This article puts forward solutions to some of the ethical and legal dilemmas posed in the current discussion on how to program crash algorithms in autonomous or self-driving cars. The first part of the paper defines the scope of the problem in the criminal legal field, and the next section gives a critical analysis of the proposal to always prioritise the interest of the occupant of the vehicle in situations with conflict of interests. The principle of minimizing social damage as (...) a model for configuring self-driving cars is examined in the third section. Despite its apparent plausibility, within the framework of a liberal legal system that recognises humans as free agents who have rights and responsibilities, maximizing the function of social utility does not justify harmful interference into a person’s legal sphere. Therefore, in the fourth part, the author argues the need to program the crash algorithms of autonomous cars based on a deontological understanding of the system of justifications in criminal law. The solution to the dilemma lies in a prior analysis of the legal positions of all agents involved in the conflict, from a perspective of the principles of autonomy and solidarity as the core of the system of justifications. (shrink)

Journal of Applied Philosophy, EarlyView.

Este artículo está escrito para una colección de ensayos introductorios sobre filosofía de las ciencias cognitivas. Es una revisión (selectiva) de la literatura sobre la psicología del juicio moral.

The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars, have reduced its margin of application to practically zero, since in the framework of contemporary welfare states, there is almost always a “legal alternative.” The needy person who acts on their own behalf, regardless of whether they save an interest higher than the one they injure, does not show due deference to democratic legal solutions and procedural (...) channels. This article aims to contest this abrogative interpretation of the necessity defense and to outline the limits of its legitimate scope. Even in welfare states, there are actions in a necessity scenario that neither question the legal decisions of the democratically elected legislature nor make a mockery of established procedural channels. (shrink)

Faced with the inaction of liberal democracies to effectively tackle global warming, many climate activists engage in forms of protests that involve committing minor criminal offences. They seek to shape official decisions on climate policies by resorting to civil disobedience. Some of these activists, rather than accepting punishment, have successfully claimed to be acting in a justified manner by invoking the necessity defence. The aim of this article is to show that, within the framework of representative democracies guided by the (...) rule of law, the climate necessity defence must be rejected, since such protests do not meet the ‘non-legal alternatives’ requirement. This does not mean, however, that protesters should be punished as common offenders. Their acceptance of responsibility and political motivation should be taken into account as a mitigating factor at sentencing. (shrink)

Germany is joining a long list of European democracies that have modified or expressed a willingness to modify their citizenship laws to denationalize first and then prevent the return of or expel those citizens accused of having participated in terrorist activities abroad. The formal labelling of citizenship deprivation as an administrative measure outside the scope of criminal justice has prevented scholars of criminal law from undertaking a thorough scrutiny of its legitimacy. In this paper I seek to fill this gap. (...) Specifically, after demonstrating why deprivation of citizenship is a measure of a criminal nature, I argue against its legitimacy, either as a punishment or as a risk-based measure. Instead I propose that we should understand citizenship deprivation as a paradigmatic response from an illegitimate enemy criminal law. Notwithstanding the foregoing, I claim that states that choose to denationalize terrorists should do it within the framework of a process with the highest (criminal procedural) guarantees. (shrink)

El aumento en la producción y consumo de frutas y hortalizas mínimamente procesadas de los últimos años ha con­tribuido a incrementar las toxiinfecciones alimentarias asociadas al consumo de productos vegetales frescos. Esto es debido a que los tratamientos desinfectantes llevados a cabo actualmente por industria de IV gama son insuficientes para garantizar la seguridad microbiológica de los productos finales, y además estos no reciben ningún tratamiento capaz de eliminar todos los patógenos antes de su consumo. Por lo tanto, es necesario (...) utilizar estrategias al­ternativas para reducir los microorganismos patógenos y alteran­tes en frutas y hortalizas. La bioconservación, mediante el uso de microorganismos o sus metabolitos, es una alternativa que, en combinación con las prácticas habituales, puede reducir o prevenir el crecimiento de patógenos en productos mínimamente procesa­dos, mejorando su calidad microbiológica. En este artículo se pre­sentan los resultados más relevantes sobre la bioconservación de frutas y hortalizas mínimamente procesadas. (shrink)

Resumo: Meu objetivo aqui é indagar como devemos entender a literatura das sagas, textos em prosa islandeses da Idade Medía; O ápice da produção de sagas ocorreu entre a segunda metade do século XIII e a primeira metade do XIV. Estou interessado de modo geral na representação que essas sagas produziram a respeito do período alto-medieval dos “vikings”, onde frequentemente sucede a ação contida em seus relatos; e pontualmente, na figura dos pagãos e dos magos do período pré-cristão ali apresentada.

