A orientação filosófica de João Mendes Júnior, por E. de Figueiredo Ferraz.--Pressupostos filosófico-jurídicos da revisão constitucional, por T. Cavalcanti Filho.--A justiça como história, por R. Cirell Czerna.--As regras de trato social em confronto com o direito, por D. de Santis Garcia.--Estado e direito, por C. Ashcar.--Doutrinas interpretativas do fenômeno jurídico, por J. Cretella Júnior.

Introduction Context: In Portugal assisted death was approved in February 2020 by the Parliament, although the law is not yet in force. Objectives To find out what doctors think about those practices. Methods A link to a questionnaire was sent by email three times, at intervals of one week, to the doctors registered in the Northern Section of the Portuguese Medical Association, before the Parliamentary approval. Results The questionnaire was returned by 1148 physicians. A minority of doctors would practice a (...) form of assisted death under the present law or if it was legalized, but a higher percentage think that euthanasia should be legalized, and more would like to have that option if they themselves were in a terminal phase of a disease. Religion has a strong influence on the attitudes of doctors, so too does their contact with patients in a terminal phase, as doctors who deal with more patients with far advanced diseases are more likely to be unfavorable to assisted death. On the other hand, younger doctors are more in favor of these practices. Conclusion The small percentage of questionnaires sent back is a weakness in this study and casts doubts on the generalizability of the conclusions. However, this is, so far, the best approximation to the opinions of Portuguese doctors on assisted death. (shrink)

The study focused on the adventure-based experiential learning component of the North-West University peer helper training program. The aim of this study was to explore and describe a group of peer helpers’ subjective experiences of their participation in an ABEL program, with a focus on how these experiences related to the concept of grit. A total of 26 students at the North-West University, both male and female, participated in the study. A qualitative research approach with a case study research design (...) was used. The participants completed daily reflective diaries for the duration of the three-day ABEL program. After 3 months of performing their duties as peer helpers, the same individuals participated in focus group interviews. Themes were identified through inductive analysis and discussed regarding their relevance to the concept of grit. The main themes that emerged from both phases of data collection included intra-, inter-, and transpersonal/transcendent aspects, within which participants regularly referred to elements of grit. It was concluded that ABEL, due to its unique nature and demands, provides an ideal mechanism for the facilitation of personal growth on various levels. More specifically, through its clear association with the improvement and/or development of participants’ grit, it could equip these students to be more effective in their role as peer helpers. (shrink)

In der byzantinischen Welt der Kunst im breiteren Sinne ist die Baukunst in mehrere voneinander getrennte Richtungen mit unterschiedlichen Merkmalen eingeteilt. Dabei ist eine ähnliche Auffassung des Raums für alle gemeinsam, und eben dieses Element vereint sie restlos zum Kreis der byzantinischen Baukunst. In dieser Hinsicht bildet die sakrale Baukunst auf dem Gebiet Griechenlands eine besondere Ganzheit nicht nur im Hinblick auf eine grosse Anzahl von Denkmälern mit einfacheren und komplexeren Lösungen, sondern auch im Hinblick auf ihre hohen Bauwerte sowie (...) auf ihren reichen Reliefschmuck. (shrink)

The social construction of space -- The anatomy of taste -- Towards a theory of cultural practice --Fields of cultural production -- Cultural practice, reflexivity and political action.

Pierre Bourdieu is arguably one of the twentieth century’s greatest socio-philosophical thinkers and his writings have much to offer anyone interested in the ways that people value, consume and produce architecture. Bourdieu spent much of his life attempting to understand cultural consumption and production through detailed empirical research that included studies of dwellings, art, museums, photography and aesthetics. This book introduces the architectural reader to Bourdieu’s key writings on culture and outlines the ways in which they offer powerful practical tools (...) and novel conceptual frameworks for understanding architectural value, taste, and practice. (shrink)

