To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
The Feyerabend lectures on natural right is Kant’s first clear statement of a view on punishment that balances retributivist and deterrence concerns. Kant’s earlier views, shown by other course lectures on ethics, were largely focused on deterrence. As Kant developed his view of human autonomy, he shifted his reasoning about punishment to include concern for the honor and dignity of the victim as well as the criminal, including right of criminals to be treated no worse than they treated others.
An initial glance at the intricate web of the English legal system may perceive human rights and private law as paths leading to different realms. In this vision, contract law, shaped by economic concerns, is confined to a role of enforcing agreements. Yet, given ageing population trends and the increase in the number of people with mental health conditions, such as dementia, entering into grossly asymmetrical contracts, we must re-assess the lens through which we perceive contract law. This book calls for a re-examination of the role of contract law in light of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), insisting on an approach that responds to both economic and social concerns. The book aims to contribute towards bridging the areas of disability equality and contract law, questioning the compatibility of key principles and doctrines in contract law with UNCRPD values, including autonomy and human dignity.
This chapter introduces the vision of contract law adopted in this book, based on two concentric spheres: an inner sphere encompasses an economic realm rooted in values such as freedom and sanctity of contract, reflecting a non-interventionist approach that can accommodate imbalanced transactions and an outer sphere shaped by public policy concerns, which embodies social values such as the protection of relational autonomy and human dignity. The chapter justifies the structure of the book, the choice of legal frameworks examined, as well as the relevance of this study for disability equality and contract legal research.
This chapter highlights the interconnection between economic and social values in the contractual realm, rooted in a perception of people as holder of rights and a broad interpretation of autonomy and human dignity that looks beyond individualistic values. With a focus on grossly asymmetrical contracts, it promotes an understanding of vulnerability in the contractual context based on the circumstances of the transaction, rather than on people’s medical conditions. The chapter reflects on the merits and drawbacks of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) as a potential benchmark for promoting a vision of contract law that responds to both economic and social concerns and recognises the equality of all human beings. The second part considers how English contract law could be brought closer to the equality vision promoted by the UNCRPD, proposing an understanding of the contractual realm based on concentric economic and social spheres, shaped by fluid boundaries, and reflecting on the relevance of contract law as part of a broader set of measures to ensure a fairer society.
This chapter brings together the idea of bridges between economic and social concerns. The discussion reinforces the need to recognise the outer sphere of contracting in holding these connections together, recognising the role of contract law in protecting both economic values (including freedom and sanctity of contract) and social values (including relational autonomy and human dignity). A suggested path to succeed in these endeavours is to embrace the idea of complementarity in contract law, which enables us to accept the coexistence of ideas that may appear, initially, to be mutually exclusive. The idea of complementarity in contract law enables us to see economic and social values not as antagonistic, but as coexisting parts of interconnected spheres.
The human being is freely ‘self-determined’ rather than determined through some external authority (whether theological or teleological). This dichotomy conveniently expresses the usual understanding of modern political thought’s divergence from preceding tradition. By comparison, pre-modernity is teleological, anthropomorphic, realist; in a word, naïve – with its substantively rational nature, dictating essential ends to which we are subject. These received truths are past due for a re-examination. Just how naïve or dogmatic was the Greek understanding of freedom and nature? In this chapter, I argue that Plato’s view of man as naturally political is more complex and multivalent than our historical categorizations allow. Nevertheless, there is a sense in which, for him, politics does indeed depend upon a natural model. That model, however, is the Idea of the Good. And here, where Plato seems furthest from us, lies his greatest challenge to contemporary understandings of nature and freedom.
In this chapter, I argue that a comprehensive picture of Platonic autonomy must be balanced by attention to mutual interdependence and the ways that ideas arise through interpersonal dialogue. Philosophical ideas arise in a social context, and to this degree, even ideas that are now ‘my own’ have come to be mine in part through the reasoning of other persons. Moreover, as a result of human fallibility, even the fully developed Platonic philosopher still requires conversational partners to both learn and to test out ideas. Rather than overvaluing self-sufficiency, a philosophical life includes being open to challenges to one’s ideas, tolerating a state of not knowing fully, and learning that one needs others due to the limits of individual reasoners.
