Boutwerk, Balthazar Barbosa, Willaschek e os Paradoxos da Filosofia do Direito de Kant

2020 ◽  
Vol 22 (2) ◽  
pp. 1-27
Author(s):  
João Carlos Brum Torres

O artigo tem por objeto o exame de três registros de gritantes e distintos paradoxos na Doutrina do Direito de Kant. Registros feitos em tempos e contextos históricos diferentes por Friedrich Bouterwek, Marcus Willaschek e Balthazar Barbosa Filho. Bouterwek atribuiu a Kant a mais paradoxal das proposições jamais enunciadas por qualquer autor, a de que a mera ideia de soberania deve obrigar-nos a obedecer como a nosso inquestionável senhor a quem quer que se haja estabelecido como tal, sem que caiba indagar quem lhe deu o direito de comandar-nos. Willaschek aponta a incompatibilidade de duas teses centrais da doutrina kantiana: a do caráter externo dos vínculos jurídicos e a da incondicionalidade obrigacional do direito positivo, pois não é possível entender como é possível termo-nos como obrigados por imperativos jurídicos e, ao mesmo, vermo-nos internamente isentados do dever de obedecê-los. O ponto crítico de Balthazar é alegar que não pode haver na filosofia kantiana uma crítica da razão político e jurídica, simplesmente porque o conceito de imputação, base da normatividade própria dessas esferas, pressupõe uma pluralidade de agentes livres que, justamente, só pode ser uma pressuposição, pois nosso acesso à normatividade prática só pode ter lugar em primeira pessoa. No exame a que o artigo submete essas alegações, o artigo argumenta, em objeção à tese de Balthazar, que o caráter universal e categórico da força que vincula o sujeito quando confrontado com a lei moral em primeira pessoa necessariamente se desvaneceria se, ao mesmo tempo, ele não fosse tomado pela evidência de que a realidade objetiva dos princípios morais é não só instanciável, mas assegurada pela múltipla instanciação. Com relação às dificuldades levantadas por Willaschek e Bouterwek, o artigo argumenta que o princípio exeundum e statu naturali, enquanto norma metapositiva, anterior à divisão do domínio prático entre doutrina do direito e doutrina da virtude, permite ao mesmo tempo compreender a exigência de obediência ao poder constituído e a restrição das obrigações jurídico-políticas exclusivamente ao foro externo.AbstractThe object of the article is to examine three claims about three distinct and allegedly blatant paradoxes in Kant's Doctrine of Right. These three critical points had been made in distinct times and contexts by Friedrich Bouterwek, Marcus Willaschek e Balthazar Barbosa Filho. Bouterwek attributed to Kant the most paradoxical of all paradoxical propositions, the statement that by the mere idea of sovereignty we are obliged to obey as our lord who has imposed himself upon us, without questioning from where he got such right. Willaschek points out the incompatibility of two main theses of Kantian doctrine of right: the claims that the legal bounds are of external character and that they are the source of unconditional obligations, since it seems impossible to understand how it would be possible to be obliged by juridical norms and decisions and at the same time to be exempted of the internal duty of compliance. The radical objection of Professor Balthazar is the claim that in the context of Kantian Philosophy it is impossible to admit a critique of the juridical and political reason because the concept of imputation, ground of the normativity in these domains, requires not only the presupposition of free agents, but a true and secure epistemic access to them, which is, according to him, impossible considering that the moral law and the other practical principles are accessible for us only in the first person. In the course of the appraisal of such claims, the article contest that objection arguing that the universal and categorical force of the normative bound experienced by the subject when confronted with the moral law in the first person would ineluctably vanish if, at the same time, he had not been taken by the evidence that the objective reality of the moral principles is secured by multiple instancing. Regarding the difficulties raised by Willaschek and Bouterwek, the article argues that the principle exeundum e statu naturali, as a norm of meta-positive character, prior to the division of practical domains between the doctrine of right and the doctrine of virtue, is the cue both to the understanding of the requirement of unquestioning obedience to the constituted power and to the restriction of the validity of this requirement only in foro externo.

