The proposed reflection intends to present the problem of judicial adjudication as a substantially-axiologically founded autonomous moment on the practical realization of law, and to explore this understanding in confrontation with external exigencies, mostly teleologically determined—hence, beyond strict deductive application, as a syllogistic reference of facts to norms, and finalistically determined decision, as an option among possible alternatives to achieve specific aims. The main objective is to enter into a discussion on the methodological meaning of “integrity”, “hard cases” and “right (...) answer”, as presented by Ronald Dworkin, and a critical reflection on the criticism of that approach levelled by Neil MacCormick, so as to confront the relevance of principle and policy arguments, in order to bring about a different methodological approach, an alternative jurisprudentialist conception of adjudication, incorporating a practical-normative constitutive dialectics between legal controversy and legal system, such as that presented by Castanheira Neves. The focus will, then, be the legitimacy of the connection of arguments of principle and consequentialist arguments in adjudication, its selection and its justification, stating, therefore, a specifically assumed judicium, a judicative decision, having the legal system as its horizon of normative reference and of substantial and institutional autonomy. (shrink)

Rationality and reasonableness can be illustrated as Janus-faced concepts, not only in a descriptive diagnosis but also in a normative construction of adjudication, and in the analysis of its practical and rhetorical effects. Considering such an illustration, the present reflection returns to the discussion on the relevance of rationality and reasonableness in legal interpretation, aiming at distinguishing and/or connecting principles and criteria, beyond formally logical and/or procedurally argumentative decision-making, and, thus, within a normatively practical adjudication. Such an approach will be (...) presented in two main steps. In a first step, the rationality/reasonableness dichotomy will be discussed within a constitutive connection between principles and criteria in adjudication, and understanding legal principles as normatively substantial foundations to legal criteria—the former as axiological references filtered into the juridical system and the latter as their concretizations, and whose practical adequacy is rhetorically assigned by the interpretive communities involved in/by adjudication, and normatively referred both to their practical accordance to the axiological normativity of the principles they shall presuppose and to their suitability as practical operators to the problematic relevance of the sub judice cases. In a second step, and consequently, encompassing the projection of legal interpretation, in semiotic and in practical-normative perspectives, in order to discuss their constituting practical relevance in adjudication, the rationality/reasonableness dichotomy will be experimented within formal-logical procedures and within practical-dialectical connections between juridical problem and juridical system—therefore stating a discussion on the foundations, the intentionality and the consequences of adjudication, amongst deduction and analogy. (shrink)

The concept of shared mental models refers to the shared understanding among team members about how they should behave in different situations. This article aimed to develop a new shared mental model measure, specifically designed for the refereeing context. A cross-sectional study was conducted with three samples: national and regional football referees (n = 133), national football referees and assistant referees and national futsal referees (n = 277), and national futsal referees (n = 60). The proposed version of the Referee (...) Shared Mental Models Measure (RSMMM) has 13 items that are reflected on a single factor structure. The RSMMM presented good validity evidence both based on the internal structure and based on relations to other variables (presenting positive associations with team work engagement, team adaptive performance, and team effectiveness). Such promising psychometric properties point to an optimistic outlook regarding its use to measure shared mental models in futsal and football referee teams. -/- . (shrink)

To identify how digital media are being used by community-led initiatives of the Centro Region of Portugal, and to identify the requirements that a digital platform for mediation between agents in the territory should have, two focus groups were conducted, involving six small-sized community-led initiatives and six larger-sized community-led initiatives. This article details the results of these focus groups, according to the following main categories: use of existing communication and mediation tools; the purpose of use of digital tools; type of (...) experiences prompted by digital tools and attributes and features desired in a digital platform to support community-led initiatives. The results show differences between the use and needs of digital tools by small- and larger-sized initiatives and offer interesting insights to prototype an innovative digital solution, to enhance the actions of community-led initiatives. A reference framework for digital mediation strategies and a mobile app prototype were developed, based on these surveys. The article contributes with an analytical view about the development of digital solutions, which aim to strengthen the relationship among agents of local communities and promote mediation mechanisms among all stakeholders in territorial-based innovation. (shrink)

This introductory chapter integrates two different steps: a global consideration of the problems which the “signifier” limits is able to include and a detailed mapping of the reflective path which the following thirteen chapters effectively pursue.

