Entendo a partidarização judicial como agravamento do anti-igualitarismo jurídico que degrada o formalismo democrático. Atenho-me ao Brasil, sem generalizar: há pessoas dignas no judiciário. Falo na aplicação indevida da lei na esfera política para impedir mudanças na sociedade. Trato o tema em três níveis. Preliminarmente, discuto a desigualdade político-jurídica, depois os golpes de Estado, e por fim o manejo da legislação como arma política que mantém injustiças.

In 1909, Einstein derived a formula for the mean square energy fluctuation in blackbody radiation. This formula is the sum of a wave term and a particle term. In a key contribution to the 1926 Dreim¨.

In early 1927, Pascual Jordan published his version of what came to be known as the Dirac-Jordan statistical transformation theory. Later that year and partly in response to Jordan, John von Neumann published the modern Hilbert space formalism of quantum mechanics. Central to both formalisms are expressions for conditional probabilities of finding some value for one quantity given the value of another. Beyond that Jordan and von Neumann had very different views about the appropriate formulation of (...) problems in the new theory. For Jordan, unable to let go of the analogy to classical mechanics, the solution of such problems required the identification of sets of canonically conjugate variables, i.e., p’s and q’s. Jordan ran into serious difficulties when he tried to extend his approach from quantities with fully continuous spectra to those with wholly or partly discrete spectra. For von Neumann, not constrained by the analogy to classical physics and aware of the daunting mathematical difficulties facing the approach of Jordan ), the solution of a problem in the new quantum mechanics required only the identification of a maximal set of commuting operators with simultaneous eigenstates. He had no need for p’s and q’s. Related to their disagreement about the appropriate general formalism for the new theory, Jordan and von Neumann stated the characteristic new rules for probabilities in quantum mechanics somewhat differently. Jordan was the first to state those rules in full generality, von Neumann rephrased them and then sought to derive them from more basic considerations. In this paper we reconstruct the central arguments of these 1927 papers by Jordan and von Neumann and of a paper on Jordan’s approach by Hilbert, von Neumann, and Nordheim. We highlight those elements in these papers that bring out the gradual loosening of the ties between the new quantum formalism and classical mechanics. (shrink)

Political theorists converge in identifying modern techniques of domination as habit-formative and psychologically invasive, in contrast to earlier, more blatantly coercive forms of repression. Putting Aristotle on tyranny in conversation with Michel Foucault on subject formation, this article argues for continuity across the pre- and postmodern divide. Through a close reading of the “three heads of tyranny” in Politics 5.11 —those being the tyrant’s efforts to form subjects who have small thoughts are distrustful of one another, and are incapable (...) of action—I argue that central to Aristotle’s account of tyrannical domination is how tyrants cultivate the ethical vice of “small-souledness”, thus producing subjects with humbled desires for a proportionate distribution of political power. This article deepens our appreciation of the social and psychological registers of Aristotle’s theorization of domination and gives reasons for continuing to take Aristotle’s insights into tyranny seriously today. (shrink)

By using religion to get at the core concepts of Michel Foucault's thinking, this book offers a strong alternative to the way that the philosopher's work is read across the humanities. Foucault was famously interested in Christianity as both the rival to ancient ethics and the parent of modern discipline and was always alert to the hypocrisy and the violence in churches. Yet many readers have ignored how central religion is to his thought, particularly with regard to human bodies (...) and how they are shaped. The point is not to turn Foucault into some sort of believer or to extract from him a fixed thesis about religion as such. Rather, it is to see how Foucault engages religious _rhetoric_ page after page—even when religion is not his main topic. When readers follow his allusions, they can see why he finds in religion not only an object of critique, but a perennial provocation to think about how speech works on bodies—and how bodies resist. Arguing that Foucault conducts experiments in writing to frustrate academic expectations about history and theory, Mark Jordan gives equal weight to the performative and theatrical aspects of Foucault's writing or lecturing. How does Foucault stage possibilities of self-transformation? How are his books or lectures akin to the rituals and liturgies that he dissects in them? _Convulsing Bodies_ follows its own game of hide-and-seek with the agents of totalizing systems and gives us a Foucault who plays with his audiences as he plays for them—or teaches them. (shrink)

