scholarly journals ZBRODNICZE ZAMIARY A ISTNIENIE OBRONY KONIECZNEJ W PRAWIE RZYMSKIM

2017 ◽  
Vol 5 (1) ◽  
pp. 69
Author(s):  
Elżbieta Loska
Keyword(s):  
The Self ◽  
Ancient Rome ◽  
Abnormal State ◽  
Subjective Element ◽  
Self Defence

C r i m i n a l In t e n t a n d t h e Ex i s t e n c e o f Se l f D e f e n c e i n t h e Ro m a n La wSummaryIn ancient Rome, initially the sanctions for a m urder applied to its perpetrator regardless his motives. The liability resulting from lex Cornelia was also based rather on the result, viz., the objective element of the act. This was true when the perpetrator’s act led to the victim’s death. In other situations provided for in the act, the perpetrator was punished only when the intent of com m itting a crime was shown. Carrying weapons was allowed only to defend oneself.In the Hadrian’s rescript issued in order to regulate a murder com m itted during an affray, the emperor ordered the judges to carefully examine the circumstances and severely punish the perpetrator but only when he acted w ith an intent of a murder. It resulted from the content of the rescript that a person who killed a man, could be released if he had not acted with an intent of committing a crime whereas a person who wounded in order to kill was to be punished as a murderer. The result of a crime was less significant than the intent.Caesar Hadrian, however, did not go into the processes undergoing in the perpetrator’ psyche that drove him to commit a crime. Therefore a new element was taken into account, namely impetus. It related to the crimes com m itted under emotions. A crime committed under impetus resulted from an uncontrolled impulse caused by an abnormal state of the perpetrator’s psyche. It seems possible to ascribe the actions taken as a self-defence to this group.The constitutions of the subsequent emperors also ordered the judges to take into account the attitude of the perpetrator in examining cases of a m urder. The releases from liability are usually connected with an objective element of a crime. In the ancient sources a different approach, which stresses the existence of the subjective element, may be also traced. Relating the self-defence release with the existence of the animus occidendi seems therefore justified.

A DOUBLE SERMOCINATIO AND A RESOLVED DILEMMA IN CICERO'S PRO PLANCIO

2014 ◽  
Vol 64 (1) ◽  
pp. 214-225 ◽  
Author(s):  
Luca Grillo
Keyword(s):  
Public Image ◽  
Final Part ◽  
Ancient Rome ◽  
Historical Contextualization ◽  
Self Defence ◽  
Imaginary Dialogue ◽  
Main Strategy

In the litigious world of ancient Rome patroni were often torn between conflicting bonds of loyalty, and this is the dilemma that Cicero laments in the exordium of the Pro Plancio (5). Both the prosecutor, Laterensis, and the accused, Plancius, were personal friends, and Cicero bemoans the quandary: either upsetting Laterensis by comparing him unfavourably with Plancius, or letting down his client. A second problem for Cicero was that the prosecution also took the opportunity to impugn him as the creature of Pompey and Caesar, so that Cicero had to defend himself as much as his client. Two examples of sermocinatio (an imaginary dialogue with a personified entity) helped him to face these challenges: these sermocinationes are Cicero's main strategy for getting out of the conundrum but, in spite of their relevance to his line of argument, they have received very little attention. In this article, after a brief historical contextualization, I analyse each sermocinatio, arguing that Cicero cunningly sets aside the dilemma of comparing two friends by constructing an alternative comparison between Laterensis and himself, and that such a comparison, which is highly selective, re-establishes his own positive public image. The two sermocinationes, moreover, also display some meaningful textual references which have remained unnoticed: in the final part of this paper I set them against the backdrop of Plato's Crito and of Cicero's letter to Lentulus (Fam. 1.9), arguing that the reference to the Crito supports Cicero's strategy of contrasting himself with Laterensis and that comparison with Fam. 1.9 illuminates the connection between the Pro Plancio and Cicero's broader post reditum self-defence.

