The Analects and Sense of Justice: The Spirit of Law and Historical Practice

Modern China ◽  
2019 ◽  
Vol 46 (3) ◽  
pp. 281-306
Author(s):  
Dong Jiang ◽  
Xiaohong Ma

Moralism generally does not constitute a major part of the content of modern Western legal scholarship, but it must occupy the very center of any meaningful discussion of Chinese law. In short, there can be no real understanding of Chinese law without grasping its moral anchor and content. This article focuses on the most important of classical Chinese moral texts, the Confucian Analects, to show how it in fact formed both the core content and the overarching framework for Chinese law since the establishment of Confucianism as the official state ideology in the early Han period. Our approach, unlike previous scholarship, focuses on the Analects as a legal text.

2017 ◽  
Vol 1 (100) ◽  
pp. 1099
Author(s):  
Alberto Oehling de los Reyes

Resumen:El artículo 53 de la Constitución española recoge tres cuestiones básicas: en primer lugar, determina que los derechos y libertades vinculan a todo el poder público; en segundo lugar, determina la protección constitucional y judicial de los derechos y libertades y de los derechos fundamentales; en tercer lugar, reconoce los principios rectores de la política social y económica. En este artículo se analizan estos preceptos y conceptos constitucionales, pero también se estudia su desarrollo legislativo desde 1978 y la realidad práctica hasta el día de hoy. En el artículo también se hace análisis de algunas incoherencias de la jurisprudencia del Tribunal Constitucional en materias fundamentales del artículo 53 de la Constitución española de 1978. La intención es dar una visión de conjunto del artículo 53 de la Constitución desde 1978 hasta hoy.Summary:1. Introduction. 2. The structure of the practical realization of the article 53. 3. Preconditions of the legislation of the rights and freedoms and fundamental rights: 3.1 The principle of subjection and legally binding of all public authorities. 3.2 The principle of legal reserve. 3.3 The core content of the rights and freedoms. 4. The preferred procedure and ordinary summary of the article 53: 4.1 Outline of evolution and situation of the preferred procedure and summary inthe jurisdictional divisions. 4.2 About the protection of fundamental rights with procedural nature. 5. The remedy of amparo in the context of the article 53.2. 6. Approximation to the practical sense of the principles recognized in Chapter III Title I.Abstract:The article 53 of the Spanish Constitution specifies three basic issues: First, determines that the rights and liberties link all the public authorities; Secondly, determines the judicial and constitutional protection of the rights and freedoms and fundamental rights in Spain; Thirdly, recognizes the guiding principles of the social and economic policy. In this article are analysed these constitutional provisions and concepts, but also is studied their legislative development since 1978 and the practical reality until the present day. In the article are also analysed some inconsistencies in the jurisprudence of the SpanishConstitutional Court on fundamental issues about the article 53 of the Spanish Constitution of 1978. The intention is to give an overview of the article 53 of the Constitution from 1978 until today.


2020 ◽  
Author(s):  
Jaimee L Heffner ◽  
Sheryl L Catz ◽  
Predrag Klasnja ◽  
Brooks Tiffany ◽  
Jennifer B McClure

BACKGROUND The majority of cigarette smokers want to quit someday but are not ready to commit to long-term abstinence. However, available smoking cessation treatments are not well-suited to meet the needs of these ambivalent smokers. Low-cost, high-reach mobile health (mHealth) interventions may be a cost-efficient means of offering assistance to ambivalent smokers, yet there are currently no evidence-based options available for this group. OBJECTIVE The aim of this study was to develop and preliminarily evaluate the core content for an mHealth program targeting adult smokers who are ambivalent about quitting. The core content consisted of a series of “personal experiments” similar to those tested as part of a counseling intervention in prior work, including brief cognitive or behavioral tasks designed to boost readiness for changing smoking behavior. METHODS We conducted individual user interviews (N=3) to refine program content, and then conducted a one-arm pilot study (N=25) to assess user receptivity and the potential impact of the experiments on motivation and self-efficacy to quit or reduce smoking. RESULTS In user interviews, participants liked the concept of the personal experiments. Participants in the pilot study found a medium-fidelity prototype to be highly acceptable. After watching a brief orientation video that explained how the program works, most participants (80%, 20/25) indicated that it sounded interesting, primarily because it did not require any commitment to quit. All participants (100%, 25/25) completed all 7 experiments, including a 24-hour quit attempt, although not all were able to refrain from smoking for a full day based on qualitative feedback on the experiment. The mean rating of usefulness of the overall program was 4.12 (SD 1.09) out of 5, and the average rating of the difficulty of the experiments was 2.16 (SD 1.18) out of 5. At the last assessment point, 92% (23/25) of the participants indicated that they were more interested in either quitting or cutting back than when they began the program, and 72% (18/25) said that if the program had included a free trial of nicotine replacement therapy, they would have used it to try to quit smoking. CONCLUSIONS This formative work confirmed that ambivalent smokers are willing to use and will remain engaged with an mHealth intervention that employs the novel concept of personal experiments to enhance their motivation for and ability to quit smoking. The addition of action-oriented treatment (self-help and free nicotine replacement therapy, quitline referral) could further support users’ efforts to stop smoking and remain quit.


