Esta dissertação tem como tema a guinada pragmática do juiz norte-americano Richard A. Posner e a aplicação de sua teoria da adjudicação pragmática aos casos difíceis. Para identificar o contexto em que se deu esta virada, apresentaremos em breve síntese a origem do pragmatismo nos Estados Unidos da América, suas implicações filosóficas e jurídicas para os paradigmas duais modernos, e sua influência no realismo jurídico. A virada linguística e da pós-modernidade darão forma a um neopragmatismo, cuja tônica será uma espécie de antifundacionalismo e antiteoria que será adotada por juristas a partir do final da década de 1980. Apresentado este cenário, adentrar-se-á ao trabalho de Richard Posner, destacando-se sua ascensão no movimento da Análise Econômica do Direito até que, influenciado por fragmentos das teorias enunciadas no primeiro capítulo e pelas críticas lançadas à redução do direito ao formalismo econômico, proporá uma releitura das possibilidades e dos limites da aplicação da economia ao direito, adotando uma abordagem mais abrangente e interdisciplinar, próxima ao pragmatismo jurídico. O pragmatismo de Posner terá como pilares a rejeição à autonomia do direito e a problemática da objetividade jurídica, fundamentada no consenso e na indeterminação mitigada do direito, que o levará a defender a impossibilidade de respostas certas aos casos difíceis e a incapacidade da filosofia moral auxiliar o direito. Posner oferecerá daí, uma visão própria de pragmatismo e razão prática, que constituirá o pragmatismo cotidiano e à teoria da adjudicação pragmática, sua relação com os métodos de outras áreas do conhecimento, com o formalismo e a concepção de razoabilidade, bem como a sua aplicação a um caso difícil. No terceiro e último capítulo deste trabalho, serão examinadas as dificuldades da proposta pragmática de Posner apontadas na crítica de Ronald Dworkin, sobretudo sobre o papel da objetividade no direito, a importância da filosofia moral na definição dos fins jurídicos e o perigo da transformação do empreendimento jurídico em um consequencialismo de regras. / This work proposes de analysis of the pragmatic turn of the American judge, Richard A. Posner and application of his theory of pragmatic adjudication to difficult cases. To identify the context in which this turn is given, we present in brief outline the origins of pragmatism in the United States of America, its philosophical implications and legal paradigms for modern dualisms, and its influence on legal realism. The linguistic turn and postmodernism will form a neo-pragmatism, whose keynote will be a kind of antifoundationalism and anti-theory that will be adopted by jurists from the late 1980\'s. Presented this scenario, we will enter into the work of Richard Posner, highlighting its emergence as a pioneer of the movement of Economic Analysis of Law until, influenced by fragments of the theories set out in the first chapter and reviews posted by the reduction of the right to economic formalism, propose a review of the possibilities and limits of application of economics, law, adopting a more comprehensive and interdisciplinary approach, the next legal pragmatism. The pillars of Posner\'s pragmatism will be the rejection of the autonomy of law and legal issues of objectivity, based on consensus and mitigated indeterminacy of law, which will lead to the adoption of the no-right answers thesis to difficult cases and the inability of moral theory to provide a solid basis for legal judgments. Posner then, offer a particular vision of pragmatism and practical reason, which constitute the everyday pragmatism and the theory of pragmatic adjudication, its relation with the methods of other areas of knowledge, with legal formalism and the concept of reasonableness, and its application to a difficult case. In the third and final chapter of this study will examine the difficulties of Posner\'s pragmatic proposal outlined in the critique of Ronald Dworkin, especially on the role of objectivity in the law, the importance of moral philosophy in defining the legal purposes and the danger of transformation of the enterprise legal in a rule-consequentialism.

