Uno de los temas de más profundo debate en la filosofía del derecho de los últimos años ha sido el de las maneras en que dar cuenta del fenómeno del desacuerdo entre operadores jurídicos y entre juristas a la hora de desentrañar el contenido del derecho y, por ende, de dar con la respuesta jurídica para controversias particulares. A partir del trabajo de Ronald Dworkin, el tema se ha convertido en un instrumento de intenso análisis crítico del positivismo jurídico y (...) consecuentemente ha generado diversos enfoques que intentan dar cuenta del fenómeno de manera armónica con las tesis positivistas centrales. Uno de estos enfoques, en particular, intenta afrontar este desafío ligando al positivismo con un análisis expresivista del discurso jurídico de primer orden; análisis análogo al que importantes autores abocados a la metaética contemporánea han propuesto para el discurso moral. En el presente trabajo presento los lineamientos centrales de este enfoque iusfilosófico, indagando tanto en algunas de sus virtudes como en algunas de sus mayores dificultades. (shrink)

This paper is divided into two parts. In the first one I distinguish between weak and strong Anti-Archimedeanisms, the latter being the view that metaethics, just as any other discipline attempting to work out a second-order conceptual, metaphysical non-committed discourse about the first-order discourse composing normative practices, is conceptually impossible or otherwise incoherent. I deal in particular with Ronald Dworkin’s famous exposition of the view. I argue that strong Anti-Archimedeanism constitutes an untenable philosophical stance, therefore making logical space for the (...) practice of a discipline such as metaethics—conceived as ethically neutral. This makes space, concurrently, for neutral conceptual jurisprudence. In the second part of the article, I attempt to show two things. On the one hand, that Dworkin’s widely discussed ‘challenge of disagreements’ to legal positivism is founded upon strong Anti-Archimedeanism. On the other hand, that having rejected strong Anti-Archimedeanism we should consequently reject the challenge as a serious challenge to positivism. This move, of course, does not thereby imply that accounting for legal disagreements is not an important jurisprudential task. But it marks—contra Dworkin—that there is no principled or a priori impossibility of doing so within a positivist framework. (shrink)

The aim of this study is to explore how nurses perceive patient participations of patients over 75 years old undergoing hemodialysis treatment in dialysis units, and of their next of kin. Ten nurses told stories about what happened in the dialysis units. These stories were analyzed with critical discourse analysis. Three discursive practices are found: (1) the nurses’ power and control; (2) sharing power with the patient; and (3) transferring power to the next of kin. The first and the predominant (...) discursive practice can be explained with an ideology of paternalism, in which the nurses used biomedical explanations and the ethical principle of benefice to justify their actions. The second can be explained with an ideology of participation, in which the nurses used ethical narratives as a way to let the patients participate in the treatment. The third seemed to involve autonomous decision-making and the ethical principle of autonomy for the next of kin in the difficult end-of-life decisions. (shrink)

We have identified a sample of 53 societies outside of the classical Himalayan and Marquesean area that permit polyandrous unions. Our goal is to broadly describe the demographic, social, marital, and economic characteristics of these societies and to evaluate some hypotheses of the causes of polyandry. We demonstrate that although polyandry is rare it is not as rare as commonly believed, is found worldwide, and is most common in egalitarian societies. We also argue that polyandry likely existed during early human (...) history and should be examined from an evolutionary perspective. Our analysis reveals that it may be a predictable response to a high operational sex ratio favoring males and may also be a response to high rates of male mortality and, possibly, male absenteeism. Other factors may contribute, but our within-polyandry sample limits analysis. (shrink)

Big Ideas for Little Kids includes everything a teacher, a parent, or a college student needs to teach philosophy to elementary school children from picture books. Written in a clear and accessible style, the book explains why it is important to allow young children access to philosophy during primary-school education. Wartenberg also gives advice on how to construct a "learner-centered" classroom, in which children discuss philosophical issues with one another as they respond to open-ended questions by saying whether they agree (...) or disagree with what others have said. (shrink)

Arguing that psychologists and their predecessors have invariably relied on metaphors in articulation, the contributors to this volume offer a new "key" to understanding a critically important area of human knowledge by specifying the major metaphors.

A dialogue between a foreign philosopher and a powerful statesman outline Plato's reflections on the family, the status of women, property rights, and criminal law.

В статье философия характеризуется на основе дискурсной парадигмы анализа: как текст, интеллектуальная деятельность и коммуникация. Характеризуются два равнозначных аспекта философского дискурса - когнитивный и коммуникативный. Обсуждается феномен философских контроверз, специфика философского спора, выразительные (знаковые) средства философского дискурса, роль мировоззренческого дискурса в современной общественно-политической ситуации в стране.

