Gilbert's kisceral argumentation is, roughly speaking, about arguing based on intuitions. In the forefront of such a (rhetorical) model are arguers and audiences, who resolve disagreements using kisceral arguments. Intuitions as reasons were more important in pre-modern law, when the law was not as explicit, precise, and determinate as today. Law influenced by religion or religious law was a typical example. In our much more secular modern era, intuitions are more or less subordinated to the (legal) logical mode of arguing. (...) However, in tough legal cases, when logic "runs out," it is values that decide them. Not surprisingly, neuroscience and cognitive psychology have shown a strong connection between values and intuition. (shrink)

Throughout history the image of the non-Jew in Judaism has profoundly influenced the way in which Jews interact with non-Jews. It has also shaped the understanding that Jews have of their own identity, as it determines just what distinguishes them from the non-Jews around them. A crucial element in this is the concept of Noahide law, understood by the ancient rabbis and subsequent Jewish thinkers as incumbent upon all humankind, unlike the full 613 divine commandments of the Torah, which are (...) incumbent on Jews alone. The approach adopted in this now classic study is to consider the history of the idea of Noahide law, and to show how the concept is relevant to practical discussions of the halakhah pertaining to non-Jews and to relations between Jews and non-Jews. The seven chapters that make up the first part of the study examine each of the Noahide laws in turn, with a view to showing their halakhic development in the rabbinic sources, in the codes, and in the responsa literature. The discussion draws primarily on classical texts by traditional commentators as they attempt to deal with living issues from the rabbinic world as equally vital concerns in their own time. The second part deals with the theory of Noahide law, concluding with a consideration of why it is an appropriate starting point for Jewish philosophy today. (shrink)

This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jung's psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book (...) describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did. (shrink)

Throughout the greater part of the twentieth century, both in the analytic and continental traditions, metaphysics was deemed to be passé. The last few decades, however, have witnessed a remarkable growth of interest among analytic philosophers in various traditional metaphysical topics, such as modality, truth, causality, etc. which resulted in the emergence of various forms of analytic metaphysics. The new forms of metaphysics differ from its traditional forms mostly in their methodology and in the range of proposed solutions to particular (...) problems. Besides these and other differences, however, there are also many similarities and there are even some who intentionally develop traditional metaphysical themes using the contemporary analytical methods. All these developments call for detailed exploration, which is the general goal of the present publication Metaphysics: Aristotelian, Scholastic, Analytic. The publication is the fruit of the conference which took place in Prague in 2010 and which had for its aim to bring together those willing to explore relations between the traditional and contemporary concerns, both from among the leading analytic philosophers working in metaphysics and the historians of philosophy devoted to the study of the metaphysical tradition. The specific focus of the conference was a re-examination of topics such as categories, metaphysical structure, substance and accident, existence, modalities, and predication. (shrink)

Is lasting happiness possible? Everyone wants happiness. We chase after it daily, looking for it in relationships, careers, financial security, good health... In other people. Happiness is so conditional, depending on circumstances over which we have no control. No wonder it eludes us. What if there were a way to be happy all the time... to experience joy without conditions? Touch of Joy shows how to find that joy.

In a time marked by the development of innovative treatments in healthcare and the need for health professionals to deal with resulting ethical dilemmas in clinical practice, this study was developed to determine the influence of the bioethics teaching on the moral competence of medical and nursing students. The authors conduct a longitudinal study using the Moral Competence Test extended version before and after attending the ethics curricular unit, in three nursing schools and three medical schools of Portugal. In this (...) questionnaire the participant is confronted with three ethical dilemmas and asked to evaluate arguments for and against the attitude of the main character. For both nursing and medical students, C-score was lower after the attendance of the ethics curricular units, with a statistically significant decrease in the total score for nursing students and a decrease not statistically significant for medical students. A multivariate analysis did not find any association between this decrease and gender, course, or age. The phenomenon of moral segmentation was observed, with better performance in the worker and judge dilemma, than in the doctor dilemma. These results highlight the need to reflect on the curricular strategies that can be implemented for health professionals to better develop moral competence and decision-making, allowing for the provision of humanized health care. (shrink)

aborda el pensamiento del sociólogo judío-alemán Norbert Elías (1897-1990) relativo a su teoría histórico-genética de la cultura y al desarrollo psíquico humano. También presenta el origen y la evolución de la Sociología antropológica, al igual que analiza el fundamento de las Ciencias Sociales respecto al origen de las civilizaciones y la cultura, así como los avances empíricos de la etnografía.

