8 Conclusion

2011 ◽  
Author(s):  
Sabahi Borzu
Keyword(s):  
International Law ◽  
Status Quo ◽  
The Other ◽  
State Responsibility ◽  
Private Law ◽  
Public International Law ◽  
Other Hand ◽  
The Status ◽  
Dual Origin

This chapter discusses ten important findings included in this book. One finding is the dual origin of the modern rules on State responsibility and reparation in both private law notions and public international law, resulting in the objective of reparation of putting the aggrieved party in the ‘hypothetical position’, that would have existed if the unlawful act had not occurred. This objective is mirrored in the modern Chorz ów Factory formula. Restitution, which seeks to re-establish the status quo ante, may need to be accompanied by additional compensation to fully reach the hypothetical position. The amount of compensation, on the other hand, based on the recent jurisprudence, may vary depending on whether the acts complained of were lawful or unlawful. Other important points arising from this study concerning the principles of reparation and compensation are also highlighted in the chapter.

Political World

1990 ◽  
Vol 3 (2) ◽  
pp. 139-153
Author(s):  
Brian Langille
Keyword(s):  
Ludwig Wittgenstein ◽  
Legal Theory ◽  
Status Quo ◽  
The Other ◽  
Political World ◽  
Other Hand ◽  
The Status ◽  
Critical Legal Theory ◽  
The One

It is not transparently obvious why legal theorists are increasingly attracted to the ideas and methods of Ludwig Wittgenstein. After all, Wittgenstein’s writings are notoriously difficult and he said almost nothing, and certainly nothing sustained, about law. And why would self-proclaimed legal theorists be attracted to someone who was quite explicitly hostile to “theory”, who viewed philosophy as a sort of therapy, and who said, famously, “philosophy leaves everything as it is”? But a still more interesting question is, why has Wittgenstein received such curious and conflicting treatment at the hands of the critical legal theorists? On the one hand critical legal theory celebrates Wittgenstein’s work as a key to the dismantling of traditional jurisprudence, but on the other hand critical scholars bemoan his alleged debilitating endorsement of the status quo. It is this last question upon which this essay is focussed.

Legal Title versus Effectivités: Prescription and the Promise and Problems of Private Law Analogies

2011 ◽  
Vol 13 (1-2) ◽  
pp. 147-188 ◽  
Author(s):  
Roger O’Keefe
Keyword(s):  
International Law ◽  
Structural Difference ◽  
The Other ◽  
Private Law ◽  
Territorial Dispute ◽  
Title Versus ◽  
Public International Law ◽  
The One

AbstractWhich is to prevail in a territorial dispute between the legal title of the one state and the actual display of sovereignty by the other? In the absence of any conventional or customary rule on point, Hersch Lauterpacht would have urged recourse to analogy with municipal private law. But the structural difference between the international and municipal legal orders and the availability of several pertinent private law analogies have complicated the answer to whether what is known as prescription finds a place in public international law. The recent resolution of the question highlights both the utility of and the risk of doctrinal imprecision involved in recourse by the international adjudicator to private law analogies.

scholarly journals EUNUS: THE COWARDLY KING

2013 ◽  
Vol 63 (1) ◽  
pp. 237-252 ◽  
Author(s):  
Peter Morton
Keyword(s):  
Historical Context ◽  
Status Quo ◽  
The Other ◽  
Night Time ◽  
Slave Owner ◽  
Other Hand ◽  
Diodorus Siculus ◽  
The Status ◽  
The One ◽  
The City

