Dos textos originais, que possibilitaram as traduções que se seguem, o primeiro compõe o volume 3, número 2, da revista Archiv Für Rechts- Und Wirtschaftsphilosophie, abreviada por ARWP6, publicado em dezembro de 1909. O segundo, por sua vez, é fruto de uma conferência de abertura ministrada por Fritz Berolzheimer na ocasião do III Kongress der Internationalen Vereinigung für Rechts- und Wirtschaftsphilosophie, realizado entre os dias 02 e 05 de junho de 1914 na Akademie für Sozial- und Handelswissenschaften em Frankfurt am (...) Main. A abertura do congresso realizada por Berolzheimer, assim como outras conferências proferidas ao longo do mesmo, foi publicada em Stuttgart pela Franz Steiner Verlag no mês seguinte à realização do congresso, isto é, em julho de 1914 no volume 7, número 4, da ARWP. (shrink)

Appellate Court Modifications Extraction consists of, given an Appellate Court decision, identifying the proposed modifications by the upper Court of the lower Court judge’s decision. In this work, we propose a system to extract Appellate Court Modifications for Portuguese. Information extraction for legal texts has been previously addressed using different techniques and for several languages. Our proposal differs from previous work in two ways: our corpus is composed of Brazilian Appellate Court decisions, in which we look for a set of (...) modifications provided by the Court; and to automatically extract the modifications, we use a traditional Machine Learning approach and a Deep Learning approach, both as alternative solutions and as a combined solution. We tackle the Appellate Court Modifications Extraction task, experimenting with a wide variety of methods. In order to train and evaluate the system, we have built the KauaneJunior corpus, using public data disclosed by the Appellate State Court of Rio de Janeiro jurisprudence database. Our best method, which is a Bidirectional Long Short-Term Memory network combined with Conditional Random Fields, obtained an \ score of 94.79%. (shrink)

What should judges do when faced with immoral laws? Should they apply them without exception, since “the law is the law?” Or can exceptions be made for grossly immoral laws, such as historically, Nazi law? Surveying laypeople (N = 167) and people with some legal training (N = 141) on these matters, we find a surprisingly strong, monotonic relationship between people's subjective moral evaluation of laws and their judgments that these laws should be applied in concrete cases. This tendency is (...) most pronounced among individuals who endorse natural law (i.e., the legal-philosophical view that immoral laws are not valid laws at all), and is attenuated when disagreement about the moral status of a law is considered reasonable. The relationship is equally strong for laypeople and for those with legal training. We situate our findings within the broader context of morality's influence on legal reasoning that experimental jurisprudence has uncovered in recent years, and consider normative implications. (shrink)

One persistent question in jurisprudence relates to the role of morality in the concept of law. For instance, consider the question of whether unjust statutes are laws. Legal positivists say that they’re laws in every relevant sense, while natural lawyers say that they’re not. This article considers a different answer inspired by recent findings in experimental philosophy: there is one relevant sense in which unjust statutes are laws, but also a different relevant sense in which they aren’t. After considering the (...) ways in which this alternative differs from some of the mainstream theories in general jurisprudence, the article argues that it provides more elegant solutions to two problems that have puzzled legal philosophers in the past: the paradox of customary international law and the shifts in legal discourse over history. (shrink)

There has been considerable debate in legal philosophy about how to attribute purposes to rules. Separately, within cognitive science, there has been a growing body of research concerned with questions about how people ordinarily attribute purposes. Here, we argue that these two separate fields might be connected by experimental jurisprudence. Across four studies, we find evidence for the claim that people use the same criteria to attribute purposes to physical objects and to rules. In both cases, purpose attributions appear to (...) be governed not so much by original intention or by moral value as by current practice. We argue that these findings in the cognitive science of purpose attribution have implications for jurisprudential questions involving purposivist legal interpretation. (shrink)

