scholarly journals Tożsamość czynu jako podstawa różnicowania mechanizmów redukujących odpowiedzialność karną

2017 ◽  
Vol 43 ◽  
pp. 107-129
Author(s):  
Jacek Giezek
Keyword(s):  
Criminal Liability ◽  
Binding Model ◽  
Reduction Mechanisms ◽  
Starting Point ◽  
The Subject ◽  
Normative Criteria ◽  
The One ◽  
Legal Judgement ◽  
The Continuum

The Identity of an act as a basis for differentiation of mechanisms reducing criminal responsibilityOur starting point is the view, well grounded in the dogmatics of criminal law, that the separation of a criminal off ence as an entity judged from a legal standpoint is based upon both ontic and normative criteria. On the one hand, the basis for an act, anchored in reality, is the behaviour of a subject, on the other hand, what part of it we consider a single object of legal judgement is decided by the legislator. The situation becomes more complicated whenever the judgement of a particular part of a subject’s behaviour is determined by the realisation of the features of at least two prohibited acts. The criteria of unity of an act — apart from full or partial identity of time, in which at least two sets of features of prohibited acts are realised, are highly vague. One could probably refrain from searching for them, has it not been for the fact that the presence of a single act — or multiple acts — is the basis for the currently binding model of reduction mechanisms. If those mechanisms were to rationalise criminal liability, the basis of their use should consist of entirely normative criteria, based, for example, on those that we use for objective ascription of the result. A model of mechanisms of this kind could be determined by the quantity and quality of the violated rules of conduct, or, to use a diff erent phrase, the multiplicity of sources of risk generated by the subject. A positive consequence of such rearrangement could be the possibility of abandoning the concept of an act as an object of legal judgement, selected from the continuum of behaviour, with a precisely determined timeframe.

Radical Tense-Indexical Historicality and the De Se

KronoScope ◽  
2021 ◽  
Vol 21 (1) ◽  
pp. 7-27
Author(s):  
Carl Humphries
Keyword(s):  
Alternative View ◽  
The Past ◽  
Starting Point ◽  
De Se ◽  
Temporal Expressions ◽  
The Subject ◽  
The One ◽  
Self Reference ◽  
A Current ◽  
Shed Light

Abstract “Being is said in many ways,” claimed Aristotle, initiating a discussion about existential commitment that continues today. Might there not be reasons to say something similar about “having been,” or “having happened,” where these expressions denote something’s being located in the past? Moreover, if history – construed not only as an object of inquiry (actual events, etc.) but also as a way of casting light on certain matters – is primarily concerned with “things past,” then the question just posed also seems relevant to the question of what historical understanding amounts to. While the idea that ‘being’ may mean different things in different contexts has indisputable importance, the implications of other, past-temporal expressions are elusive. In what might any differences of substantive meaning encountered there consist? One starting point for responding – the one that provides the subject matter explored here – is furnished by the question of whether or not a certain way of addressing matters relating to the past permits or precludes forms of intelligibility that could be said to be ‘radically historical.’ After arguing that the existing options for addressing this issue remain unsatisfactory, I set out an alternative view of what it could mean to endorse or reject such an idea. This involves drawing distinctions and analogies connected with notions of temporal situatedness, human practicality and historicality, which are then linked to a further contrast between two ways of understanding the referential significance of what is involved when we self-ascribe a relation to a current situation in a manner construable as implying that we take ourselves to occupy a unique, yet circumstantially defined, perspective on that situation. As regards the latter, on one reading, the specific kind of indexically referring language we use – commonly labelled “de se” – is something whose rationale is exhausted by its practical utility as a communicative tool. On the other, it is viewed as capturing something of substantive importance about how we can be thought of as standing in relation to reality. I claim that this second reading, together with the line of thinking about self-identification and self-reference it helps foreground, can shed light on what it would mean to affirm or deny the possibility of radically historical forms of intelligibility – and thus also on what it could mean to ascribe a plurality of meanings to talk concerning things being ‘in the past.’

