A adoção de um catálogo constitucional de direitos e o fortalecimento do judicial review, trouxeram como consequência a judicialização da política em inúmeras democracias, onde se verifica uma expansão da atuação do Poder Judiciário em detrimento das esferas representativas do Estado. Neste contexto, tem se observado em países do Sul Global, o emprego de novos mecanismos procedimentais em casos que envolvem a violação contínua e generalizada de direitos fundamentais, de alguns grupos menos favorecidos, decorrente de bloqueios políticos e institucionais, denominados (...) de “litígios estruturais”. (shrink)

During the postwar period, the concept of instinct came to encapsulate the debate around the importance of nature versus nurture. The fact that animals show highly organized behavior early in development suggested the presence of an underlying fixity where behavior was “inbuilt” into an animal’s biology despite an individual’s experiences. This placed a discrete and exhaustive line between the innate and acquired that became a foundation for the European-dominated field of ethology. Across the Atlantic, a group of comparative psychologists led (...) by the American Museum of Natural History’s T. C. Schneirla contested this approach, proposing that the study of animal behavior should avoid abstract dichotomies with a renewed focus on developmental processes. While Schneirla’s theoretical and empirical work shaped the modern study of animal behavior, his legacy requires revisiting in an era where the nature versus nurture debate is regaining prominence. In this article, I revisit Schneirla’s approach to behavior with a focus on his paper “Interrelationships of the ‘Innate’ and the ‘Acquired’ in Instinctive Behavior” (published in M. Autuori et al. (1956) _L’instinct dans le comportement des animaux et de l’homme_; Masson, Paris, pp. 387–452) for the journal’s “Classics in Biological Theory” collection; the paper is available as supplementary material in the online version of this article. A companion article (this issue; G. M. Kohn (2024) “A Discussion on Instinct, Paris, 1954”) presents the commentary that was published with it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:René Girard and the Rhetoric of ConsumptionKathleen M. Vandenberg (bio)The work of René Girard, so productively applied in so many different fields—in theology, in anthropology, in literature, to name a few—has yet to be recognized or applied in the field of rhetorical studies. Yet there exists, I argue, a need precisely for Girard's theories as the over 2000 year-old discipline enters the twenty-first century.Girard's theory of mimetic or triangular (...) desire can be used as a model for understanding persuasion, because it is, among other things, an "expression of a basic set of ideas on... the dynamics of the self and human relations" (1996, vii). Girard's concern is with human relationships and, in a sense, with how individuals in these relationships act rhetorically upon themselves and others. Girard's mimetic theory hinges on the dynamics of imitation and explains how individuals relate through both the conscious and the unconscious sharing of behaviors, attitudes, and beliefs in certain situations. These situations are clearly rhetorical, as can be seen by examining the definition of the "rhetorical situation" set forth by Lloyd Bitzer, in his seminal 1968 article, "The Rhetorical Situation." Bitzer proposes three conditions that must be met for a rhetorical situation to exist: an exigency or imperfection marked by urgency; a rhetorical audience or an audience that can act; and constraints, or elements that have the power to constrain the decision and action needed to modify the exigency (7). In mass-mediated modern rhetoric, I argue that the exigencies exist externally (in the culture) and internally, the audience is both others and self, and the constraints are the alienation, mystification, and desire generated by hierarchies. Twentieth-century rhetorical theorist Kenneth Burke advises that "we must often think of rhetoric not in terms of some one particular address, but as a general body of identifications that owe their convincingness much more to trivial repetition and dull daily reënforcement than to exceptional rhetorical skill" (1950, 26). Such is the case with this particular form of rhetoric, which is generated and propagated by mimetic contagion and thus is best more narrowly defined as sociological propaganda, a type of propaganda [End Page 259] theorized by Jacques Ellul in Propaganda: The Formation of Men's Attitudes (1975).Ellul, the first to distinguish between political propaganda and sociological propaganda, proposes that the latter encompasses social behaviors "much more vast and less certain" than those of political propaganda (1975, 62). These social behaviors permit the penetration of an ideology in a society, a penetration that is achieved through the active participation of the masses. Sociological propaganda, as Ellul describes it, works from within; it is dependent on the individual's willingness and ability to persuade him- or herself and others. Sociological propaganda, Ellul posits, is created when members of a group behave in such a way as to influence the attitudes, actions, and lifestyles of others; often this behavior is unconscious, unintentional, and spontaneous.In these ways, the rhetoric of sociological propaganda operates in a markedly different fashion than more "traditional" rhetoric, which is largely understood to operate as a unilateral transaction in which an individual orator actively, openly, and orally works to move a relatively passive but physically present audience to act in accordance with the orator's own beliefs through a formally delivered speech. In its reliance on the interaction and cooperation of the many rather than the centrality and dominance of one speaker, in its acceptance of unintentional, spontaneous, and unconscious persuasion, in its dependence on the modern mass media, and in the limitless and nebulous nature of its boundaries in time and space, sociological propaganda constitutes a type of rhetoric heretofore insufficiently addressed by rhetorical studies. Although existing perspectives in rhetorical criticism have certainly addressed some aspects of this rhetoric, sociological propaganda is not easily explained with the terminology of traditional rhetorical criticism or easily approached from traditional rhetorical perspectives.This article asserts that the best way to approach and understand such propaganda is through the perspective of René Girard. Approaching this propaganda from a Girardian perspective permits us to look beyond the symbols of sociological propaganda and analyze our own responsibility in rhetorical... (shrink)

