scholarly journals Civilian Immunity Without the Doctrine of Double Effect

Utilitas ◽  
2019 ◽  
Vol 32 (1) ◽  
pp. 50-69
Author(s):  
Yitzhak Benbaji ◽  
Susanne Burri
Keyword(s):  
Cognitive Bias ◽  
Armed Conflict ◽  
Double Effect ◽  
The Other ◽  
Doctrine Of Double Effect ◽  
Other Hand ◽  
The One ◽  
Civilian Immunity

AbstractCivilian Immunity (‘Immunity’) is the legal and moral protection that civilians enjoy against the effects of hostilities under the laws of armed conflict and according to the ethics of killing in war. Immunity specifies different permissibility conditions for directly targeting civilians on the one hand, and for harming civilians incidentally on the other hand. Immunity is standardly defended by appeal to the Doctrine of Double Effect (DDE). We show that Immunity's prohibitive stance towards targeting civilians directly, and its more permissive stance towards harming them incidentally, can be defended without appealing to the DDE if agents suffer from overconfidence. Overconfidence is a cognitive bias that affects agents who are required to make decisions in the presence of significant uncertainty.

As Autodefesas Unidas da Colômbia (AUC) e sua Estratégia Paramilitar no Fim do Século XX: Origem, Organização e Ideologia l The United Self-Defenses of Colombia (AUC) and its Paramilitary Strategy at the End of the 20th Century: Origin, Organization and Ideology

2021 ◽  
Vol 10 (1) ◽  
pp. e58909
Author(s):  
Flávia Foresto Porto da Costa
Keyword(s):  
Cold War ◽  
Public Opinion ◽  
20Th Century ◽  
Armed Conflict ◽  
The Other ◽  
The Public ◽  
Self Defense ◽  
Other Hand ◽  
Drug Traffickers ◽  
The One

Criadas em 1994 como uma confederação de exércitos privados colombianos, as Autodefesas Unidas da Colômbia (AUC) marcaram uma expansão do paramilitarismo e um recrudescimento do conflito armado naquele país, tendo sido atuantes até seu processo de desmobilização, em 2002. Buscando compreender as origens, a organização e os discursos desse fenômeno paramilitar, o presente trabalho realiza uma pesquisa bibliográfica e documental que inclui, entre outros, os documentos originais das AUC e entrevistas com suas principais lideranças. Verifica-se que as AUC constituíram, por um lado, uma continuidade em relação ao paramilitarismo das doutrinas contrainsurgentes da Guerra Fria e aos grupos de civis armados financiados por narcotraficantes e proprietários de terra do final dos anos 70, e, por outro, um ponto de inflexão da estratégia paramilitar na Colômbia, quando esses exércitos buscam se projetar como atores políticos e independentes diante da opinião pública, buscando imitar pelo avesso a retórica e as estruturas guerrilheiras.Palavras-Chave: Paramilitarismo; Contrainsurgência; Colômbia.ABSTRACTCreated in 1994 as a confederation of Colombian private armies, the United Self-Defense Forces of Colombia (AUC) marked an expansion of paramilitary and a renewed armed conflict in that country, having been active until its demobilization process in 2002. Seeking to understand the origins, the organization and the speeches of this paramilitary phenomenon, the present work conducts a bibliographic and documentary research that includes, among others, the original documents of the AUC and interviews with its main leaders. It appears that the AUC constituted, on the one hand, a continuity in relation to the paramilitarism of counterinsurgent Cold War doctrines and groups of armed civilians financed by drug traffickers and landowners in the late 1970s, and, on the other hand, a point inflection of the paramilitary strategy in Colombia, when these armies seek to project themselves as political and independent actors before the public opinion, trying to imitate the rhetoric and guerrilla structures inside out.Keywords: Paramilitarism; Counterinsurgency; Colombia. Recebido em: 04/04/2021 | Aceito em: 09/06/2021. 

Training Children for Armed Conflict – Where Does the Law Stand?

2014 ◽  
Vol 14 (3) ◽  
pp. 588-618 ◽  
Author(s):  
Elijah Oluwatoyin Okebukola
Keyword(s):  
Armed Conflict ◽  
Criminal Liability ◽  
Child Soldiers ◽  
The Other ◽  
Other Hand ◽  
Legal Regimes ◽  
The Law ◽  
Training Child ◽  
The One

This article considers the question of criminal liability for training child soldiers. None of the legal instruments prohibiting recruitment and use of child soldiers expressly relates to training child soldiers. This raises the question, on the one hand, whether a trainer can be held liable for training as a distinct offence from recruiting or using child soldiers. On the other hand, it raises the question whether a trainer is necessarily liable for recruitment or use of child soldiers. In an attempt to answer these questions, this article highlights the distinct factual and legal differences between recruitment, training and use of child soldiers. This exercise demonstrates that the law is not clear on the criminal liability of a trainer especially if the trainer is not factually involved in recruitment or use of child soldiers. The article concludes that the express clarification of the nature and extent of criminal liability for training child soldiers will improve the legal regimes for the protection of children in armed conflict.