2013 ◽  
Vol 35 (2) ◽  
pp. 165-187
Author(s):  
E. S. Burt

Why does writing of the death penalty demand the first-person treatment that it also excludes? The article investigates the role played by the autobiographical subject in Derrida's The Death Penalty, Volume I, where the confessing ‘I’ doubly supplements the philosophical investigation into what Derrida sees as a trend toward the worldwide abolition of the death penalty: first, to bring out the harmonies or discrepancies between the individual subject's beliefs, anxieties, desires and interests with respect to the death penalty and the state's exercise of its sovereignty in applying it; and second, to provide a new definition of the subject as haunted, as one that has been, but is no longer, subject to the death penalty, in the light of the worldwide abolition currently underway.


Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.


2018 ◽  
Vol 11 (2) ◽  
pp. 41-51 ◽  
Author(s):  
I. Ya. Lukasevich

The subject of the research is new tools for business financing using the initial coin offering (ICO) in the context of the development of cryptocurrencies and the blockchain technologies as their basis. The purpose of the work was to analyze the advantages and disadvantages of the ICO in comparison with traditional financial tools as well as prospects, limitations and problems of using digital financial tools. Conclusions are made in relation to possibilities, limitations and application areas of digital business financing tools, particularly in the real sector, taking into account the specifics of the Russian economy and legislation. It is shown that the main problems of using the digital financial tools are related to the economic sphere and caused by the lack of adequate approaches to evaluation of assets as well as the shortage of objective information. The problems and new tasks of corporate finance in the digital economy are defined.


1983 ◽  
Vol 22 (1) ◽  
pp. 57-61
Author(s):  
Shahrukh Rafi Khan

The book under review is a compilation of the author's articles and lectures that highlight the prominent developments in the literature on the subject of Islamic banking and inform the reader of the current state of debate on it. One of the earliest and main contributors to this topic is the author himself. The focus of this review will mainly be on "Economics of Profit-Sharing", which is the title of the fourth chapter of the book and is among his latest contributions. This chapter is a significant contribution as it is the first attempt to formalise the concept of profit sharing into an analytical model and, therefore, demands closer scrutiny. However, in the remaining chapters of the book, the author has drawn attention to some of the fine points made in the literature on this topic. Since some of these points appear to be controversial to me, I will briefly discuss them before moving on to the analytical chapter of the book.


2019 ◽  
pp. 74-98
Author(s):  
A.B. Lyubinin

Review of the monograph indicated in the subtitle V.T. Ryazanov. The reviewer is critical of the position of the author of the book, believing that it is possible and even necessary (to increase the effectiveness of General economic theory and bring it closer to practice) substantial (and not just formal-conventional) synthesis of the Marxist system of political economy with its non-Marxist systems. The article emphasizes the difference between the subject and the method of the classical, including Marxist, school of political economy with its characteristic objective perception of the subject from the neoclassical school with its reduction of objective reality to subjective assessments; this excludes their meaningful synthesis as part of a single «modern political economy». V.T. Ryazanov’s interpretation of commodity production in the economic system of «Capital» of K. Marx as a purely mental abstraction, in fact — a fiction, myth is also counter-argued. On the issue of identification of the discipline «national economy», the reviewer, unlike the author of the book, takes the position that it is a concrete economic science that does not have a political economic status.


Author(s):  
Steven J. R. Ellis

This chapter examines the socio-economic motivations behind the shaping of retail landscapes in Roman cities. It is about who opened retail outlets, as well as why and where. After critiquing some of the normal methods for illustrating the locations of shops and bars, including the conventional distribution plan itself, as well as questioning the economic rationality of operating tabernae, this chapter argues for the value in complicating our otherwise basic understanding of why urban investments were made in the places we find them. Rather than accepting profit as the single motivation to urban investment, a range of social, economic, and political motivations are considered as an explanation for the ultimate shape of Roman retail landscapes. Thus beyond discussions of space and urban topography, the subject of this chapter is investment.


