1. Le fe por la palabra -- 2. Topía y Utopía -- 3. Luz en la caverna.

Norms conferring public or private powers, i.e., the competence to issue other norms, play a very important rôle in law. But there is no agreement among legal philosophers about the nature of such norms. There are two main groups of theories, those that regard them as a kind of norms of conduct (either commands or permissions) and those that regard them as non-reducible to other types of norms. I try to show that reductionist theories are not quite acceptable; neither the (...) command-variety (Kelsen, Alf Ross inOn Law and Justice), nor the permission-variety (von Wright, Kanger, Lindahl) provide a satisfactory account of competence norms.Among the authors who maintain that competence norms are different from (and hence not reducible to) norms of conduct are Hart, Ross inDirectives and Norms, and Searle. Ross and Searle distinguish between regulative and constitutive rules as two radically different kinds of rules and classify competence norms among constitutive rules. This distinction runs parallel to von Wright's distinction between rules that are prescriptions and determinative rules. While the first regulate actions (by commanding, prohibiting, or permitting them), determinative rules define certain concepts. To view competence norms as (partial) definitions of certain legal concepts (like those of legislator, judge, etc.) seems to open interesting perspectives and to shed light on at least one aspect of these elusive norms. (shrink)

The European framework surrounding clinical trials on medicinal products for human use is going to change as demonstrated by the large debate at European institutional level. One of the major challenges is to overcome the lack of harmonisation of clinical trial procedures among countries. This aspect is gaining more and more importance, considering the increasing number of multicentre and multinational studies. In this work, the actual European rules governing the Clinical Trial Application have been analysed throughout the different steps including (...) the registration of the trial in the European database; the preparation of documents to be submitted and their contents; the preparation of documents related to the information and consent process; the submission to competent bodies. Specific issues related to paediatric research and trials involving non EU/EEA countries have been addressed as well. Results reveal that the European legislation offers a well defined set of European rules covering different aspects of a Clinical Trial Application. However, these are not suitable to meet the challenges from multicentre and multinational clinical studies. A stronger set of rules, such as is available in a composite European Regulation has been adopted and is expected to harmonise practices and enable sponsors to carry out well conducted trials. But will the new regulation overcome the existing criticisms of Directive 2001/20/EC? (shrink)

We examine the "Theaetetus" in the light of its juxtaposition of philosophical, mathematical and sophistical approaches to knowledge, which we show to be a prominent feature of the drama. We suggest that clarifying the nature of philosophy supersedes the question of knowledge as the main ambition of the "Theaetetus". Socrates shows Theaetetus that philosophy is not a demonstrative science, like geometry, but it is also not mere word-play, like sophistry. The nature of philosophy is revealed in Socrates' activity of examination (...) and his refusal to deny his ignorance about knowledge. (shrink)

Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the genre familiar from (...) Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection. (shrink)

In this essay I analyze citational practices around Heinrich von Kleist in Italian postmodern theater and Italian feminist biopolitics. In this realm, the reference to Kleist performs a gesture of interruption of traditional eroticism (Catholic, modern, based on women’s sexual slavery), in particular, by using and rewriting Kleist’s narrative of the Amazons, the legendary tribe of women who would cut their breast to embrace the art of war. Postmodern citations of Kleist introduce a new language around sexuality instead of reenacting (...) the ferocious narrative embedded in the ancient icon. The essay conducts a contrastive reading of two postmodern versions of the Kleistian Amazon in Italy: the first version is Lina Mangiacapre’s and Angela Putino’s philosophical conversation in “Androgina/Amazzone” as well as in Mangiacapre’s stage plays; the second version is Carmelo Bene’s cycle of performances on Achilles’s “necrophilia.” While intellectuals like Laura Mulvey in the UK and Gilles Deleuze in France tend to condemn Kleist for his necrophiliac account of romantic love, in Italy Kleist’s pessimistic image of romantic relationships offers a queer standpoint to develop a sustained critique of violent forms of desire. (shrink)

