Conceptualizing design

Companies are becoming increasingly dependent on the productivity of their knowledge workers in comparison to manual workers (Ramírez and Nembhard 2004, p.602). Practitioners, researchers or commentators do not consistently conceptualize design (Love 2000, p.295; Pugh 1990, p.65). There is a need to not only rethink design processes and practices but also to re-consider design conceptualization that underpins processes and practices. The aim is to develop a clear understanding of design as conceptualized in the literatures from construction design, design management, design productivity, design practices and the process of design. The objective is to review how researchers have conceptualized design.

Understanding unconscionability in proprietary estoppel

In a series of recent cases, courts have reasserted unconscionability as the basis of proprietary estoppel and in doing so have moved away from the structured form of discretion envisaged in the classic Taylors Fashions formula. In light of these developments, this paper traces the use of unconscionability in estoppel and examines the changing role attributed to the concept. In a parallel development, in exercising their remedial discretion once a claim to estoppel has been established, the courts have emphasised the foundation of estoppel in unconscionability to assert the need for proportionality between the detriment and remedy as ‘the most essential requirement’. Collectively, the cases demonstrate a lack of transparency or consistency, which raises concerns that the courts are descending into a form of individualised discretion. These developments are of particular concern as they come at a time when commentators are predicting a ‘boom’ in estoppel to follow the introduction of electronic conveyancing.

Impegno nero: Italian intellectuals and the African-American struggle

In the aftermath of the Second World War, Italian intellectuals participated in Italy’s reconstruction with an ideological commitment inspired by the African-American struggle for equal rights in the United States. Drawing on the work of many of the leading figures in postwar Italian culture, including Italo Calvino, Giorgio Caproni, Cesare Pavese, and Elio Vittorini, this essay argues that Italian intellectual impegno—defined as the effort to remake Italian culture and to guide Italian social reform—was united with a significant investment in the African-American cause. The author terms this tendency impegno nero and traces its development in the critical reception of African-American writers including W.E.B. DuBois, Langston Hughes, and Richard Wright. Postwar impegno nero is then contrasted with the treatment of African-American themes under Fascism, when commentators had likewise condemned American racism, but had paradoxically linked their laments for the plight of African Americans with defenses of the racial policies of the Fascist regime. Indeed, Fascist colonialism and anti-Semitism were both justified through references to what Fascist intellectuals believed to be America’s greater injustices. After 1945, in contrast, Italian intellectuals advocated an international, interdependent campaign for justice, symbolizing national reforms by projecting them onto an emblematic America. In this way, impegno nero revived and revised the celebrated "myth of America" that had developed in Italy between the world wars. Advancing a new, postwar myth, Italian intellectuals adopted the African-American struggle in order to reinforce their own efforts in the ongoing struggle for justice in Italy.

Income differentials and corporate performance

Purpose – This paper seeks to make the case for new research into the perceived fairness and impact of executive pay. Design/methodology/approach – The paper reviews the literature regarding executive compensation and corporate performance and examines the evidence that a more egalitarian approach to pay could be justified in terms of long-term shareholder value. Findings – There would appear to be no evidence to suggest that the growing gap between the pay of executives and that of the average employee generates long-term enterprise value, and it may even be detrimental to firms, if not the liberal capitalist consensus on which the corporate licence to operate is based. Research limitations/implications – The paper outlines a new approach to tracking income differentials with corporate performance through the development of a corporate Gini coefficient “league table”. Social implications – The proposed research is expected to point towards better practice in executive remuneration, and support the growing momentum for a sustainable and enlightened approach to business, in which the key goal is long-term enterprise value based on a fair distribution of the rewards of business. Originality/value – In producing a deeper understanding of the impact of widening income differentials, the paper should be of interest to senior executives in publicly quoted companies as well as press commentators, government officials and academics.

Should system dynamics be described as a 'hard' or 'deterministic' systems approach?

This paper explores the criticism that system dynamics is a ‘hard’ or ‘deterministic’ systems approach. This criticism is seen to have four interpretations and each is addressed from the perspectives of social theory and systems science. Firstly, system dynamics is shown to offer not prophecies but Popperian predictions. Secondly, it is shown to involve the view that system structure only partially, not fully, determines human behaviour. Thirdly, the field's assumptions are shown not to constitute a grand content theory—though its structural theory and its attachment to the notion of causality in social systems are acknowledged. Finally, system dynamics is shown to be significantly different from systems engineering. The paper concludes that such confusions have arisen partially because of limited communication at the theoretical level from within the system dynamics community but also because of imperfect command of the available literature on the part of external commentators. Improved communication on theoretical issues is encouraged, though it is observed that system dynamics will continue to justify its assumptions primarily from the point of view of practical problem solving. The answer to the question in the paper's title is therefore: on balance, no.

