Resumo: O artigo discute a causa da coexistência de decisões divergentes em um sistema jurídico. A análise se baseia na teoria institucional de John Searle, abordando fatos institucionais, poderes deônticos e a relação entre lei e linguagem. A linguagem jurídica, aberta e abstrata, é explorada quanto à sua indeterminação, vagueza e ambiguidade. A autoridade do julgador na interpretação e aplicação das leis, ressaltando que decisões contra legem são possíveis devido à diversidade de critérios interpretativos, e o fundamento de decisões se (...) basearem preeminentemente na autoridade do julgador. O texto conclui que a atividade decisional não se baseia em primeira instância na decisão, mas na autoridade do julgador. (shrink)

O artigo é um ensaio teórico com o propósito de discutir as implicações do conceito de trabalho, na perspectiva do filósofo húngaro György Lukács, no campo da política educacional. Em tempos em que a educação brasileira se distancia de um projeto de emancipação do indivíduo, dadas as configurações que vem assumindo as políticas educacionais nos últimos anos, particularmente as políticas curriculares para o ensino médio, parece apropriada a análise do trabalho em sua matriz ontológica, estabelecendo uma estreita correlação entre subjetividade (...) e objetividade. São tratados no decorrer do texto: o conceito de trabalho na ontologia lukacsiana e sua diferenciação entre trabalho abstrato – como mantenedor do Capital – e trabalho fundante – como definidor da natureza ontológica do ser social – em correlação com o campo da política educacional, em especial, com alguns princípios que regem a atual reforma do ensino médio elencados para tratar aspectos da política educacional brasileira que estão à serviço do trabalho abstrato. Palavras-chave: György Lukács. Trabalho fundante. Política educacional. Reforma do Ensino Médio brasileiro. (shrink)

In most western countries, there is a 'human organ shortage' with waiting lists for the performance of transplantation. In a recent report of the UNOS Ethics Committee it is stated that there are approximately 31,000 potential recipients on waiting lists, but only one fourth of potential donors give their specific consent. Xenotransplantation--defined as the transplantation of animal cells, tissues or organs into human beings--is associated with particular ethical dilemmas, namely the problems of efficiency and safety of this medical procedure. The (...) objective of this study is to analyse the ethical dilemmas in xenotransplantation with the background of a personal view of moral life. Also, xenotransplantation will be evaluated as far as the legal regulation of transplantation is concerned. In particular, we will consider patients rights in accordance with existing laws on organ and tissue transplantation, animal research and clinical trials. (shrink)

Introduction: All countries face the issue of choice in healthcare. Allocation of healthcare resources is clearly associated with the concept of distributive justice and to the existence of a right to healthcare. Nevertheless, there is still the question of whether this right should include all types of healthcare services or if it should be limited to selected types. It follows that choices must be made, priorities must be set and that efficiency of healthcare services should be maximum.

Book review: FERRAZ, Salma; MAGALHÃES, Antônio C. M.; BRANDÃO, Eli et alii.. Teologia do Riso: humor e mau humor na Bíblia e no cristianismo. Campina Grande: EDUEPB, 2017. 574p. il. ISBN: 978-85-7879-409-5 ISBN E-BOOK: 978-85-7879-410-1.

Este artigo pretende dar a conhecer as condições de criação e de produção de um conjunto de textos de vanguarda que viriam a constituir-se como marco para a poesia portuguesa do século XX: a Poesia 61, impressos e editados numa pequena cidade de província, Faro.Como são aí editados estes e outros folhetos de autores como António Ramos Rosa, E. M. Melo e Castro, Maria Teresa Horta, Casimiro de Brito, Luiza Neto Jorge ou Fiama Hasse Pais Brandão, entre outros? (...) Para responder a essa questão, interrogam-se contextos, autores e obras, mas também editores, tipógrafos e tipografias. (shrink)

