Normal e patológico: leituras contemporâneas

O objetivo do trabalho é investigar as teses conceituais contemporâneas sobre o normal e o patológico em medicina. Após a célebre tese de Georges Canguilhem sobre o tema e sobretudo a partir da década de 1970, a filosofia da medicina anglo-saxônica ofereceu importantes contribuições para o debate. Analisamos principalmente as teses de Christopher Boorse e Lennart Nordenfelt, autores que compartilham com Canguilhem a convicção de que a análise filosófica pode contribuir para o esclarecimento dos conceitos médicos. O primeiro é apontado na literatura como naturalista e o segundo como normativista, polarização apresentada na literatura anglo-saxônica contemporânea que reflete o debate sobre a descrição da saúde e da doença como fenômenos naturais ou como estados determinados por valores antropomórficos. Vemos que, para distinguir o normal do patológico, os autores contemporâneos naturalistas fazem uso dos critérios de função biológica e tipo biológico e os autores normativistas falam em função social e tipos ideais. Problematizamos estes conceitos usando o referencial da filosofia da biologia e dos estudos da deficiência, respectivamente, e notamos que as definições propostas pelos filósofos da medicina merecem ser refinadas.

Motivação e discricionariedade: as razões de decidir e o contraditório como elementos legitimadores da atuação judicial

O objetivo do presente trabalho é demonstrar que uma releitura dos princípios do contraditório e do dever de motivar as decisões judiciais, sob a ótica da maior participação dos jurisdicionados, tem o condão de alcançar a esperada legitimidade democrática da atuação judicial. Para tanto, antes de adentrar ao cerne da questão, buscou-se analisar ordenamentos de tradições jurídicas distintas, civil law e common law, a fim de delinear as perspectivas que referidos sistemas enxergavam o dever de motivar a decisão judicial. O estudo convergiu para o momento atual do direito, iniciado na segunda metade do séc. XX com o movimento de constitucionalização e, consequentemente, judicialização dos direitos. Uma das maiores críticas ao momento vivido é o amplo espaço interpretativo do juiz, abrindo as portas para a discricionariedade, o que foi combatido e rechaçado tendo como parâmetro as origens do instituto. Passado referido ponto, discutiu-se sobre as evoluções e novas tendências que circundam os princípios do contraditório e do dever de motivar, cuja finalidade foi demonstrar a estreita conexão entre as normas. Conclusão inexorável foi que ambos compõem a base das garantias processuais que legitimam a atuação judicial democrática. Por fim, procurou-se tecer alguns comentários sobre os equívocos cometidos na interpretação do princípio do convencimento judicial, e como essa perspectiva pode ser alterada com as diretivas presentes no projeto do novo Código de Processo Civil, haja vista que suas previsões abraçam boa parte das ideias debatidas no presente trabalho.

The Felon and the Angel Copier: Criminal Identity and the Promise of Photography in Victorian England and Wales

Ireland Richard, 'The Felon and the Angel Copier: Criminal Identity and the Promise of Photography in Victorian England and Wales', In: Policing and War in Europe, Criminal Justice History, (Westport, CT, Greenwood Press), volume 16, pp.53-86, 2002 RAE2008

