Ainda que sejam muitos os momentos em que o Direito se deixa influenciar pelos valores, existe hoje uma convicção de que os processos de aplicação do Direito resultam de processos racionais. Acredita-se que o aplicador do direito é influenciado pelos argumentos das partes, e constrói sua decisão racionalmente. Todavia, novas descobertas da Neurociência e da Psicologia Moral mostram que muitos desses julgamentos morais, que inevitavelmente influenciam os julgamentos jurídicos, são feitos de forma inconsciente e não-racional. Quando formados, esses julgamentos são (...) imunes a argumentos racionais contrários. Por meio de revisão bibliográfica, discutem-se neste trabalho algumas decorrências dessas novas descobertas para o Direito. Entre elas, a possibilidade de reforçar o treinamento filosófico mais aprofundado no curso de formação de juristas, ou no curso de formação de magistrados, tornando essas pessoas mais permeáveis a argumentos contrários às suas próprias convicções morais. E ainda, a limitação do mandato dos Ministros dos Tribunais Superiores, com o objetivo de evitar que a jurisprudência se atrele à convicção moral de uns poucos juristas por longos períodos de tempo. (shrink)

Depuis plus d'un siècle les éditions et les études sur Vauvenargues sont fondées sur l'édition Gilbert (1857), édition incomplète et fautive en de nombreux endroits. Après de longues recherches et des travaux ardus, D Acke, L Bove, J Dagen et J Vercruysse, quatre dix-huitiémistes connus, ont entrepris de concert une édition enfin complète, critique et authentique. Le tome IV, celui de la correspondance (largement augmentée) et de documents personnels inconnus à ce jour, permet d'ouvrir de nouvelles perspectives sur l'élaboration de (...) la pensée du jeune moraliste et les liens qu'il entretenait avec les siens. (shrink)

Recent experimental evidence from developmental psychology and cognitive neuroscience indicates that humans are equipped with unlearned elementary mathematical skills. However, formal mathematics has properties that cannot be reduced to these elementary cognitive capacities. The question then arises how human beings cognitively deal with more advanced mathematical ideas. This paper draws on the extended mind thesis to suggest that mathematical symbols enable us to delegate some mathematical operations to the external environment. In this view, mathematical symbols are not only used to (...) express mathematical concepts—they are constitutive of the mathematical concepts themselves. Mathematical symbols are epistemic actions, because they enable us to represent concepts that are literally unthinkable with our bare brains. Using case-studies from the history of mathematics and from educational psychology, we argue for an intimate relationship between mathematical symbols and mathematical cognition. (shrink)

Our ability for scientific reasoning is a byproduct of cognitive faculties that evolved in response to problems related to survival and reproduction. Does this observation increase the epistemic standing of science, or should we treat scientific knowledge with suspicion? The conclusions one draws from applying evolutionary theory to scientific beliefs depend to an important extent on the validity of evolutionary arguments (EAs) or evolutionary debunking arguments (EDAs). In this paper we show through an analytical model that cultural transmission of scientific (...) knowledge can lead toward representations that are more truth-approximating or more efficient at solving science-related problems under a broad range of circumstances, even under conditions where human cognitive faculties would be further off the mark than they actually are. (shrink)

Despite their divergent metaphysical assumptions, Reformed and evolutionary epistemologists have converged on the notion of proper basicality. Where Reformed epistemologists appeal to God, who has designed the mind in such a way that it successfully aims at the truth, evolutionary epistemologists appeal to natural selection as a mechanism that favors truth-preserving cognitive capacities. This paper investigates whether Reformed and evolutionary epistemological accounts of theistic belief are compatible. We will argue that their chief incompatibility lies in the noetic effects of sin (...) and what may be termed the noetic effects of evolution, systematic tendencies wherein human cognitive faculties go awry. We propose a reconceptualization of the noetic effects of sin to mitigate this tension. (shrink)