Reprogenetic technologies, which combine the power of reproductive techniques with the tools of genetic science and technology, promise prospective parents a remarkable degree of control to pick and choose the likely characteristics of their offspring. Not only can they select embryos with or without particular genetically-related diseases and disabilities but also choose embryos with non-disease related traits such as sex. -/- Prominent authors such as Agar, Buchanan, DeGrazia, Green, Harris, Robertson, Savulescu, and Silver have flocked to the banner of reprogenetics. (...) For them, increased reproductive choice and reduced suffering through the elimination of genetic disease and disability are just the first step. They advocate use of these technologies to create beings who enjoy longer and healthier lives, possess greater intellectual capacities, and are capable of more refined emotional experiences. Indeed, Harris and Savulescu in particular take reprogenetic technologies to be so valuable to human beings that they have insisted that their use is not only morally permissible but morally required. -/- Rethinking Reprogenetics challenges this mainstream view with a contextualised, gender-attentive philosophical perspective. De Melo-Martín demonstrates that you do not have to be a Luddite, social conservative, or religious zealot to resist the siren song of reprogenetics. Pointing out the flawed nature of the arguments put forward by the technologies' proponents, Rethinking Reprogenetics reveals the problematic nature of the assumptions underpinning current evaluations of these technologies and offers a framework for a more critical and skeptical assessment. (shrink)

Controlled Human Infection Model (CHIM) research involves the infection of otherwise healthy participants with disease often for the sake of vaccine development. The COVID-19 pandemic has emphasised the urgency of enhancing CHIM research capability and the importance of having clear ethical guidance for their conduct. The payment of CHIM participants is a controversial issue involving stakeholders across ethics, medicine and policymaking with allegations circulating suggesting exploitation, coercion and other violations of ethical principles. There are multiple approaches to payment: reimbursement, wage (...) payment and unlimited payment. We introduce a new Payment for Risk Model, which involves paying for time, pain and inconvenience and for risk associated with participation. We give philosophical arguments based on utility, fairness and avoidance of exploitation to support this. We also examine a cross-section of the UK public and CHIM experts. We found that CHIM participants are currently paid variable amounts. A representative sample of the UK public believes CHIM participants should be paid approximately triple the UK minimum wage and should be paid for the risk they endure throughout participation. CHIM experts believe CHIM participants should be paid more than double the UK minimum wage but are divided on the payment for risk. The Payment for Risk Model allows risk and pain to be accounted for in payment and could be used to determine ethically justifiable payment for CHIM participants.Although many research guidelines warn against paying large amounts or paying for risk, our empirical findings provide empirical support to the growing number of ethical arguments challenging this status quo. We close by suggesting two ways (value of statistical life or consistency with risk in other employment) by which payment for risk could be calculated. (shrink)

Our collective enthusiasm for empathy reflects a sense that it is deeply valuable. I show that empathy bears a complex and surprisingly problematic relation to another social epistemic phenomenon that we have reason to value, namely testimonial trust. My discussion focuses on empathy with and trust in people who are members of one or more oppressed groups. Empathy for oppressed people can be a powerful tool for engendering a certain form of testimonial trust, because there is a tight connection between (...) empathy and a approval of another's outlook. I then argue that the qualities of empathy that make it such a powerful tool for bridging differences and building trust also have a problematic upshot: they make it the case that reliance on empathy will sometimes have a distorting effect upon the ways we extend testimonial trust. (shrink)

In this article it will be concluded that systematic menstrual tracking in women’s sport has the potential to cause harm to athletes. Since the ruling of Dobbs v. Jackson Women’s Health Organization (2022) in the United States, concerns regarding menstrual health tracking have arisen. Research suggests that the menstrual tracking of female athletes presents potential risks to “women’s autonomy, privacy, and safety in sport” (Casto 2022, 1725). At present, the repercussions of systematic menstrual tracking are particularly under-scrutinized, and this paper (...) seeks to combine novel research in the sport sciences with present ethical debates in the philosophy of sports. Utilizing Beauvoir’s feminist philosophy (2011), this paper argues that systematic menstrual tracking may contribute to the wider system of women’s oppression by exploiting female athletes, as well as enabling the internalization of submissive behaviour in cultures where athletes are expected to comply unquestioningly. Five policy recommendations are made concerning autonomy, informed consent, education, safeguarding and data access. The overall findings of this paper propose that a more in-depth understanding of the links between data, privacy, and the menstrual cycle are required by sports organizations and governing bodies if athletes are to be protected in a future where systematic menstrual tracking is inevitable. (shrink)

