Repisando a trilha clássica de aproximação ao Direito, o livro repropõe o método realista para pensar o Direito. Um estar de novo do pensamento jurídico tradicional, com sua persistente atualidade, está a exigir que se retome e guarde a analogia do termo Direito e a conclusão de que, antes de mais, sendo o Direito uma coisa, a 'coisa justa', seus demais possíveis conceitos são somente analogados secundários que, por importantes se estimem, demandam sempre referência subalterna àquele prius significativo - antes (...) de tudo, o Direito é justo. Essa perspectiva realista reabre a esperança de que, mediando a experiência e a dialética, se reencontre e aprofunde uma teoria da justiça ancorada na natureza das coisas. Paulo Ferreira da Cunha e Ricardo Dip uniram aqui suas meditações acadêmicas para, comungando da doutrina jusnaturalista clássica formular um convite para que se pense realmente o Direito. (shrink)

The compliance-based approach and the integrity approach have been the mainstream responses to corporate scandals. This paper proposes that, despite each approach comprising necessary elements, neither offers a comprehensive solution. Compliance and integrity, far from being mutually exclusive, reinforce each other. Working together, in a correct relationship, they build a harmonized system that yields positive synergies and which also advocates prudence. It enables the generation of a culture of compliance that tends to minimize the technical and ethical errors in decision (...) making. In order to explore an applied harmonized approach, we analyze the audit committee, a specific and broadly accepted regulatory instrument. Formed by non-executive members, regulation requires these members to be dedicated, qualified, and independent as a guarantee of efficiency. We show how the compound of those elements produces positive effects in a context of solid governance. We conclude that it is the strong relationship between efficiency and prudence, in the creation of a culture of compliance, which enables the minimization of errors. (shrink)

The paper identifies common barriers and challenges to Pre-Exposure Prophylaxis (PrEP) uptake and offers considerations for state and local public health departments to address barriers and retool infrastructure to increase access to PrEP to new users. Authors identify synergistic opportunities with federal agencies and funders to advance PrEP-related HIV prevention efforts, that prioritize strategies and investments to provide PrEP to people who could benefit from the intervention but are unaware of PrEP or struggle to access it. Barriers discussed and examined (...) include financing strategies to reduce financial burden of PrEP medication, expanding PrEP access and outreach beyond clinical settings, and increasing the network and reach of the provider community to serve people we oppress through policy choices and discourses of racial and socioeconomic inferiority. (shrink)

Blanchette and Dunbar have claimed that when participants are allowed to draw on their own source analogs in the service of analogical argumentation, retrieval is less constrained by surface similarity than traditional experiments suggest. In two studies, we adapted this production paradigm to control for the potentially distorting effects of analogy fabrication and uneven availability of close and distant sources in memory. Experiment 1 assessed whether participants were reminded of central episodes from popular movies while generating analogies for superficially similar (...) versus superficially dissimilar target situations. In Experiment 2, we modified this procedure to assess the retrieval of autobiographic memories, more familiar to participants than fictional episodes. Both studies revealed a strong effect of surface similarity on the retrieval of participants' own sources, thus suggesting that the superficial bias typically observed in experimental studies—and simulated by most computational models—does not originate in a lack of ecological validity. (shrink)

We discuss in this paper the scope of abduction in Economics. The literature on this type of inference shows that it can be interpreted in different ways, according to the role and nature of its outcome. We present a formal model that allows to capture these various meanings in different economic contexts.

