Resumo A problemática sobre a “verdade” não tem obtido a devida atenção no meio jurídico. As considerações a respeito do que seja “verdade”, por certo, têm nítido viés filosófico, existindo distintas concepções acerca da “verdade”, embora muitas não são capazes de servir ao direito processual civil. Habermas concebe a “verdade” sobre um fato como um conceito dialético, construída a partir das argumentações desenvolvidas pelos sujeitos cognoscentes, ou seja, buscada na cooperação direcionada para o entendimento mútuo racional. Identificam-se pontos de (...) contato existentes entre a teoria habermasiana e os enunciados até agora elaborados no projeto do novo Código de Processo Civil brasileiro. A “verdade” no moderno processo civil deve ser buscada em um procedimento baseado na probabilidade das provas e das teses apresentadas, na intensa argumentação dialética e em colaboração entre os sujeitos processuais, e no respeito às normas e aos princípios válidos para o caso em julgamento. Palavras-chave : argumentação, cooperação, Habermas, novo Código de Processo Civil brasileiro, procedimento, verdadeThe problem about “truth” has not gained enough attention in the legal field. All the considerations about “truth” have a clearly philosophical points of view, and distinct conceptions concerning it, although many are not capable of serving in the civil procedure. Jürgen Habermas conceives the “truth” as a dialectical concept, constructed from the arguments developed by cognizant agents, i.e., those seeking cooperation aimed at rational mutual understanding. The article identifies points of contact between habermasian theory and legal rules developed up to now in the project of the new Brazilian Civil Code of Procedure. The “truth” in the modern civil process must be sought in a procedure based on the probability of the evidence and theses in intense dialectical argumentation and collaboration between all parties involved with the respect for the rules and principles considered valid for the case at hand. Keywords : argumentation, cooperation, Habermas, new Brazilian Civil Procedure Code, procedure, truth. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, (...) with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...) some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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In Brazil, the social demand for veterinary expertise is growing. However, there is still a shortage of professionals trained in this area to apply specific knowledge to each case. Studies and research into forensic veterinary medicine are necessary for veterinary experts to assist in investigations and legal proceedings. Veterinary medicine has subjects on its curriculum that cover the knowledge needed to apply in the fields of animal health, public health and the environment. The interaction between human and veterinary medicine, as (...) well as other areas of health, is of great importance in the prevention and control of various diseases, both in animals and humans. Some cases of infectious bovine abortion have a major impact not only on cattle farming and animal health, but also on public and environmental health. The concept of "One Health" integrates human medicine and health professionals. In this context, knowledge of infectious abortive diseases that affect animal, human and environmental health is fundamental. Cattle are affected by specific infectious abortive diseases, caused by pathogens with different forms of presentation and transmission mechanisms. These include brucellosis, leptospirosis and listeriosis, which are potentially zoonotic diseases. Controlling these diseases can contribute to effective public health actions and reduce global health risks. In order to establish the diagnosis of these diseases, it is essential to properly collect specimens from live or dead animals under biosafety and biosecurity conditions, following the chain of custody for each case. These procedures allow for greater success in diagnosing the suspected agent and facilitate the investigation of other causes. Animal health standards for the prophylaxis and control of these diseases are established by specific legislation, including those of the Ministry of Agriculture, Livestock and Supply (MALS). This literature review was based on current knowledge on the Pubmed platform, Google Scholar, articles and textbooks. The aim of this article is to identify, understand and discuss the main infectious abortive diseases of cattle in the legal and forensic context, which have an impact on cattle farming, animal health, food safety, public and environmental health. -/- Referências bibliográficas Abdullah, N. M., Mohammad, W. M. Z. W., Shafei, M. N., Sukeri, S., Idris, Z., Arifin, W. N., Nozmi, N., Saudi, S. N. S., Samsudin, S., & Zainudin, A.-W. (2019). Leptospirosis and its prevention: knowledge, attitude and practice of urban community in Selangor, Malaysia. BMC Public Health, 19(1), 1–8. Agrimani, D. S. R., Rui, B. R., Cruz, I. V, Romano, R. M., & Lopes, H. C. (2011). Retenção de Placenta em Vacas e Éguas: Revisão de Literatura. Revista Científica Eletrônica de Medicina Veterinária, 9(16), 1–12. Albuquerque, F. R. G., Dessanti, G. A., Neto, J. A. A., Marinho, M. R., & Barros, R. B. P. (2018). Os efeitos e consequências da leptospirose na gestação. Cadernos da Medicina-UNIFESO, 1(1), 75–82. Alencar, Á. G. (2001). Do conceito estratégico de segurança alimentar ao plano de ação da FAO para combater a fome. Revista Brasileira de Política Internacional, 44(1), 137–144. Almeida, Í. C., Sena, L. M., Maretto, V., & Martins, C. B. (2019). Aspectos relacionados a retenção de placenta em vacas. PUBVET, 13(1), 1–7. Amaral, J. B., & Tremori, T. M. (2022). Exame de corpo de delito nas perícias de bem-estar em bovinos leiteiros: Revisão. PUBVET, 16(4), 1–14. Amaral, J. B., Tremori, T. M., Silva, W. L., & Reis, H. M. G. (2023). Perícias legal e forense no laboratório veterinário: Revisão. PUBVET, 17(7), e1420. Amaral, J. B., Trevisan, G., Tremori, T. M., & Guerra, S. T. (2018). Fundamentos e aplicações da medicina veterinária forense no bem-estar de bovinos leiteiros: Revisão. PUBVET, 12(2), 1–13. Antoniassi, N. A. B., Santos, A. S., Oliveira, E. C., Pescador, C. A., & Driemeier, D. (2007). Diagnóstico das causas infecciosas de aborto em bovinos. Biológico, 69(2), 69–72. Assis, A. C. S. G., & Braga, R. S. (2020). Responsabilidade técnicas na medicina veterinária. Medvep. Autran, A., Alencar, R., & Viana, R. B. (2017). Cinco liberdades. PETVet Radar, 1(3), 1–2. Barancelli, G. V., Silva-Cruz, J. V., Porto, E., & Oliveira, C. A. F. (2011). Listeria monocytogenes: ocorrência em produtos lácteos e suas implicações em saúde pública. Arquivos Do Instituto Biológico, 78, 155–168. Barbosa, G., Baptista, R. F., Naame, G., & Batalha, F. (2023). Principais irregularidades identificadas pela vigilância sanitária em açougues localizados no município de Nilópolis, Rio de Janeiro. PUBVET, 17(3), 1–9. Basso, D. P., Balzan, V. Z., Schrenk, R. D., Santos, J. L. L., & Cardoso, J. S. (2022). Suspeita de infecção por Rhodococcus equi em pônei neonato: relato de caso. Salão Do Conhecimento, 8(8). BRASIL (1968). Lei Federal nº 5.550, de 28 de dezembro de 1968. Dispõe sobre o exercício da profissão de Médico Veterinário e cria os Conselhos Federal e Regionais de Medicina Veterinária. Diário Oficial da União, Brasília, DF, 29 dez. 1968. BRASIL (1990). Lei Federal nº 8.080, de 19 de setembro de 1990. Dispõe sobre as condições para a promoção, proteção e recuperação da saúde, a organização e o funcionamento dos serviços correspondentes e dá outras providências. Diário Oficial da União, Brasília, DF, 20 set. 1990. BRASIL (1998). Lei Federal nº 9.605, de 12 de fevereiro de 1998. Dispõe sobre as sanções penais e administrativas derivadas de condutas e atividades lesivas ao meio ambiente, e dá outras providências. Diário Oficial da União, Brasília, DF, 13 fev. 1998. BRASIL (1998). Ministério da Saúde, Conselho Nacional de Saúde, Resolução 287, de 8 de outubro de 1998. Dispõe sobre o Plenário do Conselho Nacional de Saúde em reunião nos dias 7 e 8 de 1998. BRASIL (2017). Decreto Federal nº 9.013, de 29 de março de 2017. Estabelece normas para a inspeção técnica e fiscalização sanitária de animais vivos, produtos e subprodutos de origem animal. Diário Oficial da União, Brasília, DF, 30 mar. 2017. BRASIL (2006). Ministério da Agricultura, Pecuária e Abastecimento. Instrução Normativa MAPA nº 65, de 3 de novembro de 2006. Estabelece padrões para garantir a qualidade do sêmen utilizado na reprodução bovina. Diário Oficial da União, Brasília, DF, 6 nov. 2006. BRASIL (2013). Ministério da Agricultura, Pecuária e Abastecimento. Instrução Normativa MAPA nº 50, de 21 de novembro de 2013. Estabelece diretrizes para a coleta de materiais biológicos destinados a exames laboratoriais em animais terrestres. Diário Oficial da União, Brasília, DF, 22 nov. 2013. BRASIL (2017). Ministério da Agricultura, Pecuária e Abastecimento. Instrução Normativa MAPA nº 44, de 20 de setembro de 2017. Estabelece medidas para o controle e erradicação da leptospirose bovina. Diário Oficial da União, Brasília, DF, 21 set. 2017. BRASIL (2018). Ministério da Agricultura, Pecuária e Abastecimento. Portaria MAPA nº 1.138, de 8 de junho de 2018. Normas para a prevenção, controle e erradicação da brucelose e da tuberculose animal. Diário Oficial da União, Brasília, DF, 11 jun. 2018. BRASIL (2017). Instrução normativa nº 10, de 3 de março de 2017. Brasília, Distrito Federal: Diário Oficial da União. 2017. Carvalho, R. F. B., Santos, H. P., Mathias, L. A., Pereira, H. M., Paixão, A. P., Costa Filho, V. M., & Alves, L. M. C. (2016). Frequência de brucelose bovina em rebanhos leiteiros e em seres humanos na região central do estado do Maranhão, Brasil. Arquivos do Instituto Biológico, 83, e1042014. Castro, J. R., Salaberry, S. R. S., Cardoso Neto, A. B., Ávila, D. F., Souza, M. 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This study aimed to identify the effect of procedural justice on organizational loyalty from the point of view of Faculty Staff at Palestine Technical University- Kadoorei. It also aimed to identify the differences in the views of the study sample on the study variables according to the years of service. In order to achieve this, the researchers used a questionnaire consisting of (22) paragraphs where the first area (10) paragraphs looking at procedural justice while the paragraphs of the second area (...) and the number of (12) paragraph in the field of organizational allegiance to Faculty Staff at the university, (105) questionnaires were distributed on the sample of the study, and after the process of distribution of the questionnaire was collected and coded and entered into the computer and processed statistically using the statistical program of social sciences (SPSS). One of the most important findings of the study was that the degree of procedural justice at the heads of departments at Palestine Technical University- Kadoorei, from the point of view of Faculty Staff was between the medium and large, where the average arithmetic (3.65). Respondents also showed a high level of organizational loyalty (3.84). The study also showed a statistically significant effect at the level of significance (α = 0.05) for procedural fairness in achieving organizational loyalty, and the absence of differences attributed to years of experience. In the light of the results of the previous study, the researchers recommended several recommendations, the most important of which is to increase the awareness of the workers on the principles of procedural justice, to encourage adherence to them and to indicate their importance in job performance by creating systems and methods that ensure commitment to justice by raising the ability of leaders to build new policies and visions Which would promote the work of institutions. (shrink)

