scholarly journals As vertentes do Jusnaturalismo e a atualidade temática do Direito Natural

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Reis Friede
Keyword(s):  
Natural Law ◽  
Current Work ◽  
Positive Law ◽  
Current Usage ◽  
Long Time ◽  
The Subject ◽  
Historical Controversies

RESUMOO debate que envolve o Jusnaturalismo e o Juspositivismo tem inspirado as reflexões de juristas e filósofos. Muito embora se possa afirmar que grande parte das históricas controvérsias associadas ao confronto entre o Direito Positivo e o Direito Natural já tenham sido superadas, subsistem inúmeros aspectos que merecem uma dedicação acadêmica. Não obstante opiniões divergentes, as quais pugnam pelo enfraquecimento teórico do assunto, o passar dos séculos demonstra justamente o contrário, posto não ter conseguido eliminar a estima dos pensadores pela temática ora desenvolvida. Deste modo, o presente artigo discorre sobre as diversas vertentes históricas (Cosmológica, Teológica e Racional) do Jusnaturalismo, analisando, ainda, a atualidade temática do Direito Natural.PALAVRAS-CHAVETeoria do Direito. Direito Natural. Jusnaturalismo. Juspositivismo. ABSTRACTThe debate regarding Jusnaturalism and Juspositivism has been inspiring the reflections of jurists and philosophers for a long time. Although it may be affirmed that a great deal of the historical controversies associated to the confrontation between the Positive Law and Natural Law has already been overcome, there are numerous aspects which deserve an academic dedication. Notwithstanding divergent opinions, which struggle for the theoretical weakening of the subject, the passing of the centuries demonstrates precisely the opposite, given that it could not eliminate the esteem of the thinkers for the subject in discussion. Therefore, the current work analyses the characteristics of the various historical strands of Jusnaturalism (Cosmological, Theological and Rational), as well as the current usage of the Natural Law.KEYWORDSLegal theory. Natural Law. Jusnaturalism. Juspositivism.

scholarly journals The problem of certainty of legal cognition (in the context of the evolution of Nature Law)**

2020 ◽  
Vol 2020 (3) ◽  
pp. 26-32
Author(s):  
Dzhenevra Lukovskaya ◽  
Irina Lomakina
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
Classical Type ◽  
Positive Law ◽  
Modern Natural ◽  
Legal Communication ◽  
The Subject ◽  
Human Construction ◽  
Legal Understanding

The article deals with the problem of certainty of legal cognition in the context of the evolution of Natural Law. It is noted that the category of certainty was understood differently by representatives of various scientific schools and strands of theoretical framework idea. However, the classical doctrines were similar in the sense that certainty is necessary as the initial principle of cognition of legal reality, in contrast to the relativistic post-classical theories, which took the diametrically opposite principle as a methodological basis, namely «uncertainty». The article actualizes the understanding that Nature Law as a classical type of legal understanding has an internal logic of development. It is noted that modern theories of «Resurgence of Natural Law» generally remain within the framework of natural law concepts, but still overcome the dualism and parallelism of the systems of natural and positive law. In ontology, the modern Natural Law recognizes the human construction of law, the participation of the subject in the constant reproduction of legal reality; in epistemology, it recognizes the inclusion of the subject in the process of cognition, the rejection of the absolutization of the «legislative» mind and the transition to an interpretive «communicative» mind; in axiology, it defends socio – cultural concretization, including in the current legal system. The authors actualize the idea of intersubjectivity of law as integrating various aspects of legal cognition and the operation of law, focusing on identifying the meaning of law not from the point of view of one – dimensional monosubjectivity (individual or homogeneous society), but in dialogical (polylogical) intersubjectivity - in the interaction of subjects of legal communication. Recognition of the dynamism of law, the actualization of law in law enforcement activities problematizes the idea of certainty in law, but on a new, human-centered methodological and theoretical basis.