In 135b.c., unable to endure the treatment of their master Damophilus, a group of slaves, urged on by the wonder-worker Eunus, captured the city of Enna in Eastern Sicily in a night-time raid. The subsequent war, according to our sources the largest of its kind in antiquity, raged for three years, destroying the armies of Roman praetors, and engaging three consecutive consuls in its eventual suppression. The success of the rebels in holding out for years against a progression of Roman armies indicates the importance of the event, and the capabilities of their leaders. One expects the man capable of leading such a revolt to have been exceptional, and in this respect the ancient accounts do not disappoint: in a narrative replete with larger-than-life characters, ranging from the depraved slave-owner Damophilus (Diod. Sic. 34/5.2.10, 35–8) to the restrained Roman consul Calpurnius Piso (Val. Max. 4.3.10), one figure stands out in Diodorus Siculus' depiction: the leader of the slaves. This man, Eunus, whom Diodorus describes as the leader of the event he calls the (first) Sicilian Slave War, has been variously interpreted in modern scholarship. Analyses have fallen into two (not mutually exclusive) categories. On the one hand, the hostile and outlandish account of Diodorus is accepted uncritically, with the details of Eunus' character understood as faithful, historical representations. On the other hand, the negative facets of Eunus' character are reinterpreted in a positive historical context, thereby outlining his suitability and capability to lead such a large and successful insurgency against Rome. Indeed, Urbainczyk recently argued that despite the difficulties in saying anything definite about the leaders of the so-called Sicilian Slave Wars ‘[Diodorus] attributed to [Eunus] all the powers, abilities, wisdom, and cunning that challenges to the status quo had to have in order to succeed’.

scholarly journals Tactical Extremism

2018 ◽  
Vol 113 (1) ◽  
pp. 282-286 ◽  
Author(s):  
JON X. EGUIA ◽  
FRANCESCO GIOVANNONI
Keyword(s):  
Status Quo ◽  
The Other ◽  
Small Probability ◽  
The Road ◽  
Other Hand ◽  
Future Success ◽  
The Status ◽  
Welfare Implications ◽  
The One ◽  
Mainstream Party

We provide an instrumental theory of extreme campaign platforms. By adopting an extreme platform, a previously mainstream party with a relatively small probability of winning further reduces its chances. On the other hand, the party builds credibility as the one most capable of delivering an alternative to mainstream policies. The party gambles that if down the road voters become dissatisfied with the status quo and seek something different, the party will be there ready with a credible alternative. In essence, the party sacrifices the most immediate election to invest in greater future success. We call this phenomenon tactical extremism. We show under which conditions we expect tactical extremism to arise and we discuss its welfare implications.

scholarly journals Political Art Criticism and the Need for Theory

Arts ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 1
Author(s):  
Daniel Neofetou
Keyword(s):  
Art Criticism ◽  
Status Quo ◽  
The Other ◽  
The Political ◽  
Political Art ◽  
Art Theory ◽  
Political Force ◽  
Other Hand ◽  
The Status ◽  
The Way

Day-to-day art criticism and art theory are qualitatively distinct. Whereas the best art criticism entails a closeness to its objects which is attuned to particularity, art theory inherently makes generalized claims, whether these claims are extrapolated from the process of art criticism or not. However, this article argues that these dynamics are effectively reversed if we consider the disparity between the criticism of so-called political art and attempts over the last century to elaborate theory which accounts for the political in art qua art. Art theory has located the political force of art precisely in the way that its particularity opposes or resists the status quo. Art criticism, on the other hand, tends to treat artwork as a text to be interpreted whose particularity may as well dissolve when translated into discourse. Drawing from the work of Theodor W. Adorno, this article argues that political art theory calls for art criticism more attuned to experience if it is to elucidate art’s critical valence.

Changes That Don't Improve Matters

1971 ◽  
Vol 4 (02) ◽  
pp. 129-131
Author(s):  
Harvey C. Mansfield
Keyword(s):  
Executive Director ◽  
Status Quo ◽  
The Other ◽  
Constitutional Amendment ◽  
Public Issues ◽  
Annual Budget ◽  
Other Hand ◽  
The Status

Most of what Professors Hawkinson and Rosenblum have written on behalf of the proposed new Constitution for the Association—about membership qualifications, about purpose and about taking positions on current public issues—appears to me to argue equally in favor of the Constitution we already have. On these matters the two documents are not far apart. Since I find their arguments for the status quo well stated and persuasive, I shall confine my comments to some major points of difference between the documents, and to changes proposed that would, as I think, be for the worse.1. The draft is loaded with unnecessary and impractical detail. To be sure, Hawkinson and Rosenblum make a virtue out of relieving the membership of the power to pass on the dues structure by way of constitutional amendment. I will not dispute that view myself, but I can sympathize with those who feel that a referendum on dues is not merely “pointless and wasteful.” On the other hand, what is gained by specifying that the President shall (Art. VII, Sec. 2(f)) “be responsible for the preparation of the budget…” and that the Executive Director shall (Art. IX, Sec. 4 (b)) “assist the President in preparing the annual budget”? Who else, when the natural office for that responsibility, an elected Treasurer, is to be abolished?

