Biobank-based research in Mexico is mostly governed by research and data protection laws. There is no direct mention of biobanks in either statutory or regulatory law besides a requirement that the Federal Ministry of Health and a Mexican institution devoted to scientific research approve the transfer of biological materials outside of Mexico for population genetics research purposes. Such requirements are the basis of Genomic Sovereignty in Mexico, but such requirements have not prevented international collaboration. In addition, Mexican law (...) singles out genetic research in informed consent provisions, but it does not specify whether all biobank-based research is genetic research. In order to facilitate international collaboration on biobank-based research, Mexico should directly address biobanking in its laws, building on the research framework and data protection framework already in place. (shrink)

My aim in this comment is to provide reasons that highlight the importance of the Spanish translation of Brian Bix’s book: “Jurisprudence, Theory and Context”. My comment stems from the sociology of knowledge and takes as a point of departure an empirical study about the state of the art of legal philosophy in Mexican Law Schools. My conclusion is that Brian Bix’s work shows how Mexican legal philosophy might be incorporated into current jurisprudential debate.Resumen: El objetivo de este (...) comentario es proporcionar algunas razones a favor de la importancia de la publicación de la traducción al español del libro de Brian Bix “Jurisprudence, Theory and Context” para la actualización de la filosofía del derecho en México. Mi comentario es realizado desde la perspectiva de la sociología del conocimiento y tiene como punto de partida un estudio empírico sobre el estado del arte de la filosofía del derecho en las facultades de derecho del país. Mi conclusión es que el trabajo de Brian Bix responde la pregunta fundamental: ¿cómo incorporar a la filosofía del derecho mexicana al contexto global?, que estudiantes, profesores y jóvenes investigadores se plantean actualmente. (shrink)

In Latin America there are two models of constitutions - the liberal and the most stable Constitution of the Argentine Nation, drafted in 1853, (which was discussed in our previous article) and one of the most radical, comprehensive and unstable – the Constitution of the United Mexican States of 1917. Although both of them were constructed under the model of the US constitution with the influence of Spanish and French constitutionalism and local national traditions, the Argentine constitutionalism has developed (...) on the grounds of the American legal system, as the Mexican one still could not break with the civil law tradition. (shrink)

The criminalization of femicide in Mexico has been introduced as a tool to address the violence, discrimination, and oppression against women. The criminalization strategy has a symbolic function: going beyond deterring the crime to be used as tool for education. In that sense, the criminalization of femicide emerges as an educational tool used to introduce new principles and societal values, highlighting the reality of discrimination and subordination against women, thereby transforming an individual conduct into a watershed issue worthy of collective (...) condemnation. At the same time, official data reveals that over the past two decades, the rate of murders of women involving firearms has increased by 375%. This highlights the necessity for a comprehensive criminalization strategy that acknowledges the widespread criminal use of firearms as a significant factor in gender-related killings of women. Therefore, to raise awareness (as the femicide laws intend), every policy emanating from the State, or its affiliate institutions must incorporate a gender perspective. This includes specific programs targeting armed gender-based violence, considering the entire weapons cycle, including gun production, their use, and transfer processes. Moreover, this gender-sensitive approach must also acknowledge that the possession of small arms is linked to violent masculinities and that women, beyond being victims, might also play roles as perpetrators of armed violence. The symbolic purpose of femicide laws should then become a platform for developing further appropriate effective policies and strategies to reduce gender-based violence, with special consideration of gendered armed violence. This article will analyze the possibility for extending the symbolic purpose of femicide law to produce a gendered small arms control strategy in Mexico. Considering the educational alternative that the femicide law provides, the following paper will evaluate the criteria needed to develop a comprehensive and intersectional program for gun control in Mexico. (shrink)

