Foundation For Judgments Research Articles

MORAL IDENTITY AND THE LEADER’S RESPONSE

The subjective lens through which each person sees the world, attitudes about the obligations given to others, and the situational context in which ethical decisions are made all contribute to the definition of morality, which is a personal standard of good and wrong. The subjective lens is a result of each person's life experiences, underlying assumptions, and personal values; it serves as the foundation for judgments’ about other people's behavior, their reliability, and the extent to which others are viewed as ethical or unethical. Keywords: Moral Identity, Leader’s Response, Judgments, People's behavior, Self-Defining, Ethical Response, Mixed Reaction.

상계항변과 기판력

Article 216 of the Civil Procedure Act stipulates that in paragragh 1, a final judgement has res judicata only if it is included in the order. Even if the judgement is confirmed, if the judgement in the grounds of judgement is not binding, the dispute may be reproduced and the judgements in the grounds of judgement may be contradictory, so it is a question of whether to recognize the res judicata in the grounds of judgement. On the other hand, as an exception, the determinatioin of whether or not a claim claiming offset in paragragh 2 is established is determined to have res judicata only for the amount opposed to offset. The purpose of acknowledging the res judicata in the court’s judgement on the offset claim is that if the res judicata is not recognized, the dispute over the existence of the plaintiff’s claim will be transformed into a dispute over the existence of the counterclaim filed in another lawsuit, preventing the counterclaim from double exercising the counterclaim. Therefore, in order to understand the legal principles according to the purpose in detail, this paper examined the res judicata power of the countervailing defense. First, the requirements for recognizing res judicata will be divided into automatic bonds and passive bonds. In the former, we will examine whether the court's practical judgement on automatic bonds is necessary, whether the precedent (suspension condition theory) that the judicial effect of the countervailing defense is appropriate, and whether the expression of intention to set off, which is the originally effective time, reaches the other party (revocation condition theory). In the latter case, the existence of passive bonds and whether the passive claims are claims judged as litigation items (or equivalent thereto) are problematic. And, in the case where the defendant makes a defense of set-off, we will review whether it is lawful for the plaintiff to submit a set-off (namely, litigation set-off and non-litigation set-off) as a re-defense. This will be considered in consideration of not only the substantive legal aspect that passive claims must exist, but also the litigation policy aspect of maintaining the stability of the litigation process and eliminating complexity. In addition, we examine the objective scope of the substrate power recognized in countervailing defense, especially if the automatic bond exceeds the passive bond amount, and if the court recognizes only a part of the claim (manual) bond amount, some of the multiple automatic bonds are recognized and some are not recognized. Furthermore, we will look at the positive and negative theories on whether res judicata are recognized in countervailing disputes other than litigation.

METODOLOGI PENGHAKIMAN DAN PENULISAN TEKS ALASAN PENGHAKIMAN HAKIM SYARIE MELALUI PENDEKATAN ARAHAN AMALAN MAHKAMAH SYARIAH DI MALAYSIA The Methodology of Judgment and Grounds of Judgment`s Text Writing by Syariah Judges According to Syariah Court Practice Directions Approach in Malaysia

The judgment and the grounds of judgment’s text writing by Syariah Judges are important aspects of justice in the Syariah Courts’ proceedings. The purpose of this research paper is to observe the methodology of judgment and grounds of judgment’s text writing by Syariah Judges according to Syariah Court’s Practice Directions. The research method applied in this paper is based on qualitative approach. This study has revealed that there are some approaches in Syariah Court’s Practice Directions that need to be referred by the Syariah Judges in preparing judgments and in the grounds of judgment’s text writing. Department of Syariah Judiciary Malaysia has taken the initiative to explain and conduct training about the application of Syariah Court’s Practice Directions participated by all Syariah Officers including Syariah Judges throughout Malaysia. Therefore, the Syariah Judges can comply with the implementation of this matter accordingly. Educating the Syariah Judges about such a matter constantly may improve the skills and enhance the competency of Syariah Judges.

