Private Self-Defence and Necessity in German Penal Law and in the Penal Law Proposal — Some Remarks

1996 ◽  
Vol 30 (1-2) ◽  
pp. 171-187 ◽  
Author(s):  
Klaus Bernsmann
Keyword(s):  
German Law ◽  
Point Of View ◽  
The Other ◽  
Practical Point ◽  
Other Hand ◽  
The Future ◽  
Public Spirit ◽  
Penal Law ◽  
General Part ◽  
Self Defence

Self-defence and necessity are central institutions of the General Part of German Penal Law. Numerous problems of considerable practical and theoretical relevance are connected with them. How to deal with “self-defence” and “necessity” is also an indicator of liberality or, on the other hand, of the minimum solidarity and public spirit which a State can concede to its citizens or demand of them. In German criminal theory, “self-defence” and “necessity” are closely connected with the release of the distinction between justification and excuse and all conclusions derived thereof.Instead of elaborating on fundamental or purely theoretical problems concerning self-defence and necessity, an illustration of the contents of the German provisions of self-defence and necessity from a more technical, but nevertheless practical, point of view will be discussed. In the course of the discussion, some differences between the Israeli Draft law and the German law will be pointed out, and some problems which are unsolved in German law and may possibly confront Israeli law in the future will be brought to your attention.

The Global Religious Configuration. Realities and Forecasts

2020 ◽  
Vol 65 (2) ◽  
pp. 163-178
Author(s):  
Gabriel-Viorel Gârdan
Keyword(s):  
Religious Affiliation ◽  
Point Of View ◽  
First Century ◽  
The Other ◽  
The Past ◽  
Other Hand ◽  
The Future ◽  
Religious Image ◽  
The Church ◽  
Global Population

"Based on recent research, we aim to present the current global religious configu-ration, the religious demographic evolution during the twentieth century, and the main trends for the first half of the twenty-first century. From a methodological point of view, we chose to present only those religions that register a share of 1% of the global population, among which we paid increased attention only to Christiani-ty and Islam. The only exception to this rule is Judaism, the reason for advancing this exception being the desire to compare the evolution of the three religions of the Book: Judaism, Christianity, and Islam. The purpose of this presentation is to provide a more nuanced picture of the geographical distribution of each religion and, on the other hand, to illustrate the global religious diversity. From a chronological point of view, the landmarks are the years 1910, 1970, 2000, 2010, 2014, 2030, and 2050. The data collected for the years 1910–2014 is the basis of the forecasts for the years 2030 and 2050. The former ones describe the religious realities, while the latter two open up perspectives on the trends in religious demography. We would like to draw attention to the potential of religious demography in deciphering the religious image of the world in which we live. On the other hand, we consider that exploring the global religious profile and the way it evolves, as well as the factors that bring forth change, is not only an opportunity generated by the organic development of religious demography research but also a necessity for rethinking the pastoral and missionary strategies of the church. Religious demographics provide valuable data about the past together with nuanced knowledge of the present, helping us anticipate and even influence the future. The church, at any time, assumes the past, manages the present, and prepares the future. From this perspective, we believe that a strategic pastoral thinking, regardless of religion or denomination, can be organically outlined, starting from the data provided through the means available to religious demography. While religious demography provides specific data, it does not explain the phenomena behind this data; it notes and invites questions, debates, and explanations about religious affiliation, religiosity, and religious behaviour. Keywords: religious, demography, agnostics, atheists, Christians, Muslims."

scholarly journals Postmodernism as Discourse from Foucault to Habermas

2015 ◽  
Vol 57 ◽  
pp. 106-109
Author(s):  
Loredana Terec-Vlad ◽  
Alexandru Trifu
Keyword(s):  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Point Of View ◽  
Economic Life ◽  
The Other ◽  
Modern Age ◽  
Other Hand ◽  
The Future ◽  
Information And Communication ◽  
The One

During the last decades, the term postmodernity has been highly invoked, on the one hand, or ignored, on the other hand. It is a term that can be found in the writings of various philosophers and sociologists, and is almost ignored and less meaningful within the economic thinking.At first view and analysis, postmodernity is the successor of the modern age, modernity in other words. However, the concept has much deeper meanings; it regards the future, foreshadowing the new realities of today's world, which are very complex and dynamic, and come under endogenous and exogenous influences, activities and issues that are permanently under the influence of multiple and multidimensional challenges [7]. In fact, the period of globalization, of the new trends of the revolutionary ICT (Information and Communication Technologies), is believed to overlap the period of postmodernism.From the philosophical point of view, but also in consonance with the economic life and realities, the individuals and entities of any nature should be characterized by adaptability, the ability to respond promptly and appropriately to the impulses and reactions that affect that system.

