Restrictive visitation policies produce inequities in healthcare that have meaningful consequences for patients’ health and well-being. There is a surplus of existing literature exploring the consequences of reduced visitation in the setting of pediatric patients lacking decision-making capacity, but relatively little scholarship addressing visitation restriction for less vulnerable adults possessing capacity. Here, we present the case of a patient who suffered serious complications of childbirth, during the delivery of her healthy newborn, leading to prolonged hospitalization. During her treatment course, she (...) was subsequently denied visitation with her newborn, who had been discharged from the hospital, and this had detrimental effects on her recovery. Hospital policies restricting visitation during the COVID-19 pandemic were intended to reduce the risk of disease exposure for both patients and staff, despite conflicting evidence demonstrating this benefit. In contrast, they often have negative effects on patient stress, mood, and physical recovery. The sequelae of this US-based case study argue the need for more holistic hospital visitation policies, placing a specific lens on adult patients receiving a visitation from their newborn children. (shrink)

Not long after matriculation—sometimes even before—medical students begin hearing the question, "So, what are you going into?" It can be heard as a colloquial version of a practical question, "To which type of residency are you planning to apply?" Some will evade the question, claiming, perhaps sincerely, to be fascinated by everything from radiology to geriatrics, open to all possible paths. Others will acknowledge that they enjoy or dread working with children, that they crave long-term relationships or bursts of adrenaline, (...) that they are drawn to the knife or sickened at the sight of blood. A smaller number will confess to having a clear vision of their futures, perhaps a desire to... (shrink)

Medical anthropologists have long recognized variation between cultures with regard to the locus of healing in different systems and traditions: that is, in some cultures, the human body is a “bounded physical unit” and healing is thus focused on the body alone. This perspective will be most familiar to Western health-care providers, and indeed, many providers do not imagine an alternative perspective. However, in many cultures, experiences of health, illness, disease, and healing are intricately connected with the social spheres. In (...) these contexts, healing practices and rituals may seek to address family dynamics, alter roles within a community, and resolve social rifts, and illness itself may be... (shrink)

Although parents are the default legal surrogate decision-makers for minor children in the U.S., shared decision making in a pluralistic society is often much more complicated, involving not just parents and pediatricians, but also grandparents, other relatives, and even community or religious elders. Parents may not only choose to involve others in their children’s healthcare decisions but choose to defer to another; such deference does not imply agreement with the decision being made and adds complexity when disagreements arise between surrogate (...) decision-makers for minor children and their physicians. I argue that clinicians and ethicists have a duty to consider voices marginalized by hierarchical structures, including but not limited to gender-based inequalities. This approach involves negotiating potential conflicts: between respecting differences of culture and religion, on one hand, and assuring that the wishes of those who are most invested in children’s lives are considered, on the other. (shrink)

The two cases presented here may at first seem very different: one patient was an adult, making autonomous decisions for herself and her fetus; the other was a child too young to meaningfully participate in the most significant decisions regarding his health. In both cases, healthcare professionals had to determine the extent to which the parents of a dying fetus or child should be permitted to make agonizing choices about how long to maintain hope and what that death will look (...) like; and in both, health professionals’ prognostications influenced their judgments about the patients’ best interests and whether they were candidates for certain interventions. While members of both healthcare teams questioned the patients’ and families’ ability to objectively consider the risks and benefits, the families were focused on the need to be able to live with the decisions made, regardless of outcome. Clinicians expressed unwillingness to perform physical actions they felt were more likely to promote harm and suffering than benefit, and experienced attendant moral distress in the face of conflicting values. In this regard, these cases are mirror images: only in the first case did the clinician, an obstetrician, have sufficient professional authority to refuse to perform the desired intervention. In the second case, the clinicians who expressed the most distress regarding the patient’s trajectory were the nurses, who largely lacked similar autonomy. Viewed together, these cases share a core question: What does paternalism look like in the contemporary era? (shrink)

Medicine is not merely a job that requires technical expertise, but a profession concerned with making the best decisions and recommendations with reference to, and in consultation with, the patient. This means that the skill set required for healthcare professionals in order to provide good care is a combination of scientific knowledge, technical aptitude, and affective qualities or virtues such as compassion and empathy.

