scholarly journals A NOTE ON “TACIT UNIVERSAL PARTNERSHIPS”: CLARITY AT LAST: EX-PARTNER CAN GET SLICE OF THE PIE

Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Darren Subramanien

There is no assumption of marriage in South African law in consequence of cohabitation regardless of the duration of the relationship. Our law does not give automatic rights to partners in a cohabitation relationship. If one of the parties dies without leaving a will for instance, the domestic partner is not legally entitled to inherit or to claim maintenance from the deceased’s estate. An aggrieved party would have to go to court to show that the parties were partners in a “universal partnership” and that the one party owes something to the other. The question that often arises is whether any mechanisms exist for the division of assets accumulated in a cohabitation situation on separation of the parties. If parties have cohabited and they can prove that a tacit universal partnership exists between them, all property of such apartnership is deemed to be jointly owned by the parties and debts are the joint liability of the parties. The issue as to whether a tacit universal partnership extends beyond commercial undertakings and whether the contribution by each party must be confined to profit-making has been the subject of much debate by our courts but has finally been decided by the court in the cases of Ponelat v Schrepfer (2012 (1) SA 206 (SCA)) and Butters v Mncora (181/2011) [2012] ZASCA 29 (28 March 2012)).

1980 ◽  
Vol 25 (5) ◽  
pp. 381-385
Author(s):  
Jean-Charles Crombez

The questionnaire on continuing education by the Canadian Psychiatric Association's Council on Education and Professional Liaison, sent in 1978 to all Canadian psychiatrists, raises in the author's mind, in spite of his participation in its establishment, the question of the philosophy behind it. Indeed, seeing signs of a greater problem, he identifies the need for two studies, one dealing with the “object”, the other with the “relationship”. Not elaborating on the first one (description of patients and techniques) which is well known, he describes the second as the knowledge and significance of the encounter (that of two persons inevitably and structurally linked). This “area of relations” paradoxically given too little value in the teaching of psychiatry, is more analogical than logical, more intuitive than deductive, more perceptual than intellectual, and more multifactorial than linear. Yet, this dimension of the encounter (whether individual, familial, group or co-therapy) should take place in conjunction with the objective approach, but the latter occurs alone too often. In order to give to this field of relationship a scientific status of its own, and to reintroduce the techniques instead of using them as guard-rails, proper techniques or methods should be employed or developed if necessary. This includes on the one hand the learning of different levels of awareness and the widening of our perceptual, sensorial, intuitive and analogical capacities. (This would allow for an experience of the fundamental relationship between fields that are apart symptom-wise: dream and awakening, physical and psychic, interior and exterior, fantasy and reality, representations and objects, and so on.) On the other hand this leads us to increase our capacity to listen, to abandon ourselves and to get involved, and to “conceive” a presence within the relationship. Finally, there is this learning of how to observe oneself in a situation, of how to look at what is going on within the encounter (and it is in that very position and this very questioning that the concept of neutrality can be understood, not in the legendary phlegm of impenetrability). This can be done within an “experiential” teaching: for the therapist this means the experience and the study of his own involvement, either with a patient or in groups. Another method is supervision, not as “super”-vision but rather as “inter-discovery” and not as control but rather as “ex-pression.” Working in small groups with colleagues where one can enquire about others’ experiences without any normative goal and with an open attitude is desirable. Another tool would be professional meetings, but not in their current form which is not adapted to the field of the relationship. And so on. The author sees a fundamental necessity for these two fields of the “object” and the “relationship” to be taught conjointly, and neither one nor the other to be excluded from the psychiatrist's training; which is not the case at present. The “field of the object” implies an effort at objectifying, defining variables, causes, using experimental methodology, and a more quantitative analysis. The “field of the relationship” implies positions that are often opposed to this. This contradiction seems necessary and inevitable within every person. One tendency is to make ourselves believe that we avoid this contradiction by pretending to total objectivity: that of scientific psychiatry and clear logic. Finally the author returns to the questionnaire that, precisely in its form, is too uniquely meant for an objective teaching: teaching of diagnoses, illnesses, chart controls, patient controls, teaching through questionnaires, case presentations, putting emphasis on articles or textbooks. This proposed method is adapted for teaching persons considered as entities; and learning techniques considered as reified tools. This is exactly the classical stream of university courses and specialty examinations. This reinforces the illusion. There is also the danger, via the “credit” game, that it will strengthen the already strong tendency to mere objectifying of the subject, of the therapist and of science; that it will privilege a normative vision; and discredit certain essential and humanistic dimensions.


