“I Would Prefer Not To”: A Lawyer Facing the Irresponsible Power

Pólemos ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 221-239
Author(s):  
Giuseppe Rossi
Keyword(s):  
Legal Rules ◽  
Knowing That ◽  
Moral Ethics ◽  
Asking Questions ◽  
Way Of Thinking ◽  
The Many ◽  
And Coping

Abstract The essay considers Hermann Melville’s character Bartleby as an example of irresponsible power, since, in the story, the scrivener changes deeply his lawyer employer’s way of thinking and living, without giving any single answer to the many questions which the narrator keeps asking him about his apparently absurd behavior. The article offers some reflections about the difficulties that legal rules, as well as other set of rules (moral, ethics) meet when they are called to face irresponsible powers, and about the need to keep asking questions, though knowing that they will meet no final answers (thus accepting the irrationality of life, and coping with it).

scholarly journals News-Driven Business Cycles: Insights and Challenges

2014 ◽  
Vol 52 (4) ◽  
pp. 993-1074 ◽  
Author(s):  
Paul Beaudry ◽  
Franck Portier
Keyword(s):  
Business Cycles ◽  
Business Cycle ◽  
Empirical Evidence ◽  
Economic Fluctuations ◽  
Aggregate Fluctuations ◽  
Business Cycle Fluctuations ◽  
Widespread Belief ◽  
Way Of Thinking ◽  
The Many

There is a widespread belief that changes in expectations may be an important independent driver of economic fluctuations. The news view of business cycles offers a formalization of this perspective. In this paper we discuss mechanisms by which changes in agents' information, due to the arrival of news, can cause business cycle fluctuations driven by expectational change, and we review the empirical evidence aimed at evaluating their relevance. In particular, we highlight how the literature on news and business cycles offers a coherent way of thinking about aggregate fluctuations, while at the same time we emphasize the many challenges that must be addressed before a proper assessment of the role of news in business cycles can be established. (JEL D83, D84, E13, E32, O33)

scholarly journals The many versions of the painting of Tingqua’s studio: painting copying and originality in nineteenth-century canton

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Elad Yaron
Keyword(s):  
Nineteenth Century ◽  
Main Question ◽  
Art World ◽  
Old World ◽  
Job Requirements ◽  
Knowing That ◽  
The Many

Abstract Personal expression was generally not part of the job requirements of trade-painters in nineteenth-century Canton, China. They were asked to produce paintings tailored to their Western consumers’ interests, wishes, and needs. Yet, in the middle of this “art-world” lies an enigma: a set of thirteen paintings depicting the workshop of the trade-painter Tingqua, which seem, at first glance, to be duplicates of a mundane product of the industry. Closer examination, however, reveals not only that each of these versions is unique, but also that the series as a whole is actually extraordinary. The workshop paintings are full of details, including various quotes written in calligraphy, which would not have been understood either by Western or even by most Chinese viewers, but only by members of the scholar-gentry, that is, the literati of China. The main question we face before this thirteen-piece puzzle is: why did the artist plant messages or integrate codes in paintings that were sent to a world in which nobody could decode them? I propose that these workshop paintings be read as a self-portrait of a person living in a world that is witnessing a contest between two substantially different momentous cultures, each struggling to prove its superiority or dominance. Watching the demise of an old world to which he himself was contributing, Tingqua decided to treasure some of its features despite knowing that those who purchased the works would not be able to appreciate them.

scholarly journals PENEGAKAN HUKUM TERHADAP MALPRAKTEK DOKTER YANG MELAKUKAN ABORSI (STUDI PUTUSAN NO.288/PID.SUS/2018/PN. NJK)

2020 ◽  
Vol 2 (2) ◽  
pp. 15
Author(s):  
Ricky Darmawan
Keyword(s):  
Law Enforcement ◽  
Medical Malpractice ◽  
Medical Personnel ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
The Public ◽  
Moral Ethics ◽  
Theory Of Law ◽  
The Many

