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.

Going Nowhere: Nagel on Normative Objectivity

Philosophy ◽  
1990 ◽  
Vol 65 (254) ◽  
pp. 501-509 ◽  
Author(s):  
Marilyn Friedman
Keyword(s):  
Scientific Reasoning ◽  
Practical Reasoning ◽  
Point Of View ◽  
Reasons For Action ◽  
Thomas Nagel ◽  
The World ◽  
Objective Understanding ◽  
Points Of View ◽  
Objective Side

In The View from Nowhere, Thomas Nagel develops a theory of practical reasoning which attempts to give the personal, or subjective, point of view its due2 while still insisting on the objectivity of ethics.On the objective side, Nagel affirms that there are truths about values and reasons for action which are independent of the ways in which reasons and values appear to us, independent of our own particular beliefs and inclinations (p. 144). The objective foundation for these truths consists in a certain distinctive process of understanding. Objective understanding is explicated in terms of an objective standpoint, a standpoint defined as impersonal, that is, as detached from the subjective point of view. The objective standpoint is structured by a conception ‘of the world as centerless—as containing ourselves and other beings with particular points of view’ (p. 140). As with scientific reasoning, ‘we begin from our position inside the world and try to transcend it by regarding what we find here as a sample of the whole’ (p. 141).

Points of View and Practical Reasoning

1982 ◽  
Vol 12 (2) ◽  
pp. 321-333 ◽  
Author(s):  
Robert Brandom
Keyword(s):  
Practical Reasoning ◽  
Point Of View ◽  
Moral Point ◽  
Privileged Status ◽  
Moral Point Of View ◽  
Points Of View ◽  
Do So

Problems of practical reasoning often arise as the result of a clash between two different points of view. What do we mean when we say that while from the point of view of prudence there is no reason to rescue one's drowning enemy, from the point of view of morality there is reason to do so? In this essay we examine how the idiom of points of view arises in practical discourse, and offer a clarification of it. We will be particularly concerned with a common argument for assigning a privileged status to the moral point of view, an argument which can be seen to be fallacious once certain features of Judgments made from a point of view are clearly discerned.

Peter Winch and H.L.A. Hart: Two Concepts of the Internal Point of View

2007 ◽  
Vol 20 (2) ◽  
pp. 453-473 ◽  
Author(s):  
Veronica Rodriguez-Blanco
Keyword(s):  
Legal Theory ◽  
Point Of View ◽  
The Other ◽  
Reasons For Action ◽  
Internal Point ◽  
Practical Point ◽  
Other Hand ◽  
External Point ◽  
Third Person ◽  
The Concept Of Law

In his book The Concept of Law, Hart advances an arresting idea: the internal point of view. The idea immediately captured the imagination of legal theorists and was envisaged as a step forward in understanding both the nature of law and its practices. There is, however, lack of clarity and ambiguity on understanding Hart’s important notion and its role in different key jurisprudential problems such as the normativity of law and the methodology of legal theory. This article reconstructs the intellectual roots of the internal point of view and argues that although the seeds of Hart’s idea can be found in Winch’s seminal book The Idea of a Social Science, there are striking differences between Hart’s and Winch’s notions of the internal point of view. Winch endeavors to explain the participant’s viewpoint in terms of what the participants are doing. On the other hand, Hart aims to provide an explanation of how the law enables judges and law-abiding citizens to determine what they ought to do. This difference has been often overlooked by legal scholars; however, it provides the key to understanding Hart’s connection between the internal viewpoint and the normativity of law, i.e., the idea that legal rules provide reasons for action and, in some circumstances, create and impose duties and obligations. The distinction also illuminates the demarcation in the methodology of legal theory between an explanation from a detached perspective, namely the second or third-person standpoint of the practical point of view and, on the other hand, either a theoretical or hermeneutical explanation of the participant’s point of view. I argue that the non-recognition of the practical/participant distinction has been pervasive in two ways. First, there has been an overemphasis on the distinction between the internal and the external point of view. Second, a more fundamental distinction between an ‘engaged’ and ‘detached’ viewpoint which is a predominant feature of the practical point of view has been under-researched.

