After the Revolution

2000 ◽  
Vol 34 (2) ◽  
pp. 139-169 ◽  
Author(s):  
Gary Jeffrey Jacobsohn
Keyword(s):  
Problem Solving ◽  
Human Dignity ◽  
Early Stage ◽  
New Paradigm ◽  
Public Attention ◽  
The Supreme Court ◽  
Fundamental Law ◽  
The Many ◽  
Constitutional Revolution ◽  
Do So

The man who embraces a new paradigm at an early stage must often do so in defiance of the evidence provided by problem-solving. He must, that is, have faith that the new paradigm will succeed with the many large problems that confront it, knowing only that the older paradigm has failed with a few.Only a brief interval separated the signing into law of the two Basic Laws of 1992 and the rhetorical elevation of that moment to revolutionary significance. However, use of the term “constitutional revolution” to describe the addition of the Basic Laws on Freedom of Occupation and Human Dignity and Freedom to the corpus of Israeli fundamental law was destined to have more than rhetorical significance. Had the characterization been made by someone other than the next President of the Supreme Court, it might have attracted a modicum of public attention before fading from view, perhaps to be remembered only as a felicitous example of wishful thinking.

Enforcement of Divorce Judgments in Jewish Courts in Israel: The Interaction Between Religious and Constitutional Law

2012 ◽  
Vol 4 (1) ◽  
pp. 1-68 ◽  
Author(s):  
Yehiel S. Kaplan
Keyword(s):  
Policy Analysis ◽  
Supreme Court ◽  
Human Dignity ◽  
Constitutional Law ◽  
The State ◽  
Coercive Measures ◽  
Basic Law ◽  
The Supreme Court ◽  
State Of Israel ◽  
Do So

In the State of Israel, Rabbinical courts are granted sole jurisdiction in the adjudication of marriage and divorce of Jews. In these courts, the husband presents the divorce writ of Jews, the get, to his wife on the occasion of their divorce at the end of the adjudication process. When Jews sue for divorce in Rabbinical courts, the courts occasionally determine that the man should grant his wife a get or that the wife should accept the get granted by her husband. Sometimes one spouse disobeys the ruling. Although the Rabbinical courts occasionally impose sanctions in an attempt to enforce divorce judgments, they are generally reluctant to do so. The implementation of inappropriate measures can lead to the conclusion that a given divorce is in fact a legally ineffectual coerced divorce. Consequently, the Jewish courts occasionally delay the imposition of these sanctions out of concern that inappropriate coercive measures invalidate the get, rendering the couple still legally married. The Supreme Court of Israel has ruled, though, that the Rabbinical courts in Israel should act in light of the constitutional principles in Basic Law: Human Dignity and Freedom. However, the Supreme Court of Israel has not clearly or specifically addressed the balance between the rights and obligations of the husband and wife in the process of enforcing divorce judgments, neither before nor after the enactment of the of the two important constitutional Basic Laws enacted in 1992. A detailed policy analysis of the sanctions against recalcitrant spouses in Rabbinical courts in Israel—in light of the principles of Jewish and constitutional law in the country—has not yet been undertaken. The aim of this essay is therefore to present the appropriate formula pertaining to the imposition of sanctions against recalcitrant spouses given the principles of Jewish and constitutional law. The formula is presented in light of constitutional law in Israel. However, it is also applicable in other countries with similar constitutional legislation, such as Canada, where legislation sometimes allows for the civil enforcement of Jewish divorce.

Emerson's Memory Loss

2017 ◽  
Author(s):  
Christopher Hanlon
Keyword(s):  
William James ◽  
Memory Loss ◽  
Margaret Fuller ◽  
Final Phase ◽  
Important Work ◽  
The Social ◽  
The Many ◽  
The One ◽  
Do So ◽  
The Way

Emerson’s Memory Loss is about an archive of texts documenting Emerson’s intellectual state during the final phase of his life, as he underwent dementia. It is also about the way these texts provoke a rereading of the more familiar canon of Emerson’s thinking. Emerson’s memory loss, Hanlon argues, contributed to the shaping of a line of thought in America that emphasizes the social over the solipsistic, the affective over the distant, the many over the one. Emerson regarded his output during the time when his patterns of cognition transformed profoundly as a regathering of focus on the nature of memory and of thinking itself. His late texts theorize Emerson’s experience of senescence even as they disrupt his prior valorizations of the independent mind teeming with self-sufficient conviction. But still, these late writings have succumbed to a process of critical forgetting—either ignored by scholars or denied inclusion in Emerson’s oeuvre. Attending to a manuscript archive that reveals the extent to which Emerson collaborated with others—especially his daughter, Ellen Tucker Emerson—to articulate what he considered his most important work even as his ability to do so independently waned, Hanlon measures the resonance of these late texts across the stretch of Emerson’s thinking, including his writing about Margaret Fuller and his meditations on streams of thought that verge unto those of his godson, William James. Such ventures bring us toward a self defined less by its anxiety of overinfluence than by its communality, its very connectedness with myriad others.

