Este artículo identifica los principales antecedentes legislativos y jurisprudenciales de la evidencia digital en Colombia, con miras a detallar su tratamiento en el proceso judicial; así mismo, pretende evidenciar cómo opera la cláusula de exclusión, y de qué manera se protege el derecho a la intimidad, en la obtención de evidencia digital, desde distintos medios de almacenamiento. La metodología es cualitativa y se utilizó la técnica de la revisión documental y la entrevista a expertos, para mostrar una realidad respecto a (...) una problemática de valoración de las pruebas tecnológicas, en los casos de ilicitud, y brindar aportes para mejorar la comprensión y la dimensión de su práctica en el proceso judicial. La principal conclusión es que no se le puede negar eficacia y validez probatoria por estar en forma de bytes, siempre y cuando se pueda establecer la autenticidad del contenido y la correspondencia con el autor. (shrink)

Journal of Political Philosophy, EarlyView.

Data do not speak for themselves. Data must be narrated—put to work in particular contexts, sunk into narratives that give them shape and meaning, and mobilized as part of broader processes of interpretation and meaning-making. We examine these processes through the lens of ethnographic practice and, in particular, ethnography’s attention to narrative processes. We draw on a particular case in which digital data must be animated and narrated by different groups in order to examine broader questions of how we might (...) come to understand data ethnographically. (shrink)

This article explores the relationality between women’s bodies and selfies on NSFW (Not Safe For Work) tumblr blogs. We consider the way selfie practices engage with normative, ageist and sexist assumptions of the wider culture in order to understand how specific ways of looking become possible. Women’s experiences of their bodies change through interactions, sense of community and taking and sharing selfies. This article provides an empirical elaboration on what sexy selfies are and do by analysing interviews, selfies and blog (...) content of nine women in the NSFW self-shooters community on tumblr. For our participants, self-shooting is an engaged, self-affirmative and awareness raising pursuit, where their body, through critically self-aware self-care, emerges as agentic, sexual and distinctly female. Thus, this is a reading of selfies as a practice of freedom. (shrink)

History is not the record of humanity’s progress through otherwise empty time. It is rather to be conceived messianically, i.e., in terms of God’s eschatological promises and the interruptive capacity of dangerous memories of human suffering. This insight is contained in both the historical philosophy of Walter Benjamin and the political theology of Johann Baptist Metz. Metz’s theological categories also contribute an understanding of messianic history that avoids the dualism of Benjamin’s description of history in both messianic and materialist terms.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Spinoza, Liberalism, and the Question of Jewish Identity by Steven B. SmithSteven NadlerSteven B. Smith. Spinoza, Liberalism, and the Question of Jewish Identity. New Haven: Yale University Press, 1997. Pp. xvii + 270. Cloth, $30.00.Steven B. Smith’s aim in this elegant, well-written book is to restore Spinoza to his important and rightful place in the history of political and religious thought. At the heart of the (...) book is a discussion of the central themes of the Theological-Political Treatise, with a good deal of attention given both to Spinoza’s other writings and to other political thinkers such as Machiavelli and Hobbes, as well as to the immediate historical situation in the mid-seventeenth-century Dutch Republic. But this is more than just a commentary on a work that for a long time has largely (and unjustly) been ignored by philosophers. Smith has a full appreciation of the radical nature of the Treatise, and uses it to bring out what is peculiarly fascinating about Spinoza’s religious and political ideas.According to Smith, it was Spinoza who first made the “Jewish Question”—the problem of how the Jews, after centuries of separation and ghettoization, can be granted admission to, and even assimilation into, the modern polity—central to reflection on the “theological-political problem,” that is, the problem of the place and role of religion in the state. Smith sees Spinoza’s solution to both problems in the process of secularization. Jews must, in order to become an integrated part of modern society, shed their ancient, traditional identity; Judaism has to be transformed from “an authoritative body of revealed law into what today would be called a modern secular identity” (xiii). The allegiance of Jews must be transferred from the Law to laws, from a life of halakhic (or Jewish legal) ritual to a life focussed on nonsectarian, civil and social duties. Particularism—and this would be true of all historical religious identities that will, ideally, be absorbed into the modern state—must be exchanged for universalism.Smith shows how Spinoza’s thinking on the Jewish question is intimately bound up with his particular political philosophy. He argues, in fact, that the Treatise represents the “first and most profound expression of the Jewish-liberal symbiosis that has survived to the present.” For the kind of polity that will make Jewish emancipation possible and foster the emergence of a modern, secular, nonparticularistic Jewish identity is the democratic, liberal state. But if liberalism, through its offer of toleration and participation, nourishes modern Judaism, it is no less true, Smith claims, that it has taken its own sustenance from Jewish traditions. Rabbinic Judaism, with its emphasis on law, has long served as a model for classical liberal thought.Spinoza himself is, in Smith’s eyes (although Smith is certainly not the first to suggest this) the “prototype” of the modern emancipated Jew, liberated from (and even critical of) religious tradition and authority. He is, in other words, the first “secular Jew.” Amsterdam, meanwhile, with its linked traditions of toleration and commerce, is the prototype of the modern, liberal society, one that both offers the conditions for Jewish emancipation and is ever vigilant against interference from ambitious religious authorities. Smith does not really take note of the fact that Dutch society in the Golden Age, with its rigid system of regent families controlling the all-important municipal governments, was far from democratic. And it seems to me misleading to speak of Spinoza as a “secular Jew.” Spinoza seems to have liberated himself—with a [End Page 321] little help from his congregation’s rabbis—not only from an orthodox conformity to Jewish traditions, but from any sense of Jewish identity whatsoever. Perhaps it might be more accurate to call Spinoza the “first secular citizen.”One of the more contentious claims of Smith’s book is his insistence that Spinoza’s Treatise contains an esoteric dimension, an intentionally hidden doctrine that only the most careful readers could ascertain. Part of the defense of this Straussian model is the identification of “deliberate contradictions” in the text. I, for one, do not see any esoteric doctrines in the Treatise; nor... (shrink)

