Joao Correia

O presente trabalho busca evidenciar a concepção moral do Direito na doutrina do Direito de Kant, distinguindo as ideias que conceituam a diferença entre leis jurídicas e leis éticas, a partir das leis morais para tratar da concepção e o reconhecimento dos direitos de equidade e o de necessidade, por um lado, e a não realização desses direitos, por outro. O intuito do presente trabalho é mostrar a efetivação e validade do direito, tendo a base em Kant. PALAVRAS-CHAVE: Direito. Moral. Kant. Validade do Direito.

About one third of patients with epilepsy have seizures refractory to the medical treatment. Electrical stimulation mapping is the gold standard for the identification of “eloquent” areas prior to resection of epileptogenic tissue. However, it is time-consuming and may cause undesired side effects. Broadband gamma activity recorded with extraoperative electrocorticography during cognitive tasks may be an alternative to ESM but until now has not proven of definitive clinical value. Considering their role in cognition, the alpha and beta bands could further improve the identification of eloquent cortex. We compared gamma, alpha and beta activity, and their combinations for the identification of eloquent cortical areas defined by ESM. Ten patients with intractable focal epilepsy participated in a delayed-match-to-sample task, where syllable sounds were compared to visually presented letters. We used a generalized linear model approach to find the optimal weighting of each band for predicting ESM-defined categories and estimated the diagnostic ability by calculating the area under the receiver operating characteristic curve. Gamma activity increased more in eloquent than in non-eloquent areas, whereas alpha and beta power decreased more in eloquent areas. Diagnostic ability of each band was close to 0.7 for all bands but depended on multiple factors including the time period of the cognitive task, the location of the electrodes and the patient’s degree of attention to the stimulus. We show that diagnostic ability can be increased by 3–5% by combining gamma and alpha and by 7.5–11% when gamma and beta were combined. We then show how ECoG power modulation from cognitive testing can be used to map the probability of eloquence in individual patients and how this probability map can be used in clinical settings to optimize ESM planning. We conclude that the combination of gamma and beta power modulation during cognitive testing can contribute to the identification of eloquent areas prior to ESM in patients with refractory focal epilepsy.

In this paper I will briefly discuss flourishing and freedom, relating them to health and disease; discuss the tensions between flourishing and freedom; and exemplify how those discussions are relevant to chronic disease suffering. The concept of freedom has significant connections with the concepts of health, disability and disease. Understanding disease and disability in terms of the loss of aspects of freedom may help our understanding of the suffering that arises from chronic disease. On the other hand, flourishing may require a degree of adversity. Therefore disability and disease may be conducive to flourishing. Flourishing may be understood as subordinated to freedom, as a path to freedom, or as transcending freedom. It is suggested that freedom and flourishing are expressed as mutually enhancing cycles, actualized according to the personal circumstances that will ground their expression. In a distant horizon of innocent spontaneous self-expression, flourishing and freedom may become coincident. Regarding chronic disease as a constraint on ‘species-typical’ abilities to fulfill one’s significant life interests, as well as an unwanted intrusion into the patient’s life, presents chronic disease suffering as a loss of both positive and negative freedom. The conceptual relation between flourishing and freedom will thus organise the possibilities the sufferer sees as open to their self.

In August 2018, several European consumer associations have launched a lawsuit against Facebook arguing that “My data is mine,” but chose not to boycott the social network in its publicity campaign. The DECO FAQ list reveals why associations did not call for a boycott: they chose instead to use Facebook to disseminate information and to answer questions consumers might have. The argument presented by the associations confronts us with intricate questions concerning the nature of civil society, mainly with respect to the linkage between the market and the public sphere. Generally, critical theorists think that the realms of necessity and freedom are found incompatible with one another. The public sphere is considered as the realm of pure freedom where citizens deliberate matters concerning the destiny of the polis. The civil society is concerned with profit and with providing for material needs. The present paper approaches these questions by considering the nature of institutional configurations of contemporary digital capitalism and, also, the kind of interactions among social agents that act inside it. Are corporate digital networks permeable enough to communicative rationality to make us believe that they can host a culture of convergence and cooperative interaction among social agents such that can aspire to a rational public sphere? To answer those queries, this paper develops a) a literature review on the contradictions of modern contemporary cognitive capitalism; b) a critical analysis of activists’ statements against the use of digital networks; c) support for a critical literacy approach that identifies textual structures and contextual frameworks in digital public debate.

In this paper, I will argue that the current discussions about regulating certain activities concerning the pharmaceutical industry do miss a crucial point. The Pharmaceutical Industry is a story of success, providing a wealth of new discoveries and applied technologies, which have greatly enhanced our lives. The current call for strict regulation of the Pharmaceutical Industry makes the unwarranted assumption that such regulation will not disturb the mechanisms of the Industry’s success. I will claim that a centralised regulation profoundly transforms the direction of travel. I will also claim that the role of the executive in bypassing regulations creates a parallel industry of subsidiary regulations to counter such bypassing. The predictable consequence is the increasing role of central regulatory control and the progressive slowing down of the success of the Pharmaceutical Industry leading towards an undesirable mediocrity. The conclusion I wish to advance is that our choices are not limited to ‘a wild open market’ and ‘a regulated open market’ scenarios, and the strategy to avoid a robustly regulated but mediocre Pharmaceutical Industry may involve ‘non-open market scenarios’ which have so far been absent from the alternatives discussed