This paper discusses a number of critical ethical problems that arise in interactions between queer patients and health care professionals attending them. Using real-world examples, we discuss the very practical problems queer patients often face in the clinic. Health care professionals face conflicts in societies that criminalise same sex relationships. We also analyse the question of what ought to be done to confront health care professionals who propagate falsehoods about homosexuality in the public domain. These health care professionals are more (...) often than not motivated by strong religious convictions that conflict with mainstream medical opinion on homosexuality. We argue that they ought to be held accountable for their conduct by their professional statutory bodies, given that they abuse their professional standing to propagate sectarian views not representative of their profession. Lastly, we propose that medical schools have special responsibilities in training future health care professionals that will enable them to respond professionally to queer patients seeking health care. (shrink)

School climate is a multidimensional construct of the quality of a student’s academic environment, often subsuming dimensions such as safety, instructional practices, social relationships, school facilities, and school connectedness. Positive school climate has beneficial effects on a wide range of adjustment variables in youth, including academic achievement, mental health, school attendance and graduation, and school-based behavior. Studies regarding school climate assessment have burgeoned in recent years but remain marked by limited sample sizes, narrow developmental levels, restricted items, unclear psychometric strength (...) across multiple demographic groups, and lack of integration with key student education contextual factors such as academic mindset and social emotional learning. The present study evaluated a comprehensive measure of aspects of school climate, academic mindset, and social emotional learning in a sample of 105,379 diverse students (Mage = 13.47 years; SD = 2.47). The 9-factor structure of the School Climate and Academic Mindset Inventory was supported via confirmatory factor analysis. A trimmed model displayed adequate goodness-of-fit for males and females, younger age groups, and European American, biracial/multiracial, Hispanic, Native American, and Native Hawaiian/Pacific Islander students. The trimmed model was slightly less strong for older age groups as well as for African American and Asian American students. The scale may be useful for assessing school climate interventions, longitudinal climate patterns, and school-based algorithms of future performance, though additional validation of the scale remains necessary. (shrink)

How far do cultures affect the future of the planet? Can the debate on the environment and global warming be influenced by the cultures of East and West understanding each other better? In this consistently provocative dialogue, two of the most influential thinkers of recent times propose that only a 'human revolution' - a shift in the hearts and minds of individuals - can stimulate a revolution in humanity's relationship with the planet. Such a planetary revolution first requires a transformation (...) of moral and political leadership, and an orientation towards the future rather than a preoccupation with the short-termist policies of the present. Responding to humanity's ills from the Buddhist perspective, and with all the accumulated wisdom of the eastern philosophical tradition, Daisaku Ikeda calls for politicians to take as their mainstays a respect for the dignity of life and an eloquence to inspire in people a sense of community and courage. Correspondingly, renowned western economist and scholar of education Ricardo Diez-Hochleitner stresses the importance of proper educational planning and development in addressing the challenges posed by poverty, inequality and climate change. While acknowledging the scale of the task that lies ahead, both men offer an inspiring and hopeful vision for the future. (shrink)

Illustrations and examples have always been deemed rare in the otherwise abundant materials Kant sent to be printed. In this sense, tradition has made out of the Königsbergs philosopher a rather arid writer. He himself advocated for the perks of a proper scholastic method in presenting arguments. It is thus a common place among scholars that Herr Professor valued discursive clarity over any whimsical rhetorical garments the popular thinker could have been tempted to wield in defense of his surely more (...) than dubious reasons. But even with that in mind, in Kants writings there is this persistent and everlasting metaphor regarding the activity of navigation. A metaphor going all through the Kantian philosophical enterprise: either in the form of sailing the thin air and pretending to avoid -- or surf -- any resistance, like the figure of the dove in the Critique of Pure Reason (1781); or better with the picture of the wandering unconcerned under the celestial and immeasurable vault only to discover we were lost in search for the North in What Does It Mean To Orient Oneself In Thinking?(1786), Kants critical philosophy insisted in the depiction of the task of thinking not only as a concrete one depending on facts and experience gathered -- pinpoint locations -- but also as a matter of orientation depending on the necessity of categories -- criteria, cardinal points -- of thought. If fanciful aspirations of ideas happen to take off from the objective ground irresponsibly as if empirical experience and facts had no substance at all -- it is with good reason that due operations of counterbalance should be taking place with help of the sound weight of articulated reasonable concepts based on formal and material reality. Kants theory of mind presupposes a responsibility of a subject in relation to several types of objects. The two of these epistemic extremes are intertwined and in need of each other. When it comes to orientation, leaning on some sort of inner compass, each of us would have both in regard to sensitivity, knowledge, and moral thinking which serves like a guide to the trip within all three domains, and even comes in handy to map them out. This collective volume is precisely devoted to the task of revisiting some landscapes of the Kantian thought-itinerary along the brave seas and deep into the thick forests of justified knowledge, principles of morals and judgement in aesthetics: through its pages this work has put together renowned scholars from very different traditions eager to circumnavigate again the issues and concerns of 18th Century Philosophy and the particular Kantian solution of a new branded type of metaphysical inquiry, one inquiry subject to intellectual global duties as well. (shrink)

