En el presente trabajo de investigación se realizó un estudio de la institución jurídica de denominada Suspensión Condicional del Procedimiento, sus antecedentes, beneficios y condiciones para su aplicación en delitos considerados de bagatela cuya pena no exceda los cinco años de prisión. De igual manera, se estableció que, al estar prevista en el Código Orgánico Integral Penal, vulnera los principios de: celeridad, economía procesal y mínima intervención penal, dentro de un proceso penal, en razón de que dicha institución jurídica ya (...) se encontraba prevista en nuestra legislación en el derogado Código de Procedimiento Penal. Esta investigación se realizó apoyándonos y sustentándonos a través de la doctrina, legislación comparada y la Constitución de la República. Para ello se realizó una investigación de tipo no experimental, haciendo uso de los métodos de investigación inductivo-deductivo, analítico-sintético y el exegético-jurídico. A partir de lo cual, se obtuvo como resultado que la no aplicación de la institución jurídica de la suspensión condicional del procedimiento vulnera los principios los principios de: celeridad, economía procesal y mínima intervención penal, por lo cual, se debería volver a incluir por parte del legislativo, a través de una reforma esta institución jurídica en el Código Orgánico Integral Penal como un mecanismo alternativo de solución de conflictos. Se concluye además que dicha institución jurídica trae consigo beneficios, tanto para la víctima, el procesado y el órgano jurisdiccional. (shrink)

El presente artículo aborda un tema relevante dentro del sistema judicial ecuatoriano, esto es la distinción entre el concurso de infracciones y la conexidad conforme lo establecido en el Código Orgánico Integral Penal. Dichas figuras jurídicas tienen finalidades distintas, a saber, el concurso de infracciones determina las reglas para la aplicación de penas, mientras que la conexidad establece las reglas de competencia, debiendo considerar que la finalidad de la conexidad es otorgar operatividad al concurso delictual en sus distintas modalidades. No (...) obstante, en el análisis realizado se logró identificar deficiencias normativas, lo cual incluso fue comparado con el derecho español, siendo este último referente en los temas estudiados, toda vez que la norma penal española ha desarrollado de mejor manera estas instituciones jurídicas. En este contexto, luego del análisis que se realizó dentro del presente artículo, se pone a consideración las deficiencias normativas identificadas y la necesidad imperiosa de establecer reformas legislativas, toda vez que es necesario que el Derecho Procesal ecuatoriano desarrolle instituciones jurídicas que permitan mejorar el sistema judicial, ya que al establecer reglas procesales precisas, permitirá que exista una aplicación justa y equitativa del Derecho Penal, lo cual permitirá garantizar a la sociedad en general el derecho a la seguridad jurídica y fortalecer el Estado de Derecho y justicia. (shrink)

Good Simulation Practice implies that a computational model considered for a simulation task has also been developed according to good practice.

This translation of Enrique Dussel's “‘Ser-Hispano’: Un Mundo en el ‘Border’ de Muchos Mundos” offers an interpretation of hispanos (Latin Americans and U.S. latinos) as historically, culturally, and geographically located “in-between” many worlds that combine to constitute an identity on the intercultural “border.” To illustrate how hispanos have navigated and continue to navigate their complex history in order to create a polyphonic identity, the essay sketches five historical-cultural “worlds” that come together to form the hispanic “world.”.

This article investigates the characteristics of the phenomenon of fear in work relationships in contemporary society. In this sense, the first part describes the dynamics of current life, emphasizing the role of organizations, their bad reputation, and characterizing their operational center as a society of performance. The second part describes the phenomenon of fear, starting from some representative origins of the term, Martin Heidegger’s phenomenological perspective, and recent studies within the field of organizations. Finally, a survey conducted in the first (...) semester of 2023 with 160 workers from different sectors about their perception of fear in the organization is presented. The findings are interpreted in light of the studied perspectives connected with the ethical responsibility of institutions and the pursuit of comprehensive well-being in work relationships. (shrink)