scholarly journals Normativity of international law

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 488-522
Author(s):  
Goran Dajović
Keyword(s):  
Conceptual Framework ◽  
International Law ◽  
Practical Rationality ◽  
Point Of View ◽  
Reasons For Action ◽  
Internal Point ◽  
Legal Norms ◽  
The One ◽  
Concept Of Law

In The Nature of International Law, Miodrag Jovanović, generally speaking, tries to explain the concept of international law. He analyzes few typical characteristics of the prototype concept of law (institutionality, normativity, coercion and justice-aptness), and then he looks at contemporary international law through "the lenses" of these characteristics. The article pays special attention to his analysis of the normativity of (international) law. The main intention is not to criticize Jovanović's theses about the normativity of law, as such, but to point out that they are not the best possible framework for explaining the normativity of international law. Therefore, a different and more appropriate conceptual framework is presented than the one he offered in the key of Raz's idea of legal norms as exclusionary reasons for action and practical rationality. This framework is grounded on Hart's well-known idea of an internal point of view. The presented argumentation shows that within such a framework, the normativity of international law could be better explained and understood, and also it seems that certain ingrained intuitions about international law fit well into it.

My questions about emotionally focused couple therapy (EFT) and a few answers

2020 ◽  
Vol 14 (1) ◽  
pp. 23-41
Author(s):  
Anne Power
Keyword(s):  
Object Relations ◽  
Couple Therapy ◽  
Point Of View ◽  
Same Sex ◽  
Heterosexual Couple ◽  
Emotionally Focused Couple Therapy ◽  
Emotionally Focused ◽  
Do So

This article provides a brief overview of emotionally focused couple therapy (EFT) along with some reservations about the method. The article considers questions and critiques which are often raised about the model and does so from the point of view of a practitioner new to the method, who has become convinced of the value of the approach whilst not wanting to jettison an object relations understanding. The segregation between different groups of attachment researchers and practitioners is noted. To provide variation I occasionally use the term "marital" but I do so loosely, referring to a couple bond rather than to a wedded pair. The systemic pattern between a pursuer and a withdrawer which is discussed here could refer to a same-sex or a heterosexual couple, despite the different gender alignments which operate in each case.

Seeing, Knowing, and Doing

2020 ◽  
Author(s):  
Robert Audi
Keyword(s):  
Practical Reasoning ◽  
Practical Knowledge ◽  
A Priori ◽  
Human Action ◽  
A Priori Knowledge ◽  
Rational Action ◽  
Reasons For Action ◽  
Discriminative Response ◽  
Rich Information ◽  
Priori Knowledge

This book provides an overall theory of perception and an account of knowledge and justification concerning the physical, the abstract, and the normative. It has the rigor appropriate for professionals but explains its main points using concrete examples. It accounts for two important aspects of perception on which philosophers have said too little: its relevance to a priori knowledge—traditionally conceived as independent of perception—and its role in human action. Overall, the book provides a full-scale account of perception, presents a theory of the a priori, and explains how perception guides action. It also clarifies the relation between action and practical reasoning; the notion of rational action; and the relation between propositional and practical knowledge. Part One develops a theory of perception as experiential, representational, and causally connected with its objects: as a discriminative response to those objects, embodying phenomenally distinctive elements; and as yielding rich information that underlies human knowledge. Part Two presents a theory of self-evidence and the a priori. The theory is perceptualist in explicating the apprehension of a priori truths by articulating its parallels to perception. The theory unifies empirical and a priori knowledge by clarifying their reliable connections with their objects—connections many have thought impossible for a priori knowledge as about the abstract. Part Three explores how perception guides action; the relation between knowing how and knowing that; the nature of reasons for action; the role of inference in determining action; and the overall conditions for rational action.

Action

2017 ◽  
Author(s):  
Jonathan Jenkins Ichikawa
Keyword(s):  
Practical Reasoning ◽  
Rational Action ◽  
Reasons For Action ◽  
Central Theme ◽  
Knowledge Norms

This chapter defends a connection between knowledge and practical reasoning, according to which one’s reasons for action constitute all and only that which one knows. A variety of intuitive objections to such principles are considered and rejected—a central theme is that objectors to knowledge norms often make tacit but substantive ethical assumptions about which reasons, if held, would justify which actions. Absent broader ethical theorizing, the proposed counterexamples are inconclusive. The chapter sketches possible approaches to such theories, and indicates reason for optimism about knowledge norms. It also considers the degree to which knowledge norms imply externalism about rational action, suggesting that many internalist intuitions and verdicts may be accommodated and explained by knowledge norms.

