Freethinking seems to be desirable because the human being is seen as an independently thinking being. However, as is well known, freethinking should not be taken for granted: ideological indoctrination, manipulation and propaganda, inter alia, are versatile tools for rulers and, in consequence, regularly repeated phenomena. One of the most drastic intellectual turning points in history occurred in the seventeenth and eighteenth centuries, when the incontestable religious world view of European civilization changed along with early modern science and the Age (...) of Enlightenment. Although freethinking and religion do not have to be thought of as opposed, the period in question includes instances of complex and delicate phenomena, which in this article are termed intellectual purism and socio-intellectual control. The discussion includes how five thinkers operated in a restrictive politico-religio-theological framework and how they manifest religious deviance. (shrink)

This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.

Ricoeur, Culture, and Recognition: A Hermeneutic of Cultural Subjectivity presents Ricoeur’s work from the beginning to its end in form of a cultural theory and proposes a cultural hermeneutic that clarifies the cultural facilitation in a person’s process of attaining a sense of being a human. This exploration of human being as profoundly formed and influenced by the cultural condition also enables a new understanding of intercultural questions by revealing the common human condition that the various cultures manifest.

This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of the test. The article (...) then focuses on a further strength of the interest theory, brought to the fore by the new formulation. In any Western legal system, the tortious maltreatment of a child or a mentally disabled individual results in a compensatory duty. The interest theory can account for such duties in a simple and elegant way. The will theory, on the other hand, struggles to explain such compensatory duties unless it abandons some of its main tenets. (shrink)

This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists (...) for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law. (shrink)

In many European countries,organic agriculture has rapidly beentransformed from a farmers' movement to aninstitutionalized part of agricultural policy.In certification, compliance with publishedorganic standards is verified through annualinspections on farms. In Finland, the role ofadvice in organic inspections has been thesubject of debate. Two inspections are usedhere to show how the term organic was definedand what the role of advice in relation tocompliance was. Both compliance and advisorytypes of interaction between the inspector andthe farmer were identified along an axis from “input (...) substitution” to “system redesign.” Thefindings illustrate the heterogeneity of theprocesses and definitions of the term organicin connection with inspections. System redesignwas less obvious in compliance than items ininspection documents suggest. The physicalsurroundings and the methods used affectinspection practices. Institutionalization isnot merely negative, but may also provideresources for system redesign. Whether adviceis part of a new and emerging way of enforcinginspections is considered. The findings suggestthat dialogue and negotiation are necessary inpromoting system redesign and in enhancing thedevelopmental functions of organicinspections. (shrink)

Based on the double character of “as if,” it is argued in this paper that “the surplus of meaning” turns out to be “the surplus of being,” which reveals a human being who interprets his or her own being and also acknowledges this being as be-ing at the same time. In this article, 1) the notion of “as if” is retrieved from Ricoeur’s early work in relation to the “poetics of being” aspired to by him. This leads us to 2) (...) examine the relation between the “semantic surplus” and the “becoming of being.” 3) Addressing the problem of metaphorical reference, the key philosophical problem of poetics, is, therefore, inevitable. Only after this analysis will we 4) be able to consider whether there is a kind of “poetics of being” in the work of Paul Ricoeur. (shrink)

ABSTRACTKeeping an eye on Ricoeur’s philosophical anthropology in particular, this essay maps out Ricoeur’s explicit references to Kierkegaard in the corpus of his major works. Even though many of...

In this essay Schleiermacher’s recasting of sin is taken as a key to his phenomenological analysis of self-consciousness. The notion of sin is grossly misunderstood if read solely in the light of C...