Among the advocates of expressive theories of punishment, there is a strong consensus that monetary fines cannot convey the message of censure that is required to punish serious crimes or crimes against the person. Money is considered an inappropriate symbol to express condemnation. In this article, I argue that this sentiment is correct, although not for the reasons suggested by advocates of expressivism. The monetary day-fine should not be understood as a simple deprivation of money, but as a punishment that (...) reduces the offender’s capacity to consume for a certain period of time. Conceived in this manner, I argue that it is perfectly suitable to convey censure. However, the practical impossibility of ensuring that the person who pays the fine is the same person who has been convicted of the offense seriously undermines the acceptability of the monetary fine as an instrument of censure. Minimizing the risk of the fine’s hard treatment being transferred to third parties is a necessary condition for the monetary fine to be considered a viable alternative to lengthy prison sentences. (shrink)

Ciencias sociales : saberes coloniales y eurocéntricos / Edgardo Lander / - Europa modernidad y eurocentrismo / Enrique Dussel / - La colonialidad a lo largo y a lo ancho : el hemisferio occidental en el horizonte colonial de la modernidad / Walter D. Mignolo / - Naturaleza del poscolonialismo : del eurocentrismo al globocentrismo / Fernando Coronil / - El lugar de la naturaleza y la naturaleza del lugar : ¿globalización o postdesarrollo? / Arturo Escobar / - Ciencias sociales, (...) violencia epistémica y el problema de la invención del otro / Santiago Castro-Gómez / - Superar la exclusión, conquistar la equidad : reformas, políticas y capacidades en el ámbito social / Alejandro Moreno / - Abrir, impensar, y redimesionar las ciencias sociales en América Latina y el Caribe. ¿Es posible una ciencia social no eurocéntrica en nuestra región? / Francisco López Segrera / - Colonialidad del poder, eurocentrismo y América Latina / Aníbal Quijano. (shrink)

El presente artículo propone un modelo de análisis para orientar el discernimiento y posicionamiento en torno al uso de la IA en educación superior. Analizaremos los cuatro posibles usos de la IA que más incidencia tendrán en esta si se considera el actual desarrollo de esta tecnología. Ellos son: la co-construcción de conocimiento, el uso de IA para tutoría o mentoreo, el auge de las plataformas adaptativas y la capacidad predictiva. Propondremos un ejercicio de análisis para cada uso apelando a (...) algunas de las dimensiones del modelo propuesto para orientar sobre su utilización. El resultado es fecundo, en tanto advierte sobre el riesgo de parcializar el análisis perdiendo de vista las implicancias y los compromisos más profundos que exige el discernimiento sobre el uso de la IA. (shrink)

This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.

In _Basic Concepts_, Heidegger claims that "Being is the most worn-out" and yet also that Being "remains constantly available." Santiago Zabala radicalizes the consequences of these little known but significant affirmations. Revisiting the work of Jacques Derrida, Reiner Schürmann, Jean-Luc Nancy, Hans-Georg Gadamer, Ernst Tugendhat, and Gianni Vattimo, he finds these remains of Being within which ontological thought can still operate. Being is an event, Zabala argues, a kind of generosity and gift that generates astonishment in those who experience (...) it. This sense of wonder has fueled questions of meaning for centuries-from Plato to the present day. Postmetaphysical accounts of Being, as exemplified by the thinkers of Zabala's analysis, as well as by Nietzsche, Dewey, and others he encounters, don't abandon Being. Rather, they reject rigid, determined modes of essentialist thought in favor of more fluid, malleable, and adaptable conceptions, redefining the pursuit and meaning of philosophy itself. (shrink)

In this paper I tried to find a harm based solution to the non-identity problem. I explore the view upon which future persons are harmed if we prevent them from having what it is required by the Principle of Utility.

The emergency of aesthetics -- Measurable contemplations -- Indifferent beauty -- Emergency through art -- Social paradoxes -- Urban discharges -- Environmental calls -- Historical accounts -- Emergency aesthetics -- Anarchic interpretations -- Existential interventions.

