scholarly journals Testamentary trusts and capricious testators

2020 ◽  
Vol 26 (3) ◽  
pp. 222-226
Author(s):  
Mark Pawlowski
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
The Face ◽  
The Subject

Abstract The notion that a trust may fail because it serves no useful purpose, or reflects merely the whim or fancy of the testator, seems to fly in the face of testamentary freedom and, in particular, the testator’s right to dispose of his estate in whatever manner he chooses subject only to the court’s control over illegal or immoral conditions and the making of reasonable financial provision for his family and dependants. So how have the courts grappled with these two competing aspects of public policy? The tension between these two competing aspects of public policy forms the subject matter of this article.

6. Patentable Subject Matter

2019 ◽  
pp. 139-161
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Industrial Application ◽  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Legal Principles ◽  
The Subject ◽  
Patentable Subject Matter

This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive European (EPC and EU) legal principles governing their identification and conception. To this end it discusses the two-fold role of the requirement for an invention in European patent law: first, as a means of filtering protectable from non-protectable subject matter; and second, as a means of denoting the object of patent protection, i.e. that which must be new, inventive, susceptible of industrial application, and clearly and sufficiently defined and described in the patent specification, and that with reference to which the scope of the patent monopoly is defined under Article 69 EPC. It also discusses the range of public policy-based exclusions from European patentability, and their relation to the requirement for an invention itself.

Not Only What or How, but Who? Subjectivity, Obligation, and the Call to Teach

2006 ◽  
Vol 10 (1) ◽  
pp. 61-73 ◽  
Author(s):  
Clarence W. Joldersma
Keyword(s):  
Subject Matter ◽  
Emmanuel Levinas ◽  
Teaching Method ◽  
The Other ◽  
The People ◽  
Asymmetric Relation ◽  
The Face ◽  
The Subject ◽  
God's Call ◽  
The One

THIS PAPER ARGUES that the call to teach ought to be conceptualized not so much in terms of subject matter (‘what’) or teaching method (‘how’) but with respect to the subjectivity of the people involved – that is, of the one who teaches and of the one who is taught. Building explicitly on the work of Emmanuel Levinas, the essay develops the idea of a responsible subject as the condition that makes visible the distinctiveness about the call to teach, suggesting that God's call to teach manifests itself through the face of the student, in the asymmetric relation between the teacher and the student as the other. In doing so, the teacher becomes a responsible subject for and to the student, instead of merely for the subject matter and the methods of teaching. Familiar tensions in teaching illustrate this call to responsibility.

scholarly journals Klauzula porządku publicznego a uznawanie zagranicznych orzeczeń, których przedmiotem jest uznanie wyroku lub stwierdzenie jego wykonalności

2019 ◽  
Vol 24 ◽  
pp. 21-46
Author(s):  
Maciej Zachariasiewicz
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Civil Procedure ◽  
Comparative Approach ◽  
European Law ◽  
The Public ◽  
Eu Legislation ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Domestic Law

The paper is devoted to the admissibility of recognition and enforcement of a judgment of a foreign court, the subject matter of which is recognition or declaration of enforcement of a judgment from yet another state (judgment on judgment). The issue is discussed in particular with reference to the public policy exception which constitutes a ground for refusal of recognition or enforcement of foreign judgments, both under Polish domestic law (the Code of civil procedure) and European law (Brussels I bis Regulation). It remains controversial whether the judgments on judgments should be recognized, thus benefiting from the so called “parallel entitlement”. The article takes a comparative approach, examining solutions adopted by various legal systems and analysing arguments for and against recognition of such decisions. The author takes the position that they should not be recognized (and that their enforceability should not be declared) in Poland, both under the Code of civil procedure (as with respect to judgments originating from non-EU states), as well as under EU legislation, in particular Brussels I bis Regulation. It is advocated that the concept of a “parallel entitlement” should be rejected.

Modifying Extension CRD Programs in Response to Agent-Identified Needs

1974 ◽  
Vol 3 (2) ◽  
pp. 143-150
Author(s):  
Edmond E. Seay
Keyword(s):  
Public Policy ◽  
Community Development ◽  
Subject Matter ◽  
Resource Development ◽  
Community Resource ◽  
Process Orientation ◽  
The Public ◽  
The Subject ◽  
The Moment ◽  
Pure Process

Debate over how one “does” Community Resource Development (CRD) extension undoubtedly dates back to the moment the field consisted of more than a single practitioner. And the debate goes on. Gratto recently outlined five roles the public policy educator can assume, ranging from one with a pure “process” orientation to one where the subject matter is everything. Another recent publication describes six approaches to community development.

scholarly journals A raft or a pyramid: On the nature of intellectual courage

2020 ◽  
Vol 13 (4) ◽  
pp. 5-16
Author(s):  
Ilya T. Kasavin ◽  
Keyword(s):  
Subject Matter ◽  
Virtue Epistemology ◽  
Epistemic Virtue ◽  
Science And Society ◽  
Intellectual Courage ◽  
Ethics Of Science ◽  
Personal Character ◽  
The Face ◽  
The Subject ◽  
The Continuum

