Important, unimportant a critical anticipation of the assumptions of legal positivism in Alice in Wonderland

Almost a full century separates Lewis’ Alice in Wonderland (1865) and the second, lengthier and more elaborate edition of Hans Kelsen’s Pure Theory of Law (1960; first edition published in 1934). And yet, it is possible to argue that the former anticipates and critically addresses many of the philosophical assumptions that underlie and are elemental to the argument of the latter. Both texts, with the illuminating differences that arise from their disparate genre, have as one of their key themes norms and their functioning. Wonderland, as Alice soon finds out, is a world beset by rules of all kinds: from the etiquette rituals of the mad tea-party to the changing setting for the cricket game to the procedural insanity of the trial with which the novel ends. Pure Theory of Law, as Kelsen emphatically stresses, has the grundnorm as the cornerstone upon which the whole theoretical edifice rests2. This paper discusses some of the assumptions underlying Kelsen’s argument as an instance of the modern worldview which Lewis satirically scrutinizes. The first section (Sleepy and stupid) discusses Lewis critique of the idea that, to correctly apprehend an object (in the case of Kelsen’s study, law), one has to free it from its alien elements. The second section (Do bats eat cats?) discusses the notion of systemic coherence and its impact on modern ways of thinking about truth, law and society. The third section (Off with their heads!) explores the connections between readings of systems as neutral entities and the perpetuation of political power. The fourth and final section (Important, Unimportant) explains the sense in which a “critical anticipation” is both possible and useful to discuss the philosophical assumptions structuring some positivist arguments. It also discusses the reasons for choosing to focus on Kelsen’s work, rather than on that of Lewis’ contemporary, John Austin, whose The Province of Jurisprudence Determined (published in 1832) remains influential in legal debates today.

Uma análise crítica do papel da jurisprudência no planejamento tributário: tensões principiológicas e desafios à uniformidade

Como em países de tradição civil law, o sistema jurídico brasileiro consagra a lei como fonte primária e garantia do Estado de Direito. A hermenêutica, como teoria científica da arte de interpretar, impõe-se em nosso sistema como canal destinado a suprir as vaguezas e imprecisões da lei e resolver-lhe os conflitos normativos, pelos métodos e critérios tradicionais. A jurisprudência, entendida como um conjunto uniforme e constante de decisões sobre assuntos similares, tem um papel secundário, e as ideias de Direito e Justiça, nesse contexto, muito se aproximam da lei. Com a promulgação da Constituição democrática de 1988, e o renascimento do direito constitucional brasileiro, cujo marco filosófico é o pós-positivismo, o constituinte atribuiu normatividade aos princípios constitucionais. Mas não sistematizou as relações dos princípios entre si, e destes com regras igualmente positivadas na Constituição, fazendo emergir certas tensões principiológicas e também entre princípios e regras constitucionais. Superado o modelo positivista, que equiparava o Direito à lei, ganharam grande importância as discussões relacionadas à neutralidade do aplicador da norma, e os voluntarismos e personalismos praticados sob ideais subjetivos de justiça. Nesse novo contexto, a jurisprudência assume papel protagonista, e aproxima o modelo brasileiro das jurisdições do common law. Entretanto, a vinculação apenas extraordinária dos julgadores aos precedentes, que deita raízes no regime de livre convencimento, induz falta de uniformidade e de coerência dos julgados, acerca de questões jurídicas similares, comprometendo a estabilidade, gerando incerteza e insegurança jurídica, e por via de consequência, relevantes empecilhos ao planejamento empresarial e aos investimentos que dele dependem, o que tende a gerar prejuízos ao ambiente de negócios do País. Essa perspectiva tem o objetivo de demonstrar que o Direito, enquanto sistema harmônico de normas, requer limites claros, e que esses limites, em nosso sistema constitucional, significam precisamente a imposição de métodos que assegurem à sociedade pronunciamentos uniformes e coerentes por parte do aplicador da norma, mediante observância de precedentes adequadamente sopesados em direção à harmonia, segurança jurídica e previsibilidade.

A (in)segurança jurídica do contencioso administrativo tributário estadual : estudo de casos sobre a aplicação da súmula nº 166 nas saídas por transferência de mercadorias

DISSERTAÇÃO DE MESTRADO - ESCOLA DE DIREITO DE SÃO PAULO DA FUNDAÇÃO GETULIO VARGAS.

