Nesse trabalho será analisado o tratamento teórico apresentado por Hannah Arendt sobre o tema da desobediência civil em sua obra Crises da República, traçando um paralelo com as práticas do Movimento dos Trabalhadores Rurais Sem-Terra no que tange à legitimidade dos seus atos de desobediência civil. Sob esse enfoque a luta pelo acesso a terra se apresenta como uma possibilidade de que seus integrantes integrem-se em comunidade fundando um espaço público e desenvolvendo sua capacidade de ação política, característica essencial da (...) vida humana. (shrink)

This publication features the stories and experiences of pharmacy professionals who identify as members of historically underrepresented groups. This collection of personal essays presents significant events in the lives of those in the pharmacy community whose experiences have been shaped by their race, ethnicity, gender or gender presentation, sexual orientation, ability, language, mental health, or other factors. The perspectives from the narratives highlight the importance of diversity, equity, and inclusion in the healthcare sector. The authors of the narratives also reflect (...) on their experience to consider what they wish would have happened in the experience, to offer advice for others that may be faced with similar situations. Access to these stories will deepen the collective understanding among pharmacy colleagues, patients, and society of the experiences that individuals from historically underrepresented groups within pharmacy have experienced. (shrink)

Metaethical constructivism is the view that insofar as there are normative truths, they are not fixed by normative facts that are independent of what rational agents would agree to under some specified conditions of choice. The appeal of this view lies in the promise to explain how normative truths are objective and independent of our actual judgments, while also binding and authoritative for us. -/- Constructivism comes in several varieties, some of which claim a place within metaethics while others claim (...) no place within it at all. In fact, constructivism is sometimes defended as a normative theory about the justification of moral principles. Normative constructivism is the view that the moral principles we ought to accept are the ones that agents would agree to or endorse were they to engage in a hypothetical or idealized process of rational deliberation. -/- Metaethical constructivist theories aim to account for the nature of normative truths and practical reasons. They bear a problematic relation to traditional classifications of metaethical theories. In particular, there are disagreements about how to situate constructivism in the realism/antirealism debate. These disagreements are rooted in further differences about the definition of metaethics, the relation between normative and metaethical claims, and the purported methods pertinent and specific to metaethical inquiry. The question of how to classify metaethical constructivism will be addressed in what follows by focusing on the distinctive questions that constructivist theories have been designed to answer. Section 1 explains the origin and motivation of constructivism. Sections 2–4 examine the main varieties of metaethical constructivism. Section 5 illustrates related constructivist views, some of which are not proposed as metaethical accounts of all normative truths, but only of moral truths. Sections 6 and 7 review several debates about the problems, promise and prospects of metaethical constructivism. (shrink)

On the Pragmatics of Hortatory Subjunctive in Italian Business Letter Discourse This paper is a pragmatic account of the use of the Italian hortatory subjunctive in business letter discourse. According to traditional descriptions of the Italian subjunctive mood which mostly focus on the use of this mood in dependent clauses, the hortatory subjunctive is one of the few remaining examples of subjunctive use in independent clauses. In business letter discourse it is used in independent clauses, always as a formulaic modal (...) expression with the modal verb of volition volere. In this paper it is argued that the rare examples of its use seem to confirm that in the Italian language the hortatory subjunctive survives only in very formal types of writing, business letter discourse being a case in point; and that in this type of genre the dynamic modality expressed by the subjunctive mood is used only in specific moves within the text for negative politeness reasons. The findings also suggest the need to take a "discourse-approach" to politeness, i.e. to rethink and analyze politeness as a holistic phenomenon which is the result of a number of acts intricately wound together in the text, both at the micro and macro level. (shrink)

