The article focuses on the new institute of the Lithuanian law of constitutional justice procedure – the dissenting opinion of a Constitutional Court justice as it is consolidated in the Law on the Constitutional Court. It is argued that the current statutory regulation is defective in essence because it creates preconditions for diminishing the quality of both the final act of the Constitutional Court (especially when the dissenting opinion is to be filed by the judge rapporteur) and the dissenting opinion (...) under preparation. The narrative is half-normative and half-behavioural: the institute is analysed in the context of established procedural practice of the Constitutional Court as an extremely collegial institution (also due to the statutory regulation), as well as in the context of the current condition of the public discourse in Lithuania. Namely, statutory regulation allows filing a dissenting opinion (which is not distinguished from the concurring opinion) within three working days after the public announcement of the decision (ruling, conclusion) of the Constitutional Court. Consequently, it is hardly possible to argue that the justice who filed the opinion did not do this in view of the immediate reaction to the decision by the media, the society, or the establishment, and even that he or she did not do this because such reaction took place. Also, the three-day period mentioned above puts any justice ready to file a dissenting (or concurring) opinion into the position where he or she simultaneously needs to participate in the collegial activity of the Court in deciding cases, as well as to write the dissenting (concurring) opinion. In the article, the legislative proposal is presented that the Law on the Constitutional Court should be amended so as to allow for a relatively long time span between the adoption of the decision (ruling, conclusion) and its announcement to the public at large. However, it is not suggested that the general mode of collectivism as dictated by the Law and as implemented in the established practice of the Constitutional Court shall be abandoned. By this article, the author continues his research on the matter as commenced in his two earlier articles (of 2011 and 2012). (shrink)

Resumen En este artículo se examina el Darwinismo Neural en su explicación de la evolución de la conciencia humana, contrastando su metodología con la utilizada por Richard Lewontin, Richard Levins y Steven Rose, quienes han hecho importantes aportaciones en el estudio de los sistemas vivos desde un punto de vista dialéctico. Concluimos que la explicación interaccionista de la evolución de la conciencia planteada en el DN, supera muchas de las deficiencias del determinismo biológico; sin embargo, al compartir algunos lineamientos con (...) el cartesianismo, mantiene un carácter a-histórico insuficiente para la explicación de la conciencia humana. Finalmente, proponemos la adopción de una teoría explicativa de la conciencia humana que considere las relaciones existentes en ella, no sólo como interacciones sino también como interpenetraciones ontogénicas y filogenéticas.This article examines Neural Darwinism proposed as an explanation of evolution of human consciousness. His methodology is contrasted with that used by Richard Lewontin, Richard Levins, and Steven Rose, who made important contributions to the study of living systems from a dialectical point of view. We conclude that the interactionist explanation of the evolution of conscience put forward in ND overcomes many of the deficiencies proper to biological determinism. However, as ND also shares many of the foundations of the Cartesian approach, it maintains a non-historical character, insufficient for the account of human consciousness. We suggest the adoption of an alternative theory, able to fully explain human conscience which must consider the whole of existing relations in it, and, instead of merely considering them as interactions, they have to be observed as dialectical interpenetrations. (shrink)

Transcranial direct current stimulation (tDCS) has been recognized as a promising tool for investigating the causal relationship between specific brain areas of interest and behavior. However, the reproducibility of previous tDCS studies is often questioned because of failures in replication. This study focused on the effects of tDCS on one cognitive domain: beauty perception. To date, the modulation of beauty perception by tDCS has been shown in two studies:Cattaneo et al. (2014)andNakamura and Kawabata (2015). Here, we aimed at replicating their (...) studies and investigating the effects of tDCS on beauty perception using the following parameters: (1) cathodal stimulation over the medial prefrontal cortex (mPFC) (Nakamura and Kawabata, 2015); (2) anodal stimulation over the left dorsolateral prefrontal cortex (lDLPFC) (Cattaneo et al., 2014). We also performed a more focal stimulation targeting the orbitofrontal cortex (OFC) to determine the optimal stimulation site for modulating beauty perception (3). Participants rated the subjectively-perceived beauty of the images before and after the tDCS administration. We divided images into four clusters according to the obtained scores in our preliminary study and examined changes in beauty ratings in each image cluster separately to exclude factors, such as stimuli attributions that may reduce tDCS effects. The results showed no strong effects of tDCS with the same parameters as in previous studies on beauty rating scores in any image cluster. Likewise, anodal stimulation over the OFC did not result in a change in rating scores. In contrast to previous studies, the current study did not corroborate the effects of tDCS on beauty perception. Our findings provide evidence regarding the recent reproducibility issue of tDCS effects and suggest the possible inflation of its effects on cognitive domains. (shrink)

