Distinction between Dolus and Culpa with reference to Arson in Zakon Sudnyj LJudem, the Vinodol Law and the Statute of Senj

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Daniel Haman ◽  
◽  
◽  
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Legal Documents ◽  
The Third ◽  
Other Hand ◽  
Criminal Offenses ◽  
The World ◽  
The Difference ◽  
Different Levels ◽  
Better Than

The difference between intent (dolus) and negligence (culpa) was rarely emphasized in codified medieval laws and regulations. When compared to the legal statements related to intent, negligence was mentioned even more rarely. However, there are some laws that distinguished between the two concepts in terms of some specific crimes, such as arson. This paper draws attention to three medieval Slavic legal documents – the Zakon Sudnyj LJudem (ZSLJ), the Vinodol Law and the Statute of Senj. They are compared with reference to regulations regarding arson, with the focus being on arson as a crime committed intentionally or out of negligence. The ZSLJ as the oldest known Slavic law in the world shows some similarities with other medieval Slavic legal codes, especially in the field of criminal law, since most of the ZSLJ’s articles are related to criminal law. On the other hand, the Vinodol Law is the oldest preserved Croatian law and it is among the oldest Slavic codes in the world. It was written in 1288 in the Croatian Glagolitic script and in the Croatian Chakavian dialect. The third document – the Statute of Senj – regulated legal matters in the Croatian littoral town of Senj. It was written in 1388 – exactly a century after the Vinodol Law was proclaimed. When comparing the Vinodol Law and the Statute of Senj with the Zakon Sudnyj LJudem, there are clear differences and similarities, particularly in the field of criminal law. Within the framework of criminal offenses, the act of arson is important for making a distinction between intent and negligence. While the ZSLJ regulates different levels of guilt, the Vinodol Law makes no difference between dolus and culpa. On the other hand, the Statute of Senj strictly refers to negligence as a punishable crime. Even though the ZSLJ is almost half a millennium older than the Statute of Senj and around 400 years older than the Vinodol Law, this paper proves that the ZSLJ defines the guilt and the punishment for arson much better than the other two laws.

Comparison and Analysis of the Competitiveness of Two Groups of World Outstanding Male Professional Golfer

2011 ◽  
Vol 187 ◽  
pp. 210-215
Author(s):  
Zhi Yong Huang ◽  
Lie Bao Han ◽  
Gui Yan
Keyword(s):  
Comparison Group ◽  
Principal Component ◽  
The Other ◽  
The World ◽  
Comparison And Analysis ◽  
The Difference ◽  
World Ranking ◽  
Level Group ◽  
Different Levels ◽  
Better Than

In this article, the top 15 golfers are chosen for the top-level group and another 15 golfers ranking from 56 to 70 are chosen for the comparison group, according to the world ranking of PGA TOUR. The two groups are the main objects of study. This research aims to better understand the difference of competitiveness of the two groups, using mathematics statistics and comparative studies. First, average driving distance, driving accuracy percentage, greens in regulation percentage, putting average, birdie average, sand save percentage, scoring average, putts per round and par breakers are analyzed through principal component analysis. The result shows that they all can reveal the competitiveness of the golfers and they can also be used for analyzing the competitiveness of other golfers of different levels. Then, the competitiveness of the golfers in the top-level group is compared with that of the golfers in the comparison group. And the result shows that average driving distance、birdie average、scoring average and par breakers of golfers in the top-level group are much better than those of the golfers in the comparison group where Wenchong Liang belongs, but there is no obvious difference of the other 5 aspects.

scholarly journals Euripidés Médeiájának magyar fordításairól

2017 ◽  
Vol 56 (1-4) ◽  
Author(s):  
Anikó Polgár
Keyword(s):  
20Th Century ◽  
The Other ◽  
Professional Background ◽  
The Third ◽  
Other Hand ◽  
Final Goal ◽  
The Difference ◽  
Textual Strategies

This study is dealing with two Hungarian translations of Euripides’ Medea. The translation made by Grácia Kerényi was produced in the second half of the 20th century, whereas the version by Zsuzsa Rakovszky was published at the beginning of the 21st. The difference between the translations regarding their textual strategies, the professional background of the translators and the final goal of the works is abysmal. Grácia Kerényi was an expert of ancient literatures, her translation was published in the official and renowned collection of Euripides’ work, Zsuzsa Rakovszky on the other hand translates predominantly from English, and her version was inspired by the request of the theatre. The study contains three parts: in the first the author analyses Kerényi’s Medea in the context of the philological reconstruction, in the second, the author examines the same text modified and revised by Fruzsina Magyar, who was the dramatic advisor of the theatre performance in Szolnok, and the third part reflects on the problems of validity, poetical force and immediacy in the translation of Zsuzsa Rakovszky.

