Private liability without wrongdoing

Rights-based theories of private law tend to be wrongs based and defendant focused. But many private law wrongs do not seem like genuine wrongs, at least when the background distribution of resources is unjust. A very poor person, for example, may be held legally liable for breaching a one-sided contract with a very rich person. When such a contract reflects and reproduces existing injustice, it is hard to view the poor person’s breach of such a contract as a genuine wrong against the rich person. Conversely, some obvious moral wrongs do not generate legal liability. There is, for example, no private law duty of rescue in the absence of a prior relationship in many situations in which most would agree that there is a moral duty of rescue. Thus, private legal liability seems not to track moral wrongdoing in significant respects, raising the question what instead justifies such liability. Instead of justifying private liability in terms of the defendant’s wrongdoing, as corrective justice and civil recourse theorists do, we should seek a justification in terms of the plaintiff’s moral permission to enforce her apparent rights. Switching our gaze from the defendant’s wrongdoing to the plaintiff’s moral permission to enforce her rights will not be normatively consequential if the plaintiff’s moral permission arises when and only when the defendant has wronged her. But, I argue, background injustice can drive a wedge between genuine wrongdoing and the plaintiff’s moral permission. Thus, by reconceptualizing private liability in terms of a plaintiff’s moral permission to enforce her apparent rights, private law may be justified by the essential role it plays in constituting non-ideal political morality.

Internal processes in decision-making (mental, emotional, cultural, ethical and spiritual) of Afghan business leaders

Purpose The purpose of this paper is to understand, which internal processes (mental, emotional, cultural, ethical and spiritual) Afghan business leaders use when making managerial decisions. Design/methodology/approach Primary data were collected through 1-h face-to-face interviews with Afghan business leaders. Interviews were conducted through open-ended questions in a semi-structured format. This method was considered most appropriate to acquire an understanding of senior executives’ interpretation and usage of decision-making processes. The method of analyzing data was thematic analysis where the researchers identified common themes, topics, ideas and patterns of meaning that come up repetitively. The objective of the analysis was to determine the most frequent decision-making processes by business leaders and the reasons for using these processes. Findings Although the usage of internal processes in decision-making are not homogeneous among Afghan business leaders, some of the processes are used more frequently than others such as mental, cultural and ethical processes. During the mental process of decision-making, the majority of leaders use intuitional decision-making, the minority using logic. Regarding the cultural dimension, the majority of leaders stated that they have an open, friendly, caring organization for each employee and horizontal culture in their organization. The minority indicated that they have a friendly culture but they also considered the processes and hierarchy in their organization. Considering the ethical process of decision-making, leaders stated that their priorities are more ethical than getting extra profit. They believe that profit will be generated while considering ethical values. As a leader noted: when you consider ethics and fulfill your obligations, the profit automatically generates. Most leaders use the internal process of emotion in their decision-making, but the usage has not been frequent. The emotional process of decision-making is more involved when the human factor is involved. For instance, one of the participants stated “I did not fire an employee that I had to because he was a needy and poor person.” About the spiritual process of decision-making, although all leaders agreed that they have used spirituality in decision-making, its usage varies. About one-third of the leaders mostly rely on spirituality or on religious teachings during the decision-making process, one-third somehow rely on spirituality or religion, about 50% of the time and one-third rely on spirituality between 25% to 30% of the time. Originality/value This study is pilot research as no previous research was carried out on this topic, therefore, it provides a basis of literature on the usage of internal processes on decision-making in Afghanistan. The findings may differ in other economic and national contexts.

PUBLIC LAW STATUS OF AN EXTREMELY POOR PERSON – A REVIEW OF ADAM PLOSZKA’S DOCTORAL MONOGRAPHY

The main purpose of this article is to refer to the Author’s considerations presented in his doctoral monography entitled “Public law status of an extremely poor person”. First of all, the appropriateness of the research hypotheses and questions adopted by the Author will be analysed with particular emphasis attached to the validity of the conclusions drawn in the context of the current social and economic situation in Poland. The second part is dedicated to considerations of a „strictly content-related nature”: from the analysis of solutions to counteract poverty at the global level, through the regional (European) level, to the national (constitutional) level. At this stage, reference will also be made to the standard of protection of the rights of the extremely poor suggested by the Author. The next part will analyse the extent of the discrepancies between the ‘minimum standard’ of protection suggested by the Author and the factual and legal situation of the poor. Conclusions in this area will be particularly useful for law application practice.

13. Moore, letters 337–358

Dear Sir) Their is Edward Moor a poor person belonging to your Town his famally is in grate want and distress In so much that they have been Obligd to apply to me For relief diferant times and if you Cannot provide Something to their better support I shall be obligd to remove Them to your Town they have four small Childern and Herself Just at down leying and no work to be got ...