Teaching is, to date, one of the most prone jobs to experiencing occupational stress and burnout. Owing to burnout’s negative personal, social, organizational and economic impacts, researchers, practitioners and education policy leaders are interested in developing practices and interventions aimed at preventing/reducing its prevalence. With teachers’ main professional demands to be of a social and emotional nature, interventions designed with a view to promote teachers’ social and emotional competence appears to be particularly promising, positively impacting teachers’ well-being and personal accomplishment (...) and contributing to a decrease in their psychological distress, namely emotional exhaustion. However, theoretical and empirically grounded interventions with ecological validity and specifically targeting teachers are still scarce. Thus, to bridge the previously identified gaps, the present study aimed to evaluate the efficacy and the quality of the intervention’s implementation of the A+, an online social and emotional learning intervention for elementary-school teachers. A quasi-experimental study was conducted with a total of 81 participants from three different school contexts. School clusters were similar in size, organizational structure and socioeconomic level, and as regards previous attendance at social and emotional learning interventions; however, they differed with regards to perceived organizational climate. Data on the efficacy of the A+ was collected across four waves using a set of self-report questionnaires that assessed proximal variables and distal variables, and analyzed through Robust Linear Mixed-Effects Models. Coefficient omegas suggested adequate reliability of the measures. Additionally, two trained observers completed an observation grid to evaluate the quality of the A+ implementation, with excellent inter-rater reliability. Results suggested that, over time, the A+ had positive impacts across proximal and distal variables favoring the experimental group. However, results differed across the school contexts. These findings were accompanied by good implementation quality indicators, namely high fidelity in the delivery of the A+ contents and high participants’ responsiveness. Despite its limitations, this study contributes to a growing body of research which reinforces the importance of investing in social and emotional learning interventions to prevent teachers’ burnout and improve their occupational health. Furthermore, it highlights the importance of implementation quality research as a component of program planning with a view to enhancing programs’ efficacy, as well as the need to adapt and consider context variables in research and practice. (shrink)

From an early age, exposure to a spoken language has allowed us to implicitly capture the structure underlying the succession of speech sounds in that language and to segment it into meaningful units. Statistical learning, the ability to pick up patterns in the sensory environment without intention or reinforcement, is thus assumed to play a central role in the acquisition of the rule-governed aspects of language, including the discovery of word boundaries in the continuous acoustic stream. Although extensive evidence has (...) been gathered from artificial languages experiments showing that children and adults are able to track the regularities embedded in the auditory input, as the probability of one syllable to follow another syllable in the speech stream, the developmental trajectory of this ability remains controversial. In this work, we have collected Event-Related Potentials while 5-year-old children and young adults were exposed to a speech stream made of the repetition of eight three-syllable nonsense words presenting different levels of predictability to mimic closely what occurs in natural languages and to get new insights into the changes that the mechanisms underlying auditory statistical learning might undergo through the development. The participants performed the aSL task first under implicit and, subsequently, under explicit conditions to further analyze if children take advantage of previous knowledge of the to-be-learned regularities to enhance SL, as observed with the adult participants. These findings would also contribute to extend our knowledge of the mechanisms available to assist SL at each developmental stage. Although behavioral signs of learning, even under explicit conditions, were only observed for the adult participants, ERP data showed evidence of online segmentation in the brain in both groups, as indexed by modulations in the N100 and N400 components. A detailed analysis of the neural data suggests, however, that adults and children rely on different mechanisms to assist the extraction of word-like units from the continuous speech stream, hence supporting the view that SL with auditory linguistic materials changes through development. (shrink)