With the House of Representatives set to decide next week whether to open an impeachment inquiry, President Clinton's fate may ultimately depend on his theories of language. In his grand jury testimony, Mr. Clinton expounded on the semantics of the present tense (''It depends on what the meaning of the word 'is' is'') and of the words ''alone,'' ''cause'' and, most notoriously, ''sex.''.

New technologies often have unforeseeable consequences. Michael Faraday could not have anticipated the rise of the electric guitar and its effects on our culture, nor did the inventors of the laser realize they had laid the ground for a thriving industry of tattoo removal. And it is safe to say that Watson and Crick could not have foreseen a day when an analysis of Oprah Winfrey's DNA would tell her that she was descended from the Kpelle people of the Liberian (...) rainforest. "I feel empowered by this," she said upon hearing the news, overcoming her disappointment that her ancestors were not Zulu warriors. (shrink)

Résumé Nous vivons au sein de multiples formes de vies intriquées entre elles. Végétaux, animaux, humains, nous passons notre temps à devoir traduire ces formes de vies entre elles, ce qui nous oblige à inventer des équivalents pour ce qui n’a pas d’équivalent, à forcer un échange entre des incommensurables. C’est au sein de ce travail vital de traduction que doivent être envisagés les médias.

This essay offers a response to Pamela Sue Anderson’s book, Re-visioning Gender in Philosophy of Religion. It focuses on three key aspects of Anderson’s work: first, her concern with the often imperceptible reality of gender exclusions; secondly, her discussion of ineffability in dialogue with Adrian Moore’s work and thirdly, her defence of realism in response to Grace Jantzen. These themes constitute a welcome articulation of rationality within a feminist framework, whilst opening up rationality to the validity of non-propositional truths. The (...) essay ends by suggesting that Anderson does more to work out new conceptualizations of the divine, arguing that her work and that of Jantzen are not so far apart on this point as might first appear. (shrink)

This paper presents three theses on the kind of human kinds represented by masculinity and femininity: (1) Genders are taken to be generic realities, (2) complementary kinds of a kind, and (3) normative and valid organizations of intention in community. Analogies are considered between gender and temperament, culture, race, age, and sexual orientation.

