Volitional Act Research Articles

Formation of moral and vocational qualities in higher education acquisitions through handball

The article outlines the peculiarities of the formation of moral and volitional qualities in student youth by means of handball, the role of sports games that have an effective educational content, forms and methods of formation of discipline, courage, perseverance, purposefulness, self-confidence, and moral stability is updated. Based on the study and analysis of psychological and pedagogical literature on the researched problem, the state of work of higher education institutions, we have developed criteria and indicators for the formation of moral and volitional qualities of higher education students in the process of handball lessons. Cognitive criterion (knowledge of moral-willed qualities, understanding of the importance of handball as a means of forming moral-willed qualities, students' awareness of the need for responsibility, self-discipline, self-control during handball lessons. Emotional-value criterion (perceived interest of students of higher education in the formation of discipline, courage, perseverance, purposefulness, moral stability; the desire to form moral and willful qualities in the process of handball lessons; the desire of students to show responsibility, self-discipline, self-control, overcome difficulties in the process of handball lessons. Criterion of voluntary impulse (students' willingness to show discipline, courage, perseverance, purposefulness, moral stability in the process of realizing the goal, the manifestation of moral and volitional qualities in the process of playing handball, the desire to manifest a moral and volitional act, responsibility, self-control. Activity criteria (the ability to independently demonstrate discipline, courage, perseverance, purposefulness, moral stability in the process of achieving a goal; the ability to demonstrate moral and willful qualities in practice, to help the teacher in organizing sports and mass events in higher education institutions; the ability to show responsibility, self- discipline, self-control, to overcome difficulties in the process of practicing handball). Thanks to the developed criteria and indicators, we determined the levels of formation of moral and volitional qualities in students of higher education by means of handball, namely: low, average, sufficient and high.

ЭПАТАЖЕН ЛИ ГЕНИЙ, ОКАЗАВШИЙСЯ ТРАНСГРЕССИВНОЙ ЛИЧНОСТЬЮ?

The object of the study was a genius from the world of art. The research methods were phenomenological and existential onesl. Based on them, the author tries to understand the mechanisms that became the source of the emergence of the masterpiece as new, spiritually significant for humanity. Creativity, being the true existential of the artist’s existence, contributes to his transitions into imaginary worlds. This fact allows us to call a genius a transgressive personality. As a free and volitional act, transgression takes place within the person, involving them in imaginary worlds. The creative mind of a genius, through contemplation and imagination, perceiving various impulses and creatively transforming them, expands spaces, making it possible to touch theessence of existence and convey what is known in a work of art. Transgressive transition for the creator turns out to be a natural practice, allowing one to go beyond the boundaries of what is permitted. But from the outside, the genius, his ideas, emotions, actions and works look provocative, which allows them to be characterized as shocking. Breaking social norms and shocking people around, the genius and theur outrageousness outline new paths for the development of art.

Scotus’s Analysis of the Structure of the Will in the Light of 14th-Century Philosophical and Theological Discussions

This article addresses the issue of the two-level nature of acts of the will, i.e. its ability to voluntarily refer to its own acts. First, we will examine the ancient sources of the concept of the two-level will (Plato and Augustine). Then, we will focus on the views of John Duns Scotus on the types of acts of will, with particular emphasis on the concept of non velle and its application in philosophical and theological issues. Against the backdrop of Scotus’s concept, we will examine the ways in which 14th-century thinkers engaged with his position and developed his account of the two-level acts of will and types of acts of will. Finally, the article discusses a significant change in the function of non velle and the use of this type of volitional act in 14th-century ethics by exploring the views of Buridan and Kilvington. -------------------------- Received: 29/01/2023. Reviewed: 30/03/2023. Accepted: 18/04/2023.

