This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

Este trabajo estudia algunas colecciones de documentos notariales árabes que se han conservado en Granada, desde el punto de vista de la mentalidad de archivo. Está especialmente enfocado al análisis de cómo y por qué sobrevivieron estos documentos y quién pudo pensar que se trataba de un material que merecía ser preservado. Este estudio contribuye a conocer mejor el comportamiento de los habitantes de Granada hacia los documentos árabes.

Boyer, Amalia. “Cuerpos, imaginarios y potencias.” _Eidos. Revista de filosofía de la Universidad del Norte_ 22 (2015):13-34.

RESUMEN Introducción: El proceso de cuidar es el resultado de una construcción propia de cada situación, se origina con la identificación de los problemas de salud y las necesidades reales o potenciales de las personas, familia y comunidad que demandan cuidado. Objetivo: Evaluar el impacto del Diplomado Prevención del Síndrome de Burnout, en el autocuidado del personal de enfermería de la Atención Secundaria de Salud de la provincia Camagüey. Métodos: Se realizó un estudio descriptivo observacional, en el Hospital Amalia (...) Simoni Argilagos de Camagüey, durante el Diplomado Prevención del Síndrome de Burnout dirigido al personal de enfermería de la Atención Secundaria de Salud. Para ello se aplicó una encuesta y el Test Psicológico de Maslach y Jackson al inicio y al final de la aplicación del Diplomado. Los datos aportados por estos instrumentos se complementaron con los provenientes de la aplicación de la técnica del PNI. Resultados: Predominó el sexo femenino. El total de los cursistas son licenciados en Enfermería. Con la ejecución del diplomado se constatan cambios importantes en cuanto a la autopreparación, el rendimiento, los hábitos de descanso, satisfacción personal y realización de ejercicios físicos. Discusión: La aplicación del diplomado logró transformar estilos de trabajo, afrontamientos al estrés, así como una mejor satisfacción personal y colectiva. ABSTRACT Introduction: The process of taking care is the result of a proper construction of every situation, it originates with the identification of the problems of health and the real or potential needs of the persons, family and community that demand care. Objective: To evaluate the impact of Postgraduate Course Prevention of the Syndrome of Burnout, in the self-care of the personnel of infirmary of the Secondary Attention of Health of the Camagüey province. Methods: a descriptive, observational study was carried out in the Hospital Amalia Simoni Argilagos of Camagüey, during Postgraduate Course Prevention of the Syndrome of Burnout directed to the personnel of infirmary of the Secondary Attention of Health. For that reason, a survey and the Psychological Test of Maslach and Jackson was applied at the beginning and at the end of the application of the course. The information contributed by these instruments complemented itself with the originated ones from the application of the technique of the PNI. Results: The sex that predominated was the feminine one. All of the students are licensed in Infirmary. With the execution of the course important changes are stated as for the self-preparation, the yield, the habits of rest, personal satisfaction and achievement of physical exercises. Discussion: The application of the course managed to transform styles of work, confrontations to the stress, as well as a better personal and collective satisfaction. (shrink)

It is becoming increasingly clear that repetitive DNA is of biological significance as well as experimental importance. Here we review the information available about one type of repetitive DNA, the trinucleotide repeat (CAC)n, and briefly compare it with other trinucleotide repeats. Although much work has been done in analysing DNA fingerprinting patterns produced using the synthetic oligonucleotide (CAC)5 as a probe, there is relatively little information about individual (CAC)n‐containing sequences and their abundance, organisation and distribution in mammalian DNA. From the (...) data that is available, it is clear that there are at least two areas that should repay further study: (1) the organisation and generation of long sequences that contain (CAC)n motifs as part of a larger repeating unit (minisatellites) and (2) the distribution of small (CAC)n sequences (microsatellites), in particular their relationship to genes. (shrink)

