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.

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)

Virtually all philosophers agree that for a belief to be epistemically justified, it must satisfy certain conditions. Perhaps it must be supported by evidence. Or perhaps it must be reliably formed. Or perhaps there are some other "good-making" features it must have. But does a belief's justification also require some sort of awareness of its good-making features? The answer to this question has been hotly contested in contemporary epistemology, creating a deep divide among its practitioners. Internalists, who tend to focus (...) on scientific or theoretical beliefs as the ideal, insist that such awareness is required for justification. Externalists, who think children's ordinary beliefs in obvious facts are paradigm cases of justified belief, say it isn't required. Michael Bergmann's book offers a decisive refutation of internalism and a sustained defense of externalism. (shrink)

Actualism is the thesis that necessarily everything that there is exists. Serious actualism is the thesis that necessarily no object has a property in a world in which it does not exist. In this paper I present a new argument from actualism to serious actualism.

La lección de Weber sobre la democracia es doble. Por un lado, la precisión acerca de qut actores y qut procesos son claves en su estudio -lidera, burocracia, partidos, búsqueda del poder, responsabilidad, &c.- y, por otro, la convicción acerca de los limites de lo posible en una democracia. P..

In spite of the relevance of Aurelius Augustine (354-430) for the intellectual environment in which Søren Kierkegaard (1813-1855) lived, the studies concerning the relations between these two thinkers are still incipient. In this field of investigation, one of the most intriguing questions is the fact that Kierkegaard apparently changed his view of the Bishop of Hippo, going from admiration during the decade of 1840 to disapproval during the decade of 1850. This paper intends to examine how the problems of truth (...) and of the relations between time and eternity, as approached by Augustine in his works Confessions and The Teacher, are strongly related to the Christian doctrine of creatio ex nihilo, and how the arguments developed in these Augustinian books can be read as presuppositions of the arguments that support the Kierkegaardian idea of Absolute Paradox developed centuries later by the Danish philosopher in his book Philosophical Fragments, published under the pseudonym Johannes Climacus in 1844, when the thinker of Copenhagen still seemed to express a great admiration for the Roman-Berber priest of Late Antiquity. Keywords: Kierkegaard, Augustine, time, eternity, truth. (shrink)

En el presente trabajo se propone un estudio comparativo de las producciones de algunos referentes de la Investigación Participativa. Se revisan algunos de los textos de Orlando Fals Borda, Paulo Freire, João Bosco Guedes Pinto, Michel Thiollent, María Teresa Sirvent y Joel Martí. Este trabajo se inscribe en el proceso reciente de transformación universitaria en Uruguay, en particular, en una de sus iniciativas: la de la integración curricular de la extensión a través de lo que se ha denominado “prácticas universitarias (...) integrales”. En este marco, la reflexión teórico-metodológica sobre la extensión crítica y las prácticas de investigación-acción conectadas con ella resultan fundamentales para dotar las iniciativas en curso de mayor pertinencia académica y potencial transformador. (shrink)

"Knowing how we know" is the subject of this book. Its authors present a new view of cognition that has important social and ethical implications, for, they assert, the only world we humans can have is the one we create together through the actions of our coexistence. Written for a general audience as well as for students, scholars, and scientists and abundantly illustrated with examples from biology, linguistics, and new social and cultural phenomena, this revised edition includes a new afterword (...) by Dr. Varela, in which he discusses the effect the book has had in the years since its first publication. (shrink)

