O presente trabalho analisa a crise da legalidade sobre os aspectos da falência da legitimidade do Estado e da crise do Estado de Direito. Os poderes estabelecidos carecem de representatividade junto à população, que não credita mais à lei um meio de expressão da justiça. A hipótese averiguada demonstra que os pressupostos e técnicas da Legística possuem meios para o restabelecimento da credibilidade da lei no processo legislativo. Utilizou-se o método jurídico-dedutivo na pesquisa bibliográfica, com marco teórico na teoria do (...) Estado de Direito, de Jacques Chevallier e na Legística, que visa impulsionar a produção eficiente e eficaz da norma jurídica. (shrink)

O trabalho analisou as propostas legislativas do novo marco legal do setor mineral de 2013 a 2020 para descrever os seus avanços, retrocessos e tendências. No âmbito da vertente jurídico-descritiva de pesquisa, o estudo tem caráter diagnóstico, razão pela qual procedeu-se ao levantamento e análise de dados primários e secundários sobre o assunto sob a ótica da legística. Mesmo tendo sido aprovadas legislações sobre o tema, o novo marco legal do setor mineral não foi editado. Como tendência, observou-se que os (...) novos PLs apresentados para votação referem-se à questão socioambiental da mineração, que fará parte dos debates do PL 5807/2013. (shrink)

This article derives from my participation in the II Congress of Childhood Studies: Politicizations and Aesthetics, held in September 2019, at UERJ/Maracanã. My speech entitled Childhoods, Culture and Intergenerational Relations in everyday life, was delivered in the conference “The ethnic-racial issue and the generational issue in childhood” having at its core extreme burning issues in Childhood Studies: both ethnic-racial and generational issues, arguing how these intersecting points have effects on the daily life of Brazilian children, especially children from the popular (...) classes who live in the outskirts of the big cities, such as the slums and urban borders of the state of Rio de Janeiro. In this pre-text, I chose to speak of this Other, named the child from the popular classes, the one who lives in the outskirts, in slums and popular areas. Those who, despite being infants deprived of speech, dare to speak among themselves and are spoken of by us, teachers and researchers of childhood. Considering our proposal of establishing conversation as a device for an encounter, I tried to speak of this Other, using my notes from the day of the conference, and the voices of authors with whom I dialogue in my studies, researches and daily work in different territories of the city, understanding the contemporary city as a place of encounters, both good and bad. Above all, the city is a place of intergenerational meetings where the co-existence is possible. (shrink)

The growth in international trade in recent years necessitates a better understanding of customs and expectations in cross-cultural negotiations. While several researchers have sought to examine and detail the similarities and differences between select countries, their data have generally been obtained under neutral or unspecified negotiating conditions. However, issue importance, opponent (prowess, ethical reputation), and context (location, confederate awareness, urgency) can play a significant role in the use of negotiating tactics. This paper describes a study comparing the perceptions of one (...) hundred and forty-two current and future business professionals from two emerging trade partners, Brazil and the United States, regarding the appropriateness and likely use of five categories of negotiation tactics under seven challenging or unfavorable negotiating conditions commonly faced by negotiators. The results indicate an overall conditional effect for both attitudes (perceived appropriateness) and intentions (likelihood of use). In addition, while no significant difference in perceived appropriateness was found due to country, there were differences in likely use due to country for six conditions-behaviors. (shrink)

This study investigated teachers' views of forgiveness and institutional pardon for conflict resolution at schools. We asked, "Should teachers endorse student resolution of interpersonal conflicts at school by asking for forgiveness and forgiving?" "Considering that students' conflict led to behaviours that violated norms in the school, should schools pardon students' misconduct if students effectively used forgiveness for interpersonal conflict resolution?" Finally, "Is an internal and autonomous orientation for forgiveness related to social harmony or interpersonal ethics of care?" Fifty-three participants answered (...) a background information questionnaire and two dilemmas. Findings showed that teachers endorse forgiveness as social expectation, a humanitarian, moral response to conflicts at conventional levels. Teachers do not endorse institutional pardon because they do not perceive forgiveness as being related to resolving social issues. Opposition to forgiveness and pardon was supported by authoritarian, discipli narian views of education. (shrink)

Escrito en tiempos pandémicos, socializamos en el artículo los diálogos del Grupo Voces de la Educación con los movimientos docentes latinoamericanos que realizan investigaciones desde la escuela y la comunidad. Defendemos la pluralidad, diversidad y potencia de tales experiencias en la producción de otros procesos formativos, que nos llaman a la construcción de solidaridades necesarias para afrontar la barbarie de los tiempos actuales.

