Personal Self-determination Research Articles

“The right to die”? On voluntary retirement and related obligations of the state. A study based on the law enforcement practice of the Highest Courts of Germany and the ECHR

The article examines the problems of the “right to death” – a constitutional and legal guarantee that recognizes the right of a person to end his own life at his discretion. This issue was initially considered as a downside, a kind of negative dimension of the right to life (Part 2 of Article 2 of the Basic Law of Germany). However, the focus has changed over time; the discussion is currently being conducted in the context of the right to personal self-determination. Within the framework of this article, the analysis is carried out on the basis of the law enforcement practice of the highest courts of Germany and the European Court of Human Rights. The point of contact of the German courts can be considered the recognition of the right to voluntary retirement as an act of individual self-expression, the realization of personal choice. The legal structure of the right to personal self-determination presupposes the establishment of a close connection between the right to general freedom of action (Part 1 of Article 2 of the Basic Law of the Federal Republic of Germany) and the guarantee of human dignity in accordance with Part 1 of Article 1 of the Basic Law of the Federal Republic of Germany. At the same time, the counterargument is not considered convincing, according to which the recognition of the “right to death” entails the impossibility of further personal self-realization and therefore contradicts the “life-affirming” spirit of the Basic Law, expressed, in particular, in part 2 of Article 2, since the very realization of the desire to end life is considered as an act of self-realization, which falls under constitutional protection. This constitutional and legal concept, developed by the Constitutional Court of the Federal Republic of Germany, is shared by the rest of the highest judicial instances of Germany, which complement it, in particular, by establishing state obligations to assist persons who wish to voluntarily end their own lives. The European Court of Human Rights has not yet had the opportunity to express its position on this issue, however, trends in the development of its law enforcement practice indicate that it is likely sooner or later to join the legal line of the German courts. The author identifies the argumentative shortcomings of the fundamental prerequisites for justifying the right to voluntary retirement, demonstrating not only their internal inconsistency, but also the inadmissibility of the consequences that state support for suicidal aspirations of citizens will lead to.

Цифровая идентичность и гуманистическая модель цифровой образовательной среды

The article is devoted to the problems of subjective and personal self-determination of students in the situation of contact with the infocommunication environment, in particular, to the analysis of “digital identity”, symbolizing the emergence of a new modality of individual identification in virtual space. The methodological basis of the study was philosophical, axiological and systemic approaches. In addition, the possibilities of the method of existential analytics are used, which make it possible to explore not only ontological, but also the value-semantic contexts of the formation of personal identity, allowing us to consider the essence of “I” in the unique unity of its personal qualities, as well as content analysis as the optimal diagnostic tool network identity. The article conceptualizes the concept of “digital identity”. It is shown that the representation of the life of young people in a virtual environment, as one of the forms of successful socialization, as well as the possibility of constructing a virtual personality and its self-presentation in the external environment with the help of ideal self-images, determine the projective nature of digital identity, which is, ultimately, a set of projections of real identity, translated using digital technologies into a sign-symbolic context. Based on examples of the reverse influence of online identity on the real one, a conclusion is made about the emergence of a tendency to blur the lines between them, marking the beginning of the process of merging digital and real identities. The result of the study is a humanistic model of the digital educational environment (DEL), which sets the main variable vectors for its development and implementation, taking into account the creative potential of a particular teacher, the conditions of the educational organization, the socio-pedagogical and socio-psychological specifics of students.

