The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...) a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas (...) in Faktizität und Geltung. In this connection, through the work of Ackerman, we intend to fill in some of the gaps that Habermas appears to have left in the theory of radical democracy applied to the law. The work of Ackerman can make a significant contribution to deliberative democracy, to the discourse principle that Habermas defines, and to the contractualist theories from a liberal perspective. The study of these contributions makes possible a critical judgment that enables the legitimation of juridical rules carried out by Habermas to acquire greater practicity. In examining the epistemological status of juridical science and law, we attempt to determine the weight and the performance of normative democracy. In Tarr's view, it is a matter for philosophers to examine direct democracy and its desirability. (shrink)

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...) a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...) a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

The first segment starts with a definition of two dimensions of the concept of rule of law; related to the notion of sovereignty and as a concept to control arbitrariness on the part of the ruler. The segment proceeds to give a historical account of the notion and the different stages of its epistemological configuration, from the ancient Greek notion of Eunomia and its incompatibility with the popular rule to the current notion, where the rule of law has become fused (...) with democracy and human rights. The first segment also focuses on the relation between the concept of the rule of law and other principles, such as proportionality, neutrality, and effectiveness. The second segment of the paper analyses the phenomenon of juridification of the rule of law in international treaties and domestic constitutions. It pays particular attention to the role that constitutional accommodation plays in the process of rationalization of the rule of law as a prerequisite to its idealization and mystification. It analyses the reason why this principle is an essential feature of the constitutionalism despite the inner plurality of legal systems. The next aspect, analysed in the third segment of this paper, is the messianic use of the concept of the rule of law. The paper performs a critical definition of messianic, covering a theological perspective and the different theories and concepts that go hand in hand with the idea of the Messiah, such as the “coming”, prophetical and apocalyptical messianism, the phenomena of eschatology, expiation and redemption pictured in Judaism. The segment also covers the secular transplantation of the messianic thought. The last segment is a conclusion returning to the themes identified in the paper and summarises how the messianic thought is applied in the realm of the rule of law. (shrink)

Este artículo se ocupa del problema de cuál pueda ser la naturaleza de la creencia y cuál la mejor explicación de su normatividad. Se analizan diversas teorías que desarrollan el modelo ¿estado más contenido¿, y se presenta como alternativa una concepción de filiación wittgensteiniana que entiende la creencia como acción simbólica y expresiva.

La meva intenció en les pàgines següents és analitzar la teoria del llenguatge que es troba en el Cràtil de Plató. D'una banda, s'analitza la concepció del significat de les paraules quePlató sembla defensar en aquest diàleg; de l'altra, s'ocupa del problema dels orígens delllenguatge. Aquestes qüestions s'estudien en relació amb la perspectiva ontològica i epistemològicade Plató: essencialisme, teoria de la reminiscència i les tesis dels sofistes sobre laimpossibilitat de parlar amb falsedat. La conclusió és que en el Cràtil podem (...) trobar ja la preparació de la teoria del llenguatge que Plató necessitarà per a la seva ulterior teoria de les idees. (shrink)

Este artículo se ocupa del problema de cuál pueda ser la naturaleza de la creencia y cuál la mejor explicación de su normatividad. Se analizan diversas teorías que desarrollan el modelo ¿estado más contenido¿, y se presenta como alternativa una concepción de filiación wittgensteiniana que entiende la creencia como acción simbólica y expresiva. This paper is devoted to the question of the nature of belief, and what the best explanation of its normativity is. Several theories based on the model "state (...) plus content" are analysed, and is presented a wittgensteinianan conception which understands belief as symbolic and expressive action. (shrink)

In this paper a non-paradoxical interpretation of Hobbes’s defence of scientific realism of materialistic type is proposed. It attempts to explain how this author was able to defend the truth of materialism and at the same time to deny that it could be demonstrated in a metaphysical way. The key to his position depends on the metaphorical use of the concept of ‘imitation’ and the treatment of the infinite and irresistible power as the philosophically relevant attribute of God. So Hobbes’s (...) intention would consist of saying that the explanation, but not the demonstration, of the truth of materialism depends on the ontological parity and continuity between the world and the human being, in the way in which they are explained by empirical science. In this sense Hobbes’s project, very different to Descartes’s one, would be an attempt to naturalise the epistemology that yet is conscious of the metaphysical limits affecting the naturalistic proposals of philosophy. (shrink)

La meva intenció en les pàgines següents és analitzar la teoria del llenguatge que es troba en el Cràtil de Plató. D'una banda, s'analitza la concepció del significat de les paraules quePlató sembla defensar en aquest diàleg; de l'altra, s'ocupa del problema dels orígens delllenguatge. Aquestes qüestions s'estudien en relació amb la perspectiva ontològica i epistemològicade Plató: essencialisme, teoria de la reminiscència i les tesis dels sofistes sobre laimpossibilitat de parlar amb falsedat. La conclusió és que en el Cràtil podem (...) trobar ja la preparació de la teoria del llenguatge que Plató necessitarà per a la seva ulterior teoria de les idees. (shrink)

