Family-friendly employment laws (re)assessed: the potential of care ethics

In light of various reforms in recent years, this article provides a (re)assessment of the broad package of family-friendly employment rights and relevant dispute resolution procedure now available to pregnant workers and working carers. It exposes how the realities of working life for many pregnant workers and carers and the long standing desire to promote gender equality in informal care-work remain at odds with the legal framework. An argument is presented in favour of an approach that, based upon the concept of care ethics, better engages with the impact of the provisions upon crucial interdependent care relationships.

Resilience in crisis reconsidered: the need for values against relativist ethics

The need for a reconsideration of resilience from both a positive and a normative point of view can be discussed using some of the lessons and conclusions drawn from individual resilience studied by psychologists in an educational context. The main point made in this article is that unless we want to approach resilience as a feature which is exogenously given in each population and society and whose dynamics, if any, are not subject to deliberate actions and policies, we need a framework for the evaluation of resilience as a social good. Relying on the hope that resilience is necessarily built in our societies as a force guaranteeing convergence to a socially desirable point of social evolution may be too optimistic and even counterproductive, because it may lead us to an inefficient or biased political and regulatory decision making. When the effect of policies and actions at a national or international level take into account the dynamic effect of such actions on resilience itself, one cannot blindly rely on the goodness of the process any more. This is mainly because resilience is not uniformly embodied in all societies and it does not have a globally positive social value by itself. The issue of socially valuing the options available beyond market-price valuations becomes fundamental in this context.

Critical anthropomorphism and animal ethics

Anthropomorphism has long been considered a cardinal error when describing animals. Ethicists have feared the consequences of misrepresenting animals in their reasoning. Recent research within human-animal studies, however, has sophisticated the notion of anthropomorphism. It is suggested that avoiding anthropomorphism merely creates other morphisms, such as mechanomorphism. Instead of avoiding anthropomorphism, it is argued that it is a communicative strategy that should be used critically. Instances of anthropomorphism in animal ethics are analyzed in this paper. Some analogies made between people and non-human animals in present theories of animal ethics are clear instances of psychological anthropomorphism. Other analogies are implicit cases of cultural anthropomorphism. It is argued that animal ethics needs to take the wider discourse of critical anthropomorphism into account in order to sophisticate the understanding and use of anthropomorphic projections. Anthropomorphism is an efficient tool of communication, and it may be made an adequate one as well.

The rhetorics of violence in Joshua: Foucauldian Power, Israelite Identity, and the Ethics of Interpretation

The goals of this project are manifold. First, I will attempt to discover evidence in the book of Joshua that will lend support to the theory of a Josianic influence enacted in the 7th century BCE. I will do this through an analysis of the rhetoric in selected stories in Joshua using the ideas of Foucault. Second, I will address the significance of this kind of analysis as having potential for the emancipation of oppressed peoples. The first section delineates scholarly discussion on the literary and historical context of the book of Joshua. These scholarly works are foundational to this study because they situate the text within a particular period in history and within certain ideologies. Chapter 2 discusses the work of Foucault and how his ideas will be applied to particular texts of the book of Joshua. The focused analysis of these texts occurs within chapters 3 to 6. Chapter 7 presents an integration of the observations made through the analyses performed in the previous chapters and expands on the ethical significance of this study.

