In the same vein he presses the definition of trauma as attempted murder (§§41–3), a charge which in the seriousness both of allegation and punishment is disproportionate to the activity which engendered it. In the process he distorts the legal position on wounding with intent. He treats intent as though it necessarily involved premeditation in the fullest sense. In fact, the presentation of wounding, both in Dem. 54.18–19 (Case VI) and [Dem.] 40.32 (not in this collection), as arising out of an escalating quarrel would suggest that intentional wounding was treated as attempted homicide even if it occurred in the heat of the moment. Is the speaker guilty? We may reasonably accept that witness testimony supports the claim that Simon and his gang pursued the boy through the streets. Clearly Simon is no innocent victim of violence. But there are two features of the defence which leave one dissatisfied (in the study, though possibly not in the lawcourt on the day). Instead of arguing bluntly that he at no time wounded him, the speaker is content to give us a blurred impression of a confused street fight in which everyone received some injury (§18). In view of this evasion it is difficult to resist the conclusion that Simon was actually injured (how seriously it is impossible to guess). The other suspicious feature is the presence of the speaker and the boy in the vicinity of Simon’s house on the day in question. If the retiring personality he projects is real, it is surprising to see him taking such a risk. This lends some support to Simon’s version. The interval between alleged offence and prosecution suggests that Simon has been waiting for an opportunity for revenge. Little detail emerges about Theodotos, the cause of the quarrel, in all this; the mention of the possibility of his being questioned under torture (§33) suggests that he may have been a slave. This text is also interesting for the light it casts on Athenian attitudes to homosexuality. It was common for grown males to form erotic relationships with pubescent youths (as in the present case), and this is the normal expectation for homoerotic relationships. Although by no means all Athenian writers approve of the practice, there is a broad acceptance that such desires are normal, as can be seen from the fact that the speaker’s embarrassment at the opening concerns the strength of his passion, its unseemliness for one of his age, and the situations into which it drew him, rather than the gender of the love object. Likewise, at §43 he sets his quarrel on the same level as fights over mistresses (hetairai, courtesans slave or free). Attitudes to, and the etiquette of,

2002 ◽  
pp. 91-91
Keyword(s):  
The Other ◽  
Witness Testimony ◽  
Innocent Victim ◽  
Attempted Murder ◽  
Normal Expectation ◽  
Legal Position ◽  
The Moment ◽  
Definition Of ◽  
A Charge ◽  
Suspicious Feature

Pozycja ustrojowa parlamentu finlandzkiego Eduskunty

2019 ◽  
Vol 1 ◽  
pp. 145-162
Author(s):  
Viktoria Serzhanova
Keyword(s):  
Internal Structure ◽  
Structure Functions ◽  
Precise Definition ◽  
The Other ◽  
Basic Law ◽  
Form Of Government ◽  
Rules Of Procedure ◽  
The Subject ◽  
The Moment ◽  
Definition Of

The hereby paper takes up the analysis of the constitutional position of the Finnish parliament Eduskunta from the moment of its establishment and as a result of its development during the centuries, with a special attention paid to the present normative state and on the basis of the hitherto constitutional practice. It aims at deriving the origin and presenting the evolution of this authority at the Finnish lands, which in consequence leads to reliable conclusions in the scope of determining its current constitutional position in the system of the supreme state authorities of Finland. The subject of the paper focuses on the analysis of the beginnings of Eduskunta’s formation and Finnish parliamentarianism, its further evolution, current composition, internal structure, functions and competences presented on the basis of the exegesis of the provisions of the binding basic law of 1999 and the parliament’s rules of procedure. The constitutional principles referring to the parliament and the analysis of Eduskunta’s relations with the other supreme state authorities, which determine the state’s form of government, seem to be of particular significance in this context, as they contribute to a more precise definition of Eduskunta’s constitutional position, as well as to pointing out its originality and dissimilarity regarding other contemporary democratic states.