Scholars—philosophers and scientists alike—have recently reintroduced the New Realism movement, which has its roots in the soil of early twentieth-century philosophy, as a challenge to continental philosophy. This essay will propose a “BLT correction” (Bacon, lecture, theatre) in order to criticize, instead of support, the current tendency to underestimate the insightfulness of phenomenological and hermeneutical philosophy. The paper will discuss a hermeneutic of Idols proposed by Francis Bacon, and will conclude by proposing Paul Ricoeur’s correlating inclusion of objectifying explanation (expliquer/comprendre) (...) as a necessary phase in interpretative action. (shrink)

Scholars—philosophers and scientists alike—have recently reintroduced the New Realism movement, which has its roots in the soil of early twentieth-century philosophy, as a challenge to continental philosophy. This essay will propose a “BLT correction” in order to criticize, instead of support, the current tendency to underestimate the insightfulness of phenomenological and hermeneutical philosophy. The paper will discuss a hermeneutic of Idols proposed by Francis Bacon, and will conclude by proposing Paul Ricoeur’s correlating inclusion of objectifying explanation as a necessary phase (...) in interpretative action. (shrink)

This article examines the embeddedness of corporate social responsibility (CSR) communications in strategic planning. By drawing on the idea that talk and texts about CSR are an essential part of responsibility practices, I study how CSR aspirations—responsibility-related organizational self-descriptions, goals, and ideals that the organization cannot yet live up to or that the organizational constituents deem necessary to maintain—are intertwined with strategy texts and strategic episodes. Conducting a qualitative case study on a series of biennial strategy processes over a 20-year (...) period, I show how CSR aspirations are established in authoritative strategy documents during stakeholder interactions, elaborated in consecutive strategic episodes, extended to new business areas, and evaluated in subsequent communications. These findings contribute to the CSR and strategy literature by showing how (a) aspirational talk can be established and perpetuated through recurrent communicative processes, (b) stakeholder engagement in CSR issues can influence strategy texts and how strategy texts become a part of intertextual organizational communications, and (c) strategic context can be conducive to progressive performativity. (shrink)

The chapter argues that the traditional theories of legal personhood, which associate legal personhood with the holding of rights, are outdated and should be reassessed. Many modern theories of rights come into conflict with our convictions regarding who or what is a legal person. For instance, most jurists would agree that foetuses are not natural persons but new-born children are. However, if we apply the so-called interest theory of rights, we will note that foetuses hold various rights, such as rights (...) against certain forms of abortion. If right-holding entails legal personality, then foetuses are already legal persons. On the other hand, if we apply the will theory, which associates right-holding with the power to control others’ duties, then infants do not hold any rights at all – and are consequently not legal persons. This is why the chapter outlines an alternative theory of legal personhood. The main tenets of the theory are: (1) legal personality is not binary but rather a matter of degree, and (2) X’s legal personality involves primarily the endowment of X with incidents of legal personhood, much like ownership can be understood as consisting of separate but interconnected incidents. Rather than being a “solved” theoretical issue, the definition of legal personhood should occupy theorists more in the future. (shrink)

A relatively recent form of animal activism is lawsuits intended to declare some animals as legal persons. A pioneer of this approach is the U.S.-based Nonhuman Rights Project. This organization’s primary strategy has been to invoke the writ of habeas corpus, which protects the right to personal freedom of “persons.” The article criticizes the notion of legal personhood that the NhRP is employing and explains how an alternative understanding of legal personhood could perhaps make nonhuman rights more palatable for courts.

The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, (...) and things as property. The first two definitions are rejected as not being very interesting or serving any heuristic function. Conversely, understanding legal things as property is meaningful, useful, and helps to understand what it means to say that animals are legally things. Defining things as property has certain rather important implications, which are analyzed at the end of the Article. For instance, not everything needs to be either a person or a thing: The historical institution of outlawry involved treating individuals neither as legal persons nor as legal things. One must conclude that the person–thing bifurcation is less fundamental than is often assumed. (shrink)

The number of books at home is commonly used as a proxy for socioeconomic status in educational studies. While both parents’ and students’ reports of the number of books at home are relatively strong predictors of student achievement, they often disagree with each other. When interpreting findings of analyses that measure socioeconomic status using books at home, it is important to understand how findings may be biased by the imperfect reliability of the data. For example, it was recently suggested that (...) especially low-achieving students tend to underestimate the number of books at home, so that use of such data would lead researchers to overestimate the association between books at home and achievement. Here we take a closer look at how students’ and parents’ reports of the number of books at home relate to literacy among fourth grade students, by analyzing data from more than 250,000 students in 47 countries participating in 2011 PIRLS. Contrary to prior claims, we find more downward bias in estimates of books at home among high-achieving students than among low-achieving students, but unsystematic errors appear to be larger among low-achieving students. This holds within almost every country. It also holds between countries, that is, errors in estimates of books at home are larger in low-achieving countries. This has implications for studies of the association between books at home and achievement: the strength of the association will generally be underestimated, and this problem is exacerbated in low-achieving countries and among low-achieving students. (shrink)

