As razões do direito: um estudo da razão pública a partir do modelo liberal-igualitário de John Rawls

Em 1993, John Rawls, notável filósofo e professor da distinta Harvard University, publicou seu Political Liberalism, um livro em que pela primeira vez sintetiza sistematicamente o conceito de razão pública, uma ideia chave de sua teoria da justiça como equidade (justice as fairness). Segundo Rawls, a razão pública consiste fundamentalmente no modo e conteúdo adequados ao debate e à fundamentação de escolhas essenciais de justiça no espaço público de uma democracia constitucional. Nesse sentido, Rawls advoga que o único meio razoável de justificação da coerção estatal reside no reconhecimento e/ou obtenção de consensos (overlapping consensus) em relação às escolhas essenciais de uma sociedade democrática, o que só é possível se atores públicos e privados se despojarem de suas respectivas doutrinas filosóficas ou morais abrangentes ao debater e decidir tais questões essenciais de justiça. A presente dissertação tem por objetivo analisar a proposta de razão pública de Rawls, dentro do contexto de sua teoria da justiça como equidade, propondo-se a verificar se o pensamento rawlsiano procede no contexto jurídico-filosófico da pós-modernidade e se a sua teoria pode ser concretamente aplicada aos ordenamentos jurídicos contemporâneos, em especial no que tange ao conteúdo e pleno exercício da liberdade religiosa pelos cidadãos de um estado constitucional democrático.

Living on the hyphen: diaspora, identity and memory in Jamaica Kincaids Annie John / Lucy and Esmeralda Santiagos When I was Puerto Rican / Almost a woman

Esta dissertação tem por objetivo investigar o desenvolvimento de identidades de sujeitos diaspóricos em formas de narrativas nas quais a memória tem um papel crucial. As autobiografias e os memoirs têm despertado a curiosidade de muitas pessoas interessadas nos processos de construção de identidade de indivíduos que vivem em realidades singulares e nos relatos que dão sobre suas próprias vidas. Assim, o crescente interesse em diásporas e nos decorrentes deslocamentos fragmentários, provocados pelo distanciamento de raízes individuais e pelo contato com diferentes códigos culturais, poderiam legitimar as narrativas autobiográficas como maneiras estratégicas de sintetizar os nichos de identificação de autores e autoras que experimentaram uma ruptura diaspórica. Desta forma, ao analisar estes tipos de narrativas, deve-se estar atento às especificidades de algumas escritoras que passaram por processos diaspóricos e a como elas recorreram as suas memórias pessoais para, em termos literários, expressar suas subjetividades. Considerando todas essas idéias, tenciono usar Annie John e Lucy, de Jamaica Kincaid e When I Was Puero Rican e Almost a Woman, de Esmeralda Santiago como fontes de análise e amostras do desenvolvimento de identidades diaspóricas em narrativas autobiográficas

Direito e interpretação na tradição do positivismo jurídico: uma análise de John Austin, H. L. A. Hart e seus críticos

O objetivo desta dissertação de mestrado é examinar as teses centrais do positivismo jurídico de John Austin e de H. L. A. Hart. Analiso inicialmente as críticas que Hart faz à teoria do direito como comando, proposta inicialmente por Austin na primeira metade do século XIX. Em seguida, ocupo-me das críticas de Ronald Dworkin ao positivismo jurídico, bem como das tentativas recentes de se retomar a teoria do direito como comando. Por fim, procuro mostrar de que forma a discussão em torno das críticas ao positivismo legal foi recebido no contexto do debate teórico-jurídico no Brasil.

