For a Negative, Normative Model of Consent, With a Comment on Preference-Skepticism

Legal Theory ◽  
1996 ◽  
Vol 2 (2) ◽  
pp. 113-120 ◽  
Author(s):  
Donald Dripps

Let me begin by admitting that I am wary of any comprehensive definition of consent. This bias stems from my professional concentration on criminal law, in which nouons of freedom and responsibility play vital roles in a wide range of contexts. In each context, however, one discovers that freedom means something different. A voluntary act is any bodily movement not caused by external force or nervous disorder. On the other hand, a voluntary act, however horrific its results, ordinarily may be punished only if the actor was subjectively aware that the act was wrong. In any event, a voluntary act may be excused as the product of duress if another person procures the actor's cooperation in the crime by an illegal threat that would overcome the resistance of a person of ordinary firmness.

Author(s):  
Çetin Arslan ◽  
Didar Özdemir

The Turkish Penal Code (TPC) no.5237 embodies “the reveal of bank and customer secrets” as a crime. However, neither article 6 of the TPC titled “definitions” nor the legal justification of the article contains the definition of the bank or customer secret. On the other hand, the bank or customer secrets are under guarantee of four different codes. These dispositions can be counted as the article 239 of the TPC, the articles 35 and 68/II/a of the Turkish Republic Central Bank Code dated 14.01.1970 and numbered 1211, the articles 73 and 159 of the Banking Code dated 19.10.2005 and numbered 5411 and also the articles 8, 23 and 31 of the Bank Cards and Credit Cards Code dated 23.02.2006 and numbered 5464. Though, these two special codes do not make a connection to the article 239 of the TPC which constitutes the general norm nor the TPC makes a reference to those dispositions. In this study, we will try to explain first the notions of bank and customer secrets, then the penal norms protecting the bank and customer secrets and last, the elements of the crime disposed in the article 239 of the TPC.


2019 ◽  
Vol 7 (1) ◽  
pp. 60-77
Author(s):  
Randi Rosenqvist

This paper discusses how the legal definition of criminal insanity has been altered several times in the Norwegian criminal law, most recently in June 2019. There are difficulties in communicating between psychiatric experts, legal experts, and lay judges, since the description and understanding of psychotic cognition as well as the definition of legal terms are not equally understood. Not all insanity cases are clear-cut. The Norwegian forensic experts must not conclude that the charged person is considered ‘psychotic’ in the legal sense if they are not clinically sure of this. The courts, on the other hand, must not conclude that a person is ‘sane’ if there is doubt about this. This paper discusses how there is little practical knowledge of how experts and courts handle such doubts, and highlights the lack of discussion of these questions in the legal sources.


1989 ◽  
Vol 67 (8) ◽  
pp. 1354-1358 ◽  
Author(s):  
Jacques Paquet ◽  
Paul Brassard

The behaviour of various types of polar dienes towards halogenated ortho quinones has been investigated in a number of representative cases. As compared to the commonly used para analogues, o-quinones provide a wide range of products that indicate a keener response to the nature, number, and position of substituents on both reactants. 3-Halogenated-o-naphthoquinones 1 and 2 react smoothly with a representative vinologous ketene acetal 3, vinylketene acetals 4 and 5, and a monooxygenated diene 6 to provide variously substituted phenanthrenequinones 7–11. Only monooxygenated dienes on the other hand add to o-benzoquinones 14–16 and give convenient syntheses of the corresponding o-naphthoquinones 18–20. Keywords: cycloaddition, o-naphthoquinones, phenanthrenequinones, regiospecificity.


