The rise of foundational dualism and the eclipse of the body -- "Body am I entirely, and nothing else": non-reductive materialism and the struggle against dualism -- Toward a materialist phenomenology of religion -- The phenomenology of embodiment and the study of religion -- Religious bodies as social artifacts -- Holding social constructionism in check: the recovery of the active, lived body -- A cultural neurophenomenology of religion: enter the embodied mind -- The eclipse of practice: textualism at large -- (...) "Ceci n'est pas un texte": from textualism to practice -- Expanding the conversation on emplaced religion -- Mobility, networks, and ecology. (shrink)

La pena natural es una situación paradójica que se puede presentar cuando el autor de un delito, al cometerlo o a causa de éste, ha sufrido un daño igual o mayor al que padecería si el juez de la causa le aplicara la pena estatal prevista para tal conducta. Se da con frecuencia al juzgar ciertos accidentes viales, cuando el acusado ya carga el peso de ser quien, por imprudencia, mató a su pareja o familiar cercano, por ejemplo. Pero ¿en (...) qué situaciones y cómo cabe recurrir a la pena natural? En esta investigación, Manuel Serrano explora las diversas aristas y posturas en pugna que atraviesan este tema, donde se cruzan cuestiones como la idea de la “culpa compensada”, la prohibición de aplicar castigo doble por un mismo hecho (non bis in idem) y la clemencia judicial. El autor desmonta la estructura conceptual de la pena natural, estudia jurisprudencia argentina y recorre producciones teóricas de juristas que se han preocupado por este asunto complejo, profundo y poco abordado del derecho penal. (shrink)

El trabajo consiste en una elucidación de los elementos que conforman el concepto de pena natural (poena naturalis) en el Derecho penal. Se puede caracterizar la pena natural como el daño o sufrimiento que recae sobre el autor de un delito, producto de la comisión del mismo, que debe ser descontado de la pena legal que ha de aplicársele. Si bien existe un mínimo acuerdo sobre esto, tanto en la jurisprudencia como en la doctrina penal se observan serios desacuerdos acerca (...) de los requisitos que se deben cumplir para reconocer que se está frente a una pena natural. Para elucidar los elementos, se utilizará el constructivismo conceptual de Ronald Dworkin, a fin de describir el desacuerdo y sus implicancias, reconocer los elementos principales de la pena natural y justificarlos bajo su mejor luz moral. ABSTRACT This study focuses on the clarification of the conceptual elements of poena naturalis in criminal law settings. The poena naturalis is the damage or suffering that falls on the convict for its commission. This damage must be deducted from the poena forensis to be applied. Although there is a minimum agreement about the concept of poena naturalis, in the jurisprudence and among legal scholars, there are serious disagreements about the elements of poena naturalis. To elucidate the elements, I will adopt Ronald Dworkin’s conceptual constructivism to describe the disagreement and its implications. At last, I will justify the main elements of the poena naturalis by their best moral light. (shrink)

The Luck Problem has existed in one form or another since David Hume, at least. It is perhaps as old as Stoic objections to the Epicurean swerve. Although the general issue admits of different formulations with subtly different emphases, the characterization of it that will serve as my target focuses on “cross-worlds” luck, a kind of luck that arises when the decision-making of agents is indeterministic.

A satisfactory construal of the subject matter of free will debates must allow for disagreements along two axes. First, it must allow for the possibility of higher order disagreements, or disagreements about what concepts, phenomena, or practices an account of free will is supposed to capture or explain. Second, it must allow for the fact of variation in the extent to which theories are bound by antecedent pre-philosophical thought, talk, and practices. A promising way of accommodating these two thoughts is (...) to treat free will in broadly functionalist terms. On the account proposed here, free will is a power that makes sense of everyday responsibility practices. This construal is not widely shared, but it allows for the possibility that we might have false beliefs about the nature of free will, while still making sense of central philosophical debates about free will. (shrink)

A theoretical platform for a much‐needed change in the provision of healthcare based on restoring the autonomy of doctor–patient relationships.

