O COMPARECIMENTO ELEITORAL FACULTATIVO E O RETROCESSO DEMOCRÁTICO.

In this paper I will tackle three issues. First, I aim to briefly outline the backbone of semantic minimalism, while focusing on the idea of ‘liberal truth conditions’ developed by Emma Borg in her book ‘Minimal Semantics’. Secondly, I will provide an account of the three principal views in legal interpretation: intentionalism, textualism and purposivism. All of them are based on a common denominator labelled by lawyers ‘literal meaning’. In the paper I suggest a novel way of viewing this common (...) denominator as almost identical to the Borgian ‘liberal truth conditions’, at least at a conceptual level. In the third section I will focus on the conceptual similarities between the two ideas. I intend to depict that, although legal theorists do not admit it explicitly, they treat literal legal meaning as minimal propositional content that can be ascribed liberal truth conditions. There are two main objections to liberal truth conditions: their under-determinacy and unintuitive character. Both objections can be applied to ‘literal meaning’. However, the idea of liberal truth conditions gives an adequate account of what lawyers call literal meaning and is helpful in explaining the mechanism of understanding of provisions and reasons leading to the necessity of statutory interpretation. (shrink)

I investigate: to what extent do folk ascriptions of lying differ between casual and courtroom contexts? to what extent does motive to lie influence ascriptions of trust, mental states, and lying judgments? to what extent are lying judgments consistent with previous ascriptions of communicated content? Following the Supreme Court’s Bronston judgment, I expect: averaged lying judgments to be similar in casual and courtroom contexts; motive to lie to influence levels of trust, mental states ascriptions, and patterns of lying judgments; retrospective (...) judgments of lying, after being presented with the state of the world, to be inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content she did not communicate. I performed a survey experiment on the Qualtrics platform. Participants were recruited through Amazon Mechanical Turk. I employed standard Likert scales and forced-choice questions. I found that: average lying judgments are similar in casual and courtroom contexts; motive to lie decreases trust ascription and increases lying judgment; judgments of lying are inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content they did not communicate. Perjury ascriptions are inconsistent. The Supreme Court’s worries expressed in the Bronston judgment are well founded. This article helps reforming jury instructions in perjury cases. (shrink)

The essay “Practising ‘cruel optimism’: Eight Months on Ghazzah Street by Hilary Mantel” delves into Mantel’s novel through the lens of Berlant’s concept of cruel optimism. Berlant’s construct, rooted in the pursuit of conventional notions of a fulfilling existence, highlights the protagonists’ endeavors in Saudi Arabia as a postcolonial adventure bound to end in disillusionment. Mantel’s portrayal of Frances Shore and her husband Andrew illuminates the tension between their aspirations for financial security and the disconcerting realities of cultural displacement and (...) legal constraints under Sharia law. The city’s architecture mirrors Frances’s sense of unease, resembling oppressive structures associated with fascist regimes. The portrayal of Jeddah’s construction environment, echoing totalitarian aesthetic reminiscent of fascist regimes, serves as a compelling allegory for Frances’s sense of entrapment within a society where her agency is circumscribed by gendered and legal strictures. Casting Frances as a contemporary iteration of the Gothic heroine ensnared within her domicile, Mantel explores the disjuncture between the alleged benevolence of religious doctrine and the punitive nature of its legal apparatus. Frances’s interrogation of this dissonance not only underscores the pervasive nature of cruel optimism but also hints at the inherently paradoxical nature of faith systems that simultaneously offer solace and impose constraints. Through its fluid engagement with concepts of cruel optimism, urbanity, and gender dynamics, the essay invites readers to contemplate the multifaceted interplay between individual aspiration and systemic coercion within the affluent and autocratic socio-cultural landscape. (shrink)