Empathy is a form of emotionally charged imaginative perspective‐taking. It is also the unique source of a particular form of understanding, which I will call humane understanding. Humane understanding consists in the direct apprehension of the intelligibility of others’ emotions. This apprehension is an epistemic good whose ethical significance is multifarious. In this paper, I focus on elaborating the sense in which humane understanding of others is non‐instrumentally valuable to its recipients. People have a complex but profound need to be (...) humanely understood. Because we respond to others’ very real need when we pursue this sort of understanding of their emotions, empathy is best understood as itself a way of caring, rather than just a means to promote other caring behavior. (shrink)

Introduction: Teaching and misleading -- Ethical fables and antifeminist exempla -- From sermon story to novella -- Lives of saints; lives of sinners -- Classical and vernacular exempla -- Magister amoris -- Afterword in time of plague.

Não apenas uma vez Nietzsche escreve que o mundo, junto com tudo que nele há, é tão somente vontade de poder. Por meio dessa teoria ele pensa os diversos níveis da existência, indo desde elementos ínfimos e simples até estruturas complexas, com elevado grau de refinamento. Tudo não passa, segundo esse filósofo, do desenrolar de forças em jogo agonístico por um algo a mais de poder. Neste artigo nós analisamos alguns aspectos da teoria da vontade de poder para mostrar como (...) Nietzsche faz uso de um mesmo arranjo conceitual para qualificar toda a existência. Assim, tanto o microscópico quanto o macroscópico, tanto o orgânico quanto o inorgânico, são tomados como exemplos de entes que, não obstante suas diferenças, são todos vontades de poder. (shrink)

Background: Nursing as an ethical practice requires courage to be moral, taking tough stands for what is right, and living by one’s moral values. Nurses need moral courage in all areas and at all levels of nursing. Along with new interest in virtue ethics in healthcare, interest in moral courage as a virtue and a valued element of human morality has increased. Nevertheless, what the concept of moral courage means in nursing contexts remains ambiguous. Objective: This article is an analysis (...) of the concept of moral courage in nursing. Design: Rodgers’ evolutionary method of concept analysis provided the framework to conduct the analysis. Data sources: The literature search was carried out in September 2015 in six databases: PubMed, CINAHL, Scopus, Web of Science, PsycINFO, and The Philosopher’s Index. The following key words were used: “moral” OR “ethical” AND “courage” OR “strength” AND “nurs*” with no time limit. After applying inclusion and exclusion criteria, 31 studies were included in the final analysis. Ethical considerations: This study was conducted according to good scientific guidelines. Results: Seven core attributes of moral courage were identified: true presence, moral integrity, responsibility, honesty, advocacy, commitment and perseverance, and personal risk. Antecedents were ethical sensitivity, conscience, and experience. Consequences included personal and professional development and empowerment. Discussion and conclusion: This preliminary clarification warrants further exploring through theoretical and philosophical literature, expert opinions, and empirical research to gain validity and reliability for its application in nursing practice. (shrink)

The argument from inductive risk has been embraced by many as a successful account of the role of values in science that challenges the value-free ideal. We argue that it is not obvious that the argument from inductive risk actually undermines the value-free ideal. This is because the inductive risk argument endorses an assumption held by proponents of the value-free ideal: that contextual values never play an appropriate role in determining evidence. We show that challenging the value-free ideal ultimately requires (...) rejecting this assumption. (shrink)