Filozofija 21. stoljeća dužna je preispitati fundamentalne pojmove na kojima je zasnovana kako bi se utvrdilo je li povijesni tijek utjecao na promjenu u njihovoj biti i utjecaju. Jedan od takvih pojmova je pojam stvaralaštva koji se od još od starogrčke epohe vezuje za poietičku filozofiju. Neophodno je postaviti pitanje o tome je li još uvijek opravdana podjela prema kojoj je stvaralaštvo sfera ποίησις ili se stvaranje sâmo u tolikoj mjeri promijenilo kroz povijesna kretanja da je potrebno iz temelja ponovno (...) odrediti ne samo njegov pojam nego i sfere njegova utjecaja. Kroz proces takvog ispitivanja važno je ukazati na autore koji su smatrali da upravo ono stvaralačko fundira pojam čovjeka, kao i na one autore koji su upozoravali na takvu mogućnost. Razlika između starogrčkog τέχνη i suvremene tehnike, razlika između čovjeka kao zoon politikon i zoon technikon te razlika u određenjima pojma stvaranja otvaraju bitno pitanje: je li problem stvaralaštva toliko temeljan da je zbog njega neophodno preispitati filozofiju jedne epohe u cjelini? Twenty-first century philosophy is required to re-examine the fundamental concepts upon which it is founded in order to affirm whether the course of history has caused changes in its essence and influence. One such concept is the concept of creativity, which has been tied to poietic philosophy since Ancient Greece. It is necessary to examine the validity of the division according to which creativity lies within the sphere of ποίησις, or if creativity itself has changed to such an extent throughout history that both its concept and its sphere of influence must be thoroughly re-defined. Through such inquiry, it is important to note authors who have claimed that the act of creativity lies at the basis of the concept of man, as well as authors who have indicated this as a possibility. The difference between the Old Greek τέχνη and the modern ‘technique’, the difference between man as a zoon politikon and zoon technikon, and differences in definitions of the concept of creativity all raise an important question: is the problem of creativity so fundamental that it requires a complete re examination of the philosophy of an entire era? (shrink)

Twenty-first century philosophy is required to re-examine the fundamental concepts upon which it is founded in order to affirm whether the course of history has caused changes in its essence and influence. One such concept is the concept of creativity, which has been tied to poietic philosophy since Ancient Greece. It is necessary to examine the validity of the division according to which creativity lies within the sphere of ποίησις, or if creativity itself has changed to such an extent throughout (...) history that both its concept and its sphere of influence must be thoroughly re-defined. Through such inquiry, it is important to note authors who have claimed that the act of creativity lies at the basis of the concept of man, as well as authors who have indicated this as a possibility. The difference between the Old Greek τέχνη and the modern ‘technique’, the difference between man as a zoon politikon and zoon technikon, and differences in definitions of the concept of creativity all raise an important question: is the problem of creativity so fundamental that it requires a complete re examination of the philosophy of an entire era? (shrink)

E's ‘unam’ is the reading favoured by all modern editors. Either reading is possible in terms of sense and metre, and the choice is not an easy one. The attraction of ‘ unam’ is obvious and consists in the stress which it lays on Jocasta's isolation and vulnerability in the face of ‘omnis… iuuentus’. The appeal of ‘una’ is a little more subtle. It emphasises the coming together of the youth, whether Argive or Theban, in common cause against the aged (...) Jocasta. It is ironical that the two fiercely opposed sides are urged to come together not against a mutual foe but against a defenceless old woman. And even more ironical is the notion of the brothers' uniting to kill their mother: from the beginning of the play they have been portrayed as uncompromisingly hostile to each other; now, bent on the impious act of fratricide, they are envisaged as acting together for the first time, but only to accomplish an equally great or even greater impiety – matricide. The reading of A is attractive not only because of the characteristic irony which it expresses, but also because it heralds the even stronger expression of the same notion in 445 with ‘ciuis atque hostis simul…’. One may note also that ‘omnis ruat / una’ appears to be an echo of Vergil's ‘una omnes mere’. (shrink)

