The Communicational Theory of Law (CTL) usually differentiates between Legal Sociology and Legal Theory, in the sense that Legal Sociology is concerned with the social validity of the rules and Legal Theory with the formal or legal validity of the rules. It can be argued that both disciplines are two different perspectives of the same empirical reality (legal rules). Also, legal System and social milieu are two closely linked realities; they cannot be separated because they need each other. The Law (...) is the form or order that the social milieu takes, and, at the same time, the social environment provides the ideas, collective representations and other matters that need a legal regulation. For this reason, the epistemological separation between Sociology and Legal Theory must be overcome when the theoretical perspective comes to legal decisions. Thus, the decisional moment becomes the meeting point between the legal System and the social milieu. This is where the concept of the legal System fulfils its main function, as it allows for the dynamism and adaptability of the legal order. The hermeneutic re-elaboration of the normative texts will be the channel through which the social facts and other material elements can inform the meaning or possible interpretations of the rules and institutions of the legal order. This happens primarily by influencing theoretical and doctrinal works of an expository and didactic nature; and secondarily by influencing the decisions of legal operators and courts. This study seeks to explain how the social context influences legal decisions and the formation of the legal System, from a communicational perspective of Law. In order to do so, it will be necessary to set out two epistemological premises of CTL: the semiotic tripartition of the Theory of Law and the legal Order-legal System distinction. (shrink)

The aim of this study is to analyze succinctly the ages of nations in the philosophical standpoint of Giambattista Vico, with special reference to the heroic age. It will be interesting to apply these categories onto the athletic Greek experience with the objective of reclaiming the necessary knowledge of the agonal virtue. Such argument is still valuable nowadays because of the dangerous mistakes of strictly idealistic positions.

Este artículo pretende mostrar la convivencia de dos estructuras de pensamiento en la escolástica española y, especialmente, en Suárez. Vitoria presenta una visión comunitaria del orden internacional y sus enseñanzas serán transmitidas a Suárez, quien, al contrario, presenta una visión societaria del orden internacional. Esta diferencia no es una casualidad, sino un auténtico cambio de paradigma en el sabio granadino, que hace de él un autor más próximo a la modernidad que a la tradición escolástica. Gracias a un estudio comparado (...) mostraremos el punto de inflexión que supone Suárez en el tránsito hacia la modernidad y su idea de un orden mundial fundado en una sociedad de Estados. (shrink)

The life of Saint Teresa of Jesus, the most famous mystic of sixteenth-century Spain, was characterized by recurrent visions and states of ecstasy. In this paper, we examine social components related to Teresa’s personal crises and the historical conditions of her times, factors that must be taken into account to understand these unusual forms of experience and behavior. Many of these factors (e.g., increasing individualism and reflexivity) are precursors of the condition of modern times. Indeed, certain parallels can be observed (...) between Saint Teresa and certain present-day psychopathological disorders. The analogy should not, however, be carried too far. Religion played a particularly crucial role in Teresa’s cultural context; as a result, it would be misleading to view her mystical experiences as resulting from a mental disorder. (shrink)

Decentralized biobanking “de-bi” applies blockchain technology and web3 values to embed the procedural principles of transparency, accountability, and inclusion into the biomedical research ecosyst...

Summary In relation to King Pyrrhus of Epirus, a great number of studies have analysed his different military campaigns, but very few have focused on the political and economic aspects of his reign. Based on a series of references taken from literary accounts, we seek to demonstrate how the internal organisation of the Kingdom of Epirus under Pyrrhus was similar to that of other contemporaneous Hellenistic kingdoms, replete with a Court consisting of a large number of the king’s friends and (...) companions. Using certain archaeological evidence, especially funerary remains, we seek to reflect the existence of this Epirote élite in material terms. The literary tradition bears witness to an interest in agriculture and livestock farming during Pyrrhus’ period, although the accounts handed down to us provide little detail. Once again, archaeology enables us to provide corroborating evidence. In this respect, we focus on the existence of a series of fortified rural residences distributed in irregular manner throughout Epirote territory, which are interpreted as being those of the members of this aristocratic élite, who used these fortified enclosures as centres of exploitation for their lands and as symbols of their power and prestige. As comparative points of reference that enable us to understand these processes, we provide various examples from neighbouring Macedonia, a kingdom with which Epirus maintained close links, especially as of the mid-fourth century B.C., which appears to be the period in which many of these new developments also began to emerge in Epirus, reaching their culmination during the reign of Pyrrhus. (shrink)