This study deals with the protection of intellectual property rights in French and Iraqi civil law. This is because the literary and life creativity in Iraq is declining, it is difficult to invest money in new things, and the number of people who comply with the artificial laws made since 2003 is increasing, and secondly, another reason, people's ignorance of the existing laws in Iraq. Iraq, so it is necessary. In each legislation, legal mechanisms are used to promote media (...) and life publishing and help people make money in the process of inventing literary and life works, which can be achieved by granting them a series of intellectual property rights that represent different privileges. From the fundamental rights of people, which are psychologically and morally valid at one or more points in time. This leads us to delve deeper into these rights, which have been incorporated into civil subjects since the creation of some of them through exchanges between authors and publishers or those who own innovative objects. This returns to the ownership model of the target company. In this way, we will mainly discuss the issue of intellectual property rights and carefully discuss the specific rights divided between the French Civil Code and the Civil Code, and then turn our attention to the two themes of law and incentives. The Civil Code collapses. This consists of comparing the independence of intellectual property rights, mainly regulated by French and Iraqi civil laws, and secondly with some provisions of the model. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

The purpose of the article is to identified the origin and essence of Western individualism. Methods of research. I used the methodology of post-nonclassical metaphysics of history, as well as the methods of epistemological polytheism and comparative. Results. The first sprouts of individualism can be detected in Greek poleis. It is the crisis of the polis system in Ancient Greece that predetermined the disappointment of the Greeks in the old collectivist ideals. Roman collectivism quite naturally got along with ideas about (...) civil liberties and the dignity of an individual citizen. The idea of citizenship was brought to the theoretical perfection by moving it beyond the boundaries of city walls. The Christian ideal is not a self-sufficient person, but the community of believers. It is the weakening of the church’s position and the strengthening of the influence of Antiquity that led to the formation of the Western style of thinking, which became the basis of the new European civilizational project. John Locke rethought the Hobbesian “Roman” theory of the social contract, thereby laying the foundations of liberalism, and hence of individualism. However, radically changing the hierarchical society, even the shaken revolution and the restoration of the Stuarts, no theoretical work could not. But in the New World, free from class barriers, Locke’s ideas found a much more fertile soil. Conclusions. The Western version of individualism emerges as a civilizational ideal at the junction of two completely different paradigms — the Ancient (Greek and Roman) and the Christian. Being present in the “body” of the West, individualism could not access its code. The latter was guarded by numerous barriers, among which the Catholic collectivism and the class divisions of hierarchical society were the most powerful guards. In American society, security barriers were significantly weaker, which allowed individualism to develop in the United States. Then American individualism returned to Europe and is now perceived as an integral element of Western civilization. (shrink)

Primary objective: This study represents the first large-scale research on high school philosophy in a public education curriculum in North America. Our objective was to identify the impacts of high school philosophy, as well as the challenges of teaching it in its current format in Ontario high schools. Research design: The qualitative research design captured the perspectives of students and teachers with respect to philosophy at the high school level. All data collection was structured around central questions to provide insight (...) into the dynamics of their shared process of teaching/learning. Methods and procedures: We conducted semi-structured with interviews philosophy teachers (n = 9), classroom observations (n = 142), and student focus groups at 16 diverse high schools. Transcripts were coded according to themes. Results: Our findings reflect the complicated nature of philosophy as a discipline characterized by abstract thinking. Participants found it mind-opening, yet challenging, providing educational opportunities that are largely absent in conventional schooling. They saw multiple connections between philosophy and other subjects, but also appreciated its distinctive benefits. Teachers relied primarily on textbooks and contemporary media to deliver the curriculum. We found that a teacher’s background in philosophy may influence what is taught in philosophy courses and how, especially given the flexibility of the provincial curriculum. Conclusions: The findings suggest that philosophy is a unique, beneficial subject that teachers enjoy teaching and students greatly value, characterizing it as both difficult and rewarding. Our study revealed that considerable differences exist in how philosophy is taught and learned around the province. The flexibility of the provincial curriculum appears to be an invitation for creative and responsive teaching; however, philosophy teachers’ weak preparation can, by their own admission, be a hindrance to effective curriculum delivery. Studying philosophy enhances students’ thinking about other academic areas of study and in some cases opens them up to new ways of thinking. (shrink)

