Abuse of Right: Historical and Theoretical Research

2021 ◽  
Vol 13 (1-1) ◽  
pp. 112-129
Author(s):  
Egor Usoltsev ◽  
Keyword(s):  
Civil Law ◽  
Theoretical Research ◽  
Legal Doctrine ◽  
Wide Range ◽  
History Of ◽  
General Scientific ◽  
Points Of View ◽  
Complex Phenomena ◽  
Generic Analysis

Abuse of right is one of the most complex phenomena in legal science, the study of which requires the use of a wide range of methods of cognition, both general scientific and private law. The author of the article makes a generic analysis of the concept “abuse of right”, disclosing the history of its appearance and development. However, special attention is paid to the discussion of scientists about the essence of abuse of right, in which, as in a “multi-layered cake”, more and more narrow subjects of the discussion are layered, but at the same time, they are all permeated with a common goal – to determine the place and role of the phenomenon in the modern legal order. Historically, the first debate arose on the validity of the very concept of abuse of right, caused by a combination of two words that were opposite in meaning: “right” and “abuse”. This discussion has been going on for more than a century and takes place both in Russian civil law and in foreign legal doctrine. There is also no consensus among supporters of the concept of abuse of right: some attribute abuse of right to a variety of lawful behavior, others call it an offense. This problem is currently urgent and complex. Finally, there are disagreements about the branch of abuse of law: is this concept inter-branch in nature or is it exclusively inherent in the civil law branch? As a result of comparing all points of view, the author in each of the above discussions reasonably takes this or that position. As a result, a complete understanding of the phenomenon under study is formed.

scholarly journals THE UKRAINIAN-MOSCOW TREATY OF 1654 IN THE INTERPRETATIONS OF POLISH HISTORIANS OF THE FIRST HALF OF THE TWENTIETH CENTURY

2021 ◽  
pp. 407-426
Author(s):  
Ihor Chava
Keyword(s):  
Twentieth Century ◽  
Historical Sources ◽  
Scientific Pluralism ◽  
Scientific Analysis ◽  
Wide Range ◽  
Church Structure ◽  
Scientific Principles ◽  
History Of ◽  
General Scientific

Summary. The purpose of the study is to research the interpretations of the Ukrainian-Moscow treaty of 1654 in the works of Polish historians of the first half of the twentieth century; study the approaches of scientists to identify the reasons for the mutual understanding of the Ukrainian Cossacks with the tsarist authorities; analyze the peculiarities of the study by Polish scholars of the history of the relations of the Hetman’s Chancellery of B. Khmelnytsky with Moscow; consider the specifics of historians’ vision of the circumstances of concluding the agreement in Pereyaslav and Moscow as well as the course of negotiations between the parties and their implementation; study the researchers’ assessments of the significance of the Ukrainian-Moscow agreement in the history of Ukraine, Tsardom of Muscovy and the Polish-Lithuanian Commonwealth. The research methodology is based on the general scientific principles of objectivity, historicism, scientific pluralism and reliance on historical sources. General scientific (analysis, synthesis, comparison) and special-historical (historical-genetic, historical-typological, problem-chronological, historical-systemic) methods have been used in the work. The scientific novelty of the study lies in the analysis of a wide range of historiographical sources that reflect the interpretations of Polish scholars of the first half of the twentieth century history of the conclusion of the Ukrainian-Moscow treaty of 1654. The peculiarities of the historians’ approaches to the causes of the union between the Cossacks and Moscow and the circumstances of its conclusion are particularly studied. The ideological influences of historical schools and political concepts on the assessments of scholars of the Pereyaslav agreement and bereznevi statti (March articles) have been analyzed. Conclusions. Polish historians of the first half of the twentieth century considered 1654 a milestone in the fate of Ukraine and one of the most important in the history of Poland. It was from the Cossack-Moscow treaty that they deduced the beginning of the rejection of the eastern lands of the Commonwealth in favor of Russia. Scholars saw the causes of these fateful events in the significant depletion of the Ukrainian uprising. As another reason, they also pointed to the complication of the international situation of the Cossacks due to frustration with the Turkish protection and the dual role of assistance to the Crimean Khanate. Polish scholars have drawn attention to the long history of Cossack-Moscow relations since the uprisings of the first half of the seventeenth century. However, they also pointed to Moscow’s unpreparedness for the war against the Commonwealth and its indecision. In their interpretations of Cossack-Moscow relations during the national liberation war Polish historians emphasized the parties’ differing views on the terms of the union. Thus, the scholars indicated that B. Khmelnytsky understood the agreement as a military understanding directed against Poland, where there was no talk of any restriction of Ukraine’s broad autonomy. Instead, the tsarist government understood the treaty as a simple incorporation of Ukrainian lands. This, in turn, as scientists have pointed out, it has caused many sharp misunderstandings. Among the most irritating researchers named the issue of financing the Cossack register and the disagreement of the Ukrainian clergy with the attempts of the Moscow Patriarchate to absorb its church structure. Thus, in the vision of Polish historians of the first half of the twentieth century, the Ukrainian-Moscow union was perceived as hopeless and even utterly dangerous for the very existence of the Ukrainian people.

