Um limite absoluto para o Direito? O princípio do dano e o problema da coação legítima

O princípio do dano, assim como elaborado por John Stuart Mill em On Liberty, é tido como elemento fundamental à afirmação do liberalismo a partir do século XIX e seu desenvolvimento rumo ao século XX. Diante das nascentes democracias européias foi afirmado como um princípio absoluto de proteção à liberdade individual contra a imposição da moralidade pela opinião pública e pelo Estado. Mill partilhava o apreço de Tocqueville pela democracia sem deixar de temer a tirania das maiorias. Inicialmente, investiga-se o lugar do princípio do dano na filosofia política milliana e as fragilidades apontadas por seus críticos. Em um segundo momento, analisa-se sua influência na defesa das liberdades civis na Inglaterra da década de 1950, especificamente com a edição do Relatório Wolfenden que defendeu a descriminalização de práticas homossexuais, bem como o debate que se lhe seguiu sobre os limites do Direito protagonizado por H.L.A. Hart. Na última parte, o objeto do estudo é o princípio do dano agora inserido em uma doutrina liberal-perfeccionista, assim como formulada por Joseph Raz em A Moralidade da Liberdade. O objetivo final é revelar a existência de incoerências internas no princípio do dano, tanto em sua versão original como nas que lhe sucederam, de modo a impedir a fixação de uma espaço imune ao Direito e à imposição da moralidade. No entanto, visto da perspectiva adequada, o fracasso na elaboração de tal princípio deve ser relativizado, eis que no seu devir o princípio do dano serviu à reflexão acerca dos limites da coerção legítima, bem como ao aprimoramento de conceitos relevantes à filosofia política como moralismo legal, paternalismo e perfeccionismo jurídicos.

Authority, Nationality, and Minorities

Prominent normative theories for accommodating minority national groups appeal to the value of national cultures and/or the psychology of group recognition. This article aims to show that an argument from political authority provides a better justification. Building on Joseph Raz's theory of authority, the article argues that members of minority national groups are disadvantaged in relation to their majority counterparts under standard democratic institutions; such institutions do not provide minority national groups with comparable access to the conditions for legitimate political authority. Constitutional arrangements for accommodating minority national groups—such as territorial self-government or power-sharing—are justified insofar as they might offset this disadvantage.

Joseph A. Schumpeter, capitalism, socialism, and democracy

This is a review of "Capitalism, socialism, and democracy", by Joseph A. Schumpeter, New York, Harper Perennial, 1942 (first Harper Colophon edition published 1975). "The public mind has by now so thoroughly grown out of humor with it as to make condemnation of capitalism and all its works a foregone conclusion – almost a requirement of the etiquette of discussion. Whatever his political preference, every writer or speaker hastens to conform to this code and to emphasize his critical attitude, his freedom from ‘complacency’, his belief in the inadequacies of capitalist achievement, his aversion to capitalist and his sympathy with anti-capitalist interests. Any other attitude is voted not only foolish but anti-social and is looked upon as an indication of immoral servitude." We might easily mistake this for a voice weary of contemplating the implications for neo-liberal nostrums of our current global financial crisis were it not for the rather formal, slightly arch, style and the gender exclusive language. It was in fact penned in the depths of World War II by Harvard economist Joseph Schumpeter, who fell off the map only to re-emerge from the 1970s as oil shocks and stagflation in the west presaged the decline of the Keynesian settlement, as east Asian newly industrialising economies were modelling on his insistence that entrepreneurialism, access to credit and trade were the pillars of economic growth, and as innovation became more of a watchword for post-industrial economies in general. The second coming was perhaps affirmed when his work was dubbed by Forbes in 1983 – on the occasion of the 100th anniversary of the birth of both men – as of greater explanatory import than Keynes’. (And what of our present resurgent Keynesian moment?)...

Joseph Maiden and the national and transnational circulation of Wattle Acacia spp

During the nineteenth century and in the early years of the twentieth century wattle was circulated by botanists, botanical institutions, interested individuals, commercial seedsmen and government authorities. Wattle bark was used in the production of leather and was the subject of debate regarding its commercial development and conservation in Australia. It was also trialled in many other locations including America, New Zealand, Hawaii and Russia. In the process, South Africa became a major producer of wattle bark for a global market. At the same time wattle was also promoted as a symbol of Australian nationalism. This paper considers this movement of wattles, wattle material and wattle information by examining the career of one active agent in these botanical transfers: Joseph Maiden. In doing so it demonstrates that these seemingly different uses of the wattle overlap transnational and national spheres.

Maiden, Joseph

Joseph Henry Maiden was born in London in 1859 and sailed for Australia in 1880, where he lived for the remainder of his life. He was an ardent Australian nationalist, and like many immigrants of this time, remained proud of his British heritage. His sweetheart, Eliza Jane Hammond, followed him to Australia in 1883. They married in Kew the day after she made port in Melbourne, and together in Sydney they raised five children. [1] During the first phase of his career Maiden presided over the Technological Museum of Sydney from 1882 to 1896. In the second phase, he was the director of the Sydney Botanic Gardens from 1896 to 1924. There he managed a whole complex of parks including the Domain,Centennial Park and the Governor's residences, a state nursery at Campbelltown and a scientific institution, the National Herbarium of New South Wales, devoted to botany. A short time after his retirement, he died at his home in Turramurra in 1925...