RESUMO A Transferência de Embrião (TE) em bovinos se trata de uma técnica mundialmente disseminada com objetivo de aumentar a capacidade reprodutiva da fêmea. Mantém vínculo direto com outras técnicas das biotecnologias da reprodução, como, a Ovum Pick-Up (OPU), Produção In Vitro e In Vivo de embriões (PIVE) e Transferência de Embrião em Tempo Fixo (TETF), sendo estas, técnicas que fazem parte de um processo, que vai desde a seleção de doadoras, passando pelo preparo dos embriões até sua inovulação em (...) receptoras criteriosamente selecionadas. Com seu avanço, várias tecnologias de manejo vêm sendo implantadas: formas no transporte de embriões, protocolos de sincronização de doadoras e receptoras, e protocolos de recuperação de oócitos para produção de embriões. Isto infundiu a tecnologia, porém, os investimentos previstos para a produção de um animal de alto mérito genético limita sua utilização. Contudo, esta análise abordou avanços tecnológicos essenciais para o sucesso da TE, incluindo novos protocolos, sexagem de embriões, além do uso de embriões congelados Direct Transfer (DT) e vitrificados. No entanto, é claro que o sucesso do procedimento está no processo como um todo, em destaque ressalta-se que é de grande valia que o profissional apto a executar a técnica esteja sempre preparado e atualizado garantindo qualidade, eficiência e sustentabilidade na pecuária. Esta revisão foi desenvolvida com o propósito de adquirir conhecimento teórico, de forma detalhada e crítica, nas técnicas e procedimentos de Transferência de Embriões em bovinos, incluindo a colheita, manipulação e implantação de embriões. Palavras-chaves: Bovino, doadora, embrião, receptora. ABSTRACT Embryo Transfer (ET) in cattle is a globally widespread technique aimed at enhancing the reproductive capacity of females. It is closely linked to other techniques in reproductive biotechnologies, such as Ovum Pick-Up (OPU), In Vitro and In Vivo Embryo Production (PIVE), and Timed Embryo Transfer (TET), all of which are part of a process that ranges from donor selection, through embryo preparation, to their inoculation into carefully chosen recipients. With its advancement, various management technologies have been implemented: including methods for embryo transport, synchronization protocols for donors and recipients, and oocyte recovery protocols for embryo production. Although technology has been infused, the anticipated investments for producing animals of high genetic merit limit its widespread use. However, this analysis addressed essential technological advances for the success of ET, including new protocols, embryo sexing, as well as the use of frozen-thawed (DT) and vitrified embryos. Nevertheless, it is clear that the success of the procedure lies in the entire process. Notably, it emphasizes the significant value of having a qualified professional who is always prepared and updated to ensure quality, efficiency, and sustainability in livestock farming. This literary review was developed with the purpose of acquiring theoretical knowledge, in a detailed and critical way, on the techniques and procedures of Embryo Transfer in cattle, including the collection, manipulation and implantation of embryos. Keywords: Bovine, donor, embryo, recipient. -/- REFERÊNCIAS BIBLIOGRÁFICAS BARUSELLI, P.S; MADUREIRA, E.H. Controle farmacológico do ciclo estral em ruminantes. 2000, Anais.. São Paulo: Fundação da Faculdade de Medicina Veterinária e Zootecnia, USP, 2000. BARUSSELI, P.S. et al. Importância do emprego da eCG em protocolos de sincronização para IA, TE e SOV em tempo fixo. Biotecnologia de reprodução em bovinos (3° Simpósio Internacional de Reprodução Animal Aplicada). 2008. BRANDÃO, G.V.R. Revisão de Literatura: Transferência de Embrião em Bovinos. Curitibanos-SC, 2019. BUENO, A.P.; BELTRAN, M.P.; Produção in vitro de embriões bovinos. Revista Científica Eletrônica De Medicina Veterinária. ISSN 1679-7353, ano VI, n.11, Julho, 2008. CAETANO, S.G; SILVA, N.V.S. Inseminação artificial de bovnos em tempo fixo (IATF) – Revisão de literatura. UNIFUCAMP, Monte Carmelo- M.G, Junho, 2023. CARVALHO, V.H.S. et al. Impactos das biotécnicas da reprodução animal e o melhoramento genético na pecuária de corte. PUBVET, São Luis De Montes Belos, v.17, n.8, p.1-10, 2023 DANTAS, K.S.A.; NUNES, C. C. C.; FERREIRA, J.; DANTAS, R. A. A. Seleção de receptoras em um programa de transferência de embriões (PIVE) em bovinos no Nordeste do Brasil. Ciência Animal, Fortaleza, v. 28, p. 1-14, 2018. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia Clínica do Ciclo Estral de Vacas Leiteiras: Desenvolvimento Folicular, Corpo Lúteo e Etapas do Estro. 2020. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia da Reprodução de Bovinos Leiteiros: Aspectos Básicos e Clínicos. Emanuel Isaque Cordeiro da Silva, 2022. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia do ciclo estral dos animais domésticos. Emanuel Isaque Cordeiro da Silva, 2021. DA SILVA, Emanuel Isaque Cordeiro. Transferência de Embriões nos Animais e a Indústria de Embriões no Brasil. DIAS, L.R.O. Fatores que afetam a produção de embriões pela Transferência Intrafolicular de Ovócitos Imaturos (TIFOI) em bovinos. 2021. 85 f. Tese (Doutorado em [nome do programa]) - Faculdade de Agronomia e Medicina Veterinária, Universidade de Brasília, Brasília, 2021. DOMINGUES, P.F.; LANGONI, H. Manejo Sanitário Animal. Editora de Publicações Biomédicas Ltda - EPUB, Rio de Janeiro, 2001. 209 p. EMBRAPA. MINERAIS NA EFICIÊNCIA REPRODUTIVA DE BOVINOS. SÃO CARLOS- SÃO PAULO 2008. FIDELIS, C.A.S. Inseminação artificial em tempo fixo intracornual profunda em bovinos. Dissertação (mestrado acadêmico). Araguaína - TO, 2019. GONÇALVES, R.L.R.; VIANA, J.H.M. Situação atual da produção de embriões bovinos no Brasil e no mundo. In: Anais do XXIII Congresso Brasileiro de Reprodução Animal, 2019, Gramado, RS, 2019, p. 156-159. GOUVEIA, F.F. A Produção in vitro de embriões Bovinos. Monografia (Conclusão do curso de Medicina Veterinária) – Faculdade de Agronomia e Medicina Veterinária, Universidade de Brasília, Brasília, DF, 2011. GREGIANINI, J.T.F. et al. Avaliação de embriões bovinos utilizando sêmen sexado e convencional. In: SEMINÁRIO DA EMBRAPA ACRE DE INICIAÇÃO CIENTÍFICA E PÓS-GRADUAÇÃO, 4., 2021, Rio Branco, AC. Atividades agropecuárias e florestais para o desenvolvimento sustentável da Amazônia: Anais... Rio Branco, AC: Embrapa Acre, 2022. Pôster. GUARDA, A.C.A. Biotecnologia na reprodução animal: Uma visão teórico/prática de produção in vitro de embriões bovino. 2023. 28p. Trabalho de Conclusão de curso (Bacharelado de Zootecnia). Instituto Federal de Educação, Ciência e Tecnologia Goiano – Câmpus Rio Verde, Rio Verde, GO, 2023. HAFEZ, E.S.E.; HAFEZ. Reprodução animal / [coordenador de tradução da 7. ed. original Renato Campanarut Barnabe]. – Barueri, SP : Manole, 2004, il.; HONORATO, M.T. et al. Importância da escolha de receptoras em um programa de transferência de embriões em bovinos. PUBVET, Londrina, V. 7, N. 19, Ed. 242, Art. 1601, Outubro, 2013. HOPPER, R.M. Bovine Reproduction. Wiley Blackwell, Capítulo 78, p. 723-733, 2015. LIMA, Fabio Junior Arruda. Transferência de embriãos em tempo fixo em bovinos: Relato de Caso. Trabalho de Conclusão de Curso (graduação em medicina veterinária)- Universidade Federal de Santa Catarina-Campus Curitibanos. Curitibanos, 2018. MACHADO, R. et al. Metodologia para obtenção de concepto bovino. Embrapa Pecuária Sudeste, ISSN 1981-2078, São Carlos-SP, 2009. Disponível em:. Acessado em 11 de outubro, 2023 BASTOS, M.R. et al. Criopreservação de embriões bovinos produzidos in vitro. In: MENDONÇA, P. P. et al. (Org.). Tópicos Especiais em Ciência Animal XI. 1. ed. Alegre: CAUFES, 2022. Capítulo 13. MELO, R. et al. Utilização de ECG e FSH em protocolos de superovulação em bovinos. Manejo, Nutrição e Produção Animal: Tópicos Atuais em Pesquisa, v. 1, n. 1, p. 110-116, 2023. OLIVEIRA, C.S. et al. Biotécnicas da Reprodução em Bovinos. EMBRAPA, 2014. PASA, C. Transferência de embriões em bovinos. Biodiversidade, v. 7, n. 1, 2008. PAZZIM, L.V.L. Transferencia de embriões em bovinos: Revisão de literatura. Monografia (Trabalho conclusão de curso) - Universidade federal de Santa Catarina. Curitibanos, 2021. PENITENTE FILHO, J.M. et al. Produção de embriões bovinos in vivo e in vitro. Revista CFMV, Ano XX, p. 73-82, 2014. PENITENTE FILHO, J.M. Produção de Embriões Bovinos In Vivo e In Vitro. 2011. 22 f. Monografia (Especialização) - Curso de Medicina Veterinária, UFV, Viçosa, 2011. PILLA, L.F.C. Congelamento ultra-rapido de embriões bovinos com etilenoglicol associado ou não a trealose. 2005. 37f. Dissertação (Mestrado em Area de concentração em Fisiopatologia da Reprodução), Universidade Federal de Santa Maria, Santa Maria. RIBEIRO, L.V.P.; RIGOLON, L.P.; CAVALIERI, F.L.B.; SEKO, M.B.; MARTINEZ, A.C.; RIBEIRO, M.G.; MARTINS, R.R.; ÁVILA, M.R.; DE CONTI, J.B. Recuperação de oócitos e recuperação in vitro de embriões de vacas estimuladas com FSH ou eCG. Archivos de zootecnia. v. 60, n. 232, p. 1021-1029, 2011. ROCHA, J.R.; SANTOS, L.M. As vantagens da sexagen de embriões em bovinos. Revista científica eletrônica de medicina veterinária, ano IV, n.8, janeiro de 2007. RUBIN, M.I.B; Histórico dos 20 anos da Sociedade Brasileira de Tecnologia de Embriões, 2005. SANTOS, P.H. Impactos da superestimulação ovariana sore a diferenciação das celulas da grranulosa bovina. Dissertação de Mestrado em Farmacologia e Biotecnologia - UNESP. 2017. SEIDEL, G.E.J.; SEIDEL, S. M. Training manual for embryo transfer in cattle 2005. SENEDA, M.M.; ESPER, C.R.; GARCIA, J.M.; ANDRADE, E.R. Aspecto técnicos e biológicos da obtenção de oócitos bovinos: Revisão de Literatura. Ciências agrárias, Londrina, v. 23, n. 1, p. 101-110, 2002. SILVA, D.P.; TOLEDO, H.R.P.; SILVA, R.A.B.; CARVALHO, G.F.; MELO, A.F.; GARCIA, M.S.; et al. Transferência Intrafolicular de Ovócitos Imaturos (TIFOI): revisão de literatura. Zootecnia: Pesquisa e práticas contemporâneas - volume 2, 255-266, 2021. SPELL, A.R.; BEAL, W.E.; CORAH, L.R.; LAMB, G.C. Evaluating recipient and embryo factors that affect pregnancy rates of embryo transfer in beef cattle. Theriogenology, v. 56, p. 287-297, 2001. SPRÍCIGO, J.F.W.; DODE, M.A.N. Transferência Intrafolicular de Ovócitos Imaturos (TIFOI): uma Alternativa para Produção de Embriões Bovinos. Embrapa Recursos Genéticos e Biotecnologia, Brasília, 2016. VALLE, E.R. O ciclo estral de bovinos e os métodos de controle. EMBRAPA, 1991. VIANA, J.H.M. Classificação de embriões bovinos produzidos in vivo. Comunicado Técnico (EMBRAPA). ISSN 1678-3131, Juiz De Fora-MG, Novembro, 2009. VIANA, J.H.M. 2017 Statistics of embryo production and transfer in domestic farm animals: Is it a turning point? In 2017 more in vitro-produced than in vivo-derived embryos were transferred worldwide. Embryo Transfer Newsl, v.36(4), p.8-25, 2018. VIANA, J.H.M.; SIQUEIRA, L.G.; PALHAO, M.P.; CAMARGO, L.S.A.; Features and perspectives of the Brazilian in vitro embryo industry. Anim Reprod, v.9, p.12-18, 2012. WÜNSCHE JÚNIOR, A.G et al. Avaliação de uma segunda lavagem uterina sobre a recuperacão de embriões em vacas Nelore. Semina: Ciências Agrárias, Londrina, v. 29, n.3, p. 677-684, jul./set. 2008. (shrink)

