The Exceptionality of Solidarity In times of crisis, we witness exceptional expressions of solidarity. Why does solidarity spring in times of crisis when it wanes in normal times? An inquiry into what may explain the differences between the expression of solidarity in crisis vs. normalcy provides, as I will argue in this article, important insights into the conditions and nature of solidarity. Solidarity requires, I will contend, an egalitarian ethos and state action within and beyond the state. It is neither (...) a momentary political ideal, nor an exclusionary one, which depends for its sustainment on formal, legal, structures. Transient, sectarian, and informal conceptions of solidarity unduly curtail the demands of solidarity by restricting its reach to times of crisis, to in-group recipients, and to the social rather than the legal sphere. The article concludes by discussing some aspects of the dynamics of solidarity and its inherent risks that the analysis of the exceptionality of solidarity helps bring into focus. (shrink)

In this essay, the articles which are published in the «Revista de Indias»,fiom 1995 to 1999, are analyzed under a scientometric perspective. The main purpose has been to obtain un intercontinental vision fkom the use of scient$c production in the subject of American History through a periodical publication which is rankedjirst among citations and the impact of its works. Firstly, citing works are studied: the numbers of published articles in the analyzed period, authors of fhese articles, and the institution of (...) the cited authors. Consecutively, citations are analyzed. Finally, we analyze the citation network that has been established between the American and European continents under the study of cited authors and the citing authors. (shrink)

This paper argues for a coherentist theory of the justification of evidentiary judgments in law, according to which a hypothesis about the events being litigated is justified if and only if it is such that an epistemically responsible fact-finder might have accepted it as justified by virtue of its coherence in like circumstances. It claims that this version of coherentism has the resources to address a main problem facing coherence theories of evidence and legal proof, namely, the problem of the (...) coherence bias. The paper then develops an aretaic approach to the standards of epistemic responsibility which govern legal fact-finding. It concludes by exploring some implications of the proposed account of the justification of evidentiary judgments in law for the epistemology of legal proof. (shrink)

The aim of this essay is to develop a coherence theory for the justification of evidentiary judgments in law. The main claim of the coherence theory proposed in this article is that a belief about the events being litigated is justified if and only if it is a belief that an epistemically responsible fact finder might hold by virtue of its coherence in like circumstances. The article argues that this coherentist approach to evidence and legal proof has the resources to (...) meet some of the main objections that may be addressed against attempts to analyze the justification of evidentiary judgments in law in coherentist terms. It concludes by exploring some implications of the proposed version of legal coherentism for a jurisprudence of evidence. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

This paper articulates an egalitarian conception of judicial humility and justifies its value on the grounds that it importantly advances the legal and political ideal of fraternity. This account of the content and value of the virtue of humility stands in sharp contrast with the dominant view of judicial humility as deference or judicial restraint. The paper concludes by discussing some ways in which the account of humility and of its value provided in the paper furthers our understanding of the (...) judicial virtues and of the political implications of giving virtue a role in adjudication. (shrink)

This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.

What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law (...) sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues and judicial vices ; the values and dangers of certain imaginative devices ; and the interactive and social dimensions of virtue, emotion and imagination. (shrink)

This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...) it is such that an epistemically responsible legal decision-maker would have accepted it as justified by virtue of its coherence in like circumstances. Last, looking beyond the coherence theory, the paper explores the implications of the version of legal coherentism proposed for a general theory of legal reasoning and rationality. (shrink)

In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis (...) of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making. (shrink)