Prawa człowieka w kontekstach kulturowych

The power of human rights idea and its expansion are connected with the experience of so far unprecedented pain and cruelty caused by man to man during the Second World War. Doctrine of legal positivism strenghtened totalitarian systems. One of the essential goals that were set by totalitarian systems was ethnic cleansing within both one’s and subjugated communities. To achieve this goal, concentration camps were established. This Second World War’s events gave raise to a question: does the common morality of the whole mankind exist? The Nuremberg Trials based on conviction that this common morality of the whole mankind exists. In this lawsuits Nazis were on trials for mass murder and crimes against humanity despite the fact that this crimes did not exist as a criminal offences in international law of that time. Lawyers of Nazis argued that their clients should not have been on trials for crimes against humanity because the rule “lex retro non agit” (“the law does not operate retroactively”) should have been in force. International Military Tribunal dismissed this argument – it was stated they tried Nazis are responsible for acts resulting from breach of the natural law. Therefore, the primacy of natural law over civil law (was approved and they admitted that morality and law are essential components of international reality. Since The Nuremberg Trials, the process of making international relations more ethical proceeded consistently through positivisationi.e. introducing human rights ideas to civil law (this issue is included in the Part I of the book: Positivisation of human rights idea). In this way, contemporary human rights as civil law arose, established on the basis of international agreement. Using them in order to legitimize and validate humanitarian interventions undertaken in various parts of the world became the common standard. However, positivisation of human rights idea did not mean that one common paradigm was accepted. Many interpretation of human rights arose and many new human rights formed in concrete cultures. It gives raise to a question about validity of interventions especially in the context of cultural differences in various parts of the world that influence perception, understanding and interpretation of human rights (this issues are discussed in Part II of this book). At present human rights are not only relativized to cultural contexts but undergo semantic changes as a result of globalisation process as well (Part II of the book: Human rights idea vs globalisation). Moreover, the propositions of establishing institutions and global structures that would strengthen human rights idea appear, interalia new propositions of citizenship defining (ujmowanie jako definiowanie)in response to a decreasing role and significance of nation states in the age of globalization. The idea of human rights dominated present-day law, culture and daily life both in local and global dimension. Human rights issue became essential for philosophy, especially political philosophy.

Dyskurs pedagogiczny w kształceniu początkowym nauczycieli języków obcych

Wydział Neofilologii: Instytut Filologii Romańskiej

Filozofia antyczna wobec problemu interpretacji. Rozwój alegorezy od przedsokratyków do Arystotelesa

