The Uniform Determination of Death Act (UDDA) provides that “an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the (...) other, what matters is the cessation of both spontaneous and artificially supported functions. Because each UDDA criterion uses a different interpretation, the law is conceptually inconsistent. A single consistent interpretation would lead to the conclusion that conscious individuals whose respiratory and circulatory functions are artificially supported are actually dead, or that individuals whose brain is entirely and irreversibly destroyed may be alive. We explore solutions to mitigate the inconsistency. (shrink)

As touch remains commonly defined by the closeness it physically implies and it rhetorically evokes, the mere notion of distant touch and of distal haptic perception seems peculiar. But Aristotle’s perspective, which I wish to take as a point of departure, is firm: we perceive the objects of touch, the hot and the cold, the hard and the soft, the curved and the sharp, through other things: δι' ἑτέρων. In this article, I would like to explore this ἕτερος by showing (...) how the otherness of perception always implies an intermediary, a middle point (μέσος), i.e. an other not so other, an other that is able to translate the much more distant otherness of the perceived object. To explore these forgotten layers of alterity that fall into what we commonly conceive of as the impalpable emptiness of distance, I propose to study the idea of distant touch from the perspective of phenomenological aesthetics. In order to do so, I will first examine some aspects of the Husserlian account of perception and will then focus on the phenomenology of distant touch in Alejandra Costamagna’s novel El Sistema del Tacto [The System of Touch] (2018). (shrink)

Background: Several countries have recently changed their model of consent for organ donation from opt-in to opt-out. We undertook a systematic review to determine public knowledge and attitudes towards these models in Europe. Methods: Six databases were explored between 1 January 2008 and 15 December 2017. We selected empirical studies addressing either knowledge or attitudes towards the systems of consent for deceased organ donation by lay people in Europe, including students. Study selection, data extraction, and quality assessment were conducted by (...) two or more reviewers independently. Findings: Awareness of the consent model was lower in opt-out countries than in opt-in countries. A majority of the public agrees with opt-in, regardless of the law in their own country. There are ambivalent attitudes regarding the opt-out system. The public tend to prefer opt-in and mandatory choice over opt-out when several options are offered. Interpretation: The assumption that people in opt-out countries are aware of the legal requirements to be excluded from the pool of potential donors is not supported by the results of this review. This is a concern, since ignorance hinders people's autonomy regarding organ donation decision-making. Higher awareness of consent model in opt-in countries may reflect greater efforts to inform the public through campaigns to motivate donation. Legal moves towards opt-out are at odds with people's expressed preferences. Main limitations of this review are the lack of data from some countries, study population heterogeneity, and methodological shortcomings. (shrink)

Alireza Bagheri supports a policy on organ procurement where individuals could choose their own definition of death between two or more socially accepted alternatives. First, we claim that such a policy, without any criterion to distinguish accepted from acceptable definitions, easily leads to the slippery slope that Bagheri tries to avoid. Second, we suggest that a public discussion about the circumstances under which the dead donor rule could be violated is more productive of social trust than constantly moving the line (...) between life and death. (shrink)

Laura Specker Sullivan (2022) makes a fairly compelling case for the value of the perspectives of Buddhist practitioners in neuroethics. In this study, Tibetan Buddhist monks have been asked, among other things, whether consciousness, in brain-injured patients in a minimally conscious state, entails a duty to preserve life. In our view, some of the participants’ responses could be used to inform the bioethical debate on death determination.