Ethics support staff help others to deal with moral challenges. However, they themselves can also experience moral challenges such as issues regarding (breaching) confidentiality when practicing ethics support. Currently there is no insight in these confidentiality issues and also no professional guidance for dealing with them. To gain insight into moral challenges related to Moral Case Deliberation (MCD), we studied a) beliefs and experiences of MCD facilitators regarding breaching confidentiality, b) considerations for (not) breaching confidentiality, and c) needs for an (...) ethics support tool. Data collection consisted of qualitative research methods: six semi-structured interviews; analyses of a) two recorded MCD sessions, and b) a focus group with MCD facilitators. Findings: MCD facilitators mention different conceptions and interpretations of confidentiality and various moral challenges. Questions concerning confidentiality ultimately cause reflections on roles and responsibilities of facilitators. Needs for ethics support vary from seeking advice to procedural and sometimes normative guidance for MCD facilitators. Education for MCD facilitators should focus on developing a concrete tool that stimulates awareness and reflection(skills). (shrink)

Nursing, a scientific and practical discipline, faces continuing challenges of finding new direction in order to decipher its core values and develop current ethical codes for nursing practice. In 2009–10, 28 nurses were purposely selected and interviewed using a semi-structured format in focus groups and individually. Thematic Content Analysis helped explore the perception of Iranian nurses on ethical values in patient care. Seven major themes emerged: respect for dignity, professional integrity, professional commitment, developing human relationships, justice, honesty, and promoting individuals (...) and the nursing profession. Iranian nurses revealed a unique and culture-based set of ethical values. This study found that Iranian nurses place a greater emphasis on preserving the dignity of those accompanying the patient and in showing regard for patients' religious beliefs in a gender appropriate environment. (shrink)

Rescued in 1972 from a storeroom in which rats and seeping water had severely damaged the fifty-year-old manuscript, this text is the earliest major work (1919-1921) of the great Russian philosopher M. M. Bakhtin. Toward a Philosophy of the Act contains the first occurrences of themes that occupied Bakhtin throughout his long career. The topics of authoring, responsibility, self and other, the moral significance of "outsideness," participatory thinking, the implications for the individual subject of having "no-alibi in existence," the difference (...) between the world as experienced in actions and the world as represented in discourse--all are broached here in the heat of discovery. This is the "heart of the heart" of Bakhtin, the center of the dialogue between being and language, the world and mind, "the given" and "the created" that forms the core of Bakhtin's distinctive dialogism. A special feature of this work is Bakhtin's struggle with the philosophy of Immanuel Kant. Put very simply, this text is an attempt to go beyond Kant's formulation of the ethical imperative. Toward a Philosophy of the Act will be important for scholars across the humanities as they grapple with the increasingly vexed relationship between aesthetics and ethics. (shrink)

AN inquiry into the use of paradeigma in the Iliad must begin with Niobe. At 24. 602 Achilles introduces Niobe in order to encourage Priam to have some food. The dead body of the best of Priam's sons has now been placed on the wagon ready for its journey back to Troy. Achilles says , ‘Now let us eat. For even Niobe ate food, and she had lost twelve children. Apollo and Artemis killed them all; they lay nine days in (...) their blood and there was no one to bury them, because Zeus had turned the people into stone. On the tenth day the gods buried them. But she managed to eat some food, when she was tired of weeping. And now among the mountains, although turned into stone, she still broods over her sorrows. But come, let us also eat. You can weep for your son again later’. (shrink)

Next SectionOne of the major concerns about surrogacy is the potential harm that may be inflicted upon the surrogate mother and the child after relinquishment. Even if one were to take the liberal view that surrogacy should be presumptively allowed on the basis of autonomy and/or compassion, evidence of harm must be taken seriously. In this paper I review the evidence from psychological studies on the effect that relinquishing a child has on the surrogate mother and while it appears that (...) many surrogates are able to cope with relinquishment, I argue that there are good reasons, grounded in empirical evidence, to support the view that the subsequent management of the relinquishment necessarily objectifies the surrogate mother. (shrink)

