Limited Poetic Liability

2020 ◽  
pp. 141-176
Author(s):  
Lisa Siraganian
Keyword(s):  
Social Role ◽  
Limited Liability ◽  
Literary Form ◽  
Theodore Dreiser ◽  
Legal Person ◽  
Legal Remedies ◽  
Epic Poem ◽  
Charles Reznikoff ◽  
The World ◽  
Corporate Person

Of all the corporate person’s vital qualities, the most powerful and contentious was limited liability: the rule that a corporation’s shareholders cannot be held responsible for more than the value of the shares they own. This chapter examines challenges to that rule and its effects in the world by analyzing the responses of three very different writers: law professor Maurice Wormser, novelist Theodore Dreiser, and poet and lawyer Charles Reznikoff. Should corporations be understood as veils for individuals or as fully formed entities inextricably meshed with their managers, owners, and environment? Each writer struggled to know a corporate person behind its “entity veil” (as Wormser terms it), coming to see that limited liability functioned to minimize the essential duties of managers, employees, and owners. While Wormser recommends “veil piercing” when corporations are taken over by nefarious individuals, Dreiser’s The Financier (1912) uncovers problems with this strategy, and Reznikoff’s epic poem Testimony (1965–78), maps out systemic injuries that limited liability generated. Dreiser and Reznikoff deploy literary form to think about this corporate person precisely when it did not acknowledge all of its attributes as a legal person. When the corporate person devolved and acted more like a tool or machine, how was society supposed to treat it? This chapter’s three conceptual explorations of corporate limited liability shine light on the legal system’s deficiencies when contending with the corporation’s social role. Each writer begins, in his own way, to envision solutions other than strictly legal remedies.

Institutional actors: Children’s emerging beliefs about the causal structure of social roles

2019 ◽  
Author(s):  
Alexander Noyes ◽  
Frank Keil ◽  
Yarrow Dunham
Keyword(s):  
Soccer Player ◽  
Social Roles ◽  
Social Role ◽  
Causal Structure ◽  
Executive Orders ◽  
The Social ◽  
The World ◽  
Children's Beliefs ◽  
Institutional Actors ◽  
The U.S

Institutions make new forms of acting possible: Signing executive orders, scoring goals, and officiating weddings are only possible because of the U.S. government, the rules of soccer, and the institution of marriage. Thus, when an individual occupies a particular social role (President, soccer player, and officiator) they acquire new ways of acting on the world. The present studies investigated children’s beliefs about institutional actions, and in particular whether children understand that individuals can only perform institutional actions when their community recognizes them as occupying the appropriate social role. Two studies (Study 1, N = 120 children, 4-11; Study 2, N = 90 children, 4-9) compared institutional actions to standard actions that do not depend on institutional recognition. In both studies, 4- to 5-year-old children believed all actions were possible regardless of whether an individual was recognized as occupying the social role. In contrast, 8- to 9-year-old children robustly distinguished between institutional and standard actions; they understood that institutional actions depend on collective recognition by a community.

Θεωρία in Ancient Greek Exegetical Literature

2020 ◽  
pp. 85-104
Author(s):  
Борис Тимофеев
Keyword(s):  
Mystical Experience ◽  
Near East ◽  
Literary Form ◽  
Traditional View ◽  
Ancient Greek ◽  
Symbolic Form ◽  
Near Eastern ◽  
The World ◽  
Genesis 1 ◽  
Book Of Genesis