AbstractMedical actions by doctors who act not in accordance with the rules and applicable moral ethics are now beginning to emerge frequently. At this time, the problem of malpractice in health services began to be discussed by various groups in the community. This can be seen from the many indictments of malpractice cases submitted by the public about the profession of doctors who in carrying out their duties have committed wrong actions that result in losses resulting in death or disability. Medical malpractice, this is related to the task of the doctor or medical personnel under his command intentionally or negligence to do something (active or passive). The problem that the writer takes here is that the malpractice case which the writer carefully sourced from the decision of Nganjuk District Court No.288 / Pid.sus / 2018 / PN NJK, The theory used in this research is the theory of law enforcement. While the method used is empirical juridical legal research, where in analyzing the problem carried out by the method of combining legal materials (Decisions) with primary data obtained in the field. The output of this paper is that the handling of malpractice cases by doctors without the need for procedures according to medical regulations needs to be considered.Keywords: Abortion, Doctors, Law Enforcement, Malpractice.AbstrakTindakan medis oleh dokter  yang bertindak tidak sesuai dengan aturan dan etika moral yang berlaku ini kini mulai sering muncul. Pada saat ini, masalah malpraktik pelayanan kesehatan mulai dibicarakan oleh berbagai kalangan dalam masyarakat. Hal itu terlihat dari banyaknya dakwaan kasus malpraktik yang disampaikan oleh masyarakat tentang profesi dokter yang dalam melakukan tugasnya telah melakukan tindakan yang salah yang menimbulkan kerugian yang berujung pada kematian atau cacat. Malpraktik medik, hal ini berkaitan tugas dokter atau tenaga medis yang ada di bawah perintahnya dengan sengaja atau kelalaian melakukan perbuatan (aktif atau pasif). Permasalahan yang penulis ambil disini dimana Kasus malpraktek yang penulis teliti bersumber pada putusan Pengadilan Negeri Nganjuk No.288/Pid.sus/2018/PN NJK, Teori yang digunakan dalam penelitian ini ialah teori penegakan hukum. Sementara metode yang digunakan adalah penelitian hukum yuridis empiris, dimana dalam menganalisis permasalahan dilakukan dengan metode memadukan bahan-bahan hukum (Putusan) dengan data primer yang diperoleh di lapangan. Adapun output dari tulisan ini, bahwa penanganan perkara malpraktek dokter yang diilakukan dokter tanpa danya prosedur sesuai aturan medis perlu di perhatikan.Kata kunci : Aborsi, Dokter, Malpraktek,Penegakan Hukum.

Informed Consent: Framing the Questions

2001 ◽  
Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker
Keyword(s):  
Informed Consent ◽  
Interpersonal Process ◽  
Patient Relationship ◽  
Policy Issues ◽  
Legal Principles ◽  
Legal Rules ◽  
Reasonable Approach ◽  
The Many ◽  
Society Today ◽  
Right Of Self Determination

What is informed consent? The answer may seem self-evident only to those who have yet to explore the many meanings of the term. Informed consent refers to legal rules that prescribe behaviors for physicians and other healthcare professionals in their interactions with patients and provide for penalties, under given circumstances, if physicians deviate from those expectations; to an ethical doctrine, rooted in our society’s cherished value of autonomy, that promotes patients’ right of self-determination regarding medical treatment; and to an interpersonal process whereby these parties interact with each other to select an appropriate course of medical care. Informed consent is each of these things, yet none of them alone. As a theory based on ethical principles, given effect by legal rulings and implemented by clinicians, it has been haunted by its complex lineage. When legal principles and ethical values conflict, which should take precedence? When clinical interests appear to be served by neither legal nor ethical concerns, which interests should be compromised and to what degree? The vast literature on informed consent, found in journals and books of medicine, law, bioethics, philosophy, and public policy, has been stimulated by the need to create a workable doctrine that can accommodate values that to many observers are in an irremediable state of conflict. The conflicts in theory and the need to resolve them in practice are the subjects of this book. Theory is the focus of the first half of the volume; practice is the topic of the second. Seeking to understand the fascinating theoretical problems requires us to grapple with some of the most difficult ethical and policy issues facing our society today. But let us state at the outset our belief that the clinician on the front lines need not be paralyzed by differences of opinion among legal and ethical theorists. Through the vaguely translucent wall of expertise behind which the discussion about the proper shape of the informed consent doctrine has taken place, a reasonable approach to informed consent in the clinician-patient relationship can be discerned. Our most important and challenging task in this book is to make that approach evident.

scholarly journals THE MANY FORMS OF AGEISM: AGE DIFFERENCES IN EXPERIENCE TYPE, EMOTIONAL IMPACT, AND COPING STRATEGIES

2018 ◽  
Vol 2 (suppl_1) ◽  
pp. 614-615
Author(s):  
M Horhota ◽  
A L Chasteen ◽  
J J Crumley-Branyon
Keyword(s):  
Coping Strategies ◽  
Age Differences ◽  
Emotional Impact ◽  
The Many ◽  
And Coping

scholarly journals Promotion through Marketing Channels – The Case of Kosovo

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
MSc. Hidajet Karaxha ◽  
MSc. Sejd Tolaj ◽  
Dr.Sc. Ilia Kristo
Keyword(s):  
Distribution Channel ◽  
Distribution Channels ◽  
Practical Aspect ◽  
Target Market ◽  
Promotion Strategy ◽  
Theoretical Contribution ◽  
Knowing That ◽  
General Program ◽  
The Many ◽  
Study Context