Challenges to Moral and Religious Belief contains fourteen original essays by philosophers, theologians, and social scientists on challenges to moral and religious belief from disagreement and evolution. Three main questions are addressed: Can one reasonably maintain one's moral and religious beliefs in the face of interpersonal disagreement with intellectual peers? Does disagreement about morality between a religious belief source, such as a sacred text, and a non-religious belief source, such as a society's moral intuitions, make it irrational to continue trusting (...) one or both of those belief sources? Should evolutionary accounts of the origins of our moral beliefs and our religious beliefs undermine our confidence in their veracity? This volume places challenges to moral belief side-by-side with challenges to religious belief, sets evolution-based challenges alongside disagreement-based challenges, and includes philosophical perspectives together with theological and social science perspectives, with the aim of cultivating insights and lines of inquiry that are easily missed within a single discipline or when these topics are treated in isolation. The result is a collection of essays--representing both skeptical and non-skeptical positions about morality and religion--that move these discussions forward in new and illuminating directions. -/- Contributors: Robert Audi, University of Notre Dame; Michael Bergmann, Purdue University; Sarah Brosnan, Georgia State University; William FitzPatrick, University of Rochester; John Hare, Yale University; Timothy P. Jackson, Emory University; Patrick Kain, Purdue University; Jordan Kiper, University of Connecticut; Dustin Locke, Claremont McKenna College; Charles Mathewes, University of Virginia; Mark C. Murphy, Georgetown University; John Pittard, Yale Divinity School; Walter Sinnott-Armstrong, Duke University; Richard Sosis, University of Connecticut; Sharon Street, New York University; Joshua Thurow, University of Texas at San Antonio; Ralph Wedgwood, University of Southern California. (shrink)

RESUMEN Se analiza la relación entre las memorias inscritas en el cuerpo, el trauma y los recursos corporizados subjetivos y colectivos con los que cuentan las mujeres víctimas de violencia para reconstruir y resignificarse como personas dignas de credibilidad y agentes de cambio. Se refieren casos específicos de violencia sexual en Colombia y se expone la importancia de la creación de comunidades de confianza que propicien espaclos para la narración y escucha de los testimonlos de víctimas, la tramitación de conflictos (...) y nuevas vías de afrontamiento, a partir de los recursos que brinda la reinvención de hábitos corporizados en el arte. ABSTRACT The article analyzes the relation among memories inscribed in the body, trauma, and the subjective and collective embodied resources available to women victims of violence in order to reconstruct and resignify themselves as persons worthy of credibility and as agents of change. It discusses specific cases of sexual violence in Colombia and the importance of creating communities of trust that foster spaces for narrating and listening to the testimonies of victims, as well as for handling conflicts and exploring new ways of coping, on the basis of the resources provided by the reinvention of habits embodied in art. (shrink)

El presente trabajo tiene como objetivo conocer las características sociodemográficas y laborales de las mujeres indígenas migrantes hidalguenses que se dedican al trabajo doméstico en el estado de Nuevo León, México. Para alcanzar este objetivo se explorarán la encuesta intercensal del 2015. En comparación con otros movimientos migratorios, la migración interna de mujeres en México ha sido poco estudiada, en particular la protagonizada por población indígena. Entre los principales resultados encontramos que las mujeres migrantes hidalguenses que se dedican al trabajo (...) doméstico remunerado en Nuevo León tienen condiciones de precariedad laboral como producto de la institucionalización social, cultural y jurídica de la desigualdad y la injusticia estructural. Es un trabajo desvalorizado socialmente, ya que se considera propio de la construcción social de los roles de género femenino, como consecuencia encontramos que se legitima la discriminación en términos jurídicos, ante la falta del reconocimiento económico y de sus derechos laborales. (shrink)

The question I consider is this: -/- The Question: Can two people–who are, and realize they are, intellectually virtuous to about the same degree–both be rational in continuing knowingly to disagree after full disclosure (by each to the other of all the relevant evidence they can think of) while at the same time thinking that the other may well be rational too? -/- I distinguish two kinds of rationality–internal and external–and argue in section 1 that, whichever kind we have in (...) mind, the answer to The Question is ‘yes’ (though that positive answer is less wholehearted in the case of external rationality). Then, in section 2, I briefly make some more general remarks about when discovering a disagreement provides a defeater and when it doesn't. In the final section, I consider an important objection to the answer given in section 1 to The Question. (shrink)

