RESUMEN El artículo examina las limitaciones de un enfoque de restitución de derechos de pro piedad con resonancias en el derecho civil y su forma de narrar el sujeto propietario y la cosa-bien apropiada, para abordar las experiencias de daño sufridas por campe sinos desplazados y despojados en Colombia. Esa narración reafirma la separación entre personas y cosas, estrecha la potencialidad significativa de las relaciones entre campesino y tierra, y limita el campo interpretativo del daño y la reparación, donde las (...) experiencias de quienes son dañados no son escuchadas. ABSTRACT The article examines the limitations of the restitution of property rights approach, with its repercussions for on civil law, and its way of narrating the subject-owner and the thing-good appropriated, in order to address the experiences of harm suffered by displaced and dispossessed peasants in Colombia. Such narration reaffirms the separation between persons and things; reduces the significant potentiality of the relations between peasants and land; and limits the interpretive field of harm and reparation since the experiences of those harmed are not heard. (shrink)

Ken Elkins retired as chief photographer of the Anniston Star in 2000, and this selection of his work demonstrates his brilliant eye for finding and capturing images of rural southern lives and landscapes in all their difficulty, candor, and humor. These are unadorned images of a timeless landscape and proud resourceful people, who know well their neighbors, honor their past, and face the tests of daily life with wit and a stoic sense of endurance.

Disagreement is a common feature of a social world. For various reasons, however, we sometimes need to resolve a disagreement into a single set of opinions. This can be achieved by pooling the opinions of individuals that make up the group. This Element provides an opinionated survey on some ways of pooling opinions: linear pooling, multiplicative pooling (including geometric), and pooling through imprecise probabilities. While this Element gives significant attention to the axiomatic approach in evaluating pooling strategies, it also evaluates (...) them in terms of the epistemic and practical goals they might meet. In doing so, this Element connects opinion pooling to some philosophical problems in social epistemology and the philosophy of action, illuminating different perspectives one might take when figuring out how to pool opinions for a given purpose. This title is also available as Open Access on Cambridge Core. (shrink)

Two compelling principles, the Reasonable Range Principle and the Preservation of Irrelevant Evidence Principle, are necessary conditions that any response to peer disagreements ought to abide by. The Reasonable Range Principle maintains that a resolution to a peer disagreement should not fall outside the range of views expressed by the peers in their dispute, whereas the Preservation of Irrelevant Evidence Principle maintains that a resolution strategy should be able to preserve unanimous judgments of evidential irrelevance among the peers. No standard (...) Bayesian resolution strategy satisfies the PIE Principle, however, and we give a loss aversion argument in support of PIE and against Bayes. The theory of imprecise probability allows one to satisfy both principles, and we introduce the notion of a set-based credal judgment to frame and address a range of subtle issues that arise in peer disagreements. (shrink)

Elkins provides an abundantly illustrated history of the theory and practice of perspective. Looking at key texts from the Renaissance to the present, he traces a fundamental historical change that took place in the way in which perspective was conceptualized; first a technique for constructing pictures, it slowly became a metaphor for subjectivity.

James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic , Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of (...) time and which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lays out a substantive conception of the public interest that emphasizes the power of institutions to shape our political, economic, and civic lives. Elkin argues that his theory should guide us toward building a commercial republic that is rooted in a politics of the public interest and the self-interest of the middle class. He then recommends specific reforms to create this kind of republic, asserting that Americans today can still have the lives a commercial republic is intended to promote: lives with real opportunities for economic prosperity, republican political self-government, and individual liberty. (shrink)

