The Absolute Point of View

Advaita ◽  
2011 ◽  
pp. 174-177
Author(s):  
Srinivasa Rao
Author(s):  
Krystyna Szczepanowska-Kozłowska

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.


1994 ◽  
Vol 28 (1) ◽  
Author(s):  
J. A. Van Rooy

Regarding the issue whether Allah is God, much difference of opinion exists among Reformed theologians. J.H. Bavinck, John Calvin and Z. Ursinus would probably say no in answer to the question as to whether Allah is God. whereas others, like Albert Kruyt and most specialists on Islam would say yes. These differences may be explained as emanating from different approaches. The subjective-personal point of view would not recognize in Allah the God of the Bible. Gods of different faiths reflecting a distorted image of God should, however, only in a very relative and limited way he called false gods. The exegetical point of view should take cognisance of Taul’s statements about the God of Judaism in Romans 10:2 and his own experience according to 2 Timothy 1:3. These Pauline statements make it clear that the God of Judaism cannot historically and objectively be called an idol. Knowledge of Allah of Islam, however, is historically dependent on Judaism and Christianity, and is therefore an extension of the knowledge Jews and Christians have of God. From a New Testament perspective Judaism and Islam cannot be called true religions, but neither can the God they worship be called an idol in the absolute sense of the word.


2007 ◽  
Vol 48 (1) ◽  
pp. 3-53 ◽  
Author(s):  
Gianluca Manzo

A theoretical model is presented that aims to explain the generative mechanisms of educational stratification. The rational educational choice of the Ego is supposed to be influenced by the choices of others. The model explores various forms of direct and indirect interdependent choices between actors. In order to demonstrate the empirical consequences, use is made of an artificial society built upon a “multi agents” computational approach. The dynamic of this virtual society is proved to fit well with empirical French and Italian data from an absolute point of view (distribution of diplomas) as well as a relative one (educational opportunities).


Many experimenters who have used cold phosphorus for the absorption of oxygen from air must have noticed the appearance of flickering clouds of luminosity when the action is nearly complete. These occur in the gas space and obviously represent a delayed action between the slight oxygen residue and the vapour of phosphorus. This action has been discussed by Joubert, who recognised it as due to the propagation of combustion in an explosive mixture. He obtained it in a more striking form by the slow leakage of air into an exhausted vessel containing phosphorus: his conclusion was that below a certain pressure, too small to measure, phosphorus vapour would not combine with oxygen. As the mixture of phosphorus vapour and oxygen became richer in oxygen by the inflow of the latter, the point was reached when combustion became possible and an explosion was propagated. From the point of view of kinetic theory it seemed very strange that phosphorus vapour should behave thus. Joubert’s view of the facts would seem to imply that the reaction of a molecule of phosphorus with oxygen was not dependant solely on the character and energy of molecular collisions, but also on the absolute value of the interval of time between them. These theoretical difficulties, and also the fascination of the experiments themselves, led me to attempt a further investigation.


2019 ◽  
Vol 70 (2) ◽  
pp. 148-157
Author(s):  
Pavla Kochová

Abstract The study deals with the category of comparison of Czech adjectives from the semantic point of view; it concentrates especially on the so-called absolute (or elative) usage of comparatives and the absolute usage of superlatives and their lexicographic treatment (or absence of the lexicographic treatment) in Czech monolingual dictionaries. The question is whether their frequency in corpora can prove lexicalization of this usage.


2019 ◽  
Vol 2 (1) ◽  
pp. 23-32
Author(s):  
Bobby Briando ◽  
Agung Sulistyo Purnomo ◽  
Sri Kuncoro Bawono

This article discusses a research paradigm from several perspectives which is so-called Multiparadigm. Multiparadigm encompasses Positivism; Criticism; Posmodernism; and the Spiritualism. This research is qualitatively descriptive by using explanative method. The result shows that acquiring the whole paradigm will lead to a contemplation that “truth” is not single, on the contrary it is quite diverse. In this sense, the truth in the context of human consciousness is a “realtive”measure. Nevertheless, the “Absolute” truth belongs only to the Source of Knowledge, the Lord of the Universe. A research in which using multiparadigm would widen the horizon in critical thingking. It is expected that point of view will be able to lead us to a revolutionary way of thingking and enhacing intellectual, emotional and spiritual awareness within researchers.  


