This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

From the 1990s, during and after the post-communist transitions in Eastern Europe, different self-help texts advancing spiritual or personal well-being continue to be a highly popular discourse in Slovenia. In this article we examine the appropriation of self-help discourse in one of Slovenia's most influential management magazines, Manager. On the basis of a critical discourse analysis of Manager's articles, we argue that the magazine predominantly uses spiritual self-help vocabulary and accordingly transforms definitions of basic business vocabulary. It offers a spiritual (...) self-growth discourse as a solution to any current management or social problems and in doing so supports the liberal capitalism. This discourse attempts to advise managers as to how to adapt to the new competitive business environment. It furthermore promotes the belief that solely spiritual self-growth will help managers and their business partners to resist political and economic barriers and assure the business success in times of global corporate `survival'. (shrink)

In this paper, I critically analyze Andrea Sangiovanni’s approach to international justice in the EU that he labels Reciprocity-based Internationalism (RBI). I aim to show that the type of reciprocity RBI operates with is not a morally attractive ground for distributive justice because it cannot cope with the case of member states’ inability to reciprocate the production of collective goods at the EU level. I illustrate this with the case of disability. I contrast RBI’s understanding of reciprocity with Christie Hartley’s (...) ‘relationship model’. I argue that the relationship model of reciprocity should characterize the EU, whose two core normative features are fraternity and equal status. The advantage of the relationship model is that it calls for a stronger type of solidarity than RBI does. That not only entails the willingness to support those worse-off members that cannot productively reciprocate other member states’ efforts at the EU level but also calls for a higher redistribution rate within the EU. In the paper, I make three comparisons between RBI’s ‘productive reciprocity’ and the relationship model. The first concerns non-EU-integration-related disadvantages; the second concerns membership cases, such as accession to federations and supranational unions, while the third comparison examines EU-integration-related disadvantages. I argue that the relationship model is a better alternative to RBI in both integration-related and non-integration-related disadvantages. Also, the relationship model can justify accession cases where previous historical ties are relevant, which are outside of the purview of RBI. (shrink)

The special rights and responsibilities of the great powers have traditionally been treated as a key component – even a primary institution – of international society in the English School literatu...

This article shows that we can identify a subset of religious and cultural accommodation cases that follow the structure of a particular disability model: the Human Variation Model. According to this model, disadvantageous disability arises because most social arrangements are tailored to the needs of individuals with typical characteristics; people with atypical features are frequently left out from these arrangements. Hence, the latter need personalised resources tailored to them, or their social and/or material environment ought to change according to their (...) atypical characteristics. I argue, however, that not everyone's claim stemming from an atypical characteristic merits accommodation – it would be simply unreasonable to provide personalised resources to everyone or modify the environment to accommodate everyone's needs. In other words, these human variation claimants must be ‘reasonably accommodated’. Nevertheless, members of certain social groups have a justifiable claim to receive such accommodation and those in religious and cultural groups could be among them for two specific sociological reasons. (shrink)

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

Stress-related psychopathology is on the rise, and there is a pressing need for improved prevention strategies. Positive appraisal style, the tendency to appraise potentially threatening situations in a positive way, has been proposed to act as a key resilience mechanism and therefore offers a potential target for preventive approaches. In this article, we review n = 99 studies investigating associations of positive cognitive reappraisal, an important sub-facet of positive appraisal style, with outcome-based resilience and relevant other outcomes, which are considered (...) resilience-related. According to the studies reviewed, positive cognitive reappraisal moderates the relation between stressors and negative outcomes and is positively related to several resilience-related outcomes. It also mediates between other resilience factors and resilience, suggesting it is a proximal resilience factor. (shrink)