Prenatal screening for foetal abnormalities such as Down's syndrome differs from other forms of population screening in that the usual aim of achieving health gains through treatment or prevention does not seem to apply. This type of screening leads to no other options but the choice between continuing or terminating the pregnancy and can only be morally justified if its aim is to provide meaningful options for reproductive choice to pregnant women and their partners. However, this aim should not be (...) understood as maximizing reproductive choice per se. Only if understood as allowing prospective parents to avoid suffering related to living with (a child with) serious disorders and handicaps can prenatal screening be a publicly or collectively funded programme. The alternative of moving prenatal testing outside the healthcare system into the private sector is problematic, as it makes these tests accessible only to those who can afford to pay for it. New developments in prenatal screening will have to be assessed in terms of whether and to what extent they either contribute to or undermine the stated aim of providing meaningful options for reproductive choice. In the light of this criterion, this article discusses the introduction of the new non‐invasive prenatal test (NIPT), the tendency to widen the scope of follow‐up testing, as well as the possible future scenarios of genome‐wide screening and ‘prenatal personalised medicine’. The article ends with recommendations for further debate, research and analysis. (shrink)

This paper examines the cognitive foundations of natural theology: the intuitions that provide the raw materials for religious arguments, and the social context in which they are defended or challenged. We show that the premises on which natural theological arguments are based rely on intuitions that emerge early in development, and that underlie our expectations for everyday situations, e.g., about how causation works, or how design is recognized. In spite of the universality of these intuitions, the cogency of natural theological (...) arguments remains a matter of continued debate. To understand why they are controversial, we draw on social theories of reasoning and argumentation. (shrink)

Psychological evidence suggests that laypeople understand the world around them in terms of intuitive ontologies which describe broad categories of objects in the world, such as ‘person’, ‘artefact’ and ‘animal’. However, because intuitive ontologies are the result of natural selection, they only need to be adaptive; this does not guarantee that the knowledge they provide is a genuine reflection of causal mechanisms in the world. As a result, science has parted ways with intuitive ontologies. Nevertheless, since the brain is evolved (...) to understand objects in the world according to these categories, we can expect that they continue to play a role in scientific understanding. Taking the case of human evolution, we explore relationships between intuitive ontological and scientific understanding. We show that intuitive ontologies not only shape intuitions on human evolution, but also guide the direction and topics of interest in its research programmes. Elucidating the relationships between intuitive ontologies and science may help us gain a clearer insight into scientific understanding. (shrink)

Une longue introduction précède les contributions de ces trois philosophes et théologiens à la querelle sur la distinction entre l'être et l'essence qui anima la Faculté de théologie de l'Université de Paris dans les années 1280.

In historical claims for nativism, mathematics is a paradigmatic example of innate knowledge. Claims by contemporary developmental psychologists of elementary mathematical skills in human infants are a legacy of this. However, the connection between these skills and more formal mathematical concepts and methods remains unclear. This paper assesses the current debates surrounding nativism and mathematical knowledge by teasing them apart into two distinct claims. First, in what way does the experimental evidence from infants, nonhuman animals and neuropsychology support the nativist (...) hypothesis? Second, granting that infants have some elementary mathematical skills, does this mean that such skills play an important role in the development of mathematical knowledge? (shrink)

We challenge Gallagher’s distinction between the sense of ownership and the sense of agency as two separable modalities of experience of the minimal self and argue that a careful investigation of the examples provided to promote this distinction in fact reveals that SO and SA are intimately related and modulate each other. We propose a way to differentiate between the various notions of SO and SA that are currently used interchangeably in the debate, and suggest a more gradual reading of (...) the two that allows for various blends of SO and SA. Such an approach not only provides us with a richer phenomenology but also with a more parsimonious view of the minimal self. (shrink)

The comprehension of living organisms in all their complexity poses a major challenge to the biological sciences. Recently, systems biology has been proposed as a new candidate in the development of such a comprehension. The main objective of this paper is to address what systems biology is and how it is practised. To this end, the basic tools of a systems biological approach are explored and illustrated. In addition, it is questioned whether systems biology ‘revolutionizes’ molecular biology and ‘transcends’ its (...) assumed reductionism. The strength of this claim appears to depend on how molecular and systems biology are characterised and on how reductionism is interpreted. Doing credit to molecular biology and to methodological reductionism, it is argued that the distinction between molecular and systems biology is gradual rather than sharp. As such, the classical challenge in biology to manage, interpret and integrate biological data into functional wholes is further intensified by systems biology’s use of modelling and bioinformatics, and by its scale enlargement. (shrink)

