Search results for: Aesthetic judgment

Authors: Thiago R. Pereira

Abstract:

The philosophical hermeneutics is able to change the Brazilian Judiciary because of the understanding of the characteristics of the human being. It is impossible for humans, to be invested in the function of being a judge, making absolutely neutral decisions, but the philosophical hermeneutics can assist the judge making impartial decisions, based on the federal constitution. The normative legal positivism imagined a neutral judge, a judge able to try without any preconceived ideas, without allowing his/her background to influence him/her. When a judge arbitrates based on legal rules, the problem is smaller, but when there are no clear legal rules, and the judge must try based on principles, the risk of the decision is based on what they believe in. Solipsistically, this issue gains a huge dimension. Today, the Brazilian judiciary is independent, but there must be a greater knowledge of philosophy and the philosophy of law, partially because the bigger problem is the unpredictability of decisions made by the judiciary. Actually, when a lawsuit is filed, the result of this judgment is absolutely unpredictable. It is almost a gamble. There must be the slightest legal certainty and predictability of judicial decisions, so that people, with similar cases, may not receive opposite sentences. The relativism, since classical antiquity, believes in the possibility of multiple answers. Since the Greeks in in the sixth century before Christ, through the Germans in the eighteenth century, and even today, it has been established the constitution as the great law, the Groundnorm, and thus, the relativism of life can be greatly reduced when a hermeneut uses the Constitution as North interpretational, where all interpretation must act as the hermeneutic constitutional filter. For a current philosophy of law, that inside a legal system with a Federal Constitution, there is a single correct answer to a specific case. The challenge is how to find this right answer. The only answer to this question will be that we should use the constitutional principles. But in many cases, a collision between principles will take place, and to resolve this issue, the judge or the hermeneut will choose a solipsism way, using what they personally believe to be the right one. For obvious reasons, that conduct is not safe. Thus, a theory of decision is necessary to seek justice, and the hermeneutic philosophy and the linguistic turn will be necessary for one to find the right answer. In order to help this difficult mission, it will be necessary to use philosophical hermeneutics in order to find the right answer, which is the constitutionally most appropriate response. The constitutionally appropriate response will not always be the answer that individuals agree to, but we must put aside our preferences and defend the answer that the Constitution gives us. Therefore, the hermeneutics applied to Law, in search constitutionally appropriate response, should be the safest way to avoid judicial individual decisions. The aim of this paper is to present the science of law starting from the linguistic turn, the philosophical hermeneutics, moving away from legal positivism. The methodology used in this paper is qualitative, academic and theoretical, philosophical hermeneutics with the mission to conduct research proposing a new way of thinking about the science of law. The research sought to demonstrate the difficulty of the Brazilian courts to depart from the secular influence of legal positivism. Moreover, the research sought to demonstrate the need to think science of law within a contemporary perspective, where the linguistic turn, philosophical hermeneutics, will be the surest way to conduct the science of law in the present century.

Keywords: Hermeneutic, right answer, solipsism, Brazilian Judiciary.

Authors: Areti Tziboula, Anna-Maria Rentzeperi-Tsonou

Abstract:

The present study examines the way Gioachino Rossini’s librettos are selected and formed demonstrating the evolutionary trajectory of the composer during his operatic career. Rossini, a dominant figure in the early 19th century Italian opera, is demanding in his choice of librettos and has a preference for subjects inspired by European literature, of his time or earlier. He begins his operatic career with farsae and operas buffae, but he mainly continues with operas seriae, to end it with a grand opera that conforms to the spirit of romanticism as manifested in Paris of his time. His farsae, operas buffae and comic operas in general are representative of the trends of the time: in some the irrational and the exaggeration prevail, in others the upheavals, others are semi-serious and emotional with a happy ending and others are comedies with more realistic characters, but usually the styles are mixed and complement each other. The stories that refer to his modern era unfold mocking human characters, beliefs attitudes and their expressions in every day habits, satirizing current affairs, presenting innovative elements in dramatic intervention and dealing with a variety of social and national issues. Count Ory, his final comic work, consists of a complex witty urban comic opera entwined with romantic sensitivity. The themes he chooses for his operas seriae are characterized by tragic passion, take place in the era of the Trojan War, the Roman Empire, the Middle Ages, and the Age of the Crusades and are set in Italy, England, Poland, Greece, Switzerland, Israel and Egypt. In his early works he sketches the characters remotely, objectively and with static, reflexive emotional expression and a happy ending. Then he continues with operas for the San Carlo Theater, which are characterized by experimentation and innovation to end up his Italian operatic career with the ostensibly backward but in fact tragic Semiramis followed in Paris by William Tell, his ultimate dramatic achievement. There are indirect references to burning issues of his era but the censorship of the time does not allow direct reference to topics that would upset the status quo. In addition, Rossini lives in a temporal period of peace after the Napoleonic Wars and by temperament he resists openly engaging in political strife. Furthermore, the need for survival necessitates the search for the more profitable contracts. In conclusion, Rossini, as a liberal personality, shapes his librettos without interruptions or setbacks, with ideas that come out after a lot of thought and a strong sense of purpose. He moves from the moral and aesthetic clarity of the classic tradition of his early works to a more elaborate and morally ambiguous romantic style in a moderate and hesitant way.

Keywords: Gioachino Rossini, libretto, nineteenth century music, opera.

Authors: Igor Guatelli

Abstract:

The universe of aesthetic perception entails impasses about sensitive divergences that each text or visual object may be subjected to. If approached through intertextuality that is not based on the misleading notion of kinships or similarities a priori admissible, the possibility of anachronistic, heterogeneous - and non-diachronic - assemblies can enhance the emergence of interval movements, intermediate, and conflicting, conducive to a method of reading, interpreting, and assigning meaning that escapes the rigid antinomies of the mere being and non-being of things. In negative, they operate in a relationship built by the lack of an adjusted meaning set by their positive existences, with no remainders; the generated interval becomes the remnant of each of them; it is the opening that obscures the stable positions of each one. Without the negative of absence, of that which is always missing or must be missing in a text, concept, or image made positive by history, nothing is perceived beyond what has been already given. Pairings or binary oppositions cannot lead only to functional syntheses; on the contrary, methodological disturbances accumulated by the approximation of signs and entities can initiate a process of becoming as an opening to an unforeseen other, transformation until a moment when the difficulties of [re]conciliation become the mainstay of a future of that sign/entity, not envisioned a priori. A counter-history can emerge from these unprecedented, misadjusted approaches, beginnings of unassigned injunctions and disjunctions, in short, difficult alliances that open cracks in a supposedly cohesive history, chained in its apparent linearity with no remains, understood as a categorical historical imperative. Interstices are minority fields that, because of their opening, are capable of causing opacity in that which, apparently, presents itself with irreducible clarity. Resulting from an incomplete and maladjusted [at the least dual] marriage between the signs/entities that originate them, this interval may destabilize and cause disorder in these entities and their own meanings. The interstitials offer a hyphenated relationship: a simultaneous union and separation, a spacing between the entity’s identity and its otherness or, alterity. One and the other may no longer be seen without the crack or fissure that now separates them, uniting, by a space-time lapse. Ontological, semantic shifts are caused by this fissure, an absence between one and the other, one with and against the other. Based on an improbable approximation between some conceptual and semantic shifts within the design production of architect Rem Koolhaas and the textual production of the philosopher Jacques Derrida, this article questions the notion of unity, coherence, affinity, and complementarity in the process of construction of thought from these ontological, epistemological, and semiological fissures that rattle the signs/entities and their stable meanings. Fissures in a thought that is considered coherent, cohesive, formatted are the negativity that constitutes the interstices that allow us to move towards what still remains as non-identity, which allows us to begin another story.

Keywords: Clearing, interstice, negative, remnant, spectrum.