Crime, Law and the Internet

2004 ◽  
Vol 26 (1) ◽  
Author(s):  
Eric Hilgendorf
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
The Other ◽  
The Internet ◽  
Other Hand ◽  
The World ◽  
At Will ◽  
Global Reach

AbstractAfter some introductory remarks on the German legal system and German legal politics, the main forms of datanet crime on the Internet are sketched. After that, one of the most important Internet-cases of the last decade, the CompuServe case, is discussed in some detail. One of the main problems of datanet crime is its global reach. The world-spanning nature of the cyberspace significantly enlarges the ability of offenders to commit crimes that will affect people in a variety of other countries. On the other hand, the jurisdiction of national criminal law cannot be expanded at will by any single nation. A transnational criminal law for the Internet is possible but should be restricted to the defence of universally (or nearly universally) accepted interests and values. In effect, it seems that the problems of computer-related crime on the Internet cannot be solved by criminal law alone.

The magnetic flux and self-inductivity of a thick toroidal current

2007 ◽  
Vol 73 (5) ◽  
pp. 741-756 ◽  
Author(s):  
TOMISLAV ŽIC ◽  
BOJAN VRŠNAK ◽  
MARINA SKENDER
Keyword(s):  
Aspect Ratio ◽  
Magnetic Flux ◽  
Magnetic Energy ◽  
The Other ◽  
Poloidal Field ◽  
Other Hand ◽  
Radial Profiles ◽  
Internal Flux ◽  
The Difference ◽  
Better Than

AbstractWe investigate numerically the magnetic flux and self-inductivity of a toroidal current I of arbitrary aspect ratio (R0/r0 = 1/η, where R0 and r0 are the major and the minor torus radii, respectively). The total flux Ψ is represented by the sum of the flux outside the torus envelope (Ψo) and the internal flux within the torus body (Ψi). Analogously, the total inductivity is expressed as L = Lo + Li. The outside self-inductivity is determined directly from the magnetic flux Ψo, utilizing Ψo = LoI. On the other hand, the internal inductivity is evaluated as the magnetic energy contained in the poloidal field. The calculations are performed for three different radial profiles of the current density, j(r).It is found that Ψo(η) and Lo (η) depend only very weakly on the form of j(r). On the other hand, Ψi and Li do not depend on η, but depend on the form of j(r). In the range 0.02 ≲ η ≲ 0.5, the numerical values of Lo can be very well fitted by the function of the form Lofit1(η) = −A log(η) − B. Such a relation is analogous to that for a slender torus, although the coefficients are different. For η ≲ 0.01 the slender-torus approximation (Lo*) matches the numerical results better than our function Lofit1, whereas for thicker tori, Lofit1 becomes more appropriate. It is shown that, beyond η ≳ 0.1, the departure of the slender-torus analytical expression from the numerical values becomes greater than 10%, and the difference becomes larger than 100% at η 0.55. In the range η 0.5, the numerical values of Lo can be very well expressed by the function Lofit2(η)=c1 (1 − η)c2. Furthermore, since the internal flux and inductivity become larger than that outside the envelope, Ψi and Li become larger than Ψo and Lo. The total inductivity Ltotfit = Lofit + Li, calculated by appropriately employing our functions Lofit1 and Lofit2, never deviates by more than 1% from the numerically determined values of Ltot.

Can Theological Language Have Hidden Meaning?