Public Law as Political Jurisprudence

2018 ◽  
Author(s):  
Martin Loughlin
Keyword(s):  
Natural Law ◽  
Public Law ◽  
Modern Concept ◽  
Main Theme ◽  
Sovereign State ◽  
Positive Law ◽  
Modern Idea ◽  
The Subject ◽  
Type Of Exercise

The main theme of this chapter is to suggest that the nature of public law is best explained by examining the conditions of its formation. This type of exercise reveals that public law is a modern concept which is formed by reworking the medieval idea of natural law in the context of the emergence of the modern idea of the sovereign state. In this chapter, the nature of the subject is explored through analysis of the writings of Bodin, Pufendorf, and Rousseau. The objective is to show not only that public law is a broader concept than positive law but that it also has an ambiguous character. These ambiguities permeate modern public law thought and leave it with a polarized consciousness.

An Adaptive and Learning System for Feedback-Controlled Evoked Response Studies

1981 ◽  
Vol 20 (03) ◽  
pp. 169-173
Author(s):  
J. Wagner ◽  
G. Pfurtscheixer
Keyword(s):  
Brain Activity ◽  
Evoked Response ◽  
Learning System ◽  
Time Interval ◽  
Electrical Brain Activity ◽  
Long Time ◽  
The Subject ◽  
Eeg Power ◽  
Stimulation System ◽  
Background Eeg

The shape, latency and amplitude of changes in electrical brain activity related to a stimulus (Evoked Potential) depend both on the stimulus parameters and on the background EEG at the time of stimulation. An adaptive, learnable stimulation system is introduced, whereby the subject is stimulated (e.g. with light), whenever the EEG power is subthreshold and minimal. Additionally, the system is conceived in such a way that a certain number of stimuli could be given within a particular time interval. Related to this time criterion, the threshold specific for each subject is calculated at the beginning of the experiment (preprocessing) and adapted to the EEG power during the processing mode because of long-time fluctuations and trends in the EEG. The process of adaptation is directed by a table which contains the necessary correction numbers for the threshold. Experiences of the stimulation system are reflected in an automatic correction of this table. Because the corrected and improved table is stored after each experiment and is used as the starting table for the next experiment, the system >learns<. The system introduced here can be used both for evoked response studies and for alpha-feedback experiments.

The Phantom Defense: America's Pursuit of the Star Wars Illusion. By Craig Eisendrath, Melvin A. Goodman, and Gerald E. Marsh. Westport, CT: Praeger, 2001. 216p. $24.95. Ballistic Missile Defense and the Future of American Security: Agendas, Perceptions, Technology, and Policy. By Roger Handberg. Praeger, 2001. 264p. $62.00. Rockets' Red Glare: Missile Defenses and the Future of World Politics. Edited by James J. Wirtz and Jeffrey A. Larsen. Boulder, CO: Westview, 2001. 368p. $28.50.

2002 ◽  
Vol 96 (4) ◽  
pp. 879-880
Author(s):  
David Goldfischer
Keyword(s):  
World Politics ◽  
Ballistic Missile ◽  
Missile Defense ◽  
Star Wars ◽  
Technological Context ◽  
The Future ◽  
Ballistic Missile Defense ◽  
Long Time ◽  
Strategic Defense ◽  
The Subject

As Michael O'Hanlon concludes in his excellent contribution to Rockets' Red Glare: “We should…get used to the debate over ballistic missile defenses. It has been around a long time, and no final resolution is imminent” (p. 132). In one sense, a review of these three recent books makes clear that many analysts had grown a bit too used to positioning themselves in terms of the 1972 ABM Treaty. Preoccupied with arguments over whether the treaty should be preserved, modified, or rewritten in light of a changing strategic and technological context, no one seemed to have anticipated that President George W. Bush would simply withdraw from it, invoking Article XV's provision that either party could withdraw if “extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests.” Even many strategic defense supporters who deemed the treaty obsolete (as Robert Joseph persuasively maintains in his contribution to Rockets' Red Glare) generally believed that it should only—and would only—be scrapped if negotiations over U.S.-proposed changes broke down. (“The Bush Administration,” surmises O'Hanlon, “will surely try very hard to amend it before going to such an extreme”) (p. 112). In the event, the president's team disavowed even the word “negotiation,” saying they were willing only to “consult” the Russians regarding the treaty's impending demise.