The fundamental principles of the classical utilitarian school characterize this trend as an administrative and legal criminology. This had two implications. On the one hand, the motives, and ultimate causes of the behavior and the unequal consequences of an arbitrary rule were ignored. On the other hand, the role of the judge was reduced to enforcing the law, while it was up to the judge to set a penalty for each offence. At the end of the nineteenth century, these principles (...) saw the gradual emergence of another punitive episteme that had emerged as a result of the colonization of the legal space by the positive sciences and etiological action programs. This was not a planned and pre-established course, but the confluence of a series of theories and programs for penal prevention that Michel Foucault summarized as the realization that the law was increasingly functioning as a norm. Now, criminality, besides being the object of scientific interest, also constitutes the indicator of a social problem and therefore its insertion in an economy of changing power. (shrink)

Studies of individuals under conditions of confinement or severe social and physical restrictions have consistently shown deleterious mental health effects but also high levels of adaptability when dealing with such conditions. Considering the role of physical activity and sport in psychological adaptation, this paper describes a longitudinal study to explore to what extent the imposed restrictions due to the outbreak of SARS-CoV-2 may have affected athletes’ mental health outcomes and how far the process of adaptation to confinement conditions is differentially (...) affected depending on whether the sports activity was practiced individually or in a group, and outdoors, indoors, or both. Two hundred and seventy-four athletes were assessed over 7 weeks using the GHQ-28 and an ad hoc survey exploring the practice of physical activity. A mixed-model fixed effects ANCOVA was used to analyze the effects of time, place, and company in which the sport was practiced, with an index of the amount of physical activity expended as a covariate. Results show a significant effect of time in three out of four of the GHQ-28 subscales, in all cases showing a consistent adaptation to conditions over time. Results also show that playing sport indoors, outdoors, or both, and practicing alone vs. with others differentially affect the somatic symptoms exhibited during confinement: Athletes who practiced sport with others showed higher levels of somatic symptoms at the beginning of the set of data but a quicker rate of adaptation. Differences arising from practicing sport alone or with others were more pronounced in the case of indoor sports, which could be related to the fact that physical activity that can be practiced during confinement is more similar to that practiced indoors alone. Implications relating to what sport psychologists and other health professionals may offer to athletes in stressful situations are discussed. (shrink)

