Las reiteradas menciones que, tanto en estudios doctrinales como en el derecho positivo, se realizan del principio de jerarquía normativa parecen presuponer que "existe" una ordenación jerárquica de las diferentes fuentes y normas del ordenamiento. Frente a esto, nuestro ordenamiento jurídico no establece de una manera clara la relación entre las diferentes formas de producción normativa (si es jerárquica o de otro tipo) ni, en el primer caso, qué fuente o norma es superior a cual otra. El objeto de las (...) páginas que siguen es determinar cuándo (fuera de aquellos casos en los que las normas jurídicas establecen dicha relación) puede decirse que hay una relación de jerarquía. Para ello analizaré separadamente los diferentes criterios que la doctrina ha empleado para inferir dicha relación, como son: 1) el criterio de la fundamentación de la validez, 2) el deber de acatamiento por parte de los órganos productores de la norma inferior, 3) el criterio general-individual, 4) el órgano, 5) la forma de las fuentes, 6) la complejidad procedimental, y 7) la capacidad modificadora y derogatoria. (shrink)

On a purely epistemic understanding of experimental realism, manipulation affords a particularly robust kind of causal warrant, which is – like any other warrant – defeasible. I defend a version of Nancy Cartwright’s inference to the most likely cause, and I conclude that this minimally epistemic version of experimental realism is a coherent, adequate and plausible epistemology for science.

Contemporary biological research has suggested that some host–microbiome multispecies systems (referred to as “holobionts”) can in certain circumstances evolve as unique biological individual, thus being a unit of selection in evolution. If this is so, then it is arguably the case that some biological adaptations have evolved at the level of the multispecies system, what we call hologenomic adaptations. However, no research has yet been devoted to investigating their nature, or how these adaptations can be distinguished from adaptations at the (...) species-level (genomic adaptations). In this paper, we cover this gap by investigating the nature of hologenomic adaptations. By drawing on the case of the evolution of sanguivory diet in vampire bats, we argue that a trait constitutes a hologenomic adaptation when its evolution can only be explained if the holobiont is considered the biological individual that manifests this adaptation, while the bacterial taxa that bear the trait are only opportunistic beneficiaries of it. We then use the philosophical notions of emergence and inter-identity to explain the nature of this form of individuality and argue why it is special of holobionts. Overall, our paper illustrates how the use of philosophical concepts can illuminate scientific discussions, in the trend of what has recently been called metaphysics of biology. (shrink)

Bourrat and Griffiths :33, 2018) have recently argued that most of the evidence presented by holobiont defenders to support the thesis that holobionts are evolutionary individuals is not to the point and is not even adequate to discriminate multispecies evolutionary individuals from other multispecies assemblages that would not be considered evolutionary individuals by most holobiont defenders. They further argue that an adequate criterion to distinguish the two categories is fitness alignment, presenting the notion of fitness boundedness as a criterion that (...) allows divorcing true multispecies evolutionary individuals from other multispecies assemblages and provides an adequate criterion to single out genuine evolutionary multispecies assemblages. A consequence of their criterion is that holobionts, as conventionally defined by hologenome defenders, are not evolutionary individuals except in very rare cases, and for very specific host-symbiont associations. This paper is a critical response to Bourrat and Griffiths’ arguments and a defence of the arguments presented by holobiont defenders. Drawing upon the case of the hologenomic basis of the evolution of sanguivory in vampire bats, I argue that Bourrat and Griffiths overlook some aspects of the biological nature of the microbiome that justifies the thesis that holobionts are evolutionarily different to other multispecies assemblages. I argue that the hologenome theory of evolution should not define the hologenome as a collection of genomes, but as the sum of the host genome plus some traits of the microbiome which together constitute an evolutionary individual, a conception I refer to as the stability of traits conception of the hologenome. Based on that conception I argue that the evidence presented by holobiont defenders is to the point, and supports the thesis that holobionts are evolutionary individuals. In this sense, the paper offers an account of the holobiont that aims to foster a dialogue between hologenome advocates and hologenome critics. (shrink)