This chapter analyzes the Republic’s theory of the tripartite soul regarding the question of self-rule and autonomy. Only when the soul is in the ideal position of having reason positioned as sovereign ruler can a person be seen as acting autonomously. But it is not clear that when reason rules, it also motivates actions. Christine M. Korsgaard has argued that personal decision-making should be seen as analogous to political decision-making. She conceives of political decisions as a process where requests for action spring from the people, while rulers suffice to say yes or no. This chapter claims that this analysis is inadequate as a theory of how Plato portrays the relationship between the parts of the soul and of decision-making in general, and offers an alterantive interpreation in terms of what is called the Complex Model of Decision-Making.
The third bridge is explored in chapter five and focuses on the connection between constitutional values and private law. The analysis concentrates on the values of autonomy and human dignity and their interplay with the principle of freedom of contract in English contract law. The discussion also reflects on the link between the UNCRPD, the European Convention on Human Rights (ECHR), the Human Rights Act (HRA) 1998, and English contract law, and suggests that rather than looking for a seamless bridge that links the UNCRPD directly with English contract law, we should look for steppingstones connecting the UNCRPD, the ECHR, the HRA and domestic private law. This chapter also discusses the values of participation and inclusion, with a focus on the idea of influence vulnerability explored in the previous chapter, and reflects on the need to enhance the influence of persons with disabilities and DDPOs in shaping legislative developments in English law, including consumer contract law.
It is natural to see in the Republic’s concern with self-mastery a Platonic account of autonomy. But Plato’s understanding of self-rule in the Republic has more to do with cognition, and rather less to do with independent agency. Indeed, in the ethically motivated epistemology of the Republic, it is aiming at ideal knowledge that transforms one ethically and engenders many of the features centrally associated with the notion of ‘autonomy’. Being able to explain reality independently makes one independent of the illusions and confusions caused by pleasure, pains, and public pressures, and even restructures the desires, pleasures and other affects liable to arise. Moreover, the ability to give accounts is what makes us accountable to one another for our cognitive condition — and for the judgements, feelings and actions based on this.
Complex, knowledge-intensive projects present challenges in terms of defining the work and determining roles. Time pressure makes these challenges more acute. External leadership can provide necessary direction and shape, giving the work a clear focus guiding the team’s efforts. With hackathons and rapid product prototyping more feasible than they ever have been, collaborations that fast-track innovation by drawing together teams of unfamiliar experts are more common than ever.
Method
Drawing on the process perspective on creative action, we seek to understand the generation of new ideas and solutions when teams are working within an extremely brief time frame of one week. The influence of mentors on these interactions has received limited attention. We fill this gap through a study of fifteen case teams who participated in a week-long boot camp where they generated proposals for public health studies, guided by mentors who were experts in the field. The teams’ proposals were evaluated by independent panels, and the evaluations provided metrics for team success.
Results
Our results suggest that even in short-term teams, the timing of mentor interventions is critical to team success.
Workplace exclusion – often subtle and difficult to detect – significantly contributes to employee disengagement and turnover, costing US organizations over $1 trillion annually. This study examines how exclusionary behaviors (EBs) influence turnover intentions (TOIs) through disruption of psychological needs, using Rock’s SCARF model (Status, Certainty, Autonomy, Relatedness, Fairness) and self-determination theory. A two-wave survey of full-time US employees (N = 277) assessed EB, SCARF-based need satisfaction, and TOI. Partial least squares structural equation modeling revealed that EB significantly undermines all five SCARF domains, but only fairness and status mediated the EB–TOI link. Certainty, autonomy, and relatedness did not have significant effects. These findings suggest turnover risk intensifies when employees feel unfairly treated or socially devalued, rather than merely disempowered or disconnected. The study advances theoretical integration between SCARF and SDT and offers practical guidance for managers seeking to reduce attrition by fostering inclusive, respectful, and psychologically safe workplace environments.
State consent is the primary mechanism by which international legal rules are generated and amended and by which states undertake legal obligations. The focus on state consent is celebrated for its strong protection of state sovereignty and for expressing the will of states. The main purpose of this article is to raise some doubts about this understanding of the value of state consent. I argue that far from protecting state sovereignty, unrestricted state consent can undermine it. I show that it is false to think that the virtually unlimited freedom to act protected by state consent safeguards state sovereignty in an environment in which every other state possesses the same unlimited freedom to act. I suggest one possible way of reconceiving state consent in line with existing trends in international law to increase the scope of nonconsensual mechanisms for making international legal rules.