We define and study abstract valuation semantics for logics, an algebraically well-behaved version of valuation semantics. Then, in the context of the behavioral approach to the algebraization of logics, we show, by means of meaningful bridge theorems and application examples, that abstract valuations are suited to play a role similar to the one played by logical matrices in the traditional approach to algebraization.

O presente artigo tem como objetivo analisar as implicações críticas da imunização biopolítica da vida humana a partir das reflexões de Roberto Esposito, problematizando a seguinte questão: em tempos de pandemia viral e, consequentemente, de Estados emergenciais, de que maneira o paradigma imunitário atua sobre a vida humana? A hipótese que gostaríamos de desenvolver parte do relevo de que, em crises agudas, o paradigma imunitário é tensionado ao seu limite, convergindo para a produção de Estados de emergência segundo os quais (...) são responsáveis por introduzir políticas nefastas de produção tanto da vida quanto da morte. Para validar nossa hipótese e desenvolver o objetivo e a problemática da pesquisa, o presente texto se organiza em dois momentos: primeiramente, nosso intuito consiste em apresentar brevemente a reflexão de Esposito acerca do paradigma imunitário; em seguida, temos como fito analisar criticamente o estado de pandemia viral à luz do paradigma imunitário, buscando encontrar vestígios de como tal ferramenta conceitual nos permite desenvolver uma interpretação para o tempo presente. (shrink)

Desde los albores de la Historia (el Neolítico) ha existido siempre una estrecha relación entre la Tecnología y la Defensa, Esta relación presenta aspectos de gran interés en la primera y segunda Revolución Industrial. Hoy día, introducida ya la 3ª Revolución Industrial o Era de los Sistemas, el uso de las Nuevas Tecnologías (y principalmente las referentes a la Información/Comunicación) hacen a la sociedad más vulnerable. La Ingeniería Militar no debe ser ajena al planteamiento y solución de este problema.

This essay has its origin in a project on the globalization of science that rediscovered the wisdom of past research practices through the technology of the future. The main argument of this essay is that a convergence of digital video technologies with practices of social surveillance portends a methodological shift towards a new variety of qualitative methodology. Digital video is changing the way that students of the social world practice their craft, offering not just new ways of presenting but new (...) ways of practicing field research. We introduce concepts of the fluid wall and videoactive context to emphasize that the camera is an actor in the research process, and both behaviour and observation occur in both directions--in front of and behind the camera. While these practices and procedures are novel in some ways, they may also be viewed as old methods in the context of new instruments for recording as well as a new social understanding of these instruments. Since new technologies interact with the social context, the digital video methods we discuss in this essay are likely to become increasingly important for generations to come. We provide an overview of the use of digital video in research practice and present an account of the use of digital video methodology in Chile. (shrink)

An important historical relation that has hardly been addressed is the influence of Prosper Lucas's Treatise on Natural Inheritance on the development of Charles Darwin's concepts related to inheritance. In this article we trace this historical connection. Darwin read Lucas's Treatise in 1856. His reading coincided with many changes concerning his prior ideas on the transmission and expression of characters. We consider that this reading led him to propose a group of principles regarding prepotency, hereditary diseases, morbid tendencies and atavism; (...) following Lucas, he called these principles: laws of inheritance. (shrink)