White spot syndrome virus (WSSV) transmission risk through infected cooked shrimp products assessed by polymerase chain reaction (PCR) and bio-inoculation studies

The aim of the study was to evaluate the resistance of white spot syndrome virus (WSSV) in shrimps (Penaeus monodon) to the process of cooking. The cooking was carried out at 1000C six different durations 5, 10, 15, 20, 25 and 30 min. The presence of WSSV was tested by single step and nested polymerase chain reaction (PCR). In the single step PCR, the primers 1s5 & 1a16 and IK1 & IK2 were used. While in the nested PCR, primers IK1 &IK2 – IK3 & IK4 were used for the detection of WSSV. WSSV was detected in the single step PCR with the primers 1s5 and 1a16 and the nested PCR with the primers IK1 and IK2 – IK3 & IK4 from the cooked shrimp samples. The cooked shrimps, which gave positive results for WSSV by PCR, were further confirmed for the viability of WSSV by conducting the bio-inoculation studies. Mortality (100%) was observed within 123 h of intra-muscular post injection (P.I) into the live healthy WSSV-free shrimps (P. monodon). These results show that the WSSV survive the cooking process and even infected cooked shrimp products may pose a transmission risk for WSSV to the native shrimp farming systems.

Group delay dispersion measurement of Yb : Gd2SiO5, Yb : GdYSiO5 and Yb : LuYSiO5 crystal with white-light interferometry

We report the measured group delay dispersion (GDD) of new crystals Yb:Gd2SiO5 (Yb:GSO), Yb:GdYSiO5 (Yb:GYSO) and Yb:LuYSiO5 (Yb:LYSO) over wavelengths from 1000nm to 1200nm, with a white-light interferometer. Those GDD data should be useful for the dispersion compensation for femtosecond pulse generation in the lasers with these new crystals as the gain media. (C) 2007 Optical Society of America

Phenotypic variation in Calandrinia galapagosa (Portulacaceae)

Calandrinia galapagosa St. John is found only on San Cristóbal Island in the Galápagos archipelago, where it is severely threatened by feral goats. A population at Cerro Colorado is protected by an exclosure constructed for this purpose in 1993. Individuals of this population have white or pinkish white flowers with a green stem, whereas the population at La Galapaguera, has pinkish white flowers with a purple stem.

Asymmetric conservation benefits of circle hooks in multispecies billfish recreational fisheries: a synthesis of hook performance and analysis of blue marlin (Makaira nigricans) postrelease survival

We evaluated the conservation benefits of the use of circle hooks compared with standard J hooks in the recreational fishery for Atlantic istiophorid billfishes, noting hooking location and the presence of trauma (bleeding) for 123 blue marlin (Makaira nigricans), 272 white marlin (Kajikia albida), and 132 sailfish (Istiophorus platypterus) caught on natural baits rigged with one of the two hook types. In addition, we used pop-up satellite archival tags (PSATs) to follow the fate of 61 blue marlin caught on natural baits rigged with circle hooks or on a combination of artificial lure and natural bait rigged with J hooks. The frequencies of internal hooking locations and bleeding were significantly lower with circle hooks than with J hooks for each of the three species and were significantly reduced for blue marlin caught on J hooks than for white marlin and sailfish taken on the same hook type. Analysis of the data received from 59 PSATs (two tags released prematurely) indicated no mortalities among the 29 blue marlin caught on circle hooks and two mortalities among the 30 blue marlin caught on J hooks (6.7%). Collectively, the hook location and PSAT data revealed that blue marlin, like white marlin and sailfish, derive substantial conservation benefits from the use of circle hooks, and the negative impacts of J hooks are significantly reduced for blue marlin relative to the other two species.

Surface mucous as a source of genomic DNA from Atlantic billfishes (Istiophoridae) and swordfish (Xiphiidae)

Procedures for sampling genomic DNA from live billfishes involve manual restraint and tissue excision that can be difficult to carry out and may produce stresses that affect fish survival. We examined the collection of surface mucous as a less invasive alternative method for sourcing genomic DNA by comparing it to autologous muscle tissue samples from Atlantic blue marlin (Makaira nigricans), white marlin (Tetrapturus albidus), sailfish (Istiophorus platypterus), and swordfish (Xiphias gladius). Purified DNA from mucous was comparable to muscle and was suitable for conventional polymerase chain reaction, random amplified polymorphic DNA analysis, and mitochondrial and nuclear locus sequencing. The nondestructive and less invasive characteristics of surface mucous collection may promote increased survival of released specimens and may be advantageous for other marine fish genetic studies, particularly those involving large live specimens destined for release.

