scholarly journals TEISININKŲ ETIKOS VERTYBIŲ REALUMO IR MODELIAVIMO PROBLEMOS

Problemos ◽  
2013 ◽  
Vol 85 ◽  
pp. 79-90 ◽  
Author(s):  
Tomas Berkmanas ◽  
Edita Gruodytė

Išplitusio moralinio nihilizmo bei klasikinio moralinio realizmo problemų ir kritikos kontekste teisininkų etikos vertybių galimybė įgyti daugiau ar mažiau realų pavidalą bei įgauti priimtino modelio formą yra tapusi neapibrėžta. Kita vertus, akademinėje ir ypač profesinėje teisininkų bendruomenėje teisininko buvimo etišku reikšmė ir poreikis vis labiau akcentuojami. Analitiškai ir kritiškai aptarus tokį status quo šiame straipsnyje pristatoma alternatyvi teisininkų etikos vertybių realaus egzistavimo perspektyva, taip pat formuluojant teisininkų etikos modeliavimo gaires. Ši perspektyva remiasi subjektyviąja (arba mentalistine) ontologija ir pamatiniais moralinio proto principais: altruizmu ir teisingumo kaip proporcinės lygybės nuostata.Pagrindiniai žodžiai: teisininkų etika, teisininkų etikos modelis, mentalistinė teorija, moralinis nihilizmas, moralinis realizmas. Issues of the Reality of the Values and the Modeling of Legal EthicsTomas Berkmanas, Edita Gruodytė AbstractIn the context of the widespread moral nihilism, and the issues and critique of classical moral realism, the possibility for the values of legal ethics to acquire more or less discernible real contours and to take the shape of the acceptable model appears to be uncertain. On the other hand, in academic and, especially, professional legal community the significance and the need for the lawyer to follow ethical standards becomes more and more important. The paper, after analytically and critically lingering on this status quo, provides an alternative perspective of the real existence of the values of legal ethics thereby also indicating the guidelines for its modeling. The perspective is based on the subjective (or mentalist) ontology and the foundational principles of the moral mind: altruism and justice as proportional equality.Keywords: legal ethics, model of legal ethics, mentalist theory, moral nihilism, moral realism.

2016 ◽  
Author(s):  
Dawid Nowakowski

The paper presents the 16th-century dispute between scholastics and humanists over the proper shape of intellectual tradition. Each side, using the motto “vetus melius est”, accused the other of inexcusable innovation. The first group reveals strong unwillingness to any change and fed conviction that only maintaining of status quo will secure the Christianity. The second pointed to the poor memory of scholastics, who forgot the real ancient culture, and proclaimed that the change is not an innovation, but a restoration. In the end of the paper the author suggests an existence of possible relation between the humanist attitude toward tradition and the emergence of modern idea of progress.


2020 ◽  
Vol 1 (1) ◽  
pp. 67
Author(s):  
Rama Tulus Pilakoannu

Women today have advanced and developed in showing their existence in various lines of life. But on the other hand there are still many women who experience injustice. One aspect that causes this injus-tice is the patriaki culture system. Because it is necessary to explore various aspects of community life to show the real existence of women. Kaharingan religious ritual among the Dayak Maanyan com-munity is one phenomenon that deserves to be explored in relation to the existence of women in these rituals. Therefore it is necessary to question how women are in rituals. From there then this paper aims to identify the rituals in which there is a figure of a woman who plays an important role. The study was conducted with library research. Based on the data obtained shows that women are very important even the highest position in the ritual which in this case looks at the figure of Wadian. Wadian plays a role not only in relations with humans, but more than that in relationships with the divine. AbstrakKaum perempuan saat ini telah maju dan berkembang dalam menunjukkan eksistensinya di berbagai lini kehidupan. Namun pada sisi lain masih banyak juga kaum perempuan yang mengalami ketidak adilan. Salah satu aspek yang menyebabkan ketidakadilan itu adalah sistem budaya patriaki. Karena itu perlu mengeksplorasi berbagai sisi kehidupan masyarakat untuk menunjukkan eksistensi perem puan yang sesungguhnya. Ritual agama Kaharingan di kalangan masyarakat Dayak Maanyan salah satu fenomena yang patut untuk dieksplorasi terkait keberadaan perempuan dalam ritual-ritual tersebut. Karena itu perlu untuk mempertanyakan bagaimana keberadaan perempuan dalam ritual-ritual. Dari situ kemudian tulisan ini bertujuan untuk mengidentifikasi ritual-ritual yang didalamnya terdapat sosok perempuan yang memegang peranan penting. Penelitian dilakukan dengan penelitian pustaka. Berdasarkan data yang didapat menunjukkan bahwa perempuan berkedudukan sangat penting bahkan tertinggi dalam ritual yang dalam hal ini tampak pada sosok Wadian. Wadian berperan tidak hanya dalam hubungan dengan manusia, namun lebih daripada itu dalam hubungan dengan ilahi.


