Mental distress or physical inconvenience (except consequent on personal injury or death)

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
Mental Distress ◽  
Traditional Approach ◽  
The Other ◽  
Personal Injury ◽  
Alternative View ◽  
Fatal Accidents ◽  
Pain And Suffering ◽  
Residual Head

Mental distress covers, for example, disappointment, worry, anxiety, fear, upset, and annoyance. On the traditional approach taken by the courts, mental distress, along with ‘pain and suffering’ consequent on a personal injury and ‘bereavement’, compensated under the Fatal Accidents Act 1976, are the heads of non-pecuniary loss covering the claimant’s loss of happiness and distress in contrast to the other ‘objective’ non-pecuniary losses (such as ‘loss of amenity’ consequent on a personal injury and ‘loss of reputation’). On an alternative view, all non-pecuniary loss is regarded as ultimately dealing with distress or loss of happiness and ‘mental distress’ is seen as a residual head for distress not falling within any of the other heads.

Clinical Update: Pain and Suffering

2003 ◽  
Vol 8 (1) ◽  
pp. 5-5
Author(s):  
Sheila Wendler
Keyword(s):  
Subjective Experience ◽  
Personal Injury ◽  
Treatment Interventions ◽  
Medical Expenses ◽  
Affective Component ◽  
Pain Behaviors ◽  
The Social ◽  
Patient’S Experience ◽  
Pain And Suffering ◽  
And Training

Abstract Attorneys use the term pain and suffering to indicate the subjective, intangible effects of an individual's injury, and plaintiffs may seek compensation for “pain and suffering” as part of a personal injury case although it is not usually an element of a workers’ compensation case. The AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fifth Edition, provides guidance for rating pain qualitatively or quantitatively in certain cases, but, because of the subjectivity and privateness of the patient's experience, the AMA Guides offers no quantitative approach to assessing “pain and suffering.” The AMA Guides also cautions that confounders of pain behaviors and perception of pain include beliefs, expectations, rewards, attention, and training. “Pain and suffering” is challenging for all parties to value, particularly in terms of financial damages, and using an individual's medical expenses as an indicator of “pain and suffering” simply encourages excessive diagnostic and treatment interventions. The affective component, ie, the uniqueness of this subjective experience, makes it difficult for others, including evaluators, to grasp its meaning. Experienced evaluators recognize that a myriad of factors play a role in the experience of suffering associated with pain, including its intensity and location, the individual's ability to conceptualize pain, the meaning ascribed to pain, the accompanying injury or illness, and the social understanding of suffering.

The Proximity of Other Skins

2019 ◽  
Author(s):  
Celine Parreñas Shimizu
Keyword(s):  
United States ◽  
South Korea ◽  
The United States ◽  
The Philippines ◽  
The Other ◽  
The West ◽  
Pain And Suffering ◽  
The Spectator ◽  
Existing Frames ◽  
The Voice

Transnational films representing intimacy and inequality disrupt and disgust Western spectators. When wounded bodies within poverty entangle with healthy wealthy bodies in sex, romance and care, fear and hatred combine with desire and fetishism. Works from the Philippines, South Korea, and independents from the United States and France may not be made for the West and may not make use of Hollywood traditions. Rather, they demand recognition for the knowledge they produce beyond our existing frames. They challenge us to go beyond passive consumption, or introspection of ourselves as spectators, for they represent new ways of world-making we cannot unsee, unhear, or unfeel. The spectator is redirected to go beyond the rapture of consuming the other to the rupture that arises from witnessing pain and suffering. Self-displacement is what proximity to intimate inequality in cinema ultimately compels and demands so as to establish an ethical way of relating to others. In undoing the spectator, the voice of the transnational filmmaker emerges. Not only do we need to listen to filmmakers from outside Hollywood who unflinchingly engage the inexpressibility of difference, we need to make room for critics and theorists who prioritize the subjectivities of others. When the demographics of filmmakers and film scholars are not as diverse as its spectators, films narrow our worldviews. To recognize our culpability in the denigration of others unleashes the power of cinema. The unbearability of stories we don’t want to watch and don’t want to feel must be borne.

