Healthcare professionals often face ethical conflicts and challenges related to decision-making that have necessitated consideration of the use of conscientious objection (CO). No current guidelines exist within Spain’s healthcare system regarding acceptable rationales for CO, the appropriate application of CO, or practical means to support healthcare professionals who wish to become conscientious objectors. As such, a procedural framework is needed that not only assures the appropriate use of CO by healthcare professionals but also demonstrates its ethical validity, legislative compliance through (...) protection of moral freedoms and patients’ rights to receive health care. Our proposal consists of prerequisites of eligibility for CO (individual reference, specific clinical context, ethical justification, assurance of non-discrimination, professional consistency, attitude of mutual respect, assurance of patient rights and safety) and a procedural process (notification and preparation, documentation and confidentiality, evaluation of prerequisites, non-abandonment, transparency, allowance for unforeseen objection, compensatory responsibilities, access to guidance and/or consultative advice, and organizational guarantee of professional substitution). We illustrate the real-world utility of the proposed framework through a case discussion in which our guidelines are applied. (shrink)

El artículo analiza cualitativamente la relación entre infancia y violencia en el contexto de la guerra civil en El Salvador (1980-1992). La reflexión es vehiculada por el examen de la película Voces inocentes (2004), como una obra socialmente producida y como una representación de la realidad histórica de índole prospectiva. El trabajo destaca el mérito del filme al visibilizar y denunciar la responsabilidad de los sustentadores primarios de la violencia ‒aún hoy impune‒ hacia la infancia salvadoreña, cuyas secuelas psicosociales constituyeron, (...) a la postre, un entorno sociohistórico centroamericano signado por una debacle humanitaria que comenzó hace cuatro décadas, en un tránsito infausto “de la locura a la esperanza”. Para ello, he empleado el marco teórico conceptual sobre la violencia desarrollado por el jesuita vasco-salvadoreño, Ignacio Ellacuría, según el cual, las violencias resultantes solo pueden ser valoradas a partir de la crítica inicial a la violencia originaria de carácter estructural. (shrink)

La gestión de la emergencia pandémica ha amplificado algunas tenden-cias en marcha en la estructura actual de las fuentes del derecho. La discipli-na jurídica se configura en un contexto caracterizado por la convivencia y el concurso de varias fuentes y múltiples sujetos reguladores. Esto produce una relativización del principio de tipicidad de las formas y de las fuerzas nor-mativas, así como una creciente variedad de las reglas jurídicas, que oscure-ce su orden jerárquico. El sistema de las fuentes se desestructura, se (...) frag-menta y adquiere una dimensión reticular. En la fase actual de profunda reestructuración del paisaje jurídico el ordenamiento existe en la relación que conecta múltiples actos normativos, diversamente vinculantes. La regu-lación hard y soft refleja una compleja articulación de las fuentes que afecta a la seguridad jurídica y a la interpretación. (shrink)

Este artigo é resultado da pesquisa que teve como objetivo estudar as percepções dos professores de física na cidade de Vilhena-RO sobre suas necessidades de formação contínua em tecnologias digitais no ensino. O problema de pesquisa consiste em saber quais as percepções dos professores de física, da rede estadual de Rondônia, que atuam na cidade de Vilhena-RO, sobre as necessidades de formação contínua em relação ao uso de recursos de tecnologias digitais salas de aula? Tratou-se de um levantamento com aplicação (...) de questionário a amostra de 13 professores via Survey Monkey e para a análise de dados foi utilizado análise estatística básica: análise da frequência. Os resultados evidencias necessidades formativas percebidas pelos docentes que apontam para formação contínua em RTD. Os professores percebem suas limitações para uso desses recursos em sala de aula e necessidade de suprir tais carências formativas advindas, também, da formação inicial. Ao mesmo tempo que reconhecem a urgência de buscar novas qualificações focadas na melhoria do ensino e aprendizagem de Física. (shrink)

Le funzioni del diritto -- I fini e i valori del diritto -- I mezzi e gli strumenti -- Le pratiche giuridiche -- Le trasformazioni del diritto --.