Reasoning about situations we take to be impossible is useful for a variety of theoretical purposes. Furthermore, using a device of impossible worlds when reasoning about the impossible is useful in the same sorts of ways that the device of possible worlds is useful when reasoning about the possible. This paper discusses some of the uses of impossible worlds and argues that commitment to them can and should be had without great metaphysical or logical cost. The paper then provides an (...) account of reasoning with impossible worlds, by treating such reasoning as reasoning employing counterpossible conditionals, and provides a semantics for the proposed treatment. (shrink)

It’s commonly held that particular moral facts are explained by ‘natural’ or ‘descriptive’ facts, though there’s disagreement over how such explanations work. We defend the view that general moral principles also play a role in explaining particular moral facts. More specifically, we argue that this view best makes sense of some intuitive data points, including the supervenience of the moral upon the natural. We consider two alternative accounts of the nature and structure of moral principles—’the nomic view’ and ‘moral platonism’—before (...) considering in what sense such principles obtain of necessity. (shrink)

Claims pertaining to understanding are made in a variety of contexts and ways. As a result, few in the philosophical literature have made an attempt to precisely characterize the state that is y understanding x. This paper builds an account that does just that. The account is motivated by two main observations. First, understanding x is somehow related to being able to manipulate x. Second, understanding is a mental phenomenon, and so what manipulations are required to be an understander must (...) only be mental manipulations. Combining these two insights, the paper builds an account (URM) of understanding as a certain representational capacity—specifically, understanding x involves possessing a representation of x that could be manipulated in useful ways. By tying understanding to representation, the account correctly identifies that understanding is a fundamentally cognitive achievement. However, by also demanding that which representations count as understanding-conferring be determined by their practical effects, URM captures the insight that understanding is vitally connected to practice. URM is fully general, and can apply equally well to understanding states of affairs, understanding events, and even understanding people and works of art. The ultimate test of URM is its applicability in actual scientific and philosophical discourse. To that end the paper discusses the importance of understanding in the philosophy of science, psychology, and computer science. (shrink)

This classic analysis of Western liberal capitalist society contends that capitalism harbors the seeds of its downfall, particularly by effecting a certain cultural tendency among its most successful subjects that is bound to corrode its very foundations. As such, it is a conservative critique employing cultural concerns precisely where Marx prioritized economic ones.

1. Introduction In ‘The Refutation of Idealism’, G.E.Moore observed that, "when we try to introspect the sensation of blue, all we can see is the blue: the other element is as if it were diaphanous" (1922; p.25). Many philosophers, but Gilbert Harman (1990, 1996) in particular, have suggested that this observation forms the basis of an argument against qualia, usually called the argument from diaphanousness or transparency.1 But even its friends concede that it is none too clear what the argument (...) from diaphanousness—as I will call it—is (Tye 2000; p.45).2 The purpose of this paper is to formulate the argument, and to assess its merits. My conclusion will be that qualia realists have little to fear from the argument—provided both qualia and diaphanousness are properly understood. (shrink)

We first describe recent empirical research on racial cognition, particularly work on implicit racial biases that suggests they are widespread, that they can coexist with explicitly avowed anti-racist and tolerant attitudes, and that they influence behavior in a variety of subtle but troubling ways. We then consider a cluster of questions that the existence and character of implicit racial biases raise for moral theory. First, is it morally condemnable to harbor an implicit racial bias? Second, ought each of us to (...) suspect ourselves of racial bias, and therefore correct for it in ordinary activity, such as grading student papers? (shrink)

