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)

We propose a causal model theory to explain asymmetries in judgments of the intentionality of a foreseen side-effect that is either negative or positive (Knobe, 2003). The theory is implemented as a Bayesian network relating types of mental states, actions, and consequences that integrates previous hypotheses. It appeals to two inferential routes to judgment about the intentionality of someone else's action: bottom-up from action to desire and top-down from character and disposition. Support for the theory comes from three experiments that (...) test the prediction that bottom-up inference should occur only when the actor's primary objective is known. The model fits intentionality judgments reasonably well with no free parameters. (shrink)

Conceptual features differ in how mentally tranformable they are. A robin that does not eat is harder to imagine than a robin that does not chirp. We argue that features are immutable to the extent that they are central in a network of dependency relations. The immutability of a feature reflects how much the internal structure of a concept depends on that feature; i.e., how much the feature contributes to the concept's coherence. Complementarily, mutability reflects the aspects in which a (...) concept is flexible. We show that features can be reliably ordered according to their mutability using tasks that require people to conceive of objects missing a feature, and that mutability (conceptual centrality) can be distinguished from category centrality and from diagnosticity and salience. We test a model of mutability based on asymmetric, unlabeled, pairwise dependency relations. With no free parameters, the model provides reasonable fits to data. Qualitative tests of the model show that mutability judgments are unaffected by the type of dependency relation and that dependency structure influences judgments of variability. (shrink)

This paper defends the claim that pragmatic encroachment—the idea that knowledge is sensitive to the practical stakes of believing—can explain a distinctive kind of epistemic injustice: the injustice that occurs when prejudice causes someone to know less than they otherwise would. This encroachment injustice, as we call it, occurs when the threat of being met with prejudice raises the stakes for someone to rely on her belief when acting, by raising the level of evidential support required for knowledge. We explain (...) this notion of encroachment injustice, connect it to the empirical literature on implicit bias, and defend it against important objections. (shrink)

Abstract“Psychological essentialism” refers to our tendency to view the natural world as emerging from the result of deep, hidden, and internal forces called “essences.” People tend to believe that genes underlie a person’s identity. People encounter information about genetics on a regular basis, as through media such as a New York Times piece “Infidelity Lurks in Your Genes” or a 23andMe commercial showing people acquiring new ethnic identities as the result of their genotyping. How do people make sense of new (...) scientific findings that are inherently complex if they don’t have years of specialized training and education at their disposal? Given the substantial overlap between a lay understanding of genetics and lay intuitions about essences, we argue that, when most people are thinking about genes, they are not really thinking about genes in the complex ways that good scientists are. Combating people’s essentialist biases can be a formidable challenge. Although we have identified some promising results of trying to reduce people’s genetic essentialist tendencies, there is still much to learn about how these essentialist biases can be countered. It is important to help people understand genetic information so they are able make well‐informed decisions about their lives. (shrink)

Experimental studies show that some corvids, apes, and rodents possess a common long-term memory system that allows them to take goal-directed actions on the basis of absent spatiotemporal contexts. In other words, evidence supports the hypothesis that Episodic Memory —far from being uniquely human— has evolved as a cross-species meaning making system. However, within this zoosemiotic breakthrough, neurocognitive studies now struggle characterizing the relations between teleological factors and phenomenological factors that would account for the episodic behavior displayed by these living (...) beings. Within such field, this paper identifies four epistemological gaps —the ‘Nagelian’, ‘de Waalian’, ‘Chomskyan’, and ‘semiotic’ gaps—, making a case for the need of a future biosemiotic model of Alloanimal Episodic Memory to come into the equation. As a whole, I conclude that experimental developments in AEM research, and philosophical advancements in biosemiotics could converge through the concept of semiosis. Introducing the latter would account for animal episodic agency as a causal influence and continuity between the above relations, outclassing the reductionist and Cartesian separation between ‘external’ bodily behavior and ‘internal’ computational operations. (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)