How Far Scientific is Snakebite Prevention and First Aid Treatment in School Textbook?

2019 ◽  
Vol 31 (1) ◽  
pp. 39-40
Author(s):  
Faiha Fairouz ◽  
Rumana Rashid ◽  
Abdullah Abu Sayeed
Keyword(s):  
Health Problem ◽  
Rural Areas ◽  
Elementary Science ◽  
First Aid ◽  
Primary Treatment ◽  
National Guidelines ◽  
Long Time ◽  
Class Viii ◽  
The Subject ◽  
School Books

Background: Snakebite is an old health problem in rural areas. In Bangladesh, the snakebite issue is included in school syllabus, in curriculum since long time, so that people can take/get immediate first aid treatment and can prevent snakebite. The success of snakebite treatment depends more on providing first aid treatment immediately after snakebite by learning and by sending the patients quickly to hospital. Snakebite is a preventable health problem indeed. If it can be prevented the rate of snakebite will also decrease. In the recently published snake bite management Guideline by WHO it has been targeted to reduce 50% of mortality & disability due to snakebite by 2030.1 Methods: a. The snakebite topic or issue has been thoroughly reviewed in the secondary and higher secondary school books. b. National Guidelines on snakebite in providing/ giving first aid treatment has been reviewed.2 c. The correlation between the topic to learn the subject and the national guidelines have been reviewed and given taken into account. d. The similarity or correlation between the national guidelines and the topic in the prevention of snakebite in the book have been observed & reviewed. It was a descriptive/narrative research study. Results: In the book of class IV in Primary and Secondary level students, ‘Elementary Science, (‘Prathomiik Bigghan’) page no. 86 and in book of class VIII Home Science (‘Gharjhastha Biggan’) page no. 16 the Snakebite issue/topic is mentioned.2,3 There are 22 information on the first aid/primary treatment of Snakebite among which 5 (five) are nonscientific rather harmful. (Table & Picture) Bangladesh J Medicine Jan 2020; 31(1) : 39-40

scholarly journals Human Rights and Human Nature

2016 ◽  
Vol 28 (4) ◽  
pp. 523-534
Author(s):  
Jean Rhéaume
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Natural Law ◽  
Historical Context ◽  
Human Being ◽  
Positive Law

At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.

Latins and Greeks in Debate over Purgatory, 1230–1439

1984 ◽  
Vol 35 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Robert Ombres
Keyword(s):  
Thirteenth Century ◽  
Long Time ◽  
The Subject ◽  
The Common ◽  
Common Agenda

By the 1230s Latins and Greeks were riot short of issues for debate or polemic, but the topic of purgatory did have a novel feel about it. The doctrine seems to emerge on the common agenda fairly suddenly, finding no place, for example, in the wide-ranging list of 104 points of divergence drawn up by the Byzantine prelate, Constantine Stilbès, in the wake of the cruel sack of Constantinople by the Latins in 1204. The subject did, however, establish itself as a hardy perennial, and it is proposed to trace its main ramifications up to the death of Emperor Michael viii in 1282, and then to concentrate on the Council of Ferrara–Florence (1438–9). Without a doubt the debates and the constant attempts at reunion were not conducted in isolation from wider cultural, political and military considerations, the kind of considerations that in 1400 would lead the Byzantine emperor to journey as far as England. But here the emphasis will fall on the theological aspects. Moreover, there were also in play forces of inertia, ignorance and mutual incomprehension difficult to assess rationally. The thirteenth-century friar, Humbert of Romans O.P., in discussing what would make for reunion with the Greeks noted how a schism might be continued simply because it had existed for a long time, just like the feud between Guelf and Ghibelline.