Thunder versus Lightning in Etruria

2016 ◽  
Vol 19 (2) ◽  
Author(s):  
Nancy T. de Grummond
Keyword(s):  
Complex System ◽  
Point Of View ◽  
The Other ◽  
Natural Phenomena ◽  
Recent Scholarship ◽  
Other Hand ◽  
The Future ◽  
Full Knowledge ◽  
Do So

AbstractRecent scholarship on the Etruscans has produced important new insights into their practices of divination of the future by means of thunder and lightning. Not much attention has yet been given to how radically different these two natural phenomena were from the point of view of the systems that framed them and accordingly how different the appropriate rituals were. There was a highly complex system of interpreting lightning, based on the idea that there were nine Etruscan gods who could cast a bolt, and that even when one god wanted to do so, it often involved negotiations with others. It was very important for a diviner to know from which section of the sky the lightning originated and to have a full knowledge of its physical details and meanings. Thunder, on the other hand, was only a sound, and it was difficult to tell where it might have originated. Because it did not cause damage, it was seemingly not as dire as lightning. There does not seem to be a specific statement on which Etruscan deities might cause thunder, and so the diviner did not address the issue of which gods needed to be appeased. Instead, as far as we now know, thunder was judged by the day on which it was heard, and divination was thus carried out through calendrical reference, which did not require the kind of detailed training implied by the surviving texts on lightning. Since lightning is a visible phenomenon, it is not surprising that there are numerous depictions of it recognized in Etruscan mythological art. But while such examples may be duly noted, it is here argued that some images previously interpreted as lightning bolts are actually representations of thunder. A close look shows that, like the disciplines, the depictions of lightning and thunder are quite different from one another.

Peter Winch and H.L.A. Hart: Two Concepts of the Internal Point of View

2007 ◽  
Vol 20 (2) ◽  
pp. 453-473 ◽  
Author(s):  
Veronica Rodriguez-Blanco
Keyword(s):  
Legal Theory ◽  
Point Of View ◽  
The Other ◽  
Reasons For Action ◽  
Internal Point ◽  
Practical Point ◽  
Other Hand ◽  
External Point ◽  
Third Person ◽  
The Concept Of Law

In his book The Concept of Law, Hart advances an arresting idea: the internal point of view. The idea immediately captured the imagination of legal theorists and was envisaged as a step forward in understanding both the nature of law and its practices. There is, however, lack of clarity and ambiguity on understanding Hart’s important notion and its role in different key jurisprudential problems such as the normativity of law and the methodology of legal theory. This article reconstructs the intellectual roots of the internal point of view and argues that although the seeds of Hart’s idea can be found in Winch’s seminal book The Idea of a Social Science, there are striking differences between Hart’s and Winch’s notions of the internal point of view. Winch endeavors to explain the participant’s viewpoint in terms of what the participants are doing. On the other hand, Hart aims to provide an explanation of how the law enables judges and law-abiding citizens to determine what they ought to do. This difference has been often overlooked by legal scholars; however, it provides the key to understanding Hart’s connection between the internal viewpoint and the normativity of law, i.e., the idea that legal rules provide reasons for action and, in some circumstances, create and impose duties and obligations. The distinction also illuminates the demarcation in the methodology of legal theory between an explanation from a detached perspective, namely the second or third-person standpoint of the practical point of view and, on the other hand, either a theoretical or hermeneutical explanation of the participant’s point of view. I argue that the non-recognition of the practical/participant distinction has been pervasive in two ways. First, there has been an overemphasis on the distinction between the internal and the external point of view. Second, a more fundamental distinction between an ‘engaged’ and ‘detached’ viewpoint which is a predominant feature of the practical point of view has been under-researched.

Can the Academic Self-Concept be Positive and Realistic?