We raise the possibility that the roles words typically play in sentence context, rather than their motor or visual associations, determine the organization of language in the brain. We also discuss time-sensitive functional imaging approaches that allow experimentation both on isolated words and connected language.

Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This essay addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinite regress is actually a wholly unproblematic form of infinite recursion. First, the nature of the Hohfeldian recursion is demonstrated. It is shown that infinite recursions (...) of legal positions ensue regardless of whether inalienable rights exist or not. Second, the alleged problems that this might pose for the analysis are discussed. The conclusion is that one should not worry about the recursion as long as one understands correctly the role of the Hohfeldian analysis in normative reasoning. (shrink)

It has been debated whether the so-called attention economy, in which the attention of agents is measured and sold, jeopardizes something of value. One strand of this discussion has focused on so-called attention rights, asking: should attention be legally protected, either by introducing novel rights or by extending the scope of pre-existing rights? In this paper, however, in order to further this discussion, we ask: How is attention already protected legally? In what situations does a person have the right to (...) attention under current law? -/- Unlike (Chomanski, Neuroethics 16:1–11, 2023), who discusses an overall right to attention, or (Puri, Rutgers Law Record 48:206–221, 2021), who discusses an overall right to attentional privacy, in this paper we focus on two types of situations in which a person’s attention is already protected by legal regulation. Sustained attention-requiring tasks can be jeopardized by distractions whereas attentiveness to certain kind of stimuli can be jeopardized by immersive stimuli. That is why distractions are regulated in situations where an agent has what we call a concentration right and immersive stimuli are regulated in situations where an agent has what we call a duty to be attentive. The further analysis of these situations provides an understanding of the legal means by which attention is already regulated, which can be helpful when thinking about how it should be regulated in the future. (shrink)

Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The first (...) part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself. (shrink)

This article looks at the relevance of the concept of self-determination to psychiatric patients by studying the existence, importance and manifestations of self-determination. The data were collected by interviewing long-term patients (n = 72) in one mental health care organization, which included a psychiatric hospital and an outpatient department. Self-determination was defined in terms of the right to decision-making, the right to information, the right of consent, the right to refuse treatment, and the right to be heard and taken into (...) account. It was found that, with the exception of the right to refuse and consent, these rights are indeed present in the practice of psychiatric nursing and that they are relevant and important to psychiatric patients. The patients typically gave ethical, practical and legal reasons for a psychiatric patient's right to self-determination. The main reasons why psychiatric patients said they lacked the right to self-determination were illness and staff authority. Recommendations for educational, clinical and methodological implications for the future in nursing are discussed. (shrink)

RNA polymerase II is recruited to DNA double‐strand breaks (DSBs), transcribes the sequences that flank the break and produces a novel RNA type that has been termed damage‐induced long non‐coding RNA (dilncRNA). DilncRNAs can be processed into short, miRNA‐like molecules or degraded by different ribonucleases. They can also form double‐stranded RNAs or DNA:RNA hybrids. The DNA:RNA hybrids formed at DSBs contribute to the recruitment of repair factors during the early steps of homologous recombination (HR) and, in this way, contribute to (...) the accuracy of the DNA repair. However, if not resolved, the DNA:RNA hybrids are highly mutagenic and prevent the recruitment of later HR factors. Here recent discoveries about the synthesis, processing, and degradation of dilncRNAs are revised. The focus is on RNA clearance, a necessary step for the successful repair of DSBs and the aim is to reconcile contradictory findings on the effects of dilncRNAs and DNA:RNA hybrids in HR. (shrink)

