Entendo a partidarização judicial como agravamento do anti-igualitarismo jurídico que degrada o formalismo democrático. Atenho-me ao Brasil, sem generalizar: há pessoas dignas no judiciário. Falo na aplicação indevida da lei na esfera política para impedir mudanças na sociedade. Trato o tema em três níveis. Preliminarmente, discuto a desigualdade político-jurídica, depois os golpes de Estado, e por fim o manejo da legislação como arma política que mantém injustiças.

In 1909, Einstein derived a formula for the mean square energy fluctuation in blackbody radiation. This formula is the sum of a wave term and a particle term. In a key contribution to the 1926 Dreim¨.

In early 1927, Pascual Jordan published his version of what came to be known as the Dirac-Jordan statistical transformation theory. Later that year and partly in response to Jordan, John von Neumann published the modern Hilbert space formalism of quantum mechanics. Central to both formalisms are expressions for conditional probabilities of finding some value for one quantity given the value of another. Beyond that Jordan and von Neumann had very different views about the appropriate formulation of (...) problems in the new theory. For Jordan, unable to let go of the analogy to classical mechanics, the solution of such problems required the identification of sets of canonically conjugate variables, i.e., p’s and q’s. Jordan ran into serious difficulties when he tried to extend his approach from quantities with fully continuous spectra to those with wholly or partly discrete spectra. For von Neumann, not constrained by the analogy to classical physics and aware of the daunting mathematical difficulties facing the approach of Jordan ), the solution of a problem in the new quantum mechanics required only the identification of a maximal set of commuting operators with simultaneous eigenstates. He had no need for p’s and q’s. Related to their disagreement about the appropriate general formalism for the new theory, Jordan and von Neumann stated the characteristic new rules for probabilities in quantum mechanics somewhat differently. Jordan was the first to state those rules in full generality, von Neumann rephrased them and then sought to derive them from more basic considerations. In this paper we reconstruct the central arguments of these 1927 papers by Jordan and von Neumann and of a paper on Jordan’s approach by Hilbert, von Neumann, and Nordheim. We highlight those elements in these papers that bring out the gradual loosening of the ties between the new quantum formalism and classical mechanics. (shrink)

Political theorists converge in identifying modern techniques of domination as habit-formative and psychologically invasive, in contrast to earlier, more blatantly coercive forms of repression. Putting Aristotle on tyranny in conversation with Michel Foucault on subject formation, this article argues for continuity across the pre- and postmodern divide. Through a close reading of the “three heads of tyranny” in Politics 5.11 —those being the tyrant’s efforts to form subjects who have small thoughts are distrustful of one another, and are incapable (...) of action—I argue that central to Aristotle’s account of tyrannical domination is how tyrants cultivate the ethical vice of “small-souledness”, thus producing subjects with humbled desires for a proportionate distribution of political power. This article deepens our appreciation of the social and psychological registers of Aristotle’s theorization of domination and gives reasons for continuing to take Aristotle’s insights into tyranny seriously today. (shrink)

By using religion to get at the core concepts of Michel Foucault's thinking, this book offers a strong alternative to the way that the philosopher's work is read across the humanities. Foucault was famously interested in Christianity as both the rival to ancient ethics and the parent of modern discipline and was always alert to the hypocrisy and the violence in churches. Yet many readers have ignored how central religion is to his thought, particularly with regard to human bodies (...) and how they are shaped. The point is not to turn Foucault into some sort of believer or to extract from him a fixed thesis about religion as such. Rather, it is to see how Foucault engages religious _rhetoric_ page after page—even when religion is not his main topic. When readers follow his allusions, they can see why he finds in religion not only an object of critique, but a perennial provocation to think about how speech works on bodies—and how bodies resist. Arguing that Foucault conducts experiments in writing to frustrate academic expectations about history and theory, Mark Jordan gives equal weight to the performative and theatrical aspects of Foucault's writing or lecturing. How does Foucault stage possibilities of self-transformation? How are his books or lectures akin to the rituals and liturgies that he dissects in them? _Convulsing Bodies_ follows its own game of hide-and-seek with the agents of totalizing systems and gives us a Foucault who plays with his audiences as he plays for them—or teaches them. (shrink)

