This article analyses the rationality of the principle of proportionality as a justificatory method for solving cases involving conflicts of constitutional principles. It addresses the “problem of comparability”: a set of arguments claiming that proportionalists fail to understand what happens when constitutional principles collide. The problem of comparability suggests that balancing cannot be done if some conflicts of constitutional principles are, in reality, cases of noncomparability, incommensurability, incomparability, or vagueness. In this article, I challenge the views of both proportionalists and (...) their skeptics. Against the skeptics, I argue that proportionality can survive the challenge posed by the problem of comparability. Against the proportionalists, I submit that proportionality cannot be understood as a system of tradeoffs between degrees of satisfaction of principles. If comparison among constitutional principles is to be rational, we need a different approach to normativity—one that allows for the possibility of parity. (shrink)

There are two traditions of thinking about idealization offering almost opposite views on their functioning and epistemic status. While one tradition views idealizations as epistemic deficiencies, the other one highlights the epistemic benefits of idealization. Both of these, however, identify idealization with misrepresentation. In this article, we instead approach idealization from the artifactual perspective, comparing it to the distortion-to-reality accounts of idealization, and exemplifying it through the case of the Hodgkin and Huxley model of nerve impulse. From the artifactual perspective, (...) the epistemic benefits and deficiencies introduced by idealization frequently come in a package due to the way idealization draws together different resources in model construction. Accordingly, idealization tends to be holistic in that it is not often easily attributable to just some specific parts of the model. Instead, the idealizing process tightly embeds theoretical concepts and formal tools into the construction of a model. (shrink)

Jason Brennan has argued that democracy is intrinsically unjust, for it grants voting power to politically incompetent individuals, thus exposing people to an undue risk of harm. He claims democracy should be replaced by epistocracy, i.e., the rule of the knowers. In this paper, I show that his argument fails. First, Brennan mistakes voters’ competence for voters’ trustworthiness. Second, despite Brennan's claim to the contrary, an epistocracy may not reduce people’s exposure to an undue risk of harm. Third, Brennan overlooks (...) the fact that citizens are not equally affected by ‘bad voting.’ Fourth, far from being a defence of libertarian ideals, Brennan's argument supports paternalism. (shrink)

Se describe, desde una perspectiva histórica, el proceso institucional y legal de los estudios generales en Perú en el último siglo, tomado en cuenta sus contextos políticos e intelectuales. También se reflexiona sobre la dimensión humanista de los estudios generales y la razón de ser de la educación universitaria.

Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this claim, (...) I defend an account of political obligation framed in terms of respect for (rather than mere obedience to) the law, and argue that the mere illegality of civil disobedience does not suffice to establish wrongdoing. I then discuss and reject three objections to my argument. (shrink)

The fair-play theory of punishment claims that the state is justified in imposing additional burdens on law-breakers, to remove the unfair advantage the latter have enjoyed by disobeying the law. From this perspective, punishment reestablishes a fair distribution of benefits and burdens among all citizens. In this paper, I object to this view by focusing on the case of civil disobedience. I argue that the mere illegality of this conduct is insufficient to establish the agent’s unfair advantage over his lawabiding (...) fellows, hence the imposition of additional burdens upon him through legal punishment. I articulate a broader account of citizens’ fair-play duties, able to capture disobedience as well as obedience to the law. While claiming that some law-breakers may not be treated as free-riders, I also gesture at the fact that some law-obeying citizens may not be ‘playing fair’: in some cases, a failure to engage in civil disobedience represents a failure to do one’s own part within the cooperative scheme of society. (shrink)

Este artículo presenta inicialmente algunas referencias en torno a la noción de progreso moral, las cuales habitualmente apuntan a la idea según la cual este, en efecto, se da gracias a un mejoramiento paulatino en la humanidad. Si bien tal afirmación engloba una generalidad, el problema puede permitirse un espacio de discusión más sólido, reconociendo que el progreso es, además, reflexión desde el punto de vista kantiano y deducción de la historia por parte de Fichte. Con todo ello, se busca (...) aportar contenido al afirmar que, si bien estos autores apelan a escenarios morales y teológicos para evaluar el futuro, en rigor sus intereses son los fortalecimientos del Estado de derecho para el caso fichteano y de las instituciones para Kant, lo cual resulta en una suerte de perfectibilidad humana. (shrink)

It is still an open question whether or not Civil Disobedience (CD) has to be completely nonviolent. According to Rawls, “any interference with the civil liberties of others tend to obscure the civilly disobedient quality of one's act”. From this Rawls concludes that by no means can CD pose a threath to other individuals' rights. In this paper I challenge Rawls' view, arguing that CD can comprise some degree of violence without losing its “civil” value. However, I specify that violence (...) must not be aimed at seriously injuring, or even killing, other individuals. This would contravene the communicative aspect of CD. The main claim is that what really is important is that the civil disobedients be willing to accept the punishment following their law-breaking behaviour. By doing so, they demonstrate the conscientiousness of their civilly disobedient action. This also shows that they are aiming for future cooperation with the State, and are expecting the State to be sensitive to their concern for the principles of justice. (shrink)

