Rhythm in the 2nd part of Wasyl Barka’s book ‘Ocean’ (mixed trochee)

2021 ◽  
pp. 146-159
Author(s):  
Ya. V. Khodakivska
Keyword(s):  
Previous Article ◽  
Diagram Method ◽  
Equal Strength ◽  
Unique Nature ◽  
The Law

The article is dedicated the verse rhythm in the second part of the book “Ocean” by the Ukrainian poet Vasyl Barka (1979). The rhythm of the first part (iambic) was investigated in our previous article. The meter of the second part of the book is a mixed trochee, the scheme of which is 5454. The stresses in the poetic lines were counted and the rhythm profiles of the trochaic tetrameter and the trochaic pentameter were plotted. The rhythm diagram method developed by Taranovsky, Gasparov (for Russian verse) was used to compare Barka’s verses with Ukrainian and Russian verses. To illustrate the trends in Ukrainian verse, our calculations of the verse of Stus and Andrukhovich were also used. The results of the research showed that the character of Barka’s rhythm is unique; it has no correspondence either in Ukrainian or in Russian verses. In the rhythm of Barka’s poem, ‘the law of regressive dissimilation’, discovered by Taranovsky and extrapolated to the Ukrainian verse by Kostenko, does not work. That is, there is no alternation of strong and weak foot. Barka in trochee avoids full-accented lines, which are commonly used by Ukrainian and Russian poets. The set of rhythmic forms of verse differs from other poets. The drawing of the diagrams is also different. For a trochaic pentameter, this is a “bucket”, with strong 2nd and 5th feet and weak 3rd and 4th feet. And for a trochaic tetrameter, this is an almost equal strength of the first three feet and a strong last foot. A rhythm, approximately similar to that of Barka, was revealed only in Goethe’s verse for a trochaic pentameter and in Schiller’s verse for a trochaic tetrameter (according to Taranovsky). Given the unique nature of the iambic rhythm and rhyme in Barka’s verse, we consider it promising to search for the factors that determined Barka’s poetics.

Protecting Interests of Animals in Custody Disputes: Italian Caselaw Outpaces Italian and European Union Legislation

2020 ◽  
pp. 1-18
Author(s):  
Paola Fossati
Keyword(s):  
Companion Animals ◽  
Case Law ◽  
Best Interest ◽  
Personal Property ◽  
Italian Case ◽  
Nonhuman Animals ◽  
Custody Disputes ◽  
Unique Nature ◽  
European Union Legislation ◽  
The Law

AbstractPeople who live with pets (companion animals) in many cases see their pets as family members. Yet, in the eyes of the law, pets are still considered personal property. This is relevant to pet custody matters that may arise at the time of divorce or separation; pets fall within divorce financial proceedings. However, they have the unique nature of living and sentient property, which has interests. In this perspective, the best interest of the nonhuman animal should always be taken into account. Nonetheless, the law lacks definitive standards, and the ways in which courts construe contractual disputes involving nonhuman animals that relate to custody disputes in marital or other relationships do not always take into consideration the unique nature of this living and sentient property. This article provides an examination of the current Italian legal system and of Italian case law related to this matter.

scholarly journals Limited, inclusive, and communitarian: in defence of recognising property in the human body

2019 ◽  
Vol 70 (3) ◽  
pp. 289-309
Author(s):  
Neil Maddox
Keyword(s):  
Property Rights ◽  
Human Activity ◽  
Human Body ◽  
The Body ◽  
Community Resources ◽  
Property Law ◽  
Narrow View ◽  
Unique Nature ◽  
The Law

While recognising property in the human body would have its uses, there are objections to granting such rights given the unique nature of the body. One objection is that property serves individualistic and not communitarian values and fails to capture the body’s relational interdependent nature. I contest this objection as it takes an overly narrow view of property as being ‘Blackstonian’ in character, eliding the diversity of property institutions that actually exist. Thus, the usefulness of property law in the protection and management of community resources and the manner in which property is often limited by non-property interests that the law is accustomed to protecting have not been accounted for. I contend that property facilitates cooperative human activity and could potentially provide useful tools for the protection of individual and communal rights in the body. I further contend that, where property rights have tentatively been recognised in human biomaterials, they are not strongly exclusive in character and are consistent with property’s inclusive and communitarian nature in being limited to prevent public harm and by reference tothe non-property interests of other persons and the community.

scholarly journals The International Criminal Police Organization (Interpol): issues of legal ideology

