Arbitration and Literature

2020 ◽  
pp. 894-909
Author(s):  
François Ost
Keyword(s):  
Law And Literature ◽  
State Courts ◽  
Literary Fiction ◽  
Court System ◽  
Literary Works ◽  
The Law ◽  
The Difference ◽  
To Receive ◽  
The Way

This chapter discusses the representation of arbitration in literature. Arbitration seems to receive little attention in literary works, as opposed to justice and the judge, which form the heart of the ‘law and literature’ movement. This disparity is likely due to the collective fascination with the judge as the embodiment of justice. The air of mystery that often surrounds arbitration can also be explained by the difference between the way in which it is presented in fictional texts and in modern law. Literature does not usually apprehend arbitration in the strict understanding of a private judge chosen by the parties, who adjudicates on a dispute by rendering a final and binding award which he cannot enforce without the assistance of state courts. Yet literature’s approximations in the treatment of arbitration are precisely what makes them interesting, in that they shed a welcome light on a justice that is both broader and more perennial than the justice that is rendered within the strict boundaries of the traditional court system. Works of literary fiction also provide many valuable stories about the value and reach of decisions rendered by arbitrators.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

‘As Rude As You Like – Honest’: Theatre Criticism and the Law

2003 ◽  
Vol 19 (3) ◽  
pp. 265-277
Author(s):  
David Roberts
Keyword(s):  
Legal History ◽  
General Assumption ◽  
Law And Literature ◽  
History Of ◽  
Critical Activity ◽  
The Dead ◽  
The Law ◽  
The University ◽  
Critical Process ◽  
The Way

In 2001, when David Soul sued the Daily Mirror for printing a defamatory review of his West End show, The Dead Monkey, questions surfaced about the critic's rights and responsibilities under the law. There have been numerous accounts in recent years of the relationships between law and literature, and the general assumption is that critics can claim the defence of ‘fair comment’. However, very little work has been done on the history, rationale, and implications of that defence, or on the actions before Soul's in which aggrieved theatre people have attempted to bring critics to account. David Roberts evaluates individual cases from legal history in which the critic's rights have been tested, and considers what they have to tell us about the way our society conceptualizes critical activity. Bourdieu's history of taste is invoked, but modified to show how the law's concern with formalism in its own processes has endorsed a matching version of the critical process. David Roberts is Head of English at the University of Central England, Birmingham.

Context and Space as the Tools to Legitimize and Produce Violence

2021 ◽  
pp. 303-323
Author(s):  
Ahmet Faruk Çeçen
Keyword(s):  
Time Perception ◽  
Power Relations ◽  
Structural Violence ◽  
Equal Treatment ◽  
The West ◽  
Legal Structures ◽  
East And West ◽  
The Law ◽  
The Difference ◽  
The Way

Hassan thought the reason of the never-ending clash between East and West is the difference between their varied time perception. Albeit accepting many of Hassan's claims, the author believes the difference between their time perception cannot be the sole reason of the conflict. Examining the conflict through power relations and seeing violence as a tool of it, the study aimed to show how structural violence helps sustaining global, national, local, and domestic economic, social, and cultural inequalities. As far as we know, the legal structures that sustained state-mandated overt discrimination have been dismantled in the West, meaning the equal treatment of all races and religions under the law. However, it is obvious that there are structural obstacles preventing the law from being practiced the way it is intended. Through the concepts ‘context' and ‘space', the researcher will try to explain how discriminative practices are sustained, produced, legitimized, which pave the way for the conflicts to go on (e.g., East and West).

scholarly journals Interpretation and Legal Theory: as críticas de Andrei Marmor ao interpretativismo de Ronald Dworkin

2017 ◽  
Vol 2 (1) ◽  
pp. 39
Author(s):  
Pablo Antonio Lago
Keyword(s):  
Legal Theory ◽  
The State ◽  
Ronald Dworkin ◽  
De Se ◽  
The Law ◽  
The Difference ◽  
State Of Art ◽  
The Way

<p><strong>RESUMO:</strong></p><p><span id="docs-internal-guid-decdab21-6e60-7f17-85b2-a2ed5562f90b"><span>O presente artigo tem por objeto as principais críticas que Andrei Marmor, em seu livro </span><span>Interpretation and Legal Theory</span><span>, apresenta à concepção de interpretação defendida por Ronald Dworkin. Em um primeiro momento, Marmor sugere que, para Dworkin, toda e qualquer conclusão sobre o Direito seria objeto de interpretação, o que não seria correto quando analisamos, por exemplo, o modo como seguimos certas regras e convenções. Em um segundo momento, Marmor argumenta que a perspectiva dworkiniana defende uma objetividade impossível de ser alcançada na interpretação: o fato de que compartilhamos valores de natureza incomensurável, por exemplo, implica na impossibilidade de se considerar que uma interpretação será, todas as coisas consideradas, melhor que outra. Analisando tais críticas à luz das respostas que Dworkin ofereceu ou poderia ter oferecido, conclui-se que a visão de Marmor sobre a concepção dworkiniana de interpretação é incorreta, na medida em que ignora distinções que lhe são centrais, como a diferença entre “conceitos criteriais” e “conceitos interpretativos”, e sobre a natureza integrada dos valores que compartilhamos socialmente. Ainda assim, o debate entre ambos os autores ressalta sua clara natureza metodológica, sendo importante para a compreensão do “estado da arte” da Teoria do Direito contemporânea de vertente analítica.</span></span></p><p><strong>ABSTRACT:</strong></p><p dir="ltr"><span>This paper focuses on the main criticisms presented in Andrei Marmor’s </span><span>Interpretation and Legal Theory</span><span> to Ronald Dworkin’s conception of interpretation. In the first criticism, Marmor suggests that in Dworkin’s theory each and every conclusion about what the law is in a given case is a result of interpretation, which cannot be correct when we think, for example, about the way we follow certain rules and conventions. In the second criticism, Marmor argues Dworkin supports an impossible objectivity view on interpretation: the fact that we share values of incommensurable nature, for example, implies that it is impossible to consider that one interpretation can be the best, all things considered. Considering both criticisms and the answers that Dworkin offered or could have offered to it, this paper concludes Marmor's view about Dworkin's concept of interpretation is incorrect, considering that Marmor ignores central distinctions of Dworkinian thought, such as the difference between "criterial” and “interpretive” concepts, and about the integrated nature of values we share on society. Nevertheless, the debate emphasizes its methodological nature, and is important to understand the state of art of the analytical contemporary legal theory.</span></p><div><span><br /></span></div>

