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.

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

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

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

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

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

Journal of Applied Philosophy, EarlyView.

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

Starting with an account of some of the main elements that are constitutive of the contemporary approach to the phenomena of religion, whereby special attention shall be given to the phenomenological approaches to the phenomenon of Religion as such, this paper shall, in the following moment, proceed with a reflexive analysis of some of the crucial analytic aspects of religion on the basis of a philosophical study of one of its most universal manifestations, i.e., the phenomenon of Prayer. We shall (...) analyze different forms of prayer, which have a span that goes from its manifestation in the Prayer of Silence to its manifestation in the Cultic expression of Prayer. Following this analysis, attention will especially be given to the need for an identification of some of the dangers and menacesattached to an ideological or fundamentalist approach to Religion. Finally, what we intend to show is the creative power of the tension that is given between what Jean-Luc Marion calls the Idolatric and the Iconic, since in this very tension we can explore the true dimension of what Religion is both in its essence and in its manifestations. (shrink)

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

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

The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars, have reduced its margin of application to practically zero, since in the framework of contemporary welfare states, there is almost always a “legal alternative.” The needy person who acts on their own behalf, regardless of whether they save an interest higher than the one they injure, does not show due deference to democratic legal solutions and procedural (...) channels. This article aims to contest this abrogative interpretation of the necessity defense and to outline the limits of its legitimate scope. Even in welfare states, there are actions in a necessity scenario that neither question the legal decisions of the democratically elected legislature nor make a mockery of established procedural channels. (shrink)

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

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

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

Objective of this text is to present some descriptive arguments in regard to the assertion that our affectivity constitutes is a socially structured reality. We start with the hypothesis according to which the affective life of the human being reaches its most specific goal through a process of constitution of desire in which my preferences are always defined according to the preferences of others. In order to demonstrate the conditioned character of our preferences, we shall consider ideas derived both from (...) the phenomenology of Michel Henry and Emmanuel Housset, but also from the mimetic anthropology developed by Paul Dumouchel in line with the anthropological thought of René Girard. We show that not only our own, but also the preferences of others are socially conditioned. The language of our affections belongs to the order of conditioned propositional acts, that is, of those who are not carriers of their own conditions of truth. Our emotional life is like an act of language, whose realization presupposes conditions that are no longer in the hands of the subject of the discourse. The text ends with a brief consideration of the ontological sense of the virtue of gratitude. (shrink)

Since the publication of Elga's seminal paper in 2000, the Sleeping Beauty paradox has been the source of much discussion, particularly in this journal. Over the past few decades the Everettian interpretation of quantum mechanics 1 has also been much debated. There is an interesting connection between the way these two topics raise issues about subjective probability assignments.This connection is often alluded to, but as far as we know Peter J. Lewis's ‘Quantum Sleeping Beauty’ is the first attempt to examine (...) it explicitly. Lewis claims that the two debates are not independent: to be specific, he argues that accepting the Everettian interpretation of quantum mechanics requires you to be a ‘halfer’ about Sleeping Beauty, in opposition to the more widely accepted ‘thirder’ solution.This paper will argue that Lewis is wrong. Everettians do not have to be halfers. It is perfectly cogent to be both an Everettian and a thirder. (shrink)

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

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

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