scholarly journals Comments on Ernest Weinrib’s ideas of “correlativity and personality”

Revista IBERC ◽  
2020 ◽  
Vol 3 (3) ◽  
pp. 88-100
Author(s):  
Catarina Helena Cortada Barbieri

This article aims to explain some of the core concepts that tort law philosopher Ernest Weinrib has expounded in his latest book “Corrective Justice” (2012). The article concentrates on the first chapter of the book, “Correlativity and Personality”, in which Weinrib lays down the core of his conceptual and normative argument about corrective justice. Understanding this core concepts may be of interest for any scholar delving into Weinrib’s ouvre for the first time, and might bring a renewed interested for those in the tort law field already familiar with his contentions about the relationship between tort law and corrective justice.

Inclusion ◽  
2014 ◽  
Vol 2 (3) ◽  
pp. 237-247 ◽  
Author(s):  
Karrie A. Shogren ◽  
Michael L. Wehmeyer

Abstract This article analyzes the relationship between the core concepts of disability policy and the three generations of inclusive practices. Specifically, we review the three generations of inclusive practice, highlighting the core concepts that have been most strongly emphasized during each generation of inclusive practices. Because we are early in the third generation of inclusive practices, we conclude by examining how the core concepts can guide and direct third generation inclusive practices and how future research, policy, and practice can actualize the aspirational values of all of the core concepts to enable desired outcomes.


Author(s):  
Stephen Farrall ◽  
Susanne Karstedt

This chapter uses the core concepts of institutional anomie theory, one of the most exciting theoretical developments in criminology of the recent past, to explain why people commit crimes in the marketplace. This theory in particular models neo-liberal changes to markets that affect the relationship between state and markets, consumption patterns, and citizenship. Modelling relies on structural equations and explores these processes and their impact on the three regions.


Author(s):  
Ashley Edwards

Adopted in the late 1930s, the Library Bill of Rights grounded the profession in the core value of intellectual freedom. This core value was challenged in the 1930s, the 1960s, the 1990s, and again in recent years by calls for social responsibility within our ranks. The re-occurrent discomfort with upholding intellectual freedom is particularly evident today in the case of public library third party meeting room bookings by controversial speakers. Both the Toronto Public Library and the Vancouver Public Library (as well as the Edmonton Public Library for lending its support) have come under scrutiny by both specific voices within the field as well as the community more broadly. This is not the first time, nor will it be the last time, that publicly funded libraries are faced with controversy surrounding intellectual freedom.   Using critical information theory, this presentation examines important questions: How is intellectual freedom defined, redefined and confined today? What is the relationship between the core value of intellectual freedom and sister core values such as social responsibility, diversity and democracy? How do we uphold professional ethics (e.g., IFLA Code for Librarians and Other Information Workers) in instances when our personal, professional, institutional and/or association commitments do not align? As a 2019-20 SLIS research assistant, these questions are rooted in my ongoing academic explorations with Dr. Samek of the nature and extent LIS curricula (for both professionals and paraprofessionals) prepares graduates to negotiate the perpetually complicated core value of intellectual freedom from a position of confidence, and not fear, defensiveness or divisiveness.


Author(s):  
Ernest J. Weinrib

In his treatment of justice Aristotle articulated a contrast between two forms of justice, corrective and distributive. The former deals with the rectification of an injustice inflicted by one person on another, the latter with the distribution of benefits or burdens. These forms of justice have differing structures. What informs distributive justice is the notion of comparison: a greater share goes to the more meritorious under the distributive criterion. What informs corrective justice is the notion of correlativity or mutuality: an injurer has inflicted wrongful harm on a victim if and only if the victim has suffered wrongful harm through the injurer’s conduct. The parties, as doer and sufferer of the same injustice, are the active and passive poles of a single wrong, which the law rectifies by holding the perpetrator liable to the victim. In recent decades corrective justice (along with its differentiation from distributive justice) has attracted the attention of legal theorists interested in tort law as a repository of normative judgements and insights about wrongful injuries. These theorists view the notion of correlativity as crucial for understanding the relationship between the plaintiff and the defendant. An emphasis on correlativity illuminates both the arguments that properly belong within a system of liability and the connection between corrective justice as a theoretical idea and legal liability as a familiar institutional practice. This entry outlines the role of corrective justice in contemporary tort theory.