This dissertation focuses on teleology and functions in biology. More precisely, it focuses on the scientific legitimacy of teleofunctional attributions and explanations in biology. It belongs to a multi-faceted debate that can be traced back to at least the 1970s. One aspect of the debate concerns the naturalization of functions. Most authors try to reduce, translate or explain functions and teleology in terms of efficient causes so that they find their place in the framework of the natural sciences. Our approach (...) here is radically different, as we question the premise that teleological explanations are disguised causal explanations. On the contrary, we defend that they are acceptable in natural sciences and in biology in particular. We challenge the idea that teleological explanations are immature causal explanations, as well as the idea that teleology and functions are some sort of intentional explanations. We therefore reject the accusations of anthropomorphism, vitalism and finalism. On the contrary, we defend that teleology, causality and intentionality correspond to different, autonomous and complementary modes of representation of the outside world. -/- ———[FRANÇAIS]——— -/- Ce travail de thèse porte sur la téléologie et les fonctions en biologie. Plus précisément, il porte sur la légitimité scientifique des attributions et des explications téléofonctionnelles en biologie. Il s’inscrit dans le cadre d’un débat à plusieurs facettes que l’on peut faire remonter au moins jusqu’aux années 1970 et qui est encore très actif aujourd’hui. L’un des aspects du débat porte sur la naturalisation des fonctions, c’est-à-dire sur la manière de les réduire, de les traduire ou de les expliciter en termes de causes efficientes de sorte qu’elles trouvent leur place dans le cadre des sciences de la nature. Notre approche ici est radicalement différente, car nous remettons en question la prémisse selon laquelle les explications téléologiques seraient des explications causales déguisées. Nous défendons au contraire qu’elles sont acceptables en tant que telles aussi bien de façon générale que dans le domaine scientifique et en particulier en biologie. De façon générale, nous remettons en question l’idée selon laquelle la pensée téléologique serait une pensée causale immature, ainsi que sa dépendance présumée vis-à-vis de la psychologie, c’est-à-dire de l’intentionnalité. Nous rejetons donc les accusations d’anthropomorphisme, de vitalisme et de finalisme formulées contre elle. Nous défendons au contraire que la téléologie, la causalité et l’intentionnalité correspondent à des modes différents, autonomes et complémentaires de représentation du monde extérieur. (shrink)

The classification of preserved hypothalamic activity in brain death and brainstem death as functional or non-functional has become a subject of debate. While proponents of the neurological criterion claim that these activities lack functional significance (Shemie et al. 2014), Nair-Collins and Joffe (2023) argue for their functional physiological role. However, the interpretation of the term "function" within the medico-legal framework, where death is characterized by the irreversible cessation of all brain functions, remains unclear. -/- My intention here is not to (...) engage in a debate over the validity of different viewpoints regarding the functional significance of preserved activities in the hypothalamus or the heart. Rather, I aim to highlight the critical importance of exploring and defining the concept of function in medicine, which currently lacks clarity. My point is that, whatever our position in the brain death debate, reaching a consensus on this conceptual matter would minimize misunderstandings and establish a robust foundation for further insightful analysis. (shrink)

The work of Emmanuel Levinas has been both abundantly recognized and criticized in moral philosophy. This Janus-faced attitude is also present in ecological theories, which find fertile ground in Levinas’ thought without being able to explain its apparent anthropocentrism. Opposing hermeneutical paths tend to focus either on otherness as an absolute alterity, implying a potentially unlimited responsibility for all alterities, or on otherness as a re-foundation of humanism, leading to the conclusion that responsibility is unlimited only among humans. Here I (...) seek to disentangle Levinas from these two extreme interpretations, first by reviewing ecological readings of his philosophy, in both the Francophone and Anglophone spheres, and second by analyzing specific Levinasian terms that might be particularly helpful for a non-anthropocentric or deep ecology. The main results of this investigation are a distinction between the ethics of responsibility and the ethics of vulnerability, an explanation of Levinasian compulsory or methodological humanism, and a schematic model of sensibility as enjoyment/vulnerability capable of supporting deep ecology without the traditional notions of free will, rights, or values. (shrink)

Is the boundary between the normal and the pathological real or fiction? Are health and disease just a matter of fact or are they value-laden? Here we present some examples of how alleged diseases can be invented and propagated by the industry (disease mongering) or by the methodology of medical science itself. We show that the boundary between health and disease is blurred and depends on individual and social representations, culture relative ways of categorising things and people, and by the (...) society’s degree of medicalisation. However, we do not mean that it is not real, rather that it is more complex than expected, as the subjectivity of social constructions and individual experiences makes them no less real. Finally, we conclude that health and disease belong to both objective and subjective kinds of reality, so the fictional can be real. (shrink)

50 years after its introduction, brain death remains controversial among scholars. The debates focus on one question: is brain death a good criterion for determining death? This question has been answered from various perspectives: medical, metaphysical, ethical, and legal or political. Most authors either defend the criterion as it is, propose some minor or major revisions, or advocate abandoning it and finding better solutions to the problems that brain death was intended to solve when it was introduced. Here I plead (...) for a different approach that has been overlooked in the literature: the philosophy of science approach. Some scholars claim that human death is a matter of fact, a biological phenomenon whose occurrence can be determined empirically, based on science. We should take this claim seriously, whether we agree with it or not. The question is: how do we know that human death is a scientific matter of fact? Taking the philosophy of science approach means, among other things, examining how the determination of human death became an object of scientific inquiry, exploring the nature of the brain death criterion itself, and analysing the meaning of its core concepts such as “irreversibility” and “functions”. (shrink)

