Proceeding from the insights of Petrażycki, Polish-Russian legal realists distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value-free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value-laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources as binding, while legal policy evaluates the effects produced by given NSs based on causal (...) laws and on the subject's goals. PRRs then conceptualize custom as a representation of people behaving in a certain way : We have a custom on the threefold condition that Rc is believed true by a given X, Rc causes the existence of a given normative psychical experience in X, and X expressly refers to—or would refer—to Rc in justifying an NPE. PRRs use the term customary law to refer to legal experiences caused and justified by an Rc. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is whether the dogmatician—qua subject—adopts custom as a binding NS, whether it is true that people behave in a given way bw, and whether bw resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal-political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence. (shrink)

Proceeding from the insights of Petrażycki, Polish-Russian legal realists distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value-free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value-laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources as binding, while legal policy evaluates the effects produced by given NSs based on causal (...) laws and on the subject's goals. PRRs then conceptualize custom as a representation of people behaving in a certain way : We have a custom on the threefold condition that Rc is believed true by a given X, Rc causes the existence of a given normative psychical experience in X, and X expressly refers to—or would refer—to Rc in justifying an NPE. PRRs use the term customary law to refer to legal experiences caused and justified by an Rc. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is whether the dogmatician—qua subject—adopts custom as a binding NS, whether it is true that people behave in a given way bw, and whether bw resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal-political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence. (shrink)

The paper investigates the video game discourse of the Russian state media from 2011 to 2015. Critical discourse analysis serves as a methodological framework for this work, and Foucault’s power/knowledge model is used to explain the logic behind the «grotesque discourses». In the Russian press, video games are described as an instance of inculcation, provoking overintense emotions and forcing individuals to commit symbolic acts impossible from the standpoint of “normal” pedagogy. The paper problematizes the mythologization of violence in video games (...) and identifies the main tropes used to establish the connection between video games and violence (murders) as “natural” and “obvious”. Particular attention is paid to the publications of Aleksandr Minkin, a reporter at “Moskovskij Komsomolets” (“Moscow Komsomol Member”) and one of the most prominent critics of video games, as well as to the media coverage of the first school shooting in Russia (shooting at school № 263 in 2014). It is shown that video games are used in the media discourse as an explanatory principle that allows a shift from the crime to the criminal, to those acts which reveal moral depravity or psychological disorder, and those circumstances which foster criminalism. Pointing to the games helps restore the “normal” connection between social and moral qualities, explaining the crime committed by an honours student from a “good family” as being the result of the depictions of violence in video games affecting the child’s psyche. Video games are also described as a factor in shaping the “digital generation” or “generation of gamers” — odd and politically dangerous. The dangers that games create for both gamers and society in general (the non-distinction between the “real” and the “virtual”, the illusion of a “possible restart”) allow the journalists and experts to insist on strengthening measures of supervision and protection, and expanding legal and medical control. (shrink)

A pesquisa “Formação do leitor: o processo de mediação do docente” enfoca práticas mediadoras de leitura do texto literário, em ambiente escolar, nas séries iniciais do Ensino Fundamental. Inicialmente buscou-se investigar as práticas de leitura literária desenvolvidas em turmas de 3ª série e na biblioteca escolar de escolas localizadas em Caxias do Sul. As ações desenvolvidas são restritas e ante o quadro, o projeto organiza propostas de leitura literária a partir de diversos gêneros literários. O subprojeto “Leitura e mediação do (...) conto popular” focaliza o conto popular como gênero presente na formação do leitor literário, uma vez que a análise do corpus coletado aponta que há falhas na abordagem dessa narrativa. Provavelmente isso ocorre pela falta de clareza sobre as qualidades que conferem a uma obra o estatuto de literatura. Também se nota a predominância de concepções estruturalistas de leitura na prática docente, produzindo leituras autoritárias, que prevalecem sobre práticas mediadoras. Para estudar a natureza do conto popular, buscas e apoio em Jolles (1976), Jesualdo (1982), Cascudo (1998, 2002) e Azevedo (2008a, 2008b). A partir da análise do conto e dos dados coletados, constroem-se princípios e estratégias para a mediação de leitura do texto literário infantil, utilizando estudos de Saraiva (2001) e Saraiva e Mügge (2006). Esse referencial embasa a elaboração de roteiros de leitura para obras literárias infantis, entre elas A lenda do guaraná: mito dos índios sateré-maué, de Fittipaldi, objeto de estudo dessa proposta de trabalho. Acredita-se que a apresentação de propostas de leitura literária contribua para a formação continuada do docente, para qualificar a interação entre objeto de leitura e leitor iniciante. (shrink)