Again on relative clause and subordination in Latin

2014 ◽  
Vol 13 (1) ◽  
Author(s):  
Gualtiero Calboli
Keyword(s):  
Relative Clause ◽  
Syntactic Structure ◽  
Central Point ◽  
Relative Pronoun ◽  
Case Theory ◽  
Nominative Case ◽  
Subordinate Clauses ◽  
Long Time ◽  
The Subject ◽  
The Law

AbstractI started from the relative clause which occurs in Hittite, and in particular with the enclitic position of the relative pronoun. This is connected with the OV position and this position seems to have been prevailing in Hittite and PIE. The syntactic structure usually employed in Hittite between different clauses is the parataxis. Nevertheless, also the hypotaxis begins to be employed and the best occasion to use it was the diptych as suggested by Haudry, though he didn't consider the most natural and usual diptych: the law, where the crime and the sanction build a natural diptych already in old Hittite. Then I used Justus' and Boley's discussion on the structure of Hittite sentence and found a similarity with Latin, namely the use of an animate subject as central point of a sentence. With verbs of action in ancient languages the subject was normally an animate being, whereas also inanimate subject is employed in modern languages. This seems to be the major difference between ancient and modern structure of a sentence, or, better to say, in Hittite and PIE the subject was an animate being and this persisted a long time, and remained as a tendency in Latin, while in following languages and in classical grammar the subject became a simple nominal “entity” to be predicated and precised with verb and other linguistic instruments. A glance has been cast also to pronouns and particles (sometimes linked together) as instruments of linking nominal variants of coordinate or subordinate clauses and to the development of demonstrative/deictic pronouns. Also in ancient case theory a prevailing position was assured to the nominative case, the case of the subject.

MUSEUM OF ARCHEOLOGY AND ETHNOGRAPHY OF THE IEI UFRC RAS: CREATION AND DEVELOPMENT

2021 ◽  
Vol 0 (3) ◽  
pp. 103-112
Author(s):  
R.M. MUKHAMETZYANOVA-DUGGAL ◽  
◽  
D.A. KAMALETDINOV ◽  
Keyword(s):  
Twentieth Century ◽  
Significant Contribution ◽  
Southern Urals ◽  
Project Work ◽  
Ethnographic Research ◽  
Historical Science ◽  
The Southern Urals ◽  
Research Activities ◽  
Long Time ◽  
The Subject

The subject of the research is the experience of creating and functioning of the Museum of Archeology and Ethnography of the R.G. Kuzeev Institute of Ethnological Research of the UFRC RAS (MAE IEI UFRC RAS), which is an integral part of the academic museum network formed in the second half of the twentieth century. For a long time, the museum has been exhibiting objects that demonstrate the results of archaeological and ethnographic research in the field of studying the history and culture of the peoples of the Southern Urals. The purpose of this article is to provide a brief overview of the creation of the museum, to consider its development to date; to analyze the main directions of work and the results of museum activities, as well as to determine the specifics and prospects for the development of museum activities of the IEI of the UFRC RAS. In the course of the research, the names of scientists and specialists who participated in the formation of collections are named, information about the acquisition of museum funds and state accounting of objects is provided, the features of exposition activity are highlighted, the most interesting exhibitions and current work in this direction are noted, the implementation of excursion activities is shown, the results of project work are highlighted and the most significant projects are described. Attention is also paid to the results of research activities based on archaeological and ethnographic funds, since this work makes a significant contribution to the development of historical science.

ON THE THEORY OF SCHUMANN RESONANCES IN THE EARTH–IONOSPHERE CAVITY

1964 ◽  
Vol 42 (4) ◽  
pp. 575-582 ◽  
Author(s):  
James R. Wait
Keyword(s):  
Cavity Resonator ◽  
Current Work ◽  
Alternative Derivation ◽  
Schumann Resonances ◽  
The Earth ◽  
Cavity Resonances ◽  
Concentric Region ◽  
The Subject

The concept that the concentric region between the earth and the ionosphere acts as a cavity resonator was proposed by Schumann over a decade ago. It is the purpose of this paper to review the theory of these cavity resonances. Some of the assumptions used in current work on the subject are also discussed. An alternative derivation is presented which appears to be more general than any given heretofore.

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