scholarly journals The Concept of Matrimonial Consent in Can. 1057 CIC 1983

Verbum Vitae ◽  
2021 ◽  
Vol 39 (4) ◽  
pp. 1217-1232
Author(s):  
Wojciech Stanisław Wąsik
Keyword(s):  
Material Object ◽  
Positive Aspect ◽  
Legal Requirements ◽  
Entire Life ◽  
Efficient Cause ◽  
Definition Of ◽  
Normative Content

The article is devoted to matrimonial consent as described in Can. 1057 CIC/83, which has replaced the former Can. 1081 CIC/17. The regulation found in this canon emphasizes the importance of matrimonial consent and constitutes the basis for all reasons for the nullification of marriage. The analyzed norm, describing matrimonial consent in the positive aspect, was formulated in the personalistic spirit and adapted to Vatican II's teachings. Can. 1057 CIC/83 was placed among the norms introducing the De matrimonio of CIC/83 part, which resulted in ordering the vision of marriage in CIC/83. The studies on the normative content of Can. 1057 §1, CIC/83, focus on matrimonial consent, which establishes the matrimonial bond and is the only efficient cause of marriage, being a bilateral consensual contract and a sacrament for those baptized. The article discusses legal requirements assuring that consent will result in contracting a valid marriage. The article explains in detail the norm, according to which a defective matrimonial consent cannot be supplemented or replaced by another legal act. The article analyses the object of matrimonial consent in Can. 1057 §2, CIC/83, which was harmonized with the definition of marriage in Can. 1055 CIC/83. Ius in corpus is no longer such an object (as it narrows marriage to a communion finding fulfillment in the sexual and procreative sphere) but rather the parties to the contract, who give themselves to one another in an analogous sense (material object) and the communion for their entire life, in all its dimensions (formal object).

Legal, Ethical, and Financial Aspects of Providing Services to Children With Swallowing Disorders in the Public Schools

2000 ◽  
Vol 31 (1) ◽  
pp. 56-61 ◽  
Author(s):  
Thomas J. O'Toole
Keyword(s):  
Risk Management ◽  
Public Schools ◽  
Service Provision ◽  
Swallowing Disorders ◽  
Legal Requirements ◽  
The Public ◽  
Speech Language Pathologist ◽  
Provision Of Services ◽  
Definition Of ◽  
Management Issues

The public schools must follow laws that deal with services for children who meet the legal requirements for having a disability. Children who have swallowing disorders that require the services of a speech-language pathologist typically meet the definition of a child with a disability. This article addresses the importance of the speech-language pathologist being aware of legal requirements for the provision of services as well as liability, ethical, and risk management issues related to the provision of such services. Financial considerations relating to service provision are also described.

Cestaro v. Italy: The European Court of Human Rights on the Duty to Criminalise Torture and Italy’s Structural Problem

2017 ◽  
Vol 17 (3) ◽  
pp. 567-585
Author(s):  
Domenico Carolei
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Code ◽  
European Convention ◽  
Structural Problem ◽  
European Court ◽  
The One ◽  
Definition Of ◽  
Normative Content ◽  
Italian Legislation

In April 2015, the European Court of Human Rights (ECtHR) ruled that Italian legislation is inadequate to criminalise acts of torture (Cestaro v. Italy). Following the ECtHR’s decision, the Italian Parliament approved the bill A.C. 2168 which aimed to introduce the crime of torture (Article 613-bis) in the Italian Criminal Code. The bill does not seem to comply with the definition of torture provided by international law, and also neglects the legislative guidelines outlined by the ECtHR in Cestaro v. Italy. The purpose of this article is twofold. On the one hand, it will assess the ECtHR’s decision focusing on Italy’s structural problem and its duty to enact and enforce efficient criminal provisions under Article 3 of the European Convention. On the other hand, it will analyse the normative content of Article 613-bis in order to highlight its weaknesses and propose, on each of them, suggestions for amendment.

scholarly journals Expanding the Meaning of the Term “Document” as a Possible Factor of Reconsideration of the Objects of Bibliometrics, Scientometrics, and Informetrics. 2. Old Definitions of the Objects of “Metrices” in the Context of the New Definition of the Term “Document”

2020 ◽  
pp. 226-242
Author(s):  
V. S. Lazarev
Keyword(s):  
Comparative Analysis ◽  
Detailed Analysis ◽  
Material Object ◽  
Starting Point ◽  
The Subject ◽  
Similarities And Differences ◽  
Broad Interpretation ◽  
Definition Of ◽  
Scientific Fields