In this paper we have two aims: first, to draw attention to the close connexion between interpretation and scientific understanding; second, to give a detailed account of how theories without a spacetime can be interpreted, and so of how they can be understood. In order to do so, we of course need an account of what is meant by a theory ‘without a spacetime’: which we also provide in this paper. We describe three tools, used by physicists, aimed at constructing (...) interpretations which are adequate for the goal of understanding. We analyse examples from high-energy physics illustrating how physicists use these tools to construct interpretations and thereby attain understanding. The examples are: the ’t Hooft approximation of gauge theories, random matrix models, causal sets, loop quantum gravity, and group field theory. (shrink)

Our ability for scientific reasoning is a byproduct of cognitive faculties that evolved in response to problems related to survival and reproduction. Does this observation increase the epistemic standing of science, or should we treat scientific knowledge with suspicion? The conclusions one draws from applying evolutionary theory to scientific beliefs depend to an important extent on the validity of evolutionary arguments (EAs) or evolutionary debunking arguments (EDAs). In this paper we show through an analytical model that cultural transmission of scientific (...) knowledge can lead toward representations that are more truth-approximating or more efficient at solving science-related problems under a broad range of circumstances, even under conditions where human cognitive faculties would be further off the mark than they actually are. (shrink)

This paper takes a cognitive perspective to assess the significance of some Late Palaeolithic artefacts (sculptures and engraved objects) for philosophicalconcepts of art. We examine cognitive capacities that are necessary to produceand recognize objects that are denoted as art. These include the ability toattribute and infer design (design stance), the ability to distinguish between themateriality of an object and its meaning (symbol-mindedness), and an aesthetic sensitivity to some perceptual stimuli. We investigate to what extent thesecognitive processes played a role in (...) the production and appreciation of somerecently discovered Palaeolithic artefacts. (shrink)

Cet article prend comme point de départ de sa réflexion les défis de l’éducation dans un « univers problématique », tel qu’il est analysé par Ricœur dans un entretien accordé à Anita Hocquard en 1985. Le caractère éminemment conflictuel de la tâche éducative nous amène à discuter les notions de traditionalité, de traditions et de tradition. Il s’agit, ainsi, de réfléchir autour de la lutte pour la reconnaissance, la légitimité et l’autorité des différentes traditions dans un contexte culturel où l’héritage (...) colonialiste s’est imposé comme le modèle qui délégitime les traditions plurielles qui coexistaient et rivalisaient avec cet héritage. Enfin, nous émettons l’hypothèse que la littérature représente une manière alternative de revitaliser ces héritages silencieux, sur la base d’une brève analyse du roman L’histoire de Poncia, de l’écrivaine brésilienne Conceição Evaristo. (shrink)

While the relation between visualization and scientific understanding has been a topic of long-standing discussion, recent developments in physics have pushed the boundaries of this debate to new and still unexplored realms. For it is claimed that, in certain theories of quantum gravity, spacetime ‘disappears’: and this suggests that one may have sensible physical theories in which spacetime is completely absent. This makes the philosophical question whether such theories are intelligible, even more pressing. And if such theories are intelligible, the (...) question then is how they manage to do so. In this paper, we adapt the contextual theory of scientific understanding, developed by one of us, to fit the novel challenges posed by physical theories without spacetime. We construe understanding as a matter of skill rather than just knowledge. The appeal is thus to understanding, rather than explanation, because we will be concerned with the tools that scientists have at their disposal for understanding these theories. Our central thesis is that such physical theories can provide scientific understanding, and that such understanding does not require spacetimes of any sort. Our argument consists of four consecutive steps: We argue, from the general theory of scientific understanding, that although visualization is an oft-used tool for understanding, it is not a necessary condition for it; we criticise certain metaphysical preconceptions which can stand in the way of recognising how intelligibility without spacetime can be had; we catalogue tools for rendering theories without a spacetime intelligible; and we give examples of cases in which understanding is attained without a spacetime, and explain what kind of understanding these examples provide. (shrink)

