v. 1. Introducción a la filosofía del derecho -- v. 2. Introducción a la ciencia del derecho.

Resenha do livro "O ensino de Filosofia e a Lei 10.639" de Renato Noguera.

This paper discusses the philosophical doctrine of moral luck, as described by Bernard Williams in his book of the same name. It first describes Williams' account and then uses the case of Michael Stone, a convicted murderer with a long history of mental disorder, and mental health practitioners’ interventions in his case, to test and debate Williams’ views. It examines four major areas of these, including the classical notion of moral luck, retroactive judgement, agent regret and justifiable and unjustifiable decision‐making. (...) It concludes that, in view of what has been said, whilst Williams’ views are applicable and appropriate to many areas of the Stone case, ‘traditional’ moral views on rights, obligations and principles cannot be entirely laid aside in evaluating this. (shrink)

La investigación centra su interés en determinar el impacto que ha tenido la implementación de la cátedra de la Paz en las instituciones educativas de Ciudad Bolívar en la construcción de paz y ciudadanía. Desde la investigación cualitativa en una perspectiva hermenéutica y el método narrativo, se realizó una revisión documental. Se concluye que, el abordaje de la cátedra de la paz requiere en la escuela, una perspectiva holística que fomente la reflexión crítica sobre el conflicto armado, construcción de memoria (...) histórica, fortalecimiento del tejido social y cumplimiento de los Objetivos de Desarrollo Sostenible. (shrink)

En este artículo analizo las consecuencias del exilio en varios personajes de Los detectives salvajes de Roberto Bolaño, específicamente Ulises Lima y Arturo Belano, quienes, tras la muerte de Cesárea Tinajero, se marchan de México e inician un recorrido por países de Europa, Medio Oriente, Centroamérica y África. Este desarraigo físico, ideológico y espiritual, causado por la pérdida de sus ideales de juventud, los hace vivir “vidas líquidas”, esto es, vidas regidas por las experiencias de inseguridad, incertidumbre y desprotección. El (...) tema del exilio también afecta la estructura de la novela, sobre todo en lo que tiene que ver con la utilización, en la segunda parte, de múltiples narradores que van contando anécdotas sobre Lima, Belano y otros miembros del realismo visceral. Para abordar estos temas reviso el concepto de “modernidad líquida”, acuñado por Zygmunt Bauman, teniendo en cuenta que, para él, la modernidad líquida ha incentivado la extraterritorialidad en el hombre contemporáneo, así como el culto a lo efímero que afecta todos los aspectos de nuestras vidas, incluyendo la concepción de nosotros mismos y de nuestras relaciones sentimentales. (shrink)

In this article we investigate infinitary propositional logics from the perspective of their completeness properties in abstract algebraic logic. It is well-known that every finitary logic is complete with respect to its relatively subdirectly irreducible models. We identify two syntactical notions formulated in terms of intersection-prime theories that follow from finitarity and are sufficient conditions for the aforementioned completeness properties. We construct all the necessary counterexamples to show that all these properties define pairwise different classes of logics. Consequently, we obtain (...) a new hierarchy of logics going beyond the scope of finitarity. (shrink)

La sociedad atraviesa una serie de transformaciones en sus relaciones entre instituciones y comunidad; en este marco la universidad, desde su misión académica centrada en la formación e investigación para el desarrollo de conocimientos, está promoviendo una mayor implicación hacia las necesidades de la sociedad, a lo que se denomina responsabilidad social universitaria (RSU). Este artículo presenta cómo, desde una perspectiva humanista, se constituye una comunidad social de investigación entre la Unidad de Investigación Enfoque Centrado en la Persona de la (...) Universidad de Valencia –España-, el grupo Prisma de la Universidad Autónoma de Bucaramanga –Colombia- y la Fundación Albeiro Vargas (FAVAC) –Colombia- cuya finalidad es la atención al adulto mayor. Mediante una metodología de investigación-acción participativa, se genera una base de cooperación institucional para la promoción del bienestar psicológico del adulto mayor. El voluntariado, a través de sus docentes y sus alumnos, se concreta así en una acción de responsabilidad social universitaria cuya primera actividad es la valoración del bienestar psicológico del adulto mayor en la fundación Albeiro Vargas. (shrink)

