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Fundamentals of Logic and Legal Concepts

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The General Principle of Contradiction

Two contradictory statements cannot both be true. In the legal principle, two conflicting legal norms may not both be valid.

Logic

It is the science of thinking, that is, studying the structures of thought.

Divisions of Logic

  • Formal Logic: ("minor logic") The formal study of science; it teaches the rules necessary for correct reasoning.
  • Material Logic: ("major logic") Examines the material conditions of science and discusses or addresses reasoning based on the principles on which it depends.

Principle of Identity: In every true judgment, the subject concept is identical to the predicate concept.

Principle of Contradiction: Two contradictory judgments cannot be true at the same time and under the same aspect.

Principle

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Ethical Theories: Consequentialism, Egoism, and Kantianism

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Ethical Theories

An ethical theory is a systematic set of rational ideas about morality. Ethical theories try to identify and substantiate what is good, right action, duty, virtue, responsibility, and moral merit. They propose and justify moral conduct, especially in new situations or problems. Normative theories, which are the majority, are divided into two groups: mandatory and theories of virtue. The first answers the question: "What should I do?" and the second answers "What kind of person should I be?" In turn, the overriding theories fall into consequentialist theories and theories of duties. The first places importance on the results and consequences of actions, and the latter denies that good consequences are what makes an action right... Continue reading "Ethical Theories: Consequentialism, Egoism, and Kantianism" »

Kant's Categorical Imperative: A Foundation for Moral Duty

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Kant's Categorical Imperative

Moral Materials and Universal Duties

Moral materials lack the power to support universal duties. While containing universal moral laws, they only offer maxims that cannot oblige everyone. Formal moral imperatives, however, contain no specific material. They consist of a single imperative defining the form of any moral imperative: universality.

The Categorical Imperative

Duty is a categorical imperative because it is unconditional. It is formal, expressing only the form of action, not its content (which would make it material). Kant's moral imperative is therefore: 1) formal, 2) categorical, and 3) singular. Furthermore, it is 4) rational and 5) a priori, derived from pure reason, independent of experience.

Formulations

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Reason vs. Passion: Understanding the Human Mind and Its Driving Forces

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Reason vs. Passion: Understanding the Human Mind

In the realm of the human mind, it is possible to distinguish two major classes of processes. The first class is characterized by the ego seeing itself as a subject agent. In this state, the "I" actively assents to propositions, adopts beliefs, and makes conscious decisions. The second class of processes is characterized by the "I" seeing itself as a subject patient. Here, the "I" does not feel as though it is choosing its desires, feelings, or thoughts. Instead, these desires, emotions, and feelings seem to arise spontaneously within, as if they are being suffered.

Believing, remembering, imagining, judging, etc., are deliberate processes in that the "I" chooses whether or not to engage in them.... Continue reading "Reason vs. Passion: Understanding the Human Mind and Its Driving Forces" »

Plato's Dualism: Sensible World vs. World of Forms

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The Platonic Conception of Ideas

For Plato, ideas are substantial in nature. Ideas are not produced by independent thought and do not arise from things. Ideas are independent because they have semantic consistency; that is, they have their own meaning no matter what we decide, and when someone knows an idea, it is called the same (because the thought when he sees it is the same), and universal ideas do not arise from particular things.

For Plato, the world is full of thinking beings and things, but as ideas do not come from them, the ideas have to be in another world. He says that in the sensible world, things are finite, mutable, unintelligible, and individual, and this is where we are. While in the world of ideas, things are infinite, immutable,... Continue reading "Plato's Dualism: Sensible World vs. World of Forms" »

Understanding Key Concepts: Impulses, Feelings, and Moral Ethics

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Core Concepts: Impulses, Feelings, and Moral Ethics

This document outlines fundamental concepts related to human behavior, emotions, and ethical frameworks.

Impulses and Feelings

  • Impulses: Involuntary actions that drive us to act.
  • Feelings: Emotional attitudes, both positive and negative.

Reason and Will

  • Reason: The faculty that allows us to use our intelligence to anticipate consequences.
  • Will: The faculty by which we make decisions and strive to align our actions with our desires.

Personality and Temperament

  • Personality: The psychological set of features that define us as individuals.
  • Temperament: A psychological component of personality derived from our inherent nature.

Values and Standards

  • Value: A principle we hold in high esteem and strive to uphold.
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Employment Contract Termination and Payroll Calculation

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Settlement Concepts on Contract Completion

  • Days worked this month.
  • Proportion of uncollected bonuses.
  • Leave not taken.
  • Allowances, if any.
  • In case of breach of the notice period, the amount corresponding to it.

Wage Concepts Retained

  • Social Security contributions.
  • Personal Income Tax (PIT).

Employment Contract Termination

Resignation

It is a termination of contract by the will of the worker without a cause that justifies it.

Abandonment by the Worker

The worker leaves the job with the intention to terminate the employment contract without notice.

Termination for Just Cause

The worker may request the termination of contract due to the employer's breach of contract.

(The employee must request the termination of employment at the Social Court and is entitled

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Individual Imperfection and Community Perfection in Medieval Thought

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Chapter III: Sections 11 & 12

11. Fundamental Certainty: Individual Imperfection and Community Perfection

This concept typified medieval consciousness, stemming from profound anthropological convictions.

Three texts from different eras demonstrate this harmony: St. Augustine, bridging the ancient and early medieval periods; Hugo of St. Victor, the Parisian philosopher and theologian; and St. Thomas Aquinas, who systematized thought in the late 13th century.

Hugo of St. Victor's Hierarchia presents a universitas where plurality reduces to unity. Grace, while operating on individuals, finds its essential territory in the universitas. The individual is situated within the ordered unit, with responsibility as an exercise, not an entitlement.

Augustine'... Continue reading "Individual Imperfection and Community Perfection in Medieval Thought" »

Understanding Moral, Legal, and Social Norms in Society

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Understanding Moral, Legal, and Social Norms

In today's pluralistic society, the legitimacy of political power can only be configured as rational-legal. Procedures must be established to ensure the agreement of all members of society regarding rules of social order and rules of coexistence. There are different types of standards that guide the conduct of individuals in society:

  • Moral rules have a universal requirement, indicating how anyone should behave if they want to behave humanly. Each person has to assume these rules consciously and freely, as they are binding in conscience. These rules are the area of morality.
  • Legal standards are set by the authorities within each political community and are addressed to all inhabitants of the territory.
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Understanding Citizenship: Ancient Roots to Modernity

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1. Origin of the Concept of Citizenship

1.1. A Standard Definition

Citizen: An inhabitant of ancient cities and a modern political and legal subject involved in governing the country. Citizenship appears to have the following features:

  • Membership in a political community that resides permanently in a territory.
  • The enjoyment of rights that must be protected by the city, including the possibility of participating in the work of government.

1.2. Citizenship in Greco-Roman Antiquity

The term "citizen" comes from the Latin civis, a word that shares the same root as civitas (city-state). The term civis was reserved for those community members who met certain requirements. The rest of the population was not considered citizens.

In ancient Greece, the term... Continue reading "Understanding Citizenship: Ancient Roots to Modernity" »