Reseña del libro: Miguel Saralegui, The Politics of Time. Introduction to Carl Schmitt’sPolitical Thought, Cantabria University Press, Santander, 2021, 273 pp.

Datos completos del libro reseñado:Bartolomé de Medina. El tratado “De dominio” en la Escuela de Salamanca, vol. III: Bartolomé de Medina, De dominio/Sobre el dominio, ed. Augusto Sarmiento, Colección de Pensamiento Medieval y Renacentista n. 173, Pamplona, Eunsa, 2017, 251 pp., ISBN: 9788431331795.

In the Spanish-Indian controversies, special attention was given to the subject of the education of the Indians, understood in a first approach as the necessary procedure to enable them to overcome their barbarianism, that is, to better adapt themselves to the natural law. This generated a philosophy of education which, in spite of being directly inspired by the circumstances of the Indians, nonetheless had permanent value by virtue of its anthropological soundness and its classical approach. This article deals with the (...) notions of barbarianism, education, natural law, and their interplay in the educational works of Bartolomé de las Casas and José de Acosta. (shrink)

Certain distinctively patristic and medieval features may be traced in Spanish-Renaissance thought, a tradition in which Aristotelianism played an otherwise dominant role. The study of these features may help to better understand the place of Hispanic thought in Renaissance intellectual history. I focus on one such a feature, providentialism, as it can be seen in two representative authors of sixteenth-century Spanish historiography. By discussing their differing providentialist views, and their motives for adopting them in each author’s historical and political circumstances, (...) it is argued that the zeal for justice constitutes a distinctive trait of Spanish-Renaissance thought. (shrink)

Background: Coronavirus disease 2019 has resulted in an increase in known risk factors for mental health problems. Mexico adopted lockdown and physical distancing as a containment strategy with potential consequences on day to day life, such as social isolation, loss of income and loneliness that can have important consequences in terms of mental health.Objective: We aimed to examine the effect of the initial phases of the COVID-19 pandemic on psychological distress, well-being and perceived physical health among Mexican-base respondents and to (...) examine whether coping strategies would play a potential intermediating role in relation to these variables. Under the Existential Positive Psychology perspective, an emphasis was made on meaning-centered coping.Methods: A cross-sectional study was conducted between April 30 and June 16th 2020 among 604 Mexicans-base respondents of which 471 were women and 132 men. Data was collected by using online questionnaires. Psychological distress was measured using the Depression, Anxiety, and Stress Scale. The Brief COPE Inventory was used to assess problem-focused and emotion-focused coping strategies. We also used the Meaning-Centered Coping Scale. PERMA-Profiler was used to assess well-being, perceived physical health, and loneliness. Profiler and Descriptive analyses and bivariate linear regression were performed to examine the association of variables.Results: 45.9% of the participants reported moderate to extremely severe psychological distress. Our results demonstrate that problem-focused and emotion-focused coping were positively related to psychological distress, whereas meaning-centered coping was negatively associated with distress. Furthermore, psychological distress played a potential negative role in the perceived physical health, while meaning-centered coping and well-being buffered the negative influence of psychological distress on perceived physical health (completely standardized indirect effect = –0.01, SE: 0.012, 95% CI [−0.065; −0.017].Conclusion: Meaning-centered coping was found to suppress the negative influence of psychological distress on sensation of decreased physical health corroborating the critical role of meaning in life in promoting well-being. Future studies can further examine the value of the critical role of meaning in life in promoting well-being as a protective factor against severe distress during traumatic events. Findings of this study can be used to orient policies and interventions aimed to alleviate suffering in the midst of the COVID-19 pandemic. (shrink)

El moro de José Zorrilla se distingue de otros moros de la literatura que podrían considerarse más convencionales. Se ha notado por críticos como Narciso Alonso Cortés que otros autores románticos de la época crearon moros más parecidos a "muñecos," artificiosos. En contraste, el moro de Zorrilla, inspirado por los personajes de Víctor Hugo (Les Orientales), era siempre un hombre de carne y hueso que correspondía a su realidad. Se percibe en los Orientales (1837) del poeta las (...) huellas verdaderas de la España árabe. Por medio de una magia verbal, el poeta había creado su mundo fantástico mientras que dibujara perfectamente unos personajes llenos de color, vida y pasión. Zorrilla era un observador habilísimo y por eso, cuando encontró algo digno de nota, escribió sobre los pueblos, personajes y costumbres de esa España granadina. Sería fácil entender cómo el poeta podía notar aun más detalles que suelen subir a la superficie. Puede notarse en sus Orientales, no sólo lo exótico, sino las características principales de sus primeros moros dibujados tan cuida-dosamente. En mi estudio, examino el desarrollo del moro típico de José Zorrilla en comparación con el de Hugo, comenzando con su primera apariencia en Oriental (de los gomeles). El moro quiere poseer a la cristi¬ana que intenta robar mientras que guarde su orgullo varonil. Este rasgo lo distingue de otro tipo de moro que se considera "esclavo" de la cristiana en Dueña de la negra toca. El papel del moro sigue transformándose en el poema Granada (1852). (shrink)

