scholarly journals Kepler’s Tertius Interveniens

1997 ◽  
Vol 1 (01) ◽  
pp. 51-54
Author(s):  
Ken Negus

Tertius Interveniens, written in 1610, is one of Kepler's most powerful and passionate treatises on astrology, written as a defence of the subject against extremists on both sides, on the one hand those who would condemn astrology altogether, and on the other those who accepted everything said and done in its name, no matter how preposterous. Hence he is the ‘third party intervening’, as indicated by the title.

2022 ◽  
Vol 10 (1) ◽  
pp. 168-181
Author(s):  
Ericbert Tambou Kamgue

Levinasian philosophy is characterized as a philosophy of ethical subjectivity and asymmetrical responsibility. Ethics is understood as the subject that gives itself entirely to the Other. However, the Other is never alone. His face attests to the presence of a third party who, looking at me in his eyes, cries for justice. There is no longer any question for the subject to devote himself entirely to the Other (ethical justice), to give everything to him at the risk of appearing empty-handed before the third party. How then to serve both the Other and the third party? The question of the political appears in the thought of Levinas with the emergence of the third party who, like the Other, challenges me and commands me (social justice). The third party establishes a political space. Politics is in the final analysis the place of the universalization of the ethical requirement born from face-to-face with the face of the Other.


Author(s):  
Krebs Thomas

Article 2.2.1 provides an overview of the scope of Section 2.2 of the UNIDROIT Principles of International Commercial Contracts (PICC), which deals with authority of agents. Section 2.2 governs the authority of a person (‘the agent’), to affect the legal relations of another person (‘the principal’), by or with respect to a contract with a third party, whether the agent acts in its own name or in that of the principal. It governs only the relations between the principal or the agent on the one hand, and the third party on the other. This commentary discusses legal relations ‘by or with respect to a contract’, authority to affect the legal relations of another person, agent acting in its own name or in that of the principal, internal aspects of agency, and exclusion of agency by operation of law.


Kybernetes ◽  
2018 ◽  
Vol 47 (5) ◽  
pp. 854-872 ◽  
Author(s):  
Kaiying Cao ◽  
Qiushi Bo ◽  
Yi He

Purpose This paper aims to study whether the recycling of a third party competes with the trade-in service of a manufacturer, and explores the optimal trade-in and third-party collection authorization strategies for the manufacturer. Design/methodology/approach According to whether to authorize a third party to collect its used products, the manufacturer has two choices: one is not authorization (NA); the other is authorization (A). This paper uses profit-maximization model to investigate the optimal decisions of the manufacturer and the third party under NA and A, respectively, and then explores which choice is better for the manufacturer. Findings It is observed that there is a competition between trade-in service and third-party recycling when the durability parameter of the used product is relatively small. Moreover, when the durability parameter of the used product is relatively large, A is always better choice for the manufacturer; otherwise, NA is a better choice except for the case that the unit trade-in subsidy is low and the salvage of the used product is high. Practical implications These results provide managerial insights for the manufacturer and the third party to make decisions in the field of recycling. Originality/value This paper is among the first papers to study the competition between trade-in program and third party’s collecting program under government’s trade-in subsidy policy. Moreover, this paper presents the conditions under which the manufacturer should authorize or not authorize the third party to collect its used products.


Legal Studies ◽  
1981 ◽  
Vol 1 (3) ◽  
pp. 287-295
Author(s):  
P.J. Davies

It is commonplace in the commercial world for contractual obligations to be performed by persons other than the original parties to the contract. Because of the doctrine of privity of contract persons who are not party to a contract generally cannot take advantage of terms contained in it. If, therefore, a person undertakhg the performance of obligations which someone else has originally assumed misperforms those tasks so as to incur legal liability towards the other original contracting party, it would seem that he cannot rely on a protecting clause in the contract even though that clause may purport to afford him cover. A variety of avenues of escape from this situation (which is often commerically inconvenient) have been at various times advocated: the doctrine of vicarious immunity and the trust idea have been explored and eventually rejected. Other methods of avoidance retain more vigour: we have probably not heard the last of arguments based on the doctrines of volenti non fit injuria and disclaimer, of the bailment on terms and of the idea of spelling out a separate contract (or offer) between the party now suing and the third party.