This article provides a state of the art review of the philosophical literature on scientific representation. It first argues that the topic emerges historically mainly out of what may be called the modelling tradition. It then introduces a number of helpful analytical distinctions, and goes on to divide contemporary approaches to scientific representation into two distinct kinds, substantive and deflationary. Analogies with related discussions of artistic representation in aesthetics, and of the nature of truth in metaphysics are pursued. It is (...) finally urged that the most promising approaches - and the ones most likely to feature prominently in future developments - are deflationary. In particular, a defence is provided of a genuinely inferential conception of representation. (shrink)

This article provides a state-of-the-art review of the philosophical literature on scientific representation. It first argues that the topic emerges historically mainly out of what may be called the modelling tradition. It then introduces a number of helpful analytical distinctions and goes on to divide contemporary approaches to scientific representation into two distinct kinds, substantive and deflationary. Analogies with related discussions of artistic representation in aesthetics and the nature of truth in metaphysics are pursued. It is finally urged that the (...) most promising approaches—and the ones most likely to feature prominently in future developments—are deflationary. In particular, a defense is provided of a genuinely inferential conception of representation. (shrink)

The hologenome concept of evolution is a hypothesis about the evolution of animals and plants. It asserts that the evolution of animals and plants was partially triggered by their interactions with their symbiotic microbiomes. In that vein, the hologenome concept posits that the holobiont (animal host + symbionts of the microbiome) is a unit of selection. -/- The hologenome concept has been severely criticized on the basis that selection on holobionts would only be possible if there were a tight transgenerational (...) host-genotype-to-symbiont-genotype connection. As our current evidence suggests that this is not the case for most of the symbiont species that compose the microbiome of animals and plants, the opportunity for holobiont selection is very low in relation to the opportunity for selection on each of the species that compose the host microbiome. Therefore, holobiont selection will always be disrupted ‘from below’, by selection on each of the species that compose the microbiome. -/- This thesis constitutes a conceptual effort to defend philosophically the hologenome concept. I argue that the criticism according to which holobiont selection requires tight transgenerational host-genotype-to-symbiont-genotype connection is grounded on a metaphysical view of the world according to which the biological hierarchy needs to be nested, such that each new level of selection includes every entity from below. Applied to hologenomes, it entails that the hologenome is a collection of genomes, and selection of hologenomes is assumed to entail cospeciation of the host with the species that constitute its microbiome. -/- Against that interpretation, I propose the ‘stability of traits’ account, according to which hologenome evolution is the result of the action of natural selection in a non-nested hierarchical world. In that vein, hologenome evolution does not entail cospeciation, and thus it does not require tight transgenerational host-genotype-to-symbiont-genotype connection. By embracing a multilevel selection perspective, I argue that hologenome evolution results from the simultaneous action of natural selection on each of the lineages that compose the microbiome, and on the assemblage composed by the host genome plus the functional traits of its microbiome. Hologenome selection occurs when the evolution of the traits of the microbiome result from their effects on the fitness of the host, and it can take the form of multilevel selection 1, or multilevel selection 2. In both cases, hologenome selection entails the evolution of microbiome traits, as well as evolution of the host genome, rather than cospeciation of lineages. (shrink)

The units or levels of selection debate concerns the question of what kind of biological systems are stable enough that part of their evolution is a result of the process of natural selection acting at their level. Traditionally, the debate has concerned at least two different, though related, questions: the question of the level at which interaction with the environment occurs, and the question of the level at which reproduction occurs. In recent years, biologists and philosophers have discussed a new (...) aspect of this debate, namely the possibility that certain multi-species consortia formed by a host and its microbiome may act as a unit of selection. This thesis, however, has not been without criticism, as it is doubtful that such consortia could meet the conditions required to achieve the degree of stability that would allow them to experience natural selection. The purpose of this paper is to systematically examine such criticisms and to defend the thesis that the holobiont/hologenome can act as a genuine level of selection both in the form of an interactor and in the form of a reproducer. To do so, it will be argued that the microbiome should be characterized in functional rather than taxonomic terms. (shrink)

These are the introduction chapters to the forthcoming collection of essays published by Springer (Synthese Library) and entitled Probabilities, Causes and Propensities in Physics.