This article attempts to show the importance of the concept of superstition in understanding a range of psychological problems. With this aim, we critically analyze several constructs that, without actually using the term “superstition,” concern this phenomenon and its role in the development of mental disorders. First we discuss “Thought–Action Fusion” and “magical thinking,” two concepts from the cognitive tradition that view superstition as basically an ideational phenomenon. Second, we look at “Experiential Avoidance,” a post-Skinnerian concept that understands superstition as (...) a type of avoidance behavior for certain private events. Third, we discuss superstition as an emotional phenomenon, in particular, Jean-Paul Sartre’s phenomenological analysis of emotions as magical operations. Finally, we review a cultural approach to superstition and its influence on psychopathology. In this perspective, superstition is seen as a cultural form linked to the historical–social context, which is fostered by certain social practices or institutions, including (perhaps surprisingly) certain features of modernity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Defending a Phenomenological–Behavioral Perspective: Culture, Behavior, and ExperienceMarino Pérez-Álvarez (bio), José M. García-Montes (bio), Adolfo J. Cangas (bio), and Louis A. Sass (bio)KeywordsBehavior, contextual phenomenology, culture, experienceWe should like to express our sincere thanks to all the authors for their commentaries on our articles. Given the restrictions of space (a limitation they too had to contend with), we can only respond to a few aspects of their interesting (...) remarks. We shall reply of course on the basis of our own approach—an approach that sets out to integrate culture, behavior, and experience, and that might be termed contextual phenomenology, phenomenological behaviorism, or perhaps most accurately (albeit more awkwardly), the phenomenological–behavioral perspective.In her commentary, Ibáñez-Guerra (2008), referring to the target articles “Phenomenology and behaviorism” (Pérez-Álvarez, Sass, and Cangas 2008) and “The role of superstition in psychopathology” (García-Montes et al. 2008), wonders whether our maintaining of the spirit of Skinner, as well as our recourse to phenomenology, might not themselves represent forms of superstitious behavior. She points out that it is not always a good idea to put new wine in old barrels. For her, the new wine and new barrels would be represented by social constructivism, of which she is reminded by some aspects of our work. But in making her own case, Ibáñez-Guerra (2008) reveals certain common prejudices concerning behaviorism, prejudices that have apparently persisted even after reading our article. Thus, for example, she does not see operant behavior as incorporating intentionality (what, in the target article, is presented in terms of final causality), because she assumes that intentionality would necessarily imply a mentalist and dualist notion involving a supposed internal mental entity that causes behavior. Skinner (1974) himself noted and rejected this very assumption in a passage that clearly distinguishes his own approach from what he calls a “stimulus-response formula”: “Possibly no charge,” he wrote,is more often leveled against behaviorism or a science of behavior than that it cannot deal with purpose or intention. A stimulus-response formula has no answer, but operant behavior is the very field of purpose and [End Page 281] intention. By its nature it is directed toward the future: a person acts in order that something will happen, and the order is temporal.(pp. 55–6)The place Skinner gives to intentionality and purpose is elaborated in our target article.Furthermore, Ibáñez-Guerra (2008) assumes that, on methodological grounds, Skinner rejects all that is not observable, or at least that cannot be operationalized. This, however, is simply incorrect, at least as regards Skinner’s radical behaviorism. As the reader may recall, radical (as opposed to methodological) behaviorism is neither operationalist nor does it reject private or subjective events because of their unobservability. Indeed, Skinner specifically acknowledges that such events are in fact observable—at least for one person: the subject him- or herself. The question for Skinner is to understand how the part of the world that is only observable and experiential for oneself is constructed or formed. In the end, it turns out that radical behaviorism is more radical, in the Aristotelian ontological sense (see Pérez-Alvarez, Sass, and García-Montes 2008), than post-modern constructionism. Indeed, as we remarked, radical behaviorism can still surprise us today. Similarly, phenomenology is starting to be missed in the clinical context (Andreasen 2007). We believe that radical behaviorism and phenomenology, mutually readjusted, are in fact excellent wines for the times we live in—if only we knew how to appreciate them.In their commentary on “Phenomenology and behaviorism: A mutual readjustment,” Fletcher and Hayes (2008) argue that the philosophy and theory of Acceptance and Commitment Therapy (ACT)/Relational Frame Theory (RFT) already contain the salutary aspects of phenomenology that we highlight in our target article. Their insistence on reducing the affinities we find between phenomenology and behaviorism to ACT/RFT consists, in our view, in a scientific–technical argument that is more scientistic than strictly philosophical in nature. Their insistence on the scientific–technical argument itself implies an unclarified philosophical assumption. On what grounds do experimental data constitute the last word? Has... (shrink)

This is a Political Economy study on migrants-citizens relations management in the United States of America, with special attention to the religious factor and the pendulum effect. There is a model switch, from integration policies to official persecution, under a high social opportunity cost. Also, there is a split between the State and civil society, causing civil disobedience and sanctuary network across the country. The paper focuses on the development of the Sanctuary Movement, as a case of popular action against (...) to the power elite policies and their sanctions. There was a revival of this movement during the values crisis or 2008 recession, but at the same time there was a critical division into the movement, with higher tension for the migrants. (shrink)

In this paper we present a semantic analysis of the application of didactic constructivism to chemical education. We show that the psychological basis of constructivism yield, when applied to chemistry, an internalist semantics for the chemical names. Since these names have been presented as typical examples of an externalism for kind terms, a fundamental incompatibility ensues. We study this situation, to conclude that it affects chemical education at every level. Finally, we present a preliminary analysis of this problem from the (...) point of view of physics. (shrink)