Attempt of trans-disciplinary analysis of the evolutionary value of bioethics is realized. Currently, there are High Tech schemes for management and control of genetic, socio-cultural and mental evolution of Homo sapiens (NBIC, High Hume, etc.). The biological, socio-cultural and technological factors are included in the fabric of modern theories and technologies of social and political control and manipulation. However, the basic philosophical and ideological systems of modern civilization formed mainly in the 17–18 centuries and are experiencing ever-increasing and destabilizing risk-taking (...) pressure from the scientific theories and technological realities. The sequence of diagnostic signs of a new era once again split into technological and natural sciences’ from one hand, and humanitarian and anthropological sciences’, from other. The natural sciences series corresponds to a system of technological risks be solved using algorithms established safety procedures. The socio-humanitarian series presented anthropological risk. Global bioethics phenomenon is regarded as systemic socio-cultural adaptation for technology-driven human evolution. The conceptual model for meta-structure of stable evolutionary strategy of Homo sapiens (SESH) is proposes. In accordance to model, SESH composed of genetic, socio-cultural and techno-rationalist modules, and global bioethics as a tool to minimize existential evolutionary risk. An existence of objectively descriptive and value-teleological evolutionary trajectory parameters of humanity in the modern technological and civilizational context (1), and the genesis of global bioethics as a system social adaptation to ensure self-identity (2) are postulated. -/- . (shrink)

An extract from Williams' The Ground of Induction (1947): "The sober amateur who takes the time to follow recent philosophical discussion will hardly resist the impression that much of it, in its dread of superstition and dogmatic reaction, has been oriented purposely toward skepticism: that a conclusion is admired in proportion as it is skeptical; that a jejune argument for skepticism will be admitted where a scrupulous defense of knowledge is derided or ignored; that an affirmative theory is a mere (...) annoyance to be stamped down as quickly as possible to a normal level of denial and defeat. It is an age which most admires the man who, as somebody has said, 'has a difficulty for every solution'. Whether or not this judgment is fair, however, it is safe to say, with Whitehead, that 'the theory of induction is the despair of philosophy - and yet all our activities are based upon it'. [A.N. Whitehead, Science and the Modern World (New York, 1925, p. 35] So prodigious a theoretical contretemps cannot remain a tempest in the professors' teapot. The news that no foundation is discoverable for the procedures of empirical intelligence, and still more the proclaimed discovery that there is no foundation, and still more the complacency which recommends that we reconcile ourselves to the lack, condemn the problem as a 'pseudoproblem', and proceed by irrational faith or pragmatic postulate, will slowly shatter civilized life and thought, to a degree which will make the modernist's loss of confidence in Christian supernaturalism, so often cited as the ultimate in spiritual cataclysms, seem a minor vicissitude. The demand that rational man adjust himself to a somewhat bleaker universe than he once hoped for is only one large and picturesque instance of the sort of re-orientation which inductive intelligence, in its very nature,continually imposes, and well within the proved capacities of human reason and good-will.. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

The studies of ethics had long been under-dealt although it is the kind of primary in sustaining a civility. It is hardly deniable that the concept of efficiency and productivity has hailed on the mindedness and interest of academic community. The narrative of ethics or social justice would be ridiculed as the kind of Greek juggle on philosophy or put to be on neglect for its lacking or default on the modern disciplinary frame in the academics. A cure, however, seems (...) not to be from a juggernaut of modern capitalistic civilization and its supportive paradigm of understanding so that alternative way for any more realistic solution can be made exploitative from the ethics or similar tools of motivation. Now we talk about noblesse oblige or benevolent capitalism as one important dose for the new paradigm of social promise or reformed capitalism. The ethics studies have increasingly made its way as focused in the discipline of business and public administration. Typically, it is profiled in combination of leadership studies, and the civility tends to accept this narrative, beyond the liberal competition and fairness school, as one of important element when we consider the concept of social justice. The modern professionals, for example, bar members, medical doctors, and many of licensees for their business operation, also clone to carry their responsibility under a specific ethical code. This would be the kind of safety code from the abusive or madly profit-driven capitalism. More importantly, I believe that a sheer understanding of ethics and social justice would be assets and equipment for the ruling class in the contemporary society. In this context, the paper would survey an ethical theory or decision making model, history of Korea as well as a recent episode involving the chief prosecutor of South Korea. Korean leadership, typically for the powerful cores or inner circle princelings, can be revisited in purview of ethics studies, such as Cooper‟s design and ethical decision making model. (shrink)

The human rights often are cited as an ultimate goal for the discipline of social science. It guides the UN in the pursuit of its organizational mission, and the civil democratic government generally endorses this paradigm of state rule as supreme. Nonetheless, it seems a mishap if the human rights are thought to be valued only in the courtroom or police office. They are the kind of ubiquitous concept that we could share and must share, who would be the (...) scientists in ideological pursuit, the policy makers and administrators in state engineering, and even the business enterprises in the emerging influence. It is typically regrettable if the human rights are not one of foremost concern, but a penumbra from the callous public officers while the human rights allow them to stand fundamentally. They comprise the magic code they are required to respect than any other priority, and also provide the basis of ethics on which the administrators deliberate. The paper attempts to deal with the theme of human rights, and delineates the elements of them with the aid of history and philosophy as well as comparative summary if adequate. Then the author leads the discussion to any new perspective or suggestion in the face of modern administrative state and social progress. (shrink)