Hobbes on the Cause of Action: How to Rethink Practical Reasoning

Abstract In the free-will discussion between Hobbes and Bramhall, Hobbes’s principle that actions are necessary is not immediately action-theoretic. The fundamental theoretical context of Hobbes’s explanation of action lies in an understanding of causation more generally. However, Hobbes’s action theory is not simply modeled after the account of cause and effect in his First Philosophy. It introduces a temporal qualification which ranks necessitarianism higher than First Philosophy does: not only a voluntary action, but also the determinate moment when the mental act of volition is formed, is necessitated. My paper argues that this strengthening of causal necessity is due to the Hobbesian scheme of deliberation, which must be analyzed in terms of one distinctive kind of ‘mental discourse’ and practical reasoning, not merely in terms of a series of passions. For Hobbes, the impossibility of a direct representation of the future requires the mediation of a mental construction.

Anthropology, Ontology, and the Possibility of Post‐Mortem Repentance

AbstractAbstract: This essay considers the question of conversion unto repentance, as an act of cognition and volition, by the separated soul in the post‐mortem state. It primarily explicates and interrogates Thomas Aquinas's various attempts to rule out this possibility for the damned. Since Thomas's arguments for such impossibility feature his commitment to the radical immateriality of the human soul—and, like it, the angelic spirit—the essay highlights the ontological and moral tensions within that account. The case is thus made for the ontological, logical, and moral inconsistencies of his position, in pursuit of a more holistic anthropology across the soul's various states and a more rationally and coherent eschatology—namely, an affirmation of the irreducible mutability of the created soul on its way towards likeness to God, perhaps, if not certainly, towards universal salvation.

Man in the macro- and microenvironment, the captivity of obsessions and to himself: features of the origin and the formation of criminal motivation (sociological, psychological and criminological aspects)

Based on an interdisciplinary approach, the article examines the peculiarities of a person’s thinking and behavior, depending on the level of involvement and the nature of his relationships in the macro- and microenvironment, as well as during the period when he is in captivity of obsessions (obsession) or himself; examines the stages of a person's mental activity when he has the idea of committing a crime, and the reasons that gave rise to it; the dynamics of the maturation of such motivation and the factors contributing to its materialization are analyzed. The conclusion is substantiated that the state of obsession, the costs of the state and society act as a starting point for the origin of the rudiments of the idea of committing a crime in an individual, which is actualized over time, after which it transforms into a specific criminal plan when he is in himself. Being in this state, an individual mentally creates a scenario of a future crime, develops an algorithm for its implementation, considers the conditions under which the intended act may be committed, calculates the possible risks of its commission, provides options for his post-criminal behavior, etc. After being formed at the mental level, this scenario is recorded in a person’s long-term memory, where it is stored in an alert state, and when a suitable situation occurs, a trigger is triggered for its implementation. On the basis of these premises, as well as a number of other arguments, the article hypothesizes that any intentional crime (with the exception of situational and committed in a state of passion), be it murder or rape, robbery or theft, etc., is essentially only a retransmission of the scenario of a specific crime, once created by an individual on at the cognitive level and extracted from the subconscious at the right moment for its practical implementation. In other words, the emergence and development of criminal motivation is not a momentary intellectual and volitional act, but a time–stretched thought process aimed at finding optimal ways to meet certain needs of an individual that he could not (did not want to) implement within the framework of the law. At the same time, the space-time gap between the moment of the origin of the idea of committing a crime and its actual implementation can be short-term, medium-term or long-term.2

Estrategias efectivas de autoaprendizaje que emplean alumnos nahuas e ngiguas de la Universidad Intercultural del Estado de Puebla (UIEP)

This article presents a pedagogical approach to the dynamics generated by indigenous students of the Intercultural University of the State of Puebla (UIEP) during classes and which functions as the basis of learning processes. The purpose was to identify effective self-learning strategies used by Ngigua and Nahua students. Investigation work was developed by triangulating empirical, theoretical, and philosophical aspects in the context of confinement caused by COVID 19. It was found that students generate and validate their knowledge within an intersubjective social dynamic that starts from a volitional act that converges in the unity of meaning and community. What starts from a strategy that has a basis in everyday life.

