RESUMEN Introducción: El proceso de cuidar es el resultado de una construcción propia de cada situación, se origina con la identificación de los problemas de salud y las necesidades reales o potenciales de las personas, familia y comunidad que demandan cuidado. Objetivo: Evaluar el impacto del Diplomado Prevención del Síndrome de Burnout, en el autocuidado del personal de enfermería de la Atención Secundaria de Salud de la provincia Camagüey. Métodos: Se realizó un estudio descriptivo observacional, en el Hospital Amalia Simoni (...) Argilagos de Camagüey, durante el Diplomado Prevención del Síndrome de Burnout dirigido al personal de enfermería de la Atención Secundaria de Salud. Para ello se aplicó una encuesta y el Test Psicológico de Maslach y Jackson al inicio y al final de la aplicación del Diplomado. Los datos aportados por estos instrumentos se complementaron con los provenientes de la aplicación de la técnica del PNI. Resultados: Predominó el sexo femenino. El total de los cursistas son licenciados en Enfermería. Con la ejecución del diplomado se constatan cambios importantes en cuanto a la autopreparación, el rendimiento, los hábitos de descanso, satisfacción personal y realización de ejercicios físicos. Discusión: La aplicación del diplomado logró transformar estilos de trabajo, afrontamientos al estrés, así como una mejor satisfacción personal y colectiva. ABSTRACT Introduction: The process of taking care is the result of a proper construction of every situation, it originates with the identification of the problems of health and the real or potential needs of the persons, family and community that demand care. Objective: To evaluate the impact of Postgraduate Course Prevention of the Syndrome of Burnout, in the self-care of the personnel of infirmary of the Secondary Attention of Health of the Camagüey province. Methods: a descriptive, observational study was carried out in the Hospital Amalia Simoni Argilagos of Camagüey, during Postgraduate Course Prevention of the Syndrome of Burnout directed to the personnel of infirmary of the Secondary Attention of Health. For that reason, a survey and the Psychological Test of Maslach and Jackson was applied at the beginning and at the end of the application of the course. The information contributed by these instruments complemented itself with the originated ones from the application of the technique of the PNI. Results: The sex that predominated was the feminine one. All of the students are licensed in Infirmary. With the execution of the course important changes are stated as for the self-preparation, the yield, the habits of rest, personal satisfaction and achievement of physical exercises. Discussion: The application of the course managed to transform styles of work, confrontations to the stress, as well as a better personal and collective satisfaction. (shrink)

Semantic relativism maintains that the truth-value of some propositions is sensitive to a judge parameter, facilitating cases whereby a proposition can be true relative to one judge, but false relative to another. Most prominently, semantic relativism has been applied to predicates of personal tastes (PPTs). Recently, Lasersohn [2007. “Expressives, Perspective and Presupposition.” Theoretical Linguistics 33 (2): 223–230; 2017. Subjectivity and Perspective in Truth-Theoretic Semantics. Oxford: Oxford University Press] has urged an extension of semantic relativism to terms traditionally construed as expressives (...) including derogatory epithets (e.g. ‘asshole’) and, more tentatively, expressions like ‘damn’. In this paper, we challenge Lasersohn’s extension of relativism. Section 1 gives a background on semantic theories for expressives and on semantic relativism. In Section 2, we focus on Lasersohn’s [2007. “Expressives, Perspective and Presupposition.” Theoretical Linguistics 33 (2): 223–230] account where he attempts to apply relativism to a wider range of expressives. We argue that because PPTs and expressives have fundamentally different semantic functions, the prospects for a relativistic account are slim. Several problems are presented. Our focus is on the perspective sensitivity of expressive content and the phenomenon of projection failure, as both reveal a fundamental disparity between expressives and PPTs. (shrink)