The debtor-creditor relation, which is at the heart of this book, sharpens mechanisms of exploitation and domination indiscriminately, since, in it, there is no distinction between workers and the unemployed, consumers and producers, working and non-working populations, between retirees and welfare recipients. They are all "debtors," guilty and responsible in the eyes of capital, which has become the Great, the Universal, Creditor.--from The Making of the Indebted Man Debt -- both public debt and private debt -- has become a major (...) concern of economic and political leaders. In The Making of the Indebted Man, Maurizio Lazzarato shows that, far from being a threat to the capitalist economy, debt lies at the very core of the neoliberal project. Through a reading of Karl Marx's lesser-known youthful writings on John Mill, and a rereading of writings by Friedrich Nietzsche, Gilles Deleuze, Félix Guattari, and Michel Foucault, Lazzarato demonstrates that debt is above all a political construction, and that the creditor/debtor relation is the fundamental social relation of Western societies.Debt cannot be reduced to a simple economic mechanism, for it is also a technique of "public safety" through which individual and collective subjectivities are governed and controlled. Its aim is to minimize the uncertainty of the time and behavior of the governed. We are forever sinking further into debt to the State, to private insurance, and, on a more general level, to corporations. To insure that we honor our debts, we are at once encouraged and compelled to become the "entrepreneurs" of our lives, of our "human capital." In this way, our entire material, psychological, and affective horizon is upended and reconfigured. How do we extricate ourselves from this impossible situation? How do we escape the neoliberal condition of the indebted man? Lazzarato argues that we will have to recognize that there is no simple technical, economic, or financial solution. We must instead radically challenge the fundamental social relation structuring capitalism: the system of debt. (shrink)

The ‘black box problem’ is a long-standing talking point in debates about artificial intelligence. This is a significant point of tension between ethicists, programmers, clinicians and anyone else working on developing AI for healthcare applications. However, the precise definition of these systems are often left undefined, vague, unclear or are assumed to be standardised within AI circles. This leads to situations where individuals working on AI talk over each other and has been invoked in numerous debates between opaque and explainable (...) systems. This paper proposes a coherent and clear definition for the black box problem to assist in future discussions about AI in healthcare. This is accomplished by synthesising various definitions in the literature and examining several criteria that can be extrapolated from these definitions. There are no data in this work. (shrink)

... PREFACE Paul Gochet (Liege) "[...] une entite physique ne peut etre envisagee que comme une sorte de concretisation, de consolidation locale dans un ...

This essay applies Michel Foucault’s conception of the heterotopia to the context of the sport of wrestling. In particular, it examines the social and spatial structures of the sport, exploring hom...

Are demands for equality motivated by envy? Nietzsche, Freud, Hayek, and Nozick all thought so. Call this the Envy Objection. For egalitarians, the Envy Objection is meant to sting. Many egalitarians have tried to evade the Envy Objection.. But should egalitarians be worried about envy? In this paper, I argue that egalitarians should stop worrying and learn to love envy. I argue that the persistent unwillingness to embrace the Envy Objection is rooted in a common misunderstanding of the nature of (...) the charge, what it reveals, and what can be said in response to it. I develop what Bernard Williams might call a vindicatory genealogy of envy, thereby allowing us to see that envy, rather than undermining egalitarian intuitions, can in fact play a distinct justificatory role (when it is fitting), which undermines the Envy Objection. (shrink)

La contribution de Michel Troper à la théorie générale du droit et à la théorie constitutionnelle est aujourd'hui reconnue et célébrée un peu partout dans le monde. Un talent d'architecte se tient à l'origine de cette audience rarement égalée dans la sphère francophone : celui qu'il faut pour accommoder toutes les exigences, quel que soit l'ordre de valeur dans lequel on les trouve : originalité, rigueur, souci de la fonction, esthétisme, solidité, adaptation, intelligence, inquiétude, esprit critique, renoncement, réalisme... A (...) ces mérites, on ajoutera une curiosité insatiable, un goût prononcé pour l'échange et le débat, un refus distingué de l'académisme, un sens exigeant de l'amitié et une méfiance profônde pour les adjectifs... C'est cet édifice de qualités que les élèves, collègues et amis de Michel Troper sont heureux de célébrer en lui offrant ces Mélanges. (shrink)

This paper examines two influential theoretical frameworks, set forth by Russell Barkley (1997) and Thomas Brown (2005), and argues that important headway in understanding attention deficit hyperactivity disorder can be made if we acknowledge the way in which human cognition and action are essentially embodied and enactive. The way in which we actively make sense of the world is structured by our bodily dynamics and our sensorimotor engagement with our surroundings. These bodily dynamics are linked to an individual's concerns and (...) felt needs, so that what she attends to in perception, decision-making, and action is partially constituted by her cares and concerns. What I call ?affective framing? engages the whole living body, and ordinarily contributes to attentional focusing, working memory, goal-formulation, and action-monitoring. However, due to affective framing deficits, subjects with ADHD find it difficult to focus their attention, kindle their motivation, and systematically simplify cognitive procedures according to considerations of relevance, salience, and context. Thus, what is impaired in ADHD is not simply a set of executive brain functions, but rather a range of bodily dynamics through which subjects engage with their world. For this reason, intensive behavioral intervention that engages the whole living body may be the most effective, lasting treatment for ADHD. (shrink)

