t. 1. Problemy obshcheĭ teorii prava -- t. 2. Garantii prav lichnosti v ugolovnom sudoproizvodstve -- t. 3. Teorii︠a︡ sudebnykh dokazatelʹstv.

In Australia, since 2004, there has been a move to expand the range of models for legal practice. Lawyers may now incorporate a legal practice, which may have non-legal directors and shareholders. They may also enter into a partnership with a range of non-legal professional partners. This change is happening at the same time that legal practice culture is moving from a professional service model to a business-oriented model. Increased pressures have been thrown into the mix by the global financial (...) crisis and the downturn in the legal market. Inevitably, these changes have created new conflict problems. When a lawyer is responsible to both clients and shareholders, how can that conflict be resolved? What are the roles of non-legal directors or partners? What if they have ethical or legal duties which conflict with a lawyer?s duty to a client? When a corporate legal business is listed on the stock exchange, what pressure may that bring to bear on the business model of the legal practice? How can all of these issues be resolved in grim financial times? The author will examine all of these issues in light of Australian and international experiences with new lawyering patterns and the global financial crisis. (shrink)

The study ascertained (1) whether an observer's scope of justice with reference to either the moral agent or the target person of a moral act, would affect his/her judgements of the ethicality of the act, and (2) whether observer judgements of ethicality parallel the moral agent's decision processes in systematically evaluating the intensity of the moral issue. A scenario approach was used. Results affirmed both research questions. Discussions covered the implications of the findings for the underlying cognitive processes of moral (...) judgements, for the link between judgements of fairness and ethicality, as well as for the debate of ethical absolutism versus relativism. (shrink)

Among Plato's works, the Statesman is usually seen as transitional between the Republic and the Laws. This book argues that the dialogue deserves a special place of its own. Whereas Plato is usually thought of as defending unchanging knowledge, Dr Lane demonstrates how, by placing change at the heart of political affairs, Plato reconceives the link between knowledge and authority. The statesman is shown to master the timing of affairs of state, and to use this expertise in managing the conflict (...) of opposed civic factions. To this political argument corresponds a methodological approach which is seen to rely not only on the familiar method of 'division', but equally on the unfamiliar centrality of the use of 'example'. The demonstration that method and politics are interrelated transforms our understanding of the Statesman and its fellow dialogues. (shrink)

Although it is common in liberal and progressive circles to scoff at the idea that the Unites States is “exceptional”—a derision driven by an admirable suspicion of the chauvinistic connotations of the exceptionalist view—doing so obscures a significant reality. The United States is different, or at least rather unusual, in its social, cultural, and geo-strategic circumstances, especially when compared to the nations of Europe from which it draws the core of its intellectual traditions. What's more, the critique of American exceptionalism (...) has acquired its own troublesome politics. “It is extremely dangerous to encourage people to see themselves as exceptional, whatever…. (shrink)

Consider orthodox motivational judgment internalism: necessarily, A’s sincere moral judgment that he or she ought to φ motivates A to φ. Such principles fail because they cannot accommodate the amoralist, or one who renders moral judgments without any corresponding motivation. The orthodox alternative, externalism, posits only contingent relations between moral judgment and motivation. In response I first revive conceptual internalism by offering some modifications on the amoralist case to show that certain community-wide motivational failures are not conceptually possible. Second, I (...) introduce a theory of moral motivation that supplements the intuitive responses to different amoralist cases. According to moral judgment purposivism (MJP), in rough approximation, a purpose of moral judgments is to motivate corresponding behaviors such that a mental state without this purpose is not a moral judgment. MJP is consistent with conceptual desiderata, provides an illuminating analysis of amoralist cases, and offers a step forward in the internalist-externalist debates. (shrink)

The first comprehensive study of Nietzsche's earliest book, The Birth of Tragedy, this important volume by M. S. Silk and J. P. Stern examines the work in detail: its place in Nietzsche's philosophical career; its value as an account of ancient Greek culture; its place in the history of German ideas, and its value as a theory of tragedy and music. Presented in a fresh twenty-first-century series livery, and including a specially commissioned preface written by Lesley Chamberlain, illuminating its enduring (...) importance and relevance to philosophical enquiry, this accessible study has been revived for a new generation of readers. (shrink)

This is the first comprehensive study of Nietzsche's earliest (and extraordinary) book, The Birth of Tragedy (1872). When he wrote it, Nietzsche was a Greek scholar, a friend and champion of Wagner, and a philosopher in the making. His book has been very influential and widely read, but has always posed great difficulties for readers because of the particular way Nietzsche brings his ancient and modern interests together. The proper appreciation of such a work requires access to ideas that cross (...) the boundaries of conventional specialisms. This is now provided by M. S. Silk and J. P. Stern in their joint study of Nietzsche's book. They examine in detail its content, style and form; its strange genesis and hybrid status; its biographical background and the controversy engendered by its publication; its value as an account of ancient Greek culture and as a theory of tragedy and music; its relation to other theories of tragedy; and its place in the history of German ideas and in Nietzsche's own philosophical career. (shrink)

This introduction to the Journal of Business Research special issue on anti-consumption briefly defines and highlights the importance of anticonsumption research, provides an overview of the latest studies in the area, and suggests an agenda for future research on anti-consumption.

