Safe-by-Design (SbD) is a new concept that urges the developers of novel technologies to integrate safety early on in their design process. A SbD approach could—in theory—support the development of safer products and assist a responsible transition to the bioeconomy, via the deployment of safer bio-based and biotechnological alternatives. Despite its prominence in policy discourse, SbD is yet to gain traction in research and innovation practice. In this paper, we examine a frequently stated objection to the initiative of SbD, namely (...) the position that SbD is already common practice in research and industry. We draw upon observations from two case studies: one, a study on the applicability of SbD in the context of bio-based circular materials and, two, a study on stakeholder perceptions of SbD in biotechnology. Interviewed practitioners in both case studies make claims to a strong safety culture in their respective fields and have difficulties differentiating a SbD approach from existing safety practices. Two variations of this argument are discussed: early attentiveness to safety as a strictly formalised practice and early attentiveness as implicit practice. We analyse these perceptions using the theoretical lens of safety culture and contrast them to the aims of SbD. Our analysis indicates that professional identity and professional pride may explain some of the resistance to the initiative of SbD. Nevertheless, SbD could still be advantageous by a) emphasising multidisciplinary approaches to safety and b) offering a (reflective) frame via which implicit attentiveness to safety becomes explicit. (shrink)

Companies that are serious about corporate governance and business ethics are turning their attention to gender diversity at the most senior levels of business . Board gender diversity has been the subject of several studies carried out by international organizations such as Catalyst , the World Economic Forum , and the European Board Diversity Analysis . They all lead to reports confirming the overall relatively low proportion of women on boards and the slow pace at which more women are being (...) appointed. Furthermore, the proportion of women on corporate boards varies much across countries. Based on institutional theory, this study hypothesizes and tests whether this variation can be attributed to differences in cultural settings across countries. Our analysis of the representation of women on boards for 32 countries during 2010 reveals that two cultural characteristics are indeed associated with the observed differences. We use the cultural dimensions proposed by Hofstede to measure this construct. Results show that countries which have the greatest tolerance for inequalities in the distribution of power and those that tend to value the role of men generally exhibit lower representations of women on boards. (shrink)

This paper argues for a coherentist theory of the justification of evidentiary judgments in law, according to which a hypothesis about the events being litigated is justified if and only if it is such that an epistemically responsible fact-finder might have accepted it as justified by virtue of its coherence in like circumstances. It claims that this version of coherentism has the resources to address a main problem facing coherence theories of evidence and legal proof, namely, the problem of the (...) coherence bias. The paper then develops an aretaic approach to the standards of epistemic responsibility which govern legal fact-finding. It concludes by exploring some implications of the proposed account of the justification of evidentiary judgments in law for the epistemology of legal proof. (shrink)

La presente contribución recoge el diálogo mantenido entre distintos filósofos del Derecho a propósito de la última obra del Profesor Massimo La Torre “Il diritto contro se stesso. Saggio sul positivismo giuridico e la sua crisi”. Al hilo del trabajo del citado autor, los participantes reflexionan sobre preguntas centrales para la teoría y filosofía del Derecho contemporánea: ¿cuál es la naturaleza del Derecho? ¿es el razonamiento jurídico eminentemente moral? ¿qué lugar debe ocupar la práctica jurídica en su conceptualización? ¿qué lugar (...) ocupa la fuerza en el Derecho? (shrink)

La política es inseparable de la ontología. Toda ontología es política y toda política es en sí misma una ontología. La relación recíproca entre ontología y política puede ser identificada como la cuestión de su “paralelismo”. Este paralelismo de lo ontológico y lo político encuentra su primera formulación teórica en el pensamiento de Spinoza, el cual es rehabilitado por Deleuze y Guattari en su propia filosofía en la forma de un materialismo radical, un “materialismo ontológico”.

The sight is the ousia of the eye, just as the soul is to the body: up to what point can the eye not see is only an eye by name. Blindness is the worst of privations in the sensible order, by virtue of the highest sense, to wit: the sight.

