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1
artículo
Nosso propósito neste trabalho é analisar o gênero discursivo sentença trabalhista no que concerne ao fenômeno do ponto de vista. O estudo se justifica pela necessidade de analisar como o ponto de vista é construído nas sentenças da justiça laboral. Para tanto, conduzimos uma pesquisa qualitativa, de natureza interpretativista. O estudo apoia-se nos pressupostos teóricos da análise textual dos discursos, da enunciação e da argumentação. Nessa direção, acompanhamos autores que trabalham o ponto de vista, entre eles, Rabatel (2013, 2016, 2017, 2021) e Rodrigues (2017, 2021, 2022, 2024). A análise dos dados revela os seguintes resultados: a construção linguística do ponto de vista orienta a argumentação do magistrado, favorável à condenação da reclamada ao pagamento de quantia referente à indenização por danos morais. Observamos que o ponto de vista narrado é ...
2
artículo
Publicado 2024
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Objective: To identify and confront the denialist arguments with historical epistemological concepts. Material and methods: A review was conducted in Pubmed and Scopus to identify scientific arguments that deny AIDS, using terms related to “denial”, “AIDS” and “HIV”. Observational studies, notes, essays, and letters to the editor were included, and the selected arguments were analyzed based on epistemological positions to explain their errors. Results: The search revealed few manuscripts in the scientific literature that deny the existence of HIV or AIDS. These arguments fall into four categories: 1) low HIV deaths compared to positive cases, 2) population increase despite AIDS, 3) toxicity of antiretrovirals outweighing their benefits, and 4) origin of AIDS in drugs, antiretrovirals and malnutrition. Conclusion: None of the AIDS denialist arguments has a valid epistemologica...
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This study suggests an interdisciplinary model for the analysis of school argumentation that applies the Theory of Argumentation to the educational field. For the reconstruction of the school argumentative discourse, two theoretical tools have been used: Lo Cascio’s (1998) textual linguistics —useful in order to discover the argumentative framework— and the new rhetoric of Perelman and Olbrechts-Tyteca (1958/1989), which will serve to recognize the argumentative techniques used. The method of this work is a qualitative research with descriptive orientation; the latter aspect can be seen in the systematic observation of the elements that make up the argumentation, the graphic representation of the arguments and the identification of the argumentative techniques used by the students in their dissertation. The evaluation of these data provides an understanding of the relationship betw...
4
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Based on the theory of the emotions proposed by Martha Nussbaum, the present paper proposes a theory of rationality and judicial reasonability that includes emotions as a necessary element. With this, it is possible to pass from a purely deliberative-abstract model of judicial argument to a narratively open one, in which empathy and literary imagination play a fundamental role. I will argue that emotions have a concrete manifestation in at least three relevant circumstances: the value of testimony, that of empathy, and that of literary imagination. However, the place of emotions for the project of judicial rationality is subject to institutional restrictions such as rules of law, procedures and precedents. With this in mind, a sketch of theory on the narrative rationality in judicial contexts is presented in the last section of this paper.
5
artículo
Publicado 2023
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Berkley’s so-called “master argument”—through which he proves his principle esse est percipi—has been submitted to mixed criticisms by various commentators. Some defend its validity from the perspective of their own interpretations, while some claim that the argument is fallacious due to several objections. This article defends the master argument against three objections raised by Russell, Pitcher and Tripton. These could be respectively characterized as “the objection of the confusion of the perceptive act with the perceived object”, “the objection of the confusion of the concept of the object with the object itself”, and “the objection of the solipsism of the present”. I present my own reading of the master argument in order to avoid misunderstandings and claim that the correct understanding of this argument requires considering the following issues: the clarific...
6
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The present work is a qualitative and explorer study. Its objective is to propose criteria for the evaluation of the writing production of argumentative texts of university students in the first term. Two hypotheses are formulated in this research. The first one, younger students have the cognitive scheme of oral discussion and, therefore they know the act sequence of such communicative event because of their experiences in oral daily practices to convince other ones, but such acts are evidently different from those specialized ones of scientific discourse which are argumentative and written. For that reason, and this is the second hypothesis, it is necessary to activate their previous knowledge about discussion practice in oral dynamics to ensure the success in the production of an argumentative writing with cohesive propositions. The result of this exploratory study is a cognitive ling...