Introduction. In the first part of the article, an attempt was made to trace some of the evolution of the concept of a “document”, which is now understood as any material object that can be used to obtain the information necessary for a person. In the second part, assuming that such an interpretation of the concept of a “document” is fruitful for possible reconsideration of viewpoints on the objects of bibliometrics, scientometrics and informetrics, a number of definitions of the objects of these three “metrices” have been examined with a speculative “inlining” the new meaning of the term “document” to the definitions of objects.Materials and methods. Comparative analysis of the viewpoints of the objects of bibliometrics, scientometrics and informetrics that were expressed in some examples of definitions of these scientific fields; speculative “inlining” the new meaning of the term “document” in them; consideration the meanings of the objects of “metrices” altered as a result of the mentioned “inlining”.Results. It is shown how noticeably the understanding of the objects of bibliometrics, scientometrics and informetrics can be revised as the result of the use of the updated “broad” interpretation of the concept of a “document” and how much the interpretations of the objects of bibliometrics, scientometrics and informetrics can be even closer in their meanings than previously was recognized.Discussion and conclusion. Such a comparative analysis of the objects of the “metrices” might be helpful for identifying both similarities and differences among bibliometrics, scientometrics and informetrics. This is important, since the awareness of them is an obvious starting point for the mutual enrichment of “metrices” with knowledge and concepts. A more complete and detailed analysis of representations of the objects of the “metrices” in comparison with the updated “broad” interpretation of the concept of the “document”, as well as a comparison of the methodological components of “metrices” is the subject of further research.

Malaysian Historical Salvors Sdn, Bhd v. Government of Malaysia

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 110-167
Keyword(s):  
Economic Development ◽  
Significant Contribution ◽  
Legal Requirements ◽  
Usual Practice ◽  
Content Type ◽  
Small Claims ◽  
Definition Of

110Jurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Whether there was an independent obligation to show that an investment satisfied the definition under Article 25 of the ICSID Convention in addition to the definition provided by the BITJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Salini test — Whether the Salini test provided mandatory legal requirements or should be considered holisticallyJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Whether there was a requirement of regularity of profit and returnJurisdiction — Investment — Economic development — ICSID Convention, Article 25 — Whether there was regularity of profit and return — Whether the investor made contributions – Whether the contributions took place over a duration of time — Whether the investor accepted risk — Whether the investor made a significant contribution to the host State’s economic developmentAnnulment — Manifest excess of powers — ICSID Convention, Article 52(1) — Jurisdiction — Interpretation — ICSID Convention, Article 25 — VCLT, Article 31 — VCLT, Article 32 — Salini test — Travaux préparatoires — Whether the preparatory works demonstrated that the drafters of the ICSID Convention left the meaning of investment for later agreement of the contracting parties — Whether elements of the Salini test were mandatory requirements of an ICSID investment — Whether a tribunal’s failure to consider the definition of investment under a BIT and thus failure to exercise jurisdiction was in manifest excess of its powersInterpretation — Travaux préparatoires — VCLT, Article 31 — VCLT, Article 32 — Whether a term must be regarded as ambiguous or obscure before a tribunal may resort to preparatory worksAnnulment — Costs — Small claims — Whether an annulment committee should depart from the usual practice of sharing equally the costs of an annulment proceeding so as not to deter small claims under the ICSID Convention

The “Open Texture” of Empirical Concepts and Linguistic Anti-Reductionism of Friedrich Waismann

2019 ◽  
Vol 56 (3) ◽  
pp. 110-122 ◽  
Author(s):  
Vitaly V. Ogleznev ◽  
Keyword(s):  
A Priori ◽  
Careful Analysis ◽  
Precise Definition ◽  
Material Object ◽  
Open Texture ◽  
Definition Of ◽  
The Way

The article presents a careful analysis of the idea of the “open texture” of empirical concepts and the problems of verification in the way that they were formulated by Friedrich Waismann. The idea of the “open texture” means for Waismann a certain type of a linguistic indeterminacy or a sort of lack of definition, which must be distinguished from, and linked to, another types like vagueness or ambiguity. It is shown that empirical statements are not conclusively verifiable for two different reasons: the incompleteness of description of the material object and the open texture of the terms involved. We cannot conclusively verify statements in which the empirical concepts are used, because we cannot define these concepts in an exhaustive way because of their open texture. Thus, the definition of the concept will be incomplete. Waismann’s approach to definition plays here a key role, and it is directly related to the open texture of concepts. The author proposes interpreting the open texture as an immanent property of the concept, as something that is embedded in it a priori, and which can cause a vagueness. Nevertheless, an open texture must be distinguished form a vagueness. This leads to the conclusion that an open texture is a possibility of vagueness; vagueness can be remedied by giving more accurate rules, open texture cannot. In this sense, the “open texture” of a language allows for a more precise definition of concepts (by adjusting the definition) if appropriate circumstances arise. This justifies the thesis that the argument of the open texture is the ontological basis of the linguistic anti-reductionism of Friedrich Waismann.