Kant’s Philosophy and the Idea of the Self-Made-Man

Purpose. The authors of this article set the main purpose of understanding the ideological potential of Kant’s philosophical heritage from the viewpoint of its influence on the spread and legitimization of the self-made man idea in the worldview transformations of the modern world. Theoretical basis. Historical, analytical, and hermeneutic methods became fundamental for achieving the goal. The study is based on Kant’s works, as well as on the works of modern researchers of his ideological heritage. Originality. The analysis shows that the idea of the Self-made-man, which originated in the ancient world and gradually spread in the Western culture of the Middle Ages, early Modernism, and especially the Enlightenment, receives significant additional impulses in the context of Kant’s rethinking of the metaphysical foundations in the theory of knowledge and morality. Perhaps, the systematic theoretical substantiation of people’s abilities to use their own mind, their intellectual, and therefore moral autonomy, and freedom of will as the fundamental principles of personal Self-determination and Self-realization became the most important consequence of this rethinking. This, in turn, became the theoretical and moral-legal basis for further legitimization in the modern and postmodern world of the ideal of a person who creates oneself. Conclusions. The importance of Kant’s philosophy in the context of idea generation of the self-made man is hard to overestimate. It is entirely imbued with a leitmotif appeal to the individual to have the courage to use his/her own mind, to be independent and self-sufficient in assessments, choices, and actions, and therefore also responsible for their consequences, in the end, to be primarily an end, not a means. Thanks to this, a person, according to Hegel, finds an unconditionally strong and stable center in oneself. In fact, by strengthening the position of human-centric philosophy, as well as the moral and legal foundations of liberal humanism, Kant’s ideas provided further ideological legitimation in the orientation of an objectively growing individual towards actively placing Self-reliance and Personal responsibility on one’s own destiny as the key principles of the Self-made-man concept.

Философский и культурологический аспекты в вопросах личностного и профессионального самоопределения

Modern society directs individuals towards the necessity of forming distinctive value orientations concerning personal and professional self-determination. The evolution of technologies, the emergence of new societal demands placed upon individuals and their social roles, and, crucially, the pursuit of self-identity and self-awareness within specific socio-cultural activities all necessitate examination through a cultural-philosophical lens. The phenomenon of “personal self-determination”, as well as the process of personal formation, require modern clarifications and additions, manifesting in the independent assessment of their capabilities, inclinations, and interests, which may be realized within a specific social milieu. Personal self-determination serves as a reflection of the evolving demands and expectations of modern culture, society, and the individual towards himself. The content of this concept not only synthesizes the aggregate desires and needs of the individual but also becomes a specific temporal demand of society for addressing economic and social challenges. We posit that presently, the content of the concept of “personal self-determination” underscores a high level of individual responsibility, which finds reflection in the actualization of the notion of “public service”.

Адаптация русскоязычной версии «Шкалы осознанного выбора и самосознания» (PCASS - Perceived Choice And Awareness Of Self Scale)

<p style="text-align: justify;">To date, the issue of expanding the arsenal of adapted foreign tools (or creating their own) for assessing the level of self-determination of personality remains quite relevant. For this reason, the objective of the present study was to adaptation on the Russian-language sample of the modern version of the Self-Determination Scale by K. Sheldon and co-authors, in an updated version called the Perceived Choice and Awareness of Self Scale. Methods. The scale was translated with subsequent questioning of 588 respondents (residents of Russia, students of St. Petersburg educational institutions), including 325 women and 263 men (mean age - 20,5 ± 2,39, Mo = 21). Results. When assessing the psychometric properties of the Russian-language version of the adaptable questionnaire, significant results were obtained, indicating the reproducibility of the number and structure of the factors that form the two subscales of the original methodology. Also, psychometric indicators confirm the reliability, internal consistency, structural and constructive validity of the Russian version of the methodology. In addition, according to our study, the questionnaire is characterized by high differentiating ability and diagnostic sensitivity: significant gender differences were found in the Russian-speaking sample in terms of perceived choice and self-awareness. Conclusions. According to the results obtained, the adapted version of the questionnaire has good psychometric characteristics and can be used as a qualitative research tool.</p>

“The American Dream” in Norman Mailer's novel and travelogue “O'key, an American Novel” by B. Pilnyak: Shattered Illusions and Rethought Dreams

The concept of "dreams" as the core of American literature is recognized by most literary critics. The affirmation and apologetics of the "American dream", which is associated with the traditions of critical realism, remains the subject of discussion by both foreign and Russian researchers. Literary studies of the concept of the "American dream" encourage us to critically analyze the beliefs, experiences and aspirations underlying it, as well as its broader implications for society. The subject of this article is the concept of the "American dream", analyzed on the basis of Norman Mailer's novel "The American Dream" and the travelogue “O'key, an American Novel” by Boris Pilnyak. Using descriptive, hermeneutical, comparative, historical-literary and historical-cultural methods, the author examines the details of this concept that were not affected in previously published scientific works. The sources and prerequisites for the emergence of the phenomenon of the “American dream” in American literature are presented and its complex quintessences presented in the works of Mailer and Pilniak through the prism of different cultural contexts are revealed. The study showed that the failure of the American Dream project leads to its restructuring, which confirms its self-stabilizing nature and fundamental role in the process of personal self-determination of the character. Mailer, deeply rooted in American culture, criticizes the American dream from the inside, emphasizing individualism, social pressure and the pursuit of success. On the contrary, Pilniak offers us a different view of the "American dream". This is the view of a Soviet writer who emphasizes the relationship of the American dream with capitalism, democracy and social transformation. Conclusions. Despite the revealed differences in views, both authors encourage readers to take a critical look at the promises and pitfalls of the American dream, enriching our understanding of its universal appeal and enduring relevance.