Ovaj rad predstavlja preispitivanje Makijavelijevog makijavelizma, odnosno stanovista da je Makijavelijeva politicka teorija imoralisticka. Prvi deo rada posvecen je poredjenju Platonove i Makijavelijeve politicke filozofije. U njemu se analiziraju slicnosti i razlike u delima ova dva filozofa. Autor zastupa tezu da su Platonova shvatanja politike i politicke zajednice pogubnija od Makijavelijevih, kao i da je Makijavelijevo razumevanje politike, drzave i zakona blize nacelima liberalizma, nego nacelima tiranije ili totalitarizma. Drugi deo rada posvecen je tumacenju koncepta autonomije politike i koriscenju svireposti (...) i zala kao instrumenata vladavine u Makijavelijevom delu. U ovom delu autor porice da je Makijaveli bio filozof zla i zastupnik politickog razbojnistva. (shrink)

Yoruba Idealism t questions, debates, and redefines the assumed epistemology in Yoruba Idealism. It is a work in two parts. The first is built around a study of divinity-philosopher Orunmila, the mentalist, the father of Yoruba idealism, and the cultivator of Ifa-Ife Divination. This project, the first of its kind, sheds a new light on the nature of Yoruba culture. The author's central argument is that the Yoruba people are idealists by nature. Combining indigenous knowledge with the wisdom of Orunmila, (...) the author defines Yoruba idealism as the ideal purpose of life, the search for the meaning of life, and a yearning for the best in life. The second part, 'The Mystic Land: Path to Initiation and Idealism,' features Kinedi, a fifteen-year-old boy from Las Palmetto, the capital of Zala, who journeys to the Altar of Light and Idealism in order to be initiated, gain knowledge, and comprehend the value of idealism, in addition to obtaining the key of life. This book is the first of its kind, and an important new addition to the series Africa in the Global Space. (shrink)

Kokie veiksmai yra kognityviškai raiškiausi, labiausiai prototipiški moralės transgresijų pavyzdžiai? Deja, šiuo metu yra labai nedaug tyrimų, siekiančių sistemiškai nagrinėti šį klausimą. Šiuo straipsniu siekiame prisidėti prie šio klausimo sprendimo pristatydami preliminarius tyrimo duomenis apie tai, kurie veiksmai tyrimo dalyviams lietuviams buvo raiškiausi. Pirmajame tyrime pritaikius kognityvinės antropologijos metodus buvo nustatyti tyrimo dalyviams iš Lietuvos raiškiausi moralinių transgresijų atvejai. Antrajame tyrime dalyvių buvo prašoma šiuos veiksmus suskirstyti į kategorijas, paimtas iš Haidto moralės pagrindų teorijos. Paėmus kartu, šie tyrimai suteikia preliminarių (...) duomenų, paremiančių idėją, kad labiausiai kognityviškai raiškioms moralės transgresijoms būdinga tai, kad jos susijusios su žala ir šiek tiek mažiau – su neteisingumu. Rezultatai aptariami skirtingų moralės sritį aprašančių teorijų kontekste. (shrink)

Legal acts of the Republic of Lithuania establish several types of material liability of workers engaged in labour (professional) relations: material liability applied pursuant to the Labour Code of the Republic of Lithuania (hereinafter referred to as the LC) and material liability applied pursuant to the Law on Public Service of the Republic of Lithuania (hereinafter referred to as the LPC). In the present article, theoretical and practical aspects of material liability of Lithuanian public servants for material damage caused are (...) analysed. The authors of the article study the conditions for the application of the material liability and identify the main circumstances that must be determined in applying this type of legal compulsion. Furthermore, the authors investigate the relation between the material and disciplinary liabilities, study the limits of the application of labour law norms (that regulate material liability of employees) and civil law norms (regulating personal civil liability) in professional legal relations, identify the means and procedure for solving disputes arising in the application of the material liability. Practical mistakes in the application of the material liability of public servants and violations are analysed on the basis of a rather sparse case-law of the Supreme Administrative Court of Lithuania related to the material liability. (shrink)