scholarly journals Time at a Standstill

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Pablo Oyarzun R.
Keyword(s):  
Social Relations ◽  
Double Effect ◽  
Point Of View ◽  
The Other ◽  
Historical Time ◽  
Late Modernity ◽  
Other Hand ◽  
Experience Of Time ◽  
The Subject ◽  
The One

From an experiential point of view, acceleration is a space-shrinking and a time-stressing phenomenon. Assuming that this phenomenon has reached a decisive pervasiveness in late modernity, so that it has become determinative of social relations in general, a question about its impact on the structure of experience and of the subject of experience bears a double signification: on the one hand, it concerns temporality, i.e., the structure of the experience of time, and, on the other hand, it concerns historicity, that is, the structure of the experience of historical time. I suppose that the development of this question requires examining the structure of the experience of the present, given that acceleration may be considered at first sight as an intensive experience of the present. But, then, an examination of the structure of the experience of the present is deeply rooted in the structure of the present itself. So, my argument relates three concepts: experience, present, and acceleration, the latter according to the double effect in which this phenomenon appears (space-shrinking and time-stressing).

Stories and the Self

2020 ◽  
Vol 32 (2) ◽  
pp. 47-58 ◽  
Author(s):  
Stefan Krause ◽  
Markus Appel
Keyword(s):  
Meta Analysis ◽  
The Self ◽  
The Other ◽  
Lower Degree ◽  
Contrast Effects ◽  
Self Perception ◽  
Self Perceptions ◽  
Other Hand ◽  
The One ◽  
Implicit And Explicit

Abstract. Two experiments examined the influence of stories on recipients’ self-perceptions. Extending prior theory and research, our focus was on assimilation effects (i.e., changes in self-perception in line with a protagonist’s traits) as well as on contrast effects (i.e., changes in self-perception in contrast to a protagonist’s traits). In Experiment 1 ( N = 113), implicit and explicit conscientiousness were assessed after participants read a story about either a diligent or a negligent student. Moderation analyses showed that highly transported participants and participants with lower counterarguing scores assimilate the depicted traits of a story protagonist, as indicated by explicit, self-reported conscientiousness ratings. Participants, who were more critical toward a story (i.e., higher counterarguing) and with a lower degree of transportation, showed contrast effects. In Experiment 2 ( N = 103), we manipulated transportation and counterarguing, but we could not identify an effect on participants’ self-ascribed level of conscientiousness. A mini meta-analysis across both experiments revealed significant positive overall associations between transportation and counterarguing on the one hand and story-consistent self-reported conscientiousness on the other hand.

Radioimmunotherapy for treatment of acute myeloid leukaemia and myelodysplastic syndrome

2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann
Keyword(s):  
Acute Myeloid Leukaemia ◽  
Myeloid Leukaemia ◽  
Primary Tumour ◽  
The Other ◽  
Haematopoietic Stem Cell ◽  
Other Hand ◽  
Primary Reduction ◽  
The One ◽  
Acute Myeloid

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.

The Salvage of Ideas: Schumpeter and the Core Problems Still Confronting Economics

2003 ◽  
pp. 15-26
Author(s):  
P. Wynarczyk
Keyword(s):  
The Other ◽  
The Core ◽  
Other Hand ◽  
The One

Two aspects of Schumpeter' legacy are analyzed in the article. On the one hand, he can be viewed as the custodian of the neoclassical harvest supplementing to its stock of inherited knowledge. On the other hand, the innovative character of his works is emphasized that allows to consider him a proponent of hetherodoxy. It is stressed that Schumpeter's revolutionary challenge can lead to radical changes in modern economics.

Pembaharuan Pesantren: Arah dan Implikasi

2018 ◽  
Vol 4 (1) ◽  
pp. 67-84
Author(s):  
Wahyudin Noor
Keyword(s):  
Rapid Development ◽  
The Other ◽  
Learning Methods ◽  
Technology Learning ◽  
Other Hand ◽  
The One ◽  
Traditional Term

