Law and Emotion in Moral Repair: Circumscribing Infringement

2021 ◽  
pp. 030908922096342
Author(s):  
Thomas Kazen
Keyword(s):  
Social Interaction ◽  
Legal Reasoning ◽  
Moral Values ◽  
Moral Emotions ◽  
Reciprocal Relationship ◽  
Survival Strategies ◽  
Legal Texts ◽  
Cultural Construct ◽  
Moral Repair ◽  
The Relationship

The reciprocal relationship between law and emotion is a question about the relationship between culture and nature, or the evolutionary underpinnings of human social interaction. Behaviours originating as functional survival strategies have become dysfunctional social infringements, out of context, in need of moral repair. Law as a cultural construct attempts to regulate interaction, infringement, and repair, so as to ensure continued cooperation within a hierarchical social structure, and based on our emotional capacity. The article focuses on sexual infringements and property infringements, conceptualised by the metaphorical frameworks of MEASURE and SIZE, and appraised by various emotions. I trace the influence of emotions in biblical legal texts and their interaction with legal reasoning and moral exhortation. I discuss how law regulates and balances moral emotions, curbing excess and avoiding disproportionate revenge. I point to the rhetorical function of law to direct emotions in the service of moral values and social cohesion.

Reforming Arab Reason

2018 ◽  
Vol 11 (1-2) ◽  
pp. 19-42
Author(s):  
Khalid Shibib
Keyword(s):  
Arab World ◽  
Legal Reasoning ◽  
Decisive Role ◽  
Arab Countries ◽  
Religious Knowledge ◽  
Intrinsic Factors ◽  
Knowledge Based ◽  
Present Information ◽  
Cultural Construct ◽  
Political Economic

As a humanitarian worker who was professionally involved for decades in crisis- and war-shaken countries, the author strove to understand the political, socioeconomic, and cultural factors contributing to conflicts. This contextualization, with a focus on Arab countries, confirmed what other thinkers found: the majority of political, economic, social, cultural, religious, and finally humanitarian crises in the Arab world are man-made and can be attributed to both extrinsic and intrinsic factors. Central to the latter appears to be a shared cultural construct that can be termed “Arab reason.” This essay tries to present information on various aspects of the crisis; to understand why reform efforts come so late and why are they are more difficult for Arabs than for other Muslims. It continues by looking at the knowledge systems that govern Arab reason and their evolution, including the decisive role of the religious knowledge system. From there, it proposes some reform ideas including a renewed legal reasoning process with the goal of a future-oriented, knowledge-based, and inclusive Arab Islamic vision. A pragmatic way forward could be an additional unifying eighth legal school (madhhab/madhāhib) to counter sectarian conflicts and violence. This essay is built on a targeted literature search and is not a comprehensive review of the growing literature generated by distinguished thinkers on various aspects of Arab Islamic identity.

scholarly journals The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit

2020 ◽  
Vol 16 (4) ◽  
pp. 465-488
Author(s):  
Thomas M.J. Möllers
Keyword(s):  
Case Law ◽  
Third Party ◽  
Broad Term ◽  
Legal Texts ◽  
Classical Methodology ◽  
The Law ◽  
Legal Methodology ◽  
The Relationship ◽  
Further Development ◽  
Domestic Law

AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of interpretation of the law. In contrast, in German and Austrian legal methodology the wording of a provision defines the dividing line between interpretation and further development of the law. The article reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.

scholarly journals Physical Activity and Psychological Well-Being: Testing Alternative Sociological Interpretations

1990 ◽  
Vol 7 (4) ◽  
pp. 329-346 ◽  
Author(s):  
William McTeer ◽  
James E. Curtis
Keyword(s):  
Physical Activity ◽  
Socioeconomic Status ◽  
Social Interaction ◽  
Physical Fitness ◽  
Well Being ◽  
The Other ◽  
Positive Zero ◽  
Psychological Well Being ◽  
Relationship Of ◽  
The Relationship

This study examines the relationship between physical activity in sport and feelings of well-being, testing alternative interpretations of the relationship between these two variables. It was expected that there would be positive relationships between physical activity on the one hand and physical fitness, feelings of well-being, social interaction in the sport and exercise environment, and socioeconomic status on the other hand. It was also expected that physical fitness, social interaction, and socioeconomic status would be positively related to psychological well-being. Further, it was expected that any positive zero-order relationship of physical activity and well-being would be at least in part a result of the conjoint effects of the other variables. The analyses were conducted separately for the male and female subsamples of a large survey study of Canadian adults. The results, after controls, show a modest positive relationship of physical activity and well-being for males but no such relationship for females. The predicted independent effects of the control factors obtained for both males and females. Interpretations of the results are discussed.

Exploring the Relationship Between Social Interaction, Cognitive Processing and Learning Achievements in a MOOC Discussion Forum

2021 ◽  
pp. 073563312110273
Author(s):  
Zhi Liu ◽  
Ning Zhang ◽  
Xian Peng ◽  
Sannyuya Liu ◽  
Zongkai Yang ◽  
...  
Keyword(s):  
Social Network ◽  
Social Interaction ◽  
Network Analysis ◽  
Cognitive Processing ◽  
Learning Analytics ◽  
Discussion Forum ◽  
Community Type ◽  
Eigenvector Centrality ◽  
Community Types ◽  
The Relationship

In the field of learning analytics, mining the regularities of social interaction and cognitive processing have drawn increasing attention. Nevertheless, in MOOCs, there is a lack of investigations on the combination of social and cognitive behavioral patterns. To fill in this gap, this study aimed to uncover the relationship between social interaction, cognitive processing, and learning achievements in a MOOC discussion forum. Specifically, we collected the 3925 participants’ forum data throughout 16 weeks. Social network analysis and epistemic network analysis were jointly adopted to investigate differences in social interaction, cognitive processing between two achievement groups, and the differences in cognitive processing networks between two types of communities. Finally, moderation analysis was employed to examine the moderating effect of community types between cognitive processing and learning achievements. Results indicated that: (1) the high- and low-achieving groups presented significant differences in terms of degree, betweenness, and eigenvector centrality; (2) the stronger cognitive connections were found within the high-achieving group and the instructor-led community; (3) the cognitive processing indicators including insight, discrepancy, and tentative were significantly negative predictors of learning achievements, whereas inhibition and exclusive were significantly positive predictors; (4) the community type moderated the relationship between cognitive processing and learning achievements.

