O advento do Estado Democrático de Direto Ambiental exigiu a positivação de um novo direito desformalizado, isto pode ser constatado em face da proliferação de conceitos legais indeterminados, cláusulas gerais e princípios gerais de direito nas compilações legais que tratam da questão ambiental, em especial a Constituição Federal, em seu Art. 225, verdadeira cláusula geral. Neste trabalho será analisada a substituição do modelo de aplicação silogística das normas, por um modo de caráter tópico-material-concretizante, no qual o valor que surge como norte da atividade jurisdicional passa a ser a equidade em lugar do valor sacralizado da segurança jurídica. Tal mudança de senso comum teórico tem como consequência o surgimento de um Poder Judiciário mais ativista, que através da abertura da textura da legislação, bem como do sistema jurídico, tem o dever de concretizar as normas jurídicas de direito ambiental através da chamada judicialização das políticas ambientais. Somente aliadas à concientização ambiental da sociedade, tais mudanças de ordem teórica e prática serão possíveis, porque as decisões do Poder Judiciário são reflexos das decisões da sociedade. / The advent of Democratic State of Environmental Law demanded positivization of a new right desformalizaided, this can be seen in the face of the proliferation of indeterminate legal concepts, general clause and general principles of law in legal compilations dealing with environmental issues, especially the Federal Constitution, in its article 225, true general clause. This paper will analyze there placement of the application model of syllogistic rules by way of a character topic-material-concrete, in which the value comes as the north of the judicial activity, becomes the place of the equity value of legal certainty sacralized. This change common sense theory has as consequence the emergence of a more activist judiciary that by opening the texture of the legislation and the legal system, has a duty to implement the legal framework of environmental law by calling judicialization of politics environment. Only together with the environmental conscientization of society, such changes will be theoretical and practical as possible, because the decisions of the judiciary are reflections of society's decisions.

This study aims to investigate the changing ontological nature of the portrait from mimesis to methexis in relation to South African portraiture. It proposes that the representational nature of traditional portraiture changes in response to the social and political climate. The early phases of the Western mimetic portrait are marked by the desire to capture and maintain the subject's presence. This will-to-presence is facilitated by the development of a socio-economic milieu of individualism. The Renaissance emphasis, on the human being as individual through humanist philosophy, the legal system and mirror technologies intensified the individual's desire to become and remain present in the portrait. This study proposes that the portrait becomes the location of the metaphysics of presence, offering the promise of life after the subject's physical demise. The metaphysics of presence in the portrait gained a political dimension when the sitter's likeness was portrayed through the ideological lens of colonialism. The portrait became a strategy of what Mirzoeff (2001:7) refers to as 'visuality'. Visuality is a form of biopower that establishes and maintains power over the portrayed. During apartheid, iconic categorisation resulted in the classification and segregation of different "races". The study proposes that the politics of presence is founded on mimetic representational strategies. It argues that during the close of apartheid, mimetology was identified as an apparatus of colonisation. The mimetic process however, is laced with pitfalls. It creates the illusion of sameness whereas in reality, it only produces difference. Derrida and Lacoue- Labarthe point out that what is produced by mimesis is not a copy, but an entirely in its own right. The hope created by mimesis fades in the face of poststructuralist ideas. The notion of Platonic mimetic is revisited by Gadamer. He identifies mimesis as part of methexis. This provides hope yet again, not of innocent representation (adequatio), but of a presentation (Darstellung) through mediation and play. This study proposes that revisiting the linear representational process of mimesis, through Gadamer's notion of methexis, results in the idea of participation. The democratic participation of the subject in his or her self(ie) portrayal is facilitated by contemporary smartphone technology. This technology facilitates the participation in the iconic categorisation of the past and enable the rewriting of historical repressive portraits. Aesthetic participation includes devices such as appropriation. Methexis is therefore identified as descriptive of the ontological nature of self(ie) presentations. / Thesis (PhD)--University of Pretoria, 2016. / Visual Arts / PhD / Unrestricted

This dissertation offers an interdisciplinary analysis of some features of the Speech- Act Theory in biblical hermeneutics. It highlights some of the probable aspects of the studied analysis regarding hermeneutic issues within biblical and theological analysis. The paper shall describe the philosophical interpretation of the examination of the Speech-Act Theory. It will focus on the principles and standards of demarcating the Speech-Acts and allocating the written texts theory. The paper shall also describe the difference between ‘weak’ and ‘strong’ speech acts. The dissertation shall commence by analysing the main concerns about the speech act theory. It will concentrate on the works of Thiselton and Vanhoozer’s works and modifies their works with the aim of highlighting some of the key elements of their hermeneutics. Therefore, the dissertation shall offer the views of Thiselton and Vanhoozer and differentiate their two different views of the Speech-Act Theory in the field of the hermeneutics in search for a third option. / Dissertation (MA)--University of Pretoria, 2017. / Dogmatics and Christian Ethics / MA / Unrestricted