2002 ◽  
Vol 55 (1) ◽  
pp. 1-37 ◽  
Author(s):  
Craig A. Monson

Abstract Reexamination of a wide range of documents surrounding the twenty-second, twenty-fourth, and twenty-fifth sessions of the Council of Trent reveals that delegates strived officially to say as little as possible about music: only that secular or impure elements should be eliminated and that specific issues should be settled locally, by individual bishops and provincial synods. But, beginning with Gustave Reese, several scholars have misleadingly strung together a preliminary canon, stressing textual intelligibility, which was never approved in the general congregations, and the few lines that actually supplanted it, concerned only with the elimination of lasciviousness. On the other hand, a largely unrecognized or misunderstood attack on church polyphony did occur at the less familiar twenty-fifth session, when Gabriele Paleotti may have attempted to suppress elaborate music in female monasteries. Although this attempt was rejected in the general congregations, its restrictions were subsequently revived by local authorities such as Paleotti and Carlo Borromeo in their own dioceses. In the Council's immediate aftermath, reformers such as Paleotti and Borromeo once again focused on the issue of intelligibility, affording it a quasi-official status that seems to have quickly become widely accepted as “iuxta formam concilii.”


2021 ◽  
Vol 60 (3-4) ◽  
pp. 363-398

Abstract The Roman father and son of the same name, P. Decius Mus, became paragon heroes by deliberately giving their lives in battle that Rome might win over a fierce enemy. Both engaged in a special ritual called devotio (from which our word “devotion” derives) to offer themselves to the gods of the Underworld, with whom regular people have very little interaction and to whom they rarely sacrifice. While the Mus family is the most famous for this act, it turns out the willingness to sacrifice oneself for Rome frequently occurs within stories of great patriots, including the story of Horatius Cocles, Mettius Curtius, Atilius Regulus, and even the traitors Coriolanus and Tarpeia. Romans regarded self-sacrifice as a very high, noble endeavor, whereas they loathed and persecuted practitioners of human sacrifice. It is therefore quite amazing to read that the Romans thrice engaged in state-sponsored human sacrifice, a fact they rarely mention and generally forget. The most famous enemy practitioners of human sacrifice were the Druids, whom the Romans massacred on Mona Island on Midsummer Night's Eve, but the Carthaginians, the Germans, the Celts, and the Thracians all infamously practiced human sacrifice. To Romans, the act of human sacrifice falls just short of cannibalism in the spectrum of forbidden practices, and was an accusation occasionally thrown against an enemy to claim they are totally barbaric. On the other hand, Romans recognized their own who committed acts of self-sacrifice for the good of the society, as heroes. There can be no better patriot than he who gives his life to save his country. Often the stories of their heroism have been exaggerated or sanitized. These acts of heroism often turn out to be acts of human sacrifice, supposedly a crime. It turns out that Romans have a strong legacy of practicing human sacrifice that lasts into the historic era, despite their alleged opposition to it. Numerous sources relate one story each. Collecting them all makes it impossible to deny the longevity of human sacrifice in Rome, although most Romans under the emperors were probably unaware of it. The paradox of condemning but still practicing human sacrifice demonstrates the nature of Roman religion, where do ut des plays a crucial role in standard sacrifice as well as in unpleasant acts like human sacrifice. Devotio was an inverted form of sacrifice, precisely because it was an offering to the gods of the Underworld, rather than to Jupiter or the Parcae. Romans may have forsaken devotio, but they continued to practice human sacrifice far longer than most of us have suspected, if one widens the current narrow definition of human sacrifice to include events where a life is taken in order to bring about a better future for the commonwealth, appease the gods, or ensure a Roman victory in battle.