Japan and the Revolution in Military Affairs

2018 ◽  
Vol 5 (2) ◽  
pp. 172-196
Author(s):  
Tom Le
Keyword(s):  
Armed Forces ◽  
The Self ◽  
The Us ◽  
The Future ◽  
Revolution In Military Affairs ◽  
The Usa ◽  
Self Defence ◽  
The Revolution

The Revolution in Military Affairs (RMA) has not only changed how the USA engages in warfare but also how it maintains its military supremacy and how other nations budget and strategize. The very idea of the RMA has impacted how nations manage their technological advantages and raises the questions of can the RMA be monopolized and if not, which nations can adopt their own RMA? In September 2000, the Japan Defence Agency (now the Ministry of Defence [MOD]) produced a report titled ‘“Info-RMA”: Study on Info-RMA and the Future of the Self-Defence Forces’ to explore the prospects of implementing RMA principles in the Japan Self-Defence Forces. In this article, I explore to what extent can RMA principles be implemented in the Self-Defence Forces? I argue that although several significant changes have been implemented in technology, doctrine, operations and organization, various normative and technical constraints have directed the MOD to craft an RMA with Japanese characteristics, emphasizing defence and interconnectedness with the US armed forces. These findings suggest that current efforts to ‘normalize’ the Self-Defence Forces can succeed if crafted to appeal to the sensibilities of the Japanese public.

Japan's Politics: Crossing the Rubicon

2016 ◽  
Vol 08 (01) ◽  
pp. 71-78
Author(s):  
Peng Er LAM
Keyword(s):  
United Nations ◽  
Normal State ◽  
Third Parties ◽  
The Self ◽  
International Affairs ◽  
Collective Security ◽  
Self Defence

In 2015, an unprecedented set of security bills was passed in Japanese parliament, permitting Tokyo to engage in collective security by aiding allies against third parties and to loosen the tight restrictions on the Self-Defence Force in United Nations Peace Keeping Operations, its rules of engagement and other multilateral deployment abroad. With these bills, Japan has crossed the Rubicon and evolved into a “normal” state in international affairs.

From Knives to Kites: Developments and Dilemmas around the Use of Force in the Israeli–Palestinian Conflict since ‘Protective Edge’

2019 ◽  
Vol 10 (2) ◽  
pp. 303-336 ◽  
Author(s):  
Hilly Moodrick-Even Khen
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Use Of Force ◽  
Legal Regulation ◽  
The Self ◽  
Military Operations ◽  
Legal Questions ◽  
The Law ◽  
Israeli Occupation ◽  
Self Defence

This article analyses the legal regulation of the use of force in international law in the context of three emerging Palestinian forms of struggle against Israeli occupation: the Knife Intifada, the disturbances at the border, and the launching of incendiary kites. It discusses what legal paradigms or concepts should regulate the type and level of force used in each situation – a question that is complicated by various dilemmas – and finally, appraises the Israel Defence Forces policies tailored in response. The article evaluates the applicability of two legal paradigms regulating the use of force in military operations – (i) the conduct of hostilities and (ii) law enforcement – as well as the concept of personal self-defence in international law and the escalation of force procedure. While the Knife Intifada clearly falls under the law enforcement paradigm, the disturbances at the border and the launching of incendiary kites raise more difficult legal questions. Categorising them under a paradigm of law enforcement is less straightforward, and may have undesirable ramifications for safeguarding humanitarian interests. The article argues that the use of force in the disturbances at the border and the incendiary kites cases should be regulated by the concept of self-defence and escalation of force procedure, and that the application of the self-defence concept should be adapted, mutatis mutandis, to situations of law enforcement and to situations of hostilities.

scholarly journals Apoptosis-like death as a feature of malaria infection in mosquitoes

Parasitology ◽  
2006 ◽  
Vol 132 (S1) ◽  
pp. S33-S47 ◽  
Author(s):  
H. HURD ◽  
K. M. GRANT ◽  
S. C. ARAMBAGE
Keyword(s):  
Malaria Infection ◽  
Egg Production ◽  
Cysteine Proteases ◽  
The Self ◽  
Apoptosis Induction ◽  
Mosquito Vectors ◽  
Defence Mechanisms ◽  
Gut Epithelium ◽  
Subsequent Loss ◽  
Self Defence