Food habits of Atlantic white-sided dolphins (Lagenorhynchus acutus) off the coast of New England

Although the Atlantic white-sided dolphin (Lagenorhynchus acutus) is one of the most common dolphins off New England, little has been documented about its diet in the western North Atlantic Ocean. Current federal protection of marine mammals limits the supply of animals for investigation to those incidentally caught in the nets of commercial fishermen with observers aboard. Stomachs of 62 L. acutus were examined; of these 62 individuals, 28 of them were caught by net and 34 were animals stranded on Cape Cod. Most of the net-caught L. acutus were from the deeper waters of the Gulf of Maine. A single stomach was from the continental slope south of Georges Bank. At least twenty-six fish species and three cephalopod species were eaten. The predominant prey were silver hake (Merluccius bilinearis), spoonarm octopus (Bathypolypus bairdii), and haddock (Melanogrammus aeglefinus). The stomach from a net-caught L. acutus on the continental slope contained 7750 otoliths of the Madeira lanternfish (Ceratoscopelus maderensis). Sand lances (Ammodytes spp.) were the most abundant (541 otoliths) species in the stomachs of stranded L. acutus. Seasonal variation in diet was indicated; pelagic Atlantic herring (Clupea harengus) was the most important prey in summer, but was rare in winter. The average length of fish prey was approximately 200 mm, and the average mantle length of cephalopod prey was approximately 50 mm.

Seasonal, diel, and lunar spawning periodicities and associated sound production of white seabass (Atractoscion nobilis)

Spawning periodicities of white seabass (Atractoscion nobilis) were evaluated by observing spawning behavior, by collecting eggs, and monitoring recognizable sounds produced during the release of gametes. A total of 297 spawning events were documented from 15 male and 47 female white seabass contained within the seminatural confines of a 526-m3 net pen located in Catalina Harbor, Santa Catalina Island, California. Consistent spawning occurred from March through July 2001−03, and peaked in May at a photoperiod of 14 hours. Most spawning occurred within the 2-hour period following sunset or from 19:00−20:00 hours Pacific Standard Time. White seabass spawned at every phase of the lunar cycle; but an increase in successive spawning events followed the new moon. Most spawning occurred in water temperatures from 15 to 18°C, and there was no apparent correlation with tidal cycles. Seasonal and diel spawning periods were directly correlated with increases in the rate, intensity, and variety of white seabass sounds; this correlation may indicate that sounds function to enhance reproductive success. These findings can be extended to further develop seasonal fishery regulations and to better comprehend the role of sound in the reproduction of sound-producing fishes.

The ecology of Atlantic white cedar wetlands: a community profile

This monograph on the ecology of Atlantic white cedar wetlands is one of a series of U.S. Fish and Wildlife Service profiles of important freshwater wetland ecosystems of the United States. The purpose of the profile is to describe the extent, components, functioning, history, and treatment of these wetlands. It is intended to provide a useful reference to relevant scientific information and a synthesis of the available literature. The world range of Atlantic white cedar (Chamaecyparis thyoides) is limited to a ribbon of freshwater wetlands within 200 km of the Atlantic and Gulf coasts of the United States, extending from mid-Maine to mid-Florida and Mississippi. Often in inaccessible sites and difficult to traverse, cedar wetlands contain distinctive suites of plant species. Highly valued as commercial timber since the early days of European colonization of the continent, the cedar and its habitat are rapidly disappearing. This profile describes the Atlantic white cedar and the bogs and swamps it dominates or codominates throughout its range, discussing interrelationships with other habitats, putative origins and migration patterns, substrate biogeochemistry, associated plant and animal species (with attention to those that are rare, endangered, or threatened regionally or nationally), and impacts of both natural and anthropogenic disturbance. Research needs for each area are outlined. Chapters are devoted to the practices and problems of harvest and management, and to an examination of a large preserve recently acquired by the USFWS, the Alligator River National Wildlife Refuge in North Carolina.