This book offers an unprecedented quantitative portrait of analytic philosophy focusing on two seemingly marginal features of philosophical texts: citations and acknowledgements in academic publications. Originating from a little network of philosophers based in Oxford, Cambridge, and Vienna, analytic philosophy has become during the Twentieth century a thriving philosophical community with thousands of members worldwide. Leveraging the most advanced techniques from bibliometrics, citations and acknowledgments are used in this book to shed light on both the epistemology and the sociology of (...) this philosophical field, illuminating the intellectual trajectory of analytic philosophy as well as the social characteristics of the analytic community. Special attention is dedicated to the last forty years, providing insights into a phase of analytic philosophy which is still understudied by historians of philosophy. In the eight chapters of the book, readers will find not only numerous quantitative investigations and technical explanations, but also a robust theoretical framework and epistemological reflections on the strengths and limitations of quantitative methods for the study of philosophy. With its strong interdisciplinary appeal, this book will engage a wide range of scholars, including historians of philosophy seeking new methodologies, analytic philosophers interested in a new look at their discipline, and scholars in digital humanities, bibliometrics, and quantitative studies of science, who will find many innovative techniques for investigating disciplinary fields. (shrink)

May I be permitted to chat a little, by way of recreation, at the end of a somewhat toilsome and perhaps fruitless adventure?”1 So begins the introduction to Robert Browning’s “transcription,” as he entitles it, of Aeschylus’s Agamemnon, in which the principles of literal translation are discussed and defended.2 As one who has recently been on the same adventure as Robert Browning, I wonder whether it is not salutary to review his arguments, for I have come to believe firmly that (...) the path he took was fruitless, or very nearly so. Yet of the many translators, stretching into the most recent times, who have provided us with literal renditions of ancient Greek texts, he at least offered an apology for it, and a better one, in my view, than any I have seen. I want to try, by reviewing Browning’s arguments, to shed some light on why his adventure of translation was barren, and in the process state some precautions for the translation of ancient Greek literature. I am not sure whether these precautions apply to the philosophy of translation in general, for the differences between two languages vary greatly with time and place; nevertheless, the review may be of some general help. (shrink)

Problema clássico da filosofia política, a razão de Estado trata do uso da derroga por parte do governante, em vista da segurança e conservação do Estado. Essa questão – é legítimo ao príncipe descumprir as leis por um bem maior? – remonta à antiguidade, mas encontra seu ápice nos séculos XVI e XVII, acompanhando o nascimento da nova estrutura estatal de poder. Nesse período, o maquiavelismo e suas práticas dão o tom do debate, refletido nos gabinetes políticos da época, solo (...) do absolutismo europeu. A maior parte dos estudos sobre esse tema se concentra na Europa, na segunda metade do século XX, formando a base de comentários para os trabalhos contemporâneos sobre a razão de Estado moderna. As contribuições brasileiras, porém, são raras. O intuito deste artigo, portanto, é duplo: expor, brevemente, o percurso que caracteriza a formulação do conceito, e posteriormente apresentar os principais estudos recentes sobre o assunto, procurando enriquecer o debate brasileiro. (shrink)

In this article, I report on a Bulgarian female migrant caregiver's “life-story,” especially focusing on her relationship with an old Italian woman, on the care practices performed in her favor in Italy, and on her daughter and parents still living in Bulgaria. I chose to do it by means of an anthropological approach based on experience as field of mediation between personal dimensions and historical and social processes and therefore centered on the body conceived as historical product, the influence of (...) political and social forces on shaping human lives, and finally interest in the specific link between bodies and work. From this analysis, based on language and narratives, I think useful cultural aspects may emerge about “gender” and care practices, regarding the two women linked by an assistance relationship, and the activities/strategies used by the Bulgarian caregiver to fulfill her family obligations. (shrink)

In this work I argue that Descartes was not a trialist by showing that the main tenets of trialist interpretations of Descartes's theory of substance are either not supported by the text or are not sufficient for establishing the trialist interpretation.

Conventional quantitative methods for the measurement of organizational legitimacy consider mainly three sources that make judgments about organizations visible: news media, accreditation bodies, and surveys. Over the last decade, however, social media have enabled ordinary citizens to bypass the gatekeeping function of these institutional evaluators and autonomously make individual judgments public. This inclusion of voices beyond functional and formally organized stakeholder groups potentially pluralizes the ongoing discussions about organizations. The individual judgments in blogs, tweets, and Facebook posts give indication about (...) the broader fit between an organization’s perceived behavior and heterogeneous social norms and therefore constitute an indicator of organizational legitimacy that can be accessed and measured. We propose the use of social media data and sentiment analysis to study the affect-based responses to organizational actions by citizens. We critically discuss and compare the method with existing quantitative methods for legitimacy measurement and apply them to a recent case in the banking industry. We discuss the value of the method for studying the process of legitimacy construction as the expression and negotiation of normative judgments about organizations by various evaluators. (shrink)

