Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civilâcriminal processes, of strict liability, of incentives to plead guilty, and of (...) preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld. (shrink)
As opposed to Descartes, and in accordance with authors such as Nietzsche, Darwin or Chomsky, Pinker sustains that language is just another instinct of human nature. But he differs himself from Chomsky by affirming that language is also the result of the mechanism of natural selection. Recent discoveries seem to strengthen Pinker’s thesis, in as far as it has been possible to establish a link between the FOXP2 gene and language. Philosophy should take good note of these results, as they (...) fully affect the status of lógos: from now on, it is possible, without needing to resort to any type of transcendence, to consider language as constitutive of human singularity regarding other species and, at the same times, as just another avatar in the evolution of the natural world. (shrink)
Se analizará la manera en que la influencia teórica de las ciencias biológicas y médicas sobre la noción de “vida” imponen una transformación de las construcciones políticas, ideológicas y legales de un Estado que puede ser descrito como biopolítico. Para esto, se acudirá al análisis de la transformación de la idea operativa de “vida” desde la perspectiva agambiana de la politización de la muerte y la pretensión de disolver el umbral de decidibilidad entre vida y muerte para tomar, luego, tres (...) ejemplos de instancias legales en las que puede terminarse con la vida sin contradecir el propósito biopolítico de protegerla; esto es, instancias en las cuales no existe penalización ante la finalización de la vida. Estos tres ejemplos, que se presentarán de manera progresiva son: a) la eutanasia, b) el aborto y c) la contracepción. Es importante aclarar que no se pretende defender ni condenar en un plano moral las instancias de decisión sobre la disposición de una vida distinta de la propia, ni tampoco dar argumentos para que algo así se haga. Por el contrario, lo que aquí se pretende es aportar una dimensión explicativa –y analítica– desde el marco de la biopolítica, siguiendo, quizá, la sugerencia agambiana respecto de la necesidad de adoptar una perspectiva de este tipo para poder tener una comprensión adecuada de ciertos fenómenos políticos. (shrink)
: Marietta Kies and Lucia Ames Mead were two late nineteenth-century thinkers who anticipated the late twentieth-century feminist "ethic of care." Kies drew on Hegel's philosophy to develop a political theory of altruism. Ames Mead adopted Kant's theory of peace and established a pacifist theory based on international cooperation. Both Kies and Mead insisted that the prototypically "feminine" ideals they espoused are rational, not emotional, responses to modern political life, and are essential to good political practice. Kies was a (...) member of the early Hegelian movement and Christian Socialist movement. Ames Mead was a member of the Woman's Peace Party and the Women's International League for Peace and Freedom, and an early proponent of the League of Nations. (shrink)
Festa da Ouriçada e devoção a Santa Luzia na praia de Suape-PE: expressão sincrética e simbólica da biodiversidade e do território de pescadores artesanais (Sea Urching Festival and the devotion to Santa Lucia, on the beach of Suape, Pernambuco) - DOI: 10.5752/P.2175-5841.2013v11n30p545 Este artigo busca compreender o simbolismo da Festa da Ouriçada em sua fusão com a Festa de Santa Luzia, realizada todo dia de 13 de dezembro, enquanto manifestação da cultura e da religiosidade popular de uma comunidade de (...) pescadores artesanais. Essas festas são protagonizadas há várias gerações pela população que habita a baía de Suape, cujo território é disputado pelo Complexo Industrial do Porto de Suape, o que tem provocado graves impactos ambientais sobre a biodiversidade da área com prejuízo das atividades pesqueiras. Como metodologia optou-se pelo estudo etnográfico com uso da observação participante e entrevistas com ênfase na história de vida, combinado com pesquisa bibliográfica e documental. Ainda considerou-se a memória narrativa como composta por “símbolos que demarcam a identidade de um grupo social” (TEDESCO, 2002), explicitando elementos como “relações sociais, seus vínculos de pertencimento, o significado da natureza biofísica nas suas vidas e o conflito socioambiental vivenciado” (SOUZA, 2009). Palavras-chave: Catolicismo popular. Conflitos territoriais. Simbolismo. Biodiversidade.This article aims to understand the symbolism of the Sea Urchin Festival connected with the Saint Luzia Festival, celebrated on December 13, as a cultural and popular religiosity