El objetivo del artículo es describir la fenomenología jurídica de Adolf Reinach, apuntar algunos posibles desarrollos de la misma y esclarecer su contribución a la filosofía del derecho contemporánea. En primer lugar, se traza una breve biografía intelectual de su autor, para pasar, tras un breve análisis de su obra sobre La Premeditación, al análisis de la teoría de los actos sociales y la exposición de la necesidad y posibilidad de una ciencia jurídica cuyas proposiciones sean sintéticas y a priori. (...) Por último, se analiza la relación de esta ciencia que describe los estados de cosas jurídicos, con la ciencia jurídica empírica y las disposiciones del derecho positivo. Para terminar, se analiza la contribución de estas investigaciones al desarrollo de la filosofía del derecho actual. (shrink)

ABSTRACTFinance may suffer from institutional deformations that subordinate its distinctive goods to the pursuit of external goods, but this should encourage attempts to reform the institutionalization of finance rather than to reject its potential for virtuous business activity. This article argues that finance should be regarded as a domain-relative practice. Alongside management, its moral status thereby varies with the purposes it serves. Hence, when practitioners working in finance facilitate projects that create common goods, it allows them to develop virtues. This (...) argument applies MacIntyre’s widely acknowledged account of the relationship between practices and the development of virtues while questioning some of his claims about finance. It also takes issue with extant accounts of particular financial functions that have failed to identify the distinctive goods of financial practice. (shrink)

In this paper we study the idea of theories with containers, like sets, pairs, sequences. We provide a modest framework to study such theories. We prove two concrete results. First, we show that first-order theories of finite signature that have functional non-surjective ordered pairing are definitionally equivalent to extensions in the same language of the basic theory of non-surjective ordered pairing. Second, we show that a first-order theory of finite signature is sequential (is a theory of sequences) iff it is (...) definitionally equivalent to an extension in the same language of a system of weak set theory called WS. (shrink)

The story of the Ship of Theseus is one of the most venerable conundrums in philosophy. Some philosophers consider it a genuine puzzle. Others deny that it is so. It is, therefore, an open question whether there is or there is not a puzzle in the Ship of Theseus story. So, arguably, it makes sense to test empirically whether people perceive the case as a puzzle. Recently, David Rose, Edouard Machery, Stephen Stich and forty-two other researchers from different countries have (...) undertaken that task. We argue that their tests do not provide any evidence that bears on the question as to whether the Ship of Theseus case is a genuine puzzle. In our discussion we address also what should be taken into account if one wishes to test the puzzling, or not puzzling, status of the Ship of Theseus story. (shrink)

In this paper I examine some of the positive epistemic and moral dimensions of anger in Plato’s dialogues. My aim is to show that while Plato is clearly aware that retaliatory anger has negative effects on people’s behavior, the strategy we find in his dialogues is not to eliminate anger altogether; instead, Plato aims to transform or rechannel destructive retaliatory anger into a different, more productive, reformative anger. I argue that this new form of anger plays a crucial positive role (...) in our intellectual and moral development. In relation to our intellectual development, anger is often part of people’s reactions to the Socratic interrogations and it often helps or hinders attempts to acknowledge one’s ignorance and become motivated to learn. For anger to play a positive role in the context of philosophical conversations, Plato suggests its transformation from being an outward-looking and reactive emotion oriented towards retaliation (refutation), into a mostly inward-looking emotion aimed at ones’ own moral and intellectual reform or self-betterment. In relation to our moral progress, anger is strategically linked both to the control of our appetites and to the virtue of courage, so anger is crucial to the psychology of the good citizen. Concretely, anger is needed both for the development of the right opposition to injustice and greed, and for the formation of an adequate sensitivity to justice. (shrink)

This essay discusses the possibility, relevance, and pertinence of a reactivation of philosophy as a way of life today on the basis of Pierre Hadot’s account and recent scholarly approaches to the topic. In the wake of John Sellars, it regards philosophy as a way of life as a metaphilosophical option that can still be applied today. The essay starts by addressing John Cooper’s criticism of philosophy as a way of life in the contemporary philosophical landscape and shows that, against (...) the background of the model defined by Hadot, Cooper’s objections do not apply. It then illustrates the clear expression of the model in contemporary philosophy through the particular case of Nietzsche. It concludes by outlining some of the considerations that, in the wake of Hadot, Sellars, Michael Chase, and others, might persuade researchers, teachers, and academics to embrace philosophy as a way of life in their work and lives. (shrink)

The narrow-the-scope proposal for defining racism posits that a narrow definition is preferable to a wide definition because the former better facilitates interracial dialogue. Important critiques of the narrow-the-scope proposal have so far focused on the content of narrow definitions. This paper argues that it is important to critique the use of narrow definitions, as well. An examination of white uses of the term “racism” reveals that narrow definitions tend to be interchangeable with individualist definitions, as individualism is an effective (...) framework for white co-optation in the service of white interests. Consequently, philosophers interested in theorizing racism for racial justice purposes ought to reject the narrow-the-scope proposal. Individualist forms of racism should be accommodated within a wide conception of racism that centers the phenomenon of white racism. (shrink)

