Internal and External Perspectives

2020 ◽  
pp. 2-20
Author(s):  
Andrew S. Gold
Keyword(s):  
Point Of View ◽  
Private Law ◽  
Internal Point ◽  
Criterion A ◽  
Fiduciary Relationships ◽  
The Right ◽  
Field Of Inquiry

This chapter reviews several recent themes in New Private Law scholarship. Some New Private Law scholarship is functionalist at its core, yet it makes use of the internal point of view to show how private law can function successfully. Understanding the internal point of view on doctrinal categories and concepts can help to clarify how those categories and concepts are useful. Such inclusive functionalist theories may show how private law’s deontological concepts motivate regulated parties, or how their modularity permits law to address problems of complexity. Indeed, nonfunctionalist approaches may also show an external orientation while taking the internal point of view as a starting point.Other New Private Law scholarship is interested exclusively in providing correct understandings of law from the internal point of view. Such internalist accounts may nonetheless draw from external perspectives and methods in an effort to develop adequate interpretive criteria. Moreover, the application of these interpretive criteria may lead to substantive theories of tort, contract, fiduciary relationships, or property that are partly comprised of classically functionalist understandings.Interestingly, New Private Law theory also incorporates hybrid accounts; these mixed approaches take different forms. A good example is the kind of theory permitted by a moderate transparency criterion: a theory that is “in the right ballpark.” These multiple approaches in combination represent a genuine flowering of private law theory as a field of inquiry.

LA ORIENTACIÓN FAMILIAR PARA LA PREVENCIÓN DEL CONSUMO DE DROGAS EN LOS ALUMNOS DEL TERCER AÑO DE BACHILLERATO

2018 ◽  
Vol 3 (5) ◽  
pp. 39
Author(s):  
Yéssica Elizabeth Barreto Macías ◽  
Colón Avellán Velásquez
Keyword(s):  
High School Students ◽  
Drug Use ◽  
Interpersonal Relationships ◽  
Negative Influence ◽  
Point Of View ◽  
Family Counseling ◽  
High Rate ◽  
School Students ◽  
Family Orientation ◽  
The Right

El actual trabajo afronta una de las problemáticas más apremiantes de los actuales momentos como es el alto índice de dispendio de drogas en las Instituciones Educativas, que afectan considerablemente a la sociedad ecuatoriana. Su objetivo es analizar los lineamientos que permitan mejorar la orientación familiar, y desarrollar relaciones interpersonales apropiadas que fomenten la unión familiar, practicar principios, fomentar valores morales, y que los jóvenes aprendan a decir “no” ante una eventual propuesta de consumir compuestos prohibidos, que lo único que se consigue es materializarse en un estado no idóneo ante la comunidad, considerar que las consecuencias para la salud son devastadoras, personas que a temprana edad padecen de enfermedades que en muchas ocasiones son gravísimas, causando malestar no solamente propio sino a la familia. Puedo mencionar como aporte de este artículo; y en base a resultados establecidos que resulta primordial e importante mantener la asistencia de un profesional especializado en psicología, diálogos científicos y motivadores, conjuntamente con atención médica provocarán en la persona afectada la erradicación del consumo de drogas. Constan muchos factores que causan gran influencia negativa en las familias, partiendo de que actualmente el mundo vive la tendencia del consumismo lo que influye en sobremanera que exista menos dialogo en el hogar, la aparición de la tecnología es otra de las situaciones adversas. Los profesionales encargados de brindar orientación familiar deben considerar siempre, que el comportamiento del ser humano debe ser comprendido desde el punto de vista de su forma de pensar, solo así se desarrollara una cultura que permita a las familias tomar las decisiones acertadas al momento de formar a sus hijos, lo que en un futuro se evidenciará como seres útiles a la sociedad. PALABRAS CLAVE: Consumo de drogas; orientación familiar; valores morales.  FAMILY COUNSELING, FOR THE PREVENTION OF DRUG USE IN THIRDYEAR HIGH SCHOOL STUDENTS  ABSTRACT  The current work addresses one of the most pressing issues of current times such as the high rate of drug use in educational institutions, which greatly affect Ecuadorian society. Its objective is to analyze the guidelines for improving family orientation, and develop appropriate interpersonal relationships that promote family unity, value the principles, and that young people learn to say "no" to a possible proposal to use prohibited drugs, that the only thing that is achieved is to materialize in an unsuitable state before the community, to consider that the consequences for health are devastating, people who at an early age suffer from diseases that in many occasions are very serious, causing discomfort not only their own but also the family. I can mention as contribution of this article; and based on established results that it is essential and important to maintain the assistance of a professional specialized in psychology, scientific and motivational dialogues, together with medical care, will cause the affected person to eradicate drug use. There are many factors that cause great negative influence on families, based on the fact that the world currently lives the trend of consumerism which greatly influences that there is less dialogue at home, the emergence of technology is another of the adverse situations. The professionals responsible for providing family counseling should always consider that the behavior of the human being should be understood from the point of view of their way of thinking, only in this way will a culture be developed that allows families to make the right decisions when forming to their children, which in the future will be evident as useful beings to society. KEYWORDS: drug use; family orientation; moral values.