Background: The present study compared the effects of a traditional resistance training and resistance training combined with cognitive task on body composition, physical performance, cognitive function, and plasma brain-derived neurotrophic factor levels in older adults. Methods: Thirty community-dwelling older adults were randomized into TRT and RT+CT. Exercise groups performed a similar resistance training program, twice a week over 16 weeks. Cognitive Training involved performing verbal fluency simultaneously with RT. Exercise sessions were performed 2-3 sets, 8-15 repetitions at 60-70% of 1-repetition (...) maximum. Body composition, physical function, cognitive performance, and BDNF levels were assessed before and after intervention period. Results: The physical performance was similarly improved in response to both TRT and RT+CT. However, exclusive improvements on cognitive function and BDNF levels were observed only after RT+CT. Conclusion: The RT program associated with a cognitive task, improved physical and cognitive performance in healthy older adults. (shrink)

Recent literature in experimental philosophy has postulated the existence of the abstract/concrete paradox : the tendency to activate inconsistent intuitions depending on whether a problem to be analyzed is framed in abstract terms or is described as a concrete case. One recent study supports the thesis that this effect influences judicial decision-making, including decision-making by professional judges, in areas such as interpretation of constitutional principles and application of clear-cut rules. Here, following the existing literature in legal theory, we argue that (...) the susceptibility to such an effect might depend on whether decision-makers operate in a legal system characterized by the formalist or particularist approach to legal interpretation, with formalist systems being less susceptible to the effect. To test this hypothesis, we compare the results of experimental studies on ACP run on samples from two countries differing in legal culture: Poland and Brazil. The lack of significant differences between those results suggests that ACP is a robust effect in the legal context. (shrink)

O envelhecimento populacional é uma preocupação mundial e exige medidas de prevenção de saúde a serem adotadas com a maior brevidade possível. Esse processo é, muitas vezes, acompanhado pelo declínio das habilidades cognitivas, como a memória e as funções executivas. O objetivo do presente estudo é ..

Neste capítulo, pretende-se abordar a pesquisa em educação, considerando o processo político-institucional, com a criação dos programas de pós-graduação, e a formação do pesquisador. Para tanto, apresenta-se esta temática a partir de uma pesquisa bibliográfica, com o objetivo de trazer ao debate questões concernentes ao campo acadêmico institucionalizado como locus principal da formação do pesquisador e da consolidação da produção de conhecimento científico. O referencial teórico que subsidia a apresentação da temática centra em Florestan Fernandes e Pierre Bourdieu.

Quatro painéis de muito boa pintura, representando aspectos da vida e martírios dos Santos Mártires de Lisboa, Veríssimo, Máxima e Júlia, estão patentes no Museu Carlos Machado, em Ponta Delgada, nos Açores.Obras nunca estudadas antes de 2001, embora referenciadas documentalmente já no século XIX, permaneceram em colecções particulares até aos anos sessenta do século XX, quando foram doadas ao museu açoriano, onde se encontram em bom estado de conservação. Nunca dali saíram, a não ser um dos painéis para a XVII (...) Exposição Europeia de Arte, Cultura e Ciência (núcleo da Casa dos Bicos) e outro painel, em 1992, para uma exposição em Génova. As obras, de relativamente pequenas dimensões, são muito ricas em aspectos iconográficos e de caracterização de ambientes. Datáveis da década de 30 do século XVI, têm sido atribuídas ao pintor Garcia Fernandes e, mais recentemente, a Cristóvão de Utreque, um dos mestres que foi referenciado como eventual colaborador dos chamados Mestres de Ferreirim: Cristóvão de Figueiredo, Gregório Lopes e Garcia Fernandes.Muito interessante, no entanto, é a iconografia das paisagens urbanas de duas das pinturas, mas a vida e os martírios dos santos não acompanham o que se conhecia da literatura do tempo. (shrink)

Principlism : the Borg of bioethics -- A common morality for hedgehogs : Bernard Gert -- Getting down to cases : the revival of casuistry in bioethics -- Nice story but so what : narrative and justification in ethics -- Dewey and Rorty's pragmatism and bioethics -- Freestanding pragmatism in bioethics and law -- A method in search of a purpose : the internal morality of medicine -- Method to rule them all? Reflective equilibrium in bioethics -- Concluding reflections : (...) method in bioethics : the very idea. (shrink)

Book reviewed in this article: The Abuse of Casuistry: A History of Moral Reasoning. By Albert R. Jonsen and Stephen Toulmin.

