The Second-Person Standpoint and the Law

2010 ◽  
Author(s):  
Robin Bradley Kar
Keyword(s):  
Second Person ◽  
The Law

scholarly journals Kant and the Second Person

2021 ◽  
pp. 1-20
Author(s):  
JANIS DAVID SCHAAB
Keyword(s):  
Moral Theory ◽  
Moral Obligations ◽  
Personal Account ◽  
Second Person ◽  
Scant Attention ◽  
Fresh Perspective ◽  
The Law ◽  
The Relationship

Abstract According to Stephen Darwall's second-personal account, moral obligations constitutively involve relations of authority and accountability between persons. Darwall takes this account to lend support to Immanuel Kant's moral theory. Critics object that the second-personal account abandons central tenets of Kant's system. I respond to the three main challenges that critics offer by showing that they rest on misunderstandings of the second-personal account. Properly understood, this account is not only congenial to Kant's moral theory, but also illuminates aspects of that theory which have hitherto received scant attention. In particular, it motivates a fresh perspective on the relationship between respect, persons, and the law.

7. Consecutive and Concurrent Interests in Land

2019 ◽  
pp. 217-239
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Land Law ◽  
Second Person ◽  
Third Person ◽  
English Law ◽  
The Law ◽  
Ownership Of Land ◽  
Trust Of Land

According to the doctrine of estates, which provides the theoretical underpinnings of modern Land Law in England, a number of estates could exist simultaneously with regard to the same piece of land. Land could be settled upon one person for life, the remainder to a second person in fee tail, and the remainder to a third person in fee simple. The interests of the second and third persons are called future interests, which are considered consecutive interests in the land. In addition to consecutive interests, one can also have concurrent interests in the land. This chapter discusses the methods by which English law accommodates both consecutive and concurrent interests in the land. It also considers the law relating to co-ownership of land, the powers of the tenant for life, the structure of settlements, sale of trust, trust of land, the rights of beneficiaries, and overreaching.

8. Consecutive and Concurrent Interests in Land

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Land Law ◽  
Second Person ◽  
Third Person ◽  
English Law ◽  
The Law ◽  
Ownership Of Land ◽  
Trust Of Land

According to the doctrine of estates, which provides the theoretical underpinnings of modern Land Law in England, a number of estates could exist simultaneously with regard to the same piece of land. Land could be settled upon one person for life, the remainder to a second person in fee tail, and the remainder to a third person in fee simple. The interests of the second and third persons are called future interests, which are considered consecutive interests in the land. In addition to consecutive interests, one can also have concurrent interests in the land. This chapter discusses the methods by which English law accommodates both consecutive and concurrent interests in the land. It also considers the law relating to co-ownership of land, the powers of the tenant for life, the structure of settlements, sale of trust, trust of land, the rights of beneficiaries, and overreaching.

REGULATORY ACTS LANGUAGE AND STYLE AS A LEGAL TECHNIQUE ELEMENT

2018 ◽  
pp. 23-34
Author(s):  
O.V. Belyanskaya
Keyword(s):  
Modern Society ◽  
Legal Culture ◽  
Legal Regulation ◽  
Point Of View ◽  
Practical Significance ◽  
Second Person ◽  
Language Functioning ◽  
Proper Nouns ◽  
The Will ◽  
The Law

The aim of the research is to determine the features of the language style of the regulatory act, which should be subject to the law of formal logic and general requirements of the legal technique. The creation of a unified system of the law language, which would successfully function in lawmaking, is a long and controversial process. But today there is an obvious need to create such a system for effective legal regulation, to improve the legal culture of modern society, to simplify the process of law interpretation. It is proved that the raised problem should be solved in line with two sciences: linguistics and jurisprudence. The practical significance of our conclusions we express in establishing relationships between linguists, who consider this problem from the point of view of language functioning in society, and lawyers, who test the latest linguistic developments in practice, which will contribute to the optimal and prompt resolution of the problem of creating a unified system of the law language with clearly defined rules and requirements. Conclusions: the style of the regulatory act is a set of certain stamps, clichés, clear, unambiguous concepts, a set of certain rules and requirements that ensure the effectiveness of legal regulation. The style of regulations comes from compliance with the following basic requirements: 1) impersonality of the statement, that is, in the text of the regulatory act are not used personal pronouns of the first and second person, proper nouns that could point to the author of the bill; 2) the logical presentation – the legal material requires a correct and logical presentation; 3) the compactness of the presentation – the material in the regulatory act should be presented clearly, without unnecessary reasoning and deviations; 4) clarity, that is, the regulatory material must be clearly perceived by the absolute majority of people, so in the texts of regulatory acts it is impossible to use the means of artistic expression; 5) evaluation, that is, the will of the legislator is expressed in the affirmative or negative terms regarding to a certain model of behavior.

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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