Higher courts sometimes assess the constitutionality of law by working through a concrete case, other times by reasoning about the underlying question in a more abstract way. Prior research has found that the degree of concreteness or abstraction with which an issue is formulated can influence people's prescriptive views: For instance, people often endorse punishment for concrete misdeeds that they would oppose if the circumstances were described abstractly. We sought to understand whether the so-called ‘abstract/concrete paradox’ also jeopardizes the consistency (...) of judicial reasoning. In a series of experiments, both lay and professional judges sometimes reached opposite conclusions when reasoning about concrete cases versus the underlying issues formulated in abstract terms. This effect emerged whether participants reasoned with broad principles, such as human dignity, or narrow rules, and was largest among individuals high in trait empathy. Finally, to understand whether people reflectively endorse the discrepancy between abstract and concrete resolutions, we examined their reactions when evaluating both, either simultaneously or sequentially. These approaches revealed no single pattern across lay and expert populations, or exploratory and confirmatory studies. Taken together, our studies suggest that empathic concern plays a greater role in guiding the judicial resolution of concrete cases than in illuminating judges' professed standards—which may result in concrete decisions in violation of their own abstract principles. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

A cross-cultural survey experiment revealed a dominant tendency to rely on a rule’s letter over its spirit when deciding which behaviors violate the rule. This tendency varied markedly across (k = 15) countries, owing to variation in the impact of moral appraisals on judgments of rule violation. Compared with laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether and consequently exhibited stronger textualist tendencies. Finally, we evaluated a plausible mechanism for the emergence of textualism: (...) in a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (total n = 5,794) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers, and judges. (shrink)

Our goal was to explore self‐care practices among men who have sex with men in the context of Mpox in Brazil. This study used qualitative research methods, including interviews and thematic analysis, to collect and analyze data from male participants across the Brazilian territory. The narratives unveil men's perspectives on self‐care, risk reduction, and health beliefs during the Mpox pandemic. Our findings highlight a multifaceted approach to self‐care among men, encompassing hygiene, physical contact management, mask usage, skin lesion vigilance, and (...) adherence to official guidelines. Men's attitudes toward sexual behaviors emphasize the importance of reducing sexual partners, practicing safe sex, and combating misinformation through accurate information dissemination. The development of these behaviors and self‐care practices can be facilitated by nurses guided by Dorothea Orem's Self‐Care Theory, supported by patient‐centered care, with strategies to address and confront the stigma associated with the disease and provide emotional support. Thus, the study underscores the pivotal role of self‐care in mitigating infection risks, especially in the context of emerging infectious diseases. It acknowledges the impact of socio‐cultural factors and healthcare policies on men's preventive measures. However, it also recognizes limitations, such as potential bias due to stigma concerns and a nonrepresentative sample. Ultimately, the research advocates for tailored education, promotion of gender equity, and healthcare empowerment to effectively manage health risks in such contexts. (shrink)

Resenha do livro de HELAL, R. & AMARO, F. Esporte e mídia: a contribuição de Hans Ulrich Gumbrecht.

"The chief business of twentieth-century philosophy” is “to reckon with twentieth-century history," claimed R. G. Collingwood. In this remarkable collection of essays, Frank Ankersmit demonstrates the prescience of that remark and goes a long way toward meeting its challenge. Responding to the work of Hayden White, Arthur Danto, and Hans-Georg Gadamer, he examines such issues as the difference between historical representation and artistic expression, the status of metaphor in historical description, and the relation of postmodernism to historicism. Ankersmit's fluent grasp (...) of European thought and his ability to incorporate concepts from literary theory, art history, the philosophy of science, and political thought into his analyses assure that this collection will interest readers throughout the humanities. (shrink)

The vocabulary of representation is better suited to an understanding of historiography than the vocabularies of description and interpretation. Since both art and historiography represent the world, they are closer to science than are criticism and the history of art because the interpretation of meaning is the specialty of the latter two fields. Historiography is less secure in its attempt to represent the world than art is; historiography is more artificial, more an expression of cultural codes than art itself. Historiography (...) is a suitable paradigm for studying certain philosophical problems, particularly epistemology, or codified representation. Representation always requires the presence of two sets of non-referential logical dummies; disturbing the symmetry between these logical dummies gives rise to the position of realism and idealism. Epistemology is strongly inclined to disturb this symmetry. The parallels between recent developments in art and those in historiography demonstrate how much historiography is part of the contemporary cultural world. The deficiencies of modern philosophy of history can largely be explained by its tendency to neglect the cultural significance of the writing of history. (shrink)

Taking as its point of departure a sharp critique of Rawls's influential A Theory of Justice, this book looks at politics from an aesthetic perspective.