The question of intellectual intuition in medieval philosophy is generally associated with names like John Duns Scotus and William Ockham whose majorcontributions to the development of the theory of intuition are well established. Nevertheless the way they approached this philosophical question is strongly related to the Franciscan tradition to which they both belonged so that an extensive comprehension of their theories of intuition requires the inquiry of their sources. As this paper means to show, Matthew of Aquasparta is one of (...) John Duns Scotus’s most important sources in this matter and his treatment of both thequestions of direct intellectual knowledge of the material individual and of the self-knowledge of the soul are important in order to understand the role of theintelligible species and the immediate character of intuitive cognition. While for Matthew of Aquasparta there is no contradiction between the implication of thespecies in intuitive cognition and its immediacy, John Duns Scotus and William Ockham both find a contradiction between these aspects of knowledge andtherefore they both reject the presence of the species in intuitive cognition which is immediate. This paper will show the background of Matthew’s theory and theway he demonstrated that the presence of a species does not always qualify as mediation in knowledge and does not as such hinder the intuitive cognition. (shrink)

The question of intellectual intuition in medieval philosophy is generally associated with names like John Duns Scotus and William Ockham whose majorcontributions to the development of the theory of intuition are well established. Nevertheless the way they approached this philosophical question is strongly related to the Franciscan tradition to which they both belonged so that an extensive comprehension of their theories of intuition requires the inquiry of their sources. As this paper means to show, Matthew of Aquasparta is one of (...) John Duns Scotus’s most important sources in this matter and his treatment of both thequestions of direct intellectual knowledge of the material individual and of the self-knowledge of the soul are important in order to understand the role of theintelligible species and the immediate character of intuitive cognition. While for Matthew of Aquasparta there is no contradiction between the implication of thespecies in intuitive cognition and its immediacy, John Duns Scotus and William Ockham both find a contradiction between these aspects of knowledge andtherefore they both reject the presence of the species in intuitive cognition which is immediate. This paper will show the background of Matthew’s theory and theway he demonstrated that the presence of a species does not always qualify as mediation in knowledge and does not as such hinder the intuitive cognition. (shrink)

Much of the human research conducted in the United States or by U.S. researchers is regulated by the Common Rule. The Common Rule reflects the decision of 17 federal agencies, including the Department of Health and Human Services, to require that investigators follow the same rules for conducting human research., though there is significant overlap with the Common Rule.) Many of the obligations delineated in the Common Rule can be traced back to the work of the National Commission for the (...) Protection of Human Subjects of Biomedical and Behavioral Research. The National Commission was appointed in 1974 as part of the National Research Act in response to revelations about serious abuses involving human subjects, most notably the Tuskegee/United States Public Health Service Syphilis Study. (shrink)

Some plausibly necessary a posteriori theoretical claims include ‘water is H 2 O’, ‘gold is the element with atomic number 79’, and ‘cats are animals’. In this paper I challenge the necessity of the third claim. I argue that there are possible worlds in which cats exist, but are not animals. Under any of the species concepts currently accepted in biology, organisms do not belong essentially to their species. This is equally true of their ancestors. In phylogenetic systematics, monophyletic clades (...) such as the animal kingdom are composed of an ancestral stem species and all of its descendants. If the stem species had not existed, neither would the clade. Thus it could have been the case that all the organisms which actually belong to the animal kingdom might have existed yet not have been animals. (shrink)

Life is a self-maintaining process based on metabolism. Something is said to be alive when it exhibits organization and is actively involved in its own continued existence through carrying out metabolic processes. A life is a spatio-temporally restricted event, which continues while the life processes are occurring in a particular chunk of matter (or, arguably, when they are temporally suspended, but can be restarted at any moment), even though there is continuous replacement of parts. Life is organized in discrete packages, (...) particular cells and multicellular organisms with differing degrees of individuality. Biological species, too, have been shown to be individuals, and not classes, as these collections of organisms are spatio-temporally localized, restricted, continuous, and somewhat cohesive entities, with a definite beginning and end. Assuming that all life on Earth has a common origin, all living organisms, cells, and tissues descending from this origin exhibit continuity of the life processes at the cellular level, as well as many of the features that define the individual character of species: spatio-temporal localization and restriction, continuity, historicity, and cohesiveness. Therefore, life on Earth is an ontological individual. Independent origins of life will have produced other such individuals. These provisionally called ‘life-individuals’ constitute a category of organization of life which has seldom been recognized. The discovery of at least one independent life-individual would go a long way toward the project of the universality of biology. (shrink)

