scholarly journals Uncertain causation: two hunters dilemma

2020 ◽  
pp. 49-61
Author(s):  
Богдан Петрович Карнаух
Keyword(s):  
Burden Of Proof ◽  
General Rule ◽  
Tort Law ◽  
Point Of View ◽  
The Other ◽  
Vicious Circle ◽  
Common Denominator ◽  
The Supreme Court ◽  
The Common ◽  
Causal Nexus

According to the general principles of tort law, in order to succeed a plaintiff must prove causal nexus between the damage he or she sustained and the actions of a particular defendant. However, in some factual situations this task appears to be impossible, and the question arises whether the plaintiff should be left uncompensated or rather the general rule on proof of causation has to be relaxed. In a groundbreaking case Summers v. Tice (the facts of which are also known as ‘two hunters dilemma’), the Supreme Court of California favored the latter option. The Court shifted the burden of proof and decided that under these exceptional circumstances it is for each of the defendants to absolve himself from liability by providing evidence that he could not had caused the damage. The conclusion of the Court does not cause any doubts. However scholars dispute over the exact explanation of that conclusion, because it is the explanation that is crucial for future similar cases.The circumstances of the Summers case are thoroughly analyzed by many writers. Some suggest that even the number of defendants matters (supposing thus, that if there were three of them the court would not have reached the same conclusion). On the other hand, the character of their activity is underlined. The proponents of this point of view focus on the fact that the members of hunting party can coordinate their actions and it is this opportunity of coordination that justifies the burden shifting. The common denominator for numerous authors is spotlighting the fact that both hunters are at fault for causing the uncertainty, even though one of them might not be at fault for causing damage. However, in some other situation the uncertainty could have been caused without their fault. The author doubts if in the latter case the defendants should escape liability.The author offers the following explanation of the two hunters dilemma. Whenever it has been proven that defendants acted negligently subjecting the plaintiff to a certain type of risk and it has been proven that one of them did actually caused plaintiff’s damage, neither of the defendants can absolve himself from liability merely relying on the fact that the damage may have been caused by the other defendant. Otherwise the vicious circle will arise.

O ENSINO RELIGIOSO EM QUESTÃO

2018 ◽  
Vol 9 (21) ◽  
pp. 459
Author(s):  
Mauro Rocha Baptista
Keyword(s):  
Supreme Court ◽  
Religious Education ◽  
Common Core ◽  
Historical Perspective ◽  
National Curriculum ◽  
The Other ◽  
Federal Constitution ◽  
The Supreme Court ◽  
The Common

Neste artigo analisamos a relação do Ensino Religioso com a sua evolução ao longo do contexto recente do Brasil para compreender a posição do Supremo Tribunal Federal ao considerar a possibilidade do Ensino Religioso confessional. Inicialmente apresentaremos a perspectiva legislativa criada com a constituição de 1988 e seus desdobramentos nas indicações curriculares. Neste contexto é frisado a intenção de incluir o Ensino Religioso na Base Nacional Curricular Comum, o que acabou não acontecendo. A tendência manifesta nas duas primeiras versões da BNCC era de um Ensino Religioso não-confessional. Uma tendência que demarcava a função do Ensino Religioso em debater a religião, mas que não permitia o direcionamento por uma vertente religioso qualquer. Esta posição se mostrava uma evolução da primeira perspectiva histórica mais associada à catequese confessional. Assim como também ultrapassava a interpretação posterior de um ecumenismo interconfessional, que mantinha a superioridade do cristianismo ante as demais religiões. Sendo assim, neste artigo, adotaremos o argumento de que a decisão do STF, de seis votos contra cinco, acaba retrocedendo ante o que nos parecia um caminho muito mais frutífero.Palavras-chave: Ensino Religioso. Supremo Tribunal Federal. Confessional. Interconfessional. Não-confessional.Abstract: On this article, we analyze the relation between Religious education and its evolution along the currently Brazilian context in order to understand the position of the Supreme Court in considering the possibility of a confessional Religious education. Firstly, we are going to present the legislative perspective created with the 1988 Federal Constitution and its impacts in the curricular lines. On this context it was highlighted the intention to include the Religious Education on the Common Core National Curriculum (CCNC), which did not really happened. The tendency manifested in the first two versions of the CCNC was of a non-confessional Religious Education. A tendency that delineated the function of the Religious Education as debating religion, but not giving direction on any religious side. This position was an evolution of the first historical perspective more associated to the confessional catechesis. It also went beyond the former interpretation of an inter-confessional ecumenism, which kept the superiority of the Christianity over the other religions. As such, in this paper we adopt the argument that the decision of the Supreme Court, of six votes against five, is a reversal of what seemed to be a much more productive path on the Religious Education.Keywords: Religious Education. Brazilian Supreme Court. Confessional. Inter-confessional. Non- confessional.Enviado: 23-01-2018 - Aprovado e publicado: 12-2018