“X-Firsters” hold that there is some normative feature that is fundamental to all others (and, often, that there’s some normative feature that is the “mark of the normative”: all other normative properties have it, and are normative in virtue of having it). This view is taken as a starting point in the debate about which X is “on first.” Little has been said about whether or why we should be X-Firsters, or what we should think about normativity if we aren’t (...) X-Firsters. Hence the chapter’s two main goals. First, to provide a simple argument that one shouldn’t be an X-Firster about the normative domain, which starts with the observation that analogous views have dubious merits in analogous domains. Second, to offer an alternative view—taking normativity to be a determinable explained in terms of its determinates—that offers an interesting way to think about the structure and unity of normativity. (shrink)

ABSTRACT How can imagination generate knowledge when its contents are voluntarily determined? Several philosophers have recently answered this question by pointing to the constraints that underpin imagination when it plays knowledge-generating roles. Nevertheless, little has been said about the nature of these constraints. In this paper, I argue that the constraints that underpin sensory imagination come from the structure of causal probabilistic generative models, a construct that has been highly influential in recent cognitive science and machine learning. I highlight several (...) attractions of this account, and I favourably contrast it with Peter Langland-Hassan’s account of sensory imagination in terms of the forward models exploited in sensorimotor control. (shrink)

Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

Systematic reviews, which were developed to improve policy-making and clinical decision-making, answer an empirical question based on a minimally biased appraisal of all the relevant empirical studies. A model is presented here for writing systematic reviews of argument-based literature: literature that uses arguments to address conceptual questions, such as whether abortion is morally permissible or whether research participants should be legally entitled to compensation for sustaining research-related injury. Such reviews aim to improve ethically relevant decisions in healthcare, research or policy. (...) They are better tools than informal reviews or samples of literature with respect to the identification of the reasons relevant to a conceptual question, and they enable the setting of agendas for conceptual and empirical research necessary for sound policy-making. This model comprises prescriptions for writing the systematic review's review question and eligibility criteria, the identification of the relevant literature, the type of data to extract on reasons and publications, and the derivation and presentation of results. This paper explains how to adapt the model to the review question, literature reviewed and intended readers, who may be decision-makers or academics. Obstacles to the model's application are described and addressed, and limitations of the model are identified. (shrink)

Nocebo effects occur when an adverse effect on the patient arises from the patient's own negative expectations. In accordance with informed consent, providers often disclose information that results in unintended adverse outcomes for the patient. While this may adhere to the principle of autonomy, it violates the doctrine of “primum non nocere,” given that side-effect disclosure may cause those side effects. In this article we build off previous work, particularly by Wells and Kaptchuk and by Cohen :3–11.[Taylor & Francis Online], (...) [Web of Science ®] [Google Scholar]), to suggest ethical guidelines that permit nondisclosure in the case when a nocebo effect is likely to occur on of the basis of nonmaleficence. We accept that that autonomy vis-à-vis informed consent must be forestalled, but salvage much of its role by elaborating a practical clinical approach to postencounter follow-up. In doing so, we reconcile a clinically practicable process of determining conditions of disclosure with long-standing ethical commitments to patients. (shrink)

Care theorists have made significant gains over the past twenty-five years in establishing caring as a viable moral and political concept. Nonetheless, the concept of caring remains underdeveloped as a basis for a moral and political philosophy, and there is no fully developed account of our moral obligation to care. This article advances thinking about caring by developing a definition of caring and a theory of obligation to care sufficient to ground a general moral and political philosophy.

Background Our objective was to evaluate whether the description of a machine learning (ML) app or brain imaging technology to predict the onset of schizophrenia or alcohol use disorder (AUD) influences healthcare professionals’ judgments of stigma, empathy, and compassion. Methods We randomized healthcare professionals (N = 310) to one vignette about a person whose clinician seeks to predict schizophrenia or an AUD, using a ML app, brain imaging, or a psychosocial assessment. Participants used scales to measure their judgments of stigma, (...) empathy, and compassion. Results Participants randomized to the ML vignette endorsed less anger and more fear relative to the psychosocial vignette, and the brain imaging vignette elicited higher pity ratings. The brain imaging and ML vignettes evoked lower personal responsibility judgments compared to the psychosocial vignette. Physicians and nurses reported less empathy than clinical psychologists. Conclusions The use of predictive technologies may reinforce essentialist views about mental health and substance use that may increase specific aspects of stigma and reduce others. (shrink)

