scholarly journals FREEDOM OF WILL AND CULPABILITY

2021 ◽  
Vol 9 (6) ◽  
pp. 385-388
Author(s):  
Sebastião Pinto ◽  
ROSALINA ALVES NANTES
Keyword(s):  
Self Determination ◽  
Human Being ◽  
Freedom Of Will ◽  
The Individual ◽  
Freedom Of Action

Unlike animals (which are programmed by nature), the human being, at birth, brings with him an innate characteristic: freedom of action. In our legal-criminal system, after completing 18 years, the individual acquires the fullness of that freedom and, consequently, the capacity for culpability. This is because, from this age, it is assumed that the person achieves so-called self-determination, that is, the ability to direct alone to his own actions according to the formation of his independent will. In other words: legally it no longer requires the guidance of parents or guardians to direct their conduct. You have complete freedom of action.

Rethinking the Doctrinal System of Fundamental Rights: New Decisions of the Federal Constitutional Court

2002 ◽  
Vol 3 (11) ◽  
Author(s):  
Marion Albers
Keyword(s):  
Fundamental Rights ◽  
Self Determination ◽  
Constitutional Court ◽  
Individual Freedom ◽  
Legal Basis ◽  
Basic Law ◽  
Federal Constitutional ◽  
The Individual ◽  
Scope Of Protection ◽  
Freedom Of Action

The German doctrinal system of fundamental rights is characterized by the interplay of three components: the scope of protection, the impairment and the explicit justification of restrictions. In the traditional conception fundamental rights serve as individual rights as a defense against governmental or administrative activities which impair the protected freedom without being legitimated by the Basic Law. The impairment occupies the central role: The scope of protection shall not define but leave room for the individual freedom, and that is possible because it refers to present possibilities and to interests like self-determination, freedom of action or freedom of property. In contrast, the “impairment” is strictly defined. It is a governmental or administrative order or prohibition by or based upon law; the order or prohibition includes sanctions; it is addressed to the person protected by a specific fundamental right, and it reduces the freedom protected by this very right. In case of an impairment, the governmental or administrative act has to meet all requirements of Basic Law. One of the most important requirements is the parliamentary legal basis.

Married Life in the Middle Ages, 900-1300

2019 ◽  
Author(s):  
Elisabeth van Houts
Keyword(s):  
Middle Ages ◽  
Married Couple ◽  
Self Determination ◽  
Emotional Life ◽  
Social And Emotional ◽  
Individual Agency ◽  
Married Life ◽  
The Face ◽  
History Of ◽  
The Individual

This book contains an analysis of the experience of married life by men and women in Christian medieval Europe c. 900–1300. The focus will be on the social and emotional life of the married couple rather than on the institutional history of marriage. The book consists of three parts: the first part (Getting Married) is devoted to the process of getting married and wedding celebrations, the second part (Married Life) discusses the married life of lay couples and clergy, their sexuality, and any remarriage, while the third part (Alternative Living) explores concubinage and polygyny as well as the single life in contrast to monogamous sexual unions. Four main themes are central to the book. First, the tension between patriarchal family strategies and the individual family member’s freedom of choice to marry and, if so, to what partner; second, the role played by the married priesthood in their quest to have individual agency and self-determination accepted in their own lives in the face of the growing imposition of clerical celibacy; third, the role played by women in helping society accept some degree of gender equality and self-determination to marry and in shaping the norms for married life incorporating these principles; fourth, the role played by emotion in the establishment of marriage and in married life at a time when sexual and spiritual love feature prominently in medieval literature.

scholarly journals ‘How to become what you are’: Self-becoming and individuation in Nietzsche’s Ecce Homo and Hesse’s Demian and Steppenwolf

2021 ◽  
Vol 51 (1) ◽  
pp. 3-23
Author(s):  
Thomas Crew
Keyword(s):  
Human Being ◽  
The Status ◽  
Ecce Homo ◽  
The Individual

In this essay I consider the theme of individuation or self-becoming in Nietzsche’s Ecce Homo (1888) and Hesse’s Demian (1917) and Steppenwolf (1927). Although this task appears inter-disciplinary, Nietzsche’s autobiography can be considered a Bildungsroman in which ‘Nietzsche’ plays the protagonist. After showing the correspondences between Nietzsche’s and Hesse’s diagnoses of contemporary Europe, which can be summed up with the notion of ‘decadence’ or nihilism, I suggest that they both point towards the process of self-becoming as the ultimate remedy for both the individual and society. Self-becoming is a painful yet necessary process that holds the repeated destruction of the individual’s identity as the precondition for attaining the status of human being. It is a process implied by Nietzsche’s ‘formula for human greatness’: amor fati. Resistance to individuation leads to a state of ‘miserable ease’, embodied by what Hesse calls the ‘bourgeois’ and what Nietzsche terms the ‘last men’.

