International Law and Colombian Constitutionalism: A Note on Monism

1942 ◽  
Vol 36 (4) ◽  
pp. 614-620
Author(s):  
William Marion Gibson
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Subject Matter ◽  
The Other ◽  
Legal Philosophy ◽  
State Practice ◽  
The Subject ◽  
National Constitution ◽  
Relationship Of ◽  
The Relationship

In explaining the nature of international law, each of the two major schools of thought draws upon legal philosophy and practice for evidence in support of its interpretation. It is not the purpose of this note to offer any conclusions or proofs as to the validity of the reasoning of one or the other of the two schools. It would require more than the subject-matter here considered to prove the “Monist” position, or to detract from that of the “Dualist.” However, inasmuch as state practice is one of the guides to the resolution of the debate on the nature of international law, it is hoped that an explanation of the attitude of the Colombian Supreme Court concerning the relationship of pacta to the national constitution and legislation of that state may merit mention.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

scholarly journals Spinoza’s affective aesthetics: Art and architecture from the viewpoint of life

2021 ◽  
pp. 64-72
Author(s):  
Gökhan Kodalak
Keyword(s):  
Subject Matter ◽  
Aesthetic Theory ◽  
The Subject ◽  
Relationship Of ◽  
Art And Architecture ◽  
The Relationship

There is a peculiar aesthetic undercurrent traversing Baruch Spinoza’s philosophy, harbouring untapped potentials and far-reaching consequences for contemporary discussions on aesthetics. The relationship between aesthetics and Spinoza’s philosophy, however, has been nothing but a huge missed encounter, resulting in the publication of only a few books and a handful of articles throughout a vast period of more than three-and-a-half centuries. Which begs the question: might there be, despite our persistent negligence, much more to the relationship of Spinoza and aesthetics than first meets the eye? I will argue that there might be. For once Spinoza’s philosophy as a whole, ranging from his philosophical and political treatises to his private letters and unfinished manuscripts, is read between the lines, latent seeds of a peculiar aesthetic theory become visible—an aesthetic theory that moves beyond subjective and objective approaches that have come to dominate the field, and rather grounds itself on affective interactions and morphogenetic processes. A subterranean journey through Spinoza’s affective aesthetics constitutes the subject matter of this paper, which interweaves subtle aesthetic hints buried deep within his philosophical archive, while unfolding relevant ramifications of these promising discoveries for the current aesthetic discourse.

scholarly journals SCALIA, HAMDAN AND THE PRINCIPLES OF SUBJECT MATTER RECUSAL

2012 ◽  
Vol 19 (1) ◽  
pp. 149-170
Author(s):  
Brian Flanagan
Keyword(s):  
Subject Matter ◽  
Natural Justice ◽  
Open Mind ◽  
The Us ◽  
Normative Basis ◽  
The Subject ◽  
Relationship Of ◽  
Constitutional Adjudication ◽  
The Relationship ◽  
Practical Level

The point of judicial recusal is at once obvious and elusive.  The idea of a partial judge immediately grates on our sense of fairness.  Almost invariably, the normative basis of judicial impartiality is traced to what is described as ‘natural justice’;1 specifically the celebrated maxims of nemo iudex in causa sua2 and audi alteram partem.3  But the relationship of this moral bedrock to the exigencies and settled practices of constitutional adjudication is far from straightforward.  This article will focus on the implications of the latter principle – perhaps best translated as a standard of judicial open-mindedness regarding the subject matter of a dispute.  Despite its moral immediacy, there are serious theoretical objections, best described as ‘realist,’ to an expansive conception of judicial open-mindedness.  Likewise, at a practical level, the institution of the dissenting opinion can be seen as diluting the duty to keep an open mind, at least in jurisdictions such as the US where judges are expected to exhibit relatively little deference towards previous decisions in which they were outvoted.

scholarly journals SEPARAÇÃO DOS PODERES E A EVOLUÇÃO DO ENTENDIMENTO DO STF SOBRE O MANDADO DE INJUNÇÃO

2020 ◽  
Vol 1 (54) ◽  
pp. 556
Author(s):  
Vidal Serrano NUNES JUNIOR ◽  
Marcio Ortiz MEINBERG
Keyword(s):  
Supreme Court ◽  
Separation Of Powers ◽  
The Other ◽  
Constitutional Rights ◽  
Normative Function ◽  
The Subject ◽  
The Relationship ◽  
Analytical Dimension

