scholarly journals La propriété spatio-temporelle

2005 ◽  
Vol 28 (2) ◽  
pp. 261-340 ◽  
Author(s):  
Sylvio Normand
Keyword(s):  
Human Mind ◽  
Civil Code ◽  
Temporal Dimension ◽  
Civil Code Of Quebec ◽  
Estate Property ◽  
Spatio Temporal ◽  
Satisfactory Answer ◽  
The One ◽  
The Individual ◽  
The Right

Ownership is one of the fundamental notions in the Civil Code and yet far too often writings on the subject have presented a narrow view of it. Obviously, its has a well determined genetic code since its general attributes are usus, fructus, abusus and vis attractiva, while its specific features include exclusivity, perpetuity and absolutism ; still it remains a pliable concept. For on the one hand, though core prerogatives remain with the holder of the right, the attributes and features of ownership may not be so well affirmed, which immediately infers the existence of modalities of the right. Yet on the other, the core may be broken down since the object to such ownership then becomes a source of real rights, thus there is dismemberment. The flexibility of ownership resides in the numerous modifications it can undergo and which all potentially exist in ownership. Before attempting to study various hypotheses leading to the recognition of spatio-temporal ownership, it is indispensible to adopt a wide view of this notion since any other approach cannot produce satisfactory results. Among hypotheses under consideration, introducing a new modality seems the best solution. It does, however, have its drawbacks as the notion of spatio-temporal ownership runs against the grain of qualities inherent in the right of ownership. First of all, the holder of this right only exercices a limited abusus and in this respect he is not alone, for precedents exist with the holders of other means of ownership (substituted property, inalienable property, trust property). Furthermore, there would be an obstruction to the perpetual nature of such ownership. This proposal is, however, to be rejected since the spatio-temporal ownership is perpetual, although discontinuous. Once the initial obstacles are overcome, the introduction of an additional modality of ownership essentially requires the recognition of a fourth dimension in the object of ownership, namely its temporality. An abstract notion if ever there was one, temporality raises the question of the need for conceiving an owned piece of property as being a concrete and materialized thing. Nonetheless, ownership may be dematerialized for in fact, real estate property can be represented as a cube of space and not just a flat plane. The only obstacle to this new modality in ownership would be the impossibility of conceiving innominate changes to the right of ownership. In all the code, case law and authoritative writings presently recognize the capacity of the human mind to conceive additional modifications to rights of ownership. Spatio-temporal ownership depends upon the recognition of the temporal dimension of the object of such right and thereby constitutes a modality of ownership whose peculiarities derive from the individual form of its object. Although recognition of modality in ownership seems to be the only way for arriving at spatio-temporal ownership, we may consider various solutions based upon an arrangement of existing institutions in the law relating to ownership —which would allow the constitution of a spatio-temporal right of ownership. Despite its popularity, usufruct does not seem to us to be a satisfactory answer. Joint ownership is more attractive despite the ever-present expectation of a petition to partition. A covenant between undivided coproprietors would provide, in our opinion however, a delay in such partition and this covenant would be enforceable on both parties and beneficiaries. If doubts persist as to the legality of such a covenant, the revision announced in the proposed Civil Code of Quebec will calm such fears. Besides allowing the postponement of partition for a maximum period of thirty years, this revision will make possible the assignment of a piece of property to a durable end and ipso facto a waiver of partition. One must remain aware of the fact that despite the technique used to avoid partition, the right ownership is plural. It is only by the identification of an additional modality of ownership that there may be true spatio-temporal ownership.

The Villa Item and a Bride's Ordeal

1929 ◽  
Vol 19 (1) ◽  
pp. 67-87 ◽  
Author(s):  
Jocelyn Toynbee
Keyword(s):  
The South ◽  
Important Paper ◽  
The North ◽  
Dwelling House ◽  
South Wall ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
North Wall ◽  
The Right

The paintings in the triclinium of the Villa Item, a dwelling-house excavated in 1909 outside the Porta Ercolanese at Pompeii, have not only often been published and discussed by foreign scholars, but they have also formed the subject of an important paper in this Journal. The artistic qualities of the paintings have been ably set forth: it has been established beyond all doubt that the subject they depict is some form of Dionysiac initiation: and, of the detailed interpretations of the first seven of the individual scenes, those originally put forward by de Petra and accepted, modified or developed by Mrs. Tillyard appear, so far as they go, to be unquestionably on the right lines. A fresh study of the Villa Item frescoes would seem, however, to be justified by the fact that the majority of previous writers have confined their attention almost entirely to the first seven scenes—the three to the east of the entrance on the north wall (fig. 3), the three on the east wall and the one to the east of the window on the south wall, to which the last figure on the east wall, the winged figure with the whip, undoubtedly belongs.