Drøftelse vedrørende anerkendelsesproceduren

1979 ◽  
Vol 48 (1-4) ◽  
pp. 171-172
Keyword(s):  
Human Rights ◽  
Executive Committee ◽  
The Other ◽  
Minor Importance ◽  
Legal Counsel ◽  
Refugee Status ◽  
Refugee Law ◽  
Legal Position ◽  
The One ◽  
Definition Of

AbstractThe extra territorial effect of the recognition as a refugee was discussed at length. On the one hand it was pointed out that the UNHCR Executive Committee had decided that other countries should recognize a refugee status which has been awarded once. As a consequence, states would be more restrictive to grant A status than B status. On the other hand, it was stressed that the refugee is primarily interested in receiving protection from one country, and the extra territorial effect is of relatively minor importance. Actual difference in the recognition practice of different countries also works against attaching too much importance to the extra territorial effect. It was suggested that the extra territorial effect could work by way of a rule of presumption so that a refugee status awarded in one country implies a presumption (which can be broken) that other countries will recognize this status. The closer resemblance between the national and the international definition of refugees, the greater the extra territorial effect. It was said that a number of the problems in Swedish refugee law which Nobel had pointed out would be solved by the new aliens bill. It was mentioned and criticized that the refugee definition contained in the bill is much more limited than the existing legislation and falls back on the level of the 1951 Concention. Particularly concerning the legal position in Denmark it was pointed out that pre-screening at the border is a serious problem which needs research. Another problem is the lack of explicit grounds for rejection, in particular in doubtful cases. Legal counsel might help to solve this problem to some extent. The most serious problem is, however, the lack of the possibility of appeal. It was suggested to establish a tribunal to decide problems of asylum in a Nordic context inter alia to deal with problems of the first country of asylum rule. It was also suggested to establish a European tribunal to decide problems of asylum resembling the European Commission on Human Rights. Arguments in favour of and against establishing independent national tribunals to decide asylum questions were put forward. It was suggested that the present Danish arrangement whereby the Danish refugee Council is heard in all doubtful or negative cases affords a much better possibility for a humanitarian input into the decision.

scholarly journals Insolvency as a material and legal basis for initiating bankruptcy proceedings against business organizations

2021 ◽  
pp. 47-51
Author(s):  
Y.O. Serebryakova
Keyword(s):  
Balance Sheet ◽  
Scientific Article ◽  
Business Organizations ◽  
Legal Basis ◽  
Combined Application ◽  
The Supreme Court ◽  
Legal Position ◽  
Bankruptcy Procedure ◽  
The Moment ◽  
Definition Of

In this scientific article, the author discloses the definition of insolvency as a substantive legal basis for opening bankruptcy proceedings. It is emphasized that the grounds for initiating bankruptcy proceedings enshrined in the Bankruptcy Procedure Code are not consistent with the concept of insolvency of the debtor, which is enshrined in part one of Article 1 of this Code, as their combined application does not require establishing the debtor's ability to meet its monetary obligations. to creditors after the due date solely through the application of bankruptcy proceedings. It is established that the courts do not establish the facts of the debtor's signs of insolvency, taking into account the concept of insolvency, which is enshrined in law. It is alleged that the postponement of the moment of proving insolvency to the stage of disposition of the debtor's property is the cause of cases of unreasonable application to the debtor of the consequences of bankruptcy proceedings, namely, a moratorium on creditors' claims, restriction of the debtor to decide on his property. It is emphasized that the existing legal position of the Supreme Court on the moment of establishing the solvency of the debtor is unconstructive, as it allows the opening of bankruptcy proceedings against debtors who have no signs of insolvency, but simply perform their obligations in bad faith. It is noted that insolvency is an economic category, requires knowledge of the balance sheet of the enterprise, the economic component of its assets and liabilities, and so on. In order to establish the facts of bankruptcy, fictitious bankruptcy or hidden bankruptcy, it is proposed to conduct a mandatory economic examination of the debtor before initiating bankruptcy proceedings.

scholarly journals ENVIRONMENTAL RECLAMATION AS STRATEGY FOR SUSTAINABILITY

2016 ◽  
Vol 13 (27) ◽  
pp. 109-133
Author(s):  
Adriano Bressane ◽  
Admilson Írio Ribeiro ◽  
Gerson Araujo de Medeiros
Keyword(s):  
Public Policy ◽  
Environmental Change ◽  
The Other ◽  
Brazilian Legislation ◽  
Environmental Recovery ◽  
Environmental Public Policy ◽  
Analytical Research ◽  
The Moment ◽  
Multidisciplinary Perspective ◽  
Definition Of

