On One Aspect of Law and Morals in Jewish Law: Lifnim Mishurat Hadin

1978 ◽  
Vol 13 (3) ◽  
pp. 359-390 ◽  
Author(s):  
Shmuel Shilo
Keyword(s):  
Moral Values ◽  
Moral Norm ◽  
The Other ◽  
Ethical Behaviour ◽  
Jewish Law ◽  
Moral Norms ◽  
Moral Behaviour ◽  
Full Discussion ◽  
Ethical Norms ◽  
The Difference

In Talmudic literature the term lifnim mishurat hadin (i.e., beyond the line of the law) is mentioned a number of times. Before analyzing the various Talmudic passages where this concept is found, we will ask a number of questions, some of which we will answer in this article. Not all of the answers will be unequivocal and some questions will remain, in the end, provocative and open. Hopefully, the paper will encourage further discussion of the concept lifnim mishurat hadin.Is lifnim mishurat hadin a specific norm of behaviour which can be precisely defined, or is it rather a concept referring to recommended ethical behaviour, similar to general moral values and examples of ethical behaviour which abound in the Talmud but which have no clearly definable characteristics? If we conclude that lifnim mishurat hadin is indeed a precisely defined norm of behaviour does it stand on its own as a specific type of moral behaviour, or is it synonymous with certain other moral norms, dinei shamayim (the Laws of Heaven), midat hassidut (the degree of ethical perfection of men of piety and virtue) or one of the other ethical norms found in the Talmudic sources? If lifnim mishurat hadin is not just another term for some other moral norm, what is the difference between them? (A reasoned answer to this question cannot be given without a full discussion of all the other moral norms in the Talmud; therefore in this article we will only suggest approaches to answering this question). Are there differences of degree within the norm of lifnim mishurat hadin itself? Are there types of behaviour recorded in the Talmud, about which the phrase lifnim mishurat hadin is not used, but which are in fact examples of behaviour lifnim mishurat hadin? If so, is there a reason why such actions were not explicitly described as lifnim mishurat hadin?

The Theory of “Efficient Breach”: A Jewish Law Perspective

2010 ◽  
pp. 339-360
Author(s):  
Ronald Warburg
Keyword(s):  
Economic Efficiency ◽  
Law And Economics ◽  
Moral Norm ◽  
Legal Norm ◽  
Jewish Law ◽  
Distinguishing Characteristic ◽  
Moral Norms ◽  
Inside Information ◽  
Human Organs ◽  
The Law

This article focuses on the theory of efficient breach from the perspective of the Jewish law. The law and economics schools of thought have advanced a number of controversial claims in the name of economic efficiency—from promoting trading on inside information to providing markets for the sale of human organs—but none may be as provocative and challenging as the argument of entitlement and economic efficiency underlying the theory of “efficient breach.” This article explains various Jewish laws such as halakhah. Halakhah distinguishes between legal and moral norms. The distinguishing characteristic between them is enforceability. Whereas a halakhic-legal norm is enforceable by a bet din, compliance with a halakhic moral norm is dependent upon individual volition. There are two components required in the undertaking of an obligation: effectuating a kinyan and gemirat da'at. This article further elaborates upon every other clause pertaining to Jewish law and Judaism which concludes this article.

Moral Norms and Nature Appreciation

2019 ◽  
pp. 127-137
Author(s):  
Robert Stecker
Keyword(s):  
Moral Norm ◽  
The Other ◽  
Natural Environments ◽  
Moral Norms ◽  
Aesthetic Value ◽  
Nature Appreciation ◽  
The Face ◽  
States Of Nature ◽  
Aesthetic Judgments

This chapter asks whether there are moral norms that constrain aesthetic judgments about nature. There are two arguments for this view. The first appeals to the idea that degraded states of nature detract from their aesthetic value. This is an example of interaction. The other argues that aesthetic judgments can manifest disrespect for nature, which makes them defective or inappropriate. Call this idea respect for nature. I will consider each approach and show that arguments for such constraints have not been successful. I will then use elements from these approaches to make a case for the existence of a moral norm that bears on aesthetic judgments about nature. However, I conclude by arguing that this is only one of at least two competing potential moral norms that bear on these judgments, and it is equally reasonable to adopt either one in the face of degraded natural environments.

scholarly journals Inapt gratitude: against expansionist views

2020 ◽  
Author(s):  
Terrance McConnell
Keyword(s):  
Moral Virtue ◽  
Moral Norm ◽  
The Other ◽  
Character Trait ◽  
General Character ◽  
Philosophical Position ◽  
Psychological Literature ◽  
The Difference ◽  
As If

