Some Questions and Comments on What is Called “The Mental Element of the Offence”

1996 ◽  
Vol 30 (1-2) ◽  
pp. 82-105
Author(s):  
Björn Burkhardt
Keyword(s):  
Subject Matter ◽  
English Language ◽  
German Law ◽  
Hebrew Text ◽  
Causal Chain ◽  
Mens Rea ◽  
English Version ◽  
American Law ◽  
The Subject ◽  
Mental Element

In this paper, I shall address three problems: the question of content and limits of the “mens rea” elements (part II), the controversy over the correct concept of negligence (part III), as well as the problem of “divergence from the intended causal chain” (part IV). In doing so, I will compare the regulations of the Israeli draft Code (the “Israeli Draft”) not only with German law, but also with English and American law. Of course, within the scope of this paper I can neither probe deeply into the subject matter nor address all the important questions related to it.Before starting with my questions and comments, I would like to make two introductory remarks:1. First, I have to admit that I am unsure whether I understand correctly the regulations of the Israeli Draft (sec. 19-21, 22, 54). At least three sources of potential misunderstanding exist: first, the English version of the Israeli Draft is a preliminary translation of the Hebrew text. Any translation may shift the meaning of the original and binding Hebrew text. Second, misunderstanding may also result from my rather modest knowledge of the English language.

Celebrating 100 issues of English Today and musing on museums

English Today ◽  
2009 ◽  
Vol 25 (4) ◽  
pp. 24-27
Author(s):  
David Crystal
Keyword(s):  
Subject Matter ◽  
English Language ◽  
The Subject ◽  
Looking Back

ABSTRACTLooking back over 100 issues of English Today, and forward at the prospects for English language museums.‘ET's success’, said a young-looking Tom McArthur in his first editorial, ‘will depend on keeping one's balance and getting all the ingredients right’. A hundred issues later, we can say with some confidence that he certainly managed it. At the time, I don't think anyone knew exactly what all the ingredients were. Now, looking back over the coverage of those hundred issues, we have a pretty good idea. Who would have expected the journal to be so diverse? There are 18 themes identified in the Index to the first 60 issues, published in ET61. Take a look at them in the panel. It is the extraordinary range of the subject-matter, along with its copious and often quirky illustrations, both textual and pictorial, which has given the journal its identity and appeal. The models we looked at when planning the journal, such as History Today, seem staid by comparison.

Publishing in English-Language Journals

2007 ◽  
Vol 14 (3) ◽  
pp. 425-430 ◽  
Author(s):  
Anne J. Davis ◽  
Verena Tschudin
Keyword(s):  
Subject Matter ◽  
English Language ◽  
Western Culture ◽  
Short Article ◽  
The Subject

The need for academics to get their work published can be fraught with problems, especially if they have to publish in the English language and within western culture, both of which may be unfamiliar to them. Before considering a submission, authors need to satisfy the rigors of their studies: suitability of the subject matter for a particular journal; concepts, literature and instruments; and if the English is adequate. These are issues of responsibility of authors to readers and, on the part of editors and reviewers, to authors and through them to students and readers of the submitted texts. This short article elaborates on these themes by detailing specific items of importance.

scholarly journals EFFECTS OF ACADEMIC QUALIFICATIONS ON MALAYSIAN ENGLISH LANGUAGE TEACHERS’ SUBJECT MATTER KNOWLEDGE OF LITERARY DEVICES

2017 ◽  
Vol 6 (1) ◽  
pp. 26-48
Author(s):  
Manickavasagar Govindasamy ◽  
Jariah Mohd. Jan
Keyword(s):  
Subject Matter ◽  
English Language ◽  
Subject Matter Knowledge ◽  
Language Teachers ◽  
English Major ◽  
English Language Teachers ◽  
The Subject ◽  
Academic Qualifications ◽  
Literary Devices ◽  
Better Than