1981 ◽  
Vol 11 (1) ◽  
pp. 44-46 ◽  
Author(s):  
D.P. Fourie

It is increasingly realized that hypnosis may be seen from an interpersonal point of view, meaning that it forms part of the relationship between the hypnotist and the subject. From this premise it follows that what goes on in the relationship prior to hypnosis probably has an influence on the hypnosis. Certain of these prior occurences can then be seen as waking suggestionns (however implicitly given) that the subject should behave in a certain way with regard to the subsequent hypnosis. A study was conducted to test the hypothesis that waking suggestions regarding post-hypnotic amnesia are effective. Eighteen female subjects were randomly divided into two groups. The groups listened to a tape-recorded talk on hypnosis in which for the one group amnesia for the subsequent hypnotic experience and for the other group no such amnesia was suggested. Thereafter the Stanford Hypnotic Susceptibility Scale was administered to all subjects. Only the interrogation part of the amnesia item of the scale was administered. The subjects to whom post-hypnotic amnesia was suggested tended to score lower on the amnesia item than the other subjects, as was expected, but the difference between the mean amnesia scores of the two groups was not significant.


2016 ◽  
Vol 5 (9) ◽  
pp. 9
Author(s):  
Maria Beatriz Nascimento Decat

Resumo: Neste trabalho, pretendo mostrar que o fenômeno da concordância, verbal em português é melhor descrito em termos da relação tópico/comentário. A partir do exame, em dados da língua oral, da interação da regra de CV com as regras de Topicalizaçao e de Posposição de Sujeito, aventei a hipótese de que a ausência de CV em sentenças com SN posposto (tradicionalmente chamado sujeito) se explica pelo fato de essas sentenças serem constituídas só do comentário, desprovidas, portanto, do tópico, que é aqui estabelecido como o controlador da CV. Em conseqüência da ausência do tópico, a falta de CV revela uma tendência à impessoalização nesse tipo de sentenças.Abstract: I intend to demonstrate, in this paper, that Portuguese Subject-Verb Agreement can be better described in terms of the relationship topic/comment. Based on the examination of the interaction between the Subject-Verb Agreement rule, on the one hand, and the rules of Topicalization and Subject Postposing, on the other hand, in colloquial Brazilian Portuguese, I advanced the following hypothesis: the absence of Subject-Verb Agreement in sentences with a postposed NP (which is, traditionally analyzed as the subject of the sentence) can be explained by the fact that in these sentences all we have is comment; i.e., the topic, which we establish as the controller of Subject-Verb Agreament, is lacking. As a consequence of the absence of topic, lack of Subject-Verb Agreement shows a tendency for the impersonalization of this kind of sentences.


2000 ◽  
Vol 32 (4) ◽  
pp. 598-616 ◽  
Author(s):  
Paul A. Pickering

The relationship between nationalism and the land, observes Philip Bull in his recent study of the Irish land question, “formed a nexus which was so strong that the one issue became effectively a metaphor for the other.” Any student of nineteenth-century Irish politics can appreciate the force of this eloquent conclusion. Nevertheless, the preoccupation with the land by contemporaries and historians alike has relegated an important strand of economic nationalism devoted to manufacturing industry to a footnote in Irish history. The fate of manufacturing industry in the aftermath of the Union of 1800 is the subject of controversy among scholars suggesting, at the very least, substantial regional and sectoral variations. Contemporaries, however, were in little doubt that Irish manufacturing industry was suffering from terminal decline, a perception that had formed a regular reprise in public comment throughout the previous century. As John O’Connell wrote in 1849 “the question of Irish manufacturing has been, for more than a century and a half, one of the chief grounds of bitterness and bickerings” between Ireland and England.


2021 ◽  
Vol 67 (2) ◽  
pp. 163-190
Author(s):  
Tim Clarke

This essay frames Djuna Barnes’s 1936 novel Nightwood as an attempt to overcome an impasse between the discourses of hope and the discourses of despair in an interwar period in many ways preoccupied with questions of mortality. Synthesizing Decadent aesthetics and elements of Spinoza’s vitalist philosophy, Barnes produces a “morbid vitalism,” exemplified by Dr. Matthew O’Connor, by which life and death are conceived as variant expressions of a single force, and the subject is modeled as an assemblage of affects, impersonal but inherently social, that can be understood primarily through its pursuit of what Jack Halberstam has called “generative models of failure.” In exploring this mode of subjectivity, Barnes seeks to undermine a host of ostensible oppositions (hope and fear, ascendence and decadence, success and failure, morbidity and vitality), opening up a conceptual and affective space for thinking through—if not necessarily beyond—the ubiquity of despair in twentieth-century modernity. Ultimately, morbid vitalism points a way toward a broader conversation between life-oriented modernist scholarship on vitalism and affect, on the one hand, and ongoing inquiries into the relationship among death, Decadence, and modernism, on the other.


Author(s):  
Μαρία Μαρκοδημητράκη

Ιn the present paper the transition to parenthood of twins and the developmental process of the relationship between parents and their twins from the prenatal period up to adolescence are described and discussed. Our interest is focused on the distinctiveness of this relationship and the issues arising in every developmental step of twins. It is a double challenge for parents. On the one hand they should respond effectively to their role as parents and on the other hand they should simultaneously face the needs of two different children, with all the difficulties involved. In the present work the significance of the twins’ differentiation by their parents while they are still in the prenatal period, is emphasized as it is an important issue for the prevention of comparison, tension or jealousy that are harmful to the twin bond. The realisation that every twin child is different brings out the developmental advantages of twinship (companionship, empathy, cooperation etc) and diminishes the stereotypical view summarized in the phrase “for problem see twin”, which is being questioned by contemporarynaturalistic studies on the subject. Identifying the developmental advantages of twinship is a critical factor for the growth of emotionally healthy twins who respect and appreciate themselves and their relationship.