Современная научная богословская мысль склонна к унификации терминов и явлений в сфере своих компетенций. Эта тенденция в современных исследованиях в некоторых случаях распространяется и на древние христианские памятники. Так, например, слово θεωρία многие учёные определяют как мистический метод духовного толкования Священного Писания. Это определение нередко применяется в качестве универсального технического определения при анализе экзегетических произведений древних авторов. При этом игнорируется узус самих экзегетов, которые употребляют это слово в иных значениях. В рамках данной статьи предпринимается попытка выявить и показать основные значения слова θεωρία в древней греческой экзегетической литературе. The article deals with the theology, composition and literary form of the narrations which constitute the prologue part of the book of Genesis (1, 1-11, 26). During the second half of the 19th and at the turn of the 20th cent., following the emergence of the Documentary hypothesis as well as the comparison of the Holy Scripture with the newly-discovered literary monuments of Ancient Near East, the greater part of the narrations that constitute the Prologue were labeled myths and ancient Hebrew folklore (J. Wellhausen, H. Gunkel, J. Frazer). In addition to the then detected Near Eastern parallels, this new attitude towards the narrations of the Prologue was fostered by its lack of a clearly expressed historical dedication and the symbolic form of their exposition. Defending the traditional view of the Prologue as sacred history and prophetic revelation, bishop Kassian (Bezobrazov) proposed to consider all the biblical narrations that contain theophanies as metahistorical. Archpriest Sergey Bulgakov, A. F. Losev and B. P. Vysheslavtsev, who analyzed the phenomenon of myth-making, called the Biblical narration of the origins of the world a myth, but in a sense different from that proposed by Gunkel and Frazer. They have founded a new and positive conception according to which a myth is not fi but rather a kind of reality based upon mystical experience. The author of the article analyzes each of the terms enumerated - «history», «myth», «metahistory» - in their use relating them to the Prologue; he also examines the possibility of their harmonizing with the traditional ecclesiastical view of this part of the book of Genesis.

Prologue to Genesis (1, 1-11, 26): Prophetic Revelation, History, Myth or Metahistory?

2020 ◽  
pp. 17-46
Author(s):  
Михаил Анатольевич Скобелев
Keyword(s):  
Mystical Experience ◽  
Near East ◽  
Literary Form ◽  
Traditional View ◽  
Ancient Near East ◽  
Symbolic Form ◽  
Near Eastern ◽  
The World ◽  
Genesis 1 ◽  
Book Of Genesis

В статье рассматриваются богословие, композиция и литературная форма сюжетов, входящих в состав Пролога книги Бытия (1, 1-11, 26). Во второй половине XIX - начале XX вв. в результате появления Документальной гипотезы и сопоставления Священного Писания с литературными памятниками Древнего Ближнего Востока большая часть сюжетов, составляющих Пролог, была объявлена мифами и древнееврейским фольклором (Ю. Велльгаузен, Г. Гунекель, Дж. Фрезер). Кроме выявленных ближневосточных параллелей, новому отношению к повествованиям Пролога книги Бытия способствовали: отсутствие в нём ясно выраженной исторической задачи и символичность изложения. Защищая традиционный взгляд на Пролог как на священную историю и пророческое откровение, епископ Кассиан (Безобразов) предложил рассматривать все библейские сюжеты, содержащие теофанию, как метаисторию. Протоиерей Сергий Булгаков, А. Ф. Лосев, Б. П. Вышеславцев, занимавшиеся феноменом мифотворчества, назвали библейское повествование о начале мироздания мифом, но в ином смысле, чем это делали Г. Гункель и Дж. Фрезер. Они обосновали новый положительный взгляд, согласно которому миф не есть выдумка или фантазия, а реальность, основанная на мистическом опыте. В статье анализируется каждый из перечисленных терминов: «история», «миф», «метаистория» применительно к Прологу, а также рассматривается возможность их согласования с традиционным церковным взглядом на эту часть книги Бытия. The article deals with the theology, composition and literary form of the narrations which constitute the prologue part of the book of Genesis (1, 1-11, 26). During the second half of the 19th and at the turn of the 20th cent., following the emergence of the Documentary hypothesis as well as the comparison of the Holy Scripture with the newly-discovered literary monuments of Ancient Near East, the greater part of the narrations that constitute the Prologue were labeled myths and ancient Hebrew folklore (J. Wellhausen, H. Gunkel, J. Frazer). In addition to the then detected Near Eastern parallels, this new attitude towards the narrations of the Prologue was fostered by its lack of a clearly expressed historical dedication and the symbolic form of their exposition. Defending the traditional view of the Prologue as sacred history and prophetic revelation, bishop Kassian (Bezobrazov) proposed to consider all the biblical narrations that contain theophanies as metahistorical. Archpriest Sergey Bulgakov, A. F. Losev and B. P. Vysheslavtsev, who analyzed the phenomenon of myth-making, called the Biblical narration of the origins of the world a myth, but in a sense different from that proposed by Gunkel and Frazer. They have founded a new and positive conception according to which a myth is not fiction but rather a kind of reality based upon mystical experience. The author of the article analyzes each of the terms enumerated - «history», «myth», «metahistory» - in their use relating them to the Prologue; he also examines the possibility of their harmonizing with the traditional ecclesiastical view of this part of the book of Genesis.