scholarly journals Two pages from the culture of the double speech and of tacit suppositions

wisdom ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 5-11
Author(s):  
Ana Bazac
Keyword(s):  
Political Discourse ◽  
Power Relations ◽  
Status Quo ◽  
The State ◽  
The Other ◽  
The Political ◽  
Modern Culture ◽  
Other Hand ◽  
The Status

The power relations – at the time of Erasmus and Mandeville, and also in present – make the critique of the status quo to be very difficult. An answer to this situation was and is the complex of the double speech and tacit political suppositions. The paper suggests some similarities between the texts of the above-mentioned thinkers and, on the other hand, the present mainstream political jargon, by emphasising rather the differences: it is noteworthy that Mandeville and Erasmus had a strong, while indirect through their humoristic use of the double speech, critique of the state of things described by them. The conclusions developed here concern the tacit suppositions in the political discourse and how the two items are perennial within the modern culture.

Part I The Doctrine of Res Judicata in Litigation, 2 The Doctrine of Res Judicata in International Law

2016 ◽  
Author(s):  
Schaffstein Silja
Keyword(s):  
International Law ◽  
The Other ◽  
Private International Law ◽  
Member States ◽  
Public International Law ◽  
Res Judicata ◽  
Other Hand ◽  
Recognition And Enforcement

This chapter discusses how international law deals with the problems of multiple proceedings and conflicting judgments concerning the doctrine of res judicata. In international law, the problem is handled differently depending on whether it arises in the private or public international law context. In private international law, the problem has long been resolved by domestic private international law acts and various bilateral conventions. In Europe, the Brussels I Regulation seeks to avoid these problems among Member States by unifying rules on jurisdiction and the recognition and enforcement of judgments. On the other hand, in public international law, a uniform doctrine of res judicata has been developed on the basis of domestic res judicata rules.

Wealth and Warfare in the Novels of Jane Austen

2019 ◽  
pp. 151-168
Author(s):  
Seebany Datta-Barua ◽  
Jonathan S. Masur
Keyword(s):  
Jane Austen ◽  
Status Quo ◽  
The Other ◽  
Important Distinction ◽  
Other Hand ◽  
Aggressive Action ◽  
The Status ◽  
Social Advancement ◽  
Central Characters ◽  
Naval Officers

Numerous characters in Austen’s novels have commissions in the army or militia, and several central characters enlist in the navy. There was an important distinction between these two services. Officers in the army and militia were paid wages. Sailors, on the other hand, were entitled not just to wages but also to a share in the value of any “prizes” that they captured at sea. We theorize that this prize system existed because naval officers and crew needed to be given equity shares in their endeavors in order to create incentives for aggressive action. This distinction between how soldiers and sailors were paid has a profound effect on the development of Austen’s characters. The army is a force for the status quo. The navy, on the other hand, is an avenue for true social advancement. Austen also uses the choice between services to show the character of the individuals who enlist.

The Law of Nations, Static and Dynamic

1933 ◽  
Vol 27 (4) ◽  
pp. 630-650 ◽  
Author(s):  
Josef L. Kunz
Keyword(s):  
International Law ◽  
Historical Development ◽  
Status Quo ◽  
The Other ◽  
Necessary Condition ◽  
Dynamic Development ◽  
Law Of Nations ◽  
The Status ◽  
The Law ◽  
In Virtue Of

The antithesis between a static and a dynamic law of nations, as used in this article, means the distinction between a law of nations primarily occupied with the static purpose of preserving the status quo, containing no rules for its own modification by a peaceful and orderly process, and a law of nations providing rules for its own change. Of course, even a static law will never be able to stop the historical development in a world governed by the supreme rule of change, but this dynamic development will be brought about in many instances by the violation of the static law, by violent methods—revolution in internal, war in international law. On the other hand, no juridical order can be exclusively dynamic, for the maintenance of the law in force is a necessary condition for juridical security. The dynamic law will repose on a balance between static rules making for security, and dynamic rules providing for the necessary change by peaceful methods in conformity with the law which is to be changed. The change here will not be the outcome of a revolution, but of an evolution, brought about in virtue of the juridical order itself.

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