The United Nations World Tourism Organization has acknowledged 2020 as the worst year in tourism history due to the worldwide pandemic COVID-19. Destinations, tourists, local communities, stakeholders, and residents, and their daily activities were affected. Thus, wellbeing and resilience are two crucial variables to help the industry and the people recover. This research aims to analyze early positive approaches and attitudes to respond to the negative impact of COVID-19 in tourism everyday activities that have at its core wellbeing and resilience, (...) the two main variables of the Positive Psychology field of studies. A systematic literature review was conducted, following PRISMA guidelines to achieve this aim. The research was done using the Online Knowledge Library and all the available databases. The research led to 32 articles that were screened using the inclusion and exclusion criteria. A total of 18 scientific articles met all criteria. Overall, results show that a positive and resilient approach to deal with the adverse outcomes of the pandemic is a concern for stakeholders and the future of the organizations in the tourism and hospitality sector, as is tourists’ wellbeing. However, less research has been done on wellbeing and a clear lack of research regarding residents’ wellbeing and resilience is evident. A deeper study of wellbeing and resilience in tourism is needed, and actual practices and interventions to ensure that all tourism actors have the resources to overcome the pandemic and restart the industry’s daily lives feeling well and safe. (shrink)

Animalism is prima facie the most plausible view about what we are; it aligns better with science and common sense, and is metaphysically more parsimonious. Thought experiments involving the brain, however, tend to elicit intuitions contrary to animalism. In this paper, I examine two classical thought experiments from the literature, brain transplant and cerebrum transplant, and a new one, cerebrum regeneration. I argue that they are theoretically possible, but that a scientifically informed account of what would actually happen shows that (...) in none of the cases would the person be separated from the animal. Our intuitions in these cases, when adequately informed by neuroscience, do not conflict with animalism – rather, they suggest a correction of the animalist position: the persisting animal should be at least minimally sentient. Sentience animalism is a new formulation of the animalist account of personal identity that allows us to reconcile facts about our biological persistence conditions with the intuition that human persistence should involve some kind of psychological continuity. (shrink)

Nos ocupamos aquí de una cuestión de importancia para la filosofía moderna, y para la filosofía leibniziana en particular, como es el concepto de substancia. Veremos cómo, en Leibniz, la divisibilidad de la materia al infinito y la necesidad de un principio que dé razón de la unidad en la multiplicidad de los elementos que componen todo cuerpo, lo llevan a concebir unidades metafísicas que son su fundamento. Asimismo, la respuesta a esta cuestión alude al problema del cuerpo de una (...) manera que presenta una singular complejidad, y exige seguir cierto itinerario de conceptos, con especial cuidado a las variaciones que el propio Leibniz realiza en su concepción de la substancia a lo largo de la evolución de su filosofía. Finalmente, nos ocupamos de las nociones de unidad y composición, vinculadas al llamado pluralismo substancial leibniziano. (shrink)

L’objectif de cet article est de montrer qu’à la fin du xiii e siècle un tournant s’est opéré dans la compréhension de la nature du syllogisme sophistique, allant d’une définition axée sur ses caractéristiques formelles vers une définition tenant compte de ses caractéristiques pragmatiques. La première position est celle de Simon de Faversham, développée vers 1280 et probablement durant son séjour à la Faculté des arts de Paris. La seconde position est celle de Raoul le Breton, dernier des plus grands (...) maîtres ès arts parisien. C’est dans leurs réponses respectives que se révèle leur désaccord sur la manière de concevoir le syllogisme sophistique. (shrink)

Previous research suggests that all-inclusive superordinate categories, such as “citizens of the world” and “humans,” may represent different socio-psychological realities. Yet it remains unclear whether the use of different categories may account for different psychological processes and attitudinal or behavioral outcomes. Two studies extended previous research by comparing how these categories are cognitively represented, and their impact on intergroup helping from host communities toward migrants. In a correlational study, 168 nationals from 25 countries perceived the group of migrants as more (...) prototypical of the superordinate category “citizens of the world” than their national group, whereas no differences in prototypicality occurred for the category “humans.” Identification with “citizens of the world” was positively associated with a disposition to oppose helping migrants and to offer dependency-oriented help. However, identification with “humans” was positively associated with helping in general, and with offering dependency- and autonomy-oriented help; and negatively associated with opposition to helping. The experimental study manipulated the salience of “citizens of the world” vs. “humans” vs. control category, among 224 nationals from 36 countries. Results showed that the salience of “humans” triggered higher entitativity and essentialist perceptions, and dual-identity representations. No differences due to salience were found for representations of relative ingroup prototypicality or helping responses. Overall, these findings suggest that the interchangeable use of different labels is problematic, considering these might activate different representations, and thus, are likely to lead, in some circumstances, to different attitudinal or behavioral outcomes. (shrink)