2020 ◽  
Vol 8 (3) ◽  
pp. 9
Author(s):  
A. V. Vorokhobov

Introduction. The relevance of the study of the concept of subjectivity in the work of I.A. Ilyin is connected with the fact that the center of the philosophical reflection of the Russian thinker is anthropological problems of a worldview nature, which is consonant with the developments of both domestic researchers and foreign thinkers in connection with permanent attempts to overcome the current crisis of understanding the human phenomenon in modern humanitarian knowledge.Materials and Methods. The research material is the work of I.A. Ilyin, related to subjectivist themes. The principle of historicism, concreteness, the method of reconstruction, the comparative method and the phenomenological approach are the methodological basis that makes it possible to optimally explicate the developments of I.A. Ilyin in the field of subjectivity.Results. It was established that the problem of subjectivity is a backbone for the philosophical system of I.A. Ilyin. Models of German classical philosophy from the point of view of I.A. Ilyin reveal their inconsistency, while the phenomenological approach requires supplementation from the standpoint of ontological realism. From the point of view of I.A. Ilyin, personality gains its concreteness through connection with the initiating personality of the Absolute.Discussions and Conclusions. The study allowed to carry out an explication, a constitution and an analysis of the concept of human subjectivity in the work of I.A. Ilyin. The originality of the understanding of subjectivity in the personalistic philosophy of I.A. Ilyin is made in the context of the thinker's creative reflection on the views of Kant, Fichte, Hegel and Husserl. I.A. Ilyin believes that a consistent model of the subject can be built only taking into account all anthropological constants, including both the rational and the spiritual components in their orientation towards the absolute Subject.


