Influence and Emulation in the Constitutional Republic of Letters

2004 ◽  
Vol 22 (1) ◽  
pp. 179-182 ◽  
Author(s):  
David Thomas Konig

I am glad that the Review has provided a Forum for advancing discussion of the “rapidly evolving field of Second Amendment scholarship,” as Richard Uviller and William Merkel so aptly describe it. The field is evolving so rapidly, in fact, that I had no chance to consult their excellent book on the subject when writing this article. Having now had the luxury—and great benefit—of reading it in preparing my reply to their comments, I can only cheer them on for the way that book and their remarks in the Forum advance the common goals we seek: to replace an ahistorical quotation-hunting with a meticulous examination of “the collateral expressions of the founders and their contemporaries to find the most likely purposes and assumptions underlying the text” of the Second Amendment.

2017 ◽  
Vol 1 ◽  
pp. 151
Author(s):  
Ewa Dziuban

ROMAN SOCIETAS AND THE COMMON LAW PARTNERSHIPThe construction of roman societas in comparison with the common law partnership was the subject of authors inquiry. The idea was to find whether these two contracts, being created in a very different time and situation, with ages of various experiences between them, could, in some way, resemble. In other words - is that possible that the similar aim of the contracts determined the shape of the legal form?Both constructions were analysed stressing their most significant points.The comparison was led due to the pattern established by the author, created to make it more readable.As a result every characteristic was composed of the following parts:1. description of the contract’s nature;2. types of the contract;3. inner relations between partners;4. societas/partnership in relation to outer world;5. dissolving the contract.On this basis author examined the findings.The pointed conclusions seemed to provide a very interesting start for further inquiries. The reason for this is, as it occurred, that between two legal systems, existing in separate ages and conditions, with settled opinion on their incompatibility, more than few similarities can be found.Author did not give a straight answer to the question why these similarities really exist. In fact she provides at least two possible explanations without prejudice.Actually to give a more exact answer deeper studies shall be undertaken. However even at this very early stage it can be said, that both constructions, even though so faraway in various dimensions from each other, developed compatible solutions on their way to find the best idea how the goal can be achieved. And this goal, as it occurred from the contracts’ nature, seemed to be analogous.Is the similar solution a question of reception? Or maybe both systems parallel found the way, which occurred to be the best and, in the same time, convergent? Maybe the catalogue of best solutions is closed and sooner or later every system shall come to it?These questions must be asked. Even if or especially that the answers are neither easy nor immediate.Author finished this first stage of her studies leaving them open but with the reservation that inquiry will be continued.


Inner Asia ◽  
2007 ◽  
Vol 9 (2) ◽  
pp. 291-310 ◽  
Author(s):  
Ludek Broz

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.


2008 ◽  
Vol 4 (1-2 (5)) ◽  
pp. 139-146
Author(s):  
Valeri Mirzoyan

The behavioral rules suggested by the great Armenian philosopher Yeznik Koghbatsi (380-450) can justly find their place in any collection of “aphorisms about rule and power”. He postulated advice, appeals, commandments, norms of behavior which can refer to everyone irrespective of their social position. Koghbatsi’s behavioral norms can be summed up in the following provisions: Power is not a will to rule, rather it is an obligation. The just official not only imposes his will on his subjects, but “rules like a loyal servant” and takes care of the latter. To rule means displaying governing skills, i.e. guiding the subjects to the realization of the common goals. If the official is loved by people, he must be content, if no, he must demonstrate patience and tenacity The official must avoid false kindness and must be able to punish the one who is guilty Reproach and rebuke must be well-grounded and if the subject has not accepted his guilt voluntarily, he must demonstrate tolerance The subject must be reproached in private When rebuking others, the official must not abuse his position, rather he must have moral grounds for that. The most powerful lever of rule is the positive example of the official while the greatest harm is inflicted by his negative behavior Everybody, be it an official or a subject, must be ready and willing to listen to advice.