The Role of Legal Psychology in the Formation of Legal Culture in the Conditions of Military Operations

The article aims to determine the possibilities of improving students' legal culture formation by integrating legal psychology knowledge in times of war. Through testing and a formative experiment, the study confirms the hypothesis that integrating legal psychology positively impacts the formation of students' legal culture in war conditions. Students showed average indicators of legal culture criteria, which proves that young people as subjects of the law may deliberately violate the law and be prone to illegal behaviour, discrimination, etc. Such data indicate that the students under the study may be prone to criminal behaviour under unfavourable conditions, as they have a basic level of knowledge about the legal system, unstable motivation for legal behaviour, fragmented legal competencies, a predominant orientation towards stereotyped, patriarchal values of gender culture, and different types of personal self-determination in the system of patriarchal and egalitarian coordinates. It can be argued that the legal culture formation programme significantly impacts the formation of respect for human rights in the educational environment and reduces the propensity for illegal and non-violent behaviour.

Teacher’s Agency as an Indicator of Leadership Potential Development

Nonlinearity, multi-contextuality, new normality, constant variability of the modern world are reflected in politics, economics, education and other spheres of human life. Professional and personal self-determination and orientation of a person is difficult in a situation of diversity of various social environments and spaces, functional and semantic uncertainty of educational contexts. In this regard, the importance in the field of education is acquired by the teacher’s transprofessionalism, his ability to continuously develop, independently build interaction with the multifunctional environment, showing his agency as one of the indicators of leadership potential development. The purpose of the study is to operationalize the content of the concept of the teacher’s agency and its manifestation as an indicator of the development of leadership potential, taking into account the ongoing changes in the modern world. Methodology. The understanding of the essence of the terms “agency” and “leadership potential” of the teacher was carried out using the method of semantic analysis of their interpretations available in domestic and foreign sources. The use of activity-based and acmeological approaches is due to the need to determine the key mechanism for implementing the teacher’s agency in the comparison of significant categories (agency, leadership and management). General scientific research methods were used: theoretical analysis and synthesis, systematization and generalization of scientific literature on the research topic. Results. Connectivism (social polyvalence) is proposed as the main mechanism for the manifestation of the teacher’s agency as a teacher’s ability to find and maintain conditions, forms, ways and means of communication with representatives of different professions, social groups and statuses, beliefs, ages for organizing joint actions, events, productive activities. This made it possible to establish the key role of agency in the development of a teacher’s leadership potential – the creation of an atmosphere of cooperation within and outside the educational organization. Conclusion. The conclusion is made that the teacher, as a carrier and subject of public relations, needs to develop his agency and leadership potential, respectively, for orientation and adaptation in a changing world in the interests of sustainable development of regions and the country as a whole.

Fostering Medical Students’ Commitment to Beneficence in Ethics Education

Fostering Medical Students’ Commitment to Beneficence in Ethics Education

The freedom of Personal Self-Determination as the Prime Principle for "The Religion or Belief Manifestation Test" in ECHR Case-Law

This article focuses on the case law under Article 9 of the ECHR in the field of classifying an act as a manifestation of a particular religion or belief. It aims to criticize the long-time rigid practice of the European Commission and the European Court, which grants them the Power of Assessment in this regard. Namely, in the light of the general principles of the freedom of religion and belief, the author explains why it is natural and necessary for the Court to give up its Power of Assessment and leave the issue entirely in the scope of personal self-determination. In arguing own view, the author relies upon the Court's approach developed in the Case - Osmanoğlu and Kocabaş v. Switzerland (ECHR. 2017).