In this paper we motivate and develop a new approach to predicates of personal taste within the framework of semantic relativism. Our primary goal is to explain faultless disagreement—the phenomenon where two parties disagree, yet both have uttered something true—which is often thought to arise from the use of predicates of personal taste. We combine semantic relativism with an expressivist semantics to yield a novel hybrid theory which we call _Expressive-Relativism_. We motivate the theory by rehearsing a famous objection to (...) Relativism from Frege which we interpret as severing the connection between contradiction and disagreement for relativists. Endorsing the objection, we respond by enriching relativism with an expressivist component which explains disagreement over matters of taste as a refusal to share perspectives rather than as resting on contradiction. (shrink)

The article focuses on the inconsistency between the European Commission’s position on excluding military AI from its emerging AI policy, and at the same time EU policy initiatives targeted at supporting military and defence elements of AI on the EU level. It leads to the question, what, then, does the debate on military AI suggest to the EU’s actorness discussed in the light of Europe as a power debate with a particular focus on Normative Power Europe, Market Power Europe, and (...) Military Power Europe. By employing discourse analysis, the article examines the EU’s AI strategic discourse, consisting of selected AI-related policy documents from different EU institutions. As a result, the article proposes the Military Power Europe definition based on four categories proposed from the Europe as power debate: ways of action, self-definition, preferred international engagement, and the role of the military. It argues that alongside normative proposals for military AI governance, there are evident desires for militarization in the context of AI development, and a considerable role for the military in the future directions of the EU’s digital and security policies. Despite the inconsistency among EU institutions, military AI appears to be actively discussed within the selected discourse, and so is a part of the EU’s emerging AI policy. (shrink)

Indexical contextualism (IC) is an account of predicates of personal taste (PPTs) which views the semantic content of PPTs as sensitive to the context in which they are uttered, by virtue of their containing an implicit indexical element. Should the context of utterance change, the semantic content carried by the PPT will also change. The main aim of this paper is to show that IC is unable to provide a satisfactory account of PPTs. I look at what I call “pure” (...) IC accounts and show that because they fail to respect empirical data regarding disagreements where neither person is at fault, known as “faultless disagreements”, they must be rejected. I then go on to consider what I call IC “plus” (IC+) accounts. Such accounts attempt to account for the faultlessness of such disagreements using a simple indexical semantics, whilst introducing some extra ingredient to account for the disagreement part. I focus on two main versions of IC+: Gutzmann’s (in: Meier, van Wijnberger-Huitink (eds) Subjective meaning: alternatives to relativism, De Gruyter, Berlin, 2016) expressivist account, and López de Sa’s (in: García-Carpintero, Kölbel (eds) Relative truth, Oxford University Press, Oxford, 2008; Erkenntnis 80(Supp 1):153–165, 2015) presuppositional account. I discuss some internal worries with these accounts before going on to some final remarks about IC/IC+ in general. I conclude that neither IC nor IC+ can provide a satisfactory semantics for PPTs. (shrink)

Much of the literature on the relationship between belief and credence has focused on the reduction question: that is, whether either belief or credence reduces to the other. This debate, while important, only scratches the surface of the belief-credence connection. Even on the anti-reductive dualist view, belief and credence could still be very tightly connected. Here, I explore questions about the belief-credence connection that go beyond reduction. This paper is dedicated to what I call the independence question: just how independent (...) are belief and credence? I look at this question from two angles: a descriptive one (as a psychological matter, how much can belief and credence come apart?) and a normative one (for a rational person, how closely connected are belief and credence?) Ultimately, I suggest that the two attitudes are more independent than one might think. (shrink)

Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 (...) and 82 of the Treaty has expanded Commission’s powers stating that Commission can by decision order an inspection to be conducted in any other premises, land and means of transport, including the homes of directors, managers and other members of staff of the undertakings and associations of undertakings concerned. Such an expansion of the investigative powers of the Commission raises a question of the balance between effectiveness of the EU competition law and a person’s right to privacy, which is guaranteed to everyone by the Article 8 of the European Convention on Human Rights. Nevertheless this right is not absolute and the conditions for the possible limitations of the exercise of it are enshrined in paragraph 2 of the same article. For this reason the aim of this article is to find out whether Commission’s power to carry out searches in private homes meet the requirements set in Article 8(2) of the Convention, i.e., whether the Commission’s power to conduct such searches could be justified under the ECHR Article 8(2). In this study, the authors analyse the Commission’s extended investigative powers, clarify what is covered by the concept of “privacy”, evaluate the requirements set in Article 8(2) of the Convention, analyse conditions of exercising Commission’s extended investigative power and thus qualify if the latter satisfies the requirements set in Article 8(2) of the ECHR. (shrink)