The debtor-creditor relation, which is at the heart of this book, sharpens mechanisms of exploitation and domination indiscriminately, since, in it, there is no distinction between workers and the unemployed, consumers and producers, working and non-working populations, between retirees and welfare recipients. They are all "debtors," guilty and responsible in the eyes of capital, which has become the Great, the Universal, Creditor.--from The Making of the Indebted Man Debt -- both public debt and private debt -- has become a major (...) concern of economic and political leaders. In The Making of the Indebted Man, Maurizio Lazzarato shows that, far from being a threat to the capitalist economy, debt lies at the very core of the neoliberal project. Through a reading of Karl Marx's lesser-known youthful writings on John Mill, and a rereading of writings by Friedrich Nietzsche, Gilles Deleuze, Félix Guattari, and Michel Foucault, Lazzarato demonstrates that debt is above all a political construction, and that the creditor/debtor relation is the fundamental social relation of Western societies.Debt cannot be reduced to a simple economic mechanism, for it is also a technique of "public safety" through which individual and collective subjectivities are governed and controlled. Its aim is to minimize the uncertainty of the time and behavior of the governed. We are forever sinking further into debt to the State, to private insurance, and, on a more general level, to corporations. To insure that we honor our debts, we are at once encouraged and compelled to become the "entrepreneurs" of our lives, of our "human capital." In this way, our entire material, psychological, and affective horizon is upended and reconfigured. How do we extricate ourselves from this impossible situation? How do we escape the neoliberal condition of the indebted man? Lazzarato argues that we will have to recognize that there is no simple technical, economic, or financial solution. We must instead radically challenge the fundamental social relation structuring capitalism: the system of debt. (shrink)

This essay applies Michel Foucault’s conception of the heterotopia to the context of the sport of wrestling. In particular, it examines the social and spatial structures of the sport, exploring hom...

This book addresses central issues in the philosophy and metaphysics of science, namely the nature of scientific theories, their partial truth, and the necessity of scientific laws within a moderate realist and empiricist perspective. Accordingly, good arguments in favour of the existence of unobservable entities postulated by our best theories, such as electrons, must be inductively grounded on perceptual experience and not their explanatory power as most defenders of scientific realism claim. Similarly, belief in the reality of dispositions such as (...) causal powers which ground the natural necessity of scientific laws must be based on experience. Hence, this book offers a synthetic presentation of an original metaphysics of science, namely a metaphysics of properties, both categorical and dispositional, while at the same time opposing strong versions of necessitarism according to which laws are true in all possible worlds. The main theses and arguments are clearly presented in a non-technical way. Thus, on top of being of interest to the specialists of the topics discussed, it is also useful as a textbook in courses for third year and more advanced university students. (shrink)

1. Sexual Brains and Body Politics 2. Hormones and Hardwiring 3. Making Sense of Brain Organization Studies 4. Thirteen Ways of Looking at Brain Organization 5. Working Backward from “Distinct‘ Groups 6. Masculine and Feminine Sexuality 7. Sexual Orienteering 8. Sex-Typed Interests 9. Taking Context Seriously 10. Trading Essence for Potential.

Strawson (1994) and Peacocke (1992) introduced thought experiments that show that it seems intuitive that there is, in some way, an experiential character to mental events of understanding. Some (e.g., Siewert 1998, 2011; Pitt 2004) try to explain these intuitions by saying that just as we have, say, headache experiences and visual experiences of blueness, so too we have experiences of understanding. Others (e.g., Prinz 2006, 2011; Tye 1996) propose that these intuitions can be explained without positing experiences of understanding. (...) Call this the debate between Realism and Anti-Realism about experiences of understanding. This paper aims to advance that debate in two ways. In the first half, I develop more precise characterizations of what Realists and Anti-Realists propose. In the second half, I distinguish the four most plausible versions of Anti-Realism and argue that Realism better explains the target intuition than any of them does. (shrink)

Résumé Si le renouveau de l’humanisme passe par le rapprochement des différences, les perspectives occidentale et orientale sur le monde divergent : la première se repère dans l’Histoire et la seconde dans la notion de destin. Entre le pouvoir logique du rationalisme instrumental occidental et la puissance affective des modes sensibles de la connaissance comme la liturgie et la musique, l’Occident doit être à même de se réconcilier avec la différence et refuser à la fois les identités fermées et les (...) altérités absolues. (shrink)