This article analyses the legal basics of the Member States liability in damages for the breach of European Union law and the conditions for liability. It is emphasized that the Member States liability in damages for the breach of European Union law has three different grounds—one direct legal background (Article 4 of the Treaty of the European Union) and two indirect basics—principles of direct effect and that of effectiveness of European Union law. The author subsequently examines the content of each (...) condition for liability established in the practice of the Court of Justice of the European Union —the intention of the rule of European Union law infringed to confer rights on private parties, the sufficiently seriousness of the breach and the direct causal link between the breach and the damage. It is stated that in order to prove that a Member State is liable for the breach of European Union law, one more condition for liability should be established—a private party must prove that he has incurred particular damage. It is also highlighted that the second condition for the Member States liability in damages for the breach of European Union law —sufficiently seriousness of the breach—restricts the right of a private party to obtain compensation. (shrink)

This article analyses that state responsibility in international law is contractual liability, as a state infringes its obligations to another state (states), stemming out of international law. Member State liability in damages to a private party for breach of European Union law is, contrarily, non-contractual liability to a private party. Having analysed the elements of internationally wrongful act, it is stated that the elements of internationally wrongful act can be used to determine the elements of breach of the European Union (...) law. Thus if an international court declares that a state committed an internationally wrongful act, it would be possible to maintain that the elements of breach of the European Union law are met as well. The author of this article notes that it is very important to identify a particular state institution, which has infringed the European Union or international law, as not attributing to the state the acts of the state institution under the European Union or international law, there should be no possibility to apply state liability in damages to a private party for breach of the European Union law or state responsibility in international law – the state can be liable only for acts of its institutions. This article also analyses the cases where application of both Member State’s liability in damages to a private party for breach of the European Union law and state responsibility in international could be possible. In such case a private party can suffer damages if a Member State breaches an international agreement, concluded by the European Union, imposing particular obligations on that Member State. Therefore, it is ascertained that a private party should not have to prove the second condition of liability – sufficient seriousness of the breach1 – if an international court foremost states that a Member State commited an internationally wrongful act – breached its obligation arising out of an international agreement entered into by the European Union. Such an infringement would be considered to be as sufficiently serious per se. (shrink)

In tort law, including Lithuanian tort law, damage usually is divided into two types: pecuniary and non-pecuniary damage. The concept of non-pecuniary damage has recently become a focus of attention of Lithuanian legal researchers. However, it has to be noted that the issues related to the concept of pecuniary damage remain scarcely analysed. As a result, the unique type of pecuniary damage, i.e. the damage of purely economic character, has received no attention whatsoever in Lithuanian tort law. It is usually (...) believed that the defence of the values of purely material character fall into the sphere of contractual law, while tort law is not concerned with the protection of these values. However, in the course of the development of social relations it has become apparent that in the present-day society personal financial losses have become equally important to the cases of actual damage to a person or a property. On the other hand, the fear to overextend the limits of tort law and, thus, limit the persons’ freedom to act, coupled with the different nature of the values protected by tort law provide grounds for the position that relatively abstract financial interests and absolute values or relative personal values should be protected in different ways. Referring to the doctrine and practice of foreign countries as well as the results of the analysis of Lithuanian positive law and court practices, in this article we aim at giving an answer to the question of where and how the ambit of protection under the tort law in the cases of damage of purely economic character should be defined. (shrink)

The present article is aimed at dealing with certain questions of compensation for damage, caused by the criminally insane person. Disposal of a civil action on compensation for damage, caused by the criminally insane person, in the criminal procedure is analyzed in the first part of the article. The subjects, who are responsible for compensating for damage, caused by the criminally insane person’s deed, are dealt with in the second part. Not only the respective rules of law, stated in the (...) Civil Code of the Republic of Lithuania and in the Criminal Process Code of the Republic of Lithuania, are systemically analyzed in the present article, but the court practice is considered from the aspect of the items, which are relevant to the theme under investigation, and is systematized. (shrink)