The Grammar of Subjectivity

2020 ◽  
pp. 59-65
Author(s):  
Jonardon Ganeri
Keyword(s):  
Logical Form ◽  
Conscious State ◽  
Careful Examination ◽  
Human Being ◽  
Phenomenological Interpretation ◽  
The Subject ◽  
The One ◽  
Affected Subject

There is a commonly agreed way to articulate the logical form of a conscious state: it a state such that there is something it is like for a subject to be in it. This formula has the important virtue that it enables us to separate out two distinct aspects in the phenomenology of an experience: what is experienced, the ‘quality’ of the experience; and how it is experienced, that it is experienced as being for-a-subject. A careful examination of the syntax of the ‘what it’s like …’ construction reveals that the colloquial phrase ‘subject of experience’ is polysemic. On the one hand it might mean the subject in whom the experience is occurring. Let me call this the ‘locative of manifestation’. This host self, an inhabited self, is more commonly identified with the physical human being, or the human being’s brain or neuropsychological state, but Pessoa gives instead a phenomenological interpretation of the notion. The phrase might also mean the subject affected by the experience. The affected subject is the one to whom the experience is addressed, so I will call this the ‘accusative of manifestation’. The accusative of manifestation is, evidently, conceptually distinct from the locative of manifestation. Finally, the phrase might mean the subject who is undergoing the experience, the one who lives through the experience, the ‘dative of manifestation.’

Children's Empathic Responses to Emotional Complexity

1995 ◽  
Vol 18 (2) ◽  
pp. 211-225 ◽  
Author(s):  
Marcelle Ricard ◽  
Mary Kamberk-Kilicci
Keyword(s):  
Age Groups ◽  
The Subject ◽  
Emotional Complexity ◽  
The One

The aim of this study was to assess the empathic reactivity of children when confronted with two different emotions felt by the same character. A total of 90 girls, divided into three equal groups aged 4, 6, and 8 years, were asked to verbally respond to a series of fictitious stories illustrated by a picture where the character's face was left blank. Four of these episodes implied one simple emotion, and the remaining four were complex episodes where the situation potentially induced two opposite emotions within the character, either successively or simultaneously. Empathy was scored according to (a) the match between the emotion identified in the character and the one reported by the subject, and (b) the interpretation given for the subject's reaction. Both the quality of the match and the level of interpretation from self-to event-to character-centred justifications-were found to increase with age, for complex as well as for simple emotions. However, children of all three age-groups displayed less empathic capabilities when witnessing complex rather than simple episodes, given the more demanding task involved in recognising and sharing emotional complexity. Finally, successive emotions appeared more difficult to cope with than simultaneous emotions, but this decalage may be due to the content of the stimuli used in this study.

scholarly journals Modelling and Prognosis of the Export of the Republic of Serbia by Using Seasonal Holt-Winters and Arima Method

2016 ◽  
Vol 54 (2) ◽  
pp. 233-260 ◽  
Author(s):  
Jelena Mladenović ◽  
Vinko Lepojević ◽  
Vesna Janković-Milić
Keyword(s):  
Agricultural Production ◽  
Balance Of Payments ◽  
Bilateral Agreements ◽  
Labour Costs ◽  
The Subject ◽  
The Republic ◽  
The One ◽  
High Degree ◽  
Insight Into

Abstract Low labour costs as one of the key sources of export stimulation, the competitive advantage of domestic agricultural production and bilateral agreements with partner countries - all promote export as a potentially significant factor of encouragement of economic development of the Republic of Serbia.Taking into account this fact, on the one hand, and balance of payments problems that Serbia has been facing over the years, on the other hand, the subject of this paper is an analysis of trends in the Republic of Serbia export and explanation of variations in the export trends during the period from 2004 to 2014. The aim of the paper is to explore export trends forecast from January to December 2015.The analysis uses Holt-Winters and ARIMA methods for analyszing time series.The paper provides insight into the export trend forecasts for the period of 12 months, and thus confirms the possibility of practical usage of the time series analysis methods in forecasting macroeconomic variables such as export. The used methods identify increase of export during the summer and its decrease after October 2015. The paper establishes the existence of a high degree of congruence between forecasts obtained by using two methods, which confirm a high quality of the elaborated methods in the analysis of exports.

scholarly journals THE INNOVATIVE INTERPRETATION OF THE CHAMBER-VOCAL GENRE IN THE LATE WORKS OF SCHUBERT

2019 ◽  
pp. 163-171
Author(s):  
С. А. Щітова ◽  
О. М. Якимець
Keyword(s):  
Scientific Intelligence ◽  
Scientific Article ◽  
Heinrich Heine ◽  
Starting Point ◽  
Poetic Text ◽  
New Type ◽  
The One ◽  
Further Development ◽  
Late Works