Over one hundred years ago, the Supreme Court emphatically declared that deportation proceedings are civil, not criminal, in nature. As a result, none of the nearly 400,000 individuals who were deported last year enjoyed any of the constitutional protections afforded to criminal defendants under the Sixth or Eighth Amendments. Among those 400,000 were numerous detained juveniles and mentally ill individuals who, as a result of the civil designation, had no right to appointed counsel. These individuals were thus forced (...) to navigate the labyrinth of immigration law alone. Others were lawful permanent residents who had pled guilty to minor offenses upon the correct advice of counsel that they could not be deported. These individuals later became subject to deportation when Congress retroactively changed the law, unbound by the criminal prohibition against ex post facto laws. The dichotomy between the gravity of the liberty interest at stake in these proceedings––a lifetime of exile from homes and families in the United States––and the relative dearth of procedural protections afforded respondents, has always been intuitively unjust to some. However, over the past twenty years, as immigration and criminal law have become intertwined as never before, the intuitive sense of many has matured into a scholarly movement exploring the criminalization of immigration law. This movement has taken aim at the incoherence of deportation’s civil designation. Until recently, however, there was little reason to think the Supreme Court would wade into the waters of the resurgent debate over the nature of deportation proceedings. In Padilla v. Kentucky, 130 S.Ct. 1473 (2010), however, the Court surprised almost everyone as it went to great length to chronicle the criminalization of immigration law and ultimately concluded that deportation is - uniquely difficult to classify. The immediate impact of the Padilla decision is the critical recognition that criminal defendants have a right to be advised by their attorneys if a plea they are contemplating will result in deportation. However, I argue, that in time Padilla may come to stand for something much more significant in immigration jurisprudence. When we read Padilla in the context of the Supreme Court’s evolving immigration jurisprudence, there is good reason to believe that Padilla is a critical pivot point for the Court. Padilla marks the beginning of a significant reconceptualization of the nature of deportation toward the realization that it is neither truly civil nor criminal. Rather, deportation is different. It is a unique legal animal that lives in the crease between the civil and criminal labels. This article explores the evolving arch of Supreme Court jurisprudence regarding the quasi-criminal nature of deportation proceedings and articulates a principled mechanism by which the scope of respondents’ rights can be defined under this new framework. (shrink)

The conceptual model of United Nations reform - "UN 3.0" includes the General Program of Action on UN Reform, consisting of two stages. The first stage for 2020-2025 envisages the transformation of the main organs of the UN - the General Assembly and the Security Council with measures to improve the effectiveness of the management system, address the "veto problem", problem of financing, improve staff work and administrative and financial control, strengthen UN media, improvement of work with the global (...) class='Hi'>civil society. The General Assembly is converted into the General All-Parliamentary Assembly of the UN. In the structure of the Assembly, the Council for Law is being established, which coordinates the activities of UN structures in the field of law. To coordinate the activities of the UN in the field of human rights and civil society, ethical issues, the General all-parliamentary Assembly creates the Council on ethics, human rights and civil society and transforms the Committee on information into the Council on public information and communication with civil society. The structure of the Council includes all UN media. The reform of the UN Security Council is carried out in three sub-stages. At the 1st sub-stage (2020-2021) the Security Council is transformed into the Council of Existential Security (CES). The membership of the CES is increased to 25 member countries, of which five countries have the right of the unconditional (absolute, eternal) veto: Great Britain, France, China, Russian Federation, USA. The General All-Parliamentary Assembly elects 15 new permanent members of the Council of Existential Security with the right of the conditional (limited) veto: Argentina, Australia, Brazil, Canada, Egypt, Germany, India, Indonesia, Italy, Mexico, South Africa, Nigeria, Pakistan , Turkey, Japan (if they fulfill the mandatory restrictive conditions). At this sub-stage, the CES elects also five non-permanent members with the right of a conditional (limited) veto when they meet the mandatory restrictive conditions, with a rotation period of 2 years from geographical regions (or regional unions): Africa, Latin America and the Caribbean, Asia and the Pacific Ocean (2 places), Eastern Europe. On the second sub-stage (2022-2023), subject to the effective activity of the CES of the enlarged composition and compliance with mandatory restrictive conditions, new permanent members of the "Existential Security Council" are elected with the right of a conditional (limited) veto: Iran, Spain, Poland, Saudi Arabia. Members of the CES may be regional unions, whose member countries are not represented in the CES, but still have one vote with the right of a conditional (limited) veto. -/- Two essential levels of the veto: 1. Unconditional (absolute, eternal) veto is the historical right of veto of the five permanent members of the Council of Existential Security - Great Britain, China, Russia, USA, France; 2. Сonditional (limited) veto is the veto of other permanent and non-permanent members of the Council of Existential Security. The right of veto is a unique international school for the achievement of consensus, a school of high democracy for Humanity, a reliable guarantee of the viability of the UN structure. The Council for Existential Security centralises the management of the UN subsidiary bodies with the expansion of their security functions: the Military Staff Committee, the Counter-Terrorism Committee, the Committee for the Prevention of the Spread of Nuclear, Chemical and Biological Weapons, the Sanctions Committees and other committees. On the basis of the decision of the Council of Existential Security, the General All-Parliamentary Assembly creates permanent contingents of UN peacekeeping and counter-terrorism forces. In addition, two Centers are being created in the structure of the Council for Existential Security: the World Center for the Elimination of the Effects of Technogenic and Natural Disasters with branches on all continents and the World Center for the Analysis of Existential Risks and the Overall Security Strategy. The Center is developing the Programs of research and monitoring of global existential threats and risks. In order to increase the level of legitimacy and authority of the Secretary General of the United Nations, the Rules of procedure for elections to this post are changing. Each member country of the Council for Existential Security represents one of the most authoritative candidates for election to the post of Secretary General at the session of the General All-Parliamentary Assembly, with the possibility of nominating candidates from other countries, including those not members of the Council for Existential Security. Elections are held in two rounds during one day of the session of the Assembly. The Legal Committee of the UN General Assembly is developing a Program for the Reform of the Judicial System of the United Nations, which takes into account the proposals of the previous international discussion and determines the scope and terms of the reform of the courts. In accordance with the Program of Action on UN Reform for 2020-2025, reforms are under way in the structure of the Economic and Social Council. The central task of the reform is to strengthen the coordinating role of ECOSOC in the entire system of UN-related specialized agencies, funds and programs related to the Council. The key task of the UN reform is the solution of the financing problem. A unified "UN Open Budget "Solidarity XXI" is being created, including the financing of peacekeeping operations and other expenses. Each country, a member of the United Nations, lists in an established period, once a year, an Existential contribution - the Earth Tax. The Earth Tax for each UN member state is established on the basis of four scales of calculation: Scale I - for 5 permanent members of the Council of Existential Security, who have the right of absolute (absolute) veto; Scale II - for the permanent members of the SEB, who have the right to a conditional (limited) veto; Scale III - for non-permanent members of the SEB, who have the right to a conditional (limited) veto; Scale IV - for all other UN member countries. The program of action on UN reform includes a set of measures to ensure transparent work of the International Civil Service Commission with the involvement of the UN media. To strengthen control functions in the sphere of personnel policy, administrative and financial management, the General All-Parliamentary Assembly of the United Nations establishes the Permanent Commission on Ethics and Administrative and Financial Control. All members of the Commission, members of the Committees and auditors are independent in their activities from the leadership of the United Nations, its funds and programs. The General All-Parliamentary Assembly completes the first stage of the Program of Action on UN Reform in 2025 and, following an open discussion, introduces a single language of international communication - Esperanto and approves it as the official language of the United Nations. With a view to more effective work of the central UN governing bodies in the face of increasing existential threats and risks, reducing the current expenses for the maintenance of the central bodies of the UN, the Council for Existential Security and the General All-Parliamentary Assembly decide on the relocation of the UN headquarters to Iceland. The UN building complex in New York is transferred to preferential use of non-governmental organizations, which contribute to the implementation of the goals of the United Nations. At the second stage of the UN reform in the period 2026-2028, additional necessary transformations are being made in the UN system. At the end of the first stage of the reform, taking into account the reforms carried out by the main organs of the United Nations and the internal improvement of the work of all its structures, the United Nations Program of Action for the years 2026-2028 is being developed. (shrink)

For more than two decades, police in the United States have used facial recognition to surveil civilians. Local police departments deploy facial recognition technology to identify protestors’ faces while federal law enforcement agencies quietly amass driver’s license and social media photos to build databases containing billions of faces. Yet, despite the widespread use of facial recognition in law enforcement, there are neither federal laws governing the deployment of this technology nor regulations settings standards with respect to its development. To make (...) matters worse, the Fourth Amendment—intended to limit police power and enacted to protect against unreasonable searches—has struggled to rein in new surveillance technologies since its inception. -/- This Article examines the Supreme Court’s Fourth Amendment jurisprudence leading up to Carpenter v. United States and suggests that the Court is reinterpreting the amendment for the digital age. Still, the too-slow expansion of privacy protections raises challenging questions about racial bias, the legitimacy of police power, and ethical issues in artificial intelligence design. This Article proposes the development of an algorithmic auditing and accountability market that not only sets standards for AI development and limitations on governmental use of facial recognition but encourages collaboration between public interest technologists and regulators. Beyond the necessary changes to the technological and legal landscape, the current system of policing must also be reevaluated if hard-won civil liberties are to endure. (shrink)

Is hactivism the new civil disobedience? I argue that most recent hacktivism isn't, and shouldn't be shoehorned into the category of civil disobedience. I sketch instead a broad matrix of electronic resistance, attentive to the many shapes and goals of hacktivism and I locate five clusters on it, briefly sketching possible dimensions of normative assessment for each: vigilantism, whistleblowing, guerrilla communication, electronic humanitarianism, and electronic civil disobedience.