The Problem of the Typology of Rationality in Muslim Culture

2019 ◽  
Vol 62 (6) ◽  
pp. 88-99
Author(s):  
Andrey A. Lukashev
Keyword(s):  
Modern Philosophy ◽  
Theoretical Basis ◽  
Theoretical Models ◽  
The Other ◽  
Common Denominator ◽  
Islamic Culture ◽  
The Common ◽  
Per Se ◽  
The One ◽  
Muslim Culture

The typology of rationality is one of major issues of modern philosophy. In an attempt to provide a typology to Oriental materials, a researcher faces additional problems. The diversity of the Orient as such poses a major challenge. When we say “Oriental,” we mean several cultures for which we cannot find a common denominator. The concept of “Orient” involves Arabic, Indian, Chinese, Turkish and other cultures, and the only thing they share is that they are “non-Western.” Moreover, even if we focus just on Islamic culture and look into rationality in this context, we have to deal with a conglomerate of various trends, which does not let us define, with full confidence, a common theoretical basis and treat them as a unity. Nevertheless, we have to go on trying to find common directions in thought development, so as to draw conclusions about types of rationality possible in Islamic culture. A basis for such a typology of rationality in the context of the Islamic world was recently suggested in A.V. Smirnov’s logic of sense theory. However, actual empiric material cannot always fit theoretical models, and the cases that do not fit the common scheme are interesting per se. On the one hand, examination of such cases gives an opportunity to specify certain provisions of the theory and, on the other hand, to define the limits of its applicability.

scholarly journals TRANSFER OF JURISDICTION AND THE BEST INTERESTS OF THE CHILD

2016 ◽  
Vol 75 (3) ◽  
pp. 471-474
Author(s):  
Katarina Trimmings
Keyword(s):  
Member State ◽  
General Rule ◽  
Supreme Court Decision ◽  
The Other ◽  
Court Decision ◽  
Best Interests ◽  
Parental Responsibility ◽  
Habitual Residence ◽  
The Supreme Court ◽  
Jurisdiction Rule

ARTICLE 8 of the Brussels IIa Regulation sets out the general rule regarding jurisdiction in intra-EU parental responsibility cases, namely that jurisdiction lies with the courts of the Member State of the habitual residence of the child. However, exceptionally, the court that has been seised of a case pursuant to Article 8 may not be the best placed to hear the case. To cater for such situations, the Regulation contains an innovative rule according to which a court that is seised of a case, and has jurisdiction on the substance, can transfer the case to a court of another Member State, if the latter is “better placed” to hear the case, and if the transfer is in the best interests of the child. Additionally, the transfer is subject to the condition that there is a “particular connection” between the child and the other Member State (e.g. the child is a national of that Member State). The “transfer of jurisdiction” rule, which is embodied in Article 15 of the Regulation, is at the heart of the Supreme Court decision in Re N (Children) (Adoption: Jurisdiction) (AIRE Centre and others intervening) [2016] UKSC 15; [2016] 2 W.L.R. 1103.

scholarly journals Concluding lecture

1959 ◽  
Vol 9 ◽  
pp. 398-401
Author(s):  
H. C. Van De Hulst
Keyword(s):  
Solar System ◽  
Galactic Structure ◽  
The Other ◽  
Common Denominator ◽  
The Common

This session contained all the papers that did not fit very well in the other sessions, i.e., those papers dealing neither with the solar system nor directly with problems of galactic structure nor with the faint sources and their statistics. This negative criterion has led to a variety of contributions, the common denominator of which is that we try to find out as much as we can about everything. I shall try to summarize the main points and add my own comments.