MA (African Studies) / Department of African Studies / According to St Paul in his letter to the Romans (13:1-7), the governing authorities (vharangaphanda) in the society should be respected, submitted to and honoured. A key word in the text is pason psuche meaning that every living soul should be subjected to rulers on earth. This philosophy has been interpreted a number of times and there are a number of commentaries about it. Interestingly, the very same philosophy was subjected to fierce debates and discussions during the South African apartheid time when whites expected blacks to submit to them although they never cared about them. The debates centred on the moral basis of subjecting oneself to a morally questionable and corrupt authority. The aim of this study is to reflect on the text with Lwamondo Tshivenda speaking congregants or readers using the local Tshivenda language and idiomatic expressions when reading this text. The methodology for this research will be based on qualitative research design using the Contextual Bible Study and Ethnography instruments for data collection. The main objective is to find out whether the state should be guided by the church or the church by the state in matters of vhurangaphanda and protocol. / NRF

Au plan social, se sentir exister c’est éprouver sa vie comme faisant oeuvre dans les possibilités du monde qui produisent la reconnaissance des sujets dans une communauté humaine : ce que l’on entend communément par le vocable « vivre ». Dans une perspective ontologique, le désir d’être et d’exister procède chez l’homme d’un pouvoir de pâtir et de l’épreuve qu’il fait des sentiments par lesquels émerge chez lui la possibilité d’une « présence à soi », dans le présent vécu. L’être vivant est pris dans un double mouvement, celui d’un organisme autonome et celui d’un être pris dans l’ordre du monde : cet enroulement de l’être en-vie dans la « Vie » engendre une idée de soi et du monde. De cette dynamique vitale et formative résulte une double implication anthropologique : une manière de se comprendre et d’aborder le monde. Ce rapport formatif enveloppe deux ordres du « vivant » à la jonction de l’individuel et du social : comment je vis la vie et comment je dis ce que je vis. Considérant que le déploiement de la parole s’inscrit dans cette double perspective d’« appropriement », l’enjeu de cette recherche repose sur l’élaboration d’un processus d’investigation de la parole permettant d’explorer la manière dont l’être se compose avec le monde à partir de ses propres conditions d’existence. Se déployant au terme d’une démarche ethnographique réalisée dans un « squat d’habitation » occupé par le collectif des Sorins (un groupe de migrants en situation dite « illégale »), l’interprétation herméneutique de la parole proposée dans ce travail éclaire la manière dont un sujet fait l’épreuve des modes d’« invivabilité » qui s’imposent à lui au regard de son statut politique ainsi que le réseau de relations à travers lequel il conçoit sa « situation » de vie et se tourne vers le monde. / Socially speaking, the sense of existence is bound in a challenge to live life as faisant oeuvre within the possibilities that the world offers, formed by ones community’s recognition. What one often refers to as “to live”. The human desire to be and to exist, from an ontological perspective, is drawn from the power to endure and from the emotional challenge out of which the possibility of « one’s presence » emerges within the lived present. Lives are taken within a double movement, that of an autonomous organ, and that of a being taken by world order : this imbrication between the lives in « Life » allows to construct an idea of oneself and of the world. A double anthropological implication is drawn from this formative and vital dynamic : a way to understand one self, and the encounter with the world. This formative relation embraces two livable conditions : how do I live life and how do I recount for living life. Taking into consideration that the unfolding of speech takes place in this very double perspective of “reclaiming”, the challenge of this study leans on the elaboration of an investigation process of speech allowing to explore the way in which the being is formed with the world from ones own condition and existence. The ethnographic approach lead within asquat, occupied by the Sorins collective (a group of migrants in an « illegal » situation), shaped the hermeneutic interpretation of speech within this work, which sheds light on the way in which a Subject faces the « unlivable » world imposed on him, regarding his political status, as well as the network through which he apprehends the « situation » of life and faces the world.

This dissertation traces the literary and cultural phenomenon of “bad readers” across a range of Greek and Latin texts from the late first to late second centuries CE. By jointly engaging the framework of book history with the insights of feminist, queer, critical theory, it offers a methodology for understanding why certain readerly embodiments and modes are stigmatized for deviating from the hegemonic norm, and how the contested space of reading intersects with negotiations of power, embodiment, and identity. I argue that “bad readers” are not “bad” in any inherent or universal sense, but rather that “bad readers” intersect with particular literary, cultural, and ideological agendas. I also show how “bad readers” help illuminate the broader material, social networks that are adumbrated by books as objects in antiquity, thus contributing to recent work that has emphasized the importance of situating “reading” within its ancient, sociocultural context. At the same time, this study lays bare how such work has also tended to leave the question of modern readerly poses and politics to the side. Ultimately, this study shows how literary representations of “bad readers” offer a powerful locus for telling a different story about books and reading in the ancient Mediterranean, as well as a lens for theorizing how certain hermeneutic modes in the discipline today participate in and reproduce hierarchies of power.

