Calvin and Equity

Author(s):  
Alexander Batson

This chapter argues that the concept of equity plays a crucial role in Calvin’s early writings, especially in the Commentary on Seneca and the 1536 edition of the Institutes. Calvin embraces two distinct yet inseparable meanings of the term ‘equity’. One sense is as an interpretative principle of natural law, and the goal at which all civil law aims. The other sense is an application of the interpretative sense, in which a ruler or judge amends a civil law that is too strict or too general to take into account all the particularities of a certain case. Calvin’s concept of equity displays both his humanist legal training as well as the critical place of natural law in his theology.

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 


Worldview ◽  
1960 ◽  
Vol 3 (9) ◽  
pp. 7-8
Author(s):  
Will Herberg

John Courtney Murray's writing cannot fail to be profound and instructive, and I have profited greatly from it in the course of the past decade. But I must confess that his article, "Morality and Foreign Policy" (Worldview, May), leaves me in a strange confusion of mixed feelings. On the one hand, I can sympathize with what I might call the historical intention of the natural law philosophy he espouses, which I take to be the effort to establish enduring structures of meaning and value to serve as fixed points of moral decision in the complexities of the actual situation. On the other hand, I am rather put off by the calm assurance he exhibits when he deals with these matters, as though everything were at bottom unequivocally rational and unequivocally accessible to the rational mind. And I am really distressed at what seems to 3ie to be his woefully inadequate appreciation of the position of the "ambiguists," among whom I cannot deny I count myself.


2011 ◽  
Vol 20 (08) ◽  
pp. 1663-1675 ◽  
Author(s):  
A. BHAGWAT ◽  
Y. K. GAMBHIR

Systematic investigations of the pairing and two-neutron separation energies which play a crucial role in the evolution of shell structure in nuclei, are carried out within the framework of relativistic mean-field model. The shell closures are found to be robust, as expected, up to the lead region. New shell closures appear in low mass region. In the superheavy region, on the other hand, it is found that the shell closures are not as robust, and they depend on the particular combinations of neutron and proton numbers. Effect of deformation on the shell structure is found to be marginal.


1979 ◽  
Vol 58 (2_suppl) ◽  
pp. 922-929 ◽  
Author(s):  
M.U. Nylen

The literature on the ultrastructural morphology of the enamel matrix and its relationship to the crystals is reviewed. Two morphological entities of the matrix are discussed: One is the so-called stippled material which may be the initial cell product; the other, variously described as fibrillar, lamellar, tubular or helical, is thought by many to play a crucial role in nucleation and orientation of the crystals. A number of observations, however, suggest that the latter structures form secondarily to the crystals and that in reality they represent organic material adsorbed to the crystal surface and maintained as independent structures upon removal of the mineral. The need for additional studies is stressed including systematic studies of interactions between constituents of the organic matrix and the apatite crystals.


2021 ◽  
Vol 60 (3-4) ◽  
pp. 363-398

Abstract The Roman father and son of the same name, P. Decius Mus, became paragon heroes by deliberately giving their lives in battle that Rome might win over a fierce enemy. Both engaged in a special ritual called devotio (from which our word “devotion” derives) to offer themselves to the gods of the Underworld, with whom regular people have very little interaction and to whom they rarely sacrifice. While the Mus family is the most famous for this act, it turns out the willingness to sacrifice oneself for Rome frequently occurs within stories of great patriots, including the story of Horatius Cocles, Mettius Curtius, Atilius Regulus, and even the traitors Coriolanus and Tarpeia. Romans regarded self-sacrifice as a very high, noble endeavor, whereas they loathed and persecuted practitioners of human sacrifice. It is therefore quite amazing to read that the Romans thrice engaged in state-sponsored human sacrifice, a fact they rarely mention and generally forget. The most famous enemy practitioners of human sacrifice were the Druids, whom the Romans massacred on Mona Island on Midsummer Night's Eve, but the Carthaginians, the Germans, the Celts, and the Thracians all infamously practiced human sacrifice. To Romans, the act of human sacrifice falls just short of cannibalism in the spectrum of forbidden practices, and was an accusation occasionally thrown against an enemy to claim they are totally barbaric. On the other hand, Romans recognized their own who committed acts of self-sacrifice for the good of the society, as heroes. There can be no better patriot than he who gives his life to save his country. Often the stories of their heroism have been exaggerated or sanitized. These acts of heroism often turn out to be acts of human sacrifice, supposedly a crime. It turns out that Romans have a strong legacy of practicing human sacrifice that lasts into the historic era, despite their alleged opposition to it. Numerous sources relate one story each. Collecting them all makes it impossible to deny the longevity of human sacrifice in Rome, although most Romans under the emperors were probably unaware of it. The paradox of condemning but still practicing human sacrifice demonstrates the nature of Roman religion, where do ut des plays a crucial role in standard sacrifice as well as in unpleasant acts like human sacrifice. Devotio was an inverted form of sacrifice, precisely because it was an offering to the gods of the Underworld, rather than to Jupiter or the Parcae. Romans may have forsaken devotio, but they continued to practice human sacrifice far longer than most of us have suspected, if one widens the current narrow definition of human sacrifice to include events where a life is taken in order to bring about a better future for the commonwealth, appease the gods, or ensure a Roman victory in battle.