In March 2021, the Mexican Constitution was amended to transition to a system of precedents. This amendment mandates that the “reasons” of Supreme Court rulings will be binding on the lower courts. However, the reform is rooted in a long-standing practice of ‘Tesis’, i.e., abstract statements that the Court itself identifies when deciding a case. Moreover, there is no consensus as to what these reasons are and why they should be binding. The aim of this article is to identify (...) the possible conceptions of reasons to explore the Court’s different judge-made law roles. Different common law conceptions of the ratio decidendi are used as “mirrors” to identify four models of judicial lawmaking in Mexican practice, namely: judicial legislation, implicit rules, moral-political justifications and social categories. Although the first model seems to prevail, the others provide means for a broader understanding of how the Court creates law depending on the interpretative context in which it operates. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.1 (2001) 81-98 [Access article in PDF] Leonor de Cáceres and the Mexican Inquisition Margaret Mott Introduction: The Family and the Times The Carvajál family, well-known to historians of colonial Mexico, achieved its enduring status largely through the records of the Mexican Holy Office. 1 The governor, Luis de Carvajál, after becoming embroiled in a boundary dispute with the Viceroy of (...) New Spain, was denounced as a Judaizer in 1589. He was eventually cleared of the crime of Judaizing, of performing Jewish rituals while pretending to be Catholic, but was sent to prison for one year for having concealed his Judaizing relatives from the authorities. He died while serving out his prison sentence. Many of the rest of his family, whom he brought over from Spain as part of the privileges of his office, were condemned as judaizantes pertinaz, persistent Judaizers. In the auto de fe of 8 December 1596 the governor's sister Francisca Núñez de Carvajál and four of her adult children were, in the language of the Holy Office, "relaxed to the secular arm for burning." Francisca's daughter, Mariana, was spared the stake in 1596 because she was deemed to have lost her senses. Once she regained them, she, too, was condemned as a persistent Judaizer and died in the auto de fe of 25 March 1601.From all accounts the Carvajál family was used by the Holy Office as a warning to the crypto-Jewish community of New Spain. Even Stephen Greenleaf, known for his balanced accounts on the Mexican Inquisition, 2 describes the persecution [End Page 81] of the Carvajáls as a "Counter Reformation tact," concluding that "the Holy Office wanted to use the Carvajáls as an example to the Jewish community of Mexico." 3 Yet more was at issue here than just a display of the naked power. The questions the inquisitors posed and the rhetoric they used suggest something beyond flexing a coercive muscle in front of the crypto-Jewish population of colonial Mexico.Not all members of the Carvajál family perished in the flames of so-called Counter Reformation intolerance. One of Francisca's sons, a Dominican monk, was able to maintain his commitment to his order even after being convicted of concealing his heretic relatives from the authorities. A son-in-law, Antonio Diaz de Cáceres, was reconciled after paying what biographer Martin A. Cohen considered an "unusually light" penalty, a public abjure de vehementia and a fine of a thousand Castilian ducats. Cohen explains this unusual pardon in terms of political intrigue. "Because he was a man of esteem and had served the king on several occasions," wrote Cohen, Antonio was spared the lash. 4 Yet political favors were not the only consideration. Francisca's granddaughter (and Antonio's daughter) Leonor de Cáceres, who was nine at the time of the first auto de fe, was reconciled along with her father in the auto de fe of 1601. Although she was fourteen at the time of her trial, much of the evidence concerns events that took place in her childhood, before the age of reason. Rather than a "Counter Reformation tact," her trial reflects some of the Catholic reforms of the sixteenth century, a time in Spanish political and social thought when natural law arguments for education and evangelization were on the ascendant.The term Counter Reformation implies an entrenched position against any efforts of reform. "Counter Reformation," writes historian John O'Malley, "expressed the quintessence of Catholicism, which was reaction and repression." 5 Counter Reformation underscores intolerance and obscures the radical reforms of the times (for which reason O'Malley offers the more neutral term, Early Modern Catholicism). In actuality sixteenth-century Catholicism was a time of both unification and universality, of shoring up the papacy and experimenting with evangelical techniques. Balanced against the heightened authority of the Vatican were the educational experiments of the Jesuits. 6 Alongside the racist arguments in support of the encomendero system was a very... (shrink)

ABSTRACTSince 2007, when Mexico City decriminalized abortion during the first trimester, a debate has been taking place regarding abortion and the right to conscientious objection. Many people argue that, since the provision of abortions is now a statutory duty of healthcare personnel there can be no place for “conscientious objection.” Others claim that, even if such an objection were to be allowed, it should not be seen as a right, since talk about a right to CO may lead to a (...) slippery slope where we may end up recognizing a right to disobey the law. In this paper, I argue that there is a right to CO and that this may be justified through the notions of autonomy and integrity, which a liberal democracy should respect. However, it cannot be an absolute right, and in the case of abortion, it conflicts with women’s reproductive rights. Therefore, CO should be carefully regulated so that it does not obstruct the exercise o... (shrink)

Nativism is a forgotten ideology which nevertheless operates in the current era as illustrated by the resurgence of anti-immigrant sentiment and restrictionistic policies in response to growing Latino/a immigration. This response to Latino/a immigration recalls a historic era from the early 1900s known as the Americanization period which was also characterized by a strong nativist agenda and harsh restrictionistic policies. Developments from the Americanization period continue to influence immigration and education policies in the current era and are visible in the (...) attacks against bilingual education, in mandated English-only laws, in locating struggles over national identity in the schools, and in the narrow focus on the acquisition of English in immigrant education. Identifying nativist themes from the Americanization era that have been reinvigorated in today's anti-immigrant climate makes visible a type of discrimination directed at immigrants that is not often recognized as discrimination due to a Black and White view of prejudice termed racial dualism. In addition to identifying the influence of the nativist legacy of the Americanization period in the current era, the implications of the conflict of legacies between the Civil Rights and Americanization eras for the education of immigrant students are discussed. (shrink)

