scholarly journals The semantics of governance: The common thread running through corporate, public, and global governance

2006 ◽  
Vol 3 (2) ◽  
pp. 45-53 ◽  
Author(s):  
Rodolfo Apreda
Keyword(s):  
Global Governance ◽  
Voting Rights ◽  
Point Of View ◽  
Levels Of Analysis ◽  
Public Governance ◽  
Good Practices ◽  
The Third ◽  
Common Thread ◽  
The Subject ◽  
The Common

This paper argues that the semantics of governance illustrates connections and provides a unifying view from which to understand much better its natural branches: corporate, public and global governance. In this regard, governance is presented from the point of view of a distinctive field of learning and practice. Three levels of analysis are carried out to drive the subject home. The first one highlights the scope of corporate governance within an institutional framework. The second frames the notion of public governance, giving heed not only to the linkage among constituents, charters, representation and the fiduciary role, but also problems raised by accountability, voting rights, and the codes of good practices. The third level leads to the semantics of global governance

Latviešu metālmūzikas albumu nosaukumi

2021 ◽  
pp. 361-369
Author(s):  
Ingars Gusāns
Keyword(s):  
Current Situation ◽  
Creative Work ◽  
Distinctive Character ◽  
Literary Works ◽  
The Third ◽  
Metal Music ◽  
Local Character ◽  
The Subject ◽  
The Common

The aim of the study is to describe the titles of Latvian metal music albums, from the perspective of content, by identifying the common and distinctive character of the metallic music tradition, and perhaps even the local one. Of 241 album titles (data on Dec. 31, 2019), most are in English, some in French, Latin, Russian, some consisting of digits, and 69 titles in Latvian. These titles are the subject of the research. The main source is Encyclopaedia Metallum (www.metal-archives.com), which still does not reflect the current situation concerning Latvian metal music. Album titles in this study are viewed separately from album designs and song titles and are analysed from the perspective of content. The album title is an important part of the work that has been issued because it is an element that makes the audience/buyer pay attention to the album because it must not be forgotten that today the album is also an item that you want to sell. In general, it can be concluded that Latvian metal musicians, with their album titles in Latvian, are mostly following world trends, as evidenced by the integration in the researcher Deena Weinstein’s classification of Dionysian discourse and discourse on chaos. Most titles are more relevant to the discourse on chaos because the thematic circle of chaos is wider. Latvian mythology, along with history, is an up-to-date source for the creative work of bands that is responsible for the local feeling of the titles. A large enough number are titles that are difficult to fit in the Weinstein’s division and form the third group with philosophical titles and simply all sorts of titles. If the philosophical titles follow the world’s trends, the simple titles include the names of the events, tributes, and the titles of literary works, which give them a local character.

scholarly journals AN ERROR ANALYSIS OF ARGUMENTATIVE ESSAY (CASE STUDY AT UNIVERSITY MUHAMMADIYAH OF METRO)

2015 ◽  
Vol 2 (2) ◽  
Author(s):  
Fenny - Thresia
Keyword(s):  
Data Analysis ◽  
Error Analysis ◽  
English Writing ◽  
The Third ◽  
The Subject ◽  
The Common ◽  
Learner Language

The purpose of this study was study analyze the students’ error in writing argumentative essay. The researcher focuses on errors of verb, concord and learner language. This study took 20 students as the subject of research from the third semester. The data took from observation and documentation. Based on the result of the data analysis there are some errors still found on the student’s argumentative essay in English writing? The common errors which repeatedly appear are verb. The second is concord, and learner languages are the smallest error. From 20 samples that took, the frequency the errors of verb are 12 items (60%), concord are 8 items (40%), learner languages are 7 items (35%). As a result, verb has the biggest number of common errors.

scholarly journals The Forms of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Legal Interpretation ◽  
Scientific Methods ◽  
Theoretical Position ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Common

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.

7. Privity of contract and third party rights

2021 ◽  
pp. 307-358
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Common Law ◽  
Case Law ◽  
Contract Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Subject ◽  
The Common ◽  
Contractual Obligations ◽  
Privity Of Contract

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines privity of contract, its relationship with consideration, and the ability of third parties to enforce contractual provisions for their benefit. The doctrine of privity of contract provides that the benefits of a contract can be enjoyed only by the parties to that contract and only parties can suffer the burdens of the contract. At common law, third party beneficiaries could not enforce a contractual provision in their favour so various devices were employed seeking to avoid privity. Statute now allows for direct third party enforcement but in limited circumstances. This chapter examines the background to privity and the attempted statutory reform in the Contracts (Rights of Third Parties) Act 1999 as it has been interpreted in the case law. The chapter also discusses the common law means of avoiding privity as illustrated by the case law, e.g. agency, collateral contracts, and trusts of contractual obligations. Finally, it assesses the remedies available to the contracting party to recover on behalf of the third party beneficiary of the promise, including the narrow and broad grounds in Linden Gardens Trust. It concludes by briefly considering privity and burdens—and the exceptional situations where a burden can be imposed on a person who is not a party to the contract.