1969 ◽  
Vol 73 (706) ◽  
pp. 839-852
Author(s):  
Thurstan James

In their time few writings on the .subject of aviation can have been as avidly read, as furiously debated and as lovingly quoted, as have those signed “C.G.G.” The initials stand for Charles Grey Grey. Spelt with an “E”. Both times. My recollections are of a man with no special gifts in the way of scientific ability or technical achievement 'who, in the most advanced industry of his day, grew to a stature when he became a figure of much concern to industrialists and civil servants alike. He walked and flew with dictators but, though very much a man of the right, never lost the common touch. Somebody, I think it was the late Roland Dangerfield, called him a “democratic old aristocrat”.


Author(s):  
Kate L. Morrison ◽  
Brooke M. Smith ◽  
Michael P. Twohig

This chapter summarizes mindfulness-based therapies for observe-compulsive disorder (OCD). Mindfulness and acceptance interventions focus on the way in which individuals with OCD address or experience their obsessions, anxiety, uncertainty, and bodily sensations, and how this impacts their behavior. Mindfulness and acceptance interventions include a variety of procedures and treatment packages that center around the common goals of being open, aware, and present with emotional, cognitive, and bodily experiences that can otherwise derail intended actions. Although more evidence is needed, there is sufficient data to suggest that mindfulness and acceptance interventions are reasonable options for the treatment of OCD and related disorders. This chapter summarizes the theory and application of mindfulness and acceptance therapies and the data examining their use for OCD and related disorders.


1969 ◽  
Vol 37 (1) ◽  
pp. 221 ◽  
Author(s):  
David Stevens ◽  
Jason W. Neyers

The law of restitution has developed out of the law of quasi-contract and the law of constructive trust. Inadequate attention to the logic and coherence of doctrines in the law of restitution, however, renders this new law as opaque and confused as its predecessor. This is largely due to the remedial mentality of the common law. The remedy to the remedial mentality is to concentrate future efforts in stating doctrine on defining rights, not remedies. The precedent for this type of change in method is the transformation that occurred in contract and tort over the past 100 years, inspired, in part, by civilian theories of private law. The right that generates the remedy restitution is the cause of action in unjust enrichment. It arises where there has been a non-consensual receipt and retention of value, that is, a receipt and retention of value that occurs without "juristic reason." "Nonconsensual" means by mistake, by theft or by finding. There are a number of problems in the method of the common law tradition which stand in the way of recognizing this simple formulation: (a) The inherent expansiveness of "restitution " and "unjust enrichment" if these terms are not rigorously defined; (b) The lack of serious competition for the expansive versions of the subject, on a number of fronts; (c) The lack of a clear direction in the efforts to reform the law of quasi-contract and constructive trust; (d) The deeply embedded nature of the quasi-contract thinking; (e) Poor analysis in some areas of the law of contract and (f) Tort; and (g) The lack of an explicit agency of reform in the tradition.


Author(s):  
Saad Jaffar ◽  
Dr. Nasir Ali khan

The life of Holy Prophet (PBUH) is a beacon of light not only for Muslims but for all of humanity. There is no such aspect of life for which we do not have guidance from the life of Holy Prophet (PBUH). Whether it is personal life or social life. One of these aspects is the Da'wah strategy of the Holy Prophet (PBUH) in Makki era. This article elaborates the Holy Prophet’s (PBUH) strategies adopted for the preaching of the Islam during the Makki era. The basic elements of his missionary strategies such as the way of argumentations, parlance and dialects are made the subject of discussion. It highlights the diverse and distinct communication strategies to make the message of Islam intelligible to the common people even, which include: common values, courtesy, non-violence, intellectual stature of the audience, evolutionary process, the psychological intelligibility of addressee, sense of responsibility and proportionality, capacity to perform missionary activity, intimacy with newly converts, concealment of the faith, migration, and strong assertion of faith. The methodology deployed in construing this discourse is descriptive-cum-analytical.