Chemical kinds are generally treated as having timelessly fixed identities. Biological kinds are generally treated as evolved and/or evolving entities. So what kind of kind is a biochemical kind? This article defends the thesis that biochemical molecules are clustered chemical kinds, some of which—namely, evolutionarily conserved units—are also biological kinds. On this thesis, a number of difficulties that have recently occupied philosophers concerned with proteins and kinds are shown to be either resolved or dissolved. 1 Introduction2 Conflicting Intuitions about Kinds (...) of Proteins3 Against Permissive Pluralism4 Against Nominalism, Toward a Duality of Kinds5 Biological Kinds, Chemical Kinds, and Their Relations6 Implications for Biological Individuals7 Implications for Monism and Scientific Practice. (shrink)

Chemical kinds (e.g. gold) are generally treated as having timelessly fixed identities. Biological kinds (e.g. goldfinches) are generally treated as evolved and/or evolving entities. So what kind of kind is a biochemical kind? This paper defends the thesis that biochemical molecules are clustered chemical kinds, some of which–namely, evolutionarily conserved units–are also biological kinds.On this thesis, a number of difficulties that have recently occupied philosophers concerned with proteins and kinds are shown to be resolved or dissolved.

La contribution de Michel Troper à la théorie générale du droit et à la théorie constitutionnelle est aujourd'hui reconnue et célébrée un peu partout dans le monde. Un talent d'architecte se tient à l'origine de cette audience rarement égalée dans la sphère francophone : celui qu'il faut pour accommoder toutes les exigences, quel que soit l'ordre de valeur dans lequel on les trouve : originalité, rigueur, souci de la fonction, esthétisme, solidité, adaptation, intelligence, inquiétude, esprit critique, renoncement, réalisme... A (...) ces mérites, on ajoutera une curiosité insatiable, un goût prononcé pour l'échange et le débat, un refus distingué de l'académisme, un sens exigeant de l'amitié et une méfiance profônde pour les adjectifs... C'est cet édifice de qualités que les élèves, collègues et amis de Michel Troper sont heureux de célébrer en lui offrant ces Mélanges. (shrink)

Personalized genomics companies (PG; also called ‘direct-to-consumer genetics’) are businesses marketing genetic testing to consumers over the Internet. While much has been written about these new businesses, little attention has been given to their roles in science communication. This paper provides an analysis of the gene concept presented to customers and the relation between the information given and the science behind PG. Two quite different gene concepts are present in company rhetoric, but only one features in the science. To explain (...) this, we must appreciate the delicate tension between PG, academic science, public expectation, and market forces. (shrink)

Rules are meant to apply equally to all within their jurisdiction. However, some rules are frequently broken without consequence for most. These rules are only occasionally enforced, often at the discretion of a third-party observer. We propose that these rules—whose violations are frequent, and enforcement is rare—constitute a unique subclass of explicitly codified rules, which we call ‘phantom rules’ (e.g., proscribing jaywalking). Their apparent punishability is ambiguous and particularly susceptible to third-party motives. Across six experiments, (N = 1440) we validated (...) the existence of phantom rules and found evidence for their motivated enforcement. First, people played a modified Dictator Game with a novel frequently broken and rarely enforced rule (i.e., a phantom rule). People enforced this rule more often when the “dictator” was selfish (vs. fair) even though the rule only proscribed fractional offers (not selfishness). Then we turned to third person judgments of the U.S. legal system. We found these violations are recognizable to participants as both illegal and commonplace (Experiment 2), differentiable from violations of prototypical laws (Experiments 3) and enforced in a motivated way (Experiments 4a and 4b). Phantom rule violations (but not prototypical legal violations) are seen as more justifiably punished when the rule violator has also violated a social norm (vs. rule violation alone)—unless the motivation to punish has been satiated (Experiment 5). Phantom rules are frequently broken, codified rules. Consequently, their apparent punishability is ambiguous, and their enforcement is particularly susceptible to third party motives. (shrink)