The purpose of the study is to prove the innovative approaches of F. Schubert in vocal works on the example of his later opuses – the vocal cycle „Winterreiseˮ, op. 90 („Winter Roadˮ) and the song collection „Der Schwanengesangˮ („Swan Songˮ). The methods of this proposed scientific article are based on the research approaches (historical, compare, analytical), which allow to us to follow the path of dramatization of the song in the late works of F. Schubert, as well as to determine the conformity of the vocal intonation to the poetic text. The material of scientific intelligence there are ten separate songs, namely, five songs from the vocal cycle „Winter Pathˮ and five songs on the lyrics by G. Heine from the collection „Swan Songˮ. In our opinion, they are not only indicative, but also similar in form, methods and content. The scientificnovelty of this research is to in the treatment to the issues of determining the correspondence of vocal intonation to a poetic text. Conclusions. Lyrics by Wilhelm Muller and Heinrich Heine are the peak of Schubertʼs vocal lyrics, the starting point for the further development of the song (romance) genre. Simplicity and the associated „sociability” of song intonation, on the one hand, naturally continue the traditions of the Austro-German song Lied. However, while the melody of Schubert reveals time fundamentally new qualities caused by the composerʼs innovative attitude to its formation. The reason for this is a great attention to the verbal text. The close interaction of poetic words and music, especially in the late works of the composer romantic, gives rise to a fundamentally new type of vocal intonation, a new level of voice and accompaniment and, as a final result, the emergence of a new quality of the chamber-vocal work – „poems with music”, thereby pushing on the further path of development of chamber vocal genres.

scholarly journals Offense of organizing illegal migration: subject of the offense

2021 ◽  
pp. 136-143
Author(s):  
Ion Cojocari ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Material Object ◽  
Illegal Migration ◽  
Additional Protocol ◽  
The Status ◽  
The Subject ◽  
Migrants Rights ◽  
The Republic

The fight against trafficking of migrants is a common international concern that ensures the protection of the rights not to be subjected to slavery and conditions similar to slavery. This article deals with the subject of the crime of organizing illegal migration. Particular attention is paid to the status of the migrant, who under certain conditions can be considered the subject of the crime under consideration. In the Republic of Moldova, the trafficking of migrants is protected by the crime of “organizing illegal migration”. Paragraph 4 of Article 3621 of the Criminal Code, exonerates the migrant from criminal liability for the act prejudicial to the organization of illegal migration. However, the issue arises when the migrant is the object of the crime within the meaning of the Protocol against Trafficking of Migrants. The article analyzes the special quality of the subject of the crime and of the beneficiaries of international humanitarian protection. In the author’s opinion, there are many questions that need to be elucidated, such as: who is the subject of the crime? How old is he/she? What is the special subject of the crime, and what are the conditions when the migrant can be prosecuted? In the author’s view, in order to avoid violations of migrants’ rights, the Moldovan legislature must strengthen its position on the protection of migrants’ rights so that the national criminal law (which responsibly ensures the protection of migrants’ rights) complies with the Additional Protocol on Trafficking of Migrants, having as material object the migrant’s body (material object).

Criterion-based Assessment, Grading and Reporting at Year 12 Level

1986 ◽  
Vol 30 (3) ◽  
pp. 266-284 ◽  
Author(s):  
Colin Power
Keyword(s):  
The Other ◽  
The Subject ◽  
Criterion Referenced ◽  
The One ◽  
The Right ◽  
Integrated Structures

While the move towards criterion-referenced assessment in Australia represents a step in the right direction, the path is fraught with political and technical hazards. Advocates of criterion-referenced assessment tend to overdraw the distinction between norm and criterion-referenced assessment, and to play down the difficulties inherent in spelling out criteria and setting standards at the Year 12 level. Nevertheless it is a good idea to try to clarify the domains of each subject (integrated structures of knowledge and ability which underly areas of expertise) and to experiment with new tools and technologies being developed by measurement specialists. We must also recognize that we cannot hope to improve the art of assessing the quality of students' work by an infinite expansion along a scientific-technological path in all areas of the curriculum. In many areas, we will always be dependent on the expertise and judgment of connoisseurs, and judgments will always represent an uncertain blend of criteria derived from the subject and the assessors on the one hand, and norms ebbing from those being assessed on the other.