This unique textbook utilizes an integrated, case-based approach to explore how the domains of bioethics, public health and the social sciences impact individual patients and populations. It provides a structured framework suitable for both educators (including course directors and others engaged in curricular design) and for medical and health professions students to use in classroom settings across a range of clinical areas and allied health professions and for independent study. The textbook opens with an introduction, describing the intersection of ethics (...) and public health in clinical practice and the six key themes that inform the book's core learning objectives, followed by a guide to using the book. It then presents 22 case studies that address a broad spectrum of patient populations, clinical settings, and disease pathologies. Each pair of cases shares a core concept in bioethics or public health, from community perspectives and end-of-life care to medical mistakes and stigma and marginalization. They engage learners in rigorous clinical and ethical reasoning by prompting readers to make choices based on available information and then providing additional information to challenge assumptions, simulating clinical decision-making. In addition to providing a unique, detailed clinical scenario, each case is presented in a consistent format, which includes learning objectives, questions and responses for self-directed learning, questions and responses for group discussion, references, and suggested further reading. All cases integrate the six themes of patient- and family-centered care; evidence-based practice; structural competency; biases in decision-making; cultural humility and awareness of the culture of medicine; and justice, social responsibility and advocacy. The final section discusses some challenges to evaluating courses and learning encounters that adopt the cases and includes a model framework for learner assessment. (shrink)

For many children with complex medical conditions, decisions regarding their goals of care lie in the zone of parental discretion. That is, clinicians appropriately recognize that in many cases whether to prioritize quantity of life or quality of life is a deeply personal, values-laden decision best made by those who are most deeply invested in the outcome. Once a family has committed to a goal, however, there may be new or ongoing conflict between parents and clinicians regarding the specific interventions (...) provided or not provided in support of that goal. To what extent is it ethically permissible for a seriously ill child’s surrogate decision makers to reject individual interventions that support their desired goal of care? This question might be best described thus: is pediatric healthcare “prix fixe,” in which clinicians help parents decide the best of one or more set combinations (“menus”) of interventions, or is it “à la carte,” in which parents are free to accept or reject each individual intervention? We argue that the concept of a “prix fixe” approach should be discussed with families early in the development of the clinical relationship, as an essential facet of shared decision making. (shrink)

Refusing treatment for potentially curable childhood cancers engenders much discussion and debate. I present a case in which the competent parents of a young Amish child with acute myeloid leukemia deferred authority for decision making to the child’s maternal grandfather, who was vocal in his opposition to treatment. I analyze three related concerns that distinguish this case from other accounts of refused treatment.First, I place deference to grandparents as decision makers in the context of surrogate decision making more generally.Second, the (...) maternal grandfather’s ardent refusal of treatment and his rationale appeared to be inconsistent with the beliefs expressed by other family members and by members of the same Amish community, leading members of the medical team to question whether refusal of treatment should be treated differently when it appears to be based on the idiosyncratic beliefs of an individual rather than on community-wide values.Third, the medical team perceived tension and dissension between the nonverbal behavior of some family members and the verbal statements made by the maternal grandfather, leading the team to question the parents’ true wishes and debate how to weigh nonverbal and indirect forms of communication.Finally, building upon the conclusions of these queries, I explore whether, if the child’s prognosis was less favorable or if he were to relapse later, the maternal grandfather should have been permitted to drive a decision to refuse further treatment. (shrink)

Os requisitos formais do ideal de Estado de direito respondem por alguns dos princípios mais caros ao liberalismo, a saber: a igualdade perante o direito, a segurança no usufruto dos direitos individuais e a previsibilidade na aplicação de sanções. A instituição do Estado no pensamento de Locke se dá exatamente em busca desses fins. Na linha de sua teoria política, o presente artigo pretende mostrar a necessidade da constituição de uma autoridade pública para que os requisitos formais do ideal de (...) Estado de direito possam ser cumpridos, bem como argumentar que a concepção libertária de Estado mínimo apresentada por Nozick é incapaz de satisfazê-los. (shrink)

Volume 20, Issue 10, October 2020, Page 85-87.