LEGAL AND TECHNICAL SUPPORT OF P. A. STOLYPIN'S AGRARIAN REFORM IN THE LEGISLATIVE ACTIVITY OF THE THIRD STATE DUMA

2020 ◽  
Vol 9 (3) ◽  
pp. 145-152
Author(s):  
E.N. SELYUTINA ◽  
◽  
V.A. KHOLODOV ◽  
Keyword(s):  
Agrarian Reform ◽  
Technical Support ◽  
Point Of View ◽  
The Third ◽  
Permanent Improvement ◽  
The Subject ◽  
Legislative Activity ◽  
The Russian Empire ◽  
Legislative Activities ◽  
Legal Technology

The purpose of the article is to consider the legislative activity aimed at solving complex socio-economic and political problems at various stages of the historical development of the country, which requires the legislator not only to understand the severity and the significance of the ongoing transformations, but to perfect their legal and technical design as well. In this regard, the attention paid by the authors of this article to the experience of legal and technical support of P.A. Stolypin’s agrarian reform is very relevant in connection with the need of permanent improvement of Russian legislation affecting various social aspects. From the point of view of the legal technology peculiarities, the article considers the main normative legal acts governing P.A. Stolypin's agrarian transformations at the beginning of the 20-th century, as well as some other issues significant for the Russian Empire of that period. The purpose of the article is to analyze the peculiarities of legal and technical regulation of the legislative activity of the Third State Duma within the framework of agrarian transformations initiated by P.A. Stolypin. The subject of the study is the normative legal acts regulating P.A. Stolypin’s agrarian reform. The authors summarize that the legislative activities of the Third State Duma, in general, enriched the arsenal of domestic legal technique and contributed to its further improvement.

Die Rechtsphilosophie Gustav Radbruchs unter dem Einfluss von Emil Lask

2020 ◽  
Author(s):  
Jing Zhao
Keyword(s):  
Systematic Investigation ◽  
Point Of View ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Epistemological Foundation ◽  
The Third ◽  
Fundamental Distinction ◽  
The Subject ◽  
New Perspective ◽  
Kantian Philosophy

It is well known that Gustav Radbruch’s philosophy of law is significantly influenced by the neo-Kantian philosophy of Rickert’s student Emil Lask. However, so far, there has been no systematic investigation of the question of which aspects of Lark’s analyses of legal philosophy, cultural philosophy and epistemology are important to Radbruch’s philosophy of law. The monograph endeavors to close this gap. Its structure orients itself towards a fundamental distinction between the scientific knowledge of the subject and the subject itself. The topic of the first part is the epistemological foundation of the philosophy and science of law; the second part deals with the justification of law itself. In the third part, the developments in the legal philosophical thoughts of Radbruch and Lask are analysed from the point of view of their relationship to the neo-Kantian tradition. The result also offers a new perspective on the much-discussed “transformation” in Radbruch’s legal philosophy.

L’animisme de Merleau-Ponty et Guattari. Une critique de La machine sensible de Stefan Kristensen

2019 ◽  
Vol 21 ◽  
pp. 371-377
Author(s):  
Judith Wambacq ◽  
Keyword(s):  
Common Ground ◽  
Point Of View ◽  
The Body ◽  
Felix Guattari ◽  
Body Without Organs ◽  
The Subject ◽  
The Common

