Principle Of Obligation Research Articles

Kant’s principles of adjudication and execution in the context of the Enlightenment

In the 1770s’ lectures on ethics, Kant distinguishes between two principles of obligation: the principle of adjudication and the principle of execution. The former is the normative standard of moral evaluation, while the latter denotes the incentive for performing an obligatory action. This distinction is significant in that it anticipates Kant’s mature position of combining these two principles, i.e. the moral law later becomes the supreme principle of moral judgment and (via respect) is itself the incentive to moral action. I explicate Kant’s distinction in view of the moral thought of Francis Hutcheson, Adam Smith and Christian Wolff. I challenge the dominant views which interpret Kant’s distinction in connection with Hutcheson and Smith, and argue that it is best understood in relation to Wolff’s conception of obligation. While Hutcheson’s distinction between exciting and justifying reasons is broadly similar to Kant’s distinction, Hutcheson’s account does not centre on the concept of obligation. Furthermore, I argue that Smith’s distinction between the character of virtue and the faculty of the mind by which it is recommended to us does not concern the normative and motivational moments of moral agency, but rather the meta-ethical question of the nature of virtue and the faculty that conditions its appraisal. Finally, I show that Wolff’s conception of obligation involves normative and motivational aspects conceptually similar to Kant’s distinction between the two principles of obligation.

God, Evil, and Meticulous Providence

James Sterba has constructed a powerful argument for there being a conflict between the presence of evil in the world and the existence of God. I contend that Sterba’s argument depends on a crucial assumption, namely, that God has an obligation to act according to the principle of meticulous providence. I suggest that two of his analogies confirm his dependence on this requirement. Of course, his argument does not rest on either of these analogies, but they are illustrative of the role that meticulous providence plays in his argument. I then investigate the ethical principles Sterba invokes in his use of meticulous providence and suggest that not only do we often not predicate goodness of human persons based on these principles of obligation, but that these principles are much too stringent to function to determine moral obligations and moral goodness. From there, I contend that to think that God has a similar obligation regarding meticulous providence in order to be good encounters several serious problems, especially with respect to the soul-building Sterba wants to preserve. I conclude by considering Sterba’s reply in terms of a limited application of meticulous providence.

Організація самостійної роботи студентів в контексті інноваційних процесів

The article deals with the problem of organizing independent work of students. The methodology of using the organizational management model, its essence, and main advantages in the modular training system are revealed. Individualization of the content of the modular system in accordance with the real needs of each student is a consistent program of self-development. An individual project was proposed, which was formed on the basis of establishing the actual level of knowledge, and skills in a certain field of activity or, if necessary, the development of specific personal qualities. The implementation of the managerial principle of obligation depends on the level of formation of such an important quality of the subject of management as «ability to self-manage». Violation of this principle leads to non-fulfillment of an individual plan, and, as a result, the appearens of the sense of dissatisfaction and the decrease in student activity. The student must learn to change the entire hierarchy of forms of their own activity consciously and purposefully: communication, behavior, activities and experiences. Students were assisted in improving their ability to manage themselves, starting at the stage where the student showed the more sustained interest. The introduction of operational models of operational management makes it possible to reflect the objectivity of the assessment of all types of educational activities, which foreses the creation of conditions under which the existing knowledge and skills are identified as accurately as possible.

Нравственная проблематика в русском неокантианстве: специфика становления трансцендентальной философии в России

The article is devoted to the complex problem of the development of Russian Neo-Kantianism in the context of the history of transcendental philosophy. The general tendency of the development of transcendental philosophy in the form of “the history of motives”, identified on the basis of historical and philosophical analysis, is outlined. The formation of Russian Neo-Kantianism as an original creative direction is the result of its development in the context of German Neo-Kantian methodology and the pursuit of Russian philosophers for independent thinking. The specificity of moral issues and its originality are most clearly reflected in the writings of Russian Neo-Kantians, starting with A. I. Vvedensky. Nevertheless, the general vector of development of their views is consistent with European philosophical tradition. B. A. Focht and V. E. Sezeman deal with the problems of the transcendental method, and S. I. Hessen directs his efforts to the formation of the philosophy of education on the principles of critical idealism of I. Kant. The novelty of the study consists in the identification of the specifics of the Russian NeoKantian methodological approach in the context of the development of transcendental philosophy project. Particular attention is paid to the problem of the relationship between freedom and responsibility, the specifics of the disclosure of the “principle of obligation”. In conclusion, it is noted that a characteristic feature of Russian neo-Kantianism is the rethinking of the inextricability of a holistic worldview and the complementarity of three “Critics” of I. Kant.