Introduction: Emotion, History and the Arts

2018 ◽  
Vol 7 (2) ◽  
pp. 117-128 ◽  
Author(s):  
Erin Sullivan ◽  
Marie Louise Herzfeld-Schild
Keyword(s):  
Historical Change ◽  
Carson Mccullers ◽  
Emotional Life ◽  
Review Section ◽  
The Arts ◽  
Wide Range ◽  
War Correspondents ◽  
History Of ◽  
Johan Huizinga

This introduction surveys the rise of the history of emotions as a field and the role of the arts in such developments. Reflecting on the foundational role of the arts in the early emotion-oriented histories of Johan Huizinga and Jacob Burkhardt, as well as the concerns about methodological impressionism that have sometimes arisen in response to such studies, the introduction considers how intensive engagements with the arts can open up new insights into past emotions while still being historically and theoretically rigorous. Drawing on a wide range of emotionally charged art works from different times and places—including the novels of Carson McCullers and Harriet Beecher-Stowe, the private poetry of neo-Confucian Chinese civil servants, the photojournalism of twentieth-century war correspondents, and music from Igor Stravinsky to the Beatles—the introduction proposes five ways in which art in all its forms contributes to emotional life and consequently to emotional histories: first, by incubating deep emotional experiences that contribute to formations of identity; second, by acting as a place for the expression of private or deviant emotions; third, by functioning as a barometer of wider cultural and attitudinal change; fourth, by serving as an engine of momentous historical change; and fifth, by working as a tool for emotional connection across communities, both within specific time periods but also across them. The introduction finishes by outlining how the special issue's five articles and review section address each of these categories, while also illustrating new methodological possibilities for the field.

scholarly journals A longitudinal study of suicide and suicide attempt in northwest of Iran: incidence, predictors, and socioeconomic status and the role of sociocultural status

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Ali Fakhari ◽  
Mostafa Farahbakhsh ◽  
Elham Davtalab Esmaeili ◽  
Hosein Azizi
Keyword(s):  
Socioeconomic Status ◽  
Longitudinal Study ◽  
Religious Commitment ◽  
Incidence Rates ◽  
Demographic Characteristics ◽  
Protective Effects ◽  
Wide Range ◽  
Multiple Variable ◽  
History Of

Abstract Background A detailed community-level understanding of socioeconomic status (SES) and sociocultural status (SCS) of suicides and suicide attempters (SAs) in a prospective design could have significant implications for policymakers at the local prevention and treatment levels. The effect of SCS and SES on SAs is poorly understood and investigated in Iran. The present study aimed to investigate the incidence, trend, and role of SES and SCS on suicide and SAs. Methods A longitudinal study was conducted based on the registry for SAs in Malekan County, Iran, from 2015 to 2018. Demographic characteristics, SES, SCS, incidence rates, and predictors of suicidal behaviors were measured via structured instruments. Simple and multiple logistic regressions were used to estimate crude and adjusted odds ratios (ORs) and 95% confidence intervals (CIs). Results A total of 853 SAs (32 suicides and 821 attempts) were identified during the study. Trend analysis revealed that the suicide rate significantly decreased from 2014 (10.28) to 2018 (1.75) per 100,000. In the final multiple variable models, age (26–40), male sex, unemployment, antisocial activities, history of SA, hanging method, and season (spring) increased the suicide risk while religious commitment had protective effects on suicide. Conclusions Our findings indicated that demographic characteristics, low SES, and SCS are associated with suicide. In this county, trend of suicide and SA were decreased from 2014 to 2018. This study findings highlight the need to consider a wide range of contextual variables, socio-demographic, SES, and SCS in suicide prevention strategies. Improving inter-sectoral collaborations and policymakers’ attitudes are imperative for SA reduction.