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

In his recent book, Killing in War, Jeff McMahan sets out a number of conditions for a person to be liable to attack, provided the attack is used to avert an objectively unjust threat: (1) The threat, if realized, will wrongfully harm another; (2) the person is responsible for creating the threat; (3) killing the person is necessary to avert the threat, and (4) killing the person is a proportionate response to the threat. The present article focuses on McMahan's second (...) condition, which links liability with responsibility. McMahan's use of the responsibility criterion, the article contends, is too restrictive as an account of liability in general and an account of liability to be killed in particular. In order to defend this claim, the article disambiguates the concept of liability and explores its role in the philosophical analysis of the permission to cause harm to others. (shrink)

Recent work in cerebral neurology should be used to fashion a new synthesis with anthropological studies. Beginning with Paul D. Madean's model of the triune brain, we explore Ralph Wendell Burhoe's question whether creative processes result from a coadaptation, perhaps in ritual itself, of genetic and cultural information. Then we examine the division of labor between right and left cerebral hemispheres and its implications for the notions of play and “ludic recombination.” Intimately related to ritual, play may function in the (...) social construction of reality analogous to mutation and variation in organic evolution. Finally, we consider how our picture of brain functioning accords with some distinctive features of the religious systems dominant in human cultures. (shrink)

One of the most interesting questions raised in Cecile Fabre’s Cosmopolitan War concerns war for the sake of resources. Fabre argues that it is sometimes permissible to go to war for the sake of resources that the poor are entitled to. I agree with this, but I think it is true only in very restricted circumstances. I consider a number of arguments in favour of resource wars, showing many of them to fail. The most promising argument, I suggest, is that (...) those who possess resources that have unjustly been secured are complicit in posing future threats by contributing to a market for unjustly secured resources. Whilst this argument has some promise, even it, I suggest, is in no way decisive. (shrink)

This essay is a response to the excellent contributions to the double special issue of Law and Philosophy on my book The Ends of Harm. I further defend the Duty View of punishment outlined in the book, responding to criticisms of that view. I also challenge the plausibility of retributivist accounts offered in response to the challenges to that view developed in The Ends of Harm.

In this paper I argue that the existence of human reason gives us good reason to suppose that God exists. If the world were as the materialist supposes it is, then we would not be able to reason to the conclusion that this is so. This contention is often challenged by the claim that mental and physical explanations can be given for the same event. But a close examination of the question of explanatory compatibility reveals that the sort of explanation (...) that would have to be given for the event of, say, inferring that atheism is true, is incompatible with the event being explicable as a purely physical product of a purely physical universe. (shrink)

The study examines a problematic hypothesis of possible approaches to identifying the quantum physical foundations of the functioning of consciousness. The authors proceed from the fact that in modern conditions, not a single science, nor all sciences taken together, gives a final answer to the question of the “mechanism” of the origin of thought. However, this does not mean at all that research in this direction needs to be stopped. The authors express confidence that modern and subsequent research into the (...) “quantum concept of consciousness” will lead to the identification of previously unknown patterns, opening the way to the formation of new principles and approaches. As an example, the corresponding Penrose - Hameroff concept is considered. Quantum mechanics complements the tools of neurobiology and other branches of neuroscience, which together form an interdisciplinary field of knowledge that is dynamically growing and developing. The authors are not apologists for the omnipotence of quantum physics. Quantum correlates of consciousness actually mean that it is not today’s quantum mechanics itself that explains the emergence of mental states, but the fact that in the birth of these states it is essential that in the very process of the formation of neurodynamic impulses in the neurons of the cerebral cortex that generate mental states, there are processes of quantum nature. It should also be recognized that the quantum-molecular level (nanolevel) of processes in the neurons of the brain really exists and it is this that is the source of proto-consciousness. Science strives to move forward, new research programs are emerging within the framework of quantum biology, quantum psychology, quantum information science, which in turn can shed light on the hypothesis of the “quantum concept of consciousness.”. (shrink)