The 2010s were a golden age of information privacy research, but its policy accomplishments tell a mixed story. Despite significant progress on the development of privacy theory and compelling demonstrations of the need for privacy in practice, real achievements in privacy law and policy have been, at best, uneven. In this chapter, I outline three broad shifts in the way scholars (and, to some degree, advocates and policy makers) are approaching privacy and social media. First, a change in emphasis from (...) individual to structural approaches. Second, increasing attention to the political economy of privacy—especially the business models of information companies, such as social media platforms. And third, a deeper understanding of privacy’s role in a healthy digital public sphere. (shrink)

It should now be recognized that codes are central to life and to understanding its more complex forms, including human culture. Recognizing the ‘conventional’ nature of codes provides solid grounds for rejecting efforts to reduce life to biochemistry and justifies according a place to semantics in life. The question I want to consider is whether this is enough. Focussing on Eigen’s paradox of how a complex code could originate, I will argue that along with Barbieri’s efforts to account for (...) the origins of life based on the ribosome and then to account for the refined codes through a process of ambiguity reduction, something more is required. Barbieri has not provided an adequate account of emergence, or the basis for providing such an account. I will argue that Stanley Salthe has clarified to some extent the nature of emergence by conceptualizing it as the interpolation of new enabling constraints. Clearly, codes can be seen as enabling constraints. How this actually happens, though, is still not explained. Stuart Kauffman has grappled with this issue and shown that it radically challenges the assumptions of mainstream science going back to Newton. He has attempted to reintroduce real possibilities or potentialities into his ontology, and argued that radically new developments in nature are associated with realizing adjacent possibles. This is still not adequate. What is also involved, I will suggest, utilizing concepts developed by the French natural philosopher Gilbert Simondon, is ‘transduction’ as part of ‘ontogenesis’ of individuals in a process of ‘individuation’, that is, the emergence of ‘individuals’ from preindividual fields or milieux. (shrink)

The argument presented here is that we live in a nihilistic culture founded on a nihilistic metaphysics, and to recover ethics it is not merely a matter of returning to virtue ethics, as called for by Alasdair MacIntyre, but the development of a new metaphysics and the incorporation of this into a new socio-economic order.

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...) not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

In Anti-Oedipus, Deleuze and Guattari claim that a general theory of society must be a generalised theory of flows. This is hardly a straightforward claim, and this paper attempts to examine the grounds for it. Why should socio-political theory be based on a theory of flows rather than, say, a theory of the social contract, or a theory of the State, or the questions of legitimation or revolution, or numerous other possible candidates? The concept of flow (and the related notions (...) of code and stock), I argue, is derived from contemporary economic theory, and most notably John Maynard Keynes. Deleuze and Guattari remained Marxists, not only because they held that contemporary political philosophy must inevitably be centred on the analysis of capitalism, but also because they held, following Marx himself, that the Marxist analysis of capital must constantly be transformed and adapted to new conditions. Thus, while certain aspects of Marx's analysis disappear from Capitalism and Schizophrenia, they are supplemented by the addition of new concepts adequate to the contemporary state of capitalism. The paper concludes, then, with an analysis of the role played by the concepts of flow, code and stock in Deleuze and Guattari's political philosophy. (shrink)

The new classes of super special codes are constructed in this book using the specially constructed super special vector spaces. These codes mainly use the super matrices. These codes can be realized as a special type of concatenated codes.

History can be understood as involving a problematic interplay between the long-term legacy of human evolution, still tempered into the human body today, and the shorter-term heritage of civilization from its beginnings to the present. Each of us lives in a tension between our indigenous bodies and our civilized selves, between the philosophy of the earth and that which I characterize as “the philosophy of escape from the earth.” The standard story of civilization is one of linear upward progress, a (...) story that I contest with an alternative philosophy of history, picturing history instead as a set of concentric circles. I have devised a new philosophy of history with a three-part approach to understanding human development, taking civilization not as a linear advance of progress, but rather as a progress in precision, paradoxically counteracted by a regression in mind: history as a contraction of mind. I describe three stages in the contraction of mind: 1) animate mind as the evolved outlook of foraging life; 2) anthropocentric mind as representing the contracting transformation of consciousness produced by agriculturally-based civilization; 3) mechanico-centric mind as representing a further contraction from human-centered to a machine-centered consciousness, produced by the rise of modern civilization and the mechanical scientific worldview. Hence, this progressive contraction is marked by a turn from original practical and reverential attunement to the living earth in hunting and gathering societies, or animate mind, to a narrower focus of anthropocentric mind beginning with the development of early civilizations, where the human element became central and the wild devalued. And it moves to an even more narrow focus of mechanico-centric mind, expanding out of late medieval Europe and the development of modern science, where the machine became model of the ultimate, the objectivist filter through which the world is to be understood and made to fit. Far from controlling nature, humans have been consuming it in an unsustainable Malthusian-like trajectory whose limits are being reached in our time. (shrink)

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...) the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (shrink)

Sortition, i.e. random appointment for public duty, has been employed by societies throughout the years as a firewall designated to prevent illegitimate interference between parties in a legal case and agents of the legal system. In judicial systems of modern western countries, random procedures are mainly employed to select the jury, the court and/or the judge in charge of judging a legal case. Therefore, these random procedures play an important role in the course of a case, and should comply with (...) some principles, such as transparency and complete auditability. Nevertheless, these principles are neglected by random procedures in some judicial systems, which are performed in secrecy and are not auditable by the involved parties. The assignment of cases in the Brazilian Supreme Court is an example of such a procedure, for it is performed using procedures unknown to the parties involved in the judicial cases. This article presents a review of how sortition has been historically employed by societies and discusses how Mathematical Statistics may be applied to random procedures of the judicial system, as it has been applied for almost a century on clinical trials, for example. A statistical model for assessing randomness in case assignment is proposed and applied to the Brazilian Supreme Court. As final remarks, guidelines for the development of good randomization procedures are outlined. (shrink)

The broadcast nature of communication in transmission media has driven the rise of network coding’s popularity in wireless networks. Numerous benefits arise from employing network coding in multi-hop wireless networks, including enhanced throughput, reduced energy consumption, and decreased end-to-end delay. These advantages are a direct outcome of the minimized transmission count. This paper introduces a comprehensive framework to employ network coding in these networks. It refines decision-making at coding and decoding nodes simultaneously. The coding-nodes employ optimal stopping theory to find (...) optimal moments for packet transmission. Meanwhile, the decoding-nodes dynamically decide, through SMDP (Semi Markov Decision Process) problem formulation, whether to conserve energy by deactivating radio units or to stay active for improved coding by overhearing packets. The proposed framework, named ENCODE, enables nodes to learn how and when to use network coding over time. Simulation results compare its performance with existing approaches. Our simulation results shed new light on when and how to use network coding in wireless multi-hop networks more effectively. (shrink)

This paper analyzes the specific shift in the meaning of “civilization” that took place in texts and documents of early American philosophical naturalism. Particularly, it will focus on the specific role that naturalization plays in the edification of a newly secularized, science-oriented, and democratic society, as well as of a naturalized conception of culture and civilization. Indeed, as the work of many philosophers and intellectuals of the Forties highlights, naturalism represents not only the banner of a new idea of civilization, (...) but at the same time becomes the symbol of a powerful postwar ideology. (shrink)

We reflect on the nature of corporate codes of conduct is this article. Based on John Austin’s speech act theory, four characteristics of a performative concept of corporate codes will be introduced: 1) the existential self-performative of the firm identity, 2) which is demanded by and responsive to their stakeholders; 3) Because corporate codes are structurally threatened by the possibility of failure, 4) embracing the code not only consists in actual corporate responsible behaviour in light of the code, (...) but in the incessant recapturing of the code in the struggle of firms against the possible incongruence between their ethical principles and their actual responsible behaviour. A performative concept of corporate codes helps to bridge classical dichotomies like individualist versus collectivist approaches of moral agency and restrictive versus empowering ethics, and opens a new perspective on the interaction between individual ethical behaviour and the corporate institutionalisation of codes. (shrink)