Foreign act of state and empire

2020 ◽  
Vol 71 (2) ◽  
pp. 135-155
Author(s):  
Courtney Grafton
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
British Empire ◽  
Legal Reasoning ◽  
Public International Law ◽  
Sovereign Equality ◽  
English Law ◽  
The Relationship

The judicial restraint limb of the foreign act of state doctrine is presented as a time-worn doctrine dating back to the seventeenth century. Its legitimacy is indelibly wedded to its historical roots. This article demonstrates that this view is misguided. It shows that the cases which are said to form the foundation of the judicial restraint limb primarily concern the Crown in the context of the British Empire and are of dubious legal reasoning, resulting in a concept trammelled by the irrelevant and the obfuscating. It has also unnecessarily complicated important questions relating to the relationship between English law and public international law. This article suggests that the judicial restraint limb of the foreign act of state doctrine ought to be understood on the basis of the principle of the sovereign equality of states and conceptualised accordingly.

Mediating Effect of WhatsApp Addiction Between Social Loneliness and Preference for Online Social Interaction: A Cross-cultural Study

2021 ◽  
pp. 097215092110556
Author(s):  
Komal Nagar ◽  
Gurmeet Singh ◽  
Rabinder Singh
Keyword(s):  
Social Interaction ◽  
Underlying Mechanism ◽  
Mediating Effect ◽  
Mediating Role ◽  
Cross Cultural Study ◽  
Online Social Interaction ◽  
The Relationship ◽  
Moderating Role ◽  
Social Loneliness

The present study aims to explore the relationship between social loneliness and online interaction through WhatsApp addiction among a sample of Indian and Fijian respondents. Based on the responses of 202 Indian and 73 Fijian respondents, the present research study validated the mediating role of WhatsApp addiction, revealing that social loneliness increased the possibility of preferring to interact online through increased WhatsApp addiction. The empirical results showed that the underlying mechanism of social loneliness might indirectly influence consumers’ preference for online social interaction (POSI). The study further assessed the moderating role of culture in the association between social loneliness and POSI. Findings of the moderated mediation analysis demonstrated that, the association between loneliness and preference to socialize online differed, based on the identified cultural differences between Indian and Fijian groups.

Does Sincere Social Interaction Stimulate Tourist Immersion? A Conservation of Resources Perspective

2022 ◽  
pp. 004728752110675
Author(s):  
ZiMing Jiang ◽  
HongWei Tu
Keyword(s):  
Structural Equation Modeling ◽  
Social Interaction ◽  
Structural Equation ◽  
Online Survey ◽  
Equation Modeling ◽  
Conservation Of Resources ◽  
Mediation Model ◽  
Moderated Mediation Model ◽  
Emotional Solidarity ◽  
The Relationship

Drawing on conservation of resources (COR) theory, this study examines how and when sincere social interaction affects tourist immersion at the destination. We develop a moderated mediation model in which emotional solidarity mediates the relationship between sincere social interaction and tourist immersion, while extraversion moderates the link between sincere social interaction and emotional solidarity. Data were collected from 391 tourists via an online survey and were analyzed using partial least squares structural equation modeling (PLS-SEM). The findings indicate that sincere social interaction directly influences tourist immersion, and this relationship is mediated by emotional solidarity. Furthermore, extraversion significantly moderates the effects of sincere social interaction on emotional solidarity, and this effect is stronger for tourists with high extraversion scores. Additionally, extraversion strengthens the indirect link between sincere social interaction and tourist immersion, and again, the link is stronger for highly extraverted tourists.

scholarly journals Language of Responsibility. The Influence of Linguistic Abstraction on Collective Moral Emotions

2017 ◽  
Vol 21 (1) ◽  
pp. 1-15
Author(s):  
Michal Bilewicz ◽  
Anna Stefaniak ◽  
Marta Witkowska ◽  
Karolina Hansen
Keyword(s):  
Emotional Reactions ◽  
Moral Emotions ◽  
National Identification ◽  
Linguistic Abstraction ◽  
Linguistic Category Model ◽  
The Relationship ◽  
Action Verbs

Abstract Two experiments investigated the effects of linguistic abstractness on the experience of collective moral emotions. In Experiment 1 participants were presented with two scenarios about ingroup misbehavior, phrased using descriptive action verbs, interpretative action verbs, adjectives or nouns. The results show that participants experienced slightly more negative moral emotions with higher levels of linguistic abstractness. In Experiment 2 we also tested for the influence of national identification on the relationship between linguistic abstractness and emotional reactions. Additionally, we expanded the number of scenarios. Experiment 2 replicated the earlier pattern, but found larger differences between conditions. The strength of national identification did not moderate the observed effects. The results of this research are discussed within the context of the linguistic category model and psychology of collective moral emotions.

Sign in / Sign up

Export Citation Format

Share Document