ABSTRACT This article reconstructs Oskar Negt and Alexander Kluge’s critical theory by articulating some of the key concepts of History and Obstinacy, their second collaboration. The objective is to detail the grounds of their critical theory and to show how it acquires its normative character. To this aim, in a first step, I reconstruct the basis of the anthropology developed by Negt and Kluge. This anthropology allows them to argue that subjects-insofar as they are creative beings-possess ‘obstinacy’, which they (...) understand as an intrinsic and material power to resist oppression. Following this, I discuss the concept of ‘primitive accumulation’, which is used by Negt and Kluge to expose the relation between capitalism and obstinacy. Finally, I clarify the way Negt and Kluge appeal to the concept of ‘human nature’ in order to show how their theory derives its normative character. To do so, I rely on Christoph Menke’s work on ‘inner nature’. (shrink)

The need for a framework to justify that a model has sufficient credibility to be used as a basis for internal or external (typically regulatory) decision-making is a primary concern when using modelling and simulation (M&S) in healthcare. This chapter reviews published standards on verification, validation, and uncertainty quantification (VVUQ) as well as regulatory guidance that can be used to establish model credibility in this context, providing a potential starting point for a globally harmonised model credibility framework.

My essay begins by providing a broad vision of how William James’s psychology and philosophy were a two-pronged attempt to revive the self whose foundations had collapsed after the Civil War. Next, I explain how this revival was all too successful insofar as James inadvertently resurrected the imperial self, so that he was forced to adjust and develop his philosophy of religion in keeping with his anti-imperialism. James’s mature philosophy of religion therefore articulates a vision of the radically ethical saint (...) religiously bound to a decidedly pluralistic universe. I evaluate James’s philosophy of religion by comparing it to Enrique Dussel’s psychological portrait of the imperialist ego, Dussel’s attempt to religiously bind this ego, and the more radical philosophy that results. I suggest that Dussel’s philosophy of liberation: 1) better theorizes the religious contraction of the self as a necessary part of ethical and political life and 2) offers a more concrete and radically democratic philosophy. My overarching aim is to show how Dussel’s liberation philosophy can help critically develop James’s pragmatist claim that religion might provide a force for widely and positively transforming our ethical and political lives. (shrink)

This essay suggests that the U.S.-American Pragmatist tradition could be fruitfully reconstructed by way of a dialogue with Latin American Liberation Philosophy. More specifically, I work to establish a common ground for future comparative work by: 1) gathering and interpreting Enrique Dussel’s scattered comments on Pragmatism, 2) showing how the concept of liberation already functions in John Dewey’s Pragmatism, and 3) suggesting reasons for further developing this inter-American philosophical dialogue and debate.

In response to those calling for philosophical dialogue across the Americas, this paper considers the historical emergence of the concept of el pueblo (“the people”) as the subject and object of democracy. The first section makes a linguistic claim: the genuinely communal nature of “the people” clearly appears when considering el pueblo because it is unambiguously singular, grammatically speaking. The second section makes a historical claim: the microhistory of a largely indigenous pueblo in Mexico’s Yucatán enables us to begin unpacking (...) the complex concrete, historical, and genealogical dimensions of el pueblo. The brief concluding section suggests that historically contextualizing and concretizing el pueblo provides conceptual support for some of the premises that underwrite Latin American philosophies of liberation, including that of Enrique Dussel. -/- . (shrink)

This dissertation is about prejudice. In particular, it examines the theoretical and ethical questions raised by research on implicit social biases. Social biases are termed "implicit" when they are not reported, though they lie just beneath the surface of consciousness. Such biases are easy to adopt but very difficult to introspect and control. Despite this difficulty, I argue that we are personally responsible for our biases and obligated to overcome them if they can bring harm to ourselves or to others. (...) My dissertation addresses the terms of their removal. It is grounded in a comprehensive examination of empirical research and, as such, is a contribution to social psychology. Although implicit social biases significantly influence our judgment and action, they are not reducible to beliefs or desires. Rather, they constitute a class of their own. Understanding their particular character is vital to determining how to replace them with more preferable habits of mind. I argue for a model of interpersonal fluency, a kind of ethical expertise that requires transforming our underlying dispositions of thought, feeling, and action. (shrink)