ermeneutics is the art of interpretation – we shall not forget that and we will return to it again and again, for that is what hermeneutics is – the art of interpretation. We might do well, however, to stare at the word ‘hermeneutics’ just by way of a starting point. Hermeneutics – the word goes back to a name, Hermes. Who is Hermes? Among the earliest references to him is made by no less than Plato in the dialogue, Cratylus.1 The (...) dialogue begins rather abruptly, with someone called Hermogenes inviting Socrates to be a party to an argument between him and Cratylus. Cratylus is therefore one of the characters in the dialogue, and it is his name that is also given to the dialogue. The other party to it is Hermogenes, a name which literally means ‘son of Hermes’. Socrates suspects that Cratylus is making fun of Hermogenes, saying that the latter is “no true son of Hermes, because always looking after a fortune and never in luck.” Hermogenes means ‘son of Hermes’. Who, then, is Hermes? The cue is that Hermes is what Hermogenes is not, making the latter not a true son of the former, because Hermes is always looking after a fortune and is apparently always lucky, something Hermogenes is not. Hermes is always in search of a fortune and is always lucky, always fortunate. Always to be in search is always to be on the move, always to be on the way, never still, a nomad. Indeed, as the dialogue ends we hear Cratylus admitting that “I incline to Heraclitus.”2 And why not? The argument between him and Hermogenes has all to do with names, with language. And it looks as though the debate between them is going nowhere, and so they are now intending to bring Socrates into the discussion, hoping that this third party will be able to come to their rescue, help them find the key and bring the restless journey to a quiet conclusion. Even Socrates, however, true to his form, properly excuses himself. “If I had not been poor,” he says, “I might have heard the fifty-drachma course of the great Prodicus, which is a complete education in grammar and language . . . and then I should have been at once able to answer your question about the correctness of names. But, indeed, I have only heard the single- drachma course, and therefore I do not know the truth about such matters.”. (shrink)

We live in an era of unprecedented interconnectivity and challenges that require global mindsets and creative approaches. While research on global identification has increased in recent years, the question of whether it can facilitate creativity remains largely unexplored. Moreover, despite the evidence linking multicultural experiences and global identities, migrant populations have been overly underrepresented in this area of research. We examine the association between global culture identification and creativity in the Alternate Uses Test, across two different samples residing in Spain: (...) a host national and majorly student sample and a culturally diverse immigrant sample. Additionally, we test the predictive value of ethnic identification and host culture identification. Regression analyses reveal that global culture identification positively predicts creativity among host national participants, and host culture identification predicts creativity among immigrant participants. Our results suggest that developing a cultural identity that transcends the one acquired through enculturation has the potential of facilitating creative behavior. (shrink)

A menudo las fronteras académicas que nos definen y nos separan como investigadores, también delimitan nuestros trabajos hasta el punto de desconectarlos de manera acrítica de las realidades culturales que, por motivos múltiples y no siempre explícitos, nos proponemos estudiar, analizar, transformar, etc. Sabemos que las universidades, como el resto de instituciones sociales, han participado históricamente en el mantenimiento de las fronteras que construimos interesadamente los seres humanos al relacionarnos como tales, tanto a escala individual como colectiva: económicas, políticas, académicas, (...) familiares, personales, etc…. (shrink)

Training for sustainable development is an educational challenge of prime importance. Physical activity and sports in natural environments provide training committed to sustainability and environmental education. The objective of this study was to assess the effects of an undergraduate training program in Physical Activities and Sports in Natural Environments concerned with sustainable development. A total of 113 students from the Autonomous University of Madrid who are studying a Bachelor’s Degree in Physical Activity and Sports Sciences and a Master’s Degree in (...) Teacher Training for Secondary Education and High School were involved. Specifically, we aimed to assess the impact of this training program on three dimensions related to Environmental Education. Its effect was also examined bearing in mind students’ sex, age and educational profile. Mixed-methods were used: for the quantitative approach, data were collected with the Environmental Attitude in Physical Activities in Natural Environments validated scale; for the qualitative approach individual reflective diaries completed by students that attended the program were analyzed. The results show positive effects on the students regarding the three dimensions of Environmental Education, for both the sportive and educational training profiles. The quantitative results do not present significant differences concerning the gender variable, although the qualitative information shows that female students perceived a greater environmental sensitivity during their practices. Regarding the age variable, significant differences are found in the youngest students with an educational profile. To conclude, the study ratifies that the program carried out generated improvements in terms of knowledge, behaviors and attitudes toward the environment and sustainable development. Future research should use larger samples and consider other variables related to education for sustainability. (shrink)