Self-regulation of pharmaceutical activity in Ukraine: opinion of pharmacists and pharmacy technicians

The Sustainable Development Goals for 2016–2030, approved in September 2015 at the United Nations Summit, are possible only if the institution of self-regulation of pharmaceutical activities (SRFD) is built and further effective cooperation of public authorities with self-regulatory pharmaceutical organizations (SRPhO). The results of the study of sources of scientific literature show that various aspects of the formation of SRPhA in Ukraine have been studied by a number of domestic researchers. Despite this, a number of little-studied and debatable issues remain that require further research.
 The aim of the work was to study the opinion of pharmacists and pharmacy technicians on the understanding of the essence and necessity of introducting SRPhA in Ukraine, their readiness to become members of SRPhO.
 To reach this goal, the following methods were used: questionnaires, mathematical statistics, generalization and interpretation of results. The primary data were taken from 894 questionnaires, 827 of qualitatively completed face-to-face and part-time questionnaires were selected and processed, they were conducted in the majority (16 out of 25) of regions controlled by the Government of Ukraine.
 According to the results of a questionnaire survey of pharmaceutical specialists (PhS), including 67.1% of pharmacists and 32.9% of pharmacy technicians, the respondents' level of acquaintance with the basic principles of self-regulation of certain markets is extremely low: 17.7% among pharmacists and 15.1% among pharmacy technicians. Nevertheless, 38.2% of the surveyed pharmacists and 36.8% of other respondents have a positive attitude to the possibility of SRPhA, the principle of obligation of which for all market participants was fully supported by 14.0% of pharmacists and 16.2% of pharmacy technicians. Instead, almost two-thirds of respondents (64.5% and 62.9% of the relevant groups) believe that only pharmaceutical specialists can be members of the SRPhO, and 25.4% of pharmacists and 21.3% of pharmacy technicians are willing to become its members voluntarily.
 Thus, found the similarities of both groups of PhS regarding their familiarity with the basic principles of self-regulation of individual markets, their attitude to the possibility and binding nature of SRPhA, membership in the SRPhO and attitude to this membership. At the same time, the survey showed their insufficient understanding of the essence and necessity of SRPhA implementation. Given the development of SRPhA in well-developed countries and it’s nurturing at the legislative level of Ukraine, there is a need to promote the idea of SRPhA among PhS and contact audiences, which are endowed with control functions, and those who do not have such functions.

CURRENT TAX INITIATIVES AND INNOVATIONS: SOCIO-ECONOMIC FOUNDATIONS, THEORETICAL APPROACHES AND PRACTICAL APPLICATION

The paper discusses the advantages and disadvantages of tax initiatives on the introduction of an excise tax on carbonated sweet drinks and red meat products, a fee for the use of plastic utensils and a new special tax regime for self-employed. Based on the complexity and diversity of the issues and in order to ensure the reliability of the conclusions and proposals the paper analyzes the problem in various aspects using an interdisciplinary approach: 1) in the context of topical problems of social development; 2) from the point of view of solving systemic problems of taxation in the Russian Federation and improving its legal regulation; 3) for compliance with the principles of taxation and the economic and legal essence of taxes and fees; 4) in the light of ensuring budget profitability and reducing financial costs. When considering the development of effective mechanisms of legalization, the authors proceeded from the need to ensure the unconditional constitutional obligation to pay taxes and fees, the mandatory application of penalties against defaulters, the inadmissibility of replacing the principle of obligation with the principle of voluntariness: the performance of the constitutional duty cannot be made exclusively dependent on civic consciousness and social responsibility, on the availability of various preferences. The authors are convinced that when applying incentive mechanisms, it is necessary to distinguish between non-payers and payers, without allowing the latter to be put in a worse position. The study resultes in the conclusion on the strengthening of legal regulation in terms of ensuring the mandatory tax liability, about the increase of the responsibility of legislators in the implementation of the principles of taxation in order to avoid the adoption of legal norms that contradict them.