De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Daniel Haman ◽  
◽  
◽  

The difference between intent (dolus) and negligence (culpa) was rarely emphasized in codified medieval laws and regulations. When compared to the legal statements related to intent, negligence was mentioned even more rarely. However, there are some laws that distinguished between the two concepts in terms of some specific crimes, such as arson. This paper draws attention to three medieval Slavic legal documents – the Zakon Sudnyj LJudem (ZSLJ), the Vinodol Law and the Statute of Senj. They are compared with reference to regulations regarding arson, with the focus being on arson as a crime committed intentionally or out of negligence. The ZSLJ as the oldest known Slavic law in the world shows some similarities with other medieval Slavic legal codes, especially in the field of criminal law, since most of the ZSLJ’s articles are related to criminal law. On the other hand, the Vinodol Law is the oldest preserved Croatian law and it is among the oldest Slavic codes in the world. It was written in 1288 in the Croatian Glagolitic script and in the Croatian Chakavian dialect. The third document – the Statute of Senj – regulated legal matters in the Croatian littoral town of Senj. It was written in 1388 – exactly a century after the Vinodol Law was proclaimed. When comparing the Vinodol Law and the Statute of Senj with the Zakon Sudnyj LJudem, there are clear differences and similarities, particularly in the field of criminal law. Within the framework of criminal offenses, the act of arson is important for making a distinction between intent and negligence. While the ZSLJ regulates different levels of guilt, the Vinodol Law makes no difference between dolus and culpa. On the other hand, the Statute of Senj strictly refers to negligence as a punishable crime. Even though the ZSLJ is almost half a millennium older than the Statute of Senj and around 400 years older than the Vinodol Law, this paper proves that the ZSLJ defines the guilt and the punishment for arson much better than the other two laws.


Author(s):  
Shweta Singh ◽  
Sureshbabu Popuri ◽  
Qazi Mohammad Junaid ◽  
Sabiah Shahul Hameed ◽  
Jeyakumar Kandasamy

A wide range of N-tosyl α–ketoamides underwent transamidation with various alkyl amines in the absence of catalyst, base, or additives. On the other hand, transamidation in N-Boc α–ketoamides is achieved...


2020 ◽  
Vol 28 (2) ◽  
pp. 173-186
Author(s):  
Sebastian Koch

Summary A (di)graph without parallel edges can simply be represented by a binary relation of the vertices and on the other hand, any binary relation can be expressed as such a graph. In this article, this correspondence is formalized in the Mizar system [2], based on the formalization of graphs in [6] and relations in [11], [12]. Notably, a new definition of createGraph will be given, taking only a non empty set V and a binary relation E ⊆ V × V to create a (di)graph without parallel edges, which will provide to be very useful in future articles.


2006 ◽  
Vol 34 (101) ◽  
pp. 122-139
Author(s):  
Thor Grünbaum

Action in Narratology, Literature, and LifeIn this article I argue that the representation of simple, bodily action has the function of endowing the narrative sequence with a visualizing power: It makes the narrated scenes or situations ready for visualization by the reader or listener. By virtue of this visualizing power or disposition, these narrated actions disrupt the theoretical divisions, on the one hand, between the narrated story and the narrating discourse, and on the other hand, between plot-narratology and discourse-narratology. As narrated actions they seem to belong to the domain of plot-narratology, but in so far as they serve an important visualizing function, these narrated actions have a communicative function and as such they can be said to belong to the domain of discourse-narratology. In a first part of the article, I argue that a certain type of plot-narratology, due to its retrospective epistemology and abstract definition of action, is unable to conceive of this visualizing function. In a second part, I argue that discourse-narratology fares no better since the visualizing function is independent of voice and focalization. In a final part, I sketch a possible account of the visualizing function of simple actions in narratives.


2019 ◽  
Vol 17 (1) ◽  
pp. 183-194
Author(s):  
Anna Rogacka-Łukasik

ADR (Alternative Dispute Resolution), as a non-judicial resolution of disputes, is a wide range of mechanisms that aim to put an end to a conflict without the need of conducting a trial before the court. On the other hand, the modern form of ADR is ODR (Online Dispute Resolution) – an online dispute resolution system that is the expression of the newest means of communication and technical innovations in order to help in non-judicial dispute resolving. The goal of this publication is to present the ODR platform and, in particular, to describe the process of filing a complaint by the consumer by means of it.


Sign in / Sign up

Export Citation Format

Share Document