scholarly journals “Numbers, too, have significance”: Annotating Salman Rushdie

2016 ◽  
Vol 52 (1) ◽  
pp. 151-167
Author(s):  
Vijay Mishra
Keyword(s):  
Essential Feature ◽  
Salman Rushdie ◽  
Affective Domain ◽  
Scientific Activity ◽  
Material Object ◽  
Variant Reading ◽  
Guiding Principles ◽  
Definition Of ◽  
Necessary Evil

Strictly speaking, annotations do not belong to the discipline of bibliography, that is, if we follow its reading by three of the masters of the discipline: Ronald B. McKerrow, W. W. Greg and Fredson Bowers. Bibliography, in their definitions, is a scientific activity aimed at the construction of text as a “material” object. It has guiding principles that govern the quest for the “definitive” text where words are primarily iconic or indexical signs. To gloss words and sentences in support of a variant reading is a necessary evil, not something which is part of its formal principles. If textual bibliography were to accommodate some notion of annotations, as “bibliograhie de l’érudit”, then we need to make a case for annotation as an essential feature of the bibliographer’s exercise. This essay declares the legitimacy of annotation because it establishes the value of words well beyond the iconic or the indexical (the hitherto definition of the bibliographer’s object of reading). To explore this the article examines the use, in particular, of “numerology” in Salman Rushdie, annotates at length four numbers, and makes a case for their value in the organizational and thematic patterns of his novels. It is argued that numbers are also part of Rushdie’s interest in “affects” insofar as for Rushdie numbers are prior to cognition, they pre-exist consciousness and are not so much created as discovered. They also enter into the affective domain of being and are signs of the body’s visceral intensities as well as an index of its nonvolitional proclivities. In making the annotations the essay also explores the importance of intercultural annotations by giving the example of pre-colonial Indian scholarship.

scholarly journals New Challenges Towards the Ecological Management of Paliastomi Lake Will Significantly Improve the Local Environment With Far-Going Positive Global Consequences

2021 ◽  
Author(s):  
Grigol Abramia ◽  
Leila Gverdsiteli ◽  
Dimitri Eristavi ◽  
Besik Kalandadze ◽  
Akaki Girgvliani ◽  
...  
Keyword(s):  
Pathogenic Bacteria ◽  
Municipal Wastewater ◽  
Analytical Data ◽  
Point Sources ◽  
Water Levels ◽  
Biological Research ◽  
Legal Requirements ◽  
Aquatic Life ◽  
Bacterial Pollution ◽  
Definition Of

Abstract BackgroundThe purpose of the research was to provide the review of the institutional and legal requirements and evaluation of the existing sanitary-biological research of the Lake Paliastomi waters; study the current state of environment, problems of pollution from agricultural sources, municipal wastewater and industry in line with the bacterial pollution caused by migratory waterfowl of the Lake Paliastomi, an internationally recognized habitat, wintery and transit area of the birds and an important tourism site. ResultsHave been prepared the analytical data on: the review of the institutional and legal requirements; evaluation of the existing sanitary-biological research of the following waters in the Lake; definition of dynamics of sanitary-microbial indicators in flowing waters; study of biological characteristics of secreted pathogenic agents and definition of their vulnerability towards bacteriophages; mathematical simulation model on different scenarios of dissemination of chemical pollutants and pathogenic bacteria in the lake Paliastomi. The researchers identified that the pollution by nutrient-rich water causing large blooms of algae and aquatic plants that in its turn leaves little oxygen for fish and other aquatic animals, resulting in the eutrophication followed by suffocation of aquatic life.ConclusionsThe solution of problem requires complex respond: the selected spring sites, regular monitoring of nitrate contents and other basic physico-chemical water parameters; simultaneous, continuous discharge recording; monitoring and maintaining water levels in the wetlands; removing sediment and organic debris build up in wetland pond and etc.Mathematical modeling of dissemination of the pathogenic bacteria in the Lake Paliastomi enables us to permanently monitor not only the inflowing waters of Paliastomi Lake, but seasonal sources of bacterial pollution due to the migratory birds. In line with monitoring, localized prophylactic point sources spraying of Salmonella bacteriophage cocktail (SBC) by agricultural drones will be useful to restrain bacterial contamination.