Kantian Perspectives on Private Law

2020 ◽  
pp. 68-84
Author(s):  
Arthur Ripstein
Keyword(s):  
Immanuel Kant ◽  
Natural Law ◽  
Private Law ◽  
Legal Institutions ◽  
Naive Theory ◽  
Private Rights ◽  
Kantian View ◽  
Moral Structure ◽  
The Right ◽  
In Virtue Of

This chapter articulates the Kantian approach to private law. It begins by explaining the aims and ambitions of Kantian legal philosophy more generally and, in particular, introducing the Kantian idea that a particular form of thought is appropriate to a particular domain of inquiry or conduct. The chapter situates the Kantian view within a broad natural law tradition. For the part of that tradition that Immanuel Kant develops, the moral structure of natural law is animated by a conception of personal interaction that is so familiar as to be almost invisible. Despite its centrality to both morality and law, in the absence of legal institutions, this natural law is inadequate to its own principles. It requires legal institutions to render it fully determinate in its application consistent with everyone’s independence. It also requires public institutions of adjudication. The chapter further looks at Kant’s “division” of private rights, distinguishing first between the innate right that everyone has simply in virtue of being human and acquired rights that require an affirmative act to establish them. It then goes through the Kantian division of the titles of private right, situating them in relation to the distinction between persons and things. Finally, the chapter articulates the Kantian account of what might be called the naïve theory of remedies—that is, that the remedy is an imperfect continuation of the right that was violated.

scholarly journals The Code of Capital: How the Law Creates Wealth and Inequality – Core Themes

2021 ◽  
Vol 11 (1) ◽  
pp. 1-7
Author(s):  
Katharina Pistor
Keyword(s):  
Coercive Power ◽  
Private Law ◽  
The Core ◽  
The Law ◽  
The Right

Abstract In this brief introduction, I summarize the core themes of my book “The Code of Capital: How the Law Creates Wealth and Inequality”. Capital, I argue, is coded in law – predominantly in a handful of private law institutions. By relying on legal coding techniques, asset holders invoke the right to enforce claims against others, if necessary with the help of the state’s coercive power.

Within the Public-Private Divide. Right to Housing and Consumer Law in Recent European Private Law Trends

Global Jurist ◽  
2018 ◽  
Vol 19 (2) ◽  
Author(s):  
Rocco Alessio Albanese
Keyword(s):  
Fundamental Rights ◽  
Private Law ◽  
The European Union ◽  
The Public ◽  
Consumer Law ◽  
Charter Of Fundamental Rights ◽  
Recent Trends ◽  
New Perspective ◽  
The Right ◽  
Protection Of Right

Abstract This paper intends to discuss some major European legal issues by building on the critique of a certain narrow relevance of human basic needs, according to traditional Western legal conceptions of the subject as well as of the public-private divide. In particular it aims at verifying the potentiality of consumer law for rethinking the right to housing, within recent trends of European Private Law, by adopting a remedial approach. For this reason the paper analyzes three well-known cases decided by the Court of Justice of the European Union (CJEU) – namely Aziz, Sanchez Morcillo and Kušionová – as examples of this meaningful trend. Through the combination of the fairness test over contractual terms with the criteria of effectiveness and proportionality, a broader protection of right to housing is recognised even in horizontal private relationships. Art. 7 of the EU Charter of Fundamental Rights (CFREU) could represent the constitutional reference for this new perspective. The paper also intends to show how the relevance of the basic need for housing is traced to debtor's families. CJEU's interpretative itinerary seems to start from a fairness test about contractual terms, but eventually comes to give protection to subjective situations that are even out of the domain of the contract.

Tort’s Indifference: Conformity, Compliance, and Civil Recourse

2020 ◽  
Vol 13 (1) ◽  
pp. 1-30
Author(s):  
Ahson Azmat
Keyword(s):  
Practical Reasoning ◽  
Tort Law ◽  
Point Of View ◽  
Reasons For Action ◽  
Internal Point ◽  
Loss Allocation ◽  
Fine Grained ◽  
Normative Force ◽  
Extensional Structure ◽  
Do So

AbstractLeading accounts of tort law split cleanly into two seams. Some trace its foundations to a deontic form of morality; others to an instrumental, policy-oriented system of efficient loss allocation. An increasingly prominent alternative to both seams, Civil Recourse Theory (CRT) resists this binary by arguing that tort comprises a basic legal category, and that its directives constitute reasons for action with robust normative force. Using the familiar question whether tort’s directives are guidance rules or liability rules as a lens, or prism, this essay shows how considerations of practical reasoning undermine one of CRT’s core commitments. If tort directives exert robust normative force, we must account for its grounds—for where it comes from, and why it obtains. CRT tries to do so by co-opting H.L.A. Hart’s notion of the internal point of view, but this leveraging strategy cannot succeed: while the internal point of view sees legal directives as guides to action, tort law merely demands conformity. To be guided by a directive is to comply with it, not conform to it, so tort’s structure blocks the shortcut to normativity CRT attempts to navigate. Given the fine-grained distinctions the theory makes, and with the connection between its claims and tort’s requirements thus severed, CRT faces a dilemma: it’s either unresponsive to tort’s normative grounds, or it’s inattentive to tort’s extensional structure.