Si, pour Heidegger, Nietzsche représente le dernier penseur de la métaphysique, ce n’est pas seulement en raison de son appartenance à la conceptualité de l’onto-théologie ni des limites intrinsèques à sa tâche d’un renversement du platonisme. La lecture des traités et des cahiers posthumes concernant la pensée de l’ Ereignis précise la critique heideggérienne et la complète par l’opposition totale à la tentative d’un élevage ( Züchtung ) de l’être humain supérieur. En effet, Heidegger voit dans la notion d’élevage la (...) fixation voire la radicalisation, à l’époque de la fabrication ( Machenschaft ), de la définition métaphysique de l’être humain comme animal rationale. Contre la Züchtung nietzschéenne, il pense la possibilité d’une préparation ( Vorbereitung ) du Da-sein, comme la plus haute transformation de l’essence humaine. Ce sont les rapports de ces deux notions, l’élevage tel qu’il apparaît dans la critique heideggerienne de Nietzsche, et le concept qu’il lui oppose, la préparation, que nous analysons dans cet article, en exposant non seulement la manière dont l’un répond à l’autre, mais également les limites de ce couple de concepts. Par là, nous cherchons d’une part à mieux comprendre la place de Nietzsche dans le projet de l’histoire de l’Être, et, d’autre part, à déterminer la portée de son dépassement. (shrink)

How might we change ourselves without ending our existence? What could we become, if we had access to an advanced form of bioengineering that allowed us dramatically to alter our genome? Could we remain in existence after ceasing to be alive? What is it to be human? Might we still exist after changing ourselves into something that is not human? What is the significance of human extinction? Steven Luper addresses these questions and more in this thought-provoking study. He defends (...) an animalist account, which says that we are organisms, but claims that we are also material objects. His book goes to the heart of the most complex questions about what we are and what we might become. Using case studies from the life sciences as well as thought experiments, Luper develops a new way of thinking about the nature of life and death, and whether and how human extinction matters. (shrink)

La construcción de la Fenomenología del espíritu de Hegel se vio afectada por la naciente conciencia histórica postilustrada, y por la historicidad de la razón que Hegel elabora allí. El contraste entre el final de la «Introducción» y el final del «Saber absoluto» deja ver que Hegel ofreció al final de la obra algo de lo que anunciaba al principio. Lo que se le abre al «yo» del final de la Introducción cuando llega al saber absoluto no es sólo el (...) sistema de la ciencia, sino la historia contingente organizada en la ciencia del saber que aparece. Se propone finalmente leer esta historicidad de la conciencia como aguda conciencia del presente. (shrink)