Learning to Solve a Business Problem: ‘Hands-on’ Can Get Results

2007 ◽  
Vol 21 (6) ◽  
pp. 465-471 ◽  
Author(s):  
Robyn Neeson ◽  
Leo Billington ◽  
Rowena Barrett
Keyword(s):  
Small Business ◽  
Business Owner ◽  
Business Growth ◽  
Small Business Owner ◽  
Business Training ◽  
Hands On ◽  
Small Business Training ◽  
The One ◽  
The Individual ◽  
The Right

Small business training can facilitate business growth. The authors show that a ‘hands-on’ approach can have a direct impact on a business owner's current situation. They consider this in relation to the problem of being unable to find the right staff, demonstrating that a programme such as the one they describe enables learning and addresses the lack of time and resources faced by many small business owner-managers. Such programmes also accommodate the style, pace and circumstances of the individual learner. This has a number of implications for the delivery of training to small business owner-managers.

scholarly journals The Copyright in Albania and its Legal Protection under National Law

2015 ◽  
Vol 5 (1) ◽  
pp. 143
Author(s):  
Artan Spahiu ◽  
Fatma Spahiu
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Human Mind ◽  
International Standards ◽  
Human Society ◽  
Legal Term ◽  
Entire History ◽  
The One ◽  
Object Of Study ◽  
The Right

It is a fact that the entire history of existence and development of human society has been founded on products of intellectual creativity of the human mind, which have been used to solve different problems of the time.We all have witnessed how the human imagination in the world has made possible the development in the field of science, technology and especially in Arts. Scientific innovations and the artistic activities, such as the music, painting or literature are created by individuals who have the ability to see and to express things in new and innovative ways.Intellectual property is a legal term that refers to the special protection, reserved by the law to the product shaped by human ideas, such as scientific and technological inventions or the artistic works. First of all, the intellectual property is considered a non-material asset that can be sold, bought, exchanged, licensed, etc., as well as any other property. On the other hand, it is considered as a personal exclusive right of the owner. Under intellectual property laws, the owner of intellectual property is granted the right to stop any infringement, unauthorized intervention or activities in relation to his property. One of the most important intellectual property rights is the copyright, which is the object of study of this article. The Copyright and the related intellectual rights, specially provided by the domestic normative framework, constitute relatively new legal institutes to Albanian reality. The Copyright in Albania presents special features because on the one hand it’s facing a normative regulation which aspires to get closer to international standards, but in practice it’s facing a insufficient and ineffective protection by the competent state authorities.

The cause of petaloid colouring in ‘Apetalous’ Flowers

1933 ◽  
Vol 49 (328) ◽  
pp. 199-218 ◽  
Author(s):  
Edith R. Saunders
Keyword(s):  
Vascular Anatomy ◽  
The Other ◽  
Central Cylinder ◽  
Individual Member ◽  
Vascular Bundles ◽  
Marginal Vein ◽  
Surface Appearance ◽  
The One ◽  
The Individual ◽  
The Right

