scholarly journals Thinking with Cavell about (His) Death

2020 ◽  
pp. 145-153
Author(s):  
Eric Ritter
Keyword(s):  
Special Issue ◽  
Stanley Cavell ◽  
Philosophical Reflection ◽  
The Past ◽  
The Subject ◽  
The Right ◽  
Hearts And Minds ◽  
Bear Witness

I am grateful to David LaRocca for inviting contributors to this special commemorative issue on the life and thought of Stanley Cavell. What follows is a brief philosophical reflection on what it means to think through the death of someone like Cavell, whose life and work continue to live on in so many respects and within so many people, as both this special issue and my experience in Stanley Cavell’s study bear witness to. I would argue that it is difficult to think through Cavell's death adequately (that is, to get the right sort of concepts in play). The cause of this difficulty is a productive tension within the extraordinary ordinariness of the concept of death itself: between the fact of cessation of biological life and the various respects in which Cavell has not ceased to exist, especially within the hearts and minds of so many. I aim in this piece to think with Cavell— that is, using tools he has provided—about (his own) death, thus performing the very productive tension which is the subject of the essay. I interweave some anecdotes from the past year spent working with the Cavell family to inventory and organize Cavell’s papers at the family’s home in Brookline, Massachusetts.

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

scholarly journals Designing the social estate of odnodvortsy of the western provinces in 1831

2017 ◽  
Vol 6 (2) ◽  
pp. 135-140
Author(s):  
Constantin Vadimovich Troianowski
Keyword(s):  
19Th Century ◽  
Legal Status ◽  
Social Hierarchy ◽  
Social Category ◽  
The Past ◽  
Imperial Russia ◽  
The Social ◽  
The Subject ◽  
The Right ◽  
The 19Th Century

This article investigates the process of designing of the new social estate in imperial Russia - odnodvortsy of the western provinces. This social category was designed specifically for those petty szlachta who did not possess documents to prove their noble ancestry and status. The author analyses deliberations on the subject that took place in the Committee for the Western Provinces. The author focuses on the argument between senior imperial officials and the Grodno governor Mikhail Muraviev on the issue of registering petty szlachta in fiscal rolls. Muraviev argued against setting up a special fiscal-administrative category for petty szlachta suggesting that its members should join the already existing unprivileged categories of peasants and burgers. Because this proposal ran against the established fiscal practices, the Committee opted for creating a distinct social estate for petty szlachta. The existing social estate paradigm in Russia pre-assigned the location of the new soslovie in the imperial social hierarchy. Western odnodvortsy were to be included into a broad legal status category of the free inhabitants. Despite similarity of the name, the new estate was not modeled on the odnodvortsy of the Russian provinces because they retained from the past certain privileges (e.g. the right to possess serfs) that did not correspond to the 19th century attributes of unprivileged social estates.

scholarly journals Aquatic biomonitoring: Lessons from the past, challenges for the future

2017 ◽  
Vol 76 (s1) ◽  
Author(s):  
Rossano Bolpagni ◽  
Mariano Bresciani ◽  
Stefano Fenoglio
Keyword(s):  
Adaptive Responses ◽  
Special Issue ◽  
The Past ◽  
Quality Classification ◽  
The Future ◽  
The Subject ◽  
Passionate Debate ◽  
Main Message ◽  
Special Symposium

This special issue stems from an increasing awareness on the key contribution made by biometrics and biological indices in the quality classification of aquatic ecosystems. This theme has been the subject of passionate debate during the 13th European Ecological Federation (EEF) and 25th Italian Society of Ecology’s (S.It.E.) joined congresses held in Rome in September 2015. In this frame, on the margins of the special symposium named “Biomonitoring: Lessons from the past, challenges for the future”, it was launched the idea of a special issue of the Journal of Limnology on the “aquatic” contributions presented at the conference. The present volume mainly reports these studies, enriched by few invited papers. Among the other things, the main message is the need of a better integration between sector knowledges and legislative instruments. This is even truer given the on-going climate change, and the necessity to record rapid changes in ecosystems and to elaborate effective/adaptive responses to them. 