Automated system of seedling image analysis (SVIS) and electrical conductivity to assess sun hemp seed vigor

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Postharvest Storage of 'Ponkan', 'Satsuma Okitusu' and 'Fremont' Tangerines and Their Minimally Processed Products Using Refrigeration and Controlled Atmosphere

This study aimed to evaluate the postharvest conservation of tangerines 'Fremont', 'Satsuma Okitsu' and 'Ponkan' when stored at different conditions, as well as the quality of the minimally processed product. Fruit were harvested when a sugar: acid ratio of 10.0 to 12.0 for 'S. Okitsu' and 'Fremont' and 16.0 to 19.0 for 'Ponkan' was reached, selected for uniformity of color, size, and absence of injuries. Whole fruits were stored at 3 degrees C, 85% RH and 7 degrees C, 95% RH, and after each storage period, fruits were brought to ambient conditions (22 degrees C, 65% RH) for 3 days before evaluation. The minimally processed products (peeled) were packed in polystyrene trays (22.4x14.8x3.7 cm) coated with polyvinyl chloride (PVC) stretchable, with 0.014 mm thickness, and in lidded packages (500 ml) of transparent polyethylene terephthalate. Fruit were analyzed for appearance, weight loss, respiratory rate, package atmosphere, rind and pulp color, soluble solids, titratable acidity and ascorbic acid content. Shelf life of tangerine 'Fremont' was limited to 42 days based on freshness. Its minimally processed product had a 9 day shelf-life for products packaged in PVC film. The mandarins 'S. Okitsu' had 35 days shelf-life at 7 degrees C, which was reduced to 28 days at 3 degrees C. Its fresh-cut product had a shelf-life of 15 days, stored in PVC or PET. 'Ponkan' fruit stored at 3 degrees C had a shelf life of 35 days, which was reduced to 28 days at 7 degrees C. When minimally processed, its shelf-life lasted for 15 days, whether packaged in PVC or PET. The 'Ponkan' had a shelf-life of 35 days at 3 degrees C and 28 days at 7 degrees C, also limited by loss of freshness. When minimally processed and stored in PVC or PET, its shelf life reached 15 days.

Genetic and environmental heterogeneity of residual variance of weight traits in Nellore beef cattle

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Genetic variability of residual variance of production traits in Nellore beef cattle

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Anelastic characterization and superconducting properties of RuSr2GdCu2O8+delta

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Evaluation of strip rolling directly from the semi-solid state

defect metal alloy strip when thixorolling directly from the semi-solid state. To facilitate the study lead/tin alloys were chosen for their relatively low operating temperature. The objective is to extrapolate these findings to the higher temperature aluminium, alloys. Three alloys (70%Pb30%Sn, 60%Pb-40%Sn, 50%Pb-50%wtSn) were used particularly to study the influence of the solidification interval. The equipment consists of a two roll mill arranged as an upper and lower roller, where both rollers are driven at a controlled speed. The lower roller is fed with semi solid alloy through a ceramic nozzle attached to the lower end of a cooling slope. Several types of nozzle and their position at the roller were tested. This produced different solidifications and consequently different finished strip. The alloys were first cast and then poured onto the cooling slope through a tundish in order to create a continuous laminar flow of slurry and uniformity of metal strip quality. The pouring was tested at different positions along the slope. The cooling slope was coated with colloidal graphite to promote a smooth slurry flow and avoid the problem of adherence and premature solidification. The metallic slurry not only cools along the slope but is also initially super-cooled to a mush by the lower roller whilst at room temperatures, thus enabling thixorolling. It was also found that the nozzle position could be adjusted to enable the upper roller to also contribute to the solidification of the metallic slurry. However the rollers and the cooling slope naturally heat up. Temperature distribution in these zones was analysed by means of three thermocouples positioned along the cooling slope and a fourth in the base of the semi solid pool within the nozzle. The objective being to design an optimum pouring and cooling system. The formed strip was cooled down to room temperature with a shower of water. Microstructures of the thixorolling process were analysed. The differences in solidification conditions resulted in differing qualities of finished strip and corresponding defect types, all of which are a serious quality issue for the rolled product.

Prevention of Risky drinking among students at a Brazilian University

Aim: The aim of this paper was to compare the quantity and frequency of alcohol use and its associated negative consequences between two groups of college students who were identified as being risky drinkers. Subjects were randomly allocated in a clinical trial to intervention or control groups. Methods: Risky drinking use was defined as Alcohol Use Disorders Identification Test (AUDIT) >= 8 and/or Rutgers Alcohol Problem Index (RAPI) >= 5 problems in the previous year. Students who had undergone the Brief Alcohol Screening and Intervention for College Students (BASICS) (N = 145 at baseline; 142 at 12 months, and 103 at 24 months, loss of 29.7%) were compared with a control group (N = 121 at baseline; 121 at 12 months and 113 at 24 months, loss of 9.3%), the nonintervention group. Variables included drinking frequency, quantity and peak consumption, dependence assessment, and family and friends' abuse assessment. Results: Treated students at a 24-month follow-up decreased quantity of alcohol use per occasion and lowered AUDIT and RAPI scores. Conclusions: This is the first brief intervention work on risky drinking with college students in Brazil and the results are encouraging. However, it is difficult to conduct individual prevention strategies in a country where culture fosters heavy drinking through poor public policy on alcohol and lack of law enforcement.