Since the late 1960s, the legal doctrine of consent has occasionally been subject to severe criticism from within the bioethical discourse. The criticism was often based on observations indicating that consents and refusals, which had been considered valid from legal or institutional points of view, had frequently failed to reflect genuinely autonomous decision making, hence genuinely autonomous choices.This has led several critics to conclude that informed consent is a legal fiction. To clarify the concept, a legal fiction is a supposition (...) of fact taken to be true by the courts of law, irrespective of whether it is true or not, and even though it might not be true .1 What these critics probably meant to say was that the law deems any person who has given a legally valid consent to be genuinely task specifically autonomous, regardless of whether this is true or not and even though it might not be true. In other words, informed consent is a legal fiction, since it presupposes—that is, claims to reflect—genuine task specific autonomy, however baselessly.It was precisely this potentially embarrassing conclusion that prompted Faden and Beauchamp to develop a brilliant and remarkably effective argument in defence of the legal doctrine of consent. In their seminal work, AHistory and Theory of Informed Consent, they indeed acknowledged that effective consent often fails to be compatible with autonomous authorisation . Indeed, they recognised that effective consent does not necessarily entail autonomous authorisation. They argued, however, that the former is not a legal fiction, since it does not presuppose the …. (shrink)

Of all the risks we face in life, ranging from unemployment to old age, early death is among the most tragic and yet most neglected by modern states. Liberal egalitarians might find it easy to dismiss social insurance against early death, but I argue they should not. Early in this paper, I explain why social insurance should include the risk of premature death by replying to four common criticisms. What follows is a case for a novel form of insurance that (...) is more liberal and egalitarian across ages than the status quo. More specifically, I show that granting storable pensions in all life stages - youth, middle and old age - promotes liberty and reduces lifetime inequality. Writers on age group and longevity justice often overlook the extent to which liberal lifetime equality can supply insightful arguments against inequality across ages. These call for a policy that gives each age group the freedom to draw a storable pension. I call that policy "freetirement". (shrink)

The recently published Report of theAHAG on the Operation of NHS Research Ethics Committees advocates major reforms of the NHS research ethics committees system. The main implications of the proposed changes and their probable effects on the major stakeholders are described.The Ad Hoc Advisory Group on the operation of NHS research ethics committees, set up in November 2004 by Lord Warner on behalf of the Department of Health, submitted its report in June 2005.1 The report advocates major reforms of the (...) research ethics committee system. The primary aim of the report is to streamline the processes around the approval of research projects and to pursue conformity of governance across Europe. Implicit in the report is the contention that failure to achieve this objective would be harmful to everyone with vested interests in improving health and social care. Moreover, it is stated that the reforms will enhance the mechanisms that protect the interests of all parties concerned.1Being mindful of two published critiques of the Warner Report, we suggest that its alleged benefits should not be taken at face value.2,3 In fact, the reformed system will give rise to moral failings akin to those of the existing system, but will differ from the existing system in its effect on the stakeholders. Thus, whereas the outgoing system has given each stakeholder a unique mixture of benefit and harm, the incoming system offers benefit only to sponsors and researchers and nothing but detriment to participants in research and consumers of its products.In the light of this conclusion, we finally suggest that the Warner Report be construed not merely as an ill-considered document, but rather as an ideological reflection of a long-established hegemonic contract fine-tuning itself to contemporary global challenges.To avoid …. (shrink)

The paper gives an overview of primate research and the economic-ethical 'lessons' we can derive from it. In particular, it examines the complex, multi-faceted and partially conflicting nature of (non-) human primates. Our closest living relatives, the chimpanzees and bonobos, apparently walk on two legs: a selfish and a groupish leg. Given evolutionary continuity and gradualism between monkeys, apes and humans, human primates seem to be bipolar apes as well. They, too, tend to display a dual structure: there seems to (...) be a pro-social and a self-interested side to our species and a bipolar tension seems to exist between competition and cooperation respectively between self-interest and the common good. We are apparently at the same time Homines oeconomici and Homines culturali. Our inner ape tries to combine self-interested and common good motives. Based on de Waal's Russian doll model, the essay investigates the evolutionary origins of morality and 'eusociality'. With the help of selected case studies stemming from behavioural sciences/economics, the paper illustrates examples of empathy, altruism, reciprocal fairness, pro-social and other-regarding preferences, inequity aversion and altruistic punishment in (non-)human primates. Beside this selfless and groupish side, the paper also reflects on the self-interest and egoistic nature of (non-)human primates and the behavioural and cognitive differences between monkeys, apes and humans. (shrink)