It is still a matter of controversy whether the Principle of the Common Cause (PCC) can be used as a basis for sound causal inference. It is thus to be expected that its application to quantum mechanics should be a correspondingly controversial issue. Indeed the early 90’s saw a flurry of papers addressing just this issue in connection with the EPR correlations. Yet, that debate does not seem to have caught up with the most recent literature on causal inference generally, (...) which has moved on to consider the virtues of a generalised PCC-inspired condition, the so-called Causal Markov Condition (CMC). In this paper we argue that the CMC is an appropriate benchmark for debating possible causal explanations of the EPR correlations. But we go on to take issue with some pronouncements on EPR by defenders of the CMC. (shrink)

The Coronavirus Disease 2019 pandemic, now a global health crisis, has surprised health authorities around the world. Recent studies suggest that the measures taken to curb the spread of the COVID-19 outbreak have generated issues throughout the population. Thus, it is necessary to establish and identify the possible risk factors related to the psychosocial and psychophysiological strain during the COVID-19 outbreak. The present extensive literature review assesses the social, psychological, and physiological consequences of COVID-19, reviewing the impact of quarantine measures, (...) isolation, vast human loss, social and financial consequences in the family’s economies, and its impact on the psychological health of the population. We also discussed the effect of psychophysiological factors, considering the impact of physical inactivity and modifications in nutritional habits, at psychological and physiological levels. The present review includes an actualized to date bibliography, articles for which were methodologically analyzed to verify they met the standards of quality and scientific accuracy. Authors understand the pandemic as a multifactorial event for which only a profound and extensive analysis would lead to better compression and efficient intervention in the near future. (shrink)

The aim of this paper is to ofter a general view of the development of the issue about judicial reasoning and argumentation in Europe. I start with a mention to the methodological problem in law, and after that I expose the main models about the so called “legal argumentation theories”. Thirdly, I bring out some general thesis about judicial reasoning, and finally I propose some critical reflections about those theories.

The aim of this paper is to account for the indeterminacy of legal texts brought about by the peculiarities of the language in which they are formulated. From the start, I asume that legal language is a special language, that is, it is an ordinary language with some specific semantical features. On this assumption, the semantical features of legal texts and the syntactycal ones are dealt with separately. In this account, however, I omit the pragmatical function of such language. Concerning (...) the semantical features that give rise to indeterminacy, I deal on the one hand, with the problems raised from legal terms in general, and the other hand, with the problems raised from terms expressing deontic relations at their deep structure. To conclude, an analysis of ambiguity derived from the syntactycal structure of legal sentences is proposed, on the basis of several exampIes. (shrink)

The aim of this paper is to account for the indeterminacy of legal texts brought about by the peculiarities of the language in which they are formulated. From the start, I asume that legal language is a special language, that is, it is an ordinary language with some specific semantical features. On this assumption, the semantical features of legal texts and the syntactycal ones are dealt with separately. In this account, however, I omit the pragmatical function of such language. Concerning (...) the semantical features that give rise to indeterminacy, I deal on the one hand, with the problems raised from legal terms in general, and the other hand, with the problems raised from terms expressing deontic relations at their deep structure. To conclude, an analysis of ambiguity derived from the syntactycal structure of legal sentences is proposed, on the basis of several exampIes. (shrink)

The aim of this paper is to account for the indeterminacy of legal texts brought about by the peculiarities of the language in which they are formulated. From the start, I asume that legal language is a special language, that is, it is an ordinary language with some specific semantical features. On this assumption, the semantical features of legal texts and the syntactycal ones are dealt with separately. In this account, however, I omit the pragmatical function of such language. Concerning (...) the semantical features that give rise to indeterminacy, I deal on the one hand, with the problems raised from legal terms in general, and the other hand, with the problems raised from terms expressing deontic relations at their deep structure. To conclude, an analysis of ambiguity derived from the syntactycal structure of legal sentences is proposed, on the basis of several exampIes. (shrink)