Philip Reed argues that laws that grant people access to euthanasia on the basis of terminal illness are discriminatory. In support of this claim, he offers an argument by analogy: it would be discriminatory to offer a person access to euthanasia because they are women or because they are disabled, as such restricted access would send the message ‘that life as a woman or as a disabled person is (very often) not worth living’.1 And so it must also be discriminatory (...) to offer people access to euthanasia because they are terminally ill. Arguments by analogies are only as good as the analogies on which they are built. Having a terminal illness, I’m going to suggest, is not relevantly similar enough to either being disabled or being a member of an oppressed social group to make Reed’s claim compelling. Let’s explore each branch of the analogy in turn. Why think that terminal illness is relevantly unlike disability, in a way that makes offering access to euthanasia in the latter case discriminatory, but not the former? For one thing, terminal illness is necessarily time-limited. When my father was dying, he found himself in constant …. (shrink)

We often feel survivor guilt when the very circumstances that harm others leave us unscathed. Although survivor guilt is both commonplace and intelligible, it raises a puzzle for the standard philosophical account of guilt, according to which people feel guilt only when they take themselves to be morally blameworthy. The standard account implies that survivor guilt is uniformly unfitting, as people are not blameworthy simply for having fared better than others. In this paper, we offer a rival account of guilt, (...) the relational account of guilt, which makes sense of survivor guilt and other forms of guilt without self-blame while preserving the intelligibility of guilt about culpable wrongdoing. According to this account, guilt involves the feeling of being unable to justify ourselves to others, and we lack self-justification when we (however blamelessly) stand on the positive side of an undesirable asymmetry with them. When someone survives something that those around her do not, the disparity in outcome constitutes an asymmetry that is often undesirable, because it arises from luck or violates a requirement of solidarity. Thus, survivor guilt is often fitting. (shrink)

Translator's preface -- Introduction: The question of phenomenology -- Hyletic phenomenology and material phenomenology -- The phenomenological method -- Pathos-with reflections on Husserl's Fifth cartesian meditation -- For a phenomenology of community.

The #MeToo movement generated a feminist insistence that we “believe women.” But the men accused of assault, harassment, and other violations frequently defended themselves with the insistence that they had always “respected women” – sometimes, going so far as to get numerous women to sign letters swearing that these men had always respected them. This common MeToo defense reveals the core inconsistency – and the core entitlement – at the heart of misogyny and sexual injustice: some women deserve respect. But (...) the duty to respect those women relies on an invisible entitlement to disrespect – indeed, to assault, harass, dominate, or exploit – others. This chapter explores consent’s role within the superstructure of misogyny and sexual injustice, arguing what consent is a key apparatus of white supremacy. It argues that consent has been constructed through dynamics of colonial and racist sexual entitlement, mapping some (white) women as deserving of respect and the right to consent, while marking other women as expendable or disposable within the sexual economy. This means not only that consent is historically constructed as white, but also that whiteness, and in particular, white womanhood, is constructed through consent. Thus, white women’s right to consent – or to refuse – is premised upon the inability of other women to do so. In this way, the right to sexual consent does not disrupt the norm of male sexual entitlement. Consent has always been premised on non-consent, from coloniality and slavery to contemporary porn, which offers a vision of the world without proper consent, so that granting consent to actual women is an exceptional practice, an “act of respect.” By including race and class alongside gender in my analysis of consent, I argue that contemporary feminist visions of sexual justice must do more than defend or ameliorate consent, but develop intersectional interrogations of sexual justice that reckon with the complicities of consent. (shrink)

Annoncé à grand fracas, le décryptage do génome humain devait nous révéler le secret ultime de la vie et ouvrir la voie à de nouvelles thérapies miracles. Espoirs déçus : à l'ère de la post-génomique, les secrets du vivant sont maintenant recherchés dans les théories de la complexité, dans la convergence des efforts des biologistes, des physiciens et des mathématiciens. Comment comprendre la signification de cette succession rapide d'objectifs apparemment différents, de cette alternance d'espoirs et de désillusions? Dans ce livre (...) novateur, Michel Morange propose une clé pour rendre compte de ces difficultés, et de beaucoup d'autres analogues touchant toutes les branches de la biologie. Les annonces sensationnelles reflètent l'espoir toujours déçu qu'une explication unique pourrait suffire. Or les faits biologiques - comme ceux relevant de bien d'autres disciplines scientifiques -ne peuvent être expliqués par un principe d'intelligibilité unique. Exemples à l'appui et de façon très pédagogique, Michel Morange montre pourquoi des explications différentes doivent être articulées pour décrire le fonctionnement des macromolécules aussi bien que l'évolution humaine ou le développement des cancers. Admettre une idée aussi simple n'est pas évident, car tout scientifique a été formé à privilégier un principe d'intelligibilité particulier. L'articulation entre explications différentes est pourtant indispensable pour le progrès des connaissances ; elle est aussi une exigence éthique ; elle est requise pour que la science conserve sa place dans nos sociétés. (shrink)