Il saggio affronta la questione se nel pensiero di Giovanni di Salisbury sia presente un pensiero mistico e quella di quali siano le relazioni con la sua teoria della conoscenza. Il pulchrum rappresenta uno dei temi tramite cui è possibile riflettere su tale questione, poiché problematizza il rapporto tra umano e divino, tra immanente e trascendente, su più livelli del discorso salisburiano. All’interno del generale atteggiamento scettico dell’autore, il pulchrum si articola nelle dimensioni dell’armonia musicale cosmica e umana, come proportio (...) o venustas; dei criteri di misura, numero e peso con cui Dio crea e che sono indici della sua ineffabilità in senso dionisiano; dell’armonia tra forma e contenuto proprie della retorica e della poesia; infine dell’ordine proporzionale che regola non solo il cosmo, ma anche la res publica. Il saggio conclude individuando un atteggiamento mistico, che non è propriamente pensiero mistico, nei momenti in cui maggiormente emergono gli aspetti di ispirazione dionisiana. The essay concerns the question of the possibility of mystical thought in the reflection of John of Salisbury and that of what is the relationship with his theory of knowledge. The pulchrum represents one of the themes through which one can approach this issue, because proves problematic the relationship between human being and God, immanent and transcendent, on multiple levels of John’s thought. Into his general sceptical attitude, the pulchrum is articulated in some dimensions of the musical harmony, both cosmic and human, such as proportio or venustas. In addition, it is understood as measure, number and weight with which God creates and that are signs of his ineffability in a Dionysian meaning. The concept of beauty is also related to the relationship between form and content concerning both rhetoric and poetry. Finally, it concerns the proportional order that regulates not only the cosmos, but also the res publica, in the moments in which the aspects of Dionysian derivation mainly emerge. (shrink)

Este articulo se sitúa en el punto de cruce entre spinozismo y feminismo. Retomando aspectos de la filosofia de Spinoza presentes en la lectura de Moira Gatens, se establecerá un entramado de conexiones entre las nociones de cuerpo y potencia, cuerpos e imaginarios, cuerpos sexuados y cuerpo politico, potencia y creación. The topic developed herein locates in the point where Spinozism and feminism cross over. Based on some aspects of Spinoza's thought as pointed out by Moira Gatens' reading, a lattice (...) of connections will be built based on the notion pairs: body and power, bodies and imageries, sexed bodies and political body, power and creation. (shrink)

Previous studies show that medical students in clinical training face ethical problems that are not often discussed in the literature. In order to make teaching timely and relevant for them, it is important to understand what medical students perceive as ethical problems, as various factors may influence their perception, including cultural differences and working environment. The purpose of this qualitative study was to explore students’ perceptions of what an ethical problem is, during their clinical training in the hospital, and compare (...) the results from two different countries. We observed a total of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools, in Indonesia and the Netherlands. Data were interpreted and analyzed using content analysis. We found that students in both settings encounter problems which are closer to their daily work and responsibilities as medical students and perceive these problems as ethical problems. Indonesian students perceived substandard care and inequity in healthcare as ethical problems, while Dutch students perceived that cases which are not matters of life and death are less worthy to discuss. Our study suggests that there might be a gap between ethical problems that are discussed in class with teachers, and problems that students actually encounter in practice. Teachers should be aware of the everyday situations in clinical training which may be perceived by students as ethically problematic and should acknowledge and discuss these ethical problems with students as part of the learning processes in ethics education. (shrink)

This short piece is the introduction to the Special Issue on ‘Virtue and the Law’ published by Jurisprudence in March 2019 (vol 9, issue 1). It explains the scope of the project and its place in the unfolding of virtue jurisprudence that has occurred in the past few decades, as well as introducing the topics addressed in the volume. In the first couple of pages the authors/editors outline a very brief genealogy of virtue jurisprudence and of its relation to both (...) legal theory and virtue theory. The rest of the text presents the contributions to the volume in turn, identifying some of the substantive issues addressed by each of them and their place in the investigation of the interface between virtue theory and legal theory. (shrink)