Aristotle's Use of Medicine as Model of Method in his Ethics

1957 ◽  
Vol 77 (1) ◽  
pp. 54-61 ◽  
Author(s):  
Werner Jaeger
Keyword(s):  
Historical Consciousness ◽  
Special Importance ◽  
Political Art ◽  
Greek Philosophy ◽  
The Past ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Source Of Information

Philosophy, in general, moves in a sphere of abstraction, and its statements claim to be necessary and of universal validity. The reader therefore expects them to appeal directly to his reason, and he does not normally reflect much on the time and historical conditions that determined what the philosopher took for granted. It is only in this age of historical consciousness that we have come to appreciate these factors more readily, and the great thinkers of the past appear to us more or less closely related to the culture of their age. The writings of Plato and Aristotle in particular are for us an inexhaustible source of information about Greek society and civilisation. This is true also in regard to the relation of Greek philosophy to the science of its time, and this is of special importance for our understanding. That relation can be traced throughout Aristotle's logical, physical, and metaphysical works; but the influence of other sciences and arts is no less evident in his ethics. In this paper I propose to examine the numerous references to medicine that occur in the Nicomachean Ethics. They are mostly concerned with the question of the best method of treating this subject. The problem of the right method is always of the utmost importance for Aristotle. The discussion of it begins on the first page of the Ethics, where he tries to give a definition of the subject of this course of lectures and attributes it to a philosophical discipline that he calls ‘politics’. He does so in agreement with the Platonic tradition. We can trace it back to one of the dialogues of Plato's first period, the Gorgias, in which the Platonic Socrates for the first time pronounces his postulate of a new kind of philosophy, the object of which ought to be the care of the human soul (φυχῆς θεραπεία). He assigns this supreme task to ‘political art’, even though it does not fulfil this function at present.

scholarly journals DISPLAYING THE POLYTEMBRALITY OF THE ORCHESTRA OF UKRAINIAN FOLK INSTRUMENTS WHEN ARRANGED FOR ACCORDION "UKRAINIAN FANTASY" YAROSLAV OLEKSIV

2021 ◽  
Author(s):  
Oleksiv Halyna Vasylivna
Keyword(s):  
Characteristic Feature ◽  
Chamber Ensemble ◽  
Deep Understanding ◽  
Original Compositions ◽  
Combined Analysis ◽  
The Past ◽  
The Subject ◽  
The Right ◽  
Favorable Conditions

Over the past decade, the arsenal of original compositions for the accordion has considerably expanded, but a significant place among the performing repertoire is the genre of translation of works from the repertoire of other instruments, ensembles or orchestras for the accordion. Since the translation of the orchestral repertoire with account of the timbre features of the accordion, has not yet become the subject of musicology research, the task is to elucidation of the main principles of this genre. The combined analysis of translations and executive-methodical recommendations become the basis for a deep understanding of the ideological conception, stylistic features and rethinking of the timbre transformations, and therefore the quality of the performance of the work itself.Translation works for the accordion from the repertoire of the Ukrainian folk instruments orchestra has favorable conditions for many parameters, as demonstrated by Y. Oleksiv "Ukrainian fantasy". The timbre specificity - the existence of a large number of different instrumental groups and voices in the orchestra is successfully transmitted in the accordion translation due to a number of timbre registers of the instrument, the diversity of which allows the most complete transfer of orchestral coloration. The author takes into account the slight difference in the sound of the right and left keyboards of the accordion and demonstrates it in an advantageous applying for translation, creating the effect of a multi-timbre "dialogue". The techniques of playing on the accordion fully reproduce the dynamic gradations of the orchestral sound, as the characteristic feature of such orchestra is a chamber. The author simulates the techniques of sound formation and the specifics of various orchestral instruments. The bandura pinch, the overtones dulcimer "echo", the reed pipe glissando, the violin detache and the articulation variety of instrumental composition of the orchestra composer transmits using a detail palette. Perfect constructive features of the accordion allow you to successfully adapt the multi-layer orchestra texture. In the accordion translations of orchestral compositions, the epic and poetics of folk melodies are transmitted as clearly as possible. This work is aimed at deeper understanding of the content and expressiveness of translated works by the performers. The research can be an impetus for transmissions and their research on the repertoire of the chamber ensemble for the accordion, as well as the translation of pieces for the accordion.