Becoming Roman, staying Greek: Culture, identity and the civilizing process in the Roman East

1994 ◽  
Vol 40 ◽  
pp. 116-143 ◽  
Author(s):  
Greg Woolf
Keyword(s):  
General Rule ◽  
The Other ◽  
Roman Law ◽  
Cultural Assimilation ◽  
Regional Trade ◽  
Greek Culture ◽  
Civilizing Process ◽  
The Common ◽  
Greek East ◽  
The One

The nature, and indeed the reality, of Romanization in the east is controversial. One of the most influential accounts of Romanization in the western provinces notes that ‘by contrast, where Greek was already the language of culture, of government and of inter-regional trade, the Romans carried further the process of Hellenization … in general what was specifically Latin in the common civilization of the empire made little impact in the east’, the exceptions being the influence of Roman law and the popularity of gladiatorial games. That verdict endorsed the view that ‘the emperors made no attempt to romanise the Greek speaking provinces’, which saw the foundation of cities as a continuance of Hellenistic royal practice, and which regarded the establishment of the rare eastern colonies as motivated by practical considerations rather than any attempt at encouraging cultural assimilation. More recently, a fuller survey of exceptions to this general rule nevertheless concluded that ‘On the one hand, the culture and identity of the Greek east remained fundamentally rooted in the Classical past. On the other hand, the visible presence of Rome, outside those zones where the legions were stationed, was extremely slight.’

scholarly journals About Nusantara Architecture: a Matter of Either-or or Both-and toward Place for Better Living in the Humid Tropic

2016 ◽  
Author(s):  
Joseph Prijotomo
Keyword(s):  
Point Of View ◽  
Climate System ◽  
The Other ◽  
The West ◽  
Four Seasons ◽  
Tropical Areas ◽  
The Common ◽  
The Times ◽  
Natural Climate ◽  
Modern Era

<p>‘Space’ and ‘Better living’ are continuing issues and discourse in architecture. It covers as large as philosophical to practical ones. We may find, for instance, issues in space as one of construction of mind in one extreme, and space as one of volume in certain magnitude at its other extreme. In terms of better living we may also find similar extremes. We may also find that since the times of modern era, space is practically considered as volume of certain magnitude, as is exemplified in a number of standards of areas needed for particular activity;<br />while in terms of better living the focus is in comfort that should be provided in particular room. Unfortunately, we –the Indonesians-- hardly aware and realize that they are not only of western sources, but more importantly, of western mindset. Since they are beautifully and neatly concealed under one objectivity of mind and reason, science, most of us know and accept them as the objective and correct standards. The fact that the West (ie. Europe and North America) are region with four seasons climate system has unavoidably underlies the building of those standards and knowledge. Indonesia and other tropical areas of the world is not region in such a four seasons climate system; it is in a two seasons climate system. This two climate seasons is not simply a variant of climate system; it is of ‘the other’ climate system, as will be demonstrated in this paper. Hence, we may consider this paper as talking about space for better living’ from the point of view of climate system.</p><p>The clock remains ticking, While the ideals of having architecture that serves better living is always at hand, we are confronted with the question whose living: the wealthy few or every single people, the elite or the common and the elite people. To the four season climate system, living with artificial climate is not incorrect; even the attitude of taking aside the climate is understandable. To the two season climate system, living with natural climate is also not incorrect; and the attitude of optimizing the natural climate is understandable. These two climate system is fundamentally different, and it must be a fatal mistake and fundamental incorrectness to deal with one as a variant of the other. The fact that our knowledge in two season climate system is very poor, that does not mean that this system be discarded.</p><p>The call for architecture for better living is demanding a definite respond: a denial (and ultimately, elimination) of two season climate system, or an equal, yet distinct, both two and four season climate system. The former is quite easy while the latter requires hard work. The former will make architecture in Indonesia serves the wealthy few, while the latter will serves the whole people of Indonesia.</p>

scholarly journals TEORI THE SPREAD OF ISNAD (Telaah Atas Pemikiran Michael Allan Cook)