AbstractPsychologists and philosophers have written much about gratitude recently. Many of these contributions have endorsed expansionist views of gratitude, counseling agents to feel and express gratitude in many circumstances. I argue that the essential features of the moral norm of gratitude are that a beneficiary acknowledges and appreciates benefits provided by another who is acting from beneficence, and is disposed to provide a comparable benefit to the benefactor if a suitable occasion arises. The best-known philosophical version of expansionist views claims that gratitude is apt even in cases where the “benefactor” not only did not intend to benefit the other, but intended to harm her. In the psychological literature, expansionists typically do distinguish between being grateful to and being grateful that. But they also write as if there is one general character trait of gratefulness. In this paper I argue that the philosophical position considered is mistaken on conceptual and moral grounds, and that the dominant view among psychologists fails to recognize the difference between two different traits of gratitude, one a moral virtue and the other a prudential virtue.

Enhancement of ADP-induced Platelet Aggregation by Adrenaline in Vivo and Its Prevention

1973 ◽  
Vol 29 (02) ◽  
pp. 490-498 ◽  
Author(s):  
Hiroh Yamazaki ◽  
Itsuro Kobayashi ◽  
Tadahiro Sano ◽  
Takio Shimamoto
Keyword(s):  
Platelet Count ◽  
Platelet Aggregation ◽  
Platelet Rich Plasma ◽  
The Other ◽  
Endothelial Surface ◽  
Important Interaction ◽  
Blood Coagulability ◽  
The Difference

SummaryThe authors previously reported a transient decrease in adhesive platelet count and an enhancement of blood coagulability after administration of a small amount of adrenaline (0.1-1 µg per Kg, i. v.) in man and rabbit. In such circumstances, the sensitivity of platelets to aggregation induced by ADP was studied by an optical density method. Five minutes after i. v. injection of 1 µg per Kg of adrenaline in 10 rabbits, intensity of platelet aggregation increased to 115.1 ± 4.9% (mean ± S. E.) by 10∼5 molar, 121.8 ± 7.8% by 3 × 10-6 molar and 129.4 ± 12.8% of the value before the injection by 10”6 molar ADP. The difference was statistically significant (P<0.01-0.05). The above change was not observed in each group of rabbits injected with saline, 1 µg per Kg of 1-noradrenaline or 0.1 and 10 µg per Kg of adrenaline. Also, it was prevented by oral administration of 10 mg per Kg of phenoxybenzamine or propranolol or aspirin or pyridinolcarbamate 3 hours before the challenge. On the other hand, the enhancement of ADP-induced platelet aggregation was not observed in vitro, when 10-5 or 3 × 10-6 molar and 129.4 ± 12.8% of the value before 10∼6 molar ADP was added to citrated platelet rich plasma (CPRP) of rabbit after incubation at 37°C for 30 second with 0.01, 0.1, 1, 10 or 100 µg per ml of adrenaline or noradrenaline. These results suggest an important interaction between endothelial surface and platelets in connection with the enhancement of ADP-induced platelet aggregation by adrenaline in vivo.

Ethics in the Judiciary System of Bangladesh

1970 ◽  
Vol 1 (2) ◽  
pp. 34-36
Author(s):  
Mehedi Imam
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Moral Values ◽  
The Other ◽  
Considerable Time ◽  
Ethical Knowledge ◽  
Judicial Practice ◽  
Independent Judiciary ◽  
Role Players ◽  
High Level

In Bangladesh, demand for judicial independence in practice has been a much debated issue and the demand is fulfilled but expectation of people is not only limited to have an independent judiciary but to have an impartial system and cadre of people, which will administer justice rationally being free from fear or force. The independence of judiciary and the impartial judicial practice are related concepts, one cannot sustain without the other and here existence as well as the need of practicing impartiality is well recognized. But the art of practicing impartiality does not develop overnight as it’s related to development of one’s attitude. It takes a considerable time resulting from understanding, appreciating and acknowledging the moral values, ethics and professional responsibility. The judiciary includes Judges, Advocates mostly who are expected to demonstrate a high level of moral values and impartiality towards people seeking justice and ‘rule of law’. This is true that bench officers and clerks are also part of the process to ensure rule of law with same level of participation by the law enforcing agencies such as police. However the paper includes only those who either join judiciary as Judge/Magistrate or Advocate to explore level and extent of ethical knowledge they receive being key role players of the system. DOI: http://dx.doi.org/10.3329/bioethics.v1i2.9628 Bangladesh Journal of Bioethics 2010; 1(2): 34-36

Energy Approximation

2017 ◽  
Author(s):  
Philip Isett
Keyword(s):  
Main Lemma ◽  
The Other ◽  
Coarse Scale ◽  
Continuous Solutions ◽  
Material Derivative ◽  
Energy Variation ◽  
Energy Approximation ◽  
The Difference ◽  
Derivatives Of

This chapter presents the equations and calculations for energy approximation. It establishes the estimates (261) and (262) of the Main Lemma (10.1) for continuous solutions; these estimates state that we are able to accurately prescribe the energy that the correction adds to the solution, as well as bound the difference between the time derivatives of these two quantities. The chapter also introduces the proposition for prescribing energy, followed by the relevant computations. Each integral contributing to the other term can be estimated. Another proposition for estimating control over the rate of energy variation is given. Finally, the coarse scale material derivative is considered.