‘It is supposed’, declared the poet Wordsworth in 1802, ‘that by the act of writing in verse an author makes a formal engagement that he will gratify certain known habits of association; that he not only thus apprizes the reader that certain classes of ideas and expressions will be found in his book, but that others will be carefully excluded. This exponent or symbol held forth by metrical language must in different eras of literature have excited very different expectations.’ For (...) his own era of literature Wordsworth proposed a language derived from the ‘simple and unelaborated expressions’ of the ‘language really spoken by men’, at the expense of ‘devices to elevate the style’ and ‘what is usually called poetic diction’. (shrink)

‘It is supposed’, declared the poet Wordsworth in 1802, ‘that by the act of writing in verse an author makes a formal engagement that he will gratify certain known habits of association; that he not only thus apprizes the reader that certain classes of ideas and expressions will be found in his book, but that others will be carefully excluded. This exponent or symbol held forth by metrical language must in different eras of literature have excited very different expectations.’ For (...) his own era of literature Wordsworth proposed a language derived from the ‘simple and unelaborated expressions’ of the ‘language really spoken by men’, at the expense of ‘devices to elevate the style’ and ‘what is usually called poetic diction’. (shrink)

Abstract:The present paper focuses on the linkage between two academic paradigms in the enquiry into business ethics: normative philosophy and empirical social sciences. The paper first reviews existing research pertaining to a normative-empirical dialogue. Further empirical data on the relationship between various standards of morality are discussed in relation to the normative frameworks of ethics. Lastly, future directions for such a dialogue in business ethics are suggested.

All illness represents a state of diminished autonomy and therefore the doctor-patient relationship necessarily and justifiably involves a degree of medical paternalism argues the author, an American medical student. In a broad-ranging paper he discusses the concepts of autonomy and paternalism in the context of the doctor-patient relationship. Given the necessary diminution of autonomy which illness inflicts, a limited form of medical paternalism, aimed at restoring or maximising the patient's autonomy is entirely acceptable, and indeed fundamental to the relationship he (...) argues. However, the exercise of this paternalism should be flexible and related to the current 'level of autonomy' of the patient himself. An editorial in this issue comments briefly on this paper. (shrink)

This book offers a major reinterpretation of the `secularization' of medieval ideas by examining scholastic discussions on the nature of the common good. It challenges the view that the rediscovery of Aristotle was the primary catalyst for the emergence of a secular theory of the state. A detailed exposition of the content and the context of late scholastic political and ethical thought reveals that the roots of medieval 'secularization' were profoundly theological.

In the First Antinomy of The Critique of Pure Reason, Kant drew two conclusions from the argument he gives. First, Kant took his argument to show that the referent of the concept of ‘world’ does not exist as a thing in itself. For at B532 he says.

In the First Antinomy of The Critique of Pure Reason, Kant drew two conclusions from the argument he gives. First, Kant took his argument to show that the referent of the concept of ‘world’ does not exist as a thing in itself. For at B532 he says.

At the beginning of spiritual ascent, there are three main ways for a modern man: the direct path of lessons, the way to help someone, the information path. Now people should learn not to walk through troubles, direct lessons, when a person changes only directly by contacting the sources of suffering. Here he learns through the extreme options of lessons, the most difficult. On the first path, something becomes an event, and people must learn to celebrate events. This is the (...) way of rules, going from sign to sign. Everything along the way is work. One must learn to accept this. The gift itself is to learn how to work to make it easier to work. You can not count on other rewards. The rule here should be: "Thank you, that's over, but it can happen again.". (shrink)

Spirituality is now a much talked about subject. All over the world, after a long reign of heavy and soul- stifling materialism, people are seeking for a higher meaning in work and life, beyond the mundane and material aims. So religion and spirituality are coming back with the message of hope and peace. Business, which is a leading institution of our age and employs a large chunk of humanity, cannot escape from this new worldwide trend. Thus, the meeting of business (...) and spirituality is already happening. This article examines the evolutionary significance of this meeting in the light of Sri Aurobindo's spiritual vision. (shrink)