Laws of nature take center stage in philosophy of science. Laws are usually believed to stand in a tight conceptual relation to many important key concepts such as causation, explanation, confirmation, determinism, counterfactuals etc. Traditionally, philosophers of science have focused on physical laws, which were taken to be at least true, universal statements that support counterfactual claims. But, although this claim about laws might be true with respect to physics, laws in the special sciences (such as biology, psychology, economics etc.) (...) appear to have—maybe not surprisingly—different features than the laws of physics. Special science laws—for instance, the economic law “Under the condition of perfect competition, an increase of demand of a commodity leads to an increase of price, given that the quantity of the supplied commodity remains constant” and, in biology, Mendel's Laws—are usually taken to “have exceptions”, to be “non-universal” or “to be ceteris paribus laws”. How and whether the laws of physics and the laws of the special sciences differ is one of the crucial questions motivating the debate on ceteris paribus laws. Another major, controversial question concerns the determination of the precise meaning of “ceteris paribus”. Philosophers have attempted to explicate the meaning of ceteris paribus clauses in different ways. The question of meaning is connected to the problem of empirical content, i.e., the question whether ceteris paribus laws have non-trivial and empirically testable content. Since many philosophers have argued that ceteris paribus laws lack empirically testable content, this problem constitutes a major challenge to a theory of ceteris paribus laws. (shrink)

Volume 20, Issue 6, June 2020, Page 30-32.

As the USA contends with another surge in COVID-19 cases, hospitals may soon need to answer the unresolved question of who lives and dies when ventilator demand exceeds supply. Although most triage policies in the USA have seemingly converged on the use of clinical need and benefit as primary criteria for prioritisation, significant differences exist between institutions in how to assign priority to patients with identical medical prognoses: the so-called ‘tie-breaker’ situations. In particular, one’s status as a frontline healthcare worker (...) (HCW) has been a proposed criterion for prioritisation in the event of a tie. This article outlines two major grounds for reconsidering HCW prioritisation. The first recognises trust as an indispensable element of clinical care and mistrust as a hindrance to any public health strategy against the virus, thus raising concerns about the outward appearance of favouritism. The second considers the ways in which proponents of HCW prioritisation deviate from the very ‘ethics frameworks’ that often preface triage policies and serve to guide resource allocation—a rhetorical strategy that may undermine the very ethical foundations on which triage policies stand. By appealing to trust and consistency, we re-examine existing arguments in favour of HCW prioritisation and provide a more tenable justification for adjudicating on tie-breaker events during crisis standards of care. (shrink)

Responsible innovation in artificial intelligence calls for public deliberation: well-informed “deep democratic” debate that involves actors from the public, private, and civil society sectors in joint efforts to critically address the goals and means of AI. Adopting such an approach constitutes a challenge, however, due to the opacity of AI and strong knowledge boundaries between experts and citizens. This undermines trust in AI and undercuts key conditions for deliberation. We approach this challenge as a problem of situating the knowledge of (...) actors from the AI industry within a deliberative system. We develop a new framework of responsibilities for AI innovation as well as a deliberative governance approach for enacting these responsibilities. In elucidating this approach, we show how actors from the AI industry can most effectively engage with experts and nonexperts in different social venues to facilitate well-informed judgments on opaque AI systems and thus effectuate their democratic governance. (shrink)