Pengaruh Unsur Budaya Lokal dalam Ungkapan Berbahasa Perancis

Metahumaniora ◽  
2017 ◽  
Vol 7 (3) ◽  
pp. 378
Author(s):  
Vincentia Tri Handayani
Keyword(s):  
Mental Representation ◽  
Cultural Context ◽  
Oral Tradition ◽  
Minimal Element ◽  
The Other ◽  
Local Culture ◽  
Community Groups ◽  
Cultural Community ◽  
The Difference ◽  
Complex Words

AbstrakFolklor yang menghasilkan tradisi lisan merupakan perwujudan budaya yang lahirdari pengalaman kelompok masyarakat. Salah satu bentuk tradisi lisan adalah ungkapan yangmengandung unsur budaya lokal dalam konstruksinya yang tidak dimiliki budaya lainnya.Ungkapan idiomatis memberikan warna pada bahasa melalui penggambaran mental. Dalambahasa Perancis, ungkapan dapat berupa locution dan expression. Perbedaan motif acuansuatu ungkapan dapat terlihat dari pengaruh budaya masyarakat pengguna bahasa. Sebuahleksem tidak selalu didefinisikan melalui unsur minimal, tidak juga melalui kata-kata,baik kata dasar atau kata kompleks, namun dapat melalui kata-kata beku yang maknanyatetap. Hubungan analogis dari makna tambahan yang ada pada suatu leksem muncul dariidentifikasi semem yang sama. Semem tersebut mengarah pada term yang diasosiasikan danyang diperkaya melalui konteks (dalam ungkapan berhubungan dengan konteks budaya).Kata kunci: folklor, ungkapan, struktur, makna idiomatis, kebudayaanAbstractFolklore which produces the oral tradition is a cultural manifestation born out theexperience of community groups. One form of the oral tradition is a phrase that containsthe elements of local culture in its construction that is not owned the other culture. Theidiomatic phrase gives the color to the language through the mental representation. InFrench, the expression can consist of locution and expression. The difference motivesreference of an expression can be seen from the influence of the cultural community thelanguage users. A lexeme is not always defined through a minimal element, nor throughwords, either basic or complex words, but can be through the frost words whose meaningsare fixed. The analogical connection of the additional meanings is on a lexeme arises fromthe identification of the same meaning. The meaning ‘semem’ leads to the associated termsand which are enriched through the context (in idiom related to the cultural context).Keywords : folklore, idioms, structure, idiom meaning, cultureI PENDAHULUAN

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

MEMBANGUN PENDIDIKAN KARAKTER SEJAK USIA DINI

Edupedia ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 55-64
Author(s):  
Agus Supriyadi
Keyword(s):  
Human Resources ◽  
Character Education ◽  
Moral Values ◽  
The Other ◽  
Educational Institutions ◽  
Early Age ◽  
National Education ◽  
Other Hand ◽  
The Government ◽  
The One

Character education is a vital instrument in determining the progress of a nation. Therefore the government needs to build educational institutions in order to produce good human resources that are ready to oversee and deliver the nation at a progressive level. It’s just that in reality, national education is not in line with the ideals of national education because the output is not in tune with moral values on the one hand and the potential for individuals to compete in world intellectual order on the other hand. Therefore, as a solution to these problems is the need for the applicationof character education from an early age.

Rhetoric and argumentation: the unity of the field

2017 ◽  
Author(s):  
Michel Meyer
Keyword(s):  
The Other ◽  
Classic Problem ◽  
False Dilemma ◽  
The Difference ◽  
As If

Rhetoric has always been torn between the rhetoric of figures and the rhetoric of conflicts or arguments, as if rhetoric were exclusively one or the other. This is a false dilemma. Both types of rhetoric hinge on the same structure. A common formula is provided in Chapter 3 which unifies rhetoric stricto sensu and rhetoric as argumentation as two distinct but related strategies adopted according to the level of problematicity of the questions at stake, thereby giving unity to the field called “Rhetoric.” Highly problematic questions require arguments to justify their answers; non-divisive ones can be treated rhetorically through their answers as if they were self-evident. Another classic problem is how to understand the difference between logic and rhetoric. The difference between the two is due to the presence of questions explicitly answered in the premises in logic and only suggested (or remaining indeterminate) in rhetoric.

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