Oswaldo Porchat (1933-2017) foi um dos filósofos brasileiros mais importantes. Professor da Universidade de São Paulo (USP) e da Universidade Estadual de Campinas (Unicamp) e fundador do Centro de Lógica e Epistemologia (CLE-Unicamp), foi um pensador profundo e irrequieto: adaptou o estruturalismo francês a nosso contexto, mergulhou no silêncio da não filosofia, aderiu à filosofia da visão comum do mundo e, finalmente, rendeu-se ao ceticismo, pelo qual se sentira atraído e ao qual tinha resistido por longo tempo. Explica essa fecundidade (...) o fato de que, a seu ver, filosofia e espírito crítico não se dissociam, não havendo verdadeiro espírito crítico se este não for aplicado às próprias ideias. Quando se pensam dessa maneira os temas da verdade, do conhecimento e da razão, difícil é não terminar como cético. Quais ideias resistem ao poder corrosivo da razão crítica? O ceticismo de Porchat, entretanto, está muito distante da imagem desoladora que usualmente se tem dessa corrente filosófica. É antes uma original e refinada atualização do pirronismo antigo à luz da filosofia contemporânea, ousadamente propondo a elaboração de uma visão cética do mundo. Organizado em duas partes, este livro retoma todas essas mudanças pelas quais passou o pensamento de Porchat, ao traçar um quadro detalhado das suas diferentes fases e examinar suas opiniões sobre temas centrais da filosofia. Uma das originalidades desta obra é interpretar o pensamento de Oswaldo Porchat com a mesma atenção e o mesmo cuidado com que outros livros se dedicam a filósofos de outros países, contribuindo para aprofundar o debate filosófico no Brasil, sem perder de vista o estudante que se inicia na leitura da obra desse notável pensador. (shrink)

In November 2011, Citizenship and Immigration Canada paused the parents/grandparents (PGP) sponsorship immigration and announced a new Super Visa program simultaneously to facilitate family reunification, specifically among older adults waiting to be reunified with their children in Canada. We conducted a qualitative study to understand the experiences of immigrant families with the Super Visa Program. In total, 19 semi-structured interviews were conducted in Toronto with Chinese immigrants and parents holding a Super Visa. Our findings revealed that Super (...) Visa program is helpful for family reunification, especially for those whose regular visa applications are not successful. However, Super Visa is still a visitor visa and parents/grandparents have to leave after a maximum of two years. This temporary status of their parents does not promote among immigrants a sense of belonging in Canada, but reinforces their feeling of being treated as “foreigner”. They also debunked the stigma that older parents/grandparents come to Canada for better welfare and are non-contributor and a burden to Canadian society. We observe older parents/grandparents are categorized as “undesirable” and their unpaid contributions to immigrant family and Canada society are rendered invisible. We argue there exits an inherent link between PGP policy changes and social injustice. Behind the negative portrayal of older parents/grandparents and policy changes on them is State’s neoliberal governmentality grounded upon market norms and mechanism. The immigration and social injustice inflicting on older PGP migrants manifests that neoliberal immigration regime is still structurally raced, gendered, classed, and may be intertwined with other stigmatizing dynamics such as ageist, ableist etc. within the State’s power relationship. (shrink)

Esboço de uma perspectiva humana do universo.--Justificação histórica de perspectiva filosófica.--Justificação científica da cosmologia fisica.

In this article, the author discusses the concept of conversion as opposed to conformity to a religious tradition without internal self-assertiveness. A transcendental mission understanding as opposed to an immanent agenda for liberation is proposed as an alternative solution. He analyses the role played and the contributions made by missionary enterprise and the liberation theologies in South Africa as they shaped the path for liberation. The white churches and state theologies sought to produce black conformists to the system; liberation theologies (...) resisted the conformity mentality and fought for an egalitarian and free society. Both movements failed to embrace a transcendental methodology that would go beyond the secular boundaries and bring about transformational and empowering spirituality. This article suggests new spirituality for life and affirmation that would work against self-hate among the previously oppressed and self-guilt among the previously oppressing ruling class. It seeks ways to heal broken relationships through authentic empowerment and transformation. (shrink)