Este artigo procura lidar com as batalhas travadas pela memória na pós-transição democrática vivenciada pelo Chile a partir da análise do filme “Não”, de Pablo Larraín. O objetivo é pensar nas produções audiovisuais como um lugar privilegiado de disputa pela memória. Examinaremos como a obra, terceira de uma trilogia sobre a ditadura civil-militar chilena, procura retratar as campanhas do SIM e do NÃO antes do plebiscito de 1988, em que se decidiu sobre o destino da ditadura de Pinochet. Será analisada, (...) igualmente, a mistura que o filme faz de diferentes épocas históricas através de um amálgama entre imagens arquivísticas, personagens reais e cenas da ficção. (shrink)

A review of Barbara Maria Stafford’s Echo Objects: The Cognitive Work of Images (Chicago and London: University of Chicago Press, 2007, 281 pp. ISBN: 978-0-226-77051-2).

Resumo O artigo pretende apresentar as principais linhas temáticas da poética de Adélia Prado, escritora que do primeiro ( Bagagem , 1976) ao último livro ( A duração do dia , 2010) tem surpreendido público e crítica com a articulação de temas que o senso comum considera divorciados, mais propriamente, uma religiosidade mística e uma erótica candente. Pensar o erótico e o místico em Adélia é pensar o humano circunscrito pelo horizonte da morte, sabendo-se que, mais do que uma temática, (...) esses são elementos estruturadores e sustentadores dessa poética que se enraíza em uma corporeidade extrema que assume corpo e linguagem como abertos para o sagrado. Entretanto, ainda que religiosa, sua poesia não é ingênua ou catequética e, a experiência mística, à semelhança do que acontece com os grandes místicos Teresa de Avilla e São João da Cruz, se dá no corpo, que se torna porta de abertura para o mistério: ' o mistério vai se mostrar através do corpo' , diz-nos uma das personagens adelianas. Palavras-chaves: Adélia Prado; Mística; Erotismo; Poesia.The article aims to present the main themes of the poetry of Adelia Prado, a writer who since the first book (Bagagem, 1976) to the last (A duração do dia, 2010) has surprised audiences and critics with the articulation of issues that common sense believes divorced, more properly, a mystical religiosity and a burning eroticism. Thinking about the erotic and the mystical in Adelia Prado´s poetry means thinking about human being as circumscribed by the horizon of death, knowing that more than a simple theme, these are elements of a structured and sustained poetry that is rooted in a extreme corporeality that assumes body and language as always open to the sacred. However, although religious, his poetry is neither naive nor catechetical. Such mystical experience, similar to what happens with the great mystics Santa Tereza de Avilla and São João da Cruz, takes place in the body, which becomes the gateway to the mystery. Keywords : Adélia Prado; Mystic; Eroticism; Poetry. - DOI: 10.5752/P.2175-5841.2012v10n25p104. (shrink)

Relativism has been, in its various guises, both one of the most popular and most reviled philosophical doctrines of our time. Defenders see it as a harbinger of tolerance and the only ethical and epistemic stance worthy of the open-minded and tolerant. Detractors dismiss it for its alleged incoherence and uncritical intellectual permissiveness. Debates about relativism permeate the whole spectrum of philosophical sub-disciplines. From ethics to epistemology, science to religion, political theory to ontology, theories of meaning and even logic, philosophy (...) has felt the need to respond to this heady and seemingly subversive idea. Discussions of relativism often also invoke considerations relevant to the very nature and methodology of philosophy and to the division between the so-called “analytic and continental” camps in philosophy. And yet, despite a long history of debate going back to Plato and an increasingly large body of writing, it is still difficult to come to an agreed definition of what, at its core, relativism is, and what philosophical import it has. This entry attempts to provide a broad account of the many ways in which “relativism” has been defined, explained, defended and criticized. (shrink)