El giro crítico del arte conceptual en los años sesenta, la subsiguiente aparición de estrategias de hibridación y escenificación a finales de los setenta y, en paralelo, la institucionalización de la fotografía con su entrada al museo y el surgimiento de un pujante mercado fotográfico, constituyen el caldo de cultivo en el que se gesta la demanda de la teoría de la fotografía como disciplina con identidad epistemológica propia. Esta demanda se hizo explícita a través de las iniciativas llevadas a (...) cabo por Rosalind Krauss y Annette Michelson en el número 5 de la revista October en 1978, por Alan Trachtenberg en Classic Essays on Photography en 1980 y de modo más categórico por Victor Burgin en Thinking Photography en 1982. El presente artículo analiza los argumentos y posiciones intelectuales sobre la necesidad de articular un discurso teórico sobre fotografía, así como los aspectos epistemológicos y sociales asociados a la idea de teoría subyacente en cada una de las propuestas. Por último, se realiza una breve aproximación al ámbito teórico español a través de la publicación en 1984 del libro Estética fotográfica y en 1997 de El beso de Judas, ambos de Joan Fontcuberta. (shrink)

The hypothesis of this paper is that writers with similar academic backgrounds express personal attitudes in English and in Spanish differently in research papers. Thus, the main objectives are, first, to study the differences in the use of attitude devices in Spanish and English academic discourse; second, to compare the results in the different sections of articles; and finally to study the positive or negative semantic implications of the lexical items by carrying out a sentiment analysis. To this end, fifteen (...) Spanish industrial engineering papers were compared with fifteen English industrial engineering papers. The results showed that there are in fact differences in the way academic writers communicate attitude, but the sentiment analysis revealed that neutral lexical items were the most commonly used in engineering research papers. Even though engineering researchers share the knowledge of the specialist content and the academic style of expressing their thoughts, personal attitudes were expressed in different ways in Spanish and in English. (shrink)