Il saggio ha come oggetto di riflessione quella struttura portante della vita, dell'esperienza umana che č la speranza. Come l'angoscia e l'attesa, essa vive nel futuro e qui viene esplorata nel campo delle relazioni umane, d'aiuto, di cura, in psichiatria, con connotazioni tipiche che si aggiungono a quelle filosofiche e teologiche sull'argomento. Quando la speranza rinasce dalle secche del mal di vivere, quando il medico stesso si č confrontato con le debolezze proprie e attraverso l'empatia si č messo anche in (...) ascolto del silenzio del paziente, del dialogare in silenzio, allora la speranza č come un ponte che ci fa uscire dalla nostra solitudine e diventa speranza creatrice. (shrink)

En este trabajo se discuten dos modelos opuestos de construcción de la identidad a partir de la contraposición que hace el filósofo Bernard Williams de las figuras de Rousseau y el sobrino de Rameau de Diderot. Frente a la concepción representacional de la identidad como copia o proyección de un ser interior, se propone una noción performativa de la personalidad basada en la espontaneidad y la multiplicidad como fuentes del sujeto contemporáneo. En el trasfondo de esta reflexión se encuentra la (...) hipótesis de que ambos métodos de producción ética de la identidad personal responden a concepciones estéticas profundamente enraizadas, una más próxima al modelo pictórico de copia de un original y la otra, teatral, basada en la importancia de la interpretación en los procesos de creación. (shrink)

Dominique Wolton sustenta que as tecnologias da informática encontram-se aptas a promover um exercício tecnológico nos quais os usuários se encontrem em situação de igualdade. A partir dessa perspectiva, torna-se válido esperar que a vasta disseminação do uso de ferramentas on-line no Brasil repercuta o fenômeno referido, constituindo um contexto pautado pela cessão igualitária de visibilidade à expressão dos diversos indivíduos ali inseridos, instituindo, assim, um cenário apto ao diálogo educativo por permear-se por um tratamento igualitário dispensado a seus diversos (...) falantes. O presente artigo, oriundo da tese “Podcast na educação brasileira: natureza, potencialidades e implicações de uma tecnologia da comunicação”, busca investigar se a derrocada hierárquica aludida realmente ocorre no âmbito nacional on-line do podcast , tecnologia de oralidade distribuída sob demanda. Para isso, este trabalho irá analisar a origem produtiva dos podcasts de maior visibilidade na internet brasileira, considerando do mesmo modo as esferas dos blogs e micro-blogs , de modo a relativizá-las ao cenário do podcast . Os resultados desta investigação indicaram que, ao contrário do que se observou em outras esferas on-line, o uso nacional do podcast demonstrou promover a superação de hierarquias que privilegiam certos indivíduos, especialmente àqueles referidos como “celebridades”, em detrimento dos demais na visibilidade de suas expressões em meios tecnológicos. Normal 0 21 false false false PT-BR X-NONE X-NONE. (shrink)

Once upon a time, a scholar, ascetic and relig-ious man named Abu Hamid Ibn Muhammad Ibn Muhammad al-Tusi al-Shafi'i al-Ghazali (AI-Ghazali, 1058-11 II) wrote a worl, called The Incoherence qf the Philosophers, 1\ clever philosopher, Abu AI-\Valid Muhammad Ibn Ahmad Ibn Hushd (Averroes, 112li-1 ID8), responded to this by writing The IlIcolurence (!l the Inroherence. In IVhat is Art;;, Tolstoy refers to the importance of art in order to ridicule itl He notes the attention paid to art, music, theatre, filrn, (...) and books in the press. IIe notes the in\'(~stment of gm'ernments in the support of museums, theatres and the like. He notes the time spent by artists and perlilrmers in learning- their craft. He presents the most sardonic description of an opera rehearsal you will ever read. He describes the eHilrt and money poured into art as "stupefying", "repulsive", "a gigantic absurdity", and "utterly incomprehensible".~ I-Imv can art be so important that a peasant should have to sell his only cow to pay the taxes that maintain the artist-producer in grand luxury~. (shrink)

In the context of bounded arithmetic we consider some general replacement schemes and construct models for them. A new proof of a conservation result between and is derived.