In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis (...) of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

It is becoming increasingly clear that repetitive DNA is of biological significance as well as experimental importance. Here we review the information available about one type of repetitive DNA, the trinucleotide repeat (CAC)n, and briefly compare it with other trinucleotide repeats. Although much work has been done in analysing DNA fingerprinting patterns produced using the synthetic oligonucleotide (CAC)5 as a probe, there is relatively little information about individual (CAC)n‐containing sequences and their abundance, organisation and distribution in mammalian DNA. From the (...) data that is available, it is clear that there are at least two areas that should repay further study: (1) the organisation and generation of long sequences that contain (CAC)n motifs as part of a larger repeating unit (minisatellites) and (2) the distribution of small (CAC)n sequences (microsatellites), in particular their relationship to genes. (shrink)

El concepto de dificultad contramayoritaria, aplicado al control de constitucionalidad, describe el problema de justificar que un tribunal declare inválida (inconstitucional) una ley, votada por los representantes de una mayoría de los ciudadanos. ¿Es esto legítimo? En el presente trabajo, analizamos un problema similar respecto a las burocracias públicas, relativamente menos discutido hasta ahora: ¿puede la burocracia pública tomar decisiones que considera justificadas, o tiene que limitarse a implementar las directivas del poder político en todos los casos? El debate se (...) ha planteado con intensidad en México, durante los últimos años, pero afecta a la configuración institucional de otros países en América Latina. (shrink)

Cet ouvrage met en valeur la contribution que la philosophie de Malebranche a donnée au développement des Lumières. En effet, la richesse de la réflexion de l'oratorien a alimenté des courants de pensée différents, voire opposés, tels le matérialisme et le spiritualisme, le déisme et l'athéisme, le scepticisme et l'empirisme. En outre, l'auteur de la Recherche de la vérité a joué un rôle crucial dans certains processus capitaux de l'époque moderne, dont la transformation de la métaphysique en théorie de la (...) connaissance. Le concept de réception comme phénomène complexe qui dirige ce travail rend enfin raison de l'attention portée aux croisements de la postérité de Malebranche et de celle d'autres auteurs."--Page 4 of cover. (shrink)

Companies that are serious about corporate governance and business ethics are turning their attention to gender diversity at the most senior levels of business . Board gender diversity has been the subject of several studies carried out by international organizations such as Catalyst , the World Economic Forum , and the European Board Diversity Analysis . They all lead to reports confirming the overall relatively low proportion of women on boards and the slow pace at which more women are being (...) appointed. Furthermore, the proportion of women on corporate boards varies much across countries. Based on institutional theory, this study hypothesizes and tests whether this variation can be attributed to differences in cultural settings across countries. Our analysis of the representation of women on boards for 32 countries during 2010 reveals that two cultural characteristics are indeed associated with the observed differences. We use the cultural dimensions proposed by Hofstede to measure this construct. Results show that countries which have the greatest tolerance for inequalities in the distribution of power and those that tend to value the role of men generally exhibit lower representations of women on boards. (shrink)

The first studies that sought to establish two-way communication between humans and great apes led to important findings but were nevertheless heavily criticized for their training methods, testing procedures, and claims. More recently, hundreds of pet owners around the world have begun training domesticated animals to use Augmentative Interspecies Communication (AIC) soundboard devices, contributing to the first ever large-scale study on interspecies communication. Here, we introduce our scientific approach to our global citizen science project, where we will investigate how dogs (...) and cats use AIC devices, building an incremental research program starting from their associative learning of buttons to determining how AIC device use might impact their welfare and their capacity for symbolic representation. We discuss how our multi-faceted approach can alleviate many of the concerns regarding the original studies performed with apes, achieving larger sample sizes, ample documentation of training techniques, and testing animals’ performance in controlled experimental settings. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

O presente artigo apresenta um relato de experiência das ações extensionistas promovidas no ano de 2021 pelo Núcleo de Estudos Afro-brasileiros e Indígenas (NEABI) do Campus Ibirama da Instituto Federal Catarinense. Devido ao contexto de pandemia de COVID-19, que perdurou durante quase todo o ano letivo de 2021, as atividades do Núcleo precisaram ser adaptadas para que ocorressem em ambientes virtuais. Apesar desta adequação forçada, que limitou em grande medida a diversidade das ações, foi possível identificar tanto o promissor potencial (...) do NEABI quanto os desafios a serem superados para que a temática étnico-racial seja definitivamente incluída nos espaços institucionais e passe a fazer parte do cotidiano da comunidade escolar. (shrink)

Stigma against mental disability within the medical field continues to impose significant barriers on physicians and trainees. Here, we examine several implications of this stigma and propose steps toward greater inclusion of persons with mental disabilities in the physician workforce.

