Rights, Wrongs, and Injustices

Author(s):  
Stephen A. Smith

Rights, Wrongs, and Injustices is the first comprehensive account of remedial law’s scope, foundations, and structure. A remedy, it argues, is a judicial ruling, and remedial law is the body of rules governing the availability and content of remedies. Focusing on rulings that are intended to resolve private law disputes (e.g. awards of damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. Drawing on doctrinal, historical, and philosophical sources, it advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while some remedies replicate substantive duties, others modify duties or create entirely new duties. Finally, remedial law is underpinned by general principles—principles that cut across the traditional distinctions between so-called ‘legal’ and ‘equitable’ remedies. Together, these arguments provide the foundation for an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive rights, and explains remedial law in terms of general principles, not historical categories.

Author(s):  
Charlotte Scott

This chapter examines Shakespeare’s Venus and Adonis and The Rape of Lucrece within the context of the relationship between word and performance. Tracing the poems’ exploration of both action and affect, it examines the multiple forms through which representation becomes authoritative. Beginning with Venus, it focuses on the relationship between performance—sexual, artistic, theatrical, and authorial—and response, emotional, physical, and amorous. Developing the dynamic between action and affect, The Rape of Lucrece produces a complex relationship between knowledge and representation in which the legibility of the body emerges as a powerful and often destructive marker of authority. In this poem the language of print—reading, writing, interpreting, and reproducing—imaginatively reconstructs the body in action. Situating these narrative poems within the context of dramatic performance and textual authority, the chapter highlights the role of the narrative poems in the development of Shakespeare’s dramatic art.


2019 ◽  
Vol 27 (1) ◽  
pp. 35-52
Author(s):  
Nadia Bouhadid

    Folle por la escritora canadiense Nelly Arcan es el espacio de un intento de auto reconstrucción a través de la exposición de un antagonismo de identidad generado por una relación compleja mantenida con el Otro. La exploración de la vida íntima se expresa entonces como un proceso de reconocimiento y abnegación; El tiempo, el espacio y el cuerpo se racionalizan mediante un discurso muy estereotipado. Nuestro estudio pretende explicar la relación entre esta auto-reconstrucción dentro de un antagonismo de identidad y la escritura autoficcional, en particular gracias al concepto de identidad queer.     Nuestro enfoque se basará en un método descriptivo y analítico que forma parte de un enfoque interdisciplinario que se basa principalmente en la filosofía, el psicoanálisis y los estudios sobre el tema de la identidad y la interculturalidad.   Folle of the Canadian writer Nelly Arcan is the space of an attempt at self-reconstruction through an exposure of an identity antagonism generated by a complex relationship maintained with the Other. The exploration of the intimate life is then expressed as a process of recognition and self-denial; time, space and the body are then rationalized by a very stereotyped speech. Our study aims to explain the relationship between this self-reconstruction within an identity antagonism and autofictional writing, notably thanks to the concept of queer identity.     Our approach will be based on a descriptive and analytical method which is part of an interdisciplinary approach drawing mainly on philosophy, psychoanalysis and studies on the issue of identity and interculturality. Folle de l’écrivaine canadienne Nelly Arcan est l’espace d’une tentative de reconstruction de soi au travers d’une mise à nu d’un antagonisme identitaire généré par un rapport complexe entretenu avec l’Autre. L’exploration de la vie intime est alors exprimée comme un processus de reconnaissance et de reniement de soi ; le temps, l’espace et le corps sont alors rationalisés par un discours très stéréotypé. Notre étude vise à expliquer le rapport entre cette reconstruction de soi au sein d’un antagonisme identitaire et l’écriture autofictionnelle, notamment grâce au concept de l’identité queer. Notre démarche sera basée sur une méthode descriptive et analytique qui s’inscrit au sein d’une approche interdisciplinaire puisant essentiellement dans la philosophie, la psychanalyse et les études portant sur la problématique identitaire et interculturelle.


Author(s):  
Laura Quick

In the world of the biblical authors, there was no semiotic distinction between body and soul according to Western philosophical conceptions. Instead, the body was thought to index personhood. The physical body, encompassing skin, nails, and hair, functioned as a complex boundary of the self. Since clothing was worn directly upon the physical body, it was understood as a manifestation of that boundary, and as such it was thought to take on or encode the personhood of the wearer. Clothing’s potential to index personhood meant that it could be utilized in order to transfer ethnicity or royal status from one individual to another, or even to sever the relationship between an individual from his or her family group. After exploring clothing and the body in ancient Near Eastern literature, I turn to the Hebrew Bible, where we will see that these insights are essential in order to properly comprehend and unpack the function of clothing in certain biblical texts. Clothing’s potential to index abstract conceptions of the self animates and informs these texts, with implications for understanding the complex relationship between the body and the self in the biblical world.