In recent years, artificial intelligence has been deployed by online platforms to prevent the upload of allegedly illegal content or to remove unwarranted expressions. These systems are trained to spot objectionable content and to remove it, block it, or filter it out before it is even uploaded. Artificial intelligence filters offer a robust approach to content moderation which is shaping the public sphere. This dramatic shift in norm setting and law enforcement is potentially game-changing for democracy. Artificial intelligence filters carry (...) censorial power, which could bypass traditional checks and balances secured by law. Their opaque and dynamic nature creates barriers to oversight, and conceals critical value choices and tradeoffs. Currently, we lack adequate tools to hold them accountable. This paper seeks to address this gap by introducing an adversarial procedure— – Contesting Algorithms. It proposes to deliberately introduce friction into the dominant removal systems governed by artificial intelligence. Algorithmic content moderation often seeks to optimize a single goal, such as removing copyright-infringing materials or blocking hate speech, while other values in the public interest, such as fair use or free speech, are often neglected. Contesting algorithms introduce an adversarial design which reflects conflicting values, and thereby may offer a check on dominant removal systems. Facilitating an adversarial intervention may promote democratic principles by keeping society in the loop. An adversarial public artificial intelligence system could enhance dynamic transparency, facilitate an alternative public articulation of social values using machine learning systems, and restore societal power to deliberate and determine social tradeoffs. (shrink)

James Elkins has shaped the discussion about how we—as artists, as art historians, or as outsiders—view art. He has not only revolutionized our thinking about the purpose of teaching art, but has also blazed trails in creating a means of communication between scientists, artists, and humanities scholars. In Six Stories from the End of Representation , Elkins weaves stories about recent images from painting, photography, physics, astrophysics, and microscopy. These images, regardless of origin, all fail as representations: they are blurry, (...) dark, pixellated, or otherwise unclear. In these opaque images, Elkins finds an opportunity to create stories that speak simultaneously to artists and to scientists, and to open both those fields to those of us who have little purchase in either. Regarding each image through the lens of the discipline that produced it, Elkins simultaneously affirms the unique structure of each way of viewing the world and brings those views together into a vibrant conversation. (shrink)

I hope this book will inspire every reader to stop and consider things that are...so clearly meaningless that they never seemed worth a second thought.... Grass, the night sky, a postage stamp, a crack in the sidewalk, a shoulder. Ordinary objects of everyday life. But when we look at them--really look at them--what do we see? In the tradition of John Berger's bestselling Ways of Seeing,James Elkins'sHow to Use Your Eyesinvites us to look at--and maybe to see for first time--the (...) world around us, with breathtaking results. Here are the common artifacts of life, often misunderstood and largely ignored, brought into striking focus. A butterfly's wing pattern encodes its identity. A cloudless sky yields a precise sequence of colors at sunset. A bridge reveals the relationship of a population with its landscape. With the discerning eye of a painter and the zeal of a detective, Elkins also explores complicated things like mandalas,the periodic table, or a hieroglyph, remaking the world into a treasure box of observations--eccentric, ordinary, marvelous. How to Use Your Eyesis a thrilling read evocative of the work of Diane Ackerman and Stephen Jay Gould. It will transform your view of nature and the mind. (shrink)