AN inquiry into the use of paradeigma in theIliadmust begin with Niobe. At 24. 602 Achilles introduces Niobe in order to encourage Priam to have some food. The dead body of the best of Priam's sons has now been placed on the wagon ready for its journey back to Troy. Achilles says, ‘Now let us eat. For even Niobe ate food, and she had losttwelvechildren. Apollo and Artemis killed them all; they lay nine days in their blood and there was (...) no one to bury them, because Zeus had turned the people into stone. On the tenth day the gods buried them. But she managed to eat some food, when she was tired of weeping. And now among the mountains, although turned into stone, she still broods over her sorrows. But come, let us also eat. You can weep for your son again later’. (shrink)

LET ME BEGIN this inquiry with the simple but fundamental fact that the flow of time, or passage, as it is also known, is given in experience, that it is as indubitable an aspect of our perception of the world as the sights and sounds that come in upon us, even though it is not the peculiar property of a special sense. Consider, by way of illustration, that I am now sitting at the desk in my study. This particular event (...) was not present at any earlier time, nor will it be present shortly as I become involved in other activities. The present, as I experience it, is regularly associated with later and later events. It does not hop about capriciously from here to a later time, to a previous time, and then to a much later time, or trace out some other such indiscriminate pattern; instead I find it always in association with the next moment, and as I look backward and inward, so to speak, I find that the prior moment was present and that this next-later moment is present. Quite often this condition is expressed by means of imagery. We are asked to envision either a moving present racing along a fixed track of moments or events from earlier to later, or alternatively a fixed present through which stream a series of moments or events, first the earlier and then the later ones. One is in truth hard-pressed to find references to passage which do not employ quasi-poetical tropes and metaphors, and while these do help in some sense to say what we mean, great caution is required when handling them because of their ready tendency to draw us away from the actual phenomenon requiring explanation. (shrink)

The essays assembled here are all very early and differ in a number of ways from Bakhtin's previously published work.

In Australia and other countries, certain groups of women have traditionally been denied access to assisted reproductive technologies . These typically are single heterosexual women, lesbians, poor women, and those whose ability to rear children is questioned, particularly women with certain disabilities or who are older. The arguments used to justify selection of women for ARTs are most often based on issues such as scarcity of resources, and absence of infertility , or on social concerns: that it “goes against nature”; (...) particular women might not make good mothers; unconventional families are not socially acceptable; or that children of older mothers might be orphaned at an early age. The social, medical, legal, and ethical reasoning that has traditionally promoted this lack of equity in access to ARTs, and whether the criteria used for client deselection are ethically appropriate in any particular case, are explored by this review. In addition, the issues of distribution and just “gatekeeping” practices associated with these sensitive medical services are examined. (shrink)

The purpose of the study is to conceptualise Islamic workplace rectitude. Based on a comprehensive literature review, the study proposes that Islamic workplace rectitude is composed of a harmonious blend of Islamic workplace spirituality, Islamic workplace ethics, and submission to Allah. The study involved an inductive interpretive analysis, where critical aspects of workplace rectitude were extracted based on the agreed-upon Qur’anic verses and Hadith. The study augments the literature on workplace behaviour through divine command theory by offering new theoretical evidence (...) from an Islamic perspective. As presented in the current study, Islamic workplace rectitude is a higher-order, stable psychological construct that can be distinguished from other constructs. It comprises Islamic workplace spirituality, Islamic workplace ethics, and submission to Allah. However, further research is needed to accomplish conceptual and empirical distinctiveness for the proposed construct of Islamic workplace rectitude. This study presents an alternative approach to Islamic workplace behaviour, facilitating fresh insights and further development and research in this exciting area. The study adopts a holistic approach, contributing to identifying commonalities between workplace attitudes and Islam. It introduces Islamic workplace rectitude, a novel concept not present in the existing literature. The present work is, therefore, expected to trigger further interest and research in Islamic workplace rectitude. (shrink)

In the long 20th century, modern China experienced perhaps the world’s most radical and systematic secularization process and the decimation of traditional religious and ritual cultures. This article seeks to account for this experience by engaging with postcolonial theory, a body of discourse seldom found relevant to China Studies. The article attempts a two-pronged critique of both state secularization and some aspects of existing Postcolonial Studies/theory. It shows the many ways in which nationalist elites in modern China unwittingly absorbed Western (...) Orientalist discourse even as their words and actions were ostensibly anti-colonial, and much of the article examines the consequences of this native Orientalism upon Chinese religiosities. Finally, the article suggests that one cannot discuss governmentality in modern China without understanding how it is intertwined with a sovereign power that is both archaic and, at the same time, has experienced renewal and expansion in modernity. (shrink)

