Things often go wrong because legislators, as well as problem solvers, often rather like impatient general practitioners: • prescribe first; and • diagnose later! This course of action is a classic government response in a crisis, or student response when confronted with an essay. Even when an attempt is made to follow a model or to try to cover all eventualities, solutions to problems often cause more problems. Because one searches deeper into a problem, it is usually observed to be a cluster of problems with a range of causes, and a range of potential solutions, each with a different set of obstacles and costs. Much of a lawyer’s job, like that of many other people, involves solving or managing such problems. They tend to be drawn into solving problems in a range of ways, mostly revolving around the application and meaning of legal rules. So, it is worthwhile paying some attention to what is meant by a rule. Having opened the issue of ‘argument’ up by discussing the nature of problems it is now necessary to look at rules in a similar manner. 7.6.2 What is a rule? There are many meanings to ‘rule’. A rule can be a principle, a maxim governing individual or group conduct in life or in a game. It can be a system that creates a way of life. Within monastic life, the way of life according to rules can mean that the group itself is defined and described as the rule—the rule of St Benedict, for example. Some rules only have force within religious or social settings; others have effect within legal settings. Some rules only have force within a given academic discipline, philosophy, law or indeed legal method. Language itself is subject to rule formation in its rules of grammar, rules that some literary stars have attempted to subvert. James Joyce in Ulysses or in Finnegan’s Wake, for example.

2012 ◽  
pp. 223-223
2020 ◽  
pp. 137-153
Author(s):  
Lucy O’Meara

Roland Barthes was a classicist by training; his work frequently alludes to the classical literary canon and the ancient art of rhetoric. This chapter argues that ancient Greco-Roman philosophy permits insights into Barthes’s very late work, particularly when we understand ancient philosophy not as an academic discipline, but as a mode of thought which prioritises an art of living. This chapter will focus on Barthes’s posthumously published Collège de France lecture notes (1977–80) and on other posthumous diary material, arguing that this work can be seen as part of a tradition of thought which has its roots in the ethics and care of the self proposed by ancient Greco-Roman philosophical thought. The chapter uses the work of the historian of ancient philosophy, Pierre Hadot, to set Barthes’s teaching in dialogue with Stoic and Epicurean thought, and subsequently refers to Stanley Cavell’s work on ‘moral perfectionism’ to demonstrate how Barthes’s final lecture courses, and the associated Vita Nova project, can be seen as efforts by Barthes to transform his ‘intelligibility’. Barthes’s late moral perfectionism, and the individualism of his teaching, corresponds to the ancient philosophical ethical imperative to think one’s way of life differently and thereby to transform one’s self.


2019 ◽  
pp. 40-88
Author(s):  
Alf Ross

On the basis of the analysis of the game of chess and chess rules, Chapter I proposed the working hypothesis that, in principle, it must be possible to define and explain the concept ‘scientifically valid (Danish, Swedish, etc.) law’ along the same lines as the concept of a ‘scientifically valid norm of chess’. This chapter attempts to develop this working hypothesis into a comprehensive theory about what the concept ‘scientifically valid (Danish, Swedish, etc.) law’ actually means. The working hypothesis implies that the law, like the rules of chess, is a supra-individual, social phenomenon. This means that the legal notions of action give rise to a common ideology which is active in most judges’ minds, thereby creating an interpersonal context of meaning and motivation effectively guiding their actions in office because the legal rules are felt to be socially binding. In terms of content, the legal rules are directives to the judges for organizing the exercise of specific coercion through the courts. These directives fall into two categories: norms of conduct; and norms of competence. The former prescribe a certain course of action. The latter create a competence (power, authority) which, in turn, means that they are directives to the effect that norms created in conformity with a given mode of procedure shall be considered norms of conduct.


