• Title/Summary/Keyword: good conscience

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The Value of the Good Faith of the Occupier for Acquiring the Right of Ownership by Limitation of Possession

  • Guyvan, Petro
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.57-64
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    • 2022
  • This scientific article is devoted to the study of the legal significance of such a category of legal status of the purchaser of another's thing, as its good faith. The essence of this phenomenon has been studied, it has been established that the criterion of good faith attaches significant importance to the claims of the participants of these relations for the acquisition or preservation of private property rights. The paper emphasizes that, in addition to the importance of good conscience at the time of possession of another's thing, which gives legal certainty the possibility of registration of the title and is part of the actual composition for the acquisition of property or the right of ancient possession, bona fides also characterizes the behavior of the occupier. In this case, good conscience only has some legal consequences when it is opposed to subjective law. Under such conditions, it acquires direct legal significance, including as a condition for the acquisition and protection of rights. Good faith possession of another's property is an internal indicator of the subject's awareness of a certain property status. This sense, the article assesses this status from the standpoint of the scientific concept of the visibility of law. According to this theory, prescription is also considered as a consequence of the appearance of law, however, because it arises and lasts against the will of the parties and despite their awareness of this fact. Therefore, bona fide continuous and open possession of property as one's own, during the acquisition period, was most significantly associated with the appearance of property. Therefore, the concept of good faith, in the sense of personal perception of real values, is closely related to the principle of protection of the appearance of law, as it is aimed at understanding it by third parties. The paper notes certain differences in the application of the theory of the appearance of the right in the acquisition of property by a bona fide purchaser from an unauthorized alienator and the acquisitive prescription. It is emphasized that such a mechanism must be used in presuming the attitude to the thing as its own, by the holder of movable property. But there should be exceptions to the rule, in particular, if the owner has grounds for vindication of the thing.

A Comparative Study on Theories of the Nature of the Mind in Confucianism and in Daesoon Jinrihoe (유교와 대순진리회의 심성론(心性論) 비교 연구)

  • Yoon, Yong-bok
    • Journal of the Daesoon Academy of Sciences
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    • v.32
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    • pp.1-28
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    • 2019
  • Theories on the nature of the mind aim to accurately describe the nature of the human mind. In other words, these theories are meant to discover what the human mind ultimately is and what its nature is. In this study, I try to understand the theory of the nature of the mind in Daesoon Jinrihoe in connection to similar theories in Confucianism. Like in Confucianism, the issue of mind is an important subject in Daesoon Jinrihoe. The concept of 'mind' as presented in 'The Jeon-Gyeong' is connected to gods. But in 'The Jeon-Gyeong,' there is no premise that the mind is good or evil. It suggests that the mind is the center of humanity and the universe and that all things depend on the mind. Therefore it is understood that good and evil are revealed according to the actions of the mind. Conscience (良心) and self-interest (私心) are mentioned in 'Essentials of Daesoon Jinrihoe'. If conscience is understood as benevolence (仁) as spoken of by Confucius, or as Moral Knowledge in Mencius's usage, more advanced discussion can be made. If looked upon in that way, one can conclude that conscience is the nature of the mind and thereby, the nature of humans and their minds is good. Discussions on the nature of the mind can also be explained in relation to the concept of 'a Singularly-focused Mind (一心)', which was frequently emphasized by Jeungsan. The two mindsets of conscience and self-interest are mentioned, but the original mind is only conscience which exists as the nature of heaven (天性). Self-interest is nothing but an illusion. As Zhu Xi explained that even if a saint (聖人) thought of utterly nothing, he would became a madman, and therefore people should look closely and realize that self-interest is nothing but a delusion. Accordingly, when returning to one's conscience, the orignal state of a singularly-focused mind, it becomes the sort of Singularly-focused Mind that Jeungsan emphasized. In other words, self-interest is a form of greed that is born out of worldly desires.