There has been a shift from teaching to learning, the so-called process of ‘learnification’, which promotes the idea that teaching should be primarily concerned with the creation of rich learning environments and scaffolding student learning. In doing so, this process of ‘learnification’ has also attacked the idea that teachers have something to teach and that students have something to learn from their teachers. The influence of constructivism, and thinkers like Piaget, Vygotsky, and Bruner in this paradigm shift is quite evident; (...) however, this gives rise to a tension in what a teacher is and what teaching entails, because the teacher, by definition, is someone who has something to teach students, and not merely a facilitator of the learning process. Moreover, because of constructivism and ‘learnification’, current educational practices and policies seem to pay little attention to the importance of ‘relations’ and ‘the encounter with the Other’, which become merely desirable by-products. In this article I criticise constructivism and ‘learnification’ by proposing that the teacher is a community ‘builder’ and teaching a ‘situational revelation’, while also emphasising the importance of ‘relations’ in the educational process. The starting point for my discussion is a much neglected passage of I and Thou where Martin Buber discusses the importance of the ‘living centre’ [lebendigen Mitte] for ‘true community’ [Die wahre Gemeinde] formation. (shrink)

This article addresses the service of financial companies to society from the perspective of the Catholic Social Teaching (hereinafter CST), specifically regarding conflicts of interest between banks and their customers. The article begins with a case based on interviews with professionals in the financial sector, which provides the context for the CST’s contribution. The analysis of the aforementioned conflicts points to an apparent disconnect between service to society and service to customers. Thus, the bank would set aside the customer’s interests (...) in exchange for a better service to society through good results. This article presents the CST’s normative framework to analyze this matter through some of the CST’s principles: the centrality of the person, the respect for her dignity, and the orientation to the common good. These principles and the CST’s ethical concept of service provide guidance in assessing these conflicts of interest. From an ethical point of view and according to CST, there cannot be a true service to society if the dignity of the client is not respected. It is necessary to review the organization’s incentive policy and level of awareness about the importance of customer service. We end with recommendations related to conflicts of interest with clients. (shrink)

Although work–family conflict is highly relevant for both families and businesses, scarce attention has received from business ethics perspective. This article focuses on the latter, presenting a set of relevant insights from Catholic Social Teaching (CST). After reviewing the foundations and principles presented by CST regarding work–family relationships, a set of normative propositions are presented to develop work–family policies and for a correct personal work–family balance. It is argued that business responsibility with employees’ family should be considered as a part (...) of Corporate Social Responsibility. In addition, the applications of these principles and propositions can lead to a mutual enrichment of both business and family. (shrink)

This article presents the ethical concept of service as a way of specifying higher ethical principles in business practice. We set out from the work of a number of scholars who have found some shared ethical principles for doing business in a context of cultural diversity. Love, benevolence, consideration, and other related concepts are considered to be important guiding concepts for business but it is not clear how they are to be operationalized. We argue that the ethical concept of service (...) can act as a bridge for bringing those higher principles into business practice. The article explains and refines the ethical concept of service, which has received little attention. In particular, we address the ethical ambiguity implicit in the common meaning of service, explain how service shows love in business, and offer an account of how service provides ethical growth through virtue. Finally, this work presents a variety of examples from business which illustrate how the ethical concept of service can be put into practice. To achieve the aim of this study we draw inspiration from Catholic social teaching. This source provides useful insights into service and can be understood and accepted without requiring that particular faith. (shrink)

Recent developments in science and technology point to the need to unify, and extend, the definition of memory. On the one hand, molecular neurobiology has shown that memory is largely a chemical process, which includes conditioning and any form of stored experience. On the other hand, information technology has led many to claim that cognition is also extended, that is, memory may be stored outside of the brain. In this paper, we review these advances and describe the increasingly accepted extended (...) definition of memory. This definition is largely accepted in neuroscience but not explicitly stated. In the extended definition, memory is the capacity to store and/or retrieve information. Does this new definition of memory mean that everything is now a form of memory? We stress that memory still requires incorporation, that is, a corpore. It is a relationship -- where one biological or chemical process is incorporated into another, and changes both in a permanent way. Looking at natural and biological processes of incorporation can help us think of how incorporation of internal and external memory occurs in cognition. We further argue that, if we accept that there is such a thing as the storage of information outside the brain -- and that this organic, dynamic process can also be called “memory” -- then we open the door to a very different world. The mind is not static. The brain, and the memory it uses, is a work in progress; we are not now who we were then. (shrink)