Previous studies show that medical students in clinical training face ethical problems that are not often discussed in the literature. In order to make teaching timely and relevant for them, it is important to understand what medical students perceive as ethical problems, as various factors may influence their perception, including cultural differences and working environment. The purpose of this qualitative study was to explore students’ perceptions of what an ethical problem is, during their clinical training in the hospital, and compare (...) the results from two different countries. We observed a total of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools, in Indonesia and the Netherlands. Data were interpreted and analyzed using content analysis. We found that students in both settings encounter problems which are closer to their daily work and responsibilities as medical students and perceive these problems as ethical problems. Indonesian students perceived substandard care and inequity in healthcare as ethical problems, while Dutch students perceived that cases which are not matters of life and death are less worthy to discuss. Our study suggests that there might be a gap between ethical problems that are discussed in class with teachers, and problems that students actually encounter in practice. Teachers should be aware of the everyday situations in clinical training which may be perceived by students as ethically problematic and should acknowledge and discuss these ethical problems with students as part of the learning processes in ethics education. (shrink)

In this paper I shall address the connections between Deleuze and Guattari’s philosophy and Caribbean thought. However, I will only focus on Antonio Benítez Rojo’s essay The Repeating Island, since I have found in it the presence—or expression—of some key deleuzian and deleuzo-guattarian concepts. I will use the deleuzian concept of repetition to defend this stance, as well as to argue that one may find some of the most interesting readings of Deleuze’s texts in the work of Caribbean authors such (...) as Benítez Rojo, not only in spite of their relative understanding and lack of exegetical rigour, but rather thanks to the fact that this is, in no case, their main intention. The angle I have chosen does not intend to point out consistencies or inconsistencies in Benítez Rojo’s “appropriations” or “rewritings” of Deleuze and Guattari, for this would only keep us within the logic of the copy versus the original. Instead, this reading tries to destabilize the boundaries between philosophy and literature as well as between French and Caribbean thought. The undoing of these types of distinction intends to produce a new theatre of thought, a theatre of repetition, not of representation, in order to set up the scene for a contrapunteo between two images of thought: one deleuzian, the other Caribbean. Thus, we embark upon this journey hoping to have an encounter that promises yet another becoming to Deleuze’s philosophy. The angle I have chosen does not intend to point out consistencies or inconsistencies in Benitez Rojo’s “appropriations” or “re-writings” of Deleuze-Guattari, for this would only keep us within the logic of the copy versus the original. Instead, this reading tries to destabilize the boundaries between philosophy and literature as well as between French and Caribbean thought. The undoing of these types of distinction intends to produce a new theatre of thought, a theatre of repetition not of representation in order to set up the scene for a contrapunteo between two images of thought: one deleuzian, the other Caribbean. Thus, we embark on this journey hoping to have an encounter that promises yet another becoming of Deleuze’s philosophy. (shrink)

L’articolo intende approfondire la questione del Medioevo come luogo di narrazioni a partire dal romanzo di Louis De Wohl dedicato ad Agostino d’Ippona, _Una fiamma inestinguibile _ e dal tema della retorica. Il tema della retorica, come una delle dimensioni possibili in cui rappresentare la storia, dà vita sia a una peculiare narrazione _descrittiva_ del Medioevo, plurale e variegata, sia a una narrazione _creatrice_ della storia stessa, dal momento che la potenza della parola di Agostino viene colta nella sua capacità (...) di incidere e trasformare la storia stessa. Il contributo si conclude con l’analisi di alcuni tratti salienti di altri romanzi di ambientazione medievale di De Wohl, su Francesco d’Assisi e su Tommaso d’Aquino, per osservarne la peculiare rappresentazione di Medioevo che a tratti sembra andare oltre agli schemi storiografici degli anni in cui sono scritti. _The article intends to explore the question of the Middle Ages as a place of narrations starting from Louis De Wohl’s novel about Augustine of Hippo, _The Restless Flame_ and the theme of rhetoric. The subject of rhetoric, as one of the possible dimensions in which to represent history, gives rise both to a peculiar _descriptive_ narrative of the Middle Ages, plural and variegated, and to a narration that _creates_ history itself, since the power of Augustine’s word is captured in its ability to affect and transform history itself. The paper concludes with an analysis of some salient features of other medieval novels by De Wohl, on Francis of Assisi and Thomas Aquinas, in order to observe the peculiar representation of the Middle Ages that emerges, which at times seems to go beyond the historiographic schemes of the years in which they were written_. (shrink)

