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Item type:Publication, La formulación de un estándar normativo de imparcialidad que incorpore la imparcialidad objetivo-cognitiva en el ordenamiento jurídico peruano: un estudio sobre la repercusión de la jurisprudencia de los tribunales internacionales de derechos humanos(Pontificia Universidad Católica del Perú, 2023-11-28)This article is a case study on the configuration of the duty of impartiality in the jurisprudential development of human rights courts and its influence on Peruvian domestic courts. In this line of reasoning, the way in which the distinction between subjective and objective impartiality —identified with the “theory of appearances”—has been constructed is analyzed and, later, the relationship between impartiality and cognitive bias is determined. This is done with the aim of criticizing the theory of appearances and proposing the formulation of a standard in which three dimensions of the guarantee of impartiality are distinguished: subjective, objective-functional and objective-cognitive. Finally, the distinction between external and internal judicial independence is addressed, and its difference with impartiality is determined. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, El problema del mal moral y del consentimiento en la violación sexual: un análisis filosófico(Pontificia Universidad Católica del Perú, 2022-05-26)This article addresses the problem of the moral wrong present in rape. To do so, it undertakes an analysis of John Gardner's proposal on the subject. Then, identifying what Gardner calls a pure case of rape, it explores the nature and characteristics of consent as a normative transformer. To this end, it addresses the discussion, within the philosophy of action, on what is the ontology of consent. Finally, and as a consequence of holding that consent is a mental state, some problems related to the knowledge of other people’s mental states, traditionally addressed as the problem of other minds in the philosophy of mind, are raised. Some consequences for the evidentiary analysis in cases of rape crimes are drawn from this analysis. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Una reconstrucción de la noción de ideología en La ideología alemana a partir de la filosofía de la historia(Pontificia Universidad Católica del Perú, 2020-06-18)“A Reconstruction of the Notion of Ideology in German ideology on the Basis of the Philosophy of History”. The present paper offers, first, a characterization of the Marxian notion of ideology, implicitly and explicitly developed from a materialist conception of history in The German Ideology, all of the above from the perspective of the philosophy of history. To this aim, secondly, the projects of philosophy of history in Hegel and Marx are compared, taking as a criterion of contrast the characterization of substantive philosophies of history developed by authors such as Carl Hempel and Arthur Danto. The main conclusion reached with this analysis is, in third term, that Danto and Hempel’s criticism of the substantive philosophy of history does not affect the Marxian historical-philosophical approach (in contrast with what happens in Hegel), because Marx does not have as a subject of history the deployment of the Idea but the action of human individuals who act in the world to meet their needs, realize and develop their institutions.