In this paper, we argue for an instrumental form of existence, inspired by Hilbert’s method of ideal elements. As a case study, we consider the existence of contradictory objects in models of non-classical set theories. Based on this discussion, we argue for a very liberal notion of existence in mathematics.

First collected in Italy in 1985, _Art's Claim to Truth_ is considered by many philosophers to be one of Gianni Vattimo's most important works. Newly revised for English readers, the book begins with a challenge to Plato, Aristotle, Kant, and Hegel, who viewed art as a metaphysical aspect of reality rather than a futuristic anticipation of it. Following Martin Heidegger's interpretation of the history of philosophy, Vattimo outlines the existential ontological conditions of aesthetics, paying particular attention to the works of (...) Kandinsky, which reaffirm the ontological implications of art. Vattimo then builds on Hans-Georg Gadamer's theory of aesthetics and provides an alternative to a rationalistic-positivistic criticism of art. This is the heart of Vattimo's argument, and with it he demonstrates how hermeneutical philosophy reaffirms art's ontological status and makes clear the importance of hermeneutics for aesthetic studies. In the book's final section, Vattimo articulates the consequences of reclaiming the ontological status of aesthetics without its metaphysical implications, holding Aristotle's concept of beauty responsible for the dissolution of metaphysics itself. In its direct engagement with the works of Gadamer, Heidegger, and Luigi Pareyson, _Art's Claim to Truth_ offers a better understanding of the work of Vattimo and a deeper knowledge of ontology, hermeneutics, and the philosophical examination of truth. (shrink)

Theories of emotional justification investigate the conditions under which emotions are epistemically justified or unjustified. I make three contributions to this research program. First, I show that we can generalize some familiar epistemological concepts and distinctions to emotional experiences. Second, I use these concepts and distinctions to display the limits of the ‘simple view’ of emotional justification. On this approach, the justification of emotions stems only from the contents of the mental states they are based on, also known as their (...) cognitive bases. The simple view faces the ‘gap problem’: If cognitive bases and emotions (re)present their objects and properties in different ways, then cognitive bases are not sufficient to justify emotions. Third, I offer a novel solution to the gap problem based on emotional dispositions. This solution (1) draws a line between the justification of basic and non-basic emotions, (2) preserves a broadly cognitivist view of emotions, (3) avoids a form of value skepticism that threatens inferentialist views of emotional justification, and (4) sheds new light on the structure of our epistemic access to evaluative properties. (shrink)

This paper argues that habits, just like beliefs, can guide intentional action. To do this, a variety of real-life cases where a person acts habitually but contrary to her beliefs are discussed. The cases serve as dissociations showing that intentional agency is possible without doxastic guidance. The upshot is a model for thinking about the rationality of habitual action and the rationalizing role that habits can play in it. The model highlights the role that our history and institutions play in (...) shaping what actions become habitual for us. (shrink)

Philosophical accounts of moral responsibility are standardly framed by two platitudes. According to them, blame requires the presence of a moral defect in the agent and the absence of excuses. In this chapter, this kind of approach is challenged. It is argued that (a) people sometimes violate moral norms due to performance mistakes, (b) it often appears reasonable to hold them responsible for it, and (c) their mistakes cannot be traced to their moral qualities or to the presence of excuses. (...) In the end, the implications for discussions of moral responsibility are discussed. (shrink)

This paper introduces a body of research on Organizational Behavior and Industrial/organizational Psychology that expands the range of empirical evidence relevant to the ongoing character-situation debate. This body of research, mostly neglected by moral philosophers, provides important insights to move the debate forward. First, the OB/io scholarship provides empirical evidence to show that social environments like organizations have significant power to shape the character traits of their members. This scholarship also describes some of the mechanisms through which this process of (...) reshaping character takes place. Second, the character-situation debate has narrowly focused on situational influences that affect behavior episodically and haphazardly. The OB/io research, however, highlights the importance of distinguishing such situational influences from influences that, like organizational influences, shape our character traits because they are continuous and coordinated. Third, the OB/io literature suggests that most individuals display character traits that, while local to the organization, can be consistent across situations. This puts pressure on the accounts of character proposed by traditional virtue ethics and situationism and provides empirical support to interactionist models based on cognitive-affective processing system theories of personality. Finally, the OB/io literature raises important challenges to the possibility of achieving virtue, provides valuable and untapped resources to cultivate character, and suggests new avenues of normative and empirical research. (shrink)