The absence of a universally recognized definition of national minority is perceived as problematic by legal scholars on the international level as well as in domestic jurisdictions [Kymlicka, Will. 2015. Solidarity in diverse societies: Beyond neoliberal multiculturalism and welfare chauvinism. _Comparative Migration Studies_. https://doi.org/10.1186/s40878-015-0017-4, Ringelheim, Julie. 2010. Minority Rights in a Time of Multiculturalism-The Evolving Scope of the Framework Convention on the Protection of National Minorities. _Human rights law review_. https://doi.org/10.1093/hrlr/ngp038, Velázquez, Elisa Ortega. 2017. Minority rights for immigrants: From Multiculturalism (...) to Civic Participation. _Mexican Law Review_, no. 1., Dimitras, Panayote Elias. 2004. _Recognition of minorities in Europe: Protecting rights and dignity_. London: Minority Rights Group International]. National minority under Czech law is defined by the Act on National Minorities, and the definition combines the objective and subjective criteria of Capotorti’s [Capotorti, Francesco. 1977. _Study on the Rights of Persons belonging to Ethnic, Religious and Linguistic Minorities_, UN Document E/CN.4/Sub.2/384/Add.1–7. p. 96] and Deschênes’ [Deschênes, Jules. 1985. _Proposal Concerning a Definition of the Term Minority_. UN Document E/CN.4/Sub.2/1985/31. paragraph 181] definitions. However, the Czech Minority Act makes a distinction between ‘minorities that have traditionally and for a long time resided in the territory of the Czech Republic’ (§§ 8–12) and other minority groups, while there is no explicit criterion for differentiating among these groups objectively. Such absence of clearcut criteria is often relevant when certain minority groups claim unfavourable treatment due to the authorities’ perception of such national groups as being ‘immigrant’ as opposed to ‘autochthonous’. Additionally, recent case-law has shown that the most ‘traditional’ groups residing in the Czech territory, such as Moravians or Silesians, can equally lack state support, while it is typically argued by Courts that such groups lack ‘distinct features’, be it ethnic, linguistic and cultural, from the majority population and thus do not fall under the legal definition of national minorities (Verdict of the Supreme Administrative Court of the Czech Republic, Ref No 7 As 324/2020-42, of 17 August 2021; Verdict of the Regional Court in Brno, Ref No 62 A 35/2020 − 186, of 8 October 2020). This paper combines doctrinal legal analysis with a socio-legal approach. The language of legislative acts and court verdicts is assessed with the methodology of critical discourse analysis, specifically the discourse-historical approach [Reisigl, Martin, and Ruth Wodak. 2015. The Discourse-Historical Approach (DHA). In _Methods of Critical Discourse Studies_, 3rd edition, eds. Ruth Wodak and Michael Meyer, 23–61. London: Sage]. I focus on nomination, predication and argumentation strategies [Wodak, Ruth. 2009. The semiotics of racism: A critical discourse-historical analysis. In _Discourse, of Course: An overview of Research in Discourse studies_, ed. Jan Renkema. 311–326. Amsterdam: John Benjamins Publishing Company] used by the judges in court verdicts and on the role of perceived ‘tradition’ of certain groups’ residence in the territory of the Czech Republic on their access to state support or, on the contrary, their marginalization. It is concluded that the current state of the Czech law does not allow for the spatial dynamics of minority groups, which are mostly apprehended as fixed categories based on the 19th century idea of nation states and on the 1920s perception of the Czechoslovak nation after the breakdown of the Austro-Hungarian empire. Such approach does not allow for accommodating the rights for more up-to-date categories or for critical revisiting of the catalogue of minority groups as it was defined in the early 20th century. (shrink)

Third-party certification, the most common organic certification system, has faced growing criticism in recent years. This has led to the development of alternative certification systems, most of which can be classed as Participatory Guarantee Systems. PGS have been promoted as a more suitable, cheaper and less bureaucratic alternative to TPC for local markets and are associated with additional benefits such as empowering smallholder farmers, facilitating farmer-to-farmer learning and enhancing food security and sovereignty. PGS have spread rapidly in the past few (...) years, but studies suggest that they are facing numerous challenges that, if not addressed, may jeopardise these benefits. Using the example of three Mexican PGS initiatives, this paper explores the main challenges faced by PGS, specifically those predominantly found in producer-run PGS initiatives. Based on producer and consumer surveys, semi-structured and informal interviews, and participant and non-participant observation, the key challenges that emerged were continuous implementation of the certification process, time constraints, personal conflicts and conflict avoidance. The paper further argues that the requirements for PGS recognition under the Mexican Law for Organic Products may also threaten the continued existence of PGS and suggests that mechanisms for managing conflicts, incentivising PGS participation and mitigating opportunity costs are key if PGS are to continue to develop. (shrink)

During the 17th century a new approach to reality originated in Europe: the Enlightenment, which elaborated its own theories about society, law and government, finally emerging in the late 18th and early 19th centuries into what is known today as the Bourgeois Liberal Revolution. This essay will assess the impact the Enlightenment had in 18th century Mexican intellectual circles, and how influential it was to the Mexican War of Independence, as well as to the incipient Mexican constitutionalism (...) between the years 1810 and 1824.Resumen:Desde el siglo XVII comenzó a gestarse en Europa una nueva forma de pensar la realidad: la Ilustración, la cual formuló sus propias teorías sobre la sociedad, el derecho y el gobierno, mismas que van a cuajar a finales del XVIII y principios del XIX, en lo que conocemos como Revolución Liberal Burguesa. En este trabajo se analiza el impacto de dicha Ilustración en el México colonial en el medio intelectual del siglo XVIII y su influencia en la Guerra de Independencia y en el incipiente constitucionalismo de nuestro país entre 1810 y 1824. (shrink)

It is commonly assumed that the pre-codified, customary law of war had little true influence on the decisions or behavior of combatants in the western world. Evaluating this assumption concerning the custom (or norm) of the giving of quarter to enemy combatants in the Texas War of Independence of 1835--1836, this paper finds a strong and widely accepted norm on this subject already by the early 19th century, which exerted significant influence on the behavior in and the results and consequences (...) of the war. The following of this custom of war by the Texian Army, on the one hand, and its intentional and preplanned breaking by the Mexican army headed by Santa Anna for the supposed military and psychological benefits that would accrue from it, on the other, such as in the cases of the Alamo and Goliad, led to severe internal and external consequences for the Mexican side in the short and long term that greatly contributed to their failure to achieve their objectives and to the Texian success in achieving theirs. These consequences indicate the importance of the norms of warfare, even in the pre-codification era, and the major potential costs involved in their breaking or disregard by decision makers. (shrink)

