scholarly journals The cage of freedom — law, justice and the judiciary

ERA Forum ◽  
2021 ◽  
Author(s):  
Wolfgang Heusel

AbstractThis paper representing the slightly amended text of a speech the author was invited to deliver on the occasion of the Portuguese judicial school’s fortieth anniversary. It offers a reflection on the relationship between freedom, law, justice and the judiciary. Its starting point is the sculpture The Cage of Freedom which symbolically embellishes the square in front of the seat of the Academy of European Law in Trier.

2019 ◽  
Author(s):  
Valentina Escotet Espinoza

UNSTRUCTURED Over half of Americans report looking up health-related questions on the internet, including questions regarding their own ailments. The internet, in its vastness of information, provides a platform for patients to understand how to seek help and understand their condition. In most cases, this search for knowledge serves as a starting point to gather evidence that leads to a doctor’s appointment. However, in some cases, the person looking for information ends up tangled in an information web that perpetuates anxiety and further searches, without leading to a doctor’s appointment. The Internet can provide helpful and useful information; however, it can also be a tool for self-misdiagnosis. Said person craves the instant gratification the Internet provides when ‘googling’ – something one does not receive when having to wait for a doctor’s appointment or test results. Nevertheless, the Internet gives that instant response we demand in those moments of desperation. Cyberchondria, a term that has entered the medical lexicon in the 21st century after the advent of the internet, refers to the unfounded escalation of people’s concerns about their symptomatology based on search results and literature online. ‘Cyberchondriacs’ experience mistrust of medical experts, compulsion, reassurance seeking, and excessiveness. Their excessive online research about health can also be associated with unnecessary medical expenses, which primarily arise from anxiety, increased psychological distress, and worry. This vicious cycle of searching information and trying to explain current ailments derives into a quest for associating symptoms to diseases and further experiencing the other symptoms of said disease. This psychiatric disorder, known as somatization, was first introduced to the DSM-III in the 1980s. Somatization is a psycho-biological disorder where physical symptoms occur without any palpable organic cause. It is a disorder that has been renamed, discounted, and misdiagnosed from the beginning of the DSMs. Somatization triggers span many mental, emotional, and cultural aspects of human life. Our environment and social experiences can lay the blueprint for disorders to develop over time; an idea that is widely accepted for underlying psychiatric disorders such as depression and anxiety. The research is going in the right direction by exploring brain regions but needs to be expanded on from a sociocultural perspective. In this work, we explore the relationship between somatization disorder and the condition known as cyberchondria. First, we provide a background on each of the disorders, including their history and psychological perspective. Second, we proceed to explain the relationship between the two disorders, followed by a discussion on how this relationship has been studied in the scientific literature. Thirdly, we explain the problem that the relationship between these two disorders creates in society. Lastly, we propose a set of intervention aids and helpful resource prototypes that aim at resolving the problem. The proposed solutions ranged from a site-specific clinic teaching about cyberchondria to a digital design-coded chrome extension available to the public.


Author(s):  
Nathan Wildman

The relationship between fundamentality and modality remains criminally underexplored. In particular, there are several significant questions about fundamentality’s modal strength that remain unanswered. For example, if something is fundamental is it necessarily so? That is, could something be fundamental in one possible world and derivative in another? And how would the acceptance of contingent fundamentality square with commitments to contingentism (or, for that matter, necessitism) about the existence of the fundamentalia? Chapter 14 makes some headway towards addressing these questions. It does so by exploring the contingent fundamentality thesis, according to which it is possible that something is possibly fundamental and possibly derivative. In this way, the chapter represents a starting point for examining broader issues about the relationship between fundamentality and modality.


Author(s):  
Dieter Grimm

This chapter examines the democratic costs of constitutionalization by focusing on the European case. It first considers the interdependence of democracy and constitutionalism before discussing how constitutionalization can put democracy at risk. It then explores the tension between democracy and fundamental rights, the constitutionalization of the European treaties, and the European Court of Justice’s (ECJ) two separate judgments regarding the relationship between European law and national law. It also assesses the impact of the ECJ’s jurisprudence on democracy, especially in the area of economic integration. The chapter argues that the legitimacy problem the EU faces is caused in part by over-constitutionalization and that the remedy to this problem is re-politicization of decisions with significant political implications.


2021 ◽  
Vol 11 (9) ◽  
pp. 3827
Author(s):  
Blazej Nycz ◽  
Lukasz Malinski ◽  
Roman Przylucki

The article presents the results of multivariate calculations for the levitation metal melting system. The research had two main goals. The first goal of the multivariate calculations was to find the relationship between the basic electrical and geometric parameters of the selected calculation model and the maximum electromagnetic buoyancy force and the maximum power dissipated in the charge. The second goal was to find quasi-optimal conditions for levitation. The choice of the model with the highest melting efficiency is very important because electromagnetic levitation is essentially a low-efficiency process. Despite the low efficiency of this method, it is worth dealing with it because is one of the few methods that allow melting and obtaining alloys of refractory reactive metals. The research was limited to the analysis of the electromagnetic field modeled three-dimensionally. From among of 245 variants considered in the article, the most promising one was selected characterized by the highest efficiency. This variant will be a starting point for further work with the use of optimization methods.