Relativism, roughly put, is the view that truth and falsity, right and wrong, standards of reasoning, and procedures of justification are products of differing conventions and frameworks of assessment and that their authority is confined to the context giving rise to them. More precisely, ‘relativism’ covers views which maintain that—at a level of high abstraction—at least some class of things have properties they have not simpliciter, but only relative to a given framework of assessment, and correspondingly, that the truth of (...) claims attributing these properties holds only once the relevant framework of assessment is specified or supplied. Relativists characteristically insist, furthermore, that if something is only relatively so, then there can be no framework-independent vantage point from which the matter of whether the thing in question is so can be established. Relativism has been, in its various guises, both one of the most popular and most reviled philosophical doctrines of our time. Defenders see it as a harbinger of tolerance and the only ethical and epistemic stance worthy of the open-minded and tolerant. Detractors dismiss it for its alleged incoherence and uncritical intellectual permissiveness. Debates about relativism permeate the whole spectrum of philosophical sub-disciplines. From ethics to epistemology, science to religion, political theory to ontology, theories of meaning and even logic, philosophy has felt the need to respond to this heady and seemingly subversive idea. Discussions of relativism often also invoke considerations relevant to the very nature and methodology of philosophy and to the division between the so-called ‘analytic and continental’ camps in philosophy. And yet, despite a long history of debate going back to Plato and a still developing large body of writing, it is still difficult to come to an agreed definition of what, at its core, relativism is, and what philosophical import it has. This entry attempts to provide a broad account of the many ways in which ‘relativism’ has been defined, explained, defended and criticized. (shrink)

The article proposes an analysis of imperatives and possibility and necessity statements that (i) explains their differences with respect to the licensing of free choice any and (ii) accounts for the related phenomena of free choice disjunction in imperatives, permissions, and statements. Any and or are analyzed as operators introducing sets of alternative propositions. Free choice licensing operators are treated as quantifiers over these sets. In this way their interpretation can be sensitive to the alternatives any and or introduce in (...) their scope. (shrink)

The incommensurability thesis, as introduced by T.S. Kuhn and P.K. Feyerabend, states that incommensurable theories are conceptually incompatible theories which share a common domain of application. Such claim has often been regarded as incoherent, since it has been understood that the determination of a common domain of application at least requires a certain degree of conceptual compatibility between the theories. The purpose of this work is to contribute to the defense of the notion of local or gradual incommensurability, as proposed (...) by late Kuhn. The application of this notion would allow to render the incommensurability thesis coherent. To support this view, a typical example of incommensurability will be formally analyzed by applying the structuralist metatheory developed, among others by W. Balzer, C.U. Moulines and J.D. Sneed. The structural reconstruction of the relation between the phlogiston theory and the oxygen theory offered here will reveal that they are locally incommensurable, and will even make possible to determine the ontological reduction relation that they also exemplify. (shrink)

Following a previous article where I defined how a concept becomes a weapon of ideological wars, this article seeks to clarify why there are semantic connections of the actual concept of ‘populism’ with the semantics of the concept of crisis. My key argument is to focus on how actors use the concept of populism on the public sphere with the goal to inspire fear instead of allowing citizens and theorists to understand what is behind our present political–economic crisis. In my (...) view, both theorists and politicians should be aware how a concept that lacks any precision does not help us to understand our present moment of crisis. We must use other tools and the help of historians to understand why has neo-liberal politics unleashed this present crisis. (shrink)

