Polykoiranie IV (Bodin, La Boétie)

2021 ◽  
pp. 125-144
Author(s):  
Geoffrey Bennington
Keyword(s):  
Political Space ◽  
Modern Conception ◽  
Jean Bodin ◽  
Etienne De La Boetie ◽  
The Law ◽  
The One

The line from Homer appears saliently in two famous 1570 texts, by Jean Bodin and Etienne de la Boétie respectively. It is shown how Bodin’s supposedly modern conception of sovereignty inherits aporias Scatter 2 has been following since Aristotle, and how the paradoxical prerogative to both make and break the law makes it impossible rigorously to discern monarchy from tyranny. La Boétie’s commentary on the line from Homer, and his general attempt to argue “against one,” is shown to lead to a complex and aporetical account on the edge of political space, in which the concepts of nature and of the One increasingly escape La Boétie’s conceptual grasp.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

scholarly journals Quantification of Classified Nickel Species in Spent FFC Catalysts

2021 ◽  
Author(s):  
Monica Dapiaggi ◽  
Marco Alloni ◽  
Riccardo Carli ◽  
Nicola Rotiroti ◽  
Giorgia Confalonieri
Keyword(s):  
Zeolite Y ◽  
Complex Matrix ◽  
Spent Catalyst ◽  
Quick Method ◽  
Spent Catalysts ◽  
The Law ◽  
The One ◽  
Nickel Species

Abstract The paper presents a quick method for the quantification of nickel species in spent FFC catalysts; the quantification of known quantities NiO and $$\hbox{NiAl}_2\hbox{O}_{4}$$ NiAl 2 O 4 is first done in a matrix of fresh zeolite Y, and then in a complex matrix, similar to the one of a real spent catalyst. The method is carefully checked and the errors in the quantification are critically evaluated. After the validation of the method with known quantities of NiO, well below the law limit for direct re-use, a set of real spent catalysts (representative of a period of 12 months) is analysed. Graphic Abstract

Insider Trading in Israel and England, Part II

1972 ◽  
Vol 7 (3) ◽  
pp. 373-410
Author(s):  
Aharon Yoran
Keyword(s):  
Insider Trading ◽  
The Other ◽  
Fiduciary Duties ◽  
The Law ◽  
The One

It is submitted that even if the hapless outsider cannot bring an action for damages because of the existing state of the law regarding fiduciary duties and breach of statutory duties, he still has an equitable remedy of rescission of the contract based on quasi-contractual principles. The crime of fraud, under secs. 13 and 54, respectively, would be made the basis of setting the contract (of sale or purchase) aside. To support this proposition we shall explore the quasi-contractual principles which enable one contracting party, the victim of a crime committed by the other party in entering the contract, to defeat this contract.In Browning v. Morris, in an oft-quoted statement by Lord Mansfield, the following principle was declared: But, where contracts or transactions are prohibited by positive statutes, for protecting one set of men from another set of men; the one, from their situation and condition, being liable to be oppressed or imposed upon by the other; there, the parties are not in pan delicto; and in furtherance of these statutes, the person injured, after the transaction is finished and completed, may bring an action and defeat the contract.

Utilitarianism and the Criminal Law in Colonial India: A Study of the Practical Limits of Utilitarian Jurisprudence

1994 ◽  
Vol 28 (4) ◽  
pp. 739-791 ◽  
Author(s):  
Kartik Kalyan Raman
Keyword(s):  
Criminal Justice ◽  
Legal Tradition ◽  
British India ◽  
Local Society ◽  
Colonial India ◽  
Penal Law ◽  
The Law ◽  
Common Observation ◽  
The One

The role of legal tradition in the reformist rhetoric of Benthamite Utilitarianism presents us with a contradiction. On the one hand, there is the common observation that Utilitarian jurisprudence was necessarily ahistorical and rejected the past as a source of concepts for reworking the criminal justice system existing in Britain during the late eighteenth and early nineteenth centuries. For philosophic reformers such as Bentham, contemporary British criminal justice was to be replaced by a scientific jurisprudence, abstract, universal, and secular in outlook, and antipathetic to the more conservative insistence that the foundations of the penal law continue to be tradition-based. ‘If society was to see any improvement, its law must be reformed; if its law was to be reformed it must be burned to the ground and rebuilt according to a new and rational pattern.’ On the other hand, we find that the very same Utilitarian thinkers, in works describing the state of the law in British India, were concerned with local rather than universal conceptions of criminality. In his 1782 Essay on the Influence of Time and Place in Matters of Legislation, Bentham, for instance, urged the philosophic reformer to temper change in India by fitting Utilitarian judgments about the law to the frames of local society.

