Isidore of Seville on ius gentium: The View of a Theologian

Author(s):  
Bart Wauters

Abstract In this article, my objective is to provide an understanding of Isidore of Seville’s enormously influential definition of ius gentium in its own right. Recent studies have primarily focused on the legal aspects of Isidore’s conception of ius gentium. However, while Isidore as a man of learning was familiar with the legal categories he used, it is by no means certain that his understanding of legal concepts would match that of a contemporary jurist. Isidore was a theologian, and there are strong indications that he was more than a mere transmitter of classical knowledge. In this article, I show that he was an original thinker whose conception of ius gentium contained several innovative features that could not be fully grasped without a deep understanding of his theological ideas based on Augustine and Gregory the Great.

Author(s):  
Viacheslav Politanskyi ◽  
Dmytro Lukianov ◽  
Hanna Ponomarova ◽  
Oleh Gyliaka

The article examines the characteristics of the functioning of information security in the e-government system, a phenomenon that is only possible based on the development of the information security infrastructure. The authors analyze information security as a key element of the concept of e-government, as well as various interpretations and ways of explaining the concept of information security. The research team's approach to the definition of the concept of information security is formed from the deep understanding of this concept, in terms of general theoretical analysis. Topics, objects, functions, types, principles, forms, levels of provision and structural elements of information security are studied. It is concluded that the organization of modern computer security of the State is undoubtedly a complex, systemic and multilevel phenomenon, whose state, dynamics, and perspectives are directly influenced by many external and internal factors, the most important being the political situation. In the world the presence of possible external and internal threats; state and level of development of information and communication of the country and internal political situation, among other aspects.


Author(s):  
Edgars Rencis ◽  
Janis Barzdins ◽  
Sergejs Kozlovics

Towards Open Graphical Tool-Building Framework Nowadays, there are many frameworks for developing domain-specific tools. However, if we want to create a really sophisticated tool with specific functionality requirements, it is not always an easy task to do. Although tool-building platforms offer some means for extending the tool functionality and accessing it from external applications, it usually requires a deep understanding of various technical implementation details. In this paper we try to go one step closer to a really open graphical tool-building framework that would allow both to change the behavior of the tool and to access the tool from the outside easily. We start by defining a specialization of metamodels which is a great and powerful facility itself. Then we go on and show how this can be applied in the field of graphical domain-specific tool building. The approach is demonstrated on an example of a subset of UML activity diagrams. The benefits of the approach are also clearly indicated. These include a natural and intuitive definition of tools, a strict logic/presentation separation and the openness for extensions as well as for external applications.


2016 ◽  
pp. 52-65
Author(s):  
Patryk Kołodyński ◽  
Paulina Drab

Over the past several years, transplantology has become one of the fastest developing areas of medicine. The reason is, first and foremost, a significant improvement of the results of successful transplants. However, much controversy arouse among the public, on both medical and ethical grounds. The article presents the most important concepts and regulations relating to the collection and transplantation of organs and tissues in the context of the European Convention on Bioethics. It analyses the convention and its additional protocol. The article provides the definition of transplantation and distinguishes its types, taking into account the medical criteria for organ transplants. Moreover, authors explained the issue of organ donation ex vivo and ex mortuo. The European Convention on Human Rights and Biomedicine clearly regulates the legal aspects concerning the transplantation and related basic concepts, and therefore provides a reliable source of information about organ transplantation and tissue. This act is a part of the international legal order, which includes the established codification of bioethical standards.


Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?


1988 ◽  
Vol 17 ◽  
pp. 35-44 ◽  
Author(s):  
Joyce Hill

Augustine, Jerome, Bede, Gregory, Smaragdus and Haymo, the exegetical authorities acknowledged by Ælfric in the Latin preface to the Catholic Homilies, frequently used etymologies as one of their techniques for penetrating the words of the biblical text in order to arrive at their spiritual essence. To the modern student of language their interpretations often seem arbitrary, even bizarre, but the idea that there was an intimate connection between the signifying name and the person, place or thing signified was well established within the scriptural canon and was extended and confirmed by the cumulative authority of the exegetes themselves. It was Isidore of Seville, in his Etymologies, who provided the most systematic definition of this tradition of etymologizing. As he explained it, it was a method for determining the true essence of the thing designated by the process of penetrating its appellation, since all things and all activities which were named ‘secundum naturam’ (as opposed to those arbitrarily named ‘secundum placitum’) were designated by those words which had etymologies enshrining the very quality or idea so designated. Given this definition, with its underlying philosophical and linguistic assumptions, it is easy to understand why etymologies were exploited in Christian exegesis and teaching. It was accepted that biblical names were in the category ‘secundum naturam’ since they were God-given or at least divinely sanctioned, and the rationale and method of their penetration had the advantage of harmonizing closely with the general interpretative process that was employed.


