scholarly journals Procedural Errors in the Evidentiary Process and Their Impact on Criminal Proceedings in the Slovak Republic

2021 ◽  
Vol 13 (2) ◽  
pp. 96-110
Author(s):  
Ivana Mokra
Keyword(s):  
Law Enforcement ◽  
Slovak Republic ◽  
The Other ◽  
Necessary Condition ◽  
Criminal Proceedings ◽  
Other Hand ◽  
Procedural Error ◽  
The One ◽  
Insight Into

The lawful procedure in evidentiary process is a conditio sine qua non of the admissibility of evidence. In other words, it is a necessary condition for the admission of evidence in criminal proceedings. The violation of this condition leads to procedural errors leading to the unlawfulness of the evidence, as a result of which the accused may be acquitted. For this reason, it's the aim of this article, not only to define the procedural errors, whose incidence is particularly noticeable in providing evidence by law enforcement authorities involved in criminal proceedings, but also to analyse their impact on the outcome of the criminal proceedings, i.e. the decision about the guilt and punishment of the accused and on the basis of a specific example, to point out shortcomings which would be appropriate to prevent de lege ferenda. The presented article provides, on the one hand, a brief insight into the basic terminology related to the mentioned topic, explains the content and purpose of the legislation and on, the other hand, acquires more practical view, based on an analysis of selected example of procedural error in evidentiary process.

Part I General Aspects, 2 The IPO Process, IPO Disclosure, and the Prospectus Regulation

2020 ◽  
Author(s):  
Teerink Han
Keyword(s):  
Initial Public Offering ◽  
The Other ◽  
Business Information ◽  
Other Hand ◽  
The One ◽  
General Aspects ◽  
Public Offering ◽  
The Right ◽  
Insight Into

This chapter offers insight into a typical initial public offering (IPO) process, highlighting key practical and legal considerations around disclosure, through the IPO prospectus and otherwise. The prospectus plays a key role in the preparations for, and execution of, an IPO. As an IPO prospectus typically constitutes a company's first public dissemination of financial and business information, the company and other parties involved in the IPO process must carefully consider the right balance between, on the one hand, drafting the IPO prospectus as a marketing document introducing the company and its business to potential investors, whilst, on the other hand, being able to use the prospectus as a disclosure document that protects the company against liability arising from claims from investors or others after the IPO. Here, the chapter summarizes the different phases in an IPO process and the most important documents and parties involved, focusing on the central role of the IPO prospectus. In addition, a number of changes resulting from the enactment of the Prospectus Regulation are likely to be of particular relevance to IPO processes. The expected impact of these changes is therefore also discussed.

scholarly journals Bestuursetiek in bestuursopleiding: Retoriek of realiteit

1993 ◽  
Vol 19 (3) ◽  
Author(s):  
S. Kruger
Keyword(s):  
Business Ethics ◽  
The Other ◽  
Literature Study ◽  
Business Training ◽  
Other Hand ◽  
The Future ◽  
The Subject ◽  
The One ◽  
Insight Into

Business ethics in business training: Oratory or the actuality. This article is the culmination of an in-depth literature study. On the one hand an attempt is made to incorporate the views of different authors, while on the other hand an attempt is made to take part in the debate which is initiated by the current renewal of interest in the subject Business Ethics. Within this framework attention is paid to the question of whether business ethics can be taught and if so, to what extent it's influence will be felt. Secondly, an insight into the teaching of business ethics in the future is provided. Within this context the approach to the teaching, the content, the role of the student and the responsibility of the educator in particular are addressed. Opsomming Hierdie artikel is die resultaat van 'n indringende literatuurstudie. Daar word gepoog om enersyds verskillende skrywers se standpunte saam te vat, maar andersyds ook kritiese kommentaar te lower en deel te neem aan die debat wat deur die huidige opiewing in die belangstelling in Bestuursetiek bestaan. Binne die raamwerk sal aandag aan die volgende geskenk word: Die beantwoording van die vraag of Bestuursetiek onderrig kan word en indien wel die trefwydte daarvan. Tweedens 'n toekomsblik op die onderrig van Bestuursetiek. Binne die konteks word die benadering tot die onderrig/ die inhoud en die rol van die student en die verantwoordelikheid van die dosent bekvk.

Treasures and wondrous objects in Gothic Toledo and Muslim Medieval culture

2018 ◽  
Vol 71 (2) ◽  
pp. 142-160
Author(s):  
Jaime Gómez de Caso Zuriaga
Keyword(s):  
The Other ◽  
General Sense ◽  
Present Contribution ◽  
The Past ◽  
Modern Reader ◽  
Other Hand ◽  
The One ◽  
The Relationship ◽  
Muslim Culture ◽  
Insight Into