E's ‘unam’ is the reading favoured by all modern editors. Either reading is possible in terms of sense and metre, and the choice is not an easy one. The attraction of ‘ unam’ is obvious and consists in the stress which it lays on Jocasta's isolation and vulnerability in the face of ‘omnis… iuuentus’. The appeal of ‘una’ is a little more subtle. It emphasises the coming together of the youth, whether Argive or Theban, in common cause against the aged (...) Jocasta. It is ironical that the two fiercely opposed sides are urged to come together not against a mutual foe but against a defenceless old woman. And even more ironical is the notion of the brothers' uniting to kill their mother: from the beginning of the play they have been portrayed as uncompromisingly hostile to each other; now, bent on the impious act of fratricide, they are envisaged as acting together for the first time, but only to accomplish an equally great or even greater impiety – matricide. The reading of A is attractive not only because of the characteristic irony which it expresses, but also because it heralds the even stronger expression of the same notion in 445 with ‘ciuis atque hostis simul…’. One may note also that ‘omnis ruat / una’ appears to be an echo of Vergil's ‘una omnes mere’. (shrink)

Članak tematizira različite vrste objašnjenja u povijesti, a problem značaja povijesnog objašnjenja pokušava se riješiti odbacivanjem metodološkog gledišta prema kojem se prirodne znanosti temelje na objašnjenju, a društvene samo na razumijevanju. Povijesna objašnjenja sadrže velik broj singularnih iskaza, i pri njihovu argumentiranju i objedinjavanju povjesničari se služe samo statističkim generalizacijama, budući da univerzalne zakonitosti povijesnih procesa, koji sadržavaju te činjenice, nije moguće utvrditi. No, pri rekonstrukciji povijesnih zbivanja, procesa i struktura nije ni potrebno opisati svaki njihov sastavni dio. U istraživanju (...) i objašnjenju prošlih događaja nikada ne možemo opisati čitav skup kauzalnih uvjeta za ono što se dogodilo, jer se povijesni opis jednog događaja može odnositi samo na mali broj njegovih aspekata i mora se negdje u kauzalnom nizu zaustaviti u traženju onoga što mu je prethodilo. Povijesna je znanost stoga suočena s beskonačnošću svog predmeta, a povjesničar pritom odabire činjenice koje smatra relevantnima za objašnjenje određenog problema. Upravo taj selektivni karakter u istraživanju predstavlja glavnu razliku između istraživanja ljudske prošlosti i predmeta ostalih znanosti. Pored toga, prošlost je uvijek nedovršena i otvorena prema budućnosti, a u skladu s mijenjanjem povijesne stvarnosti, mijenja se i spoznaja povijesne znanosti.The article discusses different types of explanation in history and tries at the same time to solve the problem of significance of historical explanation by discarding the methodological view according to which the natural sciences are based on explanation while social sciences are based solely on understanding. Historical explanations consist of a large number of singular testimonies and, in order to provide argument and unification for these testimonies, historians use only statistical generalizations since universal laws that govern historical processes to which the testimonies refer cannot be determined. However, the reconstruction of historical events, processes and structures does not necessarily demand from the historian to describe their every single component. When we do research or trying to explain past events, we are never able to describe the causal relations for an event in their totality because a historical description of a single event can be applied only to a small number of its aspects and while trying to find what led to the event we inevitably have to stop at some point of the causal chain. History as a science is therefore faced with the infinity of its subject matter and consequently the historian must select the facts that he or she considers relevant for the explanation of a given problem. Precisely this selective approach in research represents the crucial difference existing between the research of human history and the subject matter of other sciences. Furthermore, history is always incomplete and open toward the future and, as the historical reality changes, accordingly the notion of historical science changes as well. (shrink)