Noël Carroll denies and Robert Stecker affirms that it is a necessary condition of aesthetic experience that it should be valued for its own sake. I make use of their controversy to argue for the psychological impossibility of discharging very common practices of art evaluation and analysis without undergoing an aesthetic experience valued for its own sake. By way of supporting my thesis and also making progress in Stecker and Carroll’s dispute about aesthetic experience, I analyse their methodological assumptions and (...) develop further our understanding of negative, indifferent and unexpected aesthetic experiences. The article provides a defence of Stecker’s position based on my contention regarding art evaluation and analysis. (shrink)

This paper intends to identify the functions of the French particle “comme” (“like” in opposition to “as”) and “comme si” (“as if”) in the work of French contemporary philosopher Jean-Luc Marion, especially in L’idole et la distance (American translation: The Idol and Distance), Dieu sans l’être (American translation: God without Being), Étant donné (American translation: Being given) and De surcroît (American translation: In excess). The author of this paper focuses on the relation between phenomenology and theology in order to demonstrate (...) its complexity by an analysis of linguistic phenomenology. At the end of this analysis, the “saturated phenomenon”, as proposed by Jean-Luc Marion, becomes an important notion to understand the boundaries of both disciplines, phenomenology and theology. (shrink)

In this paper we state that, up to now, scholars have read the Husserliana—that is Husserl’s official texts—only partially. This statement must be considered within the History of phenomenology and, more precisely, with-in the history of Husserlian studies: from Heidegger to Jean-Luc Marion, including Levinas, Ingarden, Sartre, Merleau-Ponty and so on, Husserl’s texts have been read only partially. With the exception of some analysis proposed by Derrida—or, nowadays, by Natalie Depraz or Elianne Escoubas—, and as far as I know, all (...) the interpretations of Husserl’s texts have considered them just as a support to ex-pose theories or to describe phenomena, but not in themselves, that is, not as texts. Our aim here is then to propose a new perspective to to phenomenalize Husserliana as a text and focus precisely on Husserl’s praxis of writing. Here we will develop specially an analysis of one mode of writing used in Husserl’s praxis of writing and called: bildliche Rede. We will finally compare the results of our analysis to Heidegger’s and Jean-Luc Marion’s praxis of writing.Podem afirmar que, fins avui, els in-vestigadors han llegit la Husserliana —és a dir, els textos de Husserl publicats de manera ofici-al— només parcialment. Cal considerar aquesta afirmació en el marc de la Història de la feno-menologia i, més precisament, en el marc de la història del estudis husserlians: des de Heidegger fins a Jean-Luc Marion —més de cent any de fenomenologia—, els textos de Husserl han estat considerats només com a suport per a exposar teories o descriure fenòmens, però no s’han considerat en ells mateixos, és a dir, no com a textos. Posant en pràctica l’acció de “llegir fenomenologia” en un nou sentit fort del verb “llegir”, aquest article comença identificant els diferents modes de la praxis d’escriptura de Husserl. Després ens concentrarem en un d’aquests modes d’enunciació, anomenat “bildliche Rede”, per desenvolupar així una història de la figurativitat. Finalment, esbossa-rem una breu comparació dels resultats amb la praxis d’escriptura de Heidegger i Marion. (shrink)

ABSTRACT In the 1960s, when Dr. Belding Scribner discovered how to accomplish the process of dialysis in a repeated way, he could not imagine that in solving such a problem others as or more difficult would appear. Given the technological progress and the impossibility of assisting all patients through the most modern methods, the medical doctor often finds himself faced with the moral dilemma of choosing which patient in the waiting list will receive the treatment. This same dilemma is amplified (...) in the case of organ transplants. Professionals, students, professors of the juridical and health fields, and the population in general, were interviewed as a means of documenting the moral concepts and opinions surrounding this problem. In the reality in which we find ourselves, it seems to us that deciding who lives, and the responsibility for all the events that culminate in such decisions, is still a subject left open to discussion. (shrink)

This paper defends a version of the Simple View, the claim that someone intentionally φs only if the person intends to φ. To do this, I raise a problem for Bratman’s classic argument (1984, 1987) against it. The problem brings into focus an evaluative dimension behind the View, whose recognition allows for an improved version of it. With this improved version, I then go on to answer other criticisms that have been raised to it.