The emerging awareness of self and other, especially with regard to compatible and conflicting aims, opens up dramatic new meanings for the toddler. Being able to be deliberately contrary gives the child experience with disruption and repair of the relationship and lets them explore the boundaries of appropriate behavior. The toddler also has a beginning capacity to control impulses and manage behavior, but doing this adequately requires continued scaffolding and guidance from parents. Meanings surrounding parental reliability brought forward from infancy impact how readily children now accept parental guidance. At the same time, clear, firm, and warm guidance can increase the child’s confidence regarding parents. This is how the transactional model works.
The issue of whether technology is inherently motivating for learners and teachers has often been discussed in the literature around computers and language learning. Yet, there is more to this relationship than initially meets the eye. This chapter outlines the ways in which symbolic power plays a part in both personal and institutional motivations for the adoption of technology. The chapter also looks at the way motivation is often credited as a key to success, though rarely with much empirical evidence. Finally, the article takes on a practitioner’s viewpoint to share several motivational techniques that can assist with practice and research.
Literacy is the ability to make use of visible language, and it is fundamental to language education. This chapter focuses on what teachers should know about digital technologies but begins with broad background and context related to multiliteracies, metaphors, and cultural dimensions of technology use. It then focuses on four key areas where teachers play an important role in the development of their students’ language and literacy abilities via technology: autonomy, mobility, creativity, and communities. It then discusses two controversial areas of current pedagogical research and practice: artificial intelligence and machine translation. It concludes with a call for greater attention to two additional areas highly relevant to language development: literacies related to film and digital communication in the context of study abroad.
To investigate levels of knowledge and attitudes towards advance healthcare directives among inpatient psychiatry service users in Ireland.
Methods:
A survey was completed among adult inpatient psychiatry service users (n = 47) in Tallaght University Hospital, Dublin.
Results:
Just over one in ten (11%) inpatient psychiatry service users had heard of advance healthcare directives. None had created an advance healthcare directive, but over a quarter (25.5%) had written down or verbally told someone what they would like to happen when they became unwell. When asked ‘if you were supported by your healthcare provider to make an advance healthcare directive, would you like to make one?’, over two thirds responded either ‘definitely yes’ (34%) or ‘probably yes’ (34%). On multi-variable testing, future willingness to make an advance healthcare directive was significantly associated with younger age but not with ethnicity, gender, education, employment status, or prior knowledge of advance healthcare directives. All respondents would involve someone else in making an advance healthcare directive. There was high confidence that healthcare practitioners would respect an advance healthcare directive (87%).
Conclusions:
There are high levels of interest in advance healthcare directives, but low levels of knowledge and use among inpatient psychiatry service users in Ireland. Our findings indicate a need for educational initiatives and resources to increase awareness. Such efforts could usefully focus especially on appropriate use of advance healthcare directives in psychiatric care and seek to bridge the gaps between evidence of benefit, legislative reform, and their use in mental healthcare.
What is persuasion and how does it differ from coercion, indoctrination, and manipulation? Which persuasive strategies are effective, and which contexts are they effective in? The aim of persuasion is attitude change, but when does a persuasive strategy yield a rational change of attitude? When is it permissible to engage in rational persuasion? In this paper, I address these questions, both in general and with reference to particular examples. The overall aims are (i) to sketch an integrated picture of the psychology, epistemology, and ethics of persuasion and (ii) to argue that there is often a tension between the aim we typically have as would-be persuaders, which is bringing about a rational change of mind, and the ethical constraints which partly distinguish persuasion from coercion, indoctrination, and manipulation.
In this chapter of Complex Ethics Consultations: Cases that Haunt Us, the author encounters a 50-year-old woman who is requesting her arm be amputated to alleviate her complex regional pain syndrome. This is not a usual indication for an amputation, but a surgeon is willing to offer the procedure. The author attempts to bring about clarity even in the face of uncertainty. Moral distress played a substantial role in the consultation.