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Leibniz E O Direito Brasileiro.Pdf
RENATO EUGENIO DE FREITAS PERES UMA REVISÃO DAS POSSÍVEIS FONTES LEIBNIZIANAS NA FORMAÇÃO DA CIÊNCIA JURÍDICA BRASILEIRA: UM ESTUDO DA OBRA DE AUGUSTO TEIXEIRA DE FREITAS Dissertação apresentada à Banca Examinadora da Pontifícia Universidade Católica de São Paulo como exigência parcial para obtenção do título de Mestre em História da Ciência, sob a orientação da Professora Doutora Ana Maria Alfonso-Goldfarb. Pontifícia Universidade Católica de São Paulo São Paulo 2005 0 RESUMO O presente trabalho trata da seguinte hipótese: Leibniz pode ter sido uma fonte de influência para o direito brasileiro? Para realizar tal investigação, examinamos com uma visão crítica a obra jurídica de dois autores: Gottfried Wilhelm Leibniz e Augusto Teixeira de Freitas. E o fizemos propondo duas situações que normalmente não são encontradas em trabalhos do gênero. Investigamos a obra jurídica de Leibniz porque embora seu nome seja muito conhecido pelo seu legado filosófico, ele foi também jurista citado como influência. Todavia, seus escritos sobre direito são pouco estudados. Em seguida, estudamos a obra de um jurista brasileiro do ponto de vista da história da ciência. Teixeira de Freitas foi muito importante na época de formação da ciência jurídica brasileira porque ele foi o autor da Consolidação das Leis Civis e do Esboço de Código Civil, textos que foram fundamentais para a teoria e para a prática do direito no Brasil no século XIX. Tratamos de apurar o que Leibniz escreveu em matéria de direito, o que há disponível traduzido para o português ou não, e o que pode ser encontrado na Biblioteca da Faculdade de Direito de São Paulo. -
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chapter 7 Men, Monsters and the History of Mankind in Vattel’s Law of Nations Pärtel Piirimäe 1 Introduction Emer de Vattel has been widely considered a seminal figure in the European tradition of the law of nations. While attaching himself to the earlier tradition of natural jurisprudence, he offered a normative system of the law of nations that was more firmly and explicitly anchored to the political practice of his contemporary Europe than were the doctrines of his predecessors. Vattel pro- moted the practical applicability of his Droit des gens (1758), stressing that it was not so much written for interested ‘private individuals’, i.e. other scholars or the general public, but it was a ‘law of sovereigns’ that was primarily in- tended for ‘them and their ministers’. It would not help much, he explained, if his maxims were studied only by those who had no influence over public affairs; the ‘conductors of states’, on the other hand, if they chose to learn this science and adopt its maxims as the ‘compass’ for their policies, could produce many ‘happy results’.1 Vattel emphasized the easy comprehension and applica- bility of his book, contrasting his approach with that of Christian Wolff, whose treatise on the law of nations could be understood only if one ‘previously stud- ied sixteen or seventeen quarto volumes which precede it’.2 As Vattel famous- ly declared, his original intention was to introduce Wolff’s system to a wider readership, by rendering his rigid and formal work more ‘agreeable and better calculated to ensure it a reception in the polite world’.3 While it is clear that Vattel’s work amounted to much more than a system- atic account of Wolff’s principles,4 it is in the manner of presentation that the differences between the two scholars are the most striking. -
Philosophy and the Foreigner in Plato's Dialogues
Philosophy and the Foreigner in Plato’s Dialogues By Rebecca LeMoine A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Political Science) at the UNIVERSITY OF WISCONSIN-MADISON 2014 Date of final oral examination: 06/20/2014 The dissertation is approved by the following members of the Final Oral Committee: Richard Avramenko, Associate Professor, Political Science Alex Dressler, Assistant Professor, Classics Daniel Kapust, Associate Professor, Political Science Helen Kinsella, Associate Professor, Political Science John Zumbrunnen, Professor, Political Science i ABSTRACT The place of foreigners in Plato’s thought remains understudied despite the prevalence of foreign characters, myths, and practices throughout his dialogues. Attending to this gap in the scholarly literature, this dissertation challenges conventional depictions of Plato as hostile to diversity by showing that Plato makes a compelling case for why we should engage with foreigners: the epistemological benefits of cross-cultural engagement. Through exegetical readings of the Republic, Laws, Phaedrus, and Menexenus, I argue that Plato finds cross-cultural dialogue epistemologically beneficial owing to its ability to provoke us to philosophize together, an activity at once conducive to the quest for wisdom and generative of friendship. Put simply, conversations with foreigners perform the same role as the Socratic gadfly of stinging us into consciousness. This finding has major implications for the field of political theory and, specifically, for the role of the new subfield commonly referred to as comparative political theory. By demonstrating the centrality of cross-cultural dialogue to Plato’s conception of political theory, this dissertation suggests that comparative political theory is not a deviation from the tradition of Western political theory, but a restoration of it. -