Abstract The aim of the present contribution is twofold. On the one hand we shall discuss the background of some Islamic legends about places and wondrous objects – holy relics of the past – that had once been in the possession of the Gothic monarchy by inheritance, but were subsequently lost or looted out of al-Andalus by the Muslim leaders. On the other hand our study is concerned with the relationship between the content of the legends in question and the “loss of Spain” in a more general sense, i.e. not only the loss of these objects by the Christian Goths subsequent to their loss of power in Spain, but also their disappearance from Muslim ownership. Besides, the legends possess a moral core, which is interesting in its own right: the way in which they are viewed in the Muslim sources, the locations and objects they describe, and their relationship to the Gothic monarchy may provide the modern reader with an insight into the striking vision of the past held by the invading Muslim culture.

scholarly journals Representation and function of characters from Greek antiquity in Benjamin Britten’s Death in Venice

Literator ◽  
2002 ◽  
Vol 23 (1) ◽  
pp. 1-18 ◽  
Author(s):  
B. Spies
Keyword(s):  
The Other ◽  
Focal Points ◽  
Other Hand ◽  
Death In Venice ◽  
The One ◽  
And Function ◽  
Insight Into

Lack of insight into Greek antiquity, more specifically the nature of classical tragedy and mythology, could be one reason for the negative reception of Benjamin Britten’s last opera Death in Venice. In the first place, this article considers Britten’s opera based on Thomas Mann’s novella as a manifestation of classical tragedy. Secondly, it is shown how mythological characters in Mann’s novella represent abstract ideas2 in Britten’s opera, thereby enhancing the dramatic impact of the opera considerably. On the one hand it is shown how the artist’s inner conflict manifests itself in a dialectic relationship between discipline and inspirat ion in Plato’s Phaedrus dialogue that forms the basis of Aschenbach’s monologue at the end of the opera. The conflict between Aschenbach’s rational consciousness and his irrational subconscious, on the other hand, is depicted by means of mythological figures, Apollo and Dionysus. Two focal points in the opera, namely the Games of Apollo at the end of Act 1 and the nightmare scene which forms the climax of the opera in Act 2, are used to illustrate the musical manifestation of this conflict.

Leibniz on Apperception and Animal Souls

Dialogue ◽  
1994 ◽  
Vol 33 (4) ◽  
pp. 701-724 ◽  
Author(s):  
Murray Miles
Keyword(s):  
The Other ◽  
Necessary Condition ◽  
Sufficient Condition ◽  
Human Beings ◽  
Mental Processes ◽  
Other Hand ◽  
Forms Of Life ◽  
The One

InLeibniz: Perception, Apperception, and Thought, Robert McRae alleges a flat “contradiction” (McRae 1976, p. 30) at the heart of Leibniz's doctrine of three grades of monads: bare entelechies characterized by perception; animal souls capable both of perception and of sensation; and rational souls, minds or spirits endowed not only with capacities for perception and sensation but also with consciousness of self or what Leibniz calls (introducing a new term of art into the vocabulary of philosophy) “apperception.” Apperception is a necessary condition of those distinctively human mental processes associated with understanding and with reason. Insofar as it is also a sufficient condition of rationality, it is not ascribable to animals. But apperception is a necessary condition of sensation or feeling as well; and animals are capable of sensation, according to Leibniz, who decisively rejected the Cartesian doctrine that beasts are nothing but material automata. “On the one hand,” writes McRae, “what distinguishes animals from lower forms of life is sensation or feeling, but on the other hand apperception is a necessary condition of sensation, and apperception distinguishes human beings from animals” (McRae 1976, p. 30). “We are thus left with an unresolved inconsistency in Leibniz's account of sensation, so far as sensation is attributable both to men and animals” (ibid., p. 34).

scholarly journals Approximating Ideal Filters by Systems of Fractional Order

2012 ◽  
Vol 2012 ◽  
pp. 1-6 ◽  
Author(s):  
Ming Li
Keyword(s):  
Fractional Calculus ◽  
Fractional Order ◽  
Point Of View ◽  
Present Approach ◽  
The Other ◽  
Necessary Condition ◽  
Ecg Signals ◽  
Other Hand ◽  
The One ◽  
Electrocardiogram Ecg

The contributions in this paper are in two folds. On the one hand, we propose a general approach for approximating ideal filters based on fractional calculus from the point of view of systems of fractional order. On the other hand, we suggest that the Paley and Wiener criterion might not be a necessary condition for designing physically realizable ideal filters. As an application of the present approach, we show a case in designing ideal filters for suppressing 50-Hz interference in electrocardiogram (ECG) signals.

scholarly journals Space, Place, Haven: Levinas’s Phenomenology of Home

Problemos ◽  
2020 ◽  
pp. 58-68
Author(s):  
Jolanta Saldukaitytė
Keyword(s):  
Emmanuel Levinas ◽  
The Other ◽  
Space And Place ◽  
Necessary Condition ◽  
Natural Place ◽  
Other Hand ◽  
The World ◽  
Positive Meaning ◽  
The One

By distinguishing between space and place, the article situates and analyses the meaning of the closest place – home – in the philosophy of Emmanuel Levinas. The effort to encounter transcendence, to escape, to leave, to not be attached a particular place, and not to be driven by a nostalgia to return, is dominant in Levinas’s philosophy. This article shows that dwelling in a place, as settling in a home, also has a positive meaning for Levinas. This positive meaning comes, however, not from an ontological but from an ethical relationship with a place. The home is shown as chosen place, warm and human, as opposed to a given or natural place. On the one hand, the home is a necessary condition for security, but also the very condition of interiority and activity, of having the place in the world in contrast to thrownness. On the other hand, it is not a place where I is embodied and rooted in like a vegetable, but a place where I welcome the other.

