scholarly journals Conversion of Intangible Property: A Modest, but Principled Extension? A Historical Perspective

2009 ◽  
Vol 40 (2) ◽  
pp. 419 ◽  
Author(s):  
Susannah Leigh Kan Shaw

This article examines whether an expansion to the tort of conversion to cover intangible property is warranted. In the 2007 case of OBG Ltd v Allan (OBG), the majority of the House of Lords held in favour of retaining the rule that only tangible property may be subject to an action in conversion, while the minority argued that expansion of the tort is necessary based on principle, the history of conversion and developments in other jurisdictions. The OBG decision is set in its historical context through an analysis of the origins and extensive history of the tort of conversion. The article concludes there is nothing in the history of the tort that stands in the way of expansion to cover cases of interference with intangible interests, and argues that such an extension would be a welcome development in the New Zealand context.

Soil Research ◽  
1992 ◽  
Vol 30 (6) ◽  
pp. 843 ◽  
Author(s):  
AE Hewitt

A brief review of the history of soil classification in New Zealand is made in order to place the most recent work in its historical context. The first comprehensive system was inspired by the Russian concepts of zonality, and was published as the New Zealand Genetic Soil Classification by Taylor in 1948. It may be regarded as a grand soil-landscape model that related soil classes to environmental factors. Although successful in stimulating the reconnaissance survey of New Zealand soils, it failed to support the requirements of more intensive land use. Soil Taxonomy was tested as an alternative modem system for a period of 5 years but was found to make inadequate provision for important classes of New Zealand soils. The New Zealand Soil Classification was developed using many of the features of Soil Taxonomy while preserving successful parts of the New Zealand Genetic Soil Classification. Historical lessons include the increasing importance of electronic databases and regional correlation, the importance of nomenclature, the necessity of a national system and the divorce of soil classification from soil-landscape modelling.


2018 ◽  
Vol 132 (8) ◽  
pp. 670-672 ◽  
Author(s):  
S Konstantinidou ◽  
M Adams

AbstractBackgroundOtorhinolaryngology has an extensive history that spans nearly five millennia, and the history of women as medical and surgical practitioners stretches back to at least 3500 BC.ObjectivesTo explore the history of women in ENT from ancient to modern times, and discover their fascinating role in this field over the years.MethodA literature review was conducted using Google Scholar and PubMed.ResultsIn ancient and medieval times, there were female doctors accomplished in areas pertaining to ENT. In the nineteenth and twentieth centuries, inspirational women pioneers paved the way for modern female ENT surgeons. This led to a rapid increase in the representation of female otorhinolaryngologists in clinical practice and authorship over the last fifty years.ConclusionThe contribution of women to otorhinolaryngology has evolved since ancient times and the greatest advancement has occurred within the last two hundred years.


Author(s):  
Geoff Watson

Desmond Wood has produced a very readable social history of rugby union in New Zealand. The strength of the book lies in the way he synthesizes scholarly analyses of the game, including his own interviews and research, into an easily accessible style.


2016 ◽  
Vol 42 (2) ◽  
pp. 192-207
Author(s):  
Marius Nel

The article hypothesises that the historical development of Pentecostal hermeneutics is closely related to and illustrated by Pentecostals’ attitude towards theological training. A short survey is given of the development of theological training within the Pentecostal movement in order to demonstrate how it accompanied a change in the way the Bible was considered during the past century in terms of three phases. For the first three decades Pentecostals had no inclination towards any theological training; they considered that the Bible provided all they needed to know and what was important was not what people in biblical times experienced with or stated about God, but the way these narratives indicate contemporary believers to an encounter with God themselves, resulting in similar experiences. From the 1940s, Pentecostals for several reasons sought acceptance and approval and entered into partnerships with evangelicals, leading to their acceptance of evangelicals’ way of reading the Bible in a fundamentalist-literalist way. From the 1970s they established theological colleges and seminaries where theologians consciously developed Pentecostal hermeneutics in affinity with early Pentecostal hermeneutics, although most Pentecostals still read the Bible in a fundamentalist-literalistic way − as do the evangelicals. Its hermeneutics determined its anti-intellectual stance and the way Pentecostals arranged the training of its pastors. The history of the Pentecostal movement cannot be understood properly without realising the close connection between its hermeneutics and its view of theological training.