From young children, with their guileless, searching questions, to the recently bereaved, trying to make sense of tragic loss, humans wrestle with our relationship to God--and with God's essence, motivations, and power--throughout our lives: Why does God permit catastrophe and senseless tragedy, again and again? Is God's power limited in any way? Can He change the past? Does He know the future? Why does God require prayer? Why does He not provide stronger evidence of His presence? Whom does God consign (...) to hell, and why? Does God change? Suffer? What can we make of the conflicting diversity within world religions, of the many gods of different religious traditions? Such questions engage, confront, and perplex us on a daily basis. In this rich, concise volume, leading philosophers who have long pondered God's nature and ways take on these core problems and present their findings in a manner likely to engage believer and non-believer, general reader and specialist alike. (shrink)

Nine leading scholars explore some of the most important minds behind the new political economy of the American Founding and engage with the foundational work of Ralph Lerner. In his 1979 article, "Commerce and Character: The Anglo-American as New-Model Man," Ralph Lerner argued that the American Founders and the political theorists of the commercial republic were charting a new basis for society that broke with the "old order," which was "preoccupied with intangible goods to an extent we now hardly ever (...) see. The king had his glory, the nobles their honor, the Christians their salvation, the citizens of pagan antiquity their ambition to outdo others in serving the public good." By contrast, the commercial republic was a regime based on the belief that human behavior is best understood as driven by physical wants and tangible goods. A government grounded on this understanding of humanity would be a more stable system and thus more conducive to human flourishing. Lerner's article thus interpreted the Founding as a revolution in political philosophy that must be understood against the backdrop of the Enlightenment. Commerce and Character brings together nine distinguished scholars who explore individual Enlightenment or American thinkers who made important philosophical or political contributions to the new political economy of modern republicanism. Each contributor uses Lerner's essay as the jumping-off point, and at the end, Lerner provides a detailed response to each of his interlocutors where he carefully examines each chapter and reconsiders his arguments a half century later. (shrink)

This paper draws together empirical findings from our study of hackathons in the UK with literature on big data through three interconnected frameworks: data as discourse, data as datalogical and data as materiality. We suggest not only that hackathons resonate the wider socio-technical and political constructions of data that are currently enacted in policy, education and the corporate sector, but also that an investigation of hackathons reveals the extent to which ‘data’ operates as a powerful discursive tool; how the discourses (...) of data mask and reveal a series of tropes pertaining to data; that the politics of data are routinely and simultaneously obscured and claimed with serious implications for expertise and knowledge; and that ultimately, and for the vast majority of hackathons we have attended, the discursive and material constructions of data serve to underpin rather than challenge existing power relations and politics. (shrink)

A collection of essays on contemporary issues in justice and law.

The main objective of this article is to analyze the cognitive level of the activities in History textbooks in Spain, England, and Portugal in the transition stage from Primary to Secondary Education (11–13 years), according to the country of origin, typology, and the concepts and disciplinary contents included. The design of this research is quantitative, descriptive, and cross-sectional. The non-probabilistic sample consists of 6,561 activities contained in 27 school textbooks from Spain, England, and Portugal. Descriptive and contrast analyses have been (...) carried out using parametric tests. The results indicate that textbooks from Spain and Portugal mainly include activities situated between a basic and intermediate cognitive level while in England, the cognitive level of activities is medium or high. The ANOVA and TukeyBtests show significant differences between the cognitive level required in the activities and the typology of exercises, the concepts, and historical contents worked on. The activities with higher cognitive level correspond to those of creation and essays, the exercises that work on empathy and historical relevance, and that contain activities of social and economic history. In contrast, the activities with the lowest cognitive level are short questions and objective tests, those that work on first-order concepts (data and concrete facts), and those on the History of Art. The conclusion is that there is a need for a balanced presence of first-order content and historical thinking skills, the application in the classroom of a more active student-centered methodology, and the teachers’ conception of history teaching that prioritizes historical skills. (shrink)