A key aim in biology and psychology is to identify fundamental principles underpinning the behavior of animals, including humans. Analyses of human language and the behavior of a range of non-human animal species have provided evidence for a common pattern underlying diverse behavioral phenomena: Words follow Zipf's law of brevity (the tendency of more frequently used words to be shorter), and conformity to this general pattern has been seen in the behavior of a number of other animals. It has been (...) argued that the presence of this law is a sign of efficient coding in the information theoretic sense. However, no strong direct connection has been demonstrated between the law and compression, the information theoretic principle of minimizing the expected length of a code. Here, we show that minimizing the expected code length implies that the length of a word cannot increase as its frequency increases. Furthermore, we show that the mean code length or duration is significantly small in human language, and also in the behavior of other species in all cases where agreement with the law of brevity has been found. We argue that compression is a general principle of animal behavior that reflects selection for efficiency of coding. (shrink)

This book is a unique exploration of the idea of the "second person" in human interaction, the idea that face-to-face interactions involve a distinctive form of reciprocal mental state attributions that mediates their dynamical unfolding. Challenging the view of mental attribution as a sort of "theory of mind", Pérez and Gomila argue that the second person perspective of mental understanding is the conceptually, ontogenetically, and phylogenetically basic way of understanding mentality. Second person interaction provides the opportunity for the acquisition of (...) concepts of mental states of increasing complexity. The book reviews the growing interest in a variety of second person phenomena, both in development and in adulthood, presenting research that shows how participants in human interaction attribute psychological states of a referentially transparent kind to each other. This review documents the spontaneous preference for face-to-face interaction, from eye contact to joint attention, from forms of vitality to communicative intentions, from interaction detection to joint action, and from synchrony to interpersonal coordination. Also looking at the implications and applications of the second person perspective within fields as diverse as art and morality, this book is fascinating reading for students and academics in social and cognitive psychology, cognitive science, neuroscience, and philosophy. (shrink)

It is well known the harmful effects that savage capitalism has been causing to the environment since its introduction in a sphere in which a different logic and approach to nature are the essential conditions for the maintenance of the ecosystem and its complex relations between humans and non-human organisms. The amazon rainforest is a portion of the planet in which for thousands of years its human dwellers have been interacting with nature that it is understood beyond its physical condition. (...) Thus, to what extent Amazonian’s approaches to nature could be considered as a moral philosophy through which the way of conceptualizing nature and its non-human denizens enhances the continuity of life and the intimate relations between entities? To answer this question, I will explore the cosmological system of the Shuar of the Ecuadorian Amazon with whom I lived for 5 months between July and November 2018, and thereby elucidate the spiritual relations that this society has with the metaphysical domain of nature. (shrink)

Se presentan las ideas centrales y la estructura del libro de Diana I. Pérez y Antoni Gomila Social Cognition and the Second Person in Human Interaction (Routledge, 2021).

Based on a discussion of the theoretical contributions of Claude Lévi-Strauss and Pierre Clastres, this article explores social relationships as more than a human dimension. Though strongly analysed by both anthropologists, these relationships appear to involve indigenous societies’ whole ecological and cosmological system. In this sense, reciprocity, social cohesion, and exchange can be understood as material and immaterial interrelationships between entities of a more than a corporeal world. I argue, then, that to go beyond the mere anthropocentric conceptualisation of sociality (...) in a nature good to think, we need to holistically conceive the interconnected levels of trophic, socio-structural and socio-cosmic relationships and exchanges between human and non-human beings in the ecosystem. (shrink)

Abordamos aquí los diferentes comentarios críticos sobre las ideas centrales del libro Social Cognition and the Second Person in Human Interaction. En primer lugar, aclaramos algunos aspectos de la propuesta: la relación entre las interacciones de la segunda persona y las expresiones corporales de los estados psicológicos atribuidos y el papel que éstas tienen en la adquisición de los conceptos psicológicos más básicos. A continuación precisamos el sentido en que las atribuciones de la segunda persona son prácticas y transparentes. Por (...) último, destacamos el papel ubicuo de la normatividad en las interacciones de la segunda persona, enfatizando las asimetrías que existen en estas relaciones y mostramos por qué sostenemos que no hay interacciones desprovistas de normatividad a las que ésta posteriormente se les añade. (shrink)

