extensive inter-firm alliance literature to explore the effect of the sector of the partners on Firm-NGO (B2N) alliance governance. Our analysis suggests that the sector of the partners has an important impact on alliance governance, not only because it constrains the availability of some governance mechanisms but also because it makes alternative mechanisms available or relevant to the partners. Specifically, we predict that B2N alliances will rely on contracts, a restricted scope, and non-equity (...) hostages, such as reputational hostages and stakeholder involvement, rather than equity, leading to limited protection against opportunism. As a consequence, B2N alliance partners will need to rely on trust-based governance mechanisms to a greater extent than B2B alliance partners, although trust will be harder to build in B2N alliances. (shrink)

: The question I address in this paper is whether there is a version of mental state welfarism that can be coherent with the thesis that we have a legitimate concern for non‐experiential goals. If there is not, then we should reject mental state welfarism. My thesis is that there is such a version. My argument relies on the distinction between “reality‐centered desires” and “experience‐centered desires”. Mental state welfarism can accommodate our reality‐centered desires and our desire that they be objectively (...) satisfied. My general strategy is, at the level of the value theory, somewhat analogous to the strategy that indirect consequentialism applies at the level of moral obligation theory. To test my argument, I appeal to Nozick's well‐known example of the Experience Machine. (shrink)

Most people (and philosophers) distinguish between performing a morally wrong action and being blameworthy for having performed that action, and believe that an individual can be fully excused for having performed a wrong action. My purpose is to reject this claim. More precisely, I defend what I call the "Dependence Claim": A's doing X is wrong only if A is blameworthy for having done X. I consider three cases in which, according to the traditional view, a wrong action could be (...) excused: duress, mental illness, and mistake. I try to show that the reasons for excusing in either case are not relevantly distinguishable from the reasons for claiming that the prima facie wrong action is not wrong all things considered. (shrink)

We leverage insights and theories from the extensive inter-firm alliance literature to explore the effect of the sector of the partners on Firm–NGO alliance governance. Our analysis suggests that the sector of the partners has an important impact on alliance governance, not only because it constrains the availability of some governance mechanisms but also because it makes alternative mechanisms available or relevant to the partners. Specifically, we predict that B2N alliances will rely on contracts, a restricted scope, and non-equity hostages, (...) such as reputational hostages and stakeholder involvement, rather than equity, leading to limited protection against opportunism. As a consequence, B2N alliance partners will need to rely on trust-based governance mechanisms to a greater extent than B2B alliance partners, although trust will be harder to build in B2N alliances. (shrink)

In this article I explore a kind of tragic choice that has not received due attention, one in which you have to save only one of two persons but the probability of saving is not equal (and all other things are equal). Different proposals are assessed, taking as models proposals for a much more discussed tragic choice situation: saving different numbers of persons. I hold that cases in which (only) numbers are different are structurally similar to cases in which (only) (...) probabilities are different. After a brief defense of this claim, I conclude that some version of consequentialism seems more promising for offering a plausible solution to the probability case. (shrink)

Genetic research in human beings poses deep ethical problems, one being the problem of distributive justice. If we suppose that genetic technologies are able to produce visible benefits for the well being of people, and that these benefits are affordable to only a favored portion of society, then the consequence is obvious. We are introducing a new source of inequality. In the first section of this paper, I attempt to justify some concern for the distributive consequences of applying genetics to (...) human beings. This concern transcends a mere preoccupation for material equality. I argue that genetic inequality can undermine the very basis of social cooperation, at least regarding health care. The second section is more practical. My aim is to defend how, at least in some legal and cultural frameworks , the undesired distributive consequences of genetics are more likely to arise and more difficult to avoid. (shrink)