Celem artykułu jest przedstawienie wyzwań i trudności, jakie mogą pojawić się w procesie oceny przez komisje etyczne projektów badawczych bazujących na jakościowych technikach gromadzenia danych uzyskiwanych od osób świadczących różnego rodzaju usługi seksualne. Badania te zwykle podlegają ocenie komisji etycznych ze względu na ryzyko krzywdy dla uczestników, którzy postrzegani są jako szczególnie „podatni na zranienie”. Jednocześnie ze względu na stygmatyzację społeczną, jaka wiąże się ze świadczeniem usług seksualnych, zarówno badacze, jak i osoby uczestniczące w badaniu i wchodzące w skład komisji (...) etycznych mogą mieć swoje wyobrażenia i oczekiwania co do tego, jak powinny przebiegać etyczne badania w tym obszarze. Odwołując się do doświadczeń badaczek anglosaskich, omówię, jak te oczekiwania oraz wymagania komisji etycznych zderzają się, stawiając badaczy przed koniecznością spełniania rozbieżnych czy wręcz sprzecznych oczekiwań różnych aktorów społecznych. Zaproponuję także, w jakim kierunku mógłby zmienić się sposób działania rodzimych komisji etycznych, aby proces uzyskiwania ich aprobaty był bardziej demokratyczny i otwarty na zróżnicowane potrzeby tak badaczy, jak i osób uczestniczących w badaniach. (shrink)

This paper proposes an alternative view of the connection between knowledge and truth. Truth is traditionally seen as a semantic notion, i.e. a relation between what we say about the world and the world itself. Epistemologists and philosophers of science are therefore apt to resort to correspondence theories of truth in order to deal with the question whether our theories and beliefs are true. Correspondence theories try to define truth, but, in order to do so, they must choose a truth (...) bearer, i.e. something capable of being true, for instance, propositions, sentences or statements. According to the analysis here proposed, none of these truth bearers can be defined without reference to the others. The pragmatic, alternative view here presented, in its turn, is unaffected by this kind of conceptual difficulty. According to this view, one must focus on the use of truth terms – such as ‘true’, ‘false’, ‘correct’, ‘appropriate’, etc. – and the methodological role such terms play in the investigative practices and research programs to be found both in the sciences and in other, everyday investigative activities, such as forensic and journalistic investigations. (shrink)

The concept of natural kind is center stage in the debates about scientific realism. Champions of scientific realism such as Richard Boyd hold that our most developed scientific theories allow us to “cut the world at its joints” (Boyd, 1981, 1984, 1991). In the long run we can disclose natural kinds as nature made them, though as science progresses improvements in theory allow us to revise the extension of natural kind terms.

Le livre d’Alexandre (Zeke) Mazur [= AZM] est une édition posthume de sa thèse de doctorat soutenue en 2010 à l’Université de Chicago. Cette publication était très attendue, car, bien avant que la soutenance ait eu lieu, les vues originales d’AZM sur la mystique plotinienne attiraient l’attention des spécialistes. Dans les années 2003-2004, le jeune chercheur a fait une entrée remarquée dans le débat universitaire, en publiant un long article en deux parties : « Unio Magica, Part 1 : On (...) the M... (shrink)

The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights. The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second Amendment will (...) be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller ). It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”. (shrink)

uma das teses fundamentais de Habermas no que diz respeito à relação entre direito e moral é que o direito alivia três exigências que são feitas à moral, quais sejam, exigência cognitivas, motivacionais e organizacionais. Os defensores de uma relação forte entre direito e moral, como por exemplo Dworkin, sustentam que a moral deve ser chamada para resolver os casos difíceis do direito. Ora, Habermas parece afirmar justamente o contrário, a saber, que é o direito que é chamado a suprir (...) um déficit cognitivo da moral. O texto explora as consequências dessa afirmação para a teoria discursiva do direito de Habermas, em relação a uma das teses fundamentais do positivismo jurídico, qual seja, a de que a moral não pode ser um fundamento para o direito justamente por causa de sua indeterminação cognitiva, razão pela qual os positivistas jurídicos afirmam o elemento de decisão última da autoridade do direito, sem que, para tal, o conteúdo seja o ponto determinante. O texto coteja o quanto a teoria discursiva do direito de Habermas se aproxima ou se afasta dessa tese fundamental do positivismo jurídico. (shrink)

I argue that the increased rate of innovation in eighteenth-century England cannot be understood without accounting for the unprecedented level of contact between England and other societies as a consequence of sixteenth-century colonialism. I propose cultural interconnectedness and in-group cooperation as two potential alternative explanations for the psychological changes and innovative behavior described by Baumard.

