NOVO CÓDIGO DE PROCESSO CIVIL: REFLEXÕES SOBRE LIBERDADE, IGUALDADE E MUDANÇAS DE PARADIGMAS.

Although organizational and situational factors have been found to predict burnout, not everyone employed at the same workplace develops it, suggesting that becoming burnt out is a complex, multifaceted phenomenon. The aim of this study was to elucidate perceptions of conscience, stress of conscience, moral sensitivity, social support and resilience among two groups of health care personnel from the same workplaces, one group on sick leave owing to medically assessed burnout (n = 20) and one group who showed no indications (...) of burnout (n = 20). The results showed that higher levels of stress of conscience, a perception of conscience as a burden, having to deaden one’s conscience in order to keep working in health care and perceiving a lack of support characterized the burnout group. Lower levels of stress of conscience, looking on life with forbearance, a perception of conscience as an asset and perceiving support from organizations and those around them (social support) characterized the non-burnout group. (shrink)

The definition of ‘patient’ is commonly taken for granted and considered as obvious, but the term is rather underconceptualised in the literature. In this paper, it will be argued that the criterion of suffering can be considered a sufficient criterion for a parent to be considered a secondary patient when their seriously ill child is receiving medical care (i.e. not necessarily the parents themselves) – these parents are sufferers in virtue of the suffering of others. The nature of parental and (...) child health and well-being is clearly relational and bidirectional, thus also a bidirectional and relational integration of parental and paediatric patient care is necessary. A genuine expansion of the concept ‘patient’ to parents, both practically and theoretically, can help to bring awareness to the closely intertwining, interacting and interdependent vulnerabilities of both parties, the potential conflicts of interests involved, and also to demand support and reduce hurdles, for example, in reimbursement by health insurers. Treating parents as patients will (1) help the affected child (the primary patient), as unhealthy and/or mentally unstable parents are likely to negatively influence a child's treatment and (2) prevent the parents (the secondary patients) from becoming primary patients themselves due to their suffering because of their child's illness. (shrink)

This article is an attempt to present Gödel's discussion on concepts, from 1944 to the late 1970s, in particular relation to the thought of Frege and Russell. The discussion takes its point of departure from Gödel's claim in notes on Bernay's review of ?Russell's mathematical logic?. It then retraces the historical background of the notion of intension which both Russell and Gödel use, and offers some grounds for claiming that Gödel consistently considered logic as a free-type theory of concepts, called (...) intensions, considered as the denotations of predicate names. (shrink)

Ethical dilemmas in critical care may cause healthcare practitioners to experience moral distress: incoherence between what one believes to be best and what occurs. Given that paediatric decision-making typically involves parents, we propose that parents can also experience moral distress when faced with making value-laden decisions in the neonatal intensive care unit. We propose a new concept—that parents may experience “moral schism”—a genuine uncertainty regarding a value-based decision that is accompanied by emotional distress. Schism, unlike moral distress, is not caused (...) by barriers to making and executing a decision that is deemed to be best by the decision-makers but rather an encounter of significant internal struggle. We explore factors that appear to contribute to both moral distress and “moral schism” for parents: the degree of available support, a sense of coherence of the situation, and a sense of responsibility. We propose that moral schism is an underappreciated concept that needs to be explicated and may be more prevalent than moral distress when exploring decision-making experiences for parents. We also suggest actions of healthcare providers that may help minimize parental “moral schism” and moral distress. (shrink)

The Affective grounding hypothesis suggests that affective experiences play a crucial role in abstract concepts’ processing (Kousta et al. 2011). Vigliocco and colleagues test the role of affective experiences as well as the role of language in learning words denoting abstract concepts, comparing children with typical and atypical development. They conclude that besides the affective experiences also language plays a critical role in the processing of words referring to abstract concepts.

