The Vagueness of Proportionality

2021 ◽  
pp. 169-176
Author(s):  
Amichai Cohen ◽  
David Zlotogorski
Keyword(s):  
Empirical Evidence ◽  
Military Officers ◽  
Competing Interests ◽  
Rules Of Thumb ◽  
Principle Of Proportionality ◽  
Amount Of Knowledge ◽  
Relative Weighting ◽  
Numerical Formula

When considering the term “proportionality,” most people intuitively assume that a quantitative value that can be attached to it. In this chapter, this assumption is questioned. First, the chapter presents empirical evidence that indicates that there is no agreement on a specific numerical formula among IHL experts or military officers. Second, the chapter critically evaluates attempts to create a formula for evaluating proportionality. Third, the chapter discusses the use of “rules of thumb” to reduce the uncertainties of the application of proportionality. We conclude that the principle is inherently vague, and intentionally so. No amount of knowledge or experience can lead to the same results, nor is it the goal of the principle of proportionality to achieve the same results across the board. In this regard, proportionality in IHL is not about numbers so much as it is about ensuring the undertaking of a process that weighs competing interests. The relative weighting to be used in any given case is intentionally left open, beyond the purview of the principle.

Military Hegemony and the Transition Program

1999 ◽  
Vol 27 (1) ◽  
pp. 69-72
Author(s):  
J.’Kayode Fayemi
Keyword(s):  
Transition Program ◽  
Military Officers ◽  
Party Formation ◽  
Presidential Candidates ◽  
Competing Interests ◽  
Whole Process ◽  
Military Elite ◽  
Transition Project ◽  
The Military ◽  
Selection Of

This article cautions that the democratization process in Nigeria is not a foregone conclusion. Given the nature of the competing interests within Nigeria’s military hierarchy, there is nothing to suggest that every officer within the ruling military elite has embraced this transition project. This article focuses on the place of the military in the transition program.Although entrenched military interests are not the only threat to the transition program, there is no doubt that the prominent role played by retired and serving military officers in the whole process of party formation and selection of presidential candidates has exacerbated concerns about the specter of militarism. While some in Nigeria simply see the military as the armed wing of the dominant oligarchy, others conclude that the military actually is the oligarchy.

Corporate Law as a Solution to Team Production Problems

2019 ◽  
pp. 196-219
Author(s):  
Margaret M. Blair
Keyword(s):  
Economic Theory ◽  
Empirical Evidence ◽  
Boards Of Directors ◽  
Corporate Law ◽  
Team Production ◽  
Competing Interests ◽  
Legal Structure ◽  
Production Problem ◽  
Production Problems ◽  
Made In

This chapter explains the team production problem as described in economic theory, and presents the argument, first developed by Blair and Stout, that boards of directors serve as a solution to the team production problem. The chapter reviews the legal structure and duties of boards of directors under corporate law to show that directors are called on to make many of the most conflict-laden decisions that must be made in corporations. Thus many of the details of corporate law are consistent with the idea that a primary function of boards of directors is to mediate among important competing interests in the corporation and thereby resolve or head off disputes. The chapter discusses new empirical evidence about what directors do and how they affect the performance of corporations.

scholarly journals VICTIM-IMPACT STATEMENTS AT THE SENTENCING STAGE: GIVING CRIME VICTIMS A VOICE

Obiter ◽  
2021 ◽  
Vol 31 (3) ◽  
Author(s):  
PN Makiwane
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Relevant Information ◽  
Crime Victims ◽  
The State ◽  
Crime Victim ◽  
Competing Interests ◽  
Victim Impact Statements ◽  
Principle Of Proportionality

The principle of proportionality seeks to limit, as far as possible, arbitrary punishment, and to achieve a balance by requiring courts to consider the sometimes competing interests of the state and the accused person. These competing interests have a missing link – the interests of the crime victim. Unless all relevant information is placed before court, including that of crime victims, the court will not arrive at a just punishment. There can be justice only when the interests of not only the offender and the state, but of the victim as well, are considered and balanced against one another. The introduction of victim-impact statements is one of the means by which the said balance may be achieved. Some of the established democracies have recognized the value of introducing victim-impact statements before the sentencing of offenders: South Africa might do well to follow in their footsteps. I believe that the use of thesestatements at appropriate stages of the trial would contribute to positive public perceptions about our criminal-justice system, and promote victim satisfaction with the criminal justice which is perceived by some to be heavily biased in favour of accused persons.This paper seeks to highlight the plight of the crime victim within South Africa’s criminal-justice system, and to add a voice to calls for the introduction of victim-impact statements during the sentencing stage in a criminal trial.