Este trabalho propõe-se atingir dois objetivos: o primeiro é o de reportar para a cultura brasileira uma recente contribuição historiográfica sobre a “ambígua visão” da matéria em Galileu; o segundo é o de desenvolver algumas reflexões filosóficas a partir das sugestões presentes no imaginário do grande cientista italiano. Por um lado iremos abrir uma brecha na interpretação convencional do mecanicismo do Galileu; por outro lado, iremos propor uma operação hermenêutica que visa atualizar o imaginário especulativo de um dos pais (...) da revolução científica do século XVII através da sua comparação com a filosofia do organismo do Alfred North Whitehead - o qual propôs a sua doutrina em alternativa ao mecanicismo materialista -, e com a “física eurítmica”, ou “física do devir”, defendida por José N. R. Croca e o seu grupo de investigação. De facto Galileu, na sua reforma da imagem escolástica do mundo, enfrentou o paradoxo da conciliação do continuo matemático com o atomismo físico, esboçando uma invulgar “solução emergentista”. Desvendar o horizonte metafisico do pensamento do Galileu facultará-nos um acesso histórico filosófico original as questões mais controversas da filosofia da ciência moderna e da mecânica quântica. (shrink)

If migration is more effective than aid for fighting poverty, should it replace aid? Not always. This article proposes a criterion that may be used to distinguish between cases where migration should serve as a substitute for development assistance and cases where it should supplement such aid. According to this criterion, development agendas are poverty-efficient when they lift the largest possible number of people out of poverty. Therefore, to be poverty-efficient, development agendas should always aim to complement aid with policies (...) for pulling people out of poverty. Development assistance that is not poverty-efficient should be abandoned and replaced by migration and other policies that can effectively fight poverty. (shrink)

In this article, I discuss cross-border egg provision by young South African women as a form of traveling biolabor that is critically about embodiment, and aspirations for mobility and cosmopolitanism. The frame of biolabor challenges the frames of altruism/commodification, and choice/coercion, and instead highlights the desires of egg providers, fundamental to the creation and maintenance of the global fertility market. When biolabor crosses borders as traveling biolabor, the analysis can focus on the specificities of inequalities embedded within such reproductive mobility. (...) Traveling or mobility is often a privileged decision and connotes freedom and cultural capital. Yet, when applied to young white egg providers from South Africa, this traveling biolabor relies on a particular kind of biopolitics wherein the reproductive potential of ova/egg is fundamental in facilitating women’s cross-border mobility. I divide the findings sections into three key themes—“cosmopolitan competency,” “alternatives to maternity,” and “productive pain”—to argue that, on the one hand, from recruitment of traveling egg providers to their management, this biolabor is built on the young women’s aspirations for cosmopolitanism. Traveling biolabor becomes a way to escape the normative expectations of their families and the national project of the volksmoeder. On the other hand, the pursuit of these aspirations is critically contingent on management successfully reframing the embodied pain of egg provision as well as the biolaborer’s own maternity. Laborers’ desires and management disciplining tactics converge to sustain the global fertility market. (shrink)

The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.The US-JO FTA includes a preamble, nineteen articles, three annexes, joint statements, memorandums of understanding, and side letters. In addition to the interesting articles on labor and environment, the US-JO FTA provides the opportunity for Jordanian nationals to come to the U.S. to make investments and participate in trade. Under certain conditions, Jordanian nationals can enter the U.S. to render professional services. The purpose of this article (...) is to examine in detail article 8 of the US-JO FTA which relates to entry of nationals of one party into the territory of the other. The article starts by providing a brief background of the negotiation and conclusion of the US-JO FTA. Then, the article analyzes in detail the specific provision related to temporary entry of nationals. The article draws a comparison between US-JO FTA with the North American Free Trade Agreement (NAFTA) and the more recent trade agreements between the U.S., Oman, Bahrain, and Morocco. Finally, the article observes that although the US-JO FTA, like all US FTAs, is designed to permit temporary entry, without intent to establish permanent residence, of persons, the U.S. should have provided Jordan with special and differential treatment for entry of its nationals. Taking into account the special circumstances of Jordan as a developing country with low-income status, high unemployment rate, and lack of resources, movement of business visitors, investors, intra-company transferees, and professionals should have been dealt with leniency so that the FTA could generate effective and real market access. (shrink)