‘Higher then to her no bookes doe reach’

2018 ◽  
Author(s):  
Martha Vandrei
Keyword(s):  
Early Stage ◽  
Deep Understanding ◽  
Contemporary Philosophy ◽  
James I ◽  
Historical Method ◽  
The Past ◽  
Classical World ◽  
Material Evidence ◽  
Do So

This chapter and the following both draw the reader into seventeenth-century understandings of the past, and of Boudica in particular, and makes clear that in a time before disciplines, writers of ‘history’ were erudite commentators, immersed in political thought, the classical world, and contemporary ideas, as well as in drama, poetry, and the law. Chapter 1 shows the subtleties of Boudica’s place in history at this early stage by giving sustained attention to the work of Edmund Bolton (1574/5–c.1634), the first person to analyse the written and material evidence for Boudica’s deeds, and the last to do so in depth before the later nineteenth century. Bolton’s distaste for contemporary philosophy and his loyalty to James I were highly influential in determining the way the antiquary approached Boudica and her rebellion; but equally important was Bolton’s deep understanding of historical method and the strictures this placed on his interpretive latitude.

scholarly journals “Our” Bodies: Property Rights in Human Tissue

1993 ◽  
Vol 8 (2) ◽  
pp. 113-138 ◽  
Author(s):  
Joan M. Gilmour
Keyword(s):  
Property Rights ◽  
Medical Research ◽  
Human Tissue ◽  
Effective Control ◽  
Technological Advances ◽  
The Supreme Court ◽  
The Many ◽  
Economic Goods ◽  
The University ◽  
Near Future

AbstractIn Moore v. Regents of the University of California, the Supreme Court of California held that the human source of blood and tissue used by his physician and other defendants in potentially lucrative medical research without his permission could not assert a legal claim that, in doing so, the defendants had deprived him of any property right in these materials or the cell line developed from them. He was, however, permitted to proceed with his claim that there had been a failure to obtain his informed consent to the excision or removal of these materials, given that their end uses were not disclosed. The decision in Moore is but one example of the range of new legal problems created by the many and rapid advances in biotechnology, and of the attempts courts are making to respond. The judgment raises questions about whether these types of issues as between the patient and medical, research, and pharmaceutical concerns can or ought to be analyzed in terms of property rights. Are the general justifications for recognizing proprietary rights that have traditionally been influential in judicial decisions useful or helpful in this context? And what of the identity of the decision-maker? In Moore, the majority was content to effectively delegate much of the decision-making authority to the U.S. Patent Office and the Office of Technology Assessment. While there are no Canadian decisions directly on point as yet, the pace of technological advances, the potential for economic gain, and the international nature of biotechnology enterprises all set the scene for these issues' coming before our courts in the near future. This paper begins to explore the implications of adopting an analytical model based on property rights and to address the fact that the biotechnology industry already operates on the premise that such material can be owned. It concludes that the current legal regime needs to be modified to allow effective control of these new realities and suggests principles that might be adopted to address important concerns that are raised by the transformation of human tissue and cells into economic goods.

The concept of human dignity in the case-law of the Supreme Court of Canada on Charter Equality Rights

2021 ◽  
Vol 30 (5) ◽  
pp. 118-137
Author(s):  
Tatiana Vasilieva ◽  
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Supreme Court ◽  
Human Dignity ◽  
Case Law ◽  
Supreme Court Of Canada ◽  
Equality Rights ◽  
The Supreme Court ◽  
Additional Burden ◽  
The Impact

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.