In this article we examine the association between national welfare regime and the propensity of middle–aged and older individuals with adult children of their own to provide social support to aged parents. Using data from mature adults (50+) in 26 European countries, we examine whether older and younger generations compete for the time resources of the middle “sandwiched” generation, and whether national policy context shapes this competition. Contrary to expectations, we found that sandwich generation members were less likely to provide (...) support to their parents in Conservative–Mediterranean and East European regimes, but more likely to do so in universalistic Social–Democratic regimes. This evidence supports the hypothesis that well–developed welfare states “crowd–in” family support to older individuals. Middle generation members who provided social support to their adult children tended to provide to their older parents as well. This was particularly true in the two regimes where resources and public benefits tend to be more generous and may be interpreted as state benefits that reduce intergenerational competition. Findings are discussed in terms of the capacity of state policies to shape the allocation of family resources to older adults where extended family lineages have become the norm. (shrink)

This paper discusses the logical space of alternative conceptual engineering projects, with a specific focus on (1) the processes, (2) the targets and goals, and (3) the methods of such projects. We present an overview of how these three aspects interact in the contemporary literature and discuss those alternative projects that have yet to be explored based on our suggested typology. We show how choices about each element in a conceptual engineering project constrain the possibilities for the others, thereby giving (...) rise to distinct groupings of possible projects under the banner of conceptual engineering. We conclude with a critical reflection on the potential ethical issues that arise as a result of effectively putting conceptual engineering into practice. (shrink)

Kripke’s substitutional interpretation of quantifiers is usually said to be unsatisfactory for independence-friendly (IF) languages. The purpose of this paper is to question this claim. Two accounts of substitutional semantics for IF sentences will be written down, and the objection of the so-called ‘dummy variables’ will be ruled out. Moreover, it will be argued, against the traditional view, that Game-Theoretical Semantics (GTS) should be conceived of as substitutional. The paper ends with some remarks concerning the reasons why substitution is especially (...) suitable for dynamic semantics. (shrink)

Conceptual engineering means to provide a method to assess and improve our concepts working as cognitive devices. But conceptual engineering still lacks an account of what concepts are (as cognitive devices) and of what engineering is (in the case of cognition). And without such prior understanding of its subject matter, or so it is claimed here, conceptual engineering is bound to remain useless, merely operating as a piecemeal approach, with no overall grip on its target domain. The purpose of this (...) programmatic paper is to overcome this knowledge gap by providing some guidelines for developing the theories of concepts and of cognition that will ground the systematic unified framework needed to effectively implement conceptual engineering as a widely applicable method for the cognitive optimization of our conceptual devices. (shrink)

Conceptual engineering is the method for assessing and improving our concepts. However, little has been written about how best to conceive of concepts for the purposes of conceptual engineering. In this paper, I aim to fill this foundational gap, proceeding in three main steps: First, I propose a methodological framework for evaluating the conduciveness of a given concept of concept for conceptual engineering. Then, I develop a typology that contrasts two competing concepts of concept that can be used in conceptual (...) engineering — namely, the philosophical and psychological ones. Finally, I evaluate these two concepts of concept using the proposed methodological framework and I show that, when it comes to making conceptual engineering an actionable method, the psychological concept of concept outclasses its philosophical counterpart on all counts. This provides a baseline from which the concept of concept can be further improved for the purposes of conceptual engineering. (shrink)