An eighteen‐year‐old with sickle cell disease was admitted to the pediatric hematology service at his local children's hospital for management of an acute pain crisis, one of many such admissions. He had a good relationship with his primary hematologist and primary nurse, but with other health care providers, there was evident friction. Sometimes, he was simply rude, rolling over and pretending to sleep in response to questions about his symptoms. When frustrated or convinced that his pain was not being addressed (...) appropriately, he was prone to yelling and cursing at his nurses. After members of the health care team complained, their supervisor decided to transfer the patient to an adult general medicine service. Reasons cited for the transition included the stressful work environment created by the patient's actions, his refusal to follow directives from staff (although he was generally adherent to treatment), and the hypothetical harm to other young patients who might witness his behavior. Was this a just outcome? Is it ever permissible to deny access to pediatric care to a patient whose best interests would be served by it? Can access be withheld for “bad” behavior, and can transfer of care be wielded as a punishment? (shrink)

Aqui se conta uma história de alguns segredos, tão antigos quanto algo entre 240 e 350 mil anos, revelados por uma misteriosa caverna. É uma história que ganha vida como um palimpsesto, sobrepondo-se à outra, narrada no documentário Caverna de Ossos, da série Explorando o Desconhecido. Impossível não ficar impactado por esse relato, pois levanta várias questões intrigantes sobre a evolução humana e sobre a própria definição de humano. Essa narrativa, mais do que pela razão formal e analítica, é conduzida (...) pela poética do tempo arcaico, ou seja, é levada pela emoção de vislumbrar raízes da natureza humana, tão distantes – pré-históricas – e pelo fascínio de muitas das indagações interdisciplinares postas aqui em evidência. É, em última análise, uma breve história de devaneio acerca do significado de ser humano. (shrink)

Em recente artigo, o ministro do STF Luís Roberto Barroso defendeu o exercício de um papel representativo pelo Poder Judiciário, como forma de dar voz a uma vontade da maioria não captada pelas regras de direito positivo devido às distorções dos mecanismos institucionais fundados no voto. O presente trabalho tem como objetivo investigar se essa reivindicação é compatível com a noção de Estado Democrático de Direito levando em consideração tanto a possibilidade de se aferir a vontade empírica da maioria à (...) parte dos mecanismos institucionais fundados no voto quanto a função do Judiciário nesse tipo de sociedade. Por fim, sugere a possibilidade de reconhecer um papel representativo ao Judiciário fundado naquilo que se pode argumentar ser o interesse dos cidadãos de um Estado Democrático de Direito enquanto tais. (shrink)

Procura-se identificar algumas das origens históricas do negacionismo, dando ênfase aos seus aspectos filosóficos. Apresenta-se uma revisão de alguns conceitos basilares como os de verdade e episteme, destacando o quanto foram importantes na História das Ideias e na Filosofia Ocidental. Analisa-se, ainda que de forma resumida, o aspecto social da questão, por meio da compreensão da mudança do sujeito e suas relações de trabalho ao longo da História, principalmente no período pós-industrial. Por fim, discute-se a práxis negacionista, destacando suas principais (...) influências filosóficas e consequências. (shrink)

As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...) wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)

Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (2011, (...) 2015), and myself (Caruso 2012, 2013, forthcoming). Critics, however, often complain that adopting such views would have dire consequences for ourselves, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in free will and basic desert moral responsibility would leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and undermine meaning in life. -/- In response, free will skeptics argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe (see, e.g., Pereboom 2001, 2014; Waller 2011, 2015; Caruso 2016, forthcoming). According to optimistic skeptics, prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. And although retributivism and severe punishment, such as the death penalty, would be ruled out, incapacitation and rehabilitation programs would still be justified (see Pereboom 2001, 2013, 2014; Levy 2012; Caruso 2016; Pereboom and Caruso, forthcoming). In this paper, I attempt to extend this general optimism about the practical implications of free will skepticism to the question of creativity. -/- In Section I, I spell out the question of creativity and explain why it’s relevant to the problem of free will. In Section II, I identify three different conceptions of creativity and explain the practical concerns critics have with free will skepticism. In Section III, I distinguish between three different conceptions of moral responsibility and argue that at least two of them are consistent with free will skepticism. I further contend that forward-looking accounts of moral responsibility, which are perfectly consistent with free will skepticism, can justify calling agents to account for immoral behavior as well as providing encouragement for creative activities since these are important for moral and creative formation and development. I conclude in Section IV by arguing that relinquishing belief in free will and basic desert would not mean the death of creativity or our sense of achievement since important and realistic conceptions of both remain in place. (shrink)