Volatility surfaces: theory, rules of thumb, and empirical evidence

2007 ◽  
Vol 7 (5) ◽  
pp. 507-524 ◽  
Author(s):  
Toby Daglish ◽  
John Hull ◽  
Wulin Suo
Keyword(s):  
Empirical Evidence ◽  
Rules Of Thumb

Challenges to the social motivation theory of autism: The dangers of counteracting an imprecise theory with even more imprecision

2019 ◽  
Vol 42 ◽  
Author(s):  
Mirko Uljarević ◽  
Giacomo Vivanti ◽  
Susan R. Leekam ◽  
Antonio Y. Hardan
Keyword(s):  
Empirical Evidence ◽  
Social Motivation ◽  
Motivation Theory ◽  
The Social

Abstract The arguments offered by Jaswal & Akhtar to counter the social motivation theory (SMT) do not appear to be directly related to the SMT tenets and predictions, seem to not be empirically testable, and are inconsistent with empirical evidence. To evaluate the merits and shortcomings of the SMT and identify scientifically testable alternatives, advances are needed on the conceptualization and operationalization of social motivation across diagnostic boundaries.

Integrating perspectives: How the development of second-personal competence lays the foundation for a second-personal morality

2020 ◽  
Vol 43 ◽  
Author(s):  
John Corbit ◽  
Chris Moore
Keyword(s):  
Empirical Evidence ◽  
Developmental Process ◽  
Focal Point ◽  
Personal Information ◽  
Personal Competence ◽  
Triadic Interactions ◽  
Personal Morality ◽  
Integrative Process

Abstract The integration of first-, second-, and third-personal information within joint intentional collaboration provides the foundation for broad-based second-personal morality. We offer two additions to this framework: a description of the developmental process through which second-personal competence emerges from early triadic interactions, and empirical evidence that collaboration with a concrete goal may provide an essential focal point for this integrative process.

Men Are Hierarchical, Women Are Egalitarian: An Implicit Gender Stereotype

2004 ◽  
Vol 63 (2) ◽  
pp. 107-111 ◽  
Author(s):  
Marianne Schmid Mast
Keyword(s):  
Empirical Evidence ◽  
Implicit Association Test ◽  
Gender Stereotype ◽  
Association Test ◽  
Implicit Association ◽  
Two Samples

The goal of the present study was to provide empirical evidence for the existence of an implicit hierarchy gender stereotype indicating that men are more readily associated with hierarchies and women are more readily associated with egalitarian structures. To measure the implicit hierarchy gender stereotype, the Implicit Association Test (IAT, Greenwald et al., 1998) was used. Two samples of undergraduates (Sample 1: 41 females, 22 males; Sample 2: 35 females, 37 males) completed a newly developed paper-based hierarchy-gender IAT. Results showed that there was an implicit hierarchy gender stereotype: the association between male and hierarchical and between female and egalitarian was stronger than the association between female and hierarchical and between male and egalitarian. Additionally, men had a more pronounced implicit hierarchy gender stereotype than women.

Socially Shared Regulation of Learning: A Review

2015 ◽  
Vol 20 (3) ◽  
pp. 190-203 ◽  
Author(s):  
Ernesto Panadero ◽  
Sanna Järvelä
Keyword(s):  
Empirical Evidence ◽  
Learning Theory ◽  
Qualitative Data ◽  
Social Regulation ◽  
Observation Data ◽  
Optimal Form ◽  
Self Regulated Learning ◽  
The Past ◽  
Recorded Observation ◽  
Socially Shared Regulation

Abstract. Socially shared regulation of learning (SSRL) has been recognized as a new and growing field in the framework of self-regulated learning theory in the past decade. In the present review, we examine the empirical evidence to support such a phenomenon. A total of 17 articles addressing SSRL were identified, 13 of which presented empirical evidence. Through a narrative review it could be concluded that there is enough data to maintain the existence of SSRL in comparison to other social regulation (e.g., co-regulation). It was found that most of the SSRL research has focused on characterizing phenomena through the use of mixed methods through qualitative data, mostly video-recorded observation data. Also, SSRL seems to contribute to students’ performance. Finally, the article discusses the need for the field to move forward, exploring the best conditions to promote SSRL, clarifying whether SSRL is always the optimal form of collaboration, and identifying more aspects of groups’ characteristics.

Neuroscience and Ethics

2017 ◽  
Vol 64 (2) ◽  
pp. 82-92 ◽  
Author(s):  
S. Matthew Liao
Keyword(s):  
Empirical Evidence ◽  
Moral Judgments ◽  
Empirical Results ◽  
Joshua Greene

Abstract. A number of people believe that results from neuroscience have the potential to settle seemingly intractable debates concerning the nature, practice, and reliability of moral judgments. In particular, Joshua Greene has argued that evidence from neuroscience can be used to advance the long-standing debate between consequentialism and deontology. This paper first argues that charitably interpreted, Greene’s neuroscientific evidence can contribute to substantive ethical discussions by being part of an epistemic debunking argument. It then argues that taken as an epistemic debunking argument, Greene’s argument falls short in undermining deontological judgments. Lastly, it proposes that accepting Greene’s methodology at face value, neuroimaging results may in fact call into question the reliability of consequentialist judgments. The upshot is that Greene’s empirical results do not undermine deontology and that Greene’s project points toward a way by which empirical evidence such as neuroscientific evidence can play a role in normative debates.

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