This paper examines the normativity of law, that is, law’s capacity to guide behavior by generating reasons for action, from the perspective of virtue jurisprudence. It articulates a virtue-based model of law’s normativity according to which the law generates first order reasons for action (that is, loyalty-reasons) that need to be factored in citizens’ and legal officials’ practical reasoning, which consists, primarily, in the search for the best specification of the values involved in light of an account of the good (...) life and the role that the law plays wherein. The outcome of this piece of practical reasoning is a judgment about what ought to be done, the rightness of which depends, on the proposed model, on whether it is a judgment that a virtuous person would characteristically do in the circumstances. This model, it is argued, has distinctive features that set it apart from some prominent accounts of the normativity of law. It may, however, be disqualified as a plausible alternative account of the normativity of law on the grounds that it fails to provide action-guidance. The last part of the paper responds to this objection in a way that unveils the relevance of the social dimensions of virtue to law’s normativity. (shrink)

This short piece is the introduction to the Special Issue on ‘Virtue and the Law’ published by Jurisprudence in March 2019 (vol 9, issue 1). It explains the scope of the project and its place in the unfolding of virtue jurisprudence that has occurred in the past few decades, as well as introducing the topics addressed in the volume. In the first couple of pages the authors/editors outline a very brief genealogy of virtue jurisprudence and of its relation to both (...) legal theory and virtue theory. The rest of the text presents the contributions to the volume in turn, identifying some of the substantive issues addressed by each of them and their place in the investigation of the interface between virtue theory and legal theory. (shrink)

En los últimos años, ha habido un creciente interés en analizar los problemas relativos a la epistemología de la prueba jurídica. En distintas culturas jurídicas, las cuestiones de prueba y razonamiento acerca de los hechos han sido abordadas desde diversas perspectivas. La cultura jurídica latinoamericana no es, en este sentido, una excepción: hay actualmente un vigoroso grupo de juristas en la región que se ha ocupado de estudiar problemas relativos a los procesos probatorios en el Derecho...

This paper develops a virtue-account of legal reasoning which significantly differs from standard, principle-based, theories. A virtue approach to legal reasoning highlights the relevance of the particulars to sound legal decision-making, brings to light the perceptual and affective dimensions of legal judgment, and vindicates the relevance of description and specification to good legal reasoning. After examining the central features of the theory, the paper proposes a taxonomy of the main character traits that legal decision-makers need to possess to successfully engage (...) in legal reasoning. The paper concludes by discussing an array of strategies in legal education, institutional design, and legal culture that can be put in place to work virtue in legal decision-making. (shrink)

Según Manuel Atienza, la teoría de la argumentación jurídica se tiene que ocupar de responder tres preguntas: cómo analizar una argumentación, cómo evaluarla y cómo argumentar. Esta concepción de la teoría de la argumentación jurídica es, sin embargo, demasiado restrictiva. Además de proporcionar una respuesta adecuada a estas preguntas, una teoría de la argumentación jurídica debe ocuparse también de la cuestión de qué virtudes debe tener un juez para hacer buenas argumentaciones. La teoría de la argumentación jurídica está, por ello, (...) íntimamente vinculada con una teoría de la ética judicial. According to Manuel Atienza, a theory of legal reasoning should give an answer to the following three questions: how to analyze an argumentation, how to evaluate it, and how to argue. This conception of the theory of legal reasoning is, however, too restrictive. in addition to providing a sound answer to these questions, a theory of legal reasoning should also give us an answer to the question of which judicial virtues are necessary to make good arguments. A theory of legal reasoning is thus intimately linked to a theory of judicial ethics. (shrink)

