Uno de los temas centrales de la teoría penal contemporánea es la discusión a favor y en contra de la punición igualada de tentativas y delitos consumados. Este problema es comúnmente analizado desde la perspectiva de la suerte. La meta de los defensores de la punición igualada es erradicar a la suerte de los juicios de responsabilidad penal. Para hacerlo, antes deben diferenciar entre la suerte que afecta los resultados de las acciones y otras clases de suerte involucradas. Rivera López (...) trató de justificar tal límite en el campo de la moral, y si sus ideas pudieran trasladarse al reino del derecho penal podrían ser de gran ayuda para los partidarios de la punición igualada. Aquí trato de plantear algunas observaciones críticas a sus tesis y mostrar que, en última instancia, ellas no pueden dar apoyo a la postulación subjetivista. (shrink)

Nowhere has H.L.A. Hart's influence on philosophical jurisprudence in the English-speaking world been greater than in the way its fundamental project and method are conceived by its practitioners. Disagreements abound, of course. Philosophers debate the extent to which jurisprudence can or should proceed without appeal to moral or other values. They disagree about which participant perspective—that of the judge, lawyer, citizen, or “bad man”—is primary and about what taking up the participant perspective commits the theorist to. However, virtually unchallenged is (...) the view that jurisprudence is fundamentally interpretive or “hermeneutic”; that it takes for its subject a certain kind of social practice, constituted by the behavior and understandings of its participants; that its task is to explain this practice and its relations to other important social practices; and that it can properly be explained only by taking full account of participant understandings. It is, perhaps, some measure of the hegemony of Hart's influence that Ronald Dworkin mounts his fundamental challenge to Hart's positivism squarely from within this jurisprudential orthodoxy. Dworkin may have exceeded the limits of the method as Hart conceived it, but, as Stephen Perry has argued, “the seeds of Dworkin's strong version of inter-pretivism were sown by Hart himself.”. (shrink)

The philosopher John J. McDermott comes out of the long American tradition that takes the aim of philosophical inquiry to be interpretation of the open meanings of experience, so that we might all live fuller and richer lives. Here, the authors of these nine essays explore his highly original interpretations of philosophy's various questions about our shared existence. How are we to understand the nature of American culture and to carry forward its important contributions? What is the personal importance of (...) embodiment, of living in the realization of death? How does our physical and personal environment nourish bodies and spirits? What does the deliberate pursuit of a morality offer us? How can we carry forward the fundamental tasks of education to enable those who follow us to use our shared past to address their civic and spiritual problems? What are the possibilities for community? Together, these essays offer a clear, multi-layered understanding of the compelling vision that McDermott has presented over the years. In an Afterword, McDermott responds to the authors' queries and concerns, offering a restatement of his understanding of the American philosopher's task. These essays indicate, and McDermott's response confirms, that for him philosophy is not a purely cerebral activity. Philosophy is, rather, an intellectual means of exploring the fullness of human experience, and it functions best when it operates in the context of the broad sweep of the humanities. Similarly, for McDermott the self is no given substantial entity. On the contrary, it is relational, rooted geographically and socially in its place and its fellows, and damaged when these life-giving processes fail. Further, McDermott does not accept any ultimate canopy of meaning. The human journey is a personal project within which provisional meanings must be created to sustain our advance. (shrink)

In this essay I propose to offer some observations in due course on how Christian thought and practice in general might profit from a central theme in the theology of Rāmānuja, a Tamil Vaisnava Brahmin whose traditional date straddles the eleventh and twelfth centuries of the Christian era. The central theme I have in mind is expressed in Rāmānuja's view that the ‘world’ is the ‘body’ of Brahman or God. We shall go on to explain what this means, but let (...) me state first that my overall aim is to further inter-religious understanding, especially between Christian and Hindu points of view. In professing a concern for inter-religious dialogue I know that I reflect a longstanding interest of Professor H. D. Lewis. I shall seek to show that the Christian religion can profit both from the content and the method of Rāmānuja's body-of-God theology. To this end this essay is divided into two sections. Section I is the longer: it contains an analysis of what Rāmānuja did mean by his body-of-God theme – doubtless unfamiliar ground for most of the readers of this essay – and serves as a propaedeutic for what follows in section 2. In section 2 I shall attempt to ‘extrapolate’ Rāmānuja's thinking into a Christian context, with dialogue in mind. Section 2 cannot be appreciated for the promise I hope it holds out without the detail of the first section. (shrink)