Background: Despite an increase in health research conducted in Africa, there are still inadequate human resources with research ethics training and lack of local long-term training opportunities in research ethics. A research ethics training program named United States-Mali Research Ethics Training Program (US-Mali RETP) was established through a partnership between the George Washington University Milken Institute School of Public Health (GWSPH), USA and University of Sciences, Techniques & Technologies of Bamako (USTTB), to address the critical need for improved bioethics training, (...) leadership, and policy in Mali. Methods: The aims of the capacity building programme are achieved by leveraging US and Africa-based expertise to strengthen research ethics education and capacity through: (1) intensive faculty development to design ethics training curricula; (2) development of a research ethics specialization within the existing Masters of Public Health program (MPH); and (3) establishing professional development courses through short-term training workshops and webinars to address research and professional needs in ethics. Results: The program will strengthen USTTB’s capacity of research ethics by training at least 15 MPH students over 5 years to prepare the next generation of ethics researchers. During the first two years of the program, a new ethics training curricula was developed, two cohorts of Master’s students were enrolled, and a series of webinars and workshops were conducted with participation of Malian and international researchers. Conclusions: US-Mali RETP will promote a sustainable bioethics enterprise at USTTB, and enable dissemination of research ethics training to increase health research capacity in Mali. (shrink)

Many writers in various fields--philosophy, religion, literature, and psychology--believe that the question of the meaning of life is one of the most significant problems that an individual faces. In The Meaning of Life, Second Edition, E.D. Klemke collects some of the best writings on this topic, primarily works by philosophers but also selections from literary figures and religious thinkers. The twenty-seven cogent, readable essays are organized around three different perspectives on the meaning of life. In Part I, the readings assert (...) and defend the theistic view that without the existence of God--or faith in God--life has no significance or purpose. In Part II the selections deny this thesis, defending instead the humanistic alternative--that life has or can have meaning and worth without any theistic beliefs or commitment. In the final group of readings, contributors ask if the question of the meaning of life is in itself legitimate and significant. The volume also includes an introduction by the editor and a selected bibliography. This new edition adds essays by A. J. Ayer, Hazel Barnes, William Lane Craig, Owen Flanagan, Antony Flew, Thomas Nagel, Kai Nielsen, Philip L. Quinn, Arthur Schopenhauer, and Walter T. Stace. The only anthology of its kind, The Meaning of Life, Second Edition, is ideal for courses in introduction to philosophy and human nature. It also provides an accessible and stimulating introduction to the subject for general readers. (shrink)

Although the equally pervasive and abstract concept of space has generated a vast body of disciplines, time, and the related idea of "becoming" (transforming, ...

About 6% of women in the world live in countries that ban all abortions, and 34% in countries that only allow abortion to preserve maternal life or health. In the USA, over the last decades—even before Dobbs v. Jackson Women’s Health Organization overturned the federal right to abortion—various states have sought to restrict abortion access. Often times, this legislation has been advanced based on legislators’ personal moral values. At the bedside, in contrast, provision of abortion care should adhere to the (...) normative principles of medical ethics and reproductive justice, centreing patients and their individual reproductive intentions and desires. Abortion regulations, through their influence on patients and providers, may facilitate or impede such ethical care at the bedside. In this paper, we present a framework to model how abortion legislation should fit into the patient–provider relationship and to clarify the dynamics by which legislation may affect healthcare encounters. Our proposed framework serves as a tool to analyse the ethical impact of abortion regulations. We propose a model for assessing abortion policies based not on legislators’ or advocates’ individual moral claims, but on the shared, normative framework of clinical medical ethics. Through contrasting case studies, we demonstrate how a robust normative ethical framework can recentre patients and their reproductive needs. Our model is one way to account for—and safeguard—patients’ diverse viewpoints and needs in the development of abortion policy, and it can serve to ground narratives for advocacy by healthcare workers and their professional organisations. (shrink)

Marxist Philosophy or Marx's Philosophy? The general idea of this little book is to understand and explain why Marx will still be read in the twenty-first ...

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Because factory-farmed meat production inflicts gratuitous suffering upon animals and wreaks havoc on the environment, there are morally compelling reasons to become vegetarian. Yet industrial plant agriculture causes the death of many field animals, and this leads some to question whether consumers ought to get some of their protein from certain kinds of non factory-farmed meat. Donald Bruckner, for instance, boldly argues that the harm principle implies an obligation to collect and consume roadkill and that strict vegetarianism is thus immoral. (...) But this argument works only if the following claims are true: all humans have access to roadkill, roadkill would go to waste if those who happen upon it don’t themselves consume it, it’s impossible to harvest vegetables without killing animals, the animals who are killed in plant production are all-things-considered harmed by crop farming, and the best arguments for vegetarianism all endorse the harm principle. As I will argue in this paper, each claim is deeply problematic. Consequently, in most cases, humans ought to strictly eat plants and save the roadkill for cats. (shrink)

This chapter introduces and defends a pragmatist model of aesthetic disagreement that avoids many of the philosophical puzzles generated by the traditional, semantic, approach. Mainstream philosophical inquiry into aesthetic disagreement begins with a rather innocuous assumption: to understand what’s going on we must first explain what disputants are saying, which involves identifying the meaning of the relevant expressions or determining how aesthetic claims could be true. However, this task brings with it a new host of semantic and epistemic puzzles and (...) fails to vindicate the central role aesthetic disagreements occupy in our aesthetic lives more generally. Further, it isn’t clear how settling the meaning of aesthetic expressions bears on everyday aesthetic disagreements. Paying attention to what we do in an aesthetic disagreement will give us a better chance at identifying what matters for determining what we say. (shrink)