This new Encyclopedia of Postmodernism is structured with biographical entries on all the key contributors to the postmodernism debate, including Mikhail Bakhtin, Pierre Bourdieum, Jacques Derrida, Jurgen Habermas and Wittgenstein. Providing an all-encompassing and welcome addition to the field, the Encyclopedia contains entries on foundational concepts of postmodernism which have revolutionized thinking in every intellectual discipline. This new Encyclopedia is the first to provide comprehensive A-Z coverage of the key individuals and concepts of postmodernism. The 300+ entries include: * African (...) American studies * Roland Barthes * binary opposition * Buddhism * comparative literature * cyberculture * death of God * Gilles Deleuze * desire * digital culture * end of history * globalization * grand narrative * improvisation * jouissance * logocentrism * metalanguage * sadism * theatre arts * trope * visuality * Cornell West * and much more. Fully cross-referenced and indexed, with suggestionsfor further reading. (shrink)

This article clarifies and further defends the view that the right to be presumed innocent until proven guilty, protected by Article 6(2) of the European Convention of Human Rights has implications for the substantive law. It is shown that a ‘purely procedural’ conception of the presumption of innocence has absurd implications for the nature of the right. Objections to the moderate substantive view defended are considered, including the acceptability of male prohibits offences, the difficulty of ascertaining intentions of legislatures and (...) the proper role of prosecutorial discretion. (shrink)

In this lucid and insightful study, Stephen Makin investigates a form of argument widespread in ancient Greek philosophy, where the absence of a reason for one alternative to be the case rather than another is used to establish substantive conclusions—where the alternatives are “indifferent”. Examples abound: Anaximander engages in such reasoning to show that the Earth does not move; Zeno of Elea to show that what is cannot be divided; Democritus to argue for finite divisibility, on the one hand, and (...) the infinite variety of atoms and worlds, on the other; not to mention the extensive use of such arguments in ancient skepticism. (shrink)

The article discusses some of the fundamental conceptual and theoretical aspects of rational choice and moral order. A distinction is drawn between constitutional interests and compliance interests, and it is argued that a viable moral order requires that the two interests somehow be brought into congruence. It is shown that with regard to the prospects for a spontaneous emergence of such congruence, a distinction between two kinds of moral rules which we call trust-rules and solidarity-rules is of crucial importance.

What are the laws of physics? -- The stuff that kicks back -- Point-of-view invariance -- Gauging the laws of physics -- Forces and broken symmetries -- Playing dice -- After the bang -- Out of the void -- The comprehensible cosmos -- Models of reality.

This article is a defence of a differentiated offence of rape. A differentiated offence is an offence which can be completed in a number of different ways that cannot be captured in a simple definition. It is argued that such an offence would meet several concerns that have been expressed in the feminist literature about the law of rape. It would assist certainty, it would reduce the extent to which the offence focuses on the conduct of the complainant, it would (...) allow the law to express that violence is central to the offence of rape where violence is present, but it would also allow convictions of rape where there is no violence. The argument is developed through critical engagement with the law of rape as set out in the Sexual Offences Act 2003. The Sexual Offences Act, it is argued, fails adequately to meet the concerns outlined above. (shrink)

From Fodor and Pylyshyn’s celebrated 1988 systematicity argument in favour of a language of thought , a challenge to connectionist models arises in the form of a dilemma: either these models do not explain systematicity or they are implementations of LOT. From consideration of this challenge and of systematicity in domains other than language, defenders of connectionism have mounted a parallel systematicity argument against LOT which results in a new self-defeating dilemma, what I call here the systematicity challenge challenge : (...) either LOT does not explain nonlinguistic systematicity, or it is in no better position than its rivals to explain any systematicity, even linguistic systematicity. In this paper, first, I critically examine the SCC and some considerations that seem to support it. Second, I offer a response to the SCC by: showing that LOT was never meant to be a cognitive model restricted only to linguistic systematicity, and formulating a new argument in favour of LOT from nonlinguistic systematicity. Third, I argue that there is a central assumption underlying the SCC and maintain that it is mistaken. I conclude that the classical systematicity challenge continues to be fully valid for linguistic and nonlinguistic domains. (shrink)