How do psychoanalytic, semiotic, deconstructive, and other interpretations represent works of art? What can they see, and what must they miss? In _Our Beautiful, Dry, and Distant Texts_, Elkins suggests that the philosophic problems posed by these questions are essentially insuperable because philosophy makes demands of visual artifacts that they can answer only by becoming mirror images of philosophic discourse. Elkins argues that writing is what art historians produce, and, whether such writing is a transparent vehicle for the transmission of (...) facts or an embattled forum for the rehearsal of institutional relations and constructions of history, it is an expressive medium, with the capacity for emotion and reflection. Therefore, it needs to be taken seriously for its own sake: it is the testament of art history and of individual historians, and it is only weakened and slighted by versions of history that imagine it either as uncontrolled dissemination or objective discovery and reporting. Elkins's investigation is not a prescription for opening art history to new influences or for focusing it on particular problems. It is a plea for circumspection in the entire endeavor of trying to force images into words, and in the curious vocation of writing the history of art. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Theoretical Remarks on Combined Creative and Scholarly PhD Degrees in the Visual ArtsJames Elkins (bio)The PhD in visual arts is inescapable: it is on the horizon. In just a few years, there will be a number of such programs in the United States, and if the trend mirrors the expansion of MFAs after the mid-1960s, then in a few decades the PhD will be the consensus "terminal" degree for (...) artists. Given that, it is pressing to consider how the degree might be theorized. In Australia and the United Kingdom, where the degrees already exist, their growth has been dictated in large measure by the existing educational structures and by the inevitable quest for funding. (In the United Kingdom, university departments get a disproportionate increase in their funding if they offer doctorate programs, and the same pattern occurs in state schools in America.) As a result, existing programs simply grow by exonomic necessity or opportunity, and so far they have not been well theorized apart from models already in use elsewhere in the university. Private universities and art schools in the United States are therefore well positioned to rethink the conceptual foundations of combined studio and scholarly PhDs, because they are largely freed of the temptation of increased funding and the obligation to fit the new programs into existing structures. In this essay, I propose eight configurations that such degrees might take. I close with three general observations about the future of such programs.Three pieces of background are necessary as introduction. First, the School of the Art Institute, Chicago, where I teach, is currently running an four-year undergraduate major in visual studies. Soon we will be expanding it into an MA and, in a few years, a PhD. At the BA level our program already has a large studio component. For that reason we have been looking at programs that offer comparable combinations of creative and scholarly work at the PhD level. Our own program, we hope, will be a place [End Page 22] where the possibilities of other programs can be kept open and continuously questioned.Second, this essay was originally a reader's report for a creative-arts PhD thesis called "Beyond the Surface: The Contemporary Experience of the Italian Renaissance," written by Jo-Anne Duggan for the University of Technology, Sydney. In fall 2003 Duggan was a candidate for the "DCA," Doctorate of Creative Arts." She is a photographer, and her special interest is photographing inside museums; her thesis explores the history and theory of that practice. The report I wrote for her was the basis of this essay, because I found that her thesis is a mixture of what I think are the eight principal possibilities for combining PhD-level scholarship and creative work.Third, this essay is the outgrowth of several colloquia that have been held at the College Art Association and at the Association of Independent Colleges of Art and Design/National Association of Schools of Art and Design (AICAD/NASAD) conferences (organizations of art school administrators). These ad hoc forums have been, so far, the only places where the new programs have been debated. I hope this essay can contribute to a more detailed discussion.Here are the eight configurations. The first five are (or will be) common, and the last two are rare but preferable.1. The thesis is art history, intended to inform the art practice. The most obvious relation between scholarship and creative work is that the former informs the latter. The artist positions her scholarship so that it supports her art practice. Within this possibility, perhaps the most common option would be to write an art historical thesis, covering the history of practices that lead up to the writer's own practice. Among the advantages would be that, in theory, the candidate would be able to go on to teach in a department of art history. In terms of her practice, the idea would be that historical knowledge strengthens art practice: a debatable point, if only because so many artists have done so well by ignoring or distorting the relevant history. In Canberra in summer 2003, I met a recent PhD whose thesis was on... (shrink)

The theories I have outlined suggest that by displacing but not excluding theory, art historical practice at once grounds itself in empiricism and implies an acceptance of theory’s claim that it cannot be so grounded. But beyond descriptions like this, the theories are not a helpful way to understand practice because they cannot account for its persistence except by pointing to its transgressions and entanglements in self-contradiction. Nor does it help to say, pace Steven Knapp, Walter Benn Michaels, and Stanley (...) Fish, that strong theory can have no consequences, because the reason theory has no consequences in this instance is not the impossibility of theory’s transcendence , but a combination of the conventions, desires, and beliefs of practicing historians.14 Theoretical approaches must bypass the concerns of practice because practice has no position which can be argued alongside theory’s positions. There are two reasons why a “Defense of Empiricism in Art History” has not been written. First, art historical practice does not incorporate even a local or heuristic theory to explain or discuss itself. Second, its “position” is not a latent theory, waiting to be eloquently stated, but something which is presupposed in a vague and variable manner by the art historical texts themselves. Art historical practice, for example, has an objectivist intention: it takes itself to be “a science, with definite principles and techniques,” which can exclude theory and generate texts by appealing only to previous nontheoretical texts and to the facts.15 This intention is rarely stated, exasperatingly slippery to formulate clearly, and even incoherent when it is applied to existing texts; but this is so precisely because it works by not being included in the texts. If some version of it were stated at the outset of a monograph, it would cast doubt on the entire enterprise and lead the reader to conclude incorrectly that practice is dependent on theory, and uncertain theory at that. In its unstated form, the objectivist intention allows narrative practice to continue unimpeded. James Elkins is a doctoral candidate at the University of Chicago. This article is from a work in progress concerned with the influence of writing conventions on the history of art. (shrink)