SUMMARY The typical dichlamydeous cyclic Dicotyledon is so organised that the petaloid character of the corolla can be regarded as a function of a certain combination of conditions as regards time and space: time, in so far that the petaloid feature occurs at a definite stage in the series of developmental processes, following, as it does, upon the differentiation of a (usually) uncoloured (i.e. green) calyx; space, in that it is exhibited on the set of radii alternating with the radii of the sepals. Penetrating a little below the surface appearance, we find we can express these same relations in terms of the vascular anatomy as follows. Those floral members (again taking the typical case) which receive as midribs the first set of equidistant bundles to leave the central cylinder show sepaloid characters; those similarly receiving as midrib bundles the outgoing strands on the alternate set of radii exhibit petaloid colouring. It is found that the marginal veins of the sepals of such Dicotyledon types arise in two different ways, less frequently as true lateral veins from the midribs, more often either through the detachment from the central cylinder on the alternate radii of trunk cords which dissociate in due course into a petal midrib and twin bundles which enter the adjacent side of the sepal to right and left, respectively, and become the marginal vein of that side; or through the departure of pairs of separate strands within the limits of the corresponding alternate sectors. In typical monochlamydeous cyclic Dicotyledons radial organisation follows the same scheme as in dichlamydeous types, notwithstanding that the perianth here takes the form of a single whorl of structures. Such monochlamydeous types may be divided into two classes. In the one class only the issuing vascular bundles on the corresponding set of radii enter the perianth members. These bundles become the midribs. They may give off lateral veins at any point or may remain unbranched. In either case the individual member is homologous with the individual sepal and is typically green. In the other class each member receives not only the bundle on its own radius but also half the perianth component proper to the alternate radius on each side, either as separate strands or (in gamophyllous types) as undisjoined components of perianth-stamen trunk cords. The first-mentioned bundle becomes the midrib of the tepal, the two others become marginal veins, the one entering the tepal on the right, the other that on the left. In forms belonging to this class the tepals are typically petaloid. Each may be regarded as the counterpart of one sepal of dichlamydeous types + half the neighbouring petal on either side. This equivalence is not infrequently indicated outwardly by the considerable thickness of the tepal members as compared with that of the sepals and petals of the nearest allied dichlamydeous forms. The accompanying drawings were made by Miss D. F. M. Pertz, to whom I desire to express my grateful thanks.

scholarly journals Cinco décadas no son suficientes. Carta de una abuela a su querida nieta.

2020 ◽  
Vol 2 (29) ◽  
pp. 64-75
Author(s):  
Sofía Valdivielso Gómez
Keyword(s):  
Gender Identity ◽  
Education System ◽  
The Other ◽  
Men And Women ◽  
Gender Discourse ◽  
Open Country ◽  
The One ◽  
The Individual ◽  
The Right ◽  
The Impact

The text is a letter from a grandmother born in 1964 to her granddaughter born in August 2020. Through this letter, the grandmother tries to explain what the education she received in the seventies was like, as well as the events that took place during the transition from an isolated and dictatorial Spain to a democratic and open country. She does so from a double perspective. On the one hand, by focusing on women and, on the other, on the laws that have requested the educational system to introduce subjects into the curriculum that would highlight equality between men and women. The text has been structured over the decades to follow the lifeline that would allow the grandmother to describe and analyze some facts about the complex reality of the country. Among these facts, it examines the impact of the new discourses on gender identity in the education system. The new discourses reflected in the new laws move the gender discourse towards gender identity discourse. All of this takes place within the context of a capitalist and narcissistic post-modernity that has displaced the plural towards the singular, the collective towards the individual, and the right to desire.

scholarly journals Averting the next credibility crisis in Psychological Science: Within-person methods for personalized diagnostic and intervention

2021 ◽  
Author(s):  
Julia Moeller
Keyword(s):  
Personalized Medicine ◽  
Learning Task ◽  
Personalized Learning ◽  
Psychological Research ◽  
Social Scientists ◽  
The One ◽  
The Individual ◽  
The Right ◽  
Applied Fields ◽  
Personalized Advertisement

