No presente artigo, analisamos as abordagens de António Damásio e Gerald Edelman sobre a consciência e fazemos um paralelo com as teses apresentadas pelo filósofo John Searle. Recorremos também às críticas dos filósofos Bennett e Hacker como pedras de toque da viabilidade de algumas teses. Desse modo, apresentamos uma revisão sistemática da obra de Damásio, Edelman e Searle, a fim de promover um diálogo produtivo entre as ideias defendidas por estes autores, os quais, segundo nossa interpretação, assumem uma teoria do (...) campo unificado da consciência. (shrink)

This book explores the epistemic side of racial and sexual oppression. It elucidates how social insensitivities and imposed silences prevent members of different groups from listening to each other.

This paper provides a detailed analysis of how, according to Kant, the moral badness of some third parties’ actions can be established with certainty (by anyone, not only by the agent’s own conscience or by God). This account helps clarify why Kant affirms that some forms of wrongdoing (of which there are a “multitude of woeful examples”) can be demonstrated to be immoral, while excluding the possibility of proving the moral goodness of any action. The paper concludes by arguing that (...) the possible certainty of judgements imputing immorality to actions of others is not rational but rather moral. (shrink)

Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two jurisdictions, in particular (...) given the recent ECtHR pronouncement on “EU Dublin transfers”. The article aims at evaluating protection available for asylum seekers and refugees under the ECHR, while comparing it with protection of asylum relevant fundamental rights under the EU legal order and the most recent jurisprudence of the CJEU in asylum cases. The authors also analyze which of the two systems is more favourable and what are their limitations. Thus, the article offers to students and practitioners a detailed analysis of ECtHR and CJEU jurisprudence in asylum cases through a comparative perspective, as well as the key problematic aspects arising in both jurisdictions and their junction. The jurisprudence of the ECtHR reveals that despite the most developed protection from expulsion under Article 3 of the ECHR, it does not sufficiently secure status for the concerned persons. Effective remedy requirements under the ECHR allow for filling the gaps of national asylum procedures, while recognition of vulnerability and special status of asylum seekers by the ECtHR assist in addressing still commonly prevailing detention problems of asylum seekers in Europe. In the context of family protection, the recognition of positive obligations by states to reunite the refugee families is still rudimentary, thus, clearly Article 3 protection in expulsion cases takes over Article 8. At the same time, the jurisprudence of the CJEU in asylum cases is still inconsistent, as the court sometimes takes decisions without including human rights into its’ analysis (Kadzoev, Arslan, K.), while in other cases refers to the Charter (MA and others), verifies if its’ own decision is in line with the ECtHR jurisprudence (Elgafaji) or shapes secondary legislation in line with Strasbourg arguments and findings (N.S.). Quite likely, the ECtHR practice will have an important influence on the developments of subsidiary protection in the EU, at least in the context of Articles 2 and 3 of the ECHR, and serve as an important reference for interpretation of various concepts under the EU Qualification and Procedures Directives. The comparative analysis of pros and cons of the two mechanisms demonstrates that the main advantage of the ECtHR is individual justice possibility, which is not yet accessible under CJEU preliminary judgement procedure and its input in developing asylum law concepts, such as non-state agents of persecution, internal protection or even subsidiary protection regime under EU asylum law. Thanks to the ECtHR, the realistic possibility to question the application of certain EU norms has emerged (Dublin Regulation). While the ECtHR does not have such a specific competence over asylum issues as the CJEU and is clearly a slow and seriously overburdened mechanism, the pilot judgement procedure seems to be increasingly capable of providing guidelines to the states concerning systematic problems in their asylum procedures. Thus, both jurisdictions in their own ways contribute to strengthening asylum seekers’ protection while forming a common oasis for these individuals in Europe. (shrink)