2020 ◽  
Vol 7 (1) ◽  
pp. 42
Author(s):  
Dimas Wihardyanto ◽  
Sudaryono Sudaryono

Arsitektur merupakan salah satu produk budaya hasil pemikiran manusia yang mampu menggambarkan secara komprehensif bagaimana hubungan dirinya dengan konteks sosial maupun seting lingkungan yang ada. Tidak terkecuali arsitektur kolonial Belanda di Indonesia. Kolonialisasi di Indonesia terutama yang dilakukan oleh Belanda merupakan salah satu babak sejarah penting di Indonesia karena mampu merubah cara berfikir arsitektur di Hindia Belanda semakin modern mendekati yang terjadi di Barat. Pengaruh modernisme dalam arsitektur tersebut tentunya tidak dapat dilepaskan dari perkembangan cara berfikir masyarakat barat yang bertitik tolak dari cara memandang alam dan manusia melalui pendekatan kategorisasi dan analogi. Setelah melalui kurun waktu yang cukup panjang arsitektur kolonial Belanda di Indonesia akhirnya tidak dapat memaksakan penggunaan arsitektur barat secara penuh. Konteks sosial budaya serta seting lingkungan dan iklim yang berbeda akhirnya mampu mengajak para arsitek untuk mengedepankan cara berfikir yang bertitik tolak pada alam melalui pendekatan analogi alih-alih menonjolkan arsitektur barat sebagai simbol manusia modern melalui pendekatan kategorisasi. Kemunculan arsitektur Indis adalah salah satu buktinya. Selanjutnya melalui metode kajian literatur terhadap sejarah perkembangan filsafat barat, metodologi penelitian arsitektur, dan teori-teori mengenai arsitektur kolonial Belanda di Indonesia peneliti mencoba merunut dan merumuskan bagaimana Posisi keilmuan arsitektur kolonial Belanda di Indonesia dalam konteks sejarah filsafat dan filsafat ilmu. Hasil yang didapatkan dari penelitian ini adalah bahwasanya perkembangan arsitektur kolonial di Indonesia berawal dari cara berfikir dualisme dengan mengambil alam sebagai tidak tolak, kemudian beralih menjadi cara berfikir monisme dengan revolusi industri sebagai latar belakang, dan kemudian kembali ke cara berfikir dualisme dengan menempatkan alam sebagai titik tolak pada abad ke 20.DUTCH COLONIAL ARCHITECTURE IN INDONESIA IN THE HISTORICAL CONTEXT OF PHILOSOPHY AND PHILOSOPHY OF SCIENCE                                                  Architecture is one of the cultural products of human thought that can to comprehensively describe how its relationship with the social context and the existing environmental settings. Dutch colonial architecture in Indonesia is no exception. Colonialism in Indonesia, especially those carried out by the Dutch, is one of the important historical phases in Indonesia because it can change the way of thinking architecture in the Dutch East Indies increasingly modern that is happening in the West. The influence of modernism in architecture indeed cannot be separated from the development of western society's way of thinking, which starts from the way of looking at nature and humans through a categorization and analogy approach. After a long period of time, Dutch colonial architecture in Indonesia finally could not force the full use of western architecture. The socio-cultural context and the different environmental and climatic settings were finally able to invite the architects to put forward the way of thinking that starts with nature through an analogy approach instead of highlighting western architecture as a symbol of modern humans through the categorization approach. The emergence of Indis architecture is one of the proofs. Furthermore, through the method of studying literature on the history of the development of western philosophy, architectural research methodology, and theories about Dutch colonial architecture in Indonesia researchers try to trace and formulate the scientific position of Dutch colonial architecture in Indonesia in the context of the history of philosophy and philosophy of science. The results obtained from this study are that the development of colonial architecture in Indonesia started from the way of thinking of dualism by taking nature as not rejecting, then turning into monism with the industrial revolution as a background, and then returning to the way of thinking of dualism by placing nature as a point starting in the 20th century.