scholarly journals Problematyka prawa do grobu w kontekście dóbr osobistych

2019 ◽  
pp. 19-33
Author(s):  
Anna Chodorowska ◽  
Łukasz Szumkowski
Keyword(s):  
Criminal Code ◽  
Civil Code ◽  
Wide Field ◽  
The Past ◽  
Personal Rights ◽  
Human Individual ◽  
The Subject ◽  
The Moment ◽  
The Right ◽  
Living Person

The historical feature of the protection of corpses, as well as the development of funerary tendencies, is an integral part of the functioning of our civilization, from the very beginning of time. The approach to death depends on the cultural and denominational circle as well as time. Respect for the living and the dead was in the past a separate division of civilization and thought development. Nowadays, new trends can be observed in the development of the protection of the human individual, as well as his name or reverence. In modern Polish legislation, the open catalog of personal rights (Article 23 of the Civil Code) is a wide field of interpretation in the very problem of the existence of specific goods. Undoubtedly from the provision of art. 23 k.c, it follows that this protection is due to the live unit, and thus only until its death. In modern Polish legislation, the open catalog of personal rights (Article 23 of the Civil Code) is a wide field of interpretation in the very problem of the existence of specific goods. Undoubtedly from the provision of art. 23 k.c, it follows that this protection is due to the live unit, and thus only until its death. At the moment when, according to the law, we cease to deal with a living person, and we start talking about corpses, certain rights are ceded to the closest persons, some are subject to inheritance. The right that people who are closest to someone’s death to cultivate this person according to their own conscience and religion and the contract between the entity authorized to burial and the cemetery management, as well as a number of related circumstances (on the drudge of several areas of law), will be called the right to the grave. The existence of the right to the grave belongs to arguable issues, as the liberty of the subject granting a certain sphere of possibility of proceedings, including its the scope of power. In the article, the Authors also discuss the issues related to the offense described in the art. 261 and 262 of the Polish Criminal Code. The dogmatic analysis carried out with regard to elements of a prohibited act has made it possible to establish, the scope of criminalization of these acts.

scholarly journals Historical Potential of Newsreel and Its Interpretation

2016 ◽  
Vol 8 (4) ◽  
pp. 44-53
Author(s):  
Victor K Belyakov
Keyword(s):  
Theoretical Approach ◽  
Historical Memory ◽  
Historical Events ◽  
Secondary Use ◽  
The Past ◽  
Comprehensive Picture ◽  
The Subject ◽  
Film Archives ◽  
The Right

What is a newsreel and how it relates to historical events? When watching the newsreel film footage, it is important to understand it and evaluate. It is necessary to have a specific pre-knowledge and pre-understanding of the subject. We have the right mind to correlate on-screen images with historical events. But newsreels never plays them fully, since they do not give a comprehensive picture of what have happened. Actually, newsreels are largely symbolic, and they also facilitate formation of historical memory. At the same time, to fully understand the historical newsreels one has to use the knowledge about the same events from other sources. When viewing pictures of the past, its vital to take into consideration the author's initial message predestinated for the according audience. This raises the question of the interpretation of the seen today, affected by certain mental filters of the actual audience. It especially tells on secondary use of historical newsreels today in a new documentary. Symbolism in newsreel arises through the symbolism of the ritual demonstrated on the screen. Does the ritualistic imagery bear any esthetical quality? There is a kind of duality: either we see a certain beauty of the ritual, or we look at what is happening only in the informational way. The novelty of the article is determined by its theoretical approach to understanding of the artistic and historical qualities of the newsreel, helpful for researchers and practitioners working in film archives.

scholarly journals The Right of Intervention for the Protection of Nationals : Reassessing the Doctrinal Debate

2005 ◽  
Vol 30 (2) ◽  
pp. 441-493
Author(s):  
Jean Raby
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Legal Order ◽  
Practical Reasons ◽  
The Past ◽  
International Legal Order ◽  
The Subject ◽  
The Right ◽  
International Law Commission ◽  
Self Defence