scholarly journals Influence of innovative three-element binder on permanent deformations in recycled mixtures with emulsion and foamed bitumen

2021 ◽  
Vol 21 (2) ◽  
Author(s):  
Grzegorz Mazurek ◽  
Marek Iwański ◽  
Przemysław Buczyński ◽  
Renata Horodecka
Keyword(s):  
Hydrated Lime ◽  
Component Composition ◽  
Load Level ◽  
Point Of View ◽  
Cement Dust ◽  
Basic Part ◽  
Fine Grained ◽  
Time Deformation ◽  
Hydraulic Binder ◽  
Foamed Bitumen

AbstractThis article is detected to the assessment of durable deformations of recycled mixtures made of foamed bitumen (MCAS) and emulsion (MCE). In the basic part of research and analyses, attention was focused on determining the scale of three-component composition modifying rheological phenomena of recycled mixtures and other selected features considering various methods of bituminous binder proportioning. Cement, hydrated lime, and dusts from cement dust extracting system were included in the composition hydraulic binder. In this paper, the effect of graining of recycled mixture was also taken into account. One of the main scientific aims of the paper was to evaluate the degree of changes in durable deformations described in the power model depending on proportions of elements making three-element hydraulic binder. In effect, it was pointed out that the influence of hydraulic binder differently affected the durable deformation of recycled mixture depending on ways of bitumen binder implementation. There-element binder exerted the highest influence on mechanical properties of mixtures with fine-grained mixtures made according to the MCAS technology. The presence of 4 groups of mixtures with different properties was demonstrated using the classification neuron net. Based on that information, a set of the most recommended solutions from the point of view of time deformation resistance, low sensitiveness to the load level at moderate stiffness was selected. The best representative among them was the arrangement with 20% of hydrated lime, less than 40% of CBPD dusts and 40 ÷ 60% of cement.

Rheology of hydrocarbon gels

1950 ◽  
Vol 200 (1061) ◽  
pp. 183-188 ◽  
Keyword(s):  
Mechanical Properties ◽  
Experimental Measurement ◽  
Theoretical Basis ◽  
Continuous Media ◽  
Point Of View ◽  
Coarse Grained ◽  
Testing Instrument ◽  
Fine Grained ◽  
Mineral Oils ◽  
Space And Time

Hydrocarbon gels contain a number of materials, such as rubber, greases, saponified mineral oils, etc., of great interest for various engineering purposes. Specific requirements in mechanical properties have been met by producing gels in appropriately chosen patterns of constituent components of visible, colloidal, molecular and atomic sizes, ranging from coarse-grained aggregates, represented by sponges, foams, emulsions, etc.; to fine-grained and apparently homogeneous ones, represented by optically clear compounds. The engineer who has to deal with the whole range of such materials will adopt a macroscopic point of view, based on an apparent continuity of all the material structures and of the distributions in space and time of the displacements and forces occurring under mechanical actions. It has been possible to determine these distributions in the framework of a comprehensive scheme in which the fundamental principles of the mechanics of continuous media provide the theoretical basis, and a testing instrument of new design, termed Rheogoniometer, the means of experimental measurement (Weissenberg 1931, 1934, 1946, 1947, 1948).

Il ruolo della teoria nella positivizzazione dei diritti umani: attualitŕ e limiti della proposta di Norberto Bobbio

2009 ◽  
pp. 475-484
Author(s):  
Elena Pariotti
Keyword(s):  
Human Rights ◽  
Point Of View ◽  
Internal Point ◽  
Legal Form ◽  
Precise Content

The paper focuses on Bobbio's argument against the possibility and the usefullness of human rights foundation/justification. This argument is criticized from both an external and the internal point of view. First, the Author questions the identification between finding a conclusive foundation for human rights and justifying human rights, since it causes a complete deny of the role of theory in understanding human rights as well as in giving them a precise content and a legal form. Then the Author argues that (i) justification of rights is implied by their judicial application and evolution; (ii) some important points in Bobbio's thought the meaning attached to crucial notion, such as equality and liberty, the link between rights, peace and democracy need the importance of theory is defended.

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