scholarly journals Consumer-run services research and implications for mental health care

2016 ◽  
Vol 25 (5) ◽  
pp. 410-416 ◽  
Author(s):  
S. P. Segal ◽  
S. L. Hayes
Keyword(s):  
Mental Health ◽  
Lived Experience ◽  
Self Determination ◽  
Functional Improvement ◽  
Way Of Life ◽  
Services Research ◽  
Self Help ◽  
Mental Health Consumers ◽  
The Individual ◽  
The Impact

Mental health consumers/survivors developed consumer-run services (CRSs) as alternatives to disempowering professionally run services that limited participant self-determination. The objective of the CRS is to promote recovery outcomes, not to cure or prevent mental illness. Recovery outcomes pave the way to a satisfying life as defined by the individual consumer despite repetitive episodes of disorder. Recovery is a way of life, which through empowerment, hope, self-efficacy, minimisation of self-stigma, and improved social integration, may offer a path to functional improvement that may lead to a better way to manage distress and minimise the impact of illness episodes. ‘Nothing about us without us’ is the defining objective of the process activity that defines self-help. It is the giving of agency to participants. Without such process there is a real question as to whether an organisation is a legitimate CRS or simply a non-governmental organisation run by a person who claims lived experience. In considering the effectiveness of CRSs, fidelity should be defined by the extent to which the organisation's process conveys agency. Unidirectional helping often does for people what they can do for themselves, stealing agency. The consequence of the lack of fidelity in CRSs to the origins of the self-help movement has been a general finding in multisite studies of no or little difference in outcomes attributable to the consumer service. This, from the perspective of the research summarised herein, results in the mixing of programmatic efforts, some of which enhance outcomes as they are true mutual assistance programmes and some of which degrade outcomes as they are unidirectional, hierarchical, staff-directed helping efforts making false claims to providing agency. The later CRS interventions may provoke disappointment and additional failure. The indiscriminate combining of studies produces the average: no effect.

Me, my self, and the multitude: Microbiopolitics of the human microbiome

2018 ◽  
Vol 22 (3) ◽  
pp. 325-341
Author(s):  
Penelope Ironstone
Keyword(s):  
Human Microbiome ◽  
Human Organism ◽  
Human Being ◽  
The Individual

The human microbiome has become one of the dominant biomedical frameworks of the contemporary moment that may be understood to be post-Pasteurian. The recognitions the human microbiome opens up for thinking about the biological self and the individual have ontological and epistemological ramifications for considering what and who the human being is. As this article illustrates, the microbiopolitics of the human microbiome challenges the immunitarian Pasteurian model in which the organismic self shores itself up and defends itself against a microbial non-self or other. Instead, this theory presents the human organism as comprised of multiple ecosystems and as a multitude, suggesting that the thanatopolitical attempts to wipe out microbial others (evident in the overuse and misuse of antibiotics, for example) are giving way to an affirmative microbiopolitics grounded in generative multispecies relationality. This article sets out to make the case for this affirmative microbiopolitics.

scholarly journals A categorical analysis of the «personality self-determination» concept in the context of the problem of students’ orientation towards moral self-determination

2021 ◽  
Vol 10 (3) ◽  
pp. 269-273
Author(s):  
Oksana Konstantinovna Pozdnyakova
Keyword(s):  
Moral Education ◽  
Value Orientations ◽  
The Self ◽  
Self Determination ◽  
Moral Choice ◽  
Moral Self ◽  
Categorical Analysis ◽  
The Individual ◽  
Level Of Analysis

The paper raises the problem of students orientation towards moral self-determination as one of the directions of moral education of students. The necessity of carrying out a categorical analysis of the personality self-determination concept to determine the content and methods of orientation of students towards moral self-determination is substantiated. Personality self-determination is considered at the philosophical, psychological and pedagogical levels of analysis. At the philosophical level of analysis, the essence of the personality self-determination phenomenon and the concept adequate to it is revealed; it consists in a persons choice of certain actions and deeds in a given situation; shows the role of moral choice in the self-determination of the individual. At the psychological level of analysis, the author substantiates the relationship between the self-determination of the individual and the system of his/her relations (to the surrounding reality, other people and himself/herself), which determine the content of the personalitys position. At the pedagogical level of analysis, the self-determination of a person is associated with his/her choice of values, the source of which is his/her needs. The paper argues that the self-determination of a person is both a process and a result of a persons choice of his/her own position, there is a choice of relations that form the content of a position, there is a choice of values, the focus on which constitutes the value orientations of a person, which become the core of self-determination. The author also has determined some practical pedagogical tasks, the solution of which is aimed at creating conditions for the orientation of students towards moral self-determination: the task of students moral principles development, which will ensure their choice of their position, goals and means of self-realization in life; the task of familiarizing students with the value of good, which is the essence of their ethical attitude to the world, to people and to themselves; the task of developing students ability to substantiate the foundations of moral choice and its principles to reflection.