The subject matter of the article is the problem of intellectual courage. Its origins can be traced from philosophical ethics, the psychology of morality, virtue epistemology, and the ethics of science. Intellectual courage represents the limit of reasonable fearlessness completing the continuum of “bravery – boldness – courage”. Intellectual courage is an epistemic virtue that ensures the development of knowledge (the discovery and justifica­tion of new theories, risky experiments and inventions) in the face of uncertainty and risk. The intellectual courage as an act of a selfless gift demonstrates the special epistemic sta­tus of the giver and his or her distance from the community. Being unreduced to the qual­ities of personal character, intellectual courage embodies a particular communicative phe­nomenon on the boundary of science and society: the creative loneliness.

scholarly journals Fenomena Pedagang Kaki Lima dalam Sudut Pandang Kajian Filsafat Hukum dan Perlindungan Konsumen

Humaniora ◽  
2014 ◽  
Vol 5 (2) ◽  
pp. 1023
Author(s):  
Shidarta Shidarta
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Legal Protection ◽  
Legal Philosophy ◽  
Main Concern ◽  
Street Vendor ◽  
Street Vendors ◽  
Street Vending ◽  
The Subject ◽  
Points Of View

Street vending always becomes one of main problems in many big cities like Jakarta if the existence of street vendors is perceived as a burden and never comprehensively addressed. It is the main concern raised in this article . A more comprehensive perspective can be applied by using philosophical and legal approaches . This article provides two points of view in term of the phenomena, i.e. legal philosophy and consumer [legal] protection. The first relates the subject matter to the universal legal values known as the legal objectives. The second one includes two perspectives, i.e. the proctection for consumers of street vendor’s products and that for street vendor as consumer of [legal] public policy. 

Words

PMLA ◽  
1935 ◽  
Vol 50 (4) ◽  
pp. 1320-1327
Author(s):  
Colbert Searles
Keyword(s):  
Subject Matter ◽  
Assistant Professor ◽  
The Subject

THE germ of that which follows came into being many years ago in the days of my youth as a university instructor and assistant professor. It was generated by the then quite outspoken attitude of colleagues in the “exact sciences”; the sciences of which the subject-matter can be exactly weighed and measured and the force of its movements mathematically demonstrated. They assured us that the study of languages and literature had little or nothing scientific about it because: “It had no domain of concrete fact in which to work.” Ergo, the scientific spirit was theirs by a stroke of “efficacious grace” as it were. Ours was at best only a kind of “sufficient grace,” pleasant and even necessary to have, but which could, by no means ensure a reception among the elected.

The Taxonomic Structuring of Medical Information and its Usefulness in this Form

1965 ◽  
Vol 04 (03) ◽  
pp. 112-114 ◽  
Author(s):  
H. Zinsser
Keyword(s):  
Subject Matter ◽  
Medical Information ◽  
Central Core ◽  
Diagnostic Strategy ◽  
Programmed Instruction ◽  
Orderly Fashion ◽  
The Subject

An outline has been presented in historical fashion of the steps devised to organize the central core of medical information allowing the subject matter, the patient, to define the nature and the progression of the diseases from which he suffers, with and without therapy; and approaches have been made to organize this information in such fashion as to align the definitions in orderly fashion to teach both diagnostic strategy and the content of the diseases by programmed instruction.

العربية المقاربة المقاصديّة في ردّ ابن فودي على القادح في جلستهم الدعويّة

2018 ◽  
Vol 6 (3) ◽  
Author(s):  
Alawiye Abdulmumin Abdurrazzaq ◽  
Ahmad Wifaq Mokhtar ◽  
Abdul Manan Ismail
Keyword(s):  
Nineteenth Century ◽  
West Africa ◽  
Subject Matter ◽  
Analytical Methods ◽  
Men And Women ◽  
The Subject

This article is aimed to examine the extent of the application of Islamic legal objectives by Sheikh Abdullah bn Fudi in his rejoinder against one of their contemporary scholars who accused them of being over-liberal about the religion. He claimed that there has been a careless intermingling of men and women in the preaching and counselling gathering they used to hold, under the leadership of Sheikh Uthman bn Fudi (the Islamic reformer of the nineteenth century in Nigeria and West Africa). Thus, in this study, the researchers seek to answer the following interrogations: who was Abdullah bn Fudi? who was their critic? what was the subject matter of the criticism? How did the rebutter get equipped with some guidelines of higher objectives of Sharĩʻah in his rejoinder to the critic? To this end, this study had tackled the questions afore-stated by using inductive, descriptive and analytical methods to identify the personalities involved, define and analyze some concepts and matters considered as the hub of the study.

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