Acts of civil disobedience, which imply the open violation of a legal directive, often result in the forceful imposition of a choice upon others (e.g. blockades). This is sometimes justifiable, within a democracy, in cases of ‘democratic deficit’, namely, when fundamental rights of an oppressed minority are at stake. In this article, I claim that the use of physical force, in a democracy, may also be justified by the rights of (at least some of) the very people upon whom force (...) is applied. Focusing on the nature of civil disobedience as a ‘form of address’, I argue: (1) using physical force to address others in the democratic arena does not entail infringing upon their status as autonomous agents; (2) using physical force to address others in the democratic arena may contribute to the fulfilment of a positive duty to promote the autonomy of (at least some of) those very people upon whom force is applied. This is not a defence of paternalism: I claim that using force against others, in the democratic arena, may be constitutive of a behaviour that treats others with the respect due to their status as autonomous agents. (shrink)

From a perspective focused on Law, but open to other fields, an evaluation of the influence of Cicero’s thought the analysis of his main works is attempted. No doubt, Cicero’s ideas have been crucial in the development of Western Culture, and two thousand years later his theories still remain alive.

This paper considers the boundaries of "civility" in civil disobedience, by focusing on an extreme form of protest, namely, bossnapping. The latter involves workers 'kidnapping' their bosses, in order to force them to listen to their grievances. I argue that, notwithstanding its use of force, bossnapping may, under some circumstances, fulfil the requirements of a "civil" act of disobedience.

What is the difference between civil and uncivil disobedience? How can illegal protest be compatible with a democratic regime based on the rule of law? Is Edward Snowden a civil disobedient? This book follows the philosophical debate around these and other issues, showing how the notion of civil disobedience has evolved from a form of passive resistance against injustice, to an active way to engage with the political life of the community. The author presents the major contributions in political and (...) legal philosophy, ranging from John Rawls' seminal account in 1971, to the recent views advanced by Kimberley Brownlee, David Lefkowitz and William Smith. In the last chapter, the author proposes a novel account of civil disobedience, able to meet some of the unresolved challenges. The author argues that, to make sense of civil disobedience, we should expand our conception of political obligation, so to include acts that, despite being illegal, may reveal the agent's civility. (shrink)

The paper tries to elucidate some of the implications of using phenomenology in anthropological research. The starting point is Blumenberg’s critique of the Husserlian Anthropologieverbot, against which he proposes a phenomenological anthropology as a “description of man” that can never be completed. This idea resonates with the use of phenomenology in contemporary ethnographic and anthropological works: the problem stems from the “disempowering” effect that this anthropological use has on the phenomenological analytical power. Phenomenology has, from an anthropological point of view, (...) the great advantage of offering a “trans-ontological” perspective able to let the Other speak. Many influential anthropologists cite Merleau-Ponty as a key figure in their approach, as in the case of Csordas’ “embodiment paradigm”, Jackson’s “existential anthropology” or Throop’s idea of an “ethnographic epoché”. This is equally true for two of the key figures of the “Ontological turn”, Descola and Ingold, albeit in radically different ways. On the contrary, it is difficult to find philosophers influenced by “non-philosophical” anthropology. The paper discusses both advantages and limits of phenomenological approaches in anthropology, adopting philosophical and anthropological perspectives, attempting to understand the deeply asymmetrical relation of the two disciplines. (shrink)

ABSTRACTThis article examines the Trinitarian anthropology inherent in the ‘charism of unity’ that characterizes the Focolare Movement stemming from the mystical experience of Chiara Lubich. After describing the theological cornerstones of this charism―namely the evangelical centrality of the commandment of reciprocal love, the circularity between theology and anthropology and Jesus Forsaken as the Christological key to understanding and achieving unity―the article studies its cultural implications as reflected in the philosophical and theological contribution of Klaus Hemmerle. In dialogue with modern thought, (...) Hemmerle in fact draws from and develops the anthropological meaning of the charism of unity as a feasible way to respond to the most acute challenges of today. (shrink)

These proceedings collect the selected contributions of participants of the First Karl Schwarzschild Meeting on Gravitational Physics, held in Frankfurt, Germany to celebrate the 140th anniversary of Schwarzschild's birth. They are grouped into 4 main themes: I. The Life and Work of Karl Schwarzschild; II. Black Holes in Classical General Relativity, Numerical Relativity, Astrophysics, Cosmology, and Alternative Theories of Gravity; III. Black Holes in Quantum Gravity and String Theory; IV. Other Topics in Contemporary Gravitation. Inspired by the foundational principle ``By (...) acknowledging the past, we open a route to the future", the week-long meeting, envisioned as a forum for exchange between scientists from all locations and levels of education, drew participants from 15 countries across 4 continents. In addition to plenary talks from leading researchers, a special focus on young talent was provided, a feature underlined by the Springer Prize for the best student and junior presentations. (shrink)