The present work examines the beginnings of ancient hermeneutics. More specifically, it discusses the connection between the rise of the practice of allegoresis, on the one hand, and the emergence of the first theory of figurative language, on the other. Thus, this book investigates the specific historical and cultural circumstances that enabled the ancient Greeks not only to discover the possibility of allegorical interpretation, but also to treat figurative language as a philosophical problem. By posing difficulties in understanding the enigmatic sense of various esoteric doctrines, poems, oracles and riddles, figurative language created the context for theoretical reflection on the meaning of these “messages”. Hence, ancient interpreters began to ponder over the nature and functions of figurative (“enigmatic”) language as well as over the techniques of its proper use and interpretation. Although the practice of allegorical interpretation was closely linked to the development of the whole of ancient philosophy, the present work covers only the period from the 6th to the 4th century B.C. It concentrates, then, on the philosophical and cultural consequences of allegoresis in the classical age. The main thesis advocated here has it that the ancient Greeks were in-clined to regard allegory as a cognitive problem rather than merely as a stylistic or a literary one. When searching for the hidden meanings of various esoteric doc-trines, poems, oracles and riddles, ancient interpreters of these “messages” assumed allegory to be the only tool suitable for articulating certain matters. In other words, it was their belief that the use of figurative language resulted from the necessity of expressing things that were otherwise inexpressible. The present work has been organized in the following manner. The first part contains historical and philological discussions that provide the point of departure for more philosophical considerations. This part consists of two introductory chapters. Chapter one situates the practice of allegorical interpretation at the borderline of two different traditions: the rhetorical-grammatical and the hermeneutical. In order to clearly differentiate between the two, chapter one distinguishes between allegory and allegoresis, on the one hand, and allegoresis and exegesis, on the other. While pointing to the conventionality (and even arbitrariness) of such distinctions, the chapter argues, nevertheless, for their heuristic usefulness. The remaining part of chapter one focuses on a historical and philological reconstruction of the most important conceptual tools of ancient hermeneutics. Discussing the semantics of such terms as allēgoría, hypónoia, ainigma and symbolon proves important for at least two crucial reasons. Firstly, it reveals the mutual affinity between allegoresis and divination, i.e., practices that are inherently connected with the need to discover the latent meaning of the “message” in question (whether poem or oracle). Secondly, these philological analyses bring to light the specificity of the ancient understanding of such concepts as allegory or symbol. It goes without saying that antiquity employed these terms in a manner quite disparate from modernity. Chapter one concludes with a discussion of ancient views on the cognitive value of figurative (“enigmatic”) language. Chapter two focuses on the role that allegoresis played in the process of transforming mythos into logos. It is suggested here that it was the practice of allegorical interpretation that made it possible to preserve the traditional myths as an important point of reference for the whole of ancient philosophy. Thus, chapter two argues that the existence of a clear opposition between mythos into logos in Preplatonic philosophy is highly questionable in light of the indisputable fact that the Presocratics, Sophists and Cynics were profoundly convinced about the cognitive value of mythos (this conviction was also shared by Plato and Aristotle, but their attitude towards myth was more complex). Consequently, chapter two argues that in Preplatonic philosophy, myth played a function analogous to the concepts discussed in chapter one (i.e., hidden meanings, enigmas and symbols), for in all these cases, ancient interpreters found tools for conveying issues that were otherwise difficult to convey. Chapter two concludes with a classification of various types of allegoresis. Whilst chapters one and two serve as a historical and philological introduction, the second part of this book concentrates on the close relationship between the development of allegoresis, on the one hand, and the flowering of philosophy, on the other. Thus, chapter three discusses the crucial role that allegorical interpretation came to play in Preplatonic philosophy, chapter four deals with Plato’s highly complex and ambivalent attitude to allegoresis, and chapter five has been devoted to Aristotle’s original approach to the practice of allegorical interpretation. It is evident that allegoresis was of paramount importance for the ancient thinkers, irrespective of whether they would value it positively (Preplatonic philosophers and Aristotle) or negatively (Plato). Beginning with the 6th century B.C., the ancient practice of allegorical interpretation is motivated by two distinct interests. On the one hand, the practice of allegorical interpretation reflects the more or less “conservative” attachment to the authority of the poet (whether Homer, Hesiod or Orpheus). The purpose of this apologetic allegoresis is to exonerate poetry from the charges leveled at it by the first philosophers and, though to a lesser degree, historians. Generally, these allegorists seek to save the traditional paideia that builds on the works of the poets. On the other hand, the practice of allegorical interpretation reflects also the more or less “progressive” desire to make original use of the authority of the poet (whether Homer, Hesiod or Orpheus) so as to promote a given philosophical doctrine. The objective of this instrumental allegoresis is to exculpate philosophy from the accusations brought against it by the more conservative circles. Needless to say, these allegorists significantly contribute to the process of the gradual replacing of the mythical view of the world with its more philosophical explanation. The present book suggests that it is the philosophy of Aristotle that should be regarded as a sort of acme in the development of ancient hermeneutics. The reasons for this are twofold. On the one hand, the Stagirite positively values the practice of allegoresis, rehabilitating, thus, the tradition of Preplatonic philosophy against Plato. And, on the other hand, Aristotle initiates the theoretical reflection on figurative (“enigmatic”) language. Hence, in Aristotle we encounter not only the practice of allegoresis, but also the theory of allegory (although the philosopher does not use the term allēgoría). With the situation being as it is, the significance of Aristotle’s work cannot be overestimated. First of all, the Stagirite introduces the concept of metaphor into the then philosophical considerations. From that moment onwards, the phenomenon of figurative language becomes an important philosophical issue. After Aristo-tle, the preponderance of thinkers would feel obliged to specify the rules for the appropriate use of figurative language and the techniques of its correct interpretation. Furthermore, Aristotle ascribes to metaphor (and to various other “excellent” sayings) the function of increasing and enhancing our knowledge. Thus, according to the Stagirite, figurative language is not only an ornamental device, but it can also have a significant explanatory power. Finally, Aristotle observes that figurative expressions cause words to become ambiguous. In this context, the philosopher notices that ambiguity can enrich the language of a poet, but it can also hinder a dialectical discussion. Accordingly, Aristotle is inclined to value polysemy either positively or negatively. Importantly, however, the Stagirite is perfectly aware of the fact that in natural languages ambiguity is unavoidable. This is why Aristotle initiates a syste-matic reflection on the phenomenon of ambiguity and distinguishes its various kinds. In Aristotle, ambiguity is, then, both a problem that needs to be identified and a tool that can help in elucidating intricate philosophical issues. This unique approach to ambiguity and figurative (“enigmatic”) language enabled Aristotle to formulate invaluable intuitions that still await appropriate recognition.

