Doctrine and Method in Forensic Medicine. An Epistemological Essay on a Bio-Psycho-Social Science / Da doutrina e do método em medicina legal. Ensaio epistemológico sobre uma ciência bio-psico-social

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This essay begins with an overview of a bibliographic research on Forensic Medicine, from its early onset with Ambroise Paré, in 1532, up to the present. This research played an important role on the planning of this thesis (it is important to emphasize that the proper concept of Forensic Medicine, however, appears only in 1621 with Paolo Zacchia,-Quaestiones-Medico-Legales...). Our purpose in this work includes many theoretical aspects of this science, first of all, to show that Forensic Medicine should be considered a science of a class in the sense of Logic, instead of, as in Clinical Medicine, "a science of the individual", as stated by Gilles Granger in his already classical work on epistemology. The second theoretical objective will be to propose Forensic Medicine as a science of the "Aristotelian frequent (hòs epì tò polú term coined by the Hellenist Porchat Pereira as a philosophical concept), through which such science should find its place between the realm of the mere accidental, and that of the necessary and universal, proper to the logic-mathematical reasoning. Thirdly, we also address the problem that the forensic reports are usually limited to empirical observations, and, then, we will also demonstrate the necessity to take into account a priori conditions of the possibility of the making of Visum et repertum, that means, we aim to consider the role of the brain in the framing of the human beings accessible experience, through a contemporary approach. On the empirical side, we conducted an extensive research, analyzing 996 Brazilian forensic reports, whose problems led us to questioning the generally used method. On the method, we discussed the theories of Aristotle, Descartes, Kant, Popper, Piaget and Granger, leaving aside the great empiricists such as Francis Bacon, David Hume, Stuart Mill, as in their theories, due to the embedded beliefs of empiricism, there is no room for the brain as the first condition of the possibility of any kind of sensory experience of the world. However, many biologists worldwide (Brazil included), since the work of Konrad Lorenz (Nobel Prize, Physiology or Medicine, 1973) has begun to circulate amid the scientific community, moved to consider that the Kantian a priori can be interpreted as the endogenous aspect (organic) of the human ability to apprehend the world, necessary to any construction of actual experience, especially when there is an intent to explain and report it to others. In the case of Forensic Medicine, it means reporting the findings to the Judicial System, which entails many psycho-social effects. Finally, we propose to Forensic Medicine a dialectical method, aiming to demonstrate its theoretical and practical advantages.

ASSUNTO(S)

aristotelian frequent medicina legal filosofia da ciência forensic medicine philosophy of science social psychology médodo dialético epistemology psicologia social epistemologia dialectic method frequente aristotélico

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