A Study on the Human Mind and Moral Mind Theory in Daesoon Thought (대순사상의 인심도심론(人心道心論) 연구)

  • Park Byung-mann
    • Journal of the Daesoon Academy of Sciences
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    • v.47
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    • pp.139-172
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    • 2023
  • This study aims to look into the concept of Human Mind and Moral Mind and the issue of their axiological interpretation in Daesoon Thought. In the Song dynasty, the concept of the Human Mind and Moral Mind was understood as indicating two aspects of the universal Human Mind. Discourse on this theory was undertaken by scholars such as Cheng Yichuan (程伊川), Su Shi (蘇軾), and Zhu Xi (朱熹). The differences between the Human Mind and Moral Mind were interpreted as issues of cultivation. The discussion of the Human Mind and Moral Mind were established through a systematic theory by Zhu Xi, and this developed into various forms of discourse and ideological stances thereafter. One of the most important issues of the Human Mind and Moral Mind theory was its axiological interpretation, which was divided largely into three patterns. One was to interpret the Human Mind and Moral Mind as evil and good respectively (proponents included Cheng Yichuan and Zhu Xi in his early theories), the other one saw them as value-neutral and good (proponents included Zhu Xi, Toegye 退溪, and Yulgok 栗谷), and the last one interpretation held them as pre-evil and pre-good (Dasan 茶山). As the Human Mind and Moral Mind can be seen as a universal human issue, the examination of those patterns in the Confucian tradition would be meaningful for understanding the Human Mind and Moral Mind as a theoretical base in Daesoon Thought. In Daesoon Thought, the Human Mind and Moral Mind are defined as private and public respectively, but no further explanation is provided regarding these items. If we infer by considering the two in the light of the overall ideology and values that Daesoon Jinrihoe pursues, the Human Mind can be said to represent basic biological desires such as clothing, food, and sexual satisfaction all of which are human vital activities needed for the preservation of the human race. The Moral Mind can be seen as a mind that is set upon practicing morality and realizing the ideological aims of 'supporting the nation and comforting the people,' 'vast saving all creatures,' and achieving 'harmony and peace for humankind.' However, the conscience and the selfish mind, which are related axiologically to the Human Mind and the Moral Mind, are defined respectively as good and evil and explained in a relatively systematic way which includes conceptual claims and details on the origin of these aspects of mind. The reason why the discussions of the conscience and selfish mind are more systematically described than the Human Mind and Moral Mind seems to be that issues relating to the conscience and selfish mind are more directly applicable to matters of religious doctrine.

Three meanings implied by Thomas Aquinas' "intellectualism" (토마스 아퀴나스의 '지성주의(주지주의)'가 내포하는 3가지 의미 - 『진리론(이성, 양심과 의식)』을 중심으로 -)

  • Lee, Myung-gon
    • Journal of Korean Philosophical Society
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    • v.148
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    • pp.239-267
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    • 2018
  • In the matter of ethical and moral practice, Thomas Aquinas's thought is called "intellectualism". It does not mean only that intelligence is more important than will in moral practice, but that it has epistemological, metaphysical, and psycho-psychological implications significance. The first means affirming "the first principles of knowing" as the problem of certainty of knowing. In Thomism, there are surely above suspicion notions in the domain of practice as well as in the domain of reason, which are obviously self-evident, and because of that certainty, they become the basis of certainty of all other knowings that follow. The principle to know these knowings is the first principle of knowing, reason and Synderesis(conscience). Therefore, the "intellectualism" of Tomism is the basis for providing the ground of metaphysics. In the case of reason, it is classified into superior reason and inferior reason according to whether it is object. The object of higher reason is "metaphysical object" which human natural reason can not deal with. This affirmation of superior reason provides a basis for human "autonomy" in the moral and religious domain. This is because even in areas beyond the object of natural reason, it is possible to derive certain knowledge through self-reasoning, and thus to be able to carry out the act through their own choosing. Likewise, for Thomas Aquinas, "Synderesi" as the first principle of good and evil judgment can be applied to both the superior reason and the inferior reason, and thus, except for the truth by the direct divine revelation, precedes any authority of the world, scrupulous Act always guarantees truth and good. This means "subjectivity" that virtually in the act of moral practice, it can become the master of one's act. Furthermore, "consciousness(conscientia)", which means the ability to comprehend everything in a holistic and simultaneous manner, is based on conscience(synderesis). So, at least in principle, correct behavior or moral behavior in Tomism is given firstly in correct knowledge. Therefore, it can be said that true awareness (conscious awareness) in Thomas Aquinas's thought coincide with practical practice, or at least knowledge can be said to be a decisive 'driver' for practice. This will be the best explanation of the definition of "intellectualism" by Thomism.