Previous studies in the West have shown teachers who are academically qualified in specific subjects are able to teach better than those with degrees in non-specific subjects (Goldhaber and Brewer, 1996). Such studies within the local context are limited. As such, this study examines the effects of academic qualifications on the subject matter knowledge of literary devices among secondary school English language teachers in a northern district in Malaysia. The analysis revealed that academic qualifications had significantly influenced the subject matter knowledge of literary devices and such knowledge differ significantly among the English major and English minor, TESL and KPLI or Post-graduate Teaching Programme English language teachers. Specifically, the English major language teachers had better subject matter knowledge of literary devices than the non-English major language teachers. The TESL teachers were better than the non-TESL teachers in their subject matter knowledge of literary devices. The subject matter knowledge of literary devices amongst the KPLI English language teachers was lower compared to the non-KPLI language teachers.

scholarly journals Niemiecki kodeks cywilny w pracach Komisji Kodyfikacyjnej nad Kodeksem zobowiązań z 1933 r.

2021 ◽  
Vol 20 (1) ◽  
pp. 27-51
Author(s):  
Wojciech Wydmański ◽  
Keyword(s):  
Interwar Period ◽  
Subject Matter ◽  
Comparative Method ◽  
German Law ◽  
Draft Code ◽  
Legal Studies ◽  
Legal Literature ◽  
The Subject ◽  
Polish Code ◽  
The Impact

The work aims to discuss the use of the German Civil Code from 1896 (BGB) by the Codification Commission in the work on the Code of Obligations from 1933. The subject of codification and unification of private law in the interwar period is of great interest to historians of law. It is also an issue for experts in comparative legal studies. This is since the process of unification and codification of the law of obligations in the Second Polish Republic assumed the development of a code combining elements of all laws of the former partitioning states. As a result, the Polish Code of Obligations does not belong to either the Romanesque or the Germanic system. Particularly noteworthy is the use by members of the BGB Codification Committee. The work will present a list of the provisions of the Code of Obligations that were modeled only on the German law or on the BGB and other codes. Additionally, the use of BGB will be presented on selected regulations of the Code of Obligations. When determining the impact of BGB on the rules of the Code of Obligations, a comparative method and the texts of normative acts, legislative materials, and legal literature will be used. The justification for the draft Code of Obligations by Roman Longchamps de Bérier will be particularly helpful. The subject matter raised in the paper may turn out to be attractive to Polish and German researchers studying the impact of the BGB on the development of Polish obligation law.

Portrayal of Traditional Indian Womanhood in R.K. Narayan’s The Dark Room

2015 ◽  
Vol 2 (2) ◽  
pp. 32-34
Author(s):  
Jeeva C ◽  
Velumani P
Keyword(s):  
Subject Matter ◽  
English Language ◽  
Indian Literature ◽  
Indian Languages ◽  
Western Idea ◽  
The Subject ◽  
Anglo Indian ◽  
Dark Room

The Indo-Anglican literature is different from the Anglo-Indian literature. The former is the genre written and created by the Indians through the English language; the latter is written by the Englishmen on themes and subjects related to India. The Indo-Anglican fiction owes its origin to the translations of various fictional works from the Indian languages into English, notably from Bengali into English. The Indo-Anglican writers of fiction write with an eye and hope on the western readers. This influenced their choice of the subject matter. In Indo-Anglican novels there are Sadhus, Fakirs, Caves, Temples, Vedanta, Gandhi, Rajahs and Nawabs, etc. to are to show the interest of western audience. They represent essentially the western idea of India. But at the same time there are elements of Indianness, Nationalism and Patriotism, glorification of India’s past and sympathy for the teeming millions of the country.

Dying and killing: euphemisms in current English

English Today ◽  
2010 ◽  
Vol 26 (4) ◽  
pp. 51-52 ◽  
Author(s):  
Gerry Abbott
Keyword(s):  
Subject Matter ◽  
English Language ◽  
Daily Life ◽  
Social Situation ◽  
Human Beings ◽  
The Social ◽  
The Subject ◽  
Linguistic Universal