VISUALIZATION AS A NONVERBAL TOOL OF PEDAGOGICAL SEMIOSIS IN THE MODERN COMMUNICATIVE SPACE

The statement of basic materials. In the information age, with its characteristic intensification of communication flows, a person is constantly faced with the problem of preserving and reproducing identity. Designing a new informational and network cultural reality requires a revision of the goals of education, forms, methods of their achievement, in accordance with those changes in society, which today have a pronounced anthropological character. Visualization of educational content, as one of the non-verbal means of educational communication, meets the demands of the new “digital” generation. With the help of visual non-verbals, favorable conditions are created for the harmonious development of all cognitive structures of the personality. The tools of visual non-verbal are in the research “fairway” of the science of semiotics, the object of study of which is communicative processes, the subject - signs and symbolic forms of communication implementation. In the semiotic tradition, “semiosis” is an operation during which a mutual presupposition is established between the form of expression and the form of content, as a result of which signs are produced. Pedagogical semiosis is a conscious process of labeling and decoding information, purposefully carried out by subjects of educational activity. The heterogeneity of the perception of visual images and the need to decode them stimulates the development of reflexive thinking, which neutralizes the attempts of others to manipulate consciousness and behavior, helps to realize and defend one's own interests, analyze and control one's actions, search for and find non-standard solutions in difficult life situations. Visual images evoke a sense of involvement, empathy, activate the desire for effective participation, for self-identification. The development and use of the methodological toolkit of educational semiotics as a theoretical basis for visualizing the educational process and its use in modern pedagogical semiosis is an effective factor for self-determination and self-identification of a new communicative personality in the educational space of the digital era.

ИЗУЧЕНИЕ НАПРАВЛЕНИЙ ПРОФЕССИОНАЛЬНОГО ОБУЧЕНИЯ В КОЛЛЕДЖАХ И ОБЩЕОБРАЗОВАТЕЛЬНЫХ ШКОЛАХ, РЕАЛИЗУЮЩИХ АДАПТИРОВАННЫЕ ПРОГРАММЫ ДЛЯ ОБУЧАЮЩИХСЯ С НАРУШЕНИЕМ ИНТЕЛЛЕКТА: СРАВНИТЕЛЬНЫЙ АНАЛИЗ

Introduction. For successful socialization of adolescents with intellectual disabilities, it is extremely important to take into account their professional preferences. Teachers work on each student’s development and acquisition of skills necessary for the chosen profession. At the same time, it is crucial to take into account the capabilities and specifics of professional preferences of each student with intellectual disabilities when choosing a profession. Vocational training begins in labor lessons at school and requires a long propaedeutic period. This study aims to examine high school and college job profiles to identify the most in-demand training areas for persons with intellectual disabilities. Materials and methods. 210 graduates of grades 9 and 11 with intellectual disabilities took part in the experiment in the period from 2019 to 2023. We used such methods as analysis of scientific literature, descriptive method, qualitative and quantitative data analysis, comparative method. Results. As a result of the data analysis, the most popular areas of specialized work at the stage of school education have been identified including sewing, cardboard bookbinding, carpentry, and floriculture (gardening). At the college preparation stage, the most popular profiles are “cook”, “green farm worker”, and “computer operator”. Conclusion. Some job training profiles that are popular at the school stage are not so in demand in college such as “seamstress “, “carpenter” and “bookbinder”. The lack of training and continuity between school and college in matters of professional self-determination and vocational training of persons with intellectual disabilities has been revealed. Therefore, it is important to develop organizational and methodological foundations for the professional self-determination of students, taking into account their individual characteristics, it is necessary to ensure compliance between preferences and the real needs of the labor market.

The development and validation of the questionnaire "types of personality self-determination"

The development and validation of the questionnaire "types of personality self-determination"

Адаптация студентов к современной образовательной среде вуза

This article deals with the psychological aspect of the difficulties of students' socio-psychological adaptation, which is closely connected with the conditions of digital education at Pskov State University, and presents the author's own point of view on the problem of adaptation.
 
 One of the most important tasks of the adaptation process for first-year students is personal selfdetermination. The author of this article notes that adaptation is able to control the student's body, thereby increasing or decreasing the body's endurance. This is influenced by many factors and phenomena, which are discussed in the article to reveal the main problems of student adaptation. Adaptation of a first-year student to life and study at the university should be successful, which is the basis for further development of the student as a future specialist. The results of the survey of students with tendencies of successful and unsuccessful adaptation concerning external, social and academic difficulties which they faced during the first semester of study at the university are analyzed.