The work of Anthony J. Steinbock on emotions―particularly moral emotions―and on religious experience is closely related to a methodological claim. This claim is that the concepts of “experience” and “manifestation” should be understood in a broader manner than that of classical phenomenology, particularly Edmund Husserl’s phenomenology. In this paper, I examine the way in which Steinbock understands and conceptualizes the kind of givenness to which he refers with the notion of “vertical experience”. I focus on his claim that vertical experiences (...) are irreducible to the kind of experiences that can be described in terms of what he calls “provocation”, “presentation” and the “noesis-noema structure”. Even though I make a criticism of his assertion that the latter implies that they should not be understood as forms of givenness founded on the above-mentioned structure, I agree with some major implications that he draws from them. In the last part of the paper, I discuss his suggestion that the Husserlian conceptualization of emotional givenness should be revised to set forward their structure in terms of what he calls “evocation” and try to give additional reasons, drawn from Husserl himself, to support this claim. The paper comes concludes by stressing the relevance of Steinbock’s analyses concerning what he calls “idolatry”. I argue that his analyses of attitudes that negate the vertical dimension of experience have far reaching implications that go beyond the field of philosophy of religion and open new, promising paths for phenomenological research on social and moral problems. (shrink)

Natura 2000 is a network of natural sites whose aim is to preserve species and habitats of relevance in the European Union. The policy underlying Natura 2000 has faced widespread opposition from land users and received extensive support from environmentalists. This paper addresses the ethical framework for Natura 2000 and the probable moral assumptions of its main stakeholders. Arguments for and against Natura 2000 were analyzed and classified according to “strong” or “weak” versions of the three main theories of environmental (...) ethics – anthropocentrism, biocentrism, and ecocentrism. Weak (intergenerational) anthropocentrism was found to underlie the Natura 2000 network itself and the positions of environmentalists, while strong (traditional) anthropocentrism pervaded the positions of economic developers. Land users seemed to fall somewhere between weak and strong anthropocentrism. The paper discusses the relation between ethics and different attitudes towards Natura 2000, highlighting some of the implications for the network’s ongoing implementation. It is shown that Natura 2000 achieves a strong reversal of the burden of proof from conservation to economic development and land use change under anthropocentrism. It is argued that the alleged theoretical divide between anthropocentrism and non-anthropocentrism in relation to the burden of proof does not seem to hold in practice. Finally, it is predicted that the weak versions of anthropocentrism, biocentrism, and ecocentrism, are likely to converge extensively in respect to nature conservation policy measures. (shrink)

We propose that to understand the biological and neurophysiological processes that give rise to human mental phenomena it is necessary to consider them as behavioral relational phenomena. In particular, we propose that: a) these phenomena take place in the relational manner of living that human language constitutes, and b) that they arise as recursive operations in such behavioral domain. Accordingly, we maintain that these phenomena do not take place in the brain, nor are they the result of a unique operation (...) of a human brain, but arise with the participation of the brain as it generates the behavioral relational dynamics that constitutes language. (shrink)

This essay is part of a special issue celebrating 50 years of Political Theory. The ambition of the editors was to mark this half century not with a retrospective but with a confabulation of futures. Contributors were asked: What will political theory look and sound like in the next century and beyond? What claims might political theorists or their descendants be making in ten, twenty-five, fifty, a hundred years’ time? How might they vindicate those claims in their future contexts? How (...) will the consistent concerns of political theorists evolve into the questions critical for people decades or centuries from now? What new problems will engage the political theorists (or their rough equivalents) of the future? What forms might those take? What follows is one of the many confabulations published in response to these queries. (shrink)

Philosophers such as Elizabeth Anscombe and Donald Davidson have explained that we cannot derive predictions from judgments such as "he boasted from vanity." Such judgments are also the source of countless painful mistakes. However, are they necessarily unreliable? Often enough, even if only gradually and partially, we get people right. Assuming that we do is already assuming that there must be a connection, if not causal then at least casual, between what a person is, what she does, and how she (...) acts; and that we may describe it correctly. If no ironclad generalizations can be made that connect the way a person is, her reasons, and her actions, how might we describe correctness in judgments such as this?Anscombe... (shrink)