In the late 1990s, Mexican feminists mobilized transnationally to demand state accountability for the feminicidios of women in Ciudad Juarez. Feminicidio refers to the misogynous killing of women and the state’s complicity in this violence by tolerating it with impunity. Drawing on debates of the Mexican Federal Congress and interviews with feminist state and non-state actors, I examine feminist legislators’ response to transnational activism, which was to pass the “General Law on Women’s Access to a Life Free of (...) Violence” and to create the penal-type code of feminicidio, which includes provisions to punish negligent state actors. These laws make the state a target of its own punitive power. To pass these acts, feminist legislators faced resistance from male legislators and the Federal Executive. I build on feminist institutionalism to theorize this resistance as gendered. Gendered state resistance was pervasive because feminist legislators practiced accountability by identifying the complicity of state institutions, including Congress, in perpetuating feminicidio. As part of the process, they built alliances with other female legislators and framed their arguments with notions of modern statehood. Although this framing strategy resulted in innovative legal change, I interrogate the assumption that modernity is the solution to feminicidio, because it can lead gendered state resistance to manifest as a simulation of accountability. (shrink)

On the eve of Mexican independence one of the intellectual leaders of the movement, Dr. Servando Teresa José de Mier, whom the “new despotism” had incarcerated in the prison of San Juan de Ulúa, reflected on the Idea of the Constitution Conferred upon America by the Kings of Spain before the Invasion of the Old Despotism. He evoked with fervor the epoch—at the height of the reign of Charles V—when Fray Bartolome de Las Casas introduced the new laws protecting (...) the Indians in the Council of the Indies (1542-1543), when he imposed upon the conquest the ideal of pacific evangelization formulated in his De unico vocationis modo, and in a memorable controversy finally triumphed over the “notorious Sepúlveda, advocate of war and slavery” (1550). “It was,” Mier maintained, “the most significant epoch of American history, for it marked the termination of America's major misfortunes and laid the foundation of her fundamental laws or true constitution.”. (shrink)

In this work, we examine the debate over thecommodification of agricultural germplasm in Mexico using aneo-Marxist theoretical framework. Specifically, we examine Mexico's movement away from a ``Farmers' Rights'' framework, whichtreats germplasm as a ``common good'' towards the passage of theMexican Federal Law on Plant Varieties, which sees germplasm as acommodity. In order to understand this legal change, the recenthistory of this discourse in Mexico is examined. Usingtheoretical insights based in an analysis of this discourse, weexamine the ideological elements of this (...) debate. It is arguedthat an international hegemonic bloc has arisen to address thisissue, superceding the bounds of any single state entity andfunctioning through the international bodies of free trade.Taking the Mexican state to be relatively autonomous fromcapital, we argue that the hegemonic bloc influenced the changein Mexican policy. We conclude with a discussion of the possibleeffects of this legal change in Mexico. (shrink)

This article draws on Gloria Anzaldúa's philosophy to analyze Latina/o cultural forms as responses to the lawful violence that renders migrants and other minoritarian peoples as disposable subjects. The article turns to Latina/o playwrights and undocumented poets whose art forms, produced under the deportation regime, express a desire for freedom from terrorizing governance. Focusing on Lydia, a play by Mexican American playwright Octavio Solis, and poetry by an undocumented artist, Yosimar Reyes, it links these representations of “illegal” migrants to (...) understand how minoritarian aesthetic practices respond to racial terror and lawful violence. It argues that if we are to map the present beyond terrorizing forms of law, we must center our philosophical thought on “illegal” imaginaries of freedom, not on the cultural forms sanctioned by legality—the latter risk reproducing the logic of state-sponsored violence, whereas the former enact freedom as a practice of everyday life. (shrink)

Abstract:This essay reviews the 2013 Human Life International (HLI) propaganda video, Central America and Mexico: Fighting for Life, Faith, and Family, which, we argue, illustrates the well-orchestrated counteroffensive against reproductive and sexual rights movements occurring in the region. First we summarize the film's key themes, including the assertion that Catholicism is fundamental to Mexican and Central American identities and that the international “pro-abortion movement” is waging war against Catholics. Second, we note the development of a new strategic alliance between (...) Catholics and evangelicals that relies on lay religious activists working in the fields of medicine, bioethics, law, and government. Third, we show how the video appeals to HLI donors by asking them to support crisis pregnancy centres, homes for unwed mothers, adoption programs, and “natural” fertility assistance. We argue that the film conspicuously ignores the consequences of abortion bans already in place in Nicaragua, El Salvador, and Honduras, and does not consider that what it terms “international pressures” also includes treaty obligations with the United Nations and Organization of American States. This essay offers insights into the strategies used by opponents of reproductive and sexual rights movements in Mexico and Central America. (shrink)

This work analyzes and characterizes the spread of the COVID-19 disease in Mexico, using complex networks and optimization approaches. Specifically, we present two methodologies based on the principle of the rupture for the GC and Newton's law of motion to quantify the robustness and identify the Mexican municipalities whose population causes a fast spread of the SARS-CoV-2 virus. Specifically, the first methodology is based on several characteristics of the original version of the Vertex Separator Problem, and the second is (...) based on a new mathematical model. By solving VSP, we can find nodes that cause the rupture of the giant component. On the other hand, solving the NLM can find more influential nodes for the entire system’s development. Specifically, we present an analysis using a coupled social network model with information about the main characteristics of the contagion and deaths caused by COVID-19 in Mexico for 19 months. This work aims to show through the approach of complex networks how the spread of the disease behaves, and, thus, researchers from other areas can delve into the characteristics that cause this behavior. (shrink)