Una de las cuestiones a que se enfrenta la teoría de la argumentación jurídica, y a la que se dedica este trabajo, es poner de relieve el papel que las valoraciones tienen en el proceso de aplicación del derecho. Las razones valorativas juegan un papel más importante que el que la concepción positivista del derecho suele advertir. En muchos casos las decisiones judiciales no pueden justificarse en el propio derecho, sino en valoraciones ajenas al mismo. Esto no debe significar que, (...) en este ámbito, aquellas sean necesariamente arbitrarias, pero sí discrecionales, lo que conlleva que deben establecerse algunos criterios de racionalidad; criterios que no son ya jurídicos, sino de carácter moral o ético. (shrink)

The aim of this paper is to account for the indeterminacy of legal texts brought about by the peculiarities of the language in which they are formulated. From the start, I asume that legal language is a special language, that is, it is an ordinary language with some specific semantical features. On this assumption, the semantical features of legal texts and the syntactycal ones are dealt with separately. In this account, however, I omit the pragmatical function of such language. Concerning (...) the semantical features that give rise to indeterminacy, I deal on the one hand, with the problems raised from legal terms in general, and the other hand, with the problems raised from terms expressing deontic relations at their deep structure. To conclude, an analysis of ambiguity derived from the syntactycal structure of legal sentences is proposed, on the basis of several exampIes. (shrink)

1Department of Philosophy, University of Bristol, 9 Woodland Road, Bristol BS8 1TB, UKScience Without Laws Ronald Giere Chicago, IL University of Chicago Press 1999 x + 285 Hardback£17.50.

This volume defends a novel approach to the philosophy of physics: it is the first book devoted to a comparative study of probability, causality, and propensity, and their various interrelations, within the context of contemporary physics -- particularly quantum and statistical physics. The philosophical debates and distinctions are firmly grounded upon examples from actual physics, thus exemplifying a robustly empiricist approach. The essays, by both prominent scholars in the field and promising young researchers, constitute a pioneer effort in bringing out (...) the connections between probabilistic, causal and dispositional aspects of the quantum domain. The book will appeal to specialists in philosophy and foundations of physics, philosophy of science in general, metaphysics, ontology of physics theories, and philosophy of probability. (shrink)

"Ce volume presente la seconde partie d'une etude sur l'angelologie medievale dont la premiere partie a paru dans cette meme collection sous le titre: 'Les anges et la philosophie: subjectivite et fonction cosmologique des substances separees au XIIIe siecle', Etudes de philosophie medievale LXXXII, Paris, 2002"--T.p. verso.

A partir de questions sur l'ange, son individualité, sa position et sa fonction par rapport aux autres êtres, dans l'architecture cosmologique et dans la structure métaphysique de l'univers, les penseurs médiévaux élaborent des théories autour de la structure et du sens de l'ordo rerum, et d'un paradigme de la subjectivité. Par le biais de ce dernier, l'ange figure le meilleur de l'humanité.

"Ce volume presente la seconde partie d'une etude sur l'angelologie medievale dont la premiere partie a paru dans cette meme collection sous le titre: 'Les anges et la philosophie: subjectivite et fonction cosmologique des substances separees au XIIIe siecle', Etudes de philosophie medievale LXXXII, Paris, 2002"--T.p. verso.

This volume showcases the best of recent research in the philosophy of science. A compilation of papers presented at the EPSA 13, it explores a broad distribution of topics such as causation, truthlikeness, scientific representation, gender-specific medicine, laws of nature, science funding and the wisdom of crowds. Papers are organised into headings which form the structure of the book. Readers will find that it covers several major fields within the philosophy of science, from general philosophy of science to the more (...) specific philosophy of physics, philosophy of chemistry, philosophy of the life sciences, philosophy of psychology, and philosophy of the social sciences and humanities, amongst others. This volume provides an excellent overview of the state of the art in the philosophy of science, as practiced in different European countries and beyond. ​It will appeal to researchers with an interest in the philosophical underpinnings of their own discipline, and to philosophers who wish to explore the latest work on the themes explored. (shrink)