A psychedelic renaissance is currently taking place in mental healthcare. The number of psychedelic-assisted therapy trials is growing steadily, and some countries already grant psychiatrists special permission to use psychedelics in non-research contexts under certain conditions. These clinical advances must be accompanied by ethical inquiry. One pressing ethical question involves whether patients can even give informed consent to psychedelic-assisted therapy: the treatment’s transformative nature seems to block its assessment, suggesting that patients are unable to understand what undergoing psychedelic-assisted therapy actually (...) means for them and whether it aligns with their values. The present paper argues that patients often have sufficient knowledge to give informed consent because they know that they want to change their negative status quo and that psychedelic-assisted therapy offers an effective way to do so. Accordingly, patients can understand what the transformative nature of psychedelic-assisted therapy means for them and a make a value-aligned choice even if they are unable to anticipate the manifestation of a psychedelic experience. (shrink)

Disputes between advocates of Bayesians and more orthodox approaches to statistical inference presuppose that Bayesians must regard must regard stopping rules, which play an important role in orthodox statistical methods, as evidentially irrelevant.In this essay, I show that this is not the case and that the stopping rule is evidentially relevant given some Bayesian confirmation measures that have been seriously proposed. However, I show that accepting a confirmation measure of this sort comes at the cost of rejecting two useful ancillaryBayesian (...) principles. (shrink)

There exists a family of views concerning the foundations of epistemic normativity that all travel under the heading “epistemic instrumentalism”. These views are unified by their attempt to explain epistemic normativity in terms of instrumental normativity. Very roughly, they all say that we have reason to respond to truth-related considerations when forming and maintaining doxastic attitudes since regulating our doxastic attitudes in this way helps us satisfy our aims, interests, or goals. Thus, according to epistemic instrumentalists, truth-related considerations constitute reasons (...) for belief, but they only do so because regulating our beliefs on their basis is an effective way to satisfy our ends. I will first try to clarify the question that epistemic instrumentalism is supposed to answer. I will then identify a plausible normative commitment and show that the main varieties of epistemic instrumentalism fail to vindicate it. I will conclude by arguing that this provides us with prima facie grounds for rejecting epistemic instrumentalism. (shrink)

In a recent article, Elliot Sober responds to challenges to a counter-example that he posed some years earlier to the Principle of the Common Cause (PCC). I agree that Sober has indeed produced a genuine counter-example to the PCC, but argue against the methodological moral that Sober wishes to draw from it. Contrary to Sober, I argue that the possibility of exceptions to the PCC does not undermine its status as a central assumption for methods that endeavor to draw causal (...) conclusions from statistical data. 1 The PCC and the counter-example 2 Making non-stationary time series stand still 3 Sober's alternative. (shrink)

Theorists attending to the epistemic condition on responsibility are divided over whether moral ignorance is ever exculpatory. While those who argue that reasonable expectation is required for blameworthiness often maintain that moral ignorance can excuse, theorists who embrace a quality of will approach to blameworthiness are not sanguine about the prospect of excuses among morally ignorant wrongdoers. Indeed, it is sometimes argued that moral ignorance always reflects insufficient care for what matters morally, and therefore that moral ignorance never excuses. Furthermore, (...) quality of will theorists treat their skepticism about excuses for the morally ignorant as a natural implication of their approach. It is therefore unsurprising that, while many have argued for the blamelessness of certain morally ignorant agents on grounds concerning reasonable expectation, the possibility that morally ignorant agents might be blameless even according to quality of will views has not been adequately addressed. I illustrate and explain how it is possible for morally ignorant agents to display sufficient care for the morally relevant features of their wrong behavior. Thus, even if quality of will views are correct, moral ignorance sometimes excuses. (shrink)

This paper is about the opposite of judgement and calculation. This opposition has been a traditional anchor of critiques concerned with the rise of AI decision making over human judgement. Contrary to these approaches, it is argued that human judgement is not and cannot be replaced by calculation, but that it is human judgement that contextualises computational structures and gives them meaning and purpose. The article focuses on the epistemic structure of algorithms and artificial neural networks to find that they (...) always depend on human judgement to be related to real life objects or purposes. By introducing the philosophical concept of judgement, it becomes clear that the property of judgement to provide meaning and purposiveness is based on the temporality of human life and the ambiguity of language, which quantitative processes lack. A juxtaposition shows that calculations and clustering can be used and referred to in more or less prejudiced and reflecting as well as opaque and transparent ways, but thereby always depend on human judgement. The paper clearly asserts that the transparency of AI is necessary for their autonomous use. This transparency requires the explicitness of the judgements that constitute these computational structures, thereby creating an awareness of the conditionality of such epistemic entities. (shrink)