After the global economic collapse triggered by the Great Recession, there has been an increased interest in the potential psychological implications of periods of economic decline. Recent evidence suggests that negative personal experiences linked to the economic crisis may lead to diminished generalized trust (i.e., the belief that most of the people of the society are honest and can be trusted). Adding to the growing literature on the psychological consequences of the economic crisis, we propose that the perceived personal impact (...) of the economic crisis not only would undermine generalized trust but also may lead to increased interpersonal trust (i.e., directed to specific and close people) and depersonalized in-group trust (i.e., directed to individuals who, while strangers, belong to the same group [e.g., social class]). Across three studies (N = 1379), we tested these central hypotheses and ascertained whether the perceived personal impact of the crisis would predict these types of trust (assessed using questionnaire and behavioral measures) independent of individuals’ socioeconomic status. Non-experimental data from Study 1 revealed that a higher perceived personal impact of the crisis is related to lower levels of generalized trust and higher levels of interpersonal trust. These effects were independent of participants’ socioeconomic status. Non-experimental data from Study 2 replicated the findings obtained in Study 1 and also showed a positive association between the perceived personal impact of the crisis and depersonalized in-group trust. This pattern of results emerged even after controlling for socioeconomic status, gender, age, political orientation, religiosity, and unemployment status. In Study 3, using an experimental design, we found that the salience of a possible economic downturn led to decreased generalized trust and increased interpersonal and depersonalized in-group trust—independently of socioeconomic status—compared with the control condition. These results challenge the conventional wisdom that economic crises invariably undermine trust in others. The implications of the present research as well as future research directions are discussed. (shrink)

Idealization is commonly understood as distortion: representing things differently than how they actually are. In this paper, we outline an alternative artifactual approach that does not make misrepresentation central for the analysis of idealization. We examine the contrast between the Hodgkin-Huxley (1952a, b, c) and the Heimburg-Jackson (2005, 2006) models of the nerve impulse from the artifactual perspective, and argue that, since the two models draw upon different epistemic resources and research programs, it is often difficult to tell which features (...) of a system the central assumptions involved are supposed to distort. Many idealizations are holistic in nature. They cannot be locally undone without dismantling the model, as they occupy a central position in the entire research program. Nor is their holistic character mainly related to the use of mathematical and statistical modeling techniques as portrayed by Rice (2018, 2019). We suggest that holistic idealizations are implicit theoretical and representational assumptions that can only be understood in relation to the conceptual and representational tools exploited in modeling and experimental practices. Such holistic idealizations play a pivotal role not just in individual models, but also in defining research programs. -/- . (shrink)

Es escasa la investigación sobre las competencias necesarias para educar eficazmente en los primeros años de vida, y sobre los factores que influyen en la adquisición de una identidad docente de calidad para trabajar en Educación Infantil (EI). Los resultados de la presente revisión integradora apuntan que (1) el profesorado excelente de EI atiende a la diversidad de su alumnado, (2) las comunidades de práctica contribuyen a la adquisición de una identidad docente excelente, y (3) ciertas deficiencias en los programas (...) de formación docente y determinados factores contextuales obstaculizan un desempeño docente excelente. (shrink)

My aim is to defend Winch's view that morality must be autonomous from religion. I defend him from Mounce's criticism, who claims that unless morality is supported by divine law, moral relativism cannot be avoided. Winch considers the Samaritan's behaviour and says (i) that the background of divine law is irrelevant to the parable; (ii) that we do not need divine law to understand the Samaritan's impossibility to ignore the victim; (iii) and that the absolute moral ought requires no external (...) support provided by religion. Winch adds that God cannot make any moral demand on humans, and thus He cannot reward them with salvation or punish them, without turning Himself into a means of moral corruption. All this spells the end of religion at least as far as the relation between God and man's moral and spiritual life is concerned; while relativism is shown to be morally corrupt and internally inconsistent. (shrink)

Protein aggregation has been studied for at least 3 decades, and many of the principles that regulate this event are relatively well understood. Here, however, we present a different perspective to explain why proteins aggregate: we argue that aggregation may occur as a side‐effect of the lack of one or more natural partners that, under physiologic conditions, would act as chaperones. This would explain why the same surfaces that have evolved for functional purposes are also those that favour aggregation. In (...) the course of reviewing this field, we substantiate our hypothesis with three paradigmatic examples that argue for the generality of our proposal. An obvious corollary of this hypothesis is, of course, that targeting the physiological partners of a protein could be the most direct and specific approach to designing anti‐aggregation molecules. Our analysis may thus inform a different strategy for combating diseases of protein aggregation and misfolding. (shrink)