In this commentary, I critically discuss the respective views of Gert and Beauchamp–Childress on the nature of so-called common morality and its promise for enriching ethical reflection within the field of bioethics. Although I endorse Beauchamp and Childress’ shift from an emphasis on ethical theory as the source of moral norms to an emphasis on common morality, I question whether rouging up common morality to make it look like some sort of ultimate and universal foundation for morality, untouched by the (...) dialectics of time and reflective equilibrium, was an equally good move. As for Gert’s magisterial conception of common morality, I conclude that certain elements of his system are controversial at best and woefully inadequate at worst. He has a tendency to find in common morality what he himself put there, and his highly restricted conception of duties of assistance strikes this reader as ad hoc, inadequately defended, and unworthy of a project whose goal is to lessen the amount of misery in the world. (shrink)

A textbook for undergraduates. Some 70 selections (more than half are new to this edition) follow an introductory essay. Current controversies (surrogacy, genetic engineering, proxy consent) are thoroughly covered. Annotation copyrighted by Book News, Inc., Portland, OR.

"Gregorio Piaia si è formato presso l'Università di Padova, dove si laureò il 17 febbraio 1968 con una tesi coordinata da Carlo Giacon sul tema dell'averroismo politico nel pensiero di Marsilio da Padova. Tra i suoi maestri è da ricordare ancora Giovanni Santinello, del quale fu il principale collaboratore nel guidare il gruppo di lavoro formato da giovani studiosi impegnati nel progetto di una grande Storia delle storie generali della filosofia, uscita in prima edizione in lingua italiana tra il 1979 (...) e il 2004 ed ora in corso di traduzione e aggiornamento in lingua inglese. La vita "pubblica" di Piaia si è svolta essenzialmente nella sua funzione di professore universitario, all'inizio come docente in formazione presso l'Università di Padova, poi quale professore associato presso l'Università di Verona, infine dal 1987 di nuovo a Padova, dove in qualità di professore ordinario tenne per quasi trent'anni la cattedra di storia della filosofia. Padova, Verona, il Veneto: certamente questi sono stati i riferimenti territoriali entro i quali si è compiuta la carriera accademica del bellunese Piaia. Ma egli estese ben presto l'ambito della sua attività di docente oltre questi limiti geografici, in Europa e nelle Americhe. Lo stesso spirito di apertura ha animato l'attività scientifica di Gregorio Piaia, che non si è svolta in limiti territoriali o di scuola precisi ma all'interno di una vasta "repubblica delle lettere" dai contorni più internazionali che nazionali: ne è testimonianza il suo ruolo di direttore o redattore di importanti riviste e la sua presenza nelle più rilevanti società di promozione degli studi filosofici e storico-filosofici. Non meno degna di nota, infine, è la sua costante attenzione e disponibilità nei confronti dei giovani studiosi. Il presente volume intende essere modesto segno della stima di cui gode e dell'ampiezza dei suoi interessi di ricerca." --Contratapa. (shrink)

Dominus Mundi: Political Sublime and the World Order by Pier Giuseppe Monateri is fuelled by the observation that after the pluralist nation states-based Westphalian world order, we are now witness...

Culture plays an important role in defining ethics standards because dissimilar cultures socialize their people differently, according to what is acceptable behaviour. The potential significance of ethnic groups for marketing justifies inquiry into the moral judgments, standards, and rules of conduct exercised in marketing decisions and situations arising from decisions whether or not to focus on individual ethnic groups within an economy. Identifying and targeting ethnic groups for marketing purposes are tasks fraught with many ethical difficulties. In a multicultural society (...) consisting of a dominant group and many diverse, minority groups defined by ethnicity, these problems can be expected to increase substantially. Consequently, marketers may include minority ethnic consumers in their mainstream marketing programs. In itself, this has ethical consequences. Alternatively, if marketers seek to target individual minority ethnic groups within the same economy a further set of ethical consequences needs to be considered. This paper reviews the concepts of ethnicity and ethnic groups and their relevance for marketing strategy within an economy where there is a dominant group and also significant minority ethnic groups. The ethical consequences for minority communities arising from the use of non-ethnic, mainstream marketing programs are examined. An alternative approach, ethnic marketing, is also examined and its ethical consequences in terms of other groups within the one country appraised. The ethical dilemma and tradeoffs facing marketers within advanced, culturally diverse countries are then considered. (shrink)

