scholarly journals Giurisprudenza e responsabilità morale: Il "Buon Giudice" Magnaud = Jurisprudence and moral responsibility: "The Good Judge" Magnaud

2018 ◽  
pp. 85
Author(s):  
Mariella Robertazzi
Keyword(s):  
20Th Century ◽  
Legal Theory ◽  
Theory And Practice ◽  
Legal Certainty ◽  
Legal Cases ◽  
Specific Object ◽  
History Of ◽  
History Of Law ◽  
Good Judge ◽  
Shed Light

RIASSUNTO: Paul Magnaud, magistrato e politico francese operante tra la fine del XIX e gli inizi del XX secolo e divenuto noto con l'appellativo di "bon juge", ci offre l'opportunità di riflettere su un nodo ineliminabile della teoria e della prassi giuridica: il rapporto tra legge ed equitá, tra certezza del diritto ed esigenze di giustizia. Nel saggio vengono ricostruiti i casi principali di cui egli si occupò quando era presidente del Tribunale di Chateâu-Thierry al fine di riportare alla luce un episodio della storia del diritto che può dire ancora molto al dibattito giuridico e politico contemporaneo.ABSTRACT: Paul Magnaud, who was a French politician and magistrate, mainly active between the end of 19thand the beginning of 20th century and known as the “bon juge” provides the opportunity to reflect on an unavoidable issue concerning both legal theory and practice. The specific object of that focuses on the correlation between law and fairness, as well as, legal certainty and need of justice. This essay will retrace the most important legal cases he dealt with, when he was the president of the court of Chateâu-Thierry, in order to shed light on a specific case, pertaining to the annals of the history of law, which can enhance the current judicial and political debate.PAROLE CHIAVE: legge, equità, certezza del diritto, giustizia.KEYWORDS: law, fairness, legal certainty, justice.

scholarly journals A Comparative Study on Soft Law: Lessons from the COVID-19 Pandemic

2021 ◽  
pp. 1-34
Author(s):  
Barbara BOSCHETTI ◽  
Maria Daniela POLI
Keyword(s):  
Legal Theory ◽  
Theory And Practice ◽  
Soft Law ◽  
General Interest ◽  
Hard Law ◽  
Regulatory Strategies ◽  
Key Topics ◽  
Negative Impacts ◽  
Different Levels ◽  
Shed Light

Abstract This article aims to map how soft law tools have complemented and supported the overall regulatory strategies implemented by European countries to counter the Covid-19 crisis (the soft law atlas), to shed light on some key topics of general interest for legal theory and practice: how soft law tools interact and complement one another including on different levels (the soft law web), how soft law tools interact and complement the sources of pandemic law (the interplay between soft and hard law), and the positive and negative impacts on governance and policy-making of soft law tools during the pandemic and beyond (soft law bright and dark sides).

scholarly journals School history textbook as a component of the Soviet education system by the end of the 1980s

2020 ◽  
pp. 226-232
Author(s):  
Tamara М. Kadzoeva
Keyword(s):  
20Th Century ◽  
Education System ◽  
History Textbooks ◽  
Theory And Practice ◽  
History Textbook ◽  
Soviet School ◽  
Theoretical Approaches ◽  
School History ◽  
History Of ◽  
Soviet Education

The article reveals theoretical approaches to the creation of Soviet school history textbooks of the late 1980s. Despite the achievements of domestic methodologists in the field of theory and practice of a school textbook, the society abandoned the Soviet model of a history textbook. Its crisis is caused by excessive ideologization, dogmatism, one-sided representation of historical events. The article analyzes some aspects of Soviet school history textbooks on the domestic history of the 20th century.

