scholarly journals THE LIAR’S PARADOX –A WILD INTERATION. PART II. DIFTHONG «ARISTOTEL-ANOKHIN» (CONTINUATION)

Author(s):  
Elena Menshikova

There are more and more precedents with offended infants of 30-40 years old — they are not emotionally abstinent, because they are in an artificial coma of infantilism, in which ‘desire’ has replaced ‘sacrifice’, and are clearly hypocritical, which is why the Holiday of Disobedience, hanging around the planet with a blinking garland of conflicts and wars, creates a turbulent zone in which the bifurcation points are taken out — beyond the orbit of common understanding, turning Consciousness into the quietest Sphinx, producing hypotheses. The saying, willingly or unwittingly, can become a “winged missile” — and destroy the whole world, good or bad, but the theory created by the presentiment of scientific research can help keep it in health and in the flesh of a divine plan, but on one condition: while maintaining peace and the will of Consciousness — the indispensable parity of the Mind, which multiplies both entities and doubt as paradox, whose mental albatrosses format our understanding. Thus, a hypothesis based on a paradox forms the Image of the Concept, and thereby builds a fundamental frame of the worldview, without belittling the elephants, and without forgetting the whale. In our world, a liar as Caesar’s wife turns out to be beyond suspicion, and, therefore, discussion, and his figure is so transparent and nano-technological that it has long been soldered into the ‘scale of errors’ of all perception — and this is the toothless sperm whale that substituted its back for the pillars of thinking, which is why not only looms as a wise turtle, but is also perceived by a cheerful Buddha. From time to time, the whale opens its mouth — and we all find ourselves in its throat, and the liar himself is outside the Law, outside the conflict, but in the Law: in the legal field of the Absolute, who knows only the doctrine of exclusiveness and the purple of shamelessness is accustomed.

Author(s):  
Elena Menshikova

There are more and more precedents with offended infants of 30–40 years old – they are not emotionally abstinent, because they are in an artificial coma of infantilism, in which ‘desire’ has replaced ‘sacrifice’, and are clearly hypocritical, which is why the Holiday of Disobedience, hanging around the planet with a blinking garland of conflicts and wars, creates a turbulent zone in which the bifurcation points are taken out – beyond the orbit of common understanding, turning Consciousness into the quietest Sphinx, producing hypotheses. The saying, willingly or unwittingly, can become a “winged missile” – and destroy the whole world, good or bad, but the theory created by the presentiment of scientific research can help keep it in health and in the flesh of a divine plan, but on one condition: while maintaining peace and the will of Consciousness – the indispensable parity of the Mind, which multiplies both entities and doubt as paradox, whose mental albatrosses format our understanding. Thus, a hypothesis based on a paradox forms the Image of the Concept, and thereby builds a fundamental frame of the worldview, without belittling the elephants, and without forgetting the whale. In our world, a liar as Caesar’s wife turns out to be beyond suspicion, and, therefore, discussion, and his figure is so transparent and nano-technological that it has long been soldered into the ‘scale of errors’ of all perception – and this is the toothless sperm whale that substituted its back for the pillars of thinking, which is why not only looms as a wise turtle, but is also perceived by a cheerful Buddha. From time to time, the whale opens its mouth – and we all find ourselves in its throat, and the liar himself is outside the Law, outside the conflict, but in the Law: in the legal field of the Absolute, who knows only the doctrine of exclusiveness and the purple of shamelessness is accustomed.


2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.


2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
The Will ◽  

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.


2020 ◽  
Vol 63 (10) ◽  
pp. 74-87
Author(s):  
Irina N. Sidorenko

 The author analyzes the conceptions of ontological nihilism in the works of S. Kierkegaard, F. Nietzsche, M. Heidegger, E. Jünger. On the basis of this analysis, violence is defined as a manifestation of nihilism, of the “will to nothingness” and hypertrophy of the self-will of man. The article demonstrates the importance of the problem of nihilism. The nihilistic thinking of modern man is expressed in the attitude toward a radical transformation of the world from the position of his “absolute” righteousness. The paradox of the current situation is that there is the reverse side of this transformative activity, when there is only the appearance of action and the dilution of responsibility. Confidence in the rightness of own views and beliefs increases the risk of the violent imposition of own vision of reality. Historical and philosophical reconstruction of the conceptions of nihilism allowed to reveal the following projects of its comprehension and resolution: (1) the project of “positing of values,” which consists in the transformation of the evaluation, which is understood as another perspective of positing values, leading to the affirmation of being; (2) the project of overcoming nihilism from the space of temporality, carried out through the resoluteness to accept the historicity of own existence; (3) the project of overcoming nihilism as the oblivion of being from the spatial perspective of the “line,” allowing to realize the “glimpse” of being. The author concludes that it is impossible to solve the problem of violence and its various forms of its manifestation without overcoming “ontological nihilism.” Significant role in solving the problem of ontological violence is assigned to philosophy as a critical and responsible form of thinking, which is capable to help a person to bear the burden of the world, to provide meanings and affirm being, as well as to unite people and resist the fundamentalist claims of exclusivity and rightness.


