A Divine Pronouncement or a Game of Chance? The Law-Governed and the Accidental in the Historical Process

Common Law represents the second biggest contemporary judicial system. Immanent to a historical process which led to the creation of a community, common law represents a form of social solidarity. It is not the result of any social consent to obey a law as much as it is the participation of the society, through its exceptions, to the process of elaborating the law by which it functions. So, society itself is through a sort of syncretism the common law.One the elementary concepts of common law is the doctrine of precedent which functions in parallel with organic laws in order to enhance both the results of judicial cases and the efficiency of the cases. In the English law, the testament is a representation of the wishes of a defunct person and the declaration of that persons wishes in relation to the belongings he wished to pass on after his death.

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Retrato falado, Criminoso e Cinema

AVANCA | CINEMA ◽

10.37390/ac.v0i0.81 ◽

2020 ◽

Author(s):

Fernanda Sousa Oliveira ◽

José da Silva Ribeiro

Keyword(s):

Visual Culture ◽

The Other ◽

Historical Process ◽

The Law

This text sought to approximate the Law, Art and Visual Culture through the spoken portrait instrument of art and police expertise that underwent transformations throughout its existence, but did not lose its essence of collabo-rative work. The purpose of this text will be to present the historical process of the spoken picture, the constitutive elements of its language and the image of the other in the cinema through the spoken picture. The methodology used was based on a bibliographical review.

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Arnold Toynbee (1889–1975): Prophecy and Civilization

Review of International Studies ◽

10.1017/s0260210500002898 ◽

2000 ◽

Vol 26 (2) ◽

pp. 289-301 ◽

Cited By ~ 8

Author(s):

CORNELIA NAVARI

Keyword(s):

International Relations ◽

World Order ◽

Western Civilization ◽

Grand Narrative ◽

Historical Process ◽

Central Elements ◽

The Creation ◽

The Law ◽

Social Orders

Toynbee's theory of international relations was embedded in a species of grand narrative which plotted the rise and fall of all known civilizations. Both the end of nationalism and the rise of the universal state, central elements of his theory, were presented as aspects of a universal historical process evident in all previous social orders. The coming fate of Western civilization was but the most recent example of recurrence. It was also didactic: he saw his great Study of History as laying the foundations for the creation of a viable world order. Beginning with a cyclical view of history which emphasized decline, and in which the universal state was an aspect of decline, he eventually concluded that Western Civilization might evade the law of recurrence. Toynbee claimed to have detected laws of history; he also claimed to have understood what was unique about Western Civilization such that it might break the historical chain. It was not as optimistic, but it belongs generally to the tradition of liberal progressivism of which Fukuyama's recent excursion is the latest expression.

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Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

Perspectives on Gerontology ◽

10.1044/gero20.3.72 ◽

2015 ◽

Vol 20 (3) ◽

pp. 72-84 ◽

Cited By ~ 2

Author(s):

Paula Leslie ◽

Mary Casper

Keyword(s):

Ethical Challenges ◽

Speech Language Pathology ◽

Thickened Liquids ◽

Communication Breakdown ◽

Professional Duty ◽

Language Pathology ◽

The Law ◽

Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

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