The Right to Security of Online Childhood

2017 ◽  
Vol 25 (3-4) ◽  
pp. 573-598 ◽  
Author(s):  
Deborah De Felice
Keyword(s):  
Parenting Styles ◽  
Digital Technologies ◽  
Rights Of The Child ◽  
Theoretical Perspectives ◽  
Starting Point ◽  
Adults And Children ◽  
The Subject ◽  
United Nations Convention ◽  
The One ◽  
The Right

The complex relationship between children online and digital technologies is the starting point of this reflection of a growing process of multidisciplinary theoretical attention to building children’s biographies. On the one hand, the concepts of “risk and childhood safety” have become increasingly central in institutional discourses. The content of this attention seems, however, to assume more the form of adults’ fears, dealing with an endless struggle for a utopian safety for their children, than the reality of what really can be a “risk” for children online. On the other hand, the current changes in the representations of childhood are increasingly oriented to a vision of the child as the subject of its own history and therefore more active and participatory. This makes it difficult to manage the distinction between adults and children and is problematic for the use of traditional parenting styles. Starting from a reflection on the main theoretical perspectives that have been compared on the issues of social change, this paper aims to clarify and problematise some of the paradoxes that accompany what has been said relating to children’s safety in the so-called second modernity, compared to the United Nations Convention on the Rights of the Child and the powerful entry of technology digital science in familial contexts.

Lytton Strachey's Conception of Biography

PMLA ◽  
1951 ◽  
Vol 66 (4) ◽  
pp. 295-315
Author(s):  
Charles Richard Sanders
Keyword(s):  
Human Beings ◽  
Ordinary People ◽  
The Past ◽  
A Value ◽  
Starting Point ◽  
The Gift ◽  
The Subject ◽  
The One ◽  
Point Of Reference ◽  
Individual Human

Human beings are too important to be treated as mere symptoms of the past. They have a value which is independent of any temporal processes—which is eternal, and must be felt for its own sake.“ These two sentences, embedded in the well-known Preface to Eminent Victorians, must always be the starting point and a constant point of reference in any discussion of Strachey's conception of biography. The basis of all good biography must be, he firmly held, the humanistic respect for men—men in their separateness as distinct from lower creatures and in their separateness apart from economical, political, ethical, and religious theories; men in their separateness as distinct from one another, men as individuals, various, living, free. It has been well said that Strachey wrote with ”a glowing conviction that character is the one thing that counts in life“ and with a realization that individual human beings, however simple they may appear, are enigmatical, complex, and compact of contending elements. Each person carries his secret within him, and the biographer is one who has the gift for discerning what it is. Hence individual human beings are not only highly important; they are also highly interesting. The puzzle which the biographer has to solve in dealing with ordinary people is fascinating enough; but when the subject is a great man, the biographer works with his problem in an atmosphere of intense excitement, for about all great men there is something wondrous and incredible.

scholarly journals The priesthood of Christ in the light of John Paul II’s letters to priests for Maundy Thursday

2021 ◽  
pp. 191-205
Author(s):  
Tomasz Nawracała
Keyword(s):  
The Other ◽  
Special Topic ◽  
John Paul Ii ◽  
Starting Point ◽  
The Subject ◽  
The One ◽  
The Mind ◽  
The Sacrifice ◽  
The Church ◽  
Broad Approach

The long pontificate of John Paul II was a time for the Church to continue reflecting on the fundamental themes that constitute the identity of the community of Christ’s disciples. Among many subjects, the priesthood appears to be a special topic: on the one hand, through the pope himself and his pastoral activity, and on the other - through a series of documents devoted to the priesthood. This article will present the person of Christ as a priest since it is the starting point for reflection on the priesthood as such. In the mind of the Polish Pope, Christ is the only priest who connects His priesthood with the sacrifice on the cross. This sacrifice includes the perfection of mediation between God and people, and simultaneously, the completion of what Christ possesses eternally as the Son. Sonship, mediation and the priesthood are topics that should be considered together as they not only interpenetrate but also complement each other. Such a broad approach to the subject, however, is limited to the analysis of the Letters to priests for Maundy Thursday.

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