Contribution to the embryology of Leiothrix fluitans (Eriocaulaceae : Poales)

This paper presents a contribution to the understanding of the embryology, especially microsporogenesis, the antipodal cell behavior, and the early stages of the micropylar seed operculum, in Leiothrix fluitans, to elucidate these aspects both within the subgenus Rheocaulon and within the genus in Eriocaulaceae. Contrarily to previous descriptions of this same species, our results show the following: microsporogenesis is of the successive type and results in isobilateral microspore tetrads; the antipodal cells gradually fuse together to form a conspicuous cyst; and the inner integument, which does not develop into an endothelium, shows evidence of the initiation of the seed operculum in its micropylar end. Such features are common to the family as a whole. Evidenced for the first time in the family, the chalazal end of the ovule differentiates into a hypostase closely associated to the antipodal cyst. These overall features of L. fluitalls point out previous misinterpretations on some of its embryological aspects, especially those concerning the only report of simultaneous microsporogenesis and proliferation of the antipodal cells. Furthermore, the results presented here allow us to reinforce the uniformity of the embryological aspects within the Eriocaulaceae, strengthening the cystic arrangement of the antipodal cells as a potential autapomorphy of the family within the other Poales (commelinids). (C) 2007 Elsevier B.V. All rights reserved.

ONTOGENIC VARIATION OF OXYGEN-UPTAKE IN THE PITVIPER BOTHROPS MOOJENI (SERPENTES, VIPERIDAE)

The scaling of oxygen uptake was measured along the ontogeny, in the neotropical pitviper Bothrops moojeni. Allometric relationship between oxygen uptake and body mass, quantified for juveniles, sub-adults and adults, showed the same mass coefficient and exponent. The uniformity of mass constants along ontogeny suggests that B. moojeni is energetically homomorphic. Variation in mass seem to be the sole determinant of oxygen uptake, and structural modifications have no effect on the metabolic rate. Applications of the homomorphism principle to assess variations in mass coefficient and exponent for intraspecific analysis of metabolism in reptiles are discussed. B. moojeni had an oxygen consumption in the range reported for viperids, but lower than that for colubrid snakes of similar size. Possible causative reasons for this pattern is discussed.

A note on carcass characteristics of rabbits fed on a restricted system

Thirty four 65 days old New Zealand White female rabbits. weighting 1900 +/- 40 g, were separated in 3 groups and caged individually. One group was slaughtered when 70 days old (reference group, n=14). The second group was slaughtered 50 days later after ad libitum feeding (n = 6), and the third group was slaughtered also when 120 days old, but after restricted feeding since 70 days old i.e. 50% of the spontaneous feed intake of the 65-70 days period (restricted group n=14). Whole carcass weight and carcass cuts weights were measured after 24 hours storage at +4 degrees C. For each of the 3 groups in the previous order, slaughter live weight was 1992 - 2988 and 1887g; Chilled carcass percentage were 47.9 - 51.0 and 50.1. Feed restriction decreased the loin proportion of the carcass lower than that of the reference group (27.0 - 26.1 and 22.8% for the 3 groups in the same order) but increased the posterior limbs proportion (36.5 - 36.6 and 40.1).

Habitat heterogeneity and use of physical acoustic space in anuran communities in southeastern Brazil.

We intended to verify if structural and physiognomical characteristics of water bodies influence on the degree of overlap among calling sites of 23 anurans species, if anuran species use different calling sites in different water bodies, and if there is some relationship between the degree of advertisement call (based on seven call features) and calling site differentiation. Then, we determined calling sites (based in four variables) and recorded the advertisement call for anuran species that occurred in 10 water bodies of northwestern São Paulo State. We also determined the environmental heterogeneity (based in four environmental descriptors) for each water body. Males of most species used similar calling sites in each water body, probably because of the high uniformity of the environment, as a consequence of agricultural impacts on edge vegetation of the studied ponds. Most species (18 out of 19 species) called from different sites in the ponds where they occurred, which can be associated with differences in horizontal and vertical distribution of vegetation in the studied ponds. From the 19 species analyzed, only males of Pseudopaludicola aff. saltica called in sites with the same characteristics in different ponds. Advertisement call of Hylidae species was more similar to each other than were Leiuperidae and Leptodactylidae among themselves. The aquatic/terrestrial anurans (Bufonidae, Leiuperidae, Leptodactylidae and Microhylidae) occupied similar calling sites but presented quite distinct advertisement calls, while Hylidae species presented an inverse pattern: a high similarity on advertisement call features but used different calling sites, which indicates a niche complementarity between physical (calling site use) and acoustic (advertisement call) space use.