Integral Ecology As Theosemiotic: A Case For A Pragmatist Theological Ethics

Integral Ecology As Theosemiotic: A Case For A Pragmatist Theological Ethics

Legal characteristics of the will and expression of the will of the people in direct forms of democracy

The subject of this study is the constitutional assurance of the validity of the will of the people when voting, as well as the theoretical and practical problems that arise in this case. In resolving this issue, the key is the problem of determining the nature of the will and the will of the people. The scientific problem raised concerns the correlation of the will of the people with its expression, as well as the establishment of a constitutional and legal connection between democracy and the expression of the will of the people. In practical terms, the scientific problem posed is manifested in the existence of a threat to the constitutional system in the form of the possibility of reflecting the distorted will of the people in the constitutionally significant voting results. The author suggests proceeding from the non-contractual nature of the general volitional act of the people in direct forms of democracy, which is understood as a political decision taken by a majority of votes in the absence of an agreed (unanimous) expression of the will of all citizens (the theory of real democracy). In contrast to this approach, the theory of the social contract proceeds from the contractual nature of the general volitional act of the people, which is understood as a social contract based on the agreed (unanimous) will of all citizens (the theory of ideal democracy). It is concluded that due to the non-contractual nature of the general volitional act of the people, the legal consequences of making a political decision should apply to all citizens of the state, including both those citizens who expressed their will against such a decision and those citizens who did not express their will. The novelty of the proposed provisions lies in the differentiation of the will and the will of the citizen, as well as the differentiation of the will (the general will of the people) and the will of the people (the general will of the people).

“Thou maiest inforce my body but not mee”: Racializing Consent in John Marston’sThe Wonder of Women

“Thou maiest inforce my body but not mee”: Racializing Consent in John Marston’s<i>The Wonder of Women</i>

Why Does the Wood Not Ignite Itself? Duns Scotus’s Defense of the Will’s Self-Motion

The goal of this paper is to analyze the response of John Duns Scotus to Godfrey of Fontaines’s argument against Henry of Ghent’s theory of the will’s self-motion. Godfrey’s argument is that, if the object is assumed to be causa sine qua non and the efficient causality is totally attributed to the will in the act of volition, it would also follow that not only the will’s motion but every motion in nature, such as, for example, the igniting of wood, is a self-motion. In this paper, I will explain that Scotus’s refutation of this argument in Reportatio II, d. 25 is based on his reflection upon the general possibility of self-motion as well as upon the indeterminacy of the will’s act. In doing so, I will show that the development of Scotus’s theory of the will’s motion is closely related to his universalized theory of self-motion.

Crime Spree

Crime Spree Desiree Cooper (bio) So many of us walk around believing there's a moral wall between good people and bad people. But in my experience, that wall is permeable, like snow fencing. The slide from law-abiding to lawless can be swift and random. Like a plague. Maybe that's why folks say, "Sam caught a case," rather than "Sam was arrested." It's as if there is no act of volition, no agency in breaking the law. Criminality just infects you while your defenses are down. It can happen to anyone. Toni is a pretty Latina in her forties, the first in her family to earn a bachelor's degree. When she was seventeen, she and her boyfriend schemed to sell ten pounds of marijuana. (They never had drugs, only old clothes in a garbage bag.) Toni, the getaway driver, has never denied her culpability in the plan, but claims she had no idea that her boyfriend was armed. She alleged that she dropped him off with the bag in Southwest Detroit to meet the buyers. When she circled back to pick him up, she heard gunshots. "There weren't supposed to be gunshots," she said. "I drove away in terror." Several days later, police came to her job, arrested her, and put her in the back of a squad car. That's when she found out that she was an accomplice to a marijuana deal, turned robbery, turned murder. The shootout had [End Page 117] left one teen dead and his twin permanently paralyzed. Toni prayed that it wasn't true (she was, and still is, a devout Catholic). She worried about what her mother would do when she found out Toni had been arrested, worried about who would care for her disabled brother if she were behind bars. But her tears didn't erase the fact that her actions had set in motion the shooting of two teens. It was the 1990s and children over the age of fifteen routinely were dubbed super-predators by the media and tried as adults. Toni was interrogated for hours, denied the simple dignity of a tampon, given incompetent legal representation, and convicted of murder. In 1991, she was sentenced more heavily than her boyfriend who'd pulled the trigger: twenty-five to fifty years in prison. In prison, Toni was housed with adults. Some of the women became like mothers and sisters. She was sexually humiliated and raped by guards. But she studied hard and earned her bachelor's degree and a bevy of certifications. She prayed and wrote and learned. She expressed profound remorse, apologized for her role in the shootings, and walked the straight and narrow despite the hopelessness of mandatory minimums. In the mid-2000s, her cousin sent me a letter to the Detroit Free Press where I was a columnist. He begged me to help get her sentence commuted. By the time I met Toni and learned her life story, she'd already served more than fifteen years. I wasn't sure if that was a fair exchange for the taking of a life. But I was sure that Toni would never commit a crime again. I decided to help. It took years, but her sentence was commuted in 2008. Today, Toni is a soft-spoken PTA mom with a bubbly, raven-haired daughter and a soft spot for animals. People don't know that for years, Toni kept her bathroom door open in her suburban home, forgetting that on the outside, people are allowed to piss in private. Her neighbors don't know that the headlights beaming through her bedroom blinds at night can send her shrieking in fear—they look too much like the flashlight beams of hard-cocked security guards. To most people, Toni is just one of us. The late 1980s was the height of Detroit's crack epidemic. The unemployment rate was among the highest in the nation, as was the rate of violent crimes. There's no getting around it: Detroit was a dangerous town. [End Page 118] In 1988, I left the practice of law and went to work for a Detroit nonprofit that helped address the...

