Pressuposto que a justiça é o problema maior da filosofia do direito trata o presente de investigar até que ponto o pensamento do filósofo alemão Hans-Georg Gadamer pode contribuir nesse sentido, considerando-se especialmente o momento da interpretação e aplicação da lei. Ao nosso ver, as ideias de O Grande Velho Homem da Filosofia, levam-nos, primeiramente, à inarredável conclusão de que não existe a possibilidade de uma única interpretação objetivamente sustentável, na medida em que o fenômeno jurídico não consegue ser abarcado pela lei. Mas isso Kelsen há muito havia mostrado-nos. Pretende-se por às claras, ainda, que, quem venha a se ocupar com a filosofia do direito, mais especificamente com interpretação e aplicação do direito, não pode ignorar temas como linguagem, pré-compreensão e tradição. Mais que isso: para nós, Gadamer, especialmente por intermédio da análise da phronesis aristotélica, descortina-nos a ideia de que legislar, agir e aplicar a norma ao caso concreto, de acordo com a funções política, ética e de interpretação e aplicação do direito, passam necessariamente pela noção de bem decidir, sendo coisas indissociáveis e oriundas do mesmo ethos e que ao invés de contentar-nos com soluções epistemológicas, deveríamos tentar desenvolver uma solução de cunho ontológico, como forma de possibilitar um maior controle da justiça no caso concreto, para nós revelada pela aproximação de \"ser\" e \"dever ser\". / Assuming that Justice is the most important problem of laws philosophy, this study comes to investigate whither Hans-Georg Gadamer tought, a german philosopher, can contribute in this regard, especially considering the moment of Laws interpretation and application. To Our view, the ideas of \"The Grand Old Man of Philosophy\", lead us, first, to the unwavering conclusion that there is no possibility of a single interpretation objectively tenable, on the grounds that legal phenomenon cannot be encompassed by law. However, Kelsen had already shown us that a long time ago. Furthermore, it is intended to bring to light, that, who comes to mind with laws philosophy, more specifically with interpretation and law application, cannot ignore some topics as language, pre-understanding and tradition. More than that: for us, Gadamer, especially through the analysis of Aristotelian phronesis, reveal us the idea that legislate, act and apply the standard to an individual case, according to politics, ethics and laws interpretation and application function, pass necessarily through the notion of \"good decision\" being inseparable things and from the same ethos and, rather than being satisfied with epistemological solutions, we should try to establish an ontological solution, in order to enable a higher control of justice failure in concrete cases, revealed for us by the approach of \"is and ought.

This multi-article dissertation explores the experience of becoming a professor who effectively facilitates students' identity formation. While the growing body of literature on student transformation suggests that faculty must transform themselves to authentically invite change in others, little research has been done on helping professors become mentors who facilitate students' movement toward their potential for meaningful contribution. To address this gap, this dissertation suggests a framework to facilitate transformative faculty development based on a review of the literature on learning as a process of becoming (Article #1). The major components of this framework are (a) facilitating meaningful engagement in communities of practice, (b) inviting community members to take on new responsibilities, and (c) construing learning as a process of identity development. I also propose several interventions in each of these areas that may increase the likelihood that professors will engage in transformational learning practices. This dissertation also explores the identity development of faculty who invite transformation in their students through narrative case studies of professors' transformative learning experiences (Article #2). Through a series of semi-structured interviews with highly rated faculty at various career stages—one from the humanities, one from the social sciences, and one from the natural sciences—we examined six turning points our participants' identified as pivotal in becoming the kind of mentor who helps create transformative experiences for others. The findings of this study suggest that transformative faculty formation is a process of moral becoming that occurs as professors take purposive stands in their communities of practice. Cross-case themes also suggest that transformative learning is most effectively invited through relational activities that are meaningful, authentic, and altruistic.