Full ectogenesis as the complete externalization of human reproduction by bypassing the bodily processes of gestation and childbirth can be considered the culmination of genetic and reproductive technologies. Despite its still being a hypothetical scenario, it has been discussed for decades as the ultimate means to liberate women from their reproductive tasks in society and hence finally end fundamental gender injustices generally. In the debate about the application of artificial wombs to achieve gender equality, one aspect is barely mentioned but (...) is of crucial relevance from a medical‐ethical perspective: whether and how could full ectogenesis be justified as a proper use of medicine? After characterizing the technology as a special form of human enhancement and as an extension of medical practice that goes beyond the traditional field of medicine, this paper critically assesses the theoretical possibilities of legitimizing this extension. We identify two ways of justification: either one argues that ectogenesis fulfils a proper goal of medicine (a justification we call pathologization), or one argues that the application of ectogenesis achieves a non‐medical goal (which we call medicalization). Because it is important from a medical‐ethical point of view to avoid an inappropriate instrumentalization or misuse of medicine and thus an undue medicalization of non‐medical problems, a set of necessary conditions has to be met. It is doubtful whether full ectogenesis for non‐medical purposes could fulfil these conditions. Rather, its comprehensive usage could be seen as a revolutionary modification of what it means to be human. (shrink)

The aggregation of individual judgments on logically interconnected propositions into a collective decision on the same propositions is called judgment aggregation. Literature in social choice and political theory has claimed that judgment aggregation raises serious concerns. For example, consider a set of premises and a conclusion where the latter is logically equivalent to the former. When majority voting is applied to some propositions (the premises) it may give a different outcome than majority voting applied to another set of propositions (the (...) conclusion). This problem is known as the discursive dilemma (or paradox). The discursive dilemma is a serious problem since it is not clear whether a collective outcome exists in these cases, and if it does, what it is like. Moreover, the two suggested escape-routes from the paradox—the so-called premise-based procedure and the conclusion-based procedure—are not, as I will show, satisfactory methods for group decision-making. In this paper I introduce a new aggregation procedure inspired by an operator defined in artificial intelligence in order to merge belief bases. The result is that we do not need to worry about paradoxical outcomes, since these arise only when inconsistent collective judgments are not ruled out from the set of possible solutions. (shrink)

Internationally recognized logicians present current thinking on the understanding of the role of deduction in human reasoning.

Carl Schmitt's friend/enemy principle is exposed to in-depth philosophical analysis and historical examination with the aim of showing that the political follows hostility, violence and terror as form follows matter. The book argues that the partisan is an umbrella concept that includes the national and global terrorist.

After considering the main theses of Alain Richardson's analysis of Carnap's Aufbau, and in particular Richardson's motivation for criticising the Quinean naturalisation of epistemology, we focus on the alleged neo-kantian influence on Carnap work. There is something lacking in Richardson rational reconstruction of Camap's work before 1939: the German logical tradition of Frege and Hilbert which Carnap was evidently confronted with. The themes of this tradition appear and disappear here and there in Richardson's book, but the real weight of its (...) epistemological consequences on the nature of logic and mathematics seems misplaced. (shrink)

This essay analyses the specific rhetoric of degeneration which was observable in the antisemitic polemic discourse of the last decades of 19th century. It provides an overview of the representation of Jewish art und artists as it took shape in the antisemitic literature of the Wilhelminian epoch. The growing emphasis placed by psychiatrists and racial theorists on the pathologies of the,,Jewish race“, such as hysteria or degeneration, resulted in the tendency to pathologize Jewish art and artists, which were deemed responsible (...) for the alleged decline of German culture. Mere aesthetic categories underwent a process of reduction and ideologization and were finally used for defamatory purposes, as shown in the case of the antisemitic denigration of Heinrich Heine. In order to demonstrate this, the analysis outlines the strict dichotomic logic of these argumentations, as the definition and consolidation of an ideal German essence was usually based on the construction of a degenerated Jewish identity. (shrink)