Liberal societies conventionally treat religion as unique under the law, requiring both special protection and special containment. But recently this idea that religion requires a legal exception has come under fire from those who argue that religion is no different from any other conception of the good, and the state should treat all such conceptions according to principles of neutrality and equal liberty. Cécile Laborde agrees with much of this liberal egalitarian critique, but she argues that a simple analogy (...) between the good and religion misrepresents the complex relationships among religion, law, and the state. Religion serves as more than a statement of belief about what is true, or a code of moral and ethical conduct. It also refers to comprehensive ways of life, political theories of justice, modes of voluntary association, and vulnerable collective identities. Disaggregating religion into its various dimensions, as Laborde does, has two clear advantages. First, it shows greater respect for ethical and social pluralism by ensuring that whatever treatment religion receives from the law, it receives because of features that it shares with nonreligious beliefs, conceptions, and identities. Second, it dispenses with the Western, Christian-inflected conception of religion that liberal political theory relies on, especially in dealing with the issue of separation between religion and state. As a result, Liberalism's Religion offers a novel answer to the question: Can Western theories of secularism and religion be applied more universally in non-Western societies?--. (shrink)

It is well known that MTL satisfies the finite embeddability property. Thus MTL is complete w. r. t. the class of all finite MTL-chains. In order to reach a deeper understanding of the structure of this class, we consider the extensions of MTL by adding the generalized contraction since each finite MTL-chain satisfies a form of this generalized contraction. Simultaneously, we also consider extensions of MTL by the generalized excluded middle laws introduced in [9] and the axiom of weak cancellation (...) defined in [31]. The algebraic counterpart of these logics is studied characterizing the subdirectly irreducible, the semisimple, and the simple algebras. Finally, some important algebraic and logical properties of the considered logics are discussed: local finiteness, finite embeddability property, finite model property, decidability, and standard completeness. (shrink)

En Ciencia de la lógica, Hegel finaliza la lógica objetiva con un largo estudio de las categorías modales (realidad, necesidad y posibilidad). Nuestra propuesta es que tal estudio hay que entenderlo en confrontación directa con la situación dejada por Kant en los principios del entendimiento puro de KrV. Para defender tal tesis expondremos, en primer lugar, la exposición kantiana del problema; en segundo lugar, el desarrollo de la lógica de la esencia dentro de la obra; y, por último, la nueva (...) interpretación que propone Hegel de las categorías modales. (shrink)

Neste trabalho, pretendemos avaliar criticamente algumas das teses de John McDowellsobre a natureza da virtude, tal como expostas em seu artigo “Virtue and Reason” e, ao fazê-lo,expor algumas de suas limitações. Mais especificamente, tratarei o que vejo como problemas emsua apresentação da virtude como uma forma de conhecimento, e sua proposta – corporificada natese da unidade das virtudes – de que as virtudes comumente reconhecidas deveriam ser vistascomo manifestações parciais da virtude enquanto tal. Também enfocarei a assertiva de McDowellde que (...) o conhecimento que constitui a virtude não pode ser visto como tendo um conteúdoproposicional que se preste a uma codificação em princípios de conduta – a tese de nãocodificabilidade– e a relação da postura pessoal de McDowell com a empreitada mais ampla daética de virtudes. (shrink)

This paper aims at being a systematic investigation of different completeness properties of first-order predicate logics with truth-constants based on a large class of left-continuous t-norms . We consider standard semantics over the real unit interval but also we explore alternative semantics based on the rational unit interval and on finite chains. We prove that expansions with truth-constants are conservative and we study their real, rational and finite chain completeness properties. Particularly interesting is the case of considering canonical real and (...) rational semantics provided by the algebras where the truth-constants are interpreted as the numbers they actually name. Finally, we study completeness properties restricted to evaluated formulae of the kind , where φ has no additional truth-constants. (shrink)

This book is an anthology of some of the most influential research on basic income in the period of roughly 1960-2010.

