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Understanding Guilt and Criminal Intent in Legal Theory

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The Concept of Guilt in Criminal Law

In a broad sense, guilt is the set of assumptions that underlie the personal blameworthiness of illegal behavior.

Theories of Guilt

  • Normativist Theory: Guilt is the reproach made to the perpetrator of a criminal offense, linking them through a psychological motivation. This theory considers the extent to which the perpetrator's behavior was known or knowable, and whether they could have been required to proceed in accordance with the rules.
  • Psychological Theory: Guilt is conceptualized as the psychic mode of the perpetrator's behavior, grounding criminal responsibility from the perspective of their capacity, knowledge, and freedom of determination.

Dolo (Criminal Intent)

Dolo, as identified in Article 34, Section... Continue reading "Understanding Guilt and Criminal Intent in Legal Theory" »

Karl Popper's Critique of Utopian Political Thought

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Karl Popper: Critique of Utopian Political Thought

Karl Popper distinguished between two fundamental societal conceptions:

  • Closed Society

    A *mythic-rational conception* characterized by rigid standards, often upheld by tradition and totalitarian power.
  • Open Society

    A *rational design* where society prioritizes individual interests, featuring flexible rules that adapt when proven inefficient in solving problems.

The Triple Error of Utopian Conceptions

Popper identified three critical errors in utopian thinking:

  • The *epistemological error*: believing we possess thorough knowledge of society.
  • The *metaphysical error*: conceiving society as an entity separate and distinct from its constituent individuals.
  • The *ethical error*: asserting that the absolute
... Continue reading "Karl Popper's Critique of Utopian Political Thought" »

David Hume's Epistemology: Impressions, Ideas, and Knowledge Types

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Hume's Empiricism: Experience and the Origin of Ideas

David Hume believes that experience is the source of all knowledge. He asserts that initially, we only know that some of the representations that appear in consciousness are very sharp and intense, while others are faint. The first are called impressions (which may involve feeling or sensing). The latter are called ideas (which involve thinking). Assuming that impressions originate in the outside world is merely an assumption that Hume will investigate. True to the empiricist principle of admitting as true only what is the product of pure experience, Hume sets the fundamental rule of his work:

The Correspondence Principle

There can be no other source for ideas than impressions. Every idea must

... Continue reading "David Hume's Epistemology: Impressions, Ideas, and Knowledge Types" »

Descartes' Philosophy: Methodical Doubt and Existence

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Theory of Knowledge

In The Discourse on Method (1637), Descartes summarizes the rules of method for attaining true knowledge in these four:

  1. Do not accept as true anything that is not presented so clearly and distinctly that it does not fit doubt.
  2. Divide the problems up to the simple natures.
  3. Drive thoughts in order, going from the most simple to the more complex.
  4. Make enumerations so complete and reviews so general that you can be sure not to forget anything.

It is, therefore, necessary to remove (considered as false) everything that is possible to doubt. In the Meditations, we can distinguish three levels of subsequent radicalization of methodical doubt:

  1. He doubts that things are as they seem according to the testimony of the senses, as these have
... Continue reading "Descartes' Philosophy: Methodical Doubt and Existence" »

Ortega y Gasset: Philosophy of Life

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José Ortega y Gasset: Context

Ortega y Gasset was born in Madrid in 1883. He was a professor of metaphysics at the Central University of Madrid. He studied in Germany and acquired a solid neo-Kantian foundation, though he did not identify with this school. His work shows two main periods: the perspectivist period and the ratiovitalist period. Among his notable works are: History as a System, The Revolt of the Masses, and What is Philosophy?

Theme: The Categories of Life

The categories of life.