ABSTRACT In Mexico informed consent is a legal requirement that ensures that patients who are invited to participate in clinical trials are provided with all the information needed to decide whether to participate, or not, in a research protocol. To improve our understanding of the problems physicians in developing countries encounter, when obtaining informed consent (IC), we examined their opinion on the importance of IC in clinical research, the quantity and quality of the information provided to the participant, and the (...) conditions in which the IC is obtained. Investigators considered that IC was useful to the patients, providing information that helped the patient to make a decision about his/her participation. Nevertheless, they felt that for some aspects of the research, like drug development in general, the use of placebos, and the randomization process, many of the patients were not capable of fully understanding the information provided, referring to the complexity of the information and illiteracy as the main reasons. Many investigators were not acquainted with some of the guidelines established in the Mexican General Law of Health,1 36% of them admitting to not having completed their IC letters. Most investigators gave only minutes to the patient to make a decision and 20% of ICs were obtained while the patient was hospitalized. Except for one investigator, all of them considered that specific training in medical ethics would be useful for the daily clinical work. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Graffiti and Colonial Unknowing:A Comment on Mishuana Goeman's "Caring for Landscapes of Justice in Perilous Settler Environments"Anna Cookin "caring for landscapes of justice in Perilous Settler Environments," Dr. Goeman shows how the NDN Collective's initiatives, Chemehuevi photographer Cara Romero's Tongvaland project, and the works of Gabrieliño Tongva artist Mercedes Dorame "exemplify communities of care" that work toward "the unmapping of settler terrains" ("Caring for Landscapes" 51). Her address highlights (...) how these cartographic art productions are processes of (re)mapping that challenge colonial spatialities. Drawing on Michi Saagig Nishnaabeg scholar Leanne Betasamosake Simpson's poem "i am graffiti," Goeman frames these art works as Indigenous graffiti, insofar as they are everyday acts of resurgence1 that resist erasure and enact rematriation.My comments aim to articulate how Romero's and Dorame's works both reveal and disrupt a colonial unknowing by showing the cracks of settler colonial spatiality. I take Goeman's address to illustrate that the changing of minds and unsettling of settler identity will not occur through argumentation, facts, and figures alone, but rather through aesthetic and cartographic practices that "provide a way of seeing Indigenous futurities and relationalities" ("Caring for Landscapes" 52).Maps as Tools of Settler ColonialismIn order to highlight how these art practices enact a kind of (re)mapping that breaks through the veneer of colonial permanence, we first need to consider the way mapping transforms land into property in the service of Indigenous erasure and land dispossession. In her address, Goeman offers a short history of what is now called Los Angeles through the lens of dispossession that occurs through "international claiming of property and burgeoning US property law" ("Caring for Landscapes" 53). Tovaangar was divided into Spanish (and [End Page 64] then Mexican) land grants that, after 1846, were "registered under the US as property" (Goeman, "Caring for Landscapes" 53; emphasis added). The Land Act of 1851 "established the domestication of the California landscape under US governance" by legitimating existing Mexican land rights and mapping out territory yet "unclaimed" ("Caring for Landscapes" 54). The mapping of this so-called "unclaimed" territory propelled a violent erasure of California Indians by "establishing new and ongoing commerce centers" ("Caring for Landscapes" 53). Land was transferred into property—as a thing owned—without "the consent of those who … lived on the land since time immemorial, following the settler structure of passing land between Christian nations" ("Caring for Landscapes" 53). By showing how property rights legitimate conquest and violence, Goeman illustrates how mapping has been (and continues to be) an "essential settler-colonial tool to domesticate land in Southern California and propel development" ("Caring for Landscapes" 54). While she demonstrates how the mapping of Tovaangar using 493 hand-drawn Diseños maps served to sever Indigenous communities (and their relationships with land, such as the Gabrieliño Tongva with the San Gabriel Mountains), she emphasizes that this is an ongoing process that has not been left in a distant past. Newer maps that may seem more objective and scientific with "better models of scale or a more realist representation" remain, at their core, maps of dispossession ("Caring for Landscapes" 54).The very desire to objectively determine location by assigning latitude and longitude reveals a colonial spatiality, which "territorialize[s] the physical landscape by manufacturing categories and separating land from people" and conceives of space in terms of property logics (Goeman, "[Re]Mapping Indigenous Presence" 296). In addition to Indigenous land dispossession, this colonial spatiality rejects relationality by creating dualist boundaries between human and non-human, in which land is the raw material for human development and the creation of culture. Cherokee philosopher Brian Burkhart speaks of relationality in terms of locality, which he defines as "being-fromthe-land, knowing-from-the-land, and meaning-from-the-land" (Indigenizing Philosophy xvii). The severing of locality can be understood in terms of the transformation of land as relative to inert matter to be acted upon. Mapping serves as a tool of settler colonial erasure insofar as it delocalizes "land as the relational ground of kinship" into "land as a mere object that only has meaning or value in relation to people" ("Indigenizing Philosophy... (shrink)

