Free software introduces a challenge to the classical conception of individual rights. The model of software licensing given by the General Public License generates the question whether it constitutes an exercise or a wavering of copyright. It is argued in this paper that the later alternative is entrenched in the classical concept of freedom as autonomy, which, by its turn, is reflected in a classical conception of individual rights based on the model of propriety as a dominion over an exclusive (...) object (res). We provide grounds for a concept of non-exclusive individual rights, based on the notion of freedom as reciprocity, in order to obtain more solid legal foundations for the free licensing of software. The concept of freedom as reciprocity and the corresponding reconstruction of non-exclusive subjective rights achieved in this paper is an exercise in general theory of law and thus may be applied to other legal fields where the classical notion of freedom and the property of exclusivity do not fit properly. (shrink)

La historia constitucional brasileña apunta para una lógica liberal y una práctica autoritaria desde la Constitución del Imperio (1824). Este hibridismo constitucional explica algunas dificultades en el paso del Estado de Derecho al Estado Social y su complicada síntesis en el Estado Democrático de Derecho de la Constitución actual. El problema está en el modo como las exigencias del Estado Social se hagan dentro de la ley y no por medio de una práctica autoritaria.

Para o direito, o poder é legítimo quando se subordina às regras jurídicas em vigor. Para o poder, o direito é válido na medida em que se torna instrumento da dominação. As relações entre o direito e o poder têm sido objeto das mais diferentes abordagens na sociologia, política ou filosofia. Entre os estudiosos do direito, contudo, o assunto não tem recebido a devida atenção. Infelizmente, porque a contribuição dos juristas para a discussão é bastante peculiar e, portanto, insubstituível. Este (...) livro resulta das reflexões de um profissional do direito sobre um dos mais relevantes aspectos suscitados pelo tema. Nele, discute-se como a produção do conhecimento jurídico é influenciada pelo poder, em uma sociedade capitalista. Depois de apresentar um panorama significativo da teoria política, de Hobbes e Foucault, passando por Weber e os marxistas, o autor centra a sua análise nos fundamentos jurídicos típicos do capitalismo (igualdade, legalidade e legitimidade), para examinar a forma pela qual a doutrina do direito é instrumentalizada na reprodução do poder, e, em certa medida, reage sobre este para ampliá-lo. Com o presente trabalho, Fabio Ulhoa Coelho, professor de direito comercial e de lógica jurídica da Pontifícia Universidade Católica de São Paulo, obteve por esta instituição o título de doutor em direito. Da Banca Examinadora, que o aprovou com distinção, participaram os juristas Tércio Sampaio Ferraz Jr. (orientador), Dalmo de Abreu Dallari, Celso Bastos, Maria Helena Diniz e Eros Roberto Grau. Em razão do seu aprofundamento, abrangência e atualidade, esta obra não pode faltar na bibliografia das disciplinas de teoria geral do estado e filosofia do direito, em nível de graduação ou pós-graduação, interessando também aos estudiosos das demais áreas das ciências humanas. (shrink)

Trata-se de uma entrevista concedida pelo Prof. Emérito da Universidade Federal do Ceará, Manfredo Oliveira, aos professores Evaldo Sampaio e Ivânio Azevedo Jr. (ambos do PPGFilos—UFC). Procura-se aqui entender a trajetória intelectual de Manfredo Oliveira e como esta se articula com momentos decisivos da consolidação dos estudos de Filosofia no Ceará - e no Brasil. A entrevista ocorreu em maio de 2023.

A bivalent valuation is snt iff sound (standard PC inference rules take truths only into truths) and non-trivial (not all wffs are assigned the same truth value). Such a valuation is normal iff classically correct for each connective. Carnap knew that there were non-normal snt valuations of PC, and that the gap they revealed between syntax and semantics could be "jumped" as follows. Let $VAL_{snt}$ be the set of snt valuations, and $VAL_{nrm}$ be the set of normal ones. The bottom (...) row in the table for the wedge 'v' is not semantically determined by $VAL_{snt}$ , but if one deletes from $VAL_{snt}$ all those valuations that are not classically correct at the aforementioned row, one jumps straights to $VAL_{nrm}$ and thus to classical semantics. The conjecture we call semantic holism claims that the same thing happens for any semantic indeterminacy in any row in the table of any connective of PC, i.e., to remove it is to jump straight to classical semantics. We show (i) why semantic holism is plausible and (ii) why it is nevertheless false. And (iii) we pose a series of questions concerning the number of possible steps or jumps between the indeterminate semantics given by $VAL_{snt}$ and classical semantics given by $VAL_{nrm}$. (shrink)