The relation between slurs and their neutral counterparts has been put into question recently by the fact that some slurs can be used to refer to subsets of the referential classes determined by their associated counterparts. This paper aims to reinforce this relation by offering a way of explaining referential restriction that distinguishes between two kinds of slurs: those performing a normalizing role upon (some) individuals inside a class (mostly, a gender) and those used to derogate a marginalized out- group.

Las oraciones con predicados evaluativos son sensibles a la valoración realizada según un parámetro evaluativo contextual. Dos teorías han proporcionado explicaciones para este tipo de sensibilidad: el contextualismo y el relativismo de apreciación. En este trabajo presentaré una tercera opción que logra lo mismo que estas de una manera más sencilla. La teoría se centrará en dos pilares: una reconsideración del contenido expresado por las oraciones con predicados de gusto que parte de la articulación del parámetro evaluativo como una función (...) diádica, y los compromisos que la aserción de este tipo de oraciones impone sobre los hablantes y sobre el auditorio. Con ambas herramientas se logrará una teoría que podrá dar cuenta de acuerdos, desacuerdos y usos ecóicos de las oraciones evaluativas sin apelar a contextos de apreciación suplementarios a la teoría semántica estándar o a presupuestos de comunidad de los parámetros evaluativos. Sentences with evaluative predicates are sensitive to the valuation carried on under an evaluative parameter in the context. Two theories have provided an account for this kind of context-sensitivity: contextualism and assessment relativism. In this paper I will present a third alternative that achieves the same results in a simpler way. This theory is based on two main ideas: understanding the content expressed on the basis of an articulation of the evaluative parameter as a dyadic function, and the practical and linguistic commitments that the assertion of these sentences imposes over speakers and hearers. Both tools will result in a theory that can manage agreements, disagreements and echoic uses of evaluative sentences without the need to supplement the standard semantic theory with contexts of assessment or with presuppositions of commonality of the evaluative standard. (shrink)

Many evidentialists are impermissivists. But there’s no in-principle reason for this. In this paper, I examine and motivate permissivist evidentialism. Not only are permissivism and evidentialism compatible but there are unique benefits that arise for this combination of views. In particular, permissivist evidentialism respects the importance of evidence while capturing its limitations and provides a plausible and attractive explanation of the relationship between the epistemic and non-epistemic. Permissivist evidentialism is thus an attractive option in logical space that hasn’t received enough (...) attention. (shrink)

In this study, the researchers investigated the relationships between character strengths and ethical engagement in online faculty. One of the ethical duties for higher education faculty is to engage in effective teaching practices. As online higher education becomes increasingly popular, online faculty also bear this duty. Numerous studies have shown that character strengths cultivate ethical behavior. Hence, we sought to determine the relationship between character strengths and ethical engagement in online faculty. Specifically, we focused on intellectual character strengths, interpersonal character (...) strengths, and emotional character strengths because of their relevance to online faculty’s teaching practices. Through correlational analyses, we learned that interpersonal and emotional character strengths were positively and moderately related to ethical engagement, whereas intellectual character strengths were weakly related to ethical engagement. The findings of this study provide insight into online faculty’s character strengths and ethical engagement. However, further research is needed to understand the role of character strengths and ethical engagement in promoting effective teaching practices in online higher education classrooms. (shrink)