We no longer have any texts, any past, but just interpretations of them. The evident multi -interpretability of a text causes it gradually to lose its capacity to function as arbiter in the historical debate. It is necessary to define a new link with the past based on a complete and honest recognition of the position in which we now see ourselves placed as historians. In recent years, many people have observed our changed attitude towards the phenomenon of information. For (...) postmodernism, science and information are independent objects of study which obey their own laws. Language and art are not situated opposite reality but are themselves a pseudo-reality and are therefore situated within reality. Because of the relation between the historiographical view and the language used by the historian to express his view - a relation which nowhere intersects the domain of the past -historiography possesses the same opacity and intensional dimension as art. The essence of postmodernism is precisely that we should avoid pointing out essentialist patterns in the past. There is reason to assume that our relation to the past and our insight into it will in future be of a metaphorical nature rather than a literal one. (shrink)

The narrativist philosophy of history and the epistemological philosophy of history are opposed to each other and have remarkably little in common. Within the epistemological philosophy, the debate between the coveringlaw model advocates and the analytical hermeneutists has always been moving towards synthesis more than towards perpetuation of the disagreement. But the revolution from epistemological to narrativist philosophy of history enacted in Hayden White's work made the philosophy of history finally catch up with the developments in philosophy since the works (...) of Quine, Kuhn, and Rorty. White stresses the "making" or "poetic" function of narrative at the expense of the "matching" function so dear to the mimetic epistemology of positivism. Philosophers of history should shake off this positivistic past and make history narrativist. (shrink)

Why are we interested in history at all? Why do we feel the need to distinguish between past and present? In this book, the author argues that the past originates from an experience of rupture separating past and present. Think of the radical rupture with Europe's past that was effected by the French and the Industrial Revolutions. Sublime Historical Experience investigates how the notion of sublime historical experience complicates and challenges existing conceptions of language, truth, and knowledge. These experiences of (...) rupture are paradoxical since they involve both the separation of past and present and, at the same time, the effort to overcome this separation in terms of historical knowledge. The experience unites feelings of loss/pain with those of love/satisfaction, and thus is in agreement with how sublime experience is ordinarily defined. The experience is also precognitive since it precedes historical knowledge. As such it is a challenge to traditional conceptions of the relationship between experience and truth or language. It compels us to disconnect the notions of experience and truth. (shrink)

There are no dictionary meanings or authoritative discussions of "presence" that fix the significance of this word in a way that ought to be accepted by anybody using it. So we are in the welcome possession of great freedom to maneuver when using the term. In fact, the only feasible requirement for its use is that it should maximally contribute to our understanding of the humanities. When trying to satisfy this requirement I shall relate "presence" to representation. Then I focus (...) on a variant of representation in which the past is allowed to travel to the present as a kind of "stowaway" , so that the past is literally "present" in historical representation. I appeal to Runia's notion of so-called "parallel processes" for an analysis of this variant of historical representation. (shrink)

Philosophy of history is the Cinderella of contemporary philosophy. Philosophers rarely believe that the issues dealt with by philosophers of history are matters of any great theoretical interest or urgency. In their view philosophy of history rarely goes beyond the question of how results that have already been achieved elsewhere can or should be applied to the domain of historical writing. Moreover, contemporary philosophers of history have done desperately little to dispel the low opinion that their colleagues have of them. (...) In this essay I argue that Arthur Danto is the exception confirming the rule, for Danto’s philosophy of representation may help us understand how texts relate to what they are about. The main shortcoming of philosophy of language undoubtedly is that it never bothered to investigate the philosophical mysteries of the text. The writing of history is a philosophical goldmine and we must praise Danto for having reminded us of this. (shrink)

Forgetting has rarely been investigated in historical theory. Insofar as it attracted the attention of theorists at all, forgetting has ordinarily been considered to be a defect in our relationship to the past that should be overcome in one way or another. The only exception is Nietzsche who so provocatively sung the praises of forgetting in his On the Use and Abuse of History . But Nietzsche's conception is the easy victim of a consistent historicism and therefore in need of (...) correction. Four types of forgetting are identified in this essay. Central in the essay's argument is the fourth type. This is the kind of forgetting taking place when a civilization "commits suicide" by exchanging a previous identity for a new one. Hegel's moving account of the conflict between Socrates and the Athenian state is presented as the paradigmatic example of this kind of forgetting. Two conclusions follow from an analysis of this type of forgetting. First, we can now understand what should be recognized as a civilization's historical sublime and how the notions of the historical sublime and of collective trauma are related. Second, it follows that myth and history do not exclude each other; on the contrary, history creates myth. This should not be taken to be a defect of history, for this is precisely how it should be. (shrink)