2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.


Author(s):  
Donald R. Kelley

Centuries of Roman jurisprudence were assembled in the great Byzantine collection, the Digest, by Tribonian and the other editors. Roman law became more formal when during the Renaissance of the twelfth century it came to be taught in the first universities, starting with Bologna and the teaching of Irnerius. The main channels of expansion were through the Glossators and post-Glossators, who commented on the main texts and on later legislation by the Holy Roman Emperors, which included “feudal law,” but also by notaries and other proto-lawyers. Christian doctrine also became part of the “Roman” tradition, and canon and civil law were taught together in the universities as “civil science.” According to the ancient Roman jurist Gaius, “all the law which we use pertains either to persons or to things or to actions,” three categories that exhaust the external human condition—personality, reality, and action. In the nineteenth century, the study of Roman law lost its ideological power and became part of philology and history, at least so concludes James Whitman.


2017 ◽  
Vol 28 (3) ◽  
pp. 653-663
Author(s):  
Slavenko Sljukic

The main goal of Kenneth R. Westphal?s How Hume and Kant Reconstruct Natural Law: Justifying Strict Objectivity without Debating Moral Realism is to defend the objectivity of moral standards and natural law and thus avoid the discussion about moral realism and its alternatives by interpreting Hume and Kant in a constructivistic sense. The reason behind the author?s disagreement with both: moral realism and non-realism (its alternative) is our inability to properly understand and answer one of the two parts in Socrates? question to Euthyphro: ?Is the pious loved by the gods because it is pious, or is it pious because it is loved?? Moral realists cannot provide an answer to its second part, since it is not possible to prove that moral standards are not artificial; conversely, moral non-realists cannot provide an answer to its first part, since it is not possible to avoid the relatitvity of moral standards. The author tends to solve this problem by avoiding the confrontation between moral realism and non-realism and thus choosing the constuctivistic stance that, as he argues, can be found in both Hume?s and Kant?s theories. The main point of this stance is that moral standards are indeed artificial, yet not arbitrary. He proves this by pointing out that both Hume and Kant treat the moral standards as a social fact (that is, artificial), but also as objective. Westphal points out that Hume explicitly writes about moral standards as a social fact, while showing that, at the same time, his theory of justice, which precedes all of the moral standards, is established independently of his theory of moral sentiments (potentially leading to moral relativism). In this manner, he provides the objectivity of those standards. On the other hand, Kant?s theory is interpreted as advanced, yet similar to Hume?s in its structure. The crucial similarity is that both Hume and Kant interpret the moral standards as a social fact (that is, as an artificial) and, at the same time, as the objective ones. Kant, unlike Hume, provides this objectivity by using a specific moral criterion - a categorical imperative. Those assumptions will be used as the main premises of a distinctively inspiring interpretation of Hume?s and Kant?s theories of justice.


2016 ◽  
Vol 4 ◽  
pp. 121-125
Author(s):  
Marta Grybś-Kabocik

The activities of misbehaving customers represent a significant problem for organizations across diverse sectors and industries. Their need for satisfaction is the most important driver of consumer behavior with the consumer choosing how they fulfill this need. Unfortunately, consumer decisions often lead to consumer misbehavior and negative effects on the service provider or on other consumers. Consumer misbehavior is difficult to control. First, it is not always possible to prove misbehavior of a particular consumer. On the other hand, preventive actions, like social campaigns, may not always reach the target audience. Moreover, neither service provider regulations nor monitoring of infrastructure sufficiently prevents consumers from misbehaving in every case. It seems, however, that the consumers who reject the fraudulent behavior of others have a crucial role in the fight against consumer misbehavior, as they are constant observers of this phenomenon and can react immediately. The aim of this article, therefore, is to present the concept of consumer misbehavior with examples relating to the tourism market. Moreover, the attitudes of consumers towards consumer misbehavior are examined through nethnographic research.


First Monday ◽  
2019 ◽  
Author(s):  
James Brusseau

Compartmentalizing our distinct personal identities is increasingly difficult in big data reality. Pictures of the person we were on past vacations resurface in employers’ Google searches; LinkedIn which exhibits our income level is increasingly used as a dating web site. Whether on vacation, at work, or seeking romance, our digital selves stream together. One result is that a perennial ethical question about personal identity has spilled out of philosophy departments and into the real world. Ought we possess one, unified identity that coherently integrates the various aspects of our lives, or, incarnate deeply distinct selves suited to different occasions and contexts? At bottom, are we one, or many? The question is not only palpable today, but also urgent because if a decision is not made by us, the forces of big data and surveillance capitalism will make it for us by compelling unity. Speaking in favor of the big data tendency, Facebook’s Mark Zuckerberg promotes the ethics of an integrated identity, a single version of selfhood maintained across diverse contexts and human relationships. This essay goes in the other direction by sketching two ethical frameworks arranged to defend our compartmentalized identities, which amounts to promoting the dis-integration of our selves. One framework connects with natural law, the other with language, and both aim to create a sense of selfhood that breaks away from its own past, and from the unifying powers of big data technology.


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