Anthropological approach to the concept of legal values: classic, non-classical and post-non-classical

The article is devoted to the study of the concept of legal values, their classification. Analysis of legal literature led to the conclusion that legal values are considered only in line with legal positivism, which have a faade in relation to the subject of law. According to the author, anthropological approaches - classical, non-classical and post-non-classical - can become a milestone in a conceptually different understanding of the values of law. In this regard, the purpose of the paper is to conduct a study of the values of law in line with anthropological research programs. To achieve the goal, the following tasks were set: 1) to describe the classical (neoclassical), non-classical and post-non-classical anthropological programs; 2) to formulate the concept of legal values and truth within the framework of three paradigms of legal thinking; 3) to classify and rank the values of law. As a result of the study, the following conclusions were made: The legal value in the classical (neoclassical) anthropological paradigm lies in the safe-guarding and protection of inviolability of the biopsychophysiological integrity of the organism, which identifies an individual as a physical person. Therefore, the law has an objectified and alienated from the individual subject character. The value of law in non-classical anthropological discourse is imperative-attributive experiences (legal psyche) or intentional acts of consciousness that constitute legal reality, with which a person is identified - a legal personality. The post-non-classical model of cognition is focused on the discovery of the true essence of a person through identification with a legal being (or pure consciousness), which is an absolute value and creator of transpersonal and extra-social legal reality.

Meaning-Making Activity in the Emotional Experience of Borderline Personalities

This article describes the mereological constitution of contents in the intentional acts of people affected by borderline personality disorder (BPD) or emotionally unstable personality disorder (EUPD) in order to shed light on the origin of the emotional instability characterizing this disorder. The article will first discuss the emotional cycle of people affected by this disorder; second, it will focus on the mereological aspect of the meaning-making<A51_FootRef>1</A51_FootRef> experience in the intentional act; third, it will show how this meaning-making experience usually interacts with axiological<A51_FootRef>2</A51_FootRef> qualities that affect the continuity of their sense of reality. From the investigation, it emerges that the mereological constitution of contents occurs in a way that is disruptive of the continuity of BPD/EUPDs’ interaffective lifeworld as it generates intersubjective disturbances on the axiological, logical, and ontological levels. On this basis, as a concluding suggestion, the paper will propose an alternative way to approach the problem, soothe the disturbance, and encourage integration.

The Importance of Bystanders in Threat Assessment and Management

Bystanders—those who observe or come to know about potential wrongdoing—are often the best source of preattack intelligence, including indicators of intent and “warning” behaviors. They are the reason that some planned attacks are foiled before they occur. Numerous studies of targeted violence (e.g., mass shootings and school shootings) have demonstrated that peers and bystanders often have knowledge of an attacker’s intentions, concerning communication, and troubling behavior before the attack occurs. This chapter describes—with empirical support—why threat assessment professionals should consider bystanders; outlines a model for understanding bystander decision-making; reviews common barriers to bystander reporting; and suggests ways to mitigate those barriers, to engage bystanders at an individual level, and to improve reporting. The principal aim of threat assessment is to prevent (primarily) intentional acts of harm. When tragic incidents of planned violence occur, however, it is almost always uncovered “that someone knew something” about the attack before it happened. This happens because, as attack plans unfold, people in several different roles may know, or come to know, something about what is happening before harm occurs. The perpetrators know, and so might others, including targets, family members, friends, coworkers, or even casual observers.

PHENOMENOLOGY OF CULTURE BY E. HUSSERL: COMMUNICATIVE AND COMPREGENSIVE EXPERIENCES

The article states the effectiveness of the phenomenological method in solving a wide range of current problems of modern socioculture, both applied and theoretical. It is substantiated that in intentional acts of consciousness the surrounding world acts as a boundary of subjectivity, as a correlate of intentional transformations of interaction of consciousness with the world. Differentiation of communicative and compregensive experience produces the necessary grounds for the interpretation of culture as a mechanism of formation in the mind of the spatial and semantic perspective of perception and understanding of the world. Based on this disposition, we have the opportunity to distinguish between the universality of ways of "capturing" the world, or the metaphysical plan of culture, and its paradigm, or historical and social conditionality. In the dialectic of these dimensions there is a dynamic of the existence of a universal horizon of subjectivity.Key words: culture, subjectivity, intentionality, communicative experience, compregensive experience, reflection.