EspañolEl libro de Lucy conecta magistralmente las tesis jurídicas y filosóficas en discusión con un sólido conocimiento de las áreas doctrinales, mostrando cómo las reivindicaciones presentadas inciden en los problemas reales y urgentes que enfrenta la práctica jurídica. El libro también proporciona una discusión refrescantemente amplia de algunos valores jurídicos fundamentales.InglésLucy’s book stands out as an exception to this state of affairs in that it masterfully connects the legal and philosophical theses under discussion with a solid knowledge of doctrinal areas, (...) showing how the claims advanced bear on the real, pressing, problems facing legal practice. The book also departs from the ‘you’d better know a lot about a little’ kind of approach that is characteristic of analytic philosophy of law and provides a refreshingly broad discussion of some fundamental legal values.FrancésLe livre de Lucy relie magistralement les thèses juridiques et philosophiques en discussion à une solide connaissance des domaines doctrinaux, en montrant comment les revendications présentées affectent les problèmes réels et urgents auxquels la pratique juridique est confrontée. Le livre propose également une discussion complète et rafraîchissante de certaines valeurs juridiques fondamentales.PortuguésO livro do Lucy conecta com maestria as teses jurídicas e filosóficas em discussão com um sólido conhecimento das áreas doutrinárias, mostrando como as reivindicações apresentadas afetam os problemas reais e urgentes da prática jurídica. O livro também oferece uma discussão refrescantemente abrangente de alguns valores jurídicos essenciais.ChinoLucy的书巧妙地将典型领域正在讨论的法律和哲学论断与该领域的共识联系起来，显示出索赔申请如何影响法律实践中所面临的现实和紧急问题。 该书还提供了一些核心法律价值的令人耳目一新的全面讨论。. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 7-23, October 2021.

La presente contribución recoge el diálogo mantenido entre distintos filósofos del Derecho a propósito de la última obra del Profesor Massimo La Torre “Il diritto contro se stesso. Saggio sul positivismo giuridico e la sua crisi”. Al hilo del trabajo del citado autor, los participantes reflexionan sobre preguntas centrales para la teoría y filosofía del Derecho contemporánea: ¿cuál es la naturaleza del Derecho? ¿es el razonamiento jurídico eminentemente moral? ¿qué lugar debe ocupar la práctica jurídica en su conceptualización? ¿qué lugar (...) ocupa la fuerza en el Derecho? (shrink)

This chapter examines coherentist approaches to the justification of normative judgments in law. First, it provides a survey of the main approaches to normative coherence defended in the literature on legal coherentism and discusses the principal objections that threaten to undermine the coherence theory of legal justification. One problem with coherentism, namely the problem of the coherence bias, has not, however, received enough attention in the literature. This chapter states this problem in detail and argues that a modified version of (...) legal coherentism—namely virtue coherentism—has the resources to address this problem. The chapter then engages in a second-order debate about the relevance of coherence in justification by inquiring into the reasons why coherence is worth pursuing when reasoning in law. Finally, this chapter concludes by assessing the value and limits of coherentist reasoning in the legal domain. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

En su libro The Tapestry of Reason: An Inquiry into the Nature of Coherence and its Role in Legal Argument,1 Amalia Amaya argumenta las ventajas de adoptar una postura coherentista en el derecho. Concretamente, su tesis principal es la siguiente...

Pulcro, sobrio, comedido, preciso, cotidiano, manual, podrían ser calificativos (demasiado fácilmente) aplicables al trabajo de Amaya Bombín. Como si se tratara de la labor de una cirujana, de una bordadora, de una artesana, de un ama de casa. Si afirmáramos esto no solamente estaríamos recurriendo a tópicos sobradamente manidos cuando se trata de hablar de la obra de mujeres artistas, sino que además estaríamos desviando nuestra atención de lo que se nos ha dado a experimentar para reflexionar. [...].

Judging Virtuously: Developing an Empathic Capacity for Perceptual Sensitivity: A Review of Amalia Amaya and Ho Hock Lai , Law, Virtue and Justice.