Author(s):  
Alla Brovdii ◽  

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.


2013 ◽  
Vol 44 (2s) ◽  
Author(s):  
Z. Ludwiczak ◽  
S. Benni ◽  
P. Tassinari

The importance of cultural, historical and identity values of traditional rural landscapes is widely acknowledged in the relevant scientific fields and in legislation. Furthermore, the knowledge of their evolution represents a fundamental basis in order to manage landscape transformations appropriately. The work is part of a broader research aimed at developing and testing a method for the systematic high time and spatial resolution assessment of changes in traditional rural landscape signs. We describe here the main phases of this original quantitative method and a summary of the first results over an Italian case study. A set of parameters allows to provide complementary information about the evolution of the main characters of rural settlements and their components. This proves to be essential to achieve a deep understanding of the traditional physiognomy of places, and to support landscape management and restoration, and the definition of transformation projects.


Author(s):  
Oldřich Tvrdoň ◽  
Radmila Presová ◽  
Martin Přibyl

The thesis “Economic-legal aspects of business assets definition and its effectiveness analysis” analyses the contribution of business assets in joint-stock company Svornost Těmice. The company operates in the field of agricultural primary production. Focus of plant production still keeps the traditional composition of plants grown. In connection with increasing the quality of effectiveness of the machinery the area of corn-production will be expanded. In animal production, the company specialises on the pig-feeding and milking-cows.The theoretical part includes the opinions of the world economists and managers on the definition of basic concepts related to business assets. These opinions are confronted with those of Czech authors, in order to acquaint students of the Faculty of Business and Economics with them – focusing on students of the Trade Management specialisation.The practical part is focused on analysis of effectiveness of business assets in the selected company. It have confirmed that managers of this business have to improve the intensity of exploitation of the asset base and thus to reach its higher effectiveness. This task is necessary for operation in the intensive-competition environment formed after the entrance into the European Union.


Legal Ukraine ◽  
2020 ◽  
pp. 30-41
Author(s):  
Volodymyr Klochkov

Each legal concept has not only content (content), but also a form. The form requires compliance with the rules for the definition and construction of concepts. Improving legal terminology is impossible without deep development and observance of the rules of analysis and the precise construction of the conceptual apparatus. Gaps in legislation and regulations are derived from inaccuracy, lack of clarity and simplicity of conceptual constructions. The inconsistency of certain legal norms found in various laws and regulatory legal acts, the inconsistency of norms with the prevailing realities of legal life in the state and society impede the fulfillment by state authorities, including law enforcement, of their functional responsibilities. Mistakes made in the preparation of draft laws and regulations, methodological recommendations mainly boil down to the violation of the requirements of the unified laws of logic: the law of identity, the law of contradiction, the law of the excluded third and the law of sufficient reason. The use of inappropriate terminology causes complications in the application of legal norms. The Constitution of Ukraine assigns to the prosecutor the function of representing the interests of a citizen or state in court in cases specified by law. The term representation is not exactly chosen. The word "representation" means: the performance of the duties of a representative; an institution representing the interests of someone; elections, as well as the law, the procedure for the election of representatives to any bodies; representation is a legal relationship in which one party (representative) is obligated or entitled to make a transaction on behalf of the other party that it represents; representation means activity on behalf of someone, on behalf of a person. By its legal nature, a representative can only be authorized for transactions that the person he represents is entitled to carry out. The representation of the prosecutor's office in court is specific, since this body does not need instructions, contracts or other documents. The prosecutor or his deputy should act not on behalf of someone, but on behalf of the state in favor of the person and citizen, state or society, within the limits established by law. In the legislation there is a conflict (conflict) in the law regarding the term «representation». To eliminate such a conflict, it is necessary to amend the Law of Ukraine «On the Prosecutor's Office». Key words: definition of concepts, laws and regulations, accuracy, clarity, brevity of terms.


2021 ◽  
Vol 50 (1) ◽  
pp. 1-11
Author(s):  
Małgorzata Polkowska ◽  

Space Traffic Management (STM) is a new concept referring to space activities. The highest priority is the safety and security of outer space and all conducted operations. There is no definition of STM. There is an urgent need to regulate STM providing safety and security regulations at the international, regional, and national levels. Because there is no STM definition, the regulator might use the example of existing regulations of the International Civil Aviation Organization on Air Traffic Management (ATM). European EUSST is a good example of being a “precursor” of STM. However, many questions are still open regarding specific regulations needed to create an STM system, such as at which level they should be made: globally, regionally, or nationally.


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