1973 ◽  
Vol 155 (4) ◽  
pp. 28-39
Author(s):  
Cyril P. Svoboda

This paper is an attempt to place Piaget into an historical context. Underlying this attempt is the assumption that one's total grasp of Piaget's theory depends upon a consideration of those cultural, historical and philosophical forces influencing him. It is a look at “Piaget, the phenomenon” as opposed to “Piaget, the man.” Beginning with classical philosophical dichotomies and moving to modern world views, the article posits that Piaget's theory is a synthesis of the evolutionary - dialectical continuum. Man's vision of the world and of the idea of change is dealt with so as to arrive at what might be called the “general influences” on Piaget. The author realizes the pitfalls inherent in inferring the influences a particular philosopher, psychologist — or any other person for that matter — has on some other. While the author does not summarily presume that history has determined Piaget's theory, he does suggest with substantiation that it is not unreasonable to place Piaget within the context of the history of ideas. After discussing those influences, the author describes specific elements of Piaget's stage concept of development and how Piaget, as a philosopher, psychologist and biologist, promulgates those stages. The final section of the article poses the possibility that Piaget's abstract operational stage (Stage IV) need not be the final stage of cognitive development.


2020 ◽  
Author(s):  
Kalpana B ◽  

Subramania Bharathi is probably the greatest poet in the History of Tamil literature. Many books and articles have been written both in English and Tamil praising his works and criticizing him for the past hundred years. His works have been taken up for research, to analyze Nationalism, language, politics, literature, translation, philosophy, feminism and religion. This book entitled “Bharathi’s concept of women liberation: Legacy and novelty” analyzes his feminist thoughts and the lives of women during his period. The author of this book Dr. B. Kalpana carefully analyzes about Bharathi’s works, his period, tradition, his innovative and modern thoughts that paved the way to the future generation. In this book, Dr. B. Kalpana points out, how Bharathi overcame tradition, and became a revolutionary poet of the twentieth century. Bharathi’s feminist ideology is carefully analyzed in this book from the historical perspective.


Author(s):  
JACEK KULBAKA

Jacek Kulbaka, Special education in Poland (until 1989) – historical perspective. Interdisciplinary Contexts of Special Pedagogy, no. 27, Poznań 2019. Pp. 117–149. Adam Mickiewicz University Press. ISSN 2300-391X. e-ISSN 2658-283X. DOI: https://doi.org/10.14746/ikps.2019.27.06The article is dedicated to presenting the information regarding the origins, organisation and the activity of special schools and institutions in Europe, with the particular focus on Polish territories (from the beginning of the 19th century to the final years of the Polish People’s Republic). The text nature may be included within the framework of inquiries regarding the history of education. Referring to the wide historical context (social, political, economical, legal, outlook and other determinants), the aim of the author of the text was to introduce the accomplishments of particular individuals, and various institutions active for the children with disabilities, in the discussed period.


2012 ◽  
pp. 99-99

2019 ◽  
Vol 81 (2) ◽  
pp. 255-279
Author(s):  
Lucia Rubinelli

AbstractBicameralism is traditionally considered necessary to the principle of the limitation of power and, as such, a key feature of the liberal constitutional state. Yet the history of the French Revolution reveals that this has not always been the case and that bicameralism's relationship to liberal constitutionalism is more complex than is traditionally assumed. This article will discuss how the Abbé Sieyès, one of the founding fathers of modern constitutionalism, rejected bicameralism not only because it was contrary to the revolutionary principle of equality, but also because it did not actually succeed at limiting power. Even worse, bicameralism would threaten the constitutional system by forcing the legislative power into procedural impasses that would eventually open the way to despotism. Putting Sieyès's claims in historical perspective, the paper aims to offer some historical nuance and insights into bicameralism's relationship to liberal constitutionalism.


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