In _The New Constitutionalism_, seven distinguished scholars develop an innovative perspective on the power of institutions to shape politics and political life. Believing that constitutionalism needs to go beyond the classical goal of limiting the arbitrary exercise of political power, the contributors argue that it should—and can—be designed to achieve economic efficiency, informed democratic control, and other valued political ends. More broadly, they believe that political and social theory needs to turn away from the negativism of critical theory to consider (...) how a good society should be "constituted" and to direct the work of designing institutions that can constitute a "good polity," in both the economic and civic senses. Stephen L. Elkin and Karol Edward Soltan begin with an overview of constitutionalist theory and a discussion of the new constitutionalism within the broader intellectual and historical context of political and social thought. Charles Anderson, James Ceaser, and the editors then offer different interpretations of the central issues regarding institutional design in a constitutionalist social science, consider various ways of performing the task, and discuss the inadequacy of recent political science to the job it ought to be doing. The book concludes with essays by Ted Lowi, Cass Sunstein and Edwin Haefele which apply these themes to the American regime. (shrink)

What does it mean to be visually literate? Does it mean different things in the arts and the sciences? In the West, in Asia, or in developing nations? If we all need to become "visually literate," what does that mean in practical terms? The essays gathered here examine a host of issues surrounding "the visual," exploring national and regional ideas of visuality and charting out new territories of visual literacy that lie far beyond art history, such as law and chemistry. (...) With an afterword by Christopher Crouch, this groundbreaking collection brings together the work of major art and visual studies scholars and critics to explore what impact the new concept of "visual literacy" will have on the traditional field of art history. Contributors: Matthias Bruhn, Vera Dünkel, Jonathan Crary, Christopher Crouch, Peter Dallow, James Elkins, Henrik Enquist, W.J.T. Mitchell, Richard K. Sherwin, Susan Shifrin, Jon Simons, Barbara Maria Stafford, William Washabaugh. (shrink)

Peirce is far too strange for the uses to which he is put in art history. This is a plea to art historians for a moratorium on Peirce citations.

In a wide-ranging argument moving from Sumerian demons to Lucian Freud, from Syriac prayer books to John Carpenter's film The Thing, this book explores the ways the body has been represented through time. A response to the vertiginous increase in writings on bodily representations, it attempts to form a single coherent account of the possible forms of representation of the body. This work brings together concerns, images, and concepts from a wide range of perspectives: art history and criticism, the history (...) and philosophy of medicine, the history of race, phenomenological and post-phenomenological thought, studies of feminism and pornography, and the new interest in visual studies. Yet it is less a philosopher's look at history or a historian's foray into philosophy than a practical and critical look at the current constellation of art practices. Above all, it is intended to be of immediate use in the conceptualization and production of visual art and its history. (shrink)

In this short paper, I show that AGM belief contraction is appropriate for modeling an epistemically modest response to a disagreement with an epistemic peer.