Some preliminary conjunctural thoughts on countercultures

The article is devoted to analysis of various countercultures aspects. The Author hypothesizes that the forms of contemporary politics are the result of two fundamentally interrelated strategic vectors. First is built upon a politics of ressentiment, setting “ordinary” folks against the socio‐cultural elite which constututed to the “new right” movement. Second vector is originated of counterculture of the 1960s. The author states that counterculture exists without a singular identity. It is a space of hybridity and heterogenity. On the other hand counterculture is related to the concept of contemporary ambivalence as well it transforms of affective experience of everyday life. Another feature of counterculture is connected with the conviction that counterculture stands against of dominant culture. Also the author puts counterculture movements against various aspects of new american modernity including reconstruction of the practice of the hegemony, as well as through popular culture and reconstruction of the „left” and „right” idelogy and practice.

Letter to Ruth Merritt 11/10/1818

Handwritten letter from Timothy Merritt to sister (?) Ruth Merritt regarding her loss of religious conviction. Dated Nov. 10, 1818.

Les derniers écueils vers la parité aux élections régionales en Belgique

La Belgique impose depuis les années 2000 la parité femmes-hommes sur les listes de candidats pour les élections aux différents niveaux de pouvoir (local, régional, fédéral et européen). Cette obligation a accru la féminisation des assemblées pour atteindre entre un quart et un tiers d’élues. Le progrès est donc réel mais la stricte parité reste éloignée. Cet article s’interroge sur les raisons de ce « plafond de verre ». Elles sont à chercher dans la réticence des partis à accorder les premières places sur les listes à des candidates, et encore plus à placer une femme en première position. Dans un scrutin proportionnel de listes semi-ouvertes, la part d’élues s’en trouve automatiquement réduite, surtout lorsque la magnitude des circonscriptions est faible. Parmi les motivations de ces réticences à la parité l’une des plus importantes est la conviction que les candidates seraient de moins bonnes « locomotives électorales » que leurs homologues masculins. Pourtant, et cet article le démontre, ces craintes ne résistent pas à l’épreuve des faits. Une analyse détaillée des résultats électoraux en Belgique montre bien que les femmes ne réalisent pas de moins bonnes performances électorales que les hommes lorsqu’elles sont placées en tête de liste.

Presbyterians and science in the north of Ireland before 1874

In his presidential address to the Belfast meeting of the British Association for the Advancement of Science in 1874, John Tyndall launched what David Livingstone has called a ‘frontal assault on teleology and Christian theism’. Using Tyndall's intervention as a starting point, this paper seeks to understand the attitudes of Presbyterians in the north of Ireland to science in the first three-quarters of the nineteenth century. The first section outlines some background, including the attitude of Presbyterians to science in the eighteenth century, the development of educational facilities in Ireland for the training of Presbyterian ministers, and the specific cultural and political circumstances in Ireland that influenced Presbyterian responses to science more generally. The next two sections examine two specific applications by Irish Presbyterians of the term ‘science’: first, the emergence of a distinctive Presbyterian theology of nature and the application of inductive scientific methodology to the study of theology, and second, the Presbyterian conviction that mind had ascendancy over matter which underpinned their commitment to the development of a science of the mind. The final two sections examine, in turn, the relationship between science and an eschatological reading of the signs of the times, and attitudes to Darwinian evolution in the fifteen years between the publication of The Origin of Species in 1859 and Tyndall's speech in 1874.

Troubled Geographies: A Spatial History of Religion and Society in Ireland

Ireland’s landscape is marked by fault lines of religious, ethnic, and political identity that have shaped its troubled history. Troubled Geographies maps this history by detailing the patterns of change in Ireland from 16th century attempts to “plant” areas of Ireland with loyal English Protestants to defend against threats posed by indigenous Catholics, through the violence of the latter part of the 20th century and the rise of the “Celtic Tiger.” The book is concerned with how a geography laid down in the 16th and 17th centuries led to an amalgam based on religious belief, ethnic/national identity, and political conviction that continues to shape the geographies of modern Ireland. Troubled Geographies shows how changes in religious affiliation, identity, and territoriality have impacted Irish society during this period. It explores the response of society in general and religion in particular to major cultural shocks such as the Famine and to long term processes such as urbanization.

Political Discourse and Conflict Resolution:Debating peace in Northern Ireland

This book offers new insights into the close relationship between political discourses and conflict resolution through critical analysis of the role of discursive change in a peace process.