2011 ◽  
Vol 467-469 ◽  
pp. 873-876
Author(s):  
Ting Liang Guo ◽  
Guo Jin Feng ◽  
Ting Ting Guo

The absorption characteristics of micro-structural material, such as “black silicon”, aroused extensive attention. In order to understand the impact of the micro-structure, based on Monte Carlo method, the optical simulation is used for absorption characteristics of micro-structural material. In this paper, the body material used for simulation is a kind of glass, BK7, which has been widely used. And, there are a number of 400 structual cells in the model. The bottom square of each cell is fixed to 50×50 µm, and the height of cells is adjustable. For each height, the reflectance, transmittance and absorption of microstructural material can be caculated. Then the relationship between the height and reflectance, transmittance and absorption can be built up. In our simulation, a very complex relationship between the absorption and the the structure of the material is showed. Generally, the absorption increases while the height of microstructual cell increasing.


2021 ◽  
Vol 12 ◽  
Author(s):  
Ni Han ◽  
Zhiyuan Pan ◽  
Guangwei Liu ◽  
Ruifu Yang ◽  
Bi Yujing

Oxygen is important to the human body. Cell survival and operations depend on oxygen. When the body becomes hypoxic, it affects the organs, tissues and cells and can cause irreversible damage. Hypoxia can occur under various conditions, including external environmental hypoxia and internal hypoxia. The gut microbiota plays different roles under hypoxic conditions, and its products and metabolites interact with susceptible tissues. This review was conducted to elucidate the complex relationship between hypoxia and the gut microbiota under different conditions. We describe the changes of intestinal microbiota under different hypoxic conditions: external environment and internal environment. For external environment, altitude was the mayor cause induced hypoxia. With the increase of altitude, hypoxia will become more serious, and meanwhile gut microbiota also changed obviously. Body internal environment also became hypoxia because of some diseases (such as cancer, neonatal necrotizing enterocolitis, even COVID-19). In addition to the disease itself, this hypoxia can also lead to changes of gut microbiota. The relationship between hypoxia and the gut microbiota are discussed under these conditions.


Author(s):  
Shirazu I. ◽  
Theophilus. A. Sackey ◽  
Elvis K. Tiburu ◽  
Mensah Y. B. ◽  
Forson A.

The relationship between body height and body weight has been described by using various terms. Notable among them is the body mass index, body surface area, body shape index and body surface index. In clinical setting the first descriptive parameter is the BMI scale, which provides information about whether an individual body weight is proportionate to the body height. Since the development of BMI, two other body parameters have been developed in an attempt to determine the relationship between body height and weight. These are the body surface area (BSA) and body surface index (BSI). Generally, these body parameters are described as clinical health indicators that described how healthy an individual body response to the other internal organs. The aim of the study is to discuss the use of BSI as a better clinical health indicator for preclinical assessment of body-organ/tissue relationship. Hence organ health condition as against other body composition. In addition the study is `also to determine the best body parameter the best predict other parameters for clinical application. The model parameters are presented as; modeled height and weight; modelled BSI and BSA, BSI and BMI and modeled BSA and BMI. The models are presented as clinical application software for comfortable working process and designed as GUI and CAD for use in clinical application.


2020 ◽  
Vol 17 (1) ◽  
pp. 59
Author(s):  
Ching Ching Wong

Enterprise Risk Management (ERM) is an effective technique in managing risk within an organization strategically and holistically. Risk culture relates to the general awareness, attitudes and behaviours towards risk management in an organisation. This paper presents a conceptual model that shows the relationship between risk culture and ERM implementation. The dependent variable is ERM implementation, which is measured by the four processes namely risk identification and risk assessment; risk treatment; monitor and consult; communicate and consult. The independent variables under risk culture are risk policy and risk appetite; key risk indicators; accountability; incentives; risk language and internal relationships. This study aims to empirically test the relationship between risk culture and ERM implementation among Malaysian construction public listed companies. Risk culture is expected to have direct effects and significantly influence ERM. This study contributes to enhance the body of knowledge in ERM especially in understanding significant of risk culture that influence its’ implementation from Malaysian perspective.