My aim in this paper is to provide an effective counterexample to consequentialism. I assume that traditional counterexamples, such as Transplant and Judge, are not effective, for two reasons: first, they make unrealistic assumptions and, second, they do not pass the rule‐consequentialist institutional test. My example, instead, assumes a realistic empirical framework and the relevant action does not undermine basic social institutions. On the contrary, it reinforces them. In The Moral Murderer, Tom is morally allowed to murder a person in (...) order to be punished to death. (shrink)

One thousand four-hundred thirty Portuguese psychologists answered a questionnaire that had been designed in order to ascertain the level of acceptability of a set of proposed ethical principles, which subsequently served as a basis for the Portuguese Psychologists’ Ethics Code. On the one hand, the results show that, as expected, the ethical principles rated high on the evaluation scale. On the other hand, the results also highlighted the need for a formal regulation of the practice of psychology in Portugal, especially (...) in view of participants’ noticeable failure to recognize the importance of the principle of professional integrity. The responsibility of psychologists in modern societies is huge. As such, the large number of different training programs in Portugal, and the implied lack of a strong professional identity, is a cause of concern. The creation of a professional association allows an external identification of the profession in terms of aims and methods. The main goal of such an association is to promote public trust and enhance public demand. The results also indicate that training and experience lead to a higher valorization of ethical principles, and this is an insight that will be of great importance to the professional practice of psychology. (shrink)

We all agree on the justification of defending ourselves or others in some situations, but we do not often agree on why. Two main views compete: subjectivism and objectivism. The discussion has mainly been held in normative terms. But every theory must pass a previous test: logical consistency. It has recently been held that, at least in the case of defending others from aggression, objective theories lead, in some situations, to normative contradiction. My aim is to challenge the idea that (...) only objective theories have this uncomfortable feature. In fact, any plausible theory justifying the defense of others, whether subjectively or objectively, can lead to situations of normative inconsistency. Therefore, the logical test is not the most fitting one for choosing between different theories of private defense. (shrink)

Ethical principles are fundamental for the exercise of any profession. Portuguese psychologists have waited for 30 years for professional validation. This paper will define the Portuguese psychologists’ ethical principles, with a universal view as a starting point and then an adaptation to the cultural and professional reality in Portugal. The level of acceptability of these principles will be ascertained in a later paper.

Nozick's well-known Experience Machine argument can be considered a typically successful argument: as far as I know, it has not been discussed much and has been widely seen as conclusive, or at least convincing enough to refute the mental-state versions of utilitarianism. I believe that if his argument were conclusive, its destructive effect would be even stronger. It would not only refute mental-state utilitarianism, but all theories considering a certain subjective mental state as the only valuable state. I shall call (...) these theories "mental state welfarist theories." I do not know whether utilitarianism or, in general, mental-state welfarism is plausible, but I doubt that Nozick's argument is strong enough to prove that it is not. (shrink)

Nowadays decision making is strongly supported by the high-confident point estimations produced by deep learning algorithms. In many activities, they are sufficient for the decision-making process. However, in some other cases, confidence intervals are required too for an appropriate decision-making process. In this work, a first attempt to generate point estimations with confidence intervals for the $^{222}$Rn radiation level time series at Canfranc Underground Laboratory is presented. To predict the low-radiation periods allows correctly scheduling the unshielded periods for maintenance operations (...) in the experiments hosted in this facility. This should minimize the deposition of radioactive dust on the exposed surfaces during these unshielded periods. An approach based on deep learning with stochastic regulation is evaluated in the forecasting of point estimations and confidence intervals of the $^{222}$Rn time series and compared with a second approach based on Gaussian processes. As a consequence of this work, an evaluation of the capacity of Gaussian process and deep learning with stochastic regularization for generating point estimations and their confidence intervals for this time series is stated. (shrink)

Este documento ofrece una propuesta desde la perspectiva de la bioética para la elaboración de un protocolo de triaje en el contexto de la pandemia de COVID-19. Dicha propuesta incluye recomendaciones sobre las normas procedimentales y normas sustantivas que deben regir la asignación y reasignación de recursos terapéuticos en condiciones de escasez extrema.