Are we Ready for a “Microbiome-Guided Behaviour” Approach?

2019 ◽  
Vol 28 (04) ◽  
pp. 708-724
Author(s):  
ANDREA LAVAZZA ◽  
VITTORIO A. SIRONI
Keyword(s):  
Fecal Microbiota Transplantation ◽  
Negative Attitude ◽  
Well Being ◽  
Fecal Microbiota ◽  
Point Of View ◽  
Brain Functioning ◽  
The Central Nervous System ◽  
The Individual ◽  
The Right ◽  
The Mind

Abstract:The microbiome is proving to be increasingly important for human brain functioning. A series of recent studies have shown that the microbiome influences the central nervous system in various ways, and consequently acts on the psychological well-being of the individual by mediating, among others, the reactions of stress and anxiety. From a specifically neuroethical point of view, according to some scholars, the particular composition of the microbiome—qua microbial community—can have consequences on the traditional idea of human individuality. Another neuroethical aspect concerns the reception of this new knowledge in relation to clinical applications. In fact, attention to the balance of the microbiome—which includes eating behavior, the use of psychobiotics and, in the treatment of certain diseases, the use of fecal microbiota transplantation—may be limited or even prevented by a biased negative attitude. This attitude derives from a prejudice related to everything that has to do with the organic processing of food and, in general, with the human stomach and intestine: the latter have traditionally been regarded as low, dirty, contaminated and opposed to what belongs to the mind and the brain. This biased attitude can lead one to fail to adequately consider the new anthropological conceptions related to the microbiome, resulting in a state of health, both physical and psychological, inferior to what one might have by paying the right attention to the knowledge available today. Shifting from the ubiquitous high-low metaphor (which is synonymous with superior-inferior) to an inside-outside metaphor can thus be a neuroethical strategy to achieve a new and unbiased reception of the discoveries related to the microbiome.

scholarly journals What Constitutions Can Do (but Courts Sometimes Don’t): Property, Speech, and the Influence of Constitutional Norms on Private Law

2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Freedom Of Expression ◽  
Social Democracy ◽  
Recent Attempt ◽  
Private Law ◽  
Human Rights Norms ◽  
The Right ◽  
Higher Law

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.

How Antisymmetric Is Syntax?

2003 ◽  
Vol 34 (3) ◽  
pp. 516-526 ◽  
Author(s):  
Yuji Takano
Keyword(s):  
Linear Order ◽  
Phrase Structure ◽  
Negative Polarity ◽  
Point Of View ◽  
The Other ◽  
Negative Polarity Items ◽  
Polarity Items ◽  
The Right

Since the emergence of Kayne's (1994) stimulating proposal for an antisymmetric theory of phrase structure and linear order, much work has been devoted to arguing for or against his theory as well as discussing its empirical predictions. As a result, for a number of phenomena involving rightward positioning, such as rightward adjuncts, heavy NP shift, extraposition, postverbal subjects, and postverbal constituents in OV languages, there now exist both an approach consistent with Kayne's theory (the antisymmetric approach) and another not consistent with it (the symmetric approach). In such a situation, it is often difficult to show on empirical grounds that one approach is superior to the other (see Rochemont and Culicover 1997). In what follows, I describe this situation with respect to two well-known phenomena in English: rightward positioning of adjuncts and heavy NP shift. For each of these phenomena, the symmetric and antisymmetric approaches have been proposed, and both approaches can correctly account for the data discussed in previous studies. Here, I examine the approaches from a novel point of view, showing that data involving the licensing of negative polarity items allow us to differentiate them and to decide which is the right one for each of the two empirical domains. Interestingly, the relevant facts lead to different conclusions for the two phenomena. The results have important implications for the antisymmetric view of syntax.

Knowledge of the Polish language and the right to practice as a medical doctor. Notes on the margin of administrative court decisions

2021 ◽  
Vol 2(24) ◽  
pp. 11-20
Author(s):  
Michał Bartoszewicz
Keyword(s):  
Professional Preparation ◽  
Medical Doctor ◽  
Point Of View ◽  
Linguistic Competence ◽  
Court Decisions ◽  
Pragmatic Approach ◽  
Polish Language ◽  
Administrative Courts ◽  
The Right

The article deals with standards of professional preparation of doctors in the scope of speaking and writing Polish. The thesis of the article is that this requirement is one of the elements of professional preparation which is not limited to knowledge but includes specific skills. Defining the threshold of minimum linguistic competence is a subtle matter. The study draws attention to the necessity of pragmatic approach to these requirements to the extent necessary to practice as a doctor or dentist. From the point of view of the doctor’s rights, a lot depends on the procedure of verifying the command of Polish language. Therefore, attention was paid to the jurisprudence of administrative courts in this area.

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