The essay outlines the debate around the question on the existence of Medieval Aesthetics starting from the publication of Arte e bellezza nell’estetica medievale by Umberto Eco. Since the last decade of the 20th century, the question on Medieval Aesthetics receives a particular attention from a methodological point of view also because it is close to different disciplines as History, History of Art, Aesthetics and History of Philosophy. A renewed interest in the image theme, in History and History of Art, (...) permits to study the pre-modern period without using anachronistic categories like that of “Art”. In the field of Aesthetics scholars rethink how to approach the question about its history. In this context, History of Philosophy reviews its own categories asking how it is possible to talk about thematic objects that traditionally belong to Aesthetics. (shrink)

Este articulo se sitúa en el punto de cruce entre spinozismo y feminismo. Retomando aspectos de la filosofia de Spinoza presentes en la lectura de Moira Gatens, se establecerá un entramado de conexiones entre las nociones de cuerpo y potencia, cuerpos e imaginarios, cuerpos sexuados y cuerpo politico, potencia y creación. The topic developed herein locates in the point where Spinozism and feminism cross over. Based on some aspects of Spinoza's thought as pointed out by Moira Gatens' reading, a lattice (...) of connections will be built based on the notion pairs: body and power, bodies and imageries, sexed bodies and political body, power and creation. (shrink)

The paper proposes a theoretical analysis of A Pale View of Hills, using a psycho-literary approach to the themes of Japaneseness-Englishness, displacement, and the hybrid individual as they emerge from Kazuo Ishiguro’s novel. Etsuko’s pidgin identity results from the main character’s existential migration, which, in turn, stems from her experiencing and witnessing gender inequality, domestic abuse, and war trauma along with the gaping rift between generations. In line with Freud and Jung’s oneiric theories, the paper investigates Etsuko’s post-traumatic stress disorder (...) in order to explain why the protagonist fails to face the suicide of her elder daughter, Keiko, whose avoidant-insecure behaviour might have worsened after her forced uprooting and immigration to England. Although the middle-aged expatriate Etsuko is willing to find new motivation for living, based on the unusual habit of the subconscious to get used to repetitive traumas, her pidgin identity, impossible to recalibrate, may affect her ability to heal. (shrink)

A sizeable body of literature suggests that informal methods of dispute resolution — and, in particular, conciliation — flourish only in societies marked by extensive social hierarchy. Given this literature, it is quite surprising to discover that in the mid-nineteenth century, the United States embarked on an extensive debate regarding whether to adopt "conciliation courts," whose primary function was to reconcile the disputants by persuading them to embrace an equitable compromise. First created by the French Revolutionaries in 1790, conciliation courts (...) were widely established throughout continental Europe. Observing this development, leading American lawyers and politicians pondered seriously whether the United states ought to follow suit. Debate over whether to embrace such institutions occurred at the very highest of levels, and a series of states enacted constitutional provisions authorizing their legislatures to create conciliation courts. Ultimately, however, despite the widespread interest in such institutions, these were never established — except in the notable case of the Freedmen’s Bureau courts of the Reconstruction South. This Article explores this largely forgotten episode in American legal history. It examines why a nation that was radically egalitarian by standards of the time would seriously consider embracing an institution that we tend more commonly to associate with inegalitarian, strongly hierarchical societies — and why, after coming so close to adopting conciliation courts, it ultimately failed to do so. In the process, by situating the debate over conciliation courts in a broader social and legal context, the Article also excavates the origins of the modern, quintessentially American commitment to the virtues of formal, adversarial process. (shrink)

We reconstruct essential features of Lagrange’s theory of analytical functions by exhibiting its structure and basic assumptions, as well as its main shortcomings. We explain Lagrange’s notions of function and algebraic quantity, and we concentrate on power-series expansions, on the algorithm for derivative functions, and the remainder theorem—especially on the role this theorem has in solving geometric and mechanical problems. We thus aim to provide a better understanding of Enlightenment mathematics and to show that the foundations of mathematics did not, (...) for Lagrange, concern the solidity of its ultimate bases, but rather purity of method—the generality and internal organization of the discipline. (shrink)