2005 ◽  
Vol 19 (3) ◽  
pp. 129-132 ◽  
Author(s):  
Reimer Kornmann
Keyword(s):  
Academic Performance ◽  
Opposite Effect ◽  
Self Esteem ◽  
Point Of View ◽  
The Other ◽  
Self Concept ◽  
High Ability ◽  
Self Image ◽  
Other Hand

Summary: My comment is basically restricted to the situation in which less-able students find themselves and refers only to literature in German. From this point of view I am basically able to confirm Marsh's results. It must, however, be said that with less-able pupils the opposite effect can be found: Levels of self-esteem in these pupils are raised, at least temporarily, by separate instruction, academic performance however drops; combined instruction, on the other hand, leads to improved academic performance, while levels of self-esteem drop. Apparently, the positive self-image of less-able pupils who receive separate instruction does not bring about the potential enhancement of academic performance one might expect from high-ability pupils receiving separate instruction. To resolve the dilemma, it is proposed that individual progress in learning be accentuated, and that comparisons with others be dispensed with. This fosters a self-image that can in equal measure be realistic and optimistic.

‘Newness which never perishes’? Schoenberg’s ambivalent reception of Haydn

2010 ◽  
Vol 51 (1-2) ◽  
pp. 215-224
Author(s):  
Alexander Carpenter
Keyword(s):  
The Other ◽  
Major Influence ◽  
Musical Style ◽  
The Past ◽  
Other Hand ◽  
The Future ◽  
Music Tradition

This paper explores Arnold Schoenberg’s curious ambivalence towards Haydn. Schoenberg recognized Haydn as an important figure in the German serious music tradition, but never closely examined or clearly articulated Haydn’s influence and import on his own musical style and ethos, as he did with many other major composers. This paper argues that Schoenberg failed to explicitly recognize Haydn as a major influence because he saw Haydn as he saw himself, namely as a somewhat ungainly, paradoxical figure, with one foot in the past and one in the future. In his voluminous writings on music, Haydn is mentioned by Schoenberg far less frequently than Bach, Mozart, or Beethoven, and his music appears rarely as examples in Schoenberg’s theoretical texts. When Schoenberg does talk about Haydn’s music, he invokes — with tacit negativity — its accessibility, counterpoising it with more recondite music, such as Beethoven’s, or his own. On the other hand, Schoenberg also praises Haydn for his complex, irregular phrasing and harmonic exploration. Haydn thus appears in Schoenberg’s writings as a figure invested with ambivalence: a key member of the First Viennese triumvirate, but at the same time he is curiously phantasmal, and is accorded a peripheral place in Schoenberg’s version of the canon and his own musical genealogy.

A Nabatean port on the Red Sea: note on the pottery finds from al-Qusayr (al-Wajh, Saudi Arabia)

2020 ◽  
Author(s):  
Caroline Durand
Keyword(s):  
Saudi Arabia ◽  
19Th Century ◽  
Red Sea ◽  
Point Of View ◽  
The Other ◽  
Trade Routes ◽  
Other Hand ◽  
Roman Egypt ◽  
Pottery Sherds ◽  
First Time

Al-Qusayr is located 40 km south of modern al-Wajh, roughly 7 km from the eastern Red Sea shore. This site is known since the mid-19th century, when the explorer R. Burton described it for the first time, in particular the remains of a monumental building so-called al-Qasr. In March 2016, a new survey of the site was undertaken by the al-‘Ula–al-Wajh Survey Project. This survey focused not only on al-Qasr but also on the surrounding site corresponding to the ancient settlement. A surface collection of pottery sherds revealed a striking combination of Mediterranean and Egyptian imports on one hand, and of Nabataean productions on the other hand. This material is particularly homogeneous on the chronological point of view, suggesting a rather limited occupation period for the site. Attesting contacts between Mediterranean merchants, Roman Egypt and the Nabataean kingdom, these new data allow a complete reassessment of the importance of this locality in the Red Sea trade routes during antiquity.