Author(s):  
Christian Kohls ◽  
Joachim Wedekind

Patterns are systematic approaches to documenting and classifying recurrent problems and their solutions. Patterns are usually based on empirical observations of good practices. This chapter provides a brief introduction to the core concepts of patterns, and distinguishes between patterns in the real world, patterns in the heads of designers, and pattern descriptions. It starts with basic definitions and explains the relationship between context, problems, forces, and solutions. Key concepts such as connecting patterns into pattern languages, finding whole forms, and sharing best practices among peers are elaborated. To distinguish between patterns in the world, in the heads of designers and in documentations it introduces a vocabulary that may clarify the different meanings of the term “pattern” in the context of design. A discussion of how patterns are recognized and induced by practitioners resolves why there are patterns at different levels of granularity and abstraction. Schema theory provides a theoretical framework to understand how successful strategies of problem solving are stored in the mind of an expert. To share this knowledge, patterns can be described in various ways using different pattern formats or templates. While there are many benefits of the pattern approach, both the pattern author and the pattern user face some challenges. Therefore some of the major benefits and challenges are discussed at the end of the chapter.


Author(s):  
Rhys Goldstein ◽  
Gabriel A. Wainer ◽  
Azam Khan

The DEVS formalism is a set of conventions introduced in 1976 for the specification of discrete event simulation models. This chapter explains the core concepts of DEVS by applying the formalism to a single ongoing example. First, the example is introduced as a set of informal requirements from which a formal specification is to be developed. Readers are then presented with alternative sets of modeling conventions which, lacking the DEVS formalism’s approach to representing state, prove inadequate for the example. The chapter exploits the DEVS formalism’s support for modular model design, as the system in the example is specified first in parts and later as a combination of those parts. The concept of legitimacy is demonstrated on various model specifications, and the relationship between DEVS and both object-oriented programming and parallel computing is discussed.


2021 ◽  
Author(s):  
Hans-Otto Baral ◽  
Peter Rönsch ◽  
Udo Richter ◽  
Alexander Urban ◽  
Julia Kruse ◽  
...  

Abstract Three little known, morphologically similar species of Sclerotiniaceae which form their apothecia on fallen stromatized Veronica seeds are described and illustrated in detail based on fresh collections or moist chamber cultures of infected seeds: Ciboria ploettneriana, Schroeteria decaisneana, and Schroeteria poeltii. The former two were found on Veronica hederifolia agg. at different sites of temperate central Europe, the latter on V. cymbalaria in a mediterranean region of Spain. The latter two are anamorph-typified and here reported for the first time with their teleomorph.Ciboria ploettneriana was described by Kirschstein as Sclerotiniaploettneriana on seeds of V. hederifolia agg. but is currently treated in Ciboria. Based on the reexamination of four syntype specimens in B it became evident that Kirschstein confused the two species on V. hederifolia. A lectotype is therefore designated for S. ploettneriana.Members of Schroeteria are specific plant parasites infecting fruits of different Veronica spp. Schroeteria has earlier been referred to the Ustilaginales (Basidiomycota) based on its smut-like chlamydospores, but later light-microscopic and ultrastructural studies suggested that it represents a false smut fungus belonging to the Sclerotiniaceae (Helotiales).rDNA sequences were obtained from chlamydospores of Schroeteria bornmuelleri (on V. rubrifolia), S. delastrina (generic type, on Veronica arvensis), S. decaisneana, and S. poeltii, and from apothecia on V. hederifolia agg. and V. cymbalaria seeds. As a result, the anamorph-teleomorph connection could be verified for Schroeteria decaisneana and S. poeltii based on a 100% ITS similarity between both morphs, whereas Ciboria ploettneriana in the here redefined sense could not be connected to an anamorph.Our phylogenetic analyses show that Ciboria ploettneriana belongs in the relationship of Sclerotinia, Stromatinia, and Grovesinia rather than Ciboria, but its placement was not supported. Also Schroeteria poeltii clustered unresolved in this relationship but has a much higher molecular distance to those. The remaining three Schroeteria spp. formed a supported monophyletic group, the Schroeteria core clade, which clustered with medium to low support distantly to a member of the Monilinia alpina group of section Disjunctoriae (M. jezoensis). ITS distances of 5–6.3% were found among members of the Schroeteria core clade, and 13.8–14.7% between the core clade and S. poeltii. The high distance of S. poeltii reflects its deviating chlamydospore morphology.Despite the high heterogeneity in the available ITS and LSU data, Schroeteria is accepted here under inclusion of S. poeltii as a genus distinct from Monilinia, particularly because of its very special anamorphs. A similar heterogeneity in rDNA analyses was observed in Monilinia and other genera of Sclerotiniaceae. Protein-coding genes should be investigated in order to obtain a more natural phylogeny within the Sclerotiniaceae.