I investigate the reciprocal relationship between social accounts of knowledge production and efforts to increase the representation of women and some minorities in the academy. In particular, I consider the extent to which feminist social epistemologies such as Helen Longino’s critical contextual empiricism can be employed to argue that it is in researchers’ epistemic interests to take active steps to increase gender diversity. As it stands, critical contextual empiricism does not provide enough resources to succeed at this task. However, considering (...) this view through an employment equity lens highlights areas where such theories need to be further developed. I argue that views such as Longino’s ought to attend to nuances of community structure and cultural features that inhibit critical social interactions, if we are to maximize the epistemic as well as the ethical improvements associated with a social approach to knowing. These developments advance these epistemic theories for their own sake. They also help develop these theories into a tool that can be used by those calling for increased diversity in the academy. (shrink)

Health is a basic human right, and drug use represents a severe influence on people’s health. This qualitative study aimed to understand how health professionals in a public health-care team working with drug users in a city of the state of São Paulo, Brazil, perceive the human rights of these users and how these rights are being respected in health care. Data were collected through semistructured interviews with 10 health professionals at the service under analysis. A thematic analysis of the (...) interviews reveals the professionals’ difficulty to define the concept of human right and contextualize these rights in their work environment. A deeper understanding of the right to health, however, represents an important premise for a more humanized care practice in health services to drug users. (shrink)

Esta pesquisa tem como tema a prática da análise de necessidades de formação de professores, e como principal objetivo compreender as condições que favorecem essa prática a se tornar um referencial de saberes para a legitimação das práticas de formação continuada para professores. Para alcançar esse objetivo, serão utilizadas as ferramentas teórico-metodológicas foucaultianas próprias da genealogia e arqueologia na análise de documentos pertencentes ao âmbito da atual política educacional brasileira e de trabalhos científicos sobre a análise de necessidades de professores. (...) Como resultados parciais desta pesquisa, este texto apresenta o levantamento bibliográfico de trabalhos a respeito da temática investigada, nos programas de pós-graduação do Brasil e de Portugal. (shrink)

Against the standard reading of Isaiah Berlin's thought that drives a wedge between his early and subsequent work, this article suggests that his late normative anti-reductionism has roots in the early writings on meaning, semantics and truth. Berlin's anti-reductionist objection to logical positivists in the realm of semantics evince a sensitivity to reductionism, a recognition of the irreducibility of propositional meaning, a plea for the embededness of language in a temporal continuum, an anti-dualist call, and a celebration of the plural (...) and open-ended character of propositions, all of which keep broad affinity with his mature value pluralism in ethics and politics. The unity of concerns in Berlin's work brings about two implications. First, it sheds light on the fact that Berlin's ethical and political pluralism rests on views about semantics and ontology as well. Second, it offers a basis on which to deflect some current moral realist readings of his value pluralism, offering instead a history-laden understanding of his pluralism that provides more compelling grounds to understand the relationship between the latter and liberalism in Berlin's work. (shrink)

Are the emotions relevant for the theory of value and normativity? Is there a set of morally correct arrangements of emotions? Current debates are often structured as though there were only two theoretical options to approach these questions, a sentimentalist theory of some sort, which emphasizes the role of emotions in forming ethical behaviour and practical thought, and intellectualist rationalism, which denies that emotions can help at all in generating normativity and contributing to moral value, hence also denying that they (...) may have any role to play in moral agency and moral thinking. In what follows, I will offer a Kantian account of ‘practical reason’ as the seat of moral agency, which recognizes a diversified and complex relation between reason and sensibility. (shrink)

Este artículo asocia la actividad tallerística de varios grupos contemporáneos de cine comunitario cordobés a una dinámica de legitimación de la “pedagogía decolonial”. Entiendo esta última como praxis de un “dispositivo” que identifico como el dispositivo decolonial pues sus relaciones de saber/poder son una práctica contra-hegemónica dentro de las dinámicas onto-epistemológicas de reproducción de aquello que Aníbal Quijano llamó “Colonialidad del poder”. El artículo observa como el cine comunitario sigue los dos estadios propuestos por la pedagogía decolonial como pasos ineludibles (...) hacia la emancipación de los sujetos subalternos. 1- la puesta en crisis de los saberes y las identidades hegemónicas, lo que se logra desde la identificación critica de su situación histórica y el aprendizaje de los artificios del lenguaje audiovisual en tanto aparato de reproducción ideológica colonial-capitalista. 2- Una propuesta teleológica por una vida decolonializada que emerge tanto de la apropiación tecnológica del lenguaje audiovisual desde el cual realizan su narración, su film, como también de las relaciones sociales “Otras” de producción de su mensaje. (shrink)