We explore offshore outsourcing through the lenses of Catholic Social Teaching (CST). First, we review the outcomes of the 30-year debate in business ethics on issues related to offshore outsourcing. We then cluster authors into two groups—the justice-centered approach and the welfare-centered approach—corresponding to different perspectives on the ethical challenges of offshoring. In the second part, we present and apply the four fundamental principles of the CST (human dignity, subsidiarity, solidarity and the common good) to offshoring, in dialogue with the (...) previous debate. The unity and interconnection among the CST’s fundamental tenets provide a cohesive framework that integrates the points made by the justice-centered and welfare-centered approaches, while introducing the principle of solidarity, more focused on the worker as a person and their flourishing. CST also stresses the need to initiate processes oriented toward structural changes for the sake of human dignity and the common good. (shrink)

I begin this commentary with an expanded typology of theories that endorse an internal morality of medicine. I then subject these theories to a philosophical critique. I argue that the more robust claims for an internal morality fail to establish a stand-alone method for bioethics because they ignore crucial non-medical values, violate norms of justice and fail to establish the normativity of medical values. I then argue that weaker versions of internalism avoid such problems, but at the cost of failing (...) to provide a clear sense in which their moral norms are internal or can ground a comprehensive approach to moral problems. Finally, I explore various functions that an internal morality might serve, concluding with the observation that, while there may be a core of good sense to the notion of an internal morality of medicine, our expectations for it must be drastically lowered. (shrink)

This article examines the emergence of casuistical case analysis as a methodological alternative to more theory-driven approaches in bioethics research and education. Focusing on The Abuse of Casuistry by A. Jonsen and S. Toulmin, the article articulates the most characteristic features of this modernday casuistry (e.g., the priority allotted to case interpretation and analogical reasoning over abstract theory, the resemblance of casuistry to common law traditions, the ‘open texture’ of its principles, etc.) and discusses some problems with casuistry as an (...) ‘anti-theoretical’ method. It is argued that casuistry so defined is ‘theory modest’ rather than ‘theory free’ and that ethical theory can still play a significant role in casuistical analysis; that casuistical analyses will encounter conflicting ‘deep’ interpretations of our social practices and institutions, and are therefore unlikely sources of increased social consensus on controversial bioethical questions; that its conventionalism raises questions about casuistry's ability to criticize norms embedded in the societal consensus; and that casuistry's emphasis upon analogical reasoning may tend to reinforce the individualistic nature of much bioethical writing. It is concluded that, notwithstanding these problems, casuistry represents a promising alternative to the regnant model of ‘applied ethics’ (i.e., to the ritualistic invocation of the so-called ‘principles of bioethics’). The pedagogical implications of casuistry are addressed throughout the paper and include the following recommendations: (1) use real cases, (2) make them long, richly detailed and comprehensive, (3) present complex sequences of cases, (4) stress the problem of ‘moral diagnosis’, and (5) be ever mindful of the limits of casuistical analysis. Keywords: casuistry, interpretation, methodology, pedagogy CiteULike Connotea Del.icio.us What's this? (shrink)

Business Ethics: A European Review, EarlyView.

This paper discusses Gilbert Ryle’s image of philosophy as cartography in an attempt to explore the idea of a cartography of the phenomenon, confronting it with the sense it takes in Edmund Husserl’s transcendental phenomenology. Ryle tries to grasp the particularity of philosophical tasks as being about specific sorts of problems, not about specific sorts of objects. What is required both of a cartographer and of a philosopher is, according to him, to look at familiar spaces in wholly unusual terms. (...) Husserlian phenomenology then, with its rediscovery of consciousness as an absolute, unbounded field, meets quite well this demand. The uncovered field of the phenomena is not a new region, opposing that of the objects as faced in the natural attitude. It is rather a completely different attitude, just as a map is not a share of the world, but a distinct orientation towards it. The phenomenon, therefore, would not be something that is there to be cartographed as much as a kind of cartography itself. A phenomenological cartography, however, is one that has its specific marks, different from those of the Rylean conception. (shrink)