Basic Concepts and Definitions of Allergology

2019 ◽  
Author(s):  
Zoran Vrucinic
Keyword(s):  
Immune Reaction ◽  
The Body ◽  
The Other ◽  
Specific Response ◽  
Other Hand ◽  
Medical Vocabulary ◽  
The Future ◽  
Basic Concepts ◽  
Basic Insight ◽  
Insight Into

The future of medicine belongs to immunology and alergology. I tried to not be too wide in description, but on the other hand to mention the most important concepts of alergology to make access to these diseases more understandable, logical and more useful for our patients, that without complex pathophysiology and mechanism of immune reaction,we gain some basic insight into immunological principles. The name allergy to medicine was introduced by Pirquet in 1906, and is of Greek origin (allos-other + ergon-act; different reaction), essentially representing the reaction of an organism to a substance that has already been in contact with it, and manifested as a specific response thatmanifests as either a heightened reaction, a hypersensitivity, or as a reduced reaction immunity. Synonyms for hypersensitivity are: altered reactivity, reaction, hypersensitivity. The word sensitization comes from the Latin (sensibilitas, atis, f.), which means sensibility,sensitivity, and has retained that meaning in medical vocabulary, while in immunology and allergology this term implies the creation of hypersensitivity to an antigen. Antigen comes from the Greek words, anti-anti + genos-genus, the opposite, anti-substance substance that causes the body to produce antibodies.

Monotheism in Isaiah

2020 ◽  
pp. 218-248
Author(s):  
Matthias Albani
Keyword(s):  
Historical Context ◽  
The Other ◽  
Divine Power ◽  
Crisis Situation ◽  
Catalytic Function ◽  
Other Hand ◽  
The Future ◽  
The One ◽  
Religious Crisis

The monotheistic confession in Isa 40–48 is best understood against the historical context of Israel’s political and religious crisis situation in the final years of Neo-Babylonian rule. According to Deutero-Isaiah, Yhwh is unique and incomparable because he alone truly predicts the “future” (Isa 41:22–29)—currently the triumph of Cyrus—which will lead to Israel’s liberation from Babylonian captivity (Isa 45). This prediction is directed against the Babylonian deities’ claim to possess the power of destiny and the future, predominantly against Bel-Marduk, to whom both Nabonidus and his opponents appeal in their various political assertions regarding Cyrus. According to the Babylonian conviction, Bel-Marduk has the universal divine power, who, on the one hand, directs the course of the stars and thus determines the astral omens and, on the other hand, directs the course of history (cf. Cyrus Cylinder). As an antithesis, however, Deutero-Isaiah proclaims Yhwh as the sovereign divine creator and leader of the courses of the stars in heaven as well as the course of history on earth (Isa 45:12–13). Moreover, the conflict between Nabonidus and the Marduk priesthood over the question of the highest divine power (Sîn versus Marduk) may have had a kind of “catalytic” function in Deutero-Isaiah’s formulation of the monotheistic confession.

scholarly journals The Difficult alliance. Military cooperation between the ruthenian king Daniel and the Piasts of Mazovia

2020 ◽  
Vol 1 (1) ◽  
pp. 104-112
Author(s):  
Michał Skoczyński
Keyword(s):  
Scientific Literature ◽  
Point Of View ◽  
Armed Conflicts ◽  
The Other ◽  
Political Strategy ◽  
Military Cooperation ◽  
Historical Sources ◽  
Other Hand ◽  
Historical Methodology ◽  
The Military

Abstract The article presents the military cooperation between the King of Galician-Volhynian Ruthenia, Daniel Romanowicz, and the Dukes of Mazovia, Konrad and his son Siemowit. The alliance, based as a counterweight for the cooperation between the King of Hungary and the Piast princes of Lesser Poland, who were trying to conquer Ruthenia and dominate all Piast principalities in then fragmented Poland. It lasted for several decades from the 1220’s to the 1260’s and was primarly aimed at mutual protection against the invasions of the pagan Yotvingians and supporting each other in armed conflicts. The text contains an analysis of war expeditions, tactics and ways of support that were given by both sides of the allianace. It is a new point of view on this aspect of political strategy of both sides that in some ways defined the regional situation. Ruthenians granted masovian Piasts some mobile and political uncommited support in fight with their relatives in Poland, and also secured their border with the Yotvingians. On the other hand, masovian knights were an additional strike force in ruthenian plundering expeditions to Yotvingia. The research was based on the analysis of preserved historical sources and scientific literature using historical methodology.

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