Reply to Paul Cartledge's Democracy
SYMPOSIUM THE LIFE, THE IMAGE AND THE PROBLEMS OF DEMOCRACY REPLY TO PAUL CARTLEDGE’S DEMOCRACY: A LIFE BY JAMES KIERSTEAD © 2019 – Philosophy and Public Issues (New Series), Vol. 9, No. 2 (2019): 57-73 Luiss University Press E-ISSN 2240-7987 | P-ISSN 1591-0660 [THIS PAGE INTENTIONALLY LEFT BLANK] THE LIFE, THE IMAGE AND THE PROBLEMS OF DEMOCRACY Reply to Paul Cartledge’s Democracy: A Life James Kierstead t’s been a about a couple of years now since I read Paul Cartledge’s excellent, and highly readable, ‘life’ of democracy, and almost a year since my review of it was I published in Polis (Kierstead 2018a). What Professor Cartledge probably doesn’t know is that my review was rejected from the journal that originally commissioned it for being too harsh! Professor Cartledge himself, of course, had no need of such ‘protection,’ and when the review did come out in Polis I was delighted to see an email from him thanking me for the close reading I’d given his work. A robust but friendly exchange ensued over email; and I’m now doubly delighted to have the opportunity of continuing that conversation with him here. At the core of Cartledge’s statement for this volume is a summary of the three main objectives he had for his book. The main effect this section had on me was to remind me once again of how much I found to agree with in his basic view of the history of democracy. I think he is right, for example, that democracy first came into being in ancient Greece. -
Female Property Ownership and Status in Classical and Hellenistic Sparta
Female Property Ownership and Status in Classical and Hellenistic Sparta Stephen Hodkinson University of Manchester 1. Introduction The image of the liberated Spartiate woman, exempt from (at least some of) the social and behavioral controls which circumscribed the lives of her counterparts in other Greek poleis, has excited or horrified the imagination of commentators both ancient and modern.1 This image of liberation has sometimes carried with it the idea that women in Sparta exercised an unaccustomed influence over both domestic and political affairs.2 The source of that influence is ascribed by certain ancient writers, such as Euripides (Andromache 147-53, 211) and Aristotle (Politics 1269b12-1270a34), to female control over significant amounts of property. The male-centered perspectives of ancient writers, along with the well-known phenomenon of the “Spartan mirage” (the compound of distorted reality and sheer imaginative fiction regarding the character of Spartan society which is reflected in our overwhelmingly non-Spartan sources) mean that we must treat ancient images of women with caution. Nevertheless, ancient perceptions of their position as significant holders of property have been affirmed in recent modern studies.3 The issue at the heart of my paper is to what extent female property-holding really did translate into enhanced status and influence. In Sections 2-4 of this paper I shall approach this question from three main angles. What was the status of female possession of property, and what power did women have directly to manage and make use of their property? What impact did actual or potential ownership of property by Spartiate women have upon their status and influence? And what role did female property-ownership and status, as a collective phenomenon, play within the crisis of Spartiate society? First, however, in view of the inter-disciplinary audience of this volume, it is necessary to a give a brief outline of the historical context of my discussion. -
18 Porter 1784
ROY PORTER Wellcome Library, London Roy Sydney Porter 1946–2002 I WHEN ROY PORTER DIED on 4 March 2002, he had been recognised as an original, prolific and influential historian for a considerable time. He had been preternaturally productive for about three decades; in addition to his numerous and diverse writings, he was a frequent broadcaster and public speaker. Many people knew about him, his writings and ideas far beyond the confines of academia. He was both public historian and public intel- lectual. Roy worked prodigiously and with a special kind of energy. Since he published so much, it is tempting to list his achievements and to stress the sheer volume of work he produced. But to do so would miss the defin- ing features of the man and of his legacy. In assessing his impact and pay- ing just regard to his ideas and their influence, it is necessary to grasp the drives that lay behind this extraordinary and inspiring man. In writing this memoir I have had in mind those features of his life and work that seem to me to have been most fundamental; they provide the threads that were woven into his existence. I am thinking especially of his work ethic, his dedication to his students, his energy, his attachment to his roots, his capacity to bring people together, to positively exude encouragement and to embrace the tawdry, ugly and desperate parts of humanity’s past as well as its more elegant and elevated manifestations. The broad contours of Roy Porter’s life are familiar. Born on 31 December 1946, his early days are briefly sketched, and in moving terms, in his Preface to London: a Social History (1994). -