Kim Gyoshin's recognition on Korean traditional thinking (김교신의 전통사상 인식 - 유학 이해를 중심으로 -)

  • Yeon, chang ho
    • (The)Study of the Eastern Classic
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    • no.68
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    • pp.237-281
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    • 2017
  • This research aimed at investigating Kim Gyoshin's recognition on Korean traditional ideology and harmony of Christian idea and traditional idea through the writing and diary in "Bible Joseon". Kim Gyoshin expressed positive interest in Korean traditional idea and traditional religion, and intended to localize Christian belief through communicating with them. He expressed infinite respect for national cultural asset of Buddhism, intending to research Korean Buddhism. He paid utmost attention to Confucianism among traditional ideas. He had a strong affection for learning(好學), benevolence(仁義), conscience(良心) of Confucianism as patriotic character. He calmly practiced caution and solitary(愼獨) of sincere(誠), solemnity(敬) of Confucianism through his life, however he chose Christian belief by accepting atonement belief realizing human sinful nature fundamentally inherent in human being. He personally respected Confucius and lived after the model of him, however he searched the spirit of life to renew the people from Christianity. Academically, he respected Confucius, and believed in Jesus in religion. He highly evaluated the attitude of patriot(志士), which highly regarded the academic attitude of learning(好學) and benevolence(仁義), in this regard, criticized blind and non-intellectual belief. He had an open attitude toward Korean traditional idea with no prejudice. As human individuals have their own inherent moral value, he viewed that each people would have their inherent ethnicity and mission. He considered that Korean Peninsula where contradiction and yoke of the world history are inherent is the center of East Asia that would purify injustice of the world. He viewed that Korean people had owned their original good heart[仁] even before Buddhism and Confucianism had been transmitted to the country. He determined that Korean people were good people, who received goodness from the heaven. However, while Uchimura created Japanese style Christianity by adapting Japanese knighthood to Christian idea, Kim Gyoshin lacked sharp critical mind regarding how to establish Korean style Christianity by adapting which of Korean traditional idea to Christian idea.

A Qualitative Study on the Courage of Infant & Toddler Teachers (영아교사의 용기에 관한 질적 연구)

  • Hwang, Hae-Ik;Kang, Hyun-Mi;Tak, Jeong-Hwa
    • Korean Journal of Childcare and Education
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    • v.9 no.2
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    • pp.285-309
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    • 2013
  • The purpose of this study was to examine the courage of infant & toddler teachers during their care for infants and toddlers in an effort to shed light on the courage of teachers, which has been overlooked so far. It's specifically meant to raise awareness of the necessity of courage as one of virtues that teachers should have to provide quality care. The subjects in this study were four selected infant & toddler teachers at a childcare center. Data were gathered during a 12-week period of time from June to August, 2012, by having in-depth interviews with the teachers. After the collected data were analyzed, the courage that teachers had was categorized into three: being unsparing of oneself, acting according to conscience and sticking to principles, and raising and caring. As for the first, they didn't spare themselves even though there was a danger of physical harm or death. Regarding the second, they held fast to their principles even when it's against the will of the principal and parents, and continued to modify the principles by looking back on themselves. Concerning the third, they did their utmost while they provided toilet training. In the future, the characteristics of courage that infant & toddler teachers should have to take good care of infants and toddlers should be investigated, and courage should be taken seriously as one of virtues. Besides, how to help teachers keep their courage up should carefully be considered.

Research on Free Will in Religious Film - Focusing on the dialectical relationship between free will and responsibility in Film Dekalog: Eight (종교영화에 나타난 자유의지에 대한 연구 - 영화 <데칼로그 8편 : 어느 과거에 관한 이야기 Dekalog : Eight> 중 자유의지와 책임 간의 변증법적 관계를 중심으로)

  • SIKONG, Qianang
    • Trans-
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    • v.4
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    • pp.65-86
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    • 2018
  • In this paper, I chose one of various agenda for life in a philosophical film world view and explored the core of dialectical relation between free will and responsibility. Freedom and responsibility, Existential and inferiority, etc, The conflict of humanity on the crisis of faith have been A comparative study based on the discussions of East Asian religious philosophy and Western philosophy. Including compare the three commonalities and differences with Jean Paul Sartre's 'subjectivity ideology due to the existence of free will' on existentialism in contemporary Western philosophy and The theory of the 'moral autonomy originating in the good will' of the Enlightenment philosopher Immanuel Kant and Concept of 'consciousness' of the life essence of Keiji Nishitani Based on the analysis of the film. In addition, the problem of free will in the viewpoint of nature, along with the individual's point of view, is comprehensively supplemented by the idea of the "nothingness" of the philosopher Zhuang Zhou. A selection of the Polish film Dekalog: Eight and make a basic conclusion of the final by argumentation and analysis as a case of the dialectical relation between the free will and responsibility.