2017 ◽  
Vol 16 (2) ◽  
pp. 223
Author(s):  
Imam Sahal Ramdhani
Keyword(s):  
Point Of View ◽  
The Other ◽  
Link Theory ◽  
Engineering Work ◽  
The Common

erchange-newline"> It is closely related to “Common Link” phenomenon whom plenty of West Scholar on Hadith dealing their researches on it. By looking at thisphenomenon, this paper is trying to review Cook’s idea about common linkand the process of theory the spread of isna>d ‘s aplication in conceivingthe common link phenomenon. Based on this research, we understand thatCook brought a different point of view to the Common Link phenomenonwhich is poured forth on his critics to the Schachtian’s theory. For Cook,there are two essential points related to Common Link. First, Common Linkcan’t be justifid as a hadith counterfeiter. It is because Common Link tosome exctent is an engineering-work from the other narrator (periwayat).Second, Common Link can’t be a basic of hadith’s dating. Then, Cook’spoint of view pulled down Commen Link theory.

scholarly journals Employment Relationships in Dairy Farming - Psychological Contracts Reconsidered

1970 ◽  
Author(s):  
Rupert Tipples ◽  
Nona Verwood
Keyword(s):  
Structural Changes ◽  
Dairy Farming ◽  
Psychological Contracts ◽  
The Self ◽  
The Other ◽  
Common Denominator ◽  
Employment Relationships ◽  
Widespread Adoption ◽  
The Common

The essence of psychological contracting (in the contest of employment) is meeting mutual expectations. The common denominator between legal contracting and psychological contracting is that both are designed to express expectations of the self and of the other. Legal expectations lead to outcomes that are observable, measureable and usually quantifiable. Psychological expectations are usually invisible but nonetheless very real.This paper expresses the need for greater attentions to psychological contracting in a dairy sector going through substantial structural changes involving the replacement of self-employed farmers by hired managers and contract milkers and the widespread adoption of once-a-day milking.

Sudden Infant Death Syndrome and Child Abuse

PEDIATRICS ◽  
1973 ◽  
Vol 52 (1) ◽  
pp. 147-147
Author(s):  
John F. Hick
Keyword(s):  
Child Abuse ◽  
Sudden Infant Death Syndrome ◽  
Infant Death ◽  
Sudden Infant Death ◽  
The Other ◽  
Sudden Infant ◽  
Common Denominator ◽  
Prolonged Apnea ◽  
The Common ◽  
Family Chronicle

In reporting two siblings who succumbed to "sudden infant death syndrome," Steinschneider exposes an unparalleled family chronicle of infant death.1 Of five children, four died in early infancy and the other died without explanation at age 28 months. Prolonged apnea is proposed as the common denominator in the deaths, yet the author leaves many questions relevant to the fate of these children unanswered. Apnea of greater than 15 seconds has been well documented for the two siblings studied.

Sudden Infant Death Syndrome and Child Abuse

PEDIATRICS ◽  
1994 ◽  
Vol 93 (6) ◽  
pp. 944-944
Author(s):  
J. F. Hick
Keyword(s):  
Child Abuse ◽  
Sudden Infant Death Syndrome ◽  
Infant Death ◽  
Sudden Infant Death ◽  
The Other ◽  
Sudden Infant ◽  
Common Denominator ◽  
Prolonged Apnea ◽  
The Common ◽  
Family Chronicle

In reporting two siblings who succumbed to "sudden infant death syndrome," Steinschneider exposes an unparalleled family chronicle of infant death.1 Of five children, four died in early infancy and the other died without explanation at age 28 months. Prolonged apnea is proposed as the common denominator in the deaths, yet the author leaves many questions relevant to the fate of these children unanswered.

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