Heidegger’s Struggle with History

In this paper I analyze early Heidegger’s concept of history. First, I argue that early Heidegger makes use of three distinct concepts or spheres of history, namely (1) history as intergenerational process, (2) history as personal or autobiographical development, and (3) history as the real center and origin of all intentional acts in the intentional self. Second, I argue that an essential motif in Heidegger’s discussion is the re-appropriation of what he considers the externalized and expropriated historical reality in all three spheres. I suggest that this constitutes an objective parallelism to similar moves in Marx and neo-Marxist thought, especially Lukács and the Frankfurt School. I show that Heidegger is on his way towards an ethics of time. First, in opposition to theoretical historicism and historical aestheti-cism or determinism of his time, early Heidegger advocates the active historical participation in history, the engagement in one’s historical situation or praxis. Second, in opposition to the publically regimented and reified time frames, calendars and interpretations, Heidegger argues for the self-reflexive, historical shaping of one’s very own and unique life-time. Third, because Heidegger finds the origin of all history in the historical enactments of intentions in the intentional self, he ultimately argues for the self-reflexive acknowledgment of this ultimate historicity at the very heart of human intentionality, calling for the always renewed accentuation of this inevitable and ultimate historicity as a necessary condition for authentic temporality.En este artículo analizo el concepto de historia de Heidegger. Primero, argumento que el Heidegger temprano hace uso de tres conceptos distintos, o esferas, de historia, a saber, (1) la historia como proceso de interrogación, (2) la historia como desarrollo personal o autobiográfico y (3) la historia como el centro real y origen de todos los actos intencionales en el yo intencional. Segundo, argumento que un motivo esencial en la discusión de Heidegger es la re-apropiación de lo que considera la externalización y expropiación de la realidad histórica en las tres esferas. Sugiero que esto constituye un objetivo paralelo al de movimientos similares en Marx y el pensamiento neo-Marxista, especialmente Lukács y la Escuela de Frankfurt. Muestro que Heidegger está en este mismo camino hacia una ética del tiempo. Primero, en oposición al historicismo teórico y al esteticismo histórico o determinismo de su tiempo, el Heidegger temprano defiende la participación activa en la historia, el compromiso con la propia situación histórica o praxis. Segundo, en oposición a los marcos temporales, calendarios e interpretaciones regimentados y reificados, Heidegger defiende la auto-reflexión y la formación histórica del tiempo vital de uno mismo. Tercero, porque Heidegger encuentra el origen de toda historia en las realizaciones históricas de las intenciones del yo intencional, defiende en última instancia el reconocimiento auto-reflexivo de la historicidad en el núcleo íntimo de la intencionalidad humana, llamando a una siempre renovada acentuación de esta inevitable y última historicidad como una condición necesaria de la temporalidad auténtica.

Assessing the implementation of food defense requirements in industrial meat-based food processors

Food defense is the effort to protect food from causing harm to the consumer, including security procedures to mitigate intentional acts of adulteration. To assure entry in new markets, food companies need to develop and implement food defense strategies through third-party certification. Although there are some programs designed to assist food business operators in creating effective food defense strategies, this is still not regarded as a priority by food companies. As a first aim of this work, a first-party audit of two meat-producing industries was performed to verify the implementation of food defense requirements. The second purpose of the work was to compare vulnerabilities identified in those two food industries with the ones detected in other previously certified food units in Portugal. For such, a food defense requirements checklist was prepared for the audit and a private certification database was consulted to compare audit results with those from other food business operators certified by at least one international food defense standard. Audit results revealed that both industries were above 50% in overall compliance regarding food defense requirements; still the main vulnerabilities were related to the lack of a food defense plan, the failure to identify critical areas, ineffective warning systems and no training in food defense. Similar vulnerabilities were detected in other certified national food business operators, leading to the conclusion that implementation of food defense requirements seems to be underestimated. As an intervention strategy proposal, food defense training would be of upmost importance to get staff and managers acquainted with the concept.

As Formas da Simpatia e o seu Papel na Compreensão das Vivências Alheias em Scheler

The objective is to describe the main features of the sympathy phenomenon from Max Scheler's phenomenology. The central problem is to show how sympathy shows itself as a privileged "place" for understanding the experiences of others, because it implies a psychic-affective unification with whom one sympathizes or welcomes. However, compassion and co-rejoicing cannot be understood as the apprehension of psychic contents unrelated to the reproduction of the feelings of the other, mistakenly equating sympathizing with affective contagion. Thus, first, some reasons and ways of transformations of anthropologies and historical consolidation of the modern ratio that led to such mistake are outlined. Then, after distinguishing the plural forms of sympathy, showing its law of internal reasoning, it is discussed in what sense sympathy is to suffer and to rejoice by spelling out its intentional structure. To know the other, however, is not only to unite affectionately with others, but the free decision, proper of a spiritual being, to take part in the opening of the personal being of others, to participate in their intentional acts. It follows, then, that sympathizing presupposes the supreme form of love. Palavras-chave : Feelings; sympathy; love; knowledge of each other.

Improving the effectiveness of prevention in the context of the limits of the criminal law

The rapid development of information and telecommunications technologies, the transformation of public relations caused by permanent socio-economic transformations which are happening in Russia and the world, result in numerous changes in criminal legislation and, as a result, problems associated with the establishment of spatial and temporal boundaries of criminal behavior. The purpose of the study is to develop practical recommendations aimed at improving the effectiveness of the preventive impact of criminal law by identifying the factors that determine the mentioned characteristics of a socially dangerous act. To solve these problems, the authors used the criminological tools of the study (the Bayesian method of time series forecasting, methods of questionnaires, and psychological analysis of criminal cases). In the article, for the first time, the problem of improving the effectiveness of criminal law prevention is considered in the context of the mechanism of individual criminal behavior. This allowed establishing that the spatial and temporal characteristics of a socially dangerous act do not depend on the structure of the crime, as it is considered in criminal science, but on the form of the offender’s guilt. The criminological understanding of the crime allowed the authors to formulate proposals for improving the current criminal legislation and the practice of its application. The authors believe that in the case of intentional acts, when determining the optional features of the objective aspect of the crime, it is necessary to consider the place of full implementation of all the planned actions by the person, regardless of the place of occurrence of socially dangerous consequences. In the case of careless criminal encroachments, the territorial parameters of the occurrence of the criminal result should play a defining role. This article also describes the author’s position on the place of commission of continuing and remote offenses.