If the aura has been interpreted as a result of the artwork or its enactment, it is possible to think the aura as the work that the artwork produces: the artwork acts, interacts with the Other or identifies it. Can the aura be identified in this relationship between moods and emotions, between the artwork and the viewer? Where to place the path that opens a gap to establish a connection between Self and Other? The aura of the artwork is this (...) Otherness, this Other that remains to be seen, to be listened and traced: the Other that still cannot be heard, which remains silent or speaks through tensions, plots and tracks. The relationship between trauma (shock) and experience, memory and consciousness, between what is remembered and what is hard to remember, is the question addressed in these pages. (shrink)

This paper discusses the legal implications of setting up two new biobanks in Belgium. The first is hospital-based and will archive tissue from patients with haematologic cancer, whereas the second is linked to a general practice based morbidity registry and will involve storage of blood samples. To date, Belgium has no specific legislation that regulates storage of human tissue and related databases. Several issues concerning the protection of individuals with regard to the processing of personal medical data are discussed from (...) the existing privacy legislation. We will address the principle of consent (broad versus specific) and the type of data recorded (anonymous, encoded and identifiable) for both biobanks. (shrink)

ABSTRACT As we strive for a more polyvocal history of science, historians have placed increasing emphasis on local case studies as a way to globalize the field. This tension between the local and the global extends to the practice as well as the content of the history of science, as the field has begun to pay more attention not just to local case studies, but also to local cultures of historiography. Many historians of science want multiple historiographical voices that take (...) seriously the concerns and literatures in different linguistic and national contexts. As more journals urge translation into what are perceived as the dominant languages in “global” humanities discourses and scholars are encouraged to facilitate the Englishing of their historical research, many questions remain: In what ways does it make sense to nationalize or culturally locate individual cultures of the history of science? Is translation a democratic and positive force in the discipline, and/or does it kill local difference? Will it continue to be meaningful to talk about the history of science? A collective dialogue within the field depends on finding a way to take local diversity in historiography and epistemology seriously while translating that local difference into a meaningful common conversation. This essay considers the challenges of embracing multiple ways of knowing that might fall under the purview of the history of science, while wondering what that means for the coherence of the field as we move forward into the next century of work in Isis. (shrink)

This article explores twelve short narrative films created by women and trans people living with disabilities and embodied differences. Produced through Project Re•Vision, these micro documentaries uncover the cultures and temporalities of bodies of difference by foregrounding themes of multiple histories: body, disability, maternal, medical, and/or scientific histories; and divergent futurities: contradictory, surprising, unpredictable, opaque, and/or generative futures. We engage with Alison Kafer's call to theorize disability futurity by wrestling with the ways in which “the future” is normatively deployed in (...) the service of able-bodiedness and able-mindedness, a deployment used to render bodies of difference as sites of “no future”. By re-storying embodied difference, the storytellers illuminate ongoing processes of remaking their bodily selves in ways that respond to the past and provide possibilities for different futures; these orientations may be configured as “dis-topias” based not on progress, but on new pathways for living, uncovered not through evoking the familiar imaginaries of curing, eliminating, or overcoming disability, but through incorporating experiences of embodied difference into time. These temporalities gesture toward new kinds of futures, giving us glimpses of ways of cripping time, of cripping ways of being/becoming in time, and of radically re-presencing disability in futurity. (shrink)