2015 ◽  
Vol 5 (1) ◽  
pp. 80
Author(s):  
Suhermanto Ja’far

<p>This paper highlights Iqbal’s epistemology which focuses on the question of metaphysic and ontology. To understand the absolute being, Iqbal starts from intuition about human beings’ ego engaged at reality of the absolute ego. Intuition can reveal the absolute reality or the real super ego. The real existence of reality is spiritual. The true reality, according to Iqbal, refers to the existence of God, man and nature. However, the real existence of reality is a manifestation of the absolute reality. It is an absolute being or an absolute ego. Intuition about self itself brings man to the intuition of ultimo reality. Iqbal’s epistemology of self (ego) is essentially talking about the philosophy of the human that focuses on self or ego. Self or ego is the starting point for Iqbal to relate between God and nature. Life in the universe, according to Iqbal, is a series of actions. All of these are for the benefit of mankind as a co-creator through the meaningful action. The meaningful action is a foundation of human existence in manifesting himself. Iqbal formulates this meaningful action as a manifestation of the way the human utilizes to face with the reality of the other. To Iqbal, meaningful action is charged with the ontological-religious content which emphasizes the fundamental spiritual aspect of Islam with the term ‘<em>amal</em> (noble conduct). To him, meaningful action will be always imprinted in people’s lives and only the meaningful action alone that can help people prepare themselves to face the destruction of their bodies.</p>


1970 ◽  
Vol 26 (1) ◽  
pp. 35-49
Author(s):  
Michał Chaberek

This paper focuses on one of the metaphysical problems for theistic evolution which is the problem of evolutionary transition from one specified substantial form to another. According to the evolutionary account, new substantial forms appear owing to accidental changes in previously existing substances. However, the accidental change may only lead to production of new accidents not entirely new distinct substantial forms. The solutions proposed by modern Thomists head in two directions: One is the reduction of the number of substantial forms (species); the other consists of diminishing substantial form altogether. Both proposals stray from classical metaphysics. The evolutionary account of the origin of species ultimately needs to challenge the real existence of species and leads to nominalism. As such it cannot be reconciled with classical metaphysics.


2018 ◽  
pp. 49-68 ◽  
Author(s):  
M. E. Mamonov

Our analysis documents that the existence of hidden “holes” in the capital of not yet failed banks - while creating intertemporal pressure on the actual level of capital - leads to changing of maturity of loans supplied rather than to contracting of their volume. Long-term loans decrease, whereas short-term loans rise - and, what is most remarkably, by approximately the same amounts. Standardly, the higher the maturity of loans the higher the credit risk and, thus, the more loan loss reserves (LLP) banks are forced to create, increasing the pressure on capital. Banks that already hide “holes” in the capital, but have not yet faced with license withdrawal, must possess strong incentives to shorten the maturity of supplied loans. On the one hand, it raises the turnovers of LLP and facilitates the flexibility of capital management; on the other hand, it allows increasing the speed of shifting of attracted deposits to loans to related parties in domestic or foreign jurisdictions. This enlarges the potential size of ex post revealed “hole” in the capital and, therefore, allows us to assume that not every loan might be viewed as a good for the economy: excessive short-term and insufficient long-term loans can produce the source for future losses.


