Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend (...) two theses. I argue, first, that the notion of a detached statement cannot be made to work, and that Raz’s problem is thus not thereby solved. But the problem itself, I also suggest, is a false one. (shrink)

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. (...) Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. (shrink)

You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but...' reply-is to hold that your particular wrong was committed in (...) exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial. (shrink)

Most philosophers of criminal law agree that between criminal offences and defences there is a significant, substantial difference. It is a difference, however, that has proved hard to pin down. In recent work, Duff and others have suggested that it mirrors the distinction between criminal answerability and liability to criminal punishment. Offence definitions, says Duff, are—and ought to be—those action-types ‘for which a defendant can properly be called to answer in a criminal court, on pain of conviction and condemnation if (...) she cannot offer an exculpatory answer’; and defences are ‘exculpatory answers’ that ‘block the transition from responsibility to liability’. I criticise this answerability-based account of the offence/defence divide. It is descriptively false, I claim, as well as normatively unappealing. (shrink)

Wesley Newcomb Hohfeld's account of legal rights is now 100 years old. It has been much discussed, and remains very influential with philosophers and lawyers alike. Yet it is still sometimes misunderstood in crucial respects. This article offers a rigorous exposition of Hohfeld's framework; discusses its claims to comprehensiveness and fundamentality, reviewing recent work on the topic; and highlights the argumentative uses of Hohfeld's most important distinction.

Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by (...) the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself. (shrink)

Our paper has three parts. In Part 1, we discuss John Gardner’s thesis that the non-elliptical ascription of agency to law is a necessary and irreducible part of any adequate explanation of the activities of legal officials. We consider three explananda which might conceivably necessitate this ascription, and conclude that none in fact does so. In Part 2, we discuss two other theses of Gardner’s: that it makes no sense to ascribe to law the claim that there are legal obligations (...) , and that law’s claim is the claim that there are moral obligations . We take issue with Gardner’s arguments for , and suggest that is unwarranted in the absence of an argument that law makes any claims at all. In Part 3, we briefly argue that, insofar as it issues requirements, there are certain claims that law cannot but make. We conclude that if Gardner is right that law’s claims are those of certain of its officials, it is law-making and not law-applying officials who make law’s claim. (shrink)

This short paper addresses a well‐known difficulty in the Pure Theory of Law: the definition of a legal wrong. Kelsen was unable to offer a suitable one, critics say. I agree. But the critics misdiagnosed the problem, and prescribed for it a fruitless solution. The reason for Kelsen’s failure, the critics say, was that he thought the law consists only of sanction‐stipulating norms addressed to officials, and does not comprise duty‐imposing norms addressed to citizens. But the critics are wrong, exegetically (...) as well as substantively. Kelsen did not—and indeed could not—deny that there are such duty‐imposing norms; and it is not the case, in any event, that the admission that there are such norms would enable us to explain the notion of a legal wrong. Kelsen failed to provide an adequate characterization of the notion of a legal wrong, yes, but for a different reason. (shrink)

Successful accounts of analogy in law have two burdens to discharge. First, they must reflect the fact that the conclusion of an argument by analogy is a normative claim about how to decide a certain case. Second, they must not fail to accord relevance to the fact that the source case was authoritatively decided in a certain way. We argue in the first half of this paper that the common view of the structure of analogical arguments in law cannot overcome (...) these hurdles. In the second half we develop an original account that aims to succeed where others failed. (shrink)

This paper discusses the first incarnation of what came to be known as the “Frege-Geach” point. The point was made by Peter Geach in his 1960 essay “Ascriptivism”, and developed in “Assertion”, a 1965 piece. Geach’s articles launch a wholesale attack on theories of non-descriptive performances advanced by “some Oxford philosophers” whom he accuses of ignoring “the distinction between calling a thing ‘P’ and predicating ‘P’ of a thing”. One view that Geach specifically targets is H. L. A. Hart’s claim (...) that sentences of the form “X φ-ed” are not primarily descriptive but ascriptive of responsibility for actions. Hart explicitly accepted Geach’s criticism, and disowned his essay. I argue that he was wrong to do so. Perhaps the essay was worth retracting, but not because of Geach’s objections. I begin by restating and refining Geach’s arguments, in order to bring out the flaw he claimed to have detected in the “pattern of philosophising” that he took Hart’s essay to exemplify. I go on to argue that Geach’s original point poses no obstacle either to non-descriptivism in general, or to Hart’s sui generis non-descriptivist claim in particular. (shrink)