This paper posits that differences in corporate governance structure partly result from differences in institutional arrangements linked to business systems. We developed a new international triad of business systems: the Anglo-American, the Communitarian and the Emerging system, building on the frameworks of Choi et al. (British Academy of Management (Kynoch Birmingham) 1996, Management International Review 39, 257–279, 1999). A common factor determining the success of a corporate governance structure is the extent to which it is transparent to market forces. Such (...) transparency is more than pure financial transparency; as it can also be based on factors such as governmental, banking and other types of institutional transparency mechanism. There may also be a choice for firms to adopt voluntary corporate disclosure in situations where mandatory disclosure is not established. The Asian financial crisis of 1997–1999 and the more recent corporate governance scandals such as Enron, Andersen and Worldcom in the United States and Ahold and Parmalat in Europe show that corporate governance and business ethics issues exist throughout the world. As an illustration we focus on Asia’s emerging1 markets, as, both in view of the pressure of globalization and taking into account the institutional arrangements peculiar to the emerging business system, these issues are important there. Particularly for those who have to find an accommodation between the corporate governance structures and disclosure standards of the Emerging system and those of the Anglo-American and Communitarian systems. (shrink)

Theory of Mind (ToM, also referred to as mentalising; Fonagy, 1991; Frith & Frith, 2006) was coined by primatologists, Premack and Woodruff (1978) and adapted in developmental psychology to refer t...

While foregrounding the historiography of HIV and AIDS in the South African context, this article analyses AIDS as simultaneously existing in three spheres: first, virtually – as the subject matter of electronically measurable research; second, academically – as a topic of research in the discipline of History; and third, actually – as a complex health concern and signifier that, via the field of Medical and Health Humanities, could allow for new collaborations between historians and others interested in understanding AIDS. Throughout, (...) the central focus is the discipline of History and the global trends that become evident when examining metrics about AIDS research, particularly those that show the hierarchies of knowledge ‘production’, the reinforcement of disciplinary boundaries, and the discrepancy between the amount of research ‘produced’ by scientific and humanities disciplines. Overall, the article suggests that ‘post-AIDS’ is not currently helpful to health historians working on South African and other majority world contexts. More specifically, the article reflects on what AIDS histories still need to be written, and I argue that Medical and Health Humanities could provide a space for historians to work within and across disciplinary boundaries given the ever evolving remit of AIDS histories, temporalities, and narratives. (shrink)

Background Ethical decision making in intensive care is a demanding task. The need to proceed to ethical decision is considered to be a stress factor that may lead to burnout. The aim of this study is to explore the ethical problems that may increase burnout levels among physicians and nurses working in Portuguese intensive care units . A quantitative, multicentre, correlational study was conducted among 300 professionals.Results The most crucial ethical decisions made by professionals working in ICU were related to (...) communication, withholding or withdrawing treatments and terminal sedation. A positive relation was found between ethical decision making and burnout in nurses, namely, between burnout and the need to withdraw treatments , to withhold treatments and to proceed to terminal sedation . This did not apply to physicians. Emotional exhaustion was the burnout subdimension most affected by the ethical decision. The nurses' lack of involvement in ethical decision making was identified as a risk factor. Nevertheless, in comparison with nurses , it was the physicians who more keenly felt the need to proceed to ethical decisions in ICU.Conclusions Ethical problems were reported at different levels by physicians and nurses. The type of ethical decisions made by nurses working in Portuguese ICUs had an impact on burnout levels. This did not apply to physicians. This study highlights the need for education in the field of ethics in ICUs and the need to foster inter-disciplinary discussion so as to encourage ethical team deliberation in order to prevent burnout. (shrink)

This essay examines phrenological tools as instruments of matchmaking and focuses on the personal ad as a site for producing and exchanging knowledge about individuals. It shows how cranial measurement produced character profiles for the purpose of judging suitable marriage partners and how users integrated those profiles into personal advertisements published in the Water-Cure Journal. A popular but contested science of the mind, phrenology maintained that one could truly know others and oneself through measuring “organs” of the mind via protrusions (...) on the skull. While much has been written about phrenology, less attention has been paid to its focus on marriage and mating and to how users enrolled phrenology to find and judge the viability of a mate. Focused on the American context in the 1850s, this essay will show that notions of race and gender, heredity, and marital “relations” were embedded in the shorthand of phrenological measurements and personal ads. (shrink)