THE STRUCTURE OF A WILL ACT AND ITS SIGNIFICANCE FOR A CREATIVE PROCESS (ACCORDING TO TH.A. RIBOT AND SUPPLEMENTED BY O. SAMOSHCHUK’S SCHEME)

The interest in the humanitarian, specific human problems of psychology has been revived in recent years, which is why attention has risen to such a phenomenon as the will. Given the complexity of this mental phenomenon, an attempt is made in this article to unify and schematize the theory of will (according to Th. Ribot) and the scheme of a complex volitional act is presented. Also, special attention is paid to the stages of a volitional process. An important research aspect is determining the role and place of volitional act elements and explaining the specifics of act course at different people. On the basis of the article author’s scheme of the volitional act structure, the author presents places and functions for the following components of the will: its individual organization; the coordinated unity of aspirations, feelings, ideas, images; conscious desires; the role of hesitations in decision-making and actions; also the author determines the basic will mechanisms, namely, stimulation or delay. In addition, the article author proposes to include two stages of hesitations: before making a decision and for performing an actual action. This clarification help explain exactly at what moments a volitional act can be interrupted, since these zones are critical for people with weak will and lack decision. The places of the will functioning are clearly identified in the proposed structure of a volitional act: between a desire and a made decision, between a decision and an action; the will is understood as a stimulating force during the implementation of a complex action. Also, the places are indicated where a volitional act is interrupted by different people: those with a strong will, a weak will, lack decision or with pathology of will. Desires of people with pathology of will does not often even acquire a conscious form, while people with a strong will go through all the stages and implement their decisions. The study findings can be applied both in the scientific field, to improve the fundamental theories of general psychology, and in practice, to develop pedagogical principles in the field of education.

ПСИХОЛОГО-КОМУНІКАТИВНИЙ ПОТЕНЦІАЛ НЕПРЯМОСПОНУКАЛЬНИХ ВИСЛОВЛЕНЬ

In the abstract the incentive is interpreted both as a psycholinguistic concept and a linguistic universal category; the components of the linguistic model and the functional structure of the incentive act are defined. The bidirection of the act of volition is emphasized. The volition (incentive) is identified as a kind of mental, speech activity, as a set of certain actions conditioned and motivated by the inner state of the speaker. The incentive action is aimed at meeting the communicators’ needs and takes into account their interests. The example of vocative utterances shows how and under what conditions in specific communicative situations they are able to express an incentive modality. Linguistic means of enhancing the emotionally-expressive colouring of vocative utterances of incentive modality determined by the tasks of speech action are considered. It is established that the focus on the positive result of the incentive foresees the obligatory accounting of distinguished or assumed background knowledge, the usage of the single sign system for encoding and decoding information, conventions, communicative situation, etc.