: In this paper we examine two challenges to the orthodox understanding of the fallacy of denying the antecedent. One challenge is to say that passages thought to express the fallacy can usually be given an interpretation on which they express valid arguments, entitling us to query whether the fallacy is commonly, if ever, committed at all. We discuss this claim in Section 1. The second challenge comes from those who think that there are legitimate uses of denying the antecedent (...) that have traditionally been overlooked. In Section 2 we propose a general test for claims of this sort, and assess three versions of this view. (shrink)

In his essay “Pre-Conventions: A Fragment of the Background”, Bruno Celano seems to endorse three claims about what he calls ‘pre-conventions’: that such ‘entities’ exist; that they are neither rules nor de facto regularities; and that their ‘character’ is at once factual and normative: that pre-conventions are “literally, ‘normative facts’.” I suggest that and are not particularly striking claims, and that Celano’s case for is unpersuasive.

I propose and defend a proof-based account of legal exceptions. The basic thought is that the characteristic behaviour of exceptions is to be explained in terms of the distinction, relative to some given decision-type C in some decision-making context, between two classes of relevant facts: those that may, and those that may not, remain uncertain if a token decision C is to count as correctly made. The former is the class of exceptions. A fact F is an exception relative to (...) some decision-type C, I claim, if (i) the ascertainment of F is sufficient for a token decision C not to count as correctly made, and (ii) the ascertainment of the negation of F is not necessary for a token decision C to count as correctly made. I also recuperate, reconstruct and discuss some of HLA Hart’s early views on defeasible judicial decisions. These two projects are closely connected: the latter is a vehicle for the former. (shrink)

Este pequeno texto é uma singela homenagem que dedico para o meu exprofessor da graduação em Filosofia e meu orientador no mestrado em Ética e Epistemologia da UFPI. Trata-se de um texto rememorativo e de agradecimentos pela convivência e aprendizagem que tive com o professor Dr. José Sérgio D. da Fonseca. A grata oportunidade de conhecer o professor Dr. José Sérgio ocorreu-me por volta do ano 2009 em uma disciplina de seminário, na qual o professor José Sérgio ministrou um curso (...) sobre filosofia da mente, se minha memória não falha. (shrink)

The use of Requirements at Runtime (RRT) is an emerging research area. Many methods and frameworks that make use of requirements models during software execution can be found in the literature. How...

This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.

Exposing Fake Logic by Avi Sion is a collection of essays written after publication of his book A Fortiori Logic, in which he critically responds to derivative work by other authors who claim to know better. This is more than just polemics; but allows further clarifications of a fortiori logic and of general logic. This collection includes essays on: a fortiori argument (in general and in Judaism); Luis Duarte D’Almeida; Mahmoud Zeraatpishe; Michael Avraham (et al.); an anonymous reviewer of (...) BDD (a Bar Ilan University journal); and self-publishing. (shrink)

Le discours managérial constitue un véritable genre et représente une catégorie particulière au sein des énoncés performatifs. L’objectif annoncé de présentation des orientations stratégiques et de dynamisation des équipes s’accompagne d’une mise en scène particulière qui constitue une des conditions de sa félicité, de son accomplissement. Le contexte d’internationalisation et d’interdépendance dans lequel se déroule l’activité des entreprises renforce la stéréotypie de ce langage qui mobilise un format, un vocabulaire et une syntaxe particulière marqués par l’anglicisme et l’asyncticité. Destiné à (...) unifier et à galvaniser les équipes, ce langage est porteur de signes de pouvoir et de distinction, il exclut plus qu’il n’inclut, génère la perplexité et le désarroi et s’inscrit dans une stratégie du flou qui semble être le seul mode contemporain de l’avenir économique. Circulant à l’envi dans la communauté internationale et de la finance qu’il unifie à sa manière, il a une force incantatoire sur la scène financière et médiatique mais un impact paradoxal sur le travail quotidien des hommes et des femmes. Langage de la spéculation et de l’anticipation, il est plus proche des discours de la performance que des énoncés performatifs.Managerial language is a genre in itself and makes up a particular category of performative speech. The stated objective when presenting strategic goals or team building strategies is always dressed up in a particular way that will determine its aptness and success. The context of internationalisation and interdependence in which business activities take place reinforces a stereotype of management-speak, based on a particular format, vocabulary and grammar permeated by anglicisms and lack of syntax. Aimed at unifying and galvanising business teams, « corpu-speak » conveys a sense of power and distinctiveness, suggests exclusiveness rather than inclusiveness, generates bewilderment and anxiety and is very much at one with the strategy of obfuscation that seems to be the sole contemporary register where the economic future is concerned. Circulating freely within the international and finance community and uniting it as it goes, it acts with the hypnotic effect of incantation on the financial and media scene but has a paradoxical impact on the daily working lives of men and women. As the language of speculation and anticipation, it is more akin to performance discourse than to performative speech. (shrink)

