The book then discusses another group of issues ("whether it is, what it is, how and why it is"), which determined the argumentation, the axiomatic ordering of the sciences, and concludes with a demonstration on the basis of concrete ...

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

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

In this paper, I attempt to discuss the role played by the figure of Apostel Paul inside several texts of four authors: Heidegger, Badiou, Agamben and Žižek. My hypothesis is that Heidegger and the contemporary philosophers do not turn to Apostle Paul guided primarily or exclusively by theological interest or perspectives, yet they pose a great challenge to the religious thought. Heidegger’s return to Saint Paul has a philosophical-phenomenological aim: highlighting the carrying structures of the temporality of factic life. Badiou, (...) Agamben and Žižek are interested in Paul as a political personality, a poet-thinker of an Event, who has to enforce a universal singularity both against the current legal abstractions and against communitarian and particularistic claims. They rely on Paul when confronting the postmodernism and when examining what constitutes the political. Against the postmodern doxa, Badiou, Agamben and Žižek aim at the revitalization of the politics of universal truth. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

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

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

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

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This paper presents and analyses the activities in Hungarian language that took place in the spring of 2019, examining the topic of friendship and love, following Matthew Lipman’s methodology. The location of our activities was one of the branches of the Octavian Goga Cluj County Library, with an average number of 8 participants (children aged between 6 and 15 years). These discussions helped children to understand the complexity of friendship as a moral value and phenomenon, the discussion and resolution of (...) potential conflicts, the importance of explaining their views accurately, and their contribution to making things better. (shrink)

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

This short piece is the introduction to the Special Issue on ‘Virtue and the Law’ published by Jurisprudence in March 2019 (vol 9, issue 1). It explains the scope of the project and its place in the unfolding of virtue jurisprudence that has occurred in the past few decades, as well as introducing the topics addressed in the volume. In the first couple of pages the authors/editors outline a very brief genealogy of virtue jurisprudence and of its relation to both (...) legal theory and virtue theory. The rest of the text presents the contributions to the volume in turn, identifying some of the substantive issues addressed by each of them and their place in the investigation of the interface between virtue theory and legal theory. (shrink)

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

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

La presente contribución recoge el diálogo mantenido entre distintos filósofos del Derecho a propósito de la última obra del Profesor Massimo La Torre “Il diritto contro se stesso. Saggio sul positivismo giuridico e la sua crisi”. Al hilo del trabajo del citado autor, los participantes reflexionan sobre preguntas centrales para la teoría y filosofía del Derecho contemporánea: ¿cuál es la naturaleza del Derecho? ¿es el razonamiento jurídico eminentemente moral? ¿qué lugar debe ocupar la práctica jurídica en su conceptualización? ¿qué lugar (...) ocupa la fuerza en el Derecho? (shrink)

Peirce’s category of Firstness is first and fundamental. Without Firstness, we can say, nothing can (later) be – no time, no space, no things, no processes, no growth, no regularities, and no thoughts – hence, nothing of which we can ever conceive. However, despite the fundamentality of Peirce’s category of Firstness, we still do not believe that it has received the attention that it rightly deserves; not by Peirce himself, nor by his commentators. In the following we will, therefore, look (...) at the category of Firstness and try to give a modest glimpse of its fundamentality in relation to four other of Peirce’s central concepts: namely, evolution, consciousness, icon, and, finally, abduction. (shrink)

Charles Peirce provided a few, but interesting we believe, remarks about metaphor. Aristotle on the other hand developed a theory of metaphor that, to this day has been, and still is, influential (even though his theory, especially within recent years, also has been heavily criticized, e.g., by Lakoff, George & Mark Johnson. 1980. Metaphors we live by. Chicago: Chicago University Press). Factor, Lance R. 1996. Peirce’s definition of metaphor and its consequences. In Vincent Colapietro & Thomas Olshewsky (eds.), Peirce’s doctrine (...) of signs: Theory, applications, and connections, 229–235. Berlin/new York: Mouton De Gruyter, as one of very few scholars, makes a comparison between Peirce and Aristotle. Factor claims that Peirce’s definition of metaphor and its consequences undermine and overturn Aristotle’s theory. We do not believe that Factor is right; and this is due to Factor’s misinterpretation of key elements within Aristotle’s theory. We rather believe that Peirce and Aristotle, in fact, have central ideas in common concerning metaphor; perhaps, in particular, when it comes to the function of metaphor. Hence, both see, for example, metaphor as a cognitive mechanism. The article tries to develop this argument. (shrink)

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

Doctor Virtualis 16 "Narrare il Medioevo" - Introduzione Doctor Virtualis 16 "Narrating the Middle Ages" - Introduction.

In the 13th century, the availability of Aristotle’s treatises of natural philosophy encouraged forms of integration between libri naturales and sapientia biblica. Instead of diving into allegory and symbolism, several Dominican exegetes began to explore more realistic approaches. The foremost figure is Albert the Great. In his biblical commentaries, philosophy of nature and theology join forces as complementary forms of knowledge. By focusing on Albert’s De vegetabilibus, this paper is aimed at analyzing in which ways the Dominican master reuses his (...) naturalistic and, especially, botanical knowledge as an exegetical tool to deepen both the historical and the allegorical sense, realism and spiritual interpretation. (shrink)

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

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