The purpose of this study is to determine empirically the state of the art of the medical care, when healthcare personal is confronted with ethical dilemmas related with the care they give to the geriatric population. An observational, longitudinal, prospective and qualitative study was conducted by analyzing the correlation between healthcare personnel–patient relationship, and ethical judgments regarding dilemmas that arise in daily clinical practice with geriatric patients. Mexican healthcare personnel with current active practices were asked to write up an (...) ethical dilemma that arose frequently or that had impacted their medical practice. From the narrative input, we were able to draw up a database with 421 dilemmas, and those corresponding to patients 60 years and older were selected (n = 54, 12.8 %). The axiological analysis of the narrative dilemmas of geriatric patients was made using dialectical empiricism. The axiological analysis values found most frequently were classified into three groups: the impact of healthcare, the roles of the physician, and refusal of therapy; the healthcare role of educator, caring for the patients’ life and the risk of imminent death where the values found more often. The persistence and universality of certain dilemmas in geriatrics calls for awareness and requires a good training in the ethical discernment of these dilemmas. This would help to improve substantially the care and the life quality of this population. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Our Original Barbarism":Man vs. Nature in Thomas Jefferson's Moral ExperienceMaurizio ValsaniaJefferson, perhaps more than any other early democratic theorist, recognized that the development of social institutions and government could not be left to chance or to the "Laws of Nature."1One of the most fundamental fact about Thomas Jefferson—maybe the fundamental fact about Thomas Jefferson—is that he was a white man, and a landholding white man at that. Scholars of (...) ethnicity in the last thirty years have spent an enormous amount of time analyzing what it has meant to be Indian, or African American, or Mexican American, or Asian American, but scholars of "mainstream" history have spent almost no time analyzing what it means to be "white"; whiteness, on the contrary, simply remains the norm by which the difference of the non whites is gauged. We are just beginning our exploration of whiteness, as a culturally and politically constructed phenomenon.2This paper presents Thomas Jefferson's moral attitudes from a particular point of view.3 The thesis I defend can be stated in a very schematic way. (1) In order to secure the new-born Republic the American "leader," according to [End Page 627] Jefferson, must struggle against enemies, against circumstances but mainly against nature. Nature is perhaps the most powerful symbol of the disorder white Americans have to conquer. (2) This struggle against nature reveals a deep ethical commitment. White men are praiseworthy to the extent that they keep fighting against disorder, nature, and circumstances. (3) Jefferson's optimism, or better, "meliorism," was aimed at promoting moral behavior, i.e., to incite his alter egos to struggle against adverse conditions. As to whether or not he was confident about the course of American history, I have staked no claims in this paper.4 (4) Jefferson's case for the struggle against nature is ethically coherent and leads to some interesting reflections on Jefferson's ideas about human nature and white Americans in particular.The notion of "human nature" in this paper refers to white Americans, namely, to the moral character, temperament, and ambitions of those leaders whose main burden, in Jefferson's opinion, should be to construct nineteenth-century America. This examination takes for granted that Jefferson neither worked out a systematic theory of human nature nor elaborated a specific theory of the essence of white Americans.5 Nevertheless, it is too much to say that Jefferson "did not work out his ideas in a logical way."6 His anthropological views were fairly coherent even though very difficult to disentangle. Jefferson, for instance, was neither an optimist nor a pessimist. Furthermore, he was not satisfied with a philosophical, simply "general," and a priori definition of a universal human nature. Jefferson placed human beings outside a metaphysical frame of reference. He placed them "within the sphere of nature, and in so doing [he] was a true exponent of the Enlightenment."7 Humans are merged into geographical, social, religious, economic, in short positive contexts and conditions. They appear as conditioned beings. On the other hand Jefferson was not exclusively involved in the examination of a physical or a posteriori anthropology in which humans are considered solely in the unique particularity of their races and habits.8Thomas Jefferson stood in the middle between the quest for a philosophical theory of human nature and a scientific examination of it. One thing is clear: he was not content with sweeping statements. Merle Curti noted, for example, "Jefferson's feelings about human nature's plasticity."9 This sense of "plasticity" suggests Jefferson's realism and complexity of vision. A philosopher and an [End Page 628] anthropologist, Jefferson was neither satisfied by a general definition nor by an optimistic portrait of human nature. He was against idealization, in particular when white Americans are at stake. Thus, this paper considers the terms in which Jefferson "questioned the cheery view of human nature that some enlightened thinkers celebrated."10 Must white Americans be celebrated? Must nature be celebrated?I. Thomas Jefferson was a strong supporter of social improvement. His involvement in educational, agrarian, commercial, scientific, geographic, and political projects shows several instances of his being an Enlightenment modernizer who... (shrink)

This article examines how the ideology of white injury both conceals and sustains inequitable social relations in turn‐of‐the‐millenium California. Understanding the political and economic context of California in the early 1990s in relation to media, law, and culture helps explain why Californian citizens passed the unconstitutional initiative, Proposition 187, in 1994. Targeting undocumented Mexican immigrants, this ‘color‐blind’ Proposition functioned to conflate economic insecurities with racial anxieties. An analysis of culture, law, and media discloses how racial anxieties limit our understandings (...) of exploitative capitalist relations, serving to artificially augment the white middle‐class ‘ wealth, opportunities, and power, while making vulnerable populations in the United States even more open to exploitation. (shrink)