The contemporaneous ecological concern constitutes a tread line issue; the distance from superficial activist actions, although, as well as the credible philosophical - phenomenological - background that support the request for the stem cause, distinguishes and outstands Abram ‘s reflection. His poetic and prophetically discourse calls upon the need for a extremely disavowal reorganisation of the position of Man and his task within the cosmos.

Nos livros impressos, nem sempre as imagens estão de acordo com os textos que deveriam ilus­trar. Neste artigo, o autor analisa algumas estampas xilográficas que estão em desacordo com os textos que 'ilustram', em O Flos Sanctorum em linguagem português, impresso em Lisboa, por Hermão de Campos & Roberto Rabelo, em 1513.

This paper analyses the gender pay determinants between top and lower level of Portuguese employees. A relatively large data pool, for 2003, covering business functions hitherto neglected, sheds a new light into the factors that lead to the earnings of men and women. Our analysis combines human capital with internal-labour-markets theories. Our findings allow the identification of jobsegregation as one important source of the gender pay gap. Moreover, they confirm that earnings are determined by different factors and suggest a reasonable (...) opportunity for women to combine career and family. (shrink)

Esse artigo tem por objetivo analisar um conjunto de onze [11] cartas trocadas entre Jerônimo de Estridão (347 -420 d. C.) e Agostinho de Hipona (354-430 d. C.) e reconhecer que mesmo em meio a divergências de pensamento, os dois teólogos defenderam a fé cristã e os ensinamentos de Jesus Cristo como modelo a ser seguido pelo homem. Por meio dessas epístolas é possível perceber a autoridade eclesial mantida por Jerônimo e Agostinho em defesa das concepções e projetos cristãos. É (...) verdade que ambos não apresentaram o mesmo “rigor” acerca de determinados temas. Apesar das divergências constatadas e das relações conturbadas, eles se tratavam nas cartas como pessoas reunidas por Deus. As cartas que Jerônimo e Agostinho trocaram demonstram a firmeza e o posicionamento em defesa da fé cristã. As cartas selecionadas evidenciam um embate entre dois dos principais autores da patrística. Para realizarmos nossas reflexões acerca desse embate recorremos, teoricamente, à história social e ao conceito de longa duração, uma vez que as cartas nos permitem compreender um momento histórico no qual estava em curso um projeto de formação humana pautado na doutrina cristã que se efetivou e manteve-se por pelo menos dez séculos. (shrink)

The fictional regime of the photographic image allows Helena Almeida to stage a theatrical metamorphosis of her own body through displacements, expansions and dissimulations, placing photography at the heart of a pictorial transgression that undermines the disciplinary boundaries of visual media: the artist becomes ink, inhabits the empty canvas space, multiplies herself in mirror games that produce the unfolding of a body in deep crisis, thrown beyond its physical limits and identity. Moreover, in multimedia works such as Feel me, Hear (...) me and See me (1979–1980), as well as in some images of the series entitled The House (1982–1983), Almeida seems to move towards a radical linguistic and pictorial derangement, likely to break the traditional communicative and representative mechanisms. We seek to demonstrate, on the basis of these different aspects relating to photography’s effects of hybridization, and making use of the post-structuralist thought of Jacques Derrida and Gilles Deleuze, that the artist moves towards the designation of a structural space that combines photography, writing and the reinvention of the body. Almeida’s work confronts us with a complex reconfiguration of ways of seeing, feeling and thinking the photographic act, as well as its discursive features. (shrink)