Darwin in Russian Thought represents the first comprehensive and systematic study of Charles Darwin's influence on Russian thought from the early 1860s to the October Revolution. While concentrating on the role of Darwin's theory in the development of Russian science and philosophy, Vucinich also explores the dominant ideological and sociological interpretations of evolutionary thought, providing a deft analysis of the views held by the leaders of Russian nihilism, populism, anarchism, and marxism. Darwin's thinking profoundly influenced intellectual discourse in Russia: it (...) effected the emergence of "theoretical theology," a modern effort to provide theological responses to the revolutionary changes in the natural sciences, contributed to the evolution of a modern scientific community, and spurred the rapidly growing concern with the epistemological and ethical foundations of science in general. Scholarly battles were waged among the critics of Darwin--Karl von Baer, Nikolai Iakovlevich Danilevskii and Sergei Ivanovich Korzhinskii, and others--and the defenders of the faith. Vucinich is able to delineate the distinctive national characteristics of Russian Darwinism: the strong influence of Lamarckian thought, the delayed recognition of the contributions of genetics, the near-universal rejection of Social Darwinism, the early anticipation of the triumph of "evolutionary synthesis," and the heavy concentration on the social and moral aspects of evolutionary thought. Vividly argued and rich in detail, Darwin in Russian Thought provides a unique glimpse into the Russian psyche. Darwin in Russian Thought represents the first comprehensive and systematic study of Charles Darwin's influence on Russian thought from the early 1860s to the October Revolution. While concentrating on the role of Darwin's theory in the development of Russian science and philosophy, Vucinich also explores the dominant ideological and sociological interpretations of evolutionary thought, providing a deft analysis of the views held by the leaders of Russian nihilism, populism, anarchism, and marxism. Darwin's thinking profoundly influenced intellectual discourse in Russia: it effected the emergence of "theoretical theology," a modern effort to provide theological responses to the revolutionary changes in the natural sciences, contributed to the evolution of a modern scientific community, and spurred the rapidly growing concern with the epistemological and ethical foundations of science in general. Scholarly battles were waged among the critics of Darwin--Karl von Baer, Nikolai Iakovlevich Danilevskii and Sergei Ivanovich Korzhinskii, and others--and the defenders of the faith. Vucinich is able to delineate the distinctive national characteristics of Russian Darwinism: the strong influence of Lamarckian thought, the delayed recognition of the contributions of genetics, the near-universal rejection of Social Darwinism, the early anticipation of the triumph of "evolutionary synthesis," and the heavy concentration on the social and moral aspects of evolutionary thought. Vividly argued and rich in detail, Darwin in Russian Thought provides a unique glimpse into the Russian psyche. (shrink)

Gleichzeitig reformuliert er die Erbsundenlehre der christlichen Tradition, wenn er den Menschen als radikal bose bezeichnet. Heit zeigt, dass Kant die Spannung zwischen Freiheit und Sunde nur durch religiosen Vollzug fur uberwindbar halt.

Para sugerir posibles soluciones a las desigualdades sociales, culturales y económicas, así como al alarmante deterioro del planeta, es necesario tener en cuenta que las causas que las provocan no son coyunturales. Según numerosos expertos, estamos ante una crisis estructural, energética, alimentaria, social, económica, medioambiental, política, institucional, cultural y de valores.

There is a growing body of literature on whether or not online hate speech, or cyberhate, might be special compared to offline hate speech. This article aims to both critique and augment that literature by emphasising a distinctive feature of the Internet and of cyberhate that, unlike other features, such as ease of access, size of audience, and anonymity, is often overlooked: namely, instantaneousness. This article also asks whether there is anything special about online (as compared to offline) hate speech (...) that might warrant governments and intergovernmental organisations contracting out, so to speak, the responsibility for tackling online hate speech to the very Internet companies which provide the websites and services that hate speakers utilise. (shrink)

Drawing on a range of literature, I introduce two new concepts for understanding and exploring distributed cognition: resilience engineering and degeneracy. By re-examining Ed Hutchins’ (1995) ethnographic study of the navigation team I show how a focus on the developmental acquisition of cognitive practices can draw out several crucial insights that have been overlooked. Firstly, that the way in which agents learn and acquire cognitive practices enables a form of resilience engineering: the process by which the system is able to (...) overcome and adapt to errors and the vagaries of nature. Secondly, that the best way to engineer a resilient system is through promoting degeneracy – how differing structures produce the same function – at the level of cognitive practices. These two features show that focusing on cognitive practices and developmental trajectories is important for both greater explanatory leverage; and is also useful in regard to the practicalities of designing real-world cognitive systems. (shrink)

Crispin Wright is widely recognised as one of the most important and influential analytic philosophers of the twentieth and twenty-first centuries. This volume is a collective exploration of the major themes of his work in philosophy of language, philosophical logic, and philosophy of mathematics. It comprises specially written chapters by a group of internationally renowned thinkers, as well as four substantial responses from Wright. In these thematically organized replies, Wright summarizes his life's work and responds to the contributory essays collected (...) in this book. In bringing together such scholarship, the present volume testifies to both the enormous interest in Wright's thought and the continued relevance of Wright's seminal contributions in analytic philosophy for present-day debates. (shrink)

We develop the theory of generically stable types, independence relation based on nonforking and stable weight in the context of dependent theories.

An account, based principally on Ferguson's Essay on the History of Civil Society, of his concept of enlightened governance, and of the relation between that concept and his concept of human nature.