Code-Switching and Code-Mixing in the Practice of Judgement Writing in Malaysia

This study explores the use of code-switching and code-mixing in the practice of writing the grounds of judgement in the Malaysian Judicial System. As these grounds of judgement are official documents published for the public interest, a lack of lexical accuracies for the important terms and phrases may lead to poor linguistic representation of the legal text. Thus, thirty-two samples of grounds of judgement written in the national language from 2015 to 2021 were extracted from The Current Law Journal and analysed according to Appel and Muysken and Malik’s theories on code-switching and code-mixing in terms of the frequency used in the legal text. Findings revealed extensive use of intra-over inter-sentential code-switching in the form of insertion, alternation, and congruent lexicalisation of code-mixing. These were driven by the absence of specific legal terms in the national language, the lack of registral competence among the writers as well as the functions of the legal terms to serve the pragmatic contexts of the text, emphasise a point or highlight the semantic significance of the terms, and reflect the identity of the writers. The present study shows limited linguistic corpus on legal terms in the national language; therefore, language experts should intensify their efforts to expand the corpus and increase awareness of the terms through language courses for legal practitioners.

Implementation of Clinical Practice in Adult Nursing (Chronic Care) During the COVID-19 Pandemic: Report on the Development and Implementation of a Training Program for Clinical Shadowing

Before the outbreak of COVID-19, "Clinical Practice in Adult Nursing (Chronic Care)", a professional course to acquire basic nursing practice skills for the care of adult patients with chronic diseases, was conducted on site in the wards of internal medicine, outpatient departments, and the admissions support office for a total of three weeks. Due to the spread of the COVID-19 epidemic, however, clinical practice was carried out online from May 2020, and was resumed on site at our university hospital in October 2020. A restriction was placed on the length of time spent at the hospital for on-site training, referring to the training standards based on our university's new coronavirus response manual, and a training program was developed for hospital ward training, consisting mainly of shadowing practice performed without speaking or coming into contact with patients. In principle, two students were assigned to one patient: one in the morning and the other in the afternoon. In addition, for practicing the acquisition of patient information through conversation and the provision of nursing assistance, the perspectives used in the process of shadowing were clearly defined so that students could maintain active attitudes in clinical practice, and support was provided so that students could have the experience of engaging with patients, using nurses as mediators. In the results, the students evaluated the contents of the prepared assistance based on their own nursing plan in reference to the practice of the nurse as a mediator, and compared that with the assistance practiced by the nurse based on clinical judgment, which contributed to acquiring practical learning supported by the grounds for clinical judgment. However, the students could not experience the process of building supportive relationships and the implementation of nursing skills, which remained an issue.

Against Futility Judgments for Patients with Prolonged Disorders of Consciousness

Against Futility Judgments for Patients with Prolonged Disorders of Consciousness

Using computerised comparative judgement to assess translation

Abstract Translation assessment represents a productive line of research in Translation Studies. An array of methods has been trialled to assess translation quality, ranging from intuitive assessment to error analysis and from rubric scoring to item-based assessment. In this article, we introduce a lesser-known approach to translation assessment called comparative judgement. Rooted in psychophysical analysis, comparative judgement grounds itself on the assumption that humans tend to be more accurate in making relative judgements than in making absolute judgements. We conducted an experiment, as both a methodological exploration and a feasibility investigation, in which novice and experienced judges were recruited to assess English-Chinese translation, using a computerised comparative judgement platform. The collected data were analysed to shed light on the validity and reliability of assessment results and the judges’ perceptions. Our analysis shows that (1) overall, comparative judgement produced valid measures and facilitated judgement reliability, although such results seemed to be affected by translation directionality and judges’ experience, and (2) the judges were generally confident about their decisions, despite some emergent factors undermining the validity of their decision making. Finally, we discuss the use of comparative judgement as a possible method in translation assessment and its implications for future practice and research.

