The Role of Fault in Contract Law

2018 ◽  
Author(s):  
Melvin A. Eisenberg
Keyword(s):  
Building Block ◽  
Strict Liability ◽  
Contract Law ◽  
Moral Values ◽  
Human Condition ◽  
Breach Of Contract ◽  
Contract Liability ◽  
The Human Condition

Chapter 12 considers the role of fault in contract law. Restatement Second of Contracts provides that “Contract liability is strict liability. It is an accepted maxim that pacta sunt servanda, contracts are to be kept. The obligor is therefore liable in damages for breach of contract even if he is without fault . . . .” Similarly, the Farnsworth’s treatise states that “contract law is, in its essential design, a law of strict liability, and the accompanying system of remedies operates without regard to fault.” These statements, and many others like them, are incorrect. As a normative matter fault should be a building block of contract law. One part of the human condition is that we hold many moral values concerning right and wrong, and therefore fault. Contract law cannot escape this condition.

The Role of the Core Moral Values in Social Work

2018 ◽  
pp. 18-24
Author(s):  
Sorin-Tudor Maxim
Keyword(s):  
Social Work ◽  
Moral Values ◽  
Human Condition ◽  
Human Intervention ◽  
Traditional Values ◽  
The Core ◽  
The Social ◽  
The Human Condition

We consider it appropriate to examine, within the social work act, under the new circumstances, the importance of other than traditional values which tend to become central, that human intervention relates to. In this particular context, tolerance, understood as a respect for different, but human lifestyles, and the empathy, as a way to meet real, not “presumed” expectations, of individuals and groups, have the ability to restructure the system of values of social work able to allow a different approach in order to achieve the human condition.

scholarly journals Man, fate, and death in Indo-European tradition

2004 ◽  
pp. 49
Author(s):  
Martin Litchfield West
Keyword(s):  
Human Condition ◽  
Old Irish ◽  
European Tradition ◽  
Linguistic Material ◽  
The Human Condition

This paper deals with Indo-European concepts concerning the human condition: the nature of man, the role of fate in shaping his life, his destiny in death. The evidence is partly drawn from linguistic material, partly from literary. The assumption is that, just as comparison of vocabulary in widely separated languages such as Hittite, Sanskrit and Old Irish makes it possible to reconstruct words of the parent language, so comparison of parallel motifs in different traditional literatures may show up inherited ideas and beliefs.

The Seduction of Eve and the Exegetical Politics of Gender

1996 ◽  
Vol 4 (1) ◽  
pp. 1-39 ◽  
Author(s):  
Reuven Kimelman
Keyword(s):  
Coming Of Age ◽  
Human Condition ◽  
Divine Command ◽  
The Creation ◽  
The Human Condition

AbstractThis reading of the Eve and Adam story focuses on the consequential role of the woman and her linkage to the serpent. Her rapid switch from defender to transgressor of the divine command shows that the idea of disobeying God was not instigated exclusively by the serpent. Since the serpent does not get her to act out of character, he does not function outside of her, but provides a rationale for her to extend previous inklings. This function of the serpent is based on the differences between the original divine command and her rendering. It is supported by the reader's awareness that her Hebrew name Havva sounds like its cognates hivyah and hivvah which mean serpent and speech, respectively. The talking serpent becomes the inner Eve. Thus, the story is not one of humanity coming of age but a parable of the human condition. Our heroine is nothing less than Every(wo)man. Her representative status explains why the story features both woman and serpent, why the serpent talks specifically to woman, why of all the ancient epics of origins Genesis alone gives the creation of woman separate billing, and why Genesis underscores the commonality between man and woman. By highlighting the significance of the woman, this reading makes for the remarkable combination of authoritarian theology and egalitarian anthropology.

scholarly journals Pieśni rozpaczy w czasach pogardy Wokół cyklu poetyckiego Márciustól márciusig Istvána Vasa

2019 ◽  
pp. 209-220
Author(s):  
Kinga Piotrowiak-Junkiert
Keyword(s):  
Historical Memory ◽  
Literary Text ◽  
Human Condition ◽  
Communist Regime ◽  
Jewish Origin ◽  
The Human Condition

The article offers an interpretation of the poetic cycle Od marca do marca [From March to March] by István Vas, a Hungarian poet and writer of Jewish origin. The author treated each of his poems as a notebook, where he recorded his reflections on the situation of Hungarian Jews, the human condition, the siege of Budapest, etc. For Vas, each piece is a separate testimony to the time of the war. The entire cycle is steeped in irony and a harsh judgement of the society’s moral fall. Vas wrote his poems during the period of Nazism but published them during the communist regime, when he wanted to answer a question about the role of art in the process of recovering historical memory, and whether a literary text could offer protection from the hostile reality.

Die proklische Diotima

2019 ◽  
Vol 22 ◽  
pp. 75-98
Author(s):  
Jana Schultz
Keyword(s):  
Female Body ◽  
Human Condition ◽  
Religious Practices ◽  
Joint Work ◽  
Male And Female ◽  
Role Of Women ◽  
The Ideal ◽  
The Human Condition

Abstract Diotima, the priestess of Plato’s Symposium, is an important reference for Proclus’ thinking about the role of women in philosophical and religious practices. This character does not just offer Proclus an example for women’s ability to attain the same level of virtue than men, but she is also a model for the joint work of philosophical and religious practices. Thereby she stands for practices which are orientated on the human condition and therefore depend on intermediary entities as demons, and for practices which transcend both the human condition and the intermediary entities. Most interesting in Proclus’ presentation of Diotima as a priestess and a philosopher is that he does not present her to fulfill these roles by masculinizing her soul through a sole focus on the intelligible entities – as for example Porphyry advises his wife Marcella – but by using the female element in her soul, i.e. the circuit of the Different, as an intermediate through which she can get in touch with the demons and – through them – also with higher entities. The ideal which Diotima incorporates is therefore not becoming masculine (despite having a female body) but harmonizing the male and female elements within the soul.