The environmental change by the society is recurring and has been intensified since the first civilizations. However, the lack of conservationist practices has caused the emergence of degraded areas, whose recovery is fundamental for the sustainability. In this context, this paper aims at analyzing the environmental recovery as a public policy strategy supported in the Brazilian legislation. As methodology, a documental and analytical research was developed on the regulations, discussed at a multidisciplinary perspective, from the view of legal and engineering specialists, from the agricultural and environmental areas. As a result, it was identified a collection of rules pointing at a significant commitment on the definition of guidelines. On the other hand, this meaningful quantity of legal mechanisms, associated to misalignment, may cause damages to its effectiveness. In conclusion, we can consider that environmental reclamation is widely regulated, and it represents one of the main strategies of the environmental public policy adopted in Brazil. Nevertheless, it still requires advances to combine harmoniously practical and theoretical-conceptual aspects. Thus, considering the moment that Brazil is consolidating a new Forestry Code, we hope that the achieved outcomes can contribute to the debate and mobilization about the environmental reclamation as a strategy for sustainability. 

Immunoferritin localization of intracellular antigens in positively stained frozen sections

1978 ◽  
Vol 36 (2) ◽  
pp. 168-169
Author(s):  
K. T. Tokuyasu
Keyword(s):  
Surface Tension ◽  
Water Surface ◽  
Thin Layers ◽  
The Other ◽  
Positive Staining ◽  
Frozen Sections ◽  
The Past ◽  
Ultrathin Frozen Sections ◽  
Definition Of

During the past investigations of immunoferritin localization of intracellular antigens in ultrathin frozen sections, we found that the degree of negative staining required to delineate u1trastructural details was often too dense for the recognition of ferritin particles. The quality of positive staining of ultrathin frozen sections, on the other hand, has generally been far inferior to that attainable in conventional plastic embedded sections, particularly in the definition of membranes. As we discussed before, a main cause of this difficulty seemed to be the vulnerability of frozen sections to the damaging effects of air-water surface tension at the time of drying of the sections.Indeed, we found that the quality of positive staining is greatly improved when positively stained frozen sections are protected against the effects of surface tension by embedding them in thin layers of mechanically stable materials at the time of drying (unpublished).

The Final ‘Thank You’

Derrida Today ◽  
2010 ◽  
Vol 3 (1) ◽  
pp. 21-36
Author(s):  
Grant Farred
Keyword(s):  
South Africa ◽  
South African ◽  
Jacques Derrida ◽  
Political Transition ◽  
The Other ◽  
World Cup ◽  
The Core ◽  
Nelson Mandela ◽  
Black President ◽  
The Moment

‘The Final “Thank You”’ uses the work of Jacques Derrida and Friedrich Nietzsche to think the occasion of the 1995 rugby World Cup, hosted by the newly democratic South Africa. This paper deploys Nietzsche's Zarathustra to critique how a figure such as Nelson Mandela is understood as a ‘Superman’ or an ‘Overhuman’ in the moment of political transition. The philosophical focus of the paper, however, turns on the ‘thank yous’ exchanged by the white South African rugby captain, François Pienaar, and the black president at the event of the Springbok victory. It is the value, and the proximity and negation, of the ‘thank yous’ – the relation of one to the other – that constitutes the core of the article. 1

Macaronics as What Eludes Translation

Paragraph ◽  
2015 ◽  
Vol 38 (2) ◽  
pp. 214-230
Author(s):  
Haun Saussy
Keyword(s):  
Print Culture ◽  
The Other ◽  
Digital Code ◽  
Avant Garde ◽  
The Moment

‘Translation’ is one of our all-purpose metaphors for almost any kind of mediation or connection: we ask of a principle how it ‘translates’ into practice, we announce initiatives to ‘translate’ the genome into predictions, and so forth. But the metaphor of translation — of the discovery of equivalents and their mutual substitution — so attracts our attention that we forget the other kinds of inter-linguistic contact, such as transcription, mimicry, borrowing or calque. In a curious echo of the macaronic writings of the era of the dawn of print, the twentieth century's avant-garde, already foreseeing the end of print culture, experimented with hybrid languages. Their untranslatability under the usual definitions of ‘translation’ suggests a revival of this avant-garde practice, as the mainstream aesthetic of the moment invests in ‘convergence’ and the subsumption of all media into digital code.