That narrative language has the ontological status of being an object; that it is opaque; that it is self-referential; that it is intentional and, hence, intrinsically aestheticist; that the narrative meaning of an text is undecidable in an important sense of that word and even bears the marks of self-contradiction; that narrative meaning can only be identified in the presence of other meaning ; that as far as narrative meaning is concerned the text refers, but not to a reality outside (...) itself; that criteria of truth and falsity do not apply to historical representations of the past; that we can only properly speak of causes and effects at the level of the statement; that narrative language is metaphorical and as such embodies a proposal for how we should see the past; that narrative representations of the past have a tendency to disintegrate; all these postmodernist claims can be given a formal or even "modernist" justification if we are prepared to develop a philosophical logic suitable for dealing with the narrative substance. (shrink)

Historians rarely agree with Hayden White's account of their discipline. To a certain extent their dissatisfaction can be explained by the fact that historians customarily distrust historical theory and always tend to look at the historical theorist with the greatest suspicion. But historians find an extra argument for their dislike of White's ideas in his alleged cavalier disregard of how historical facts limit what the historian might wish to say about the past. And, admittedly, this criticism is not wholly unfounded.Nevertheless, (...) this essay attempts to show how misguided this traditional criticism of White actually is. For it is historians who too easily take the truth of their accounts of the past for granted, whereas White's theoretical writings can be shown to express a full awareness of the kind of problem encountered in the effort to tell the truth about historical reality. Hence, White's writings-rather than those by historians criticizing White-testify to the respect that we owe to historical reality itself. That this is how we should read White becomes clear if we consider his intellectual evolution as a whole rather than the individual books or essays that he wrote. (shrink)

This chapter contains sections titled: Introduction Origins of the Contemporary Debate Historiographic Research and Writing Two Variants of Narrativist Philosophy of Historiography The Philosophical Approach The Transcendentalization of Narrativist Philosophy of Historiography Rhetorical Narrativist Philosophy Hayden White Conclusion Bibliography.

O artigo apresenta a defesa da racionalidade da crença em Deus desenvolvida pelo filósofo reformado Alvin Plantinga, a partir de sua redefinição como “crença apropriadamente básica”. Após uma breve introdução, que situa a epistemologia religiosa de Plantinga no contexto das transformações recentes no campo da filosofia analítica da religião, expõe-se a crítica de Plantinga ao fundacionalismo clássico, cujo colapso teria reaberto a viabilidade epistemológica da crença em Deus. Segue-se a defesa plantingiana da crença em Deus como crença apropriadamente básica, que (...) teria bases experienciais identificáveis, mas dispensaria qualquer evidência ou demonstração racional, mostrando a orientação firme da construção plantingiana em direção a uma forma plenamente externalista de epistemologia. O final do artigo oferece uma breve reflexão sobre o significado cultural e espiritual da epistemologia reformada de Plantinga. Palavras-chave: Crença; Epistemologia; Externalismo; Fé e razão; Filosofia reformada; Fundacionalismo. ABSTRACT The article presents a defense of the rationality of the belief in God, developed by reformed philosopher Alvin Plantinga, who redefined it as a “properly basic belief”. After a brief introduction to place Plantinga’s religious epistemology in the context of recent transformations in the field of analytical philosophy of religion, Plantinga’s critique to classic foundationalism, whose collapse opened the epistemological viability of belief in God, is exposed. Then, the article focuses on the Plantingian defense of belief in God as a properly basic belief, nased on identifiable experiential grounds but independent from all evidence or rational demonstration, thus showing the firm orientation of Plantinga’s construction towards a fully externalist form of epistemology. The conclusion offers a short reflection on the cultural and spiritual meaning of Plantinga’s reformed epistemology. Key words: Belief; Epistemology; Externalism; Faith and reason; Reformed philosophy; Foundationalism. (shrink)

There are no dictionary meanings or authoritative discussions of "presence" that fix the significance of this word in a way that ought to be accepted by anybody using it. So we are in the welcome possession of great freedom to maneuver when using the term. In fact, the only feasible requirement for its use is that it should maximally contribute to our understanding of the humanities. When trying to satisfy this requirement I shall relate "presence" to representation. Then I focus (...) on a variant of representation in which the past is allowed to travel to the present as a kind of "stowaway", so that the past is literally "present" in historical representation. I appeal to Runia's notion of so-called "parallel processes" for an analysis of this variant of historical representation. (shrink)