The book examines how Darwinism has been used to explain novelty and change in culture through the Darwinian approach to creativity and the theory of memes. The first claims that creativity is based on a Darwinian process of blind variation and selection, while the latter claims that culture is based on and explained by units - memes - that are similar to genes. Both theories try to describe and explain mind and culture by applying Darwinism by way of analogies. Kronfeldner (...) shows that the analogies involved in these theories lead to claims that give either wrong or at least no new descriptions or explanations of the phenomena at issue. Whereas the two approaches are usually defended or criticized on the basis that they are dangerous for our vision of ourselves, this book takes a different perspective: it questions the acuteness of these approaches. Darwinian theory is not like a dangerous wolf, hunting for our self image. Far from it, in the case of the two analogical applications addressed in this book, Darwinian theory is shown to behave more like a disoriented sheep in wolf's clothing. - A revised and much shortened version of a dissertation (2007, Darwinism, Memes and Creativity: A Critique of Analogical Reasoning from Nature to Culture). (shrink)

This contribution explores how Forrester’s work on cases has opened up an arena that might be called ‘the medical case as a travelling genre’. Although usually focused on the course of disease in an individual patient and authored mostly by one medical author, medical case histories have a social dimension: Once published, they often circulate in networks of scholars. Moreover, scholars of the history of literature have shown that numerous medical cases seem to travel easily beyond the context of medical (...) science into the realm of popular literature and journalism. After tracing the idea of cases travelling in Forrester’s Thinking in Cases, I discuss several contributions by authors who, in the wake of interdisciplinary research on cases in the past two decades, have dealt in different ways with this idea. In the third section, I present my own research on a case of self-crucifixion that was widely discussed in 19th-century Europe. I suggest that understanding the case as a ‘traveling genre’ – an expression borrowed from literary genre theory – highlights the role of readers and publication formats as constitutive for cases, and enables us to see more clearly what cases do for scientists and writers who work with them. (shrink)

In this paper I want to leave behind the failed attempts to think about populism as ideology, strategy, style, or even discourse. I will focus on the ‘conceptual battles of politics’ and their potential to influence actors to pursue and effect specific ends. Reinhart Koselleck and his ideas about conceptual history will figure prominently in my discussion, as will his concept of asymmetrical combat-concept as a means of unleashing a theoretical and political war. The goal is to demonstrate that concepts (...) have taken the place of weapons of war among political actors. (shrink)

Three studies were conducted to examine the relation of spatial visualization to solving kinematics problems that involved either predicting the two‐dimensional motion of an object, translating from one frame of reference to another, or interpreting kinematics graphs. In Study 1, 60 physics‐naíve students were administered kinematics problems and spatial visualization ability tests. In Study 2, 17 (8 high‐ and 9 low‐spatial ability) additional students completed think‐aloud protocols while they solved the kinematics problems. In Study 3, the eye movements of fifteen (...) (9 high‐ and 6 low‐spatial ability) students were recorded while the students solved kinematics problems. In contrast to high‐spatial students, most low‐spatial students did not combine two motion vectors, were unable to switch frames of reference, and tended to interpret graphs literally. The results of the study suggest an important relationship between spatial visualization ability and solving kinematics problems with multiple spatial parameters. (shrink)

En un interesante y polémico texto publicado por Alejandro Pinzani y Nuria Sánchez Madrid en 2016, bajo el título “The State Looks Down: Some Reassessments of Kant’s Appraisal of Citizenship”, los autores plantean una pregunta a la que aludo en el título del presente trabajo: Kant ¿liberal? ¿republicano? ¿o ambas cosas?, decantándose finalmente por un “ambas cosas”. Procuro discutir ciertas consideraciones sobre la distinción entre ciudadanía pasiva y activa; y la tesis que afirma que: por su clara aversión ante la (...) intervención del Estado en materia económica –incluso en casos de privación material- Kant podría ser enrolado en una posición liberal clásica en la que el Estado no debe intervenir en el status quo económico, pues se trata de transacciones privadas entre individuos libres. (shrink)