Educational psychologist activity in terms of individualized learning

The pedagogical community comes to the idea that a future specialist in the field of education and upbringing should have a set of psychological and pedagogical knowledge, skills, and also specific personal qualities values and readiness for self-education and self-development, capability of responsible choice of professional goals, creative and non-standard search for solutions to a large number of pedagogical tasks. Thus, an educational psychologist becomes one of the most important specialists in the modern education system. The article discusses the professional activity of an educational psychologist. The stages of formation of the educational psychologist profession are highlighted, legal acts are analyzed. The role of an educational psychologist in the conditions of modernization of education is considered. It is proved that tutor competence is necessary for the successful professional activity of an educational psychologist in the process of individualization and personalization of education. The definition of the tutor competence of an educational psychologist is given as personality traits that integrates knowledge of methods for diagnosing individual characteristics of a student, methods of motivation and stimulation, development of skills for optimal selection of individual education trajectories in an open educational space for the purpose of professional, life and personal self-determination.

<i>Sallekhana </i>and the End-of-Life Option of Voluntary Stopping of Eating and Drinking

This article brings sallekhana, the Jain practice of fasting to death, into conversation with the practice of ‘voluntary stopping of eating and drinking’ (VSED), an end-of-life option, available in various countries for competent adults, to hasten the end of life by consciously choosing to not eat and drink. From a medical and legal point of view sallekhana can be considered a form of VSED. Although differing in terms of intent and historical context, the two practices are similar insofar that they relate to capable and sound individuals who voluntarily forego food and water until death. Showing the critical similarity between VSED and sallekhana, I argue that the grounds put forward by major medical associations and legal societies to differentiate VSED from suicide are equally applicable to the case of sallekhana. I contend that the Jain fast needs to be disentangled from the concept of suicide based on the quality of intent, but also because the process is, in theory and for some time at least, reversible, supported by loved ones and members of the larger Jain community, and dependent on the individual’s continuous and prolonged will of renouncing food and water. I also show how medical and legal authorities defend an individual’s right to VSED based on the principles of self-determination, bodily integrity, self-ownership, and respect for persons. I put forward the view to take these ethical principles into account to legally protect a Jain’s right to take the vow of sallekhana.

Correlation Between Characteristics of Personal Self-Determination and the Perception of the Pandemic by Students with Disabilities

The article draws attention to the necessity to study factors and mechanisms of personal self-determination in conditions of limited life resources when interacting with an increasingly complex social environment (as exemplified by the perception of the COVID-19 pandemic), as well as its influence on the psyche and socio-psychological characteristics of young students, including those with disabilities. The purpose of the study is to identify and substantiate the correlation between the characteristics of personal self-determination and the perception of the pandemic by students with disabilities. Methodology. The original technique, developed by the authors, was applied to study factors and mechanisms of personal self-determination in conditions of limited life resources. The Fear of COVID-19 Scale and the “COVID-19 Pandemic Perception Questionnaire” were used to measure the perception of the pandemic. Statistical data processing was used to identify correlations between the categories under study. Research results. The study has revealed the correlations between the factors of personal self-determination and the scales of pandemic perception by students with disabilities: reinterpretation of their own life goals and activities taking into account preventive measures; threat to the implementation of the plans for the future of students with disabilities, increase in the role of control over the situation, limitation of the students’ social activity during the pandemic, reinterpretation of the personal attitude to the chosen profession, activation personal adaptation resources within the framework of learning activities and overcoming difficulties during academic interaction. Conclusion. The data obtained contributes to the study of the perception of the pandemic by students with disabilities; the data can also be used to build a model of support for students with disabilities within an increasingly complex social environment. This model development should be based on the identified factors of personal self-determination and their correlation with the characteristics of perception and attitude towards COVID-19.