Companies that are serious about corporate governance and business ethics are turning their attention to gender diversity at the most senior levels of business . Board gender diversity has been the subject of several studies carried out by international organizations such as Catalyst , the World Economic Forum , and the European Board Diversity Analysis . They all lead to reports confirming the overall relatively low proportion of women on boards and the slow pace at which more women are being (...) appointed. Furthermore, the proportion of women on corporate boards varies much across countries. Based on institutional theory, this study hypothesizes and tests whether this variation can be attributed to differences in cultural settings across countries. Our analysis of the representation of women on boards for 32 countries during 2010 reveals that two cultural characteristics are indeed associated with the observed differences. We use the cultural dimensions proposed by Hofstede to measure this construct. Results show that countries which have the greatest tolerance for inequalities in the distribution of power and those that tend to value the role of men generally exhibit lower representations of women on boards. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

The first studies that sought to establish two-way communication between humans and great apes led to important findings but were nevertheless heavily criticized for their training methods, testing procedures, and claims. More recently, hundreds of pet owners around the world have begun training domesticated animals to use Augmentative Interspecies Communication (AIC) soundboard devices, contributing to the first ever large-scale study on interspecies communication. Here, we introduce our scientific approach to our global citizen science project, where we will investigate how dogs (...) and cats use AIC devices, building an incremental research program starting from their associative learning of buttons to determining how AIC device use might impact their welfare and their capacity for symbolic representation. We discuss how our multi-faceted approach can alleviate many of the concerns regarding the original studies performed with apes, achieving larger sample sizes, ample documentation of training techniques, and testing animals’ performance in controlled experimental settings. (shrink)

O presente artigo apresenta um relato de experiência das ações extensionistas promovidas no ano de 2021 pelo Núcleo de Estudos Afro-brasileiros e Indígenas (NEABI) do Campus Ibirama da Instituto Federal Catarinense. Devido ao contexto de pandemia de COVID-19, que perdurou durante quase todo o ano letivo de 2021, as atividades do Núcleo precisaram ser adaptadas para que ocorressem em ambientes virtuais. Apesar desta adequação forçada, que limitou em grande medida a diversidade das ações, foi possível identificar tanto o promissor potencial (...) do NEABI quanto os desafios a serem superados para que a temática étnico-racial seja definitivamente incluída nos espaços institucionais e passe a fazer parte do cotidiano da comunidade escolar. (shrink)

Previous studies show that medical students in clinical training face ethical problems that are not often discussed in the literature. In order to make teaching timely and relevant for them, it is important to understand what medical students perceive as ethical problems, as various factors may influence their perception, including cultural differences and working environment. The purpose of this qualitative study was to explore students’ perceptions of what an ethical problem is, during their clinical training in the hospital, and compare (...) the results from two different countries. We observed a total of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools, in Indonesia and the Netherlands. Data were interpreted and analyzed using content analysis. We found that students in both settings encounter problems which are closer to their daily work and responsibilities as medical students and perceive these problems as ethical problems. Indonesian students perceived substandard care and inequity in healthcare as ethical problems, while Dutch students perceived that cases which are not matters of life and death are less worthy to discuss. Our study suggests that there might be a gap between ethical problems that are discussed in class with teachers, and problems that students actually encounter in practice. Teachers should be aware of the everyday situations in clinical training which may be perceived by students as ethically problematic and should acknowledge and discuss these ethical problems with students as part of the learning processes in ethics education. (shrink)

Stigma against mental disability within the medical field continues to impose significant barriers on physicians and trainees. Here, we examine several implications of this stigma and propose steps toward greater inclusion of persons with mental disabilities in the physician workforce.