O presente trabalho visa expor, utilizando dupla perspectiva, as tecnociências e suas inovações como resultantes do modo de produção capitalista e no que isso implica. Num primeiro momento, será apresentada a perspectiva utilizada por Deuleuze e Guattari em Mil Platôs para denotar a importância do Estado como garantidor de um modo de produção e como agenciador, via ordem jurídica, das linhas de fuga que emergem da sociedade, inclusive no que toca às inovações trazidas pelo desenvolvimento e ampliação dos conhecimentos e (...) dos saberes. Na sequência, de forma complementar, serão abordados o capitalismo em si e alguns de seus fundamentos relevantes para a compreensão das consequências possíveis para as inovações tecnocientíficas, isso a partir de postulados da teoria materialista-histórica. Após, irá se procurar demonstrar a realização de um estatuto ético-jurídico brasileiro como agenciamento das modificações e inovações que dizem com uso de células tronco para pesquisas. (shrink)

What does everyone in the modern world need to know? Renowned psychologist Jordan B. Peterson's answer to this most difficult of questions uniquely combines the hard-won truths of ancient tradition with the stunning revelations of cutting-edge scientific research. Humorous, surprising and informative, Dr. Peterson tells us why skateboarding boys and girls must be left alone, what terrible fate awaits those who criticize too easily, and why you should always pet a cat when you meet one on the street. What (...) does the nervous system of the lowly lobster have to tell us about standing up straight (with our shoulders back) and about success in life? Why did ancient Egyptians worship the capacity to pay careful attention as the highest of gods? What dreadful paths do people tread when they become resentful, arrogant and vengeful? Dr. Peterson journeys broadly, discussing discipline, freedom, adventure and responsibility, distilling the world's wisdom into 12 practical and profound rules for life. [This book] shatters the modern commonplaces of science, faith and human nature, while transforming and ennobling the mind and spirit of its readers. (shrink)

Whether the prefrontal cortex is part of the neural substrates of consciousness is currently debated. Against prefrontal theories of consciousness, many have argued that neural activity in the prefrontal cortex does not correlate with consciousness but with subjective reports. We defend prefrontal theories of consciousness against this argument. We surmise that the requirement for reports is not a satisfying explanation of the difference in neural activity between conscious and unconscious trials, and that prefrontal theories of consciousness come out of this (...) debate unscathed. (shrink)

In his influential article ‘Essence and Modality’, Fine proposes a definition of necessity in terms of the primitive essentialist notion ‘true in virtue of the nature of’. Fine’s proposal is suggestive, but it admits of different interpretations, leaving it unsettled what the precise formulation of an Essentialist definition of necessity should be. In this paper, four different versions of the definition are discussed: a singular, a plural reading, and an existential variant of Fine’s original suggestion and an alternative version proposed (...) by Correia which is not based on Fine’s primitive essentialist notion. The first main point of the paper is that the singular reading is untenable. The second that given plausible background assumptions, the remaining three definitions are extensionally equivalent. The third is that, this equivalence notwithstanding, Essentialists should adopt Correia’s version of the definition, since both the existential variant, which has de facto been adopted as the standard version of the definition in the literature, and the plural reading suffer from problems connected to Fine’s primitive essentialist notion. (shrink)

It is widely agreed that fiction is necessarily incomplete, but some recent work postulates the existence of universal fictions—stories according to which everything is true. Building such a story is supposedly straightforward: authors can either assert that everything is true in their story, define a complement function that does the assertoric work for them, or, most compellingly, write a story combining a contradiction with the principle of explosion. The case for universal fictions thus turns on the intuitive priority we assign (...) to the law of non-contradiction. My goal in this paper is to show that our critical and reflective literary practices set constraints on story-telling which preclude universal fictions. I will raise four stumbling blocks for universal fictionalists: the gap between saying and making true, our actual interpretive reactions to story-level contradictions, the criteria we accept for what counts as a story in our literary practices, and the undesirability of the universal fictionalist’s closure principles. (shrink)