This book provides the first complete, literal English translation of Alexis de Tocqueville’s and Gustave de Beaumont’s first edition of On the Penitentiary System in the United States and Its Application to France. The work contains a critical comparison of two competing American penitentiary disciplines known as the Auburn and Philadelphia systems, an evaluation of whether American penitentiaries can successfully work in France, a detailed description of Houses of Refuge as the first juvenile detention centers, and an argument against penal (...) colonization. The work provides valuable insights into understanding Tocqueville as a statesman, as well as a comparative look at civic engagement in early American and French penal reform movements. The Translator’s Introduction provides historical context for understanding Tocqueville’s work in French penal reform and the major themes of the report. The book thus fills a void in Tocquevillian studies and extrapolates the roots of American and French criminal justice systems in the nineteenth century. (shrink)

[from the publisher's website] Questions about the existence and attributes of God form the subject matter of natural theology, which seeks to gain knowledge of the divine by relying on reason and experience of the world. Arguments in natural theology rely largely on intuitions and inferences that seem natural to us, occurring spontaneously—at the sight of a beautiful landscape, perhaps, or in wonderment at the complexity of the cosmos—even to a nonphilosopher. In this book, Helen De Cruz and Johan De (...) Smedt examine the cognitive origins of arguments in natural theology. They find that although natural theological arguments can be very sophisticated, they are rooted in everyday intuitions about purpose, causation, agency, and morality. Using evidence and theories from disciplines including the cognitive science of religion, evolutionary ethics, evolutionary aesthetics, and the cognitive science of testimony, they show that these intuitions emerge early in development and are a stable part of human cognition. -/- De Cruz and De Smedt analyze the cognitive underpinnings of five well-known arguments for the existence of God: the argument from design, the cosmological argument, the moral argument, the argument from beauty, and the argument from miracles. Finally, they consider whether the cognitive origins of these natural theological arguments should affect their rationality. (shrink)

This is an introduction to the Symposium on “Evolution, Original Sin, and the Fall,” which has been designed as a thematic section for Zygon: Journal of Religion and Science. The Symposium investigates the enduring question of whether hamartiology (the theological study of sin) is compatible with evolutionary theory. We trace the origins of this question to the debate between Modernists and Traditionalists at the turn of the previous century. Our contributors make headway in these discussions by delving into details, namely (...) by asking whether the hamartiological views of particular theologians, such as Augustine or Aquinas, can be reconciled with specific aspects of evolutionary theory. They also extend hamartiology in novel directions through the application of critical race theory and literary science to shed new light on the origin and transmission of original sin. (shrink)

A chegada e o estabelecimento da reflexão filosófica europeia no Brasil são indissociáveis do aristotelismo português trazido pelos jesuítas desde sua chegada ao então território colonial em 1549. A compreensão de determinados aspectos relacionados a este acontecimento não deve implicar na proposição de um fator determinista para a interpretação do modo como a filosofia é multiplamente tratada e pesquisada no país, mas certamente consiste em um fator imprescindível para a sua consideração. A argumentação a seguir visa indicar alguns aspectos ainda (...) presentes na forma segundo a qual a filosofia ainda é pensada entre nós. (shrink)

Religion continues to attract people's attention in the current Brazilian society. Pluralism and religious transit seem to be present in today's market for symbolic values. Here live affection and disaffection to religious institutions. And specifically in the university environment, how religions are present? Mean something in their lives? This article analyzes the answers of 1446 undergraduate students of PUC-Minas to a questionnaire about their personal and academic life, with focus on the religious dimension of their life. The results are presented (...) in two stages: an overview of religion among university students, and a comparative study of catholic and evangelical youth. Featured topics are: religious affiliation; cycle of religion in biography; education and religious participation; acquisition of knowledge; evaluation of beliefs, prescriptions and leaders; religious diversity and influence on personal and professional life. The analysis emphasyses the appreciation of religion even in secular environment of academia and points the trust in religious leaders as the main link between the students and the religious institution referred to their faith. (shrink)

This short article provides an introduction to a special section, consisting of six papers on human evolution and the imago Dei. These papers are the result of dialogue between theologians and philosophers of religion at the University of Oxford and the Catholic University of Leuven. All contributors focus on the imago Dei, and consider how this theological notion can be understood from an evolutionary perspective, looking at a variety of disciplines, including the psychology of reasoning, cognitive science of religion, paleoanthropology, (...) evolutionary psychology, and evolutionary ethics. (shrink)