Ethics in a capitalistic society

The problem of semantics is inherent in any discussion of ethics. The general term "ethics" is itself commonly confused. In addition, systems of ethics must be built upon assumptions, and assumptions are necessarily subject to lengthy debate. These two problems are encountered in my investigation of the ethical practices of the modern business community and to remedy the situation I have taken two steps: the first being an attempt to clarify the meaning of terms used therein;-and the second being a clear description of the assumptions utilized to further my analysis. To satisfy those who would disagree with these assumptions, I have attempted to outline the consequences of differing premises. The first assumption in my discussion is that the capitalistic economy is powered by the motivation supplied by man's self-interest. We are conditioned to basing our courses of action upon an orientation toward gratifying this self-interest. Careers are chosen by blending aptitude, interest, and remuneration. of course, some people are less materially inclined than others, but the average member of our capitalistic society is concerned with the physical rewards derived from his employment. Status and happiness are all-important considerations in pursuing a chosen course of action, yet all too often they are measured in physical terms. The normal self-interest natural to mankind is heightened in capitalism, due to the emphasis placed upon material compensation. Our thinking becomes mechanistic as life devolves into a complex game played by the rules. We are accustomed to performing meaningless or unpleasant duties to fulfill our gratifications. Thought, consequently, interferes with the completion of our everyday routines. We learn quickly not to be outspoken, as the outspoken one threatens the security of his fellow man. The majority of the people are quite willing to accept others views on morality, and indeed this is the sensible thing to do as one does not risk his own neck. The unfortunate consequence of this situation has been the substitution of the legal and jural for the moral and ethical. Our actions are guided by legal considerations and nowhere has this been more evident than in the business community. The large legal departments of modern corporations devote full time to inspecting the legality of corporate actions. The business community has become preoccupied with the law, yet this is necessarily so. Complex, modern, capitalistic society demands an elaborate framework of rules and regulations. Without this framework it would be impossible to have an orderly economy, to say nothing of protecting the best interests of the people. However, the inherent complexities, contradictions, and sometimes unfair aspects of our legal system can tempt men to take things into their own hands. From time to time cases arise where men have broken laws while acting in good faith, and other cases where men have been extremely unethical without being illegal. Examples such as these foster the growth of cynicism, and generally create an antagonistic attitude toward the law on the part of business. My second assumption is that the public, on the whole, has adopted an apathetic attitude toward business morality. when faced with an ethical problem, far too many people choose to cynically assume that, if I don't do it someone else will. "The danger of such an assumption lies in that it eliminates many of the inhibitions that normally would preclude unethical action. The preventative factor in contemplating an unethical act not only lies in it going against the "right course of action", but also in that it would display the actor as one of the few, immoral practitioners. However, if the contemplator feels that many other people follow the same course of action, he would not feel himself to be so conspicuous. These two assumptions underly my entire discussion of modern business ethics., and in my judgment are the two most important causal factors in unethical acts perpetrated by the business community. The future elimination of these factors seems improbable, if not futile, yet there is no reason to consider things worse than they ever have been before. The heightened public interest in business morality undoubtedly lies in part in the fact that examples of corporate malpractice are of such magnitude in scope, and hence more newsworthy.

A Defesa Judicial do Estado Brasileiro nas Varas Federais

There is no information whatsoever of a society in which there are no demands among private people and companies, among individuals and institutions, varying only the tenor and the intensity of the issues. It would be ideal if conflicts could be solved in common aggreement. The selfcomposition, yet, does not often occurr; leaving the remaining issues for a third part, i.e., the State. Up to the English and French Revolutions, political power was exercised by limitless governors and the State did not submit to the law. After those revolutions, rules are agregated to curb Absolutism and organize the State, which starts to acccomplish its duties under the law, i.e., a Law State. As a result, today, the individual can sue the State to make the State perform or not any undesirable action. In this dissertation, one traces back from the very beginning the role of the institutions in charge of defending the State in courts of law. The judicial defense of the Brazilian State in a court of law, since 1608 to the 1988 Constitution, was a role of the Public Ministry, along with other institutional functions, including prosecution. As a consequence of this ambivalence, the results of the State defense came even to be contradictory. The promulgation of the 1988 Federal Constitution adjusted this historical dualism. The 1988 Constituent embodied significant change to the concept and operationalization of a State Advocacy, confering to a new institution , which was called 'Advocacia Geral da União' or 'General Advocacy of the Union' (article 131), the judicial and extrajudicial representation of the Union. The final object of the reflections of this study is centred on the analysis of the activities of the 'General Advocacy of the Union', in its first years of functioning, in other words, from 1993 to 1999

Terceirização: exercício de atividades de representação judicial e de consultoria jurídica nos municípios paulistas

Constitui objetivo específico desta investigação verificar como, na prática, se desenvolvem as atividades de representação judicial e de consultoria jurídica dos municípios dentro do estado de São Paulo.