Tomas Aquinas defined truth as the correspondence between things and understanding. Castro Alves paints the horror of the slave nautical traffic. In his essay On the Concept of History, Walter Benjamin reminds us: “The tradition of the oppressed teaches us that the ‘emergency situation’ in which we live is the rule.” This ‘emergency situation’ was Fascism. Albert Camus defended his romance La Peste against the accusation of Roland Barthes that is was “dehors de l’histoire”, pointing out that it was not (...) only about the recent historical phenomenon of Fascism, but also about the permanent risk of its rebirth. Agnes Heller associates faith with prejudice and alienation. The following article will explore the Thomist concept of truth, Benjamin’s concept of history, Camus’ allegory of the plague, Agnes Heller’s notion of faith and Castro Alves’ powerful denouncement of slave traffic, to better criticize the phenomenon of post-truth, a rebirth of fascist information practices. (shrink)

This book engages with the writings of W.G. Sebald, mediated by perspectives drawn from curriculum and architecture, to explore the theme of unsettling complacency and confront difficult knowledge around trauma, discrimination and destruction. Moving beyond overly instrumentalist and reductive approaches, the authors combine disciplines in a scholarly fashion to encourage readers to stretch their understandings of currere. The chapters exemplify important, timely and complicated conversations centred on ethical response and responsibility, in order to imagine a more just and aesthetically experienced (...) world. In the analysis of bildung as human formation, the book illuminates the pertinent lessons to be learned from the works of Sebald and provokes further investigations into the questions of memory, grief, and limits of language. Through its juxtaposition of curriculum and architecture, and using the prose of Sebald as a prism, the book revitalizes questions about education and ethics, probes the unsettling of complacency, and enables conversation around difficult knowledge and ethical responsibility, as well as offering hope and resolve. An important intervention in standard approaches to understanding currere, this book provides essential context for scholars and educators with interests in the history of education, curriculum studies, cultural studies, memory studies, narrative research, Sebaldian studies, and educational philosophy. (shrink)

A alma é, sem dúvida, um dos problemas que mais interessou a Santo Agostinho; ele a define como uma substância partícipe da razão adequada ao governo de um corpo. A alma não tem quantidade corporal, contudo, é uma coisa grande. Este estudo pretende refletir sobre os sete graus de atividade da alma, os quais o autor apresenta na sua obra De quantitate animae. São eles: a animação, a sensação, a arte, a virtude, a tranquilidade, o ingresso e a contemplação. The (...) soul is undoubtedly one of the problems that most interested St. Augustine. He defines it as a substance participating of reason, adequate for the government of a body. The soul has no corporal quantity, but is nevertheless a great thing. This study aims to reflect on the seven degrees of activity of the soul, which the author presents in his work De quantitate animae. The are: animation, sensation, art, virtue, tranquility, ingress and contemplation. (shrink)

A novel algebraic structure of the genetic code is proposed. Here, the principal partitions of the genetic code table were obtained as equivalent classes of quotient spaces of the genetic code vector space over the Galois field of the four DNA bases. The new algebraic structure shows strong connections among algebraic relationships, codon assignment and physicochemical properties of amino acids. Moreover, a distance function defined between the codon binary representations in the vector space was demonstrated to have a linear behavior (...) respect to physical variables such as the mean of amino acids interaction energies in proteins. It was also noticed that the distance between wild type and mutant codons approach to smaller values in mutational variants of four genes, i.e., human phenylalanine hydroxylase, human β-globin, HIV-1 protease and HIV-1 reverse transcriptase. These results strongly suggest that deterministic rules must be involved in the genetic code origin. (shrink)

Este trabajo describe la vida y escritos de L. Polo hasta 1996. A los 25 años descubrió su método de pensamiento: el abandono del limite mental. Vivió en Madrid, Roma, Granada y Pamplona. Amante de la verdad y de la libertad personal. Entre sus obras más profundas se encuentran las que componen su Curso de teoría del conocimiento y su Antropología trascendental.