2020 ◽  
pp. 79-89
Author(s):  
A. I. Klimenko ◽  
A. A. Solukov
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal Discourse ◽  
Present Moment ◽  
Functional Potential ◽  
Legal Ideology ◽  
International Regulations ◽  
Unique Nature ◽  
The Law ◽  
Legal Policies

INTRODUCTION. The article is devoted to the problem of identifying the ideological and legal foundations of international cooperation of the criminal police. The paper considers International law as a special ideological form of law. One of the functions of this law is the function of organizing cooperation in combating crime at the international level. The segment of international law governing criminal police cooperation within an organization such as Interpol is primarily involved in the implementation of this function.MATERIALS AND METHODS. Using a socio-axiological approach, which studies the law not as a set of norms, but as a system of conventional values based on needs and interests of social actors in the process of legal discourse, the authors analyse the legal values and ideas that underlie the activities of Interpol. The paper studies international regulations of the Interpol activities as well as the regulations of the activities of the National Central Bureau of Interpol of Ministry of Internal Affairs of Russia, also studies theoretical materials (articles and studies), that could shed light on the aspects of formation and development of these ideas and values on the doctrinal level. The paper undertakes functional and structural analyze of the legal ideology of Interpol. It utilizes dialectical, system, formal-logical and comparative law methods.RESEARCH RESULTS. The authors build the theoretical model of the legal ideology structure and determine its basic functions. Its contents, i.e. values, ideas and principles, could formally manifest themselves in legal documents on both international and/or national levels, or informally emerge in the public legal discourse in the law enforcement field. On the functional level, the legal ideology of Interpol creates ideological foundations for law enforcement, including legal data base for combating crime and co-operation in law enforcement field and law enforcement practices, legitimizes international co-operation in combating crime, brings together international eff ts in combating crime, and strengthens international co-operation in this field. It also facilitates the universalization of the international law order and creation of legal policies in combating crime.DISCUSSION AND CONCLUSIONS. The legal ideology of Interpol is a complex system employing functional potential, that remains to be studied in details. The unique nature of ideas and values (law values), that lay ground for the legal ideology of Interpol, their high effi ency, derive from its particular functions, proven to be valuable on the modern stage of international co-operation in law enforcement field. The legal ideology of Interpol, in terms of its contents, tends to be very specific on the values level, because it encompasses legal values of conventional nature, as well as legal ideas supporting these values, and principles directed at them. Its contents never stop transforming accordingly to ever changing realities of international relations in the process of uninterrupted public legal discourse in law enforcement field. At the present moment, both its flexibility in terms of contents and functional potential allow us to see it as an important factor contributing to the development of the international law.

Codification and Tax Law: On the Need for Separate Sources of Income in Respect of Employee and Self-Employed Taxpayers

1984 ◽  
Vol 19 (3-4) ◽  
pp. 440-494
Author(s):  
Joseph M. Edrey
Keyword(s):  
Present Article ◽  
Present State ◽  
Income Tax ◽  
Previous Article ◽  
Tax Law ◽  
Labour Law ◽  
Policy Makers ◽  
The Law ◽  
Definition Of ◽  
Special Category

In our previous article we dealt with the definition of employee for income tax purposes. We concluded that in the present state of the law in Israel the courts are obliged to depart from the accepted definition of this term as applied in labour law and the law of torts and develop an independent functional test more suitable to tax law. We stressed that this conclusion was based on the existing law in Israel, namely the provisions on the Income Tax Ordinance, which treats taxpayers who are employees as a special category.In the present article we wish to look at the problem from the broader perspective of the lex ferenda. Our remarks are addressed primarily to legislators and policy-makers, and not, as the previous article, to the courts and the tax ordinance commentators.

More on the Depositary of International Treaties

1970 ◽  
Vol 64 (5) ◽  
pp. 838-852 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
Previous Article ◽  
Vienna Convention ◽  
International Treaties ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Law Commission ◽  
Made In

The purpose of this article is to bring up to date the present writer’s previous article on “The Depositary of International Treaties” published in this Journal, in the light of the deliberations of the United Nations Conference on the Law of Treaties in 1968 and 1969 and the changes there made in the texts. The relevant provisions now appear as Articles 76, 77 and 78 of the so-called Vienna Convention on the Law of Treaties, corresponding to Articles 71, 72 and 73 of the draft articles on the law of treaties of the International Law Commission.

scholarly journals Prof. Т. Flechsig: "New investigations into marrow formation in the human cerebral lobes". Neurolog. Centrablatt. 98 г. № 21.