Conveying emotions in spoken poetry may be based on a poem’s semantic content and/or on emotional prosody, i.e. on acoustic features above single speech sounds. However, hypotheses of more direct sound–emotion relations in poetry, such as those based on the frequency of occurrence of certain phonemes, have not withstood empirical (re)testing. Therefore, we investigated sound–emotion associations based on prosodic features as a potential alternative route for the, at least partially, non-semantic expression and perception of emotions in poetry. We first conducted (...) a pre-study designed to validate relevant parameters of joy- and sadness-supporting prosody in the recitation, i.e. acoustic production, of poetry. The parameters obtained thereof guided the experimental modification of recordings of German joyful and sad poems such that for each poem, three prosodic variants were constructed: one with a joy-supporting prosody, one with a sadness-supporting prosody, and a neutral variant. In the subsequent experiment, native German speakers and participants with no command of German rated the joyfulness and sadness of these three variants. This design allowed us to investigate the role of emotional prosody, operationalized in terms of sound-emotion parameters, both in combination with and dissociated from semantic access to the emotional content of the poems. The findings from our pre-study showed that the emotional content of poems (based on pre-classifications into joyful and sad) indeed predicted the prosodic features pitch and articulation rate. The subsequent perception experiment revealed that cues provided by joyful and sad prosody specifically affect non-German-speaking listeners’ emotion ratings of the poems. Thus, the present investigation lends support to the hypothesis of prosody-based iconic relations between perceived emotion and sound qualia. At the same time, our findings also highlight that semantic access substantially decreases the role of cross-language sound–emotion associations and indicate that non-German-speaking participants may also use phonetic and prosodic cues other than the ones that were targeted and manipulated here. (shrink)

No altar da Igreja de Santa Maria della Vittoria, encontramos a bela escultura de Bernini, denominada “O êxtase de Santa Teresa”. Símbolo da entrega ao gozo espiritual, a escultura do artista italiano representa Santa Teresa de Ávila recebendo do anjo a seta do amor divino, reprodução perfeita do êxtase místico e religioso. Esse trabalho tem como objetivo analisar a ocorrência de Teresas na literatura brasileira, como heroínas divididas entre o sacro e o profano. Propomos o estudo do romance (...) class='Hi'>Tereza Batista: cansada de guerra, de Jorge Amado, a partir da intertextualidade com a tradição literária baiana, de Gregório de Matos e Castro Alves, e em contraponto ao pensamento religioso da obra lírica de Santa Teresa de Ávila, em diálogo com a escultura extática da santa, criada por Gian Lorenzo Bernini.Palavras-chaves: Santa Teresa de Ávila. Jorge Amado. Castro Alves. Gregório de Matos. Sagrado. Profano.At the altar of the Church of Santa Maria della Vittoria, is located the Bernini’s sculpture, called "The Ecstasy of St. Teresa." Symbol of surrender to spiritual joy, the sculpture by the Italian artist represents St. Teresa of Avila affected by the arrow of the Angel, perfect reproduction of the religious and mystical ecstasy. This article aims to analyze the occurrence of Teresas in Brazilian literature, as heroines divided between the sacred and the profane. We propose to study of the novel Tereza Batista: cansada de guerra, by Jorge Amado, from the intertextuality with the literary tradition of Bahia, of Gregorio de Mattos and Castro Alves, and in opposition to the religious thought of the lyrical work of St. Teresa de Ávila, in dialogue with the ecstatic sculpture of St. Tereza, by Gian Lorenzo Bernini.Keywords: St. Teresa of Ávila. Jorge Amado. Castro Alves. Gregório de Mattos. Sacred. Profane. (shrink)

The present paper proposes an emergentist reading of Peirce, with special reference to his concept of evolution. Although the author never adopts the word “emergence” in a technical manner, it will be demonstrated that the core problem of emergence lies at the heart of his evolutionary doctrine, generally displayed by the interplay of his three well-known categories of Firstness, Secondness and Thirdness. Indeed, although the Classical pragmatists most quoted in connection to emergentism are Dewey and Mead (and William James to (...) some degree), scholars have recently suggested some emergentist readings of Peirce’s thought (cf. above all Tiercelin 1998, Quieroz & El-Hani 2006, Rose 2016), in particular with regard to semiotic process and cosmogony. Exploring further the path opened by those researches, the present paper aims to clarify the theoretical problem of emergent evolution from a pragmatist perspective and especially to illustrate Peirce’s emergentist standpoint. In order to reach this goal, the article is divided into four parts: after (1) a brief introduction to the contemporary debates on emergence, (2) I give a historical overview of Classical Pragmatism and British Emergentists, (3) with a special focus on the common roots of the British Emergentists and Peirce on evolution. Finally, (4) I offer an emergentist reading of Peirce’s theory of evolution. In particular, I show how his strong emphasis on chance and the “growth” of the universe go together with his arch-stone of synechism (that is his theory of continuity), through what he calls agapasm. (shrink)