The Prussian, the Hawk, and the "Revealed Essay"

It is commonly believed that Neo-Kantian moral theory is necessarily hostile to enlightened environmentalism. My argument: Kantians can acknowledge our obligations toward nature once they recognize the value that the aesthetics of the natural world have as a proving ground for moral judgment. Treating this as an empirical claim, I supplement it with Maurice Mendelbaum’s notion of “fittingness” and test it via appeal to a specific case study provided by the phenomenological expertise of the twentieth century nature writer Loren Eiseley. What emerges is a (very) broadly Kantian defense of ecologically responsible action which does not presuppose the intrinsic moral value of non-human nature.

A Study on the Intellectual Property Rights in the New Media Era and Art Education

이 연구는 뉴미디어 시대의 미술작품과 관련한 거래 및 보호의 영역과 디지털 문화콘텐츠와 관련한 지식재산권의 범위 등을 살펴보고, 디지털 미술작품의 창작, 복제, 공표, 전시, 소유 등의 개념을 지식재산권의 관점에서 제언하고자 한다. 디지털 미디어 사용과 관련한 지식재산권은 복제권과 전시권, 2차적 저작물 작성권인데 이는 원저작물을 이용하여 번역, 편곡, 변형, 각색, 영상 제작 그 밖의 방법으로 2차 저작물을 작성할 권리이다. 디지털 미디어의 창작 도구와 인터넷의 확산으로 2차적 저작물의 창작이 급증하고 누구나 문화콘텐츠의 생산자이자 소비자가 되고 있다. 2차적 저작물 작성에 대한 원저작자의 배타적 권리가 미치는 것에 대한 적절성, 창작의 자유의 폭넓은 인정을 위한 정책적 방안이 고려되고 있으나 창작성의 판단 여부는 더욱 복잡해지고 있다. 미술교육에서 지식재산권의 이해는 단순히 창작성의 보호나 예술가의 권리에 대한 보호만을 위한 것이라기보다는 학생들의 올바른 미술의 향유와 저작권에 관한 사회적 이해 수준을 높이기 위한 목적을 포함하고 있다. 미술 교육에서 지식재산권에 관한 이해가 선행되어야 하는 이유는 급속한 디지털 미디어 환경의 변화 속에서 올바른 방식의 미술적 차용과 향유, 소유를 도울 수 있기 때문이며 미술의 다양성을 이해하는 것에 가치 판단의 근거를 제공하고, 미술 창작자로 성장할 수 있는 기초를 마련할 수 있다.In the new media society, expansion of scope of property rights is accelerating in variety of areas including intellectual property rights. Intellectual property rights such as copyrights, patents, trade marks and so on offer the legal protection upon which authors, inventors, firms, researchers and others rely to protect their creations. Intellectual property rights dictate what use can legally be made of the creative work, and so are essential to ensuring that authors are rewarded for their efforts. The intellectual property rights should be dealt with in the new media examined. In particular, since intellectual property rights inherently are created or amended from time to time by legislation with a development of certain society, legal protection for products resulted from human mental activities has been becoming stronger than before. If creators and students do not understand how to protect tangible Intellectual property rights or how protection of intangible adaptation rights can be lost through digital media, then such creators and students may suffer detrimental harm. The reason that the areas related to intellectual property rights should be dealt with in the art education is because it provides the grounds for value judgment for the learners to understand and participate in the new media.