This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in 2000, setting the (...) form of guilt and its content in criminal cases for negligent account management, posed no significant problems – the court practice and legal literature followed the attitude that this crime could be committed only negligently. According to Article 16(4) of the Criminal Code 2000, a person is punished for negligent commission of a crime or a misdemeanour only in individual cases stipulated in the Special Part of the Criminal Code. The problem was that no “individual case” was foreseen in Article 223 of the Criminal Code that imposed liability for negligent bookkeeping. This created preconditions for deviating from pre-existing case-law under which this crime could be qualified as negligent. Only in 2009 the Criminal Division of the Lithuanian Supreme Court concluded in its plenary session that Article 223 of the Criminal Code provided liability for criminal record-keeping and accounting only if committed negligently as a form of guilt, and other activities pursuant to this Article might be committed intentionally and recklessly. The plenary session identified a loophole of criminal law and created preconditions for the formation of uniform court practice. Only the legislator can remove the loophole of criminal law identified by the Supreme Court of Lithuania. The author states that all of the acts named in Article 223 of the Criminal Code can be committed negligently and suggests applying the rule contained in Article 16(4) of the Criminal Code to Article 223 of the Criminal Code. All of these findings are based on historical, grammatical and logical interpretation of the “neglect” concept and the analysis of Articles 222 and 223 of the Criminal Code. (shrink)

What can we learn about management ethics from other cultures and societies? In this textbook, cross-cultural management theory is applied and made relevant to management ethics. To help the reader understand different approaches that global businesses can take to operate successfully and ethically, there are chapters focusing on specific countries and regions. As well as giving the wider geographical, political and cultural contexts, the book includes numerous examples in every chapter to help the reader critique universal assumptions of what is (...) ethical. By taking a closer look at the way we view other cultures and their values, the author challenges us to rethink commonly held assumptions and approaches in cross-cultural management, and to apply a more critical approach. (shrink)

Expressive terms (damn, fuck, bastard) are said to convey speakers’ attitudes and feelings. These can be positive or negative, depending on the context. In this paper, I focus on the property of expressives that I take to be of the most importance: descriptive ineffability. Descriptive ineffability is a property of expressive terms for which no suitable descriptive paraphrase can be found that captures the full meaning of the expressive. In the face of arguments that attempt to show either that descriptive (...) terms also carry this feature or that expressives (at least in some instances) can be effable, I defend the idea that descriptive ineffability is unique to expressives. I end the paper by considering what descriptive ineffability can teach us about expressive terms. (shrink)

How, in a secular world, should we resolve ethically controversial and troubling issues relating to health care? Should we, as some argue, make a clean sweep, getting rid of the Hippocratic ethic, such vestiges of it as remain? Jennifer Jackson seeks to answer these significant questions, establishing new foundations for a traditional and secular ethic which would not require a radical and problematic overhaul of the old. These new foundations rest on familiar observations of human nature and human needs. (...) Jackson presents morality as a loose anatomy of constituent virtues that are related in different ways to how we fare in life, and suggests that in order to address problems in medical ethics, a virtues-based approach is needed. Throughout, attention is paid to the role of philosophy in medical ethics, and how it can be used to clarify key notions and distinctions that underlie current debates and controversial issues. By reinstating such concepts as justice, cardinal virtue, and moral duty, Jackson lays the groundwork for an ethics of health care that makes headway toward resolving seeming dilemmas in medical ethics today. This penetrating and accessible book will be invaluable to students of sociology and health care, as well as those who are interested in the ethical uncertainties faced by the medical world. (shrink)

El objetivo fue realizar una reflexión analítica sobre la investigación formativa, las estrategias de enseñanza para la investigación en las aulas universitarias. Estudio descriptivo, analítico- interpretativo; utilizando el análisis documental de bases digitales, revisión bibliográfica. Conclusiones: La investigación formativa es un proceso esencial para la formación profesional, las estrategias de enseñanza de la investigación hallados son; el aprendizaje basado en problemas, el aprendizaje colaborativo con enfoque socioformativo, seguidos de la monografía investigativa, el aprendizaje por descubrimiento y semilleros de investigación. Finalmente, (...) es necesario promover una cultura investigativa donde prevalezcan los aspectos básicos para la formación de investigadores desde el pregrado. (shrink)