Objectives To increase postmortem organ donation rates, several countries are adopting an opt-out (presumed consent) policy, meaning that individuals are deemed donors unless they expressly refused so. Although opt-out countries tend to have higher donation rates, there is no conclusive evidence that this is caused by the policy itself. The main objective of this study is to better assess the direct impact of consent policy defaults per se on deceased organ recovery rates when considering the role of the family in (...) the decision-making process. This study does not take into account any indirect effects of defaults, such as potential psychological and behavioural effects on individuals and their relatives. -/- Design Based on previous work regarding consent policies, we created a conceptual model of the decision-making process for deceased organ recovery that included any scenario that could be directly influenced by opt-in or opt-out policies. We then applied this model to internationally published data of the consent process to determine how frequently policy defaults could apply. -/- Main outcome measures We measure the direct impact that opt-in and opt-out policies have per se on deceased organ recovery. -/- Results Our analysis shows that opt-in and opt-out have strictly identical outcomes in eight out of nine situations. They only differ when neither the deceased nor the family have expressed a preference and defaults therefore apply. The direct impact of consent policy defaults is typically circumscribed to a range of 0%–5% of all opportunities for organ recovery. Our study also shows that the intervention of the family improves organ retrieval under opt-in but hinders it under opt-out. -/- Conclusions This study may warn policy makers that, by emphasising the need to introduce presumed consent to increase organ recovery rates, they might be overestimating the influence of the default and underestimating the power granted to families. (shrink)

Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and data collection (...) were performed by two or more independent reviewers for each record. -/- Results: Of the 1482 results, 467 studies were assessed in full-text form, and 33 were included in this synthesis. When the deceased has not expressed any preference, a majority of the public support the family's role as a surrogate decision-maker. When the deceased expressly consented, the respondents' answers depend on whether they see themselves as potential donors or as a deceased's next-of-kin. Answers also depend on the relationship between the deceased and the decision-maker(s) within the family, and on their ethnic or cultural background. -/- Conclusions: Public views on the authority of the family in organ donation decision-making require further research. A common conceptual framework and validated well-designed questionnaires are needed for future studies. The findings should be considered in the development of Government policy and guidance regarding the role of families in deceased organ donation. (shrink)

This study aimed to determine the effectiveness of using Team Assisted Individualization (TAI) as cooperative learning teaching approach to improve students’ mathematical cognition. A quantitative research design via experimental design using one group pretest and post-test was employed. This only concentrated on specific students’ processing speed and working memory and included 67 grade 9 students from a public school in the Philippines. The findings showed that the components of TAI were moderately effective under the placement test, effective under the teams, (...) teaching group, student creative, team study, fact test and team score than whole class and highly effective under team recognition, Furthermore, there is a significant difference between the pre-test and post-test scores in each completed stage, and TAI approach is an effective strategy in improving the mathematical cognition of students. This study argues that TAI approach may be utilized in mathematics classrooms to improve the mathematical cognition of students. The gravity of the lessons or topics may be put into consideration to balance the learning and performances of students. (shrink)

Online education has become an essential component of education. Thus, several factors, such as the student’s learning strategy and motivation, generally contribute to their academic success. This study investigates the relationship between learning strategies, motivation, and online learning environment among 150 first-year college students. Employing correlational design, the statistical findings of the study reveal that the r coefficient of 0.59 indicates a moderate positive correlation between the variables. The p-value of 0.00, which is less than 0.05, leads to the decision (...) to reject the null hypothesis. Hence, a significant relationship exists between learning strategies, motivation, and the online learning environment. (shrink)

Families play an essential role in deceased organ procurement. As the person cannot directly communicate his or her wishes regarding donation, the family is often the only source of information regarding consent or refusal. We provide a systematic description and analysis of the different roles the family can play, and actions the family can take, in the organ procurement process across different jurisdictions and consent systems. First, families can inform or update healthcare professionals about a person’s donation wishes. Second, families (...) can authorize organ procurement in the absence of deceased’s preferences and the default is not to remove organs, and oppose donation where there is no evidence of preference but the default is to presume consent; in both cases, the decision could be based on their own wishes or what they think the deceased would have wanted. Finally, families can overrule the known wishes of the deceased, which can mean preventing donation, or permitting donation when the deceased refused it. We propose a schema of 4 levels on which to map these possible family roles: no role, witness, surrogate, and full decisional authority. We conclude by mapping different jurisdictions onto this schema to provide a more comprehensive understanding of the consent system for organ donation and some important nuances about the role of families. This classificatory model aims to account for the majority of the world’s consent systems. It provides conceptual and methodological guidance that can be useful to researchers, professionals, and policymakers involved in organ procurement. (shrink)

