Retrospective rule-making has few supporters and many opponents. Defenders of retrospective laws generally do so on the basis that they are a necessary evil in specific or limited circumstances, for example to close tax loopholes, to deal with terrorists or to prosecute fallen tyrants. Yet the reality of retrospective rule making is far more widespread than this, and ranges from ’corrective’ legislation to ’interpretive regulations’ to judicial decision making. The search for a rational justification for retrospective rule-making necessitates a reconsideration (...) of the very nature of the rule of law and the kind of law that can rule, and will provide new insights into the nature of law and the parameters of societal order. This book examines the various ways in which laws may be seen as retrospective and analyses the problems in defining retrospectivity. In his analysis Dr Charles Sampford asserts that the definitive argument against retrospective rule-making is the expectation of individuals that, if their actions today are considered by a future court, the applicable law was discoverable at the time the action was performed. The book goes on to suggest that although the strength of this ’rule of law’ argument should prevail in general, exceptions are sometimes necessary, and that there may even be occasions when analysis of the rule of law may provide the foundation for the application of retrospective laws. (shrink)
. This book is informative, provocative, and encourages one to consider carefully how s/he chooses to live."—Erin McKenna, Utopian Studies "These four lives, researched and skillfully presented by historian Michael Bess, make fascinating ...
Since 1990, the multinational public accounting firms have all adopted flexible work arrangement policies. In part, the firms are doing this to fulfill an ethical obligation in creating an appropriate professional environment for their employees. This study examines the effect of participation in a flexible work arrangement program on an individual''s professional success and anticipated turnover as perceived by the participant''s peers and superiors. Subjects from one Big Five accounting firm read a description of a manager and answered a series (...) of questions about the likelihood of the manager''s promotion to partner, voluntary and involuntary turnover, and desirability on a job. Gender and participation in a flexible work arrangement were manipulated in a 2×2 design. The results indicate that participation in a flexible work arrangement evoked significantly more pessimistic predictions on all of the dimensions. Gender did not have an effect on the likelihood ratings. Follow-up questions about the factors that enhance and hinder individuals career success in each work scenario indicated that the perceived ability to "juggle" and the ability to "pull one''s weight" potentially affects evaluations of what it takes to be a successful professional in the financial services environment. Implications for professional and ethics practice and research are also presented. (shrink)
Flexible work arrangements (FWAs) are widely offered in public accounting as a tool to retain valued professional staff. Previous research has shown that participants in FWAs are perceived to be less likely to succeed in their careers in public accounting than individuals in public accounting who do not participate in FWAs (Cohen and Single, 2001). Research has also documented an increasing backlash against family–friendly policies in the workplace as placing unfair burdens on individuals without children. Building directly on a previous (...) study in this journal (Cohen and Single, 2001), this study addresses the issue of whether the documented perceptions toward FWA participants are the result of electing to take part in the FWA or the result of bias against employees with children. The research questions are addressed in a 3 × 2 experimental setting in which we manipulate FWA participation, along with family status and gender of a hypothetical manager in a public accounting firm. Our findings indicate that FWA participants are viewed as less likely to advance and as less committed than individuals without children or individuals who had children but who were not taking part in a FWA. Male FWA participants are viewed as less likely to succeed than female FWA participants. This effect appears to arise from a perception that FWA participants are willing to make sacrifices in their careers to accommodate family needs and thus may not be as committed to making the sacrifices perceived as necessary to meet the rigorous demands of the public accounting environment. This raises the ethical question of what could be done to change the culture in public accounting to foster a substantive support system for individuals who want to balance a family and a career. (shrink)
There can be no doubt that the Romans were very much influenced in their use of interstate arbitration by the Greeks. This statement can be made without affecting the question as to whether the actual principle of arbitration was known to them before their contact with the Greeks. Either the practice sprang up independently in Italy and Greece owing to similarity of conditions, or else it was part of the same stock of political and social ideas inherited by each race (...) alike from common ancestors. It would be improbable if two nations of such close relationship and such similar civilisation could not have inherited so natural an idea or developed it along similar lines, and indeed the very widespread practice of arbitration in private law at Rome has none of the signs of an imported idea. (shrink)
Vergil has a strong idea of personal fate. A certain fate becomes attached to a certain person and follows him all his life; then the fates are spoken of as the fates of that person. As a parallel one might quote the idea in Maeterlinck's essay ‘La Chance’ . For both Maeterlinck and Vergil men are marked out, one might almost call it annexed, by good or bad fortune; yet both authors refuse to endow this good or bad fortune with (...) personality: they deal with personal fates which yet lack personality. (shrink)
Did the Romans in their dealings with other nations outside Italy know of any international laws, and did such laws ever crystallise from scattered observances into a general system? This is an interesting question, but one not easy to answer.