Whilst Edward Gibbon's Memoirs of My Life comprise a notoriously complex document of autobiographical artifice, there is no reason to question the honesty of its revelation of his attitudes to geography and its relationship to the historian's craft. Writing of his boyhood before going up to Oxford, Gibbon commented that his vague and multifarious reading could not teach me to think, to write, or to act; and the only principle, that darted a ray of light into the indigested chaos, was (...) an early and rational application of the order of time and place. The maps of Cellarius and Wells imprinted in my mind the picture of ancient geography: from Stranchius I imbibed the elements of chronology: the Tables of Helvicus and Anderson, the Annals of Usher [ sic ] and Prideaux, distinguished the connection of events. . . This seems a fairly direct comment on Gibbon's attitude to geography as a historian in that it is confirmed by various of his working documents and commonplace book comments not aimed at posterity and by the practice embodied in his great work that was thus targeted, the Decline and Fall. Taking Gibbon's private documents, the first manuscript we have in his English Essays, for example, is a tabulated chronology from circa 1751 when Gibbon was fourteen years old, which begins with the creation of the world in 6000 BC and runs up to 1590 BC, this being exactly the sort of material which could be commonplaced from the likes of Ussher and Prideaux. Matching this attention to chronology is a concern with geography, and indeed the two are coupled together as in his comment in the Memoirs. Thus in his Index Expurgatoris, Gibbon berates Sallust as “no very correct historian” on the grounds that his chronology is not credible and that “notwithstanding his laboured description of Africa, nothing can be more confused than his Geography without either division of provinces or fixing of towns”. In this regard, Gibbon the author of the Decline and Fall was a “correct” historian, in that he was careful to frame each arena in which historical events were narrated in the light of a prefatory description of the geography of the location under discussion. This is most readily apparent in the second half of the opening chapter of the work, where Gibbon proceeds on what his “Table of Contents” calls a “View of the Provinces of the Roman Empire”, starting in the West with Spain and then proceeding clockwise to reach Africa on the other side of the Pillars of Hercules, a pattern of geographical description directly mirroring ancient practice in Strabo's Geography and Pomponius Mela's De Situ Orbis. But this practice of prefacing a historical account with geographical description repeats itself at various points in the work, as when, approaching the end of his grand narrative, Gibbon reaches the impact of “Mahomet, with sword in one hand and the Koran in the other” on “the causes of the decline and fall of the Eastern empire”. Before discussing the birth of Islam, Gibbon treats his readers to a discussion of the geography of Arabia, beginning with its size and shape before moving on to its soils, climate and physical–geographic subdivisions. (shrink)

In The Face of Emotions, which was Carroll Izard’s first major attempt at elaborating his differential emotions theory, he stated that the book “presents a theoretical framework for the study of emotions and their role in personality and interpersonal processes.” Yet, over the years, his contribution to personality theory has generally been overshadowed by the attention focused on his views on facial expressions and the structure of emotions. This article will begin with a brief overview of the DET perspective on (...) personality development. Then, it will examine how the DET framework can be used to organize recent findings from three lines of research on adult personality. It will conclude with suggestions for future research as well as some personal recollections. (shrink)

Galton and subsequent investigators find wide divergences in people's subjective reports of mental imagery. Such individual differences might be taken to explain the peculiarly irreconcilable disputes over the nature and cognitive significance of imagery which have periodically broken out among psychologists and philosophers. However, to so explain these disputes is itself to take a substantive and questionable position on the cognitive role of imagery. This article distinguishes three separable issues over which people can be "for" or "against" mental images. Conflation (...) of these issues can lead to theoretical differences being mistaken for experiential differences, even by theorists themselves. This is applied to the case of John B. Watson, who inaugurated a half-century of neglect of image psychology. Watson originally claimed to have vivid imagery; by 1913 he was denying the existence of images. This strange reversal, which made his behaviorism possible, is explicable as a "creative misconstrual" of Dunlap's "motor" theory of imagination. (shrink)