[ENGLISH] This article discusses the potential of synthetic biology to address fundamental questions in the philosophy of biology regarding the nature of life and biological functions. Synthetic biology aims to reduce living organisms to their simplest forms by identifying the minimal components of a cell and also to create novel life forms through genetic reprogramming, biobrick assembly, or novel proteins. However, the technical success of these endeavors does not guarantee their conceptual success in defining life. There is a lack of (...) consensus among researchers on how to define and classify the entities produced in the lab, whether they should be considered living or categorized differently. The criteria for minimal cells and minimal life are subject to arbitrary choices and varying interpretations. The concept of function, crucial to synthetic biology, is also difficult to define. The article highlights the need to consider the minimal set of functions that characterize life before determining the smallest genomes that code for those functions. The arbitrary nature of defining both life and function complicates the understanding and classification of these entities. The article suggests that the traditional dichotomy between the living and the non-living may no longer be valid and that the concept of life itself may not require precise scientific definition. As synthetic biology advances, the article emphasizes the importance of redefining or constructing new categories to encompass the expanding possibilities and creations in the field. The ability to create new life forms raises questions about recognition, identification, and ethical implications, requiring a conceptual and philosophical engagement beyond the technical achievements of synthetic biology. -/- [FRENCH] L'article aborde le potentiel de la biologie synthétique pour répondre à des questions fondamentales de la philosophie de la biologie concernant la nature de la vie et des fonctions biologiques. La biologie synthétique vise à réduire les organismes vivants à leurs formes les plus simples en identifiant les composants minimaux d'une cellule et à créer de nouvelles formes de vie grâce à la reprogrammation génétique, à l'assemblage de biobriques ou à des protéines nouvelles. Cependant, le succès technique de ces approches ne garantit pas leur réussite conceptuelle dans la définition de la vie. Il n'y a pas de consensus parmi les chercheurs sur la façon de définir et de classer les entités produites en laboratoire, qu'elles doivent être considérées comme vivantes ou catégorisées différemment. Les critères des cellules minimales et de la vie minimale sont soumis à des choix arbitraires et à des interprétations variables. La notion de fonction, essentielle en biologie synthétique, est également difficile à définir. L'article met en évidence la nécessité de prendre en compte l'ensemble minimal de fonctions qui caractérisent la vie avant de déterminer les plus petits génomes qui codent ces fonctions. La nature arbitraire de la définition de la vie et de la fonction complique la compréhension et la classification de ces entités. L'article suggère que la dichotomie traditionnelle entre le vivant et le non-vivant pourrait ne plus être valable et que le concept même de vie ne nécessite pas une définition scientifique précise. À mesure que la biologie synthétique progresse, l'article souligne l'importance de redéfinir ou de construire de nouvelles catégories pour englober les possibilités et créations croissantes dans le domaine. La capacité à créer de nouvelles formes de vie soulève des questions de reconnaissance, d'identification et d'implications éthiques, nécessitant une réflexion conceptuelle et philosophique au-delà des avancées techniques de la biologie synthétique. (shrink)

Finality, design and purpose have started to be excluded from the language of the natural sciences since the XVIIth century. Darwin succeeded in excluding them from his theory of evolution appealing to a blind and mechanical natural selection. Today, the most usual definitions for the concept of biological function take for granted that functions: 1) are not dependent on a goal; 2) are not dependent on observers, but only on nature; 3) are explicable in causal terms, either with reference to (...) the causal history of the organ (etiological definition), or with reference to its present structure and causal capabilities (dispositional definition). However, we shall see that such presuppositions cannot take into account the normative character of the concept of biological function. We show that a generalization of the concept of scientific objectivity lets us affirm that functions: 1’) are dependent on a goal; 2’) are dependent on both observers and nature; 3’) cannot be reduced to causality, nor break the laws of physics; and yet, 4) are truly objective. (shrink)