2020 ◽  
Vol VII (4) ◽  
pp. 247-249
Author(s):  
G. Troshin
Keyword(s):  
Nervous System ◽  
Previous Article ◽  
The Law

This article represents a response to Monakow's previous article. First, the author lists the law, according to which the fibers of the hemispheres are taxed with myelin; in general, these are the same laws as the author established for the rest of the nervous system. The first appearance of myelin fibers in the hemispheres refers to 21/2-3 months before birth; education of melin goes by precisely defined points; it is best to observe this process in infants who were born prematurely and lived for a while: premature functioning accelerates the formation of myelin mainly in projection systems, rather than in associative systems.

15. Issues of Admissibility and the Law on International Responsibility

2018 ◽  
Author(s):  
Phoebe Okowa
Keyword(s):  
Final Section ◽  
Legal Regime ◽  
Diplomatic Protection ◽  
Unique Nature ◽  
International Responsibility ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication

This chapter examines the legal regime governing the admissibility of claims in international adjudication. Particular attention is paid to the modalities of establishing legal interest in respect of claims brought by States in their own right and on behalf of their nationals. The role of nationality is examined and the problems posed by competing claims in relation to multiple nationalities are explored. The unique nature of the problems raised in extending diplomatic protection to corporations and shareholding interests is considered in light of the jurisprudence of international tribunals. The final section considers the ambit of the rule on exhaustion of local remedies and its effect on the admissibility of claims. The parameters of the rule are explored and circumstances when, as a matter of policy, it ought to be regarded as inapplicable are discussed.

Trust without Equity

2015 ◽  
Author(s):  
George L Gretton
Keyword(s):  
Property Rights ◽  
Common Law ◽  
Hague Convention ◽  
Legal Institution ◽  
Unique Nature ◽  
The Hague ◽  
The Law ◽  
The Hague Convention

This chapter examines an English peculiarity logically detachable from the trust: the distinction between the legal and the equitable estate. According to the Hague Convention on the Recognition of Trusts, ‘the trust, as developed in courts of equity in common law jurisdictions and adopted with some modifications in other jurisdictions, is a unique legal institution’. The unique nature of trust lies in the fact that it is founded on the division between law and equity and the consequent division of property rights into legal and equitable. The chapter first considers whether trust can be explained in terms of the law of obligations before discussing trust as agency and whether trust beneficiaries have rights in rem. It also analyses trust as patrimony, the relation between patrimony and personality, trusteeship as an office, and the Scots law on trust.

scholarly journals Comment: The Preliminary Inquiry in Ethiopia and Its Adverse Impact on the Rights of the Accused

2020 ◽  
Vol 14 (1) ◽  
pp. 150-160
Author(s):  
Wondwossen Demissie Kassa
Keyword(s):  
Attorney General ◽  
Criminal Procedure ◽  
Fair Trial ◽  
Adverse Impact ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Unique Nature ◽  
The Law ◽  
The Right

Whether preliminary inquiry should be conducted following completion of criminal investigation was one of the issues that arose in criminal proceedings of leaders of some opposition parties who were arrested (in June and July 2020) following the assassination of Hachalu Hundessa. The Court accepted the request of the Office of the Attorney General for the holding of preliminary inquiry. While the request of the Office of the Attorney General and the ruling of the court are consistent with the 1961 Criminal Procedure Code, in view of the unique nature of the Ethiopian Preliminary Inquiry, both the request and the ruling adversely affect the right of the accused to a fair trial. The application of the law regulating preliminary inquiry would be a departure from the principle of equality of arms and the right of the accused to confrontation, both of which are elements of the right to a fair trial. It is argued (in this comment) that using evidence obtained during preliminary inquiry against the accused is inconsistent with the FDRE Constitution and relevant international legal instruments.

Undue Intrusion on Parties’ Autonomy Finally Amended: An Observation of Article 51 of the Jordanian Arbitration Law

2019 ◽  
Vol 33 (2) ◽  
pp. 198-208
Author(s):  
Ahmed Mohammad Al-Hawamdeh ◽  
Ahmad Abed Alla Alhusban
Keyword(s):  
Previous Article ◽  
Arbitration Clause ◽  
The Law

Abstract Before its amendment in 2018, Article 51 of the Jordanian Arbitration Law stated that: ‘if the court nullifies the award, consequently it would render the arbitration agreement nullified’. The newly amendment Article 51 of the Jordanian Arbitration Law reads: ‘If the Court of Cassation […] nullifies the award that should not result in nullifying the arbitration clause unless the arbitration agreement is itself void’. Here we argue that the new amendment was long due as the previous Article unduly intruded on parties’ autonomy. This article was originally submitted before the 2018 amendment of the law and the exact wording of what the article originally suggested was adopted by the new law.

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