Malaria parasites of the genusPlasmodiummake a hazardous journey through their mosquito vectors. The majority die in the process, many as a result of the action of mosquito defence mechanisms. The mosquito too is not unscathed by the encounter with these parasites. Tissue damage occurs as a result of mid-gut invasion and reproductive fitness is lost when many developing ovarian follicles are resorbed. Here we discuss some of the mechanisms that are involved in killing the parasite and in the self-defence mechanisms employed by the mosquito to repair the mid-gut epithelium and to manipulate resources altering the trade-off position that balances reproduction and survival. In all cases, cells die by apoptotic-like mechanisms. In the midgut cells, apoptosis-induction pathways are being elucidated, the molecules involved in apoptosis are being recognised andDrosophilahomologues sought. The death of ookinetes in the mosquito mid-gut lumen is associated with caspase-like activity and, although homologues of mammalian caspases are not present in the malaria genome, other cysteine proteases that are potential candidates have been discussed. In the ovary, apoptosis of patches of follicular epithelial cells is followed by resorption of the developing follicle and a subsequent loss of egg production in that follicle.

Irony and Purity: Mishima

1996 ◽  
Vol 30 (3) ◽  
pp. 651-679
Author(s):  
Peter Abelsen
Keyword(s):  
The Self ◽  
Extreme Right ◽  
Knowing That ◽  
Mishima Yukio ◽  
Adjoining Room ◽  
The Military ◽  
Self Defence

Tokyo: 25 November 1970, midday. The parade ground of the Self Defence Force's Ichigaya garrison was crowded with personnel. All looked up at the balcony of the main hall, knowing that in the adjoining room the commandant had been taken hostage. On the parapet of the balcony stood one captor, dressed in a brown uniform and donning a headband with an ancient samurai motto, shichishōhōkoku (‘serve the nation for seven lives’). He was Mishima Yukio, the famous writer and founder of a militia named Tatenokai (Shield Society). Hardly able to make himself heard through the wail of sirens and the jeers from the crowd, Mishima held a speech in which he called the constitutional curtailment of the military a threat to Japan's culture. Nothing new, as he had been flirting openly with the extreme right for years. His plea to the men below to follow him in a revolt was greeted with howls of derision.

The Humbling of ‘High Presumption’: Tobias Crisp Dismantles the Puritan Ordo Salutis

2005 ◽  
Vol 56 (1) ◽  
pp. 50-74 ◽  
Author(s):  
DAVID PARNHAM
Keyword(s):  
The Self ◽  
Ordo Salutis ◽  
Self Defence

Tobias Crisp presented a sophisticated, if highly tendentious, critique of the Puritan way to salvation. Having taken the view that the Puritan ordo salutis required of its practitioners a works-based devotion that sprang from a principal commitment to ‘law’ rather than ‘grace’, Crisp attacked both the theological and pastoral shortcomings of Puritanism. He then proceeded to develop a counter-theology of his own that promised a pastoral direction very different from that presided over by Puritan divines. This article addresses these dimensions of Crisp's discourse, and also assesses the self-defence mounted by Puritan respondents to Crisp.

The Gospel According to Hanoch

1988 ◽  
Vol 13 (2) ◽  
pp. 146-154
Author(s):  
Shimon Levy
Keyword(s):  
Short Stories ◽  
The Self ◽  
Israeli Society ◽  
Ancient Rome ◽  
Memento Mori ◽  
Commercial Success ◽  
Genesis 22 ◽  
Six Day War

Hanoch Levin, born 1943, is one of Israel's best known and most widely performed playwrights, and the author of some 20 strikingly morbid plays (as well as numerous short stories and many beautiful lyrics). Levin's drama has proved to be both an artistic and a commercial success. His political cabaret shows You, I and the Next War (1968) and Queen of the Bathtub (1970), ridiculed the self-righteous complacency of Israeli society after the overwhelming victory of the Six Day War in 1967. Levin, like the slave in triumphal processions of ancient Rome, stood behind hubrisridden Israel, whispering ‘memento mori’, and so, quite naturally, caused a local scandal. Levin mocks highly esteemed army generals, and he uses (or abuses) the sacred myth of the Akeda, the binding of Isaac, when he is about to be offered as a sacrifice by Abraham (Genesis 22): ‘Dear father, when you stand by my grave … do not be too proud … and ask me to forgive you’, says dead Isaac, a ‘live’ metaphor for the blood spilt in vain, in Levin's sacrilegious version. The Israeli censor found it necessary to ban The Patriot (1983), a reaction to the stupidity and futility of the Lebanon War, until some modifications were entered.

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