Cross-sectional survey of surrogate decision-making in Japanese medical practice

BackgroundInstances of surrogate decision-making are expected to increase with the rise in hospitalised older adults in Japan. Few large-scale studies have comprehensively examined the entire surrogate decision-making process. This study aimed to gather information to assess the current state of surrogate decision-making in Japan.MethodsA cross-sectional survey was conducted using online questionnaires. A total of 1000 surrogate decision-makers responded to the questionnaire. We examined the characteristics of surrogate decision-makers and patients, content of surrogate decision-making meeting regarding life-sustaining treatment between the doctors and surrogate decision-makers, extent of involvement of the various parties in the surrogate decision-making process, judgement grounds for surrogate decision-making, and frequency of involvement in the surrogate decision-making process.ResultsOf the participants, 70.5% were male and 48.3% were eldest sons. Only 7.6% of the patients had left a written record of their preferences and 48.8% of the surrogates reported no knowledge of the patient having expressed their prior intentions regarding medical care in any form. Respondents indicated that their family meetings with healthcare professionals mostly included the information recommended by guidelines in a surrogate decision-making meeting in Japan. Most participants reported a good understanding of the meeting content. Although many participants based their decisions on multiple grounds, surrogates’ considerations may not adequately reflect respect for patient autonomy in Japan. Specifically, the eldest son considered his own preference more frequently than that of the other surrogate decision-makers. In 26.1% of the cases, either zero or one family meeting with healthcare professionals was held. In these cases, significantly fewer decisions involved the participation of healthcare professionals other than the doctor compared to cases with multiple meetings.ConclusionsSurrogate decisions in Japan are most commonly made by eldest sons and may not frequently consider the perspectives of other surrogates. The finding that patient preferences were rarely known suggests a role for increased advance care planning.

Perspectives on de se immunity

Concept-individuating reference rules offer a well-known route for the explanation of immunity to error through misidentification in judgments involving first person or de se thought. However, the ‘outright’ version of this account—one that sanctions a one-to-one correspondence between the reference-fixing rule and immunity—cannot do justice to the unassailable ground-relativity of the target phenomenon. In this paper, I outline a version of the reference-rule account that circumvents this problem. I state a reference rule for the de se concept that makes space for different non-reference-fixing ways of thinking or perspectives, yielding different grounds for judgment. The proposal and its ramifications, I argue, shed light on the variety of ways in which this kind of immunity has been proved to be present—and indeed absent—in de se thought.

Grounds for surrogate decision-making in Japanese clinical practice: a qualitative survey

BackgroundIn the coming years, surrogate decision-making is expected to become highly prevalent in Japanese clinical practice. Further, there has been a recent increase in activities promoting advance care planning, which potentially affects the manner in which judgements are made by surrogate decision-makers. This study aims to clarify the grounds on which surrogate decision-makers in Japan base their judgements.MethodsIn this qualitative study, semi-structured interviews were conducted to examine the judgement grounds in surrogate decision-making for critical life-sustaining treatment choices in acute care hospitals.ResultsA total of 228 participants satisfied the inclusion criteria, and 15 were selected for interviews. We qualitatively analysed the content of 14 interview transcripts, excluding one that did not meet the inclusion criteria. Based on this analysis, we extracted 4 core categories, 17 categories, 35 subcategories, and 55 codes regarding judgement grounds in surrogate decision-making. The four core categories were as follows: patient preference-oriented factor (Type 1), patient interest-oriented factor (Type 2), family preference-oriented factor (Type 3), and balanced patient/family preference-oriented factor (Type 4). The Type 4 core category represented attempts to balance the preferences of the patient with those of the surrogate decision-maker.ConclusionsSurrogate decision-makers based their decisions on important aspects related to a patient’s life, and they considered not only the patient’s preferences and best interests but also their own preferences. As the need for surrogate decisions will increase in the future, decision-makers will need to consider judgement grounds from a more diverse perspective.

Żydowski samorząd ziemski w Koronie (XVII–XVIII wiek). Źródła. Wprowadzenie i opracowanie Adam Kaźmierczyk, Przemysław Zarubin. Kraków: Księgarnia Akademicka, 2019, stron 679

Jewish Territorial Self-Government in the Crown in the Seventeenth and Eighteenth Centuries. Introduction and edition Adam Kaźmierczyk, Przemysław Zarubin. Kraków: Księgarnia Akademicka, 2019, 679 Pages The note presents the structure of the volume, including the method of summarizing documents in the form of a short abstract and a more extensive register –in English and Polish. Attention was also paid to the research value of sources concerning the Jewish self-government in the Polish-Lithuanian Commonwealth in the seventeenth and eighteenth centuries. The volume provides valuable material for research in the field of the history of law, for example the legal grounds for judgments.