In 2020, the European Union announced the award of the contract for the biometric part of the new database for border control, the Entry Exit System, to two companies: IDEMIA and Sopra Steria. Both companies had been previously involved in the development of databases for border and migration management. While there has been a growing amount of publicly available documents that show what kind of technologies are being implemented, for how much money, and by whom, there has been limited engagement (...) with digital methods in this field. Moreover, critical border and security scholarship has largely focused on qualitative and ethnographic methods. Building on a data feminist approach, we propose a transdisciplinary methodology that goes beyond binaries of qualitative/quantitative and opacity/transparency, examines power asymmetries and makes the labour of coding visible. Empirically, we build and analyse a dataset of the contracts awarded by two European Union agencies key to its border management policies – the European Agency for Large-Scale Information Systems (eu-LISA) and the European Border and Coast Guard Agency (Frontex). We supplement the digital analysis and visualisation of networks of companies with close reading of tender documents. In so doing, we show how a transdisciplinary methodology can be a device for making datafication ‘intelligible’ at the European Union borders. (shrink)

This article explores the implicit theories of morality, or the conceptions regarding the patterns of stability, continuity and change in moral dispositions, both in lay and academic discourses. The controversies surrounding these conceptions and the fragmentation of the models and perspectives in metaethics and moral psychology endangers the pursuit of adequate operationalizations of morally relevant constructs. The current debate between situationists, who deny that character is an useful concept for understanding human behavior, which is better explained by contextual factors (Doris (...) 1998; Harman 1998) and dispositionists, who advocate the cross-situational stability of traits, is also present in the lay discourse, through the existence of competing commonsense ontological assumptions regarding the mutability or alterability of moral features, namely the implicit theories perspective (Chiu, Dweck, Tong, & Fu 1997). These personal theories are primary suspects in the affective and cognitive reactions to transgressions: the type of attended information in formulating evaluative judgments, the calibration of moral responsibility and blameworthiness, the assignment of retribution or reparatory recommendations to transgressors. In the second part of the study we attempt to advance toward a more fine-grained inspection of these lay beliefs, arguing that the construct of implicit theories of morality, as it is currently treated and measured, tends to be restrictive and oversimplifying. (shrink)

The European project European and Latin American Systems of Ethics Regulation of Biomedical Research Project (EULABOR) has carried out the first comparative analysis of ethics regulation systems for biomedical research in seven countries in Europe and Latin America, evaluating their roles in the protection of human subjects. We developed a conceptual and methodological framework defining ‘ethics regulation system for biomedical research’ as a set of actors, institutions, codes and laws involved in overseeing the ethics of biomedical research on humans. This (...) framework allowed us to develop comprehensive national reports by conducting semi-structured interviews to key informants. These reports were summarised and analysed in a comparative analysis. The study showed that the regulatory framework for clinical research in these countries differ in scope. It showed that despite the different political contexts, actors involved and motivations for creating the regulation, in most of the studied countries it was the government who took the lead in setting up the system. The study also showed that Europe and Latin America are similar regarding national bodies and research ethics committees, but the Brazilian system has strong and noteworthy specificities. (shrink)

El presente artículo analiza la asimilación en la obra de Tomás de Aquino de los principios fundamentales del necesitarismo físico aristotélico así como la introducción, desde el punto de vista de la cosmología cristiana, dos tipos de fenómenos ajenos a la filosofía de la naturaleza de Aristóteles: las operaciones ocultas de la naturaleza y los milagros. Se estudia la postura del Aquinate en torno al magnetismo, las mareas, las propiedades terapéuticas de los compuestos y el origen de los poderes de (...) las figuras nigrománticas y reliquias. -/- . (shrink)

As one tries to grasp love and its images within José Leonilson's production, a multiplicity of aspects and meanings are seen that also relate to Louise Bourgeois's oeuvre in regard to the interest in human relations. Through a comparative approach to both artists' poetics, an understanding is created that love is not a simplistic action and all the words read in or applied to their visual discourse must be considered within a wide range of love in visual and literary images. (...) Keywords: literature and visual arts / love / creativity / Bourgeois, Louise / Leonilson, José / word and image. (shrink)

This article analyzes the evolution of aesthetic role of the nature in the Middle Ages from the point of view of the philosophical systems influence on the interpretation of the corporal as a legitim way to the knowledge of the truth. it studies the intimate approach of neo-platonism, the shaping of its premises in the rejection of physical beauty and the change that occured after the assimilation of Aristotelianism toward a naturalistic outsourcing of the intellectual and artistic interests.

This article analyzes the treatment of natural philosophy in the work of Thomas Aquinas from the point of view of assimilation of the Aristotelian physical corpus. It focuses primarily on the Aquinas’s defense of the conception of the fallibility of the natural reason, the provisional and revisable character of all physical theories, the necessity of intercultural dialogue to discover the truths about nature, and Aquinas’s role in the development of the skeptical attitude in scientific research of the mobile’s world.