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A Theoretical Examination of Economy as Viewed in Confucianist and Daesoon Thought: Focusing on Similarities (유학과 대순사상의 경제관 시론적 고찰 - 유사점을 중심으로 -)

  • An Yoo-kyoung
    • Journal of the Daesoon Academy of Sciences
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    • v.46
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    • pp.153-188
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    • 2023
  • This paper aims to confirm theoretical similarities and differences by comparing and considering the economic views of Neo-Confucianism and Daesoon Thought. Through this, there can be an examination of what implications traditional thought regarding economic views can have in today's social climate, which considers economic value to be the greatest value. This can also to help establish a desirable economic view of our society. In conclusion, it can be observed that economic issues are viewed in Daesoon Thought similarly to how they were perceived by Zhu Xi. Which is to say that both place greater relative importance on morality than material wealth. These systems of thought appear to place more emphasis on the spiritual world and moral conduct than on the material world and its economy. Therefore, when looking at the interpretation of loyalty and profit, nature and humanity, the heart and humanity, conscience and selfishness, and other such pairings, there is a tendency to focus more on the spiritual world and moral excellence than on the material world and the pursuit of wealth. These systems of thought acknowledge that material needs exist; however, both move to instill values such that human society pursues moral and spiritual ventures over material gain. Therefore, the position arrived upon by both is that people's morality is the highest good, and when people's morality is fully realized, all social problems, including economic problems, will be solved automatically. This is the theoretical structure and ideological characteristics that constitutes the economic viewpoints posited in both Zhu Xi's Neo-Confucianist thought and Daesoon Thought.

The Change of Iife's ideal in the Poetry by Shin Suk-Ju (신숙주(申叔舟) 시(詩)에 나타난 인생이상(人生理想)의 전변(轉變))

  • Ryu, Ho-jin
    • (The)Study of the Eastern Classic
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    • no.36
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    • pp.163-202
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    • 2009
  • The poems of Shin Suk-ju can be divided into two periods around the political change by King Sejo; his poems from the former period show that the poet enjoyed abundant pride and leisurely spirit in the self-satisfying world driven by his determination to maintain a pure heart and save and awaken the people during the reign of King Sejong. His ideology of awakening the people, however, was the product of his heroic consciousness to achieve immortal fame. It was his heroic consciousness and determination to sacrifice his life for fame according to the mandate from Heaven that made him join the political change by King Sejo. His poems from the latter period clearly reveal that the way of his life to pursue fame didn't bring him spiritual satisfaction and happiness. He confessed that his conscience was destroyed as he joined King Sejo in his political change and the deeds he achieved and further his life itself were all in vain. He lost the values or orders he pursued, which caused instability in his life. Facing such instability head-on, he argued that right and wrong, true and false, and good and evil mentioned in the world were all subjective and groundless. Furthermore, he realized all the things and creatures of the world were nothing but phantoms. Those perceptions he had were based on Madhyamaka of Buddhism. Going through such a thinking process, the poet wrote about his mentality of a false reputation with ideal mentality. Heroic consciousness, Buddhist thinking, and pursuit of mentality of a false reputation found in his poems make also frequent appearances in the poems by major literary men in the latter half of the 15th century such as Seo Geo-jeong. His serious searches to overcome his conscientious agony and sense of futility about life had influences on the attitudes toward life and literature of the official literary men of the times. Seong Hyeon's statement that the major literary figures of the times inherited the literary tradition of Shin Suk-ju was not a rhetoric by courtesy.