Euphemisms have no doubt been used ever since the birth of languages, and surely constitute a linguistic universal. We are all aware of them and we all use them when it is desirable to avoid drawing attention to the less pleasant aspects of daily life such as the need to empty one's bladder or bowel. They are respectful in that they show concern for the feelings of our fellow human beings; the more delicate the social situation and the more unpleasant the subject matter we refer to, the more careful we must be in selecting a euphemism for the purpose. Perhaps the most painful fact to deal with socially is the death of someone known to the person we are addressing, and for this purpose the English language puts a copious word-hoard at our disposal.

scholarly journals THE CONFLICTS IN THE DRAMA SCRIPT LOVE BEFORE BRAINZ ADAPTED FROM THE NOVEL ENTITLED WARM BODIES BY ISAAC MARION AS MATERIAL FOR TEACHING DRAMA CLASS

2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Anugrah Cahyo Hudi
Keyword(s):  
Subject Matter ◽  
English Language ◽  
Language Teaching ◽  
English Language Teaching ◽  
The Novel ◽  
Final Project ◽  
Library Research ◽  
The Subject

The main purposes of the final project are finding out the conflicts happen in the drama script “Love before Brainz” adapted  from the novel entitled Warm Bodies by Isaac Marion as material for teaching drama class, finding out the most dominant conflicts in the drama script and discusses the contributions of the final project in English language teaching. Library research is used in this final project. Library research points out not on the result, but on the process. The writer deals with some books that are available in the library. The information is obtained by reading books, searching internet and other references related to the subject matter. To analyze the conflicts in the drama script “Love before Brainz”, the writer reads the play script in order to understand the content of it many times. After analyzing the conflicts in the drama script, the writer finds the most dominant conflicts and the contributions of this study in English language teaching. From this drama script, the writer knows that the most dominant conflicts is man versus man. Because the conflicts happen between R (zombie) with Julie, Julie with her father (colonel Grigio), and R with Julie’s father

The Treatment of Jewish Law in American Decisions

1974 ◽  
Vol 9 (1) ◽  
pp. 85-96
Author(s):  
A. Frank Baron
Keyword(s):  
Subject Matter ◽  
Comparative Law ◽  
The Other ◽  
Jewish Law ◽  
Foreign Law ◽  
Actual Use ◽  
American Law ◽  
Alternative Approaches ◽  
The Subject

The application of foreign law in American courts forms the subject matter of much comparative law writing. Two alternative approaches are usually adopted by the comparative legal scholars. One studies pleading and proof of foreign law in American courts; the other studies the substantive use of foreign law by American courts. No studies of the actual use of Jewish law by American courts are to be found. In what follows an attempt will be made to fill the gap and to draw some conclusions concerning the relevance and advantages to the courts, the parties and society generally of such use of Jewish law.All reported cases which have expressly made some use of Jewish law are collected and analyzed in this article. In addition, the application of Jewish law to the resolution of conflicts presently handled by the courts is discussed.The reported judgments in which a party's appeal to Jewish law was considered relevant are classified according to American law classifications as opposed to Jewish law classifications. Finally, the actual relevance and the relevance in the eyes of the presiding judge of the Jewish law to the controversy before the court is examined.

Strict liability in Commonwealth criminal law

Legal Studies ◽  
1983 ◽  
Vol 3 (2) ◽  
pp. 117-145
Author(s):  
G. L. Peiris
Keyword(s):  
Criminal Law ◽  
Common Law ◽  
Strict Liability ◽  
Mens Rea ◽  
English Court ◽  
American Law ◽  
Criminal Jurisprudence ◽  
The Subject ◽  
The Common ◽  
Moral Blame

It has been observed justly that few legal doctrines have given rise to so vigorous and sustained a conflict of judicial attitudes as the concept of strict penal responsibility. The theory of mens rea which preceded the origins of the common law, is ingrained in English criminal jurisprudence. An English court has asserted that ‘It is contrary to the whole established law of England (unless the legislation on the subject has clearly enacted it) to say that a person can be guilty of a crime in England without a wrongful intent’. In circumstances involving technical guilt bereft of moral blame English judges have looked askance at invocation of the criminal process. The American Law Institute has recently declared that ‘No principle is more broadly accepted than that the criminal law, involving as it does both punishment and condemnation, should be concerned with conduct that is morally reprehensible or culpable’.

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