This paper examines Hannah Ginsborg's attempt to address the challenge raised by Saul Kripke's meaning sceptic. I start by identifying the two constraints that the sceptic claims must be met by a satisfactory answer. Then I try to show that Ginsborg's proposal faces a dilemma. In the first instance, I argue that it is able to meet the second constraint, but not the first. I then amend the proposal in order to make room for the first constraint. I go on (...) to argue that, under this new interpretation, it cannot meet the second constraint. (shrink)

This paper examines the meaningfulness of pointing in great apes. We appeal to Hannah Ginsborg’s conception of primitive normativity, which provides an adequate criterion for establishing whether a response is meaningful, and we attempt to make room for a conception according to which there is no fundamental difference between the responses of human infants and those of other great apes to pointing gestures. This conception is an alternative to Tomasello’s view that pointing gestures and reactions to them reveal a fundamental (...) difference between humans and other apes. (shrink)

The therapeutic misconception has been seen as presenting an ethical problem because failure to distinguish the aims of research participation from those receiving ordinary treatment may seriously undermine the informed consent of research subjects. Hence, most theoretical and empirical work on the problems of the therapeutic misconception has been directed to evaluate whether, and to what degree, this confusion invalidates the consent of subjects. We argue here that this focus on the understanding component of informed consent, while important, might be (...) too narrow to capture the ethical complexity of the therapeutic misconception. We show that concerns about misplaced trust and exploitation of such trust are also relevant, and ought to be taken into account, when considering why the therapeutic misconception matters ethically. (shrink)

Background: Nursing practice takes place in a social framework, in which environmental elements and interpersonal relations interact. Ethical climate of the work unit is an important element affecting nurses’ professional and ethical practice. Nevertheless, whatever the environmental circumstances, nurses are expected to be professionally competent providing high-quality care ethically and clinically. Aim: This study examined newly graduated nurses’ perception of the ethical climate of their work environment and its association with their self-assessed professional competence, turnover intentions and job satisfaction. Method: (...) Descriptive, cross-sectional, correlational research design was applied. Participants consisted of 318 newly graduated nurses. Data were collected electronically and analysed statistically. Ethical considerations: Ethical approval and permissions to use instruments and conduct the study were obtained according to required procedures. Data were rendered anonymous to protect participant confidentiality. Completing the questionnaire was interpreted as consent to participate. Findings: Nurses’ overall perception of the ethical climate was positive. More positive perceptions related to peers, patients and physicians, and less positive to hospitals and managers. Strong associations were found between perceived ethical climate and self-assessed competence, turnover intentions in terms of changing job, and job satisfaction in terms of quality of care. Nurses at a higher competence level with positive views of job satisfaction and low turnover intentions perceived the climate significantly more positively. Conclusion: Nursing management responsible for and having the power to implement changes should understand their contribution in ethical leadership, as well as the multidimensional nature of nurses’ work environment and the interaction between work-related factors in planning developmental measures. Future research should focus on issues in nurse managers’ ethical leadership in creating ethical work environments. There is also a need for knowledge of newly graduated nurses’ views of factors which act as enhancers or barriers to positive ethical climates to develop. Interventions, continuing education courses, and discussions designed to promote positive ethical climates should be developed for managers, nurses, and multi-professional teams. (shrink)

Biobanks are important resources for improving public health and individual care. Some legal frameworks can be more or less conducive to advancing the potential benefits of biobanks. The purpose of this article is to assess biobanking legislation and practices in Spain to determine how well they fare in such a regard. We focus here on some of the primary ethical values that ground relevant legislation and that we believe are consistent with promoting biobanking benefits: the value of scientific research; efficient (...) use of scarce resources; and respect for the dignity of donors. We argue that although Spanish regulations advance these values in important ways, they also have provisions that undermine them and thus risk limiting the potential benefits of biobanks. We offer some suggestions for improvement. (shrink)

Anna Wexler and Laura Specker Sullivan (2023) draw on their positionality as Global North early career neuroethics scholars to initiate a meaningful and timely conversation on Translational Neuroet...

Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought, questions of law, movement and its materialities are too often overlooked. This book addresses this oversight, and it does so through an attention to the materialities of legal movement. Paying attention to (...) how law moves across different colonial and contemporary spaces, this book reveals there is a problem with common law's place. Primarily set in the postcolonial context of Australia - although ranging beyond this nationalised topography, both spatially and temporally - this book argues movement is fundamental to the very terms of common law's existence. How, then, might we move well? Explored through examples of walking and burial, this book responds to the challenge of how to live with a contemporary form of colonial legal inheritance by arguing we must take seriously the challenge of living with law, and think more carefully about its spatial productions, and place-making activities. Unsettling place, this book returns the question of movement to jurisprudence. (shrink)

This major essay collection takes a fresh look at how differences among people matter for music and musical thought.

This article revisits a famous graffiti poem from Pompeii (CIL 4.9123). It argues that the poem is both more erotically charged and more cleverly metaliterary than previously recognized; and that this reading of the poem offers new evidence for the literary richness of Pompeii's graffiti culture.

Queer Inclusion in Teacher Education explores the challenges and promises of building queer inclusive pedagogy and curriculum into teacher education. Weaving together theory, research findings, and practical "how-to" strategies and materials, it fills an important gap by offering a clear roadmap and resources for influencing the knowledge, beliefs, and actions of faculty working with pre-service teachers. While the book has implications for policy change, most immediately, readers will feel empowered with ideas for faculty development they can implement in their own (...) teacher education programs. Looking at both the politics and practices of teacher education and the ways in which queer issues manifest in schools, it is hopeful in suggesting that if teachers and pre-service teachers can critically reflect on homophobia and heteronormativity, they can begin to think about and relate to queer youth in a different, more positive and inclusive way. A Companion Website [http: //queerinclusion.com] with additional activities and materials for teacher educators and faculty development and a practical guide enhances the usefulness of the book. (shrink)

En este artículo nos proponemos revisar, sobre una base léxica y fraseológica, la traducción publicada al rumano de la novela de Guillermo Arriaga, Un dulce olor a muerte, a partir del análisis de las teorías de la traducción más relevantes en relación con el tratamiento de los elementos culturales. En esencia, mediante el uso de las funciones del lenguaje definido por Nord, respecto a las diferencias culturales en la traducción, nuestro objetivo es explorar las diversas prácticas culturales de transferencia, con (...) el fin de centrarse en los aspectos lingüístico-culturales, dentro de la novela mexicana y su traducción, que ambos constituyen nuestro corpus. Por otra parte, tratamos de identificar los principales métodos de traducción que se han aplicado, con el propósito de establecer su porcentaje de uso y debatir sobre su funcionalidad. (shrink)

The House of Lords majority decision in Matthews v. Kent and Medway Towns Fire Authority overturns the narrow interpretation given to key aspects of the Part-Time Workers (Protection of Less Favourable Treatment) Regulations’ core comparator mechanism in the lower tribunals and the Court of Appeal. It is a contextually astute judgment, which recognises the reductionist implications of an overly narrow approach to establishing comparability for the purposes of a less favourable treatment claim on the grounds of part-time work. The positive (...) aspect of this decision remains overshadowed, however, by the fact that this interpretation provides little consolation to the large majority of part-time women workers whose disadvantage and inequality remains outside the scope of the Regulations’ protection. (shrink)

In Wittgenstein on Rules and Private Language, Saul Kripke articulates a form of scepticism about meaning. Even though there is considerable disagreement among critics about the reasoning in which the sceptic engages, there is little doubt that he seeks to offer constraints for an adequate account of the facts that constitute the meaningfulness of expressions. Many of the sceptic's remarks concern the nature of the guidance involved in a speaker's meaningful uses of expressions. I propose that we understand those remarks (...) as seeking to give shape to the idea that to use an expression under the guidance of one's understanding is to have a reason for that use, which one's understanding allows one to discern and act on. Any philosophical elucidation of meaning must adequately capture the rational nature of our linguistic acts. (shrink)