As part of an ongoing study of causal models in the history of science, a counterfactual scenario in the history of modern astronomy is explored with the aid of computer simulations. After the definition of “linking advance”, a possible world involving technological antecedence is described, branching out in 1510, in which the telescope is invented 70 years before its actual construction, at the time in which Fracastoro actually built the first prototelescope. By using the principle of the closest possible world, (...) we estimate that in this scenario the discovery of the elliptical orbit of Mars would by anticipated by only 28 years. The second part of the paper involves an estimate of the probability of the previous scenario, guided by the principle that the actual world is the mean and using computer simulations to create possible worlds in which the time spans between advances is varied according to a gamma distribution function. Taking into account the importance of the use of the diaphragm for the invention of the telescope, the probability that the telescope were built by 1538 for a branching time at 1510 is found to be smaller than 1%. The work shows that one of the important features of computational simulations in philosophy of science is to serve as a consistency check for the intuitions and speculations of the philosopher. (shrink)

This book traces the historical lineages of Alvin Plantinga’s religious epistemology from Plato through Augustine and Calvin. It focuses upon this epistemology as a philosophical interpretation of what is generally taken to be a narrow theological doctrine. The author provides a textually based and closely reasoned introduction to the epistemological ideas of Plato, Augustine, Calvin, Plantinga, and several other writers and shows the continuity of a certain approach to the knowledge of God; it may be called the Platonic—Augustinian—Reformed approach.

(1999). Internet Review: African-American Sources in the Library of Congress American Memory Project. Educational Studies: Vol. 30, No. 1, pp. 99-102.

In lieu of an abstract, here is a brief excerpt of the content:Reflections on Academic ReflectionJohn D. Copenhaver Jr.Contemplative pedagogy deserves both the careful scrutiny and the sustained exploration that the Society for Buddhist-Christian Studies is uniquely well suited to provide. As higher education comes under increased pressure for accountability, we need to be able to explain clearly both the pedagogical value and academic integrity of these elements in our curriculum. Academics seeking to incorporate contemplative practices into their teaching need (...) to pay careful attention to their institutional setting. While people in all types of higher education may share certain values (e.g., free inquiry, critical thinking, intellectual rigor, clear reasoning), different institutional settings offer different kinds of opportunities and challenges. Shenandoah University, where I teach, is one of five private universities in Virginia related to the United Methodist Church (UMC). All these schools acknowledge the relationship, but some seem rather embarrassed by it. For us it is a warm embrace.In its mission statement, our university characterizes the relationship this way: “As an institution affiliated with the United Methodist Church, Shenandoah University practices the highest ethical standards in its interactions with the community and with students of other faiths.”1 While the university is clear about its church affiliation, the phrase “highest ethical standards in its interaction with students of other faiths” indicates the kind of mutual respect and understanding that characterize pluralism. Among its core values are “respect for diverse cultures, experiences, and perspectives” and “dedication to global outreach.”2 Dedication to “global outreach” sounds like window dressing, but it is genuine. With its Global Citizenship Project, the university funds all expenses for fifty-five students each year to travel to one of five countries over spring break for cultural immersion. This mission statement and our core values make it much easier to root our religious studies curriculum in an atmosphere of religious pluralism than one might expect at a church-related university.Our Department of Religion recognizes two purposes for religious studies. The first is to offer an array courses to meet general education needs for moral reasoning and cross-cultural understanding. One of the department’s goals for general education religion courses is to promote interreligious and multicultural understanding. Another is to serve the church by offering a program to train students for religious leadership roles, called the JustFaith Christian Leadership Program. It is designed to integrate theological education and spiritual formation that promotes social justice. [End Page 41] In the department’s view, this commitment to justice is consistent with our Wesleyan heritage, but is often neglected in churches and rare in higher education. Although our religion major requirements reflect the university’s Christian heritage, we do require a course in world religions and one course in a religious tradition other than Christianity.This institutional setting invites me to teach in very different ways. Of the eight courses I teach over a two-year rotation, two take a philosophical approach, two take a phenomenological approach without any contemplative practices, and two blend the phenomenological approach with contemplative practices.3 The other two I teach “from the inside,” as a Christian ordained in the United Methodist Church. I present my own experience and convictions as part of that tradition, and the course emphasizes religious practices such as fasting, prayer, meditation, contemplative prayer, and/or periods of solitude. This confessional approach would not be possible at a state university, but I think students should have this option at church-related schools. The delicate issue is that most students do not come to our university because of its religious heritage. Our students are much like their counterparts at state universities, and often register for courses on the basis of what fits their academic schedules rather than any particular interest in or affinity for the topic. For this reason, we try to be as clear as possible in course descriptions about the various contents and approaches of our courses. Still, that does not prevent a poorly advised agnostic or atheist from registering occasionally for my course on Christian spirituality. On the first day of class I discuss the confessional nature of the course and the spiritual exercises students will be expected to do. I do not screen anyone... (shrink)