scholarly journals Language and Its Limits: Meaning, Reference and the Ineffable in Buddhist Philosophy

Topoi ◽  
2021 ◽  
Author(s):  
Johan Blomberg ◽  
Przemysław Żywiczyński
Keyword(s):  
Philosophy Of Language ◽  
Buddhist Philosophy ◽  
The Other ◽  
Conceptual Thinking ◽  
Linguistic Description ◽  
Other Hand ◽  
Buddhist Doctrine ◽  
Similarities And Differences ◽  
The One ◽  
Insight Into

AbstractBuddhist schools of thought share two fundamental assumptions about language. On the one hand, language (śabda) is identified with conceptual thinking (kalpanā), which according to the Buddhist doctrine (dharma) separates us from the momentary and fleeting nature of reality (satya, “truth”). Language is comprised of generally applicable forms, which fuel the reificatory proclivity for clinging to the distorted – and ultimately fictious – belief in substantial existence. On the other hand, the distrust of language is mitigated by the doctrine of ineffability (anirdeśya), which although asserts that reality is beyond the scope of linguistic description, submits that philosophical analyses of key Buddhist concepts is a means of overcoming the limitations that language imposes on our experience and facilitating insight into the nature of reality (bodhi). This paper provides an overview of Buddhist philosophy of language, with an emphasis on the dialectical view of language as indispensable but ultimately insufficient for contemplation. The Buddhist discussions of ineffability are explicated and compared with its treatment in modern Occidental thought, specifically the similarities and differences with Wittgenstein’s philosophy of language.

Black Pentecostal Hermeneutics?

Pneuma ◽  
2019 ◽  
Vol 41 (2) ◽  
pp. 193-217
Author(s):  
Antipas L. Harris
Keyword(s):  
Social Justice ◽  
Black Theology ◽  
The Other ◽  
Critical Dialogue ◽  
Social Advocacy ◽  
Other Hand ◽  
Black Pentecostal ◽  
The One ◽  
Insight Into

Abstract This essay advances hermeneutical insights for emerging black pentecostal scholars to consider. The salient question is, “What distinguishes black Pentecostalism?” This study revisits James H. Cone’s sources for black theology for insight into the role of blackness in shaping black Pentecostalism. On the one hand, the study dispels the myth that black Pentecostalism is inherently a spiritual alternative to the fight for social justice. On the other hand, it calls for critical dialogue between Cone’s sources for black theology and black Pentecostalism to advance scholarship on the formation of black pentecostal hermeneutics. This essay explains that blackness is more than a cultural and experiential reality. Blackness is a theological source that correlates with other sources in shaping black Pentecostalism. Blackness, moreover, legitimates black pentecostal proclivities for the integration of the faith, spirituality, and social advocacy. Theological blackness in Pentecostalism has historically distinguished black Pentecostalism from subsequent white Pentecostalism.

A lacanian reply to Marx : the necessity of topology in the formation of the social

2019 ◽  
Author(s):  
◽  
Lawrence Loiseau
Keyword(s):  
The Other ◽  
University Of Missouri ◽  
Other Hand ◽  
The Social ◽  
Social Link ◽  
True Source ◽  
The Subject ◽  
The One ◽  
The University ◽  
Insight Into

[ACCESS RESTRICTED TO THE UNIVERSITY OF MISSOURI AT REQUEST OF AUTHOR.] This study addresses Lacan's comments on Marx. While much has been done towards reading Marx with psychoanalysis generally, little had has been done to unpack the meaning and extent of Lacan's own statements on Marx. For example, while Lacanian Marxists like Slavoj Zizek have wielded Lacan to great effect in a critique of post-structuralism, they have neglected the full meaning and complexity of Lacan's own stance. What is argued thereby is that Zizek not only omits the discrete knowledge within Lacan's commentary, but misses what I describe as a Lacan's theory of the social. On the one hand, it is commonly known in Lacanian thought that discourse is responsible for making the subject. On the other hand, what is less known is that Lacan defined discourse as that which makes a social link which, in contrast with Marxist thought, introduces a certain affect and materialism premised on discourse itself, commonly known, but also for providing the underlying strata of topology (namely, paradox) requisite for making any social link between subjects. Although less commonly known, we can nevertheless gain new insight into Marx. On the one hand, Lacan concedes Marx's underlying structuralism. On the other hand, Marx fails to see the true source of discourse's origins, the real itself, and consequently fails to see the true efficacy of discourse. He fails to see how discourse, although negative, stands as entirely positive and material in its distinctive effects. Discourse negotiates subjects and their inimitable objects of desire in this singularity itself. This is where true production lies; it is that which precedes any social or economic theory, which are otherwise premised on reality. Lacan rejects reality.

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