Empire, Tourism, Nostalgia: Joseph Brodsky and Travel Writing

Joseph Brodsky, one of the most influential Russian intellectuals of the late Soviet period, was born in Leningrad in 1940, emigrated to the United States in 1972, received the Nobel Prize for Literature in 1987, and died in New York City in 1996. Brodsky was one of the leading public figures of Soviet emigration in the Cold War period, and his role as a model for the constructing of Russian cultural identities in the last years of the Soviet Union was, and still is, extremely important. One of Joseph Brodsky’s great contributions to Russian culture of the latter half of the twentieth century is the wide geographical scope of his poetic and prose works. Brodsky was not a travel writer, but he was a traveling writer who wrote a considerable number of poems and essays which relate to his trips and travels in the Soviet empire and outside it. Travel writing offered for Brodsky a discursive space for negotiating his own transculturation, while it also offered him a discursive space for making powerful statements about displacement, culture, history and geography, time and space—all major themes of his poetry. In this study of Joseph Brodsky’s travel writing I focus on his travel texts in poetry and prose, which relate to his post-1972 trips to Mexico, Brazil, Turkey, and Venice. Questions of empire, tourism, and nostalgia are foregrounded in one way or another in Brodsky’s travel writing performed in emigration. I explore these concepts through the study of tropes, strategies of identity construction, and the politics of representation. The theoretical premises of my work draw on the literary and cultural criticism which has evolved around the study of travel and travel writing in recent years. These approaches have gained much from the scholarly experience provided by postcolonial critique. Shifting the focus away from the concept of exile, the traditional framework for scholarly discussions of Brodsky’s works, I propose to review Brodsky’s travel poetry and prose as a response not only to his exilic condition but to the postmodern and postcolonial landscape, which initially shaped the writing of these texts. Discussing Brodsky’s travel writing in this context offers previously unexplored perspectives for analyzing the geopolitical, philosophical, and linguistic premises of his poetic imagination. By situating Brodsky’s travel writing in the geopolitical landscape of postcolonial postmodernity, I attempt to show how Brodsky’s engagement with his contemporary cultural practices in the West was incorporated into his Russian-language travel poetry and prose and how this engagement thus contributed to these texts’ status as exceptional and unique literary events within late Soviet Russian cultural practices.

"Four Ways of Writing the City" : St. Petersburg-Leningrad as a Metaphor in the Poetry of Joseph Brodsky

The present study discusses the theme of St. Petersburg-Leningrad in Joseph Brodsky's verse works. The chosen approach to the evolving im-age of the city in Brodsky's poetry is through four metaphors: St. Petersburg as "the common place" of the Petersburg Text, St. Petersburg as "Paradise and/or Hell", St. Petersburg as "a Utopian City" and St. Petersburg as "a Void". This examination of the city-image focusses on the aspects of space and time as basic categories underlying the poet's poetic world view. The method used is close reading, with an emphasis on semantical interpretation. The material consists of eighteen poems dating from 1958 to 1994. Apart from investigating the spatio-temporal features, the study focusses on exposing and analysing the allusions in the scrutinised works to other texts from Russian and Western belles lettres. Terminology (introduced by Bakhtin and Yury Lotman, among others) concerning the poetics of space in literature is employed in the present study. Conceptions originating from the paradigm of possible worlds are also used in elucidating the position of fictional and actual chronotopes and heroes in Brodsky's poetry. Brodsky's image of his native city is imbued with intertextual linkings. Through reminiscences of the "Divine Comedy" and Russian modernists, the city is paralleled with Dante's "lost and accursed" Florence, as well as with the lost St. Petersburg of Mandel'shtam and Akhmatova. His city-image is related to the Petersburg myth in Russian literature through their common themes of death and separation as well as through the merging of actual realia with the fictional worlds of the Petersburg Text. In his later poems, when his view of the city is that of an exiled poet, the city begins to lose its actual world referents, turning into a mental realm which is no longer connected to any particular geographical location or historical time. It is placed outside time. The native city as the homeland in its entirety is replaced by another existence created in language.

Joseph Molling with wife Margarete "Gretchen" nee Benjamin and son Peter on a walk.

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Portrait of Hedwig and Ludwig Heinemann and Margarete nee Benjamin and Joseph Molling.

Elderly couple Hedwig and Ludwig Heinemann envolved with Adolph Molling Business. Younger couple is Margarete "Gretchen" Molling geb. Benjamin and Joseph Molling.

Portrait of Joseph and his sister Elly Schoenbeck; Cologne, Germany. Portraits family

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Portrait of Joseph Rothschild and his wife Rosalie nee Stern; Bad Ems, Germany. Portraits Couples

Handwritten on verso of original photograph: Joseph u Rosalie Rothschild

Tombstone of Joseph Benjamin; Strangriede Cemetery, R83.8; Hannover Cemeteries Tombs

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Tombstones of Joseph Benjamin and Marianne Benjamin nee Sussmann; Strangriede Cemetery (R 83.8 and R 83.9); Hannover Cemeteries Tombs

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Portrait of Dr. Joseph Wallerstein holding his infant grandson Hans Stern.

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