1981 ◽  
Vol 31 (2) ◽  
pp. 375-380
Author(s):  
R. B. Rutherford

The epistle to Florus (Ep. 2. 2) has usually been grouped with the epistle to Augustus and the Ars Poetica, partly because of its length, which sets it, like the other two, apart from the letters of the first book, and partly because of the common interest in literary theory which is manifested in all three. These poems have always been the subject of controversy; but 2. 2 has received less attention than the others, perhaps because the elegance and humour of the poem, which have been so often praised, have eclipsed the possibility that it may have something to say, especially about Horace himself, his personality and his changing allegiances to philosophy and poetry. The object of this paper is to offer a reading of 2. 2, not as a piece of autobiography, nor as a mosaic of conventional motifs, but as an examination by Horace of his own poetry and poetic aims, in which he is testing and criticizing his own achievement, and himself. In this he continues one of the most attractive and impressive practices of the earlier book of epistles.Horace here abnegates his role as a lyric poet, and this is generally taken literally as placing the poem quite precisely between the completion of Epistles 1 and Horace's resumption of lyric writing in the Carmen Saeculare and Odes 4. But more important is the way in which Horace in Ep. 2. 2 itself expresses a judgement about his own poetic ambitions. The philosophic themes of the Epistles and the more frivolous lyric subjects (‘iocos, Venerem, convivia, ludum’, 2. 2. 56) which he presents as the essence of his Odes, are both aspects of Horace's poetry and personality; the question is whether one should be considered more valid than the other in the poet's own mature judgement, whether Horace should in fact have outgrown either or both kinds of poetry. In this poem, then, it is important not only that he renews the renunciation of poetry and the gay life which he made at Ep. 1. 1. 10–11, but also that this decision is to some extent forced on him, and reluctantly made (2. 2. 55–7).


2015 ◽  
Vol 12 (1) ◽  
pp. 7-19
Author(s):  
Elaine A. Colagrande ◽  
Simone A. de Assis Martorano ◽  
Agnaldo Arroio

In this paper a methodological experience is analyzed in exploratory nature, developed in short course promoted in Brazilian Chemistry Education Conference. The purpose of such activity was to rescue the views and beliefs that participants, pre-service and in service teachers, have about science and the scientific work and thus lead to reflection on the subject during the activity, by using previously selected images. The analysis of the accounts of the images evidenced that the common views already highlighted in research on the nature of science still occur with some frequency, conceptions that may limit the way of understanding of the teaching of science. The activity showed satisfactory the extent that provided moments of discussion and reflection on the subject, which may assist participants in their future educational activities.


Author(s):  
Valentina Vladimirovna Ustyukova

The subject of research in this article is social relations in the field of ensuring biological safety by means of administrative actions for the violations of legislation in the field of handling and disposing of animal and biological waste.  The purposes of the research are: analysis of doctrinal approaches to defining the terms “animal waste” and “biological waste”; legal assessment of using the provisions of the Administrative Offences Code of Russia establishing responsibility for the violation of rules of handling and disposing of the above mentioned types of waste; formulation of proposals aimed at the clarification of particular provisions of veterinary rules.  The research is based on general scientific and specific research methods (analysis, generalization, the formal-legal, comparative-legal and historical methods). They help the author to consider the evolution of the term “biological waste”, and to define its merits and flaws during the operation of the 1995 Veterinary rules for the collection and utilization of biological waste as compared with the current rules of 2020. The author analyzes disputable issues appearing in judicial practice when considering cases of the violation of veterinary and sanitary rules of biological waste disposal, and describes her own opinion which is not always in line with the position of commercial and regular courts. The scientific novelty of the research consists in the conclusion about the common goals of legal regulation of responsibility in the field of handling and disposing of animal and biological waste and the necessity to regulate them in one chapter of the Administrative Offences Code, rather than in different chapters as they are regulated now. The author states the necessity to clarify the terms “biological waste” and “animal waste” and to consider some of it as recyclable materials. The author attempts to differentiate between the types of waste under study and other types of waste (including food waste of animal origin).   


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