The lack of public support for climate change policies and refusals to vaccinate children are just two alarming illustrations of the impacts of dissent about scientific claims. Dissent can lead to confusion, false beliefs, and widespread public doubt about highly justified scientific evidence. Even more dangerously, it has begun to corrode the very authority of scientific consensus and knowledge. Deployed aggressively and to political ends, some dissent can intimidate scientists, stymie research, and lead both the public and policymakers to oppose (...) important public policies firmly rooted in science. -/- To criticize dissent is, however, a fraught exercise. Skepticism and fearless debate are key to the scientific process, making it both vital and incredibly difficult to characterize and identify dissent that is problematic in its approach and consequences. Indeed, as de Melo-Martín and Intemann show, the criteria commonly proposed as means of identifying inappropriate dissent are flawed and the strategies generally recommended to tackle such dissent are not only ineffective but could even make the situation worse. -/- The Fight Against Doubt proposes that progress on this front can best be achieved by enhancing the trustworthiness of the scientific community and by being more realistic about the limits of science when it comes to policymaking. It shows that a richer understanding of the context in which science operates is needed to disarm problematic dissent and those who deploy it. This, the authors argue, is the best way forward, rather than diagnosing the many instances of wrong-headed dissent. (shrink)

Resumo Plotino é um pensador estranho para o filósofo contemporâneo: nas suas Enéadas, ele discute experiência mística e prática filosófica como se fosse uma mesma coisa. De fato, no pensamento plotiniano, o ápice da vida filosófica é a contemplação mística: não pensamento irracional, mas uma forma supra-racional de consciência que é alcançada pela prática ascética e pelo procedimento dialético. Este artigo tenta entender o que é a experiência mística em Plotino. Na verdade, uma leitura atenta dos textos das Enéadas que (...) tratam do assunto mostram que não existe apenas um, mas dois tipos de contemplação mística supra-racional: a experiência da alma humana unida ao Intelecto divino e a experiência da alma humana unida ao Um, o princípio supremo da realidade de acordo com a filosofia plotiniana. Ambos são tipos de intuição intelectual interior, mas, se a experiência mística do Intelecto é a contemplação da totalidade do mundo inteligível, a contemplação do Um é a intuição da identidade pura, além de toda a diferença. Palavras-chave: Plotino; Neoplatonismo; Mística.Plotinus is a strange scholar to the contemporary philosopher: in his Enneads, he discusses mystical experience and philosophical practice as if they were the same thing. Indeed, according to his thoughts, the summit of philosophical life is mystical contemplation: not irrational thinking, but a supra-rational form of consciousness achieved through ascetic practice and dialectical procedure. This paper attempts to understand the mystical experience in Plotinus. In fact, a close reading of the texts of the Enneads on the subject demonstrates that there are not only one, but two kinds of supra-rational mystical contemplation: the experience of the human soul united to the divine Intellect and the experience of the human soul united to the One, the supreme principle of reality according to Plotinus's philosophy. Both are kinds of interior intellectual intuition, but if the mystical experience of the Intellect is the contemplation of the whole of the intelligible world, the contemplation of the One is the intuition of pure identity, beyond all difference. Key words: Plotinus; Neo-Platonism; Mysticism. (shrink)

Critics contend that Aristotelianism demands too much of the virtuous person in the way of knowledge to be credible. This general charge is usually directed against either of two of Aristotelianism’s apparent claims about the necessary conditions for the possession of a single virtue, namely that 1) one must know what all the other virtues require, and 2) one must also be the master of a preternatural range of technical/empirical knowledge. I argue that Aristotelianism does indeed have a very high (...) standard when it comes to the knowledge necessary for the full possession of a virtue, in both of these respects. However, focus on the necessary conditions for full virtue tends to obscure an important fact: some kinds of knowledge are much more important to various virtues than others are. A proper appreciation of the significance of this fact will go a long way toward answering critics’ worries about Aristotelianism’s knowledge requirements. (shrink)