The collection Guarigioni, rinascite, metamorfosi is part of Sandro Barbera’s project to compile two volumes containing updated versions of his most incisive essays on Goethe and Schopenhauer. Unfortunately, his untimely passing left us preparatory material, but no drafts of new work. In his introduction, Stefano Busellato explains that the initial project had to be shelved in favor of a collection of essays that, to Barbera’s mind, were all but ready for publication. Four essays, each marking a major step in his (...) thought, have been added to his original selection.One of this collection’s many strengths is the wide range of themes that Barbera’s shrewd analysis explores in works by Goethe, Schopenhauer, and... (shrink)

Au Moyen Âge, la théorie médicale de la complexio n’est pas confinée dans le domaine restreint de la théorie ou de la pratique de la médecine. Elle implique une anthropologie déterminée, qui ne concerne pas seulement la santé et le bien-être de l’homme, mais, dans certaines limites, la nature même de celui-ci ou, pour mieux dire, la manière dont la nature spécifique de l’homme s’articule avec la variété et la différence des tempéraments et des dispositions individuelles : ce qu’est chaque (...) individu dépend de la complexion qui lui est propre. Cette anthropologie médicale dépasse les limites de sa discipline et pénètre aussi la théologie, par une série d’implications, pas toujours prévisibles, qui concernent la place de l’homme dans l’univers, l’eschatologie, la démonologie et aussi la christologie. Le but de cette étude est de rendre compte de certaines de ces implications en regard de la pensée de Thomas d’Aquin. Les différents lieux où Thomas étudie la complexion corporelle – il en considère les implications dans les domaines intellectuel et moral – montrent une sorte d’assimilation de l’anthropologie médicale (indirectement galénique, mais surtout avicennienne) à l’intérieur de son horizon de pensée, constitué par la philosophie naturelle aristotélicienne et par les exigences propres à sa théologie. (shrink)

In the ideological construction of colonialism and, more widely, of any hierarchy of human communities, a crucial role is played by discourse on language. English nationalism and imperialism, in particular, developed extensive argumentations on language as an interpretation of the encounter with the other, on the basis of internal cultural developments that assigned to language the role of social discriminator. The paper investigates a strand of such argumentations during the period from the seventeenth to the nineteenth century: the concept of (...) “primitive” languages, described in a positive or, more often, in a negative light. The former arguments employ tones related to the idea of the “good savage” and stand in connection with narratives on the “language of Adam” and of the “Welsh Indians”, the latter uses a rhetoric extolling “progress” and “civilization” against the “immaturity” and “backwardness” of primitive languages, a perspective that was later to influence Darwinism. (shrink)

In The Leviathan in the state theory of Thomas Hobbes, Carl Schmitt puts forward the claim that there is a ?barely visible crack? in Hobbes's theory of the state that opened the door to liberal constitutionalism. This essay claims that Schmitt's ?thesis of the crack? is composed of two elements: first, Schmitt argues that Hobbes makes a concession to individual conscience in his discussion of miracles; second, Schmitt points out that Hobbes's individualism undermines his notion of the absolute state. As (...) Schmitt relies on an unconvincing critique of Hobbes's discourse on miracles in order to justify his more general claim against Hobbes's authoritarianism, this essay suggests that Schmitt's ?thesis of the crack? is untenable in the form that Schmitt presented it in 1938. An attempt, however, is made to salvage ?the thesis of the crack? by turning to concepts found in Schmitt's Concept of the political and in Political theology. Although Schmitt openly approved of the so?called protection/obedience principle, this essay claims that there are a number of crucial differences between Schmitt's formulation of that principle and Hobbes's own version; an examination of these differences enables us (i) to appreciate the consequences of Hobbes's individualism on his theory of the state and (ii) to shed new light on Howard Warrender's famous claim that Hobbes's sovereign is inherently weak. The essay concludes that in spite of Schmitt's fallacious formulation of the ?thesis of the crack? of 1938, his political theory affords us a rare vantage point from which we can clearly see a case against the association of Hobbes with authoritarianism. (shrink)

Hobbes's philosophical discourse is deconstructed as the interplay of the drama of individual behavior as perceived by rational agents and the detached analysis of conflict a by a political geometer . The author solves some long-standing problems in Hobbesian political philosophy (e.g., the role of glory, Hobbes' pessimism) and shows the consistency of Hobbes's attempt to derive absolutism as the only stable political association.