Though coming from different and distinct intellectual traditions, Richard Rorty and Gianni Vattimo are united in their criticism of the metaphysical tradition. The challenges they put forward extend beyond philosophy and entail a reconsideration of the foundations of belief in God and the religious life. They urge that the rejection of metaphysical truth does not necessitate the death of religion; instead it opens new ways of imagining what it is to be religious -- ways that emphasize charity, solidarity, and irony. (...) This unique collaboration, which includes a dialogue between the two philosophers, is notable not only for its fusion of pragmatism and hermeneutics but also for its recognition of the limits of both traditional religious belief and modern secularism. In "Anticlericalism and Atheism" Rorty discusses Vattimo's work _Belief_ and argues that the end of metaphysics paves the way for an anti-essentialist religion. Rorty's conception of religion, determined by private motives, is designed to produce the gospel's promise that henceforth God will not consider humanity as a servant but as a friend. In "The Age of Interpretation," Vattimo, who is both a devout Catholic and a frequent critic of the church, explores the surprising congruence between Christianity and hermeneutics in light of the dissolution of metaphysical truth. As in hermeneutics, interpretation is central to Christianity, which introduced the world to the principle of interiority, dissolving the experience of objective reality into "listening to and interpreting messages." The lively dialogue that concludes this volume, moderated and edited by Santiago Zabala, analyzes the future of religion together with the political, social, and historical aspects that characterize our contemporary postmodern, postmetaphysical, and post-Christian world. (shrink)

Scholars who favor shareholder primacy usually claim either that managers should not fulfill corporate duties of beneficence or that, if they are required to fulfill them, they do so by going against their obligations to shareholders. Distinguishing between structurally different types of duties of beneficence and recognizing the full force of the normative demands imposed on managers reveal that this view needs to be qualified. Although it is correct to think that managers, when acting on behalf of shareholders, are not (...) required to fulfill wide duties of charity, they are nevertheless required to fulfill a variety of narrow duties of beneficence. What is more, the obligation to fulfill these duties arises precisely because they are acting on behalf of shareholders. As such, this article 1) refines our understanding of the duties of corporate beneficence and 2) helps to identify which duties of beneficence are imposed on managers when they are acting on behalf of shareholders. (shrink)

In this article I argue that a high capacity for courage, in the sense of the strength of character that enables one to face distress, angst or psychological pain, is required of Hume’s ideal critics just as the other well-known five characteristics are. I also explore the implications of my proposal for several aspects of Hume’s aesthetics, including the one brought into relief by Shelley’s interpretation of Hume along the lines of distinguishing between the perceptual and affective stages in aesthetic (...) appreciation. (shrink)

Through expert analysis, this text proves that John Dewey's views on efficiency in education are as relevant as ever. By exploring Deweyan theories of teaching and learning, the volume illustrates how they can aid educators in navigating the theoretical and practical implications of accountability, standardization, and assessment. The Contemporary Relevance of John Dewey's Theories on Teaching and Learning deconstructs issues regarding accountability mechanisms, uniform assessment systems, and standardization processes through a Deweyan lens. Connecting the zeitgeist of the era from which (...) Dewey's ideas emerged and current global political, social, and economic contexts, the book emphasizes the importance of resilient systems in reconciliating the tension between standardized assessments and individual student development. Contributors provide insights from a range of settings across Pre-K, primary, secondary, and higher education and address topics including teacher agency, voice, leadership, and democracy. The volume will be of interest to scholars, researchers, and academics with an interest in philosophy of education, education policy and the impact of neoliberal agendas, as well as teaching and learning more broadly. (shrink)

Questão fundamental nos debates da doutrina e da jurisprudência, este livro trata, de modo extremamente feliz e com grande êxito, da distinção entre princípios e regras. Para tanto, esmiúça a necessária clareza dos conceitos e os aspectos da garantia de sua aplicação e de sua efetividade.

This is a critical notice of Christos Kyriacou and Kevin Wallbridge (eds.), Skeptical Invariantism Reconsidered. New York and London: Routledge, 2021. Pp. x + 324. ISBN 978-0-367-37018-3. It discusses in some detail contributions by Nevin Climenhaga, Christos Kyriacou, Michael Hannon, Kevin Wallbridge, Annalisa Coliva, and Genia Schönbaumsfeld.