ПСИХОЛОГО-КОМУНІКАТИВНИЙ ПОТЕНЦІАЛ НЕПРЯМОСПОНУКАЛЬНИХ ВИСЛОВЛЕНЬ

In the abstract the incentive is interpreted both as a psycholinguistic concept and a linguistic universal category; the components of the linguistic model and the functional structure of the incentive act are defined. The bidirection of the act of volition is emphasized. The volition (incentive) is identified as a kind of mental, speech activity, as a set of certain actions conditioned and motivated by the inner state of the speaker. The incentive action is aimed at meeting the communicators’ needs and takes into account their interests. The example of vocative utterances shows how and under what conditions in specific communicative situations they are able to express an incentive modality. Linguistic means of enhancing the emotionally-expressive colouring of vocative utterances of incentive modality determined by the tasks of speech action are considered. It is established that the focus on the positive result of the incentive foresees the obligatory accounting of distinguished or assumed background knowledge, the usage of the single sign system for encoding and decoding information, conventions, communicative situation, etc.

Communicative-Functional Potential of Incentive Modality in Psycholinguistic Dimension

The objective is to substantiate the psycholinguistic parameters of the category of incentive modality that has a direct connection with a number of mental phenomena and the speaker and the addressee, and describe the psycholinguistic model of the act of volition in combination with the study of the mechanisms and processes of perception, interpretation and speech generation governing the functioning of a language unit in a certain psycholingual dimension and its interpretation by the addressee.&#x0D; Materials &amp; Methods. To achieve the stated goal, the descriptive method with its inherent means of external and internal interpretations was used as the main one; the pragmatic method involving the methodology of speech act analysis was also applied to determine the components of the psycholinguistic model of an incentive act and distinguish the types of incentive utterances; classification method – for inventory and systematization of indirectly incentive utterances, contextual-interpretive method – for establishing the transposition of non-incentive utterances into incentive ones in speech activity; intent analysis is involved in the study of indirectly incentive utterances that the addressee interprets as incentive ones in a speech situation.&#x0D; Results. The analysis of the inextricable interconnection of psychological, mental and linguistic processes made it possible to determine the psycholinguistic parameters of the category of incentive modality, in which the content plan (intentional needs of the speaker: orders, wishes, warnings, etc.) and the plan of linguistic representation are clearly explicated. Based on this approach the incentive is interpreted both as a psycholinguistic concept and a linguistic universal category; the components of the linguistic model and the functional structure of the incentive act are defined. The bidirection of the act of volition is emphasized.&#x0D; Conclusions. It is established that the focus on the positive result of the incentive foresees the obligatory accounting of distinguished or assumed background knowledge, the usage of the single sign system for encoding and decoding information, conventions, communicative situations, etc. The incentive explicates the volitional impulse, the indication to the addressee of the incentive action.

Eстественное право как проблема философской антропологии П.Я. Чаадаева

The authors substantiate the decisive importance of the problems of anthropology and the philosophy of history in Chaadayev's research. The authors argue that the Roman legal tradition linked the concept of "the right of peoples" to the notion of will. Chaadaev considers consciousness as a practical force, the unity of the logical process and volitional act. The creative potential of the individual is realized through the development and updating of historical tradition. The Russian thinker considers the right to familiarize himself with cultural tradition, the right to responsible moral self-determination, and the right to enter the spiritual union of peoples as natural human rights.