Despite being increasingly available to us all, retirement pensions remain unequally distributed: between rich and poor, young and old, men and women, and possibly different generations. As this topic receives little attention in moral and political philosophy, the articles in this thesis aim to deliver an original account of justice in retirement pensions along liberal egalitarian lines. The first part defends retirement pensions as a distribution of free time. It shows that including free time in the list of goods that (...) liberal egalitarians prioritise is plausible and avoids problems that would otherwise arise with other candidates, most notably leisure. Retirement as free time is an essential feature of liberal egalitarian societies by (re)distributing the means to pursue any life project, and especially valuable for the poor who work and contribute the longest. The second part makes a case for 'libertirement', a proposal to increase the freedom to enjoy free time across life, as a matter of justice between those who live long and those who die early. Specifically, I propose adding reverse pensions and sabbaticals on top of old-age retirement. Besides showing the importance of longevity for age-group justice, I also draw implications for distributing unconditional basic income and income taxes across life, which I suggest may offer alternative paths to libertirement. Finally, the third part discusses the cases of pension inequality between genders and generations, pushing us to refine our account further. I conclude that there is often a mismatch between liberal egalitarian justice and the design of retirement schemes. The solution is often but not always to reform these systems. Sometimes, we have reasons to revise our very own principles of justice. (shrink)

Plural definite descriptions across many languages display two well-known properties. First, they can give rise to so-called non-maximal readings, in the sense that they ‘allow for exceptions’. Second, while they tend to have a quasi-universal quantificational force in affirmative sentences, they tend to be interpreted existentially in the scope of negation. Building on previous works, we offer a theory in which sentences containing plural definite expressions trigger a family of possible interpretations, and where general principles of language use account for (...) their interpretation in various contexts and syntactic environments. Our theory solves a number of problems that these previous works encounter, and has broader empirical coverage in that it offers a precise analysis for sentences that display complex interactions between plural definites, quantifiers and bound variables, as well as for cases involving non-distributive predicates. The resulting proposal is briefly compared with an alternative proposal by Križ, which has similar coverage but is based on a very different architecture and sometimes makes subtly different predictions. (shrink)

Psychedelics are experiencing a renaissance in mental healthcare. In recent years, more and more early phase trials on psychedelic-assisted therapy have been conducted, with promising results overall. However, ethical analyses of this rediscovered form of treatment remain rare. The present paper contributes to the ethical inquiry of psychedelic-assisted therapy by analysing the ethical implications of its therapeutic mechanisms proposed by the relaxed beliefs under psychedelics (REBUS) hypothesis. In short, the REBUS hypothesis states that psychedelics make rigid beliefs revisable by increasing (...) the influence of bottom-up input. Put differently, patients become highly suggestible and sensitive to context during a psychedelic session, amplifying therapeutic influence and effects. Due to that, patients are more vulnerable in psychedelic-assisted therapy than in other therapeutic interventions; they lose control during a psychedelic session and become dependent on the therapeutic setting (including the therapist). This enhanced vulnerability is ethically relevant and has been exploited by some therapists in the past. Therefore, patients in current research settings and starting mainstream medical settings need to be well informed about psychedelics’ mechanisms and their implications to give valid informed consent to treatment. Furthermore, other security measures are warranted to protect patients from the vulnerability coming with psychedelic-assisted therapy. (shrink)

Conceptual engineering is the method for assessing and improving our concepts. Some have recently claimed that the implementation of such method in the form of ameliorative projects is truth-driven and should thus be epistemically constrained, ultimately at least (Simion 2018; cf. Podosky 2018). This paper challenges that claim on the assumption of a social constructionist analysis of ideologies, and provides an alternative, pragmatic and cognitive framework for determining the legitimacy of ameliorative conceptual projects overall. The upshot is that one should (...) not ameliorate for the sake of truth or knowledge, in the case of ideologies—at least, not primarily. (shrink)

Moral distress has been well reviewed in the literature with established deleterious side effects for all healthcare professionals, including nurses, physicians, and others. Yet, little is known about the quality and effectiveness of interventions directed to address moral distress. The aim of this integrative review is to analyze published intervention studies to determine their efficacy and applicability across hospital settings. Of the initial 1373 articles discovered in October 2020, 18 were appraised as relevant, with 1 study added by hand search (...) and 2 after a repeated search was completed in January and then in May of 2021, for a total of 22 reviewed articles. This review revealed data mostly from nurses, with some studies making efforts to include other healthcare professions who have experienced moral distress. Education-based interventions showed the most success, though many reported limited power and few revealed statistically lowered moral distress post intervention. This may point to the difficulty in adequately addressing moral distress in real time without adequate support systems. Ultimately, these studies suggest potential frameworks which, when bolstered by organization-wide support, may aid in moral distress interventions making a measurable impact. (shrink)