Republican Citizenship Richard Dagger University of Richmond, [email protected]
University of Richmond UR Scholarship Repository Political Science Faculty Publications Political Science 2002 Republican Citizenship Richard Dagger University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/polisci-faculty-publications Part of the American Politics Commons, and the Political Theory Commons Recommended Citation Dagger, Richard. "Republican Citizenship." In Handbook of Citizenship Studies, edited by Engin F. Isin and Bryan S. Turner, 145-57. Thousand Oaks: Sage Publications, 2002. This Book Chapter is brought to you for free and open access by the Political Science at UR Scholarship Repository. It has been accepted for inclusion in Political Science Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. 9 Republican Citizenship RICHARD DAGGER To speak of republican citizenship is to risk There might also be no need for this confusion, at least in the United States, chapter if it were not for the revival of where it is often necessary to explain that scholarly interest in republicanism in recent one is referring to 'small-r' republicanism years. Such a revival has definitely rather than a position taken by the Republi occurred, though, and occurred simultane can Party. But just as one may be a democrat ously with a renewed interest in citizenship. without being a Democrat, so one may be a This coincidence suggests that republican republican without being a Republican. The citizenship is well worth our attention, not ideas of democracy and the republic are far only for purposes of historical understand older than any political party and far richer ing but also as a way of thinking about than any partisan label can convey - rich citizenship in the twenty-first century. -
American Civil Associations and the Growth of American Government: an Appraisal of Alexis De Tocqueville’S Democracy in America (1835-1840) Applied to Franklin D
City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 2-2017 American Civil Associations and the Growth of American Government: An Appraisal of Alexis de Tocqueville’s Democracy in America (1835-1840) Applied to Franklin D. Roosevelt's New Deal and the Post-World War II Welfare State John P. Varacalli The Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/1828 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] AMERICAN CIVIL ASSOCIATIONS AND THE GROWTH OF AMERICAN GOVERNMENT: AN APPRAISAL OF ALEXIS DE TOCQUEVILLE’S DEMOCRACY IN AMERICA (1835- 1840) APPLIED TO FRANKLIN D. ROOSEVELT’S NEW DEAL AND THE POST-WORLD WAR II WELFARE STATE by JOHN P. VARACALLI A master’s thesis submitted to the Graduate Program in Liberal Studies in partial fulfillment of the requirements for the degree of Master of Arts, The City University of New York 2017 © 2017 JOHN P. VARACALLI All Rights Reserved ii American Civil Associations and the Growth of American Government: An Appraisal of Alexis de Tocqueville’s Democracy in America (1835-1840) Applied to Franklin D. Roosevelt’s New Deal and the Post World War II Welfare State by John P. Varacalli The manuscript has been read and accepted for the Graduate Faculty in Liberal Studies in satisfaction of the thesis requirement for the degree of Master of Arts ______________________ __________________________________________ Date David Gordon Thesis Advisor ______________________ __________________________________________ Date Elizabeth Macaulay-Lewis Acting Executive Officer THE CITY UNIVERSITY OF NEW YORK iii ABSTRACT American Civil Associations and the Growth of American Government: An Appraisal of Alexis de Tocqueville’s Democracy in America (1835-1840) Applied to Franklin D. -
The Communitarian Critique of Liberalism Author(S): Michael Walzer Reviewed Work(S): Source: Political Theory, Vol
The Communitarian Critique of Liberalism Author(s): Michael Walzer Reviewed work(s): Source: Political Theory, Vol. 18, No. 1 (Feb., 1990), pp. 6-23 Published by: Sage Publications, Inc. Stable URL: http://www.jstor.org/stable/191477 . Accessed: 24/08/2012 12:14 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Sage Publications, Inc. is collaborating with JSTOR to digitize, preserve and extend access to Political Theory. http://www.jstor.org THE COMMUNITARIAN CRITIQUE OF LIBERALISM MICHAEL WALZER Institutefor A dvanced Study 1. Intellectualfashions are notoriously short-lived, very much like fashions in popularmusic, art, or dress.But thereare certainfashions that seem regularlyto reappear. Like pleated trousers or short skirts, they are inconstant featuresof a largerand more steadily prevailing phenomenon - in this case, a certainway of dressing. They have brief but recurrent lives; we knowtheir transienceand excepttheir return. Needless to say,there is no afterlifein whichtrousers will be permanentlypleated or skirtsforever short. Recur- renceis all. Althoughit operatesat a muchhigher level (an infinitelyhigher level?) of culturalsignificance, the communitarian critique of liberalismis likethe pleatingof trousers:transient but certainto return.It is a consistently intermittentfeature of liberalpolitics and social organization.No liberal successwill make it permanently unattractive. -