Students of Mill's political theory know that he was both a political reformer and a social philosopher. An important part of Mill's life involved political struggles over the electoral franchise and schemes of parliamentary representation, the legal and social emancipation of women, land law and economic policy, and freedom of speech and the press. When turning to his best known writings such as On Liberty, Considerations on Representative Government, Principles of Political Economy and The Subjection of Women, issues of reform (...) intrude at almost every point. Even his more philosophical writings— Utilitarianism, An Examination of Sir William Hamilton's Philosophy and System of Logic — can be seen as attacks on or supports for those theories of man and society which Mill sees as hindering or furthering ‘the improvement of mankind’. Moreover, Mill's subsidiary careers as a journalist, editor of the London and Westminster Review and member of parliament further demonstrate his commitment to political reform. (shrink)

Are persons substances or modes? Two currently dominant views may be characterized as giving the following rival answers to this question. According to the first view, persons are just biological substances. According to the second, persons are psychological modes of substances which, as far as human beings are concerned, happen to be biological substances, but which could in principle be non-biological. There is, however, also a third possible answer, and this is that persons are psychological substances. Such a view is (...) inevitably associated with the name of Descartes, and this helps to explain its current unpopularity, since substantial dualism of his sort is now widely rejected as ‘unscientific’. But one may, as I hope to show, espouse the view that persons are psychological substances without endorsing Cartesianism. This is because one may reject certain features of Descartes's conception of substance. Consequently, one may also espouse a version of substantial dualism which is distinctly non-Cartesian. One may hold that a person, being a psychological substance, is an entity distinct from the biological substance that is his or her body, and yet still be prepared to ascribe corporeal characteristics to this psychological substance. By this account, a human person is to be thought of neither as a non-corporeal mental substance, nor as the product of a mysterious ‘union’ between such a substance and a physical, biological substance. This is not to deny that the mind—body problem is a serious and difficult one, but it is to imply that there is a version of substantial dualism which does not involve regarding the ‘mind’ as a distinct substance in its own right. (shrink)

Robust Virtue Epistemology maintains that knowledge is achieved just when an agent gets to the truth through, or because of, the manifestation of intellectual virtue or ability. A notorious objection to the view is that the satisfaction of the virtue condition will be insufficient to ensure the safety of the target belief; that is, RVE is no anti-luck epistemology. Some of the most promising recent attempts to get around this problem are considered and shown to ultimately fail. Finally, a new (...) proposal for defending RVE as a kind of anti-luck epistemology is defended. The view developed here turns importantly on the idea that knowledge depends on ability and luck in a way that is gradient, not rigid, and that we know just when our cognitive success depends on ability not rather, but more so, than luck. (shrink)

Composition is the relation between a whole and its parts--the parts are said to compose the whole; the whole is composed of the parts. But is a whole anything distinct from its parts taken collectively? It is often said that 'a whole is nothing over and above its parts'; but what might we mean by that? Could it be that a whole just is its parts?This collection of essays is the first of its kind to focus on the relationship between (...) composition and identity. Twelve original articles--written by internationally renowned scholars and rising stars in the field--argue for and against the controversial doctrine that composition is identity. An editor's introduction sets out the formal and philosophical groundwork to bring readers to the forefront of the debate. (shrink)

Should a principle of charity be applied to the interpretation of the colour concepts exercised in visual experience? We think not. We shall argue, for one thing, that the grounds for applying a principle of charity are lacking in the case of colour concepts. More importantly, we shall argue that attempts at giving the experience of colour a charitable interpretation either fail to respect obvious features of that experience or fail to interpret it charitably, after all. Charity to visual experience (...) is therefore no motive for resisting the natural, Galilean response to a scientific understanding of light and vision. The best interpretation of colour experience ends up convicting it of widespread and systematic error. (shrink)

Cartesian arguments for global skepticism about the external world start from the premise that we cannot know that we are not in a Cartesian scenario such as an evil-demon scenario, and infer that because most of our empirical beliefs are false in such a scenario, these beliefs do not constitute knowledge. Veridicalist responses to global skepticism respond that arguments fail because in Cartesian scenarios, many or most of our empirical beliefs are true. Some veridicalist responses have been motivated using verificationism, (...) externalism, and coherentism. I argue that a more powerful veridicalist response to global skepticism can be motivated by structuralism, on which physical entities are understood as those that play a certain structural role. I develop the structuralist response and address objections. (shrink)