Estudo comparado sobre o tratamento dado à reprodução humana assistida no direito do Brasil, Estados Unidos, Portugal, Espanha e Itália.

A continuing challenge for researchers and practitioners alike is the lack of data on the effectiveness of corporate–community investment programmes. The focus of this article is on the minerals industry, where companies currently face the challenge of matching corporate drivers for strategic partnership with community needs for programmes that contribute to local and regional sustainability. While many global mining companies advocate a strategic approach to partnerships, there is no evidence currently available that suggests companies are monitoring these partnerships to see (...) if they do, in fact, represent ‘strategic’ investments. This article argues that applying the management concept of ‘investment performance’ to corporate–community partnerships requires questioning traditional evaluation methods that focus on the results of programmes or activities. We adopt a case study approach to introduce an evaluation framework that considers performance from both corporate and community perspectives and that conceptualises partnership performance as comprising four aspects: (1) the contribution of the partnership to the overall portfolio of a company’s community investment programmes, (2) the appropriateness of the partnership model, (3) the effectiveness of the partnering relationship and (4) the ability of the partners to achieve programme goals. The application of this evaluation framework to an established corporate–community partnership programme provided some useful insights as to how partnership performance can be improved. (shrink)

The purpose of this paper is to contextualize the study of metaphors within constructivist-informed research, in the hope that this process will orient cognitive scientists to the usefulness of implementing qualitative research methodologies, especially to using the person of the researcher as the primary research instrument. First, I explore some of the differences between Johnson and Lakoff’s Contemporary Metaphor Theory (CMT) and approaches evolving from it on one hand, and the clinical approach to metaphor based on a constructivist therapy model, (...) on the other. CMT has been one of the most significant forces that helped shift cognitive science toward an embodied approach to cognition. While it has succeeded to place physical experience back where it belongs in reason and meaning, CMT has, however, also fallen into some positivist traps which lead to problems such as a dualism, a split between the knower and the known, and with that, to a distrust of introspective, first-person accounts. In the process of finding conceptual metaphors — generalizations that govern metaphorical expressions — CMT often deletes the idiosyncratic characteristics and presuppositions implicit in linguistic metaphors; it divorces them from people’s sensory experiences, the “here and now” and the intent of their communications. The constructivist approach to metaphor that I present here accepts as a priori assumptions much of what workers of CMT are out to prove. In particular, it takes the correlation of conceptual metaphors and physical experience, as well as the unity of language and thought as pragmatic givens. Emulating the constructivist therapist’s approach to metaphors, I show how it is possible to deconstruct conceptual metaphors into minute sensory distinctions, using one’s own person as the main tool, for the purpose of helping people change their experiences in desired ways, at will. I illustrate this process by numerous examples from a wide field of applications, including mathematics education and psychotherapy. (shrink)

The counter majoritarian difficulty is one of the main objections against the judicial review. In this paper, this objection is analyzed from the standpoint of the norm formulation/norm distinction. By stressing the distinc- tion between norm formulations and norms, I claim that when judicial review prevents the application of a norm to an individual case the counter majoritarian difficulty objection does not hold.

This paper puts forward three critiques of pardo’s second-order proof rules thesis. The first criticism states that these rules are not suitable to guide the interpretation of standards of proof rules because they confuse matters of legal interpretation with matters of epistemology. The second criticism states that second-order proof rules are affected by the same indeterminacy problems they are designed to resolve, thereby rendering them unsuitable for the task they are purposely designed for. The third criticism renders pardo’s proposal redundant. (...) a reconceptualization of second-order proof rules is offered. (shrink)

In the field of Evidence Law the relation between truth and law has been a somewhat non- debated topic in the past years. It is a given that such a connection exists and, it is understood as the notion of the ascertainment of the truth of disputed questions of fact through legal evidence. The thesis that I have reconstructed in this paper has been presented by Prof. Jordi Ferrer who grounds the connection between truth and law in the role of (...) the legal system as a tool for guiding the behavior of the governed. I call this thesis the theory of the structural clause of truth. In this paper I shall present a possible reconstruction of this theory, I shall raise two objections against it and I shall present five possible interpretations of the relation between truth and law. (shrink)

