Instead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty innovatively, holistically and in depth. Using a method at once analytical and functional, Professor Ávila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended. No subject is more important and topical (...) than legal certainty. Problems relating to lack of understanding, instability and unpredictability of law intensify day by day everywhere, in civil law and common law countries alike. Normative sources are increasingly diverse in origin and multiple in nature. They change constantly, and present increasingly frequent problems of ambiguity and vagueness that significantly hinder their comprehension. This state of affairs, which to a greater or lesser extent is true of any legal order, justifies a return to the subject of legal certainty. In this book, essential questions are answered such as: Legal certainty in what sense? Certainty of what, for whom, in whose vision and by whom? When, to what extent, and to what end? “ it is probably the most comprehensive and systematic study ever produced on this subject using the analytical method.”. (shrink)

Questão nos debates da doutrina e da jurisprudência, este livro trata da distinção entre princípios e regras. Para tanto, esmiúça os conceitos e os aspectos da garantia de sua aplicação e de sua efetividade.

Through expert analysis, this text proves that John Dewey's views on efficiency in education are as relevant as ever. By exploring Deweyan theories of teaching and learning, the volume illustrates how they can aid educators in navigating the theoretical and practical implications of accountability, standardization, and assessment. The Contemporary Relevance of John Dewey's Theories on Teaching and Learning deconstructs issues regarding accountability mechanisms, uniform assessment systems, and standardization processes through a Deweyan lens. Connecting the zeitgeist of the era from which (...) Dewey's ideas emerged and current global political, social, and economic contexts, the book emphasizes the importance of resilient systems in reconciliating the tension between standardized assessments and individual student development. Contributors provide insights from a range of settings across Pre-K, primary, secondary, and higher education and address topics including teacher agency, voice, leadership, and democracy. The volume will be of interest to scholars, researchers, and academics with an interest in philosophy of education, education policy and the impact of neoliberal agendas, as well as teaching and learning more broadly. (shrink)

Sense and Uncertainty presents a phenomenological account of the possibility of rational action amid the challenges posed by violence, volatile conditions, uncertain outcomes, and social dependence. The book asks us to consider the following: We are often forced through violence to do things that do not make sense for us except to avoid retaliations, punishments, or the various evils that others might inflict on us. We inhabit a world that escapes our control. This involves living in uncertainty concerning the things (...) that we might suffer and do, that is, the things that might happen to us and the results of our actions. We are dependent on others and collaborate with them in ways that make it impossible to fully understand the sense of our own actions and practical intentions. Rationality involves insightful thinking about the world and our emotional responses to it, something we do in our everyday lives, whether consciously or without awareness. Sense and Uncertainty attempts to make explicit and to clarify the implications of this conceptually neglected aspect of our rationality: namely, that it involves paying attention to our emotions and values. An ethical life in which we can act meaningfully in the face of violence and uncertainty, and in which we can make sense of our vulnerability and dependence on others, demands that we think about and seek insight into how we love, why we hope, and in whom or in what we trust. The phenomenological ethics presented in Sense and Uncertainty draws on the works of Western canonical philosophers like Edmund Husserl, Max Scheler, Simone de Beauvoir, Anthony Steinbock, and José Ortega y Gasset, as well as on those of Latin American thinkers such as Luis Villoro, Rita Segato, and Augusto Salazar Bondy, among others. (shrink)

Este libro es parte de la colección e-Libro en BiblioBoard.

La atenci n de este estudio se centra en la vertiente metodol gica de la econom a, ya que su desarrollo ha motivado una creciente reflexi n metodol gica que ata e tanto a la disciplina en conjunto como a sus distintas ramas. el inter s que puede suscitar se dirige tanto a fil sofos preocupados por el devenir de la ciencia como de economistas abiertos al aspecto humano de su saber.

An argument for an updated definition of 'human being'.

In this paper we state that, up to now, scholars have read the Husserliana—that is Husserl’s official texts—only partially. This statement must be considered within the History of phenomenology and, more precisely, with-in the history of Husserlian studies: from Heidegger to Jean-Luc Marion, including Levinas, Ingarden, Sartre, Merleau-Ponty and so on, Husserl’s texts have been read only partially. With the exception of some analysis proposed by Derrida—or, nowadays, by Natalie Depraz or Elianne Escoubas—, and as far as I know, all (...) the interpretations of Husserl’s texts have considered them just as a support to ex-pose theories or to describe phenomena, but not in themselves, that is, not as texts. Our aim here is then to propose a new perspective to to phenomenalize Husserliana as a text and focus precisely on Husserl’s praxis of writing. Here we will develop specially an analysis of one mode of writing used in Husserl’s praxis of writing and called: bildliche Rede. We will finally compare the results of our analysis to Heidegger’s and Jean-Luc Marion’s praxis of writing.Podem afirmar que, fins avui, els in-vestigadors han llegit la Husserliana —és a dir, els textos de Husserl publicats de manera ofici-al— només parcialment. Cal considerar aquesta afirmació en el marc de la Història de la feno-menologia i, més precisament, en el marc de la història del estudis husserlians: des de Heidegger fins a Jean-Luc Marion —més de cent any de fenomenologia—, els textos de Husserl han estat considerats només com a suport per a exposar teories o descriure fenòmens, però no s’han considerat en ells mateixos, és a dir, no com a textos. Posant en pràctica l’acció de “llegir fenomenologia” en un nou sentit fort del verb “llegir”, aquest article comença identificant els diferents modes de la praxis d’escriptura de Husserl. Després ens concentrarem en un d’aquests modes d’enunciació, anomenat “bildliche Rede”, per desenvolupar així una història de la figurativitat. Finalment, esbossa-rem una breu comparació dels resultats amb la praxis d’escriptura de Heidegger i Marion. (shrink)

