Les Journées maliotes organisées à l'École française d'Athènes les 2 et 3 novembre 2007 portaient sur l'organisation des espaces et l'exploitation des ressources, thèmes qui permettaient d'unir les approches effectuées ces dernières années selon deux échelles différentes, celle de l'agglomération et de l'urbanisme d'une part, celle de l'organisation du territoire d'autre part. Les contributions portent toutes sur des recherches en cours, dont la publication est récente ou proche. Elles sont publiées ici sous forme de résumés argumentés et reflètent fidèlement les (...) discussions qui les suivirent. (shrink)

Objective of this text is to present some descriptive arguments in regard to the assertion that our affectivity constitutes is a socially structured reality. We start with the hypothesis according to which the affective life of the human being reaches its most specific goal through a process of constitution of desire in which my preferences are always defined according to the preferences of others. In order to demonstrate the conditioned character of our preferences, we shall consider ideas derived both from (...) the phenomenology of Michel Henry and Emmanuel Housset, but also from the mimetic anthropology developed by Paul Dumouchel in line with the anthropological thought of René Girard. We show that not only our own, but also the preferences of others are socially conditioned. The language of our affections belongs to the order of conditioned propositional acts, that is, of those who are not carriers of their own conditions of truth. Our emotional life is like an act of language, whose realization presupposes conditions that are no longer in the hands of the subject of the discourse. The text ends with a brief consideration of the ontological sense of the virtue of gratitude. (shrink)

Emmanuel Levinas (1906–1996) has exerted a profound influence on 20th-century continental philosophy. This anthology, including Levinas's key philosophical texts over a period of more than forty years, provides an ideal introduction to his thought and offers insights into his most innovative ideas. Five of the ten essays presented here appear in English for the first time. An introduction by Adriaan Peperzak outlines Levinas's philosophical development and the basic themes of his writings. Each essay is accompanied by a brief introduction and (...) notes. This collection is an ideal text for students of philosophy concerned with understanding and assessing the work of this major philosopher. (shrink)

This article puts forward solutions to some of the ethical and legal dilemmas posed in the current discussion on how to program crash algorithms in autonomous or self-driving cars. The first part of the paper defines the scope of the problem in the criminal legal field, and the next section gives a critical analysis of the proposal to always prioritise the interest of the occupant of the vehicle in situations with conflict of interests. The principle of minimizing social damage as (...) a model for configuring self-driving cars is examined in the third section. Despite its apparent plausibility, within the framework of a liberal legal system that recognises humans as free agents who have rights and responsibilities, maximizing the function of social utility does not justify harmful interference into a person’s legal sphere. Therefore, in the fourth part, the author argues the need to program the crash algorithms of autonomous cars based on a deontological understanding of the system of justifications in criminal law. The solution to the dilemma lies in a prior analysis of the legal positions of all agents involved in the conflict, from a perspective of the principles of autonomy and solidarity as the core of the system of justifications. (shrink)

The thirteen essays collected in this volume investigate the possibility that the word "God" can be understood now, at the end of the twentieth century, in a meaningful way. Nine of the essays appear in English translation for the first time. Among Levinas's writings, this volume distinguishes itself, both for students of his thought and for a wider audience, by the range of issues it addresses. Levinas not only rehearses the ethical themes that have led him to be regarded as (...) one of the most original thinkers working out of the phenomenological tradition, but he also takes up philosophical questions concerning politics, language, and religion. The volume situates his thought in a broader intellectual context than have his previous works. In these essays, alongside the detailed investigations of Husserl, Heidegger, Rosenzweig, and Buber that characterize all his writings, Levinas also addresses the thought of Kierkegaard, Marx, Bloch, and Derrida. Some essays provide lucid expositions not available elsewhere to key areas of Levinas's thought. "God and Philosophy" is perhaps the single most important text for understanding Levinas and is in many respects the best introduction to his works. "From Consciousness to Wakefulness" illuminates Levinas's relation to Husserl and thus to phenomenology, which is always his starting point, even if he never abides by the limits it imposes. In "The Thinking of Being and the Question of the Other," Levinas not only addresses Derrida's Speech and Phenomenon but also develops an answer to the later Heidegger's account of the history of Being by suggesting another way of reading that history. Among the other topics examined in the essays are the Marxist concept of ideology, death, hermeneutics, the concept of evil, the philosophy of dialogue, the relation of language to the Other, and the acts of communication and mutual understanding. (shrink)

Journal of Applied Philosophy, EarlyView.

Questão nos debates da doutrina e da jurisprudência, este livro trata da distinção entre princípios e regras. Para tanto, esmiúça os conceitos e os aspectos da garantia de sua aplicação e de sua efetividade.