PurposeTo explore and describe a trained communication partner’s use of responsive strategies in dyadic interaction with adults with Rett syndrome.IntroductionResponsive partner strategies facilitate social, communicative, and linguistic development. The common feature is that the communication partner responds contingently to the other’s focus of attention and interprets their acts as communicative. Research on responsive partner strategies that involves individuals with significant communication and motor disabilities remains sparse. The same applies to if, and how, the use of communication aids impacts on the (...) partner’s use of responsive strategies.Materials and methodsA therapist, trained in responsive partner strategies and aided communication interacted during 14 sessions with each of three participants. The participants were adults with Rett syndrome. A gaze-controlled device and responsive strategies were used during all sessions. The Responsive Augmentative and Alternative Communication Style scale was used to assess the partner’s responsiveness. RAACS consists of 11 items including ratings of to what extent the partner is being attentive to, confirms, and expands the individual’s communication. During eight of the 14 sessions, aided AAC Modelling was also used, i.e., the communication partner pointed at symbols on the gaze-controlled device while interacting. In addition to RAACS, each time the communication partner confirmed or expanded on communication when the participants used the gaze-controlled device and the participants did not use the gaze-controlled device was counted. Descriptive statistics were used to present the results. Non-parametric tests were used to compare means between the two conditions and between participants.ResultsInter-rater agreement for the different RAACS items ranged from 0.73 to 0.96 and was thus found to be fair to excellent. The communication partner’s use of responsive strategies varied when communicating with different participants and the scores were higher when aided AAC modeling was used. The communication partner’s number of responses and use of responsive strategies were higher when the participants communicated through a gaze-controlled device.ConclusionThe communication partner’s use of responsive and scaffolding strategies is not a fixed construct but varies in interactions with different non-speaking persons. The same is true whether the non-speaking person uses a gaze-controlled device with digitized speech or not. (shrink)

For among most contemporaries, the concept of Eros seems to have nothing to do with Christianity. Sifting through the psychoanalysis of sexual fantasy, theologically it says nothing. Our study gives reasons showing that for theologians since the dawn of the Christian era, Eros-love plays a fundamental role.. The connotations of this concept, however, are different from those of today, when its sensory meaning is more restricted to sexuality. Greek theologians of the first centuries after Christ, taught the concept of Plato (...) enshrined as a unifying enthusiasm, the attraction of inferior to superior states, as “hungry and thirsty” for something continuously higher, developing, and enriching the connotation. The work of Dionysius Areopagite, the Idea of Good, leads us step by step up the ascent of the erotically chaste, and is identified with the One-God, who is the very source of love. Consequently, Eros-love originates from God, Eros- love being not only an ascending but firstly a descending love, which calls for a reciprocal communion. (shrink)

This paper investigates the role of a pre-existing body-model that is an enabling constraint for the incorporation of objects into the body. This body-model is also a basis for the distinction between body extensions (e.g., in the case of tool-use) and incorporation (e.g., in the case of successful prosthesis use). It is argued that, in the case of incorporation, changes in the sense of body-ownership involve a reorganization of the body-model, whereas extension of the body with tools does not involve (...) changes in the sense of body-ownership. (shrink)

Purpose The purpose of this paper is to report on empirical work conducted to open up algorithmic interpretability and transparency. In recent years, significant concerns have arisen regarding the increasing pervasiveness of algorithms and the impact of automated decision-making in our lives. Particularly problematic is the lack of transparency surrounding the development of these algorithmic systems and their use. It is often suggested that to make algorithms more fair, they should be made more transparent, but exactly how this can be (...) achieved remains unclear. Design/methodology/approach An empirical study was conducted to begin unpacking issues around algorithmic interpretability and transparency. The study involved discussion-based experiments centred around a limited resource allocation scenario which required participants to select their most and least preferred algorithms in a particular context. In addition to collecting quantitative data about preferences, qualitative data captured participants’ expressed reasoning behind their selections. Findings Even when provided with the same information about the scenario, participants made different algorithm preference selections and rationalised their selections differently. The study results revealed diversity in participant responses but consistency in the emphasis they placed on normative concerns and the importance of context when accounting for their selections. The issues raised by participants as important to their selections resonate closely with values that have come to the fore in current debates over algorithm prevalence. Originality/value This work developed a novel empirical approach that demonstrates the value in pursuing algorithmic interpretability and transparency while also highlighting the complexities surrounding their accomplishment. (shrink)

The sensible and conflicting scenario of the pandemic postulated many challenges to societies around the world in 2020. Part of this problem refers to how the differences between politics and science are not comprehended in their particularities. The recognition of limits and power of science and politics can not only contribute to reaching the actions and strategies facing novel coronavirus but also optimized many domains of society.