manifestation from a fishermen community. These festivals belong to the people that inhabits the Suape Bay but whose territory is still been disputed by the Industrial Complex of Suape Port that has caused serious environmental impacts over the local biodiversity, thus threatening the fishing activity. The methodology of this research is an ethnographic study that uses the participant observation and interviews with special emphasis on life story, as well as literature and documents. The methodology took into account also the memory narrative composed of “symbols that mark the identity of a social group”. (TEDESCO, 2002), highlighting elements as “social relationship, their ties of belonging, the nature of biophysical meaning into their lives and the environmental conflicts experienced” (SOUZA, 2009). Keywords : Popular Catholicism. Territorial conflicts. Symbolism. Biodiversity. (shrink)
Desde Patterson, Estados Unidos, Génova, Italia, Buenos Aires, Argentina o Santiago de Chile, desafiando hasta cientos de miles de kilómetros de distancia, más de medio millón de mujeres tejen porfiadamente, cotidianamente, lazos de amor y cuidado con sus hijos e hijas en Perú. El hilo con que hilvanan estas nuevas formas de ser y hacer familias, transformando el mundo y transformándose, es el cable telefónico. Un nuevo cordón umbilical por el que van y vienen los afectos y cuidados, los enoj..
Sarah Hoagland suggests that through developing the method of "attending" and the ethics of "autokoenony," individual integrity and agency will result. While acknowledging the utility of these ideals for many lesbians and wimmin, I argue that Hoagland's thesis is, regrettably, not universally applicable.
This study compares the Internet (corporate web pages) and annual reports as media of social responsibility disclosure (SRD) and analyses what influences disclosure. It examines SRD on the Internet by Portuguese listed companies in 2004 and compares the Internet and 2003 annual reports as disclosure media. The results are interpreted through the lens of a multi-theoretical framework. According to the framework adopted, companies disclose social responsibility information to present a socially responsible image so that they can legitimise their behaviours to (...) their stakeholder groups and influence the external perception of reputation. Results suggest that a theoretical framework combining legitimacy theory and a resource-based perspective provides an explanatory basis for SRD by Portuguese listed companies. (shrink)
Cognition is embodied when it is deeply dependent upon features of the physical body of an agent, that is, when aspects of the agent's body beyond the brain play a significant causal or physically constitutive role in cognitive processing. In general, dominant views in the philosophy of mind and cognitive science have considered the body as peripheral to understanding the nature of mind and cognition. Proponents of embodied cognitive science view this as a serious mistake. Sometimes the nature of the (...) dependence of cognition on the body is quite unexpected, and suggests new ways of conceptualizing and exploring the mechanics of cognitive processing. Embodied cognitive science encompasses a loose-knit family of research programs in the cognitive sciences that often share a commitment to critiquing and even replacing traditional approaches to cognition and cognitive processing. Empirical research on embodied cognition has exploded in the past 10 years. As the bibliography for this article attests, the various bodies of work that will be discussed represent a serious alternative to the investigation of cognitive phenomena. Relatively recent work on the embodiment of cognition provides much food for thought for empirically-informed philosophers of mind. This is in part because of the rich range of phenomena that embodied cognitive science has studied. But it is also in part because those phenomena are often thought to challenge dominant views of the mind, such as the computational and representational theories of mind, at the heart of traditional cognitive science. And they have sometimes been taken to undermine standard positions in the philosophy of mind, such as the idea that the mind is identical to, or even realized in, the brain. (shrink)