In this paper, I discuss exploitative transactions in bioethics. Examples of this kind of transactions allegedly include, among others, commercial surrogacy, organ selling, and research with human subjects in developing countries. The most problematic kind of exploitation is what Allan Wertheimer calls “mutually advantageous exploitation:” the weak party’s consent for the transaction is an effective and rational consent. Moreover, W does not suffer any harm by the transaction; on the contrary, the transaction benefits W. My aim in this paper is (...) twofold. From the perspective of individual ethics, I offer a model to understand the nature of the wrongfulness of the strong party’s action. And from the perspective of legal ethics, I suggest some reasons to believe that the prohibition of beneficial exploitative contracts is problematic and can only be justified in very exceptional cases. (shrink)

La pregunta que exploro en este trabajo es si la injusticia social puede socavar la autoridad moral de la sociedad para castigar al que delinque. La respuesta a esta pregunta depende esencialmente de cuál sea la teoría justificatoria del castigo penal de la que se parte. Analizo diversas teorías de la pena, entre ellas la teoría consensual de Carlos Nino. Mi objetivo es explorar de qué modo las diferentes teorías de la pena enfrentan el desafío que plantea la pregunta y (...) extraer algunas conclusiones tentativas de ese recorrido. The question I address in this paper is whether social injustice can undermine the moral authority of society to punish criminals. The answer to this question crucially depends on the underlying justificatory theory of punishment. I consider several theories, among them the consensual theory proposed by Carlos Nino. My aim is to explore how different theories of punishment address the challenge and to draw some tentative conclusions. (shrink)

Este texto se recomprende la noción escolástica de verdad como adecuatio intellectus et rei a la luz de la la interpretación heideggeriana como ¿develación¿. Para ello se siguen tres momentos al hilo de tres preguntas: ¿en qué consiste esta adecuación?, ¿en qué sentido el intelecto y la cosa pensda se parecen? y ¿cuál es la esencia de la verdad?

The question I address in this article is whether it is morally wrong for a lawyer to represent a client whose purpose is immoral or unjust. My answer to this question is that it is wrong, prima facie. This conclusion holds, even accepting certain traditional principles of lawyer's professional ethics, such as the right of defence and the so-called principle of ‘adversarial’ litigation. Both the adversarial system and the right of defence are sufficient to support or justify the right of (...) potential clients to defend their interests in the judicial system and to do so with the technical assistance of a lawyer. This right includes a right to pursue unjust or immoral purposes. However, having a right to do X does not mean that it is morally permissible to do X. We can have a right to do something morally wrong. This being so, the fundamental moral reason for a lawyer not to accept representation for a client with an immoral purpose is that it is, prima facie, morally wrong to help someone do something wrong. (shrink)

Bioethics embraces a number of ethical problems connected to medicine, biomedical research, and health law. Most of these have both a universal dimension and a more particular one. Reproductive rights, exploitation, commodification, biomedical research, and the protection of the environment, among others, are issues that can be discussed from a universal perspective.

Two basic kinds of communitarians are discriminated. Weak communitarians reject only the liberal metaethical theses that I call universalism and neutralism, but endorse liberal norms and institutions at the normative level. Strong communitarians condemn liberalism at both levels: they reject not only universalism and neutralism, but also substantive liberal norms defending communitarian values. This article intends to show certain internal paradoxes of these two versions of communitarianism.

I try to show that Steiner's theory has very implausible normative consequences since it does not accept the prima facie character or rights. This theory is unable to solve the conflicts of interests in which the only intuitively plausible solution consists in overriding someone's rights.