A variety of arguments have been advanced that deliberation should be at the center of any good political regime in which there is popular self-government. Deliberation is to be the basis for lawmaking, that is, for the making of the collectivity's binding decisions. Thus, John Rawls says, “[O]f course, actual constitutions should be designed as far as possible to make the same determinations as the ideal legislative procedure.” This procedure, in turn, is defined as having laws that result from “rational (...) legislators … who are conscientious, trying to follow the principles of justice as their standard.” These legislators “are not to take a narrow or group-interested standpoint.” Joshua Cohen broadly agrees with Rawls and characterizes Rawls's view as one that argues for a democratic politics that is built around public deliberation. Cohen says that “an ideal pluralist scheme, in which democratic politics consists of fair bargaining among groups each of which pursues its particular or sectional interest, is unsuited to a just society.” John Dryzek shares these views and comments that the “essence of democratic legitimacy should be sought … in the ability of all individuals subject to a collective decision to engage in authentic deliberation about that decision.” Others have argued along similar lines, including James Bohman, Amy Gutmann and Dennis Thompson, David Gauthier, and Jurgen Habermas. (shrink)

Each of the five volumes in the Stone Art Theory Institutes series—and the seminars on which they are based—brings together a range of scholars who are not always directly familiar with one another’s work. The outcome of each of these convergences is an extensive and “unpredictable conversation” on knotty and provocative issues about art. This fourth volume in the series, _Beyond the Aesthetic and the Anti-Aesthetic_, focuses on questions revolving around the concepts of the aesthetic, the anti-aesthetic, and the political. (...) The book is about the fact that now, almost thirty years after Hal Foster defined the anti-aesthetic, there is still no viable alternative to the dichotomy between aesthetics and anti- or non-aesthetic art. The impasse is made more difficult by the proliferation of identity politics, and it is made less negotiable by the hegemony of anti-aesthetics in academic discourse on art. The central question of this book is whether artists and academicians are free of this choice in practice, in pedagogy, and in theory. The contributors are Stéphanie Benzaquen, J. M. Bern­stein, Karen Busk-Jepsen, Luis Camnitzer, Diarmuid Costello, Joana Cunha Leal, Angela Dimitrakaki, Alexander Dumbadze, T. Brandon Evans, Geng Youzhuang, Boris Groys, Beáta Hock, Gordon Hughes, Michael Kelly, Grant Kester, Meredith Kooi, Cary Levine, Sunil Manghani, William Mazzarella, Justin McKeown, Andrew McNamara, Eve Meltzer, Nadja Millner-Larsen, Maria Filomena Molder, Carrie Noland, Gary Peters, Aaron Richmond, Lauren Ross, Toni Ross, Eva Schürmann, Gregory Sholette, Noah Simblist, Jon Simons, Robert Storr, Martin Sundberg, Timotheus Vermeulen, and Rebecca Zorach. (shrink)

Issues discussed include concepts such as "image" and "picture" in and outside the West; semiotics; whether images are products of discourse; religious meanings; and the ethics of viewing"--Provided by publisher.

It is often suggested that when opinions differ among individuals in a group, the opinions should be aggregated to form a compromise. This paper compares two approaches to aggregating opinions, linear pooling and what I call opinion agglomeration. In evaluating both strategies, I propose a pragmatic criterion, No Regrets, entailing that an aggregation strategy should prevent groups from buying and selling bets on events at prices regretted by their members. I show that only opinion agglomeration is able to satisfy the (...) demand. I then proceed to give normative and empirical arguments in support of the pragmatic criterion for opinion aggregation, and that ultimately favor opinion agglomeration. (shrink)

Recent attempts to provide a viable account of decision making under normative uncertainty through the use of voting procedures seem promising, but incomparable options pose a challenge. This paper focuses on the so-called Borda approach to decision making under normative uncertainty (MacAskill, Mind 125(500):967–1004, 2016 ; MacAskill et al., Moral uncertainty, Oxford University Press, 2020 ) and illustrates how an extended version of it aimed at accommodating incomplete preference orderings associated with normative theories fails. I propose a different account for (...) proponents fond of the voter-theoretic approach that is grounded by _approval voting_, which sufficiently addresses the problem of option incomparability and is pragmatically compelling due to its simpler structure. (shrink)