Negli studi sul pensiero medievale la questione delle filosofie francescane si presenta come controversa a proposito della definizione di una essenza del pensiero francescano – in relazione alla figura di Francesco d’Assisi –, di temi di riflessione specifici e del rapporto con le tradizioni filosofiche precedenti.Si tratta di un francescanesimo controverso pure all’interno di una stessa tradizione storiografica, come quella Neoscolastica, in cui studiosi come Gilson, Vignaux e Boehner ne hanno sottolineato il carattere prevalentemente agostiniano o aristotelico.Partendo dalla consapevolezza della (...) problematicità della questione, il saggio si sofferma sui possibili caratteri comuni delle teorie della conoscenza in alcuni pensatori francescani tra XIII e XIV secolo, come Pietro Giovanni Olivi e Pietro Aureolo, a partire dai concetti di conversio, intentio e reflexio e dal loro rapporto con la tradizione agostiniana.Si delineano così teorie della conoscenza che privilegiano l’attività e l’immediatezza del conoscere, sia per la conoscenza diretta sia per quella riflessa.Infine, tali caratteri si possono cogliere pure in un autore non francescano ma secolare come Nicola di Autrecourt, la cui teoria della conoscenza ha fatto parlare di un internalismo vicino a quello delle correnti francescane del XIV secolo. In conclusione, se da una parte non si può ipostatizzare l’idea di caratteri comuni del pensiero francescano, dall’altra si può forse parlare di un comune universo discorsivo in cui la figura di Francesco d’Assisi mostra la propria portata filosofica nella storia. In the History of Medieval Philosophy’s studies, the question of Franciscan philosophies has been the subject of controversy concerning the definition of an essence of Franciscan thought, about the relationship with Francesco d’Assisi, of specific topics of reflection and relationship with the previous philosophical traditions.It is a controversial Franciscanism even within the same historiographical tradition, such as the Neo-Scholastic one, in which scholars such as Gilson, Vignaux and Boehner have emphasised its predominantly Augustinian or Aristotelian character.Starting from the awareness of the problematic nature of the issue, the essay focuses on the possible common peculiarities of the theories of knowledge in some Franciscan thinkers between the 13th and 14th centuries, such as Pietro Giovanni Olivi and Pietro Aureolo, starting from the concepts of conversio, intentio, reflexio and their relationship with the Augustinian tradition.Thus the theories of knowledge are delineated which privilege the activity and the immediacy of knowing, both for direct and reflected knowledge.Finally, these features can also be grasped in a non-Franciscan but secular author like Nicola di Autrecourt, whose theory of knowledge has made mention of a type of internalism close to that of the 14th century Franciscan movement. Therefore, in conclusion, while on the one hand the idea of common particularities of Franciscan thought can not be hypostatised, on the other hand we can perhaps speak of a common discursive universe in which the figure of Francesco d’Assisi shows his philosophical significance in history. (shrink)

This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...) it is such that an epistemically responsible legal decision-maker would have accepted it as justified by virtue of its coherence in like circumstances. Last, looking beyond the coherence theory, the paper explores the implications of the version of legal coherentism proposed for a general theory of legal reasoning and rationality. (shrink)

This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.

This paper examines the normativity of law, that is, law’s capacity to guide behavior by generating reasons for action, from the perspective of virtue jurisprudence. It articulates a virtue-based model of law’s normativity according to which the law generates first order reasons for action (that is, loyalty-reasons) that need to be factored in citizens’ and legal officials’ practical reasoning, which consists, primarily, in the search for the best specification of the values involved in light of an account of the good (...) life and the role that the law plays wherein. The outcome of this piece of practical reasoning is a judgment about what ought to be done, the rightness of which depends, on the proposed model, on whether it is a judgment that a virtuous person would characteristically do in the circumstances. This model, it is argued, has distinctive features that set it apart from some prominent accounts of the normativity of law. It may, however, be disqualified as a plausible alternative account of the normativity of law on the grounds that it fails to provide action-guidance. The last part of the paper responds to this objection in a way that unveils the relevance of the social dimensions of virtue to law’s normativity. (shrink)