The article explores the complex experiences and positions of migrant women in the `nursing profession' in a southern European country, Greece. It looks at ways in which a rudimentary welfare state and a large informal economy have created the demand for les infirmières exclusives and for `quasi-nurses'. The supply and use of their services, on the one hand, helps perpetuate this informal welfare system and, on the other, has implications for migrant women themselves as, inter alia, it contributes to their (...) deskilling, exploitation, marginalization and exclusion. The multifarious degrees and forms that these processes take, to a large extent, depend on the cross-cutting of gender, ethnicity and class, as sexism intersects with different forms of `othering' and racialization processes in the destination country. The position of these women is also located in terms of ethnic and national boundaries. (shrink)

The aim of this essay is to consider both Schmitt’s polemical and his analytical claims in dealing with a concept which is central to his theory and yet strangely overlooked by the secondary literature: the concept of friendship. The essay proceeds in three steps; first it makes some textual claims about the meaning and role of friendship in Schmitt’s writings; secondly its puts forward an interpretation of the significance of friendship in Schmitt’s political thought; finally, it tries to disentangle polemics (...) from diagnostics in Schmitt’s discourse and draws some tentative conclusions. (shrink)

This essay investigates the possibility of veering from an approach of doing bad to the offender as the primary response to crime to one of requiring the offender to do good. This approach, in effect, has us offset the evil which the offender has placed on the scales of justice with good which the offender is required to produce; hence the conception of New Balance. The specific focus here is to identify important deficiencies in the major approaches of retributivism and (...) utilitarian-deterrence theory to pave the way for New Balance. (shrink)

In this journal Professor Norman E. Bowie simplified considerably, and laid to rest much confusion surrounding, the debate between natural law philosophers and legal positivists with his observation that “the chief issue dividing the two camps is a semantic one, viz., whether or not the passing of some moral test is to be included as part of the meaning of law.” In developing and illustrating this thesis, Professor Bowie reconstructs aspects of Hart’s positivism, sets aside parts of Fuller’s natural law (...) theory as irrelevant to the debate, and distills the contribution of Aquinas and Augustine to the natural law position. In an attempt to reorient the debate, he traces out some of the consequences of the two competing definitions of “law.” This is to provide the ground for choosing between the definitions and ultimately between natural law philosophy and legal positivism. (shrink)

This essay investigates the possibility of veering from an approach of doing bad to the offender as the primary response to crime to one of requiring the offender to do good. This approach, in effect, has us offset the evil which the offender has placed on the scales of justice with good which the offender is required to produce; hence the conception of New Balance. The specific focus here is to identify important deficiencies in the major approaches of retributivism and (...) utilitarian-deterrence theory to pave the way for New Balance. (shrink)

This article concentrates on the rapid growth of trafficking in women from Eastern and Central Europe who end up working in the sex industry in Athens. Such movement of people is constituted around global networks of female labour. The social processes and mechanisms that produce and reproduce the somatic and social exploitation of female migrants caught in the web of the sex industry are analysed. These processes are responsible for a continuation and accentuation of women’s loss of power to represent (...) their interests, to seek viable economic alternatives. The living and working spaces of these women rest upon their isolation and individuation and total control of their everyday activities. Ethnicity, age and racialized exclusions all intersect with sexist relations and practices within Greek society and the ethnic communities under study. The interplay of these processes operates differently within different ethnic groups of women to produce different outcomes. (shrink)