15. The Normative Foundation of Finance

Keyword(s):  
Author(s):  
Nicolaes Tollenaar

This book develops a normative foundation and framework for pre-insolvency proceedings. The book features a comprehensive discussion of the key principles underlying restructuring proceedings and explains the purpose of, and justification for, pre-insolvency proceedings. It deals with all-important issues such as class composition, cross-class cramdown, and valuation. A comparative analysis and critique of UK schemes of arrangement and the US Chapter 11 procedure is also included, identifying the strengths and weaknesses of each.


2021 ◽  
pp. 136843102098541
Author(s):  
Krzysztof Kędziora

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy.


Daímon ◽  
2019 ◽  
pp. 155-170
Author(s):  
César Ortega Esquembre

El objetivo de este artículo es defender que la pragmática transcendental ofrece la fundamentación normativa de la teoría crítica como teoría de la acción comunicativa. Para ello se expondrá en primer lugar el problema de la normatividad en la Teoría Crítica de la sociedad. Tras describir la forma que adquiere esta teoría tras el giro lingüístico operado por Jürgen Habermas, se reconstruirán en tercer lugar los elementos fundamentales de la pragmática transcendental apeliana y habermasiana. En cuarto y último lugar se mostrará que este modelo constituye la fundamentación normativa de la nueva teoría crítica. The aim of this paper is to argue that transcendental pragmatics constitutes the normative foundation of critical theory, understood as theory of communicative action. To that end, the issue of normativity within Critical Theory discussions is first exposed. After describing the form this theory takes from the linguistic turn carried out by Jürgen Habermas, key elements of Karl Otto Apel´s and Jürgen Habermas´ transcendental pragmatics are thirdly reconstructed. Fourth paragraph shows that this model operates as the normative foundation of the new critical theory.


2020 ◽  
Vol 40 (1) ◽  
Author(s):  
Sabelo Ndlovu-Gatsheni

The problem of the 21st century in the knowledge domain is best rendered as the ‘epistemic line’. It cascades directly from William E B Dubois’s ‘colour line’ which haunted the 20th century and provoked epic struggles for political decolonisation. The connection between the ‘colour line’ and the ‘epistemic line’ is in the racist denial of the humanity of those who became targets of enslavement and colonisation. The denial of humanity automatically disqualified one from epistemic virtue. This conceptual study, therefore explores in an overview format, how Africa in particular and the rest of the Global South in general became victims of genocides, epistemicides, linguicides, and culturecides. It delves deeper into the perennial problems of ontological exiling of the colonised from their languages, cultures, names, and even from themselves while at the same time highlighting how the colonised refused to succumb to the ‘silences’ and fought for epistemic freedom. The article introduces such useful analytical concepts as ‘epistemic freedom’ as opposed to ‘academic freedom’; ‘provincialisation’; ‘deprovincialisation’; ‘epistemological decolonisation’; ‘intellectual extroversion’; and ‘epistemic dependence’. It ends with an outline of five-ways-forward in the African struggles for epistemic freedom predicated on (i) return to the base/locus of enunciation; (ii) shifting the geo-and bio-of knowledge/moving the centre; (iii) decolonising the normative foundation of critical theory; (iv) rethinking thinking itself; and finally (v) learning to unlearn in order to relearn.


Author(s):  
Andreas Georg Scherer ◽  
Emilio Marti
Keyword(s):  

Good Policing ◽  
2020 ◽  
pp. 73-86
Author(s):  
Mike Hough

This chapter explores ethical issues that are raised by procedural justice approaches to policing. Both in individual contacts between police and public and at a societal level, problems can result from the use of low-visibility techniques for securing compliance. There is a risk that people’s choices about compliance with the law are being reshaped by stealth: their autonomy as citizens may be eroded when police officers manage them into compliance through a display of civility and respect. At a societal level, the appearance of the police as an even-handed and fair institution can serve as an ‘ideological cloak’ that hides from public view structural inequality and unfairness. The chapter argues that these risks can be mitigated if police commit to the normative foundation of procedural justice, and do not simply focus on the instrumental benefits of the approach. They need to recognise their duty to treat citizens fairly and with respect.


2020 ◽  
pp. 147488512098059
Author(s):  
Adam Lindsay

In On the People’s Terms, Philip Pettit incorporates the Sieyèsian notion of constituent power into his constitutional theory of non-domination. In this article, I argue that Emmanuel Sieyès’s understanding of liberty precludes such an appropriation. While a republican, his conceptualisation of liberty in the face of commercial society stood apart from theories of civic vigilance, preferring instead to disentangle individuals from politics and maximise what he understood to be their non-political freedoms. Sieyès saw that liberty was heightened through relations of representation and commercial dependency. This conception of liberty was pivotal to the identity of the nation, and so allowed Sieyès to assess forms of collective injustice committed by the French nobility. It also provided the normative foundation of his theory of constituent power. For Sieyès, constituent power guarded against legislative excess in a decidedly minimal sense, intending instead to separate citizens from the political sphere so they were not burdened with ongoing participation or public vigilance.


2016 ◽  
Vol 6 (1) ◽  
pp. 11
Author(s):  
Judy Van Heerden

This study investigated how quality in early learning centres (preschools) in South Africa was experienced and perceived by mothers and teachers. A theoretical framework, based on a model of quality development by Woodhead (1996), informed the study. This framework that consists of input (structural), process and outcome quality indicators is a well-established model for quality development, which has been used in developing countries. The findings generated from a thematical analysis of interview data showed that aspects perceived by mothers and teachers as quality indicators in early learning centres were predominantly process indicators and hard to ‘measure’ in a quantitative way. For mothers and teachers, children’s social-emotional well-being, holistic development, a normative foundation for values and respect, effective infrastructure and accountable learning indicated quality. A quality school climate enhances emotional and social well-being, and the findings suggest that for mothers and teachers quality concerns were not about that which the early learning centres have provided in terms of facilities (input indicators), but rather about the process indicators where centres promote children’s holistic well-being. The only outcome indicator that was regarded as extremely important by mothers and important, but not to the same extent, by teachers, is whether children are happy and content and enjoying school.


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