Download PDF Datastream
City of Praise: The Politics of Encomium in Classical Athens By Mitchell H. Parks B.A., Grinnell College, 2008 Submitted in partial fulfillment of the requirements for the Degree of Doctor of Philosophy in the Department of Classics at Brown University PROVIDENCE, RHODE ISLAND MAY 2014 © Copyright 2014 by Mitchell H. Parks This dissertation by Mitchell H. Parks is accepted in its present form by the Department of Classics as satisfying the dissertation requirement for the degree of Doctor of Philosophy. Date Adele Scafuro, Adviser Recommended to the Graduate Council Date Johanna Hanink, Reader Date Joseph D. Reed, Reader Approved by the Graduate Council Date Peter M. Weber, Dean of the Graduate School iii Curriculum Vitae Mitchell H. Parks was born on February 16, 1987, in Kearney, NE, and spent his childhood and adolescence in Selma, CA, Glenside, PA, and Kearney, MO (sic). In 2004 he began studying at Grinnell College in Grinnell, IA, and in 2007 he spent a semester in Greece through the College Year in Athens program. He received his B.A. in Classics with honors in 2008, at which time he was also inducted into Phi Beta Kappa and was awarded the Grinnell Classics Department’s Seneca Prize. During his graduate work at Brown University in Providence, RI, he delivered papers at the annual meetings of the Classical Association of the Middle West and South (2012) and the American Philological Association (2014), and in the summer of 2011 he taught ancient Greek for the Hellenic Education & Research Center program in Thouria, Greece, in addition to attending the British School at Athens epigraphy course. -
181 Chapter VII a World of Many
181 Chapter VII A World of Many: Giving up the Belief in the Possibility of Universal Rule (1648/59 – 1714) A Description of the “State” of the Holy Roman Empire Slightly less than twenty years after the treaties of Munster and Osnabrück, the jurist and historian Samuel von Pufendorf (1632 – 1694) clad his description of the Holy Roman Empire into a fictitious travel report. He took the role of a Veronese citizen named Severinus de Monzambano, explaining to his alleged brother the oddities of the form of government of the Empire. The choice of Veronese identity had not been random, as the city of Verona the lay on Venetian territory and, from the fourteenth century, Venice had no longer been considered part of the Empire,1 from the turn towards the sixteenth century even as the foe of the Emperor. Pufendorf explained the form of government of the Empire in historical terms, described the processes by which the centre of rule had shifted from the Italian Peninsula to areas north of the Alps and, at the very beginning of his report, made it clear that the Empire was known by the wrong official name. Instead of “Holy Roman Empire”, it should, Pufendorf insisted, be called the “new state of the Germans”, because it had nothing to do with the ancient empire of the Romans. It was a grave mistake, he wrote, to believe that this ancient empire of the Romans had continued to be in existence. Quite on the contrary, the empire, whose capital the city of Rome had once been, had been destroyed. -
From Global Entertainment to Amazonian Tecnobrega: Mobility in Contemporary Entertainment Practices
From Global Entertainment to Amazonian Tecnobrega: Mobility in Contemporary Entertainment Practices Marcio Bahia Thesis submitted to the Faculty of Graduate and Postdoctoral Studies In partial fulfillment of the requirements For the PhD degree in Spanish Department of Modern Languages and Literatures Faculty of Arts University of Ottawa © Marcio Bahia, Ottawa, Canada, 2011 1 Abstract Notions such as transference, movement, transit and mobility have become fundamental to understand the mechanisms that rule the circulation, reception and production of contemporary cultural artifacts. In spite of the growing scholarship on the topic, very little attention has been given to a particular cultural arena: the realm of contemporary entertainment. By contemporary entertainment, I refer to a set of industrial products which are especially directed to urban young audiences: cartoons, comic books, computer games, blockbuster movies, theme park attractions, etc. This thesis argues that the realm of contemporary entertainment is marked by the presence of intense mobility, by movement and acceleration on at least two levels. First, movies (The Matrix, City of God, Run Lola Run, etc.), TV programs (the so- called “MTV aesthetics”), computer games (Doom or games based on blockbusters) and even cartoons for children (Spongebob, Pokémon, etc.) present frantic editing and engage the audiences’ senses through moving images in a vertiginous “bombardment” of signs – a phenomenon I will call kinesthesics. Second, the production and reception of these cultural objects take place in a highly intermedial environment: computer games become feature movies (Tom Raider, Resident Evil), comic books become feature movies (Sin City, Spiderman, etc.) feature movies become theme park attractions (Jurassic Park), theme park attractions become feature movies (Pirates of the Caribbean) and so on.