Preventive Confinement of Dangerous Offenders

2004 ◽  
Vol 32 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Legal Theory ◽  
The Other ◽  
Legal Issue ◽  
Central Theme ◽  
Sexual Predators ◽  
Dangerous Offenders ◽  
New Form ◽  
The Law ◽  
The One ◽  
Constitutional Regime

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.

Scatter 2

2021 ◽  
Author(s):  
Geoffrey Bennington
Keyword(s):  
Jacques Derrida ◽  
The Other ◽  
Carl Schmitt ◽  
Early Church ◽  
The Political ◽  
Church Fathers ◽  
Jean Bodin ◽  
Marsilius Of Padua ◽  
The One ◽  
Nuremberg Trials

Scatter 2 identifies politics as an object of perennial difficulty for philosophy—as recalcitrant to philosophical mastery as is philosophy’s traditional adversary, poetry. That difficulty makes it an attractive area of attention for any deconstructive approach to the tradition from which we inevitably inherit our language and our concepts. Scatter 2 pursues that deconstruction, often starting, and sometimes departing, from the work of Jacques Derrida, by attending to the concepts of sovereignty on the one hand, and democracy on the other. Part I follows the fate of a line from Book II of Homer’s Iliad, where Odysseus asserts that “the rule of many is no good thing, let there be one ruler, one king,” as it is quoted and misquoted, and progressively Christianized, by authors including Aristotle, Philo Judaeus, Suetonius, the early Church Fathers, Aquinas, Dante, Ockham, Marsilius of Padua, Jean Bodin, Etienne de la Boétie, up to Carl Schmitt and Erik Peterson, and even one of the defendants at the Nuremberg Trials, before being discussed by Derrida himself. Part II begins again, as it were, with Plato and Aristotle, and tracks the concept of democracy as it regularly impacts and tends to undermine that sovereignist tradition, and, more especially in detailed readings of Hobbes and Rousseau, develops a notion of “proto-democracy” as a possible name for the scatter that underlies and drives the political as such, and that will always prevent politics from achieving its aim of bringing itself to an end.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals The world market for soybeans: price transmission into Brazil and effects from the timing of crop and trade

Nova Economia ◽  
2007 ◽  
Vol 17 (2) ◽  
pp. 241-270 ◽  
Author(s):  
Mario A. Margarido ◽  
Frederico A. Turolla ◽  
Carlos R. F. Bueno
Keyword(s):  
United States ◽  
Forecast Error ◽  
The United States ◽  
World Market ◽  
Price Transmission ◽  
Long Run ◽  
Cointegration Tests ◽  
The World ◽  
The Law ◽  
The One

This paper investigates the price transmission in the world market for soybeans using time series econometrics models. The theoretical model developed by Mundlack and Larson (1992) is based on the Law of the One Price, which assumes price equalization across all local markets in the long run and allows for deviations in the short run. The international market was characterized by three relevant soybean prices: Rotterdam Port, Argentina and the United States. The paper estimates the elasticity of transmission of these prices into soybean prices in Brazil. There were carried causality and cointegration tests in order to identify whether there is significant long-term relationship among these variables. There was also calculated the impulse-response function and forecast error variance decomposition to analyze the transmission of variations in the international prices over Brazilian prices. An exogeneity test was also carried out so as to check whether the variables respond to short term deviations from equilibrium values. Results validated the Law of the One Price in the long run. In line with many studies, this paper showed that Brazil and Argentina can be seen as price takers as long as the speed of their adjustment to shocks is faster than in the United States, the latter being a price maker.

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