scholarly journals What do the translator and the grocery shopper have in common? Well, everything!

2015 ◽  
pp. 74-78
Author(s):  
H. Pierre Hsieh
Keyword(s):  
Translation Studies ◽  
Academic Field ◽  
The Law ◽  
Lay Public ◽  
Grocery Shopper

What would be the first thing that comes to your mind if I told you I was a translator? Chances are it would be “mediator”, “negotiator” or “communicator” if you have had prior dealings with the academic field of translation studies, or it would be “copycat”, “impersonator”, “plagiarist” or “cribber” if you have never even heard of translation studies. More specifically, what if I told you I was a legal translator? Chances are it would be more or less the same thing, only this time around you would probably be grappling with what to make of the term legal (Well, does it mean “concerning the law in general” or does it mean “legitimate”?) All this indicates the low prestige that is accorded to works of translation and the disrespect for translators that the lay public has. How did it come to this, and does it have to be this way? ...

Neurointerventions and the Law

2020 ◽  
Keyword(s):  
Human Nature ◽  
Social Impact ◽  
Cognitive Enhancement ◽  
Rapid Expansion ◽  
Conversion Therapy ◽  
Academic Field ◽  
The Law ◽  
Tacit Assumptions ◽  
In Virtue Of ◽  
Field Of Inquiry

This volume makes a contribution to the field of neurolaw by investigating issues raised by the development, use, and regulation of neurointerventions. The broad range of topics covered in these chapters reflects neurolaw’s growing social import, and its rapid expansion as an academic field of inquiry. Some authors investigate the criminal justice system’s use of neurointerventions to make accused defendants fit for trial, to help reform convicted offenders, or to make condemned inmates sane enough for execution, while others interrogate the use, regulation, and social impact of cognitive enhancement medications and devices. Issues raised by neurointervention-based gay conversion “therapy”, the efficacy and safety of specific neurointervention methods, the legitimacy of their use and regulation, and their implications for authenticity, identity, and responsibility are among the other topics investigated. The focus on neurointerventions also highlights tacit assumptions about human nature that have important implications for jurisprudence. For all we know, at present such things as people’s capacity to feel pain, their sexuality, and the dictates of their conscience, are unalterable. But neurointerventions could hypothetically turn such constants into variables. The increasing malleability of human nature means that analytic jurisprudential claims (true in virtue of meanings of jurisprudential concepts) must be distinguished from synthetic jurisprudential claims (contingent on what humans are actually like). Looking at the law through the lens of neurointerventions thus also highlights the growing need for a new distinction—between analytic jurisprudence and synthetic jurisprudence—to tackle issues that increasingly malleable humans will face when they encounter novel opportunities and challenges.

Taking Human Behavior Seriously

2021 ◽  
pp. 13-16
Author(s):  
Rebecca Hollander-Blumoff
Keyword(s):  
Dispute Resolution ◽  
Human Behavior ◽  
Analytical Framework ◽  
Interstitial Space ◽  
Negotiation Analysis ◽  
Specific Nature ◽  
Academic Field ◽  
Legal Scholarship ◽  
The Law ◽  
Context Specific

Robert Mnookin and Lewis Kornhauser’s 1979 article, Bargaining in the Shadow of the Law: The Case of Divorce, marked a critical watershed moment for the dispute resolution field on many levels. First, the article was at the vanguard of a now decades-old movement to take negotiation seriously as an academic field. Second, the article modeled and encouraged context-specific negotiation analysis as it delved deeply into the context-specific nature of dispute resolution, first developing a careful analytical framework for analysis and then applying it to a particular field of bargaining—namely, the area of divorce. Third, and most significantly, the article grappled with the interstitial space between the human behavior of “bargaining” and legal endowments, and it was ultimately instrumental in bringing that interstitial space into the purview of legal scholarship. I address each of these contributions in turn....

Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper
Keyword(s):  
Ethical Challenges ◽  
Speech Language Pathology ◽  
Thickened Liquids ◽  
Communication Breakdown ◽  
Professional Duty ◽  
Language Pathology ◽  
The Law ◽  
Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

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