Recently, the mechanistic framework of active inference has been put forward as a principled foundation to develop an overarching theory of consciousness which would help address conceptual disparities in the field (Wiese 2018 ; Hohwy and Seth 2020 ). For that promise to bear out, we argue that current proposals resting on the active inference scheme need refinement to become a process theory of consciousness. One way of improving a theory in mechanistic terms is to use formalisms such as computational (...) models that implement, attune and validate the conceptual notions put forward. Here, we examine how computational modelling approaches have been used to refine the theoretical proposals linking active inference and consciousness, with a focus on the extent and success to which they have been developed to accommodate different facets of consciousness and experimental paradigms, as well as how simulations and empirical data have been used to test and improve these computational models. While current attempts using this approach have shown promising results, we argue they remain preliminary in nature. To refine their predictive and structural validity, testing those models against empirical data is needed i.e., new and unobserved neural data. A remaining challenge for active inference to become a theory of consciousness is to generalize the model to accommodate the broad range of consciousness explananda; and in particular to account for the phenomenological aspects of experience. Notwithstanding these gaps, this approach has proven to be a valuable avenue for theory advancement and holds great potential for future research. (shrink)

Journal of Applied Philosophy, EarlyView.

To become a unifying theory of brain function, predictive processing must accommodate its rich representational diversity. Gilead et al. claim such diversity requires a multi-process theory, and thus is out of reach for PP, which postulates a universal canonical computation. We contend this argument and instead propose that PP fails to account for the experiential level of representations.

In this article I argue that a high capacity for courage, in the sense of the strength of character that enables one to face distress, angst or psychological pain, is required of Hume’s ideal critics just as the other well-known five characteristics are. I also explore the implications of my proposal for several aspects of Hume’s aesthetics, including the one brought into relief by Shelley’s interpretation of Hume along the lines of distinguishing between the perceptual and affective stages in aesthetic (...) appreciation. (shrink)

Among the advocates of expressive theories of punishment, there is a strong consensus that monetary fines cannot convey the message of censure that is required to punish serious crimes or crimes against the person. Money is considered an inappropriate symbol to express condemnation. In this article, I argue that this sentiment is correct, although not for the reasons suggested by advocates of expressivism. The monetary day-fine should not be understood as a simple deprivation of money, but as a punishment that (...) reduces the offender’s capacity to consume for a certain period of time. Conceived in this manner, I argue that it is perfectly suitable to convey censure. However, the practical impossibility of ensuring that the person who pays the fine is the same person who has been convicted of the offense seriously undermines the acceptability of the monetary fine as an instrument of censure. Minimizing the risk of the fine’s hard treatment being transferred to third parties is a necessary condition for the monetary fine to be considered a viable alternative to lengthy prison sentences. (shrink)

El aumento en la producción y consumo de frutas y hortalizas mínimamente procesadas de los últimos años ha con­tribuido a incrementar las toxiinfecciones alimentarias asociadas al consumo de productos vegetales frescos. Esto es debido a que los tratamientos desinfectantes llevados a cabo actualmente por industria de IV gama son insuficientes para garantizar la seguridad microbiológica de los productos finales, y además estos no reciben ningún tratamiento capaz de eliminar todos los patógenos antes de su consumo. Por lo tanto, es necesario (...) utilizar estrategias al­ternativas para reducir los microorganismos patógenos y alteran­tes en frutas y hortalizas. La bioconservación, mediante el uso de microorganismos o sus metabolitos, es una alternativa que, en combinación con las prácticas habituales, puede reducir o prevenir el crecimiento de patógenos en productos mínimamente procesa­dos, mejorando su calidad microbiológica. En este artículo se pre­sentan los resultados más relevantes sobre la bioconservación de frutas y hortalizas mínimamente procesadas. (shrink)

