Justificação pública: a função da ideia de estrutura básica da sociedade em Rawls

O objetivo principal deste artigo é estabelecer uma reflexão sobre a função da ideia da estrutura básica da sociedade (basic structure of society) para a justificação pública (public justification) dos princípios morais na teoria da justiça como equidade de John Rawls, principalmente nas obras Political Liberalism (PL, Lecture VII) e Justice as Fairness: A Restatement (JF, I, § 4, 9; II, § 15, 16), com a intenção de identificar um modelo ético coerentista e pragmatista de justificação, analisando o papel da categoria de justiça de fundo (background justice) neste contexto justificacional.

Uma justificação coerentista dos direitos humanos em Rawls

The aim of this paper is to identify how the ethical-political foundation of human rights in John Rawls’s theory of justice makes use of a coherentist model of moral justification in which cognitivism, liberalism, pluralism, non-foundationalism, and mitigated intuititionism stand out, leading to a pragmatic model of foundation with public justification in The Law of Peoples (LP). The main idea is to think about the reasonableness of the universal defence of human rights as primary goods with the aspects follows: its political nature, not metaphysical; its theoretical coherentist model, non-foundationalist; its pragmatic function and its public justification.

A ‘right to have rights’ in the EU public sphere? An Arendtian justification for the application of the EU Charter of Fundamental Rights

This paper discusses the Court’s reasoning in interpreting the EU Charter, using recent case law on horizontal effect as a case study. It identifies two possible means of interpreting the provisions of the Charter: firstly, an approach based on common values (e.g. equality or solidarity) and, secondly, an approach based on access to the public sphere. It argues in favour of the latter. Whereas an approach based on common values is more consonant with the development of the case law so far, it is conceptually problematic: it involves subjective assessments of the importance and degree of ‘sharedness’ of the value in question, which can undermine the equal constitutional status of different Charter provisions. Furthermore, it marginalises the Charter’s overall politically constructional character, which distinguishes it from other sources of rights protection listed in Art 6 TEU. The paper argues that, as the Charter’s provisions concretise the notion of political status in the EU, they have a primarily constitutional, rather than ethical, basis. Interpreting the Charter based on the very commitment to a process of sharing, drawing on Hannah Arendt’s idea of the ‘right to have rights’ (a right to access a political community on equal terms), is therefore preferable. This approach retains the pluralistic, post-national fabric of the EU polity, as it accommodates multiple narratives about its underlying values, while also having an inclusionary impact on previously underrepresented groups (e.g. non-market-active citizens or the sans-papiers) by recognising their equal political disposition.

Procès de condamnation et de justification de Jeanne d'Arc, précédés de la chronique du siège d'Orléans.

Abbaye de Saint-Victor de Paris

Public health impact of statin prescribing strategies based on JUPITER Modeling study from a population-based study.

OBJECTIVE: To evaluate the public health impact of statin prescribing strategies based on the Justification for the Use of Statins in Primary Prevention: An Intervention Trial Evaluating Rosuvastatin Study (JUPITER). METHODS: We studied 2268 adults aged 35-75 without cardiovascular disease in a population-based study in Switzerland in 2003-2006. We assessed the eligibility for statins according to the Adult Treatment Panel III (ATPIII) guidelines, and by adding "strict" (hs-CRP≥2.0mg/L and LDL-cholesterol <3.4mmol/L), and "extended" (hs-CRP≥2.0mg/L alone) JUPITER-like criteria. We estimated the proportion of CHD deaths potentially prevented over 10years in the Swiss population. RESULTS: Fifteen % were already taking statins, 42% were eligible by ATPIII guidelines, 53% by adding "strict", and 62% by adding "extended" criteria, with a total of 19% newly eligible. The number needed to treat with statins to avoid one CHD death over 10years was 38 for ATPIII, 84 for "strict" and 92 for "extended" JUPITER-like criteria. ATPIII would prevent 17% of CHD deaths, compared with 20% for ATPIII+"strict" and 23% for ATPIII + "extended" criteria (+6%). CONCLUSION: Implementing JUPITER-like strategies would make statin prescribing for primary prevention more common and less efficient than it is with current guidelines.

Lesurques, sa justification. A. Jeandel,... [Avant-propos par Louis Méquillet.]

Comprend : Avant-propos