Author(s):  
Hannah McCarthy

This chapter tackles guarantee or bond, which has no definitive judicial definition but is widely held to be a contract in which the guarantor agrees to be answerable for the debt or default of another to a third party. It cites the primary obligation of a third party that is underwritten by the guarantor as an essential characteristic of a guarantee. It also explains how the guarantor becomes answerable for the faults of the third party. This chapter talks about the indemnitor that undertakes a primary liability to another party in order to indemnify the other party against a specific event, which may or may not involve the act or default of a third party. It points out that the indemnity contained in construction sub-contracts is the most frequently used form of indemnity in the construction industry.


2014 ◽  
Vol 8 (1) ◽  
pp. 94-110
Author(s):  
Tatsuya Higaki

Shuzo Kuki is a Japanese philosopher, belonging to the Kyoto school, who lived about a hundred years ago. He learned philosophy in Europe and developed an original theory of contingency, by accommodating the Asiatic way of thinking on the one hand, and Western philosophy (Bergson, Heidegger and neo-Kantianism) on the other. In this article, I show that we can find similarities between his theory of contingency and the philosophy of Deleuze, especially in regard to the subject of temporality and eternal return. Needless to say, the theory of the third time is a crucial theme in Difference and Repetition, and is closely related to the time of eternity, and the original or primitive contingency. Taking into consideration these aspects of time is indispensable in examining in depth the concepts of difference and virtuality. Kuki's theory of contingency, which incorporates early twentieth-century European philosophy, elucidates these concepts in an unexpected way. Therefore, my aim in this article is not to attempt a comparison between Eastern and Western thought by quoting Deleuze, but to illustrate a hidden lineage of thought, which runs from the nineteenth century (neo-Kantianism, Bergsonism, and so on) into the philosophy of virtuality of the twentieth century. This same lineage appears in Japan in Kuki's theory, and Deleuze's thought is, at least in one aspect, a modern manifestation of the same roots.


Author(s):  
Graham Virgo

This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of a trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.


1964 ◽  
Vol 9 (5) ◽  
pp. 417-430
Author(s):  
Louis Corman
Keyword(s):  

The application of psychoanalytic rules to the family drawing permits an interpretation in depth which leads to the understanding of conflicts in the child's mind. In this work, the author has limited himself more particularly to the study of the projection of forbidden tendencies to an animal symbol, as this projection enables the subject to gratify 'by proxy' his instincts without feelings of anguish or without being punished. This is surely a theory and it will be necessary, in each case, to check it by means of an extensive clinical and projective analysis. It was possible, however, to support this theory with several arguments. The first is that the familiar animal which is supposed to assume the forbidden tendency is emphasized by the place it occupies, the care with which it is drawn and the comment describing its action. Sometimes even, it has human features which indicate its intimate collusion with the subject. Secondly, in such a case, the subject himself is absent from the drawing; he has not depicted himself. One is led to wonder under what other person's features he appears and when the super-added animal is set out, it may be assumed that it is representing the subject in the drawing. The third argument is inferred from identification. It is quite obvious that, when the subject claims to be identified with the animal, no doubt is possible. However, more often than not, as we have seen, the child evades the question, and when he is invited to identify himself, he is either the father or he is someone absent. This is quite understandable, as we have seen that the person assuming the forbidden action is also the one who will have to accept punishment. Therefore, in one case, the adder is chased away; in other cases, the aggressor animal is killed. In all those cases, it will be necessary to establish identification in an indirect manner, outside of the statements of the child. Identification will be based in the first place on the signs of emphasis given to the animal shown, as we have said; secondly, on the convergence of indices which are brought out by the other tests or psychodramas, as has been illustrated in those observations.


2012 ◽  
Vol 19 (1) ◽  
pp. 149-168
Author(s):  
Baljit Singh

The subject contemporary relevance of Nehru is unfolded into five sections. First section introduces the subject by contextualising Nehru’s ideas in the contemporary scenario. Nehruvian ideological system and its utility in the age of globalisation constitute the body of this article. His nationalism, socialism and world view are located and discussed in the second, third and fourth sections, respectively. Nehru’s idea of composite culture, contested by cultural nationalism from the one end and ethno-nationalism from the other end of spectrum comprises the second section. The third section discusses the conception, consolidation, retreat and revival of Nehruvian model of economic development in the light of Washington Consensus and Post-Washington Consensus. His idea of socialism and the mixed economy are debated in liberal, neoliberal and post-neoliberal scenario. His world view faced rough weather during the second and third phase of India’s foreign policy. The former was set in motion after his death, whereas the latter started taking shape in the Post-Soviet world, which has acquired the hegemonic overtones. Contemporary significance of Nehru’s world view in the hegemonic world is probed in the fourth section. The last section sums up the discussion in the form of concluding observations.


Sign in / Sign up

Export Citation Format

Share Document