The Article 51 reporting requirement for self-defense actions

This article examines one legal criterion for the exercise of the right of self-defense that has been significantly overlooked by commentators: the so-called “reporting requirement.” Article 51 of the United Nations (UN) Charter provides, inter alia, that “[m]easures taken by members in the exercise of this right of self-defense shall be immediately reported to the Security Council.” Although the requirement to report all self-defense actions to the Council is clearly set out in Article 51, the Charter offers no further guidance with regard to this obligation. Reference to the practice of states since the UN’s inception in 1945 is therefore essential to understanding the scope and nature of the reporting requirement. As such, this article is underpinned by an extensive original dataset of reporting practice covering the period from January 1, 1998 to December 31, 2013. We know from Article 51 that states “shall” report, but do they, and—if so—in what manner? What are the various implications of reporting, of failing to report, and of the way in which states report? How are reports used, and by whom? Most importantly, this article questions the ultimate value of states reporting their self-defense actions to the Security Council in modern interstate relations.

Resilience as transformative capacity: exploring the quadripartite cycle of structuration in a Mozambican resettlement programme

The concept of resilience has emerged out of a complex literature that has sought to make sense of an increasingly interconnected world that appears ever more beset by crises. Resilience’s appeal is reflected by the burgeoning mass of literature that has appeared on the subject in the past five years. However, there is ongoing debate surrounding its usage, with some commentators claiming that the term is inherently too conservative a one to be usefully applied to situations of vulnerability in which more radical social change is required. This article extends existing efforts to formulate more transformative notions of resilience by reframing it as a double-edged outcome of the pre-reflective and critical ways in which actors draw upon their internal structures following the occurrence of a negative event, thus reproducing or changing the external structural context that gave rise to the event in the first place. By employing a structuration-inspired analysis to the study of small-scale farmer responses to a flood-induced resettlement programme in central Mozambique, the article presents a systematic approach to the examination of resilience in light of this reframing. The case study findings suggest that more attention should be paid to the facilitative, as well as constraining, nature of structures if vulnerable populations are to be assisted in their efforts to exert transformative capacity over the wider conditions that give rise to their difficulties.

A reappraisal of Baskerville's Greek types

Ιn the eighteenth century the printing of Greek texts continued to be central to scholarship and discourse. The typography of Greek texts could be characterised as a continuation of French models from the sixteenth century, with a gradual dilution of the complexity of ligatures and abbreviations, mostly through printers in the Low Countries. In Britain, Greek printing was dominated by the university presses, which reproduced conservatively the continental models – exemplified by Oxford's Fell types, which were Dutch adaptations of earlier French models. Hindsight allows us to identify a meaningful development in the Greek types cut by Alexander Wilson for the Foulis Press in Glasgow, but we can argue that in the middle of the eighteenth century Baskerville was considering Greek printing the typographic environment was ripe for a new style of Greek types. The opportunity to cut the types for a New Testament (in an twin edition that included a generous octavo and a large quarto version) would seem perfect for showcasing Baskerville's capacity for innovation. His Greek type maintained the cursive ductus of earlier models, but abandoned complex ligatures and any hint of scribal flourish. He homogenised the modulation of the letter strokes and the treatment of terminals, and normalised the horizontal alignments of all letters. Although the strokes are in some letters too delicate, the narrow set of the style composes a consistent, uniform texture that is a clean break from contemporaneous models. The argument is made that this is the first Greek typeface that can be described as fully typographic in the context of the technology of the time. It sets a pattern that was to be followed, without acknowledgement, by Richard Porson nearly a century and a half later. The typeface received little praise by typographic historians, and was condemned by Victor Scholderer in his retrospective of Greek typography. A survey of typeface reviews in the surrounding decades establishes that the commentators were mostly reproducing the views of an arbitrary typographic orthodoxy, for which only types with direct references to Renaissance models were acceptable. In these comments we detect a bias against someone considered an arriviste in the scholarly printing establishment, as well as a conservative attitude to typographic innovation.