The American Institute of certified public accountants (AICPA) has promulgated a Code of Professional Conduct , which has served as the primary ethical standard for public accountants in the United States for more than 20 years. It is now out of date and needs to be replaced with a code of ethics. Just as U.S. generally accepted accounting principles are being migrated toward “principles-based accounting” as part of a convergence with international financial reporting standards, a similar process needs to occur (...) with ethics. This article organizes the primary rules of the AICPA Code around five essential virtues: objectivity, integrity, inquisitiveness, loyalty, and trustworthiness. These virtues correspond to the general principles set forth in the Code of Ethics for Professional Accountants of the International Federation of Accountants (IFAC). From this virtue ethics perspective, various rules of the AICPA Code are critiqued as being inadequate at best, and poorly crafted at worst. The article concludes with the proposition that principles-based ethics serves the profession and the financial reporting process better than the current rules-based approach. (shrink)

This article explores emotions and their relationship to ‘somatic responses’, i.e., one’s automatic responses to sensations of pain, cold, warmth, sudden intensity. To this end, it undertakes a Husserlian phenomenological analysis of the first-hand experience of eight basic emotions, briefly exploring their essential aspects: their holistic nature, their identifying dynamic transformation of the lived body, their two-layered intentionality, their involuntary initiation and voluntary espousal. The fact that the involuntary tensional shifts initiating emotions are irreplicatable voluntarily, is taken to show that (...) all emotions have an innate core, a conclusion corroborated by their strong similarities to somatic responses in dynamics, hedonic tone, and topology. The fact that emotions may be culturally reworked, is shown to be explicable in terms of their complex nature: their dependence on belief, their voluntary espousal, and their ready social transmittability. Finally, it is argued that emotions may plausibly be deemed the evolutionary descendants of somatic responses. (shrink)

Most models of lexical access assume that bilingual speakers activate their two languages even when they are in a context in which only one language is used. A critical piece of evidence used to support this notion is the observation that a given word automatically activates its translation equivalent in the other language. Here, we argue that these findings are compatible with a different account, in which bilinguals “carry over” the structure of their native language to the non-native language during (...) learning, and where there is no activation of translation equivalents. To demonstrate this, we describe a model in which language learning involves mapping native language phonological relationships to the non-native language, and we show how it can explain the results attributed to automatic activation of translation equivalents. (shrink)

In this paper we formulate a version of Second Incompleteness Theorem. The idea is that a sequential sentence has ‘consistency power’ over a theory if it enables us to construct a bounded interpretation of that theory. An interpretation of V in U is bounded if, for some n , all translations of V -sentences are U -provably equivalent to sentences of complexity less than n . We call a sequential sentence with consistency power over T a pro-consistency statement for T (...) . We study pro-consistency statements. We provide an example of a pro-consistency statement for a sequential sentence A that is weaker than an ordinary consistency statement for A . We show that, if A is $${{\sf S}^{1}_{2}}$$ , this sentence has some further appealing properties, specifically that it is an Orey sentence for EA . The basic ideas of the paper essentially involve sequential theories. We have a brief look at the wider environment of the results, to wit the case of theories with pairing. (shrink)

: Leibniz was writing his Discourse on the Natural Theology of the Chinese as the Leibniz-Clarke Controversy developed. Both were terminated by his death. These two fronts show interesting doctrinal correlations. The first is Leibniz' concern for the ''decadence of natural religion.'' The dispute with Clarke began with it, and the Discourse is a defense of Chinese natural religion in order to show its agreement with Christian natural religion. The Controversy can be summed up as ''clockmaker God versus idle God.'' (...) Leibniz wants to escape from the perverse consequences that all criticism of divine voluntarism seems to cause. Thus, his elaboration is directed at a distinct concept of a God that rules without interposing, a supramundane intelligence. And the Leibnizian interpretation of the natural theology of the Chinese can be viewed the same way: it emphasizes a First Principle, Li, which rules without interposing. (shrink)

The key difference between the two concepts is that power acts directly on the actions of others by providing incentives and penalties for action, whereas influence operates on beliefs. From this distinction it follows that the exercise of influence is not simply a sub-class of instances of the exercise of power. It can be perfectly reasonable to attribute influence where there is no power, as in the example of the influence of Cervantes on subsequent writers.

In this contribution the socalled Meno-Problem will be discussed. With respect to theories the problem is the following question: Why is it epistemologically more valuable to know a true theory than to simply believe it? A classical answer in reabilist accounts to this problem refers to the value of the operation which is used for gathering knowledge. But there is a gap in the argumentation as far as one is not allowed to derive from this assumption the conclusion that also (...) the result of the operation is valuable. We are going to show a difference between true theories which are just believed and theories which are also known to be true. This difference seems to allow one to close the mentioned gap. (shrink)

Life, and therefore evolution, is a creative process; creativity is not an attribute of a few gifted people. The way we think obscures this truth. Three ways of dealing with a problem are creativity, calculation, and choice. Creativity can occur when a single idea is held in two contradictory frames of reference. Thus to be creative we have to put aside our usual ways of thinking, which are based on either/or. When we put aside this way of thinking we will (...) see that things do not change: they are change. (shrink)