The first comprehensive analysis of the philosophical issues raised by the hijab controversy in France, this book also conducts a dialogue between contemporary Anglo-American and French political theory and defends a progressive republican solution to so-called multicultural conflicts in contemporary societies. It critically assesses the official republican philosophy of laïcité which purported to justify the 2004 ban on religious signs in schools. Laïcité is shown to encompass a comprehensive theory of republican citizenship, centered on three ideals: equality (secular neutrality of (...) the public sphere), liberty (individual autonomy and emancipation) and fraternity (civic loyalty to the community of citizens). Challenging official interpretations of laïcité, the book then puts forward a critical republicanism which does not support the hijab ban, yet upholds a revised interpretation of three central republican commitments: secularism, non-domination and civic solidarity. Thus, it articulates a version of secularism which squarely addresses the problem of status quo bias - the fact that Western societies are historically not neutral towards all religions. It also defends a vision of female emancipation which rejects the coercive paternalism inherent in the regulation of religious dress, yet does not leave individuals unaided in the face of religious and secular, patriarchal and ethnocentric domination. Finally, the book outlines a theory of immigrant integration which places the burden of civic integration on basic socio-political institutions, rather than on citizens themselves. Critical republicanism proposes an entirely new approach to the management of religious and cultural pluralism, centred on the pursuit of the progressive ideal of non-domination in existing, non-ideal societies. (shrink)

Basic Income: An Anthology of Contemporary Research presents a compilation of six decades of Basic Income literature. It includes the most influential empirical research and theoretical arguments on all aspects of the Basic Income proposal. -/- Includes six decades of the most influential literature on Basic Income Includes unpublished and hard-to-find articles The first major compendium on one of the most innovative political reform proposals of our age Explores multidisciplinary views of Basic Income, with philosophical, economic, political, and sociological views (...) Features contributions from key and well-known philosophers and economists, including Atkinson, Simon, Friedman, Fromm, Gorz, Offe, Rawls, Pettit, Van Parijs, and more Presents the best theoretical and empirical arguments for and against Basic Income -/- . (shrink)

In a seminal work, Tversky and Kahneman showed that in some contexts people tend to believe that a conjunction of events (e.g., Linda is a bank teller and is active in the feminist movement) is more likely to occur than one of the conjuncts (e.g., Linda is a bank teller). This belief violates the conjunction rule in probability theory. Tversky and Kahneman called this phenomenon the “conjunction fallacy”. Since the discovery of the phenomenon in 1983, researchers in psychology and philosophy (...) have engaged in important controversies around the conjunction fallacy. The goal of this paper is to explore the most important of these controversies, namely, the controversy about the nature of the conjunction fallacy. Is the conjunction fallacy mainly due to a misunderstanding of the problem by participants (misunderstanding hypothesis) or is it mainly due to a genuine reasoning bias (reasoning bias hypothesis)? A substantial portion of research on the topic has been directed to test the misunderstanding hypothesis. I review this literature and argue that a stronger case can be made against the misunderstanding hypothesis. Thus, I indirectly provide support for the reasoning bias hypothesis. (shrink)