The traditional perspective on emotions assumes an unassailable dualism between emotions and reason. For common sense, including legal common sense, emotions are always dangerous and have nothing to do with rational decision-making. Nonetheless, the Aristotelian perspective regarding the relationship between emotions and reason is extremely enlightening. The relationship between emotions and law has been studied by a large range of scholars from different legal movements and with diverse objectives. This chapter is based on three theoretical pillars: Aristotle’s theory of emotions (...) as elaborated in Rhetoric and Nicomachean Ethics, Aristotle’s view on the close relationship between reason, emotions and phronesis as elaborated in the Nicomachean Ethics, and a specific contemporary view: Jurisprudentialism. We assert that through a Jurisprudentialist analysis of Law as an open task and through Aristotle’s account of emotions, the challenges of legal education could be more realistically reassessed. (shrink)

An anonymous biography of Lucan known as the Life of Vacca attributes to the poet the composition of a work called Siluae. This information has been accepted by scholars with regard to both Lucan and Statius, thus transforming Lucan into a predecessor of Statius’ Siluae. This article seeks to demonstrate that neither the manuscript tradition of Lucan's biography nor alleged references to Lucan's Siluae in Statius’ collection substantiate the affirmation that Lucan composed a work called Siluae. It is argued that (...) the Life of Vacca is most probably late and its very long catalogue of works (mostly problematic or otherwise unknown) aggrandizes Lucan in response to the need for a commendatory biography of the poet when he became a school author. Pomponio Leto is responsible for perpetuating the mention of Lucan's Siluae by including it in his influential biography of Lucan (the first to reach the printed press). It is further argued that the circumstances of the tradition of Statius’ Siluae explain Leto's acceptance of Lucan's work of the same title. Leto was working on a commentary on the recently rediscovered Siluae, which explains his inclusion of a work called Siluae in his biography of Lucan, a great poet who had preceded Statius. Finally, this article deconstructs the theories that find references to Lucan's Siluae in Statius’ Siluae or that justify Statius’ silence about Lucan's Siluae with its political motifs. (shrink)

In two experiments, we examined the impact of color on cognitive performance by asking participants to categorize stimuli presented in three different colors: red, green, and gray (baseline). Participants were either asked to categorize the meaning of words as related to the concepts of “go” or “stop” (Experiment 1) or to indicate if a neutral verbal stimulus was a word or not (lexical decision task, Experiment 2). Overall, we observed performance facilitation in response to go stimuli presented in green (vs. (...) red or gray) and performance inhibition in response to go stimuli presented in red. The opposite pattern was observed for stop‐related stimuli. Importantly, results also indicated that color might also be used to categorize neutral stimuli. Overall, these findings provide support to the green‐go and red‐stop color associations and test the potential functional autonomy acquired by these colors and the boundary conditions to their effects on stimuli categorization. (shrink)

BackgroundWomen survivors of breast cancer treatments face significant challenges around initiation or maintenance of physical activity as they transit to recovery. Embracing their needs and preferences is important to increase adherence. This study aimed to explore the perspectives of Portuguese women survivors of breast cancer regarding regular performance of PA and individual choices and strategies that should be considered in designing effective interventions.MethodsThe individual semi-structured interviews were analyzed through thematic analysis, following an inductive process, seeking to identify the barriers, facilitators, (...) and particular influencing circumstances associated with regular PA.ResultsFour themes and several contextual, emotional, physical, and social factors were identified as determinants of regular PA. Guilt, women’s duties, and altruism to help close relatives were identified as emotional and cultural factors that are less-found in the existing literature. PA showed influence both from health professionals’ counseling and from knowledge and beliefs held by these women.ConclusionWhile confirming the already-known impact of breast cancer diagnosis and treatments on PA, which redefine participants’ availability to be active, the findings highlight beliefs and specific emotional factors that should be considered when planning culturally sensitive interventions. (shrink)