1983 ◽  
Vol 19 (1) ◽  
pp. 43-56
Author(s):  
John Morreall
Keyword(s):  
The Other ◽  
Time And Space ◽  
Other Hand ◽  
The World ◽  
Spatio Temporal ◽  
The Difference ◽  
Theological Language

Any reflective account of theological language acknowledges very early that words drawn from our experience with creatures have special meanings when applied to God. Because God transcends the created world, we cannot take predicates which apply to creatures and apply them to God without modification. And the more transcendent God is understood to be, the more modified will our language taken from creatures have to be when it is used in theology. A primitive theism which thinks of God simply as a very powerful person will view the difference between God and creatures as merely a matter of degree and not of kind. In such a view God transcends things in the world only in that he has a greater degree of the properties we find in creatures, so that predicates taken from creatures, ‘wise’ and ‘strong’, for example, can be applied to God in almost a straightforward way. The only change in meaning is that God is moreknowing and stronger. In a more sophisticated theism such as Judaism or Christianity, on the other hand, God' transcendence is seen not simply as a difference in degrees of properties, but as a difference in kind. The being God is is radically other than the kinds of beings we find in the created world. Indeed, it is sometimes claimed that God is not even ‘a being’, a thing which exists; rather God is ‘being itself’, ‘pure existence’. Aquinas, for instance, held that God does not haveproperties. God is absolutely simple, and so if we can talk about properties at all in talking about God, we have to say that God is identical to God' properties. God, too, differs radically from creatures in that he is not in time and space, nor is he dependent on anything else. But our language used with creatures is full of explicit or implicit references to time and space and to dependence, so that we cannot take our ordinary terms derived from our experience with spatio-temporal, dependent creatures and apply them straightforwardly to God.

scholarly journals Looking for the Lost Sibling

2021 ◽  
Vol 14 (1) ◽  
pp. 63-74
Author(s):  
Ronny Jaffè
Keyword(s):  
The Other ◽  
Foreign Object ◽  
Internal Representations ◽  
Object A ◽  
The Uncanny ◽  
The World ◽  
The Difference ◽  
Different Levels

Abstract The author addresses the siblings theme not only by considering it part of the bonds of a concrete and real family but by relating it to more phantasmal analogies in order to give voice to the world of internal representations. This paper is inspired by some fundamental considerations formulated by René Kaes in the book “The fraternal complex” (Le complexe fraternal, 2008): n the fraternal complex two different levels can be identified: 1) an archaic level characterized by a pre-Oedipal climate in which confusion and undifferentiatedness prevail and where the brother or sister assumes the uncanny dimension of a foreign object, a non-recognized, encrypted and encysted double or lookalike. 2) a level of Oedipal nature in which the otherness, the difference and the recognition of the other can be structured; this level makes it possible to open up towards a dimension of separation and identification. These two different levels will be illustrated trough some clinical situations.

scholarly journals Criminal Autonomy and Specificity of International Trafficking in Human Being // Krivičnopravna autonomnost i specifičnosti krivičnog djela međunarodna trgovina ljudima

2019 ◽  
Vol 9 (9) ◽  
pp. 201
Author(s):  
Sadmir Karović ◽  
Marina M. Simović
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
National Level ◽  
Human Beings ◽  
Criminal Offense ◽  
Legal Documents ◽  
Criminal Offenses ◽  
International Human ◽  
International Trafficking ◽  
Different Levels

In this paper, the authors referred to criminal autonomy and certain specificities of the crime of international trafficking in human beings, as well as the differentiation of the said criminal offense in relation to other related criminal offenses. This criminal offense is often unnecessarily identified with other related criminal offenses, although by its criminal law it constitutes an autonomous or autonomous criminal offense with clearly prescribed objectively-subjective characteristics. International human trafficking is a complex social legal phenomenon that is not a novelty in society, but its phenomenological manifestations have changed and adapted to certain conditions and circumstances in the phenomenological sense in different periods of history. Also, this paper articulates the complexity of discovering, investigating and proving this criminal offense, taking into account the restrictive legal requirements of the criminal and material nature that determine the actions of the law enforcement entities. It is not disputed that at the international level there is a clear commitment to the efficient and energetic struggle against this criminal offense, and in that sense, numerous international legal documents that form the platform or basis for the creation of national regulations in Bosnia and Herzegovina have been drafted and adopted, appreciating the complex constitutional the structure and existence of different levels of government. However, despite all the efforts at the international and national level, it is evident that international human trafficking is nevertheless a social and legal reality that is present even in economically developed and democratically regulated states, and as such presents a challenge to the present in terms of its criminal-law suppression.

