Liberty, Community, and Corrective Justice

1988 ◽  
Vol 1 (1) ◽  
pp. 3-17 ◽  
Author(s):  
Ernest J. Weinrib

In a well-known article, Duncan Kennedy has stated that the central problem for law is its treatment of the fundamental contradiction of our condition. On the one hand we are dependent on others for protection against destruction and for the fullest realization of our sense of ourselves; on the other hand we recognize in others a threat to our own well-being. Kennedy regarded the dilemma “that relations with others are both necessary to and incompatible with our freedom” as the essence of every legal problem, and he ascribed to the liberal conception of law the historical function of dressing up as rational or natural the structures of bondage that emerged as its particular resolutions. Kennedy’s contradiction invokes the recurrent tension between the notions of liberty and community that supply traditional vantage points for the analysis of social and political relations. The reconciliation of these notions poses an enduring philosophical problem, and one need not agree with Kennedy’s unflattering assessment of the law’s function to realize that it is a problem in which law too has been centrally implicated.

Author(s):  
Vlad Glăveanu

This chapter addresses why people engage in creativity. This question can be answered at different levels. On the one hand, one can refer to what motivates creative people to do what they do. On the other hand, the question addresses a deeper level, that of how societies today are built and how they, in turn, construct the meaning and value of creativity. Nowadays, people consider creativity intrinsically valuable largely because of its direct and indirect economic benefits. However, creative expression also has a role for health and well-being. Creativity also relates to meaning in life. The chapter then considers how creativity can be used for good or for evil.


Author(s):  
Michael Jubien

A person may believe in the existence of God, or numbers or ghosts. Such beliefs may be asserted, perhaps in a theory. Assertions of the existence of specific entities or kinds of entities are the intuitive source of the notion of ontological commitment, for it is natural to think of a person who makes such an assertion as being ‘committed’ to an ‘ontology’ that includes such entities. So ontological commitment appears to be a relation that holds between persons or existence assertions (including theories), on the one hand, and specific entities or kinds of entities (or ontologies), on the other. Ontological commitment is thus a very rich notion – one in which logical, metaphysical, linguistic and epistemic elements are intermingled. The main philosophical problem concerning commitment is whether there is a precise criterion for detecting commitments in accordance with intuition. It once seemed extremely important to find a criterion, for it promised to serve as a vital tool in the comparative assessment of theories. Many different criteria have been proposed and a variety of problems have beset these efforts. W.V. Quine has been the central figure in the discussion and we will consider two of his formulations below. Many important philosophical topics are closely connected with ontological commitment. These include: the nature of theories and their interpretation; interpretations of quantification; the nature of kinds; the question of the existence of merely possible entities; extensionality and intensionality; the general question of the nature of modality; and the significance of Occam’s razor.


2020 ◽  
Vol 13 (4) ◽  
pp. 442-453
Author(s):  
Sadhna Dash

As organisations deal with the evolving nature of the new normal, the role of the human resources (HR) is getting redefined to meet the ongoing needs of its workforce. Designing employee–HR experiences in an uncertain and ambiguous work world emerges as one of the top challenges for HR leaders. On the one hand, employee well-being initiatives like employee mentoring, virtual mindfulness workshops, health tips and free consulting and counselling services are becoming the norm. On the other hand, the HR function is itself being re-crafted for the emergent workplace. Technology plays a pivotal role, fuelling the need for scaling HR activities to provide next-gen employee experiences. As the war for high-tech talent increases, organisations are re-crafting an all new HR playbook to differentiate themselves as preferred employers. Within the transforming work and workplace context, the worker continues to be in the eye of the storm and demands both attention and action.


Author(s):  
Mercedes Gómez-López ◽  
Carmen Viejo ◽  
Rosario Ortega-Ruiz

Adolescence and emerging adulthood are both stages in which romantic relationships play a key role in development and can be a source of both well-being and negative outcomes. However, the limited number of studies prior to adulthood, along with the multiplicity of variables involved in the romantic context and the considerable ambiguity surrounding the construct of well-being, make it difficult to reach conclusions about the relationship between the two phenomena. This systematic review synthesizes the results produced into this topic over the last three decades. A total of 112 studies were included, following the Preferred Reporting Items for Systematic Review and Meta-Analysis Protocols (PRISMA-P) guidelines. On the one hand, these works revealed the terminological heterogeneity in research on well-being and the way the absence of symptoms of illness are commonly used to measure it, while on the other hand, they also showed that romantic relationships can be an important source of well-being for both adolescents and emerging adults. The findings underline the importance of providing a better definition of well-being, as well as to attribute greater value to the significance of romantic relationships. Devoting greater empirical, educational, and community efforts to romantic development in the stages leading up to adulthood are considered necessary actions in promoting the well-being of young people.


1966 ◽  
Vol 2 (1) ◽  
pp. 129-136
Author(s):  
Richard C. Hall

The philosophical problem of the relation of symbol to truth is far from solved, but there have been significant advances toward its solution. It is the common Christian understanding that God is Truth (among other things), and that all truths must ultimately find union in him. This is to say that all genuine truths must be compatible. The true conclusions of genuine science must be compatible with the true conclusions of genuine theology. Or, to bring this general statement to a more particular level, the true conclusions of Biblical scholarship must be compatible with the true conclusions of the natural sciences. When this compatibility is lacking, and it so often is, we must assume that the conclusions of one field of truth-seeking or the other do not partake of the Truth which is God. And there is no guarantee that theology as a field of truth-seeking cannot err. Another characteristic of genuine truth is that it is not dependent upon any particular environment or milieu—either social, cultural, philosophical, or even theological. Unless we are to make the common but dangerous division of sacred and secular, of holy and profane, claim that these areas of human experience have nothing to do the one with the other, compartmentalise our thought, and ask, ‘What has Athens to do with Jerusalem?’, it must be concluded that there is no one specifically Christian milieu. Genuine truths must be true at all times, in all places, and for all men. But since we are not gods, we must hold these truths in what St Paul called earthen vessels (II Cor. 4:7), vessels shaped and moulded by our particular milieu.