scholarly journals Selected issues of juvenile delinquency proceedings

2018 ◽  
pp. 229-248
Author(s):  
Joanna Rajewska de Mezer
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Offender ◽  
Social Attitudes ◽  
The State ◽  
Penal Code ◽  
Legal Norm ◽  
The Law ◽  
The Difference ◽  
The Way

This paper discusses selected issues of juvenile delinquency proceedings. It points the reader’s attention to the difference in the approach towards a juvenile offender. This different approach consists in shaping the way the state reacts to them breaking a legal norm and directing it towards resocializing education. It underlines the specific characteristics of the interactions’ subject – a juvenile whose identity and social attitudes are in the making. These features justify the fact that educational and reformatory measures based on the law on juvenile delinquency proceedings are applied in their case, rather than the punitive ones defined in the Penal Code. The paper analyses selected topics related to executing specific (educational or reformatory) measures that spark controversy among the entities that take up educational, activating and aid-related actions.

2. Personal property

2019 ◽  
pp. 20-44
Author(s):  
Eric Baskind ◽  
Greg Osborne ◽  
Lee Roach
Keyword(s):  
Basic Principles ◽  
Personal Property ◽  
English Law ◽  
The Law ◽  
The Difference ◽  
Bundle Of Rights ◽  
The Way

This chapter is intended to provide an introduction to the concepts that underpin the law as it relates to property other than estates and interests in land. The issues in the chapter are complex and there remain numerous troublesome areas where the law is far from clear. The chapter begins by considering some basic principles and outlining the way in which English law categorizes property before moving on to consider how ownership is best thought of as a bundle of rights over something that the law recognizes as something which can be owned. Two of the three types of proprietary claim to personal property are discussed here—ownership and possession—followed by a discussion of the nature of legal ownership, including co-ownership, along with the difference between legal and equitable ownership.

The Effects of a Caffeine Placebo and Experimenter Expectation on Blood Pressure, Heart Rate, Well-Being, and Cognitive Performance

2001 ◽  
Vol 6 (1) ◽  
pp. 15-25 ◽  
Author(s):  
Harald Walach ◽  
Stefan Schmidt ◽  
Yvonne-Michelle Bihr ◽  
Susanne Wiesch
Keyword(s):  
Blood Pressure ◽  
Heart Rate ◽  
Cognitive Task ◽  
Well Being ◽  
Control Group ◽  
Double Blind ◽  
Main Effect ◽  
The Difference ◽  
Being There ◽  
To Receive

We studied the effect of experimenter expectations and different instructions in a balanced placebo design. 157 subjects were randomized into a 2 × 4 factorial design. Two experimenters were led to expect placebos either to produce physiological effects or not (pro- vs. antiplacebo). All subjects except a control group received a caffeine placebo. They were either made to expect coffee, no coffee, or were in a double-blind condition. Dependent measures were blood pressure, heart rate, well-being, and a cognitive task. There was one main effect on the instruction factor (p = 0.03) with the group “told no caffeine” reporting significantly better well-being. There was one main effect on the experimenter factor with subjects instructed by experimenter “proplacebo” having higher systolic blood pressure (p = 0.008). There was one interaction with subjects instructed by experimenter “proplacebo” to receive coffee doing worse in the cognitive task than the rest. Subjects instructed by experimenter “antiplacebo” were significantly less likely to believe the experimental instruction, and that mostly if they had been instructed to receive coffee. Contrary to the literature we could not show an effect of instruction, but there was an effect of experimenters. It is likely, however, that these experimenter effects were not due to experimental manipulations, but to the difference in personalities.

Klein with Lacan: A Study on the Reception of Lacanian Ideas in Uruguay and Its Effects on Clinical Practices (1955–82)

2020 ◽  
Vol 22 (3) ◽  
pp. 341-361
Author(s):  
Gonzalo Grau-Pérez ◽  
J. Guillermo Milán
Keyword(s):  
Clinical Practice ◽  
Clinical Material ◽  
Clinical Practices ◽  
Before And After ◽  
The Difference ◽  
The 1960S ◽  
The Relationship ◽  
Discursive Approach ◽  
The Way ◽  
Clinical Cases

In Uruguay, Lacanian ideas arrived in the 1960s, into a context of Kleinian hegemony. Adopting a discursive approach, this study researched the initial reception of these ideas and its effects on clinical practices. We gathered a corpus of discursive data from clinical cases and theoretical-doctrinal articles (from the 1960s, 1970s and 1980s). In order to examine the effects of Lacanian ideas, we analysed the difference in the way of interpreting the clinical material before and after Lacan's reception. The results of this research illuminate some epistemological problems of psychoanalysis, especially the relationship between theory and clinical practice.

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