Instead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty innovatively, holistically and in depth. Using a method at once analytical and functional, Professor Ávila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended. No subject is more important and topical (...) than legal certainty. Problems relating to lack of understanding, instability and unpredictability of law intensify day by day everywhere, in civil law and common law countries alike. Normative sources are increasingly diverse in origin and multiple in nature. They change constantly, and present increasingly frequent problems of ambiguity and vagueness that significantly hinder their comprehension. This state of affairs, which to a greater or lesser extent is true of any legal order, justifies a return to the subject of legal certainty. In this book, essential questions are answered such as: Legal certainty in what sense? Certainty of what, for whom, in whose vision and by whom? When, to what extent, and to what end? “ it is probably the most comprehensive and systematic study ever produced on this subject using the analytical method.”. (shrink)

In The Experience of Injustice, the French philosopher Emmanuel Renault opens an important new chapter in critical theory. He brings together political theory, critical social science, and a keen sense of the power of popular movements to offer a forceful vision of social justice. Questioning normative political philosophy’s conception of justice, Renault gives an account of injustice as the denial of recognition, placing the experience of social suffering at the heart of contemporary critical theory. Inspired by Axel Honneth, Renault argues (...) that a radicalized version of Honneth’s ethics of recognition can provide a systematic alternative to the liberal-democratic projects of such thinkers as Rawls and Habermas. Renault reformulates Honneth’s theory as a framework founded on experiences of injustice. He develops a complex, psychoanalytically rich account of suffering, disaffiliation, and identity loss to explain these experiences as denials of recognition, linking everyday injustice to a robust defense of the politicization of identity in social struggles. Engaging contemporary French and German critical theory alongside interdisciplinary tools from sociology, psychoanalysis, socialist political theory, social-movement theory, and philosophy, Renault articulates the importance of a theory of recognition for the resurgence of social critique. (shrink)

The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars, have reduced its margin of application to practically zero, since in the framework of contemporary welfare states, there is almost always a “legal alternative.” The needy person who acts on their own behalf, regardless of whether they save an interest higher than the one they injure, does not show due deference to democratic legal solutions and procedural (...) channels. This article aims to contest this abrogative interpretation of the necessity defense and to outline the limits of its legitimate scope. Even in welfare states, there are actions in a necessity scenario that neither question the legal decisions of the democratically elected legislature nor make a mockery of established procedural channels. (shrink)

Faced with the inaction of liberal democracies to effectively tackle global warming, many climate activists engage in forms of protests that involve committing minor criminal offences. They seek to shape official decisions on climate policies by resorting to civil disobedience. Some of these activists, rather than accepting punishment, have successfully claimed to be acting in a justified manner by invoking the necessity defence. The aim of this article is to show that, within the framework of representative democracies guided by the (...) rule of law, the climate necessity defence must be rejected, since such protests do not meet the ‘non-legal alternatives’ requirement. This does not mean, however, that protesters should be punished as common offenders. Their acceptance of responsibility and political motivation should be taken into account as a mitigating factor at sentencing. (shrink)

Objetivamos elaborar um balanço sobre lógica das perguntas científicas na produção do conhecimento stricto sensu. Tomamos como fontes 100 dissertações e 32 teses escritas por docentes que trabalham em cursos de Educação Física no Estado da Bahia – 1982 a 2018, abordando enquanto objeto a lógica instituída pelas perguntas científicas na referida produção. Trata-se de uma pesquisa documental, tendo como método o materialismo histórico e dialético. Os resultados apontam que 48% das produções têm suas perguntas de investigação construída a partir (...) da lógica formal; 28% apresenta uma lógica dialética na elaboração das perguntas científicas; e 24% não apresentam problema de investigação. (shrink)

¿Qué es la mente humana? ¿Es un aspecto de la naturaleza? ¿O acaso la trasciende? ¿Se puede explicar enteramente al hombre en un lenguaje científico-natural? Desde que Aristóteles definió al hombre como un "animal racional", el pensamiento occidental ha erigido una distinción ontológica entre hombre y naturaleza. Sin embargo, el darwinismo nos ha legado una verdad ineludible: que somos organismos animales, cuyas capacidades conceptuales no escapan a los procesos propios de la naturaleza. ¿Se puede, entonces, pensar al hombre como un (...) ser mental, y al mismo tiempo como un organismo natural? Para ello, sin duda, será necesario reformular los conceptos tradicionales de "mente" y de "naturaleza" en busca de una reconciliación conceptual. El siguiente volumen recorre campos como la fenomenología trascendental, la lógica, la biología, la semiótica, la lingüística y la psicología con el fin de superar este dualismo tan antiguo como la filosofía. (shrink)