The debate surrounding ‘big tech’ and antitrust has dominated public policy discourses over the past few years in many parts of the world. Noteworthy is that several countries and regions, including China, the European Union, and the United States, have launched investigations into the allegedly anticompetitive and exclusionary business practices of companies such as Amazon, Apple, Facebook, and Google and their Chinese counterparts, Alibaba and Tencent. This paper builds on the renewed interest in the topic and discusses in detail – (...) and from an ordoliberal perspective – the key characteristics of the digital economy, the business conduct of tech platforms, and the corresponding antitrust concerns, as well as possible reform steps which could help to strengthen modern-day competition law and policy (and antitrust enforcement). (shrink)

Although moral distress is now a well-recognized phenomenon among all of the healthcare professions, few evidence-based strategies have been published to address it. In morally distressing situations, the “presenting problem” may be a particular patient situation, but most often signals a deeper unit- or system-centered issue. This article describes one institution’s ongoing effort to address moral distress in its providers. We discuss the development and evaluation of the Moral Distress Consultation Service, an interprofessional, unit/system-oriented approach to addressing and ameliorating moral (...) distress. (shrink)

Conceptual engineering is the method for assessing and improving our representational devices. On its ‘broad-spectrum’ version, it is expected to be appropriately applicable to any of our representation-involving cognitive activities, with major consequences for our whole cognitive life. This paper is about the theoretical foundations of conceptual engineering thus characterised. With a view to ensuring the actionability of conceptual engineering as a broad-spectrum method, it addresses the issue of how best to construe the subject matter of conceptual engineering and successively (...) defends the theses that conceptual engineering should be: (i) About concepts, (ii) psychologically theorised, (iii) as multiply realised functional kinds. Thereby, I claim to theoretically secure and justify the maximum scope, flexibility, and impact for the method of conceptual engineering on our representational devices in our whole cognitive life—in other words, a broad-spectrum version of conceptual engineering. (shrink)

The paper presents a renewed Habermasian view on transnational multi-stakeholder initiatives (MSIs) and assesses the institutional characteristics of the Equator Principles Association (EPA) from a deliberative democracy perspective. Habermas’ work has been widely adopted in the academic literature on the political responsibilities of (multinational) corporations (i.e., political corporate social responsibility), and also in assessing the democratic qualities of MSIs. Commentators, however, have noted that Habermas’ approach relies very much on ‘nation-state democracy’ and may not be applicable to democracy in MSIs—in (...) which nation-states are virtually absent. We argue that Habermas’ detailed conceptualization of the institutionalization of deliberative democracy can be applied to transnational MSIs if these initiatives can be said to have their own ‘dèmoi’ that can be represented in associational decision-making. Therefore, we develop a definition of the dèmos of an MSI based on the notion of collective agency. Subsequently, we explain how Habermas’ approach to democracy can be applied to MSIs and show that it has more to offer than hitherto has been uncovered. Our illustrative analysis of the EPA confirms the criticisms regarding this MSI which have recently been articulated by researchers and practitioners, but also yields new findings and possible avenues for the further development of the EPA: That is, although our assessment suggests that the EPA in its current state is still far from being a democratic MSI, the possibility of a sensible analysis of its democratic character indicates that transnational MSIs can, in principle, help to fill governance gaps in a democratic way. (shrink)

In the light of several ongoing antitrust investigations in the E.U. and the U.S., the following research paper analyzes whether ‘big tech’ – same as the big banks – need special regulatory (and economic -political) attention and if so, how an updated form of regulatory policy for the digital era could look like. It does so by utilizing – and reviving – the normative and business -ethical ideals of German ‘neoliberalism’, also known as (classical) ordoliberalism. Especially, Walter Eucken’s work has (...) the potential to inform and enrich the current debate concerning the regulation of big tech. The main goal of the paper is to outline a potentially new regulatory framework – one that combines (and revises) Eucken’s ordoliberalism with the competition policy of the European Union. (shrink)