2003 ◽  
Vol 27 (3) ◽  
pp. 247-270 ◽  
Author(s):  
Johan Wiklund ◽  
Per Davidsson ◽  
Frédéric Delmar

This study focuses on small business managers‘ motivation to expand their firms. More specifically, we examine the relationships between expected consequences of growth on the one hand, and overall attitude toward growth on the other. Data were collected in three separate studies over a ten-year period using the same measuring instrument. The results suggest that noneconomic concerns may be more important than expected financial outcomes in determining overall attitude toward growth. In particular, the concern for employee well-being comes out strongly. We interpret this as reflecting a concern that the positive atmosphere of the small organization may be lost in growth. We conclude that this concern may be a cause for recurrent conflict for small business managers when deciding about the future route for their firms.


2008 ◽  
Vol 6 (1) ◽  
pp. 71-93 ◽  
Author(s):  
Stefaan E. Cuypers ◽  
Ishtiyaque Haji

Liberals champion the view that promoting autonomy — seeing to it that our children develop into individuals who are self-governing in the conduct of their lives — is a vital aim of education, though one generally accredited as being subsidiary to well-being. Our prime goal in this article is to provide a partial validation of this liberal ideal against the backdrop of a freedom-sensitive attitudinal hedonism — our favored life-ranking axiology.We propose that there is a pivotal connection between the concept of maximizing well-being and another concept central in the philosophy of education and in the literature on free agency: the concept of our springs of action, such as our desires or beliefs, being `truly our own' or, alternatively, autonomous. We suggest that it is the freedom that moral responsibility requires that bridges the overarching aim of securing well-being, on the one hand, and the subsidiary aim of promoting autonomy, on the other.


2005 ◽  
Vol 56 ◽  
pp. 22-23
Author(s):  
Michael Wheeler

As a first shot, one might say that environmental ethics is concerned distinctively with the moral relations that exist between, on the one hand, human beings and, on the other, the non-human natural environment. But this really is only a first shot. For example, one might be inclined to think that at least some components of the non-human natural environment (non-human animals, plants, species, forests, rivers, ecosystems, or whatever) have independent moral status, that is, are morally considerable in their own right, rather than being of moral interest only to the extent that they contribute to human well-being. If so, then one might be moved to claim that ethical matters involving the environment are best cashed out in terms of the dutes and responsibilities that human beings have to such components. If, however, one is inclined to deny independent moral status to the non-human natural environment or to any of its components, then one might be moved to claim that the ethical matters in question are exhaustively delineated by those moral relations existing between individual human beings, or between groups of human beings, in which the non-human natural environment figures. One key task for the environmental ethicist is to sort out which, if either, of these perspectives is the right one to adopt—as a general position or within particular contexts. I guess I don’t need to tell you that things get pretty complicated pretty quickly.


Author(s):  
Igor G. Petrov

On the basis of literary, archival, folklore sources and expedition materials, the article examines such a little-studied genre of Chuvash folklore as prohibitions (taboos). Special attention is paid to the systematization and analysis of behavioral prohibitions that have long existed and continue to exist in the funeral rites of the Chuvash. By behavioral prohibitions, the author means a set of well-established and generally accepted prescriptions and rules that regulated the everyday and ritual behavior of an individual and a collective within the framework of a funeral and memorial rite – family members, relatives, as well as other members of a rural community. Their observance was due to the fear of the society members before the deceased and death, the desire to appease the deceased and secure his protection, as well as the desire to protect themselves from the deceased and ensure his safe transition to the other world. By adhering to the prohibitions, people ensured their own safety and well-being, and in general secured the protection of the deceased as a representative of the ancestral world. Despite the superstitious nature of most of the prohibitions, they still exist nowadays. On the one hand, this indicates the antiquity of their origin, on the other – their stability in time and space.


Author(s):  
Rafael Ravina Ripoll ◽  
María-José Foncubierta-Rodríguez ◽  
Luis Bayardo Tobar-Pesántez ◽  
Eduardo Ahumada-Tello

Currently, age is characterized, on the one hand, by the existence of governance systems that are gradually eroding the Welfare State and, on the other hand, by the implementation of business management models based on precarious work and a massive reduction in jobs. This work aims to analyze the degree of happiness perceived in the group of Spanish entrepreneurs (either with or without employees), compared to that perceived by employees (whether permanent or temporary); and if that happiness is associated with certain socio-demographic variables gender, level of studies and income level).For this reason, there is a need to consider these working hypotheses proposed. Starting with the general null variable (H0), its opposite is established: H1. There is a relationship between the type of professional situation (employee, businessperson, self-employed, cooperative, etc.) and happiness; that is, there is an association between the different employment categories (represented by the variable professional situation) and the value given to the variable that measures the degree of perceived happiness. The averages of the distributions for each category are not similar. Keywords: Happiness, Entrepreneur, Wage Earners, Well-being, Professional Situation.


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