Based on the issue of the genesis of subjectivity, the authors of the article turn to the Hegelian model, which captures the two-sided and fundamentally changeable nature of the relationship between subject and object. The article substantiates the idea that imagination, being considered outside of the context of psychologization or reduction of it only to the reproductive aspect, is a source of binary differences fundamental to philosophical thought. Following Hegel’s dialectical method, the authors note that the presence of the image already indicates the difference between the two dimensions of consciousness and knowledge. The image expresses the primary truth of substance and, at the same time, the way it is subjectively given. There is a differentiation of the subjective moment of Being with the realization of fantasy. All formations of Spirit are interpretations of the figurative series, primal scenes, the analog of which was studied by classical psychoanalysis. From this perspective, the genesis of such subjective modes as consciousness, self-consciousness and mind inevitably includes symbolization, interpretation of the "Self" images, cognizing, willing and acting in various situations and contexts. The study of the concepts developed by Hegel, Kennouche, Verene and Merleau-Ponty allows concluding about two arguments in favor of the fundamentality of imagination. This refers, on the one hand, to subjective imagination that generates meanings and the need for their interpretation and, on the other hand, to the initial form of synthesis, on the basis of which, the subject and object of cognition, formations of consciousness and types of knowledge characteristic of them are further distinguished. The image, being the first meeting of the concrete and universal, is capable of setting the plot of one or another form of subjectivity.


Author(s):  
Sven Ove Hansson

Science is a fact-finding practice, but there are many other fact-finding practices that apply largely the same patterns of reasoning in order to achieve as reliable information as possible in empirical issues. The fact-finding practices form in their turn a subcategory of rational discourse, a wider category that also encompasses argumentation on non-empirical issues. Based on these categories, it is easy to see the relationship between on the one hand pseudoscience, on the other hand fact resistance, disinformation, and fallacies of reasoning. The flaws in argumentation are similar, and the main difference is whether or not the subject matter falls within or without the realm of science.


2020 ◽  
Vol 5 (1) ◽  
pp. 1-14
Author(s):  
Johanna Skibsrud

This paper argues that Chinua Achebe’s Things Fall Apart reflects what Giorgio Agamben refers to as the “sovereign paradox” on two levels: first—as reflected by the subject of the novel—on the juridico-political level, and second, on the level of the language and structure of the novel itself.  The relationship between these two levels is made clear by Agamben, who uses language as the prime example of the “sovereign paradox” implicit to the juridical order.  “Language,” he writes, “is the sovereign who, in a permanent state of exception, declares that there is nothing outside language and that language is always beyond itself” (21).  Obeirika’s words in Things Fall Apart: “There is no story that is not true” (Achebe 14), illustrates this “sovereign paradox” by pointing on the one hand to the omniscient authority of the narrative text, while on the other directly undermining that authority.  I argue that it is by doing away with the binary system of what can and should be considered true and untrue that the reflexive narrative – of which Achebe’s novel is a prime example – positions itself in a “permanent state of exception” (Agamben 21). Things Fall Apart establishes for itself “a zone of indistinction” (Agamben 47) characterized by the very impossibility of arriving at the “truth” as such, or “of distinguishing between outside and inside, nature and exception” (37). A “zone of indistinction” is constructed on a textual as well as a political-historical level by the novel’s transgression of its own narrative borders.


2021 ◽  
Vol 33 (2) ◽  
pp. 153-174
Author(s):  
Łukasz Burkiewicz

This article takes a close look at excerpts from an account of a journey to the Holy Land made in 720s by the English monk Willibald (700–787/789), later bishop of the Bavarian city of Eichstätt, an associate of the Archbishop of Ger­mania, St. Boniface and a saint of the Catholic Church. Willibald dictated the account of his peregrination many years after his pilgrimage to a related nun, Hygeburge of Heidenheim, who then wrote down his biography and descrip­tions of his travels in a work entitled Hodoeporicon Sancti Willibaldi. Frag­ments of the above‑mentioned travel account concerning the specific political, social, and cultural situation in Cyprus that took place between the 7th and 9th centuries are the subject of the detailed analysis contained in this paper. Willibald arrived on the island during this period: specifically in the year 724. Cyprus at that time acted as an Arab‑Byzantine quasi‑condominium, being the object of efforts of these two powers, on the one hand officially trying to preserve its neutral character, while on the other working to diminish the influence of their competitor there. This peculiar situation had its effect on the relationship between Muslims (Arabs) and Christians (Cypriots and Byzan­tines) living on the island.


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