Neoliberal ideology and exclusionary policies based on racialized identities characterize the current contexts in North America and Western Europe. Nursing knowledge cannot be abstracted from social, political and historical contexts; the task of examining the influence of race and racial ideologies on disciplinary knowledge and inquiry therefore remains an important task. Contemporary analyses of the role and responsibility of the discipline in addressing race‐based health and social inequities as a focus of nursing inquiry remain underdeveloped. In this article, we examine (...) nursing's engagement with ideas about race and racism and explore the ways in which nursing knowledge and inquiry have been influenced by race‐based ideological discourses. Drawing on Henry and Tator's framework ofdemocratic racism, we consider how strategic discursive responses—the discourses of individualism, multiculturalism, colour‐blindness, political correctness and denial—have been deployed within nursing knowledge and inquiry to reinforce the belief in an essentially fair and just society while avoiding the need to acknowledge the persistence of racist discourses and ideologies. Greater theoretical, conceptual and methodological clarity regarding race, racialization and related concepts in nursing inquiry is needed to address health and social inequities. (shrink)

Thought experiments play an important epistemic, rhetorical and didactic function in Galileo’s dialogues. In some cases, Salviati, Sagredo and Simplicio agree about what would happen in an imaginary scenario and try to understand whether the predicted outcome is compatible with their respective theoretical assumptions. There are, however, also situations in which the predictions of the three interlocutors turn out to be theory-laden. Salviati, Sagredo and Simplicio not only disagree about what would happen, but they reject each other’s solutions as question-begging (...) and somtimes even dismiss each other’s thought experiments as misleading or nonsensical. (shrink)

This article argues that cruelty, as a willingness to see or orchestrate the suffering of others, is not an unfortunate side-effect of neoliberal theories put into practice but is constitutive of the neoliberal project from its theoretical inception. Drawing on Lisa Duggan’s concept of ‘optimistic cruelty’ and treating the canonical texts of neoliberal economic theory as literary artefacts, the article develops this argument through a close reading of one of the central architects of the neoliberal project, the philosopher and economist (...) Friedrich Hayek. The first part of the article examines how Hayek attempts to justify the brutality of the market order he imagines – the catallaxy – by arguing that this brutality is the natural consequence of the spontaneous evolutionary processes that move civilisation forward. The second part brings to the fore the eugenicist undertones that suffuse this vision, despite Hayek’s apparent rejection of Social Darwinism. I analyse how Hayek’s market order operates through a series of disciplinary and biopolitical technologies that use pain, frustration, punishment and stigmatisation to eliminate bad habits, practices and subjectivities. These cruel mechanisms enable the catallaxy to sort between productive and unproductive lives to ensure that available resources are directed towards the former – even if it means that the others might be left to die. As such, cruelty is an affective atmosphere that permeates the catallaxy. (shrink)

If the aura has been interpreted as a result of the artwork or its enactment, it is possible to think the aura as the work that the artwork produces: the artwork acts, interacts with the Other or identifies it. Can the aura be identified in this relationship between moods and emotions, between the artwork and the viewer? Where to place the path that opens a gap to establish a connection between Self and Other? The aura of the artwork is this (...) Otherness, this Other that remains to be seen, to be listened and traced: the Other that still cannot be heard, which remains silent or speaks through tensions, plots and tracks. The relationship between trauma (shock) and experience, memory and consciousness, between what is remembered and what is hard to remember, is the question addressed in these pages. (shrink)