Why Omissions are Special

Legal Theory ◽  
1995 ◽  
Vol 1 (3) ◽  
pp. 311-335 ◽  
Author(s):  
A. P. Simester
Keyword(s):  
Criminal Law ◽  
Good Reason ◽  
Differential Treatment ◽  
The Other ◽  
Positive Interventions ◽  
Other Hand ◽  
Positive Action ◽  
The Law ◽  
Better Than

The criminal law presently distinguishes between actions and omissions, and only rarely proscribes failures to avert consequences that it would be an offense to bring about. Why? In recent years it has been persuasively argued by both Glover and Bennett that,celeris paribus, omissions to prevent a harm are just as culpable as are actions which bring that harm about. On the other hand, and acknowledging that hitherto “lawyers have not been very successful in finding a rationale for it,” Tony Honoré has sought to defend the law's differential treatment. He proposes a “distinct-duties theory” that in addition to the general duties we owe to everyone (e.g., not to inflict harm), we also owe distinct duties to a more limited collection of people and associations, specified by features of our relationship with them (we owe, for instance, duties as parents to our own children). Where a distinct duty holds, breach by omission may well be no better than breach by positive action. But absent a distinct duty, omissions, per Honoré, are less culpable. They are mere failures to intervene and improve or rectify things, whereas actions are positive interventions which make things worse. And, thus, the law has good reason to differentiate between them.

scholarly journals ‘Metaphysics’ and ‘Phenomenology’ in Plato (the “Phaedo”)

2021 ◽  
Vol 15 (1) ◽  
pp. 342-353
Author(s):  
Irina Protopopova
Keyword(s):  
The Other ◽  
The Third ◽  
Other Hand ◽  
The Difference ◽  
Immortality Of The Soul ◽  
First Offers

The article considers the correlation between the ‘metaphysical’ and ‘phenomenological’ approaches in Plato’s “Phaedo”. Here, the ‘metaphysics’ refers to philosophical judgments that are considered as certain external principles that are not directly related to the philosopher’s ‘work of consciousness’. The ‘phenomenology’, on the other hand, refers to the specific philosophical experience of observing one’s own ways of grasping things in the immediate reality of awareness. At the beginning of the dialogue, in the so-called ‘defense of Socrates’, he first offers several premises that are accepted as axioms by his interlocutors and, secondly, he describes a philosophical purification as the ‘gathering of the soul’, which results in a confusion of ideas about the soul as either separated and existing after death or ‘being collected in itself’ in the process of philosophical, metaphorical ‘dying’. The first and the third arguments for the immortality of the soul can be considered as ‘metaphysical’, based on analogies, and the second and the forth, as ‘phenomenological’, based on the practice of contemplation of ‘eide in themselves’ by the soul ‘in itself’. It is concluded that Plato’s eide do not appear due to induction or deduction and are not a doubling of general concepts, as Aristotle believed, but are revealed as a result of some effort to realize one’s own awareness of one’s own grasping of being. This is what is outlined here as the difference between ‘metaphysics’ and ‘phenomenology’.

When Beauty is Only Skin Deep: 3-D Realistic Icons are Harder to Identify than Conventional 2-D Military Symbols

2000 ◽  
Vol 44 (21) ◽  
pp. 3-480-3-483 ◽  
Author(s):  
Harvey S. Smallman ◽  
Mark John ◽  
Heather M. Oonk ◽  
Michael B. Cowen
Keyword(s):  
Real World ◽  
Classification Performance ◽  
The Other ◽  
Other Hand ◽  
The World ◽  
Realistic Representation ◽  
New Generation ◽  
Better Than

Conventional 2-D tactical displays depict military objects (platforms) using non-realistic symbols. A new generation of 3-D tactical displays is being developed that depict platforms using miniature realistic icons of ships and planes. These icons are very compelling, but do they translate into performance benefits for users? In four experiments we measured identification and classification performance for a set of common military platforms displayed as either 3-D icons, 2-D icons, or conventional 2-D symbols (from Mil. Std 2525B). 3-D icons were identified consistently slower and less accurately than 2-D symbols, and no better than computationally simpler 2-D icons. Icons are poor because they put the work of discriminating between subtly different real-world platforms onto the user. Symbols, on the other hand, can be engineered to have arbitrarily high discriminability for similar-looking real-world platforms. Users may appreciate, and clamor for, a familiar faithfully realistic representation of the world on their display, but they may be much better off operating on a pre-processed discriminable, if unrealistic, version of it.

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