Правова природа податку та податкових правовідносин за Конституцією України

Стаття присвячена висвітленню одного з аспектів проблеми конституціоналізації публічних фінансів в Україні, а саме правовій природі податку та податкових правовідносин за Конституцією України. На думку автора, за своєю конституційною природою податок – це насамперед обмеження конституційного права приватної власності, зазіхання на власність у тій мірі, в якій воно зобов’язує до її відчуження. Всебічний захист права приватної власності в Конституції України зумовлений тим, що за майно, яке перебуває у володінні, користуванні і розпорядженні приватних суб’єктів, вони зобов’язані сплачувати податки і збори.У статті аргументується, що норми податкового права відображають свободу держави, інших публічних суб’єктів у податкових правовідносинах, містять вимоги до іншої зобов’язаної сторони (платників податків) про виконання податкового зобов’язання, при цьому зобов’язана сторона перебуває тільки у функціональній залежності від владного суб’єкта й організаційно йому не підлегла. Наголошується, що Конституція України закладає вихідні начала податкової системи України, визначає природу та призначення податку й податкових правовідносин в Україні. Системний аналіз Конституції України (ст.ст. 1, 3, 8, ч. 3 і 4 ст. 13, ст. 67) свідчить, що стягнення не є ознакою податку. Згідно із ст. 67 Конституції України, податки не стягуються і не вилучаються, а те, що стягується, – це вже не податок. Податок є платежем, активною дією і наслідком вольового акту платника податків.&#x0D; Аргументується, що, згідно з Конституцією України, обмеження форм прояву автономії волі суб’єктів податкового права не означає підпорядкування волі одних суб’єктів податкового права владним волевиявленням інших (на відміну від деяких інших публічно-правових галузей, наприклад, адміністративного права). Конституція України, як і Податковий кодекс України, не передбачає податкової субординації.

Transfer of right to claim in obligation (cession)

The article is devoted to consideration essence and order of realization of transfer of right to claim in relative legal relationships (cession). It is defined that in modern juridical literature a cession is principally considered as transfer of claims of a primary creditor (assignor) to a new creditor (assignee) based on a contract. Appropriate result is achieved by separate relationship in which primary creditor is obliged to transfer his right to claim to another person. A result of appropriate juridical operation is complete or partial change of the creditor in primary relationship.&#x0D; It is defined that paragraph 1 of part 1 of article 512 of Civil Code of Ukraine demonstrate that cession is characterized by such signs as: 1) is a volitional act of a person to who belong civil right to claim; 2) is a dealing-nature act. In view of these factors numerous scientist consider contract as main cause for cession.&#x0D; The approach according to which a contract of cession is consensual and recognized as concluded in moment when its participants reconcile all determinative conditions including an object of cession is the most widespread in modern juridical literature. At the same time the author substantiates that appropriate persons can conclude cession contract in real form by using construct of previous contract. It is defined that cession provides singular succession. The acquirer can get creditor’s rights only if it belong to creditor. Singularity also means that acquirer gets only appropriate subjective civil right as a separate object but not all civil rights and obligations of assignor how does it take place for example in succession after a testator.&#x0D; Considering appropriate problem in context of such categories as “foreclosure” and “compulsory alienation” the author defines it possible to increase categorical composition of civil law by term “compulsory cession” which means conduction of cession forcefully, for example by court order which doesn’t provide creditor’s assistance.

La acción nuclear del delito informático en el novísimo código orgánico integral penal

La investigación estableció las consecuencias que apareja el significado de la acción nuclear como elemento sustantivo de carácter penal en los delitos informáticos, previstos en el Libro I de la reciente reforma parcial de la codificación penal sustantiva ecuatoriana (2019). El objetivo consintió en realizar una interpretación en la calificación de la infracción desde el ámbito cibernético. La perspectiva trasciende por el grado de subjetividad de parte del legislador, al prescribir en modo subjuntivo la acción nuclear. El diseño de la investigación se inserta en el paradigma cualitativo, tuvo la característica de ser de tipo factible, en un nivel explicativo y de ordinario el método modelado de comparación constante, el exegético y el de las estructuras lógicas. Su finalidad fue la de explicar el comportamiento de una variable en función de otra. Los resultados proporcionaron comprobaciones como que el Estado ecuatoriano, a través del ejercicio de la acción penal debe operacionalizar en términos exegéticos, la adecuación de la conducta desplegada a los efectos de calificarlo adecuadamente ab initio del proceso penal para la correcta tipificación del delito perpetrado. Como corolario, la exégesis versus la génesis del comportamiento del infractor en consonancia con la consciencia y voluntad del acto volitivo.