Notes, summaries, assignments, exams, and exercises for Philosophy and ethics for University

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...

I. Foundations of Employment

1. Scope of Application

2. Special Employment Relationships

3. Sources of the Employment Relationship

II. Rights and Duties

4. Labor Rights

5. Employee Duties

III. Special Employment Conditions

6. Work of Minors

7. Capacity to Contract

IV. Employment Contracts

8. Form of the Contract

9. Validity of the Contract

10. Joint Work and Group Work

11. Training Contracts

12. Part-Time and Relay Contracts

13. Telework Agreement

14. Probationary Period

15. Duration of the Contract

V. Workplace Principles

16. Entry into Employment

17. Non-Discrimination in Employment

18. Inviolability of the Worker's Person

19. Health and Safety at Work

20. Direction and Control of Work Activity

21. Non-Compete and Retention Clauses

VI. Career and Compensation

22. Job

Human Labor and the Juridification of Social Conflict

Labor Law is a system of rules governing social relations based on human labor. It does not regulate all work, but only the originator of social relations that arise when one person agrees to work for another in return for a salary. Labor Law does not regulate the economic benefits of the worker themselves (self-employment) because its mission is the regulation of "social relations" that are not found in self-employment.

Work done on behalf of another person is called "gainful employment" and has existed since ancient times. Humanity has always had to work to meet its needs, and this work has generated human relationships. These labor relations are based on exchange; specifically, an exchange...

Accounting: Definition and Purpose

Accounting is an empirical science, economic in nature, designed to provide information previously captured, represented, and measured by appropriate methods regarding the status and evolution of economic reality, in order to be useful in the decision-making process.

What Is the Conceptual Framework?

The conceptual framework is the theoretical support for the rules governing accounting practice. Pereda Tua defined it as "an interpretation of general accounting theory, establishing through a logical-deductive route the conceptual foundations on which financial information rests," acting as a constitution for accountants.

Usefulness of the Conceptual Framework

• Rules cannot cover all future casuistry; the framework

Science in Western Europe: The Universities

Once the tenth and eleventh centuries were reached, beginning with economic and population growth in Europe, culture was a matter for clerics and church people, taking place mainly within the walls of monasteries. But from the twelfth century, cities expanded, and culture rose above the old monastic walls, moving to develop at the cathedral school. Here, the liberal arts from Antiquity were taught, grouped into the quadrivium (arithmetic, astronomy, geometry, and music) and the trivium (arts of eloquence: grammar, rhetoric, and dialectic/logic).

The Emergence of the University

Amid this intellectual ferment came the university. The University was a partnership that lacked formal institutional structure...

Crimes Against Traffic Safety

The typical behavior involves operating a motor vehicle or moped; therefore, the active subject can only be the driver. This is a personal crime, allowing for co-authorship (e.g., a driving instructor) and other forms of participation (e.g., induction of a passenger). The legal protection is traffic safety.

Driving Under the Influence

Article 379 of the Penal Code states: "Anyone who drives a motor vehicle or a moped under the influence of toxic drugs, narcotics, psychotropic substances, or alcoholic beverages."

Reckless Driving

"Anyone who drives a motor vehicle or a moped with gross negligence, placing the life or personal integrity of others in particular danger." This includes driving under the influence of alcohol...

Main Works

An Essay Concerning Human Understanding (1684)

• Empiricism: Unlike Hobbes, Locke held a less pessimistic view of human nature.
• Tabula Rasa: Locke believed in the power of education to shape individuals from childhood.
• Cognitive Limits: He explored the inherent boundaries of human understanding.

A Letter Concerning Toleration (1689)

• Church and State: Advocated for the separation of religious institutions from government authority to ensure peace.
• Persuasion over Violence: Argued that religious conversion should occur through persuasion rather than force.
• Freedom of Conscience: By removing the state's coercive power from religion, Locke sought to eliminate the root cause of religious wars.

Some Thoughts Concerning Education (1693)

Note: While...

Immanuel Kant: The Critical Problem

Kant poses four fundamental questions:

• What can I know?
• What should I do?
• What may I expect?
• What is man?

These are addressed respectively in the Critique of Pure Reason, the Critique of Practical Reason, the Critique of Judgment, and throughout his collective works. Kant explores these because he lived during the Enlightenment, a cultural movement arguing that humanity has reached maturity through the use of reason.

Theoretical Use of Reason

Kant examines the limits of human knowledge to determine:

1. What constitutes genuine science.
2. Whether metaphysics can be considered a science.

The Status of Metaphysics

There are three primary reasons to doubt that metaphysics is a science:

• It has failed to progress.
• There is no consensus

The Archaic and Mysterious Nature of Philosophy

Philosophy suggests, first, an idea that is archaic and mysterious, with roots that run deep and stand the test of time, once reserved only for initiates. This idea also evokes the art of living quietly, reflectively, and with a serene valuation of external things and events, maintaining an imperturbable interior. That which produces a general view is what philosophers do—men who are seen as possessors of a "useless" yet profound knowledge.

Etymological Roots and the Love of Truth

Etymologically, philosophy is defined as the love of wisdom (sabiduría). To know is nothing other than to possess true knowledge; therefore, philosophy can also be defined as the love of truth. This love of truth is...

Problems Regarding Sociology's Origin

As a formal science, sociology arose not because a specific field of study was discovered, but because other existing sciences explored certain areas of knowledge that required a new intellectual activity.

We studied the views of three authors on the origins of sociology:

Hobhouse

Distinguishes three roots from which sociology emerged: two of ancient origin (political philosophy and philosophy of history) and a more modern origin (Biology).

Of the two sciences of ancient origin, the need emerged to rely on more concrete facts and organize them in such a way as to allow and facilitate comparisons both over time and across countries and societies.

The search for these data favored the creation of a new discipline...