As ciências médicas, biomédicas, humanas e sociais têm avançado de forma frenética nos últimos anos. Com isso, se faz cada vez mais necessário o debate ético que visa contemplar o respeito à dignidade humana, animal e ao meio ambiente. A bioética se dedica a esse debate e se propõe a estendê-lo a setores não acadêmicos, como sociedades de proteção dos animais, dos direitos humanos e até grupos religiosos. Essa diversidade de opiniões não só é interessante, mas necessária, uma vez que (...) os valores praticados em uma sociedade provêm de uma construção social cujos blocos fundamentais têm origem na família e nos diversos grupos sociais nos quais os indivíduos estão inseridos desde o seu nascimento. A proposta deste livro é fomentar esse debate, fornecendo conceitos e visões sobre temas selecionados da pesquisa e da prática médica, biotecnológica e de áreas correlatas. Em um contexto mundial de intolerância política, social, étnica e de gênero, oportunidades de debate também possuem um papel social de auxiliar no desenvolvimento consciente da cidadania e do respeito ao próximo. Sobretudo, o debate nos faz enxergar o outro como parelho, ainda que cada um possua as suas especificidades, opiniões e histórias de vida. (shrink)

Background Consent policies for post-mortem organ procurement (OP) vary throughout Europe, and yet no studies have empirically evaluated the ethical implications of contrasting consent models. To fill this gap, we introduce a novel indicator of governance quality based on the ideal of informed support, and examine national differences on this measure through a quantitative survey of OP policy informedness and preferences in seven European countries. -/- Methods Between 2017–2019, we conducted a convenience sample survey of students (n = 2006) in (...) Austria (AT), Belgium (BE), Denmark (DK), Germany (DE), Greece (GR), Slovenia (SI) and Spain (ES), asking participants about their donation preferences, as well as their beliefs and views about the policy in place. From these measures, we computed indices of informedness, policy support, and fulfilment of unexpressed preferences, which we compared across countries and consent systems. -/- Results Our study introduces a tool for analyzing policy governance in the context of OP. Wide variation in policy awareness was observed: Most respondents in DK, DE, AT and BE correctly identified the policy in place, while those in SI, GR and ES did not. Respondents in opt-out countries (AT, BE, ES and GR) tended to support the policy in place (with one exception, i.e., SI), whereas those in opt-in countries (DE and DK) overwhelmingly opposed it. These results reveal stark differences in governance quality across countries and consent policies: We found a preponderance of informed opposition in opt-in countries and a general tendency towards support–either informed or uninformed–in opt-out countries. We also found informed divergence in opt-in countries and a tendency for convergence–either informed or uninformed–among opt-out countries. -/- Conclusion Our study offers a novel tool for analyzing governance quality and illustrates, in the context of OP, how the strengths and weaknesses of different policy implementations can be estimated and compared using quantitative survey data. (shrink)

Giere’s analysis of the epistemic role of fiction in science and literature is the representative of antifictionists. Our research finds the three inconsistencies in his main paper regarding the comparison of fiction in scientific models and literary works. We analyze his argument and offer our solution to the issue favoring the perspective of fictionalism. Further, we support a typological differentiation of false representation in science into fictional and fictitious. The value of this differentiation we demonstrate by giving the example of (...) digital organisms in system biology. The paper aims to help better understanding of fiction in science and to avoid the oversimplification of literary fiction. (shrink)

The structuralist reconstruction of the metabolic biochemistry here presented is a more complete and revised version than the one presented in Donolo, Federico & Lorenzano (2006). This version, as the previous one, continues with the reconstructive task initiated by César Lorenzano (2002), but advances further on those elements which remained pendent of reconstruction: applications subsequent to the paradigmatic one, for being these “too diversified and numerous” (p. 210).In line with which is said before, the objective of this new reconstruction is (...) to make the theoretical network of the biochemistry wider, in order to be able to capture the many successful applications (paradigmatic examples or exemplars) which appear in modern university textbooks. In order to accomplish this, major conceptual precisions are being introduced which will have repercussions in a modification and increased complexity of the fundamental law implicit in the text books, but still conserving the previous basic idea. Because of all this we can say that the present article goes further into the reconstruction task of the metabolic biochemistry theory. (shrink)

Nesta comunicação pretende-se desenvolver a relação entre violência e política enquadrada no pensamento de Hannah Arendt e a partir de duas obras fundamentais, On Revolution (1963) e On Violence (1970). Investigando-se sobre o que constitui cada experiência em particular, a da violência (ainda que sob a forma da guerra ou da revolução) e a da política, esta relação permitirá equacionar criticamente as possibilidades e os limites das sociedades democráticas actuais como o resultado da tradição política e das revoluções da modernidade.