Within the banking community, the argument about sustainability and profitability tends to be inversely related. Our research suggests this does not need to be strictly the case. We present a credit score system based on sustainability issues, which is used as criteria to improve financial institutions’ lending policies. The Sustainability Credit Score System is based on the analytic hierarchy process methodology. Its first implementation is on the agricultural industry in Brazil. Three different firm development paths are identified: business as usual, (...) sustainable business, and future sustainable business. The following six dimensions are present in the SCSS: economic growth, environmental protection, social progress, socio-economic development, eco-efficiency, and socio-environmental development. The results suggest that sustainability is not inversely related to profit either from a short- or long-term perspective. The SCSS is related to the Equator Principles, but its application is not driven to project financing. It also deals with short- and long-term risks and opportunities, instead of short-term sustainability impacts. (shrink)

The main objective of this article is to provide a critique of the pandemic strategy suggested by the World Health Organization (WHO) and implemented by various countries from March 2020 onwards in the wake of the coronavirus outbreak in Wuhan, China. Based on the theories of Michel Foucault, this critique aims to show that, in the first instance, the pandemic may be understood in terms of the art of governing human beings at the point of interaction between politics and medicine; (...) secondly, in Foucauldian terminology, such interaction may be referred to as ‘noso-politics’, that is, a mechanism used to control the body of the population via authoritarian measures exercised in the name of the health of the population; thirdly, such a mechanism exercises its power by invoking a mechanistic truth about the SARS-CoV-2 virus which may be countered by an argument that takes a historical perspective on the virus; fourthly, the pandemic strategy may be opposed by a syndemic approach that takes into account interactions between emerging diseases such as COVID-19 and non-communicable illnesses, as well as the biological and socio-economic conditions that the well-being of the population depends on. In short, by providing a critique of the politics of truth about the pandemic, the virus, and health measures, the article aims to encourage a critical attitude that will challenge both the authorities and the truth they invoke to prevent the pandemic strategy being used as a mechanism for governing, given the predictions of the recurrent emergence of new viruses. (shrink)

Uma exegese filosófica da problemática do niilismo na obra de Cioran, partindo de uma análise lexicográfica dos usos discursivos deste conceito, mas sem se limitar a ele (que está longe de ter um estatuto privilegiado no discurso cioraniano). Levando em conta a reviravolta que marca uma cisão no âmago da obra de Cioran, na transição entre seus escritos romenos e franceses, e combinando à lexicografia um procedimento propriamente hermenêutico do tema do niilismo, conclui-se com uma reflexão sobre o nexo entre (...) niilismo e humor na obra francesa de Cioran, notadamente em Silogismos da amargura (1952), em contraste com o niilismo da “seriedade infinita” (sinônimo de desespero) que caracteriza a sua obra romena. (shrink)

Republicanism and Political Theory is the first book to offer a comprehensive and critical survey of republican political theory. Critically assesses its historical credentials, conceptual coherence, and normative proposals Brings together original contributions from leading international scholars in an interactive way Provides the reader with valuable insight into new debates taking place in republican political theory.

Women oppression is a universal reality. She is a victim, the exploited, the dominated and the other. As a postcolonial thinker, I argue that Filipino women have been victims of the movement of social dialectics. As Philippine society evolved and developed, she had been a victim not only of male domination but also of political economy. This research shows how female subordination and male domination emerged in the Philippines. As such, it contends that there is a blurring identity of Filipino (...) women -that is, Filipino women as situated in the neocolonial period - are victims of political economy and male domination. (shrink)

The republican tradition seems to have a blind spot about global justice. It has had little to say about pressing international issues such as world poverty or global inequalities. According to the old, if apocryphal, adage: extra rempublicam nulla justitia. Some may doubt that distributive justice is the primary virtue of republican institutions; and at any rate most would agree that republican values have traditionally been realized in the polis not in the cosmopolis. The article sketches a republican account of (...) global non-domination which suggests that duties of distributive justice are not bounded to the institutions of a single society. In particular, it argues that republicans have good reasons to seek to curb those global inequalities which underpin what I call capability-denying domination. (shrink)