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The main objective of this research is to analyze the myside bias in two argument evaluation tasks: one linked to the paradigm of formal reasoning and the other linked to the paradigm of informal reasoning. For this, we develop and apply a reasoning test that combines formal reasoning tasks with informal reasoning tasks. The test was administered virtually to a total of 138 participants. The results confirmed the two hypotheses of the study, namely, that motivational mechanisms prevail over logical ability in the tasks of evaluating arguments (both deductive and non-deductive) and that the myside bias is significantly accentuated in the task of informal reasoning.
8
artículo
Publicado 2023
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The writing of the argumentative texts is one of the difficulties that has been evidenced in the students. Therefore, this study was carried out with the objective of designing a didactic proposal integrating the Google Drive platform to enhance argumentative writing in secondary school students. The non-experimental design of a cross-sectional or cross-sectional nature was used; The sample included 30 students who were selected through non-probabilistic convenience sampling. The technique was observation and the instrument a checklist in which it was obtained as results that 62.5% are located in the not achieved level, while 31.25% are in the insufficient level and only 6.25% are in a sufficient level. In short, this research has a significant impact, since it promotes the development of argumentative skills using the functions of Google Drive, achieving a significant improvement in stu...
9
artículo
Publicado 2022
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This paper studies the arguments and mobilization strategies used by the pro-life movement in Argentina on Instagram during the debates about the legalization of abortion in 2018. To analyse these strategies, we compiled a corpus, which includes the images published over eleven months by the two accounts of the pro-life associations with most followers on Instagram. The analysis combines two methods: visual content analysis and multimodal critical discourse analysis. Results show that these accounts used different mobilization repertoires (Unidad provida aimed at mobilizing the supporters even at a local level, while Unidos por las dos vidas wanted to persuade the followers, impact them, and stigmatize women). Nevertheless, both accounts converged in the use of the historical argumentation and persuasion strategies of the anti-abortion movement in Argentina, adapting them to the specific...
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The present paper attempts to reconstruct and assess the main Epicurean arguments against the idea that death is an evil for the one who dies.In order to fight against the life anguished by the fear of death, Epicurus and Lucretius deploy a series of arguments aimed at showing the irrationality or the lack of justification of this fear. Although I share the thesis according to which an eudaimonic life entails the acceptance of our mortal nature, I suggest, however, that this does not force us to embrace the much more radical thesis according to which “death is nothing for us”. Particularly, the paper argues that the discussed arguments invalidate the fear of the fact itself of being dead, but not other fears related to the fact of not carrying on living.
11
artículo
Publicado 2012
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This paper analyzes acceleration in education as a practice for meeting the educational needs of gifted students, and points out favorable and unfavorable arguments on the use of this practice. Acceleration is an educational practice consisting of several teaching strategies designed to encourage academically gifted students and reduce their time spent in school. It promotes faster learning by matching the curriculum to the student’s level of knowledge, interest and motivation. There are several arguments in favor of acceleration, such as the improvement of academic performance, self-esteem and student’s social adjustment. However, educators are reluctant to implement this practice, arguing that students may be immature or lose part of the content of the regular curriculum.
12
artículo
Publicado 2023
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After the tragicomic attempted coup d'état performed by former President José Pedro Castillo Terrones, the embers of a «new Constitution» were fanned to such an extent that no innovative proposals for a constitutional process were raised. The current Peruvian Constitution (1993) has been criticized from different political, legal and economic perspectives, but based on its regulating framework and the political society enforcing them, it has generated acceptable levels of stability in the aforementioned areas. Hence, this being the sociopolitical situation, it is necessary to delve into the subject matter in order to present to the academic community and, thereafter, to the Peruvian population, a review of the reasons in favor of a new Constitution to determine whether these are reasonable claims or mere allegations used to fight against the Constitution.
13
artículo
Publicado 2023
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After the tragicomic attempted coup d'état performed by former President José Pedro Castillo Terrones, the embers of a «new Constitution» were fanned to such an extent that no innovative proposals for a constitutional process were raised. The current Peruvian Constitution (1993) has been criticized from different political, legal and economic perspectives, but based on its regulating framework and the political society enforcing them, it has generated acceptable levels of stability in the aforementioned areas. Hence, this being the sociopolitical situation, it is necessary to delve into the subject matter in order to present to the academic community and, thereafter, to the Peruvian population, a review of the reasons in favor of a new Constitution to determine whether these are reasonable claims or mere allegations used to fight against the Constitution.