A systematic literature review was conducted on the production and publication of research articles related to the study of variables, financial technology (Fintech), and Bioeconomy. The purpose of this research was to know the main characteristics of the publications registered in the SD, WoS, and Scopus databases during the period 2007-2024, to February 8, 2024, achieving the identification of 46 publications in total. The information provided by these platforms was organized using graphs and figures, categorizing the information by CO-occurrence of (...) Keywords, Year of Publication, Country of Origin, and Area of Knowledge. Once these characteristics were described, a qualitative analysis was conducted to refer to the position of the different authors on the proposed topic. Among the main results of this research, Germany and the United States were the countries with the highest number of publications, with a total of 7 publications each, followed by Brazil with 6 publications, while 60% of the publications are concentrated and originate in European countries. The area of knowledge that contributed the most to the study variables was Environmental Sciences, with 18 articles. This systematic literature review allowed us to conclude that the study of the intersection of bioeconomy and financial technologies is an issue that is gaining attention. There has been a boom in scientific publications in the last decade. (shrink)

Some naturalistic philosophers of mind subscribing to the predictive processing theory of mind have adopted a realist attitude towards the results of Bayesian cognitive science. In this paper, we argue that this realist attitude is unwarranted. The Bayesian research program in cognitive science does not possess special epistemic virtues over alternative approaches for explaining mental phenomena involving uncertainty. In particular, the Bayesian approach is not simpler, more unifying, or more rational than alternatives. It is also contentious that the Bayesian approach (...) is overall better supported by the empirical evidence. So, to develop philosophical theories of mind on the basis of a realist interpretation of results from Bayesian cognitive science is unwarranted. Naturalistic philosophers of mind should instead adopt an anti-realist attitude towards these results and remain agnostic as to whether Bayesian models are true. For continuing on with an exclusive focus and praise of Bayes within debates about the predictive processing theory will impede progress in philosophical understanding of scientific practice in computational cognitive science as well as of the architecture of the mind. (shrink)

This article explores the development of ideas in constitutional design. The point of departure is a perspective of constitutions-as-products, and thus, an examination of the invention, innovation, and an uptake of these products. The article conceptualizes constitutional innovation and distinguishes its manifestations with respect to constitutional products, the process of constitution-making, and in supporting institutions. The last two elements, in line with Schumpeter’s approach to innovation, would seem especially important to constitutional development. The article provides several examples from the area (...) of human rights and argues that innovations tend to be found in situations in which there is strong aversion to a prior order. It also shows that innovations tend to come from the periphery rather than the global core of the field. One of the sources of “mixed” constitutions is precisely such innovations, which then form raw material for further mixing. (shrink)

The Precautionary Principle is typically construed as a conservative decision rule aimed at preventing harm. But Martin Peterson (JME 33: 5–10, 2007; The ethics of technology: A geometric analysis of five moral principles, Oxford University Press, Oxford, 2017) has argued that the principle is better understood as an epistemic rule, guiding decision-makers in forming beliefs rather than choosing among possible acts. On the epistemic view, he claims there is a principle concerning expert disagreement underlying precautionary-based reasoning called the ecumenical principle: (...) all expert views should be considered in a precautionary appraisal, not just those that are the most prominent or influential. In articulating the doxastic commitments of decision-makers under this constraint, Peterson precludes any probabilistic rule that might result in combining expert opinions. For combined or consensus probabilities are likely to provide decision-makers with information that is more precise than warranted. Contra Peterson, I argue that upon adopting a broader conception of probability, there is a probabilistic rule, under which expert opinions are combined, that is immune to his criticism and better represents the ecumenical principle. (shrink)

As visual art becomes more international, ways of writing about art become more uniform. This essay proposes that two disciplines concerned with contemporary visual art, art criticism and art theory, are on the verge of being effectively homogeneous around the world. They share concepts, artists, artworks, institutions, and bibliographic references. For comparison, I consider two other fields that may also be increasingly uniform: studio art instruction and the novel. The last, in particular, is the subject of a large literature; critics (...) and historians debate whether contemporary global novels are becoming more self-similar if not more predictable. The literature on the novel allows me to conclude that it is likely writing on art is following the same tendency. (shrink)