The Rhetorical Implications of Clementia in Cicero’s Caesarian Speeches

Cicero’s Caesarian speeches were delivered in 46-45 B.C. to Caesar after his victories in the Civil War. Caesar faced a number of critical issues as he dealt with the political and social aftermath of the years after 49 B.C., including what to do with the supporters of his enemies. Cicero, preeminent orator and a key political, was well-placed to speak on behalf of these individuals. Clementia, as an intrinsic theme, impinges upon social, political, and linguistic spheres and became a nexus for anxieties and manipulation between the senatorial and plebian orders. This research compares and contrasts the understanding, presentation, and use of clementia in these speeches, in a discussion set within the social, political, and linguistic contexts that lend this word its powerful significance. It is clear that clementia becomes a point of negotiation of power for Caesar and Cicero alike, the one asserting his political dominance, the other speaking as the social conscience of Rome

Power Relations in President Bush’s State of the Union Speech

Manipulation as an illegitimate exercise of power is created by means of language. Manipulative use of language enables the speaker to control other people against their best interests, the control being aimed at the recipients’ verbal contribution to the interaction and cognitive processes of comprehension and interpretation. The article studies power relations in the President’s State of the Union Speech, focusing on semantic, syntactic and pragmatic levels of manipulation and the effect it has on the recipients’ mental models

Proselytism and the right to freedom from improper irreligious influence: the example of public school education

Jurisprudentially speaking, proselytism is a concept within the larger genus of the protection of religious rights and freedoms. The word lends itself to differing opinions. However, there is a popular school of thought that proselytism has to do only with influencing people to adopt a particular religion. Such an understanding relies on the view that only the religious can be insidious and bear the potential to improperly proselytise, and thus excludes the possibility of improper irreligious forms of influence. In referring to the example of public-school education, it is argued that as much as the religious has the potential for improper proselytising, irreligious teachings or expressions also run the risk of improper proselytising. Not only are irreligious beliefs in many instances diametrically opposed to religious beliefs; they are a belief in themselves and cannot be seen as necessarily harmless or without the potential to proselytise improperly. Consequently, this article introduces an equitable and accommodative understanding of proselytism, which places the potentially harmful effects of both religious and irreligious beliefs on an equal footing with each other (something befitting to plural and democratic paradigms). This article therefore also cultivates further debate on improper irreligious proselytism in religious rights and freedoms jurisprudence, a scant topic in human rights jurisprudence

Managing Psychopathic Employees

[Excerpt] What if a small but definable subset of the employee population were responsible for a major share of corporate crime and ethical breaches? If so, then developing policies that target them would improve the firm’s performance, not to mention its ethical climate. In this article I claim that psychopathic employees constitute such a subset, and I suggest human resource policies that can help firms cope with them

Monitoring, Motivation and Management: The Determinants of Opportunistic Behavior in a Field Experiment

Economic models of incentives in employment relationships are based on a specific theory of motivation. Employees are 'rational cheaters,' who anticipate the consequences of their actions and shirk when the perceived marginal benefit exceeds the marginal cost. Managers respond to this decision calculus by implementing monitoring and incentive pay practices that lessen the attraction of shirking. This 'rational cheater model' is not the only model of opportunistic behavior, and indeed is viewed skeptically by human resource practitioners and by many non-economists who study employment relationships. We investigate the 'rational cheater model' using data from a double-blind field experiment that allows us to observe the effect of experimentally-induced variations in monitoring on employee opportunism. The experiment is unique in that it occurs in the context of an ongoing employment relationship, i.e., with the firm's employees producing output as usual under the supervision of their front-line managers. The results indicate that a significant fraction of employees behave roughly in ccordance with the 'rational cheater model.' We also find, however, that a substantial proportion of employees do not respond to manipulations in the monitoring rate. This heterogeneity is related to employee assessments about their general treatment by the emp loyer.

The legal life of objects : speaking evidence and mute subjects in Mark Twain’s Pudd’nhead Wilson

textIn this paper, I argue that legal authorities assign speaking power to objects and evidence in the courtroom in order to deny speaking power to racialized subjects and police racial identities. Mark Twain’s Pudd’nhead Wilson (1894) demonstrates how the law transverses the human/object boundary in order to regulate legal definitions of identity. I examine the legal animation of the textual document, as exemplified by the last will and testament; the knife, a material object that as a murder weapon is responsible for condemning the accused; and the fingerprint, a unique form of bodily evidence that merges the textual and the material, in order to understand how these objects blur the line between the living and the deceased, between human and nonhuman agency, and between body and text. My methodology brings object studies into conversation with a literature and the law approach in order to show not only how the nineteenth-century American literary imagination was concerned with testing and regulating racial boundaries, but also how fictions employed by the law produce subjects and objects. My investigation reminds us that when evidence appears to “speak for itself,” this speech act has been carefully orchestrated by human legal authorities who determine what the evidence can be understood to mean and for whom it speaks.Englis

The foundations of conscientious objection: against freedom and autonomy

According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the issue of conscientious objection implies that the conscientious objector should have an independent choice among alternative beliefs, positions or values. In this paper it is argued that: (a) it is not true that the typical conscientious objector has such a choice when they decide to act upon their conscience and (b) it is not true that the typical conscientious objector exercises autonomy when developing or acquiring their conscience. Therefore, with regard to tolerating conscientious objection, we should apply the concept of autonomy with caution, as tolerating conscientious objection does not reflect respect for the conscientious objector’s right to choose but rather acknowledges their lack of real ability to choose their conscience and to refrain from acting upon their conscience. This has both normative and analytical implications for the treatment of conscientious objectors