Resumo Palavras-chave Keywords : Children’s literature. Music. Pedagogical practice : This article’s main purpose is to present a few possibilities of work with activities that involve pieces of children’s literature and music in the perspective of Children’s Education and first years of Primary School. As theoretical support, the paper presents several studies from authors such as Brito (2003), Ponso (2008), Souza (2006), Torres and Gallicchio (2004), among others who suggest developing activities of sound exploration through audition/appreciation and improvise/ sound editing (...) from some texts and books of children’s literature. A conclusion has been reached that the proposal of activities transforming words in music enables readers to experiment different sounds to compose the soundtrack of stories. Besides, when selecting a diversified repertoire with several texts, possibilities are created to the students to tell, recount and sing varied stories, allowing, thus, the entrance of different social voices. : Literatura Infantil. Música. Prática pedagógica. : O objetivo maior deste artigo é o de apresentar algumas possibilidades de trabalho com atividades que envolvam obras de literatura infantil e músicas, na perspectiva da Educação Infantil e Séries Iniciais do Ensino Fundamental. Como suporte teórico, o trabalho apresenta diversos estudos de autores, tais como Brito (2003), Ponso (2008), Souza (2006),Torres e Gallicchio (2004) entre outros, que sugerem desenvolver atividades de exploração sonora através da audição/ apreciação e improvisação/sonorização a partir de alguns textos e de livros de literatura infantil. Constatou-se que a proposta de atividades, transformando palavras em músicas, possibilita interpelar os leitores a experimentarem diferentes sons para compor a trilha sonora de histórias. Além disso, ao selecionar um repertório diversificado com vários textos, criam-se possibilidades aos alunos para contarem, recontarem e cantarem variadas histórias, permitindo, dessa maneira, a entrada de diferentes vozes sociais. (shrink)

The most interesting thing about sceptical theism is its sceptical component. When sceptical theists use that component in responding to arguments from evil, they think it is reasonable for their non-theistic interlocutors to accept it, even if they don't expect them to accept their theism. This article focuses on that sceptical component. The first section explains more precisely what the sceptical theist's scepticism amounts to and how it is used in response to various sorts of arguments from evil. The next (...) section considers and responds to objections to sceptical theism. It is shown that just as there are non-theists who accept the sceptical theist's scepticism, so also are there theists who reject it. (shrink)

Comprehensive coverage of the special theory (frames of reference, Lorentz transformation, relativistic mechanics of mass points, more), the general theory ...

Our purpose in this essay is to introduce new concepts in a wide and recursive view of the systemic consequences of the following biological facts that I and we have presented that can be resumed as: that as living systems we human beings are molecular autopoietic system; that living systems live only as long as they find themselves in a medium that provides them with all the conditions that make the realization of their living possible, that is, in the continuous (...) conservation of their relation of adaptation to the circumstances in which they find themselves; that as a living system exists only in a relation of adaptation with the medium that operates as its ecological niche, its reproduction necessarily occurs as a process of systemic duplication or multiplication of the ecological organism-niche unity that it integrates; that the worlds of doings that we generate as languaging beings in our conversations, explanations, reflections and theories are part of our ecological niche; and that we human beings as living beings that exist in languaging, are biological–cultural beings in which our cultural and our biological manners of existences can be distinguished but cannot be separated. Of the systemic consequences of these biological facts that we consider in this essay, we wish to mention two as the principal: that the diversification of manners of living produced in biological evolution is the result of differential survival in a changing medium through the conservation of adaptation, and not through competitive survival of the best; and that we in our living as languaging human beings are the epistemological fundament of all that we do and know as such. (shrink)

It is a common socio-moral practice to appeal to reasons as a guiding force for one’s actions. However, it is an intriguing possibility that this practice is based on fiction: reasons cannot or do not motivate the majority of actions—especially moral ones. Rather, pre-reflective evaluative processes are likely responsible for moral actions. Such a view faces two major challenges: i.) pre-reflective judgements are commonly thought of as inflexible in nature, and thus they cannot be the cause of the varied judgements (...) people rely on in everyday life, and ii.) if reflective reason-based judgements do not play a strong causative role in judgement, why do people rely on the articulation of reasons in their moral practices? We argue that the pre-reflective judgements motivating moral actions are embodied in nature. The experience of the rightness of an action that drives a person to act depends on the sensorimotor interactions that have cultivated an agent’s perspective on the world. These interactions are embedded in relational contexts, relative to which judgements are individuated. Because of this relational embeddedness they are more flexible than they are commonly thought to be, enabling us to explain the variety of human behavior by appealing to them. The Anglo-European practice of appealing to reason as if they were propositional belief-statements motivating actions can be accounted for as nothing more than an idiosyncratic way of constructing narratives to clarify and express the relational context of intentional actions. (shrink)