Chapter 1 First Person Access to Mental States. Mind Science and Subjective Qualities -/- Abstract. The philosophy of mind as we know it today starts with Ryle. What defines and at the same time differentiates it from the previous tradition of study on mind is the persuasion that any rigorous approach to mental phenomena must conform to the criteria of scientificity applied by the natural sciences, i.e. its investigations and results must be intersubjectively and publicly controllable. In Ryle’s view, philosophy (...) of mind needs to adopt an antimentalist stance to achieve this aim. Antimentalism not only definitively rejects the idea that mind is a substance separated from the body, it also denies that mental phenomena radically differ from physical phenomena by virtue of several unique features. Most problematically, mental phenomena have a conscious character (mental states are related to specific qualitative feelings) and are accessible only to the first-person (only the subject knows directly what s/he is experiencing inside his/her mind). Ryle takes a strong stance on antimentalism going so far as to maintain that an approach to mind which aims to meet the criteria of scientificity set by the natural sciences must avoid any reference to internal, unobservable mental states. In his view (which is considered a specifically philosophical version of psychological behaviorism and also addresses questions put forward in psychological research), mental states can be redescribed in terms of behavioral dispositions. In this chapter, we address the historical roots of the antimentalist view and analyze its relation to the later tradition of research on mind. We show that, compared to the antimentalist stance, functionalism and cognitivism take a step back when they maintain that direct reference to mental states is necessary since mental states cause and therefore explain human behavior. This step backwards is often interpreted as a return to mentalism. However, this is only partially true. Indeed, we suggest that these later traditions retain one important element of Ryle’s antimentalism, i.e. the idea that mental states must be uniquely identified using external and publicly observable criteria, while excluding any reference to introspection and those qualitative dimensions of a mental state, which are accessible only to the first-person. According to the perspective we put forward, this epistemological stance has continued to influence contemporary research on mind and current philosophical and psychological theories which both tend to exclude the subjective qualities of human experience from their accounts of how the mind works. The issue we raise here is whether this is legitimate or whether subjective qualities do play a role with respect to the way our mind works. The conclusion of this chapter anticipates the argument the book makes in in favor of this latter position, starting from a particular angle, i.e. the problem of how we categorize concepts related to our internal states. -/- Chapter 2 The Misleading Aspects of the Mind/Computer Analogy. The Grounding Problem and the Thorny Issue of Propriosensitive Information -/- Abstract. After the crisis of behaviorism, cognitivism and functionalism became the predominant models in the field of psychology and of philosophy, respectively. Their success is mainly due to the new key they use for interpreting mental processes: the mind/computer analogy. On the basis of this analogy, mental operations are seen as cognitive processes based on computations, i.e. on manipulations of abstract symbols which are in turn understood as informational unities (representations). This chapter identifies two main problems with this model. The first is how these symbols can relate to and communicate with perception and thus allow us to identify and classify what we perceive through the senses. Here we limit ourselves to presenting this issue in relation to the classical symbol grounding problem originally put forward by Harnad on the basis of Searle’s Chinese room argument. An attempt to address the problem raised here will be made in chap. 3. The second point we discuss in relation to the mind/computer analogy concerns the idea of information it fosters. Indeed, following this analogy, information is something available in the external world which can be captured by the senses and transmitted to the central system without being influenced or modified by the procedures of transmission. This perspective does not take into account that – unlike computers – in living beings information is acquired by means of the body. As Ulric Neisser has already pointed out, the body is itself an informational source that provides us with additional sensory experience that influences (modifies or complements) the information extracted from the external world by the senses. To develop this line of analysis and to determine exactly what information is provided by the body and how this might influence cognition, we examine Sherrington’s and Gibson’s positions. Moving on from their views, we qualify bodily information in terms of ‘proprioception’. We use ‘proprioception’ in a broad sense to describe any kind of experience we have of our internal states (including postural information as well as sensations related to the general state of the body and its parts). Following Damasio’s and Craig’s studies, we further elaborate this position, arguing that living beings are equipped with an internal propriosensitive monitoring system which maps all the changes that constantly occur in our body and that give us perceptual (‘proprioceptive’ or propriosensitive) information about what happens inside us. Moreover, relying on Goldie’s and Ratcliffe’s view, we show that emotional information can also be considered as a form of ‘proprioception’ which contributes to determining everything we perceive. This analysis leads us to the second main thesis of this book: ‘proprioception’ is a form of internal perception and it is an essential component of the sensory information we can access and use for all cognitive purposes. -/- Chapter 3 Semantic Competence from the Inside: Conceptual Architecture and Composition -/- Abstract. Concepts are essential constituents of thought: they are the instruments we use to categorize our experience, i.e. to classify things and group them together in homogeneous sets. Here we define concepts as the internal mental information (representations) that allows us, among other things, to master words in natural language. By analyzing the way in which individuals master word meanings we explore a number of hypotheses regarding the nature of concepts. Following Diego Marconi’s research, we differentiate between two kind of abilities that underpin lexical competence – so-called ‘referential’ and ‘inferential competence’ – and we suggest that, in order to support these abilities, concepts must also include two corresponding kinds of information, i.e. inferential and referential information. We point out that the most widely used and acknowledged theories of concepts do not make this distinction, instead broadly characterizing the information used for categorization in terms of propositionally described feature lists. However, we show that while feature lists can explain inferential competence, they do not account for referential competence. To address the issue of referential competence we examine Ray Jackendoff’s hypothesis that to account for the possibility of linking perceptual and conceptual information we need to assume the existence of a (visual) representation that encodes the geometric and topological properties of objects and bridges the gap between the percept and the concept. Furthermore, we analyze the extension of this work by Jesse Prinz who introduced the notion of a proxytype, a perceptual representation of a class of objects that incorporates structural and parametric information related to their appearance. However, as we point out, proxytypes can only explain the relationship between perception and concepts with respect to instances that can be perceived through the senses and that belong to the same class by virtue of their physical similarity. We suggest that this notion be extended to include larger conceptual classes. To accomplish this, we further develop Mark Johnson, George Lakoff and Jean Mandler’s idea of a schematic image and argue that conceptual representations include a perceptual schema. Perceptual schemata are non-linguistic, structured experiential gestalts (patterns or maps) that make use of information taken from all sensory modalities, including body perception. They accomplish a quasi-conceptual function: they allow us to recognize and to classify different instances. In this work, we hypothesize that perceptual schemata are an essential component of concepts, but not identical to them. Instead, we suggest that concepts include both perceptual and propositional information with perceptual schemata providing the ‘perceptual core concept’ that grounds related propositional information. -/- Chapter 4 In the Beginning There Were Categories. The Bodily Origin of Prelinguistic Categorical Organization: The Example of Folkbiological Taxonomies -/- Abstract. Studies of categorization in psychology and the cognitive sciences have made use of the notions of ‘category’ and ‘concept’ without precisely defining what is meant by either; in fact, often these terms have been used as synonyms, making it difficult to address specific issues related to conceptual development. This chapter begins by discussing the definitions of, as well as the distinctions between, ‘categories’ and ‘concepts’ in the classical philosophical tradition (Aristotle, Kant and Husserl). We introduce our view of categories with reference to Husserl. Categorization is defined as the way in which our experience is originally (pre-linguistically) organized in a passive and fully unconscious manner on the basis of universal structuring principles. Conceptualization is explained as a later process in which the earlier categorical macro-classes are further subdivided into more specific and detailed sets; this later process also relies on linguistic learning and exposure to culture. On the basis of Ray Jackendoff, Jean Mandler, George Lakoff and Mark Johnson’s work, we hypothesize that categorization is a two-step process that begins with the formation of homogeneous sets of entities partitioned into regions that describe the ontological boundaries of the objects that humans perceive (categories) and continues at a later stage with the development of more specific classifications (concepts). In this chapter, we mainly address three related issues: Why should we assume that there is categorical organization which precedes the development of a conceptual system? How do categories and concepts relate to each other? Shall we hypothesize that categories are innate or that they are formed before concepts on the basis of information and organizational structure available at a very early developmental stage? We show that categorical partitions are necessary for categorization and, following Mandler, that the general categories we form at an early age do not match our adult superordinate concepts. As for the third issue, we argue that there might be no need to assume that categories are innately present in the human mind, since their formation can be explained – at least in certain cases – by basic mechanisms that work on body (propriosensitive) information. This hypothesis will not be discussed in general, but in relation to a particularly relevant example of categorical partition, i.e. the folk-biological dichotomy between ANIMATE/INANIMATE. This is compared with other dichotomies that derive from it, but are not directly categorical such as LIVING/NON-LIVING and BIOLOGICAL/NON-BIOLOGICAL. -/- Chapter 5 Internal States: From Headache to Anger. Conceptualization and Semantic Mastery -/- Abstract. Here we ask if we can also apply the distinction between referential and inferential competence we introduced in Chapter 3 to words that do not refer to things that are perceived using the external senses, especially to words/concepts that denote bodily experiences (such as pain, thirst, hunger, etc.) or emotions. We introduce and discuss the hypothesis that – even though such words/concepts do not refer to intersubjectively identifiable entities in the external world – they do have a kind of referent that can be accessed via direct perception, more specifically ‘proprioception’, as we have defined it in terms of all propriosensitive information we can consciously access. In the first part of the chapter, we specifically consider terms denoting bodily experiences such as ‘pain’ or ‘hunger’ and argue that their referents are identified and classified from a first-personal point of view on the basis of four main characteristics: their specific intensity, their localization in the body, their co-occurrence with other signals and above all their specific qualitative sensations. Emotions are addressed in the second part of the chapter. We suggest that there is a continuity between bodily experiences and emotions. In particular, we argue for a perceptual theory of emotions in line with that proposed by James and Lange at the end of the 19th century and developed more recently by authors such as Damasio (see also chap. 2§5, §6). The hypothesis we put forward is that the referential information that supports the categorization of emotions and therefore also our mastery of terms referring to emotions consists in the perception (i.e. the ‘proprioception’) of those bodily states and changes in bodily states which constitute our emotional experience. In the context of this discussion we examine some objections to this line of reasoning that arise from a cognitivist perspective and following authors such as Oatley, Johnson-Laird and Frijda, we distinguish between basic emotions that can be identified and classified solely on the basis on how they feel and complex emotions whose identification and classification additionally depends on cognitive factors. To describe how emotions are identified and classified on the basis of how they feel, we rely on Marcel and Lambie’s distinction between an ‘emotion state’ and an ‘emotion experience’. Both notions indicate kinds of feelings that we consciously experience. However, they describe first-order and second order emotion awareness respectively. The emotion state is the feeling we have of the bodily states and changes that occur when we are experiencing an emotion, while the emotion experience is the fully developed and integrated emotion we both experience and are, with reflection, aware of experiencing. On the basis of this differentiation, we also show that the same characteristics that aid in the identification and classification of bodily experiences (specific qualitative sensations; somatic localization; specific intensity; presence/absence of specific concomitant sensations) can also be used for the identification and classification of emotions – at least basic emotions. In the last two sections of the chapter we present some clinical evidence on the semantic competence of people who suffer from Alexithymia and Autism Spectrum Disorder which supports the conclusions of our preceding analyses. -/- Chapter 6 The ‘Proprioceptive’ Component of Abstract Concepts -/- Abstract. In this chapter, we address the issue of whether the mastery of abstract words requires only inferential knowledge and thus, if the concepts that support the mastery of abstract words include only linguistic information. We start by differentiating the notions of ‘abstract’ and ‘general’ which are often erroneously confused. We then identify a strict definition of abstract, as contrasted with ‘concrete’, that applies to words or concepts whose referent cannot be experienced by the senses. We argue that abstract words/concepts would be better described as theoretical, because they are usually conceived as structured sets of inferential knowledge expressed linguistically; that is, as small theories. Pointing out parallels with Carnap’s analysis of this issue in philosophy of science, we hypothesize that words/concepts denoting non-observable entities are not all ‘equally theoretical’, because their link to sensory experience can be stronger or weaker. We revive the distinction, inspired by Quine, between theoretical and intertheoretical concepts/words. This distinction relies on the fact that the former – unlike the latter – retains a strong, although indirect, connection with perception. In Quine’s discussion, perception is understood uniquely in terms of observability, i.e. of external sensory experience. Here we argue, however, that bodily, ‘proprioceptive’ (i.e. propriosensitive) experience can also serve to referentially ground theoretical (i.e. abstract) concepts/words. We frame this issue using the example of the theoretical concept ‘freedom’ and Lakoff’s hypothesis that this concept is developed on the basis of bodily information. We contrast this with the example of ‘democracy’ which more closely resembles an intertheoretical concept/word. Furthermore, we show that one of the classical views put forward in psycholinguistic research to explain how abstract concepts are mentally represented – i.e. Paivio’s Dual Coding Theory – points in the same direction as our analysis. The same is true of Barsalou’s work suggesting that we use internal information to understand at least some abstract words. To sustain this position, we put forward two lines of evidence: the first comes from psycholinguistic studies while the second examines deficits of semantic competence exhibited by people with Autism Spectrum Disorder. On the basis of our analysis, we put forward a classification that distinguishes between different kinds of concreteness and different degrees of abstraction: concepts/words referring to body experiences and basic emotions are described as analogous to concrete concepts/words because they are grounded in perceptual (i.e. propriosensitive) experience, while abstract concepts/words are considered more or less abstract depending on whether they are intratheoretical (and rely entirely on inferential information) or theoretical (and are partially grounded in perceptual – or more often in propriosensitive perceptual – information). In the last section of the chapter we consider two scales that have been used in psycholinguistic research to measure the degree of concreteness vs. abstractness of words and we show that – used conjointly – they can provide a measure of the internal vs. external grounding of specific words. (shrink)