The general question to be considered in this paper points to the nature of the world described by chemistry: what is macro-chemical ontology like? In particular, we want to identify the ontological categories that underlie chemical discourse and chemical practice. This is not an easy task, because modern Western metaphysics was strongly modeled by theoretical physics. For this reason, we attempt to answer our question by contrasting macro-chemical ontology with the mainstream ontology of physics and of traditional metaphysics. In particular, (...) we introduce the distinction between stuff-ontology, proper of chemistry, and individual-ontology, proper of physics. These two ontologies differ from each other in the basic categories of their own structures. On this basis, we characterize individual-ontology in such a way that the features of stuff-ontology will arise by contrast with it. (shrink)
Firms engage in corporate social responsibility (CSR) because they consider that some kind of competitive advantage accrues to them. We contend that resource-based perspectives (RBP) are useful to understand why firms engage in CSR activities and disclosure. From a resource-based perspective CSR is seen as providing internal or external benefits, or both. Investments in socially responsible activities may have internal benefits by helping a firm to develop new resources and capabilities which are related namely to know-how and corporate culture. In (...) effect, investing in social responsibility activities and disclosure has important consequences on the creation or depletion of fundamental intangible resources, namely those associated with employees. The external benefits of CSR are related to its effect on corporate reputation. Corporate reputation can be understood as a fundamental intangible resource which can be created or depleted as a consequence of the decisions to engage or not in social responsibility activities and disclosure. Firms with good social responsibility reputation may improve relations with external actors. They may also attract better employees or increase current employees’ motivation, morale, commitment and loyalty to the firm. This article contributes to the understanding of why CSR may be seen as having strategic value for firms and how RBP can be used in such endeavour. (shrink)
: While the work of such expositors as Max H. Fisch, James J. Liszka, Lucia Santaella, Anne Friedman, and Mats Bergman has helped bring into sharp focus why Peirce took the third branch of semiotic (speculative rhetoric) to be "the highest and most living branch of logic," more needs to be done to show the extent to which the least developed branch of his theory of signs is, at once, its potentially most fruitful and important. The author of this (...) paper thus begins to trace out even more fully than these scholars have done the unfinished trajectory of Peirce's eventual realization of the importance of speculative rhetoric. In doing so, he is arguing for a shift from the formalist and taxonomic emphasis of so many commentators to a more thoroughly pragmaticist and "rhetorical" approach to interpreting Peirce's theory of signs. (shrink)
: Articulating heterosexualism is not to supplicate for gays (that's the work of 'heterosexism' and 'homophobia') but to better understand consequences of institutionalizing a particular relationship between men and women. In this essay, Hoagland takes up the claim from a number of women of color that women are not all the same gender.
This article contributes to the growing scholarship on the topic of assurance services for sustainability reports. We first synthetically illustrate the main international standards for the implementation of assurance services regarding the subject documents. The second part of our article is an empirical analysis of reports drawn up on the basis of the current Global Reporting Initiative 2006 guidelines, and looks at how effectively these standards have been implemented, analyzing the different typologies of assurance statement.
Interpreters of futurism are often fascinated by its most violent and misogynistic aspects, ignoring its other sides, and the liberatory effect that its attack on bourgeois values had on a considerable number of women. Yet one of the elements which make the complexity of futurism evident is the substantial participation of women in it. Valentine de Saint-Point, Enif Robert, Maria Ginanni, Irma Valeria, Rosa Ros , and Benedetta (Marinetti's wife) were inspired by its groundbreaking, transgressive energy. As futurist writers and (...) artists they contributed to alter and enrich the movement and its language, countering its misogyny, and taking futurism in different directions. Mina Loy, one of the greatest and most influential among the experimental writers of the twentieth century, was inspired by futurism to seek her personal and intellectual liberation as a futurist-feminist woman, and started out her literary career essentially as a futurist poet and iconoclast. Her work, although written in English (a language that Marinetti did not know), is some of the best and most interesting in the literary history of futurism. (shrink)