This Element examines Kant's innovative account of labour in his political philosophy and develops an intersectional analysis of Kant. By demonstrating that Kant's analysis of slavery, citizenship, and sex developed in inter-linked ways over several decades, culminating in his development of a 'trichotomy' of Right, the author shows that Kant's normative account of independence is configured through his theory of labour, and is continuous with his anthropological accounts of race and gender, providing a systemic justification for the dependency of women (...) and non-whites embedded in his philosophy of right. By examining Kant's arguments about slavery as intertwined with his account of domestic labour, the author argues that his ultimate rejection of slavery may owe more to his changing conceptualization of labour than to his theory of race, and that his final arguments against slavery rehearse strategies for embedding intersectional patterns of domestic dependence in his account of the rightful state. (shrink)

In this paper I argue that Pereboom’s empirical objection to agent causation fails to undermine the most plausible version of agent-causal libertarianism. This is significant because Pereboom concedes that such libertarianism is conceptually coherent and only falls to empirical considerations. To substantiate these claims I outline Pereboom’s taxonomy of agent-causal views, develop the strongest version of his empirical objections, and then show that this objection fails to undermine what I consider the most plausible view of agent-causal libertarianism, namely, reconciliatory integrationist (...) agent-causalism. I then strengthen my criticism of Pereboom by responding to three objections to my view. I show that these objections, though initially challenging, fail to undermine my argument. I therefore conclude that, to this extent, agent-causal views remain a viable option in the contemporary free will debate. (shrink)

The ‘black box problem’ is a long-standing talking point in debates about artificial intelligence. This is a significant point of tension between ethicists, programmers, clinicians and anyone else working on developing AI for healthcare applications. However, the precise definition of these systems are often left undefined, vague, unclear or are assumed to be standardised within AI circles. This leads to situations where individuals working on AI talk over each other and has been invoked in numerous debates between opaque and explainable (...) systems. This paper proposes a coherent and clear definition for the black box problem to assist in future discussions about AI in healthcare. This is accomplished by synthesising various definitions in the literature and examining several criteria that can be extrapolated from these definitions. There are no data in this work. (shrink)

Several recent criticisms of the somatic marker hypothesis (SMH) identify multiple ambiguities in the way it has been formulated by its chief proponents. Here we provide evidence that this hypothesis has also been interpreted in various different ways by the scientific community. Our diagnosis of this problem is that SMH lacks an adequate computational-level account of practical decision making. Such an account is necessary for drawing meaningful links between neurological- and psychological-level data. The paper concludes by providing a simple, five-step (...) model of practical decision making. Recasting SMH in terms of this model generates more precise and empirically tractable computational-level hypotheses about the various ways that somatic markers might influence practical decisions. (shrink)

This paper examines two influential theoretical frameworks, set forth by Russell Barkley (1997) and Thomas Brown (2005), and argues that important headway in understanding attention deficit hyperactivity disorder can be made if we acknowledge the way in which human cognition and action are essentially embodied and enactive. The way in which we actively make sense of the world is structured by our bodily dynamics and our sensorimotor engagement with our surroundings. These bodily dynamics are linked to an individual's concerns and (...) felt needs, so that what she attends to in perception, decision-making, and action is partially constituted by her cares and concerns. What I call ?affective framing? engages the whole living body, and ordinarily contributes to attentional focusing, working memory, goal-formulation, and action-monitoring. However, due to affective framing deficits, subjects with ADHD find it difficult to focus their attention, kindle their motivation, and systematically simplify cognitive procedures according to considerations of relevance, salience, and context. Thus, what is impaired in ADHD is not simply a set of executive brain functions, but rather a range of bodily dynamics through which subjects engage with their world. For this reason, intensive behavioral intervention that engages the whole living body may be the most effective, lasting treatment for ADHD. (shrink)

Roy Sorensen introduced the concept of an epistemic blindspot in the 1980s. A proposition is an epistemic blindspot for some individual at some time if and only if that proposition is consistent but unknowable by that individual at that time. In the first half of this paper, I extend Sorensen work on blindspots by arguing that there exist blindspots that essentially involve hopes. In the second half, I show how such blindspots can contribute to and impair different pursuits of self-understanding. (...) My arguments throughout this paper draw on Luc Bovens’s account of hope. (shrink)

