scholarly journals The lifting of “pontifical secrecy” and the relationship between the state and Church systems of justice in the subject matter of sex offences against minors

2020 ◽  
Vol 29 ◽  
pp. 101-126
Author(s):  
Piotr Majer
Keyword(s):  
Subject Matter ◽  
The State ◽  
Sex Offences ◽  
The Subject ◽  
The Relationship

Democracy and Civic Culture

2009 ◽  
Author(s):  
Filippo Sabetti
Keyword(s):  
Political Culture ◽  
Subject Matter ◽  
The State ◽  
Civic Culture ◽  
Future Research ◽  
The Subject ◽  
State Of Research ◽  
The Relationship ◽  
The Way

This article attempts to take stock of the state of research on democracy and culture by providing answers to several sets of questions. It seeks to improve the understanding of the relationship between culture and action, and between political culture and democratic outcomes. The article begins by exploring the way the literature has dealt with the possible meaning of culture and political culture and their relationship to action. It also suggests why there has been little contribution to democracy derived from political culture research, and identifies how the efforts to rethink how and why the subject matter is approached in certain ways led many analysts to break out of established epistemological demarcations. This eventually led to the reinvigorated tools of investigation and research on democracy and civic culture. The article concludes with a discussion on the implications of improved tools of investigation for future research.

Introduction

2018 ◽  
Author(s):  
Gerhard Preyer
Keyword(s):  
Subject Matter ◽  
Diverse Range ◽  
The World ◽  
The Subject ◽  
The Relationship

The study of meaning in language embraces a diverse range of problems and methods. Philosophers think through the relationship between language and the world; linguists document speakers’ knowledge of meaning; psychologists investigate the mechanisms of understanding and production. Up through the early 2000s, these investigations were generally compartmentalized: indeed, researchers often regarded both the subject matter and the methods of other disciplines with skepticism. Since then, however, there has been a sea change in the field, enabling researchers increasingly to synthesize the perspectives of philosophy, linguistics, and psychology and to energize all the fields with rich new intellectual perspectives that facilitate meaningful interchange. One illustration of the trend is the publication of Lepore and Stone’s ...

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

The Subject Matter of Intellectual Property

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Final Stage ◽  
Theoretical Framework ◽  
Trade Mark ◽  
Second Stage ◽  
Essential Properties ◽  
The Subject ◽  
Three Stages ◽  
The Relationship

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.

Theory of Interdiffusion in Solids

2006 ◽  
Vol 258-260 ◽  
pp. 52-58
Author(s):  
Y.C. Chen
Keyword(s):  
Subject Matter ◽  
Phase Growth ◽  
Atomic Flux ◽  
The Subject ◽  
Induced Stresses ◽  
Volume Unit ◽  
The Relationship

Traditional theories of interdiffusion in solids based on Fick’s first and second laws and Darken’s equations can not describe the relationship between the diffusion fluxes and the diffusion-induced stresses, because the subject matter of the traditional theories is the diffusing atom or atomic flux, not the volume unit within the interdiffusion field. For this reason, it is suggested that the concept of flow point in the interdiffusion field should be constructed to describe the diffusion-induced stresses and the phase growth.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

A flight of no substance, collapsing space in its wake

2021 ◽  
Vol 10 (1) ◽  
pp. 43-60
Author(s):  
Riet Eeckhout
Keyword(s):  
Subject Matter ◽  
Close Encounter ◽  
The Subject ◽  
The Relationship

This article looks at ways in which architecture can be articulated as a sensation within the drawing. The subject of occupying drawings is considered here as a result of entering the drawing, an action John Hejduk describes ‘as a flight of no substance’, collapsing space between the observer and the artefact in its wake. Entering the drawing and subsequently occupying the drawing is considered here as a phenomenon that enables experiential and observational proximity to an artefact and its embedded subject. The collapsing mechanism enforces thinking about the observational intent of this type of entering, its relationship with immediacy and with aspects of the non-representational. Furthermore, the act of entering the drawing is viewed as a technique for mediating and bringing forth subject matter in the drawing. This technique of augmented observation and mediation is in service of the quest for subject presence in the drawing, as opposed to subject representation in the drawing – allowing a residence in close encounter by the maker during production and later by the observer of the resulting artefact. The article is accompanied by a set of drawings from the Drawing Out Gehry series. The drawings are driven by an interest in relational encounters and space they take in. Away from an object or component-directed perception of space and towards the understanding of space as the relationship between elements, this set of drawings is in search of the quality and intrigue raised by the architectural event as the encounter of spatial circumstances.

scholarly journals Spinoza’s affective aesthetics: Art and architecture from the viewpoint of life

2021 ◽  
pp. 64-72
Author(s):  
Gökhan Kodalak
Keyword(s):  
Subject Matter ◽  
Aesthetic Theory ◽  
The Subject ◽  
Relationship Of ◽  
Art And Architecture ◽  
The Relationship

There is a peculiar aesthetic undercurrent traversing Baruch Spinoza’s philosophy, harbouring untapped potentials and far-reaching consequences for contemporary discussions on aesthetics. The relationship between aesthetics and Spinoza’s philosophy, however, has been nothing but a huge missed encounter, resulting in the publication of only a few books and a handful of articles throughout a vast period of more than three-and-a-half centuries. Which begs the question: might there be, despite our persistent negligence, much more to the relationship of Spinoza and aesthetics than first meets the eye? I will argue that there might be. For once Spinoza’s philosophy as a whole, ranging from his philosophical and political treatises to his private letters and unfinished manuscripts, is read between the lines, latent seeds of a peculiar aesthetic theory become visible—an aesthetic theory that moves beyond subjective and objective approaches that have come to dominate the field, and rather grounds itself on affective interactions and morphogenetic processes. A subterranean journey through Spinoza’s affective aesthetics constitutes the subject matter of this paper, which interweaves subtle aesthetic hints buried deep within his philosophical archive, while unfolding relevant ramifications of these promising discoveries for the current aesthetic discourse.

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

scholarly journals SCALIA, HAMDAN AND THE PRINCIPLES OF SUBJECT MATTER RECUSAL

2012 ◽  
Vol 19 (1) ◽  
pp. 149-170
Author(s):  
Brian Flanagan
Keyword(s):  
Subject Matter ◽  
Natural Justice ◽  
Open Mind ◽  
The Us ◽  
Normative Basis ◽  
The Subject ◽  
Relationship Of ◽  
Constitutional Adjudication ◽  
The Relationship ◽  
Practical Level

The point of judicial recusal is at once obvious and elusive.  The idea of a partial judge immediately grates on our sense of fairness.  Almost invariably, the normative basis of judicial impartiality is traced to what is described as ‘natural justice’;1 specifically the celebrated maxims of nemo iudex in causa sua2 and audi alteram partem.3  But the relationship of this moral bedrock to the exigencies and settled practices of constitutional adjudication is far from straightforward.  This article will focus on the implications of the latter principle – perhaps best translated as a standard of judicial open-mindedness regarding the subject matter of a dispute.  Despite its moral immediacy, there are serious theoretical objections, best described as ‘realist,’ to an expansive conception of judicial open-mindedness.  Likewise, at a practical level, the institution of the dissenting opinion can be seen as diluting the duty to keep an open mind, at least in jurisdictions such as the US where judges are expected to exhibit relatively little deference towards previous decisions in which they were outvoted.

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