El Aprendizaje Basado en Proyectos (ABP), genera contextos integrados de enseñanza primando los procesos de aprendizaje competencial. El ABP favorece el desarrollo de habilidades cognitivas, lingüísticas y sociales del alumnado, fomentando la participación activa, la motivación y la creatividad. Sin embargo, la investigación sobre ABP adquiere matices diferenciales en su implementación en los diferentes niveles educativos. Este estudio descriptivo e inferencial analiza la investigación didáctica publicada, desde 2015 a 2022, siguiendo las directrices PRISMA. Los resultados obtenidos informan de una destacada (...) presencia española en las áreas de las Ciencias Naturales. Los resultados sugieren una mayor extensión curricular de esta metodología activa y su atención en la formación inicial del profesorado. (shrink)

Los canales de YouTube, Alanna y WITCHYSOFFIE, enseñan al espectador sobre hechicería y tradiciones paganas. Estas se oponen a la estigmatización, el tótem patriarcal y los tabúes religiosos generados por la Inquisición los cuales aún son mantenidos por una parte de la sociedad actual. La magia de varios grupos wiccanos se encamina hacia la espiritualidad y alabanza de un Dios creador, algo semejante con la filosofía católica. De igual forma, su estudio por la naturaleza y su aplicación en rituales se (...) enfocan en el autoconocimiento y la conexión con el universo. Los factores como la globalización y modernización actúan de manera crucial en las impresiones colectivas que se tiene sobre la brujería. (shrink)

Conviene subrayar en la época de la ciencia, cuando las prácticas más aberrantes y las especulaciones más desaforadas compiten por arrogarse el título de ciencias, que la filosofía no es una ciencia, ni necesita serlo para ejercer sus funciones críticas. No obstante, mantiene una relación íntima y constante con las ciencias desde sus orígenes hasta nuestros días (relación histórica), utiliza el mismo instrumento metodológico, la razón crítica (relación metódica) y recorre el mismo ámbito de la experiencia cognoscitiva humana (relación sistemática). (...) En ese sentido, la filosofía no se arredra ante el discurso postmoderno de la deslegitimación —Lyotard, Baudrillard, Vattimo, etc.—. Aunque las soluciones filosóficas son legitimadoras, no se reducen a mera ideología, ni tecnocrática ni progresista. (shrink)

Background:Stress can frequently occur in the driving context. Its cognitive effects can be deleterious and lead to uncomfortable or risky situations. While stress detection in this context is well developed, regulation using dedicated advanced driver-assistance systems (ADAS) is still emergent.Objectives:This systematic review focuses on stress regulation strategies that can be qualified as “subtle” or “mindless”: the technology employed to perform regulation does not interfere with an ongoing task. The review goal is 2-fold: establishing the state of the art on such (...) technological implementation in the driving context and identifying complementary technologies relying on subtle regulation that could be applied in driving.Methods:A systematic review was conducted using search operators previously identified through a concept analysis. The patents and scientific studies selected provide an overview of actual and potential mindless technology implementations. These are then analyzed from a scientific perspective. A classification of results was performed according to the different stages of emotion regulation proposed by the Gross model.Results:A total of 47 publications were retrieved, including 21 patents and 26 studies. Six of the studies investigated mindless stress regulation in the driving context. Patents implemented strategies mostly linked to attentional deployment, while studies tended to investigate response modulation strategies.Conclusions:This review allowed us to identify several ADAS relying on mindless computing technologies to reduce stress and better understand the underlying mechanisms allowing stress reduction. Further studies are necessary to better grasp the effect of mindless technologies on driving safety. However, we have established the feasibility of their implementation as ADAS and proposed directions for future research in this field. (shrink)