Neste artigo, propomos realizar uma discussão sobre a problemática da técnica na contemporaneidade, especialmente a partir do século XX. A grande inspiração para essa abordagem reside na obra Aprender a Viver, do filósofo francês Luc Ferry. Iremos tratar sobre a negação da transcendência levada a cabo pela filosofia de Nietzsche, e como essa negação do que é transcendente influenciou nas questões técnicas ao longo do século XX e atualidade. Por outro lado, a problematização da técnica contemporânea não significará um abandono (...) da tecnologia ou do substrato científico que a possibilita, mas justamente o contrário. A visão científica de mundo pode ser incluída nesse contexto de transcendência. (shrink)

Understanding the pervasiveness of sin is central to Christian theology. The question of why humans are so sinful given an omniscient, omnipotent, and omnibenevolent God presents a challenge and a puzzle. Here, we investigate Friedrich Schleiermacher’s biocultural evolutionary account of sin. We look at empirical evidence to support it and use the cultural Price equation to provide a naturalistic model of the transmission of sin. This model can help us understand how sin can be ubiquitous and unavoidable, even though it (...) is not biologically transmitted, and even if there is no historical Fall that precipitated the tendency to sin. (shrink)

The transition towards sustainable and just food systems is ongoing, illustrated by an increasing number of initiatives that try to address unsustainable practices and social injustices. Insights are needed into what a just transition entails in order to critically engage with plural and potentially conflicting justice conceptualisations. Researchers play an active role in food system transitions, but it is unclear which conceptualisations and principles of justice they enact when writing about food system initiatives. To fill this gap this paper investigates: (...) Which conceptualisations of justice emerge from the literature related to food system initiatives and which principles of justice do authors use? We developed an initial framework for which we drew on political philosophy literature. We then undertook an extensive review of the food system transitions literature using this framework and were able to identify a range of recognition, distributive, and procedural justice conceptualisations and associated principles of justice. Recognised as subjects of justice were those with a particular role in the food system, people who are marginalised, Indigenous communities, those with experiences of negative consequences of the food system, future generations, and nonhumans. The identified conceptualisations and the developed framework can be used by those involved in food system initiatives to reflect on how they conceptualise justice. We challenge them to be more explicit about who they do and do not recognise as subjects of justice and which principles of justice they use. Such clarity is needed to reflexively enact a just transition towards sustainable and just food systems. (shrink)

The earlier volume in this series dealt with two religions of Indian origin, namely, Buddhism and Jainism. The Indian religious scene, however, is characterized by not only religions which originated in India but also by religions which entered India from outside India and made their home here. Thus religious life in India has been enlivened throughout its history by the presence of religions of foreign origin on its soil almost from the very time they came into existence. This volume covers (...) three such religions—Zoraoastrianism, Judaism, and Islam. In the case of Zoraostianism, even its very beginnings are intertwined with India, as Zoroastrianism reformed a preexisting religion which had strong links to the Vedic heritage of India. This relationship took on a new dimension when a Zoroastrian community, fearing persecution in Persia after its Arab conquest, sought shelter in western India and ultimately went on to produce India’s pioneering nationalist in the figure of Dadabhai Naoroji ( 1825-1917), also known as the Grand Old Man of India. Jews found refuge in south India after the destruction of the Temple by the Romans in 70 C.E. and have remained a part of the Indian religious scene since then, some even returning to Israel after it was founded in 1948. Islam arrived in Kerala as soon as it was founded and one of the earliest mosques in the history of Islam is found in India. Islam differs from the previously mentioned religions inasmuch as it went on to gain political hegemony over parts of the country for considerable periods of time, which meant that its impact on the religious life of the subcontinent has been greater compared to the other religions. It has also meant that Islam has existed in a religiously plural environment in India for a longer period than elsewhere in the world so that not only has Islam left a mark on India, India has also left its mark on it. Indeed all the three religions covered in this volume share this dual feature, that they have profoundly influenced Indian religious life and have also in turn been profoundly influenced by their presence in India. (shrink)