scholarly journals SUPPORT OF SELF-EDUCATION IN A DISTANCE RETRAINING PROGRAM OF TUTORS

2020 ◽  
Vol 14 (4) ◽  
pp. 719-728
Author(s):  
T. A. Klimova ◽  
Keyword(s):  
Educational Environment ◽  
Educational Process ◽  
The Self ◽  
Self Determination ◽  
Educational Activity ◽  
Self Organization ◽  
Digital Environment ◽  
The Individual ◽  
Restrictive Measures

Introduction. The paper addresses the issue of support of the students involved in a fully online retraining program, which imposes special requirements on the development of the self-education ability. The study aims to establish the conditions for organizing the support of self-education in a digital educational environment. Materials and methods. The study relies on the methodology proposed by G.N. Prozumentova for reconstructing the innovative experience to analyze the reflexive text materials of the Logbook of students of the retraining program; to identify the points of stress, misunderstanding, breaks, and transitions during training; and make an analytical generalization. Results of the study. Categories of difficulties encountered by students of the program in their self-educational activity were identified, and the conditions necessary to support self-education were established. These are points of self-determination, professional trials, points of reflection, and individual educational route. Conclusion. In the context of restrictive measures during the pandemic and the transition to the online educational process, self-skills related to self-education, i.e., self-organization, independence, and self-determination, become essential. These competences are an indispensable part of the work of a tutor. However, before the tutor can support someone, they need to build these self skills themselves. The established conditions in the retraining programs will facilitate this process. At the same time, additional studies are required to reveal in more detail the individual progress of a person under these conditions for building a model for supporting the development of self-education ability, and to determine the methods for tutors to provide the support of this progress. Keywords. Self-education, self-determination, individual educational route, professional retraining, tutor, digital environment, self skills.

scholarly journals MODERNIDAD INVIABLE

2017 ◽  
Vol 49 (3) ◽  
pp. 497
Author(s):  
Pedro Trigo
Keyword(s):  
Human Development ◽  
Vatican Ii ◽  
Human Life ◽  
El Paso ◽  
Human Being ◽  
Political Systems ◽  
The Core ◽  
The Individual ◽  
The Church

RESUMEN: Ponemos el núcleo de la modernidad en el descubrimiento de la individualidad, entendido como un proceso emancipatorio respecto de las co­lectividades que pautaban su vida. Sus dos modos básicos, en pugna constante, serían desarrollar su individualidad autárquicamente o entenderse como un ser humano, autónomo y único, pero referido a la única humanidad. Parecería que se ha impuesto el individualista, objetivando su dominio en los sistemas económico y político, pretendidamente autoconstruidos y autorregulados. Siempre hubo cristianos modernos, pero debieron soportar la contradicción de la institución eclesiástica. El Vaticano II discernió que el ser humano es histórico y que al hacer la historia se hace a sí mismo; reconoció que los bienes civilizatorios propician la vida humana, pero no equivalen al desarrollo propiamente humano. Sólo éste es escatológico. La responsabilidad ante los hermanos y la historia, que se ejerce en la encarnación solidaria, es el nuevo humanismo. La superación de la modernidad se da en el paso del individuo solo o en relación, al ser humano constitutivamente relacional, que se hace persona al actuar como hijo y hermano desde su insobor­nable individualidad.ABSTRACT: We put the core of Modernity in the emerging phenomena of indi­viduality, understood as a process of emancipation from the ruling groups. Its two ways, always in tension, would be to develop an individuality autocratically or to understand the individual as a unique and autonomous human being, but only in reference to humankind. It looks like that the individualist model has imposed itself dominating the economical and political systems, supposedly self-made and self-regulated. Modern christians have always existed, but they had always to deal with the contradiction of the Church as institution. The Vatican II discerned that the human being is historical and while making history we form themselves; rec­ognized that the civilizing benefits propitiate human life, but they do not equate to true human development. This is only eschatological. The responsibility towards brothers and history, that we perform in our caring incarnation, is the new hu­manism. We go beyond modernity when we pass from the individual alone or in relation to humankind intrinsically relational, that becomes a person by acting as a son and brother while anchored in indelible individuality. 

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