Translation as Resistance

2017 ◽  
Author(s):  
Joanna Rzepa
Keyword(s):  
Cultural Identity ◽  
Paradise Lost ◽  
Historical Account ◽  
Cultural Transfer ◽  
Polish Literature ◽  
Political Sovereignty ◽  
Epic Poem ◽  
Complex Modes ◽  
The World ◽  
The Rich

This chapter offers a historical account of the presence of Paradise Lost in translation and Polish literature, especially how the poem’s reception in Poland has been shaped by complex modes of linguistic and cultural transfer. The chapter explores the historical and political contexts in which Paradise Lost was translated into Polish, discusses the most important actors involved in its publication, and analyses the strategies employed by the translators. It demonstrates that the eighteenth- and nineteenth-century translators of Milton, who worked at a time when Poland had lost its political sovereignty, focused specifically on the form of the poem, presenting models for a modern Polish epic poem that could help sustain Polish cultural identity. The focus of the twentieth-century translators, who lived through the world wars, shifted from the form to the rich imagery of Milton’s poem, in particular his exploration of the themes of vanity, destruction, and exile.

Some Thoughts About Genre in Old Javanese Literature

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Peter John Worsley
Keyword(s):  
Fourteenth Century ◽  
Thirteenth Century ◽  
Poetic Form ◽  
Literary Works ◽  
Present Essay ◽  
Epic Poem ◽  
The World ◽  
History Of ◽  
Poetic Work

Robson in 1983 and 1988 in his reconsideration of the poetics of kakawin epics and Javanese philology drew readers’ attention to the importance of genre for the history of ancient Javanese literature. Aoyama in his study of the kakawin Sutasoma in 1992, making judicious use of Hans Jauss’s concept of “horizon of expectation”, offered the first systematic discussion of the genre of Old Javanese literary works. The present essay offers a commentary on the terms which mpu Monaguna and mpu Prapañca, authors of the thirteenth century epic kakawin Sumanasāntaka and the fourteenth century Deśawarṇana, themselves, employ to refer to the generic characteristics of their poems. Mpu Monaguna referred to his epic poem as a narrative work (kathā), written in a prakṛt, Old Javanese, and rendered in the poetic form of a kakawin and finally as a ritual act intended to enable the poet to achieve apotheosis with his tutelary deity and his poem to be the means of transforming the world, in particular to ensure the wellbeing of the readers, listeners, copyists and those who possessed copies of his poetic work. Mpu Prapañca described his Deśawarṇana differently. Also written in Old Javanese and in the poetic form of a kakawin—he refers to his work variously as a narrative work (kathā), a chronicle (śakakāla or śakābda), a praise poem (kastawan) and also as a ritual act designed to enable the author in an ecstatic state of rapture (alangö), and filled with the power and omniscience of his tutelary deity, to ensure the continued prosperity of the realm of Majapahit and to secure the rule of his king Rājasanagara. The essay considers each of these literary categories.

scholarly journals Against Declarativity

2020 ◽  
pp. 103-117
Author(s):  
Hans Kellner
Keyword(s):  
Literary Form ◽  
Literary Realism ◽  
Declarative Sentence ◽  
Romantic Literature ◽  
Realist Novel ◽  
Historical Discourse ◽  
The World ◽  
The Difference ◽  
The Moment ◽  
Declarative Statement