Aspect and space

2017 ◽  
Author(s):  
Lucas Champollion
Keyword(s):  
Spatial Domain ◽  
The Other ◽  
Alternative View ◽  
Temporal Domain ◽  
Spatial Aspect ◽  
Temporal Aspect ◽  
The Way

This chapter models the relation between temporal aspect (run for an hour vs. *run all the way to the store for an hour) and spatial aspect (meander for a mile vs. *end for a mile) previously discussed by Gawron (2009). The chapter shows that for-adverbials impose analogous conditions on the spatial domain and on the temporal domain, and that an event may satisfy stratified reference with respect to one of the domains without satisfying it with respect to the other one as well. This provides the means to extend the telic-atelic opposition to the spatial domain. The chapter argues in some detail that stratified reference is in this respect empirically superior to an alternative view of telicity based on divisive reference (Krifka 1998).

The Contours of the Non-Lutheran Reformation in Germany, 1522–1546

2021 ◽  
Vol 101 (2-3) ◽  
pp. 167-174
Author(s):  
James M. Stayer
Keyword(s):  
Roman Empire ◽  
Middle Ages ◽  
Roman Catholic ◽  
Holy Roman Empire ◽  
The Other ◽  
Alternative View ◽  
Late Middle Ages ◽  
The Common

Abstract Among the common ways of portraying Reformation divides are the following categories: Magisterial vs Radical Reformations; or a “church type” vs a “sect type” of reform. This essay offers an alternative view. It underscores the differences between Lutherans and Anglicans on one side; and the Reformed, Anabaptists, and Schwenckfelders on the other. The Lutherans, like the Anglicans under Henry VIII, worshipped in altar-centered churches which were Roman Catholic in appearance. They presented themselves as reformers of Catholic errors of the late Middle Ages. By contrast, when the Reformed, Anabaptists, and Schwenckfelders met for worship, it was in unadorned Bible-centered meeting houses. The Anabaptists were targeted for martyrdom by the decree of the Holy Roman Empire of 1529 against Wiedertäufer (“rebaptists”). Contrary to the later memory that they practiced a theology of martyrdom, the preference of apprehended Anabaptists was to recant.

scholarly journals The problem of indoctrination, with a focus on moral education

2017 ◽  
Vol 7 (3-4) ◽  
pp. 187-198 ◽  
Author(s):  
Jan Hábl
Keyword(s):  
Moral Education ◽  
Traditional Approach ◽  
The Other ◽  
Other Hand ◽  
The Subject ◽  
Liberal Approach

AbstractIndoctrination is a large and important issue in (not only moral) education. It is considered to be one of the capital pedagogical faults. However, the question is, what does it mean to indoctrinate? Educators from the liberal camp of the educational spectrum have had the tendency to criticize the traditional approach as “indoctrinational.” On the other hand, proponents of the traditional approach object that if indoctrination were defined properly then even the liberal approach would not be immune. This raises two fundamental questions that will be the subject of this study: a) what exactly does it mean to indoctrinate? b) is education without indoctrination even possible?

Animal rights – Jewish perspectives

2021 ◽  
Author(s):  
Ronen Pinkas
Keyword(s):  
Moral Responsibility ◽  
Animal Rights ◽  
Golden Rule ◽  
The Other ◽  
Jewish Tradition ◽  
Strict Adherence ◽  
The Status ◽  
The Face ◽  
Pain And Suffering ◽  
Paradigmatic Change

This article raises the question why is it that, despite Jewish tradition devoting much thought to the status and treatment of animals and showing strict adherence to the notion of preventing their pain and suffering, ethical attitudes to animals are not dealt with systematically in the writings of Jewish philosophers and have not received sufficient attention in the context of moral monotheism. What has prevented the expansion of the golden rule: »Love your fellow as yourself: I am the LORD« (Lev 19,18) and »That which is hateful to you do not do to another« (BT Shabbat 31a:6; JT Nedarim 30b:1) to animals? Why is it that the moral responsibility for the fellow-man, the neighbor, or the other, has been understood as referring only to a human companion? Does the demand for absolute moral responsibility spoken from the face of the other, which Emmanuel Levinas emphasized in his ethics, not radiate from the face of the non-human other as well? Levinas’s ethics explicitly negates the principle of reciprocity and moral symmetry: The ›I‹ is committed to the other, regardless of the other’s attitude towards him. Does the affinity to the eternal Thou which Martin Buber also discovers in plants and animals not require a paradigmatic change in the attitude towards animals?