Submitted by Diego Barros (diegobbarros@ufpa.br) on 2015-02-27T12:48:43Z No. of bitstreams: 2 license_rdf: 22974 bytes, checksum: 99c771d9f0b9c46790009b9874d49253 (MD5) Dissertacao_IgualdadePrevidenciaSocial.pdf: 629601 bytes, checksum: 0476eea309f01018cf795ae71e02d5c5 (MD5) / Approved for entry into archive by Ana Rosa Silva (arosa@ufpa.br) on 2015-03-09T12:30:21Z (GMT) No. of bitstreams: 2 license_rdf: 22974 bytes, checksum: 99c771d9f0b9c46790009b9874d49253 (MD5) Dissertacao_IgualdadePrevidenciaSocial.pdf: 629601 bytes, checksum: 0476eea309f01018cf795ae71e02d5c5 (MD5) / Made available in DSpace on 2015-03-09T12:30:21Z (GMT). No. of bitstreams: 2 license_rdf: 22974 bytes, checksum: 99c771d9f0b9c46790009b9874d49253 (MD5) Dissertacao_IgualdadePrevidenciaSocial.pdf: 629601 bytes, checksum: 0476eea309f01018cf795ae71e02d5c5 (MD5) Previous issue date: 2011 / O trabalho objetiva avaliar a importância do sistema de Previdência Social brasileiro no contexto contemporâneo dos Direitos Humanos a partir de sua análise sob a perspectiva da teoria igualitária de Ronald Dworkin. São expostas de forma sistematizada ideias elementares sobre a igualdade no contexto contemporâneo, com destaque para duas teorias liberais em voga: a igualdade de capacidades de Amartya Sen e a igualdade de recursos de Ronald Dworkin, e são definidas as razões pelas quais se opta pela teoria da igualdade dworkiana. Em seguida são apresentadas as principais características do direito à previdência social, numa perspectiva de enquadramento na teoria dos Direitos Humanos, expondo de forma geral os contornos da Previdência brasileira. Depois, passa-se a analisar alguns pontos centrais do sistema de Previdência, a fim de testar a teoria igualitária em elementos práticos, verificando a sua aplicabilidade ou não diante da realidade concreta da Previdência nacional. / The study evaluates the importance of the Brazilian Social Security system in the contemporary context of human rights from its analysis from the perspective of egalitarian theory of Ronald Dworkin. Are exposed systematic elementary ideas about equality in the contemporary context, with emphasis on two liberal theories in vogue: equal capabilities of Amartya Sen and equal resources of Ronald Dworkin, and sets out the reasons why opt for the theory by Dworkin. Following are the main features of the right to social security framework in the perspective of human rights theory, stating generally the contours of the Brazilian Social Security. After, examine some central points of the Social Security system in order to test the theory in practical elements equal, verifying their applicability or not before the reality of national Social Security.

The purpose of this thesis is to convey and to support my belief that learners' affective domain, which consist of their personalities, attitudes, and motivation are responsible for causing the variation in the levels of second language proficiency of second language learners. My concern is to point out or support others who believe that second language learners are not machines that are able and willing to be programmed; they have feelings and attitudes which in turn govern their personalities and motivation. I also believe that the main focus of second language teaching should be on the "persons" learning the language, instead of merely on the forms, rules, and structures of the second language itself. I hope that this study will provide insights to all second language teachers.

The rising cost of health care in the Philippines is a concern for the Department of Defense and TRICARE beneficiaries. The purpose of this quantitative cross-sectional research study was to determine the efficacy and acceptability of a different method to deliver health care to increase access to health care and decrease out-of-pocket costs while maintaining quality of care for TOP Standard beneficiaries who receive health care under the Philippine Demonstration. Secondary data was used to determine the acceptability of an alternative reimbursement methodology to decrease cost but maintain access to quality care. The Andersen's behavioral health care model and the Donabedian quality health care model were used to interpret the study results. A data set of 180 participants was evaluated using a cross-sectional quantitative methodology. Two Spearman correlations were used to examine the relationship between financial burden and satisfaction (r = .41, p < .001) and financial burden and confidence (r = .44, p < .001). Linear and binary regressions assessed the effects of age and gender on satisfaction with health care finder functionality when requesting a waiver (F (2,26) = 1.22, p = .313, R2 = .09). A computation of one-sample t-tests to determine the impact of a closed network, beneficiary out-of-pocket cost, and quality health care in Demonstration areas found the beneficiaries were satisfied with the demonstration. An analysis of the claims data pre and post demonstration showed a difference in the patients' out-of-pocket expenses and the acceptability and preference for a closed network. Social change was demonstrated by a decrease in the cost for TRICARE standard beneficiaries in the Philippines.

自一九四八年以色列建國以來, 美國和以色列便已建立外交關係,從布魯 門到布希, 先後歷經九位總統, 美以雙方在彼此認定的利益上,建立了錯 縱複雜的雙邊關係。用傳統的權力理論, 並無法解釋美以關係作為分析美 以關係的軸線, 用美以關係的發展為背景, 探討美國對以色列政策的演變 。除了對杜魯門到卡特時期略作分析之外, 本文特別將重點放在美以關係 最密切的雷根政府時期與最疏遠的布希政府時期。