This article intends to contribute to the science–religion historiography with two topics—philology and the construction of national identities—that can help provide a more complex picture of the relations between science and religion. We use the life and work of the Mallorcan Catholic priest Antoni Maria Alcover (1862–1932) as a case study that puts language, linguistics, and nationalism on the board of science and religion studies. Alcover was the main driving force of the Catalan Dictionary, a collective enterprise that set out (...) to inventory the complete oral and literary lexicon of this language, and which mobilized thousands of people, many of which were clergymen, from all over the Catalan‐speaking territories. In the article, we will explore Alcover's education; the way he established a link between language, religion, and fatherland; the shaping of his identity as a philologist in the image mainly of new German notions and practices; as well as his role in the institutionalization process of the Catalan language as a scientific language, as a language for science and for religion. (shrink)

_ Source: _Volume 48, Issue 1, pp 1 - 28 This paper is an attempt to think through Derrida’s newly discovered _Geschlecht III_, the third and missing installment of Derrida’s four part series on Heidegger and _Geschlecht_. I argue that Derrida’s reading of Heidegger in _Geschlecht III_ needs to be situated within the philosophico-political context of Derrida’s 1984–85 seminar—given under the general title _Philosophical Nationality and Nationalism_—from which _Geschlecht III_ is extracted. In the first part of the paper, I reconstruct (...) Derrida’s general problematic of national-humanism as he lays it out in the opening sessions of the seminar, before arriving at his reading of Heidegger, who will be part of “a sequence of German national-philosophism,” as Derrida calls it. In the second part, the paper turns explicitly to _Geschlecht III_ where, as I show, Derrida’s thoroughgoing denunciation of a national-humanism in Heidegger becomes all the more telling when seen through the theoretical matrix of the seminar. (shrink)

Depuis le début des années 1990 un groupe de chercheurs catalans, réunis autour de Cristina Borderías dans le groupe « Treball, Institucions i Gènere » (TIG) de l’université de Barcelone, a profondément renouvelé les approches de l’histoire du travail en Espagne en y intégrant l’approche de genre sans pour autant renoncer aux acquis de l’héritage historiographique marxiste. Ce livre, quatrième d’une collection qui rend compte des recherches du collectif, est un exemple particulièrement intére...

El artículo examina dos concepciones de la imagen de la filosofía clásica, para ensayar una relectura de la aparición digital o “imagen-pixel”. De Platón se considera la idea de imagen como symploké de ser y no ser: la imagen, como una piel diáfana que acompaña a las cosas, se desprende, cual fina película, de las cosas mismas y puede ser inscrita sobre una superficie. De Aristóteles se examina el concepto de lo diáfano, una potencia común a todos los cuerpos, la (...) que opera como instancia intermediaria para la emergencia de lo visible. Ambas concepciones ayudan a comprender la radicalidad de la imagen digital, entendida como una modalidad inmanente del ‘aparecer’ que no se inscribe sobre ninguna superficie ni medio, llevándonos a pensar en la figura de un nuevo diáfano hipermedial. This article examines two conceptions around the image of classical philosophy, in order to rehearse a re-reading of the digital appearance or “image-pixel”. From Plato, we consider the idea of the image as symploke of being and not being: the image, as a translucent skin that accompanies all things, comes off, like a fine film, from those same things, and can be inscribed on a surface. From Aristotle, the concept of the diaphanous is examined, a common potency to everything, which operates as an intermediary instance for the emergence of the visible things. Both concepts help to understand the radical nature of the digital image, understood as an immanent modality of the ‘appearance’ that is not inscribed on any surface or support, leading us to think of the figure of a hyper-medial new diaphaneity. (shrink)