This essay concerns the question of how we make genuine epistemic progress through conceptual analysis. Our way into this issue will be through consideration of the paradox of analysis. The paradox challenges us to explain how a given statement can make a substantive contribution to our knowledge, even while it purports merely to make explicit what one’s grasp of the concept under scrutiny consists in. The paradox is often treated primarily as a semantic puzzle. However, in “Sect. 1” I argue (...) that the paradox raises a more fundamental epistemic problem, and in “Sects.1 and 2” I argue that semantic proposals—even ones designed to capture the Fregean link between meaning and epistemic significance—fail to resolve that problem. Seeing our way towards a real solution to the paradox requires more than semantics; we also need to understand how the process of analysis can yield justification for accepting a candidate conceptual analysis. I present an account of this process, and explain how it resolves the paradox, in “Sect. 3”. I conclude in “Sect. 4” by considering the implications for the present account concerning the goal of conceptual analysis, and by arguing that the apparent scarcity of short and finite illuminating analyses in philosophically interesting cases provides no grounds for pessimism concerning the possibility of philosophical progress through conceptual analysis. (shrink)

Expressives are words that convey speakers’ attitudes towards a particular object or situation. Consider two examples:Attributive: That f**khead Jeremy forgot the turkey.Predicative: Jeremy is a f**khead. In both examples the word f**khead communicates some expressive content - the negative attitude of the speaker. However, only in Predicative does it appear to contribute to the truth-conditional content. The task is to explain the semantics of the word f**khead when it seemingly behaves wildly differently in different syntactic positions. In this paper I (...) consider several good candidates for dealing with f**khead occurring in Predicative position: Expressivist and Descriptive approaches that treat f**khead in Predicative as purely descriptive; and Expressive-Contextualism that treats Predicative as communicating to both expressive and descriptive dimensions. I show that none of the options fully capture the meaning of f**khead. Treating Predicative as purely descriptive leaves out the highly important expressive element, whilst Contextualist semantics does not seem as a suitable descriptive theory for expressives. I finally present a novel hybrid account that combines Expressivist semantics with Relativism. I call this view Expressive-Relativism. I show that by adopting Expressive-Relativism we can not only explain the relationship of f**khead in Attributive and Predicative, but also give a suitable descriptive theory that captures the truth-conditions of Predicative. (shrink)

In most domains of human life, we are willing to accept that there are experts with greater knowledge and competencies that distinguish them from non-experts or laypeople. Despite this fact, the very recognition of expertise curiously becomes more controversial in the case of “moral experts”. Do moral experts exist? And, if they indeed do, are there ethical reasons for us to follow their advice? Likewise, can emerging technological developments broaden our very concept of moral expertise? In this article, we begin (...) by arguing that the objections that have tried to deny the existence (and convenience) of moral expertise are unsatisfactory. After that, we show that people have ethical reasons to ask for a piece of moral advice in daily life situations. Then, we argue that some Artificial Intelligence (AI) systems can play an increasing role in human morality by becoming moral experts. Some AI-based moral assistants can qualify as artificial moral experts and we would have good ethical reasons to use them. (shrink)

Credences are similar to levels of confidence, represented as a value on the [0,1] interval. This chapter sheds light on questions about credence, including its relationship to full belief, with an eye toward the empirical relevance of credence. First, I’ll provide a brief epistemological history of credence and lay out some of the main theories of the nature of credence. Then, I’ll provide an overview of the main views on how credences relate to full beliefs. Finally, I’ll turn to the (...) empirical, and suggest some ways that cognitive science does and could answer questions about credence, such as what credences one has, how credences relate to beliefs, and the extent to which we can control our credences. (shrink)