A paradox is usually described as an apparently false statement supported by an apparently good argument which departs from premises that most people would find trivially true. This survey article presents a brief overview of three different contemporary perspectives on paradoxes. According to the epistemic view, paradoxes play a crucial role in the progress of science and cannot be regarded as sound proofs of a false statement. According to the dialetheist view, the conclusion of some paradoxical reasonings is both, true (...) and false, what means that there must be some true contradictions. Finally, the mystic view understands recalcitrant paradoxes as unsolvable problems which show the limits of human thought and cognition. The last section of this paper focuses on the paradoxes of self-reference, a family of paradoxes which have had a deep impact in the development of science during the twentieth century. Keywords: paradox, veridic paradox, falsidic paradox, antinomy, dialetheism, selfreference, circularity, inclosure schema. (shrink)

In the 1960s and 1970s, scuba technology, underwater cameras, and documentarians revealed a long-hidden underwater world to the public. At this time oceanographic science was growing exponentially. Historians of the marine sciences have focused their studies of the period on institutional and military partnerships, and on the scientist-administrators who shaped oceanographic research institutions (such as the Scripps Institution of Oceanography, the Woods Hole Oceanographic Institution, and the British National Institute of Oceanography). Underwater habitat development during the 1960s and 1970s, however, (...) deserves greater attention than it has yet received, as it highlights a peculiar confluence of military, scientific, and popular interest, characteristic of the period, in the colonization of the seafloor. Existing accounts have focused on American habitats, notably Sealab and Tektite, since these were the largest and best funded. But this approach overemphasizes a Cold War narrative in which the sole protagonists of the habitat programs were the United States and the Soviet Union. At least 65 habitats were built between 1962 and 1991. Some were state-sponsored, with significant programs run by French, German, Japanese, and Canadian teams. This essay takes as a case study the Canadian Sublimnos habitat as well as the underwater exploration programs it helped launch in Newfoundland (Lora-I) and in the Arctic (Sub-Igloo). The Canadian case demonstrates that technological expertise and public enthusiasm for underwater exploration should not be solely understood with reference to Cold War interests of the two superpowers. Rather, the international range of habitat programs of the 1960s and 1970s reveals an expanding interest in the vertical underwater dimension that was fueled by numerous national scientific aims and territorial claims. (shrink)

In this article, I will outline an assessment model that allows instructors to continuing assigning term papers and argumentative papers without compromising the authenticity of student assessment. This path forward relies upon a pseudo flipped classroom model in which students will complete a scaffolded term paper through a series of in-class assessments that build upon previously completed components. The final steps of completing this assignment will require producing a draft and final version of a traditional term paper outside of the (...) classroom but only after the instructor ensures they have critically thought through the preceding components independently. The intention is to maintain the nuance, critical thinking, engagement with primary and secondary sources, and depth of content comprehension that a thoughtful paper requires, while also ensuring that students are completing the work themselves and not merely outsourcing bits and pieces of it to LLMs. (shrink)

ABSTRACTIn this paper I reassess the place of Plato’s Laws in the history of legal thought. The Laws has been traditionally considered to present a natural law theory of law. I argue instead that it presents a positivist account of the nature of law. Through analysis of some key passages of the Laws I argue that in that dialogue law is identified with conclusions of enkratic civic reason that may systematically conflict with precepts of substantive moral reason. I also argue (...) that in the Laws the rule of law is a precondition of a legal system but lacks inherent moral significance. For the rule of law to obtain there needs to be some compromise between the political interests of rulers and subjects which is grounded on political pragmatism and not on moral considerations. (shrink)

The aim of the article is to illustrate the ethical foundations of psychoanalysis and to outline the ethical origins of Freudian theory. To this end, Jürgen Habermas' conception of knowledge-constitutive interests is discussed, which draws on psychoanalysis as an example of science justified in its form through an underlying emancipatory interest. The analysis of the position of the German philosopher is complemented by Charles Taylor's reflections on the sources of the contemporary conceptions of subjectivity and related ethical conceptions considered in (...) their relation to the history of the discourse on madness - including psychoanalysis. The research results in showing the continuing validity of the conception proposed by Freud in the context of the development of the philosophical theories of subjectivity, as well as more detailed, conceptual problems concerning mental disorders. (shrink)

Currently, testimony is studied extensively in Anglo-American philosophy. However, most of this work is done from a justificationist perspective in which philosophers try to justify our reliance on testimony in some way. I agree with Popper that justificationism is radically mistaken. Thus, I construct an account of how we respond to testimony that in no way attempts to justify our reliance on it. This account is not a straightforward exegesis of Popper, as he never tackled testimony systematically. It makes use, (...) however, of several of Popper's key insights and incorporates them into a viable theory of testimony. Key Words: testimony • anti-justificationism • social epistemology • situational analysis • defeasibility. (shrink)

This paper is devoted to analyse both the epistemology and ontology of James’s pragmatism and his metaphysical proposals. The conclusions are: first, that James did not defend a metaphysical realism, but a anti-realist realism; and secondly that this position was what he needed to defend the possibility of human freedom and religious experience.

I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the (...) state or its officials. The examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)