The premise that every work belongs to an art-kind has recently inspired a kind-centred approach to theories of art. Kind-centred analyses posit that we should abandon the project of giving a general theory of art and focus instead on giving theories of the arts. The main difficulty, however, is to explain what makes a given kind an art-kind in the first place. Kind-centred theorists have passed this buck on to appreciative practices, but this move proves unsatisfactory. I argue that the (...) root of this dissatisfaction stems not from the act of kicking the can down the road, but from not kicking it far enough. The missing ingredient, I argue, is a notion of convention which does the work of marking the difference between art and non-art for a given physical medium. (shrink)

1. Sexual Brains and Body Politics 2. Hormones and Hardwiring 3. Making Sense of Brain Organization Studies 4. Thirteen Ways of Looking at Brain Organization 5. Working Backward from “Distinct‘ Groups 6. Masculine and Feminine Sexuality 7. Sexual Orienteering 8. Sex-Typed Interests 9. Taking Context Seriously 10. Trading Essence for Potential.

Michelle Kosch examines the conceptions of free will and the foundations of ethics in the work of Kant, Schelling, and Kierkegaard. She seeks to understand the history of German idealism better by looking at it through the lens of these issues, and to understand Kierkegaard better by placing his thought in this context. Kosch argues for a new interpretation of Kierkegaard's theory of agency, that Schelling was a major influence and Kant a major target of criticism, and that both the (...) theory and the criticisms are highly relevant to contemporary debates. (shrink)

THE MOST SACRED FREEDOM includes eight essays that were first presented at the 2014 A.V. Elliott Conference on Great Books and Ideas, the seventh annual conference sponsored by Mercer Universitys Thomas C. and Ramona E. McDonald Center for Americas Founding Principles. Together, these essays explore the great principle of religious liberty by charting its development in the Western tradition and reconsidering its place at Americas founding. The book begins with a comparison between the flood accounts in Genesis and the Mesopotamian (...) Atra-Has's and advances all the way to the 2014 Supreme Court case Burwell v. Hobby Lobby. The intervening chapters examine the contributions of figures such as Emperor Julian, Roger Williams, Cecilius Calvert, John Locke, Jean-Jacques Rousseau, and the American Founders. Contributors to the volume are Steven Grosby, Jeremiah H. Russell, Maura Jane Farrelly, Daniel Cullen, John Witte, Jr., Scott Yenor, David Ramsey, and Michael Novak. (shrink)

Résumé Si le renouveau de l’humanisme passe par le rapprochement des différences, les perspectives occidentale et orientale sur le monde divergent : la première se repère dans l’Histoire et la seconde dans la notion de destin. Entre le pouvoir logique du rationalisme instrumental occidental et la puissance affective des modes sensibles de la connaissance comme la liturgie et la musique, l’Occident doit être à même de se réconcilier avec la différence et refuser à la fois les identités fermées et les (...) altérités absolues. (shrink)

A part of the “return to religion” now evident in European philosophy, this book represents the culmination of the career of a leading phenomenological thinker whose earlier works trace a trajectory from Marx through a genealogy of psychoanalysis that interprets Descartes’s “I think, I am” as “I feel myself thinking, I am.” In this book, Henry does not ask whether Christianity is “true” or “false.” Rather, what is in question here is what Christianity considers as truth, what kind of truth (...) it offers to people, what it endeavors to communicate to them, not as a theoretical and indifferent truth, but as the essential truth that by some mysterious affinity is suitable for them, to the point that it alone is capable of ensuring them salvation. In the process, Henry inevitably argues against the concept of truth that dominates modern thought and determines, in its multiple implications, the world in which we live. Henry argues that Christ undoes “the truth of the world,” that He is an access to the infinity of self-love, to a radical subjectivity that admits no outside, to the immanence of affective life found beyond the despair fatally attached to all objectifying thought. The Kingdom of God accomplishes itself in the here and now through the love of Christ in what Henry calls “the auto-affection of Life.” In this condition, he argues, all problems of lack, ambivalence, and false projection are resolved. (shrink)

When our nearest and dearest experience medical crises, we may need to step into caregiving roles. But in doing so, we may find that our new caregiving relationship is actually in tension with the loving relationship that motivated us towards care. What we owe and are entitled to as friends, spouses, and family members, can be different from what we owe and are entitled to as caregivers. For this reason, caregiving carries with it the risk of a type of moral (...) distress that I call “role conflict distress.” Rather than view role conflict distress as a sign that we are falling short, I suggest that it actually speaks to the commitment that we have to the loving relationship that grounds our duty of care. (shrink)