This article attempts to re-establish the importance of Foucault's work for an understanding of the way in which modern law operates. This argument has two stages. Firstly, there is a critique of the interpretation of Foucault's work by legal and sociological thinkers. It is argued that by reading the term ‘juridical’ as synonymous with the term ‘law’ in Foucault, people miss the substance of Foucault's argument. The term juridical describes an arrangement and a representation of power rather than the law. (...) This is made clear through a critique of J. S. Mill's On Liberty which is shown to make a juridical distinction between power and a free space of action which is unsustainable. Secondly, Foucault's genealogy of power relations is recast from the perspective of a legal theoretician. Foucault's history of power relations is constructed from historical differences in the mode of operation of power and discourse. By analysing these differences and their relationship to the mode of operation of law, an account of the place of modern law in Foucault's genealogy is established. Modern law operates between Foucault's concepts of government and discipline. It provides a key way in which government decisions can adjust the relationships between disciplinary institutions. This introduces the idea that law begins to operate in the perspective of the complete lives of individuals rather than just to prevent certain actions. Law, then, operates in accordance with what Foucault calls ‘bio-power’. (shrink)

I am extremely grateful to Daniel Farrell, Hamish Stewart, Kasper Lippert-Rasmussen and Suzanne Uniacke for their careful, imaginative and probing responses to The Ends of Harm: The Moral Foundations of Criminal Law in this special issue of Criminal Law and Philosophy. It is especially gratifying that philosophers of this calibre, not all of whom have worked directly on the philosophy of punishment and the philosophy of criminal law, have engaged with Ends in this way.One of my ambitions in writing Ends (...) was to connect the philosophy of punishment more directly with a set of broader issues in normative ethics than is common in the philosophy of punishment. I hoped this would encourage others to see the justification of punishment as a small part of a more general normative theory of permissible harm. This special issue has further confirmed to me that this way of developing the philosophy of punishment is fruitful.I will not attempt to respond to all of the arguments i .. (shrink)

In this wide-ranging and multidisciplinary volume, leading scholars, activists, journalists, and public figures deliberate about the creative and critical potential of public imagination in an era paradoxically marked by intensifying globalization and resurgent nationalism. Divided into five sections, these essays explore the social, political, and cultural role of imagination and civic engagement, offering cogent, ingenious reflections that stand in stark contrast to the often grim rhetoric of our era. Short and succinct, the essays engage with an interconnected ensemble of themes (...) and issues while also providing insights into the specific geographical and social dynamics of each author's national or regional context. Part 1 introduces the reader to theoretical reflections on imagination and the public sphere; Part 2 illustrates dynamics of public imagination in a diverse set of cultural contexts; Part 3 reflects in various ways on the urgent need for a radically transformed public and civic imagination in the face of worldwide ecological crisis; Part 4 suggests new societal possibilities that are related to spiritual as well as politically revolutionary sources of inspiration; Part 5 explores characteristics of present and potentially emerging global society and the existing transnational framework that could provide resources for a more humane global order. Erudite and thought-provoking, On Public Imagination makes a vital contribution to political thought, and is accessible to activists, students, and scholars alike. (shrink)

Adherents as well as detractors of the normativity of mental content agree that its assessment crucially depends on the assessment of a principle for believing what is true. In this paper, I present an alternative principle, which is based on possession conditions for pure thinking or mere entertaining. I argue that the alternative approach has not been sufficiently emphasised in the literature and has two important merits. First, it yields a direct analysis of the normativity of mental content, which is, (...) furthermore, independent of arguably non-normative notions such as truth. Second, the approach suggests new and challenging lines of response to central non-normativist objections. (shrink)

Two theories of excuses are currently popular in criminal law theory: the character theory and the capacity theory. In the former the defendant claims that although he performed a wrongful action, it did not properly reflect his character. In the latter, the defendant claims that although he performed a wrongful action he lacked the capacity to do otherwise. In John Gardner's view neither claim is adequate to provide the defendant with an excuse. Excuses, Gardner thinks, are only appropriate where the (...) defendant can claim that he has lived up to the standards reasonably to be expected of a person performing the role that the defendant was performing. The view defended here is that whilst the Gardner style excuse is an excuse, both of the claims that he rejects properly ground excuses in the criminal law as well. Furthermore, they do not exhaust the field of excuses. Excuses are best seen as defences that mop up where an application of the other rules of the criminal law would not adequately serve its principles. No further ordering of excuses is possible. (shrink)