IntroductionThe assessments of the motor symptoms in Parkinson’s disease are usually limited to clinical rating scales, and it depends on the clinician’s experience. This study aims to propose a machine learning technique algorithm using the variables from upper and lower limbs, to classify people with PD from healthy people, using data from a portable low-cost device. And can be used to support the diagnosis and follow-up of patients in developing countries and remote areas.MethodsWe used Kinect®eMotion system to capture the spatiotemporal (...) gait data from 30 patients with PD and 30 healthy age-matched controls in three walking trials. First, a correlation matrix was made using the variables of upper and lower limbs. After this, we applied a backward feature selection model using R and Python to determine the most relevant variables. Three further analyses were done using variables selected from backward feature selection model, movement disorders specialist, and all the variables from the dataset. We ran seven machine learning models for each model. Dataset was divided 80% for algorithm training and 20% for evaluation. Finally, a causal inference model using the DoWhy library was performed on Dataset B due to its accuracy and simplicity.ResultsThe Random Forest model is the most accurate for all three variable Datasets followed by the support vector machine. The CIM shows a relation between leg variables and the arms swing asymmetry and a proportional relationship between ASA and the diagnosis of PD with a robust estimator.ConclusionsMachine learning techniques based on objective measures using portable low-cost devices are useful and accurate to classify patients with Parkinson’s disease. This method can be used to evaluate patients remotely and help clinicians make decisions regarding follow-up and treatment. (shrink)

En este texto presentamos el modelo que se ha diseñado para implementar la evaluación por colegas pares en la Universidad del Rosario. Explicamos los principios que lo guían y las etapas y procedimientos para realizar esta evaluación; además, exponemos algunos aprendizajes que ha dejado su implementación en dos facultades en los últimos años, y presentamos algunos retos y desarrollos que enfrenta el modelo a futuro.

Philosophers of perception are familiar with the argument from illusion, at least since Hume formulated it to challenge a naïve form of realism. In this paper, I present an analogous argument but in the domain of action. It focuses on slips, a common kind of mistake. But, otherwise, it is structurally similar. The argument challenges some contemporary views about the nature of action inspired by Wittgenstein. The discussion shows how thinking about these common mistakes helps illuminate aspects of human agency (...) that tend to be overlooked whenever too much emphasis is placed on the rationality of human actions. (shrink)

This paper defends a version of the Simple View, the claim that someone intentionally φs only if the person intends to φ. To do this, I raise a problem for Bratman’s classic argument (1984, 1987) against it. The problem brings into focus an evaluative dimension behind the View, whose recognition allows for an improved version of it. With this improved version, I then go on to answer other criticisms that have been raised to it.

In this article, I examine recent debates concerning the existence and the nature of basic actions. The discussion is structured around four theses, with which Arthur Danto introduced basic actions to contemporary theorists. The theses concern (i) the relationship between agency and causality, (ii) the distinction between basic and complex actions, (iii) the regress argument for basic actions, and (iv) the structure of practical knowledge in the light of these actions.

Introduction: This study explores how learning experiences at public universities impact the development of critical thinking in early education students in 2023. Objective: To determine the influence of learning experiences on the critical thinking of early education students, identifying effective didactic strategies for its promotion. Methodology: Utilizing a quantitative approach, data were collected from 247 early education students across various public universities in Peru through structured surveys. These surveys were designed to measure students' perceptions of their learning experiences and their (...) impact on critical thinking, including items related to communicative, reflective, and problem-solving competencies. The instruments' validation was ensured through reliability and validity analysis, and data were statistically analyzed using SPSS V.25 software to examine the relationships between variables. Results: The findings indicated a positive and significant correlation between carefully designed learning experiences and the enhancement of students' critical thinking. This link underscores the critical value of adopting didactic strategies focused on fostering critical thinking, showing that when students are immersed in learning environments that challenge their abilities and promote reflection, their capacity to analyze, synthesize, and evaluate information significantly improves. Conclusions: The findings highlight the necessity for universities to continuously implement and adapt their pedagogical methods to foster meaningful and critical learning. This research contributes to understanding how educational experiences can be designed to enhance critical thinking, providing a foundation for future curricular and pedagogical developments in higher education. (shrink)