El objetivo de este artículo es doble. Por un lado, poner en evidencia que la última etapa del pensamiento de Barthes puede ser entendida como la búsqueda de una “ética de la escritura”, cuyo modelo Kierkegaard representa, como el propio Barthes intuye en la Lección inaugural de la Cátedra de Semiología literaria del Collège de France dictada en 1977, en la que se refiere al autor danés como paradigma de la ruptura de la estructura alienante de la lengua. Por otro (...) lado, pensar la primera “autoría” kierkegaardiana en términos de la semiótica figurativa, que busca llegar al límite de lo decible, provocando una revolución del lenguaje, a partir del uso de diferentes recursos retóricos que ponen en cuestión la identidad unívoca del autor y su lugar privilegiado como autoridad “dadora” de sentido, otorgándole de este modo suma relevancia a la figura del lector. (shrink)

The main purpose of this article consists in discussing the idea of moral responsibility in Abraham’s case as it is put forward in Fear and Trembling. With this idea in mind, the notion of ethical heteronomy that the author defends is opposed to kantian ethical autonomy. From this viewpoint, religious sacrifice not only cannot but also must not be ethically justified. The discussion is developed considering Kierkegaard’s ideas from the perspective of different contemporary ethical theories.

We uncover fundamental dimensions of the process through which organizations embed the practice of fraternity through embarking on an organizational journey in the direction of the common good. Building on the latest encyclical of Pope Francis, _Fratelli Tutti_, about fraternal and social friendship, we offer insight into the understanding of what it means to become a fraternal organization and reflect on the key ethical and paradoxical challenges for organizations aiming at collectively contributing to the common good. We add to previous (...) work by characterizing this journey as a process involving unique ethical challenges that emerge from the paradoxes associated with this process and how this might change the nature of the relationships between organizations and others within the organizational landscape. (shrink)

This is a collective study, in nine new essays, of the close connection between theology and cosmology in Stoic philosophy.

Cet article explore un parallèle entre deux innovations fondatrices des épistémès contemporaines, celles de Marx et de Saussure, en constatant l’isomorphisme entre les concepts de valeur d’usage et de signifiant. Après un rapide repérage de l’emploi du terme « valeur d’usage » dans la tradition marxiste, on examine la valeur d’usage comme corps, plutôt que comme besoin ou fonction utile. En considérant le concept de valeur d’usage au prisme de celui de signifiant, on met à preuve les questions de l’arbitraire, (...) de l’indivisible, du versatile. L’auteur observe que les deux concepts désignent des moments d’une activité : maillons d’une chaîne. Les chaînes signifiantes auraient un rôle fondamental, comme automatisme de répétition, dans la reproduction sociale. (shrink)

This article is devoted to analyze the kierkegaardian concept of original Sin with the main purpose of highlighting that, even though Kierkegaard uses some resources “analogous” to analytical philosophy, the results are not connected with this tradition of thought. Existential concepts are presen..

El objetivo de este artículo es analizar dos modelos complementarios de laicización de la cultura formulados a principios del siglo XX a partir de la confrontación con el paradigma religioso, a saber: el psicoanálisis freudiano y el socialismo del joven Gramsci. La hipótesis que conduce el análisis es la siguiente: la comprensión gramsciana del problema de la cultura introduce la dimensión política desconocida en los escritos antropológicos de Freud. Es la introducción de esta dimensión la que explica que Gramsci no (...) describa la función de la religión a partir de la consideración del cristianismo en términos generales, como hace Freud, sino que estudie la función de la Iglesia Católica en el proceso italiano de unificación nacional conocido como Risorgimento. (shrink)

This article reflects on how the issue of the Real allows us to rethink the human of today in a more complete and up-to-date way. And for this purpose, two apparently dissimilar perspectives of understanding the Real are discussed: that of the Slovenian philosopher Slavoj Žižek, which is rooted in Lacan’s psychoanalysis, and that of the Spanish philosopher Xavier Zubiri, which is born from a deep critical dialogue with Heidegger’s ontology. This paper will show the unity of two visions of (...) the Real that lie at the heart of what is human and that allow us to criticize certain very influential psychoanalytic thought, centred on Jacques-Alain Miller, which cannot account for what is happening to us radically in the current era, or, perhaps, in any era. (shrink)