In this paper I shall address the connections between Deleuze and Guattari’s philosophy and Caribbean thought. However, I will only focus on Antonio Benítez Rojo’s essay The Repeating Island, since I have found in it the presence—or expression—of some key deleuzian and deleuzo-guattarian concepts. I will use the deleuzian concept of repetition to defend this stance, as well as to argue that one may find some of the most interesting readings of Deleuze’s texts in the work of Caribbean authors such (...) as Benítez Rojo, not only in spite of their relative understanding and lack of exegetical rigour, but rather thanks to the fact that this is, in no case, their main intention. The angle I have chosen does not intend to point out consistencies or inconsistencies in Benítez Rojo’s “appropriations” or “rewritings” of Deleuze and Guattari, for this would only keep us within the logic of the copy versus the original. Instead, this reading tries to destabilize the boundaries between philosophy and literature as well as between French and Caribbean thought. The undoing of these types of distinction intends to produce a new theatre of thought, a theatre of repetition, not of representation, in order to set up the scene for a contrapunteo between two images of thought: one deleuzian, the other Caribbean. Thus, we embark upon this journey hoping to have an encounter that promises yet another becoming to Deleuze’s philosophy. The angle I have chosen does not intend to point out consistencies or inconsistencies in Benitez Rojo’s “appropriations” or “re-writings” of Deleuze-Guattari, for this would only keep us within the logic of the copy versus the original. Instead, this reading tries to destabilize the boundaries between philosophy and literature as well as between French and Caribbean thought. The undoing of these types of distinction intends to produce a new theatre of thought, a theatre of repetition not of representation in order to set up the scene for a contrapunteo between two images of thought: one deleuzian, the other Caribbean. Thus, we embark on this journey hoping to have an encounter that promises yet another becoming of Deleuze’s philosophy. (shrink)

A sizeable body of literature suggests that informal methods of dispute resolution — and, in particular, conciliation — flourish only in societies marked by extensive social hierarchy. Given this literature, it is quite surprising to discover that in the mid-nineteenth century, the United States embarked on an extensive debate regarding whether to adopt "conciliation courts," whose primary function was to reconcile the disputants by persuading them to embrace an equitable compromise. First created by the French Revolutionaries in 1790, conciliation courts (...) were widely established throughout continental Europe. Observing this development, leading American lawyers and politicians pondered seriously whether the United states ought to follow suit. Debate over whether to embrace such institutions occurred at the very highest of levels, and a series of states enacted constitutional provisions authorizing their legislatures to create conciliation courts. Ultimately, however, despite the widespread interest in such institutions, these were never established — except in the notable case of the Freedmen’s Bureau courts of the Reconstruction South. This Article explores this largely forgotten episode in American legal history. It examines why a nation that was radically egalitarian by standards of the time would seriously consider embracing an institution that we tend more commonly to associate with inegalitarian, strongly hierarchical societies — and why, after coming so close to adopting conciliation courts, it ultimately failed to do so. In the process, by situating the debate over conciliation courts in a broader social and legal context, the Article also excavates the origins of the modern, quintessentially American commitment to the virtues of formal, adversarial process. (shrink)

Based on the argument that violence has a parasitic quality rather than an essence of its own, this article seeks to bring to light the conversion processes through which violence crystallises out of, as well as into, various phenomena. Violence is first examined in terms of the relation between perpetrator and victim with, however, an emphasis on the fact that violence cannot be reduced to the intention or the act of the perpetrator. On the contrary, violence is shown to have (...) the character of pathos and to open up a dimension of which the act itself is only a part. Further, the author argues that in being directed towards the other, violence harbours a performative contradiction: by turning the addressee into a thing to be destroyed, the addressing act cancels itself. The paper also sets out to identify the breeding grounds of violence, which, due to its capacity for conversion, can be detected in various phenomena that are not necessarily linked to violence. This means that violence can resort to various mechanisms and can emerge in multiple fields of activity: in bureaucracy, economics, medicine, politics, war, and most importantly, in everyday life, hidden under inconspicuous but sometimes pervasive forms. Finally, the metamorphoses of violence are shown to ultimately rest on the temporal character of violence, which implies that violence has a time of preparation and an aftermath. (shrink)