Just as a peace process has many dimensions and stakeholders, so the discourses considered here come from a wide range of sources and actors. The book contains in-depth analyses of official discourses used to present the peace process, the discourses of political party leaders engaging (or otherwise) with it, the discourses of community-level activists responding to it, and the discourses of the media and the academy commenting on it. These discourses reflect varying levels of support for the peace process – from obstruction to promotion – and the role of language in moving across this spectrum according to issue and occasion. Common to all these analyses is the conviction that the language used by political protagonists and cultural stakeholders has a profound effect on progression towards peace.

Bringing together leading experts on Northern Ireland’s peace process from a range of academic disciplines, including political science, sociology, linguistics, history, geography, law, and peace studies, this book offers new insights into the discursive dynamics of violent political conflict and its resolution.

Primum non nocere, czyli uwagi warsztatowe

Primum non nocere or comments on the workshop: a case study This article provides a detailed analysis of the Polish translation of a manual of homiletics against the background of the broader question regarding the translator’s workshop. The various translational solutions are subsequently discussed in sections devoted to grammatical and lexical errors, metaphorical and terminological incoherence, and collocational and stylistic errors. It is suggested that the deficient workshop of the translator manifested in numerous errors, chiefly attributable to insufficient understanding of the source language by the translator, may correspond to the quasi-theological conviction according to which the crucial characteristic of the translator is the passion rather than linguistic competence. The article ends with the appeal to translators of various texts – not just theological ones – to observe the ancient principle of primum non nocere in order to ensure the acceptable quality of their works.

Decadence in the Forest: Smyth's Der Wald in its Critical Context

Ethel Smyth’s opera, Der Wald, met with mixed reactions at its premiere in Berlin in 1902. Many factors contributed to this, not least, as Smyth herself observed, anti-British sentiment in Germany following the second Boer War. One might have expected that the reception of the opera at its British premiere on 18 July at Covent Garden might have been more positive, but even here critical opinion was divided. Even positive reviews were not free from gender discrimination, and other reviews condemned the opera for being too German or Wagnerian. What was meant by ‘Wagnerian’? This article answers the question in three ways. Firstly, I argue that ‘Wagnerian’ meant not a leitmotif-filled, through-composed work (as distinct from a number opera), but simply a lyrical drama; for British audiences the model for this was Tannhäuser or Lohengrin, not the Ring or Tristan. Secondly, taking this definition on board, I analyse the musical language of the opera, in particular the key structure. The central duet sung by the doomed lovers, Heinrich and Röschen, is in F major, almost the furthest possible distance from the home key of the opera (E major), which characterizes the forest and ‘nature’ in general; by contrast, the next scene, where the Kundry-like Iolanthe attempts to seduce Heinrich (a crucial reversal of the more conventional power relations of the love duet), sees a return to the home key. Thirdly, I set the hermeneutical implications of this reversal in the context of the decadent movement, with which late nineteenth-century Wagnerism was associated, and which, following the conviction of Oscar Wilde in 1895, was discredited. Der Wald thus failed because of its ‘guilt by association’ with an aesthetic that had fallen into disrepute.

Putting a Price on Prisoner Release: The History of Bail and the Future of Parole

In this article, we argue that the history of bail foretells the future of parole. Under a plancalled the Conditional Post-Conviction Release Bond Act (recently passed into law inthree states), US prisoners can secure early release only after posting ‘post-convictionbail’. As with pre-trial bail, the fledgling model would require prisoners to pay a percent-age of the bail amount to secure their release under the contractual responsibility of acommercial bail agency. If release conditions are breached, bounty hunters are legallyempowered to seize and return the parolee to prison. Our inquiry outlines the origins of this post-conviction bond plan and the research upon which it is based. Drawing on the‘new penology’ framework, we identify several underlying factors that make for a ripeadvocacy environment and set the stage for widespread state-level adoption of this planin the near future. Post-conviction bail fits squarely within the growing policy trendstoward privatization, managerialism, and actuarial justice. Most importantly, though,advocates have the benefit of precedent on their side, as most US states have longrelied on a system of commercial bail bonding and private bounty hunting to manageconditional pretrial release.