A number of recent works consider treating validity as a primitive notion rather than one defined in some standard manner. There seem to have been three motivations. First, to understand how truth and validity interact in potentially paradoxical settings. Second, to argue that validity is in fact afflicted with paradoxes analogous to the semantic paradoxes. Third, to develop a ‘deflationary’ conception of validity or consequence. This article treats the notion of validity as a primitive notion and shows how to provide (...) a consistent theory of classical validity (and self-applicative truth), conservative over Peano arithmetic. (shrink)

Engineering, as a complex and multidimensional practice of technology development, has long been a source of ethical concerns. These concerns have been approached from various perspectives. There are ongoing debates in the literature of the philosophy of engineering/technology about how to organize an optimized view of the values entailed in technology development processes. However, these debates deliver little in the way of a concrete rationale or framework that could comprehensively describe different types of engineering values and their multi-aspect interrelations in (...) real engineering practices. Approaching engineering values from a meaning-based perspective, as in this paper, can be a reliable method of tackling such a controversial problem. This paper therefore proposes that technology development be considered a systemic normative practice and attempts to provide a comprehensive view of various built-in values, their different origins and features, and a way of prioritizing them in real engineering processes. Studying two cases of the Zayandeh Rood Dam and the Abbasi Dam will lead to practical insights into how to understand norms in technology development and incorporate them into engineering practice. (shrink)

If metaphysics is centrally concerned with charting the domain of the possible, the only coherent account of the ground of metaphysical possibility and of our capacity for modal knowledge is to be found in a version of essentialism: a version that I call serious essentialism, to distinguish it from certain other views which may superficially appear very similar to it but which, in fact, differ from it fundamentally in certain crucial respects. This version of essentialism eschews any appeal whatever to (...) the notion of possible worlds in its account of the nature and ground of metaphysical possibility, for reasons that which I shall endeavour to explain and justify in this paper. (shrink)

The hermeneutical key to reading and interpreting the Gospel of Mark is the role which the Evangelist has given to the passion of Jesus as the primary perspective for understanding all the other traditions about Jesus incorporated in the Gospel.

The interpretation of modified PPs, like one meter behind the disk, far outside the village, or right under the lamp, has never received much attention in the literature about prepositions. However, as this paper shows, the modification of PPs presents an intriguing problem for a compositional semantics of PPs. This problem can be solved when the PP is interpreted, not as a set of points or mereological portions of space, but as a set of vectors, that represent positions relative to (...) the reference object. Modifiers map a set of vectors to a subset For example, if behind the desk denotes the set of vectors pointing backward from the desk, then one meter behind the desk denotes the subset consisting of those vectors that have a length of one meter. Given the familiar operations on vectors, the denotations of PPs can be studied in a systematic way, by formulating formal properties that characterize empirically relevant subclasses of locative PPs or that provide general constraints on their denotation. The examples are taken from Dutch, but the conclusions are valid for all languages that have the kind of PP modification that exists in Dutch and English. (shrink)

The concept of `governance' has become a central catchword across the social and political sciences. In Governing and Governance, Jan Kooiman revisits and develops his seminal work in the field to map and demonstrate the utility of a sociopolitical perspective to our understanding of contemporary forms of governing, governance and governability. A central underlying theme of the book is the notion of governance as a process of interaction between different societal and political actors and the growing interdependencies between the two (...) as modern societies become ever more complex, dynamic and diverse. Drawing upon a wide range of interdisciplinary insights, the book advances a comprehensive conceptual framework that seeks to capture the different elements, modes and orders of governing and governance. A series of useful distinctions are employed, for example, between self, `co', and hierarchical modes, and between first, second, or meta orders to illustrate the many different structures and levels of modern governance today. Theoretically rich and illuminating, Governing and Governance will be essential reading for all students and academics across the social and political sciences, public management and public administration. (shrink)

In this article, the author argues that we need to conceptualize gender as a social structure, and by doing so, we can better analyze the ways in which gender is embedded in the individual, interactional, and institutional dimensions of our society. To conceptualize gender as a structure situates gender at the same level of general social significance as the economy and the polity. The author also argues that while concern with intersectionality must continue to be paramount, different structures of inequality (...) have different constructions and perhaps different influential causal mechanisms at any given historical moment. We need to follow a both/and strategy to understand gender structure, race structure, and other structures of inequality as they currently operate while also systematically paying attention to how these axes of domination intersect. Finally, the author suggests we pay more attention to doing research and writing theory with explicit attention to how our work can indeed help transform as well as inform society. (shrink)