Brexit or Bremain? Future options for UK agricultural policy and the CAP

The outcome of the UK’s referendum on continued EU membership is at the time of writing uncertain, and the consequences of a vote to remain (‘Bremain’) or leave (‘Brexit’) difficult to predict. Polarised views have been voiced about the impact of Brexit on UK agriculture, and on the nature and level of funding, of future policy. Policymakers would not have the luxury of devising a new policy from scratch. WTO rules and commitments, the nature of any future accord with the EU, budget constraints, the rather different perspectives of the UK’s devolved administrations in Scotland, Wales and Northern Ireland, and the expectations of farmers, landowners and the environmental lobby, will all impact the policymaking process. The WTO dimension, and the UK’s future relationship with the EU, are particularly difficult to predict, and – some commentators believe – may take years to resolve. Brexit’s impact on the future CAP is also unclear. A vote to remain within the EU would not necessarily assuage the Eurosceptics’ criticisms of the EU, or the UK’s perception of the CAP. Whatever the outcome, future agricultural, food and rural land use policies will remain key preoccupations of European governments.

As desventuras do duty to mitigate the loss no Brasil : nascimento (e morte) de um brocardo

Primeiramente, o trabalho descreve sinteticamente a tradição common law, inserindo o o duty to mitigate the loss em contexto próprio. Então, traça as linhas gerais que, naquele cenário, conformam o instituto. Atenção é dada aos fundamentos do duty to mitigate the loss e às funções por ele desempenhadas, inclusive nos casos subordinados à United Nations Convention on Contracts for the International Sale of Goods (CISG). No contexto próprio, o duty to mitigate the loss tem por fundamento primeiro a causation e funciona como um limitador do quantum indenizatório; não trata de um “dever”; cabe ao demandante; tem na razoabilidade das medidas mitigadoras e no reembolso das despesas incorridas características essenciais. Em segundo lugar, a dissertação investiga o duty to mitigate the loss no Brasil, a partir da doutrina selecionada e de decisões do Superior Tribunal de Justiça e de diversos tribunais estaduais. As pesquisas demonstram que o duty to mitigate the loss, sob o nome de mitigation doctrine, ingressou no Brasil pela doutrina, mas desta forma repercutiu pouco nos tribunais. Desprovido desta influência doutrinária anterior, o duty to mitigate the loss retornou ao Brasil por meio de enunciado do Conselho da Justiça Federal, proposto em documento cujo conteúdo é objeto de reflexões neste trabalho, notadamente na questão da íntima relação entre o duty to mitigate the loss e a boa-fé objetiva. A partir do leading case no Superior Tribunal de Justiça, que adotou o enunciado e o documento que lhe serviu de proposta, o duty to mitigate the loss expandiu rapidamente no Brasil. Em São Paulo, foi alçado à princípio e brocardo. No Superior Tribunal e Justiça, foi considerado sub-princípio da boa-fé e aplicado em questões adjetivas e substantivas criminais. Comparativamente, o duty to mitigate the loss no Brasil guarda remotas semelhanças ao instituto homônimo da common law. Este trabalho aponta as diferenças entre os intitutos e concluí com a sistematização das funções que o duty to mitigate the loss desempenha no Brasil, formulando proposta para a reedição de enunciado do Conselho da Justiça Federal.

Corpo e aprendizagem em Boris Cyrulnik e em Merleau-Ponty

This research seeks to identify views of the body and learning the authors Boris Cyrulnik and Merleau - Ponty, thus tracing reflective for the educational field in several areas, with emphasis on physical education paths . We notice that the above authors present a wide collection of books, needing to develop this theoretical construct a limitation in their works. Therefore , on the theme of the body , were used mainly books The Sixth Sense , Boris Cyrulnik and Phenomenology of Perception , Merleau- Ponty , as both present in their organizational context a specific chapter on this subject . The phenomenological approach is included as path to be taken to devise this study because it is based on daily reflections that the human being perceives through his experiences with his peers and mainstream culture. The phenomenological reduction was carried out from the readings and interpretations of texts, writers and commentators, as well as approaching with life aspects of experience as a police officer and professor of ethics. The interpretation points to the understanding of body and learning that can be propagated within the Physical Education and as a way to understand and learn the constructs lived through sensitivity. The design of the body, feelings and affections of Boris Cyrulnik firm the empathetic bonds between human beings, bringing confidence to explore the world, learning through the new link with the other. This notion is close to the notion of expressive body Merleau Ponty, who holds intentions in their gestures (movements), entwining in time and space. Boris Cyrulnik and Merleau-Ponty expressed as the human being is enigmatic, lying embedded in a social and cultural world, so the experiences to traçarem existential trajetória and learning need in order to enaltercer freedom of expression as a mechanism that can be deployed in the appropriation of concepts and the criticality of the subject facing widespread theories (biological, social, anthropological , etc.) . From the reflections of the research is that recomneda Physical Education , as epistemological working area apprenticeships stemmed body movements should enable reflection on their practice, other do be done, but enabling the creation of different senses and meanings each body attitude

O sintoma na psicanálise e na psicopedagogia: do que se trata?