The target articles in this special section shed new light on the old question whether and how emotions influence action. However, what is missing is a straightforward motivational analysis—considering what we have learned from the science of explaining the “why” and “how” of behavior. I posit that emotions can influence the motivation process and thus action by fulfilling at least three functions: First, being grounded in needs, experienced emotions can function as strong need-like motivational states. Second, anticipated emotions can function (...) as incentives and justify action. Third, emotions can inform about progress in goal pursuit permitting behavior calibration. In summary, there is little doubt that emotions influence action. They can do so because they are hypo-phenomena of motivation. (shrink)

The archive produces a linear time that reaches towards ‘what could be’ by asserting ‘what has been’, providing us reassurance of our existence through the assertion of a reliably past past. But the Anthropocene is an era of uncontained material ramifications, where the past juts into the future and temporality warps as change accelerates unexpectedly. As an ecological and geologic epoch, documentation of the Anthropocene inherently has a relationship to natural history museums and archives. These institutions, however, troublingly rest on (...) what Elaine Graham calls ‘ontological hygiene’ – the separateness of the human subject from ‘nature’. The Anthropocene however, challenges the western post-Enlightenment binary of man vs. nature, as it (supposedly) naturalizes humans into an earth systems force. As such, documentation of this epoch might resist ontological sanitation. This article outlines an artistic research practice to create artefacts of the Anthropocene – one that invites material idiosyncrasies, objects-in-becoming, ephemerality, and decay. I suggest that artistic ‘anarchices’ prioritize process over objects, and resist linear and static representation in lieu of material, embodied and sensory artefacts. These include relational encounters with waste materials, reworked forms of ‘geology’, edible artefacts and multimedia works at landfills and feral sites. The anarchives are interpolated by a rejection of hegemonic logic, positivism and ‘objective’ truths about environmental phenomena; Situated, ambiguous and material knowledges are inwrought into the so-called Anthropocene (and any alternatives to this term). By focusing on waste as an analytical category, I explore some of the ontological breakdowns present in the Anthropocene and question how to unorder systems and disturb materiality. (shrink)

In some young children brought by their parents for diagnosis of acute life-threatening events investigations suggested imposed apnoea as the cause rather than spontaneous occurrence. Covert video surveillance of the cot in which the baby was monitored allowed confirmation or rebuttal of this diagnosis. That parents were not informed of the video recording was essential for diagnosis and we assert ethically justifiable as the child was the patient to whom a predominant duty of care was owed. The procedure also avoids (...) the risk of separation of child from parent on inadequate information. (shrink)

The line of thought from which contemporary Social Science has come forth was occupied with problems of public policy in a way which has since become very much less prominent in the work of social scientists. The classic figures of social thought —Aristotle, Plato, Adam Smith, Montesquieu, Jeremy Bentham, James and John Stuart Mill, Ricardo, Hobbes and Locke, Burke, Machiavelli and Hegel—were all involved in the consideration of the fundmental problems of policy from the point of view of the man (...) who had to exercise power and to make practical decisions. Even where they themselves lived in remoteness from practical affairs the clarification of the standards for the judgment and guidance of public policy was always close to the centre of their attention. The politician's problems, reduced to fundamentals, were their problems. The problem of maintaining order through the prince's exercise of power was the point of departure of classical political philosophy; it was extended by modern liberalism to the maintenance of liberty in a framework of order. Political philosophy was regarded by those who professed it, as a means of enlightening rulers—and citizens—as to the right ends and the approximate means. The great ancestor of modern empirical social research, Sir William Petty, who regarded his task as the quantitative matter-of-fact description of what existed, viewed his problem as set by the prince's need to safeguard and maximise his power. Early economic theory accepted the same task. Even after mercantalism gave way to liberalism, economic theory was still intended to be a guide to policy. (shrink)