Author(s):  
Louis Vos

National identity emerges as an interaction between identity-formationon an individual and a collective level, wherein time (history),space (territory as place of living and as transcendental symbol) andgeneration play a role. An identity manifests itself mainly through action,and is also represented in symbols. Not the core content, which hasto be reinterpreted continuously, but the boundaries towards the outerworld serve as markers of the we-feeling of the community. In the paradigmdebate on nationalism during the last three decades, three mainquestions were at stake. At first the discussion whether an ethnic-culturalor a voluntary dimension is more important. Secondly the questionwhether the nation is a modern phenomenon or goes back to thepre-modern era. And finally the debate between postmodernists consideringthe nation as merely existing in the minds of the people, and othersconsidering the nation as a social reality as well, but to be understoodfrom an ethno-symbolic perspective. This article argues that a nation isboth voluntary and organic, can also exist in pre-modern times, and isalthough imagined at the same time also a social reality. It gives a panoramaof the shifting paradigms of nationalism and their representatives,and suggests that we are already approaching a post-postmodernistsynthesis. Finally it discusses the question of nationalism and democracyin defending even the thesis that, as history doesn’t show examplesof democracies outside a national setting, a living nation is a prerequisitefor a fully fledged democracy.


1993 ◽  
Vol 14 (1) ◽  
pp. 3-3

With this volume, Pediatrics In Review begins its second year of publication with the new format and with most of the material being based on the core content statements developed by the American Board of Pediatrics that are the basis of the examination for renewal of certification. Of the more than 3800 such statements so far developed, we covered more than 1000 in 1992 and, more important, more than 300 of the 900 from which the 1993 examination will be based. By mid-1993, Pediatrics in Review plus the self assessment part of PREP will have covered almost all of these core content statements, thereby enabling those who are preparing for the examination to be well-prepared.


Author(s):  
Deborah Watlington ◽  
Renee Murley ◽  
Annette Cornelius ◽  
Torre Kelley

Mobile technology, in the form of smart phones and tablets, is an integral part of how we connect with information. Educators recognize that these mobile technologies shift the manner in which information is accessed, communicated, and transferred, and that they are infiltrating educational settings. A critical need is rising to prepare educators to effectively embed mobile technology in the learner's educational world (O'Hara, Pritchard, Huang, & Pella, 2013). This chapter outlines a progressive model of professional development designed to prepare educators for innovative educational uses of mobile technology. Traditional, individualized, and innovative professional development models are discussed as well as the core content that should be incorporated in this professional development. Best practices in mobile technology implementation are addressed as well as suggested strategies to transition educators from novice to experienced users of mobile technology.


2019 ◽  
Vol 49 (3) ◽  
pp. 757
Author(s):  
Nurhadi Nurhadi

Actually marriage is a sacred thing. The contract that unites the two opposite sexes is bound strongly (mitsaqan ghalizha). A strong agreement is concluded in the agreement between the guardian and the prospective husband. Indonesian civil law requires saying sighat ta’liq husband to his wife. The core content of sighat ta’liq is a conditional divorce between the two if the conditions have been fulfilled. Islamic law considers marriage to be legitimate if it has enough conditions and pillars, without sighat ta'liq. Indonesian law requires the requirements of sighat ta'liq in government policy through the decree of the minister of religion number 3 in 1953. The purpose of the existence of sighat ta’liq is to protect the wife from the abuse of her husband, if the husband violates the wife has the right to sue the religious court (divorce). Lafadz sighat ta’liq was made referring to the regulation of the minister of religion number 2 in 1990, but the lafadz contained a new understanding of marriage and the promise of divorce. Compilation of Islamic Law (KHI) as an explanatory regulation from UUP number 1 of 1974 Article 46 paragraph 3 does not require sighat ta’liq.


2020 ◽  
Vol 1010 ◽  
pp. 439-444
Author(s):  
Zulkhibri Baharom ◽  
Maizlinda Izwana Idris ◽  
Tee Chuan Lee ◽  
Hasan Zuhudi Abdullah

Microencapsulation of natural vegetable oil as a self-healing agent on metal coating became demanded lately. This paper underlines the microcapsule containing natural and wastes sunflower oil as a self-healing agent that was fabricated for the backbone of corrosion coatings. The results in this paper indicated the distinguished potential of waste sunflower oil as compared to natural sunflower oil. The diameter of microcapsules synthesized from natural sunflower oil and waste sunflower oil both in range of 3-4 µm. The shell of microcapsules microencapsulated from natural sunflower oil showed rough micro-structure while the shell of microcapsules microencapsulated from waste sunflower oil showed smooth micro-structure. The main parameter studied in this research was the varient of stirring speed during the process of microencapsulation. The involvement of stirring speed starts from 200 to 400 rpm. The microcapsules undergo varient of stirring speed analyzed on the yield and core content of microcapsules. The microcapsules from natural produced 29-50% while waste resources bring 26-48% of yield productions. The core content of microencapsulated natural sunflower oil generates 55-64% core content as comparing with waste sources which produce 56-67% of core content. It can be concluded that it was proved that sunflower oil could be considered as an alternative resource for self-healing agent in metal coating either encapsulated from natural or waste raw materials. The incorporation of green and natural material as a self-healing agent significantly influences the sustaining the environment to the safest stage.


2005 ◽  
Vol 18 (3) ◽  
pp. 389-402 ◽  
Author(s):  
RONNIE LIPPENS

Since its publication in 2000, Hardt and Negri's book Empire has been at the centre of significant debates within international relations (IR) and international law (IL) communities, both academic and other. Hardt and Negri's recently published Multitude (2004) is likely to add momentum to these debates. Outlining the importance of both Multitude and Empire for legal scholarship and practice, this contribution sets out to give a brief overview of the core issues that are to be distinguished in the debates amongst IR and IL academics, and includes a number of criticisms that could be levelled at Hardt and Negri's work. The focus of the paper, however, is on the ambiguities that mark Hardt and Negri's flawed attempt to deal with the issue of the boundary of Empire and the liminality of (the) multitude. Indeed, this contribution maintains that precisely this rather fundamental flaw in Hardt and Negri's work is why their intellectual ‘tour de force’ is ultimately unconvincing.


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