A adoção de um catálogo constitucional de direitos e o fortalecimento do judicial review, trouxeram como consequência a judicialização da política em inúmeras democracias, onde se verifica uma expansão da atuação do Poder Judiciário em detrimento das esferas representativas do Estado. Neste contexto, tem se observado em países do Sul Global, o emprego de novos mecanismos procedimentais em casos que envolvem a violação contínua e generalizada de direitos fundamentais, de alguns grupos menos favorecidos, decorrente de bloqueios políticos e institucionais, denominados (...) de “litígios estruturais”. (shrink)

ABSTRACT:Since the dawn of capitalism, corporations have been regarded by the law as separate legal “persons.” Corporate “personhood” has nonetheless remained controversial, and our understanding of corporate personhood often influences our thinking about the social responsibilities of corporations. This essay, written in honor of Prof. Thomas Donaldson, explores the tension in recent decisions by the U.S. Supreme Court and the Delaware Chancery Court about what corporations are, whose interests they serve, and who gets to make decisions about what they do. (...) These decisions suggest that the law does not unequivocally support Donaldson’s vision of corporations as “moral” persons. (shrink)

Illuminating the complex relationships between tribal informants and twentieth-century anthropologists such as Boas, Parker, and Fenton, who came to their communities to collect stories and artifacts"--Provided by publisher.

In “The Ethics of Access: Reframing the Need for Abortion Care as a Health Disparity,” Watson considers the advantages of framing the need for abortion as an issue of health disparities. Dra...

In at least some cases of future directed propositional hoping, facts about the hoper become puzzling if one supposes that the object of hoping is a future tensed proposition. These facts are easily explained by the alternative suppostion that the hoper accepts a future tensed proposition but bears the hopingattitude toward a disjunctively tensed proposition. Parallel remarks apply to past directed and present directed prepositional hoping. Thus, at least some instances of hoping have as their objects disjunctively tensed rather than (...) purely tensed propositions. Propositional remembering may possibly resemblepropositional hoping in this respect. (shrink)

This paper presents the work of philosopher Susanne Langer and argues that her conceptualization of the human mind can provide psychoanalysts with a unique framework with which to theoretically combine interpretive and biological approaches to their work. Langer’s earlier work in the philosophy of symbols directs her investigation into the biological sciences along the lines of sentience and imagination, which in turn become the cornerstones of her theory of mind. Langer’s understanding of the continuing transformation of affect into language is (...) a decisive contribution yet to be built upon by others. (shrink)

The international community has yet to develop a broadly accepted philosophical rationale for the extraterritorial adjudication of war crimes. Instead, several justifications exist in a state of tension that produces uncertainties in the applicable legal doctrines and policies. This article explains how the competition between the “atrocities” approach on the one hand, and the statist and humanitarian rationales on the other, causes instability in the regime. It advocates for increased attention to the philosophical grounding of extraterritorial war crimes trials, particularly (...) in light of the increasing frequency of such trials before international courts as well as national courts exercising universal jurisdiction. (shrink)

The impact of gender on assessments of leadership performance and leadership potential was examined through two clusters of leadership behaviors, one set related to traditional constructions of leadership labeled directing others and another associated with contemporary constructions of leadership labeled engaging others. Based on data collected from a sample of 91 senior leaders in one US financial services organization over a 3-year period prior to Covid-19, the results showed a negative relationship between directing others behaviors and leadership potential ratings for (...) females and a positive relationship between these variables for males. A negative relationship between engaging others behaviors and performance assessments was also found for females. This study highlights the continuing bias in leadership assessments of women and explores the contradictions between the perception and the reality of women's leadership. (shrink)

The task of aligning the philosophical and clinical perspectives on ethics is a challenging one. Clinical practice informs philosophy, not merely by supplying cases, but through shaping and testing philosophical concepts in the reality of the clinical world. In this paper we explore several aspects of the relationship between the philosophical and the clinical within a framework of palliative care for people living with Alzheimer's disease. We suggest that health professionals have a moral obligation to question previous assumptions concerning the (...) quality of life among people with Alzheimer's, and to address the question: does the concept of palliative care properly embrace people with severe dementia? We propose an ethic of palliative care for people with Alzheimer's that is based, not on the traditionally understood principle of autonomy, but on the need to listen to those living with the disease, acknowledging their profound loss of cognitive abilities, with a focus on preventing and relieving suffering, and improving the individual's quality of life. (shrink)

This book explores society’s problems with interpersonal communication amid increasingly technological environments. The author argues that the work of Gabriel Marcel reveals the root of our issues with communication to be issues with being with others, ultimately suggesting that seeking communion is a way to bridge our disconnections.

The binary distinction De Neys questions has been put forward many times since the beginnings of psychology, in slightly different forms and under different names. It has proved enormously useful and has received detailed empirical support and careful modeling. At heart the distinction is that between knowledge in long-term memory and control processes in short-term memory.

Mit der Frage nach dem -Geist- wird ein Thema angesprochen, dem die Philosophie des deutschen Idealismus noch eine vollkommen andere Bedeutung zumessen konnte, als wir dies heute gewohnt sind. Geist in seinem Selbstsein scheint unbestimmbar geworden in einer Zeit, in der Neurobiologen funktionelle Prozesse im zentralen Nervensystem des Gehirns als korrelierende Variable zu mentalen Vorgangen beschreiben. In diesem Buch wird nach den -verstehbaren Zusammenhangen- zwischen Krankheitsvorgangen des menschlichen Seelenlebens und den Grundeigenschaften des Mentalen, insbesondere des Psychischen, gefragt.".