scholarly journals Faza rekonstrukcyjna derywacyjnej koncepcji wykładni - próba krytycznej analizy

2017 ◽  
pp. 7-46
Author(s):  
Krzysztof Mularski
Keyword(s):  
Subject Matter ◽  
Prima Facie ◽  
Legal Provisions ◽  
Different Types ◽  
The Subject ◽  
Legal Consequences ◽  
Transition Procedure

The subject matter of the paper is the reconstructive phase of the derivative conception of interpretation. In this phase, the task of the interpreter is to recreate (reconstruct) from provisions of law a normative expression which later becomes the subject of further interpretation aimed at obtaining (or recognising, reconstructing) norm established by the legislator. Conducting the reconstructive phase allows you to move on to the next, perceptual phase of interpretation, grouping different types of interpretation directives. The paper presents doubts raised by the derivative conception in the chosen scope and attempts to indicate its possible modifications. Especially the theses on the "transition" procedure (paraphrase, semantic derivation) from provisions of law to the normative expression are considered controversial. The proposed modifications concern primarily a thesis of the need to make a set of legal provisions relevant prima facie for determining legal consequences of a given class of events the subject matter of interpretation carried out according to the principles of the perceptual phase.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

Researching Your Topic

2021 ◽  
pp. 80-89
Author(s):  
Brenda Hargroves
Keyword(s):  
Research Methods ◽  
Subject Matter ◽  
History Plays ◽  
Correct Method ◽  
Different Types ◽  
The Subject

This chapter discusses what a researcher should consider before examining a topic or project. Understanding the context of the topic, the audience, and why the subject matter is important are critical first steps. Identifying issues surrounding the topic and determining whether history plays a role in the process must also be considered. Different types of research methods and choosing the correct method to facilitate meeting the research objective are addressed. Lastly, the author suggests various tools that should be selected to examine a topic or project.

What is Mill's Principle of Utility?

1973 ◽  
Vol 3 (1) ◽  
pp. 1-12 ◽  
Author(s):  
D. G. Brown
Keyword(s):  
Subject Matter ◽  
Recent Article ◽  
Prima Facie ◽  
Abstract Principle ◽  
The Subject ◽  
Art Of Life

In a recent article (1972) I gave reasons for attributing to Mill a restricted view of the demands of morality, according to which no conduct would be prima facie wrong unless it was harmful to others. This interpretation of Mill raises the problem of reconciling such a view of morality with the principle which Mill calls the Principle of Utility. I tried to show that a reconciliation was possible by invoking the reminder, for which we are indebted to Alan Ryan (1965, 1970) and D. P. Dryer (1969), that Mill conceived of the Principle of Utility as a very abstract principle, and said that it governed not just morality but the whole of the Art of Life. I concluded that, whatever the subject matter of Mill's Principle of Utility might be, it was not the rightness and wrongness of actions.

The Civil Litigation System

2017 ◽  
Author(s):  
Steven P. Croley
Keyword(s):  
Subject Matter ◽  
Civil Litigation ◽  
Shared Understanding ◽  
Civil Action ◽  
System P ◽  
Different Types ◽  
The Subject ◽  
Civil Cases

This chapter provides a primer to the subject matter of the book. It introduces the reader to the basic mechanics of the civil litigation system: the structure of the courts, the boundaries of litigation, the different types of civil claims and defenses, and parties to civil cases (distinguishing plaintiffs and defendants), the fundamentals of a civil action, and the overall volume of civil litigation across different types of cases, including contract, tort, and others. In addition to offering an overview of civil litigation, this chapter also emphasizes the need for a shared understanding of what the system does and what it is supposed to do—laying the groundwork for the chapters that follow.

10. Fundamental changes

Contract Law ◽  
2019 ◽  
pp. 265-302
Author(s):  
TT Arvind
Keyword(s):  
Subject Matter ◽  
Common Mistake ◽  
The Subject ◽  
The Impact ◽  
Legal Consequences

This chapter examines the doctrines of frustration and common mistake that deal with situations where fundamental changes have occurred. Frustration and common mistake apply to situations where the parties find themselves in uncharted territory. The doctrines ask courts to determine the limits of a contract, the point where the contractual framework runs out and the contract no longer holds. This chapter first considers the impact of ‘unknown unknowns’ on the contract and the distinction between frustration and common mistake before discussing frustrating events and the consequences of frustration. It also describes three types of common mistake that render the contract void: mistakes as to the existence of the subject matter, mistakes as to the possibility of performance, and certain types of mistakes as to the quality of the subject matter. Finally, it looks at the legal consequences of common mistake and remedies for common mistake.

10. Fundamental changes

Contract Law ◽  
2017 ◽  
Author(s):  
TT Arvind
Keyword(s):  
Subject Matter ◽  
Common Mistake ◽  
The Subject ◽  
The Impact ◽  
Legal Consequences

This chapter examines the doctrines of frustration and common mistake that deal with situations where fundamental changes have occurred. Frustration and common mistake apply to situations where the parties find themselves in uncharted territory. The doctrines ask courts to determine the limits of a contract, the point where the contractual framework runs out and the contract no longer holds. This chapter first considers the impact of ‘unknown unknowns’ on the contract and the distinction between frustration and common mistake before discussing frustrating events and the consequences of frustration. It also describes three types of common mistake that render the contract void: mistakes as to the existence of the subject matter, mistakes as to the possibility of performance, and certain types of mistakes as to the quality of the subject matter. Finally, it looks at the legal consequences of common mistake and remedies for common mistake.