L'idea di relazionare la dimensionalità dello spazio ad una legge fisica, contenuta nel primo scritto di Kant "Pensieri sulla veridica estima delle forze vive", svela un modo di guardare i rapporti tra Fisica e Matematica così nuovo ed originale che potè essere sviluppato e compreso nella sua plenitudine soltanto nel secolo XX. Ci riferiamo qui ala prospettiva aperta da Ehrenfest nel suo "In what way does it become manifest in the fundamental laws of physics that space has three dimensions?". In (...) questo saggio si cerca di comprendere alcune delle radici fisiche, filosofiche e teologiche dell’approccio di Kant a questo problema, e la sua inserzione nel dibattito delle idee che sostengono la concezione meccanicista del Mondo. In primo luogo, si sottolinea che da una lettura attenta del suo Gedanken von der wahren Schätzung der lebendigen Kräfte si può concludere che - al contrario di quanto viene normalmente creduto - Kant non riuscì a dimostrare la sua congettura che la tridimensionalità dello spazio possa essere fondata sulla legge di gravitazione di Newton, secondo la quale la forza tra due corpi va come l'inverso del quadrato della distanza che li separa; in realtà, egli si limitò a giustificare la tridimensionalità della estensione. Dopo aver considerato la distinzione fra estensione e spazio, si fa notare che la catena logica della congettura del giovane Kant, presuppone la forza come concetto basilare, intrinseco alle sostanze. È mediante questa forza che si stabiliscono le relazioni tra le sostanze, le quali, a sua volta, creano l'ordine su cui viene basato il concetto di spazio. Si deve badare che la coerenza del suo argomento richiede, in ultima analisi, concepire la percezione, cioè, l'interazione fra le sostanze e l'anima, come risultato della medesima forza di lunga portata. Inoltre, si dimostra che l'argomento di Kant non poteva essere costrutto su una intelaiatura puramente newtoniana nel 1747. Infatti, egli costruì sua dimostrazione a partire da una concezione del mondo basata sul legato di Cartesio (soprattutto l'idea di um ordine cosmico) e Leibniz (l'esistenza di una forza che precede l'estensione e l'idea di spazio relativo) alla quale sovrappone, in modo ibrido, la legge di gravitazione di Newton. Si argomenta che questa scelta fu fortemente influenzata da alcune idee teologiche del Giovane Kant che divergono da quelle di Cartesio, Newton e Leibniz. Fu questo carattere ibrido del suo approccio che permise a Kant di trattare la questione della dimensionalità dello spazio come un problema di fisica, ma, che, allo stesso tempo, a causa delle sue limitazioni intrinsiche, portò Kant a provare appena la tridimensionalità della estensione. (shrink)

'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called (...) basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism. (shrink)

Shaun Nichols has recently argued that while the folk notion of free will is associated with error, a question still remains whether the concept of free will should be eliminated or preserved. He maintains that like other eliminativist arguments in philosophy, arguments that free will is an illusion seem to depend on substantive assumptions about reference. According to free will eliminativists, people have deeply mistaken beliefs about free will and this entails that free will does not exist. However, an alternative (...) reaction is that free will does exist, we just have some deeply mistaken beliefs about it. According to Nichols, all such debates boil down to whether or not the erroneous folk term in question successfully refers or not. Since Nichols adopts the view that reference is systematically ambiguous, he maintains that in some contexts it’s appropriate to take a restrictivist view about whether a term embedded in a false theory refers, while in other contexts it’s appropriate to take a liberal view about whether a token of the very same term refers. This, according to Nichols, affords the possibility of saying that the sentence “free will exists” is false in some contexts and true in others. In this paper I argue that even if we grant Nichols his pluralistic approach to reference, there is still good reason to prefer eliminativism to preservationism with regard to free will. My argument focuses on one important difference between the concept of “free will” and other theoretical terms embedded in false theories—i.e., the role that the phenomenology of free agency plays in reference fixing. (shrink)