Breaking billboards: protest and a politics of play

Political protests involving clashes with police are often delegitimized by governments for using “uncivil” and “violent” means. Drawing on a creative video clip (“Breaking Billboards”) made by a group of Gezi protestors, this paper theorizes an alternative response, which refuses the dichotomy between peaceful and violent struggles and instead seeks to transform the field of judgement. The protestors in the clip, by echoing a verse originally written by poet Cemal Sureya, reconstruct destructive activity – breaking billboards – playfully and detached from its presumed ends. Placing their performances in conversation with Giorgio Agamben’s theory of mediality – means without end – I argue that the clip reconstructs political action in play-form, corroding the significance of the means-ends relationship. In doing so, it frustrates the usual grounds of judgement within which the meaning and value of protest activities are arbitrated.

Organ Donation in the Context of Brain Death in Muslim Countries: Bioethical Positions

One of the miracles of modern medicine for patients with end stage organ failure is organ transplantation. The Organ Procurement and Transplantation Network (OPTN) defines organ donation as giving an organ, tissue, cells, or part of an organ from a living or deceased person (i.e., the donor) to a living person in need (i.e., the recipient). In the last two decades, the number of organ transplants has gradually increased; however, the demand for organ transplantation exceeds the number of available donors. Organs from brain dead donors have been suggested as an alternative option for increasing donation rates when living donors are not available. This article explores the debate surrounding brain death organ donation in Muslim countries. Because organ transplantation is based on Ijtihad, Muslim jurists have no clear-cut text in the Holy Quran or Sunna to use as a foundation for judgment. This has made organ transplants an issue among Muslim scholars and researchers, splitting them into two opinion groups, with one side seeing organ transplantation as legal and the other believing it to be illegal. However, all individuals have the right to choose whether they want to help others by sacrificing parts of themselves and donating their organs. Autonomy, justice, and beneficence must be employed in organ transplantation decision-making.

МЕТОДИКА ОЦІНЮВАННЯ ЯКІСНИХ ПАРАМЕТРІВ ВІЙСЬКОВО-УПРАВЛІНСЬКОЇ ДІЯЛЬНОСТІ ОФІЦЕРІВ ОПЕРАТИВНОГО РІВНЯ

The problem of the efficiency of military management evaluation has been solved for a long time exclusively through the degree of achievement of the military goal.That is why the achievement of the military goal at any cost practice has existed that as a usual thing was attended by numerous loss of life. The demand for expansion of managerial effectiveness estimation criteria through evaluation of military management qualitative parameters arises.The expediency arguments of management qualitative parameters evaluation by the expert judgment method is listed in the article.A version of military-administrative activity of the National Guard of Ukraine officer’s qualitative parameter evaluation methods at the tactical level are offered on the grounds of theoretical analysis and practical experience.Qualitative parameters are:DS is data support, IC is information collation, STD is simulation and taking decisions, PL is professionalism and preparedness of the leaders, CS is communications system, ME is management effectiveness.Each of the parameters characterizes the complexity of certain highlights. Their composition can be changed by the researcher in compliance with the particularity of law protection activity. Conformity of the actual performance indicator to normative one is evaluated by the points from 1 to 5. There are 5 such significations at the parameter. So, the maximum number of points for each parameter is 25 points. The maximum amount of points of complex quantitative indices of effectiveness can reach 150 points. The level that is lower than 100 points is low. The intermediate levels are symbolically divided into satisfactory – from100 to 120, good – from 121 to 140 and excellent – from 141 to 150 points.The suggested variant of the methods provides a sufficient level of the objectivity of management quality evaluation on the grounds of expert judgment of achieved management results complex adjusted for achieved quality significations of management activity.