The “private” dimension of social life is problematic, posing conceptual, political, and ecological challenges. Some of these problems arise from the very nature of private property as it is enshrined in social life, which demands special privileges be granted to “private” matters on the grounds that these are private, because the predominant representation of the involved rights is that they reflect claims of the holders, rather than legitimate claims of society as a whole in allocating responsibilities, benefits, and duties. The (...) claim to the rationality of allocations of property rights, this article argues, must be questioned in light of the kind of commonality that is revealed in a striking manner by environmental issues (although it is not restricted to environmental matters). This questioning makes sense in relation to an analysis of social interactions, beyond the problematic opposition between the private sphere and public life. (shrink)

Qui connaît aujourd'hui le philosophe français Emmanuel Mounier et sa révolution personnaliste? Les pages de cet ouvrage lui rendent hommage et donnent le goût de découvrir son extraordinaire aventure en faveur de l'homme. Visionnaire et engagé, sa brève et intense existence (1905-1950) fut consacrée à remettre la Personne au centre de la pensée et de l'agir dans une crise historique sans précédent. L'écriture vive et sensible d'Emannuel Pic et l'étonnante recherche graphique de Fred Bourguignon accompagnent le fondateur de la revue (...) Esprit dans la contemplation et la traversée d'un surprenant mur blanc. "J'ai souhaité à travers ce bref récit rendre aimable Emmanuel Mounier à une nouvelle génération d'hommes et de femmes confrontés à des questions anthropologiques inédites. Pour y parvenir, je n'ai pas voulu faire une nouvelle étude biographique car d'autres l'ont fait de merveilleuses manières avant moi (Domenach, Lurol). Il s'agit davantage d'un récit où défilent les moments clés de la vie du philosophe personnaliste et la progression de sa pensée sur la personne. Ainsi progressivement émerge sa vision de la personne en relation à travers les multiples visages qui l'ont poussé à se libérer et à s'engager contre tout ce qui peut réduire et contraindre la sublime vocation des êtres humains à expérimenter de vraies communions. (shrink)

Germany is joining a long list of European democracies that have modified or expressed a willingness to modify their citizenship laws to denationalize first and then prevent the return of or expel those citizens accused of having participated in terrorist activities abroad. The formal labelling of citizenship deprivation as an administrative measure outside the scope of criminal justice has prevented scholars of criminal law from undertaking a thorough scrutiny of its legitimacy. In this paper I seek to fill this gap. (...) Specifically, after demonstrating why deprivation of citizenship is a measure of a criminal nature, I argue against its legitimacy, either as a punishment or as a risk-based measure. Instead I propose that we should understand citizenship deprivation as a paradigmatic response from an illegitimate enemy criminal law. Notwithstanding the foregoing, I claim that states that choose to denationalize terrorists should do it within the framework of a process with the highest (criminal procedural) guarantees. (shrink)

Among the advocates of expressive theories of punishment, there is a strong consensus that monetary fines cannot convey the message of censure that is required to punish serious crimes or crimes against the person. Money is considered an inappropriate symbol to express condemnation. In this article, I argue that this sentiment is correct, although not for the reasons suggested by advocates of expressivism. The monetary day-fine should not be understood as a simple deprivation of money, but as a punishment that (...) reduces the offender’s capacity to consume for a certain period of time. Conceived in this manner, I argue that it is perfectly suitable to convey censure. However, the practical impossibility of ensuring that the person who pays the fine is the same person who has been convicted of the offense seriously undermines the acceptability of the monetary fine as an instrument of censure. Minimizing the risk of the fine’s hard treatment being transferred to third parties is a necessary condition for the monetary fine to be considered a viable alternative to lengthy prison sentences. (shrink)

Abstract Could the ?analytic? approach take greater roots in the traditions of African Philosophy? In this contribution, I give an affirmative answer to the question. However, I also argue that the process requires a ?political will?, as it involves a clear acknowledgement of the historical impetus animating the very idea?and contemporary institutional existences?of African philosophy.

Noël Carroll denies and Robert Stecker affirms that it is a necessary condition of aesthetic experience that it should be valued for its own sake. I make use of their controversy to argue for the psychological impossibility of discharging very common practices of art evaluation and analysis without undergoing an aesthetic experience valued for its own sake. By way of supporting my thesis and also making progress in Stecker and Carroll’s dispute about aesthetic experience, I analyse their methodological assumptions and (...) develop further our understanding of negative, indifferent and unexpected aesthetic experiences. The article provides a defence of Stecker’s position based on my contention regarding art evaluation and analysis. (shrink)

ABSTRACT In the 1960s, when Dr. Belding Scribner discovered how to accomplish the process of dialysis in a repeated way, he could not imagine that in solving such a problem others as or more difficult would appear. Given the technological progress and the impossibility of assisting all patients through the most modern methods, the medical doctor often finds himself faced with the moral dilemma of choosing which patient in the waiting list will receive the treatment. This same dilemma is amplified (...) in the case of organ transplants. Professionals, students, professors of the juridical and health fields, and the population in general, were interviewed as a means of documenting the moral concepts and opinions surrounding this problem. In the reality in which we find ourselves, it seems to us that deciding who lives, and the responsibility for all the events that culminate in such decisions, is still a subject left open to discussion. (shrink)