 In order for a product to be put in the hands of the customer, requires a mechanism which is called distribution channel and which enables the connection between the consumer and producer. One of the many strategies applied by Kosovar companies for the involvement of the members of the channel is also the promotion through distribution channels. Therefore, the strategies which involve the members of the channel have a higher probability to be positively accepted by the members of the channel, when they are part of a general program of supporting the needs of the producers. The process of realizing a marketing strategy of a company does not concise only of achieving specific goals of production during the realization of the promotion phase, but it also requires identifying the target market and achieving it. The purpose of this paper is to review the promotion strategy of distribution channels, which emphasize the support by the members of the channel, initiated by the producers through cooperative advertisements, promotional salaries, slotting taxes, incentives, promotions in markets and also special promotional agreements. The theoretical and practical side of the study are very important, especially regarding to new theoretical and practical views in the study context. Besides the theoretical contribution that will be offered by this paper, there will also be interesting findings in the practical aspect where through this paper, the owners, managers, firms will be able to understand the role and importance of promotion through distribution channels. Knowing that there are only few studies offered in this field, this paper offers help for everyone interested in this field. This paper contains empirical data collected by questionnaires and interviews.

scholarly journals The Theory–Theory Approach to Ethics

2020 ◽  
pp. 261-273
Author(s):  
Frank Jackson
Keyword(s):  
Proper Names ◽  
Theory Theory ◽  
Theory Approach ◽  
Asking Questions ◽  
Functionalist Account ◽  
Good For ◽  
Way Of Thinking

One way to approach the theory of reference for proper names is by asking what proper names are good for in the sense of the valuable purposes they serve. Suppose we approach ethical terms and concepts in the same spirit, asking questions like: What purposes do they serve? How could we do something similar but do it better? This chapter explores the implications of this way of thinking about ethical terms and concepts, and explains why a theory–theory or moral functionalist account of them is so attractive when we approach matters from this perspective. The discussion is set inside an avowedly cognitivist, naturalist framework, and touches on the implications of this framework for how to adjudicate debates between rival views in ethics, and the relevance of evolutionary considerations.

Rule of Law, Security, and Transitional Justice in Fragile and Conflict-Affected Societies

2018 ◽  
Author(s):  
Anja Mihr ◽  
Chandra Sriram Lekha
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Truth Commissions ◽  
Law Reform ◽  
Security Sector ◽  
The Past ◽  
Post Conflict ◽  
Knowing That ◽  
The Many

States are expected to provide both security and justice for their citizens; one needs the other in order to work well. Yet when both are damaged or destroyed by war, state actors and outsiders alike tend to treat them as competing post-conflict priorities. Over the past twenty years, numerous processes have emerged to promote one or both, including “transitional justice”—from courts and truth commissions to community reconciliation—and programs to restore rule of law, reform the “security sector” (SSR) and disarm, demobilize, and reintegrate fighters into society (DDR). The many actors involved have just as many, sometimes competing, operational priorities, knowing that change is urgent, but necessarily long-term. This chapter examines the interaction of transitional justice, rule of law, SSR, and DDR, identifying key concepts, actors, processes, and challenges in pursuing change in each of these areas simultaneously.

Doctor Thorne

2014 ◽  
Author(s):  
Anthony Trollope
Keyword(s):  
Knowing That ◽  
Hard Times ◽  
The Face ◽  
The Many

‘Frank has but one duty before him. He must marry money.’ The squire of Greshamsbury has fallen on hard times, and it is incumbent on his son Frank to make a good marriage. But Frank loves the doctor's niece, Mary Thorne, a girl with no money and mysterious parentage. He faces a terrible dilemma: should he save the estate, or marry the girl he loves? Mary, too, has to battle her feelings, knowing that marrying Frank would ruin his family and fly in the face of his mother's opposition. Her pride is matched by that of her uncle, Dr Thorne, who has to decide whether to reveal a secret that would resolve Frank's difficulty, or to uphold the innate merits of his own family heritage. The character of Dr Thorne reflects Trollope's own contradictory feelings about the value of tradition and the need for change. His subtle portrayal, and the comic skill and gentle satire with which the story is developed, are among the many pleasures of this delightful novel.

Volcanic and Geothermal Redox Engines

Elements ◽  
2020 ◽  
Vol 16 (3) ◽  
pp. 179-184
Author(s):  
Roberto Moretti ◽  
Andri Stefánsson
Keyword(s):  
Electron Transfer ◽  
Redox Potential ◽  
Oxidation Potential ◽  
External Factors ◽  
Geothermal Systems ◽  
Acid Base ◽  
Potential Analysis ◽  
Essential Variable ◽  
Knowing That ◽  
The Many

The redox (reduction–oxidation) potential is an essential variable that controls the chemical reactions of fluids in magmatic and associated geothermal systems. However, the evolution of the redox potential is difficult to trace from a magma’s source at depth to the surface. The key is knowing that electron transfer is the twin face of the acid–base exchanges that drive charge transfer in the many reactions that occur in multiphase and chemically complex systems. The deduced redox reactivity can reveal many features about the evolution of a system’s composition and the external factors that control it. As such, redox potential analysis is an important geochemical tool by which to monitor volcanoes and to explore geothermal systems.

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