El daño ambiental ha despertado el interés de la doctrina en Colombia, aunque aún no se aborda con rigor y profundidad. La razón, entre otras, es la omisión de los avances que ha dado el derecho comparado, donde la concepción del rol de las instituciones jurídicas va hasta una comprensión integral del daño a partir de la alteración funcional de los sistemas. Existe hoy cierto consenso respecto al deber ser del régimen de responsabilidad aplicable a esta noción integral del daño (...) ambiental, capaz de hacer frente a los componentes del medio natural y a todos los que lo conforman. El libro busca aportar al estudio del daño ambiental desde los avances antes descritos en la materia. (shrink)

Las trayectorias del arte caribeño, luego de la Segunda Guerra Mundial, experimentan profundas transformaciones en sus prácticas creativas y modos de comprensión cultural. Las complejas realidades sociales y políticas en las islas del Caribe hispano condujeron a un punto de giro en los procesos regionales, una transformación del campo del arte y replanteamientos de los discursos periféricos desde las manifestaciones, los temas de interés y el rol del artista en la sociedad. La fotografía, y especialmente aquella procedente de espacios periféricos (...) en las lógicas internacionales del arte, aportaron los iconos más contestatarios del momento. Los símbolos culturales de una nueva voz, que responde a un pensamiento emancipatorio y descolonizador, se expresan en la construcción de un discurso visual de paradigmas éticos y libertarios. Los lenguajes más renovadores de la época apelan a una base fotográfica de trasfondo por la relación entre la inmediatez y la pregnancia de la imagen, o la inherente reproductibilidad que propicia una función comunicativa más efectiva. (shrink)

The distinction between propositional and doxastic justification is normally applied to belief. The goal of this paper is to apply the distinction to faith and hope. Before doing so, I discuss the nature of faith and hope, and how they contrast with belief—belief has no essential conative component, whereas faith and hope essentially involve the conative. I discuss implications this has for evaluating faith and hope, and apply this to the propositional/doxastic distinction. There are two key upshots. One, bringing in (...) faith and hope makes salient additional normative categories, including the way the distinction between epistemic and practical justification interacts with the distinction between propositional and doxastic justification. Two, a paradigm example of propositional without doxastic justification is a belief that is evidentially supported but based on wishful thinking. Surprisingly, parallel cases of faith and hope may actually enjoy both propositional and doxastic justification. I conclude by exploring what it might look like for faith and hope to have propositional justification without doxastic justification. (shrink)

El objetivo de este artículo es realizar una historización del sistema sanitario de Neuquén, concretamente atendiendo a los programas de salud aplicados en esta provincia desde su surgimiento hasta el año 2020. En este marco, en primer lugar, me enfocaré en los lineamientos políticos que definieron las bases ideológicas de las políticas públicas llevadas a cabo en la atención sanitaria neuquina, y, en segundo lugar, examinaré las variables estadísticas publicadas por el sistema de salud provincial referidas a las condiciones materiales (...) de atención médica de la población en general, y de las mujeres indígenas mapuce en particular. Para efectuar dicho abordaje, analizaré específicamente la localidad de Las Coloradas. -/- . (shrink)

This collection introduces the reader to some of the most interesting current work on conditionals. Particular attention is paid to possible world semantics for conditionals, the role of conditional probability in helping us to understand conditionals, implicature and the material conditional, and subjunctive versus indicative conditionals. Contributors include V.H. Dudman, Dorothy Edgington, Nelson Goodman, H.P. Grice, David Lewis, and Robert Stalnaker.

The act of discrimination against the female sex is an undeniable phenomenon in virtually all human societies, though the severity varies from one society to another. It is against this backdrop that this paper is aimed at exposing the inadequate nature of the primogeniture rule of inheritance towards the female, as practised by the Esan people. The paper tests the validity of the logic on which the disinheritance of females rests, and discovers that it is invalid as it violates such (...) moral principles as the categorical imperative and utilitarianism, among others. It therefore advocates for possessive right for females for the sake of justice and equity. (shrink)