Predication is an indisputable part of our linguistic behavior. By contrast, the metaphysics of predication has been a matter of dispute ever since antiquity. According to Plato—or at least Platonism, the view that goes by Plato’s name in contemporary philosophy—the truths expressed by predications such as “Socrates is wise” are true because there is a subject of predication (e.g., Socrates), there is an abstract property or universal (e.g., wisdom), and the subject exemplifies the property.1 This view is supposed to be (...) general, applying to all predications, whether the subject of predication is a person, a planet, or a property.2 Despite the controversy surrounding the metaphysics of predication, many theistic philosophers—including the majority of contemporary analytic theists—regard Platonism as extremely attractive. At the same time, however, such philosophers are also commonly attracted to a form of traditional theism that has at its core the thesis that God is an absolutely independent.. (shrink)

Na medida em que o termo espiritualidade é em si mesmo ambíguo, o desafio específico da pesquisa em espiritualidade e saúde enquanto campo é definir de que maneiras o conceito ‘espiritualidade’ pode ser frutiferamente aplicado à saúde física e mental. Uma vez que a relatividade hermenêutica de um conceito humanístico tem de se relacionar com os resultados mensuráveis das ciências empíricas, algumas dificuldades inevitavelmente surgem. Isso não impediu, contudo, a formação de duas abordagens claramente definidas na pesquisa em espiritualidade e (...) saúde; uma a que poderíamos chamar hermenêutica-existencial e a outa mais relacionada às ciências da natureza. Por falharmos em distinguir essas opções, muitas das interações entre a ciência da religião ou os estudos da religião e a pesquisa em espiritualidade e saúde é prejudicada ao ponto da quase ausência de diálogo. Nosso intuito aqui é apresentar e conceituar as duas alternativas nos termos das ciências humanas. (shrink)

Zygon®, Volume 57, Issue 1, Page 46-59, March 2022.

This work will examine the main issues generated in the discussion about social justice, freedom and equality from a Marxist and egalitarian liberalism perspective, which would require an answer if the search for a good society continues. Since the world’s economic, social, political and cultural situation has changed in the last decades, nowadays the necessary ethic-political foundations for a fair and free social order must be discussed. The problem is to clarify, in the light of political philosophy and human sciences, (...) the proposals made about such social order and for the current moment, and from the socialist and egalitarian liberal theories with thinkers such as Marx, Cohen and Roemer, for the first, and Rawls, Dworkin Nagel and Sen, for the second, among others. The purpose of this work is mainly didactic and deals with a description of situations such as poverty, exclusion and social inequality that the world lives in. It also deals with the authors’ proposals about such topics, analyzing if there is incompatibility between the capitalist institutions and the socialist project for the achievement of these ideals/values that give origin to the title. (shrink)

La disolución del poder colonial en la América española creó una serie de interrogantes respecto al ordenamiento jurídico-político de los futuros estados soberanos. En este sentido, Simón Bolívar (1783–1830) insistió en la idea de que el control político de los territorios liberados por él debía estar al mando de un poder central conservador capaz de garantizar los derechos ciudadanos sin menoscabo de la estabilidad sociopolítica del orden republicano. Aunque algunos aspectos del ideario constitucional bolivariano resultaron inaceptables para sus contemporáneos, sus (...) medidas para asegurar el goce de los derechos civiles y políticos de los americanos se ajustaban a la realidad social de su tiempo. Con base en una amplia consulta bibliográfica, el presente artículo examina la concepción bolivariana del cuerpo político a la luz de las circunstancias sociohistóricas a las que el Libertador debió hacer frente. (shrink)