The establishment of the Common European Asylum System by 2012 remains a key policy objective for the European Union. According to the Council of the European Union, the development of a Common Asylum Policy should be based on a full and inclusive application of the 1951 Geneva Convention Relating to the Status of Refugees and other relevant international treaties. In the European Pact on Immigration and Asylum attention is brought to the persistence of wide disparities amongst Member States in the (...) granting of protection and the form of protection granted. This is seen as one of the main problems to be addressed in building the CEAS. It is fairly obvious that existing divergences in policy have a substantial impact upon the aims of the CEAS. It can be assumed that the difference in governmental practices involving recognizing asylum seekers on refugee grounds or subsidiary protection grounds may be a substantial factor in the decision-making process on where to apply for international protection. The European Commission stressed the importance, during the second phase of the CEAS, of paying particular attention to subsidiary and other forms of protection. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...) due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

In 2012 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i. e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia and Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification and procedural problems in LGBT cases. Criminalisation, (...) state protection against non-state persecution, concealment of sexual or gender identity, internal protection were discussed in the previous article ‘The Refugee Qualification Problems in LGBT Asylum Cases’ by Laurynas Biekša2. In this article the authors aim to describe the main procedural problems in LGBT asylum cases (i. e., credibility assessment, late disclosure, country of origin information and reception) and propose their solutions. Guiding European and international standards are laid down in the Reception Directive3, Qualification Directive4, Procedures Directive5 and UNHCR Guidance Note6. Today these standards should serve as a starting point for identifying the problems LGBT asylum seekers may have during their asylum procedures and for finding possible solutions. (shrink)

The 6th of February 2005 marks the deadline of transposition of the EU Council Directive No. 2003/9/EC (Reception Conditions‘ Directive) into national legislation. This article is the second in a series of articles on transposition of the European Union Asylum Directives in Lithuania and remaining concerns. It analyses the transposition of the Reception Conditions Directive in the country, the impact of the directive‘s provisions on the development of the Lithuanian asylum law and draws attention to the remaining concerns in relation (...) to implementation of this directive in Lithuania. The authors illustrate the remaining concerns with practical and live examples/stories from Lithuania. (shrink)

The Gamer's Dilemma challenges us to find a distinction between virtual murder and virtual pedophilia. Without such a distinction, we are forced to conclude that either both are morally acceptable or that both should be morally illicit. This paper argues that the best way to solve the dilemma is, in one sense, to dissolve it. The Gamer's Dilemma rests on a misunderstanding in the sense that it does not distinguish between the form of a simulation and its surface content. A (...) greater appreciation of the way structural features of a simulation affect subject experience will help us see why only simulations of murder and pedophilia generating virtually real experiences are likely to be seen as wrong. I argue that a simulation’s structural elements powerfully affect how subjects experience simulated content and hence is an important, and previously neglected, variable necessary to dissolve the Gamer's Dilemma. Properly understood, virtually real simulations of murder and pedophilia are both likely to be treated by players as morally wrong. Similarly, virtually unreal murder and pedophilia will be less likely to be judged as wrong. Subject judgments are thus consistent once a simulation’s structural variables are accounted for. The Gamer's Dilemma dissolves as a dilemma once we acknowledge these structural features of simulations and how they affect experience and moral judgment. (shrink)

In this concise, witty critical study, Merquior examines Foucault's work on madness, sexuality, and power and offers a provocative assessment of Foucault as a "neo-anarchist." Merquior brings an astonishing breadth of scholarship to bear on his subject as he explores Foucault using insights from a range of fields including philosophy, sociology, and history.

This paper argues that, while there is a difference between personal and sub-personal explanation, claims of autonomy should be treated with scepticism. It distinguishes between horizontal and vertical explanatory relations that might hold between facts at the personal and facts at the sub-personal level. Noting that many philosophers are prepared to accept vertical explanatory relations between the two levels, I argue for the stronger claim that, in the case of at least three central personal level phenomena, the demands of explanatory (...) adequacy require postulating horizontal explanatory relations. (shrink)