RESUMOTrata-se de artigo cujo objetivo é identificar o entendimento do Supremo Tribunal Federal - STF sobre a Separação dos Poderes no que se refere à natureza do Mandado de Injunção, um remédio constitucional a ser concedido em caso de omissão do Poder Público em editar norma regulamentadora necessária para viabilizar o exercício dos direitos e liberdades constitucionais e das prerrogativas inerentes à nacionalidade, à soberania e à cidadania. O entendimento histórico do STF sobre o tema não é consensual e são percebidas ao menos duas grandes correntes às quais se afiliaram os ministros: Teoria Concretista e Teoria Não-Concretista (além de suas subdivisões). As duas grandes correntes diferenciam-se radicalmente, tanto no que se refere ao relacionamento entre o Judiciário e os demais Poderes, quanto aos efeitos do Mandado de Injunção. Além disso, o entendimento do STF evoluiu historicamente, não apenas quanto ao posicionamento majoritária da Corte em torno de alguma das teorias, mas também quanto ao desenvolvimento de cada uma delas. A partir da análise das principais decisões do STF sobre o tema, sistematizaremos as características centrais de cada uma das correntes (e como se diferenciam), bem como suas fundamentações e evolução. A metodologia adotada é a Dogmática Jurídica (cf. Alexy e Dreier), com foco nas dimensões empírica (pela análise das decisões do STF) e analítica (estabelecendo definições e sistematizando os conceitos utilizados pelos ministros do STF). Como conclusão, apresentaremos as características centrais de cada uma das teorias adotadas pelo STF no que se refere ao tema Separação dos Poderes.PALAVRAS-CHAVE: Separação dos Poderes; Mandado de Injunção; Função Normativa. ABSTRACTThe purpose of this article is to identify how Supremo Tribunal Federal – STF (Brazilian’s Supreme Court) sees the Separation of Powers related to the nature of the Writ of Injunction, a constitutional remedy (relief) to be granted in case of Public Power’s omission in enacting a regulatory norm needed to enable the exercise of constitutional rights and freedoms and the prerogatives inherent in nationality, sovereignty and citizenship. The historical opinion of the STF on this subject is not consensual, and there is at least two major currents in which the ministers-judges have joined: Concretist Theory and Non-Concretist Theory (and its subdivisions). The two major currents differ radically, either about the relationship between the Judiciary and the other Powers, as about the effects of the Writ of Injunction. Besides, the STF’s opinion has evolved historically, not only regards the majority position of the Court around one of the theories, but also as to the development of each of them. After analysing the main STF’s decisions on the subject, we systematize the central characteristics of each of the currents (and how they differ from each other), as well as their foundations and evolution. The methodology is the Legal Dogmatic (according Alexy and Dreier), with focus on the empirical dimension (the analysis of STF’s decisions) and analytical dimension (the establishment of definitions and the systematization the concepts used by the STF’s ministers-judges). In conclusion, we present the central characteristics related to Separation of Powers of each one the theories adopted by the STF.KEYWORDS: Separation of Powers; Writ of Injunction; Normative Function.

God's presence through grace as the theme of Cynewulf's Christ II and the relationship of this theme to Christ I and Christ III

1974 ◽  
Vol 3 ◽  
pp. 87-101 ◽  
Author(s):  
Colin Chase
Keyword(s):  
Human Nature ◽  
Subject Matter ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship

Cynewulf's dependence on Gregory the Great's Ascension Day homily for the structure and much of the subject matter of Christ II has been acknowledged since 1853. After commenting in some detail on the gospel text for the day (Mark xvi. 14–20) Gregory devotes the final third of his homily to more general reflections – ‘ut aliquid de ipsa tantae solemnitatis consideratione dicamus’ – on the theme of the elevation of human nature in the Lord's ascension: ‘Ascendente vero Domino, est humanitas exaltata.’ Though Cynewulf takes his lead from these general reflections of Gregory at every point, a comparison of poem and homily shows that in doing so he substitutes his own theme of God's continuing presence with man since the ascension in his gifts of grace. This article concerns this thematic change and its implications for the relationship of Christ II to Christ I and Christ III.

Comparative Law and Economic Analysis of Law

2019 ◽  
pp. 825-851 ◽  
Author(s):  
Florian Faust
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
Case Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject ◽  
The Relationship

This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.

P. V. Tavanéc. O vidah suždéniá (On types of judgment). Izvéstiá Akadémii Nauk SSSR, Sériá istorii i filosofii, vol. 7 (1950), pp. 69–84. - P. V. Tavanéc. Kritika istolkovaniá prirody suždénij logikoj otnošénij (A critique of the interpretation of the nature of judgments in the logic of relations). Izvéstiá Akadémii Nauk SSSR, Sériá istorii i filosofii, vol. 7 (1950), pp. 360–372. - K. S. Bakradzé. K voprosu o sootnošénii logiki i dialéktiki (On the question of the relationship of logic to dialectic). Voprosy filosofii, no. 2 (1950), pp. 198–209. - V. I. Čérkésov. O logiké i marksistskoj dialéktiké (On logic and Marxist dialectic). Voprosy filosofii, no. 2 (1950), pp. 209–222. - M. S. Strogovič. O prédmété formal'noj logiki (On the subject matter of formal logic). Voprosy filosofii, no. 3 (1950), pp. 309–317. - I. I. Os'makov. O logiké myšéniá i o nauké logiké (On the logic of thought and the science of logic). Voprosy filosofii, no. 3 (1950), pp. 317–330. - P. S. Popov. Prédméi formal'noj logiki i dialéktika (Dialectic and the subject matter of formal logic). Voprosy filosofii, no. 1 (1951), pp. 210–218. - N. V. Zavadskaá. K diskussii po voprosam logiki (On the discussion of questions of logic). Voprosy filosofii, no. 1 (1951), pp. 218–222. - A. O. Makovél'skij. Čém, dolžna byt' logika kak nauka? (What should logic be as a science?) Voprosy filosofii, no. 2 (1951), pp. 179–181. - Dobrin Spasov. Dialéktičéskuú logiku nado né otricat', a razrabatyvat' (Dialectical logic should not be rejected but elaborated). Voprosy filosofii, no. 2 (1951), pp. 182–184. - M. N. Alékséév. Obsuždénié voprosov logiki v Moskovskom Gosudarstvénnom Univérsdtété (Discussion of questions of logic at the State University of Moscow). Voprosy filosofii, no. 2 (1951), pp. 184–192. - A. D. Aléksandrov. O logiké (On logic). Voprosy filosofii, no. 3 (1951), pp. 152–163. - F. Á. Ostrouh. Protiv iskažéniá marksizma v voprosah logiki (Versus distortion of Marxism in questions of logic). Voprosy filosofii, no. 3 (1951), pp. 164–173.