Historical discourse is a period phenomenon shaped by the rhetorical and genre understanding of the moment in which it became formalized and professionalized - that is, the second half of the nineteenth century. In the figurative arts, realist painting and its rival, photography, was dominant, and the literary form this notion of consciousness took was the realist novel. Literary realism devices replaced romantic literature devices, just as those latter devices had succeeded, but never replaced the eighteenth-century devices. Historical discourse and the very notion of proper history followed realism devices, mostly the single-lens photographic perspective, one viewer’s viewpoint. From a discourse perspective, this approach took the form of declarative, statement-making. Also, it is not to say that the declarative sentence which gives this term its name was rejected as the preferred way of making assertions about the world - far from it. Although a few self-conscious stylists (Derrida, for instance) work hard to avoid it, the declarative sentence is almost inevitable. Their readers work even harder. But just as narrativity encompasses a realm that extends far beyond narratives, so that narratives can proliferate in an environment that has, in a crucial sense, rejected grand narratives, so declarative statements will exist without entailing statement-making. The declarative act became the defining mark of professional history and remained its principal mode, just as it remains the predominant mode of literature and any number of other discourses. Indeed, this essay is written in the declarative rhetorical mode. However, literary modernism, philosophy, and a host of scientific developments have left this way of representing the world behind. Moreover, the same technological and intellectual changes that caused the modernist vision have, at the same time, created a different world to be depicted, a different sort of event to be represented historically. Not only the form but also the content have changed. The ethical and practical frustrations of representing such events have led to a theoretical challenge to the declarative form of knowing and to a challenge for the genre distinctions that constitute guild history: the idea of the past produced by academically professionalized individuals. For example, the difference between history and fiction - or rather, their respective relationship to truth and reality - has blurred. In contrast, history has adopted some of the modernist literature devices and the present’s practical demands.

scholarly journals International Legal and Economic Aspects of Dispute Resolution within the WTO in the Context of International Integration

2021 ◽  
Vol 14 (2) ◽  
pp. 64-71
Author(s):  
V. P. Kirilenko ◽  
Yu. V. Mishalchenko ◽  
A. N. Shchepova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The European Union ◽  
Advantages And Disadvantages ◽  
Legal Remedies ◽  
The World ◽  
System Functioning ◽  
Dispute Settlement System ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

The article discusses issues related to the settlement of disputes within the framework of the World Trade Organization, as well as assesses the advantages and disadvantages of this system. The specific problems of the dispute settlement system functioning today are considered, and options for optimizing the dispute resolution mechanism and various ways to improve the effectiveness of legal remedies in cases of non-compliance with decisions are proposed. Special attention is paid to the latest topical disputes involving the Russian Federation, the European Union, Ukraine, China and USA resolved within the framework of the World Tr ade Organization, as well as to the crisis faced by the organization due to the absence of a permanent appeals body.

scholarly journals Development history and social role of writing

2020 ◽  
Vol 101 (4) ◽  
pp. 60-66
Author(s):  
Ye Tuyte ◽  
Keyword(s):  
Social Role ◽  
Great Distance ◽  
Cultural Development ◽  
Social Needs ◽  
Evolutionary Development ◽  
Human Society ◽  
Linguistic Communication ◽  
The World ◽  
History Of

Writing is very important for human society. This is the highest indicator of cultural development. Writing provides linguistic communication between people. For many centuries man has been using writing to communicate with each other. It helps to connect people who are from each other both at close and at a great distance. The article examines the problem of the origin of writing in the history of mankind, the history of the formation and development of the known types of writing, as well as its social role (functions). The article reveals the issues of the process of improving writing: its meaning in the development of society, the main stages of its formation. The letter has a long and complex history of its development, which covers a period of several thousand years. Therefore, the article determines the place of pictographic, ideographic, syllabic and letter psychology in meeting social needs. of its time. The writing of the peoples of the world has developed along different paths, the writing of each language of the world has its own characteristics that distinguish it from all other types of written speech. The article covers in detail such issues as the approximate time of the origin of writing, the causes and foundations of its occurrence, i.e. the factors that influenced its emergence, as well as the first users of writing, the form of the first writing, its evolutionary development over time, existing today types and signs of writing. The issues of the alphabet that caused the origin of writing (writing), the first sounds and types of Phoenician writing, its improvement, Greek and Aramaic writing, which caused the origin of the alphabet of the countries of the West and the East, problems of the science of descriptiveness — the problem of graphics, spelling, transcription and transliteration are considered.

scholarly journals Reorientasi Gerakan Feminisme Islam; Sebuah Upaya Membangun Kesetaraan Perempuan