Comme toute manifestation ou objet soumis à la critique de la dialectique négative, l’improvisation dans le jazz oscille, selon le point de vue d’Adorno, entre deux extrêmes. D’un côté, elle est tournée vers un mimétisme du mode de travail du monde capitaliste, de l’autre, elle porte une puissance utopique. Le philosophe a identifié la contradiction entre travail et utopie dans le matériau musical, mais il n’est pas allé jusqu’au bout de ses analyses. Dans cet article, nous tenterons de poursuivre l’examen (...) de sa démarche. (shrink)

This essay attempts to articulate three authors who have tried to think about the present time in its form of permanent crisis. Paulo Arantes with his theory of the age of emergency, Joshua Clover with his theory of the age of riots, and Wolfgang Streeck and the age of entropy. Arantes will serve as our theoretical foundation, while Clover will help us think about the informal masses that form in the riots while Streeck will help us think about the excessive (...) individualism of the present situation. It is in the latter that we recover the idea of the need to think about improvisation to conclude with what could be the general features of this. (shrink)

Corporate America is institutionalizing ethics through a variety of structures, systems, and processes. This study sought to identify managerial perceptions regarding the institutionalization of ethics in organizations. Eighty-six corporate level marketing and human resource managers of American multi-national corporations responded to a mail survey regarding the various implicit and explicit ways by which corporations institutionalize ethics. The results revealed that managers found ethics to be good for the bottom line of the organizations, they did not perceive the need for additional (...) formalization of ethics, and that they perceived implicit forms of institutionalizing ethics (e.g., leadership, corporate culture, top management support) to be more effective than the explicit forms of institutionalizing ethics (e.g., ethics ombudspeople, ethics committees, ethics newsletters). Implications of the survey and future research directions conclude the paper. (shrink)

O Professor Rubens Pinto Lyra oferece nesse livro um conjunto de reflexões que abarcam temas complexos da ciência política, indo desde questões tratadas em nível teórico mais abstrato, como as ideologias e o conceito de bloco histórico... também analisa as transformações políticas em nossa época, como a emergência de uma extrema-direita proto-fascista, em nível interno (bolsonarismo) e mundial. E, ainda a relação entre religião e política"--Front flap.

v. 1. Edad Media. 4. ed. -- v. 2. La época del Renacimiento. 2. ed. -- v. 3. El siglo del Barroco. 3. ed.

This paper aims to outline an analysis and interpretation of the process that led to First-Order Logic and its consolidation as a core system of modern logic. We begin with an historical overview of landmarks along the road to modern logic, and proceed to a philosophical discussion casting doubt on the possibility of a purely rational justification of the actual delimitation of First-Order-Logic. On this basis, we advance the thesis that a certain historical tradition was essential to the emergence of (...) modern logic; this traditional context is analyzed as consisting in some guiding principles and, particularly, a set of exemplares (i.e., paradigmatic instances). Then, we proceed to interpret the historical course of development reviewed in section 1, which can broadly be described as a two-phased movement of expansion and then restriction of the scope of logical theory. We shall try to pinpoint ambivalencies in the process, and the main motives for subsequent changes. Among the latter, one may emphasize the spirit of modern axiomatics, the situation of foundational insecurity in the 1920s, the resulting desire to find systems well-behaved from a proof-theoretical point of view, and the metatheoretical results of the 1930s. Not surprisingly, the mathematical and, more specifically, the foundational context in which Firs-Order-Logic matured will be seen to have played a primary role in its shaping. (shrink)

A gestão da Covid no Brasil está entre as piores do mundo, com número de óbitos inaceitavelmente alto. É inclusive estranho que esses resultados não tenham sido capazes de disparar entre os brasileiros nenhuma mobilização social mais decisiva. Não obstante o reconhecimento da importância do debate mais estritamente político, o objetivo deste artigo é ensaiar uma reflexão fenomenológica sobre a respiração, tendo Heidegger como referência principal. A Covid é afinal uma doença respiratória, que nos convida – ou deveria convidar – (...) a pensar sobre a respiração sob perspectivas históricas, ontológicas e existenciais. São dois os temas a discutir: nossa empobrecida relação com o respirar, e a dificuldade de, mesmo diante de mais de 600 mil mortes direta ou indiretamente causadas no Brasil por asfixia – e mais de 5 milhões no mundo –, encontrarmos caminho para discutir o assunto com mais profundidade. (shrink)