The purpose of this paper is to apply theEntrenchment-and-Conventionalization Model(EC-Model hereafter; seeSchmid 2014,2015,2016,2017,2018;Schmid & Mantlik 2015) of language knowledge to genre, with the aim of showing how a unified theory of the relation between usage and linguistic knowledge and convention can shed light on the way genre knowledge becomes entrenched in the individual and shared conventional behavior in communities. The EC-Model is a usage-based and emergentist model of language knowledge and convention rooted in cognitive linguistics and usage-based approaches. It sees (...) knowledge as emerging from language usage, and explains the processes underlying the intertwining of social practice and cognition. However, so far, no suggestion has been advanced on how to extend the model to account for entrenchment and conventionalization at the supra-sentential level. In the area of genre studies various attempts have been made by scholars to develop or apply theories belonging to different scientific domains to understand the nature of genre. However, so far, there has been no research that applies a unified model in the attempt to link entrenchment of genres in individuals to their conventionalization at the societal level. I largely focus on the long tradition of rhetorical studies of genre, one among the different approaches that, over time, have regarded genre as their main topic of investigation. I concentrate on this tradition as it opens up the entire field of enquiry that defines contemporary genre research. To these I add by showing how the explanations provided so far can be cognitively clarified and unified under the EC-Model. The paper, then, argues that the EC-Model is theoretically apt to address questions about the nature of genre, capturing in an elegant way the interplay between cognition and social interaction in genre emergence, evolution, stabilization and variation. (shrink)

In ‘Parental Virtues: A New Way of Thinking about the Morality of Reproductive Actions’ Rosalind McDougall proposes a virtue-based framework to assess the morality of child selection. Applying the virtue-based account to the selection of children with impairments does not lead, according to McDougall, to an unequivocal answer to the morality of selecting impaired children. In ‘Impairment, Flourishing, and the Moral Nature of Parenthood,’ she also applies the virtue-based account to the discussion of child selection, and claims that couples with (...) an impairment are morally justified in selecting a child with the same impairment. This claim, she maintains, reveals that the flourishing of a child should be understood as requiring environment-specific characteristics. I argue that McDougall's argument begs the question. More importantly, it does not do justice to virtue ethics. I also question to what extent a virtue ethics framework can be successfully applied to discussions about the moral permissibility of reproductive actions. (shrink)

Research on children’s ability to attribute false mental states to others has focused exclusively on false beliefs. We developed a novel paradigm that focuses instead on another type of false mental state: false perceptions. From approximately 4 years of age, children begin to recognize that their perception of an illusory object can be at odds with its true properties. Our question was whether they also recognize that another individual viewing the object will similarly experience a false perception. We tested 33 (...) preschool children with a task in which distorting lenses caused a small object to appear large and a large object to appear small. To succeed, children needed to recognize that a naive agent would falsely perceive the relative size of the objects and to correctly anticipate the agent’s actions on that basis. Children performed significantly better than chance in our false perception test, and there was a developmental progression in performance from 4 to 5 years of age similar to that seen in standard false belief tests. Our findings demonstrate that preschool children are capable of understanding that other individuals will be perceptually misled by illusory objects and that these false perceptions will influence their actions in predictable ways. (shrink)

Constructivism in ethics is the view that insofar as there are normative truths, for example, truths about what we ought to do, they are in some sense determined by an idealized process of rational deliberation, choice, or agreement. As a “first-order moral account”--an account of which moral principles are correct-- constructivism is the view that the moral principles we ought to accept or follow are the ones that agents would agree to or endorse were they to engage in a hypothetical (...) or idealized process of rational deliberation. As a “metaethical account” – an account of whether there are any normative truths and, if so, what they are like – constructivism holds that there are normative truths. These truths are not fixed by facts that are independent of the practical standpoint, however characterized; rather, they are constituted by what agents would agree to under some specified conditions of choice. In working to provide a more precise definition of constructivism in metaethics, the focus of this entry, one faces two main difficulties. The first difficulty is that constructivism comes in several varieties, each of which claims a different niche within metaethics, and some claim no space at all. The second difficulty concerns where to place constructivism on the metaethical map in relation to realism and anti-realism. These are terms of art, and it is highly contested which views count as realist and which as antirealist. These two difficulties will be addressed in what follows by focusing on the distinctive questions that constructivist theories are designed to answer. Section §1 defines the scope of constructivism in ethics, in contrast to constructivism in political theory. Sections §§2-5 illustrate the main varieties of metaethical constructivism, which are designed to account for the nature of normative truths and practical reasons. Section §6 presents the main varieties of constructivist accounts of the justification of moral judgments of right and wrong. Section §7 discusses the metaethical status of constructivism, and its distinctive import. (shrink)

