2013 ◽  
Vol 38 (2) ◽  
pp. 141-170 ◽  
Author(s):  
Janno Lahe

The fault of the wrongdoer is one of the preconditions for general tort liability. Nowadays, fault-based liability and strict liability are two equally important forms of liability that are not polar opposites but, rather, complement one another. This article focuses on the meaning of the fault of a tortfeasor. It considers the notion of fault in two European model rules (the Draft Common Frame of Reference and the Principles of European Tort Law), in the Estonian Law of Obligations Act, and also makes reference to German, French, English, and Russian tort law. We shall begin with a comparative discussion of the questions of general liability based on fault, fault capacity, various forms of fault, the burden of proving fault, and the importance of differentiating those forms of fault. Thereafter, we will treat the issues of fault in the context of liability for torts committed by another person and, also, borderline issues between fault-based liability and strict liability. This analysis seeks to offer the reader a basis for determining whether the regulations of Estonian tort law are justified or whether amendments should be considered within such a comparative-law framework.


2006 ◽  
Vol 6 (1) ◽  
pp. 4-11 ◽  
Author(s):  
Hugh Beale

It is a very great honour to be invited to give this lecture in memory of Willi Steiner. I was not privileged to know him personally but I have long been aware of the enormous contribution that he made to the development of the Squire Library in Cambridge and the library of the Institute of Advanced Legal Studies, of which I have been a grateful user for many years. I am also very aware of Willi's contribution to legal scholarship in general and in particular to comparative law. His work on the Index to Foreign Legal Periodicals is just one example. I hope and believe that the topic on which I am going to speak tonight would have interested him.


2012 ◽  
Vol 8 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Geoffrey Karokola ◽  
Louise Yngström ◽  
Stewart Kowalski

E-Government offers many benefits to government agencies, citizens and the business community. However, e-Government services are prone to current and emerging security challenges posing potential threats to critical information assets. Securing it appears to be a major challenge facing governments globally. Based on the international security standards – the paper thoroughly investigates and analyzes eleven e-government maturity models (eGMMs) for security services. Further, it attempts to establish a common frame of reference for eGMM critical stages. The study utilizes the Soft Systems Methodology (SSM) of scientific inquiry/ learning cycle adopted from Checkland and Scholes. The findings show that security services (technical and non-technical) are lacking in eGMMs – implying that eGMMs were designed to measure more quantity of offered e-government services than the quality of security services. Therefore, as a step towards achieving secure e-government services the paper proposes a common frame of reference for eGMM with five critical stages. These stages will later be extended to include the required security services.


2010 ◽  
Vol 1 (1) ◽  
pp. 95-115 ◽  
Author(s):  
Kennet Granholm

The focus of this article is the Rune-Gild, a rune magical group founded in Texas, USA, in 1980, and which has variously been described as a Heathen, a Traditionalist, and a Left-Hand Path organization. The influence of these three esoteric currents on the Gild is examined, as is the issue of how they intermix to fit a common frame of reference. The article argues that describing a complex movement such as the Rune-Gild in a singular fashion, by referencing to only one of these currents, involves the risk of providing a one-sided and ultimately inaccurate depiction. Instead, a description involving a thorough examination of all major influences is required, and this in turn makes it necessary for the scholar to achieve a high-level historical familiarity with a broad range of Western religious phenomena.


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