According to German theorists historicism was the result of a dynamization of the static world-view of the Enlightenment. According to contemporary Anglo-Saxon theorists historicism resulted from a de-rhetoricization of Enlightenment historical writing. It is argued that, contrary to appearances, these two views do not exclude but support each other. This can be explained if the account of change implicit in Enlightenment historical writing is compared to that suggested by historicism and, more specifically, by the historicist notion of the "historical idea." (...) Aspects of the contemporary debate about the nature and the task of historical writing can be clarified from the perspective of the differences between Enlightenment and historicist historical writing. (shrink)

Arthur Danto has made important contributions to both aesthetics and philosophy of history. Furthermore, as I shall try to show in this essay, his aesthetics is of great relevance to his philosophy of history, while his philosophy of history is of no less interest for his aesthetics.By focusing on the notions of representation, identity, and the identity of indiscernibles we shall discover how fruitful this cooperation of aesthetics and philosophy of history may be. Crucial to all historical writing and, hence, (...) to all philosophy of history, is the notion of identity through time and change. How could the historian write the history of x if x cannot be said to remain the same in the course of its history? It will become clear that aesthetics will provide us with a satisfactory solution for the problem, for the aestheticist notion of representation will enable us to define the notion of identity that the historian needs.Nevertheless, a certain friction can be observed between Danto's aesthetics and his philosophy of history. At the end of this essay I hope to show that Danto's philosophy of history will be our best guide to dealing adequately with this friction. (shrink)

Professor Iggers's main target in his critique of my essay is my preference for the historicist over the Enlightenment conception of the past. I agree with Iggers that in contemporary historical theory and contemporary philosophy of language many effective arguments against historicism can be found. I argue, however, that these arguments lose much of their cogency if we recognize that the historicist notion of "the historical idea" can be redefined to satisfy both the requirements of actual historical practice and contemporary (...) philosophy of language. The main task of the contempo- rary theoretician is not to reject historicism but to recognize and to discover its intellectual riches, and to repair it whenever and wherever necessary. (shrink)

The point of departure of this essay is a paradox in traditional conceptions of historical objectivity. This paradox can best be analyzed in terms of the notion of the “double bind”: the requirement of historical objectivity is formulated in such a way that it is impossible to satisfy the requirement. The substance of this essay is an investigation of how J. M. Coetzee deals with the moral impasses of this double bind in his most recent novel, Elizabeth Costello . In (...) essence Coetzee forces his way through the double bind by an appeal to a direct experience of the world. The Spinozism implied by this strategy is indicated at the end of the essay. The analysis of Coetzee’s novel is preceded by a discussion of Kafka’s “Before the Law,” since the relevant part of Coetzee’s novel clearly is a paraphrase of the Kafka parable. Moreover, insight into the textual double binds in the Kafka parable contributes to an understanding of the moral double binds that are addressed in Elizabeth Costello. (shrink)

This essay deals, mainly, with the notion of representation. Representation is associated with texts and, as such, is contrasted to the true singular statement. It is argued that the relationship between the text and what the text represents can never be modeled on the relationship between a true singular statement and what the statement is true of, and, furthermore, that the former relationship is aesthetic while the latter is epistemological in nature. This aesthetic relationship between the represented and its representation (...) is investigated from the perspective of historical writing. This offers an interesting perspective because historical texts are representations, but they also aim at giving us “the truth” about the past. Historical representation, therefore, is the kind of representation coming closest to the cognitive claims traditionally investigated by epistemology. The notion of aesthetic and historical experience is explored in order to define the relationship between historical representation and what it represents. (shrink)

The main difficulty utilitarians have faced is the problem of reconciling the dictates of utility with what seem clearly to be moral duties, but based on considerations of Justice. John Stuart Mill addressed this problem in his essay,Utilitarianism,and the result has not served to silence the critics of utilitarianism on this score. In part, this is due to the fact that Mill's position in the chapter on Justice is not entirely clear, nor is it entirely convincing where it is clear. (...) Still, I do not think Mill's views on Justice have been given their due. In this essay, I shall try to show that Mill anticipated recently defended principles that rely on appeal to a notion of fairness or fair play, and that these can be given a utilitarian foundation. (shrink)

The main difficulty utilitarians have faced is the problem of reconciling the dictates of utility with what seem clearly to be moral duties, but based on considerations of Justice. John Stuart Mill addressed this problem in his essay,Utilitarianism,and the result has not served to silence the critics of utilitarianism on this score. In part, this is due to the fact that Mill's position in the chapter on Justice is not entirely clear, nor is it entirely convincing where it is clear. (...) Still, I do not think Mill's views on Justice have been given their due. In this essay, I shall try to show that Mill anticipated recently defended principles that rely on appeal to a notion of fairness or fair play, and that these can be given a utilitarian foundation. (shrink)