This paper elaborates on the link between different types and degrees of experience that can be gone through within a form of life or collectivity—the so-called levels of immersion—and the development of distinct types of tacit knowledge and expertise. The framework is then probed empirically and theoretically. In the first case, its ‘predictions’ are compared with the accounts of novices who have gone through different ‘learning opportunities’ during a pre-operational training programme for running a huge nickel industrial plant in Brazil. (...) These are also analysed vis-à-vis the experience of an expert who has designed and experienced the outcomes of two pre-operational training sessions in the nickel industry before developing and managing the one discussed here. Theoretically, the framework is used to pinpoint exactly what interactional experts who have developed their expertise through linguistic socialisation alone are able to do as well as to analyse the case of technical connoisseurs. The results indicate that the proposed framework is useful. It supports the design and improvement of training programmes for the development of tacit knowledge while at the same time bringing about a refined analysis of claims concerning the abilities of types of experts and expertise. (shrink)

How can we identify and estimate workers’ tacit knowledge? How can we design a personnel mix aimed at improving and speeding up its transfer and development? How is it possible to implement tacit knowledge sustainable projects in remote areas? In order to answer these questions, it is necessary to distinguish between types of tacit knowledge, to establish what they allow for and to consider their sources. It is also essential to find a way of managing the tacit knowledge ‘stock’ and (...) distribution within the workforce. In short, a conceptual framework is needed to manage tacit knowledge. Based on previous works and 2 years of action research, this paper introduces such a framework and describes its partial application to support the pre-operational training and hiring in a large industrial plant in Brazil. Two contributions emerge from the research. First, the concept of ‘levels of similarity’ is introduced as a means to qualify the experience of workers and estimate the associated tacit knowledge. Second, the capability of carrying out three types of judgement properly and speedily is put forward as being a core ability of those who possess what has been called ‘collective tacit knowledge’ (Collins in Organ Stud 28(2):257–262, 2007). In practical terms, the results indicate the opportunity for companies to capitalize on the experience and tacit knowledge of their workers in a systematic way and with due recognition. Ultimately, positive impacts are expected in their absorptive capacity as well as in their management and human resources systems, accident prevention, productivity and the development of sustainable projects in remote areas. (shrink)

All the osteological data analyzed in this article belongs to two muslim necropolis of Toledo. This study has enabled us to make inferences about the physical characteristics of the Andalusian population who lived in the city in the 8th-11th centuries. We have to keep in mind that Toledo has been a city open to the mixing of cultures and therefore, has received a great weight of external influences during Antiquity and the Middle Ages. For this reason, archaeologists must examine in (...) great detail characteristics such as the extension of the cemetery areas, the proportions of the graves and the placement of the bodies. However, the simplicity of the Muslim ritual, makes the skeletal remains one of the main subject of study. However, the special relevance that these maqābir have had for centuries, contrasts with the absence of scientific publications in relation to its anthropological study. In this sense, this work offers consistent and unpublished documentation of a society, whose strong indigenous component, has maintained its own impact during the process of Islamization. (shrink)

I propose a reading of some theoretical-critical texts published during the first decade of the twenty-first century, in order to perform a cartography of the complex weft of aesthetic knowledge and, in doing so, to consider new inflections and points of view to read the arts, the literature and its policies. The inquiries of Jacques Rancière, Andreas Huyssen, Nicolás Bourriaud, Reinaldo Laddaga and Néstor García Canclini are projected on the contemporary scene as reformulations of a discourse that tries to refer (...) the work with form and sensation, now disseminated as a production that reorganizes the material an symbolic conditions of art in its dialogue with the world. Each of these authors make unique characterization of contemporary aesthetics, all of which question the modern disciplinary rigidity to identify aesthetic practices as acts that can reorganize the sense of community and the ways of life through sensible exploration. (shrink)