Question-asking has long been an integral part of human learning. In scholarly investigations over the past several decades, questions have been studied in terms of the answers they generate, their grammatical structure, their cognitive functions, their logical content, and their social dynamics. Studies of student classroom questioning have focused on science education and reading instruction particularly; they detail the reasons why students don't ask questions and explore a plethora of recommendations about teaching students how to question. This qualitative study addressed question-asking from a hermeneutic moral realist perspective, studying question-asking as it unfolded in the everyday practice of learning in a graduate seminar on design thinking. Findings of the study included seven themes that fit within three broader metathemes about the complexities and virtues of classroom questioning, the sociality of question-asking, and the temporality of questions in practice. Specific themes of the study concerned the complexity of overlapping practices within the classroom, ways in which students evaluated the quality and virtue of their questioning interactions, the moral reference points that guided student participation in various kinds of questioning (i.e., convergent questions, divergent questions, challenges to others), and the temporality of question-asking that reflected the way questions mattered to the students and how different aspects of the subject matter were disclosed and concealed in the process of learning. Findings from this study suggest that a moral realist-oriented inquiry can provide a wide-ranging and nuanced set of insights regarding question-asking as a part of student learning.

There have been numerous investigations seeking to quantify the experience of parents raising adolescents of autism, but remarkably few have looked at the total experience qualitatively, as reported by parents. The present study was conducted along with a larger study for adolescents with autism participating in the PEERS® social skills group intervention, which includes simultaneous parent sessions. This study analyzed comments made in the parent group, identifying the issues parents reported spontaneously through a qualitative analysis of 12 unstructured hour-long sessions including parents (n = 16) and graduate student clinicians. The purpose of this investigation was to explore the meaning and experiences of these parents to gain increased understanding about the needs of both parents and adolescents with autism. Themes resulting from the hermeneutic analysis of these videos focused on the adolescents and their "spark," a term coined by the parents denoting the unique strengths of their children, the values they share with the family, the impact of autism on the family, lack of self-awareness, being included and finding "one good friend." There was also a strong theme of the parents seeking support from one another. Finally, the parents spoke often of planning for/hoping for the future and what it may bring for their adolescent with autism. These themes can help describe the challenges/successes of parenting an adolescent with autism. This study provides some direction for further research to inform supports for parents whose children are approaching or are in the midst of adolescence with autism. Some other findings in our study were that parents are very concerned about acceptance of family values by their adolescent. Future studies can explore further what parents' needs are and how clinicians can help them.

Sexual assault is an international problem affecting hundreds of thousands of women each year. Significant psychological, physical, and financial consequences result from sexual assault. The prevalence of sexual assault suggests that nurses frequently encounter survivors yet minimal literature exists focusing on how nurses should adjust their care to meet the needs of this population. The phenomenon of sexual assault has been widely studied from multiple perspectives and across disciplines. Likewise, studies of spiritual and religious beliefs and practices and their impact at the end-of-life and in disease, grief, and loss are extensive in nursing literature. However, a nominal number of studies examine the recovery process following sexual assault, resilience as an aspect of recovery, behaviors to aide in the recovery process, and the role which spirituality and religious beliefs and practices may play in that process. Therefore, a hermeneutical phenomenological study occurred to explore the meaning of the lived experience of sexual assault recovery and to increase understanding of the participants’ experiences of recovery. No other hermeneutical phenomenological study on this subject was present in the literature prior to this study. This method was congruent with the aims and the ultimate goals for the study. The aim of the study was to examine the lived experience of adult female sexual assault survivors while examining the influence of spirituality and religious practices upon the recovery process. After performing a qualitative analysis of the transcripts from nine participant interviews, findings for this phenomenological study resulted in five constitutive patterns: forever changed with fourteen related themes; coping afterwards with five related themes; finding strength through faith and a greater being with six related themes; focusing on what helps with three related themes, and talking is healing with three related themes. This study provides insight into what it means to live as a sexual assault survivor and provides the impetus for multiple future studies potentially impacting future nursing practice.