У статті розглянуто результати археологічного дослідження трипільського храмового комплексу – Небелівського храму. Автор виокремлює особливу знахідку, а саме – залишки керамічного диска з групою фішок до нього. Ця знахідка в науковому світі дістала назву Небелівський Диск. Відзначено, що засадничим явищем інтер’єрного простору Небелівського Храму стала умовна яма (заглиблення) у самому центрі ритуального залу. Вона є центральною храмовою точкою, яка надає ключ до інтерпретації головного храмового символу, котрий ймовірно був рослинного походження. У статті проводяться паралелі між головним ритуальним залом Трипільського Храму (...) та особливою ритуальною спорудою ведичної релігії «prâcînavamsa» («прачинаванса»), в якій проводився найголовніший ритуал ведичної релігії «ашвамедха». Це засвідчує значну подібність двох сакральних споруд, а найголовніше – це подібність заглиблень у центрі священного простору, яке позначалося «Світовим Деревом» (за В. Топоровим). Автор доводить, що особливості інтер’єрного наповнення Небелівського Храму висвітлюють уявлення давніх людей про структуру священного Космосу, про місце людей у ньому та символи, які пов’язують сакральне суспільство з космологічними уявленнями. Особливість даного дослідження полягає в тому, що внутрішнє храмове наповнення є, по суті, матеріалізованим духовним світом давніх землеробів, який транслює їхню релігійну космологію. (shrink)

It is an old idea, lately out of fashion but now experiencing a revival, that quantum mechanics may best be understood, not as a physical theory with a problematic probabilistic interpretation, but as something closer to a probability calculus per se. However, from this angle, the rather special C *-algebraic apparatus of quantum probability theory stands in need of further motivation. One would like to find additional principles, having clear physical and/or probabilistic content, on the basis of which this apparatus (...) can be reconstructed. In this paper, I explore one route to such a derivation of finite-dimensional quantum mechanics, by means of a set of strong, but probabilistically intelligible, axioms. Stated very informally, these require that systems appear completely classical as restricted to a single measurement, that different measurements, and likewise different pure states, be equivalent (up to the action of a compact group of symmetries), and that every state be the marginal of a bipartite non-signaling state perfectly correlating two measurements. This much yields a mathematical representation of (basic, discrete) measurements as orthonormal subsets of, and states, by vectors in, an ordered real Hilbert space – in the quantum case, the space of Hermitian operators, with its usual tracial inner product. One final postulate (a simple minimization principle, still in need of a clear interpretation) forces the positive cone of this space to be homogeneous and self-dual and hence, to be the state space of a formally real Jordan algebra. From here, the route to the standard framework of finite-dimensional quantum mechanics is quite short. (shrink)

Changes in healthcare financing increasingly rely upon patient cost-sharing to control escalating healthcare expenditures. These changes raise new challenges for physicians that are different from those that arose either under managed care or traditional indemnity insurance. Historically, there have been two distinct bases for arguing that physicians should not consider costs in their clinical decisions—an “aspirational ethic” that exhorts physicians to treat all patients the same regardless of their ability to pay, and an “agency ethic” that calls on physicians to (...) be trustworthy advisors to their patients. In the setting of greater patient cost-sharing, physicians' aspiration and agency roles increasingly conflict. Satisfactorily navigating the new terrain of consumer-driven healthcare requires physicians to consider these two roles and how they can best be reconciled so as to maximize quality of care while respecting the heterogeneity of patients' financial resources and willingness to pay. (shrink)

This paper argues that if creatures are to have significant free will, then God's essential omni-benevolence and essential omnipotence cannot logically preclude Him from creating a world containing a moral evil. The paper maintains that this traditional conclusion does not need to rest on reliance on subjunctive conditionals of free will. It can be grounded in several independent ways based on premises that many will accept.

The subtraction argument aims to show that there is an empty world, in the sense of a possible world with no concrete objects. The argument has been endorsed by several philosophers. I show that there are currently two versions of the argument around, and that only one of them is valid. I then sketch the main problem for the valid version of the argument.