scholarly journals TREATMENT OF ELECTRIC VEHICLE BATTERY WASTE IN CHINA: A REVIEW OF EXISTING POLICIES

2021 ◽  
Vol 29 (2) ◽  
pp. 111-122
Author(s):  
Wenbo Li ◽  
Muyi Yang ◽  
Ruyin Long ◽  
Kristy Mamaril ◽  
Yuanying Chi
Keyword(s):  
Electric Vehicle ◽  
Policy Makers ◽  
Entire Life ◽  
Entire Life Cycle ◽  
Policy Suggestions ◽  
Electric Vehicle Battery ◽  
Data Auditing ◽  
Definition Of ◽  
Local Agencies ◽  
Stakeholder Cooperation

This paper reviews existing policies for supporting the treatment of electric vehicle (EV) battery waste in China, and identifies some of their major shortcomings that policy makers may like to consider while making policy decisions. The shortcomings of existing policies identified in this paper include: 1) no clear provisions for historical and orphan batteries; 2) no target for battery collection; 3) unclear definition of the scope of authority among various central and local agencies involved in the regulation of waste battery treatment; 4) unclear requirements for data auditing and verification for tracking the entire life cycle of EV batteries; 5) limited consideration of the challenges to ensure stakeholder cooperation; and 6) no explicit specification of the mechanisms for financing waste battery treatment. This paper also makes some practical policy suggestions for overcoming these shortcomings.

scholarly journals The basic postulates of documentology – the general theory of documents

2021 ◽  
Vol 1 (2) ◽  
pp. 15-40
Author(s):  
Yu. N. Stolyarov
Keyword(s):  
Written Language ◽  
International Organization ◽  
Material Object ◽  
Abstract Concept ◽  
Human Beings ◽  
Basic Principles ◽  
Specific Discipline ◽  
Definition Of ◽  
Historical Periods ◽  
Material Form

The author introduces the basic principles of documentology. Its subject is the document as an abstract concept considered at the methodological, theoretical, historical and practical levels. Structurally, it is legitimate to study the document a s a w hole, a s w ell a s i n r elation t o i ts i ndividual a spects a nd f eatures. The result of this study is the division of documentology into general, special and specific discipline. The pan-civilization significance of documents as the most important masterpiece of human genius is that it enables to freeze things in time or even to turn time back – which is otherwise impossible for the human beings.The documents give the material form to ethereal thoughts and knowledge of any kind, over the entire existence of the humankind. The appearance of the written language enables to draw the line between prehistorical and historical periods of human existence. No one social function is possible without documents; the documents has been the most powerful factors of the civilization progressing. The entity of document is compared to that of information; the former is characterized mainly with its components, namely nominative, generative, material, signative, semantic, syntaxive, temporal and pragmatic. The best definition of document is given by the International Organization for Standardization (ISO): Document is “recorded information or material object which can be used as a unit in the documentation process”; in particular, the document in library collections is the recorded information or a physical matter matching the collection profile. The basic postulates of documentology are generalized; they comprise the discipline structure and laws, the general principles of creating, disseminating, storing and using the documents; as well as the core document elements.

scholarly journals The Concept of a Natural Object As an Element of the Forensic Databases

2021 ◽  
Vol 16 (2) ◽  
pp. 53-60
Author(s):  
O. B. Dronova ◽  
I. V. Ryzhkov
Keyword(s):  
Time Factors ◽  
Information Storage ◽  
Material Object ◽  
Natural Object ◽  
Material Source ◽  
Dual Nature ◽  
Theoretical Approaches ◽  
The One ◽  
Definition Of ◽  
Constituent Elements

A natural object as an element of the system of accounting and registration activities has a dual nature, which determines the multidirectional functional purposes of its use. On the one hand, as an object of reference funds, it conveys a system of properties and attributes inherent in it as in an independent material object. On the other hand, a natural object acts as one of the forms of keeping forensic records, containing important information about a trace-forming object and the mechanism of trace formation. The currently existing theoretical approaches to the definition of a “natural object” do not fully consider its specificity and the variety of its constituent elements.The article addresses the etymological, subject, and functional approaches to the essence of a natural object, determining its position and status in the system of forensic databases. The analysed features determine the possibility of using this form of information storage as an object of identification, diagnostic and situational expert research. The authors propose a “natural object” definition as a material source of primary (primary-reflected) objective information, containing a set of properties and features resistant to time factors that form derived information. The suggested definition provides a precise understanding of the considered analysed of a “natural object” for further use in departmental regulatory documents and scientific and practical works.

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