The Soviet Approach to the Right of Peoples to Self-determination: Russia’s Farewell to jus publicum europaeum

2017 ◽  
Vol 19 (2) ◽  
pp. 200-218 ◽  
Author(s):  
Lauri Mälksoo
Keyword(s):  
International Law ◽  
20Th Century ◽  
Theory And Practice ◽  
Self Determination ◽  
The West ◽  
The Real ◽  
Liberal Democratic ◽  
History Of ◽  
History Of International Law ◽  
The Right

The aim of this article is to explore the theory and practice of the Soviet position on the right of peoples to self-determination in 1917 and afterwards. It is a misunderstanding to mention Lenin’s (the Bolsheviks’) and Wilson’s concepts of self-determination in one breath, as ‘precursors’ in international law. The Soviet concept of the right of peoples to self-determination was adopted for tactical and propagandistic purposes, and it had little in common with the liberal democratic concept of this right that saw the right of peoples to self-determination as an end in itself. The real contribution of the Russian Bolsheviks to the history of international law has, to some extent, been overlooked. Throughout the 20th century, the West and the ussr had different regional standards and usages of the right of peoples to self-determination, thus presenting a continuous challenge to the idea of the universality of international law.

Echinococcus species in African wildlife

Parasitology ◽  
2009 ◽  
Vol 136 (10) ◽  
pp. 1089-1095 ◽  
Author(s):  
M. HÜTTNER ◽  
T. ROMIG
Keyword(s):  
20Th Century ◽  
Cystic Echinococcosis ◽  
Life Cycles ◽  
Sub Saharan Africa ◽  
Zoonotic Potential ◽  
African Lion ◽  
History Of ◽  
Sub Saharan ◽  
Shed Light ◽  
Infection Experiments

SUMMARYCystic echinococcosis, caused by different species of the Echinococcus granulosus complex, is an important zoonotic disease with a particular impact on pastoralist societies. In addition to the widespread taxa with synanthropic transmission, a number of Echinococcus species were described from African wild carnivores early in the 20th century. For lack of study material, most of these were later tentatively synonymized with E. granulosus. Early infection experiments with wildlife isolates gave ambiguous results due to the use of unspecified parasite material, and only recently molecular methods provided the opportunity to shed light on the confusing scenery e.g. by characterizing E. felidis from the African lion. Here we will summarize the convoluted history of Echinococcus research in sub-Saharan Africa and highlight the necessity of molecular surveys to establish the life cycles and estimate the zoonotic potential of these parasites.

scholarly journals Heritage and history of the marble industry in Alentejo (Portugal)

Revista CPC ◽  
2020 ◽  
Vol 15 (29) ◽  
pp. 235-248
Author(s):  
Clara Moura Soares ◽  
Rute Massano Rodrigues ◽  
Carlos Filipe
Keyword(s):  
Regional Development ◽  
20Th Century ◽  
Economic History ◽  
Cultural Tourism ◽  
History Of ◽  
History Of Law ◽  
Two Phases ◽  
Artistic Heritage ◽  
Ways Of Life ◽  
Marble Industry

The Heritage and History of the Marble Industry project (PHIM), based on interdisciplinary principles and practices, highlights the importance of the Portuguese marbles of Alentejo Anticline in a context of patrimonial and cultural valuation of a region where the ornamental rock industry defines landscapes, shapes the economy, and defines ways of life. Knowledge coming from scientific research is being disseminated through various platforms and audiences, contributing to regional development and providing solid contents for industrial and cultural tourism of quality. After two phases of the project that allowed to achieve broad knowledge about the application of the Alentejo marbles in the artistic heritage, the 3rd phase serves to expand the chronology under study (from Roman times to the 20th century) and to allow for new interdisciplinary perspectives, with the cooperation of History of Law and Economic History.

scholarly journals Theoretical Generalizations in Epidemiology: from History to the Present

2018 ◽  
Vol 17 (5) ◽  
pp. 5-16
Author(s):  
N. I. Briko
Keyword(s):  
Public Health ◽  
Human Health ◽  
History Of Science ◽  
20Th Century ◽  
Middle Ages ◽  
Population Level ◽  
Theory And Practice ◽  
Modern Period ◽  
History Of ◽  
The Subject