In general, understanding requires cognitive and linguistic skills, encompasses cultural, social, contextual and individual aspects, and is characterised by gradualness and dynamicity. In this study, the intertwined set of relevant components involved in the complex process of understanding space deixis will be analysed in the specific context of face-to-face interaction. In everyday conversation, this process is unavoidably mutual and may include misunderstanding (which often opens up a way to understanding), repairs, reformulations and negotiation cycles, all of which eventually lead to (...) understanding and mutual comprehension or to communication failure. Many scholars have already pointed out several elements that influence interactants’ understanding in a positive or negative way: on the one hand, shared physical context, cotext, common ground, shared knowledge and avoidance devices; on the other, ambiguity, speakers’ failures, and interactants’ asymmetric features with regard to language and culture. The interactional context, the cotext and the use of multimodal resources (resorted to as co-speech or to substitute language) play a significant role in the dynamic process of understanding spatial deixis, often helping to overcome the difficulties related to peripheral cases of spatial deictics and other causes of misunderstandings, which can either work as a starting point for understanding or lead to communication failure. (shrink)

The aim of this article is to analyze the deontic character of norms of competence, more than to define a concept of competence. Competence is here understood as a power given by the legal system to a certain authority, as the capacity to create, modify or extinguish legal relations or positions. Only a couple of theses are examined to evaluate whether these norms have an autonomous deontic character, a complex modality or present a combination of independent characters. The relevance of (...) the answers is related to questions about responsibility, coercion and legal consequences.Resumen:El objeto del artículo es analizar el carácter deóntico de las normas de competencia, más que definir el concepto de competencia. En este caso, la competencia es entendida como un poder conferido por el sistema jurídico a ciertas autoridades, como la capacidad de crear, modificar o extinguir relaciones jurídicas o posiciones. Sólo un par de tesis son examinadas, a fin de evaluar si esas normas tienen un carácter deóntico autónomo o presentan una combinación de características independientes. La relevancia de las respuestas está relacionada con cuestiones acerca de la responsabilidad, la coerción y las consecuencias jurídicas. (shrink)

Legal philosophy is a general and systematic reflection about fundamental questions regarding law. The fact that despite the efforts of contemporary jurists terms like ‘legal philosophy’, ‘legal theory’ and ‘jurisprudence’ do not have established meanings is one of the reasons behind the dispute regarding the function and validity of legal philosophy; a second issue worth considering is the transformations of law due to diverse influences such as globalization or theories on human rights. This article intends to establish common ground for (...) the discussion surrounding this issue by revisiting some of the differences between the two main western traditions, the article then proceeds to describe the general perception and evolution of jurisprudence.Resumen:La filosofía del derecho es una reflexión general y sistemática sobre las cuestiones fundamentales del derecho. El hecho de que términos como “filosofía del derecho”, “teoría del derecho” y “jurisprudencia” no tengan significados delimitados e indisputables, a pesar de los esfuerzos de los juristas contemporáneos, es una de las razones que junto con las transformaciones del derecho en virtud de la globalización y las teorías sobre derechos humanos han dado lugar a diversas disputas sobre la función y validez de la filosofía del derecho. En este artículo se pretende establecer una base común para la discusión en torno a estos problemas mediante la revisión de algunas de las diferencias que las dos principales tradiciones occidentales para después describir la precepción general y evolución de la filosofía del derecho. (shrink)