2018 ◽  
Vol 36 (3) ◽  
pp. 248-266 ◽  
Author(s):  
Inger Eide Robertson ◽  
Sverre Martin Nesvåg

Background and aims: For people trying to stop using alcohol or other drugs (AOD), the process is often characterised by periods of abstinence followed by relapse into their previous drug-related way of life and subsequent re-entry into the treatment system. There is a call for greater attention to the how of these transitions, with a special focus on the phase of leaving treatment. The aim of this article was to get a better understanding of the transformation of practice when moving from a drug-using to a non-using lifestyle by exploring the experience of (1) the involvement in treatment settings, (2) the process of leaving treatment, and finally, (3) the early phase of changing everyday practice into a drug-free way of living. Method: The article takes on a social practice approach, in particular Bourdieu’s concepts of habitus, “doxa” and field to analyse 17 in-depth interviews with Norwegian men and women seeking treatment for problems resulting from the use of drugs and/or alcohol. Results: The study shows that the support of professionals operates as transitional relations that can bridge the transformation from a drug-using to a drug-free life, by providing a social web of relations, positions, settings and activities. However, leaving treatment and establishing AOD-free practice involves moving into something unknown in the sense that there is no embodied, taken-for-granted knowledge about how to relate to a world where drug use is not the focal point of existence. Conclusions: The process of change, then, involves being exposed to an existential feeling of maladjustment. To get beyond the feeling of maladjustment, and get into the doxic mode takes time, and involves reconfiguration of habitus through reorientation of social settings, relations and networks. The treatment system could potentially develop a continuum of support during these transformations.


2019 ◽  
Vol 14 (2) ◽  
pp. 86
Author(s):  
John Arthur Johnson ◽  
Udo Moenig

<p>The 1<sup>st</sup> International Academic Taekwondo Conference Youngsan University was held on October 4, 2019 in Yangsan, Republic of Korea (ROK; i.e., South Korea). In an effort to bring together international researchers of taekwondo, three non-Korean presenters were invited and three accomplished academics, two non-Korean, made up the conference’s invited panelists. The topics presented were: 1) the shift in taekwondo’s peace promotion duties, 2) a discussion of <em>mudo</em> (“martial way” of life) in the Democratic People’s Republic of Korea (DPRK; i.e., North Korea), and 3) the decline of taekwondo as a combat sport. Although small in scale, the conference built upon previous taekwondo academic endeavors in- and outside of Korea. Most importantly, the conference highlighted the fact that non-Korean academics are furthering the research field beyond the nationalistic concepts still held in the Korean taekwondo community. The event immediately garnered interest in an expanded conference for 2020.</p>


Author(s):  
Bernd Carsten Stahl

This first content chapter of the book is meant to clarify the notions involved in the responsible management of information systems. The focus of this book is the concept of reflective responsibility, which will be developed in the subsequent chapters. However, the application of this theory will be the area of information systems. In order to develop what responsibility means in the context of information systems, we will therefore have to define the notion. This is not an easy task, as “information system” can mean many things. On the one hand there is the academic discipline, sometimes called information systems, computer information systems, management information systems, etc., and on the other hand there is the physical artefact. This artefact, be it a computer, a network, or some other type of ICT, becomes an information system by being used in social settings. Information systems have been defined as “an amalgam of hardware, software, procedures, and activities” (Lyytinen & Hirschheim, 1988, p. 19). This chapter will use another route to introduce the concept of information systems. It will look at three of the constitutive aspects of information systems, namely at business, information, and technology. By analysing these three terms and their composition, it will show what information systems are, and more importantly, why the theory of reflective responsibility is a promising approach to addressing the normative problems raised by them.


2021 ◽  
Vol 100 ◽  
pp. 03001
Author(s):  
Andrii Shaikan ◽  
Valentina Shaikan

The majority of modern researchers of the history of WWII and Great Patriotic War (1939-1945), analyzing the events that took place seventy years ago speak about the extreme danger of Nazism, since its aggression, in the case of the Nazis’ victory, would cause a civilizational decline for considerable part of mankind, and would lead to humanitarian catastrophe. A significant number of innocent people got into the post-war repression and their fates were crippled by war and totalitarianism. The author of this paper does not in any way desire to justify activities of collaborators or enemy aiders and deserters, as certain historian critics sometimes mistakenly imagine. Our research aims to show – but not to justify – motives of deeds of a person in critical social settings and incentive factors, which may under certain conditions align one’s behavior with a specific course of action. We believe that any statements concerning the inadmissibility of the Nuremberg International Trial rulings review are incompetent and illegitimate.