O conteúdo normativo da modernidade fundamenta a distinção entre moral e ética, bem como, no âmbito da teoria da justiça, a prioridade do justo sobre o bom. A normatividade assim concebida parte do pluralismo incomensurável de doutrinas e concepções de bem. O direito à liberdade que sustenta o edifício do consenso liberal não é uma base suficiente para dar conta de decisões aceitáveis por todos em questões de bioética. Por isso, duas alternativas são possíveis, aquela de um modus vivendi entre (...) as várias posições e aquela processual. Sugere-se que somente esta última pode fundamentar um consenso razoável entre as diversas posições. (shrink)

L’article propose d’examiner un cas particulier du rapport entre la métaphysique médio-platonicienne et la doctrine chrétienne de la moitié du ii e siècle, en mettant en rapport trois auteurs appartenant à la même génération : Atticus, Justin et Valentin. Atticus est auteur d’une interprétation singulière du Timée 39e7-9, selon laquelle le Modèle intelligible, dont le Démiurge use pour former le monde, est situé en dehors et au-dessous du Démiurge. Cette disposition, critiquée et abandonnée par les néoplatoniciens, semble cependant connaître un (...) certain succès chez les chrétiens, cherchant à décrire le rapport entre le Dieu Créateur et son Logos-Fils. En ajoutant abondamment des expressions bibliques au vocabulaire platonicien, Justin et Valentin – chacun à sa façon – montrent que l’inspiration platonicienne dans la théologie chrétienne peut se faire de manière très subtile et très variée. (shrink)

The structure of everyday communication reflects metaphorical thinking. People speak about the presence or absence of problems in terms of weather. Problems appear in every¬day life and so does the weather topic. Bad weather often evokes sadness, therefore it can be to said to constitute a problem; similarly, good weather is often equated with cheerful mood. Thus, in view of the above analysis, weather can be seen as an im¬portant experiential basis for conceptual metaphors.

In the present paper we argue that although the semantics of both legal and moral statements can be explained with the use of a unified framework called hybrid or quasi-expressivism (Finlay & Plunkett, 2018), there still is an important difference in the semantics of moral and legal terms. Namely, while the truth conditions of legal statements are widely intersubjectively shared, this is not the case with moral statements. We demonstrate this difference using the example of the ex aequo et bono (...) adjudication method. In the first background section we explain what is hybrid or quasi-expressivism as well as what is the standard account of the semantics of moral and legal statements. In the next section, we explain in detail how we aim to demonstrate that the semantics of legal terms and the semantics of some moral terms, such as ‘goodness’ or ‘fairness’, differ importantly. In order to illustrate the difference, we next explain the ex aequo et bono adjudication method and provide examples of cases in which this method has been employed. Crucially, this method is extremely rarely used, which highlights the difference between the semantics of legal and moral statements. Finally, we provide our interpretation of why ex aequo et bono adjudication is so seldom employed and what consequences this has for a theory of the semantics of legal and moral terms. (shrink)

Nature is frequently operationalized as greenery or water to estimate the restorativeness of the environment. Pursuing a deeper understanding of the connection between representation of naturalness and its relationship with restoration, we conducted an experiment aimed to investigate if the sky is perceived as an element of nature. The main goal of this study was to understand how the composition of the environment guides people’s selection of sky as nature in an explicit task. Moreover, we investigated how the amount of (...) visible sky determines this relationship. One hundred five participants participated in a novel explicit judgment task conducted online. In this task, we prepared a set of images trimmed out of 360-degree high dynamic range images. The images were classified according to two primary independent variables representing type of environment and horizon level. Each participant was asked to select, by clicking on the image, what they consider as “nature.” In addition, they were asked to judge images on five visual analogue scales: emotional response, aesthetic preference, feeling of familiarity, the openness of the space and naturalness. For analysis, images were segmented into 11 semantic categories with each pixel being assigned one semantic label. Our results show that, sky is associated with selections of nature in a specific pattern. The relationship is dependent on the particular set of conditions that are present in the environment rather than the type of the environment. The availability of sky on the image affects the selection of other nature labels with selections more likely when only a small amount of sky was available. Furthermore, we found that the amount of sky had a significant positive association with the naturalness rating of the whole image, but the effect was small. Our results also indicate that subjective selections of sky predict the naturalness better than trees and water. On the other hand, objective presence of trees and water has a stronger positive association with naturalness while objective presence of sky is positively associated with naturalness. The results show that, relative to its availability sky is considered as nature. (shrink)

In his critic of the doctrine of Bardaisan, Ephrem the Syrian devotes a lot of space to reflection on the meaning of the terms ītutā and ītyā which, as he denounces, are used inaccurately by his opponent. These Syriac terms can be translated by “being” or “essence”, but also by “substance”. This observation leads us to propose the comparison with the Greek term οὐσία, taking into account many difficulties raised by its uses in theological discourse. The article is devoted to (...) the analysis of the uses of the terms ītutā and ītyā ‑ by Ephrem and by Bardaisan ‑ in their different ways of describing the divine essence. This comparison reveals the peculiarities of the two systems of thought and also their connections with the Greek philosophical doctrines. (shrink)

In the present study, clinically depressed and non-depressed adults described the events that happened to them each day for two weeks, and these descriptions were content analys...

This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a “conversational implicature.” This book addresses the (...) question of whether implicatures occur in the legal language, firstly illustrating why the classic Gricean theory is not applicable to the description of legal language and proposing a novel approach based on a modification of Andrei Marmor’s “strategic speech.” Subsequently, it analyzes neo-Gricean theories and their limited use for describing the mechanisms of legal interpretation, and discusses the possibility of pragmatic enrichment of legal content as well as the notion of completeness of a legal proposition. Lastly, it illustrates how the developed theory works in practice, with examples from penal and civil law cases. The book is helpful to legal practitioners, since it provides insights into the reasons for and linguistic mechanisms behind courts’ decisions, but also to philosophers of law, philosophers of language, linguists and non-experts wishing to better understand the mechanisms of legal decision making. (shrink)

Bullying has damaging short-term and long-term consequences. Research suggests that perpetrators have low empathy and high moral disengagement, but relations between these variables are unclear and are rarely integrated in a single study. Thus, the objective of this study was to discover if empathy and moral disengagement mechanisms were related to bullying perpetration. This study was conducted with 904 Polish adolescents enrolled in 6 rural and urban upper secondary schools. High affective empathy predicted lower bullying perpetration. Moral-disengagement mechanisms such as (...) moral justification, euphemistic language, advanced comparison, and distorting consequences were uniquely related to increased bullying perpetration. Low affective empathy was also uniquely related to increased perpetration. These findings have important implication for school policy and practice. (shrink)

The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.

The education is, no doubt, a fundamental question in Plato’s thought. The Republic, considerate by many people as his masterpiece, takes care of this aspect, not without directing it through a political obliquity. In the greek society that honoured, above all, the formation of free citizens, education and politics were necessarily together. Nevertheless, we want to punctuate how, to Plato, both of them are subordinate to the ontological question.

The identity of the historical Jesus has been object of a constant study and investigation. Throughout history new discoveries and statements have been made, some to cooperate and assist with the Christian faith, which profess Jesus as Lord and Savior; others, however, in order to extricate the Christ of faith presented by the Gospels, from the historical Jesus. This issue is so old that takes theologians and scholars to deeply dig in search for information, having as one of the references, (...) the Apostle Paul, author of many letters compiled to the New Testament. The apostle is notorious, being recognized, among other things, through his writings, as one of the most outstanding works on the interpretation of Jesus' life; but they are scarce about mentioning the Historical Jesus. This fact is explained by some theologians by the foreknowledge that Pauline recipients had about Jesus. So Paul is not interested in explore this question, since there were already other works making references on the subject, as the gospels, and their goals are different, although some elements are highlighted in Paul, as the passion, crucifixion and resurrection of Christ. This article briefly discusses the problem of the Historical Jesus and highlights the elements that make reference to this matter, through the Apostle Paul, highlighting the second letter to the Corinthians. (shrink)

O texto apresenta, resumidamente, quatro teorias ou modelos de democracia: agregativa, deliberativa, agônica e homogênea. Apresenta, em seguida, diversas críticas endereçadas a tais modelos. Considerando essas teorias e suas críticas, o presente estudo busca apresentar elementos que seriam indispensáveis ao tratamento da democracia. Ao final, tece algumas considerações críticas e construtivas a respeito da importância de que tais elementos sejam considerados ao se tratar da democracia. Palavras-chave: Democracia. Elementos. Metateoria. Direito. Política.