Two Problems, Two Miracles

2018 ◽  
pp. 25-56
Author(s):  
S. Mark Heim
Keyword(s):  
Final Section ◽  
Structural Similarity ◽  
Human Condition ◽  
The Way ◽  
The Human Condition

Section one, “What to Study?”, describes the choice of comparative topics in the two traditions. Section two, “Bridging Gaps,” explains the structural similarity in the role of the Bodhisattva and of Christ in that each addresses and resolves a key paradox constituted by the distinctive analysis of the human condition in Buddhism and Christianity. Section three reviews the basics of the bodhisattva’s role and significance in Buddhism in relation to enlightenment. Section four reviews the basics of Christ’s role and significance in Christianity in relation to salvation. The final section discusses the way in which these two figures are “too similar to be contrary, too distinct to be exchanged.”

scholarly journals Perdón y vida pública

Daímon ◽  
2021 ◽  
pp. 57-69
Author(s):  
Daniel Ricardo Esparza ◽  
Miriam Diez Bosch
Keyword(s):  
Human Condition ◽  
The Human Condition

En la sección titulada Irreversibilidad y el Poder de Perdonar en La Condición Humana, Arendt afirma que “el descubridor del papel del perdón en la esfera de los asuntos humanos fue Jesús de Nazaret”. En lo que sigue, quisiéramos aproximarnos al uso antiguo del verbo griego sungignôskô (“considerar”) que a nuestro entender cumple el mismo papel que Arendt advierte en esta supuesta novedad cristiana —la “mutua exoneración de lo que se ha hecho”—, no sólo para entender en qué consistiría el descubrimiento que Arendt atribuye a Jesús, sino porque creemos que la idea de que los griegos desconocían la facultad de perdonar es, si no falsa, al menos imprecisa. In the section titled Irreversibility and the Power to Forgive in the Human Condition, Arendt claims that “the discoverer of the role of forgiveness in the sphere of human affairs was Jesus of Nazareth”. In what follows, we would like to approach the ancient use of the Greek verb sungignôskô (“to consider”) which, in our opinion, fulfills the same role that Arendt finds in this alleged Christian novelty —the “mutual exoneration of what has been done”— not only to understand what would the actual discovery Arendt attributes to Jesus imply, but because we believe claiming the Greeks were unaware of the faculty of forgiveness is, if not false, at least inaccurate.

scholarly journals Sobrevivientes y desaparecidos

2019 ◽  
Author(s):  
Ana María González Luna
Keyword(s):  
Latin American ◽  
Human Condition ◽  
Central American ◽  
Latin American Narrative ◽  
Place Of Origin ◽  
The Human Condition

Latin American narrative journalism plays a role of denunciation and resistance to the phenomenon of migration in Mexico as a place of origin-transit-destination of migrants. The chronicler’s word breaks the silence and the lies to say the perverse reality that reflects the validity of the perverse, the annihilation of the human condition under the appearance of institutionalised normality. The analysis of some chronicles by Marcela Turati and Oscar Martínez offers two different perspectives, Mexican and Central American, and a single intention: a writing that seeks to explain and make sense of the migrant’s condition through the instrument of the word.

Compassion and Peregrinatio

2020 ◽  
pp. 53-73
Author(s):  
Joshua Hordern
Keyword(s):  
Life Course ◽  
Social Theory ◽  
Healthcare Professionals ◽  
Human Life ◽  
Human Condition ◽  
Everyday Practice ◽  
The Core ◽  
The Human Condition

This chapter begins to describe the response to Chapter 1’s diagnosis. The core of a social theory which will provide therapy is introduced, namely, peregrinatio, the wayfaring and pilgrim experience of life. Peregrinatio is explained and deployed to show how it reframes healthcare encounters, illuminating the nature of compassion, its civic context, and its everyday practice and fostering six attitudes which conduce to compassion: (i) interest in the human life-course; (ii) patience with plurality of perspective; (iii) curiosity in human encounter and companionship; (iv) humility in conversation; (v) recognition of the proper value of healthcare; and (vi) perseverance in preserving the communal nature of human life amidst suffering. The benefits of such a framing of the human condition for three aspects of healing are considered: (i) the healing of the affections; (ii) the healing encounter with God amidst suffering; and (iii) the healing role of healthcare professionals. Objections to peregrinatio are considered and addressed.

Social Science and Ideological Critiques of Ecclesiology

2018 ◽  
pp. 552-572
Author(s):  
Neil Ormerod
Keyword(s):  
Social Sciences ◽  
Social Science ◽  
Human Condition ◽  
Dietrich Bonhoeffer ◽  
Problematic Relationship ◽  
The Social ◽  
Edward Schillebeeckx ◽  
History Of ◽  
The Human Condition

Theology has long engaged philosophy as a dialogue partner, but the social sciences raise a new set of issues as both theology and the social sciences reflect concretely on the human condition. The problematic relationship between theology and the social sciences is perhaps nowhere more evident than in the area of ecclesiology. Whenever ecclesiology turns from more idealistic ahistorical forms of discourse to deal with the actual context and constitution of historical communities, the role of the social sciences in providing insights into those contexts and constitutions becomes difficult to deny. This chapter seeks to map out some of the history of the engagement with the social sciences by ecclesiologists such as Clodovis Boff, Dietrich Bonhoeffer, Edward Schillebeeckx, John Milbank, and Roger Haight, and the challenges that this engagement poses. Underlying this debate are profound theological issues concerning grace and nature.

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