By examining his account of individual virtues, making inferences from his analyses of flawed cities, and teasing out the tacit assumptions behind claims about the nature of political activity, I argue that Aristotle thinks of competition as being a political ideal rather than as an inevitable corruption of civic life. Virtuous citizens compete for civic honor through traditional “competitive outlays” and contend against one another for prestigious offices in the city. Moreover, I argue that the very structure of political deliberation (...) is competitive. It is through a “vis-à-vis” competition among proposals that a winning policy is adopted, and the speakers who offer these proposals are themselves involved in a competition for political influence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Vatican Manuscript of Spinoza’s EthicaSteven NadlerLeen Spruit and Pina Totaro. The Vatican Manuscript of Spinoza’s Ethica. Brill’s Studies in Intellectual History, 205. Brill’s Texts and Sources in Intellectual History, 11. Leiden-Boston: Brill, 2011. Pp. vi + 318. Cloth, $136.00.By any measure, it is a remarkable find. There was a small codex in the Vatican Library, marked Vat. Lat. 12838. It originally belonged to the Congregation of the (...) Holy Office, which in 1917 inherited the role of keeper of the Index of Prohibited Books. The codex had been transferred to the Library with other materials in 1922. The manuscript, originally acquired in 1677, bore no author’s name. According to the card catalogue it is a Tractatus theologiae, a five-part “Theological Treatise.” Its contents are described as follows: Pars prima de Deo: Definitiones. / 1. Per causam. / Des. Tam difficilia quam rara sunt.Sound familiar?We possess no autograph manuscripts of Spinoza’s philosophical writings (there are a couple of autographs of his letters). And the only philosophical manuscripts we do have are the two Dutch manuscripts of the Short Treatise on God, Man, and His Well-Being, both discovered in the nineteenth century but one of which almost certainly was composed in Spinoza’s lifetime from a Latin original. Thus, to discover a seventeenth-century Latin manuscript copy of the Ethics, even if it is not an autograph, is exciting news indeed. Since it was in the Vatican’s possession by September 1677, we know that it was written out while Spinoza (who had died only a few months earlier) was still alive; it may also be that, while the manuscript is not by Spinoza’s hand, he did look it over.What makes this last possibility even more likely is the fact that, as Leen Spruit and Pina Totaro—the discoverers of the manuscript—argue in their introduction to this volume, the manuscript may originally have belonged to a member of Spinoza’s circle of friends in Amsterdam, Walter Ehrefried von Tschirnhaus. Tschirnhaus was in Paris by 1676, and had in his possession a copy of the Ethics (which a suspicious Spinoza famously told him not to show to Leibniz, who was also in Paris at the time and wanted to have a look at the work). Tschirnhaus was in Rome within a year, where, Spruit and Totaro suggest, he may have made the acquaintance of Niels Stensen, erstwhile Lutheran scientist and friend of Spinoza, now a fervent Catholic convert and anti-Spinozist soon to be appointed Vicar Apostolic of Nordic Missions. Tschirnhaus, or possibly some other “Lutheran foreigner” (in Stensen’s words) to whom he, eager to spread the good word of Spinozism, had given the manuscript, passed it on to Stensen, who in turn handed it over to the Roman Inquisition, along with a denunciation of its author. Stensen’s intention was to have Spinoza condemned by the Church and his works placed on the Index. Spruit and Totaro also claim—on the basis of the handwriting—that the copyist of this manuscript is Pieter van Gent, a member of Spinoza’s circle who played a role in the posthumous publication of his works.While Spruit and Totaro wisely admit that this story behind the manuscript “cannot be established with certainty,” they also say that it is “rather likely.” Their plausible hypothetical reconstruction of the history of the manuscript and of its relationship to the publication history of the Ethics, as well as their account of other important contextual elements, is based on careful and informed scholarship, and makes for fascinating reading.As for the manuscript itself, it is not a revolutionary discovery (as, say, the discovery of the Short Treatise manuscripts were). It will not affect the reading of the Ethics in any major way. There are a variety of discrepancies between the Vatican manuscript and the text of the Ethics in the Opera Posthuma (OP) of 1678: differences in spelling, “rather insignificant” omissions and additions of words and phrases, probable scribal errors, changes in word order, and some noticeable differences in expression. To take just one nonetheless interesting example, the final clause of the... (shrink)

Research has found that both cisgender and transgender androphilic males (i.e., males sexually attracted to and aroused by other adult males) have female-typical occupational preferences when compared with gynephilic males (i.e., males sexually attracted to and aroused by adult females). Moreover, whereas cisgender androphilic males’ occupational preferences tend to be intermediate between those of gynephilic men and androphilic women, transgender androphilic males tend to have occupational preferences that are more similar to androphilic women. No study has directly compared both types (...) of androphilic males within the same culture. The present study investigated occupational preference and its relation to childhood sex-atypical behavior (CSAB), among gynephilic men (_n_ = 208), androphilic women (_n_ = 138), and cisgender (_n_ = 132) and transgender (_n_ = 129) androphilic males from the Istmo region of Oaxaca, Mexico, where androphilic males are recognized as third gender, _muxes_. The study found large sex differences in occupational preferences (_d_ = 2.80). Furthermore, both cisgender _muxe nguiiu_ (_d_ = 2.36) and transgender _muxe gunaa_ (_d_ = 3.44) reported having more sex-atypical occupational preferences compared with men. However, _muxe gunaa_ reported higher female-typical occupational preferences than women (_d_ = 0.59) and _muxe nguiiu_ (_d_ = 0.57), whereas _muxe nguiiu_ and women did not differ (_d_ = 0.08). These findings are consistent with the conclusion that sex-atypical occupational preferences are a cross-culturally universal aspect of male androphilia. Finally, CSAB was associated with sex-atypical occupational preferences among all participants. These findings suggest that a developmental continuity exists between childhood and adulthood sex-atypicality. (shrink)