Este articulo se sitúa en el punto de cruce entre spinozismo y feminismo. Retomando aspectos de la filosofia de Spinoza presentes en la lectura de Moira Gatens, se establecerá un entramado de conexiones entre las nociones de cuerpo y potencia, cuerpos e imaginarios, cuerpos sexuados y cuerpo politico, potencia y creación. The topic developed herein locates in the point where Spinozism and feminism cross over. Based on some aspects of Spinoza's thought as pointed out by Moira Gatens' reading, a lattice (...) of connections will be built based on the notion pairs: body and power, bodies and imageries, sexed bodies and political body, power and creation. (shrink)

1. The Bundle Theory I shall discuss is a theory about the nature of substances or concrete particulars, like apples, chairs, atoms, stars and people. The point of the Bundle Theory is to avoid undesirable entities like substrata that allegedly constitute particulars. The version of the Bundle Theory I shall discuss takes particulars to be entirely constituted by the universals they instantiate.' Thus particulars are said to be just bundles of universals. Together with the claim that it is necessary that (...) particulars have constituents, the fundamental claim of the Bundle Theory is: (BT) Necessarily, for every particular x and every entity y, y constitutes x if and only ify is a universal and x instantiates y. 2 The standard and supposedly devastating objection to the Bundle Theory is that it entails or is committed to a false version of the Principle of Identity of Indiscernibles (Armstrong 1978: 91, Loux 1998: 107), namely: (Pll) Necessarily, for all particulars x and y and every universal z, if z is instantiated by x if and only if z is instantiated byy, then x is numerically identical with y. The most famous counterexample to the Identity of Indiscernibles is that put forward by Max Black, consisting of a world where there are only two iron spheres two miles apart from each other, having the same diameter, temperature, colour, shape, size, etc (Black 1952: 156). Let us from now on think of the properties of the spheres in this world as universals. The possibility of this world, which I shall hereafter refer to as 'Black's world', makes (Pll) false.' And according to common philosophical opinion this means that the Bundle Theory is false.. (shrink)

This essay is devoted to Albert the Great’s theoretical treatment of fatherhood and motherhood, male and female genders, in the generation of the vegetabilia. While animals reproduce by the mating of female and male individuals, plants do not display a sexual distinction through a male and female configuration. Moreover, in the generation of plants, the maternal and paternal functions are not performed by individuals of the same species as what is generated. To fulfill the generative process, plants require the external (...) agency of the Sun and the ground, traditionally deemed as “pater et mater plantarum”. The question of the generation of plants is dealt with at length in Albert’s De vegetabilibus et plantis, where he gives an extensive treatment of plants’ life modeled after the epistemology of Aristotle’s works on animals. This theoretical approach is not confined to Albert’s natural philosophical works but extends also to his theological investigation. By adopting an interdisciplinary standpoint, this essay will show how Albert progressively develops an explicative model for plants generation that, through the comparison with animal generation, aims at identifying the respective domains of matter and form, fatherhood and motherhood, male and female genders, also in the generation of plants. (shrink)

The paper proposes a theoretical analysis of A Pale View of Hills, using a psycho-literary approach to the themes of Japaneseness-Englishness, displacement, and the hybrid individual as they emerge from Kazuo Ishiguro’s novel. Etsuko’s pidgin identity results from the main character’s existential migration, which, in turn, stems from her experiencing and witnessing gender inequality, domestic abuse, and war trauma along with the gaping rift between generations. In line with Freud and Jung’s oneiric theories, the paper investigates Etsuko’s post-traumatic stress disorder (...) in order to explain why the protagonist fails to face the suicide of her elder daughter, Keiko, whose avoidant-insecure behaviour might have worsened after her forced uprooting and immigration to England. Although the middle-aged expatriate Etsuko is willing to find new motivation for living, based on the unusual habit of the subconscious to get used to repetitive traumas, her pidgin identity, impossible to recalibrate, may affect her ability to heal. (shrink)