Göttinger Naturrecht. 300 Jahre Gottfried Achenwall (1719 – 1772) – eine Einführung

This article serves as an introduction to this special issue on Gottfried Achenwall (1719-1772). Section I briefly sketches Achenwall’s intellectual biography, outlines the disciplines he taught at Göttingen and closes by highlighting the importance and extensive use of Achenwall’s textbooks, in particular his Ius naturae, at universities in eighteenth-century Germany. Section II provides an overview of Achenwall’s natural law doctrine as found in the first edition of his natural law textbook, the Elementa iuris naturae (1750), touching on the principle of obligation and the system of duties, innate and acquired rights, the law of societies, public law and the justification of state power. In section III, we turn to Immanuel Kant’s engagement with Achenwall, pointing out general features of Kant’s critical reception of Achenwall by means of a number of examples before discussing particular differences in the justification of legal coercion, the conception of the household society and marriage law, and, finally, the discussion of the right of resistance. Section IV provides a brief overview of the subsequent articles that deal with Achenwall’s theory of natural law.

Associative Obligation and the Social Contract

John Horton has argued for an associative theory of political obligation in which such obligation is seen as a concomitant of membership of a particular polity, where a polity provides the generic goods of order and security. Accompanying these substantive claims is a methodological thesis about the centrality of the phenomenology of ordinary moral consciousness to our understanding of the problem of political obligation. The phenomenological strategy seems modest but in some way it is far-reaching promising to dissolve some long-standing problems of political theory. However, it fails at just the point at which a theory of political obligation is needed, namely when individuals question the grounds of their political obligation. A principle of obligation is needed to provide individuals with a reason for compliance with authoritative social rules when the exercise of that obligation is irksome. It is at this point that we need to invoke the idea of society as an implicit social contract, in which obligations are seen as stemming from those terms that it would be in the interests of individuals to agree in a social contract. This is consistent with the method of reflective equilibrium.

A Historical Perspective on the Unification of Private Law and the Future of the Civil Code

China has a long tradition of legal codification. In looking at the unification of private law, we need to follow three historical threads: the historicity of law, the rationality of private law and the rules governing the growth of private rights. Following on from and amending the Draft Civil Law of 2002, we can use restorative methods to formulate a nine-part civil code suited to China’s national circumstances. The nine parts comprise the General Principles of Civil Law; Marriage and Family Law; the Law of Succession; Real Rights Law; Intellectual Property Law; Contract Law; Employment Contract Law; Tort Liability Law; and the Law of the Application of Law for Foreign-related Civil Relations. With this goal in mind, we can adopt a four-step legislative process: firstly, integrate the Marriage Law and the Adoption Law to form a unified Marriage and Family Law; secondly, include Employment Contract Law as a separate section of the civil code; thirdly, include Intellectual Property Rights Law as a separate section of the civil code; and fourthly, amend the General Principles of Civil Law so as to integrate Personal Rights, the General Principles of Property Rights (the General Principles of Obligation), the General Principles of Commercial Law, etc. The civil code formed on this basis possesses historicity, flexibility and contemporaneity, and would become an important constituent in the restatement of Chinese civil life and the remolding of the Chinese system of law.

Elateres Motiva: From the Good Will to the Good Human Being

AbstractKant's ethics has long been bedevilled by a peculiar tension. While his practical philosophy describes the moral obligations incumbent on all free, rational beings, Kant also understands moral anthropology as addressing ‘helps and hindrances’ to our moral advancement. How are we to reconcile Kant'sCriticalaccount of a transcendentally free human will with hisdevelopmentalview of anthropology, history and education as assisting in our collective progress towards moral ends? I argue that Kant in fact distinguishes between theobjectivedetermination of moral principles andsubjectiveprocesses of moral acculturation developing human beings’ receptivity to the moral law. By differentiating subjective and objective dimensions of moral agency, I argue (1) that we better interpret the relationship between Kant's transcendental and anthropological accounts as a division of labour between principles of obligation and principles of volition, and so, as complementary rather than contradictory; and (2) that this counters the view of Kant's ethics as overly formalistic by recognizing his ‘empirical ethics’ as attending to the unsystematizable facets of a properly human moral life.