In The Stubborn System of Moral Responsibility (2015), Bruce Waller sets out to explain why the belief in individual moral responsibility is so strong. He begins by pointing out that there is a strange disconnect between the strength of philosophical arguments in support of moral responsibility and the strength of philosophical belief in moral responsibility. While the many arguments in favor of moral responsibility are inventive, subtle, and fascinating, Waller points out that even the most ardent supporters of moral responsibility (...) acknowledge that the arguments in its favor are far from conclusive; and some of the least confident concerning the arguments for moral responsibility—such as Van Inwagen—are most confident of the truth of moral responsibility. Thus, argues Waller, whatever the verdict on the strength of philosophical arguments for moral responsibility, it is clear that belief in moral responsibility—whether among philosophers or the folk—is based on something other than philosophical reasons. -/- He goes on to argue that there are several sources for the strong belief in moral responsibility, but the following four are particularly influential: First, moral responsibility is based in a powerful “strike back” emotion that we share with other animals. Second, there is a deep-rooted “belief in a just world”—a belief that, according to Waller, most philosophers reject when they consciously consider it, but which has a deep nonconscious influence on what we regard as just treatment and which provides subtle (but mistaken) support for belief in moral responsibility. Third, there is a pervasive moral responsibility system—extending over criminal justice as well as “common sense”—that makes the truth of moral responsibility seem obvious, and makes challenges to moral responsibility seem incoherent. Finally, there is the enormous confidence we have in the power of reason, which mistakenly leads us to believe that our conscious, rational, and critically reflective selves are constantly guiding our behavior in accordance with our deep values. -/- In these comments, I would like to discuss the many points of agreement I have with Waller, providing along the way additional fuel for his skeptical fire (i.e., his moral responsibility skepticism and his skeptical analysis of the source of our strong belief in moral responsibility). I will also discuss, however, my one main point of disagreement—i.e., his desire to preserve the conception of free will. Waller believes free will can “flourish” in the absence of moral responsibility (see Ch.8), while I maintain they that the variety of free will that is of central philosophical and practical importance is the sort required for moral responsibility in a particular but pervasive sense. This sense of moral responsibility is set apart by the notion of basic desert and is purely backward-looking and non-consequentialist (see Pereboom 2001, 2014; Caruso and Morris, forthcoming). Understood this way, the sort of free will at issue in the historical debate is a kind of power or ability an agent must possess in order to justify certain kinds of desert-based judgments, attitudes, or treatments in response to decisions or actions that the agent performed or failed to perform. (shrink)

As questões de justiça não dizem respeito apenas à determinação dos critérios de igualdade que devem orientar as regras jurídicas, mas também afetam a própria legitimidade da escolha desses critérios. Em virtude das experiências trágicas vividas no século XX e da impossibilidade de estabelecer um mecanismo perfeito de escolha social, o debate recente sobre os critérios justos de igualdade deve ser contextualizado em uma discussão mais ampla que envolva também questões atinentes à legitimidade política e à estabilidade dos regimes democráticos (...) apesar do forte desacordo ocasionado pelo pluralismo. O presente trabalho tem como objetivo comparar as teorias políticas de Ronald Dworkin, Amartya Sen e John Rawls quanto ao modo como se posicionam frente ao desacordo político com respeito a quais seriam os critérios justos de igualdade a serem incorporados na legislação. Ao constatar funções distintas à teoria política conferidas pela abordagem de cada autor, busca-se verificar se essas são entre si incompatíveis ou complementares. Palvras-chave: Teoria política. Estado Democrático de Direito. Igualdade. Ideologia. Razão pública. (shrink)

Metascientific criteria used for explaining or constraining physical space dimensionality and their historical relationship to prevailing causal systems are discussed. The important contributions by Aristotle, Kant and Ehrenfest to the dimensionality of space problem are considered and shown to be grounded on different causal explanations: causa materialis for Aristotle, causa efficiens for young Kant and an ingenious combination of causa efficiens and causa formalis for Ehrenfest. The prominent and growing rôle played by causa formalis in modern physical approaches to this (...) problem is emphasized. (shrink)

A solução do problema educacional brasileiro passa, necessariamente, por duas etapas, que se resumem essencialmente na busca da revalorização do Saber. Independente de qualquer política ministerial, este é o compromisso maior que deveria brotar espontaneamente de toda a comunidade acadêmico-científica. As duas etapas a que nos referimos pouco dependem de verbas e são: a conscientização da responsabilidade e do papel de liderança que cabe a esta comunidade na busca desta solução; a sua capacidade de promover, nas Universidades, uma ampla e (...) profunda reestruturação dos currículos de Licenciatura. (shrink)