Abstract Pesantren are often associated with backwardness and traditionalism in everything: facilities, technology, learning methods, and even the curriculum. For now, it seems like the traditional term for pesantren is no longer relevant enough. The pace of movement in the era of renewal marked by the rapid development of technology has demanded pesantren to make adjustments. However, on the one hand, when viewed from the direction of change, the reform efforts pursued by pesantren are not to erase the old tradition, but merely to add something new so that the old tradition and conditions can be maintained while accepting the presence of a new one. On the other hand, the reform efforts undertaken by pesantren have implications for the fact that the typical values of the pesantren are fading away. Abstrak  Pesantren seringkali diasosiasikan dengan keterbelakangan dan tradisional dalam segala hal: fasilitas, teknologi, metode pembelajaran, dan bahkan kurikulumnya. Untuk saat ini, sepertinya istilah tradisional untuk pesantren, sudah tidak lagi cukup relevan. Laju gerak pembaharuan zaman yang ditandai dengan pesatnya perkembangan teknologi telah menuntut pesantren untuk melakukan penyesuaian diri. Kendatipun demikian, di satu sisi, jika dilihat dari arah perubahan, upaya pembaharuan yang ditempuh pesantren tidaklah untuk menghapus tradisi yang lama, tetapi sekadar menambah dengan sesuatu yang baru sehingga tradisi maupun kondisi yang lama bisa dipertahankan sambil menerima kehadiran yang baru. Di sisi yang lain, upaya pembaharuan yang dilakukan pesantren ternyata berimplikasi pada kenyataan akan semakin pudarnya nilai-nilai khas yang dimiliki oleh pesantren.

PROBLEMATIKA HUKUM IMPLEMENTASI SIFAT FINAL DAN BINDING PUTUSAN YANG DIBUAT OLEH BASYARNAS DALAM PENYELESAIAN SENGKETA BISNIS SYARIAH

2018 ◽  
Vol 1 (1) ◽  
pp. 37-52
Author(s):  
Karimatul Khasanah
Keyword(s):  
The Other ◽  
Other Hand ◽  
The One

BASYARNAS’s verdict in resolving dispute can be negotiated or cancelled by submitting nullification to the Religious Court if the parties or one of them felt dissatisfied with the BASYARNAS verdicts. This case is important to be reviewed academically because of its paradox and ambiguity. On the one hand the decision is final and binding, but on the other hand it could be cancelled through the Religious Court. If the BASYARNAS verdicts really want to be final and binding, the nullification of the verdicts should be abolished. It can be replaced by an amendment of the verdict submitted to BASYARNAS and handed back to the arbitrator (arbitrator panel) who handles the dispute. Apart being fast and confidential, the arbitrator (judge) is more aware of the case, the reasons, evidences and witnesses of the dispute.

Correspondances étymologiques, lexicales et sémantiques dans le processus de féminisation de noms de profession, métiers et activités dans les sociétés française et roumaine

2020 ◽  
Vol 65 (4) ◽  
pp. 401-422
Author(s):  
Estelle Variot
Keyword(s):  
The Other ◽  
Roman World ◽  
Other Hand ◽  
The One ◽  
Over Time

"Etymological, Lexical and Semantic Correspondences in the Process of Feminization of Professional Names, Trades and Activities in French and Romanian Societies. The feminization of thought represented by language and of its varieties in the Roman World has allowed to highlight some convergences that come from a common linguistic heritage, often from Greek and Latin and some hesitation about adapting society to its realities. The feminization of some words which comes from an ancient process illustrates on the one hand the potential of the language and on the other hand some constraints sometimes linked to the society itself, which creates transitional periods, between matching grammatical correction and the evolution of linguistic uses over time. The possibilities of lexical enrichment (internal creation or loan) show the means available in French and Romanian and some convergences in the area of derivation, of lexical units and their etymologies. The grammatical perspective and word constructing methods make it possible to give keys for the feminization of names of trades or professions. Likewise, recording entries in the lexicon, their evolution, their assimilation or sometimes their forgetfulness, for the benefit of new constructions highlight the existence of objective and subjective criteria which teach us a lot about society as a whole. Keywords: feminization of professions, internal and external enrichment, suffixal match, use of words, grammar, lexicon, French and Romanian."

Challenging Gender Hierarchies in Narratives of the Nation: Representations of Women in Zintgraff and the Battle of Mankon and Hard Choice

Imbizo ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Naomi Epongse Nkealah ◽  
Olutoba Gboyega Oluwasuji
Keyword(s):  
The Other ◽  
Literary Texts ◽  
Gender Differentiation ◽  
Hard Choice ◽  
Other Hand ◽  
Gender Hierarchies ◽  
The Face ◽  
The One ◽  
Representations Of Women ◽  
Do So

Ideas of nationalisms as masculine projects dominate literary texts by African male writers. The texts mirror the ways in which gender differentiation sanctions nationalist discourses and in turn how nationalist discourses reinforce gender hierarchies. This article draws on theoretical insights from the work of Anne McClintock and Elleke Boehmer to analyse two plays: Zintgraff and the Battle of Mankon by Bole Butake and Gilbert Doho and Hard Choice by Sunnie Ododo. The article argues that women are represented in these two plays as having an ambiguous relationship to nationalism. On the one hand, women are seen actively changing the face of politics in their societies, but on the other hand, the means by which they do so reduces them to stereotypes of their gender.

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