Thank you to our contributors

1991 ◽  
Vol 29 (26) ◽  
pp. 104.1-104
Keyword(s):  
Pharmaceutical Industry ◽  
General Practitioners ◽  
Advisory Council ◽  
Consensus View ◽  
One Year ◽  
The Many ◽  
Do So

Articles in the Bulletin have been unsigned since it began. This is because they aim to present a consensus view which incorporates contributions from many people, including specialists, general practitioners and members of the pharmaceutical industry, as well as the Bulletin’s Advisory Council. We are very grateful to them all, but although we have often been asked who they are, we cannot name the many hundreds who have helped us in any one year. However, we can at least name those not listed in our tailpiece who have taken a major share in the production of articles published in the last year, and do so now.

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

Toward a Reasoning Framework of Design As Synthesis

1999 ◽  
Author(s):  
Masaharu Yoshioka ◽  
Tetsuo Tomiyama
Keyword(s):  
Decision Making ◽  
Problem Solving ◽  
Design Process ◽  
Process Modeling ◽  
Implementation Strategy ◽  
Multiple Model ◽  
Hypothetical Reasoning ◽  
Design Processes ◽  
Design Process Modeling ◽  
Do So

Abstract Most of the previous research efforts for design process modeling had such assumptions as “design as problem solving,” “design as decision making,” and “design by analysis,” and did not explicitly address “design as synthesis.” These views lack notion and understanding about synthesis. Compared with analysis, synthesis is less understood and clarified. This paper discusses our fundamental view on synthesis and approach toward a reasoning framework of design as synthesis. To do so, we observe the designer’s activity and formalize knowledge operations in design processes. From the observation, we propose a hypothetical reasoning framework of design based on multiple model-based reasoning. We discuss the implementation strategy for the framework.

Demystifying intuition as the main decision system used by farmers.

2021 ◽  
Vol 16 (10) ◽  
Author(s):  
Peter Nuthall
Keyword(s):  
Decision Making ◽  
Literature Search ◽  
Relevant Literature ◽  
Farm Management ◽  
Decision Making Process ◽  
Decision System ◽  
Intuitive Process ◽  
Important Improvement ◽  
The Many ◽  
Do So

Abstract Over the decades, many researchers have explored the concept of intuition as a decision-making process. However, most of this research does not quantify the important aspects of intuition, making it difficult to fully understand its nature and improve the intuitive process, enabling an efficient method of decision-making. The research described here, through a review of the relevant literature, demystifies intuition as a decision system by isolating the important intuition determining variables and relating them to quantitative intuition research. As most farm decisions are made through intuition, farmers, consultants, researchers and students of farm management will find the review useful, stimulating efforts for improving decision-making skills in farmers. The literature search covered all journals and recent decades and includes articles that consider the variables to be targeted in improving intuitive skill. This provides a basis for thinking about intuition and its improvement within the farming world. It was found from the literature that most of the logical areas that should influence decisions do in fact do so and should be targeted in improving intuition. One of the most important improvement processes is a farmer's self-criticism skills through using a decision diary in conjunction with reflection and consultation leading to improved decisions. This must be in conjunction with understanding, and learning about, the many other variables also impacting on intuitive skill.

The Effects of Expertise and Social Status on Team Member Influence and the Moderating Roles of Intragroup Conflicts

2017 ◽  
Vol 44 (4) ◽  
pp. 745-776 ◽  
Author(s):  
Woonki Hong ◽  
Lu Zhang ◽  
Kwangwook Gang ◽  
Boreum Choi
Keyword(s):  
Social Status ◽  
Early Stage ◽  
Project Teams ◽  
Team Processes ◽  
Team Members ◽  
Expectation States ◽  
Team Projects ◽  
Expectation States Theory ◽  
Team Project ◽  
Do So

Drawing on expectation states theory and expertise utilization literature, we examine the effects of team members’ actual expertise and social status on the degree of influence they exert over team processes via perceived expertise. We also explore the conditions under which teams rely on perceived expertise versus social status in determining influence relationships in teams. To do so, we present a contingency model in which the salience of expertise and social status depends on the types of intragroup conflicts. Using multiwave survey data from 50 student project teams with 320 members at a large national research institute located in South Korea, we found that both actual expertise and social status had direct and indirect effects on member influence through perceived expertise. Furthermore, perceived expertise at the early stage of team projects is driven by social status, whereas perceived expertise at the later stage of a team project is mainly driven by actual expertise. Finally, we found that members who are being perceived as experts are more influential when task conflict is high or when relationship conflict is low. We discuss the implications of these findings for research and practice.

Sign in / Sign up

Export Citation Format

Share Document