This article discusses what could be called “the adventure of translating” Sein und Zeit in Spanish. It argues that every translation is an adventure, and particularly the translation of a philosophical text. A translation does not literally reproduce into another language what an author or philosopher affirms. The question is instead to express it in the most accurate form with the resources of the translator’s language, in such a way that the text may sound as if it was written in (...) the language to which it is to be translated. This article refers to the very long route that the author had to go over in order to make Sein und Zeit “speak” a good and clear Spanish. (shrink)

Resumen: La problematización de la relación entre individuo y sociedad ha atravesado la historia de las ciencias sociales. El objetivo de este escrito es mostrar la originalidad de los planteamientos de Freud sobre el tópico, a través de un análisis comparativo con las aproximaciones propias de las corrientes socioantropológicas de la escuela de Cultura y Personalidad y de la Sociología Francesa. Nuestra investigación se basó en un análisis bibliográfico tanto de algunos textos socioantropológicos claves sobre dicho debate, como de la (...) producción freudiana pertinente. La interpretación del material freudiano se organizó según tres tópicos: a) la afirmación de la determinación simbólica del síntoma, b) la borradura metodológica de la distinción individuo sociedad, y c) la teorización de una eficacia mítica, transindividual y transhistórica. Concluimos subrayando los aportes del pensamiento de Freud a la discusión: la afirmación de la determinación simbólica ofrece las condiciones para la superación de la relación de externalidad entre el polo del individuo y el de la sociedad, y el consecuente rechazo a una relación especular entre ambos. (shrink)

Resumen: La problematización de la relación entre individuo y sociedad ha atravesado la historia de las ciencias sociales. El objetivo de este escrito es mostrar la originalidad de los planteamientos de Freud sobre el tópico, a través de un análisis comparativo con las aproximaciones propias de las corrientes socioantropológicas de la escuela de Cultura y Personalidad y de la Sociología Francesa. Nuestra investigación se basó en un análisis bibliográfico tanto de algunos textos socioantropológicos claves sobre dicho debate, como de la (...) producción freudiana pertinente. La interpretación del material freudiano se organizó según tres tópicos: a) la afirmación de la determinación simbólica del síntoma, b) la borradura metodológica de la distinción individuo sociedad, y c) la teorización de una eficacia mítica, transindividual y transhistórica. Concluimos subrayando los aportes del pensamiento de Freud a la discusión: la afirmación de la determinación simbólica ofrece las condiciones para la superación de la relación de externalidad entre el polo del individuo y el de la sociedad, y el consecuente rechazo a una relación especular entre ambos.: The relation between individual and society has been a main topic across the history of social sciences. The aim of this paper is to show the originality of Sigmund Freud's ideas about the topic, through a comparative analysis with the approaches of the socio-anthropological currents of the school of Culture and Personality and of French Sociology. Our research was based on a bibliographical analysis of some key socio-anthropological texts on this debate, as well as the relevant Freudian production. The interpretation of the Freudian material was organized according to three topics: a) the affirmation of the symbolic determination of symptoms, b) the methodological erasure of the individual society distinction, and c) the theorization of a mythical, transindividual and transhistorical efficacy. We conclude by emphasizing the contributions of Freud's thought to the discussion: the affirmation of symbolic determination offers the conditions for overcoming the externality relation between the pole of the individual and that of society, and the consequent rejection of a specular relationship between the two. (shrink)

The aim of this article is to analyse the semantics that has acquired the fear’s symbolism in the culture of Chilean Pentecostalism. By means of the revision and analysis of bibliographic information, we will show how the figure of fear is revealed in the images of hell, the Devil and God. Then we will provide an interpretation of the symbolic peculiarity of fear, which seems to operate as a kind of master symbol of Pentecostalism, not only because it is one (...) of the most important symbols of this culture, but because its polysemy helps to attract the attention of the believers. This would allow it to gather a wide range of paradoxical meanings and to thematize the distinction between transcendence and immanence, and also to facilitate the transmission of one image of fear with a clear deontological and exemplary function for its believers. In order to achieve this, the symbol of fear uses resources from the historical, social and cultural context. (shrink)