Both in opera studies and in most operatic works, the singing body is taken for granted. Jelena Novak reintroduces an awareness of the physicality of the singing body to opera studies. Arguing that the body-voice relationship itself is a producer of meaning, she furthermore posits this relationship as one of the major driving forces in recent opera. She takes as her focus six contemporary operas - La Belle et la Bête, Writing to Vermeer, Three Tales, One, Homeland and La (...) Commedia and dissects the singing body as a set of rules, protocols, effects, strategies. (shrink)

The permanent struggle for optimisation can be seen as one of the most significant cultural principles of contemporary Western societies: the demand for improved performance and efficiency as well as the pursuit of self-improvement are con-sidered necessary in order to keep pace with an accelerated, competitive modern-ity. This affects not only work and education, but also family life, parent–child relationships and intimate relationships in respect to the body and the self, in regard to the public as well as the private (...) realm. Bringing together contributions from renowned scholars from the fields of sociology, psychology and psycho-analysis, this book explores the impacts of optimisation on culture and psyche, examining the contradictions and limitations of optimisation, in conjunction with the effects of social transformations on individuals and shifts in regard to the meaning of ‘pathology’ and ‘normality’. (shrink)

Práce, která uvádí do živé problematiky vědecké estetiky, řeší v první části problémy a úkoly estetiky, obrací se k jejímu předmětu, ke krásnu a umění, obírá se významem signální teorie pro estetiku, poměrem člověka k obrazu astavbě i pokrokem v hudbě a umění vůbec. Do druhé části jsou zařazeny vybrané kapitoly jednak z dějin řecké, jednak z české estetiky.

With the passing of disputations between Jewish and Christian thinkers as to whose tradition has a more universal ethics, the task of Jewish and Christian ethicists is to constitute a universal horizon for their respective bodies of ethics, both of which are essentially particularistic being rooted in special revelation. This parallel project must avoid relativism that is essentially anti-ethical, and triumphalism that proposes an imperialist ethos. A retrieval of the idea of natural law in each respective tradition enables the constitution (...) of some intelligent common ground for ethical cooperation in both theory and practice between the traditions. This essay also suggests how the constitution of this common ground could include Muslims as well. The constitution of this common ground enables religious ethicists to present more cogent ethical arguments in secular space, but only of course, when those who now control secular space are open to arguments from members of any religious tradition. (shrink)

: An analysis of traditional Jewish texts yields neither the capitalist notion of medicine nor the socialist one. Neither alternative is sufficient to ground the respect for the sanctity of the human person as a being created in the image of God that is so rationally appealing. That is why the Jewish ethical tradition, which is based on this respect for the sanctity of human personhood, both individual and collective, is so attractive—if only for its insights, rather than its authority; (...) its guidance, rather than its governance. (shrink)

We show that in the Maxwell–Lorentz theory of classical electrodynamics most initial values for fields and particles lead to an ill-defined dynamics, as they exhibit singularities or discontinuities along light-cones. This phenomenon suggests that the Maxwell equations and the Lorentz force law ought rather to be read as a system of delay differential equations, that is, differential equations that relate a function and its derivatives at different times. This mathematical reformulation, however, leads to physical and philosophical consequences for the ontological (...) status of the electromagnetic field. In particular, fields cannot be taken as independent degrees of freedom, which suggests that one should not add them to the ontology. (shrink)

Many arguments have been made against gene editing. This paper addresses the commonly invoked argument that gene editing violates human dignity and is ultimately a subversion of human nature. There are several drawbacks to this argument. Above all, the concept of what human dignity means is unclear. It is not possible to condemn a practice that violates human dignity if we do not know exactly what is being violated. The argument’s entire reasoning is thus undermined. Analyses of the arguments involved (...) in this discussion have often led to the conclusion that gene editing contravenes the principle of genetic identity (genetic immutability) thereby subverting a requisite of human dignity and ultimately threatening human nature. This paper refutes these arguments and shows that any opposition to gene editing cannot rely on the human dignity argument. (shrink)

FAMÍLIAS SIMULTÂNEAS: UM DIÁLOGO SÓCIO-JURÍDICO.

PROGRAMA DE AGRESSORES COMO PARTE DA RESPOSTA COORDENADA DA COMUNIDADE – A EXPERIÊNCIA DO GRUPO REFLEXIVO DE HOMENS NO MINISTÉRIO PÚBLICO DO RIO GRANDE DO NORTE.

Direitos humanos e o tráfico de drogas : a repercussão do caso "Matemático" nas redes sociais de um debate concreto -- Drogas e governamentalidade : uma análise crítica da recente política criminal legislativa uruguaia -- Entre gritos e jeitinhos : a velha sedução das práticas autoritárias e alguns desafios para uma justiça de transição no Brasil -- "Abolicionismo Real" e liberdade : reflexões em tempos de necessidade de (auto)crítica acadêmica -- Contribuições do abolicionismo de Mathiesen para a realidade punitiva/encarceradora brasileira.

Gift of utterance: expanding vocabularies for truth -- Dainty as candle-lights: veiled truths and shadowy lies -- Philomela and the risk of history -- Truth: a muddy sprout -- No auditors in the courtroom of history.