En el primer estudio sistemático sobre la psicología de Kierkegaard, Kierkegaard´s Psychology (1972), escrito en danés por Kresten Nordentoft, el autor considera que el primer intento de presentar las teorías psicológicas de Kierkegaard fue realizado por Rollo May en The Meaning of Anxiety (1950). Además de esta obra, en 1958, junto con Ernest Angel y Henri Ellenberguer, May edita Existence. A new dimension in Psychiatry and Psychology. El objetivo de este artículo consiste en describir el modo en que May concibe (...) a Kierkegaard como “psicólogo”, a partir del análisis del existencialismo y su coincidencia con el psicoanálisis en el diagnóstico de la “crisis del individuo moderno”. Para ello, se toman los conceptos de angustia y existencia como los principales ejes temáticos de la descripción. (shrink)

We can communicate linguistic information by asserting sentences that are not explicitly about linguistic matters. Stalnaker offers a pragmatic account of this phenomenon. It is not clear that such an account is correct. In this article I offer an alternative account that does not rely on pragmatic mechanisms and which captures many of the insights in Stalnaker's theory of linguistic communication. The view is inspired by Barker's semantics of vague adjectives.

We respond in this paper to various counter arguments advanced against our stance on conscientious objection accommodation. Contra Maclure and Dumont, we show that it is impossible to develop reliable tests for conscientious objectors' claims with regard to the reasonableness of the ideological basis of their convictions, and, indeed, with regard to whether they actually hold they views they claim to hold. We demonstrate furthermore that, within the Canadian legal context, the refusal to accommodate conscientious objectors would not constitute undue (...) hardship for such objectors. We reject concerns that refusing to accommodate conscientious objectors would limit the equality of opportunity for budding professionals holding particular ideological positions. We also clarify various misrepresentations of our views by respondents Symons, Glick and Jotkowitz, and Lyus. (shrink)

In physics education, equations are commonly seen as calculation tools to solve problems or as concise descriptions of experimental regularities. In physical science, however, equations often play a much more important role associated with the formulation of theories to provide explanations for physical phenomena. In order to overcome this inconsistency, one crucial step is to improve physics teacher education. In this work, we describe the structure of a course that was given to physics teacher students at the end of their (...) master’s degree in two European universities. The course had two main goals: To investigate the complex interplay between physics and mathematics from a historical and philosophical perspective and To expand students’ repertoire of explanations regarding possible ways to derive certain school-relevant equations. A qualitative analysis on a case study basis was conducted to investigate the learning outcomes of the course. Here, we focus on the comparative analysis of two students who had considerably different views of the math-physics interplay in the beginning of the course. Our general results point to important changes on some of the students’ views on the role of mathematics in physics, an increase in the participants’ awareness of the difficulties faced by learners to understand physics equations and a broadening in the students’ repertoire to answer “Why?” questions formulated to equations. Based on this analysis, further implications for physics teacher education are derived. (shrink)

The ἐκπύρωσις, or world's conflagration, followed by the restoration of an identical world seems to go against the rationality of the Stoic god. The aim of this paper is to show that Cleanthes, the second head of the School, can avoid this paradox. According to Cleanthes, the conflagration is an inevitable side-effect of the necessary means used by god to sustain the world. Given that this side-effect is contrary to god's sustaining activity, but unavoidable, god's rationality requires the restoration of (...) an identical world once the conflagration subsides. The paper also deals with the relation between Cleanthes and other early Stoics on the topic of conflagration. In particular, Cleanthes' position seems to differ from Chrysippus'. For in contrast with the Cleanthean god, who causes the conflagration as a side-effect only, the Chrysippean god, according to an influential interpretation put forward by Jaap Mansfeld, causes the conflagration as his ultimate cosmological goal. (shrink)

The nineteenth century was a dynamic time of philosophical development. This volume explores the rich tradition of nineteenth-century Continental philosophy, highlighting the importance of this tradition for the leading streams of thought of the twentieth and twenty-first century.