Author(s):  
Mohamed Ahmed Darwish Abdulla Larii ◽  
◽  
Fatma Ahmed Lari ◽  
Mohamed Ahmed Darwish Abdulla Lari ◽  
◽  
...  

This study intends to find out the mediating effect of organisational culture on the relationship between information system and sustainable performance of manufacturing sector in UAE. This study used AMOS-SEM software to develop mediation model that linking the mediating relationships between Information System, Organisational Culture and Sustainable operation Performance. Data was collected through questionnaire survey among the operation staff of Abu Dhabi manufacturing companies. A total 250 questionnaires were distributed however 205 were returned and only 200 are valid which indicates a response rate of 80%. The analysis found that TPS has positive but not significant effect to SP; OIS has positive but not significant effect to SP; FMW has a positive and significant effect on SP; SDS has a negative and not significant effect to SP and SP has positive but not significant effect OC. For the path relationship between the four exogenous variables (TPS, OIS, SDS, and FMW) and the mediator variable (OC), the results are TPS has positive and significant effect to OC; OIS has positive but not significant effect to OC; FMW has positive and significant effect to OC and SDS has positive and not significant effect to OC. Collectively, the five exogenous constructs (TPS, OIS, SDS, FMW and OC) explained 89% variation in operational performance and 86% of the variation in organisational culture. However, for a mediator, it was found that OC has no significant mediating effect on the relationship between TPS and SP; OC has no significant mediating effect on the relationship between OIS and SP; OC has no significant mediating effect on the relationship between SDS and SP and OC has no significant mediating effect on the relationship between FMW and SP. it can be concluded that there is a positive relationship between information system dimensions and operational performance. However organizational culture has no contributing any mediating effect to the relationship. These findings have contributed to the body of knowledge and could be shared among the UAE manufacturing practitioners.


Author(s):  
Aleksandra Rakhmanova ◽  
Georgiy Loginov ◽  
Vladimir Dolich ◽  
Nataliya Komleva ◽  
Galina Rakhmanova

The relevance of the article is determined by the existence of contradictions between the need to introduce innovative technologies into the educational process at school, as an integral attribute of modern education, and the negative influence of factors on the physical and psycho-emotional state of health of students related to the use of information and communication tools (computers, phones, headphones). The goal of the study was to assess the relationship between the timing of the use of information and communication tools and the frequency of functional and psycho-emotional complaints in groups of middle and high school schoolchildren. 400 schoolchildren of the Saratov Region, the Moscow Region, Leningrad Region and the Republic of Dagestan were surveyed, who made up two groups of research: middle-school schoolchildren (grades 5–6) and high-school schoolchildren (grades 10–11 The survey was carried out by means of the standardized formalized cards which included the questions considering usage time of computers and mobile phones, complaints to a headache, hands pain, other pain and/or feeling of discomfort from visual organ and the organs of hearing, as well as a psycho-emotional state. Statistical analysis of the data was performed using the STATISTICA application software program by StatSoft Inc (USA). To compare the frequencies of a binary feature, a fourfold table of absolute frequencies was constructed and the level of statistical significance for the exact Fisher’s two-tailed test criterion was determined. The study was conducted according to the requirements of bioethics, after signing informed consent statement by teenagers and their parents. The study examined the relationship between the timing of the use of information and communication tools and the frequency of complaints in groups of schoolchildren. The results of the study should be taken into account when developing and implementing preventive measures to prevent negative effects of computers and mobile devices on the body of students.


Author(s):  
M.P. Sutunkova ◽  
B.A. Katsnelson ◽  
L.I. Privalova ◽  
S.N. Solovjeva ◽  
V.B. Gurvich ◽  
...  

We conducted a comparative assessment of the nickel oxide nanoparticles toxicity (NiO) of two sizes (11 and 25 nm) according to a number of indicators of the body state after repeated intraperitoneal injections of these particles suspensions. At equal mass doses, NiO nanoparticles have been found to cause various manifestations of systemic subchronic toxicity with a particularly pronounced effect on liver, kidney function, the body’s antioxidant system, lipid metabolism, white and red blood, redox metabolism, spleen damage, and some disorders of nervous activity allegedly related to the possibility of nickel penetration into the brain from the blood. The relationship between the diameter and toxicity of particles is ambiguous, which may be due to differences in toxicokinetics, which is controlled by both physiological mechanisms and direct penetration of nanoparticles through biological barriers and, finally, unequal solubility.


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