Patient To examine neural responses to aurally-presented sentences, a sparse imaging technique was used to minimize interference from scanner noise. The patient was played a single sentence (or noise-equivalent) in the 7.4s silent period before a single 1.6s scan with stimulus timing jittered relative to scan onset. There were 118 spoken sentences trials, 59 signal correlated noise trials, and an additional 60 silent trials for the purpose of monitoring data quality. The signal correlated noise stimuli had the same duration, spectral (...) profile and amplitude envelope as the original speech, but were entirely unintelligible (S1). The experiment was divided into three sessions of 79 trials with events pseudo-randomly ordered within each scanning session. The sentences were presented using a MRI compatible auditory stimulusdelivery system (Resonance Technology, Northridge, CA), with insert earplugs to further attenuate scanner noise. DMDX software running on a Windows XP PC was used to present the stimulus items. (shrink)

Happiness today is not just a possibility or an option but a requirement and a duty. To fail to be happy is to fail utterly. Happiness has become a religion--one whose smiley-faced god looks down in rebuke upon everyone who hasn't yet attained the blessed state of perpetual euphoria. How has a liberating principle of the Enlightenment--the right to pursue happiness--become the unavoidable and burdensome responsibility to be happy? How did we become unhappy about not being happy--and what might we (...) do to escape this predicament? In Perpetual Euphoria, Pascal Bruckner takes up these questions with all his unconventional wit, force, and brilliance, arguing that we might be happier if we simply abandoned our mad pursuit of happiness. Gripped by the twin illusions that we are responsible for being happy or unhappy and that happiness can be produced by effort, many of us are now martyring ourselves--sacrificing our time, fortunes, health, and peace of mind--in the hope of entering an earthly paradise. Much better, Bruckner argues, would be to accept that happiness is an unbidden and fragile gift that arrives only by grace and luck. A stimulating and entertaining meditation on the unhappiness at the heart of the modern cult of happiness, Perpetual Euphoria is a book for everyone who has ever bristled at the command to "be happy.". (shrink)

This book develops the idea that meaningfulness is specified as a relation between an acknowledged appeal and an adopted attitude. In the Axial Age classics and again in modern refoundings of philosophy and theology, ideals of a fully commanding supreme appeal and a fully adequate orientation to the world in cognizance of that appeal--a sovereign attitude--are intellectually and spiritually central. Some of the most fundamental challenges of pluralism stem from differences in appeal and attitude ideals.

Describes the life and accomplishments of the nineteenth-century author best known for his work "Walden" and his dedication to expanding the philosophy of ...

Three leading Jewish philosophers explore what it means to participate in post modern Jewish philosophy. They contemplate where Judaism has been, the relevance of age-old Biblical traditions, and the direction in which Judaism is headed in the 21st century.

In this dissertation I argue that the concept of a moral right is best explicated by means of the concept of morally legitimate coercion. This thesis, which I call the enforceability thesis, says that to have a right is to have a claim such that one would be justified in pursuing a course of action up to and including harm should the claim be dissatisfied. I contend that this thesis, if it is true, explains much about our intuitions concerning moral (...) rights, accounts for the historical importance of rights-talk in the context of events such as revolutions and political reforms, and explains why rights are a necessary part of the moral vocabulary. If rights do not set out conditions under which coercion is morally appropriate, then they do nothing that other moral concepts could not do. ;Drawing on the work of H. L. A. Hart, John Rawls, and others, I argue that the philosophical strength and practical efficacy of rights on the enforceability thesis is best realized when rights are treated as action-guiding principles set within a framework of moral decision making under reflective equilibrium. Using the process of reflective equilibrium as a backdrop, I argue that rights can have sufficient normative force to play an important role in moral and political theory without being either impracticably stringent or subject to so many exceptions that they lose their efficacy. ;With this background in place I next set out and argue for a view of human rights which, because human rights turn out to be best understood as rights to primary goods, I call the theory of primary rights. The account I give of primary rights emphasizes their justificatory place in arguments for coercion, their importance to the moral integrity of the individual, and the practical applicability of the overarching theory of rights developed in this dissertation. (shrink)