Abstract There have been increasingly popular claims that hermeneutics provides an epistemology that is appropriate and sufficient for psychotherapy. The purpose of this paper is to evaluate and explain those claims. Hermeneutics proves to provide terms that legitimize aspects of clinical expertise that have been most ignored within the traditional empiricist epistemology; namely, hermeneutics articulates and provides standards for therapeutic interpretations about clients? idiosyncratic intentions and also for using clinical theories that defy empirical test. Nonetheless, hermeneutics also proves to be (...) limited in its account of clinical knowledge. That is, clinicians who advocate hermeneutics have ruled out any legitimate basis on which clinical expertise can be influenced by knowledge about non?intentional constraints on psychological life. Yet, therapists must use such knowledge, especially that which concerns the non?intentional constraints imposed by human development. Thus, to realize its potential, hermeneutics should be embedded within a more comprehensive epistemology that includes compatible standards for knowledge about development. Finally, this paper concludes by proposing an outline for such an inclusive approach to clinical knowledge. (shrink)
The strong weak truth table (sw) reducibility was suggested by Downey, Hirschfeldt, and LaForte as a measure of relative randomness, alternative to the Solovay reducibility. It also occurs naturally in proofs in classical computability theory as well as in the recent work of Soare, Nabutovsky, and Weinberger on applications of computability to differential geometry. We study the sw-degrees of c.e. reals and construct a c.e. real which has no random c.e. real (i.e., Ω number) sw-above it.
A necessidade de homens e mulheres de fé esclarecida e bem fundamentada na política tornou-se preponderante na contemporaneidade. Vive-se em um contexto em que muitos perderam a esperança e não acreditam mais na política. Na perspectiva cristã, a fé se traduz na prática do amor e é alimentada pela esperança. Não é possível sonhar com uma qualidade de vida melhor, em âmbito pessoal e coletivo, se não houver pessoas de fé na política, imbuídas dessa missão. O Movimento Nacional Fé e (...) Política – MF&P, criado em 1989, e constituído por grupos de pessoas atuantes em comunidades eclesiais, movimentos populares, partidos políticos, sindicatos e outros espaços de organização social, surgiu para promover estratégias em favor da justiça social e da dignidade humana. O trabalho é feito através da reflexão, da celebração, do aprofundamento e estudo, em grupos, seminários, retiros e encontros, tendo como lema principal, atualmente, a Cultura do Bem-Viver. O objetivo deste trabalho, a partir do material bibliográfico do MF&P e de outros pesquisadores, foi analisar o contexto do nascimento e o desenvolvimento do MF&P no Brasil. Para isso, identificou a produção editorial e o histórico dos encontros e seminários, das fases do movimento, chegando à época atual, quando, a partir de 2011, o movimento incluiu a Cultura do Bem-Viver como novo horizonte ético e político. A metodologia utilizada foi a revisão de literatura e análise do material publicado de forma impressa e também na forma digital, no site do movimento, e em publicações de membros que fazem parte do MF&P. Pode-se concluir que, através de sua história, das publicações e dos encontros regionais e nacionais, o movimento abriu perspectivas sobre novas formas de se fazer política, que contemplam e reforçam a atenção para com a ética, o cuidado, a dignidade e a justiça social. É um movimento dinâmico que contribui como um caminho para uma nova sociedade que possa usufruir de seus direitos fundamentais. (shrink)