Personalizing assessments, predictions, and treatments of individuals is currently a defining trend in psychological research and applied fields, including personalized learning, personalized medicine, and personalized advertisement. For instance, the recent pandemic has reminded parents and educators of how challenging yet crucial it is to get the right learning task to the right student at the right time. Increasingly, psychologists and social scientists are realizing that the between-person methods that we have long been using in the hope to describe, predict, and treat individuals may fail to live up to these tasks (e.g., Molenaar, 2004). Consequently, there is a risk of a credibility loss, possibly similar to the one seen during the replicability crisis (Ioannides, 2005), because we have only started to understand how many of the conclusions that we tend to draw based on between-person methods misunderstand what these methods can tell us and what they cannot. An imminent methodological revolution will likely change even very established psychological theories (Barbot et al., 2020). Fortunately, methodological solutions for personalized descriptions and predictions, such as many within-person analyses, are available and rapidly being developed, although they are not yet embraced in all areas of Psychology, and some come with their own limitations. This article first discusses the extent of the theory-method gap between theories about within-person patterns versus methods examining only between-person patterns in Psychology, and the potential loss of trust that might follow from these limitations of the commonly used between-person methods. Second, this article addresses advantages and limitations of available within-person methods. Third, this article discusses how within-person analytical methods may help improving the individual descriptions and predictions that are needed in many applied fields aiming for tailored individual solutions, including personalized learning with educational technology and personalized medicine.

scholarly journals Conventional and HD-tDCS May (or May Not) Modulate Overt Attentional Orienting: An Integrated Spatio-Temporal Approach and Methodological Reflections

2021 ◽  
Vol 12 (1) ◽  
pp. 71
Author(s):  
Lorenzo Diana ◽  
Giulia Scotti ◽  
Edoardo N. Aiello ◽  
Patrick Pilastro ◽  
Aleksandra K. Eberhard-Moscicka ◽  
...  
Keyword(s):  
Posterior Parietal Cortex ◽  
Mixed Model ◽  
Linear Mixed Model ◽  
Right Hemisphere ◽  
Visual Exploration ◽  
Frontal Eye Field ◽  
Baseline Performance ◽  
Spatio Temporal ◽  
The Individual ◽  
The Right

Transcranial Direct Current Stimulation (tDCS) has been employed to modulate visuo-spatial attentional asymmetries, however, further investigation is needed to characterize tDCS-associated variability in more ecological settings. In the present research, we tested the effects of offline, anodal conventional tDCS (Experiment 1) and HD-tDCS (Experiment 2) delivered over the posterior parietal cortex (PPC) and Frontal Eye Field (FEF) of the right hemisphere in healthy participants. Attentional asymmetries were measured by means of an eye tracking-based, ecological paradigm, that is, a Free Visual Exploration task of naturalistic pictures. Data were analyzed from a spatiotemporal perspective. In Experiment 1, a pre-post linear mixed model (LMM) indicated a leftward attentional shift after PPC tDCS; this effect was not confirmed when the individual baseline performance was considered. In Experiment 2, FEF HD-tDCS was shown to induce a significant leftward shift of gaze position, which emerged after 6 s of picture exploration and lasted for 200 ms. The present results do not allow us to conclude on a clear efficacy of offline conventional tDCS and HD-tDCS in modulating overt visuospatial attention in an ecological setting. Nonetheless, our findings highlight a complex relationship among stimulated area, focality of stimulation, spatiotemporal aspects of deployment of attention, and the role of individual baseline performance in shaping the effects of tDCS.

On the issue of legal guarantees for employees during public or public duties

2020 ◽  
pp. 26-31
Author(s):  
Alexander Іanushkevych
Keyword(s):  
The State ◽  
The Other ◽  
Labor Rights ◽  
Main Body ◽  
Role Of The State ◽  
Effective Performance ◽  
The One ◽  
The Individual ◽  
The Right ◽  
Favorable Conditions