The disjunction effect (Tversky & Shafir, 1992) occurs when decision makers prefer option x (versus y) when knowing that event A occurs and also when knowing that event A does not occur, but they refuse x (or prefer y) when not knowing whether or not A occurs. This form of incoherence violates Savage's (1954) sure-thing principle, one of the basic axioms of the rational theory of decision making. The phenomenon was attributed to a lack of clear reasons for accepting an (...) option (x) when subjects are under uncertainty. Through a pragmatic analysis of the task and a consequent reformulation of it, we show that the effect does not depend on the presence of uncertainty, but on the introduction of non-relevant goals into the text problem, in both the well-known Gamble problem and the Hawaii problem. (shrink)

The paper questions an official narrative of Soviet Marxism that had been formulated both by the Bolshevik leaders and the Western European Marxists. It proposes to shift the discussion from a historically constituted understanding of Soviet Marxism as a partisanship of theory to the epistemic conditions of Marxism after the October Revolution. The paper argues that a post-revolutionary Soviet logic assumes that theory should start where Marx ended and that it should act in a Marxist fashion across all conceptual and (...) practical realms. Instead of asking ‘how’, the Soviet thought returns to the old pre-critical question of ‘what is’, and reformulates this ‘what is’ in the Marxist post-critical terms. Constructing a new critical concept of Soviet Marxism, the paper proceeds with the analysis of the post-critical status of knowledge after the revolution and recovers forgotten and repressed epistemological alternatives to orthodox Bolshevism. (shrink)

O artigo explora a relação do ser humano com o inefável e quais os caminhos para a presença de Deus na consciência religiosa, de acordo com Abraham Heschel, através da visão bíblica de mundo, nas seguintes categorias: sublime, maravilhoso, mistério, temor e glória. O resgate desses sentimentos dentro da religião é fundamental para a experiência da fé.

Knowledge production is not free of political connotations. The researcher defines and moulds the research situation in which she will be gathering the data. Simultaneously, she will be also condit...

Does responsible leadership matter when assembling an inclusive supply chain at the Base-of-the-Pyramid? Current literature implicitly assumes that it does not. BOP scholars initially focused on the importance of shaping innovative and disruptive offerings, with radically improved price–performance ratios. Subsequent studies tended to focus on barriers to implementation of large-scale ventures at the BOP. Their common characteristic was the fact that the attributes and roles of the individuals involved were deemed unimportant. If the opportunity was there, provided barriers were removed (...) and the right value proposition was offered, the inclusive venture should take off. We evaluate three cases of leaders who succeeded in building inclusive ventures at the BOP, in contexts marked by institutional voids—where formal markets were weakly structured or nonexistent. Building a viable business under those circumstances entailed two tasks: imagining what is possible and then turning that vision into a reality. We found that, in carrying out those tasks, individuals do matter. Sampled cases show that working with nontraditional partners in inclusive supply chains requires more than aligning material incentives. Our analysis suggests that responsible leadership with a strong ethical foundation can provide powerful leverage to ensure buy-in and commitment from the various actors involved. We show how RL can impact organizations and external stakeholders through positive upward spirals. Our analysis contributes to the literature on BOP and RL by confirming, extending, and challenging existing knowledge. We propose two novel attributes and argue that context matters, influencing how RL is operationalized and defined. Understanding the critical role of RL in the construction of inclusive supply chains adds a critical missing link that sheds light into the micro level of new business creation, development, and consolidation at the BOP. (shrink)