Guy of Saint-Denis on the tones: thinking about chant for Saint-Denis c.1300

2014 ◽  
Vol 23 (2) ◽  
pp. 153-178
Author(s):  
CONSTANT J. MEWS ◽  
JOHN N. CROSSLEY ◽  
CAROL WILLIAMS
Keyword(s):  
Subject Matter ◽  
Thomas Aquinas ◽  
British Library ◽  
The Arts ◽  
Different Types ◽  
Final Item ◽  
The Subject ◽  
Ongoing Concern

ABSTRACTThis article examines the thinking of Guy of Saint-Denis about plainchant tones as formulated in his Tractatus de Tonis (c.1300), preserved as the final item in an anthology of texts that he prepared (British Library, MS Harley 281). It examines his attitude to each of the major theorists singled out in this anthology. It argues that Guy's approach to chant combines the practically oriented writings of Guido of Arezzo with the Aristotelian perspective formulated by Johannes de Grocheio, but takes that perspective a step further by reflecting on the ways different types of chant impact on the emotions. Guy was also much influenced by Peter of Auvergne, a philosopher in the Arts Faculty at Paris committed to developing the teaching of Thomas Aquinas. Careful corrections to the Tractatus in Harley 281 reflect this ongoing concern to refine his thinking, possibly stimulated by Jerome of Moravia. His core conviction is that chant modes each have an affective attribute, and need to be chosen according to the subject matter of the text being sung. Guy criticised the practice of choosing modes sequentially in liturgical offices composed by those he calls ‘moderns’. Guy argues his case by drawing on examples of chant from Saint-Denis. A case can be made, on palaeographic grounds, for identifying him with Guy of Châtres, abbot of Saint-Denis (1326–42) and author of a Sanctilogium that updates the traditional monastic martyrology by reference to more recent Dominican collections of saints' lives in order to make them more accessible for liturgical use.

Konsekwencje naruszenia prawa pierwokupu lub prawa pierwszeństwa nabycia praw udziałowych

2019 ◽  
Vol 77 ◽  
pp. 139-157
Author(s):  
Dorota Seroczyńska
Keyword(s):  
Subject Matter ◽  
Third Parties ◽  
The Other ◽  
Legal Doctrine ◽  
Other Hand ◽  
The Subject ◽  
Right Of First Refusal ◽  
Legal Consequences

Determination of the legal consequences of transfer of shares performed with violation of the pre-emptive right or right of first refusal raises serious controversy in Polish jurisprudence and legal doctrine. This article concludes that if these kind of restrictions on transferability of shares are stipulated in the articles of association or statute of the company, their breach results in suspended ineffectiveness of such action against third parties. On the other hand, violation of the pre-emptive right or right of first refusal provided outside the company’s corporate act effects, in principle, in the inter partes consequences in the form of liability for damages. The complexity of the interpretation of relevant norms concerning the subject matter requires raising de lege ferenda postulate, the purpose of which is to facilitate the determination of the nature of pre-emptive right or right of first refusal on transfer of shares and the consequences of their infringement.

Information Science and Information Systems: Converging or Diverging?

2013 ◽  
Author(s):  
Ira A Monarch
Keyword(s):  
Information Systems ◽  
Medical Informatics ◽  
Subject Matter ◽  
Information Science ◽  
Prima Facie ◽  
Journal Articles ◽  
Word Analysis ◽  
The Subject

Recent studies have claimed a disconnect between the disciplines of information science and information systems even though, prima facie, there seems to be considerable overlap or potential overlap in their respective subject matter. The present study will target representative journals in the areas of information science and information systems and examine in more detail the overlap or lack of overlap between the two fields as reflected in the co-word analysis of the titles and abstracts of these journal articles. That the subject matters of the two fields can be combined in a discipline will be shown by a similar analysis of a third field, medical informatics, a new discipline in it its own right and a seeming subject matter hybrid of information science and information systems.

Re-Characterization Risk and True Sale Principle within the Context of Asset Securitization

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Oleksandr Vygovskyy
Keyword(s):  
Subject Matter ◽  
Asset Securitization ◽  
The Subject ◽  
Legal Consequences ◽  
Oriented Approach ◽  
Exhaustive List

Abstract The aim of this paper is to determine the re-characterization risk inherent in a classic securitization project. The paper highlights the importance of making a more thorough investigation of the true-sale doctrine providing principal tools for minimization of such a risk. The author examines the legal consequences of re-characterization for a securitization project and outlines the basic factors which may lead to re-characterization. He explores the classic true-sale doctrine and suggests its better understanding within the securitization context. The existing literature provides no common approach which would help to distinguish between a sale and a secured loan in this context. This article fills a gap in the doctrine by establishing an efficient ‘purpose-oriented approach’, under which a court shall focus on the purpose of the principal transaction in securitization. We suggest the exhaustive list of criteria for characterization of such a deal which should include only adequacy of consideration paid for the receivables and adequacy of the subject-matter of the deal.

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