Computational and experimental studies of the strength of full-scale samples of pipes with defects "metal loss" and "dent with groove"

2020 ◽  
Vol 10 (3) ◽  
pp. 226-233
Author(s):  
Dmitry A. Neganov ◽  
◽  
Victor M. Varshitsky ◽  
Andrey A. Belkin ◽  
◽  
...  
Keyword(s):  
Internal Pressure ◽  
Experimental Studies ◽  
Full Scale ◽  
The Other ◽  
Metal Loss ◽  
Calculation Methods ◽  
Reliable Operation ◽  
Sufficient Stability ◽  
Comparative Results ◽  
The Moment

The article contains the comparative results of the experimental and calculated research of the strength of a pipeline with such defects as “metal loss” and “dent with groove”. Two coils with diameter of 820 mm and the thickness of 9 mm of 19G steel were used for full-scale pipe sample production. One of the coils was intentionally damaged by machining, which resulted in “metal loss” defect, the other one was dented (by press machine) and got groove mark (by chisel). The testing of pipe samples was performed by applying static internal pressure to the moment of collapse. The calculation of deterioration pressure was carried out with the use of national and foreign methodical approaches. The calculated values of collapsing pressure for the pipe with loss of metal mainly coincided with the calculation experiment results based on Russian method and ASME B31G. In case of pipe with dent and groove the calculated value of collapsing pressure demonstrated greater coincidence with Russian method and to a lesser extent with API 579/ASME FFS-1. In whole, all calculation methods demonstrate sufficient stability of results, which provides reliable operation of pipelines with defects.

scholarly journals Language Family Engineering with Product Lines of Multi-level Models

2021 ◽  
Author(s):  
Juan de Lara ◽  
Esther Guerra
Keyword(s):  
Software Engineering ◽  
Arbitrary Number ◽  
Formal Theory ◽  
The Other ◽  
Language Family ◽  
Top Down ◽  
Product Lines ◽  
Modelling Languages ◽  
Multi Level ◽  
Definition Of

AbstractModelling is an essential activity in software engineering. It typically involves two meta-levels: one includes meta-models that describe modelling languages, and the other contains models built by instantiating those meta-models. Multi-level modelling generalizes this approach by allowing models to span an arbitrary number of meta-levels. A scenario that profits from multi-level modelling is the definition of language families that can be specialized (e.g., for different domains) by successive refinements at subsequent meta-levels, hence promoting language reuse. This enables an open set of variability options given by all possible specializations of the language family. However, multi-level modelling lacks the ability to express closed variability regarding the availability of language primitives or the possibility to opt between alternative primitive realizations. This limits the reuse opportunities of a language family. To improve this situation, we propose a novel combination of product lines with multi-level modelling to cover both open and closed variability. Our proposal is backed by a formal theory that guarantees correctness, enables top-down and bottom-up language variability design, and is implemented atop the MetaDepth multi-level modelling tool.

Identity, Community and Belonging in gcc States

2018 ◽  
Vol 6 (4) ◽  
pp. 401-428
Author(s):  
Miriam R. Lowi
Keyword(s):  
Religious Affiliation ◽  
Protective Role ◽  
The Other ◽  
National Project ◽  
Scholarly Literature ◽  
National Community ◽  
The Difference ◽  
Definition Of

Studies of identity and belonging in Gulf monarchies tend to privilege tribal or religious affiliation, if not the protective role of the ruler as paterfamilias. I focus instead on the ubiquitous foreigner and explore ways in which s/he contributes to the definition of national community in contemporary gcc states. Building upon and moving beyond the scholarly literature on imported labor in the Gulf, I suggest that the different ‘categories’ of foreigners impact identity and the consolidation of a community of privilege, in keeping with the national project of ruling families. Furthermore, I argue that the ‘European,’ the non-gcc Arab, and the predominantly Asian (and increasingly African) laborer play similar, but also distinct roles in the delineation of national community: while they are differentially incorporated in ways that protect the ‘nation’ and appease the citizen-subject, varying degrees of marginality reflect Gulf society’s perceptions or aspirations of the difference between itself and ‘the other(s).’

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