Previous studies show that medical students in clinical training face ethical problems that are not often discussed in the literature. In order to make teaching timely and relevant for them, it is important to understand what medical students perceive as ethical problems, as various factors may influence their perception, including cultural differences and working environment. The purpose of this qualitative study was to explore students’ perceptions of what an ethical problem is, during their clinical training in the hospital, and compare (...) the results from two different countries. We observed a total of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools, in Indonesia and the Netherlands. Data were interpreted and analyzed using content analysis. We found that students in both settings encounter problems which are closer to their daily work and responsibilities as medical students and perceive these problems as ethical problems. Indonesian students perceived substandard care and inequity in healthcare as ethical problems, while Dutch students perceived that cases which are not matters of life and death are less worthy to discuss. Our study suggests that there might be a gap between ethical problems that are discussed in class with teachers, and problems that students actually encounter in practice. Teachers should be aware of the everyday situations in clinical training which may be perceived by students as ethically problematic and should acknowledge and discuss these ethical problems with students as part of the learning processes in ethics education. (shrink)

This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.

We analyse the relationship between applicability and effectiveness of legal norms from a philosophical perspective. In particular, we distinguish between two concepts of applicability. The external applicability of norms refers to institutional duties; a norm N is externally applicable if and only if a judge is legally obliged to apply N to some case c. Internal applicability refers instead to the sphere of validity of legal norms. A norm N is internally applicable to actions regulated by its sphere of validity. (...) We also explore the consequences of a thesis which maintains that applicability restricts the concept of effectiveness, so that only applicable norms can be considered effective. Our analysis illustrates that a proper reconstruction of the concept of applicability is of great importance not only for understanding the concept of effectiveness but also for providing insight into the nature of law. (shrink)

Philosophical accounts of moral responsibility are standardly framed by two platitudes. According to them, blame requires the presence of a moral defect in the agent and the absence of excuses. In this chapter, this kind of approach is challenged. It is argued that (a) people sometimes violate moral norms due to performance mistakes, (b) it often appears reasonable to hold them responsible for it, and (c) their mistakes cannot be traced to their moral qualities or to the presence of excuses. (...) In the end, the implications for discussions of moral responsibility are discussed. (shrink)

A popular accusation against moral relativism is that it goes too far in its vindication of tolerance. The idea behind accusations like this can be summarized in the slogan, frequently attributed to relativism, that “anything goes”. The aim of this paper is to defend moral relativism from the accusation that it is an “anything goes” view; from the accusation that it forces us to suspend our judgment in cases in which we do not think we should even be allowed to. (...) In the end, relativism is not an “anything goes” view because it is not a view about what goes, but about the way things go—about what goes on when we say that something is morally right or wrong. There is indeed a view, sometimes called “relativism”, that forces us to suspend our judgment about practices that do not allow for such comfort, but it is not so much moral relativism as moral contextualism. Apparently, though, the most salient alternative to “anything goes” views such as contextualism is not moral relativism. It is moral objectivism, according to which there is a fact of the matter about moral issues. However, I show that moral objectivism too ends up being an “anything goes” view unless the objectivist takes herself to be endowed with “God’s point of view”, which I prove troublesome. (shrink)

Companies that are serious about corporate governance and business ethics are turning their attention to gender diversity at the most senior levels of business . Board gender diversity has been the subject of several studies carried out by international organizations such as Catalyst , the World Economic Forum , and the European Board Diversity Analysis . They all lead to reports confirming the overall relatively low proportion of women on boards and the slow pace at which more women are being (...) appointed. Furthermore, the proportion of women on corporate boards varies much across countries. Based on institutional theory, this study hypothesizes and tests whether this variation can be attributed to differences in cultural settings across countries. Our analysis of the representation of women on boards for 32 countries during 2010 reveals that two cultural characteristics are indeed associated with the observed differences. We use the cultural dimensions proposed by Hofstede to measure this construct. Results show that countries which have the greatest tolerance for inequalities in the distribution of power and those that tend to value the role of men generally exhibit lower representations of women on boards. (shrink)