Feminism, Family, and Women's Rights: A Hermeneutic Realist Perspective

AbstractIn this article I apply the insights of hermeneutic realism to a practical‐theological ethics that addresses the international crisis of families and women's rights. Hermeneutic realism affirms the hermeneutic philosophy of Hans‐Georg Gadamer but enriches it with the dialectic of participation and distanciation developed by Paul Ricoeur. This approach finds a place for sciences such as evolutionary psychology within a hermeneutically informed ethic. It also points to a multidimensional model of practical reason that views it as implicitly or explicitly involving five levels—background metaphysical visions, some principle of obligation, assumptions about pervasive human tendencies and needs, assumptions about constraining social and natural environments, and assumed acceptable rules of conduct. The fruitfulness of this multidimensional view of practical reason is then demonstrated by applying it to practical‐theological ethics and the analysis of four theorists of women's rights—Martha Nussbaum, Susan Moller Okin, Lisa Cahill, and Mary Ann Glendon. Finally, I illustrate the importance and limits of the visional dimension of practical reason by discussing the concept of “Africanity” in relation to the family and AIDS crisis of Eastern Africa.

The Infelicities of Business Ethics in the Third World: The Melanesian Context

Abstract:In a recent paper Allen Buchanan makes a basic distinction between two types of ethical problems which arise in business: “genuine ethical dilemmas, in which the problem is to discover what one ought to do, when two or more valid ethical duties (or values or principles) conflict, and compliance problems, which occur when one knows what one’s moral obligations are, but experiences difficulty in fulfilling them due to pressures of self-interest or loyalty to group or organization.” Buchanan argues that most business ethicists believe that this simple dichotomy is exhaustive. He claims it is not and argues that there is a third area of concern that involves perfecting imperfect duties, or coming to “have definite ethical duties, where before there were at best vague ethical goals.” However, I wish to argue that there is a further area of concern in business ethics and this area does not involve deciding between competing moral principles, values etc, attempting to comply with known principles, or imparting determinate content to vague, non-specific imperfect principles of obligation (the subject of Buchanan’s recent paper). This sort of problem occurs frequently in the third world in circumstances in which the agent entirely fails to recognize the normative structure that underpins the considered options.

Pacta Sunt Servanda? The development of the sense of community and the principle of obligation in Soviet and Russian doctrines of international law

The role and meaning of international norm‐based co‐operation is widely debated within the discipline of International Relations. The so‐called reflectivists stress the role of higher normative frameworks in order to understand compliance in individual cases, emphasizing the role of a shared sense of community based on international law. Taking these assertions seriously and examining Soviet and Russian discourse on international law from this perspective, it is possible to determine how the sense of a legally‐based international community developed in that part of the world, how the sense of obligation towards that community was created, and how the principle of compliance with international norms and rules has emerged at this level of discourse. The overall tendency is evidently a growing importance ascribed to international law and international norms. Gradually, but also with occasional spurts, the sense of a law‐based community has developed and become institutionalized. Those at present in power seem to be willing to continue this development, being pledged to universal international law and furthering a gradual but more thorough integration of domestic and international law.

Brink's and Pietroski's obligation execution principle

(OE) Oa & (P == a) D 0-3. ('O' stands for 'ought to be done' or 'is obligatory', and '=-' stands for some sort of counterfactual implication.) According to Brink, who uses (OE) as an essential premiss in two arguments against the existence of moral dilemmas, (OE) 'seem[s] to be [a] fundamental or uncontroversial [principle] in our moral reasoning'. ([1], p. 237) Pietroski claims that (OE) supports the prescriptions yielded by a certain 'actualistic' principle of obligation, suggested by Frank Jackson and Robert Pargetter [3], henceforth 'J&P'. But (OE) is not valid according to J&P's actualism. Hence, it cannot be invoked to defend this theory. Moreover, the truth of (OE) is very doubtful, regardless of whether we accept J&P's principle. According to J&P, an action a ought to be done if and only if what the agent would do if she were to do a is better than what she would do if she were not to do a. To illustrate this thesis J&P use the case of Professor Procrastinate, who is asked to review a book. The best he can do is to agree and then write the review (do a& b). The second best is to decline (do --a), while the worst he can do is to agree and then not write the review (do a &-b). If Procrastinate were to agree, he would keep putting the task off and never get around to writing the review. That is, if Procrastinate were not to do --a, he would do a&-4b, which is worse than --a. Hence J&P's principle yields

The General Principles of Obligation [Law

The General Principles of Obligation [Law

Pollock's Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law

Pollock's Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law

The Law of Torts: A Treatise on the Principles of Obligation Arising from Civil Wrongs in the Common Law: To Which Is Added the Draft of a Code of Civil Wrongs Prepared for the Government of India

The Law of Torts: A Treatise on the Principles of Obligation Arising from Civil Wrongs in the Common Law: To Which Is Added the Draft of a Code of Civil Wrongs Prepared for the Government of India

The Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law

The Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law