International criminal law (ICL) is an achievement, but at the same time a challenge to the traditional conception of the principle of legality (_lex praevia_, _scripta_, and _stricta_ – Sect. 1). International criminal tribunals have often based conviction for international crimes on unwritten norms the existence and scope of which they have failed to substantiate. In so doing, they have evaded the objection that they were applying _ex post facto_ criminal laws. This approach, the relaxation of the concept of law (...) by including norms whose existence is doubtful, has apparently served to maintain a concept of strict legality, but it is unsatisfying (Sect. 2). In my opinion, the strict principle of legality that has linked its absolute validity to the positivity of law is not the correct premise. It makes sense to state that positivity and validity do not necessarily go hand in hand (Sect. 3). Applied to ICL, this means that it is neither necessary nor convincing to “conceal” supra-positive law as positive law, as some decisions of the international criminal tribunals do. For this reason, I consider that Radbruch’s formula, consisting in admitting that there are supra-positive limits which positive law must respect in order to be valid, is well-founded (Sect. 4). The path taken by this significant philosopher of law is methodologically convincing, and it squarely faces the problem of the value of positive law. Nevertheless, if we admit Radbruch’s formula and thereby the limited value of positive law (if we claim that the validity of the law depends on it respecting supra-positive minimums of justice), we must also face the problem of the definition of supra-positive values, the epistemological difficulties of having access to them (Sect. 5), and the question of the scope and enforceability of supra-positive law (Sect. 6). In summary, this article aims to explain why Radbruch’s formula offers a convincing conceptual basis for international criminal legality and, in doing so, aims to contribute to the discussion about the foundations of ICL. (shrink)