Author(s):  
András Bárány

This chapter turns to object agreement with personal pronouns in Hungarian. Pronouns are interesting because they do not always trigger agreement with the verb: first person objects never trigger object agreement (morphology), and second person pronouns only do with first person singular subjects. It is proposed that the distribution of object agreement is a morphological effect and argues that all personal pronouns do in fact trigger agreement, but agreement is not always spelled out. This means that Hungarian has an inverse agreement system, where the spell-out of agreement is determined by the relative person feature (or person feature sets) of the subject and the object. A formally explicit analysis of the syntax and the morphological spell-out of agreement is provided.


Sensors ◽  
2021 ◽  
Vol 21 (14) ◽  
pp. 4901
Author(s):  
Lucjan Setlak ◽  
Rafał Kowalik

Sometimes, it is impossible to conduct tests with the use of the GNSS system, or the obtained results of the measurements made differ significantly from the predicted accuracy. The most common cause of the problems (external factors, faulty results) are interference disturbances from other radio telecommunication systems. The subject of this paper is to conduct research, the essence of which is an in-depth analysis in the field of elimination of LTE interference signals of the GNSS receiver, that is based on the developed effective methods on counteracting the phenomenon of interference signals coming from this system and transmitted on the same frequency. Interference signals are signals transmitted in the GNSS operating band, and unwanted signals may cause incorrect processing of the information provided to the end-user about his position, speed, and current time. This article presents methods of identifying and detecting interference signals, with particular emphasis on methods based on spatial processing of signals transmitted by the LTE system. A comparative analysis of the methods of detecting an unwanted signal was made in terms of their effectiveness and complexity of their implementation. Moreover, the concept of a new comprehensive anti-interference solution was proposed. It includes, among others, information on the various stages of GNSS signal processing in the proposed system, in relation to the algorithms used in traditional GNSS receivers. The final part of the article presents the obtained research results and the resulting significant observations and practical conclusions.


2002 ◽  
Vol os9 (1) ◽  
pp. 9-13 ◽  
Author(s):  
Raman Bedi ◽  
Jackie A Champion ◽  
Roger Davies

Introduction In order to promote training and education in special-needs dentistry an attempt was made to introduce problem-based learning (PBL) as a method of postgraduate dental education. The aim of this paper was to review the principles of PBL and report on a case study using this methodology. Method The case study was of a PBL session, on the subject of ‘problems of obtaining appropriate dental care for people with epilepsy’, undertaken at a national conference. Delegates were asked to complete a pre- and post-session questionnaire on PBL and their attitudes to the session. Results The session received a mixed response. Only 33 (35%) thought the session was valuable and only 20 (31%) thought it was better than conventional teaching methods and yet over half (55%) said they would like to attend more PBL in special-needs dentistry. Professionals complementary to dentistry were more likely to find the PBL session of value and to prefer the method to a more conventional format than dentists were (chi-square=5.5, df=1, p<0.05 and chi-square=5.9, df=1, p<0.05 respectively). Conclusion Valuable feedback was received from delegates. This will enable improvements to be made in future courses so that the effectiveness of PBL can be optimised.


The fine cakes of the kind of steel called Wootz, which form the subject of the present paper, were delivered to Mr. Mushet, for the purpose of examination, by Sir Joseph Banks. Mr. Mushet begins his account of them by giving a very minute description of the form, the grain, and every other external character of these cakes. This description cannot well be abridged, and is too long to be repeated. We shall therefore only say that Mr. Mushet states, as a general remark, that the grain and density of these cakes of wootz were uniformly homogeneous, and free from metallic iron towards the under or round surface, but that they were always the reverse towards the upper side, called by Mr. Mushet the feeder. The appearances observed upon forging these cakes are then par­ticularly described, from which Mr. Mushet deduces the following general remarks.


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