Gilberto Monteiro foi médico municipal da freguesia de Carnaxide de 1921 a 1961, Chefe dos Serviços Clínicos da extinta fábrica dos Fermentos Holandeses (F.P.F.H.), sediada na Cruz Quebrada, de 1934 a 1962 e, durante a II Guerrra Mundial, exerceu no Hospital Militar de Belém, na qualidade de tenente médico miliciano. Amante do desporto e desportista, G. Monteiro foi um dos fundadores do Sport Algés e Dafundo (SAD), instituição onde, enquanto membro da sua primeira Comissão Cultural, criou a Biblioteca, organizou conferências, (...) exposições e concertos e outras actividades culturais que ali atrairam figuras de relevo como Aquilino Ribeiro, Viana da Mota, Hernâni Cidade e Norton de Matos, entre outros. Se nas suas crónicas escritas para “O Fermento” deparamos com o G. Monteiro, historiador inconformado, que denuncia os constantes atentados à integridade histórica e patrimonial, no Esboço Histórico do Hospital Militar (1945) convivemos com um testemunho de vertical e desassombrada coragem cívica, denunciadora dos males de que padecia a medicina contemporânea. Finalmente, acompanhamos o esforço e as diligências que, numa linha de justiça, educação e melhoria da qualidade de vida das pessoas, G. Monteiro desenvolveu, em pleno Estado Novo, a fim de instituir na fábrica (FPFH) uma assistência médico-social moderna. (shrink)

En noviembre de 1976, Amnesty Internacional llegó al país a constatar denuncias sobre violaciones a los derechos humanos. Dos de sus integrantes llegaron a la ciudad de Córdoba. El Hotel Crillón, ubicado en plena city cordobesa y locación donde se alojaron los visitantes, fue el escenario de las acciones de espionaje, persecución y amedrentamiento que sufrieron los dos delegados, un varón y una mujer, que habían llegado para contactarse con posibles denunciantes. Al no poder constituirse como un refugio seguro para (...) expresar aquello que las autoridades negaban, el artículo analiza cómo se frustró esta visita en base a los informes elevados por la Policía Federal a través de un memorando reservado. En la misma se contextualiza el momento, apoyándonos en la historia de la represión local, y se procura una lectura analítica del documento resguardado en el Archivo Provincial de la Memoria de Córdoba. Asimismo, se ofrece su cotejo y contraste con otras informaciones provenientes de testimonios vertidos en diferentes momentos. ¿Cómo y por qué se frustró la visita? ¿Quiénes tuvieron contacto con los visitantes y por qué no fue posible contactar a los familiares y allegados de la/os represaliada/os? ¿Qué testimonios posteriores se conocieron de este acontecimiento frustrado? ¿Cómo habrá incidido en la costosa configuración de la cuestión de los derechos humanos en Córdoba, algo que hemos demostrado en nuestras investigaciones previas del tema? Por fin, ¿qué nos dice este evento de las características de la represión local, de los modos de informar y de las actitudes sociales en dictadura? (shrink)

Life on Earth descends from a common ancestor. However, it is likely that there are other instances of life in the universe. If so, each abiogenesis event will have given rise to an independently originated life clade, of which Earth-life is an example. In this paper, I argue that the set of all IOLCs in the universe forms a Darwinian population subject to natural selection, with more widely dispersed IOLCs being less likely to face extinction. As a result, we should (...) expect that, over time, more planets will become inhabited by fewer, more successful IOLCs. (shrink)

ABSTRACTPrevious research has revealed a stable preference for words with inward consonantal-articulation patterns, over outward-words. Following the oral approach-avoidance account suggesting that the in–out effect is due to the resemblance between consonantal-articulations patterns and ingestion/expectoration, recent findings have shown that when judging inward-outward names for objects with particular oral functions, valence did not modulate the effect while the oral function did. To replicate and examine further the role of edibility and valence in shaping the in–out effect, we asked participants to (...) rate inward and outward names for edible and non-edible products while controlling for valence. Results revealed that the motor-to-affect link was only observed for edible products, regardless of valence. (shrink)