Spirals of Mutuality: Love, Nonviolence and Service

FORUM ◽  
2009 ◽  
pp. 31-44
Author(s):  
Aggarwal Suman Khanna

- In this shortened version of her plenary lecture given at the IAGP Conference in Sao Paulo in July 2006, Suman Khanna Aggarwal reflects on the idea that the welfare of every single individual or group is indissolubly intertwined with that of others and that peace is the common goal of all people and all groups. Since we are all individuals who have differing points of view, conflict often occurs at all levels of human interaction though conflict per se is not a problem; the problem is the method of conflict resolution which can be either violent (bad) or nonviolent (good). It is thus important to understand why we must choose nonviolence to resolve conflict. Gandhi maintains we must choose it because, ‘The Law of Nonviolence which is The Law of Love is the Law of Our Species'. This lecture analyses what constitutes love and transfers this analysis to nonviolence. Once we see how they are related we can start connecting effectively with others.

1929 ◽  
Vol 3 (3) ◽  
pp. 376-397
Author(s):  
W. T. S. Stallybrass

It is perhaps true that one of the most important moral qualities of a man, especially an undergraduate, is a knowledge of where to ‘draw the line’; it is certainly true that one of the most essential parts of a lawyer's equipment is the capacity for drawing distinctions correctly. The whole framework of the law is based upon distinctions, and the drawing of false distinctions is as disastrous as is the failure to draw those that are based upon sound reasoning. It is the object of this article to consider, very tentatively, two distinctions which have been introduced into the common law relating to injury done to others by the property of the defendant: in the first place, the distinction between those things which are dangerous per se and those things which are dangerous sub modo, and in the second place, the distinction between the natural and the non-natural user of land. I shall then endeavour to consider the relation of these two problems to each other. But there will be no attempt to state the nature or extent of the liability that arises; for example, I shall not consider the true nature of the rule in Rylands v. Fletcher or the extent of the duty owed by him who deals with dangerous chattels, though some light may incidentally be thrown upon such matters.


2015 ◽  
Vol 117 (11) ◽  
pp. 1-32
Author(s):  
Charles Munter ◽  
Mary Kay Stein ◽  
Margaret S. Smith

Background/Context Which ideas should be included in the K–12 curriculum, how they are learned, and how they should be taught have been debated for decades in multiple subjects. In this article, we offer mathematics as a case in point of how new standards-related policies may offer an opportunity for reassessment and clarification of such debates. Purpose/Objective Our goal was to specify instructional models associated with terms such as “reform” and “traditional”—which, in this article, we refer to as “dialogic” and “direct”—in terms of perspectives on what it means to know mathematics, how students learn mathematics, and how mathematics should be taught. Research Design In the spirit of “adversarial collaboration,” we hosted a series of semi-structured discussions among nationally recognized experts who hold opposing points of view on mathematics teaching and/or learning. During those discussions, the recent consensus regarding what students should learn—as represented by the Common Core State Standards for Mathematics (CCSSM)—was taken as a common goal, and additional areas of agreement and disagreement were identified and discussed. The goal was not to reach consensus but to invite representatives of different perspectives to clarify and come to agreement on how they disagree. Findings/Results We present two instructional models that were specified and refined over the course of those discussions and describe nine key areas that distinguish the two models: (a) the importance and role of talk; (b) the importance and role of group work; (c) the sequencing of mathematical topics; (d) the nature and ordering of mathematical instructional tasks; (e) the nature, timing, source, and purpose of feedback; (f) the emphasis on creativity (i.e., authoring one's own learning; mathematizing subject matter from reality); (g) the purpose of diagnosing student thinking; (h) the introduction and role of definitions; and (i) the nature and role of representations. Additionally, we elaborate a more nuanced description of the ongoing debate, as it pertains to particular sources of difference in perspective. Conclusions/Recommendations With this article, we hope to advance ongoing debates in two ways: (a) discrediting false assumptions and oversimplified conceptions of the “other side's” arguments (which can obscure both the real differences and real similarities between different models of instruction), and (b) framing the debates in a manner that allows for more thoughtful empirical investigation oriented to understanding learning in the discipline.


2019 ◽  
Vol 48 (4) ◽  
pp. 191-207
Author(s):  
Abdul Majid ◽  
Sri Yogamalar ◽  
Audrey Kim Lan Siah ◽  
Jane L Y Terpstra-Tong ◽  
Luc Borrowman

In a landmark case in 2016, Malaysia’s apex court, the Federal Court, explicitly recognised for the first time, the common law tort of sexual harassment. Actually, the Federal Court did more than that; its recognition of the common law tort of sexual harassment is built on its recognising the common law tort of harassment. The recognition of the tort of harassment has escaped notice because attention has been concentrated on the tort of sexual harassment. This article analyses the Federal Court’s exposition of the tort of sexual harassment to reveal that the exegesis itself acknowledges the existence of the tort of harassment per se. The tort of harassment that the Federal Court sent out into the world is largely a creature of its English common law ancestry.


2018 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


2017 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


2014 ◽  
Vol 4 (2) ◽  
pp. 71-82
Author(s):  
Yvonne Wang

This article argues for the importance of a dialogue for strategic engagement and presents an analytical approach to it with reference to three different peacebuilding strategies in terms of conflict resolution theories. As a case study example, the article presents three religious organizations engaged in peacebuilding in Jerusalem and explores the different strategies utilized by them. The article further argues that each single strategy possesses a danger of going wrong, at the same time as each single strategy is a vital component as part of a parallel process along with the others – to achieve the common goal of conflict transformation.


2018 ◽  
Author(s):  
David von Mayenburg

The Peasants' War of 1525 has rarely been perceived as a problem of legal history. The conflict between the peasants and their masters is interpreted as a political dispute, the peasants' demands, expressed in their 12 articles, are considered religious utopia. The book challenges this view and examines the role of law in the context of the Peasants' War from different points of view: Can the conflict be described as a dispute about legal positions? How did the peasants perceive the law and how did the law perceive the peasants? What opportunities and risks did the law hold for the pursuit of lasting conflict resolution? An exemplary consideration of the dispute over the drudgery services proves the central importance of the law for the history of the Peasants' War.


2018 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


2018 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


2018 ◽  
pp. 27-49 ◽  
Author(s):  
H. D. Kurz

The paper celebrates Karl Marx’ 200th birthday in terms of a critical discussion of the “law of value” and the idea that “abstract labour”, and not any use value, is the common third of any two commodities that exchange for one another in a given proportion. It is argued that this view is difficult to sustain. It is also the source of the wretched and unnecessary “transformation problem”. Ironically, as Piero Sraffa has shown, prices of production and the general rate of profits are fully determined in terms of the same set of data from which Marx started his analysis.


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