The role of exploratory mechanisms in evolution

1995 ◽  
Vol 349 (1329) ◽  
pp. 297-297
Keyword(s):  
Dynamic Instability ◽  
Specific Mechanism ◽  
Cellular Mechanisms ◽  
Selection Processes ◽  
Wide Range ◽  
Rapid Changes ◽  
Neuronal Processes ◽  
History Of ◽  
Variation And Selection

Many cellular mechanisms use a process of variation and selection to generate specific patterns. Among these, dynamic instability of microtubules has been shown to employ a specific mechanism to intentionally generate variation. In many systems the growth of neurons or neuronal processes is excessive, the final connections being established by stabilization of functional interactions. When changes in neuronal networks take place, such as in metamorphosis, use is made of the plasticity of neuronal connectivity. In the immune system, specific responses are generated by variation and selection. Processes that explore a wide range of conditions and a wide range of structures can be called exploratory processes. These are very robust and capable of responding to damage, variability in the environment and ontogenic changes in the organisms. Such robustness would be useful for adapting to changes that occur during phylogenetic changes as well. Given the extensive history of extinction and radiation in evolution, it may be supposed that these mechanisms have themselves been selected for their capacity to survive rapid changes in the organism and for their ability to generate cellular variation.

The History of the Creation of the VII State Pharmacopoeia of the USSR (Review)

2021 ◽  
Vol 10 (2) ◽  
pp. 128-135
Author(s):  
K. S. Guzev
Keyword(s):  
Detailed Analysis ◽  
The State ◽  
Main Text ◽  
Scien Tists ◽  
History Of ◽  
Points Of View ◽  
The Creation ◽  
Objective Necessity

Introduction. The objective necessity of the appearance of this code of laws for the pharmaceu-tical industry is shown. The proofs of the readiness of all branches of pharmacy to develop the text of the Pharmacopoeia, taking into account modern international requirements for scientific and practical activities in the development, manufacture and production of medicines, are presented.Text. The work presents the history of the creation of the VII edition of the State Pharmacopoeia of the USSR. The sequence of steps for the formation of the Pharmacopoeia Commission, the stages of its activities for the preparation of the updated text of the Pharmacopoeia is described, a detailed analysis of the prepared text is given in comparison with the current Pharmacopoeia of the VI edition (1910). Various points of view of experts on the content of the main text are cited, which served as the basis for the new document. The role of domestic scien-tists-pharmacists in the development and publication of the VII edition of the State Pharmacopoeia of the USSR is evaluated.Conclusion. The role of the Pharmacopoeia Commission in the timely development of the text of the new edition of the State Pharmacopoeia is emphasized. The fact of its wide discussion among experts and the novelty of the approach, which gave a powerful impetus to the development of the entire industry, are noted.

scholarly journals Cycling Pathways

2021 ◽  
Author(s):  
Henk-Jan Dekker
Keyword(s):  
Climate Change ◽  
The Netherlands ◽  
Political Struggle ◽  
The Road ◽  
Wide Range ◽  
The World ◽  
Road Space ◽  
History Of ◽  
On The Road

In an effort to fight climate change, many cities try to boost their cycling levels. They often look towards the Dutch for guidance. However, historians have only begun to uncover how and why the Netherlands became the premier cycling country of the world. Why were Dutch cyclists so successful in their fight for a place on the road? Cycling Pathways: The Politics and Governance of Dutch Cycling Infrastructure, 1920-2020 explores the long political struggle that culminated in today’s high cycling levels. Delving into the archives, it uncovers the important role of social movements and shows in detail how these interacted with national, provincial, and urban engineers and policymakers to govern the distribution of road space and construction of cycling infrastructure. It discusses a wide range of topics, ranging from activists to engineering committees, from urban commuters to recreational cyclists and from the early 1900s to today in order to uncover the long and all-but-forgotten history of Dutch cycling governance.

scholarly journals HENRI LÉVY-BRUHL’S DOCTRINE ON LAW AND ON THE FORMATION OF LEGAL SCIENCE OF A NEW TYPE

2017 ◽  
Vol 3 (4) ◽  
pp. 58-66
Author(s):  
Владимир Пужаев ◽  
Vladimir Puzhaev
Keyword(s):  
Scientific Discipline ◽  
Sociology Of Law ◽  
Legal Anthropology ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
True Source ◽  
History Of ◽  
New Type ◽  
History Of Law