Revisiting the influence of Hans Kelsen in Mexico requires a revision not only of his visits to Mexico and of the Mexicans to him, but also the different accounts of his thought that exist in Mexico. Hence, we commence by remembering his visits to Mexico —from the cancelled to the consummated, including a endless lists of invitations to visit the country; we continue with the visits of the Mexicans to Kelsen; and we conclude with a visit to Kelsen in Mexico, (...) where we proceed to review the bibliography published both of and on him in Mexico or of Mexican authors. For that purpose, I will do a brief recount of his published works and of the existing debates regarding the extent of influence of his thought —or the fidelity of both kelsenians and antikelsenians. Finally, we include a final consideration on the trascendence of his workResumen:Reflexionar sobre la influencia de Hans Kelsen en México obliga a recordar no solamente las visitas a México y de los mexicanos que fueron en su búsqueda, sino además las diferentes visiones que existen sobre él en México. Así, comenzamos con los viajes de Kelsen a México —desde el cancelado hasta el concretado, sin olvidar una infinidad de invitaciones para visitar el país; continuamos con las visitas de los mexicanos a Kelsen; y concluimos con una visita a Kelsen en México, donde revisamos la bibliohemerografía publicada de y sobre él en México o de autores mexicanos. Para tal efecto me permito hacer un breve recuento de las obras publicadas y de las polémicas que existen en torno al grado de in- fluencia de su pensamiento —o fidelidad de los discípulos kelsenianos y hasta de los antikelsenianos respecto al mismo. Finalmente, incluimos una reflexión final sobre la trascendencia de su obra a partir de un par de anécdotas. (shrink)

Forensic authorship analysis is based on two assumptions: that every individual has a unique idiolect, and that features characteristic of that idiolect will recur with a relatively stable frequency. Yet, a speaker’s language can change with age, affective states, according to audience, or genre. Thus, studies on authorship analysis should adopt the theory that while some linguistic parameters of an idiolect can remain stable, others can change depending on various circumstances. This investigation, which takes a constructional and functional-based approach to (...) discourse-level phenomena in idiolectal stability, analyzes cross-genre data produced by nine Mexican participants throughout a twelve-year time span. This study contributes to a greater understanding of the linguistic elements that survive genre effects and are potentially useful in both investigative and evidential forensic linguistic work. We provide a detailed description of linguistic features, their specific values, and context-dependent interpretation, keeping in mind the context of expert linguistic testimony, with its preference for methods which “employ linguistically motivated analyses in combination with quantitative tools” (Solan & Tiersma, 2004, p.463). Our findings show that idiolectal style tends to remain stable across genres and communication modes in epistemic modality constructions. Epistemic markers —specifically, markers indicating low commitment by the speaker (e.g., _no sé_ ‘I don’t know’) or expressing indirectness when introducing the illocutionary force (e.g., _la verdad [es que]_ ‘the truth [is that]’)— display idiolectal stability, as these markers seem to be the most effective in terms of allowing speakers to strategically manifest the extent of their knowledge regarding what is said. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Religious Ethics and Migration: Doing Justice to Undocumented Workers by Ilsup AhnAndy DraycottReligious Ethics and Migration: Doing Justice to Undocumented Workers Ilsup Ahn New York: Routledge, 2014. 204PP. $145.00Ilsup Ahn addresses the controverted issue of immigration, focusing on the plight of undocumented migrants. His theoretical discussions are decidedly Eurocentric, with substantial investment in explicating Jacques Derrida, Michel Foucault, Giorgio Agamben, and Jürgen Habermas, while his practical test cases (...) are North American, as is his recourse to theologians in his closing chapter, so there is a hospitable cosmopolitan air to the work as a whole. Billing his work as “religious ethics,” and allowing that other religious traditions may approximate the concerns he expresses, Ahn writes as a Christian contributing to Christian ethics and political thought, looking to the Bible and contemporary theological discourse.Ahn’s main argument is that many migrants are on the move because of a globalized economy that distributes goods unfairly; they should thus be reclassified as economic refugees (83). But recognizing that classic liberal rights discourse focuses on the claims of individuals at the point of entry, Ahn seeks to invert this emphasis on the claimant, irrespective of whether an immigrant or refugee, by developing an account modeled on forgiveness that avoids the problematic power relation implied in a hospitality model. Christians learn from the gospel to recognize that gift, far from being arbitrary or unidirectional, emerges out of forgiveness. That is, radical hospitality is born not primarily as a power-difference-fueled contract of mutual indebtedness whereby liberty is negotiated; rather, it is born out of the awareness of being [End Page 213] a community grounded in a transcendent forgiveness through which liberty is enjoyed. Ahn seeks to overcome the gift-becomes-debt model by asserting an “invisible debt” that precedes any acts of hospitality; only the radical hospitality of forgiveness can break this destructive ontological polarization around immigration.Whereas part 1 of the book covers theory, part 2 deals with the concrete issue of immigration in the United States, particularly Arizona. He argues for a religious right to express compassion in the hiring of those who are needy, comparing Arizona’s sanction of such employers to “prosecuting and incarcerating the Good Samaritan for his conscientious act of expressing compassion in solidarity with the victim” (129). He further turns his attention to the problem of nativist racism against Chilean, Japanese, and Mexican migrants; Ahn suggests political forgiveness would replace detention centers, run by security personnel, with hospitality centers run as rescue missions. Forgiveness frees the state from the deadening introversion of national security, and thereby for hospitality.The question arises as to how Ahn thinks Christians can actively pursue his agenda when they have no immediate mechanism to change laws or international conventions. Furthermore, Christians might feel bound to law and order such that political forgiveness may look like ignoring the legality of national borders. Ahn’s final chapter turns more explicitly from philosophy to theology to help answer this concern. He proposes a model based on Covenant, Kingdom of God, and Body of Christ: God’s redemptive work is brought about through these dynamic realities of divine agency, incorporating hospitality in a way that transcends individual rights and national security and favors the “least of these.” Christians may overcome the arbitrary hospitality of creditor or debtor by delighting in the arbitrary favor of God.Some may wonder, despite Ahn’s philosophical sophistication, whether his claims act as proxy for policy moves favored on other, less rigorous grounds like love or compassion that lack hardnosed realism. Might a reader refuse Ahn’s forgiveness paradigm on the grounds that he is actually recommending amnesty or the chaos of open borders? Ahn does call for comprehensive immigration reform but is not foolhardy enough to set out legislative proposals. The strength of his work is the sustained conversation between high-level philosophy and theology and the practical realities for undocumented migrants on the ground. His task as a Christian ethicist is to narrate a different way of seeing the world, modeled on forgiveness and not power and right. It is to be hoped that readers will take up his challenge to see... (shrink)