The history of East Timor has gone through several moments of transformation due to human actions that have the presence of Portuguese, Japanese, Indonesians and different social groups and local kingdoms. With this, one can note the trend of the evolution of thinking, arising from education in philosophy and its contribution to the changes that were seen as necessary, were initial instruments for Timor to become a republic, not explored, but as an autonomous people. Thus, the aim of this article (...) is to present a reflection on the role of philosophy in the history of the Timorese society. Thus, philosophy should not be understood only with a mere sense of individualistic self-construction, or even an incorporation of circumstantial urgencies, but rather with regard to a content that must be taught and learned, given that there are languages and methods and that, with due importance, understanding is built, also developing more doubts and, thus, the philosophical character of national thought. However, it is necessary to recognize the assumption that philosophical themes were established according to universal terms, with Universal approaches and incorporated with the urgencies of each place. Thus, even the themes with a challenging nature, there was still Timorese philosophical expression of clear importance for the development of a national idea, so that philosophy is present and is still discussed in all periods that make up the National History. In that regard, this article will offer in the first part an introduction, second philosophy, third history, fourth nation building, fifth the history of struggle for national liberation and will be end with final consideration. (shrink)

Ce travail concerne la régulation morale de la Personne dans Je contexte du Brésil des années vingt aux années quarante, à partir de l'analyse des intenses rapports tissés dans cette période entre lanthropologie et la psychanalyse. Il décrit les conditions dans lesquelles s'établit Je dialogue entre ces deux savoirs, dans Je cadre des projets de «civilisation» du pays, entre les initiatives d'éducation et d'hygiénisation de l'État central et les débats médicaux et intellectuels sur les rapports entre l'héritage «africain» et la (...) possibilité de dépasser la condition culturelle « arriérée » du pays. (shrink)

This article will address Edith Stein's interests in relation to the microcosm of man, whether as a material, living, animated or spiritual body, as well as in his social, historical, community and cultural position. For Edith Stein, only through this set of interrelated and exclusive instances, each with its own particularities and yet dependent on the others. The phenomenological study of the SELF presented by the author, in the search for the Divine, for awareness of “character”, in the experience of (...) each part of one's own being, in experience, in empathy, where through philosophical anthropology Edith Stein conceives everyone as living beings, with man as a microcosm. For this reason, in the first part it will be discussed regarding The Centrality of the Body in Stein's Philosophical Anthropology. It has become a necessity within anthropology to refer to the body/empathy element. These two realities are established as essential in Stein's considerations and they are what will determine the scope of what refers to the empathic process and the Constitution of the self, elements so necessary for the recovery of the affirming reality of the human in its specification’s man/woman. In the second stage will address about the Soul and Spirit in Stein's Philosophical Anthropology. The living body is established in the fact that in addition to possessing external sensory characteristics, which can be grasped by consciousnesses, they themselves are holders of the ability to feel. Stein postulates as the first characteristic of the experienced body The Binding of the latter to an individual consciousness, to a subject. In his doctoral work, Stein turns to the characterization of an individual who has an essence that is established not only in the corporeal-psychic dimension, but also in that of spiritual appreciation. Finally, and will be closed with conclusions. (shrink)

Resenha de Chaisemartin, N.; Theodorescu, D. Le théâtre d’Aphrodisias : les structures scéniques. Aphrodisias 8.

The scientific community has debated the importance of “return” activities after ethnobiological studies. This issue has provoked debate because it touches on the ethics of research and the relationships with the people involved in these studies. This case study aimed to investigate community perception of an ethnobotany research project that was carried out in the semi-arid region of northeastern Brazil. Furthermore, we reported how the residents of this rural community felt about participating in the activities of “return” that arose from (...) the projects. Our findings demonstrate that “return” activities should be planned from the design phase of the research until its closure as a lifelong process that allows the communities involved to gradually take ownership of the information and actions that are being generated. Similarly, we argue that such activities must be negotiated with the people of the community so that they have decision-making power and autonomy to decide what is most relevant to their lives. (shrink)