To systematically answer the generalized Kretschmann objection, I propose a mean to make operational a criterion widely recognized as allowing one to decide whether the gauge symmetry of a theory is artificial or substantial. My proposition is based on the dressing field method of gauge symmetry reduction, a new simple tool from mathematical physics. This general scheme allows one in particular to straightforwardly argue that the notion of spontaneous symmetry breaking is superfluous to the empirical success of the electroweak theory. (...) Important questions regarding the context of justification of the theory then arise. (shrink)

What does everyone in the modern world need to know? Renowned psychologist Jordan B. Peterson's answer to this most difficult of questions uniquely combines the hard-won truths of ancient tradition with the stunning revelations of cutting-edge scientific research. Humorous, surprising and informative, Dr. Peterson tells us why skateboarding boys and girls must be left alone, what terrible fate awaits those who criticize too easily, and why you should always pet a cat when you meet one on the street. What (...) does the nervous system of the lowly lobster have to tell us about standing up straight (with our shoulders back) and about success in life? Why did ancient Egyptians worship the capacity to pay careful attention as the highest of gods? What dreadful paths do people tread when they become resentful, arrogant and vengeful? Dr. Peterson journeys broadly, discussing discipline, freedom, adventure and responsibility, distilling the world's wisdom into 12 practical and profound rules for life. [This book] shatters the modern commonplaces of science, faith and human nature, while transforming and ennobling the mind and spirit of its readers. (shrink)

A common approach for measuring the effectiveness of an education system or a school is the estimation of the impact that school interventions have on students’ academic performance. However, the latest trends aim to extend the focus beyond students’ acquisition of knowledge and skills, and to consider aspects such as well-being in the academic context. For this reason, the 2015 edition of the international assessment system PISA incorporated a new tool aimed at evaluating the socio-affective variables related to the well-being (...) of students. It is based on a definition focused on the five dimensions proposed in PISA theoretical framework: cognitive, psychological, social, physical and material. The main purpose of this study is to identify the well-being components that significantly affect student academic performance and to estimate the magnitude of school effects on the well-being of students in OECD countries, the school effect being understood as the ability of schools to increase subjective student well-being. To achieve this goal, we analyzed the responses of 234,000 students from thirty-five OECD countries to PISA 2015 questionnaires. Specifically, we considered non-cognitive variables in the questionnaires and student performance in science. The results indicated that the cognitive well-being dimension, composed of enjoyment of science, self-efficacy and instrumental motivation, as well as the test anxiety all had a consistent relationship with student performance across countries. In addition, the school effect, estimated through a two-level hierarchical linear model, in terms of student well-being was systematically low. While the school effect accounted for approximately 25% of the variance in the results for the cognitive dimension, only 5-9% of variance in well-being indicators was attributable to it. This suggests that the influence of school on student welfare is weak, and the effect is similar across countries. The present study contributes to the general discussion currently underway about the definition of well-being and the connection between well-being and achievement. The results highlighted two complementary concerns: there is a clear need to promote socio-emotional education in schools, and it is important to develop a rigorous framework for well-being assessment. The implications of the results and proposals for future studies are discussed. (shrink)

Name der Zeitschrift: Cognitive Linguistics Jahrgang: 27 Heft: 4 Seiten: 559-572.

In a modern, calculative world, the techniques of tracking are everywhere in the ascendant. Enhanced by algorithmic procedures and analytics, they have been incorporated into distributed network systems, augmented by new sensing and locationing technologies, and embedded into mobile devices, urban structures and environments. Simultaneously, new practices of tracking and sensing have emerged across the consumer, state and corporate sectors. These practices are amplified in the case of megacities as they strive to keep pace with rapid urban development. All movement (...) is subordinated to a condition of 'calculative mobilization’, whereby the urban realm is understood through the spatialization of algorithmic operations. And yet, due to their unique large- and multi-scaled accumulations of data-enhanced actors and their complex, stratified modes of proximity and interoperable relationality, the particular densities of megacities challenge conventional spatial formats of movement and positioning. This article offers new formats of analysis for these calculative practices and the agential and ontological status of the hybrid urban entities that they register and engender. It also offers new structuring principles and political orientations, which are particularly urgent as we witness the ascendance of 'Spatial Data Infrastructures’ that are often promoted as participatory and inclusive while remaining largely inaccessible, pursuing proprietary aims, and infused with the potential not only to protect and inform but also to violate. (shrink)