1952 ◽  
Vol 17 (2) ◽  
pp. 124-128
Author(s):  
George L. Kline
Keyword(s):  
Subject Matter ◽  
Nauk Sssr ◽  
Formal Logic ◽  
State University ◽  
Akademii Nauk Sssr ◽  
Dialectical Logic ◽  
Science Of Logic ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship

scholarly journals The Results of some Quantitative Experiments on the Serum Precipitation Reaction

1931 ◽  
Vol 31 (1) ◽  
pp. 56-83 ◽  
Author(s):  
G. L. Taylor
Keyword(s):  
Horse Serum ◽  
The Other ◽  
Precipitation Reaction ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship

The work described in this paper is based, very largely, on the work of Dean and Webb (1926), and the methods used in the various experiments are similar to those described by them. The results are discussed in two parts. The first is concerned with the mixture of different specimens of anti-horse serum, and with the relationship of the antibody in one specimen to the antibody in another. The second part deals with the nature of the reaction between antigen and antibody in the serum precipitation reaction. The two parts are dependent on each other, and the subject of the second suggested itself whilst the work on the first was in progress. The order in which the work is described is mostly that in which it was done. Nevertheless, conclusions arrived at in one part are, in one or two cases, of importance in the consideration of the other part, and vice versa. A question as to the possibility of strengthening the ratio of an antiserum by the addition of another antiserum led to the earlier experiments.

scholarly journals Notes For Supporting An Epistemological Neuropsychology: Contributions From Three Perspectives

2013 ◽  
Vol 6 (2) ◽  
pp. 107-118
Author(s):  
Mauricio Barrera Valencia ◽  
Liliana Calderón Delgado
Keyword(s):  
Subject Matter ◽  
Historical Perspective ◽  
The Other ◽  
Cognitive Neuropsychology ◽  
Theoretical Approaches ◽  
The Subject ◽  
Dual Status ◽  
The Relationship ◽  
The Brain ◽  
Epistemological Basis

A review of the epistemological basis of neuropsychology is done in order to clarify its foundations and its dual status as a discipline rooted in biology and psychology. This work is justified from two fundamental issues that are faced by neuropsychology: from an external perspective based on the upswing of certain disciplines, which by definition seem to have similar subjects of study to neuropsychology; however, given the complexity of the study of the relationship between the behavior and the brain, it leads to a duplicity of efforts that do not add anything to the understanding of the subject matter. On the other hand, from an internal perspective, the main issue appears when diverse theoretical positions are presented within neuropsychology as schools that must stand as if they were the only perspective. To provide a tentative answer, this paper reviews three theoretical approaches within neuropsychology: Russian reflexology and the cultural-historical perspective, connectionism, and cognitive neuropsychology. The conclusion leads towards a set of principles that, as a proposal, should guide the discipline development.

scholarly journals How connected are the major forms of irrationality? An analysis of pseudoscience, science denial, fact resistance, and alternative facts

2017 ◽  
Author(s):  
Sven Ove Hansson
Keyword(s):  
Subject Matter ◽  
The Other ◽  
Reliable Information ◽  
Rational Discourse ◽  
Other Hand ◽  
Alternative Facts ◽  
The Subject ◽  
Fact Finding ◽  
The One ◽  
The Relationship

Science is a fact-finding practice, but there are many other fact-finding practices that apply largely the same patterns of reasoning in order to achieve as reliable information as possible in empirical issues. The fact-finding practices form in their turn a subcategory of rational discourse, a wider category that also encompasses argumentation on non-empirical issues. Based on these categories, it is easy to see the relationship between on the one hand pseudoscience, on the other hand fact resistance, disinformation, and fallacies of reasoning. The flaws in argumentation are similar, and the main difference is whether or not the subject matter falls within or without the realm of science.

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