Se aborda la tercera sección del «Canon» de la Crítica de la razón pura, dedicada a la distinción entre opinión, saber y creencia, para analizar el concepto de «creencia doctrinal» (doctrinaler Glaube), que no aparece explícitamente en ningún otro lugar del corpus kantiano. Se sostiene que este concepto, bajo el cual Kant subsume nuestra creencia en la existencia de Dios, está pensado para descartar el denominado ateísmo por defecto (o la presunción de ateísmo), que de otro modo obtendría la primacía (...) en la epistemología crítica. (shrink)

Given that Enlightenment rationality developed in Europe as European nations aggressively claimed other parts of the world for their own enrichment, scholars have made rationality the subject of postcolonial critique, questioning its universality and objectivity. In _On Reason_, the late philosopher Emmanuel Chukwudi Eze demonstrates that rationality, and by extension philosophy, need not be renounced as manifestations or tools of Western imperialism. Examining reason in connection to the politics of difference—the cluster of issues known variously as cultural diversity, political correctness, (...) the culture wars, and identity politics—Eze expounds a rigorous argument that reason is produced through and because of difference. In so doing, he preserves reason as a human property while at the same time showing that it cannot be thought outside the realities of cultural diversity. Advocating rationality in a multicultural world, he proposes new ways of affirming both identity and difference. Eze draws on an extraordinary command of Western philosophical thought and a deep knowledge of African philosophy and cultural traditions. He explores models of rationality in the thought of philosophers from Aristotle, René Descartes, Francis Bacon, and Thomas Hobbes to Noam Chomsky, Richard Rorty, Hilary Putnam, and Jacques Derrida, and he considers portrayals of reason in the work of the African thinkers and novelists Chinua Achebe, Ngugi wa Thiong’o, and Wole Soyinka. Eze reflects on contemporary thought about genetics, race, and postcolonial historiography as well as on the interplay between reason and unreason in the hearings of South Africa’s Truth and Reconciliation Commission. He contends that while rationality may have a foundational formality, any understanding of its foundation and form is dynamic, always based in historical and cultural circumstances. (shrink)

Postcolonial African Philosophy: A Critical Reader sets out a timely and powerful agenda for contemporary African, Afro-Caribbean, and African American philosophy.

In this article I argue that a high capacity for courage, in the sense of the strength of character that enables one to face distress, angst or psychological pain, is required of Hume’s ideal critics just as the other well-known five characteristics are. I also explore the implications of my proposal for several aspects of Hume’s aesthetics, including the one brought into relief by Shelley’s interpretation of Hume along the lines of distinguishing between the perceptual and affective stages in aesthetic (...) appreciation. (shrink)

This chapter contains section titled: No Abstract.

El aumento en la producción y consumo de frutas y hortalizas mínimamente procesadas de los últimos años ha con­tribuido a incrementar las toxiinfecciones alimentarias asociadas al consumo de productos vegetales frescos. Esto es debido a que los tratamientos desinfectantes llevados a cabo actualmente por industria de IV gama son insuficientes para garantizar la seguridad microbiológica de los productos finales, y además estos no reciben ningún tratamiento capaz de eliminar todos los patógenos antes de su consumo. Por lo tanto, es necesario (...) utilizar estrategias al­ternativas para reducir los microorganismos patógenos y alteran­tes en frutas y hortalizas. La bioconservación, mediante el uso de microorganismos o sus metabolitos, es una alternativa que, en combinación con las prácticas habituales, puede reducir o prevenir el crecimiento de patógenos en productos mínimamente procesa­dos, mejorando su calidad microbiológica. En este artículo se pre­sentan los resultados más relevantes sobre la bioconservación de frutas y hortalizas mínimamente procesadas. (shrink)

In By Way of Obstacles, Emmanuel Falque revisits the major themes of his work--finitude, the body, and the call for philosophers and theologians to "cross the Rubicon" by entering into dialogue--in light of objections that have been offered. In so doing, he offers a pathway through a work that will offer valuable insights both to newcomers to his thought and to those who are already familiar with it. For it is only after one has carved out one's pathway that one (...) may see more clearly where one has been and where one might be going. Here readers will discover the profound relation between Falque's emphasis on the human experience of the world and his desire for philosophy and Christian theology to enter into conversation. For only by speaking within the human horizon of finitude can Christianity be credible for human beings, and it is because Christian theology teaches that God entered into our finitude that it can also teach us something of what it is to be human. Contemporary phenomenology, Falque warns, over-privileges an encounter with the infinite that cannot be originary. Calling us back to finitude, he calls us to a deeper understanding of our humanity. (shrink)