MAX WEBER FURNISHES THE ANALOGY ON WHICH THIS ESSAY IS BASED: "This-worldly Protestant asceticism... acted powerfully against the spontaneous enjoyment of possessions; it restricted consumption, especially of luxuries. On the other hand, it had the psychological effect of freeing the acquisition of goods from the inhibitions of traditionalistic ethics. It broke the bonds of the impulse of acquisition in that it not only legalized it, but... looked upon it as directly willed by God.".

This chapter describes and illustrates ideals of appreciation and positive expressions of respect in personal relationships and then argues that these are distinct from beneficence, that they are aspects of a full recognition of human dignity, and that they have important general and special implications for relationships involving persons with disabilities. The chapter emphasizes that especially among family, friends, and caregivers, proper respect for persons calls for positive affirmations and being open to appreciate the good in others and their lives (...) and that appreciating them is more than respecting them and caring for their comfort and happiness. Respect and appreciation for and by us, as persons with disabilities, requires confronting and changing cultural stigmas that undermine these morally important attitudes. (shrink)

This article answers the question, How can we build capacity for the development of a critical democratic citizenry? This is achieved by generally describing postmodern society, and by introducing the idea of evolutionary consciousness as the next step in meeting the needs of a postmodern society. Secondly, the current nature of education is described, which is followed by a redefinition of education within the context of a critical ideal. The discussion concludes with a presentation of the pragmatics of building capacity (...) for the development of a critical democratic citizenry through a redefinition of education. (shrink)

Expropriation is a hotly debated issue in international investment law. This is the first study to provide a detailed analysis of its norm-theoretical dimension, setting out the theoretical foundations underlying its understanding in contemporary legal scholarship and practice. Jörg Kammerhofer combines a doctrinal discussion with a theoretical analysis of the structure of the law in this area, undertaking a novel approach that critically re-evaluates existing case-law and writings. His approach critiques the arguments for a single expropriation norm based on custom, (...) interpretation and arbitral precedents within international investment law, drawing also on generalist international legal thought, to show that both cosmopolitan and sovereigntist arguments are largely political, not legal. This innovative work will help scholars to understand the application of theory to investment law and help specialists in the field to improve their arguments. (shrink)

This short essay was published by Shelterforce, the journal of affordable of housing and community development published by the National Housing Institute. It is largely taken from my law review article entitled "'We Shall Not Be Moved': Eminent Domain, Urban Redevelopment and the Socioeconomics of Just Compensation" published by St. John's Law Review. That article can be downloaded from SSRN at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=904224 This shorter piece focuses on the two proposals outlined in the second part of the law review article that (...) are designed to curb abuses of eminent domain in the urban redevelopment context without destroying its effectiveness as a tool for community revitalization and, even, community empowerment. Specifically, homeowners should not be subject to eminent domain pursuant to a redevelopment plan until the majority of them have approved the plan. To further solidify resident ownership of redevelopment, the right to continued residency in the community should be protected by amending relocation laws to guarantee an alienable entitlement to be offered replacement housing in the redeveloped district area. Together, these two legislative reforms express a more nuanced balance of property and liability rules that will facilitate a more productive interface between community residents and redevelopment officials. (shrink)