The aim of this essay is to develop a coherence theory for the justification of evidentiary judgments in law. The main claim of the coherence theory proposed in this article is that a belief about the events being litigated is justified if and only if it is a belief that an epistemically responsible fact finder might hold by virtue of its coherence in like circumstances. The article argues that this coherentist approach to evidence and legal proof has the resources to (...) meet some of the main objections that may be addressed against attempts to analyze the justification of evidentiary judgments in law in coherentist terms. It concludes by exploring some implications of the proposed version of legal coherentism for a jurisprudence of evidence. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

En los últimos años, ha habido un creciente interés en analizar los problemas relativos a la epistemología de la prueba jurídica. En distintas culturas jurídicas, las cuestiones de prueba y razonamiento acerca de los hechos han sido abordadas desde diversas perspectivas. La cultura jurídica latinoamericana no es, en este sentido, una excepción: hay actualmente un vigoroso grupo de juristas en la región que se ha ocupado de estudiar problemas relativos a los procesos probatorios en el Derecho...

O presente estudo se propõe analisar como a produção de conhecimento, em dois periódicos locais em Duque de Caxias: a Revista Hidra de Igoassú e a Revista Pilares da História, abordam a temática das culturas afro brasileiras. Assim, o objetivo é identificar como os agentes de produções estão conectadas as agências na cidade de Duque de Caxias e como articulam as produções para projetação e divulgação de ações patrimoniais na cidade. Palavras-chave: Baixada Fluminense, Culturas afro brasileiras, História Local.

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RESUMEN La trayectoria fijada en este artículo busca explorar una geografía mental o atmósfera ambiente donde el encuentro y relevo entre imaginarios singulares permita trazar una nueva cartografía en la que pensamiento crítico y decolonialidad converjan hacia un horizonte común. Por lo tanto, daré nuevo curso al tránsito que conduce de una razón insular a una razón archipiélica, explorando y rastreando la imagen de la isla emergente en diversos textos filosóficos y en ensayos sobre el Caribe. El itinerario trazado parte (...) de "la isla del entendimiento" en la Crítica de la razón pura, pasando por La Atlántida y La nueva Atlántida, retoma su rumbo hacia "La isla desierta" y La isla que se repite, para acostar finalmente sobre La isla encallada. ABSTRACT This article embarks upon a new journey that explores a mental geography or ambient atmosphere, where the encounter and relief amongst singular imaginaries allows one to trace a new cartography, one in which critical and decolonial thought may converge in a common horizon. Thus, undertaking anew the transit that leads from an insular reason to an archipelagic reason, by tracing the forms taken by the image of the island in different texts, is proposed. Accordingly, our point of departure will be the "island of understanding" in the Critique of Pure Reason, we will pass swiftly through Atlantis and The New Atlantis, then we will move on to "the desert island" and The island that repeats itself to finally land on The stranded island. (shrink)

Peirce’s category of Firstness is first and fundamental. Without Firstness, we can say, nothing can (later) be – no time, no space, no things, no processes, no growth, no regularities, and no thoughts – hence, nothing of which we can ever conceive. However, despite the fundamentality of Peirce’s category of Firstness, we still do not believe that it has received the attention that it rightly deserves; not by Peirce himself, nor by his commentators. In the following we will, therefore, look (...) at the category of Firstness and try to give a modest glimpse of its fundamentality in relation to four other of Peirce’s central concepts: namely, evolution, consciousness, icon, and, finally, abduction. (shrink)