This dissertation provides an analysis of both the text and the context of the philosophy of love developed by Judah Abravanel, also known as Leone Ebreo . As a member of one of the most prestigious Jewish families of the Renaissance, Leone Ebreo was born and raised in Portugal, found temporary refuge in Spain and, after the exodus of 1492, lived most of his life in Renaissance Italy as a man-in-exile. His Dialoghi d'amore, which were first published in Rome in (...) 1535, are a conversation of and about love between a man and a woman, i.e., Filone and Sofia . We defend that the work was intended as a parable or diagram about the very nature of Philo-Sophy, and, at the same time, as a profound elaboration of the cosmic or transcendental nature of love itself. The Dialoghi d'amore are, thus, both a dramatic representation of a particular philosophy of love and a demonstration of how philosophy as such constitutes a form of love. ;A detailed analysis of Leone Ebreo's thought, both a major example of Renaissance Philosophy and a model of interpretation, will here be the way toward progress in our own philosophical treatment of love and of the ontological condition it manifests. Since they constitute a paradigmatic example of philosophical eclecticism in the Renaissance, the Dialoghi d'amore will be read as the representative encyclopedia about the culture of sixteenth-century Europe that they in fact are. ;Through a con-textual reading of Leone Ebreo's work we try to illustrate both the philosophical importance and the existential relevance of a text that, located as it is at a crucial moment of transition between the Middle Ages and the Modern Age, is clearly centered upon the Idea of Love and, as such, came to play a significant role in the development of European thought and letters. (shrink)

Synaesthesia is a condition in which one type of stimulation evokes the sensation of another, as when the hearing of a sound produces photisms, i.e. mental percepts of colours. R is a 20 year old colour blind subject who, in addition to the relatively common grapheme-colour synaesthesia, presents a rarely reported cross modal perception in which a variety of visual stimuli elicit aura-like percepts of colour. In R, photisms seem to be closely related to the affective valence of stimuli and (...) typically bring out a consistent pattern of emotional responses. The present case study suggests that colours might be an intrinsic category of the human brain. We developed an empirical methodology that allowed us to study the subject's otherwise inaccessible phenomenological experience. First, we found that R shows a Stroop effect elicited by photisms despite the fact that he does not show a regular Stroop with real colours. Secondly, by manipulating the colour context we confirmed that colours can alter R's emotional evaluation of the stimuli. Furthermore, we demonstrated that R's auras may actually lead to a partially inverted emotional spectrum where certain stimuli bring out emotional reactions opposite to the normal ones. These findings can only be accounted for by considering R's subjective colour experience or qualia. Therefore the present paper defends the view that qualia are a useful scientific concept that can be approached and studied by experimental methods. (shrink)

Objetivamos elaborar um balanço sobre lógica das perguntas científicas na produção do conhecimento stricto sensu. Tomamos como fontes 100 dissertações e 32 teses escritas por docentes que trabalham em cursos de Educação Física no Estado da Bahia – 1982 a 2018, abordando enquanto objeto a lógica instituída pelas perguntas científicas na referida produção. Trata-se de uma pesquisa documental, tendo como método o materialismo histórico e dialético. Os resultados apontam que 48% das produções têm suas perguntas de investigação construída a partir (...) da lógica formal; 28% apresenta uma lógica dialética na elaboração das perguntas científicas; e 24% não apresentam problema de investigação. (shrink)

Germany is joining a long list of European democracies that have modified or expressed a willingness to modify their citizenship laws to denationalize first and then prevent the return of or expel those citizens accused of having participated in terrorist activities abroad. The formal labelling of citizenship deprivation as an administrative measure outside the scope of criminal justice has prevented scholars of criminal law from undertaking a thorough scrutiny of its legitimacy. In this paper I seek to fill this gap. (...) Specifically, after demonstrating why deprivation of citizenship is a measure of a criminal nature, I argue against its legitimacy, either as a punishment or as a risk-based measure. Instead I propose that we should understand citizenship deprivation as a paradigmatic response from an illegitimate enemy criminal law. Notwithstanding the foregoing, I claim that states that choose to denationalize terrorists should do it within the framework of a process with the highest (criminal procedural) guarantees. (shrink)

This article puts forward solutions to some of the ethical and legal dilemmas posed in the current discussion on how to program crash algorithms in autonomous or self-driving cars. The first part of the paper defines the scope of the problem in the criminal legal field, and the next section gives a critical analysis of the proposal to always prioritise the interest of the occupant of the vehicle in situations with conflict of interests. The principle of minimizing social damage as (...) a model for configuring self-driving cars is examined in the third section. Despite its apparent plausibility, within the framework of a liberal legal system that recognises humans as free agents who have rights and responsibilities, maximizing the function of social utility does not justify harmful interference into a person’s legal sphere. Therefore, in the fourth part, the author argues the need to program the crash algorithms of autonomous cars based on a deontological understanding of the system of justifications in criminal law. The solution to the dilemma lies in a prior analysis of the legal positions of all agents involved in the conflict, from a perspective of the principles of autonomy and solidarity as the core of the system of justifications. (shrink)

Scientifically speaking, quantum mechanics (QM) is the most successful theory ever made. Philosophically speaking, however, it is the most controversial theory. Its basic principles seem to contravene our deepest intuitions about reality, which are reflected in the metaphysical commitments of classical mechanics (CM). The aim of this paper is twofold. First, I argue that QM implies an ontological challenge, and not merely an “ontic” one, as it has been traditionally interpreted in the analytic tradition. Second, I suggest that positions known (...) as “ontological pluralism” exhibit an internal weakness due to its unwarranted compromise to a representational view of scientific theories. (shrink)