This paper represents the first installment of alarger project devoted to the relevance of pragmatism forbioethics. One self-consciously pragmatist move would be toreturn to the classical pragmatist canon of Peirce, James andDewey in search of substantive doctrines or methodologicalapproaches that might be applied to current bioethicalcontroversies. Another pragmatist (or neopragmatist) move wouldbe to subject the regnant principlist paradigm to Richard Rorty'ssubversive assaults on foundationalism in epistemology andethics. A third pragmatist method, dubbed ``freestandingpragmatism'' by its proponents, embraces a ``pragmatist'' approachto practical (...) reasoning without discernable moorings either to theclassical canon or to Rorty's neopragmatism. This thirdpragmatist approach to method in practical ethics is the subjectof this article. I begin with an examination of freestandingpragmatism in the theory of judicial decision making. I arguethat this version of legal pragmatism – so described on account ofits commitments to contextualism, instrumentalism, eclecticism,and freedom from grand theory – bears a striking resemblance tomuch self-described pragmatist work in bioethics today. Ifurther argue that if this is what we mean by ``pragmatism,'' thenin a certain sense ``we are all pragmatists now.''. (shrink)

This article begins with some preliminary remarks about the general features and basic varieties of reflective equilibrium in moral reflection. It then considers a couple of preliminary doubts about this method. One of these doubts claims that the most plausible interpretation of RE is so comprehensive that it risks paralyzing our thinking, while the other claims that this same version of RE is insufficiently determinate in practical contexts and will thus fail to be sufficiently action-guiding. The article then explicates the (...) sense in which RE qualifies as a coherence theory of justification, and considers several objections to RE that flow from its reliance on the putative connection between coherence and moral justification. (shrink)

Este texto se configura enquanto um ensaio sobre a análise das dinâmicas do olhar nas pornochanchadas através da problematização das noções de visibilidade e percepção. O primeiro momento, dividido em duas partes, liga as dinâmicas de visibilidade, com base nas discussões propostas por Didi-Huberman (1998) e Xavier (2003), às problemáticas de erotismo, nojo e individualidade propostas por A Dama do Lotação (Neville d´Almeida, 1978), enquanto o segundo faz a ponte entre os modos de percepção, distração e atenção, a partir dos (...) estudos de Merleau-Ponty (1984) e Crary (2013), e as especificidades de As Cangaceiras Eróticas (Roberto Mauro, 1974) enquanto pornochanchada que privilegia uma determinada abordagem do humor e do erotismo. (shrink)

O cerne da problemática empirista de Hume está na questão do estatuto da experiência. Esse conceito se desdobra, em sua filosofia, nas distinções que ele faz entre as diferentes impressões, entre os diferentes processos originários de ideias. Sejam elas simples ou complexas, de sensação ou de reflexão, cada impressão produz uma determinada ideia. Cada impressão, portanto, corresponde a um processo específico de produção das ideias. O presente artigo tem como propósito investigar o estatuto das impressões em Hume, bem como o (...) processo de surgimento e de transformação das ideias. Acreditamos, pelas razões que aqui procuramos expor, que a experiência em Hume funciona como uma metamorfose, pois ela é a transmutação de um único e mesmo material. Trata-se de um percurso, de um devir que vai do simples ao complexo, das sensações à reflexão, por pura imanência. (shrink)

Ernst Haeckel was convinced that the origin of language was the keyto understand human evolution. The distinguished slavist AugustSchleicher was his original inspiration on that matter but hiscousin Wilhelm Bleek was the deciisive source for his views of human language. Bleek lived in Southern Africa, studied Xhosa andZulu, and had the rare opportunity to learn the bushman languagewhich, with its characteristic clicks, suggested the form of theoriginal human language in its evolution from ape-like sounds.Haeckel's view of anthropology based on cultural (...) elements ratherthan physical characters alone was shared by other scholars includingthe Vienna-based Friedrich Mueller who applied Haeckel's approachin his studies during the voyage of the Habsburg ship ``Novara.'' Haeckel's anthropological views were heavily entangled with contemporaryconceps of race so that he and Mueller related different languages todifferent human groups both from a cultural and racial angle. Suchracialist attitude presented obvious political implications which allauthors mentioned denied vehemently. (shrink)