"God's Spies": Reading, Revelation, and the Poetics of Surveillance in Early Modern England The recent material turn in humanities scholarship has yielded fascinating and insightful research in roughly the past decade, especially in the fields of book history and the history of reading. Scholars of material culture have researched the concrete particulars of book production, the places books were sold, and the conditions in which they were read. This dissertation focuses on the clandestine aspects of early modern English material culture, with particular emphasis on the secret spaces in which reading occurred. Early modern English monarchs cultivated a culture of surveillance in an effort to eliminate illicit religious texts, which combined with changes to the conditions in which texts were read to encourage more private and secretive reading habits. Ultimately, technological, religious, and political change became epistemological as readers increasingly applied a hermeneutics of surveillance to the texts they approached, reading for hidden meaning and for total interpretive control of a text. Writers of imaginative fiction staged scenes of what I call textual surveillance in their works, transforming the hermeneutics of surveillance into a poetics of surveillance that scrutinized the validity of this interpretive strategy and explored how these material, religious, and political changes warped the way readers interpreted, thought, and perceived reality.

This research investigated the transformative and extraordinary experiences of nurse healers. The broad aim of the research was to promote the role of the healer in nursing by providing data on the experiences specific to nurse healers’ evolution as healers. The research was theoretically informed by van Manen (1990, 1984) and utilised hermeneutic phenomenology. Van Manen’s emphasis on writing as the key element of phenomenology in lived experience research was employed to bring forth a sense of lived immediacy and aesthetic colour essential to phenomenological understanding. The thesis was also theoretically aligned with the conceptual model of nursing as a caring-healing profession, developed by Jean Watson (1999, 1990a, 1988, 1985a). In particular, this research drew on Watson’s explicit connection of nursing with healing and nursing practice with transformational, transpersonal and esoteric insights. There were eleven nurse (nine women and two men) participants in the study. All participants identified strongly as healers. Selection was based on how long, and important to the individual was their commitment to being a healer. The data collection method used was semi structured interview with a predominant focus on storytelling. The overarching theme of ‘Walking Two Worlds’ was identified, and within that five essential themes were uncovered: (1) Belonging & Connecting; (2) Opening to Spirit; (3) Summoning; (4) Wounding & Healing Journey; and (5) Living as a Healer. Implications for nursing discussed include the need for the profession to provide support to nurse healers as they encounter challenging experiences and to allow for ontological flexibility regarding the esoteric aspects of human/spiritual experience revealed by this research. Further the need to extend the understanding invoked by healing beyond the obvious and opening vistas into experience which have been previously repudiated by domineering, narrow and spirit-denying powers in our society is also discussed.

Internationally, many public sector reform initiatives have been undertaken over the last three decades under the label New Public Management (NPM), with improvements in accountability and management among their main objectives. This thesis draws on social capital theory to examine the potential of a Ugandan community-led HIV/AIDS programme to supplement NPM approaches to public service delivery and accountability. Hermeneutics methodology is used to guide the research design and the interpretation of evidence.The findings of this study suggest that Uganda's community-led HIV/AIDS initiatives operate within a "bottom-up" accountability framework, characterized by the community taking a role in budgeting, program implementation, reporting, project-oversight, and audit activities. In regard to accounting practices, this study reveals that Ugandan community projects use basic and simple accounting procedures. The findings suggest that simple communal accountability mechanisms can compensate for the types of formal control mechanisms typically promoted within NPM-style reforms. The findings also suggest that multiple accountability relationships can operate in the form of both hierarchical and lateral accountability practices and that these multiple accountability relationships lead to tighter control and accurate accountability, even though formal accountability mechanisms may be weak.This study identified some challenges for community-led service delivery initiatives, including the potential for corrupt practices in some community groups and variations in the level of participation of group members in the execution of various tasks. Further, several areas for further research have been identified. These include the measurement of social capital within community groups and the establishment of measures of group capacities.This study has revealed the latent accountability technology of a "bottom-up" communitarian accountability framework and demonstrated its potential as a complement to NPM models of service delivery and accountability. As an accountability innovation, it needs to be keenly watched as further field experiences emerge over time and reveal more of its potential in developing countries, and perhaps beyond.