The recent emergence of machine-manipulated media raises an important societal question: How can we know whether a video that we watch is real or fake? In two online studies with 15,016 participants, we present authentic videos and deepfakes and ask participants to identify which is which. We compare the performance of ordinary human observers with the leading computer vision deepfake detection model and find them similarly accurate, while making different kinds of mistakes. Together, participants with access to the model’s prediction (...) are more accurate than either alone, but inaccurate model predictions often decrease participants’ accuracy. To probe the relative strengths and weaknesses of humans and machines as detectors of deepfakes, we examine human and machine performance across video-level features, and we evaluate the impact of preregistered randomized interventions on deepfake detection. We find that manipulations designed to disrupt visual processing of faces hinder human participants’ performance while mostly not affecting the model’s performance, suggesting a role for specialized cognitive capacities in explaining human deepfake detection performance. -/- . (shrink)

Presupposition, vagueness, and oddness can lead to some sentences failing to have a clear truth value. The homogeneity property of plural predication with definite descriptions may also create truth-value gaps: The books are written in Dutch is true if all relevant books are in Dutch, false if none of them are, and neither true nor false if, say, half of the books are written in Dutch. We study the projection property of homogeneity by deploying methods of general interest to identify (...) truth-value gaps. Method A consists in collecting both truth judgments and, independently, falsity judgments. The second method, employed in experiment series B and C, is based on one-shot ternary judgments: completely true vs. completely false vs. neither. After a calibration of these methods, we use them to demonstrate that homogeneity projects out of negation, the scope of universal sentences and the scope of non-monotonic quantifiers such as exactly two, to some extent. We assess our results in light of different theoretical approaches to homogeneity—approaches based on presuppositions, scalar implicatures, and something like supervaluations, respectively. We identify free parameters in these theories and assess various variants of them based on our results. Our experimental paradigms may be of broader significance insofar as they can be applied to other phenomena which result in the failure of a sentence to have a definite truth value. (shrink)

The past few years have seen the opening of several antitrust investigations against some of the most dominant and powerful companies in the world—e.g., the U.S. Department of Justice, numerous states, and the Federal Trade Commission have sued Google, Facebook, and Amazon, and the E.U. has launched additional proceedings against Amazon, Apple, Facebook, and Google. This paper looks at the latest trends and developments in the E.U. and the USA and analyzes the different regulatory approaches taken from a distinct business (...) ethics, that is, ordoliberal perspective. The paper aims to derive ordoliberal-inspired antitrust principles and apply them to the current antitrust proceedings and investigations, thereby assessing their strengths and weaknesses. It also aims at developing ordoliberal-inspired reform proposals which might help to strengthen and “harden” modern-day antitrust regimes. (shrink)

This article seeks the origin, in the theories of Ibn al-Haytham (Alhazen), Descartes, and Berkeley, of two-stage theories of spatial perception, which hold that visual perception involves both an immediate representation of the proximal stimulus in a two-dimensional ‘‘sensory core’’ and also a subsequent perception of the three dimensional world. The works of Ibn al-Haytham, Descartes, and Berkeley already frame the major theoretical options that guided visual theory into the twentieth century. The field of visual perception was the first area (...) of what we now call psychology to apply mathematics, through geometrical models as used by Euclid, Ptolemy, Ibn al-Haytham, and Descartes (among others). The article shows that Kepler’s discovery of the retinal image, which revolutionized visual anatomy and entailed fundamental changes in visual physiology, did not alter the basic structure of theories of spatial vision. These changes in visual physiology are advanced especially in Descartes' Dioptrics and his L'Homme. Berkeley develops a radically empirist theory vision, according to which visual perception of depth is learned through associative processes that rely on the sense of touch. But Descartes and Berkeley share the assertion that there is a two-dimensional sensory core that is in principle available to consciousness. They also share the observation that we don't usually perceived this core, but find depth and distance to be phenomenally immediate, a point they struggle to accommodate theoretically. If our interpretation is correct, it was not a change in the theory of the psychology of vision that engendered the idea of a sensory core, but rather the introduction of the theory into a new metaphysical context. (shrink)

Quite unexpectedly, cognitive psychologists find their field intimately connected to a whole new intellectual landscape that had previously seemed remote, unfamiliar, and all but irrelevant. Yet the proliferating connections tying together the cognitive and evolutionary communities promise to transform both fields, with each supplying necessary principles, methods, and a species of rigor that the other lacks. (Cosmides and Tooby, 1994, p. 85).