In the 13th century, the availability of Aristotle’s treatises of natural philosophy encouraged forms of integration between libri naturales and sapientia biblica. Instead of diving into allegory and symbolism, several Dominican exegetes began to explore more realistic approaches. The foremost figure is Albert the Great. In his biblical commentaries, philosophy of nature and theology join forces as complementary forms of knowledge. By focusing on Albert’s De vegetabilibus, this paper is aimed at analyzing in which ways the Dominican master reuses his (...) naturalistic and, especially, botanical knowledge as an exegetical tool to deepen both the historical and the allegorical sense, realism and spiritual interpretation. (shrink)

Negli studi sul pensiero medievale la questione delle filosofie francescane si presenta come controversa a proposito della definizione di una essenza del pensiero francescano – in relazione alla figura di Francesco d’Assisi –, di temi di riflessione specifici e del rapporto con le tradizioni filosofiche precedenti.Si tratta di un francescanesimo controverso pure all’interno di una stessa tradizione storiografica, come quella Neoscolastica, in cui studiosi come Gilson, Vignaux e Boehner ne hanno sottolineato il carattere prevalentemente agostiniano o aristotelico.Partendo dalla consapevolezza della (...) problematicità della questione, il saggio si sofferma sui possibili caratteri comuni delle teorie della conoscenza in alcuni pensatori francescani tra XIII e XIV secolo, come Pietro Giovanni Olivi e Pietro Aureolo, a partire dai concetti di conversio, intentio e reflexio e dal loro rapporto con la tradizione agostiniana.Si delineano così teorie della conoscenza che privilegiano l’attività e l’immediatezza del conoscere, sia per la conoscenza diretta sia per quella riflessa.Infine, tali caratteri si possono cogliere pure in un autore non francescano ma secolare come Nicola di Autrecourt, la cui teoria della conoscenza ha fatto parlare di un internalismo vicino a quello delle correnti francescane del XIV secolo. In conclusione, se da una parte non si può ipostatizzare l’idea di caratteri comuni del pensiero francescano, dall’altra si può forse parlare di un comune universo discorsivo in cui la figura di Francesco d’Assisi mostra la propria portata filosofica nella storia. In the History of Medieval Philosophy’s studies, the question of Franciscan philosophies has been the subject of controversy concerning the definition of an essence of Franciscan thought, about the relationship with Francesco d’Assisi, of specific topics of reflection and relationship with the previous philosophical traditions.It is a controversial Franciscanism even within the same historiographical tradition, such as the Neo-Scholastic one, in which scholars such as Gilson, Vignaux and Boehner have emphasised its predominantly Augustinian or Aristotelian character.Starting from the awareness of the problematic nature of the issue, the essay focuses on the possible common peculiarities of the theories of knowledge in some Franciscan thinkers between the 13th and 14th centuries, such as Pietro Giovanni Olivi and Pietro Aureolo, starting from the concepts of conversio, intentio, reflexio and their relationship with the Augustinian tradition.Thus the theories of knowledge are delineated which privilege the activity and the immediacy of knowing, both for direct and reflected knowledge.Finally, these features can also be grasped in a non-Franciscan but secular author like Nicola di Autrecourt, whose theory of knowledge has made mention of a type of internalism close to that of the 14th century Franciscan movement. Therefore, in conclusion, while on the one hand the idea of common particularities of Franciscan thought can not be hypostatised, on the other hand we can perhaps speak of a common discursive universe in which the figure of Francesco d’Assisi shows his philosophical significance in history. (shrink)

This paper deals with the equilibria of games when the agents have multiple objectives and, therefore, their utilities cannot be represented by a single value, but by a vector containing the various dimensions of the utility. Our approach allows the incorporation of partial information about the preferences of the agents into the model, and permits the identification of the set of equilibria in accordance with this information. We also propose an additional conservative criterion which can be applied in this framework (...) in order to predict the results of interaction. The potential application of the theoretical results is shown with an analysis of a mixed oligopoly in which the agents value additional objectives other than their own benefit. These objectives are related to social welfare and to the profit of the industry. The flexibility of our approach provides a general theoretical framework for the analysis of a wide range of strategic economic models. (shrink)