ObjectiveIn this study we used functional magnetic resonance imaging to investigate whether motor imagery of handwriting and circle drawing activates a similar handwriting network as writing and drawing itself.MethodsEighteen healthy right-handed participants wrote the German word “Wellen” and drew continuously circles in a sitting and lying position to capture kinematic handwriting parameters such as velocity, pressure and regularity of hand movements. Afterward, they performed the same tasks during fMRI in a MI and an executed condition.ResultsThe kinematic analysis revealed a general (...) correlation of handwriting parameters during sitting and lying except of pen pressure during drawing. Writing compared to imagined writing was accompanied by an increased activity of the ipsilateral cerebellum and the contralateral sensorimotor cortex. Executed compared to imagined drawing revealed elevated activity of a fronto–parieto-temporal network. By contrasting writing and drawing directly, executed writing induced an enhanced activation of the left somatosensory and premotor area. The comparison of the MI of these tasks revealed a higher involvement of occipital activation during imagined writing.ConclusionThe kinematic results pointed to a high comparability of writing in a vertical and horizontal position. Overall, we observed highly overlapping cortical activity except of a higher involvement of motor control areas during motor execution. The sparse difference between writing and drawing can be explained by highly automatized writing in healthy individuals. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Notes and Discussions HEDONISM IN THE PROTAGORAS SOME INSOLUBLEPROBLEMSOf historical scholarship are posed by the fact that the hero of Plato's dialogues was also an historical figure. Commentators are prone to identify the Socrates of the dialogues with the man who drank the hemlock and walked the streets of Athens. This is perhaps unexceptionable 9 But beyond this they are often tempted (even when they know better) to speak (...) of the dialogues as if they were reports or descriptions of actual events in the life of the historical Socrates. Even so astute a scholar as Gregory Vlastos, in his recent lucid Introduction to the Protagoras, falls into this pit. The dramatic date of the Protagoras is no later than 433, five years before the birth of Plato. It would require clear and strong evidence (of which there is none) to convince us that a verbatim report of this encounter was preserved for thirty years or more, to be handed on to Plato at the appropriate moment. Vlastos, of course, would laugh at this suggestion, but hear him talking about the logic of Socrates' argument: I trust I have made it clear that Socrates' performance in this argument is much better than would appear from the fact, which it would be folly to hush up, that he has made a definite error. For the error he does make is one that he could easily have detected when he got the chance to think out his moves in a more leisurely moment. He would then have seen that he could have produced a valid deductive argument for his immediate objective, and did not have to revoke a single inference he had made.... This is not to deny that he occasionally makes grave errors. 9 It is only to insist that as a practitioner of logical inference, and one who practices on his feet, in the stress of live debate, and with no calculus or any formal patterns of valid inference to guide him, Socrates is not a bungler, but a master? This is all very well, except that the argument Vlastos is discussing was not constructed in the stress of live debate but rather, as it were, in the cool of Plato's study. Plato was not practicing on his feet, and, we may presume, had ample time to think through and revise the arguments in question. Are we to interpret Vlastos as claiming that in later, real encounters witnessed by Plato, Socrates did argue in this way? And that Plato here has Socrates commit logical errors (which he, Plato, knows are errors; for he has Protagoras object to them) in order to portray Socrates as a man who makes frequent mistakes but thinks pretty well on his feet? 1Plato's Protagoras, edited, with an Introduction, by Gregory Vlastos (New York, Liberal Arts Press, 1956), pp. xxxv-xxxvi. [7s] 74 HISTORY OF PHILOSOPHY In fact, we tend to think of the dialogues as having two authors, Plato and Socrates, and we frequently cannot choose between them. In the Protagoras it is even worse; for many scholars have assumed the existence of a third author, Protagoras, who is credited with having written at least part of his role in the dialogue. I offer here the radical thesis that the Protagoras has but one author, Plato, and that everything in the dialogue is to be laid to him.2 My assumptions are that from beginning to end the Protagoras is a product of Plato's imagination, and that Plato is primarily a philosopher and only secondarily a biographer--or perhaps we might say he is a biographer of ideas, not of persons. The philosophical stances assumed by the disputants may or may not resemble those of the historical figures, but we have no reason to attribute the words spoken or the turns taken in the argument to anyone but Plato. The question, why does Socrates say this at this point, must, if it is to be sensible, mean why does Plato have Socrates say this at this point. The answers, if there are answers, will be found within the dialogues and not in speculative history. In the final argument in the Protagoras (351b... (shrink)