Problem setting. The article analyzes the features of legal guarantees provided for employees during the performance of state or public duties, considers their essence and significance. It is concluded that their presence, on the one hand, contributes to the quality and effective performance of their duties by a citizen, on the other – ensures the appropriate level of legality and compliance with c urrent regulations. Analysis of recent researches and publications. Some aspects of legal guarantees of labor rights in their publications covered the following scientists: S.Ya. Vavzhenchuk, T.M. Zavorotchenko, M.I. Inshin, V.L. Kostyuk, N.V. Kokhan, O.I. Protsevsky, O.A. Sytnytska, O.M. Yaroshenko, and others. The purpose of the article is to analyze the legal guarantees for employees during the performance of state or public duties, to reveal their essence and meaning. Article’s main body. The article is noted that the guarantees established by the state for employees during the performance of state or public duties (preservation of the place of work (position) and salary) are special protective equipment that supports and protects the employee in cases where he for reasons recognized by law respectable, did not work. The above-mentioned labor guarantees, which ensure the realization of the rights granted to employees, are both intangible (for example, preservation of the place of work, position) and material (preservation of average earnings). The purpose of the sums of money paid during this time is to en sure the preservation of the average earnings of the employee (in whole or in part), as well as to prevent the loss of these earnings. Thus, they are a form of realization of a legal guarantee of the right of employees to prevent the reduction or loss of their income and provide it by preserving the wages of employees, have a material nature. It is noted that the important role of the state in this matter. Whereas, in enshrining the rights and freedoms of the individual in law, he must undertake certain obligations to create favorable conditions for their effective provision: to provide citizens with real opportunities for the practical exercise of their rights and freedoms; to protect the rights and freedoms of the person from possible illegal encroachments; to protect the rights and freedoms of the person in case of their illegal violation. Conclusions and prospects for the development. After analyzing the features of legal guarantees provided for employees during the performance of state or public duties, we can note their importance and significance, especially today. Their presence, on the one hand, contributes to the quality and effective performance of their duties by a citizen, on the other hand, ensures the appropriate level of legality and compliance with the provisions of applicable regulations.

scholarly journals Sustainable sanitation from a multi-layered approach: the case of Costa Rica

2018 ◽  
Author(s):  
Cindy Calvo Salazar
Keyword(s):  
Costa Rica ◽  
National Level ◽  
Interesting Case ◽  
Joint Production ◽  
Environmental Sanitation ◽  
Individual Level ◽  
Sustainable Environment ◽  
The One ◽  
The Individual ◽  
The Right

The purpose of this article is to present the case of Costa Rica in its recent efforts to achieve sustainable environmental sanitation. Mainly, it is based on a theoretical framework that integrates the notion of environmental sanitation practices at multiple levels: the macro level (environmental and social policies), and at the micro level (community actions and individual daily practices). The context of Costa Rica is taken into account, since it presents an interesting case study in terms of environmental sanitation. On the one hand, it is a country widely recognized for its ecological policies framed within a "green agenda", with high social development indexes. However; on the other hand, it faces increasingly greater challenges in terms of sanitation planning, inter-institutional coordination, legislation, financing and maintenance of current sanitation systems.This article takes up some results of the author's doctorate study, which conducted a mixed-methods approach. The qualitative data were obtained from in-depth interviews with national authorities, locals, community leaders, and heads of households. The quantitative data were obtained from the application of a survey in three different communities with rural, urban, and semi-urban characteristics. At the national level, the main result is a paradigm shift in the conception of health, where the joint production of healthy environments should be paramount, within the framework of the right to live in a healthy and sustainable environment. At the community level, local efforts to protect their natural resources for tourism or productive purposes are highlighted, and at the individual level a mixture of reactive and proactive daily practices is found.

The Principle of Human Rights

2019 ◽  
pp. 171-182
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Political Rights ◽  
The Public ◽  
Cultural Rights ◽  
Employment Education ◽  
The Government ◽  
The One ◽  
The Individual ◽  
The Right

The term ‘human rights’ has different meanings and is used in many academic subjects. It is used by lawyers and politicians, by philosophers and theologians, and, more generally, by the public. The term is used to denote a broad spectrum of very diverse rights, ranging from the right to life to the right to a cultural identity. They involve all elementary preconditions for an existence worthy of human dignity. These rights are ordered and specified in different ways. Often a distinction is made between civil and political rights on the one hand and economic, social, and cultural rights on the other. Some also add collective rights as a third group. The first group is related to restricting the powers of the state in respect of the individual. The second group often requires governments to intervene actively to create good conditions for human development, such as employment, education, and healthcare. When we speak about the right to good governance we must distinguish between the right as such and the underlying norms which are part of the principles of good governance: properness, transparency, participation, effectiveness, and accountability. This means that the underlying norms of the right to good governance are also related to these five principles. The inclusion of human rights as one of these principles here is to make it more explicit that this is not only a subjective right for the citizens but also an obligation for the government. The right and the obligation are two sides of the same coin.

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