This chapter analyzes two facets of mindfulness for servant leadership of B-Corporations, which is an emerging form of social enterprise. One facet concerns inner states and motivations for leading business for non-instrumental reasons. This facet encompasses an ethics-in-practice dimension alongside of merely theoretical approaches, a dimension well suited for leadership of B-Corps, whose governance structure places ethics and sustainability at the center of the non-instrumental quest for the creation of social value and respect for human rights by business enterprises. The (...) motivation for care of the mindful servant leader matches the investors’ expectations of social impact for the firm. The other facet concerns leadership decisions and actions fulfilling the mission of B-Corporations in creating social value alongside of economic value for a broad spectrum of stakeholders. Concerning this second facet, mindfulness is vitally involved in that servant leaders pay attention to the whole business and its explicit social benefit, not just this or that element of the firm’s operations. The chapter advances two arguments. The first argument—tied to the first facet—posits that the virtue of mindfulness contributes a key element of non-instrumental motivation for leadership generally missing from extant leadership approaches. The second argument—tied to the second facet—addresses the decision-making side of mindfulness. It asserts that the virtue of mindfulness is especially poised to equip servant leadership for the B-Corporation movement for two vital challenges: balancing demands from multiple stakeholders; and assimilating multiple criteria and values—both financial and non-financial. (shrink)

The Human Mind undertakes two tasks. One is to demonstrate that centuries of debate over how to state correctly the nature of the human mind and its relation to the human body arise from muddled thinking. By attending with care to ordinary, everyday language, this bogus thinking is exposed. The traditional distinction between the human mind and the human body is revealed as misbegotten. For that reason it is to be junked, along with centuries of misguided competing theories. The second (...) task is to draw attention to an alternative distinction we already make in everyday language. It is the distinction between a person and that person’s body. A previously undetected set of arrangements in everyday language is teased into full view to expose the character of a person’s physical and mental capacities. This set of arrangements applies to talk of all human capacities, such as the capacities to think, make a promise, dislike, be annoyed, turn left or reach for a banana. There is one simple pattern or formula that personal capacities have in common. To understand this arrangement in everyday language is to have the key to authentic understanding of the human mind and its place in the universe. (shrink)

For the purposes of this article, the right to confidentiality of communications between a lawyer and a client (legal professional privilege) is analysed and understood as a rule under which, in judicial or administrative proceedings, the content of communications between a lawyer and his client shall not be disclosed; if this rule is breached, the content of the communications in question is not treated as evidence in the process. Legal professional privilege is related to several articles of the Convention for (...) the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights has found that the violation of the right of an accused to communicate with a lawyer without a third party departs from Article 6(3)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms which entitles to defend oneself in person or through a legal assistant. This kind of communication also relates to the Article 8 of the Convention, which provides a right to respect for private and family life, home and correspondence. In the opinion of the European Court of Human Rights, according to the Convention for the Protection of Human Rights and Fundamental Freedoms there is no difference if a lawyer representing a client is a practitioner or not. However, when dealing with the violations of EU competition law, the Court of Justice of the European Union acknowledges the protection of legal professional privilege only with regard to the communications between an accused companies and an independent lawyer (who does not work for his client on an employment contract basis). When the protection of legal professional privilege is not granted for communications of the accused company with its own legal personnel, a question may arise whether it is considered that sufficient level of confidentiality is ensured for these companies. (shrink)

This essay is a defense of the social construction of racialism. I follow a standard definition of “racialism” which is the belief that “there are heritable characteristics, possessed by members of our species, that allow us to divide them into a small set of races, in such a way that all the members of these races share certain traits and tendencies with each other that they do not share with other members of any other race”. In particular I want to (...) defend the “radical” social-constructive thesis that holds “the concept of race is exclusively the product of historical and cultural causes. It claims that humans do not tend to classify people into races when groups with different phenotypes meet, save for particular historical circumstances”. The quoted position is the consensus view among historians, sociologists, anthropologists, and other social scientists who study racialism but has recently been criticized by philosophical defenders of cognitive/evolutionary psychological approaches to racialism. Drawing on developmental studies as well as historical and contemporary cross-cultural research, CEP philosophers point to similarities of racialism across time and space. They hold that social constructionist approaches to racialism cannot explain these similarities. I hold that SC approaches do explain these similarities and that such similarities actually pose a significant challenge to the proposed CEP research program on racialism. (shrink)