Toward identification of larval sailfish (Istiophorus platypterus), white marlin (Tetrapturus albidus), and blue marlin (Makaira nigricans) in the western North Atlantic Ocean*

The identification of larval istiophorid billfishes from the western North Atlantic Ocean has long been problematic. In the present study, a molecular technique was used to positively identify 27 larval white marlin (Tetrapturus albidus), 96 larval blue marlin (Makaira nigricans), and 591 larval sailfish (Istiophorus platypterus) from the Straits of Florida and the Bahamas. Nine morphometric measurements were taken for a subset of larvae (species known), and lower jaw pigment patterns were recorded on a grid. Canonical variates analysis (CVA) was used to reveal the extent to which the combination of morphometric, pigment pattern, and month of capture information was diagnostic to species level. Linear regression revealed species-specific relationships between the ratio of snout length to eye orbit diameter and standard length (SL). Confidence limits about these relationships served as defining characters for sailfish >10 mm SL and for blue and white marlin >17 mm SL. Pigment pattern analysis indicated that 40% of the preflexion blue marlin examined possessed a characteristic lower jaw pigment pattern and that 62% of sailfish larvae were identifiable by lower jaw pigments alone. An identification key was constructed based on pigment patterns, month of capture, and relationships between SL and the ratio of snout length to eye orbit diameter. The key yielded identifications for 69.4% of 304 (blind sample) larvae used to test it; only one of these identifications was incorrect. Of the 93 larvae that could not be identified by the key, 71 (76.3%) were correctly identified with CVA. Although identif ication of certain larval specimens may always require molecular techniques, it is encouraging that the majority (92.4%) of istiophorid larvae examined were ultimately identifiable from external characteristics alone.

Movements and spawning of white marlin (Tetrapturus albidus) and blue marlin (Makaira nigricans) off Punta Cana, Dominican Republic

With a focus on white marlin (Tetrapturus albidus), a concurrent electronic tagging and larval sampling effort was conducted in the vicinity of Mona Passage (off southeast Hispaniola), Dominican Republic, during April and May 2003. Objectives were 1) to characterize the horizontal and vertical movement of adults captured from the area by using pop-up satellite archival tags (PSATs); and 2) by means of larval sampling, to investigate whether fish were reproducing. Trolling from a sportfishing vessel yielded eight adult white marlin and one blue marlin (Makaira nigricans); PSAT tags were deployed on all but one of these individuals. The exception was a female white marlin that was unsuitable for tagging because of injury; the reproductive state of its ovaries was examined histologically. Seven of the PSATs reported data summaries for water depth, temperature, and light levels measured every minute for periods ranging from 28 to 40 days. Displacement of marlin from the location of release to the point of tag pop-up ranged from 3l.6 to 267.7 nautical miles (nmi) and a mean displacement was 3.4 nmi per day for white marlin. White and blue marlin mean daily displacements appeared constrained compared to the results of other marlin PSAT tagging studies. White marlin ovarian sections contained postovulatory follicles and final maturation-stage oocytes, which indicated recent and imminent spawning. Neuston tows (n=23) yielded 18 istiophorid larvae: eight were white marlin, four were blue marlin, and six could not be identified to species. We speculate that the constrained movement patterns of adults may be linked to reproductive activity for both marlin species, and, if true, these movement patterns may have several implications for management. Protection of the potentially important white marlin spawning ground near Mona Passage seems warranted, at least until further studies can be conducted on the temporal and spatial extent of reproduction and associated adult movement.

Bioconversion efficiency and growth in the white shrimp Penaeus indicus (Milne Edwards), fed with decomposed mangrove leaves

Food conversion efficiency and growth in the white shrimp Penaeus indicus fed with decomposed mangrove leaves of Avicennia marina and A. officinalis were monitored under laboratory conditions. It was observed that test animals fed with the decomposed leaves of A. marina had higher assimilation efficiency (87.96%), gross growth efficiency (10.82%), net growth efficiency (12.3%) and relative growth rate (0.0603 g/day) than those fed with A. officinalis. The relatively higher growth registered in the animals fed with decomposed leaves of A. marina was attributed to its high calorific and protein content.