In 2007 the Chinese government embraced ‘ecological civilization’ as a central policy objective of the government. In 2012, the goal of achieving ecological civilization was incorporated into its constitution as a framework for China’s environmental policies, laws and education, and was included as a goal in its five-year plans. In 2017, the 19th Congress of the Communist Party called for acceleration in achieving this goal. Expenditure on technology to ameliorate environmental damage, reduce pollution and reduce greenhouse gas emissions has been (...) massively increased. It is also presented and promoted as a vision for our global future, in Cornelius Castoriadis’ terminology, a new social imaginary. (shrink)

Although successive generations of digital technology have become increasingly powerful in the past 20 years, digital democracy has yet to realize its potential for deliberative transformation. The undemocratic exploitation of massive social media systems continued this trend, but it only worsened an existing problem of modern democracies, which were already struggling to develop deliberative infrastructure independent of digital technologies. There have been many creative conceptions of civic tech, but implementation has lagged behind innovation. This article argues for implementing one such (...) vision of digital democracy through the establishment of a public corporation. Modeled on the Corporation for Public Broadcasting in the United States, this entity would foster the creation of new digital technology by providing a stable source of funding to nonprofit technologists, interest groups, civic organizations, government, researchers, private companies, and the public. Funded entities would produce and maintain software infrastructure for public benefit. The concluding sections identify what circumstances might create and sustain such an entity. (shrink)

In a recent paper in Astrophysics and Space Science Vol. 364 no. 11 (2019), S. Ershkov & D. Leschenko presented a new solving procedure for Euler-Poisson equations for solving momentum equations of the CR3BP near libration points for uniformly rotating planets having inclined orbits in the solar system with respect to the orbit of the Earth. The system of equations of the CR3BP has been explored with regard to the existence of an analytic way of presentation of the approximated (...) solution in the vicinity of libration points. A new and elegant ansatz has been suggested in their publication whereby, in solving, the momentum equation is reduced to a system two coupled Riccati ODEs. In this paper, we presented a numerical solution of such coupled Riccati ODEs using Mathematica software package. (shrink)

In this paper I attempt to open a new horizon in the field of civilization studies by examining the concept of painless civilization from the perspective of the philosophy of biological evolution. Since the space is limited, the priority will be given to the clarification of an overall structure. Modern civilization has created systems that seek “comfort and pleasure” and eliminate “pain and suffering” and has spread them to every corner of our society. It is progressing like a great wave (...) in many developed countries. I have called a civilization advancing in this direction a “painless civilization.” At first glance, the elimination of pain and suffering seems like a good thing. Of course, it is considered good if unbearable suffering (such as the pain of terminal cancer) that we encounter in our lives can be avoided through technology. This is not the problem. The problem is that modern civilization is moving in a direction where various forms of suffering that we might experience in the future are going to be erased from our lives, one after another, through preventive technologies (preventive elimination of pain). ... (shrink)

This interview focuses on Arran Gare’s thinking about ecological civilization and its relationship to a new theoretical ecology, strong democracy and political philosophy based on “ecopoiesis” or “home-making.” Gare believes that it is possible to create a global ecological civilization that empowers people to augment their ecological communities. Complex transformations of the social and economic organization of societies and a radical upheaval of our conceptions of what it means to be human are required to bring about this change to a (...) new ecological (eco-human) culture. (shrink)

This article has provided a critical review of sampling procedures in the context of Sierra Leone. The basics of the two major types of sampling procedures (probability and non-probability) have been explained, with a view of shedding light on their usage to assist researchers in their pursuance of addressing proposed hypothetical statements. Problems associated with low literacy rate in Sierra Leone have been highlighted as a major concern, more so in the process of ensuring ethical code of conducts are (...) adhered to during the execution of sampling research. Research practices in the country needs a complete overhaul, particularly with its very low investment in ‘Higher Education Institutions (HEIs)’ to help support the backbone of research, and backed by investment in technology to assist with the enhancement of exploring sampling data in pursuit of addressing hypothetical postulates / research questions during research. (shrink)

In this paper we address the issue of grounding for experiential concepts. Given that perceptual demonstratives are a basic form of such concepts, we examine ways of fixing the referents of such demonstratives. To avoid ‘encodingism’, that is, relating representations to representations, we postulate that the process of reference fixing must be bottom-up and nonconceptual, so that it can break the circle of conceptual content and touch the world. For that purpose, an appropriate causal relation between representations and the world (...) is needed. We claim that this relation is provided by spatial and object-centered attention that leads to the formation of object files through the function of deictic acts. This entire causal process takes place at a pre-conceptual level, meeting the requirement for a solution to the grounding problem. Finally we claim that our account captures fundamental insights in Putnam’s and Kripke’s work on “new” reference. (shrink)

The book addresses the broad issue of sustainability of our civilization and seeks to contribute to the ongoing discussion of what many see as its systemic crisis. There is a broad agreement that new creative ideas, initiatives, and solutions are essential for dealing with the current problems. However, despite this recognition, we still know very little about the process of creation and how it works. As a result, our civilization fails to harness the enormous creative potential of humanity. This failure, (...) the book argues, is the main source of our current problems—languishing economy, deteriorating environment, continued violence, the deficit of democracy, and the lack of new fundamental breakthroughs in science. It examines some of these problems and demonstrates the connection between them and our failure to embrace the process of creation. The book offers a perspective that sheds light on the process of creation. It pays special attention to the theoretical contributions of Jean Piaget and the ongoing discussions of knowledge production that help us understand better how the process of creation works. The central argument of the book is that in order to solve our current problems and ensure the sustainability of our civilization well into the future we must embrace the process of creation and make it the central organizing principle of our social practice. Finally, the book provides an outline of the principal changes that the adoption of the new social practice organized around the process of creation will involve. (shrink)

The post-Kantians were inspired by Kant’s Critique of Judgment to forge a new synthesis of natural philosophy, art and history that would overcome the dualisms and gulfs within Kant’s philosophy. Focusing on biology and showing how Schelling reworked and transformed Kant’s insights, it is argued that Schelling was largely successful in laying the foundations for this synthesis, although he was not always consistent in building on these foundations. To appreciate this achievement, it is argued that Schelling should not be interpreted (...) as an idealist but as a process metaphysician; as he claimed, overcoming the oppositions between idealism and realism, spiritualism and materialism. It is also argued that as a process metaphysician, Schelling not merely defended an organic view of nature but developed a theory of emergence and a new conception of life relevant to current theoretical and philosophical biology. This interpretation provides a defense of process metaphysics as the logical successor to Kant’s critical philosophy and thereby as the most defensible tradition of philosophy up to the present. It provides the foundations for post-reductionist science, reconciling the sciences, the arts and the humanities, and provides the basis for a more satisfactory ethics and political philosophy. Most importantly, it overcomes the nihilism of European civilization, providing the foundations for a global ecological civilization. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...) the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

: ‘Ecological civilization’ has been put forward as a utopia, as this notion has been defended by Ernst Bloch and Paul Ricoeur. It is a vision of the future that puts into question that which presently exists, revealing its contingency while offering an inspiring image of the future that can mobilize people to create this future. Ecological civilization is a vision based on ecological thinking, seeing all life as interdependent communities of communities. Humanity’s place in nature is redefined as participating (...) in communities, both human and non-human, including the global ecosystem. From this perspective, the end of life in both ethics and politics should be to augment life through augmenting the conditions for life, that is, through ‘ecopoiesis’ or ‘home-making’. What is involved in this has been clarified by work in biosemiotics and biohermeneutics where life is identified with semiosis, the production and interpretation of signs. Advancing biosemiotics and biohermeneutics, I will argue that living processes can be understood as proto-narratives organizing living processes to advance the conditions for life. They are inchoate in Ricoeur’s sense because they are not reflectively formulated as such but are being lived out. Developing our understanding of the world involves understanding these inter-related proto-narratives, including the proto-narrative that has operated in the creation of the biosphere and semiosphere, and recognizing the potential of human culture as part of this semiosphere to make explicit and re-emplot these proto-narratives. Most importantly, it is to make explicit and further develop the proto-narrative of the global ecosystem to augment the conditions for life. This will involve articulating a new grand narrative of not only humanity but of terrestrial life, orienting human communities at all levels to create and sustain a global ecological civilization. (shrink)

