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)

Safe-by-Design (SBD) frameworks for the development of emerging technologies have become an ever more popular means by which scholars argue that transformative emerging technologies can safely incorporate human values. One such popular SBD methodology is called Value Sensitive Design (VSD). A central tenet of this design methodology is to investigate stakeholder values and design those values into technologies during early stage research and development (R&D). To accomplish this, the VSD framework mandates that designers consult the philosophical and ethical literature to (...) best determine how to weigh moral trade-offs. However, the VSD framework also concedes the universalism of moral values, particularly the values of freedom, autonomy, equality trust and privacy justice. This paper argues that the VSD methodology, particularly applied to nano-bio-info-cogno (NBIC) technologies, has an insufficient grounding for the determination of moral values. As such, an exploration of the value-investigations of VSD are deconstructed to illustrate both its strengths and weaknesses. This paper also provides possible modalities for the strengthening of the VSD methodology, particularly through the application of moral imagination and how moral imagination exceed the boundaries of moral intuitions in the development of novel technologies. (shrink)

This paper argues that the Value Sensitive Design (VSD) methodology provides a principled approach to embedding common values in to AI systems both early and throughout the design process. To do so, it draws on an important case study: the evidence and final report of the UK Select Committee on Artificial Intelligence. This empirical investigation shows that the different and often disparate stakeholder groups that are implicated in AI design and use share some common values that can be used to (...) further strengthen design coordination efforts. VSD is shown to be both able to distill these common values as well as provide a framework for stakeholder coordination. (shrink)

Ontic structural realism argues that structure is all there is. In (French, 2014) I argued for an ‘eliminativist’ version of this view, according to which the world should be conceived, metaphysically, as structure, and objects, at both the fundamental and ‘everyday’ levels, should be eliminated. This paper is a response to a number of profound concerns that have been raised, such as how we might distinguish between the kind of structure invoked by this view and mathematical structure in general, how (...) we should choose between eliminativist ontic structural realism and alternative metaphysical accounts such as dispositionalism, and how we should capture, in metaphysical terms, the relationship between structures and particles. In developing my response I shall touch on a number of broad issues, including the applicability of mathematics, the nature of representation and the relationship between metaphysics and science in general. (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)

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)

Linguistic intuitions are a central source of evidence across a variety of linguistic domains. They have also long been a source of controversy. This chapter aims to illuminate the etiology and evidential status of at least some linguistic intuitions by relating them to error signals of the sort posited by accounts of on-line monitoring of speech production and comprehension. The suggestion is framed as a novel reply to Michael Devitt’s claim that linguistic intuitions are theory-laden “central systems” responses, rather than (...) endorsed outputs of a modularized language faculty (the “Voice of Competence”). Along the way, it is argued that linguistic intuitions may not constitute a natural kind with a common etiology; and that, for a range of cases, the process by which intuitions used in linguistics are generated amounts to little more than comprehension. (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)

Using a nationwide survey of provincial institutional quality and a sample of private manufacturing small and medium scale enterprises, this paper contributes to the literature by considering for the first time the effects of corruption on the financial performance of Vietnamese private SMEs. Interestingly, contrary to previous findings, we find that corruption when measured by a dummy variable, does not affect firms’ financial performance after controlling for heterogeneity, simultaneity and dynamic endogeneity. However, the intensity of bribery and the majority of (...) the forms of corruption were found to have negative impacts on firms’ financial performance. Hence, a typical approach using only a dummy variable for bribery might not adequately evaluate the impact of bribe intensity or even ignores the negative impacts of some types of bribes on firms’ financial performance. The findings suggest that anti-corruption measures are vital for the development of the Vietnamese private SMEs. (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 this paper we deal with a classical question of western philosophy: Is it possible to know that there are things which do not exist? We begin with a brief analysis of some fragments of Parmenides, and later we study whether these arguments are valid using three kinds of epistemic logic: a classical style epistemic logic, where axiom holds, a free epistemic logic, where this axiom does not hold, and finally, we study Lenzen's proposal of using two kinds of quantifiers: (...) possibilistic and realistic quantifiers. We conclude that the last last one is the closest to our intuition and a good way to deal with this kind of problem. (shrink)

Si bien la crítica antihumanista de la categoría de lo humano tenía un objetivo eminentemente emancipador, ha desembocado en los últimos años en una paradoja vinculada a la defensa del carácter construido y, por tanto, descualificado de lo humano. Para responder a esta paradoja, varios filósofos ubicados en el espacio teórico del antihumanismo se han visto forzados a repensar, y en cierto modo a recuperar, lo humano. Judith Butler ofrece uno de los tratamientos más sofisticados de esta cuestión en la (...) medida en que propone, según nuestra hipótesis, no un nuevo concepto de lo humano o un nuevo humanismo, sino distintas figuras de lo humano articuladas en torno a dos vértebras fundamentales: la impropiedad y la precariedad. Al explorar la tensión que modula la relación entre estas dos vértebras, sostenemos que Butler estaría sentando las bases para una antropología política crítica, antihumanista y no antropocéntrica. (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)

When consumers choose to abstain from purchasing meat, they face some uncertainty about whether their decisions will have an impact on the number of animals raised and killed. Consequentialists have argued that this uncertainty should not dissuade consumers from a vegetarian diet because the “expected” impact, or average impact, will be predictable. Recently, however, critics have argued that the expected marginal impact of a consumer change is likely to be much smaller or more radically unpredictable than previously thought. This objection (...) to the consequentialist case for vegetarianism is known as the “causal inefficacy” (or “causal impotence”) objection. In this paper, we argue that the inefficacy objection fails. First, we summarize the contours of the objection and the standard “expected impact” response to it. Second, we examine and rebut two contemporary attempts (by Mark Budolfson and Ted Warfield) to defeat the expected impact reply through alleged demonstrations of the inefficacy of abstaining from meat consumption. Third, we argue that there are good reasons to believe that single individual consumers—not just individual consumers taken as an aggregate—really do make a positive difference when they choose to abstain from meat consumption. Our case rests on three economic observations: (i) animal producers operate in a highly competitive environment, (ii) complex supply chains efficiently communicate some information about product demand, and (iii) consumers of plant-based meat alternatives have positive consumption spillover effects on other consumers. (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.

This monograph first introduces a methodology called “hamartia poetics,” which explores how novels generate their own semantic conceptions of “sin.” A poetics of sin rests on four fundamental assumptions about narrative itself: (1) narratives present a transformation from one condition to another; (2) in narratives, states of being only “exist” as compared with others; (3) narrative makes possible the act of sin; and (4) the act of sin cannot exist without the possibility of combinatory transformation. Second, it applies hamartia poetics (...) to Dickens’s Bleak House, arguing that the novel simultaneously establishes two codes of sin, but that these codes ultimately converge into one. (shrink)

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