In British Columbia (BC) foresters registered with the Association of BC Forest Professionals (ABCFP) have been given the exclusive right to practise professional forestry. As with all professions there is an expectation that Registered Professional Foresters (RPFs) conduct their activities in an ethical manner and are therefore obligated to act as an ethical agent on behalf of society regarding forest resources. If a certain level of ethical agency is desired of professionals we need to understand whether or not an RPF possesses the ability (defined as their discretion) to sufficiently fulfil this responsibility. Rule-based and principle-based standards of forest management, an RPF’s scope of practice, and the socio-political framework of public forest management in BC all come together to define an RPF’s discretionary context, which sets the limits to an RPF’s discretion. This context is highly idiosyncratic to a specific situation or decision and this makes the RPF’s discretion similarly idiosyncratic. This suggests that an RPF should not be accountable for a standard of ethical agency that does not reflect the context-dependent level of discretion they possess. Fifteen interviews of RPFs were conducted for this study to discuss their approach to ethical decision making. The analysis of the interviews revealed 12 major themes, several of which appear to be highly idiosyncratic to the situations described by the participants. The way these themes were perceived by the participants revealed the differences in the discretionary context of their situations. Several aspects of ethical deliberation emerged from the data that appear to be particular to broad employer categories, including delegated decision-making (government), economic and forest health considerations (industry), and the tension between personal and professional values (consultants).

This thesis addresses the historic debate between natural law theorists and positivists. After providing a foundation for the debate by discussing the thirteenth century natural law theory of St. Thomas Aquinas and the criticisms of it by positivist philosopher John Austin, this thesis turns to the theory of H.L.A. Hart. My primary aim is to outline a defense of the soft positivism of H.L.A. Hart in face of the criticisms of Ronald Dworkin by appealing to two nonexclusive roots of moral principles in the law: justice and criminal law.

In British Columbia (BC) foresters registered with the Association of BC Forest Professionals (ABCFP) have been given the exclusive right to practise professional forestry. As with all professions there is an expectation that Registered Professional Foresters (RPFs) conduct their activities in an ethical manner and are therefore obligated to act as an ethical agent on behalf of society regarding forest resources. If a certain level of ethical agency is desired of professionals we need to understand whether or not an RPF possesses the ability (defined as their discretion) to sufficiently fulfil this responsibility. Rule-based and principle-based standards of forest management, an RPF’s scope of practice, and the socio-political framework of public forest management in BC all come together to define an RPF’s discretionary context, which sets the limits to an RPF’s discretion. This context is highly idiosyncratic to a specific situation or decision and this makes the RPF’s discretion similarly idiosyncratic. This suggests that an RPF should not be accountable for a standard of ethical agency that does not reflect the context-dependent level of discretion they possess. Fifteen interviews of RPFs were conducted for this study to discuss their approach to ethical decision making. The analysis of the interviews revealed 12 major themes, several of which appear to be highly idiosyncratic to the situations described by the participants. The way these themes were perceived by the participants revealed the differences in the discretionary context of their situations. Several aspects of ethical deliberation emerged from the data that appear to be particular to broad employer categories, including delegated decision-making (government), economic and forest health considerations (industry), and the tension between personal and professional values (consultants).

"Naming and Vocation in the Novels of J. R. R. Tolkien, Patricia Kennealy and Anne McCaffrey" discovers in recent works of fantasy and science fiction a pattern of authority which is rooted in the existence of namers and characters who are called to specific tasks. Each of these authors portrays individuals who are called to their own particular and unique roles by other figures whose knowledge of them is deeper than their own. The Biblical account of Samuel's life provides a paradigm for both namer and named that is informative in recognising this pattern in each of the works studied. The virtues essential to living out the call of a namer are faith and obedience; and personal fulfilment as well as heroic feats can only be achieved if those virtues are cultivated.

In 1980, Ronald Reagan became the fortieth president of the United States following an election that was said to have presaged a political turn to the right in that country. This thesis identifies three broad historical themes that characterised the period in the immediate aftermath of the 1980 election. Firstly, there was the notion that the voting public was becoming more conservative in its choices in federal politics. This is tested by looking at voter behaviour in the 1982 midterm elections. Secondly, the idea that the liberal-conservative dialectic was becoming less important in United States politics is examined using as a framework the actions and statements of prominent liberals. Thirdly, the thesis examines the accuracy of prognoses that were being made about liberalism as a viable political entity in the wake of the 1980 elections. These themes are examined via a series of parallel, occasionally overlapping narratives, following the main strands of liberal activity and thought in one state California in the early 1980s. Many of the sources used were derived from commentary that was being made as events unfolded. The debate about the meaning of the 1980 election therefore changes and this change is part of the story told here. Answering some questions also involved using source material that was more reflective. Hence, parts of the thesis are historiographical. Despite its political content, this thesis is a work of history. It examines the drama of men and women acting within their time, bound by the world around them, but also trying to change that world.