By distinguishing between pragmatic and semantic aspects of emotivism, and by distinguishing between inflationary and deflationary conceptions of truth conditions, this paper defends emotivism against a series of objections. First, it is not the case (as Blackburn has argued) that emotivism must explain the appearance that moral sentences have truth conditions. Second, it is not the case (as Boghossian has argued) that emotivism presupposes that non-moral sentences have inflationary truth conditions. Finally, it is not the case (as Geach and Blackburn (...) have argued) that emotivism is inconsistent with the validity of certain simple arguments. (shrink)

Much of contemporary philosophy of mind is marked by a dissatisfaction with the two main positions in the field, standard materialism and standard dualism, and hence with the search for alternatives. My concern in this paper is with two such alternatives. The first, which I will call non-standard materialism, is a position I have defended in a number of places, and which may take various forms. The second, panpsychism, has been defended and explored by a number of recent writers. My (...) main goals are: (a) to explain the differences between these positions; and (b) to suggest that non-standard materialism is more plausible than panpsychism. (shrink)

The rise of China, along with problems of governance in democratic countries, has reinvigorated the theory of political meritocracy. But what is the theory of political meritocracy and how can it set standards for evaluating political progress? To help answer these questions, this volume gathers a series of commissioned research papers from an interdisciplinary group of leading philosophers, historians and social scientists. The result is the first book in decades to examine the rise of political meritocracy and what it will (...) mean for political developments in China and the rest of the world. Despite its limitations, meritocracy has contributed much to human flourishing in East Asia and beyond and will continue to do so in the future. This book is essential reading for those who wish to further the debate and perhaps even help to implement desirable forms of political change. (shrink)

El artículo presenta un examen de la relación entre la teología cristiana católica en México en el siglo XVII, específicamente en las ideas de autores pertenecientes a la Compañía de Jesús, y el estilo barroco de las obras que se crearon en dicho periodo, sobre todo en pintura, poesía y arquitectura. Se estudian especialmente las ideas expresadas por Tomás de Alfaro, S.J. (ca. 1667) y Luis de Villanueva, S.J. (1605-1659).

Este trabajo estudia el pensamiento teológico y filosófico de Francisco Suárez sobre la libertad. El problema de la Concordia entre gracia y libertad, suprime el concepto de naturaleza como quicio del pensamiento filosófico cristiano. La libertad se sitúa como causa metafísica formal en Suárez, no como fundamento a la manera moderna de un Yo afincado en sus solas fuerzas, sino como principio heurístico y creador de un ser lleno de posibilidades cuya afirmación: “soy libre”, sintetiza la filosofía suareciana, y hace (...) inteligibles las realidades dadas por la experiencia concreta para obtener una comprensión superior.Palabras llave: Francisco Suárez; teología neoescolástica; filosofía neoescolástica.This work studies Francisco Suárez’s theological and philosophical thought about freedom. The problem of agreement between grace and freedom suppresses the concept of nature as physis and its ethiology, as a referential shelf for Christian philosophical thought. In Suárez, freedom is placed as a formal metaphysical cause, not as a foundation in the modern manner of an “I” based on its sole forces, but as heuristic principle that creates a being full of possibilities, whose statement: “I am free”, synthesizes Suárez’s philosophy and makes intelligible the realities given by concrete experience in order to obtain a superior understanding.Palabras llave: Francisco Suárez; theology; liberty. (shrink)

Este trabajo inicia su meditación teniendo como punto de partida la enseñanza de la Biblia sobre la naturaleza misma del hombre, su influjo sobre el enigma de la libertad y de la cual el pensamiento de Kierkegaard se hace eco: sólo un Dios omnipotente puede crear un ser libre. Prosigue el estudio con las reflexiones meta- físicas de san Agustín, san Anselmo, santo Tomás y Duns Scoto, interrogándose cuál son las raíces de esa libertad y cómo se relacionan con la (...) voluntad y la inteligencia, que permiten dirigirse y elegir: la libre elección del bien y del mal (libertas minor) y la libertad dentro del bien (libertas maior). (shrink)