The article is devoted to the investigation of legal ideas of Henri Lévy-Bruhl, a French lawyer and sociologist of the XX century, who is considered to be one of the founders of contemporary sociology of law, legal ethnography and legal anthropology. The author of the article analyzes the late articles of Henri Lévy-Bruhl. The author of the article examines the notion “juristique”, introduced by the French professor, and investigates its methodological and substantial peculiarities. As a scientific discipline, “juristique” was supposed to be shaped through the integration of sociology of law, history of law and comparative law into a body. The author also pays special attention to H. Lévy-Bruhl’s theoretical views on the question of law and mechanisms of its formation, on subjects of law-making and sources of law. In particular, the author considers Lévy-Bruhl’s views of collective opinion as the only true source of law, customs’ priority over legislation among all forms of law, judicial practice as the modality of a custom. The key role of Durkheim’s sociology in the shaping of Henri Lévy-Bruhl’s legal views is also highlighted. Henri Lévy-Bruhl’s particular ideas are compared with the doctrine of historical school of law. The final part of the article is devoted to formulating a series of theses which reflect the peculiarities of Henri Lévy-Bruhl’s legal views and his role in contemporary legal doctrine.

The role of molecular biology in the diff erential diagnosis of pancreatic cystic neoplasias

2021 ◽  
Vol 75 (5) ◽  
pp. 417-423
Author(s):  
Ivo Horný ◽  
Tomáš Hucl
Keyword(s):  
Precancerous Lesions ◽  
Clinical Status ◽  
Pancreatic Disease ◽  
Pancreatic Cysts ◽  
Cytological Examination ◽  
Asymptomatic Patients ◽  
Wide Range ◽  
Risk Of Malignancy ◽  
History Of

Summary: Pancreatic cysts have been detected ever more frequently in recent years due to the advanced and wider use of imaging methods. We find them on CT or MR also in asymptomatic patients who do not have a history of any pancreatic disease. Pancreatic cystic lesions represent a wide range of pathological changes from simple cysts through precancerous lesions to malignant cysts. Accurate dia­gnosis remains difficult despite the combination of clinical status evaluation, imaging findings, and bio­chemical and cytological examination. Molecular bio­logical examination of cyst aspirate obtained by endosonographic examination increases the detection rate of mucinous cysts (KRAS/GNAS/VHL) and cysts with a high risk of malignancy (KRAS/GNAS/p53/PIK3CA/PTEN/CDKN2A/SMAD4) and optimizes therapeutic approach. Larger prospective validation studies are necessary to make this costly and limited method a routine part of clinical practice. Key words: molecular bio­logy – neoplasia – pancreatic cysts

Before Kṛṣṇa

2021 ◽  
Author(s):  
Kanika Kishore Saxena
Keyword(s):  
Historical Data ◽  
Religious History ◽  
Religious Traditions ◽  
The Social ◽  
Wide Range ◽  
History Of ◽  
Coherent Picture

Mathura is famous for its association with Vāsudeva‒Kṛṣṇa, an important deity of the Hindu pantheon. However, apart from the sanctity attached to this place by Hindus, it has also provided conditions for the nurturing of Buddhist, Jaina, nāga and yakṣa traditions. This book engages in a wide range of epigraphic, archaeological and art historical data from the various sites in the Mathura area and weaves this to present a coherent picture of the variegated religious history of the area from c.600 CE to c.1000 CE, which witnessed various religions/cults/sects competing for attention and patronage. The chapters in this book have been divided according to religious traditions, namely, Jainism, Buddhism and Hinduism, along with the Kṛṣṇa, yakṣa, nāga, and mātṛkā cults. It raises many important issues related to Jainism, Hinduism, Buddhism and Jainism as well as older cults of the yakṣas and nāgas. The objects of donation ranged from images, stūpas, temples to tanks and gardens. Donations by monks and nuns; together with laity from different locations within and beyond Mathura, amply reflect on the social mosaic of the time. The role of monastics and laity, the nature of patronage, and the social and political underpinnings of the religious history are also examined, all within a long, diachronic frame. This book reveals the complexity of the religious history of Mathura to provide the reader a taste of its diversity and plurality.

Modern Downsizing

2021 ◽  
pp. 1970-1983
Author(s):  
Grzegorz Wojtkowiak
Keyword(s):  
Financial Analysis ◽  
Management Tool ◽  
Future Research ◽  
Research Directions ◽  
Good Practices ◽  
Strategic Option ◽  
Wide Range ◽  
Future Research Directions ◽  
Points Of View

The aim of the chapter is to present the concept of downsizing from different points of view: as a strategic option, as a management tool and as a phenomenon. It describes the evolution of the term, its definitions, and different directions of development. A scale and possible outcomes are described on the basis of financial analysis; however it also discusses the role of non-financial aspects. The chapter points out reasons, aims and a wide range of tools that may be used during implementation of downsizing. One of the conclusions of the chapter is to present future research directions aiming at increasing knowledge of managers and providing them with detailed good practices.

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