The earlier volume in this series dealt with two religions of Indian origin, namely, Buddhism and Jainism. The Indian religious scene, however, is characterized by not only religions which originated in India but also by religions which entered India from outside India and made their home here. Thus religious life in India has been enlivened throughout its history by the presence of religions of foreign origin on its soil almost from the very time they came into existence. This volume covers (...) three such religions—Zoraoastrianism, Judaism, and Islam. In the case of Zoraostianism, even its very beginnings are intertwined with India, as Zoroastrianism reformed a preexisting religion which had strong links to the Vedic heritage of India. This relationship took on a new dimension when a Zoroastrian community, fearing persecution in Persia after its Arab conquest, sought shelter in western India and ultimately went on to produce India’s pioneering nationalist in the figure of Dadabhai Naoroji ( 1825-1917), also known as the Grand Old Man of India. Jews found refuge in south India after the destruction of the Temple by the Romans in 70 C.E. and have remained a part of the Indian religious scene since then, some even returning to Israel after it was founded in 1948. Islam arrived in Kerala as soon as it was founded and one of the earliest mosques in the history of Islam is found in India. Islam differs from the previously mentioned religions inasmuch as it went on to gain political hegemony over parts of the country for considerable periods of time, which meant that its impact on the religious life of the subcontinent has been greater compared to the other religions. It has also meant that Islam has existed in a religiously plural environment in India for a longer period than elsewhere in the world so that not only has Islam left a mark on India, India has also left its mark on it. Indeed all the three religions covered in this volume share this dual feature, that they have profoundly influenced Indian religious life and have also in turn been profoundly influenced by their presence in India. (shrink)

Euhemerus, the famous theorist on the nature of the gods who lived around 300 BC, has usually been discussed as a disembodied intellectual figure, with scholars focusing on his literary and philosophical sources and influence. Although he is called “Euhemerus of Messene,” there is uncertainty as to where he was born, lived, and worked, in particular whether he came from Sicilian or Peloponnesian Messene. Until now, the conquests of Alexander the Great and the establishment of the Successor Kingdoms have been (...) considered the only context for Euhemerus. This paper will draw upon literary, historical, and archaeological evidence to argue that Euhemerus belongs in a Sicilian context. The long history of the worship of rulers in Sicily from the oikistai to the tyrants of Syracuse, the wealth of Sicily, the proximity of the Lipari Islands, the multiethnic milieu of Sicily with its vigorous interaction and syncretism, all contributed to Euhemerus' experiences and thought. We suggest that centuries of Sicilian cultural and political experience, not merely the “phenomenon” of Alexander the Great and the dawn of the Hellenistic Age, provided the impetus to the ideas of Euhemerus, and that Euhemerus brought this Sicilian contribution to bear on the new problems of the wider world. (shrink)

Language-related potentials are increasingly used to objectify adaptive neuroplasticity in stroke-related aphasia recovery. Using preattentive [mismatch negativity ] and attentive phonologically related paradigms, neuroplasticity in sensory memory and cognitive functioning underlying phonological processing can be investigated. In aphasic patients, MMN amplitudes are generally reduced for speech sounds with a topographic source distribution in the right hemisphere. For P300 amplitudes and latencies, both normal and abnormal results have been reported. The current study investigates the preattentive and attentive phonological discrimination ability in (...) 17 aphasic patients at two timepoints during aphasia recovery. Between the two timepoints, a significant improvement of behavioral language performance in both languages is observed in all patients with the MMN latency at timepoint 1 as a predictive factor for aphasia recovery. In contrast to monolinguals, bilingual aphasic patients have a higher probability to improve their processing speed during rehabilitation, resulting in a shortening of the MMN latency over time, which sometimes progresses toward the normative values. (shrink)

This article is part of a research project guided by a methodology for the production of images by children from 2 to 6 years old, developed in the Zona da Mata, in Rondônia. Children's filmic and photographic image productions inspired this inquiry, and suggest a novel way of thinking about children, childhood and research. Based on the questions, What can children's image productions tell us in a survey carried out in periods of social isolation? and What do children’s representations tell (...) us about their lives beyond school? we trace the thematic pathways taken in their production of photographic images and short videos, following our subjects as they engender themselves through the production of images and through their verbal commentaries on those images. What can a child do with a camera in her/his hands? Observing the patterns of their image-making allowed us to enter temporalities and spatialities that suggest other ways of being in the world, particularly in a time of pandemic. What these young children communicate to us through their images and video footage is the power of experience, of traces, remnants and scraps, revealing a capacity for astonishment at things that may go unnoticed by adults. They invite us to experience other ways of seeing and relating to the world, creating other senses and sensations for research, or even for life itself. (shrink)