In this paper I shall address the connections between Deleuze and Guattari’s philosophy and Caribbean thought. However, I will only focus on Antonio Benítez Rojo’s essay The Repeating Island, since I have found in it the presence—or expression—of some key deleuzian and deleuzo-guattarian concepts. I will use the deleuzian concept of repetition to defend this stance, as well as to argue that one may find some of the most interesting readings of Deleuze’s texts in the work of Caribbean authors such (...) as Benítez Rojo, not only in spite of their relative understanding and lack of exegetical rigour, but rather thanks to the fact that this is, in no case, their main intention. The angle I have chosen does not intend to point out consistencies or inconsistencies in Benítez Rojo’s “appropriations” or “rewritings” of Deleuze and Guattari, for this would only keep us within the logic of the copy versus the original. Instead, this reading tries to destabilize the boundaries between philosophy and literature as well as between French and Caribbean thought. The undoing of these types of distinction intends to produce a new theatre of thought, a theatre of repetition, not of representation, in order to set up the scene for a contrapunteo between two images of thought: one deleuzian, the other Caribbean. Thus, we embark upon this journey hoping to have an encounter that promises yet another becoming to Deleuze’s philosophy. The angle I have chosen does not intend to point out consistencies or inconsistencies in Benitez Rojo’s “appropriations” or “re-writings” of Deleuze-Guattari, for this would only keep us within the logic of the copy versus the original. Instead, this reading tries to destabilize the boundaries between philosophy and literature as well as between French and Caribbean thought. The undoing of these types of distinction intends to produce a new theatre of thought, a theatre of repetition not of representation in order to set up the scene for a contrapunteo between two images of thought: one deleuzian, the other Caribbean. Thus, we embark on this journey hoping to have an encounter that promises yet another becoming of Deleuze’s philosophy. (shrink)

Aristotle on privation and causality. Here are considered two main problems: the problem of the cause of privation, i.e. of evil, and the problem of privation as a cause. Privation, nonetheless its negativity, represents one of the inner principles of change and can be also considered as the cause of failures, on the one side, and as the cause of chance and luck, on the other side.

In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis (...) of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making. (shrink)

What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law (...) sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues and judicial vices ; the values and dangers of certain imaginative devices ; and the interactive and social dimensions of virtue, emotion and imagination. (shrink)

This paper articulates an egalitarian conception of judicial humility and justifies its value on the grounds that it importantly advances the legal and political ideal of fraternity. This account of the content and value of the virtue of humility stands in sharp contrast with the dominant view of judicial humility as deference or judicial restraint. The paper concludes by discussing some ways in which the account of humility and of its value provided in the paper furthers our understanding of the (...) judicial virtues and of the political implications of giving virtue a role in adjudication. (shrink)

This paper develops a virtue-account of legal reasoning which significantly differs from standard, principle-based, theories. A virtue approach to legal reasoning highlights the relevance of the particulars to sound legal decision-making, brings to light the perceptual and affective dimensions of legal judgment, and vindicates the relevance of description and specification to good legal reasoning. After examining the central features of the theory, the paper proposes a taxonomy of the main character traits that legal decision-makers need to possess to successfully engage (...) in legal reasoning. The paper concludes by discussing an array of strategies in legal education, institutional design, and legal culture that can be put in place to work virtue in legal decision-making. (shrink)

Charles Peirce provided a few, but interesting we believe, remarks about metaphor. Aristotle on the other hand developed a theory of metaphor that, to this day has been, and still is, influential (even though his theory, especially within recent years, also has been heavily criticized, e.g., by Lakoff, George & Mark Johnson. 1980. Metaphors we live by. Chicago: Chicago University Press). Factor, Lance R. 1996. Peirce’s definition of metaphor and its consequences. In Vincent Colapietro & Thomas Olshewsky (eds.), Peirce’s doctrine (...) of signs: Theory, applications, and connections, 229–235. Berlin/new York: Mouton De Gruyter, as one of very few scholars, makes a comparison between Peirce and Aristotle. Factor claims that Peirce’s definition of metaphor and its consequences undermine and overturn Aristotle’s theory. We do not believe that Factor is right; and this is due to Factor’s misinterpretation of key elements within Aristotle’s theory. We rather believe that Peirce and Aristotle, in fact, have central ideas in common concerning metaphor; perhaps, in particular, when it comes to the function of metaphor. Hence, both see, for example, metaphor as a cognitive mechanism. The article tries to develop this argument. (shrink)