Q: What is Tort? A: Categorical Hurt

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Anita Bernstein

Abstract The capacious and hard-to-confine term Tort challenges observers to identify what it includes and does not include. Offered here to describe tort, the label “categorical hurt” makes reference to two foundational characteristics. “Hurt,” the noun in this phrase, insists that tort plaintiffs bring to court their experience of suffering. Its adjective, used in this article to echo the word Immanuel Kant chose to modify a different noun, “imperative,” means that tort courts hear claims of general rather than exclusively personal interest. To earn a tort remedy, the suffering reported by a hurt plaintiff must be of a kind that other people can experience and understand.

Author(s):  
Immanuel Kant ◽  
Henry Allison ◽  
Peter Heath ◽  
Gary Hatfield ◽  
Michael Friedman
Keyword(s):  

1982 ◽  
Vol 27 (6) ◽  
pp. 431-432
Author(s):  
John C. Marshall
Keyword(s):  

Author(s):  
John Marmysz

This introductory chapter examines the “problem” of nihilism, beginning with its philosophical origins in the ideas of Plato, Immanuel Kant, Friedrich Nietzsche and Martin Heidegger. It is argued that film is an inherently nihilistic medium involving the evocation of illusory worlds cut loose from objective reality. This nihilism of film is distinguished from nihilism in film; the nihilistic content also present in some (but not all) movies. Criticisms of media nihilism by authors such as Thomas Hibbs and Darren Ambrose are examined. It is then argued, contrary to such critics, that cinematic nihilism is not necessarily degrading or destructive. Because the nihilism of film encourages audiences to linger in the presence of nihilism in film, cinematic nihilism potentially trains audiences to learn the positive lessons of nihilism while remaining safely detached from the sorts of dangers depicted on screen.


Author(s):  
Susan Brophy

Agamben’s complicated engagement with Immanuel Kant celebrates the brilliance of the German idealist’s thought by disclosing its condemnatory weight in Western philosophy. Kant was writing in the midst of burgeoning industrial capitalism, when each new scientific discovery seemed to push back the fog of religion in favour of science and reason; meanwhile Agamben’s work develops in concert with the crises of advanced capitalism and borrows significantly from those philosophers who endured the most demoralising upheavals of the first half of the twentieth century. Whatever lanugo Kant was eager for us to shed in the name of individual freedom,1 Agamben sees in this crusade for civic maturity a surprising prescience: ‘[I]t is truly astounding how Kant, almost two centuries ago and under the heading of a sublime “moral feeling,” was able to describe the very condition that was to become familiar to the mass societies and great totalitarian states of our time’ (HS 52). To a remarkable extent, Agamben finds that Kant’s transcendental idealist frame of thought lays the philosophical foundation for the state of exception.


2016 ◽  
Vol 45 (2) ◽  
pp. 49-71 ◽  
Author(s):  
Seth Oppong

Generally, negatives stereotypes have been shown to have negative impact on performance members of a social group that is the target of the stereotype (Schmader, Johns and Forbes 2008; Steele and Aronson, 1995). It is against the background of this evidence that this paper argues that the negative stereotypes of perceived lower intelligence held against Africans has similar impact on the general development of the continent. This paper seeks to challenge this stereotype by tracing the source of this negative stereotype to David Hume and Immanuel Kant and showing the initial errors they committed which have influenced social science knowledge about race relations. Hume and Kant argue that Africans are naturally inferior to white or are less intelligent and support their thesis with their contrived evidence that there has never been any civilized nation other than those developed by white people nor any African scholars of eminence. Drawing on Anton Wilhelm Amo’s negligence-ignorance thesis, this paper shows the Hume-Kantian argument and the supporting evidence to be fallacious. 


Author(s):  
Mykola Somych ◽  
◽  
Yuiiia Vakulenko ◽  
Liudmyla Horbatiuk ◽  
Yurii Kovryzko ◽  
...  

The article summarizes the theoretical principles of defining the concept of «mechanism», «conflict management mechanism». The main types of conflicts according to the Law of Ukraine «On Civil Service» are clarified: official disputes and conflicts of interest – a situation in which the personal interest of a civil servant affects or may affect the objective performance of his duties and in which there is or may occur contradictions between the personal interest of the employee and the legitimate interests of citizens, organizations, society. The main types of conflict management mechanisms are identified: organizational, legal and socio-psychological, taking into account objective and subjective factors, which covers a system of parameters, sequential actions, a set of methods and measures of socio- psychological nature. The causes of conflict situations in the interaction of public authorities and the public are substantiated: objective (social, political, economic, ideological factors) and subjective (derived from objective). Conflict fields of contradictions that arise in the process of interaction are depicted: legislative principles, political sphere, personnel policy, undemocratic worldview of managers, economic competence. The analysis of the main conflict fields of contradictions of local governments of Poltava region is carried out. New, alternative methods of conflict resolution have been formed: competition, adaptation, compromise, avoidance, cooperation, their general characteristics have been determined. Officials were invited to use the open conversation technique in order to reach a compromise.


2018 ◽  
pp. 132-138
Author(s):  
М. І. Підодвірна

The results and achievements of the main schools and directions of naratology indicate the need to reread both well-known and recondite texts in order to spell out the meanings. We believe that the narrative analysis of prose by Victor Domontovich (the Ukrainian intellectual writer) is interesting and relevant. The article attempts to characterize the manifestations of the bias of an unreliable narato in the novel “Doctor Seraficus” based on the A. Nyuninga’s cognitive approach. A modern German researcher provides a set of tools that can supplemented for a multidimensional consideration of all ambiguities and contradictions in the text. An intelligent game that unfolds in the text manifests itself at different levels. V. Domontovych conducts the biggest game, the game with meaning through the pending authority of unreliable presenter. The text of the novel consists of abstract reflections, notes, dreams, illusions, fantasies, dreams and retrospective journeys. The main law of the text is the game. Irony and contradictions in the narrator’s words encourage the reader to feel dissonance, uncertainty. Therefore, in a narrative analysis, attention is focused on the speaker and who sees (the focal point). It was investigated that the artist Corvin is the narrator of the novel “Doctor Serafikus”, he tries to give as much as possible objectively the personal story. The motives for the unreliability narration based on the personal interest and bias of the character are determined. We identified the main symptoms of the unreliability of the narrator in the work, and the different levels at which the corresponding narrative is expressed, are highlighted. It is established that an unreliable narrative forces distancing itself from a narrator and takes everything that has been said with caution and detachment. Detailed narrative analysis of the work sheds light on the meanings, which for some reason masked, and allows you to establish artistic functions of an unreliable narrator. We believe that understanding this phenomenon makes it possible to make a comprehensive analysis of artistic text.


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