This study aimed to analyze the levels of personal aggression and victimization, ethnic-cultural aggression and victimization, self-esteem, empathy, social skills and gender in adolescents as potential predictors of bullying in Spain and Ecuador. The wide pluricultural sample comprised Secondary Education students from both countries (N = 25190, average age = 13.92, SD = 1.306; NSpain = 14437; NEcuador = 10753), who took part in the study by filling in a self-report. The results revealed that predictive models of bullying for both (...) countries explain 50-70% of variance. A transnational predictive pattern of personal victimization can be observed based on the levels of ethnic-cultural victimization, ethnic-cultural aggression, personal aggression, self-deprecation and affective empathy. A transnational predictive pattern of personal aggression is evidenced depending on the levels of ethnic-cultural aggression, personal victimization, self-deprecation, ethnic-cultural victimization and the fact of being female. We concluded that bullying can largely be predicted by involvement in ethnic-cultural discrimination. These results are discussed, and educational inferences are drawn for prevention. (shrink)

Alternatives to convenience sampling (CS) are needed for HIV/STI surveillance of most-at-risk populations in Latin America. We compared CS, time space sampling (TSS), and respondent driven sampling (RDS) for recruitment of men who have sex with men (MSM) and transgender women (TW) in Lima, Peru. During concurrent 60-day periods from June-August, 2011, we recruited MSM/TW for epidemiologic surveillance using CS, TSS, and RDS. A total of 748 participants were recruited through CS, 233 through TSS, and 127 through RDS. The TSS (...) sample included the largest proportion of TW (30.7 %) and the lowest percentage of subjects who had previously participated in HIV/STI research (14.9 %). The prevalence of newly diagnosed HIV infection, according to participants' self-reported previous HIV diagnosis, was highest among TSS recruits (17.9 %) compared with RDS (12.6 %) and CS (10.2 %). TSS identified diverse populations of MSM/TW with higher prevalences of HIV/STIs not accessed by other methods. (shrink)

This two country study examines the effect of corporate ethical values and enforcement of a code of ethics on perceptions of the role of ethics in the overall success of the firm. Additionally, the impact of organizational commitment and of individual variables such as ethical idealism and relativism was examined. The rationale for examining the perceived importance of the role of ethics in this manner is to determine the extent to which the organization itself can influence employee perceptions regarding ethics (...) and social responsibility. Results indicate that all of the variables tested, except relativism, impacted upon one’s perceptions of the importance of ethics and social responsibility. Perceptions of the importance of ethics and social responsibility also varied depending upon country of residence with the U.S. sample having somewhat higher perceptions concerning the importance of ethics and social responsibility than their counterparts in Spain. Furthermore, when comparing the two samples, the U.S. sample had significantly higher corporate ethical values, greater enforcement of ethical codes, less organizational commitment and both lower idealism and relativism. (shrink)

This text focuses on the grounding of the legal and political structure of the modern state and starts from the Hobbesian conception of power as absolute and unlimited power. For their part, Spinoza and Bentham argue, against Hobbes, for the need to set certain limits to power, although they each based it on radically different grounds. Spinoza's political ontology makes it easy to carry out to the end what was permitted by a factual conception of power, which opens up the (...) possibility of thinking about power in a different way, namely, normatively. The difference between the utilitarian approach and that of Spinoza is his special conception of natural law, which leads him to maintain that it can only be defended where men have rights in common, that is, where there is civil order, making the preservation of our being the justification and limit of the institutionalization of the civil order. Bentham, however, remains true to his empiricist conception and a prisoner of its shortcomings, so that he cannot conceive of the limit of power except as self-limitation. The reason is that he does not have a sufficiently consistent concept of natural rights. Bentham's conception of them as “nonsense upon stilts” makes it impossible. (shrink)

This article presents the results of a cross-cultural study that examines the relationship between spirituality and a consumer’s ethical predisposition, and further examines the relationship between the internalization of one’s moral identity and a consumer’s ethical predisposition. Finally, the moderating impact of cultural factors on the above relationships is tested using Hofstede’s five dimensions. Data were gathered from young adult, well-educated consumers in five different countries, namely the U.S., France, Spain, India, and Egypt. The results indicate that the more spiritual (...) an individual consumer is, the more likely that consumer is to be ethically predisposed. Furthermore, the stronger one’s internalization of a moral identity, the more likely one is to be ethically predisposed. These two relationships are further moderated by Hofstede’s cultural factors such as the degree of collectivism versus individualism in the culture. However, the strength and direction of the moderation may vary depending upon the specific Hofstede dimension. (shrink)