This thesis is concerned with the development of tertiary students' experiences of learning as they progress through three years of undergraduate study in two different psychology programs. Previous research that is relevant to this topic has tended to focus either more narrowly on the development of epistemic beliefs or more broadly on the variation of learners' experiences of learning. Research on epistemic beliefs has tended to focus on the structural aspects (stages) of development and to ignore the content of thinking. In contrast, research on experiences of learning has concentrated upon the content of students' experiences, yet it can be criticised for the way in which it decontextualises students' experiences and for its limited attention to change and development. Moreover, despite evidence suggesting that learning comprises a complex of phenomena such as understanding, memorising and knowing, this line of research has tended to treat learning as a single phenomenon. In the thesis I draw on Gadamer's philosophical hermeneutics, Gurwitsch's view of awareness, and much of the conceptual framework of the phenomenographic perspective to argue a case for a theoretical framework and consequential practices that are more plural and inclusive of learner's experiences of learning. The new approach refocuses the relationship between researcher, knower and known in terms of the knowing relation-one that involves a dynamic iterative interweaving of first and second order perspectives. Using this new approach, students' experiences are analysed to provide rich description and ontological explanation of both change and development over time. The approach allows the unity of the partlwholelpart relation of an individual's experience to be recognised. So the method is able to take account of the contextual relevancy of the individual whilst also focusing on the experiences of the group. The results show that rather than comprising a single phenomenon, learning is itself part of a multi-dimensional (depth, spatial and temporal dimensions), multi-phenomenal field. The phenomena of learning, understanding, memorising and knowledge are described in detail, and their individual internal relations are elaborated along with the internal relations between the phenomena. Four main groups of experiences of learning are described within this framework: reproductive experiences; relational experiences; constructive experiences; and transformative experiences. Each of these categories comprises several sub- categories. This fine-grained focus on individual students' data, and the use of the phenomenographic whadhow framework, allows the development of experiences to be traced and interpreted as a gradual morphing over time. The pattern of development suggests that each part of the learners' journey plays an important role in the growth of skill and competence in learning. Thus, it may be important that curricula account for variation not by focussing upon transformative experiences of learning, as is often the case, but by facilitating shifts through all of the experiences that learners may pass through.

<p>The aim of the dissertation is to understand the playing of computer games based on its own conditions, and questions are asked such as what is the meaning constructed around playing and themselves as players, what is the social construction of playing and how can playing computer games be understood from the perspective of youth culture? A basic interest in the thesis is to contribute to the understanding of Bildung in an informal context outside the institutions, activities and genres that traditionally stand for Bildung.</p><p>The empirical investigation that forms the basis of this thesis i in the form of presence at various LANs and interviews with players. The research perspective includes a hermeneutic point of departure and playing computer games is interpreted and understood from three perspectives: playing computer games as a meaning of Bildung (play and mimesis), as social meaning (friendship and community) and as cultural (style).</p><p>The results demonstrates that playing computer games is something the player does to relax, to have fun and it makes the time that passes meaningful. For dedicated players, playing computer games is a longing for community. To be a member of a community provides the opportunity to become someone in relation to the others. To participate in the community of players is a way to achieve understanding about how one is expected to behave in a larger community, that is to say society. The players are not much interested in clothes and fashion. Alcohol and other drugs are disapproved. Not stealing from others in the LAN, helping each other and sharing both knowledge and material things are also ways of expressing style. </p><p>Playing computergames is Bildung and the experiences and insights wich playing can provide should have a place in a vision regarding Bildung in our time. The teachers and the school should make use of the free-time experiences that young people take with them to school.</p>