This paper presents human rights in connection with the dispute between legal positivism and legal non-positivism. The importance of this topic can be evaluated by the debate that took place between Hart and Dworkin. Indeed, much of Dworkin’s work can be considered a reaction to Hart’s positivism. The presented study argues for the defense of the thesis that in order to understand such a debate it is important to take a position between moral noncognitivism and moral cognitivism. The hypothesis is (...) that legal positivism does depend on the non plausibility of strong moral cognitivism. Therefore, only based on strong moral cognitivism would it be consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Human rights are in the center of this debate because they constitute the core of the current morality, especially the most important core of justice. (shrink)

The novel On the rocks o f Calvados is the first and the greatest achievement of Antoni Sygietyński’s art. The author of this article considered the work worthy of a special attention with regard to the way of presenting the problem of adultery. The writer gives the social explanation of infidelity not concentrating on the psychological side of this phenomenon. He emphasizes the decisive role of such social factors as: the origin, the model of education and the social milieu. From (...) his point of view they exert a great influence on the main heroine’s behaviour. The subject of the novel centres around the moral dilemmas of an individual more cultured than her fellow-citizens, who is forced to live in a primitive world. Sygietyński’s heroine, Berta – educated in a monastic school in Caen – experiences a painful disappointment after coming back to her family village. Her imagination, excited by the lecture of sentimental romances, lets her dream of an ideal, romantic love. She has high expectations of life. Unfortunately, the reality by no means resembles the literary world of stormy feelings and passions. Berta feels alienated in her own society as the lifestyle of its members conflicts definitely with her beliefs. It is worth noting that the writer shows a very striking picture of Grandcamp’s community. Its primitive and monotonous existence overwhelms the novel’s heroine. The marriage with a brutal, devoid of sensibility fisherman – Gabriel Orange – deepens much her loneliness. Small wonder then that the arrival of the French engineer to the sea-town arouses hope in Berta’s heart again. Armand de Coux seems to be an embodiment of all her yearnings. Berta Boudard commits adultery trusting that the lover will soon free her from such common and boring inhabitants of the fishermen’s village. On the Rocks o f Calvados is not the only work that points out the sociological aspect of a marital betrayal. Thus, this opinion encourages the reader to make further literary research. (shrink)

The article examines the metamorphosis of the Platonic Principle of Good in the doctrine of Basilides, the 2nd century Christian gnostic. The Basilidian doctrine represents a radical form of dualism, in which the universe ‑ physical and metaphysical ‑ is born from an encounter between Light and Darkness. In his effort to liberate the Light from all contact with Darkness, Basilide refers to several different mediators. Analysing the Basilidian myth in the light of the Platonic writings brings out the paradoxes (...) inherent in any attempts to construct a dualistic metaphysics within the Platonic context. (shrink)

L’oeuvre de Bardesane († 222), un philosophe chrétien gnosticisant de langue syriaque, nous est parvenue sous forme d’un traité, «Livre sur les lois des pays», et de nombreux fragments, souvent transmis par les adversaires de Bardesane et de ses disciples. Tel est le cas des quelques fragments sur la résurrection, conservés par Éphrem le Syrien († 373) dans un Discours contre Bardesane. L’analyse du texte, visant à séparer les positions de Bardesane et celles d’Éphrem, permet de proposer une nouvelle interprétation (...) de l’anthropologie bardesanite dans le contexte de sa théologie de la résurrection. Ainsi on peut noter chez lui une certaine influence de la doctrine stoïcienne de l’âme corporelle, connue également par des auteurs chrétiens du IIe siècle : surtout Tatien († 182) et Tertullien († 220). Le rapprochement avec Justin Martyr († 165) et Athénagore († 190) permet une relecture des idées de Bardesane sur la résurrection et souligne notamment son manque de références aux épîtres de Paul et la conviction que l’âme humaine est la seule concernée par le péché d’Adam et par la résurrection du Christ. (shrink)