An Approach to Legal Principles Based on Their Justifying Function

2019 ◽  
Vol 32 (02) ◽  
pp. 321-342 ◽  
Author(s):  
Juan B. Etcheverry

AbstractThis paper intends to throw light upon some aspects of the debate on the characterization of legal principles and on their differences when compared to rules. Particularly, this analysis proposes differentiating principles from rules by considering the functions they perform in law instead of their structural differences. To achieve this, we distinguish between the functions of guidance and justification that legal principles fulfill. From that distinction, we observe that the attempt to characterize legal principles based on the way in which they guide conduct does not seem to be the most appropriate either. In contrast, this paper tries to show that all the different types of precepts known as principles perform a justifying function in legal reasoning.

2015 ◽  
pp. 163-176
Author(s):  
Christos Terezis ◽  
Marilena Tsakoymaki

This study examines the way in which the Neoplatonic philosopher Proclus treats an episode of the dialectic communication between Socrates and Alcibiades in the Platonic dialogue Alcibiades I. More specifically, it refers to how the characteristics and the choices of two different types of lovers – the divinely inspired one and the vulgar one – are displayed in the aforementioned text. The characterization ‘divinely inspired lover’ befits a person who communicates in a pure way with his beloved one and attempts to teach the latter the objective values of the intellect. By contrast, the characterization of the ‘vulgar lover’ befits that individual that approaches another individual exclusively on the basis of his external beauty. The first type of lover is presented within the realms of the permanently qualitative, while the second as someone who satisfies solemnly his subjectivity and his instincts. Furthermore, it is interesting to note that Proclus argues that Socrates, whom he considers to represent the very definition of a divinely inspired lover, is inspired by divine powers and attempts to act towards to his fellows – in this instance to Alcibiades – in the way through which the divine providence is revealed.


2021 ◽  
pp. 69-94
Author(s):  
Christopher de Lisle

Α‎necdotes about Agathokles in our literary sources were told because they were thought to illuminate his character or a general truth about the world and indicate how he was fitted into the broader dialogue on autocracy and power. There is a clash between the characterization of Agathokles as an effective military leader and as a monstrous tyrant, resulting from the nature of the lost historical narratives and from the way Agathokles was used by subsequent interlocutors: his successors in Sicily, the Romans, and authors looking for exempla. Many of the anecdotes are shared with mythical figures, mainland Greek and Sicilian tyrants, Hellenistic kings, and non-Greek rulers. The distinction between different types of autocrat was less important in ancient Greek and Latin discourse than their common features.


Author(s):  
J.B. Posthill ◽  
R.P. Burns ◽  
R.A. Rudder ◽  
Y.H. Lee ◽  
R.J. Markunas ◽  
...  

Because of diamond’s wide band gap, high thermal conductivity, high breakdown voltage and high radiation resistance, there is a growing interest in developing diamond-based devices for several new and demanding electronic applications. In developing this technology, there are several new challenges to be overcome. Much of our effort has been directed at developing a diamond deposition process that will permit controlled, epitaxial growth. Also, because of cost and size considerations, it is mandatory that a non-native substrate be developed for heteroepitaxial nucleation and growth of diamond thin films. To this end, we are currently investigating the use of Ni single crystals on which different types of epitaxial metals are grown by molecular beam epitaxy (MBE) for lattice matching to diamond as well as surface chemistry modification. This contribution reports briefly on our microscopic observations that are integral to these endeavors.


2020 ◽  
Vol 43 (2) ◽  
pp. 45-56
Author(s):  
Abigail Nieves Delgado

The current overproduction of images of faces in digital photographs and videos, and the widespread use of facial recognition technologies have important effects on the way we understand ourselves and others. This is because facial recognition technologies create new circulation pathways of images that transform portraits and photographs into material for potential personal identification. In other words, different types of images of faces become available to the scrutiny of facial recognition technologies. In these new circulation pathways, images are continually shared between many different actors who use (or abuse) them for different purposes. Besides this distribution of images, the categorization practices involved in the development and use of facial recognition systems reinvigorate physiognomic assumptions and judgments (e.g., about beauty, race, dangerousness). They constitute the framework through which faces are interpreted. This paper shows that, because of this procedure, facial recognition technologies introduce new and far-reaching »facialization« processes, which reiterate old discriminatory practices.