2018 ◽  
Vol 27 (3) ◽  
pp. 107-129
Author(s):  
Irina Davydova

Irina Davydova – PhD in Sociology, Unaffiliated Scholar, worked at Novosibirsk State University, Manchester University, Newcastle University. Address: Newcastle, Great Britain. E-mail: [email protected] Citation: Davydova I. (2018) Mutual Assistance among Russian Peasants: Practices of Pomochi and Their Evolution in the Course of Modernisation. Mir Rossii, vol. 27, no 3, pp. 107–129. DOI: 10.17323/1811-038X-2018-27-3-107-129   This paper presents a study of pomochi as an example of the practices of mutual assistance among Russian peasants, and of the transformation of these practices in the course of modernisation. The study relies on various sources, including materials from ethnographic surveys conducted in the nineteenth century, and the archive of life-histories of villagers, recorded in 1991–2 in the Saratov region. The practices of mutual assistance are considered from the methodological position, which derives from works of Winch and Schutz, who emphasised the fundamental distinction between social conceptions, which are constitutive of social life, and sociological concepts, which are tools of sociologists and are constructed according to the rules of their academic discipline. This position assigns a subsidiary role to sociological concepts and theories, suggesting a pragmatic choice of those, and requires heightened sensitivity in the interpretation of data. Accordingly, the practices of mutual assistance have been considered in terms of Sahlins’ typology of reciprocities, as a relic of the ancient communal farming system, in terms of a broadly Marxist approach as a form of production cooperative, and in terms of Chayanov’s theory of peasant economy – each illuminating particular features of mutual assistance among peasants or certain aspects of peasant life in general. The study has shown how the practices of mutual assistance were an essential feature of the peasant way of life, and traced their gradual disintegration as that way of life was itself falling apart.


Author(s):  
Richard Stoneman

This chapter discusses the Greeks' interest in Indian philosophy. Philosophy in the Greek sense was a great deal more than is connoted by today's academic discipline, concerned as it is with definitions and meaning. Philosophy, “the love of wisdom,” was a guide to life, and could even be applied to the way of life that was informed by wisdom. That is what Pythagoras meant by what the Greeks in Alexander's entourage seem to have thought they found in the Indian philosophers they met. Onesicritus was the earliest witness. On arrival in Taxila, Alexander was intrigued by a group of naked ascetics he observed in a grove outside the city, practicing various yoga postures, and sent Onesicritus to interview them and find out something about them.


2014 ◽  
Vol 11 (2) ◽  
pp. 131-158
Author(s):  
Julia Maskivker

Philosophical luminaries including Aristotle, Immanuel Kant, David Hume, and John Stuart Mill have all theorized that our human capacity of reason calls us to become the best that we can be by developing our “natural abilities.” This article explores the thesis that the development of our talents is not a moral duty to oneself and suggests that it may be avoided for other reasons than failures of rationality. In the face of the opportunity-costs associated with different life-goals, resistance to developing our powers may spring from an informed and perfectly rational choice in favor of an equally valuable alternative to talent development as a way of life. Thus, the arguments in this essay suggest that the predominant, rationalistic view in defense of a duty to develop one’s talents ignores a distinctively human capacity, namely, the capacity for reasoned moral choice. The paper argues, however, that we do well in viewing the development of one’s talents as worthwhile. In other words, it is correct to sustain that the individual would be acting in a morally deficient manner if she declined to develop her abilities for the wrong reasons even if no duty to self to avoid that course of action exists.


2020 ◽  
Vol 43 ◽  
Author(s):  
Dan Simon ◽  
Keith J. Holyoak

Abstract Cushman characterizes rationalization as the inverse of rational reasoning, but this distinction is psychologically questionable. Coherence-based reasoning highlights a subtler form of bidirectionality: By distorting task attributes to make one course of action appear superior to its rivals, a patina of rationality is bestowed on the choice. This mechanism drives choice and action, rather than just following in their wake.


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