Control of wild animals may give rise to controversy, as is seen in the case of badger control to manage TB in cattle in the UK. However, it is striking that concerns about the potential suffering of the affected animals themselves are often given little attention or completely ignored in policies aimed at dealing with wild animals. McCulloch and Reiss argue that this could be remedied by means of a “mandatory application of formal and systematic Animal Welfare Impact Assessment ”. (...) Optimistically, they consider that an AWIA could help to resolve controversies involving wild animals. The aim of this paper is to evaluate the potential of AWIA. We begin by showing how ideas akin to AWIA already play a significant role in other animal ethics controversies, particularly those concerning laboratory animal use and livestock production; and we bring in lessons learnt from these controversies. Then we comment on the suggested development and application of AWIA in the case of badger control. Finally, we discuss the prospects of applying AWIA to other sorts of wild animal controversy. We argue that the AIWA, as developed by McCulloch and Reiss, relies on several dubious premises, including that killing is a welfare issue. Furthermore, we argue that AWIA is unlikely to prevent serious moral disagreements over how to weigh concerns about wild animals against priorities in human health, the health of domestic and farm animals, and biodiversity, but that it may nonetheless serve to limit harms imposed on the wild animals. (shrink)

The risk and crisis communication process in public health emergencies (PHERCC, public health emergency risk and crisis communication) matrix, as proposed by Spitale, Germani, and Biller-Andorno (2...

The selections contained in these volumes from the papers and letters of Leibniz are intended to serve the student in two ways: first, by providing a more adequate and balanced conception of the full range and penetration of Leibniz's creative intellectual powers; second, by inviting a fresher approach to his intellectual growth and a clearer perception of the internal strains in his thinking, through a chronological arrangement. Much confusion has arisen in the past through a neglect of the develop ment (...) of Leibniz's ideas, and Couturat's impressive plea, in his edition of the Opuscu/es et fragments (p. xii), for such an arrangement is valid even for incomplete editions. The beginning student will do well, however, to read the maturer writings of Parts II, III, and IV first, leaving Part I, from a period too largely neglected by Leibniz criticism, for a later study of the still obscure sources and motives of his thought. The Introduction aims primarily to provide cultural orientation and an exposition of the structure and the underlying assumptions of the philosophical system rather than a critical evaluation. I hope that together with the notes and the Index, it will provide those aids to the understanding which the originality of Leibniz's scientific, ethical, and metaphysical efforts deserve. (shrink)

When the editor invites comment on a response to an analysis of a criticism of a protocol already defended by the author in this journal, the issue is clearly contentious. I will comment briefly on Thomas's paper in this issue of the journal, and look at points of agreement as well as dissent.

The authors of this volume elucidate the remarkable role played by religion in the shaping and reshaping of narrative forms in antiquity and late antiquity in a variety of ways. This is particularly evident in ancient Jewish and Christian narrative, which is in the focus of most of the contributions, but also in some “pagan” novels such as that of Heliodorus, which is dealt with as well in the third part of the volume, both in an illuminating comparison with Christian (...) novels and in an inspiring rethinking of Heliodorus's relation to Neoplatonism. All of these essays, from different perspectives, illuminate the interplay between narrative and religion, and show how religious concerns and agendas shaped narrative forms in Judaism and early Christianity. A series of compelling and innovative articles, all based on fresh and often groundbreaking research by eminent specialists, is divided into three large sections: part one deals with ancient Jewish narrative, and part two with ancient Christian narrative, in particular gospels, acts, biographies, and martyrdoms, while part three offers a comparison with “pagan” narrative, and especially the religious novel of Heliodorus, both in terms of social perspectives and in terms of philosophical and religious agendas. Like the essays collected by Marília Futre Pinheiro, Judith Perkins, and Richard Pervo in 2013, which investigate the core role played by narratives in Christian and Jewish self-fashioning in the Roman Empire, the present volume fruitfully bridges the disciplinary gap between classical studies and ancient Jewish and Christian studies, offers new insights, and hopefully opens up new paths of inquiry. Contributions by (in alphabetical order): Cathryn Chew, Mark J. Edwards, Erich Gruen, Vincent Hunink, David Konstan, Karen King, Dennis MacDonald, Laura S. Nasrallah, Judith Perkins, Richard Pervo, Ilaria Ramelli, Lautaro Roig Lanzillotta, Svetla Slaveva-Griffin, and Lawrence Wills. (shrink)

This book traces the intellectual revolution initiated by Thales in the sixth century BC to its culmination in the metaphysics of Parmenides.