2020 ◽  
Vol 70 (12) ◽  
pp. 4594-4600

The purpose of this study was to characterize some types of biomass wastes resulted from different activities such as: agriculture, forestry and food industry using thermogravimetric and ICP-MS analyses. Also, it was optimized an ICP-MS method for the determination of As, Cd and Pb from biomass ash samples. The ICP-MS analysis revealed that the highest concentration of metals (As, Cd, Pb) was recorded in the wood waste ash sample, also the thermogravimetric analysis indicated that the highest amount of ash was obtained for the same sample (26.82%). The biomass wastes mentioned in this study are alternative recyclable materials, reusable as pellets and briquettes. Keywords: ash, biomass, ICP-MS, minor elements, TG


Author(s):  
Eva Steiner

This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.


Author(s):  
John Kerrigan

That Shakespeare adds a limp to the received characterization of Richard III is only the most conspicuous instance of his interest in how actors walked, ran, danced, and wandered. His attention to actors’ footwork, as an originating condition of performance, can be traced from Richard III through A Midsummer Night’s Dream and As You Like It into Macbeth, which is preoccupied with the topic and activity all the way to the protagonist’s melancholy conclusion that ‘Life’s but a walking shadow, a poor player | That struts and frets his hour upon the stage’. Drawing on classical and early modern accounts of how people walk and should walk, on ideas about time and prosody, and the experience of disability, this chapter cites episodes in the history of performance to show how actors, including Alleyn, Garrick, and Olivier, have worked with the opportunities to dramatize footwork that are provided by Shakespeare’s plays.


Author(s):  
Konrad Huber

The chapter first surveys different types of figurative speech in Revelation, including simile, metaphor, symbol, and narrative image. Second, it considers the way images are interrelated in the narrative world of the book. Third, it notes how the images draw associations from various backgrounds, including biblical and later Jewish sources, Greco-Roman myths, and the imperial cult, and how this enriches the understanding of the text. Fourth, the chapter looks at the rhetorical impact of the imagery on readers and stresses in particular its evocative, persuasive, and parenetic function together with its emotional effect. And fifth, it looks briefly at the way reception history shows how the imagery has engaged readers over time. Thus, illustrated by numerous examples, it becomes clear how essentially the imagery of the book of Revelation constitutes and determines its theological message.


Author(s):  
Bin Liu ◽  
Jouni Rättyä ◽  
Fanglei Wu

AbstractBounded and compact differences of two composition operators acting from the weighted Bergman space $$A^p_\omega $$ A ω p to the Lebesgue space $$L^q_\nu $$ L ν q , where $$0<q<p<\infty $$ 0 < q < p < ∞ and $$\omega $$ ω belongs to the class "Equation missing" of radial weights satisfying two-sided doubling conditions, are characterized. On the way to the proofs a new description of q-Carleson measures for $$A^p_\omega $$ A ω p , with $$p>q$$ p > q and "Equation missing", involving pseudohyperbolic discs is established. This last-mentioned result generalizes the well-known characterization of q-Carleson measures for the classical weighted Bergman space $$A^p_\alpha $$ A α p with $$-1<\alpha <\infty $$ - 1 < α < ∞ to the setting of doubling weights. The case "Equation missing" is also briefly discussed and an open problem concerning this case is posed.


2021 ◽  
Vol 92 (1) ◽  
Author(s):  
Bruna B. Przybulinski ◽  
Rodrigo G. Garcia ◽  
Maria Fernanda de C. Burbarelli ◽  
Claudia M. Komiyama ◽  
Deivid Kelly Barbosa ◽  
...  
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