The affirmation that “there is no philosophy other than Western philosophy” is not in Heideggerian terms praise for the West. One of the ways Heidegger deals with the current hegemony of technology is the search for its historical-ontological origin, tracing the contemporary phenomenon back to its Greek roots. As there are no meta-narratives linking, for example, the China of Laozi to the technological power that China is today, one imagines that global developmentalism really has its epicenter in the West. Be (...) that as it may, East and West need to think about the paths that mysteriously define their common technological destiny. It is against this backdrop that some of Heidegger's references to the Dao will be revisited here. (shrink)

Reiteradamente, ao longo de sua obra, Heidegger referiu-se ao opúsculo Sobre a essência da verdade, cuja primeira elaboração data de 1930. Chega a dizer, em entrevista ao L’Express , ser esse trabalho a "dobradiça" entre Heidegger I e Heidegger II, inseparáveis um do outro. A questão da história é nele abordada na sua relação com a verdade do ser, mais exatamente, com a idéia de que a continuidade dos eventos que concerne a essa verdade está ontologicamente ligada a uma recusa (...) original do ser a uma inteligibilidade plena ou definitiva. Dessa recusa original decorre a liberdade e, simultaneamente, a possibilidade do erro, a errância; decorre, igualmente, a possibilidade de completo desnorteamento. Tomando essas teses como ponto de partida, é possível afastar da concepção heideggeriana de história quaisquer traços de processualismo ou teleologia, e, sobretudo, reconciliá-la com uma idéia simultaneamente geral e "concreta" de alteridade. É o que aqui se pretende.Over and over along his works Heidegger has mentioned the opuscule On the Essence of Truth, whose first elaboration dates from 1930. In an interview to L'Express he even comes to say about this work that it is a "hinge" between Heidegger I and Heidegger II, inseparable from each other. The text deals with the question of history in its reference to the truth of being, more precisely, to the idea that the continuity of events related to this truth is ontologically tied to an original refusal of being to a full or conclusive intelligibility. What is brought out of this original refusal is freedom but, at the same time, the possibility of error, errancy; it also follows the possibility of complete disorientation. Taking these thesis as a starting point, it is possible to move away from the heideggerian conception of history any traces of processualism or teleology and, above all, to reconcile it with an idea both broad and "concrete" of alterity. That's what we intended to do here. (shrink)

Trata-se da difícil questão do sentido em que, a partir de Heidegger, pode ser pensada uma superação da metafísica. O pano de fundo é a atualidade e a onipresença do seu acabamento técnico. A preocupação central é o problema do possível modo de ser - ou de sobreviver - de um pensamento que, imerso nessa onipresença, seja, ainda assim, capaz de interrogá-la. Questões como a do salto e da reviravolta revelam a espécie de contorcionismo envolvido nessa noção de superação, levando (...) a refletir, entre outras coisas, sobre a relação desse pensamento com a sua história. O desfecho é a identificação de um campo de preocupações no qual um pensamento posto diante da própria possibilidade de aniquilação coloca a si mesmo o problema hermenêutico de uma lúcida práxis pensante.We deal with a difficult question: the sense in which, after Heidegger, one can think of an overcoming of metaphysics. The background is the currency and omnipresence of its technical ending. Mainly focused is the problem of the possible way of being - or surviving - of a thought that, immersed in this omnipresence, is still able to inquire it. Questions such as that of the leap and the reversal show the kind of contortionism attached to this notion of overcoming. Among other issues, they call for a reflection on the relation of this thought with its history. The outcome is the identification of a field of matters which makes appear, for a thought facing the possibility of its own annihilation, the hermeneutic problem of a lucid thinking praxis. (shrink)

t. 1. La moral teológica y su acción en el paganismo. La moral teológica y su acción en el judaismo.--t. 2. La moral teológica y su acción en el cristianismo.