This paper aims to discuss the concept of symptom in psychopedagogy and psychoanalysis, drawing the consequences for the direction of treatment for each of these fields. Learning Problems has been the name given by various fields of knowledge to what does not happen as expected in the learning process. To address these problems several professionals are called upon. Faced with this demand a new field of knowledge is created: the psycho-pedagogy. In Brazil, it is established as a field of work and research from the contributions of Alicia Fernández. This author, supported by the work of French philosopher and educator Sara Paín, takes the concept of Freudian-Lacanian symptom as a fundamental concept to read the so-called "learning problems". Given this one must question whether the concept of symptom Fernandez is really the same as psychoanalysis. Are they the same? If yes, how to sustain as different fields? If not, what are consequences for the direction of treatment for each of these fields? For this study, the theoretical works of Alicia Fernández and Sara Pain were read aiming to clarify the concept of symptom in psychopedagogy. To discuss the psychoanalytic concept of symptom we turned to the texts of Freud, Lacan and commentators in which this issue is discussed. The results show that Pain and Fernandez seek psychoanalysis as a theory to be coupled with others to solve the learning problems. The concept of symptom as a return of the repressed and as an indicator of a sense to be found in the history of the subject is similar to the psychoanalytical one, however, in psychopedagogy other fields of knowledge and techniques are used as reference and these are sometimes incompatible with the concept of symptom presented. The use of psychological tests for the diagnosis, the idea of transference without the notion of subject supposed to know and the proposed treatment are indications of a different treatment approach from what the ethics of psychoanalysis proposes

A questão do estilo na psicanálise lacaniana

Lacanian psychoanalysis has won a considerable space in brazilian university: a search for Lacan in the field of subject of the CAPES Thesis Bank shows 1.032 results! However the difference in the style of knowledge production and language usage is considerable between academic psychology and lacanian theory. The difficulty in reading and understanding Lacan is something pointed out by supporters and critics alike. In addition to that, his disciples choose many times to imitate his baroque, complex style, full of neologisms, causing perplexity in many unprepared audiences. What is the origin of such an enigmatic and polemic style of expression? How it became so widespread under the sign of repetition? And which are the consequences of this style to the communication, transmission and teaching of lacanian psychoanalysis? Through these questions it is our goal to contribute to the dialogue between lacanian psychoanalysis and the academy, to provide a better understanding of the causes of this style, analyzing the consequences it has to the transmission of psychoanalysis. We chose to perform a theoretical study, using authors that have treated Lacan s style and the history of psychoanalysis from a critical point of view, like Beividas (2000), Roustang (1987, 1988) and Gellner (1988), and also those that have defended and justified its legitimacy, like Glynos e Stavrakakis (2001), Fink (1997) and Souza (1985), using as well some works by Freud and Lacan. The study of these texts has led us to three main themes: 1) the difficulty of the lacanian text; 2) Lacan, heir of Freud; 3) consequences of the lacanian style. In the first one, we enumerate many different explanations and interpretations given by commentators about the difficulty and particularity of the lacanian discourse; in the second, we show how Lacan came to occupy the place of great idealization that was before destined to Freud, what made his style something to be taken as a model, to be imitated by disciples; in the third, we explore the way in which the concepts are treated in lacanian psychoanalysis, arguing that their multiple meanings point out that the final goal is not to build a clear and coherent theory, but to try to aim directly at the subject, to catch him

Filosofia e paradigma em Cícero

Cícero é uma das poucas fontes críticas de textos do pensamento helenístico durante o período da Roma republicana. Ele atualiza a filosofia grega e, concomitantemente, reconhece a superioridade do direito romano. O espírito prático e guerreiro do povo romano afastava a filosofia, mas a emergência de novos problemas exigia reflexão. Nas disputas políticas e jurídicas, a retórica era um instrumento indispensável. O reaparecimento de estudos retóricos no século XX permitiu que alguns comentadores reconsiderassem a relação entre a retórica e a filosofia, propiciando algumas reflexões sobre o papel de Cícero na historiografia da filosofia.

Nietzsche filósofo da educação: vontade de potência e educação

Pós-graduação em Educação - FFC