Histories of tafsīr in South Asia have been mainly focused on identifying extant works of Qur’anic scholarship in the region. There are only a few academic works that explore the primary sources in detail. Surveys of the present state of the study of modern Qur’anic commentaries also highlight the lacunae in our knowledge of regional tafsīr and Qur’anic hermeneutics. Focusing on Urdu and Arabic works, the current study as a work of intellectual history is the first systematic attempt to open a new area of inquiry. Building on the earlier historiography of the pre-modern tafsīr in South Asia, it charts the development of Qur’anic hermeneutics in British India by focusing on the works of Sayyid Aḥmad Khān (d. 1898), Ashraf ʿAlī Thānawī (d. 1943), and Ḥamīd al-Dīn Farāhī (d. 1930), along with larger exegetical literature that emerged in North India. Looking beyond the artificial dichotomy of modernity and tradition and of reform and revivalism, as forces making an impact on Muslim Qur’anic thought, the current study focuses on two questions. What were the continuities and shifts in Qur’anic hermeneutics in British India since the latter half of the nineteenth century? Why did Qur’anic hermeneutics evolve the way it did in the multiple milieux of colonial India? The thesis also investigates an ancillary question: In developing their positions on Qur’anic hermeneutics, how did Muslim scholars in the period under examination conceive their relationship with the Muslim intellectual tradition in terms of their continuity or discontinuity? The study demonstrates the impact of historical forces and Muslim creative thinking on the development of modern Qur’anic hermeneutics in South Asia. Disagreeing on some key points with the current scholarship on modern Qur’an commentaries and Muslim scholarship in British India, the study shows that the period witnessed to the rise of new approaches to the study of the Qur’an in addition to the continuation of earlier trends. Moreover, it shows that Muslim scholarly ideas on the nature of the Muslim intellectual tradition in general, including Qur’anic exegesis, had a decisive impact on the development of thinking about the Qur’an in this period. / Graduate / 2021-12-22

The thesis is based on the translation of a seminal work by George Steiner After Babel (1975), published in Triáda Publishing in 2010. The study presented in this volume is divided into three parts: the first one sketches a general portrait of George Steiner as a literary and cultural critic, language philosopher and a Jewish thinker much of his thought is dedicated to the Shoah. The second part traces Steiners intellectual profile with regards to his life story. The third part introduces Steiner's poetics and ethics of translation, paying attention especially to the phenomenon of translation in the colonial and postcolonial world. It maps the succession of metaphorical images Steiner uses to pinpoint translation and interpretation in general, especially the metafor of war and of hospitality. It concludes that a metaphorical use of the term "translation" for the whole field of understanding, interpretation and cultural tradition is not of much help in our apprehension of what translation proper is.

Enthusiasmos in thinking of ancient Greece. - This disertation thesis analyzes the issue of enthusiasm in the context of thinking of the Ancient and Classical Greece. In a theoretical manner also tries to gain an insight into the semantical structure of enthusiasm basing on historical excursus (the Ancient Age, the Classial Age) to support its historical transformation. It was enthusiasmos and the way o mantical explanation, which enabled the poets to create pieces of art and gave rise to performing and poetry art. This thesis aims to explore the philosophical reflection of enthusiasm, because the gift of divine presence itself, such as the inspired poetic speech, was in the Archaic period certainly guarantee of the truthfulness, but in the Classical period, was all the more reason for doubt and questions. Selected works by prominent authors of ancient mindset are systematically analyzed in the context of enthusiasm.

The aim of this dissertation is to analyze and discuss the individual experience of cultural legacy and inheritance, intended as the transmission of an immaterial product, from the perspective of continental philosophy, and especially through the lens of phenomenology. In particular, I discuss why the conventional way of approaching the matter in terms of tradition is unsatisfying when faced with the deeply personal nature of the Inheritance/Legacy phenomenon. I analyze the concept of `content' as the intellectual object to be transmitted and received in the process, and define it in terms of fragmentability and inclusiveness: what is the minimal notion that we can still inherit? What is the largest conglomerate of ideas that we can approach as one content? I introduce the fundamental notion of cultural density, as an alternative to culture in the discussion of the individual approach to contents. In particular, I define cultural density as the sum of all possible contents potentially available to an individual at any given time. Then, I move to the analysis of the moment of attention, as the locus of actualization of the contents, which are available in one's cultural density and, through attention, move into the interpretative space of inheritance. I also distinguish between attention and attentiveness. The core of my dissertation focuses in turn on Inheritance (the process of receiving a content from a previous author and making it ours) and Legacy (the creation of cultural contents in the perspective of a future receiver). I analyze their temporal relation and their complex interaction with our perception of time. I show how they are interconnected and how they both rely on narration (and specifically on self narration as a form of re-presentation) to be brought into actuality. Finally, I deal with their co-dependence and show how the reliance of Inheritance and Legacy on each other (with each needing the other to come first) gives rise to an apparent paradox. I suggest the notion of a saturated phenomenon (elaborated by Marion) to solve it, with an invitation to conceive the inconceivable (following Derrida and Levinas).