A Critical Review of the Local Extinction Discourse

마스다 보고서는 ‘소멸’이라는 이미지를 통해서 일본사회에 인구문제와 지방문제에 대한 큰 관심을 불러일으켰다. 지방소멸론은 한국사회에서도 지방소멸에 대한 담론은 학계와 언론으로부터 많은 주목을 받고 있다. 지방에서 젊은층 유출과 고령화가 이어지면서 지방의 유지를 위한 최소한의 인구가 위협을 받고 있는 상황이 현실화되고 있기 때문이다. 지방소멸에 대한 논의는 우리사회의 저출산·고령화 문제를 공론화하였다는 점에서 중요한 의의가 있다. 특히 소멸이라는 강렬한 이미지는 지자체가 생존 자체를 위한 적극적 움직임으로 나서는 계기가 되었다. 그러나 기존 연구들은 지방소멸위험지수를 무비판적으로 사용하면서 소멸 위기의식을 부추기는 결과를 가져오고 있다. 지방소멸위험지수가 지닌 문제점으로 소멸위험지수가 지니고 있는 가임여성의 ‘대체 출산 가정’은 초저출산 상황이 지속되고 있다는 점에서 적절하지 않다는 점을 지적할 수 있다. 지방소멸위험 지수의 값이 0.5 이하일 경우 지역이 사라질 위험이 크다는 주장도 판단 근거가 부족하다. 인구의 수만 가지고 지방소멸을 논의하는 것은 적절치 않다는 지적과 지방소멸 위기의식에 과도하게 사로잡히는 것을 경계해야 한다는 지적도 주목할 필요가 있다.The Masuda report, through its image of ‘extinction,’ has generated great interest in Japanese society in terms of population and regional issues. Even in Korean society, the discourse on local extinction has drawn much attention from academics and the media. This is because the outflow of young people from rural areas and the population aging are threatening the minimum number of people to maintain the provinces. Discussions on local extinction are significant in that they have made public the issue of low birth rate and aging society. In particular, the strong image of extinction has served as an occasion for local governments to take active steps toward survival itself. However, many studies have led to the indiscriminate use of the local extinction risk index, encouraging a sense of extinction crisis. The problem with the index is that the replacement fertility assumption of fertile women is not appropriate in that the situation of lowest-low birthrates continues. There is also a lack of grounds for judgment on the claim that if the value of the risk index for local extinction is below 0.5, there is a high risk that the area will disappear. It is also worth noting that it is not appropriate to discuss local extinction risk with only the population, and that we should be cautious of being overly obsessed with the sense of crisis of local extinction.

The capacity to know and perception

The capacity to know and perception

Polish civil procedure: yesterday, today nad tomorrow-Some remarks about recent changes of procedural law in poland

Polish civil procedural law is still the subject of numerous legislative changes. Only in recent years the Code of Civil Procedure has been amended over 30 times. These changes resulted from various reasons. Firstly, from the need of implementation of EU procedural law. Secondly, they were the result of the introduction of provisions aimed at adapting the code to modern technologies. Thirdly, changes aimed at speeding up the hearing of a civil case and at introducing some instruments to strengthen the protection of public interest in judicial proceedings. This article focuses on three selected examples and presents the discussion of the disputable issues that they have already arisen. Firstly, the topic of electronic process activities. It presents electronic pleadings, electronic delivery in trial, electronic judicial protocol and the possibility of presenting grounds of judgment in electronic form. Secondly, the new institution of a judgement rendered at closed session (in camera) was discussed. Thirdly, the article describes a new extraordinary complaint against final judgement, which can challenge any !nal judgment of a common court as a result of a prosecutor’s or other public-interest entity’s initiative.

Universality without consensus: Jean-François Lyotard on politics in postmodernity

Lyotard’s diagnosis of a ‘postmodern condition’ has been repeatedly interpreted as a disavowal of the universal aspiration of political action and judgment. This article challenges this interpretation by showing that postmodernity involves an attempt to reconsider universality in such a way that it involves dissensus rather than consensus. I proceed by reconstructing Lyotard’s critique of the idea of consensus as a ground of political action and judgment, which in his view is based on a certain model of production of scientific knowledge. Then, I analyse Lyotard’s turn to Kant’s judgment of the sublime as an alternative to a consensus-based conception of universal judgments. In the judgment of the sublime, universality stems from the disagreement between the faculties, which arouses respect for universal ideas. Analogously, political judgments stem from the disagreement between heterogeneous discourses, which produces a universal call to invent new languages that make communication possible.