2021 ◽  
Vol 24 (2) ◽  
pp. 132-155
Author(s):  
Akli Ahmad ◽  
Rohani Desa

'Akad nikah' is a 'syar'ie contract' which binds married relationships as a bond that stipulates some of the rights that their spouses must fulfill either physical and inner maintenance (nafkah) of wife. The ruling of this maintenance is obligatory to be adorned according to the rates and conditions set by syara'. However, the maintenance rate varies between an individual and another. It is based on the individual capabilities of the giver and the individual position of the recipient. Some maintenance rates are referring to the 'urf of a place. The obligatory nafkah given to the spouse is the absolute possession of the recipient without being withdrawn by the giver. While every gift other than a mandatory maintenance is included in the category (tabarru') or a donation that is permissible or required. This type of grant will specify the occurrence of transfer if the recipient has already received it in cash (qabadh). While jointly acquired property is essentially any property that is jointly owned by two or more parties, by sharing the capital for its ownership. If referred to a jointly acquired property issue that becomes an international polemic either in a civil court or a sharia court, it is again associated with the context of a married relationship that has been legally charged. Does a valid marriage academy become one from the reason of ownership or vice versa? Does the wife's work at home be calculated as the company's capital against the husband's work? Therefore, this paper will answer the question from the point of view whether the property exists typically, simply because of a valid marriage academy, or it must only be through the partnership of a spouse on a joint venture property. However, in some cases, there are also claims made by couples even on property that do not share together with equal capital or energy, only on the grounds as a married couple, or with arguments of helping spouses from a homework standpoint etc. It is hoped that this paper can resolve problems relating to cases of spousal rights claims for jointly acquired assets legally and in line with shariah. This study with a strong objective is to be given the right to the right and not to take non-rights. It is a predetermined justice of syara' which overcomes the customary rulings that are thought to be fairer. But the truth is that the rule of syara' overcomes all other stipulations. Asbtrak ‘Akad nikah’ adalah ‘kontrak syar’ie’ yang mengikat hubungan suami isteri sebagai ikatan yang melazimkan beberapa hak yang mesti ditunaikan oleh pasangan masing-masing sama ada nafkah fizikal dan batin. Hukum nafkah ini adalah wajib dilunaskan mengikut kadar dan syarat yang telah ditetapkan oleh syara’. Namun kadar nafkah adalah berbeza antara seseorang individu dengan yang individu lain. Ia adalah berdasarkan kemampuan individu pemberi dan kedudukan individu penerima. Sesetengah kadar nafkah adalah merujuk kepada ‘urf sesuatu tempat. Nafkah yang wajib diberikan kepada pasangan adalah menjadi milik mutlak penerimanya tanpa boleh ditarik balik oleh pemberi. Manakala setiap pemberian selain daripada nafkah yang wajib adalah termasuk dalam kategori (tabarru’) atau sumbangan yang diharus atau disunnatkan. Pemberian jenis ini akan melazimkan berlakunya pindah milik jika penerima sudah menerimanya secara serah tunai (qabadh). Manakala harta sepencarian pada dasarnya ialah mana-mana harta yang dimiliki secara bersama oleh dua pihak atau lebih, dengan berkongsi modal untuk pemilikannya. Jika dirujuk kepada isu harta sepencarian yang menjadi polemik antarabangsa sama ada di mahkamah sivil atau mahkamah syariah, ia sekali lagi dikaitkan dengan konteks hubungan suami isteri yang telah diakadnikah secara sah. Adakah akad nikah yang sah menjadi satu dari sebab pemilikan atau sebaliknya? Adakah kerja isteri di rumah boleh dikira sebagai modal syarikat terhadap kerja suami? Justeru, kertas ini akan menjawab persoalan dari sudut adakah harta sepencarian itu wujud secara lazim, semata-mata kerana akad nikah yang sah, atau ia mestilah hanya melalui perkongsian suami isteri pada sesuatu harta secara usaha bersama. Namun bagi sesetengah kes tuntutan harta sepencarian di mahkamah, ada juga tuntutan yang dilakukan oleh pasangan walau pada harta yang tidak berkongsi secara bersama sama modal atau tenaga, hanya atas alasan sebagai pasangan suami isteri, atau dengan hujah membantu pasangan dari sudut kerja-kerja rumah dan sebagainya. Diharapkan kertas ini dapat menyelesaikan masalah yang berkaitan kes tuntutan hak pasangan bagi harta sepencarian secara undang-undang dan syariah. Kajian ini dengan objektif kukuh iaitu supaya diberi hak kepada yang berhak dan tidak mengambil hak yang bukan hak. Ia adalah suatu keadilan yang telah ditetapkan syara’ yang mengatasi hukum adat yang disangkakan lebih adil. Namun hakikatnya ketetapan undang syara’ itu mengatasi segala ketetapan selainnya.


1945 ◽  
Vol S5-XV (4-6) ◽  
pp. 329-336 ◽  
Author(s):  
Boris Brajnikov

Abstract Discusses the problem of the distribution of oxygen in the lithosphere from the point of view of the absolute amount of oxygen in rocks and minerals contained in a cubic centimeter and concludes that the absolute content remains constant with depth and that there may be rocks impermeable to solutions, but not to ions.


Author(s):  
Lorenzo Gasbarri

This chapter summarizes the previous findings and exposes the false dichotomies that led to the proliferation of the different conceptualizations. It shows how the four conceptualizations can be applied to a legal dispute concerning the responsibility of an international organization. In particular, it discusses the Al-Dulimi case before the European Court of Human Rights. The circumstances of the case prompt the adoption of one or the other conceptualization on the basis of the argumentative strategy. The analysis highlights the difficulties in providing a general legal framework to establish the responsibility of international organizations and/or of their member states. The chapter is divided into two subsections, focusing on the admissibility and the merits of the Al-Dulimi case. It concludes that the adoption of an international legal framework applicable to all international organizations is subject to the possibility to rebut limited perspectives and to adopt an ‘absolute point of view’.


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