An integrated Method of New Casuistry and Specified Principlism as Nursing Ethics Methodology (새로운 간호윤리학 방법론;통합된 사례방법론)

  • Um, Young-Rhan
    • Journal of Korean Academy of Nursing Administration
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    • v.3 no.1
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    • pp.51-64
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    • 1997
  • The purpose of the study was to introduce an integrated approach of new Casuistry and specified principlism in resolving ethical problems and studying nursing ethics. In studying clinical ethics and nursing ethics, there is no systematic research method. While nurses often experience ethical dilemmas in practice, much of previous research on nursing ethics has focused merely on describing the existing problems. In addition, ethists presented theoretical analysis and critics rather than providing the specific problems solving strategies. There is a need in clinical situations for an integrated method which can provide the objective description for existing problem situations as well as specific problem solving methods. We inherit two distinct ways of discussing ethical issues. One of these frames these issues in terms of principles, rules, and other general ideas; the other focuses on the specific features of particular kinds of moral cases. In the first way general ethical rules relate to specific moral cases in a theoretical manner, with universal rules serving as "axioms" from which particular moral judgments are deduced as theorems. In the seconds, this relation is frankly practical. with general moral rules serving as "maxims", which can be fully understood only in terms of the paradigmatic cases that define their meaning and force. Theoretical arguments are structured in ways that free them from any dependence on the circumstances of their presentation and ensure them a validity of a kind that is not affected by the practical context of use. In formal arguments particular conclusions are deduced from("entailed by") the initial axioms or universal principles that are the apex of the argument. So the truth or certainty that attaches to those axioms flows downward to the specific instances to be "proved". In the language of formal logic, the axioms are major premises, the facts that specify the present instance are minor premises, and the conclusion to be "proved" is deduced (follows necessarily) from the initial presises. Practical arguments, by contrast, involve a wider range of factors than formal deductions and are read with an eye to their occasion of use. Instead of aiming at strict entailments, they draw on the outcomes of previous experience, carrying over the procedures used to resolve earlier problems and reapply them in new problmatic situations. Practical arguments depend for their power on how closely the present circumstances resemble those of the earlier precedent cases for which this particular type of argument was originally devised. So. in practical arguments, the truths and certitudes established in the precedent cases pass sideways, so as to provide "resolutions" of later problems. In the language of rational analysis, the facts of the present case define the gounds on which any resolution must be based; the general considerations that carried wight in similar situations provide warrants that help settle future cases. So the resolution of any problem holds good presumptively; its strengh depends on the similarities between the present case and the prededents; and its soundness can be challenged (or rebutted) in situations that are recognized ans exceptional. Jonsen & Toulmin (1988), and Jonsen (1991) introduce New Casuistry as a practical method. The oxford English Dictionary defines casuistry quite accurately as "that part of ethics which resolves cases of conscience, applying the general rules of religion and morality to particular instances in which circumstances alter cases or in which there appears to be a conflict of duties." They modified the casuistry of the medieval ages to use in clinical situations which is characterized by "the typology of cases and the analogy as an inference method". A case is the unit of analysis. The structure of case was made with interaction of situation and moral rules. The situation is what surrounds or stands around. The moral rule is the essence of case. The analogy can be objective because "the grounds, the warrants, the theoretical backing, the modal qualifiers" are identified in the cases. The specified principlism was the method that Degrazia (1992) integrated the principlism and the specification introduced by Richardson (1990). In this method, the principle is specified by adding information about limitations of the scope and restricting the range of the principle. This should be substantive qualifications. The integrated method is an combination of the New Casuistry and the specified principlism. For example, the study was "Ethical problems experienced by nurses in the care of terminally ill patients"(Um, 1994). A semi-structured in-depth interview was conducted for fifteen nurses who mainly took care of terminally ill patients. The first stage, twenty one cases were identified as relevant to the topic, and then were classified to four types of problems. For instance, one of these types was the patient's refusal of care. The second stage, the ethical problems in the case were defined, and then the case was analyzed. This was to analyze the reasons, the ethical values, and the related ethical principles in the cases. Then the interpretation was synthetically done by integration of the result of analysis and the situation. The third stage was the ordering phase of the cases, which was done according to the result of the interpretation and the common principles in the cases. The first two stages describe the methodology of new casuistry, and the final stage was for the methodology of the specified principlism. The common principles were the principle of autonomy and the principle of caring. The principle of autonomy was specified; when competent patients refused care, nurse should discontinue the care to respect for the patients' decision. The principle of caring was also specified; when the competent patients refused care, nurses should continue to provide the care in spite of the patients' refusal to preserve their life. These specification may lead the opposite behavior, which emphasizes the importance of nurse's will and intentions to make their decision in the clinical situations.

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