14
artículo
Publicado 2023
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The following research describes argument marking in the Huarpean languages —Millcayac and Allentiac—, focusing on the determination of their marking locus and alignment type. With respect to the locus, several systems are observed coexisting in the synchronic stage described by Luis de Valdivia. In both languages, a split alignment is observed in flagging constructions, between nominative-accusative and neutral, and secundative and indirective alignments. In the indexing constructions, a nominative-accusative alignment and one of secundative type are recognized. Finally, regarding the diachronic process, we propose that the Huarpean languages might have exhibited a predominance of marking through flagging, and that they would have gradually incorporated argument indexing construc-tions at the time they were documented by Valdivia, possibly as a result of the influence of surrounding...
15
artículo
Publicado 2023
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The following research describes argument marking in the Huarpean languages —Millcayac and Allentiac—, focusing on the determination of their marking locus and alignment type. With respect to the locus, several systems are observed coexisting in the synchronic stage described by Luis de Valdivia. In both languages, a split alignment is observed in flagging constructions, between nominative-accusative and neutral, and secundative and indirective alignments. In the indexing constructions, a nominative-accusative alignment and one of secundative type are recognized. Finally, regarding the diachronic process, we propose that the Huarpean languages might have exhibited a predominance of marking through flagging, and that they would have gradually incorporated argument indexing construc-tions at the time they were documented by Valdivia, possibly as a result of the influence of surrounding...
16
artículo
JUDGMENTS ISSUED IN THE AMPARO PROCESS AND THE THEORY OF LEGAL ARGUMENTATION IN NEOCONSTITUTIONALISM
Publicado 2019
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In the current context of Law there is an overwhelming reality called the new Constitutionalism, a complex phenomenon that radiates to all legal systems that are part of the Anglo-Saxon, Romanic, Germanic, Islamic, etc. legal systems. The aforementioned legal reality obliges the public bodies to give valid reasons so that they can decide intersubjective conflicts, legal uncertainties, protection of constitutional rights, criminal offenses and others that require solution, therefore, there is a high demand for legal argumentation by of the justiciables. Legal argumentation is important, as it constitutes a further requirement for the aforementioned phenomenon to be witnessed, because it takes care of the construction of the syllogism, gives validity to the fundamentals used and finally persuades a specific audience under certain previous rules, that is, it passes from the individual to th...
17
artículo
Publicado 2023
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In recent years, the trend of subcontinental migration to Chile – due to its economic dynamism – has reached figures never before recorded and modified the demographic context of the country. In this sense, the work analyzes the psychosocial representations of the speakers of this new discursive ecology and its relationship with the flow of argumentative discursive information that they generate. The results show that Chilean speakers have mostly activated certain psychosocial frameworks and, consequently, generate argumentative sequences with a point of view against with preference for ad misericordiam arguments. Immigrant speakers have less activation of psychosocial frameworks and, consequently, generate a point of view in favor based on arguments of justice.
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artículo
Publicado 2019
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In this paper we present the vowel lengthening in the framework of the methodological state of the grammatical argumentation according to Botha (1970). From twenty isoglosses that separate the northern Aymara (Umasuyu) from the southern Aymara (Orcosuyo), lengthening is one of the more representative isoglosse. By its nature, lengthening is not a phoneme but the product of five factors to take into account: 1) elition of continuous consonants between equal and different vowels, 2) lengthening in a group of internal consonants, 3) lengthening in suffixes with those consonants, 4) lengthening in compound words and 5) reanalysis as false lengthening.
19
artículo
Publicado 2024
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The present work deals with the omission of pronouncement by the administration in relation to the arguments and evidence presented by the administered, a situation that has not deserved further development in the doctrine addressed in it, but that has been considered as a cause of nullity of the administrative act in certain judicial decisions, given that the principle of due administrative procedure is violated and the motivation requirement is breached and, therefore, the right of defense of the company is strongly affected. In this line, it is convenient to deepen and disseminate this omission as grounds for nullity of the administrative act.
20
artículo
Publicado 2024
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The present work deals with the omission of pronouncement by the administration in relation to the arguments and evidence presented by the administered, a situation that has not deserved further development in the doctrine addressed in it, but that has been considered as a cause of nullity of the administrative act in certain judicial decisions, given that the principle of due administrative procedure is violated and the motivation requirement is breached and, therefore, the right of defense of the company is strongly affected. In this line, it is convenient to deepen and disseminate this omission as grounds for nullity of the administrative act.