Since 1968, the irreversible loss of functioning of the whole brain, called brain death, is assimilated to individual’s death. The almost universal acceptance of this neurological criterion of death had decisive consequences for the contemporary medicine, such as the withdrawal of mechanical ventilation in these patients and organ retrieval for transplantation. The new criterion was successfully accepted in part because the assimilation of brain death state to death was presented by medicine --and acritically assumed by most of societies-- as a (...) scientific and objective fact. Nevertheless, many people do not think that the patients suffering brain death are actually dead. We show here that those people are not necessarily wrong. It can be argued that, in fact, the justification of the neurological criterion is not scientific but moral. We outline the thesis that the problem surrounding the vital status of brain dead patients is due to a confusion between factual and normative questions. Furthermore, we claim that the donation of organs and the withdrawal of life-support could be ethically acceptable even if the patients suffering brain death are considered as alive. As an alternative to the dead donor rule, we propose a justification for organ donation of brain-dead patients based on the (moral) concepts of harm and consent : what truly justifies the procurement of organs on those patients is not that they are dead, but that they wish to donate their organs and that, since they have irreversibly lost their brain, they cannot be harmed. (shrink)

[ES] El presente artículo estudia el influjo de los tratados físicos de Aristóteles sobre la concepción tomista en torno al lugar del infinito en el cosmos creado. Se analiza la posición sostenida por el Aquinate respecto a cuatro aspectos fundamentales de la teoría aristotélica en torno al infinito: existencia de una sustancia infinita, existencia de un cuerpo infinito, existencia de un infinito en acto y la infinitud del tiempo. Asimismo se expone el empleo de la teoría aristotélica del movimiento y (...) los lugares naturales, por parte del Doctor angélico, para la refutación de toda posición que conciba el acto de creación como una mutación temporalmente sucesiva, así como su caracterización de la divinidad como sustancia perfecta cuya infinitud no puede ser comprendida bajo la noción de cantidad. [EN] This article studies the influence of Aristotle’s physical treatises on the Thomist conception on the place of infinity in the created cosmos. It analizes the position held by Aquinas on four fundamental aspects of the Aristotelian theory about infinity: existence of an infinite substance, existence of an infinite body, existence of an infinite in act and the infinity of time. Is also exposed the use of the Aristotelian theory of motion and natural places by the Angelic Doctor for the refutation of every position that presents the act of creation as a temporally successive mutation and his characterization of divinity as a perfect substance whose infinity can not be understood under the notion of quantity. (shrink)

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

ABSTRACT This article interprets a recently recovered manuscript, Tratado de astronomía y la reformaçión del tiempo, composed by Antonio Sánchez in New Granada c.1696, in the context of the Spanish and Renaissance cosmographies. Sánchez’s Tratado proposes a spherical astronomy, in which celestial bodies – including comets — move in orbs containing pyramidal knots that explain the changing speed observed in the motion of planets. From this astronomy and following the peninsular style of repertorios, Sánchez derives two major conclusions: the corrected (...) length of the solar year and a revised birth date of Jesus. Taking as center of reference Vélez, where Sánchez was based, these claims led to conclusions in domains ranging from calendric astronomy to eschatology, including the incorporation of the indigenous peoples into salvation narrative and a demonstration of the arrangement of the celestial orbs at the Last Judgment. Sánchez’s Tratado constitutes an expansion of the Spanish mathematical cosmography that sheds light on the production of knowledge in the Spanish-American world and, at the same time, provides elements to reassess our understanding of the global circulation of Renaissance and early modern ideas. (shrink)

Filozofski vodič je stručna monografija namijenjena prvenstveno učenicima srednjih škola i studentima, koji se trebaju upustiti u pripremu ili maturskog rada ili pisanja seminarskog rada iz filozofije. Knjigu je recenzirao dr Predrag Krstić, istraživač saradnik na Institutu za filozofiju i društvenu teoriju Univerziteta u Beogradu i redovni profesor na Fakultetu za medije i komunikaciju Univerziteta Singidunum u Beogradu, sa iskustvom od trinaest godina u radu kao gimnazijski profesor filozofije, kao i prof. dr Miodrag Živanović redovni profesor u penziji Filozofskog fakulteta (...) Univerziteta u Banjoj Luci. Galić je tim povodom poklonila pet primjeraka vodiča Gimnaziji Banja Luka odmah po objavljivanju same knjige. (shrink)