O direito público contemporâneo é pensado a partir do tratamento impessoal dos cidadãos por autoridades e funcionários que agem dentro da moldura jurídica que delimita sua competência e orienta a sua ação ao interesse público. Se a soberania for compreendida a partir do instituto da propriedade (dominium), a relação entre o Estado e o cidadão acaba por espelhar a forma da relação entre senhor e escravo, em que os súditos se encontram submetidos à vontade privada do soberano. Uma tal modalidade (...) patrimonial de Estado mostra-se incompatível com a caracterização do direito público moderno. Neste artigo, identificamos na obra de Jean Bodin o contraste entre, de um lado, o caráter público do exercício da soberania nos regimes legítimos e, de outro, a natureza patrimonial dos regimes despótico e tirânico. No pensamento de Thomas Hobbes, observamos a evolução de uma concepção meramente patrimonial da soberania presente em Elements of law e De cive para uma distinção formal entre a vontade privada e a vontade pública do soberano no Leviathan. Nossa conclusão é que ambos os autores acabam por fornecer, cada um à sua maneira, um aparato conceitual apto para lidar com as características do Estado moderno acima apontadas, cuja repercussão pode ser notada na Filosofia Política dos séculos subsequentes. (shrink)

Há um discurso teórico que denuncia a igualdade formal presente no ideal de Estado de Direito como um manto ideológico a serviço do conservadorismo. Por debaixo desse manto, as profundas desigualdades sociais e relações de opressão seriam legitimadas como se fossem simplesmente fruto da aplicação imparcial das regras jurídicas a que todos estariam igualmente submetidos. Embora essa crítica sirva quando direcionada ao modelo de Estado de Direito defendido por Hayek, que apresenta falsamente as regras oriundas dos costumes e dos precedentes (...) como isentas de posições políticas, ela não atinge da mesma maneira o modelo de Estado de Direito centrado na supremacia da legislação. Apesar de todas as limitações que podem ser reconhecidas no ideal de igualdade formal, a sua recusa parece antes permitir novas e mais graves formas de opressão do que as suprimir. (shrink)

Human languages typically employ a variety of spatial metaphors for time (e.g., “I'm looking forward to the weekend”). The metaphorical grounding of time in space is also evident in gesture. The gestures that are performed when talking about time bolster the view that people sometimes think about regions of time as if they were locations in space. However, almost nothing is known about the development of metaphorical gestures for time, despite keen interest in the origins of space–time metaphors. In this (...) study, we examined the gestures that English‐speaking 6‐to‐7‐year‐olds, 9‐to‐11‐year‐olds, 13‐to‐15‐year‐olds, and adults produced when talking about time. Participants were asked to explain the difference between pairs of temporal adverbs (e.g., “tomorrow” versus “yesterday”) and to use their hands while doing so. There was a gradual increase across age groups in the propensity to produce spatial metaphorical gestures when talking about time. However, even a substantial majority of 6‐to‐7‐year‐old children produced a spatial gesture on at least one occasion. Overall, participants produced fewer gestures in the sagittal (front‐back) axis than in the lateral (left‐right) axis, and this was particularly true for the youngest children and adolescents. Gestures that were incongruent with the prevailing norms of space–time mappings among English speakers (leftward and backward for past; rightward and forward for future) gradually decreased with increasing age. This was true for both the lateral and sagittal axis. This study highlights the importance of metaphoricity in children's understanding of time. It also suggests that, by 6 to 7 years of age, culturally determined representations of time have a strong influence on children's spatial metaphorical gestures. (shrink)

Emotional intelligence abilities relate to desirable outcomes such as better well-being, academic performance, and job performance. Previous research shows that coping strategies mediate the effects of ability EI on such outcomes. Across two cross-sectional studies, we show that coping strategies mediate the relationships of ability EI with both well-being and ill-being. Study 1 assessed EI with the Situational Test of Emotion Understanding and Situation Test of Emotion Management. Avoidant coping significantly mediated the relationship of both the STEU and STEM with (...) depression, anxiety, stress, and psychological well-being. EI was associated with lower avoidant coping, higher well-being and lower ill-being. Study 2 assessed EI with the Mayer–Salovey–Caruso Emotional Intelligence Test. Avoidant coping mediated the relationship between EI and ill-being, but not the relationship between EI and well-being. These effects were significant for three of the four EI branches—emotion perception, understanding, and management. We discuss possible reasons why avoidant coping may be an active ingredient by which lower EI relates to lower well-being. We also discuss a possible application of our findings—that EI training programs might benefit from including content aimed at reducing avoidant coping. (shrink)