Table of Contents: Preface.- 1. Introduction; Mauricio Suárez.- PART I: PROBABILITIES.- 2. Probability and time symmetry in classical Markov processes; Guido Bacciagaluppi.- 3. Probability assignments and the principle of indifference: An examination of two eliminative strategies; Sorin Bangu.- 4. Why typicality does not explain the approach to equilibrium; Roman Frigg; PART II: CAUSES.- 5. From metaphysics to physics and back: The example of causation; Federico Laudisa.- 6. On explanation in retro-causal interpretations of quantum mechanics; Joseph Berkovitz.- 7. Causal completeness in (...) general probability theories; Balasz Gyenis, Miklós Rédei.- 8. Causal Markov, robustness and the quantum correlations; Mauricio Suárez, Iñaki San Pedro.- PART III: PROPENSITIES.- 9. Do dispositions and propensities have a role in the ontology of quantum mechanics? Some critical remarks; Mauro Dorato.- 10. Is the quantum world composed of propensitons?; Nicholas Maxwell.- 11. Derivative dispositions and multiple derivative levels; Ian Thompson. (shrink)

This volume defends a novel approach to the philosophy of physics: it is the first book devoted to a comparative study of probability, causality, and propensity, and their various interrelations, within the context of contemporary physics -- particularly quantum and statistical physics. The philosophical debates and distinctions are firmly grounded upon examples from actual physics, thus exemplifying a robustly empiricist approach. The essays, by both prominent scholars in the field and promising young researchers, constitute a pioneer effort in bringing out (...) the connections between probabilistic, causal and dispositional aspects of the quantum domain. The book will appeal to specialists in philosophy and foundations of physics, philosophy of science in general, metaphysics, ontology of physics theories, and philosophy of probability. (shrink)

This volume defends a novel approach to the philosophy of physics: it is the first book devoted to a comparative study of probability, causality, and propensity, and their various interrelations, within the context of contemporary physics -- particularly quantum and statistical physics. The philosophical debates and distinctions are firmly grounded upon examples from actual physics, thus exemplifying a robustly empiricist approach. The essays, by both prominent scholars in the field and promising young researchers, constitute a pioneer effort in bringing out (...) the connections between probabilistic, causal and dispositional aspects of the quantum domain. The book will appeal to specialists in philosophy and foundations of physics, philosophy of science in general, metaphysics, ontology of physics theories, and philosophy of probability. (shrink)

Johannes Kepler dedicated much of his work to discover a law for the refraction of light. Unfortunately, he formulated an incorrect law. Nevertheless, it was useful for anticipating the behavior of light in some specific conditions. Some believe that Kepler did not have the elements to formulate the law that was later accepted by the scientific community, that is, the Snell–Descartes law. However, in this paper, we propose a model that agrees with Kepler’s heuristics and that is also successful in (...) anticipating the behavior of light when it passes through a surface that separates two media with different optical densities. This model adopts strategies that were recommended by Kepler in two types of analogies. The obstacles that led to the failure of the two types of analogies are presented in the article, and we argue that the model proposed here could overcome these specific obstacles. Finally, we show how the proposed model could be articulated with Kepler’s metaphysics of light. (shrink)

En el presente texto abordamos a la luz de la antropología filosófica la pregunta por nuestra experiencia de la enfermedad. Como seres dotados de palabra, esta experiencia está mediada siempre por nuestra manera de hablar sobre ella. El poder nombrar lo que nos pasa nos configura como individuos orgánicos peculiares, frente a otras formas de vida. Pero al hablar sobre nuestras enfermedades caemos en una profunda paradoja: tenemos la necesidad de comunicar a otros nuestra vivencia, que es algo tan íntimo (...) y privado que individualiza; de otra parte, la comprensión de los otros de lo que nos pasa encuentra, sin embargo, un límite casi infranqueable. A menudo, este límite suele ser bordeado por la metáfora y su lenguaje traslaticio. Queremos examinar, a continuación, la relación que podemos establecer entre enfermedad, dolor y metáfora. (shrink)

This volume collects papers presented at the Founding Conference of the European Philosophy of Science Association meeting, held November 2007. It provides an excellent overview of the state of the art in philosophy of science in different European countries.