Ideology Behind Malay Gravestone Artifacts

This research considers gravestone artifacts in the environment of Malay cultural communities. The use of gravestones as cemetery markers is proof that the user communities have been subject to acculturation. The use of gravestones by Malays is a legacy of Middle East culture. Gravestones are often used in a certain way to indicate the religion of the deceased. Moslems’ gravestones are usually inscribed with Arabic calligraphy. Malay gravestone artifacts are decorated with flora carvings, geometric ornaments, and Arabic calligraphy. Most of them are now stored at National Museum of North Sumatera Province, Malaysian National Museum, and library archive at Indonesian National Library. This article uses qualitative descriptions that involve collecting data concerning artifacts through interview, observation and literature studies. Data analysis is conducted using John Fiske’s Semiotic Theory, which explains visual artifacts through social codes at the levels of reality, representation and ideology. After reviewing gravestone artifacts in the Malay community environments, this study identified a relationship between social aspects and spirituality. If the deceased is a poor person, the gravestone will be simple. When the deceased is a member of the nobility, a successful trader, or a government official, the gravestone can be ornate. Therefore, gravestones have various manifestations when considered with regards to their origins, shapes, and cultural ideologies. Keywords: gravestone, cemetery, Malay culture, ideology

THE IMPLEMENTATION OF FASTING FIDYAH ACCORDING TO IMAM SYAFI’I IN PAYA GELI VILLAGE OF SUNGGAL DISTRICT DELI SERDANG

But there’s a scripture deduction in Al- Baqarah (184) : Meaning : “And upon those who are able (to fast, but with hardship) a ransom ( as suitable) offeeding a poor person (each day).” This verse explained that Rukhsah was given byAllah for certain person. Study of fasting fidyah according to Imam Syafi”i are: (a)senile person cause Elderly; (b) a prolonged illness that can’t possibly cure, (c).Pregnant and nursing woman who are worried for their children. (d) died person andhave a fasting load that wasn’t on Qada in his lifetime.

“People Still Believe a Bicycle Is for a Poor Person”: Features of “Bicycles for Development” Organizations in Uganda and Perspectives of Practitioners

Bicycles have been hailed by the United Nations and nongovernmental organizations for use in social and economic development. However, there is a lacuna of research exploring the value of bicycles for development (BFD) outside of Europe and America. Specifically, there is a lack of research on the structure and perspectives of BFD organizations. This study draws on 19 semistructured interviews with BFD organizations in various regions of Uganda. We found that (a) BFD organizations exist along a spectrum from community-based to international, (b) the meanings ascribed to the bicycle are unstable and context dependent, and (c) that there were a range of ways that bicycles were seen to lead to positive outcomes—although barriers to attaining these outcomes were identified too. The authors conclude by suggesting that while bicycles are considered useful for a range of development purposes, perspectives on their usefulness vary—as inequalities commonly associated with sport for development are evident in the BFD movement too.

Communication Failure in A. P. Chekhov’s Poetics: Architectonic Factor (A Nightmare, Enemies, An Awkward Business)

Purpose. The article examines communication failure which is one of the major factor of Chekhov’s poetics. The problem of architectonics is based on dialogue principle in narrative and values unity. Results. A Nightmare is a story of social misunderstanding. A public character Kunin treats a country priest father Yakov as a hard-drinking person. He is highly snobbish and refuses to hear the poor priest. Finally, his revelation of someone’s else being, except his own, shakes him much. But his newly gained knowledge about social issues such as destitution is not deep. Later, Kunin calms down and ruminates over his lack of money to help father Yakov and the other poor person, the doctor. The author’s conclusion discredits his attempt to become a better person. Overall, the dialogue of positions is just quasi-communication. In his next work, Enemies, Chekhov’s poetic construction appears to be more complicated. Doctor Kirilov and Abogin, a rich man, both experience grief, but the reasons for their grief are entirely different. Doctor has lost his only little son an hour before, but Abogin compels him to save his wife. When they arrive to Abogin’s country-estate, it turns out that the woman has just run away with her lover. This farce provokes the doctor’s rage. He blames Abogin, saying that the rich man’s distress is empty and ridiculous. According to the author, the offended Kirilov can hardly be considered wrong. And once again, the author’s conclusion sums up the short story. An existential connotation manifests the communication breakdown. The third short story, An Awkward Business, is devoted to problem of total communication failure. The main character, doctor Ovchinnikov, is not heard at all. His business matter turns out to be a matter of further existence, but nobody wants to understand the essence of his trouble. Finally, his case is interpreted in a formal way and is not solved. The author simply lets things go on, standing outside the text. And this is the innovative feature of Chekov’s mature creative work. Conclusion. To sum up, in three Chekhov’s short stories communication failure is an important factor of poetics, which is developed in his later works.

Just End Poverty Now: The Case for a Global Minimum Income

Global GDP is more than 100 trillion dollars, yet 10 % of the world’s population still live in extreme poverty on less than $1.90 per day. No one should have to live like that: alleviating poverty is a minimal moral obligation implied by nearly every secular and religious moral system. Unfortunately, neither economic growth nor conventional international aid can be relied upon to fulfil this obligation. A global basic income programme that transferred $1 per day from the rich world to each poor person would eliminate extreme poverty directly and at negligible cost. It is the least we should do.

Low hanging fruit

Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings As the old saying goes, “before you judge a man, walk a mile in his shoes.” The meaning in clear – look at a problem from someone else’s perspective before you go blaming them – and there are fewer more apt scenarios then when a major project starts to go haywire. Immediately people go on the lookout for a scapegoat, and invariably it is the poor person who kickstarted the whole thing. Questions will be asked – why did they do this, why didn’t they do that, who hired that contractor to do the work – and before you know it the project has its sacrificial lamb before moving one. Originality/value The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.