Key Ideas

  • Human life is a radical reality, as all other realities must appear within it.
  • Human life is doing something in order to exist.
  • Life is not something given to us, but something we make. Life is a continuous pursuit.
  • We are always compelled to do something,
... Continue reading "Ortega y Gasset: Philosophy of Life" »

Foundational Social Contract Theories: Locke, Rousseau, Hobbes

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John Locke's Liberal Social Contract

Locke's political thought is of great importance, as it forms the theoretical basis of the modern liberal state. His key tenets include:

  1. According to Locke, man is a social being by nature, possessing certain natural rights.
  2. In the state of nature, the most important rights are security and property. However, this coexistence may lead to excessive 'interest,' causing insecurity.
  3. Therefore, to address these interests, Locke advocates for building a state that guarantees the life and property of its members. The state's mission is to serve its members, ensuring their welfare and protecting their property, which it may not dispose of.
  4. To prevent any abuse of power or interests, power is split between the legislature
... Continue reading "Foundational Social Contract Theories: Locke, Rousseau, Hobbes" »

Plato's Theory of Knowledge: Degrees, Dialectic, and Recollection

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Plato's Theory of Knowledge

2.1 The Platonic Conception and Degrees of Knowledge

According to the Simile of the Line, there are two general forms of knowledge, which are further subdivided into two subtypes each:

1. Sensitive Knowledge (Doxa/Opinion)

This is second-order knowledge that only produces mere opinion (doxa). It is not real knowledge. It has two degrees:

  • 1.1 Conjecture or Imagination (Eikasia): Knowledge of images, shadows, and reflections of sensible things.
  • 1.2 Belief or Faith (Pistis): Knowledge of sensible things themselves.

2. Intellectual Knowledge (Episteme/Science)

This is knowledge of the universal (the Forms/Ideas). It also has two grades:

  • 2.1 Discursive Reason (Dianoia): This gives us knowledge of mathematical objects, which are
... Continue reading "Plato's Theory of Knowledge: Degrees, Dialectic, and Recollection" »

Key Figures in The Picture of Dorian Gray

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The Picture of Dorian Gray: Character Profiles

Oscar Wilde's The Picture of Dorian Gray features a cast of memorable characters whose lives intertwine with the enigmatic Dorian Gray. From the influential Lord Henry to the tragic Sibyl Vane, these figures drive the novel's exploration of beauty, morality, and corruption.

Central Figures in Dorian Gray's Story

  • Dorian Gray – A handsome and narcissistic young man who becomes enthralled with Lord Henry's idea of a new hedonism. He begins to indulge in every kind of pleasure, both moral and immoral, leading to his eventual corruption.
  • Basil Hallward – An artist deeply infatuated with Dorian's beauty. Dorian helps Basil realize his artistic potential, as Basil's portrait of Dorian proves to be his
... Continue reading "Key Figures in The Picture of Dorian Gray" »

Descartes: Rationalism, Method, and the Three Substances

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René Descartes (1596-1650)

René Descartes (1596-1650) was a philosopher and mathematician. He was a key figure in the development of rationalism.

Descartes' Method

He devised a method that would allow progress with secure knowledge. This method is divided into four parts:

  • Evidence: Do not accept anything that is not clearly evident to human reason.
  • Analysis: Divide the problem into smaller parts and examine each one.
  • Synthesis: Once you have the necessary elements, arrange them in an order, starting with the simplest and moving to the more complex.
  • Enumeration: Review the process to ensure nothing has been omitted or done incorrectly.

The First Question and the First Truth

Descartes doubted all knowledge to arrive at a universal question. This doubt... Continue reading "Descartes: Rationalism, Method, and the Three Substances" »

Descartes' Philosophy: Proving God's Existence and the Nature of Doubt

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Descartes' Arguments for God's Existence

The Argument from Perfection

The idea of God is not innate within us, nor does it come from external experience, because neither we nor the world are perfect. Therefore, this perfect idea must originate from a being that is truly perfect. If we, imperfect beings, possess the idea of perfection, this idea must have come from a being more perfect than ourselves. This being is God.

The Ontological Argument

This argument, primarily associated with Anselm of Canterbury, is also known as the ontological argument. Building on the concept of God as a supremely perfect being, Descartes argues that if we conceive of God as possessing all perfections, then existence must be one of those perfections. Therefore, God,... Continue reading "Descartes' Philosophy: Proving God's Existence and the Nature of Doubt" »