A growing body of research has shown that symbolic number processing relates to individual differences in mathematics. However, it remains unclear which mechanisms of symbolic number processing are crucial—accessing underlying magnitude representation of symbols (i.e., symbol‐magnitude associations), processing relative order of symbols (i.e., symbol‐symbol associations), or processing of symbols per se. To address this question, in this study adult participants performed a dots‐number word matching task—thought to be a measure of symbol‐magnitude associations (numerical magnitude processing)—a numeral‐ordering task that focuses on (...) symbol‐symbol associations (numerical order processing), and a digit‐number word matching task targeting symbolic processing per se. Results showed that both numerical magnitude and order processing were uniquely related to arithmetic achievement, beyond the effects of domain‐general factors (intellectual ability, working memory, inhibitory control, and non‐numerical ordering). Importantly, results were different when a general measure of mathematics achievement was considered. Those mechanisms of symbolic number processing did not contribute to math achievement. Furthermore, a path analysis revealed that numerical magnitude and order processing might draw on a common mechanism. Each process explained a portion of the relation of the other with arithmetic (but not with a general measure of math achievement). These findings are consistent with the notion that adults’ arithmetic skills build upon symbol‐magnitude associations, and they highlight the effects that different math measures have in the study of numerical cognition. (shrink)

Histories of ocean science have emphasized the ways that state-sponsored deep-sea expeditions ushered in a new age of oceanic understanding during the late eighteenth and early nineteenth centuries. This essay, on the other hand, examines the ways that shallow waters played host to less formal but nevertheless important efforts to create oceanic natural knowledge, often centuries earlier. By documenting the legends and experiences of people who worked on and lived by the ocean—divers, sailors, and fishermen, among others—and corroborating their stories (...) with firsthand observation, seventeenth- and early eighteenth-century natural historians built a nascent science of the sea. In its close focus on “sea beans” and “barnacle geese,” subjects of wide conjecture and earnest curiosity, the essay shows how shallow waters welcomed new actors onto the scientific stage and decentered the geographies of knowledge production, thereby advancing contemporary knowledge of oceanic circulation as well as the taxonomies and ecologies of coastal creatures. (shrink)

Counterfactual definiteness is supposed to underlie the Bell theorem. An old controversy exists among those who reject the theorem implications by rejecting counterfactual definiteness and those who claim that, since it is a direct consequence of locality, it cannot be independently rejected. We propose a different approach for solving this contentious issue by realizing that counterfactual definiteness is an unnecessary and inconsistent assumption. Counterfactual definiteness is not equivalent to realism or determinism neither it follows from locality. It merely reduces to (...) an incongruent application of counterfactual reasoning. Being incompatible with falsifiability, it constitutes an unjustified assumption that goes against the scientific method rigor. Correct formulations of the Bell theorem’s bases show it is absent either as a fundamental hypothesis or as a consequence of something else. Most importantly, we present a coherent Bell inequality derivation carefully devised to show explicitly and convincingly the absence of incompatible experiments or counterfactual reasoning. Thus, even admitting that counterfactual definiteness could be a consistent assumption, the necessary conclusion is that it is irrelevant for the inequality formulation and can be safely ignored when discussing Bell’s inequality philosophical and physical implications. (shrink)