As health policy-makers around the world seek to make progress towards universal health coverage, they must navigate between two important ethical imperatives: to set national spending priorities fairly and efficiently; and to safeguard the right to health. These imperatives can conflict, leading some to conclude that rights-based approaches present a disruptive influence on health policy, hindering states’ efforts to set priorities fairly and efficiently. Here, we challenge this perception. We argue first that these points of tension stem largely from inadequate (...) interpretations of the aims of priority setting as well as the right to health. We then discuss various ways in which the right to health complements traditional concerns of priority setting and vice versa. Finally, we set out a three-step process by which policy-makers may navigate the ethical and legal considerations at play. (shrink)

Provability, Computability and Reflection.

Decision-making capacity is the gatekeeping element for a patient’s right to self-determination with regard to medical decisions. A DMC evaluation is not only conducted on descriptive grounds but is an inherently normative task including ethical reasoning. Therefore, it is dependent to a considerable extent on the values held by the clinicians involved in the DMC evaluation. Dealing with the question of how to reasonably support clinicians in arriving at a DMC judgment, a new tool is presented that fundamentally differs from (...) existing ones: the U-Doc. By putting greater emphasis on the judgmental process rather than on the measurement of mental abilities, the clinician as a decision-maker is brought into focus, rendering the tool more of an evaluation guide than a test instrument. In a qualitative study, the perceived benefits of and difficulties with the tool have been explored. The findings show on the one hand that the evaluation aid provides basic orientation, supports a holistic perspective on the patient, sensitizes for ethical considerations and personal biases, and helps to think through the decision, to argue, and to justify one’s judgment. On the other hand, the room for interpretation due to absent operationalisations, related ambiguities, and the confrontation with one’s own subjectivity may be experienced as unsettling. (shrink)

The European Commission has recently proposed the introduction of legally binding quotas for women on corporate boards of European companies. This proposal has put the spotlight on the question of whether increasing female representation on the board brings economic benefits to the firm. In order to shed light on the issue, this study investigates the direct and indirect effects of women on the board on firm value. We use a simultaneous equation model to estimate the effects of women on the (...) board on firm value, financial performance, and compliance with ethical and social principles adopted by the firm. We find no evidence that a higher female representation on the board directly affects firm’s value. However, we find indirect effects. Women on the board are positively related with financial performance (measured in terms of return on assets and return on sales) and with ethical and social compliance, which in turn are positively related with firm value. The findings in this study suggest that greater female representation on corporate boards of large European firms can increase firm value indirectly. Further, part of the indirect effect comes from stronger compliance with ethical principles, something that is not captured by accounting-based financial performance. (shrink)

ver since the traditional criteria for medical decision-making capacity (understanding, appreciation, reasoning, evidencing a choice) were formulated, they have been criticized for not taking sufficient account of emotions or values that seem, according to the critics and in line with clinical experiences, essential to decision-making capacity. The aim of this paper is to provide a nuanced and structured overview of the arguments provided in the literature emphasizing the importance of these factors and arguing for their inclusion in competence evaluations. Moreover, (...) a broader reflection on the findings of the literature is provided. Specific difficulties of formulating and measuring emotional and valuational factors are discussed inviting reflection on the possibility of handling relevant factors in a more flexible, case-specific, and context-specific way rather than adhering to a rigid set of operationalized criteria. (shrink)

Com base na crítica que Hume faz ao argumento do desígnio, especialmente nas partes 10 e 11 dos Diálogos sobre a Religião Natural, meu objetivo neste artigo é, a partir de uma análise da relação entre a existência do mal no mundo e a suposta existência de uma divindade possuidora dos atributos tradicionais do teísmo, defender a tese segundo a qual o tratamento que Hume dá ao problema do mal corresponde, digamos assim, à cartada final – o último e decisivo (...) recurso que Philo personagem que articula essa crítica) aciona para mostrar que o argumento do desígnio não fornece bases suficientemente sólidas e consistentes para dar suporte à crença na existência de um Deus maximamente poderoso, justo e benevolente; e que, portanto, a existência do mal no mundo tem uma força argumentativa tal que a improbabilidade da existência de Deus é maior do que com base nos argumentos apresentados nas partes 2 a 8 dos Diálogos. Isso significa que eu tomo aqui o problema do mal como o maior problema para o teísta experimental – cuja argumentação pretende provar a existência de Deus a partir da observação dos fenômenos do mundo. (shrink)