Aunque la problemática de los daños ambientales ha atraído el interés sustancial de profesionales y académicos de diversas disciplinas, los motivos que impulsan esas prácticas han recibido poca atención en la literatura jurídica colombiana. Especialmente desde la perspectiva de la responsabilidad. Este capítulo presenta unas reflexiones preliminares de la responsabilidad por daños ambientales, para introducir el estudio de diversos temas, hacia una construcción doctrinal enmarcada no sólo en el deber de evitar el progresivo deterioro ambiental causado por el hombre, sino (...) para salvaguardar las especies vivas que habitan y habitarán este planeta, así como el legado que le quedará a las generaciones venideras. (shrink)

The goal of this piece is to put some pressure on Brian O’Shaughnessy’s claim that perceptual experiences are necessarily mental processes. The author targets two motivations behind the development of that view. First, O’Shaughnessy resorts to pure conceptual analysis to argue that perceptual experiences are processes. The author argues that this line of reasoning is inconclusive. Secondly, he repeatedly invokes a thought experiment concerning the total freeze of a subject’s experiential life. Even if this case is coherent, however, it does (...) not show that perceptual experiences are processes. (shrink)

Why would we argue about taste, norms or morality when we know that these topics are relative to taste preferences, systems of norms or values to which we are committed? Yet, disagreements over these topics are common in our evaluative discourses. I will claim that the motives to discuss rely on our attitudes towards the standard held by the speakers in each domain of discourse, relating different attitudes to different motives –mainly, conviction and correction. These notions of attitudes and motives (...) will allow me to claim that different domains of evaluative discourse have a different distribution of disagreements driven by them. (shrink)

William James began his Gifford Lectures in Edinburgh acutely conscious of his position as an American speaking to a European audience, a position that, as he observed in 1901, reversed the usual flow of academic scholarship. James would be pleased to note that the crosscurrents have continued, notably in Jeremy Carrette’s study of James’s relational metaphysics vis-à-vis religion. Carrette’s book attempts—successfully—“to read James through a pluralistic hermeneutic that seeks to include the fringes of our multidisciplinary consciousness and the excluded dimensions” (...) . These “excluded dimensions” include anything obscured by the ways in which traditional disciplinary boundaries have been drawn. Part of the .. (shrink)

The article describes the evolution of problems in the Lithuanian labour law and labour law science since the re-establishment of independence in 1990. Three periods of evolution are presented: the Soviet period (lasted until 1990), the transitional period (1990- 2004) and the period of the Labour Code (2003 and onwards). During the Soviet period, the Code of Labour Laws regulated employment relationship in strict detail as the main employer was the state itself. Good reflections of that period can be pointed (...) out: active (but forced) collective bargaining, single tariff system that implemented equal treatment in the field of remuneration for work and fluent performance of enforcement of labour laws (legal clarity). During the transitional period, new labour laws were introduced and tuned-up with international labour standards (ILO), but in general there were no essential changes in practice. During all that period, the Lithuanian Labour Code was drafted and came in force in 2003. The period of the new Labour Code started together with the European integration and had to bring new trends of the European labour market into Lithuanian practice. The government and academics brought few initiatives for the liberalisation of labour laws but most of them were stuck in the stage of consulting with social partners (Tripartite Council). Nevertheless, 22 years after the collapse of command economy labour laws incompatible with free labour market still dominate. It is obvious that the Lithuanian Labour Code is outdated and needs general reconstruction. Scientific researches and the EU Council recommendations call for the introduction of flexibility, implementation of flexicurity aiming for full integration into the single European labour market. Some strict labour code rules are prevented from functioning in practice. The courts are forced to derogate from disproportionate and improper articles of the Labour Code. The author brings some of the existing problems of labour law into light and proposes their possible solutions. The existing crisis of labour law could be solved by drafting a new Labour Code with the help of academic researchers and by introducing it directly to the Parliament for adoption. (shrink)