scholarly journals Intercultural Training: Learn to avoid treading on other people’s toes or experience walking in the other person’s shoes

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Kristin Rygg
Keyword(s):  
Intercultural Communication ◽  
Traditional Approach ◽  
The Other ◽  
Intercultural Training ◽  
Theoretical Discussion ◽  
Culture Clash ◽  
Interactive Tools ◽  
Case Work ◽  
Insight Into

This article raises the question of whether the traditional approach in intercultural training focusing on knowledge about cultural differences and skills to avoid culture clash is sufficient in order to prepare intercultural communication trainees for dynamic and psychologically demanding multicultural environments. Inspired by the concept of mentalizing in the psycho-therapeutic method called Mentalization-based treatment, training that encourages imaginatively “seeing the other from the inside and oneself from the outside” is suggested as better able to prepare for complex intercultural realities. Tolerance is seen as tolerance for being in the intercultural process as much as tolerance for others’ differences. A theoretical discussion between the notion of mentalizing in mentalization-based treatment and perceptions of empathy, imagination and mindfulness further provides insight into the role of interactive tools such as case work and role plays in intercultural training. These, in turn, are seen as best suited to fulfil the goals and ambitions of the theories. However, experiences gained from them must be verbalized in order to cause increased awareness.

The waking-to-dreaming continuum and the effects of emotion

2000 ◽  
Vol 23 (6) ◽  
pp. 947-950 ◽  
Author(s):  
Ernest Hartmann
Keyword(s):  
Emotional State ◽  
Three Dimensional ◽  
The Other ◽  
Alternative View ◽  
Mental Functioning ◽  
The Continuum

The three-dimensional “AIM model” proposed by Hobson et al. is imaginative. However, many kinds of data suggest that the “dimensions” are not orthogonal, but closely correlated. An alternative view is presented in which mental functioning is considered as a continuum, or a group of closely linked continua, running from focused waking activity at one end, to dreaming at the other. The effect of emotional state is increasingly evident towards the dreaming end of the continuum.[Hobson et al.; Nielsen; Solms]

scholarly journals From Meaning to Money: Translating Injury into Dollars

2018 ◽  
Author(s):  
Valerie P. Hans ◽  
Rebecca K. Helm ◽  
Valerie Reyna
Keyword(s):  
Decision Making ◽  
Personal Injury ◽  
Economic Losses ◽  
Translation Process ◽  
Damage Awards ◽  
Perceived Difficulty ◽  
Perceived Pain ◽  
Pain And Suffering ◽  
Exact Figure ◽  
The Relationship

Legal systems often require the translation of qualitative assessments into quantitative judgments, yet the qualitative-to-quantitative conversion is a challenging, understudied process. We conducted an experimental test of predictions from a new theory of juror damage award decision making, examining how 154 lay people engaged in the translation process in recommending money damages for pain and suffering in a personal injury tort case. The experiment varied the presence, size, and meaningfulness of an anchor number to determine how these factors influenced monetary award judgments, perceived difficulty, and subjective meaningfulness of awards. As predicted, variability in awards was high, with awards participants considered to be “medium” (rather than “low” or “high”) having the most dispersion. The gist of awards as low, medium, or high fully mediated the relationship between perceived pain/suffering and award amount. Moreover, controlling for participants’ perceptions of plaintiffs and defendants, as well as their desire to punish and to take economic losses into account, meaningful anchors predicted unique variance in award judgments: A meaningful large anchor number drove awards up and a meaningful small anchor drove them down, whereas meaningless large and small anchors did not differ significantly. Numeracy did not predict award magnitudes or variability, but surprisingly, more numerate participants reported that it was more difficult to pick an exact figure to compensate the plaintiff for pain and suffering. The results support predictions of the theory about qualitative gist and meaningful anchors, and suggest that we can assist jurors to arrive at damage awards by providing meaningful numbers.

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