Tarski's 1936 paper, “On the concept of logical consequence”, is a rather philosophical, non-technical paper that leaves room for conflicting interpretations. My purpose is to review some important issues that explicitly or implicitly constitute its themes. My discussion contains four sections: terminological and conceptual preliminaries, Tarski's definition of the concept of logical consequence, Tarski's discussion of omega-incomplete theories, and concluding remarks concerning the kind of conception that Tarski's definition was intended to explicate. The third section involves subsidiary issues, such as (...) Tarski's discussion concerning the distinction between material and formal consequence and the important question ofthe criterion for distinguishing between logical and non-logical terms.§1. Preliminaries. In this paper an argument is a two-part system composed of a set of propositions P and a single proposition c. The expression ‘c is a [logical] consequence of P’ is used with the same meaning as the expression ‘c is [logically] implied by P’. The expressions ‘is a logical consequence of’ and the converse ‘implies’ are relational. Often, I shall be talking in the same sense of validity of an argument. Validity is a property of arguments; an argument with premise-set P and conclusion c is valid if and only if P implies c; i.e., c is a logical consequence of P. Notice that this notion of argument is strictly ontic; it does not involve any agent that thinks, determines or establishes that a given proposition is or is not a consequence of a given set of propositions. (shrink)

Las tesis que aquí se presentan han sido elaboradas a partir del análisis del ensayo de Jan Mukarovsky: “Función, norma y valor estético como hechos sociales”. (Cfr. Jan Mukarovsky. Escritos de estética y semiótica del arte, pp. 44-121). Las mismas han sido enriquecidas como resultado del debate que, generación tras generación, sobre ellas hemos sostenido con los estudiantes —la mayoría de ellos hoy egresados del posgrado en Estética y Arte de la BUAP—. Es un trabajo que lleva su huella y (...) ningún marco mejor para incluirlo que el de este libro de la serie Academia y Egresados de la Colección La Fuente. Sirva su publicación, entonces, como reconocimiento a la participación activa y creativa de todos ellos en esos siempre gratificantes cursos de Estética y Teoría del Arte III. (shrink)

Despite frequent calls for the overhaul of null hypothesis significance testing (NHST), this controversial procedure remains ubiquitous in behavioral, social and biomedical teaching and research. Little change seems possible once the procedure becomes well ingrained in the minds and current practice of researchers; thus, the optimal opportunity for such change is at the time the procedure is taught, be this at undergraduate or at postgraduate levels. This paper presents a tutorial for the teaching of data testing procedures, often referred to (...) as hypothesis testing theories. The first procedure introduced is Fisher's approach to data testing—tests of significance; the second is Neyman-Pearson's approach—tests of acceptance; the final procedure is the incongruent combination of the previous two theories into the current approach—NSHT. For those researchers sticking with the latter, two compromise solutions on how to improve NHST conclude the tutorial. (shrink)

One of the key debates in the literature on small and medium enterprises and corporate social responsibility in developing countries has to do with the role that local industrial districts, or so-called industrial clusters, play in the promotion of CSR in those countries. While there is now an embryonic literature on this subject, we lack systematic, integrated analytical frameworks that can improve our understanding of the role that governance of clusters play in addressing CSR concerns in SMEs in developing countries. (...) This article develops such a conceptual framework drawing on the literatures on cluster governance, CSR, SMEs, and environmental management as they relate to the developing countries. The authors argue that environmental improvements in SME clusters can be achieved through three basic types of cluster governance: legal enforcement, supply chain pressure, and voluntary engagement in CSR. The proposed framework is an attempt to show how each type of cluster governance is likely to induce different responses in cluster-based SMEs. These responses are related to stages of CSR in which SMEs engage, the barriers to EM they face, the types of EM practices they use, the climate change strategy types they use, and the kinds of benefits that accrue to SMEs from engagement in CSR. The authors put foward a framework that can be useful for both academics and practitioners as they seek to reflect on the interconnectedness of these themes from a research, policy, and practice perspective. (shrink)