Esse artigo tem por objetivo analisar um conjunto de onze [11] cartas trocadas entre Jerônimo de Estridão (347 -420 d. C.) e Agostinho de Hipona (354-430 d. C.) e reconhecer que mesmo em meio a divergências de pensamento, os dois teólogos defenderam a fé cristã e os ensinamentos de Jesus Cristo como modelo a ser seguido pelo homem. Por meio dessas epístolas é possível perceber a autoridade eclesial mantida por Jerônimo e Agostinho em defesa das concepções e projetos cristãos. É (...) verdade que ambos não apresentaram o mesmo “rigor” acerca de determinados temas. Apesar das divergências constatadas e das relações conturbadas, eles se tratavam nas cartas como pessoas reunidas por Deus. As cartas que Jerônimo e Agostinho trocaram demonstram a firmeza e o posicionamento em defesa da fé cristã. As cartas selecionadas evidenciam um embate entre dois dos principais autores da patrística. Para realizarmos nossas reflexões acerca desse embate recorremos, teoricamente, à história social e ao conceito de longa duração, uma vez que as cartas nos permitem compreender um momento histórico no qual estava em curso um projeto de formação humana pautado na doutrina cristã que se efetivou e manteve-se por pelo menos dez séculos. (shrink)

Resumo: Este texto discute a hipótese de que a crise das democracias contemporâneas é indissociável de dois fenômenos políticos distintos, porém correlatos, analisados a partir das teorizações de Michel Foucault sobre a biopolítica e o neoliberalismo: a) a crescente disseminação de atos e discursos de violência, de ódio e de preconceito contra populações vulneráveis, obedecendo à lógica biopolítica da proteção da vida de alguns ao custo da exposição à morte de vastas parcelas da população; b) a disseminação de políticas neoliberais (...) para a gestão da vida de populações vulneráveis. Considera-se que a articulação entre biopolítica e neoliberalismo produz o paradoxo de uma democracia sem demos, no sentido da desvalorização das lutas políticas coletivas por direitos iguais e por melhores condições de vida. Na conclusão, sugere-se que a reinvenção da democracia exige repensar o poder do demos, isto é, repolitizar o poder político de categorias sociais sujeitas a processos históricos de vulneração. Palavras-chave: Crise da democracia. Biopolítica. Neoliberalismo. Foucault. Butler. Democracy in crisis: biopolitics and neoliberal government of populations: This text discusses the hypothesis that the crisis of contemporary democracy relates to two distinct political phenomena, however correlated, analyzed thru Michel Foucault’s concepts about biopolitics and neoliberalism: a) the ascending dissemination of acts and discourses of hate, violence and prejudgment against vulnerable populations, according to the biopolitical logics of protecting the life of some at the expense of exposing the life of others to death; b) the dissemination of neoliberal policies to administrate the life of vulnerable populations. I argue that both phenomena seem to imply the paradox of a democracy without the demos, in the sense of the devaluation of collective political struggles for equal rights and for better life conditions. At the conclusion, it is suggested that the reinvention of democracy requires rethinking the power of the demos in the sense of re-politicizing the political power of social categories subjected to historical process that render them vulnerable. Keywords: Crisis of democracy. Biopolitics. Neoliberalism. Foucault. Butler. Démocratie en crise : biopolitique et gouvernement néolibéral de populations Résumé : On discute l’hypothèse que la crise de la démocratie contemporaine est associée à deux phénomènes politiques distinctes, mais corrélâtes, analysés par les concepts de Foucault sur la biopolitique et le néolibéralisme : a) la vague accrue d’actes et de mots de violence, haine et pré-jugements contre des populations vulnérables, selon la logique biopolitique de la protection de la vie de quelques-uns au prix du rejet à la morte de la vie des autres ; b) la dissémination des politiques néolibéraux vouées à la gestion de la vie des populations vulnérabilisées. L’articulation entre biopolitique et néolibéralisme semble impliquer le paradoxe d’une démocratie sans demos, au sens de la dévaluation des luttes politiques collectives pour des droits égaux et pour des meilleures conditions de vie. Finalement, on considère la réinvention de la démocratie par la ré-politisation du pouvoir du demos en tant que pouvoir des catégories sociales soumises à la vulnération. Mots-clés: Crise de la démocratie. Biopolitique. Néolibéralisme. Foucault. Butler. (shrink)

Humanity Divided focuses on the multiple challenges associated with the concept of Israel's divine election, especially as reflected in the thought of Martin Buber and other Modern Jewish thinkers such as Franz Rosenzweig, Hermann Cohen, Yeshayahu Leibowitz, David Hartman, Hannah Arendt, and Aviezer Ravitzky. Particular attention is given to the practical application of Israel's chosenness to Jewish nationalism, Zionism, and political Messianism.