FIKROTUNA ◽  
2017 ◽  
Vol 3 (1) ◽  
Author(s):  
ABD WARITS
Keyword(s):  
Skin Color ◽  
Social Role ◽  
Human Beings ◽  
Men And Women ◽  
The World ◽  
The Status ◽  
History Of ◽  
The Difference ◽  
The Right ◽  
Arbitrary Action

In the history of women's life, the woman has never cracked from the wild cry of helplessness. Woman always become victim of men’s egoism, marginalized, hurt, unfettered, fooled and never appreciated the presence and role. This situation troubles many intellectual Muslims who have perspective that Islam teaches equality, equality for all human beings in the world. The difference in skin color, race, tribe and nation, as well as gender does not cause them to get the status of the different rights and obligations. The potential and the right to life of every human being and the obligation to serve the Lord Almighty is the same. Indeed, all human beings, as caliph in the world, have the same obligation, namely to prosperity of life in the world. No one is allowed to act arbitrarily, destroying, or hurt among others. They are required to live side by side, united, and harmonious, help each other and respect each other. However, that "demand" never becomes a reality. The differences among human identities become a barrier and the cause of divisions. For them, those who are outside environment, different identities are "others" who rightly do not need them "know". The difference of identity has become a reason to allow "hurt" each other. Several intellectual Muslims who recognize the wrong (discrimination against women), and then they attempt to formulate a movement for women's liberation. All the efforts have been done on the basis of awareness that arbitrary action by any person can never be justified. They also realize, that the backwardness of women are "stumbling block" that will lead to the resignation of a civilization. However, this struggle found a lot of challenges; including the consideration of "insubordination" to conquer the power of men, despite it had done by using many strategies. Starting from the writing of scientific book and countless fiction themed women has been published in order to give awareness of equality between men and women. This paper seeks to reexamine the process of the empowerment struggle to give a brand new concept, so that the struggle of women empowerment is not as insubordination and curiosity process in an attempt to conquer the male. Through approach of literature review and observations on the relationship between men and women, the writer finally concluded that the movement of Islamic feminism is not a movement to seize the power of men, but an attempt to liberate women from oppression so that they get the rights of their social role, giving freedom for women to pursue a career as wide as possible like a man, without forgetting a main duty as a mother: to conceive, give birth and breastfeed their children.

scholarly journals ARTIFICIAL INTELLIGENCE: IS IT A THREAT OR AN OPPORTUNITY BASED ON ITS LEGAL PERSONALITY AND CRIMINAL LIABILITY?

2021 ◽  
Vol 6 (20) ◽  
pp. 01-09
Author(s):  
Mark Louis ◽  
Angelina Anne Fernandez ◽  
Nazura Abdul Manap ◽  
Shamini Kandasamy ◽  
Sin Yee Lee
Keyword(s):  
Artificial Intelligence ◽  
Information Technology ◽  
Criminal Liability ◽  
Legal Person ◽  
Human Intelligence ◽  
Legal Research ◽  
Legal Personality ◽  
The World ◽  
Technological World ◽  
The Impact

Information technology is taking the world by storm. The technological world is changing rapidly and drastically. Human activities are taken over by robots and computers. The usage of computers and robots has increased productivity in various sectors. The emergence of artificial intelligence has stirred up many debates on both its importance and limitations. Artificial intelligence is directed to the usage of Information Technology in conducting tasks that normally require human intelligence. The expectation of artificial intelligence is high, nevertheless, artificial intelligence has its shortcomings namely the impact of artificial intelligence on the concept of a legal personality. The problem with artificial Intelligence is the debate on whether does it have a legal personality? And another problem is under what situation does the law treat artificial intelligence as an entity with its own rights and obligations. The objective of this article is to examine the various definitions of legal personality and whether artificial intelligence can become a legal person. The article will also examine the criminal liability of artificial intelligence when a crime has been committed. The methodology adopted is qualitative namely Doctrinal Legal Research by analyzing the relevant legal views from various journals on artificial intelligence. The study found out that artificial intelligence has its limitations in defining its legal personality and also in examining the criminal liability when a crime has been committed by robots.

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