Urban identity in the value paradigm modern Russian society

The article is devoted to urban identity as a socio-cultural, psychological and emotional construct determined by a number of factors. As a significant component of social identity, urban identity is determined by how strong an individual's social ties are, whether he is included in long-term stable social groups, which, in turn, forms an emotional assessment of such identity in relation to «his» and «strangers», as well as group values, social norms, stereotypes, behavioral patterns. The author of the article presents the characteristics of urban identity as a result of self-determination of personality, its socialization and adaptation in a particular urban space, in the process of assimilation and reproduction of cultural symbols, accepted norms, traditions, lifestyle of city residents. The relevance of the study of urban identity is determined by the peculiarities of the urban environment and urban lifestyle: the author of the article puts forward a tendency to increase the mobility of the population and a decrease in the role of physical space in the life of a modern person as factors that can create barriers to the formation of a conscious urban identity. The article proves that the self-consciousness and personal identity of city residents are largely determined by various aspects of the cultural space of the city. The impossibility of perceiving urban space in its integrity does not hinder personal identity and self-determination, and the possibility of implementing the social practices of its residents forms their emotional attachment to the city. The formation of urban identity is conditioned by stable, changeable and symbolic factors. The author of the article also identifies parameters that allow assessing the degree of urban identity, among which the uniqueness of the city, identity and positivity of its perception play a decisive role in modern Russian society, which, in turn, determines in many ways the practical potential of urban identity. The conclusion is made about the importance of urban identity among other values of Russians, because active emotional experience and active embodiment of the urban identity of individuals and social groups contributes to the comprehensive economic, social and political development of modern Russian society.

Маргиналдылық әлеуметтік-мәдени құбылыс ретінде

Мақала маргиналдылықты әлеуметтік-мәдени құбылыс ретінде қарастыруға арналған. Қазіргі таңдажаңа әлеуметтік күштер мен қатынастардың қалыптасу кезеңінде көптеген қоғамдар, соның ішінде қазақстандық қоғам да белгілі бір дәрежеде құндылықтық-нормативтік вакуумды бастан кешіріп жатқандығына байланысты, дәл осы кезеңде маргинализация процесі күрт күшейіп, өз ауқымында кеңейіп келеді. Жаңа бағдарлардың қалыптасуы жағдайында маргиналды адамдар тұрақты әлеуметтік бағдарлардан айырылады, оларға өздерін жеткілікті сенімділік пен айқындықпен анықтау өте қиын.Маргиналды күй адам бір мәдениеттен кетіп, оны өзінің болмысының сыртқы жазықтығында қалдырып, ол үшін жаңа мәдениетке сәйкес келмейтіндігімен сипатталады, бірақ ол оның сансыз көріністерінің қатысуымен өмір сүреді. Адам жаңа мәдени белгілерді игеру сатысында, бірақ оларды әлі игере алмайды. Бұл өтпелі, шекаралық әлеуметтік-мәдени жағдай ретінде маргиналдылықтың парадоксалды сипаты. Әдетте, маргинализация процесі күрт күшейіп, өз ауқымында кеңейеді. Адамдар сенімсіздік пен әлеуметтік тұрақсыздықты сезінеді. Осыған байланысты бұл мақаланың мақсаты маргиналдылық мәселесін тереңірек зерттеу қажеттілігі болды. Маргиналдылық мәселесін зерттеуге сүйене отырып, жеке адамда біртұтас және алуан түрлі, тұтас, атап айтқанда әмбебап және біртұтас болады деген қорытынды жасауға болады. Осыған байланысты маргинализация мәселесі жеке өзін-өзі анықтау арқылы шешілуі керек. Мақаланы жазуда маргиналдылық мәселелерін зерттеген философтар, әлеуметтанушылар және педагогтердің еңбектері қарастырылды. Авторлар маргиналдылық мәселесін шешуге арналған бірқатар ұсыныстар жасаған.

The Tort of Discrimination

Abstract This Essay integrates two ambitions: to lay out new theoretical foundations for antidiscrimination law and to demonstrate the practical significance of these foundations to tackle instances of wrongful discrimination beyond the reach of the current legal regime. Concerning theory, we articulate an account of wrongful discrimination grounded in private law’s basic commitment to reciprocal respect for the self-determination and substantive equality of private persons. Concerning practice, we argue that antidiscrimination law is currently at its pre-MacPherson v. Buick stage, meaning it is made up of isolated pockets of liability for discriminatory behavior. The gaps between them are indefensible since they necessarily undermine people’s fundamental right to be treated as equals by holders of normative powers such as proprietors, employers, and lessors. Nothing short of a full-blown tort of discrimination will enable antidiscrimination law to reach its own MacPherson moment. The theoretical account we develop provides the necessary framework for embarking on this crucial endeavor: a clear articulation of the normative foundations of this tort as an integral and indispensable part of private law in a liberal society. Drawing on existing tort doctrines, we identify important legal tools that can be utilized for prescribing the proper elements—duty, breach, injury, causation, and remedy—of a novel, generic tort of discrimination.