Author(s):  
Ahson Azmat

This chapter argues that non-instrumental, deontic approaches to tort law—like Corrective Justice or Civil Recourse Theory—presuppose an unspecified and undefended non-naturalist account of the normativity of civil wrongs. Linking this puzzle to current debate within metaphysics, the chapter argues that a deontic theory of tort must be a theory of legal grounding—that is, an account of the relationship between torts and the facts that underwrite them. It specifies a model of the logical form of this grounding relationship and then examines whether it is a metaphysical or, instead, a sui generis legal relationship. The chapter then turns squarely to Corrective Justice and Civil Recourse Theory to determine whether they can make good on their metaphysical presuppositions.


Author(s):  
Henri Meschonnic

Henri Meschonnic was a linguist, poet, translator of the Bible and one of the most original French thinkers of his generation. He strove throughout his career to reform the understanding of language and all that depends on it. His work has had a shaping influence in various fields and its importance is growing. Here, for the first time, some of the key texts are made available in English for a new generation of scholars in the humanities. By introducing key works of Henri Meschonnic, this Reader will enrich, enhance and challenge your understanding of language. This book includes fourteen key texts which cover the core concepts and topics of Meschonnic’s theory. It explores his key ideas on poetics, the poem, rhythm, discourse and his critique of the sign. Meschonnic’s vast oeuvre was continuously preoccupied with the question of a poetics of society; he constantly connected the theory of language to its practice in various fields and interrogated what that means for the individual and society. In exploring this fundamental question, this book is central to the study and philosophy of language, with rich repercussions in fields such as translation studies, poetics and literary studies, and in redefining notions such as rhythm, modernity, the poem and the subject. The Reader is accompanied by introductory texts to Meschonnic, his key concepts and his poetics of society, as well as by a glossary, index and bibliography.


2007 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
Prue Vines

The recent rash of apology-protecting legislation in tort law in the common law world raises interesting questions about why apologies are so important. The function of apologies within society generally is not absolutely clear. It is even less clear what their function in relation to civil liability is and how the relationship between the law and apologies works. It is fairly clear that legislators desire apologies to reduce litigation on the basis of some naïve view that that is what people really want and that the common legal advice to never apologise is actually very bad for society in general. In this paper I argue first that defining apologies is crucial to determining their function, that apologies have multiple functions and that one of them is corrective justice. Another is to mediate relationships and to achieve reconciliation or healing through a process of apology, forgiveness and redemption. When should an apology be protected and why can only be answered if we have a real understanding of both the psychological and sociological effects of apologies. In particular we need to understand the interactions of different types of norms, including norms of civility, legal norms, professional ethics and so on. The article attempts to go some way towards this understanding.


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