2004 ◽  
Vol 5 (1) ◽  
pp. 43-58
Author(s):  
Jeffrey S. Galko ◽  

The ontological question of what there is, from the perspective of common sense, is intricately bound to what can be perceived. The above observation, when combined with the fact that nouns within language can be divided between nouns that admit counting, such as ‘pen’ or ‘human’, and those that do not, such as ‘water’ or ‘gold’, provides the starting point for the following investigation into the foundations of our linguistic and conceptual phenomena. The purpose of this paper is to claim that such phenomena are facilitated by, on the one hand, an intricate cognitive capacity, and on the other by the complex environment within which we live. We are, in a sense, cognitively equipped to perceive discrete instances of matter such as bodies of water. This equipment is related to, but also differs from, that devoted to the perception of objects such as this computer. Behind this difference in cognitive equipment underlies a rich ontology, the beginnings of which lies in the distinction between matter and objects. The following paper is an attempt to make explicit the relationship between matter and objects and also provide a window to our cognition of such entities.


2015 ◽  
Vol 44 (4) ◽  
pp. 687-705 ◽  
Author(s):  
RACHAEL DOBSON

AbstractThis article argues that constructions of social phenomena in social policy and welfare scholarship think about the subjects and objects of welfare practice in essentialising ways, with negativistic effects for practitioners working in ‘regulatory’ contexts such as housing and homelessness practice. It builds into debates about power, agency, social policy and welfare by bringing psychosocial and feminist theorisations of relationality to practice research. It claims that relational approaches provide a starting point for the analysis of empirical practice data, by working through the relationship between the individual and the social via an ontological unpicking and revisioning of practitioners' social worlds.


2008 ◽  
Vol 7 (1) ◽  
pp. 64-76
Author(s):  
Andy Stirrup

This paper considers an implicit trend in youth ministry to present Jesus as the archetypal superhero and asks if this is a valid and a helpful approach. The paper examines the relationship between the biblical category of hero and the contemporary notion of superhero and a broader appreciation of the use of myth for communicating Christian apologetics as seen in Lewis and Tolkien. The starting point for the paper is that an arguable starting point for the creation of Superman is in the epic character of Hercules and the biblical hero Samson. Through an examination of biblical and other Near East material the paper calls for a deeper and more nuanced appreciation of the relevance of modern western myth in the task of communicating theological narratives and concepts.


2021 ◽  
Vol 31 (2) ◽  
pp. 307-321
Author(s):  
Luke O’Sullivan ◽  

The concept of civilisation is a controversial one because it is unavoidably normative in its implications. Its historical associations with the effort of Western imperialism to impose substantive conditions of life have made it difficult for contemporary liberalism to find a definition of “civilization” that can be reconciled with progressive discourse that seeks to avoid exclusions of various kinds. But because we lack a way of identifying what is peculiar to the relationship of civilisation that avoids the problem of domination, it has tended to be conflated with other ideas. Taking Samuel Huntington's idea of a “Clash of Civilisations” as a starting point, this article argues that we suffer from a widespread confusion of civilisation with “culture,” and that we also confuse it with other ideas including modernity and technological development. Drawing on Thomas Hobbes, the essay proposes an alternative definition of civilisation as the existence of limits on how we may treat others.


2009 ◽  
pp. 123-134
Author(s):  
Stefania Bernini

- Family, Sexuality, Reproduction: an Unsolved Puzzle discusses the relationship between family history, gender studies and the studies of sexualities. Its starting point is the consideration that, perhaps surprisingly, disciplines and research interests apparently close have struggled to find a common language and a fruitful cooperation. Moving from a perspective of family history, this article explores causes and consequences of this apparent difficulty in finding a common ground between scholars of family, gender and sexuality and the possibility of overcoming it.Keywords: Family, Sexuality, Reproduction, Gender studies, Historiography, History.Parole chiave: Famiglia, Sessualitŕ, Riproduzione, Studi di genere, Storiografia, Storia.


2015 ◽  
Vol 115 (8) ◽  
pp. 1457-1480 ◽  
Author(s):  
Dagmara Lewicka ◽  
Katarzyna Krot

Purpose – It is worth focusing on the examination of factors influencing the quality of the work environment. The purpose of this paper is to verify the influence of the HRM system and organisational trust on employee commitment. Design/methodology/approach – The survey was conducted in Poland among 370 employees in organisations from two sectors of the economy: services and industry. The verification of the theoretical model was performed based on structural equation modelling. Findings – Research findings made it possible to successfully verify the model of the relationship between the HRM system (practices, process), organisational trust and commitment. The starting point for trust in an organisation followed by commitment is the HRM system. It seems that the impact of the HRM process on creating organisational trust is higher. Research findings have also confirmed a relationship between each type of organisational trust and calculative commitment based on benefits, which is a strong determinant of affective commitment. Organisational trust is, therefore, an intermediary factor because the organisation must build trust in employees first before they become affectively committed. Originality/value – Current studies have not examined the issue of a mutual relationship between three constructs: perceived HRM practices and process, organisational trust and commitment. What is more, previous research was confined to the constructs analysed holistically without considering their complexity (different types of trust and commitment). In addition, the authors attempted to enrich Allen and Mayer’s (1991) model with a new aspect of the commitment – calculative, which is linked to the benefits received by employees. The authors also identified the mediating influence of the trust and calculative commitment onto the affective commitment.


Sign in / Sign up

Export Citation Format

Share Document