The article presents an analysis of theoretical generalizations in epidemiologists at all stages of its development and development. It is shown that the components that make up the content of the subject of epidemiology have evolved in the understanding of their essence, in particular, causality, the mechanism of development and epidemiological manifestations. Representations and terminology about the content and essence of the subject have changed: from the epidemic, to the epidemic process, and, finally, to the population level of organization of pathology and human health (morbidity and public health). The greatest scientific discussions and intellectual struggle of opinions passed through the whole history of science. The concepts that prevailed in the ancient world, the Middle Ages, in the 20th century and theoretical generalizations in epidemiology of the modern period are presented. Problems were revealed and directions for further research in the field of theory and practice of epidemiology were suggested.

scholarly journals Hvad var dannelse?

2018 ◽  
Vol 6 (2) ◽  
pp. 95
Author(s):  
Per Jepsen
Keyword(s):  
Classical Tradition ◽  
20Th Century ◽  
19Th Century ◽  
Final Section ◽  
Theory And Practice ◽  
Western World ◽  
World War ◽  
Educational Climate ◽  
History Of

The article reconstructs the history of the concept of “Bildung” from its origin in the philosophy of Enlightenment to the crisis of education in the middle of the 20th century. After a presentation of the rise of the concept in the 18th and 19th century (Kant, Humboldt), the article discusses Horkheimer and Adornos critique of the classical tradition of Bildung and their diagnosis of the intellectual and educational climate in Th e Western World after the 2nd World War. Following this it presents the even more pessimistic view of the Austrian philosopher Konrad Paul Liessmann, who in his book Theorie der Unbildung from 2008 claims that the concept of “Bildung” today has no longer any normative impact on the theory and practice of education. In the final section I second this view by claiming that the tradition of Bildung is now closed: What is left of it is its history.

scholarly journals TWAIL and the “Unwilling or Unable” Doctrine: Continuities and Ruptures

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 266-270 ◽  
Author(s):  
Ntina Tzouvala
Keyword(s):  
International Law ◽  
Third World ◽  
Legal Theory ◽  
Use Of Force ◽  
Theory And Practice ◽  
History Of ◽  
Scope Of Application ◽  
Political Commitments ◽  
The Right ◽  
United Nations Charter

Given the long history of violent encounters between the Global North and the Global South, legal arguments concerning the use of force are a fertile ground for testing the virtues and limits of Third World Approaches to International Law (TWAIL) as a theory aspiring to “address the material and ethical concerns of Third World peoples.” This essay examines the usefulness and limits of TWAIL in the context of the “unwilling or unable” doctrine currently promoted by a series of Western scholars and states in order to expand the scope of application of the right to self-defence under Article 51 of the United Nations Charter. Adopting TWAIL’s impulse to historicize, this essay argues that the structure of this doctrine closely replicates the “standard of civilization” that informed international legal theory and practice throughout the nineteenth century. At the same time, widespread resistance to the “unwilling or unable” doctrine indicates that the profound transformation of international law on the use of force after 1945 and the diffusion of sovereignty outside the West put into question certain methodological and political commitments of TWAIL.

Part III Regimes and Doctrines, Ch.31 Theorizing International Organizations

2016 ◽  
Author(s):  
Klabbers Jan
Keyword(s):  
Global Health ◽  
International Organizations ◽  
Legal Theory ◽  
Atomic Energy ◽  
Theory And Practice ◽  
History Of ◽  
The Law

This chapter outlines a broad history of the development of thinking about the law of international organizations, with a focus on the legal theory of functionalism, as well as a discussion on the latter’s considerable strengths and weaknesses. Functionalism holds that states create international organizations to do things they are unable or reluctant to do on their own, yet consider inherently useful: organize postal relations, control the uses of atomic energy, regulate global health, etc. The chapter also includes a brief discussion of scholarship regarding international organizations in the broader academic landscape, with the concluding section hinting at a few challenges for both theory and practice.

Sign in / Sign up

Export Citation Format

Share Document