Our aim is to cast light on socioeconomic residential segregation effects on life satisfaction. In order to test our hypothesis, we use survey data from Chile for the years 2011 and 2013. We use the Duncan Index to measure segregation based on income at the municipality level for 324 municipalities. LS is obtained from the CASEN survey, which considers a question about self-reported well-being. Segregation’s impact upon LS is not clear at first glance. On one hand, there is evidence telling (...) that segregation’s consequences are negative due to the spatial concentration of poverty and all the woes related to it. On the other hand, segregation would have positive effects because people may feel stress, unhappiness, and alienation when comparing themselves to better-off households. Additionally, there is previous evidence regarding the fact that people prefer to neighbor people of a similar socioeconomic background. Hence, an empirical test is needed. In order to implement it, we should deal with two problems, first, the survey limited statistical significance at the municipal level, hence we use the small area estimation methodology to improve the estimations’ statistic properties, and second, the double causality between segregation and LS; to deal with the latter, we include lagged LS as a regressor. Our findings indicate that socioeconomic segregation has a positive effect on LS. This result is robust to different econometric specifications. (shrink)

This article presents an interpretation of Cyrus’ psychology in Xenophon'sCyropaedia. Its point is that Cyrus’ psychological structure is composed by a set of three desires (philotimía, philanthrōpía, philomátheia) given by nature and a set of virtues (sōphrosúnēandenkráteia) acquired by education. The paper will argue that Cyrus, as an enkratic ruler, does not long for any kind of honours, but is guided by truephilotimía, that is, the desire for true honours—honours freely given by gratitude or admiration.philanthrōpíais the key to achieve these (...) honours, since it naturally prompts a benevolent and generous behaviour. At the same time,philomátheiaprovides the desire of knowledge necessary to acquire the techniques in order to accomplish ambitious and philanthropic deeds. Therefore, confronting those who have posed negative interpretations of Cyrus, the article will argue that the uncommon combination of these psychological predispositions makes Cyrus a virtuous and effective ruler. (shrink)

This paper tracks Derrida’s allusion to the “phoenix motif” in the recently published Life Death seminar, showing how it foreshadows and overlaps with the political problematic of “national humanism” made explicit in Geschlecht III. I argue that, be it in Hegel, Fichte, Nietzsche, or Heidegger, biological life is always in the service of a spiritual life that finds its breath in a certain reappropriation of the German idiom. Following Derrida, I argue that this “philosophy-of-life German” (cet allemand philosophe de la (...) vie) introduces a sinister equivocality between these thinkers and National Socialism, and this in spite of all their prudence to shield their discourses from such a co-option. (shrink)

This paper tracks Derrida’s allusion to the “phoenix motif” in the recently published Life Death seminar, showing how it foreshadows and overlaps with the political problematic of “national humanism” made explicit in Geschlecht III. I argue that, be it in Hegel, Fichte, Nietzsche, or Heidegger, biological life is always in the service of a spiritual life that finds its breath in a certain reappropriation of the German idiom. Following Derrida, I argue that this “philosophy-of-life German” introduces a sinister equivocality between (...) these thinkers and National Socialism, and this in spite of all their prudence to shield their discourses from such a co-option. (shrink)

Aesthetics and communications theories are often applied to art, media and popular culture but not within legal empirical (audiovisual) material—despite the fact that a judicial and legal process comprises a palpable utilisation of the visual as evidence of an historical reality. Based on four distinct Swedish cases, this study analyses the court’s reasoning, interpretation and use of (audio)visual evidence. Inspired by an embodied film theory, Benjamin’s thoughts on the technical-dramaturgical components of the camera and the later Barthes’ notion of the (...) ‘punctum’, the article discusses how (audio)visual evidence cannot be disconnected from affective and aesthetic significances that ultimately can be taken to affect the perception of truth and (the crime’s) reality. The gap between theory and practice is debated and argued as beginning to co-exist; instead of seeing (visual) theory and (judicial) practice as a dichotomy, an attempt should be made for a conversation between seemingly different but in practice related areas of knowledge. The author’s aim is to suggest that photographic and filmic evidence has a particular significance in itself, which means that the relation between (judicial) interpretation and outcome should be considered within an affective and aesthetic dimension, rather than being placed and/or theorized outside of it. (shrink)