The legality of a forceful intervention by a state to protect its nationals has been the subject of a continuing controversy over the past 15 years. Many see it as an unlawful use of force prohibited by the Charter of the United Nations, others see it as a lawful exercice of a self-standing right recognized under contemporary international law, some finally claim it falls under the scope of self-defence. The author proposes not to restate that debate, but more to reassess it, examining and challenging some of the arguments raised on both sides of the question. Within that debate, it will be concluded that the international legal order does indeed recognize the validity of the use of force for such a purpose : if the avenue of self-defence is rejected, for conceptual as well as practical reasons, the right of intervention to protect nationals is indeed, for the author, part of the comtemporary international legal order. Then, the author wishes to broaden the debate and proposes another option, which has not been explored by scholars and publicists but which is found more satisfactory than any other approach : intervention to protect nationals can be justified under international law because of the existence, in a particular case, of a "state of necessity" as defined by the International Law Commission.

Concluding remarks

1982 ◽  
Vol 296 (1082) ◽  
pp. 575-576 ◽  
Keyword(s):  
Plant Physiology ◽  
Nitrogen Cycle ◽  
Quantitative Data ◽  
Aquatic Environments ◽  
The Past ◽  
Quantitative Studies ◽  
The World ◽  
The Subject ◽  
The Right ◽  
Made In

Over the past two days of this symposium I have been impressed by the interest and enthusiasm shown for the subject of the nitrogen cycle. The programme has been diverse, with agriculturalists, environmentalists, those interested in forestry, aquatic environments, plant physiology and medicine all contributing. Dr Lake has rounded off the general discussion admirably: he has emphasized that there are many questions still to be answered and various speakers and contributors have pointedly emphasized that while we know much about the various reactions of the nitrogen cycle, at least in gross terms, good solid quantitative data on various processes are scarce. Even for N 2 fixation about which, as Professor Postgate rightly said, more is probably known than about any other process of the nitrogen cycle, there is still uncertainty about how much N is fixed in the oceans of the world, despite the fact that these cover the bulk of the Earth’s surface. Professor Fogg has mentioned the difficulties of obtaining such data in so vast an area. But it is not only in the sea that there are problems. As yet we have few good quantitative data on losses by denitrification: how much is lost as N 2 and how much as N 2 O. The studies of Dr Dowdell and his colleagues are an important step in the right direction. Detailed quantitative studies are required on the various processes of the nitrogen cycle. That is where progress will have to be made in the future. I believe that too much time has been spent in the past on mass balance studies and not enough time on getting accurate measurements of the various processes by experimentation.

scholarly journals The Image of Sultanate of Oman in the Contemporary Algerian Arabic Press

2018 ◽  
Vol 9 (2) ◽  
pp. 43
Author(s):  
Mohammed Ahmed Djehlane
Keyword(s):  
Systematic Approach ◽  
Second Century ◽  
Sultanate Of Oman ◽  
Huge Amount ◽  
The Past ◽  
Modern Age ◽  
The Press ◽  
The Subject ◽  
The Right

This study tried to dive in the archives relating to Oman in the Algerian contemporary press, (1986-2016), and its goal is to look for the Oman presence in the Algerian press, and its role in consolidating of Algeria's Oman relations in the past and present. Based on the above, we have attempted in this study to analyze the subject - after a systematic approach- in the following topics: 1. Introduction to the interesting of Algerian journalists about Oman in modern-day. 2. Algerian press and the contemporary cultural scene in Oman. 3. Algerian press and document the views of the Algerian and Omani on topical issues. Among the findings of the research is the extrapolation of the huge amount of Algerian press material covered by the period of study. That the reasons of Omani-Algerian relationship extend in the depths of history, back to the second century AH, and she has stimulated the efforts of the press pioneers in Algeria and Zanzibar this relation and contributed to its consolidation in this modern age. The study also concluded that the image of the Sultanate of Oman in this press embodies a mosaic of high cultural characteristics. The first is: Oman's adherence to its religious and Arab identity. The second is: his struggle for his freedom and his struggle against colonialism throughout history. The third is: the wrapping of the Omani people around their political leadership and their pride in their scientists. The fourth: the sense of citizenship and co-existence and the entrenchment of the right to difference. The fifth: focus in the renaissance on the humans before the structures, and finally, the image of the Sultanate of Oman in short is: "Is the originality of history, the renaissance of the future, and a worthy example to study and follow-up".

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