Problem Statement. In modern conditions the reconstruction of self-developing socio-technological- ecological systems, which include man as its element, is actualized. The result of such a construction will be the management of the value of technogenic risk in its biological, social and civilizational forms. And the obvious consequence will be the transition of the development of biopolitical problems to a new, no longer international, but global-evolutionary level. The theory and practice of such a reconstruction can be designated by the category of (...) “Transbiolitics,” which implies the political institutionalization of “ecological re整ection. The article is a logical continuation of our previous publication devoted to the analysis of the transformation of the political process into the main factor of global evolution and the biopolitical transformation of the geopolitical landscape. The purpose of this paper is to create a general sketch of the con散guration of the main trends of the coevolutionary interaction of biological, sociocultural and techno-rationalist modules of the stable evolutionary strategy of the technogenic civilization in the space of bio- and geopolitical connotations of international relations. Based on a combination of methods of conceptual, discursive and political-anthropological analysis (in the context of transbiolitical paradigm) the content of the category “Transbiolitical Chronotope” is revealed: a geopolitically di䍕erentiated set of socio-cultural vectors of modern civilization evolution. In other words, the trans-biopolitical chronotope determines the direction of inclusive technological transformation of both cultural and ecological niche and the biosocial nature of man. The general conclusion/prognosis can be reduced to two theses. Firstly, transbiolitics, formed in a di䍕erentiated cultural-civilizational context, is currently being integrated into the general political process, partially replacing and partially intertwining with geopolitical doctrines in the sphere of international relations. Secondly, the growing con整ict of technological civilization with the cultural and ecological niche constructed by it through the turbulence of the geopolitical sphere of social life can bring the level of technological and civilizational risk to the existential boundary. (shrink)

This paper analyzes the current crisis of the global industrial civilization as a coincidence of external and internal reasons, mainly as a coincidence of economic and environmental crises tendencies. The analysis is based on Habermas´ distinction between four types of social formation, and according to their internal organizational principles and an extent of their social and system integration, also types of crises that can occur in the given type of the social formation. The paper shows that the common reason of (...) economic and environmental crises which are a part of system crisis of industrial civilization is an imperative of growth. This imperative, as Habermas points out, is the immanent principle of institutions and systems of capitalism. Economic and demographic growth of industrial civilization based on capitalism principles has reached its limits. However, all types of social formation, institutions and civilizations are also determined by the imperative of sustainability. The current crisis is then characterized as a display of antagonism between the imperative of growth and imperative of sustainability. This antagonism creates a new category of transformation for sustainable societies or revolution conflicts in states that break environmental and economic limits of growth. These conflicts result from food and water shortages and could bring a growing instability into the world or lead into the collapse of the industrial civilization. (shrink)

In this new edition, a hypothesis is put forward for the first time to unify the Big Bang theory and the evolutionary theory by showing both events following the same set of fundamental interrelationships. As the evolution of life is a part of the evolutions of the universe, these two events express many fundamental similarities (this is self-similarity, which means a part of the system is similar to the whole system). Based on the same principle, the evolution of multicellular organisms, (...) social evolution, development of the human body, and human technological development are all a part of the evolution of life. Thus, they all follow the same set of rules that all life follows and, at the fundamental level, the interrelationships that the Big Bang follows. Therefore, all of these events follow the fundamental interrelationships and express fundamental similarities. In other words, all these events are the specific expressions of those fundamental interrelationships – the fundamental mechanism that governs everything in the universe. -/- Upon these interrelationships, new approaches to study social development and technological development are employed. By using the knowledge of the medical sciences, including the structures (anatomy and histology), functions (physiology) and development (embryology) of a human body; knowledge of the evolution of life; and the concept of fundamental interrelationships, we can see the future beyond the horizon. Using the nerve system in parallel as a model, we can comprehensively understand the development of the information revolution. Based upon parallel interrelationships, we can see that the transformation of society due to individuals’ power increase brought by new technologies bears great similarities with the transformation from the solid state of ice to the liquid state of water due the individual molecules’ kinetic energy increase. -/- As the fundamental interrelationships govern social evolution, all events in human civilisation are simply specific expressions of those rules in which significant social events not only changed the course of civilisation but left so many unanswered mysteries: how did the Greeks build such brilliant civilisations; why did the Scientific Revolution originate from the West rather than the East such as in China; why did the Chinese society remain in feudalism for such a long time while the Western society had evolved into a higher level – industrialization and modern society; why did the Chinese civilisation fall from its ancient glory in the modern time but rapidly re-rise again to a super power in the last few decades? All these mysteries remain unanswered because of the lack of fundamental laws of physics and evolutionary biology used in the traditional methodologies of social science. As the fundamental laws of physics are the fundamental mechanism for everything and these mysteries are a part of the evolution of life, the fundamental laws of physics and evolutionary biology are used in tackling these unanswered issues. For example, upon parallel relationship, Chinese civilisation is compared with the transition from unicellular organisms to multicellular organisms. From how unicellular organisms aggregate and evolve new rules to organise themselves, we can much better understand how human individuals aggregate to form societies and evolve new cultures to organise themselves in social evolution. Furthermore, transformation from the solid state of ice to the liquid state of water is used to analyze Chinese social evolution. With these approaches the mysteries in Chinese civilisation have been answered. -/- Ultimately, all these discussions in this book have demonstrated that the Interrelationships Model has unified social science with natural science, and furthermore, science with philosophy. This is an important attempt in answering the most fundamental and intriguing question of all – the Theory of Everything. -/- Currently, this book is for FREE download. (shrink)

This paper is aimed at combining the advances in argumentation theory with the models used in the field of education to address the issue of improving students’ argumentative behavior by interacting with an expert. The concept of deeper or more sophisticated argumentative strategy is theoretically defined and used to advance two new coding schemes, based on the advances in the argumentation studies and aimed at capturing the dialectical, or structural, behavior, and the argumentative content of each dialogue unit. These coding (...) schemes are then applied for a qualitative analysis of a study designed to investigate how students’ argumentative behavior can be influenced by the interaction with an expert, who used specific types of attacks to the interlocutors’ positions. The twofold coding shows at which dialogical level expert–peer interactions can directly and more stably affect students’ argumentative behavior, and what effects such more sophisticated strategies can have on the discussion and the analysis of disagreements. In particular, this paper shows how a specific type of deep-level attack, the underminer, can open dialogues of a different level, focused on unveiling and debating background beliefs underlying a specific position. (shrink)

This paper develops a new kind of approach to conspiracy theories – a procedural approach. This approach promises to establish that belief in conspiracy theories is rationally criticisable in general. Unlike most philosophical approaches, a procedural approach does not purport to condemn conspiracy theorists directly on the basis of features of their theories. Instead, it focuses on the patterns of thought involved in forming and sustaining belief in such theories. Yet, unlike psychological approaches, a procedural approach provides a rational critique (...) of conspiracist thought patterns. In particular, it criticises these thought patterns for failing to conform to procedures prescribed by reason. The specific procedural approach that I develop takes its cue from the Kantian notion that reason must be used self-critically. I tentatively suggest that conspiracy theorists fail to engage in the relevant sort of self-critique in at least three ways: they do not critically examine their own motivations, they avoid looking at matters from the point of view of others, and they fail to reflect on the limits of human knowledge. (shrink)

Stephanie Collins’ Group Duties offers interesting new arguments and brings together numerous interconnected issues that have hitherto been treated separately. My critical commentary focuses on two particularly original and central claims of the book: (1) Only groups that are united under a group-level decision-making procedure can bear duties. (2) Attributions of duties to other groups should be understood as attributions of “coordination duties” to each member of the group, duties to take steps responsive to the others with a view (...) to the group’s φ-ing or express willingness to do so. In support of the first claim, Collins argues that only groups that can make decisions can bear duties, and that the ability to make decisions requires the relevant sort of decision-making procedure. I suggest that both parts of this argument remain in need of further support. I furthermore argue that Collins’ account of coordination duties gets certain kinds of cases wrong, and suggest that attributions of duties to groups without decision-making procedures are more plausibly understood as attributing shared duties. (shrink)

The central place accorded the notion of ‘sustainable development' among those attempting to overcome ecological problems could be one of the main reasons for their failure. ‘Ecological civilization' is proposed and defended as an alternative. ‘Ecological civilization' has behind it a significant proportion of the leadership of China who would be empowered if this notion were taken up in the West. It carries with it the potential to fundamentally rethink the basic goals of life and to provide an alternative image (...) of the future. It could both inspire people and provide the cultural foundations for the cultural, social and economic transformations necessary to create a new world order, a world order in which humans augment rather than undermine the ecosystems of which they are part. This paper explicates these implications. (shrink)