Author(s):  
Edna Ullmann-Margalit

Some of the most difficult decisions in law and ordinary life are simplified by the use of some kind of presumption. Accused criminals are presumed to be innocent, and most of the time, legislative acts are presumed to be constitutional. And when people do not know what to do, they often adopt a presumption of some kind—for example, sticking with the status quo, or perhaps in favor of making a specific change. In countless domains, presumptions help people to extricate themselves from difficult situations. They can serve as a way of breaking an initial symmetrical situation by using a supposition not fully justified, yet not quite rash either—favoring one action over the other.


Author(s):  
Jenny Andersson

Alvin Toffler’s writings encapsulated many of the tensions of futurism: the way that futurology and futures studies oscillated between forms of utopianism and technocracy with global ambitions, and between new forms of activism, on the one hand, and emerging forms of consultancy and paid advice on the other. Paradoxically, in their desire to create new images of the future capable of providing exits from the status quo of the Cold War world, futurists reinvented the technologies of prediction that they had initially rejected, and put them at the basis of a new activity of futures advice. Consultancy was central to the field of futures studies from its inception. For futurists, consultancy was a form of militancy—a potentially world altering expertise that could bypass politics and also escaped the boring halls of academia.


2019 ◽  
Vol 56 (2) ◽  
pp. 171-194
Author(s):  
Shailendra Kumar Singh

The theme of nationalism in the works of Premchand, the pre-eminent Urdu–Hindi writer of the 1920s and 1930s, not only serves as an organising principle but also constitutes a protean and contentious field of study, which has resulted in conflicting interpretations. On the one hand, his nationalist narratives are categorically denounced for their apparent lack of radicalism, while on the other hand, they are unequivocally valorised for their so-called subversive content. Both these diametrically opposed schools of criticism, however, share a common lacuna, that is, both of them tend to conflate the writer’s nationalist narratives with his peasant discourse, thereby precluding the possibility of different themes yielding different interpretations. This article examines the theme of nationalism in Premchand’s works, in general, and the question of civil resistance in particular, in order to demonstrate how the writer’s politics of representation in his nationalist writings differs from the one that we find in his peasant narratives. It argues that as opposed to the authorial valorisation of the fictive peasant’s conformity to the exploitative status quo, civil resistance in Premchand’s nationalist narratives is not only necessary and desirable but also synonymous with dharma (moral duty) itself.


1999 ◽  
Vol 48 (2) ◽  
pp. 302-339 ◽  
Author(s):  
Gerry Maher ◽  
Barry J. Rodger

It is a well-known facet of litigation that the first step is often more important than any to follow. Virtually all legal systems bestow on litigants a variety of interim and provisional remedies. These remedies have a number of different functions and rationales but two in particular are thought to be fundamental.1 First, protective remedies provide a litigant with a degree of protection by ensuring that the status quo is preserved while the litigation is proceeding; second, these remedies secure the position of a litigant not only during the course of an action but also once it is over and he has judgment in his favour. This second function is usually achieved, in one way or another, by tying up and freezing the property of the other party to the action.2 However, protective remedies also serve other functions. Some remedies exist to promote the interest of a party in the advancement of his case (e.g. orders for disclosure of evidence), whereas others provide a litigant with part of the overall final remedy or judgment that he is seeking to gain from the action (e.g. interim payment or interim damages).


2007 ◽  
Vol 2007 ◽  
pp. 1-5 ◽  
Author(s):  
Chunsheng Ma

This paper is concerned with a class of stochastic processes or random fields with second-order increments, whose variograms have a particular form, among which stochastic processes having orthogonal increments on the real line form an important subclass. A natural issue, how big this subclass is, has not been explicitly addressed in the literature. As a solution, this paper characterizes a stochastic process having orthogonal increments on the real line in terms of its variogram or its construction. Our findings are a little bit surprising: this subclass is big in terms of the variogram, and on the other hand, it is relatively “small” according to a simple construction. In particular, every such process with Gaussian increments can be simply constructed from Brownian motion. Using the characterizations we obtain a series expansion of the stochastic process with orthogonal increments.


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