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

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

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

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

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

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

This essay is devoted to Albert the Great’s theoretical treatment of fatherhood and motherhood, male and female genders, in the generation of the vegetabilia. While animals reproduce by the mating of female and male individuals, plants do not display a sexual distinction through a male and female configuration. Moreover, in the generation of plants, the maternal and paternal functions are not performed by individuals of the same species as what is generated. To fulfill the generative process, plants require the external (...) agency of the Sun and the ground, traditionally deemed as “pater et mater plantarum”. The question of the generation of plants is dealt with at length in Albert’s De vegetabilibus et plantis, where he gives an extensive treatment of plants’ life modeled after the epistemology of Aristotle’s works on animals. This theoretical approach is not confined to Albert’s natural philosophical works but extends also to his theological investigation. By adopting an interdisciplinary standpoint, this essay will show how Albert progressively develops an explicative model for plants generation that, through the comparison with animal generation, aims at identifying the respective domains of matter and form, fatherhood and motherhood, male and female genders, also in the generation of plants. (shrink)

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

A sizeable body of literature suggests that informal methods of dispute resolution — and, in particular, conciliation — flourish only in societies marked by extensive social hierarchy. Given this literature, it is quite surprising to discover that in the mid-nineteenth century, the United States embarked on an extensive debate regarding whether to adopt "conciliation courts," whose primary function was to reconcile the disputants by persuading them to embrace an equitable compromise. First created by the French Revolutionaries in 1790, conciliation courts (...) were widely established throughout continental Europe. Observing this development, leading American lawyers and politicians pondered seriously whether the United states ought to follow suit. Debate over whether to embrace such institutions occurred at the very highest of levels, and a series of states enacted constitutional provisions authorizing their legislatures to create conciliation courts. Ultimately, however, despite the widespread interest in such institutions, these were never established — except in the notable case of the Freedmen’s Bureau courts of the Reconstruction South. This Article explores this largely forgotten episode in American legal history. It examines why a nation that was radically egalitarian by standards of the time would seriously consider embracing an institution that we tend more commonly to associate with inegalitarian, strongly hierarchical societies — and why, after coming so close to adopting conciliation courts, it ultimately failed to do so. In the process, by situating the debate over conciliation courts in a broader social and legal context, the Article also excavates the origins of the modern, quintessentially American commitment to the virtues of formal, adversarial process. (shrink)

O presente artigo apresenta um relato de experiência das ações extensionistas promovidas no ano de 2021 pelo Núcleo de Estudos Afro-brasileiros e Indígenas (NEABI) do Campus Ibirama da Instituto Federal Catarinense. Devido ao contexto de pandemia de COVID-19, que perdurou durante quase todo o ano letivo de 2021, as atividades do Núcleo precisaram ser adaptadas para que ocorressem em ambientes virtuais. Apesar desta adequação forçada, que limitou em grande medida a diversidade das ações, foi possível identificar tanto o promissor potencial (...) do NEABI quanto os desafios a serem superados para que a temática étnico-racial seja definitivamente incluída nos espaços institucionais e passe a fazer parte do cotidiano da comunidade escolar. (shrink)

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

La adaptación a la vida universitaria representa un gran desafío para los jóvenes. Dadas las nuevas dificultades que se añaden a este reto como consecuencia del COVID-19, el objetivo de este estudio es analizar la producción científica sobre esta cuestión de las últimas tres décadas (1991-2021). Para ello, se ha combinado el estudio bibliométrico con técnicas de análisis de redes sociales a través de los softwares Rstudio y Vosviewer. Se han analizado 291 artículos procedentes de la base de datos Scopus. (...) Los resultados permiten obtener una visión holística de este campo y de su evolución a lo largo del tiempo. (shrink)

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

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

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

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Foucault -- Deleuze y Guattari -- Lyotard -- Baudrillard -- Derrida.

The first philosophical treatise on privation belongs to Aristotle. The notion which the Stagirite had of privation as well as its relation to non-being is examined. Difficulties in the knowledge of non-being highlighted -according to Aristotle- by Parmenides and Plato are considered. After a brief review of the solutions offered by the Schoolmen, Millán-Puelles' contribution to the enlightening of the possibility and legitimacy of the Knowledge of privation is examined.

L’articolo intende approfondire la questione del Medioevo come luogo di narrazioni a partire dal romanzo di Louis De Wohl dedicato ad Agostino d’Ippona, _Una fiamma inestinguibile _ e dal tema della retorica. Il tema della retorica, come una delle dimensioni possibili in cui rappresentare la storia, dà vita sia a una peculiare narrazione _descrittiva_ del Medioevo, plurale e variegata, sia a una narrazione _creatrice_ della storia stessa, dal momento che la potenza della parola di Agostino viene colta nella sua capacità (...) di incidere e trasformare la storia stessa. Il contributo si conclude con l’analisi di alcuni tratti salienti di altri romanzi di ambientazione medievale di De Wohl, su Francesco d’Assisi e su Tommaso d’Aquino, per osservarne la peculiare rappresentazione di Medioevo che a tratti sembra andare oltre agli schemi storiografici degli anni in cui sono scritti. _The article intends to explore the question of the Middle Ages as a place of narrations starting from Louis De Wohl’s novel about Augustine of Hippo, _The Restless Flame_ and the theme of rhetoric. The subject of rhetoric, as one of the possible dimensions in which to represent history, gives rise both to a peculiar _descriptive_ narrative of the Middle Ages, plural and variegated, and to a narration that _creates_ history itself, since the power of Augustine’s word is captured in its ability to affect and transform history itself. The paper concludes with an analysis of some salient features of other medieval novels by De Wohl, on Francis of Assisi and Thomas Aquinas, in order to observe the peculiar representation of the Middle Ages that emerges, which at times seems to go beyond the historiographic schemes of the years in which they were written_. (shrink)

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

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

The first studies that sought to establish two-way communication between humans and great apes led to important findings but were nevertheless heavily criticized for their training methods, testing procedures, and claims. More recently, hundreds of pet owners around the world have begun training domesticated animals to use Augmentative Interspecies Communication (AIC) soundboard devices, contributing to the first ever large-scale study on interspecies communication. Here, we introduce our scientific approach to our global citizen science project, where we will investigate how dogs (...) and cats use AIC devices, building an incremental research program starting from their associative learning of buttons to determining how AIC device use might impact their welfare and their capacity for symbolic representation. We discuss how our multi-faceted approach can alleviate many of the concerns regarding the original studies performed with apes, achieving larger sample sizes, ample documentation of training techniques, and testing animals’ performance in controlled experimental settings. (shrink)

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

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

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

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