Inicialmente, considera-se como as possibilidades de relações entre a psicanálise e a filosofia de Peirce têm sido objeto de trabalhos de filósofos e psicanalistas. São destacadas as noções de Winnicott sobre os objetos e fenômenos transicionais e o brincar, como uma área de particular interesse para o estudo dessas relações, dadas suas ligações com a filosofia de Peirce. É, então, indicado como Winnicott faz referência às relações da simbolização com os objetos e fenômenos transicionais e indica como um “full understanding” (...) dos processos de simbolização podem contribuir para o conhecimento desses fenômenos. Considerando essa manifestação de Winnicott, é examinado de que modo a semiótica de Peirce contém elementos que auxiliam o entendimento do que é chamado de “simbolização”, por Winnicott. Assim,, também permitindo a discriminação dos aspectos semióticos presentes nos objetos e fenômenos transicionais e no brincar, permitindo, assim, uma ampliação de algumas dimensões da significação das concepções de Winnicott. As questões referidas são examinadas amplamente nos casos clínicos de “Edmund” e “Diana”, citados por Winnicott e em outras duas situações clínicas apresentadas pelo autor. (shrink)

ObjectiveCochlear explantation for purely elective (e.g. psychological and emotional) reasons is not well studied. Herein, we aim to provide data and expert commentary about elective cochlear implant (CI) removal that may help to guide clinical decision-making and formulate guidelines related to CI explantation.Data sourcesWe address these objectives via three approaches: case report of a patient who desired elective CI removal; review of literature and expert discussion by surgeon, audiologist, bioethicist, CI user and member of Deaf community.Review methodsA systematic review using (...) three scientific online databases was performed. Included articles addressed the benefits and/or complications of cochlear implantation in young children, CI explantation with or without revision surgery and the ethical debate between the medical and Deaf communities on cochlear implantation and explantation.ConclusionsThe medical and audiological perspectives identify a host of risks related to implant removal without reimplantation, including risk from surgery, general anaesthesia, cochlear ossification and poor audiometric outcomes. The member of the deaf community and bioethicist argue that physicians need to guide the principles of beneficence, non-maleficence and patient autonomy. Taken together, patient desires should be seen as paramount, if the patient is otherwise fit for surgery and well informed.Implications for practiceSimilar to the case of device implantation, device explantation should be a multidisciplinary and collaborative decision with the patient and the family’s desires at the centre. While every case is different, we offer a CI explantation discussion to assist in clinical decision-making, patient counselling and education. (shrink)

Sentences such as "The author started the book" are indeterminate because they do not make explicit what the subject (the author) started doing with the object (the book). In principle, indeterminate sentences allow for an infinite number of interpretations. One theory, however, assumes that these sentences are resolved by semantic coercion, a linguistic process that forces the noun "book" to be interpreted as an activity (e.g., writing the book) or by a process that interpolates this activity information in the resulting (...) enriched semantic composition. An alternative theory, pragmatic, assumes classical semantic composition, whereby meaning arises from the denotation of words and how they are combined syntactically, with enrichment obtained via pragmatic inferences beyond linguistic-semantic processes. Cognitive neuroscience studies investigating the neuroanatomical and functional correlates of indeterminate sentences have shown activations either at the ventromedial pre-frontal cortex or at the left inferior frontal gyrus. These studies have supported the semantic coercion theory assuming that one of these regions is where enriched semantic composition takes place. Employing fMRI, we found that indeterminate sentences activate bilaterally the superior temporal gyrus, the right inferior frontal gyrus, and the anterior cingulate cortex, more so than control sentences ("The author wrote the book"). Activation of indeterminate sentences exceeded that of anomalous sentences ("…drank the book") and engaged more left- and right-hemisphere areas than other sentence types. We suggest that the widespread activations for indeterminate sentences represent the deployment of pragmatic-inferential processes, which seek to enrich sentence content without necessarily resorting to semantic coercion. (shrink)