Philosophy of science is the organized expression of a growing intent among philosophers and scientists to clarify, perhaps unify, the programs, methods and results of the disciplines of philosophy and of science. The examination of fundamental concepts and presuppositions in the light of the positive results of science, systematic doubt of the positive results, and a thorough-going analysis and critique of logic and of language, are typical projects for this joint effort. It is not necessary to be committed to a (...) belief that science and philosophy are or should be one, or else that “never the twain shall meet.” If anything, there is to be expected a wholesome regard for the value of established science in furnishing a foil for philosophy and a check on its old extravagances. This does not mean that even the best-established science may not be subject to most devastating criticism by analysis of its foundations. In fact, despairing of the philosophy of the schools, science has done it largely for itself. The theories of gravitation, atomicity, electro-magnetism, evolution, relativity and quanta have all arisen through drastic revisions of complacent fundamental “truths.”. (shrink)

Objectives: The mental health legislation of most developed countries includes either a dangerousness criterion or an obligatory dangerousness criterion (ODC). A dangerousness criterion holds that mentally ill people may be given treatment without consent if they are deemed to be a risk to themselves or others. An ODC holds that mentally ill people may be given treatment without consent only if they are deemed to be a risk to themselves or others. This paper argues that the dangerousness criterion is unnecessary, (...) unethical and, in the case of the ODC, potentially harmful to mentally ill people and to the rest of the community. Methods: We examine the history of the dangerousness criterion, and provide reasoned argument and empirical evidence in support of our position. Results: Dangerousness criteria are not required to balance the perceived loss of autonomy arising from mental health legislation. Dangerousness criteria unfairly discriminate against the mentally ill, as they represent an unreasonable barrier to treatment without consent, and they spread the burden of risk that any mentally ill person might become violent across large numbers of mentally ill people who will never become violent. Mental health legislation that includes an ODC is associated with a longer duration of untreated psychosis, and probably contributes to a poorer prognosis and an increase risk of suicide and violence in patients in their first episode of psychosis. Conclusions: Dangerousness criteria should be removed from mental health legislation and be replaced by criteria that focus on a patient’s capacity to refuse treatment. (shrink)

Originally published in 1939, this volume contains the text of an inaugural lecture delivered by M. M. Postan on his accession to the Professorship of Economic History at the University of Cambridge. This book will be of value to anyone with an interest in economic history or the history of the study of humanities.

_Purpose._ The study aims to define and comprehend the phenomenon of freedom as an anthropological problem in the Christian philosophical heritage of A. Augustine and H. Skovoroda. The objectives of the study are: a) to identify the main aspects of the problem of freedom in the Christian philosophy of Augustine; b) to clarify the essence and specificity of understanding of freedom in the philosophical anthropology of H. Skovoroda; c) to compare the peculiarities of the statement of the problem of freedom (...) by Augustine and Skovoroda. _Theoretical basis._ The achievement of the purpose is based on theoretical-methodological, historical-philosophical and comparative analysis of the content of the concept of freedom within the philosophical views of A. Augustine and H. Skovoroda. Also, the analysis of the original sources of the thinkers has allowed to formulate the theoretical and practical significance of their ideas in this field and their importance for the further development of world philosophy. _Originality._ It has been confirmed that in the religious philosophy of Augustine, freedom appears on an immanent-spiritual plane and is a phenomenon manifested as a person’s ability of self-determination in his actions. Augustine explains freedom by raising the question of free will, evil, salvation, predestination and divine grace. It is substantiated that the analysis of the problem of freedom in the philosophy of H. Skovoroda presupposes an understanding of the main components of his philosophical and anthropological theory: ontological (the doctrine of "two natures" and "three worlds"); gnoseological (the concept of self-knowledge); ethical (the problem of happiness, good, etc.). It is determined that human freedom in the work of both philosophers is defined in conceptual and semantic aspects as a moral and ethical choice between good and evil. It is established that both Augustine and Skovoroda emphasize the discovery by man of the moral, spiritual law and life in accordance with its norms – this is a kind of idea of positive freedom ("freedom for"), and the call to escape from the world of evil is the idea of negative freedom ("freedom from"). _Conclusions._ Thus, we continued the historical-philosophical study of the peculiarities of the understanding of the concept of human freedom in Ukrainian philosophical thought, which is manifested by comparing it with the theoretical heritage of world philosophy, with the spiritual and philosophical experience of the past. The ideological kinship of the concepts of freedom of Aurelius Augustine and Hryhorii Skovoroda is obvious. (shrink)