Estudo comparado sobre o tratamento dado à reprodução humana assistida no direito do Brasil, Estados Unidos, Portugal, Espanha e Itália.

Apresenta-se uma análise fílmica do videodocumentário Roda o Tererê com vistas a investigar se e como o filme dirigido pela cineasta brasileira Lilian Solá Santiago contribui para uma descolonização do olhar, da estética e da política das imagens. Interessa identificar até que ponto o videodocumentário tensiona o regime de visibilidade dominante na sociedade nacional problematizado por teóricos localizados fora do eixo cultural da Europa. Conclui-se que, ao inscrever-se enquanto cineasta, Lilian Santiago não transforma a sua câmera apenas em voz; transforma (...) o microfone em ouvido, e faz dele uma caixa de ressonância para que as pessoas ouçam e vejam aqueles que vem sendo historicamente apagados dos espaços do aparecer. (shrink)

Understanding cultural evolution is one of the most challenging and indispensable scientific tasks for the survival of humankind on our planet. This task demands, besides an adoption of theories and models from biological evolution, theories for culture-specific processes as well. Language evolution and language acquisition offer interesting objects of study in this respect. (Published Online November 9 2006).

Metamorphoses of the Zoo marshals a unique compendium of critical interventions that envision novel modes of authentic encounter that cultivate humanity's biophilic tendencies without abusing or degrading other animals. These take the form of radical restructurings of what were formerly zoos or map out entirely new, post-zoo sites or experiences. The result is a volume that contributes to moral progress on the inter-species front and eco-psychological health for a humankind whose habitats are now mostly citified or urbanizing.

In most western countries, there is a 'human organ shortage' with waiting lists for the performance of transplantation. In a recent report of the UNOS Ethics Committee it is stated that there are approximately 31,000 potential recipients on waiting lists, but only one fourth of potential donors give their specific consent. Xenotransplantation--defined as the transplantation of animal cells, tissues or organs into human beings--is associated with particular ethical dilemmas, namely the problems of efficiency and safety of this medical procedure. The (...) objective of this study is to analyse the ethical dilemmas in xenotransplantation with the background of a personal view of moral life. Also, xenotransplantation will be evaluated as far as the legal regulation of transplantation is concerned. In particular, we will consider patients rights in accordance with existing laws on organ and tissue transplantation, animal research and clinical trials. (shrink)

This paper analyses the attitude of the contemporary philosophy to the problems associated with increasingly radical diagnoses concerning anthropogenic climate changes that may lead the human civilization on Earth to a global catastrophe. One can identify three approaches to this issue in contemporary philosophy: involvement in the breakthrough taking place; evaluation of the change process from an axiological perspective or ignoring the evolving phenomena on the grounds that it is not possible to define them meaningfully from the perspective of theoretical (...) orientations that currently dominate the contemporary philosophy. (shrink)

Servant leadership offers a compelling ideal of self-sacrificing individuals who put the needs of others before their own and cultivate a culture of growth in their organisations. Although the theory’s attempts to emphasise the moral, emotional and relational dimensions of leadership are laudable, it has primarily assumed a decontextualised view of leadership untouched by power. This article aims to problematise servant leadership by undertaking an intersectional analysis of an Asian cis-male heterosexual senior manager in Australia. Through in-depth interviews with the (...) manager and his staff, the article shows how his attempts to practice servant leadership were informed by intersecting power dynamics of race, gender, sexuality, age and class that subordinated him to white power. The findings demonstrate the ways servant leadership is necessarily embedded in wider power structures that shape who gets to be a “servant leader” and who remains merely a “servant”. (shrink)