2018 ◽  
pp. 38-74
Author(s):  
Barry Rider

This article is focused on exploration not merely proposed developments in and refinements of the law and its administration, but the very significant role that financial intelligence can and should play in protecting our societies. It is the contention of the author that the intelligence community at large and in particular financial intelligence units have an important role to play in protecting our economies and ensuring confidence is maintained in our financial institutions and markets. In this article the author considers a number of issues pertinent to the advancement of integrity and in particular the interdiction of corruption to some degree from the perspective of Africa. The potential for Africa as a player in the world economy is enormous. So far, the ambiguous inheritance of rapacious empires and the turmoil of self-dealing elites in post-colonial times has successfully obscured and undermined this potential. Indeed, such has been the mismanagement, selfishness and importuning that many have grave doubts as to the ability of many states to achieve an ordered transition to what they could and should be. South Africa is perhaps the best example of a society that while avoiding the catastrophe that its recent past predicted, remains racked by corruption and mismanagement. That there is the will in many parts of the continent to further stability and security by addressing the cancer of corruption, the reality is that few have remained or been allowed to remain steadfast in their mission and all have been frustrated by political self-interest and lack of resources. The key might be education and inter-generational change as it has been in other parts of the world, but only an optimist would see this coming any time soon – there is too much vested interest inside and outside Africa in keeping things much as they are! The author focuses not so much on attempting to perfect the letter of the law, but rather on improving the ways in which we administer it.


1931 ◽  
Vol 25 (3) ◽  
pp. 700-703
Author(s):  
Joseph S. Roucek

The law for the reorganization of central administration and the law on local administration (July 20, 1929) sponsored by the National Peasant government of Roumania have recently been put into effect. Both measures were drafted by Professors Negulescu, of the University of Bucharest, and Alexianu, of the University of Cernauţi. Their adoption comprises one of the most thorough governmental reforms in the history of the Balkans.The structure of the Roumanian government was, until very recently, almost completely copied from the French system. Roumania was a typical example of a unitary organization. The whole power of government was centralized in Bucharest. Practically all powers of local government were derived from the central authority, and were enlarged and contracted at the will of Bucharest. The whole system lent itself admirably to the domination of the National Liberal party, guided up to 1927 by Ion I. C. Brǎtianu, and after his death by his brother, Vintilǎ I. C. Brǎtianu, who died last year.Since the strength of the National Peasant party, which assumed the reins in 1928, lies largely in the provinces acquired at the close of the World War, a decentralization of government was to be expected. The bitter resentment of Maniu and his associates toward the over-centralization which favored the policies of the Bratianus forced the recent overhauling of the governmental structure, tending toward federalism—a form which takes cognizance of the differences of the past and present between the old kingdom and the new provinces and attempts to extend democratic features of self-rule to the electorate. At the same time, it attempts to secure bureaucratic expertness.


Author(s):  
Krystyna Szczepanowska-Kozłowska

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.


1948 ◽  
Vol 41 (2) ◽  
pp. 123-145 ◽  
Author(s):  
Perry Miller

The reputation of Jonathan Edwards, impressive though it is, rests upon only a fragmentary representation of the range or profundity of his thinking. Harassed by events and controversies, he was forced repeatedly to put aside his real work and to expend his energies in turning out sermons, defenses of the Great Awakening, or theological polemics. Only two of his published books (and those the shortest), The Nature of True Virtue and The End for which God Created the World, were not ad hoc productions. Even The Freedom of the Will is primarily a dispute, aimed at silencing the enemy rather than expounding a philosophy. He died with his Summa still a mass of notes in a bundle of home-made folios, the handwriting barely legible. The conventional estimate that Edwards was America's greatest metaphysical genius is a tribute to his youthful Notes on the Mind — which were a crude forecast of the system at which he labored for the rest of his days — and to a few incidental flashes that illumine his forensic argumentations. The American mind is immeasurably the poorer that he was not permitted to bring into order his accumulated meditations.


2021 ◽  
Vol 49 (3) ◽  
pp. 311-336
Author(s):  
Tyrell Haberkorn
Keyword(s):  

Since the end of the absolute monarchy in Thailand on June 24, 1932, the rulers and the ruled have been locked into struggle, often violent, over what form the polity and the people’s participation in it should take. This essay examines this struggle, the imagination of justice, and the inability to consolidate democracy, or even a stable government, through the lens of the monarchy, which has remained beyond accountability. Violence committed to preserve the monarchy forecloses democracy and fosters a form of what can be called modern absolutist monarchy, when some lives are visibly placed beyond the law’s protection from violence and others are made dispensable by being made subject to repressive enforcement of the law. The emergence in 2020 of a daring challenge to the position of the monarchy beyond the law refracts both the dangers it poses to democracy and the urgency of imagining a new Thai polity.


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