Avec son livre La machine sensible, Stefan Kristensen réalise, de façon magistrale, deux objectifs. D’abord, il met en lien la pensée de deux philosophes qui sont à première vue très éloignés l’un de l’autre. Il s’agit de Félix Guattari et de Maurice Merleau-Ponty. Traditionnellement, Merleau-Ponty est considéré comme le philosophe du corps, tandis que Guattari est connu comme le philosophe du corps sans organes. Merleau-Ponty est un phénoménologue, tandis que Guattari prétend abandonner le point de vue du sujet. Kristensen démontre avec succès quel est le terrain commun des deux auteurs : la critique de la conception psychanalytique du sujet.Le deuxième objectif du livre découle directement du premier : présenter au lecteur une alternative à la conception intimiste de la subjectivité, soit comprendre la subjectivité comme fondamentalement parcourue par une altérité. Merleau-Ponty a été l’un des premiers, à l’instar de Paul Schilder, à mettre l’accent sur le caractère collectif et intersubjectif de cette altérité. Guattari a compris que cette altérité possède des sédiments politiques et historiques.With his book La machine sensible, Stefan Kristensen accomplishes two goals in a masterly way. First, he links the works of two philosophers who are very different at first sight: Maurice Merleau-Ponty and Félix Guattari. Traditionally, Merleau-Ponty is considered the philosopher of the body, whereas Guattari is known as the philosopher of the body without organs. Merleau-Ponty is a phenomenologist, whereas Guattari pretends to abandon the point of view of the subject. Kristensen identifies the common ground of the two authors: the criticism of the psychoanalytical conception of the subject.The second goal of the book derives directly from the first: present the reader with an alternative for the intimate conception of subjectivity, that is, present him or her with the idea that subjectivity is always characterized by an alterity. Merleau-Ponty, following the example of Paul Schilder, has been one of the first to stress the collective and intersubjective nature of this alterity. Guattari has understood that this alterity has political and historical sediments.Con il suo libro La machine sensible, Stefan Kristensen realizza magistralmente due obiettivi. Innanzitutto, egli mette in relazione il pensiero di due filosofi a prima vista molto distanti tra loro: Félix Guattari e Maurice Merleau-Ponty. Se tradizionalmente Merleau-Ponty è considerato il filosofo del corpo, Guattari è invece noto come il filosofo del corpo senza organi. Merleau-Ponty è un fenomenologo, mentre il pensiero di Guattari intende abbandonare il punto di vista del soggetto. Kristensen propone allora di leggere la critica della concezione psicoanalitica del soggetto come terreno comune tra i due autori. Il secondo obiettivo del libro discende direttamente dal primo: presentare al lettore un’alternativa alla concezione intimista della soggettività, ovvero concepire la soggettività come fondamentalmente percorsa da un’alterità. Merleau-Ponty è tra i primi, sulla scorta di Paul Schilder, a porre l’accento sul carattere collettivo e intersoggettivo di questa alterità. Dal canto suo, Guattari ha compreso che questa alterità possiede dei sedimenti politici e storici.

Pastoral Perspectivism: A View from Altai

Inner Asia ◽  
2007 ◽  
Vol 9 (2) ◽  
pp. 291-310 ◽  
Author(s):  
Ludek Broz
Keyword(s):  
Point Of View ◽  
Subject Position ◽  
Common Denominator ◽  
The Subject ◽  
The Common ◽  
Human Animal ◽  
Single Idea ◽  
The Way

AbstractOne of the characteristic aspects ofViveiros de Castro’s perspectivismis the relative rather than absolute character of subject/object positions. In the Altaian context, animals are not attributed with subjectivity in the way found in Amazonian cosmologies. Still, the subject position is not particular to humans: the landscape is populated by masters of a both human and nonhuman kind. The terminological division of animals into wild (a?dar-kushtar) and domesticated (mal) in Altaian language is analogical to the human/animal division in Amazonia. Wildness and domesticity thus become relative categories defined with reference to the idiom of the master. What is wild for a human master is domesticated for a nonhumanmaster. Here, the common denominator is a sort of ‘livestock-morphism’:what for the human hunters looks like a deer is a cowfrom the point of view of the forest masters. If conducted improperly, hunting is thus analogous to livestock theft – morality transcends perspectivism in Altai. Exploring this ‘pastoralist perspectivism’ leads to questions about subjectivity and agency, ethics and ownership. The discussion is finally placed ‘into perspective’ by showing thatAltaians do not operate with a single idea of the animal and human–animal relationship.

scholarly journals On the accumulation of helium in geological time

1908 ◽  
Vol 81 (547) ◽  
pp. 272-277 ◽  
Keyword(s):  
Point Of View ◽  
Geological Time ◽  
Helium Content ◽  
Great Range ◽  
Suitable Material ◽  
Geological Age ◽  
The Subject ◽  
The Common ◽  
Progressive Accumulation ◽  
Active Change

In a former paper I gave an account of experiments on the presence of helium in a variety of the common minerals of the earth’s crust. The conclusion arrived at was that the quantity of helium is, in general, determined by the traces of radio-active elements present. The minerals investigated were mostly of palæozoic age, and little attention was paid to the effect of geological age on helium content. If, however, the accepted theory of the progressive accumulation of helium in minerals by radio-active change is correct, it is evident that geological age must be all-important. In the present paper, the subject is considered from that point of view. There is some difficulty in finding suitable material for comparing the helium content of minerals with their geological age. To make such a comparison advantageously, it is necessary to obtain minerals from a very great range of geological horizons, so that the oldest minerals considered shall be many times older than the youngest. Thus it becomes imperative to get material from the secondary and tertiary strata. Most of the constituents of these strata are unsuitable. For instance, derivative materials like clay and sand must be rejected, because they have presumably been accumulating helium long before they were laid down in their present stratigraphical position. The chemical precipitates like rocksalt and gypsum are so free from radio-active constituents that accurate measurements of the helium in them are very difficult; while limestones are, in a lesser degree, open to the same objection.

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