Childhood obesity is a serious problem for increasing numbers of children around the world. According to the International Obesity Task Force, 1 of 10 schoolaged children worldwide is overweight or obese, a number totaling 155 million; of these, 2-3% are obese. Prevalence is highest in the Americas and Europe, followed by the Near/Middle East, with smaller but growing numbers in the Asia-Pacific and Sub-Saharan regions of the world.In the United States, which provides the data for much of this report, prevalence (...) continues to rise. The most recent nationally representative data indicate that 33.6% of individuals aged 2-19 years were overweight and 17.1% were at risk for overweight in 2003-2004, compared to 28.2% and 13.9% in 1999-2000, respectively. In this age group, the prevalence of overweight or at risk for overweight was highest among Mexican Americans, followed by Non-Hispanic blacks and Non-Hispanic whites, and a higher percentage of males were overweight compared to females. (shrink)

Childhood obesity is a serious problem for increasing numbers of children around the world. According to the International Obesity Task Force, 1 of 10 schoolaged children worldwide is overweight or obese, a number totaling 155 million; of these, 2-3% are obese. Prevalence is highest in the Americas and Europe, followed by the Near/Middle East, with smaller but growing numbers in the Asia-Pacific and Sub-Saharan regions of the world.In the United States, which provides the data for much of this report, prevalence (...) continues to rise. The most recent nationally representative data indicate that 33.6% of individuals aged 2-19 years were overweight and 17.1% were at risk for overweight in 2003-2004, compared to 28.2% and 13.9% in 1999-2000, respectively. In this age group, the prevalence of overweight or at risk for overweight was highest among Mexican Americans, followed by Non-Hispanic blacks and Non-Hispanic whites, and a higher percentage of males were overweight compared to females. (shrink)

In August 2021, a U.S. Federal District Court ruled that §1326 of the Immigration Naturalization Act (INA) which criminalizes illegal reentry violated the Equal Protection clause of the Fifth Amendment because it has disparate impact upon and discriminatory intent against Mexican and Latinx individuals. While §1326 has been unsuccessfully challenged in numerous other federal courts, US v. Carrillo-Lopez stands out in its originality of interpretation regarding the discriminatory intent of a federal statute. In this case commentary, the reasoning of (...) the case will be explicated, followed by an analysis of the unique statutory interpretation applied within the context of discriminatory intent doctrine. (shrink)

In this article I use the tropes of El Cucuy (the Mexican version of the boogyman), La Llorona (the wailer), and La Migra (the border patrol) to provide the beginnings of an ethical critique of the treatment of undocumented immigrants in the United States.

The closely related debates concerning abortion, the protection of the embryo and stem cell science have captured the legislative agenda in Mexico in recent years. This paper examines some contemporary debates related to stem cell science and the legal and political action that has followed in the wake of the latest Supreme Court judgment on abortion, which debates are directly linked to the degrees of protection of the embryo stipulated in the Mexican Constitution. While some Mexican states have (...) opted to take no further action, others, where conservative political forces are in the majority, have been very active in seeking to ensure that their constitutions are amended to protect human life from conception onwards. This intense legislative activity has not, however, been repeated at the federal level, where there is currently no overarching national regulatory framework governing stem cell research. Although major efforts have been made by the conservative block within the Senate to bring forward legislative proposals for the prohibition of human embryonic stem cell research, and despite the public expression by the federal government of its commitment to encourage inward investment and innovation in the area of biotechnology, stem cell science has, so far, remained unregulated. The legislative challenge is to resist the pressure that has been injected by religious leaders and to act in accordance with the values and principles adopted by the community in the Mexican Constitution. In the final analysis, Mexico faces particular difficulties in accommodating conservative political forces on one hand, while recognising on the other its need, as an emerging economy, to promote a progressive approach to innovation in biotechnology. (shrink)

The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to be (...) assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

The year is 2100. Geena is the proud new owner of Emit, a state-of-the-art robot. She has just unwrapped him, the packaging strewn across the dining room floor. Emit is designed to replicate the outward behaviour of a human being down to the last detail . Emit responds to questions in much the same way humans do. Ask him how he feels and he will say he has had a tough day, has a slight headache, is sorry he broke that (...) vase, and so on. Geena flips the switch at the back of Emit's neck to ‘on’. Emit springs to life. (shrink)

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

Journal Name: Semiotica Issue: Ahead of print.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. In this installment, we focus, not on faulty reasoning per se, but on an example of how we can be led astray or manipulated without our even realizing what is going on. Our critical faculties are entirely sidestepped!

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously. Here we get to grips with two everyday reasoning errors.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here I tell a cautionary tale about flying saucers and take a brief look at the virtues of ‘open-mindedness’.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here we get to grips with two everyday reasoning errors.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here l explain some of the techniques commonly used by ‘gurus’ to dupe people into thinking they have something profound to say.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here we get to grips with an everyday reasoning error: the gambler's fallacy.

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously.