scholarly journals Compensazione del danno (timoria) e giustizia come reciprocità nella demostenica Contro Midia, sul pugno

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Elisabetta Poddighe
Keyword(s):  
Death Penalty ◽  
The Other ◽  
Legal Argumentation ◽  
Legal Basis ◽  
Article Deal ◽  
Principle Of Justice ◽  
Legal Arguments ◽  
The One ◽  
Made In

This article offers an analysis of the legal arguments that Demosthenes uses in his speech Against Meidias, concerning the punch to prove that Meidias, who had struck Demosthenes as he exercised his public functions as a choregos, is guilty of hybris, and that he (Demosthenes) deserves adequate (i.e. public) reparation for the outrage suffered. Demosthenes claims his right to a punishment (timoria) capable of repairing the collective, more than individual, damage. This claim appears to allow him, on the one hand, to legitimise, with effective legal argumentation, all the choices made in the aftermath of the episode of the punch, and on the other, to give a strong legal basis for requesting the death penalty for Meidias. The paragraphs 2-3 of the article deal with the choices Demosthenes made after the episode of the punch. Here I intend to show that Demosthenes is able to demonstrate to the judges the relevance of the procedural choices and to qualify them as ‘choices’ precisely because they were motivated and considered at length. In the following paragraphs of the article I discuss the legal argumentation that Demosthenes uses with regard to the ‘measure’ of the penalty required (the death penalty). The aim is to understand what roles the principle according to which Meidias’s hybristic conduct must be assessed from an overall view and the principle of justice as reciprocity play in this argument. The latter must take into account the merit of the epieikes Demosthenes as compared to the hybristes Meidias.

Dziedzictwo dawnej Rzeczypospolitej w języku pierwszego polskiego przekładu poematu „Metai” Kristijonasa Donelaitisa

2021 ◽  
Vol 12 (2) ◽  
pp. 383-400
Author(s):  
Jolanta Mędelska
Keyword(s):  
Eighteenth Century ◽  
The Other ◽  
Political Journalism ◽  
Other Hand ◽  
Polish Language ◽  
Influence Of Substrate ◽  
The One ◽  
Made In

The author analysed the language of the first Polish translation of the eighteenth-century poem “Metai” [The Seasons] by Kristijonas Donelaitis, a Lithuanian Lutheran pastor. The translation was made in 1933 by a socialist activist and close associate of Józef Piłsudski, Kazimierz Pietkiewicz. The analysis showed that the language of the translation is peculiar. On the one hand, this peculiarity consists in refraining from archaizing the translation and the use of elements that are close to the translator’s style of social-political journalism (e.g., dorobkiewicz [vulgarian], feministka [feminist]), on the other hand, the presence at all levels of language of peculiarities characteristic for Kresy Polish language in both its territorial variations. These are generally old features of common Polish, the retention of which in the eastern areas of the Polish Rzeczpospolita was supported by the influence of substrate languages, later also Russian, or by borrowing. This layer was natural in the language of the translator, born in Ukraine, who spent part of his life in Vilnius, some in exile in Russia. This is the colourful linguistic heritage of the former Republic of Poland.

6. Arrangement of the Metals in an Electro-Frictional Scale

1884 ◽  
Vol 12 ◽  
pp. 412-432
Author(s):  
A. Macfarlane
Keyword(s):  
The Other ◽  
Detailed Knowledge ◽  
The One ◽  
Voltaic Cell ◽  
Made In

While, in recent years, the progress of the science of electricity has been very rapid, few investigations have been made in the old province of frictional electricity. It cannot be doubted, however, that the laws connecting electricity with friction, and with the nature of the substances rubbed, are of great importance; and the acquisition of more detailed knowledge in this department may throw some light on the still imperfect theory of the voltaic cell. Several electricians have expressed an opinion that the development of electricity by friction is only a modification of the development of electricity by contact–that friction is contact in which the number of points which come together is increased by sliding the one substance over the other. But whether friction is a form of contact, or contact a form of friction, or the two co-ordinate to one another, it is interesting to inquire whether the metals can be arranged in an electro-frictional series similar to the electro-contact series; and if so, to observe the relation of the former to the latter.

scholarly journals Geographical vocabulary of the Shilan dialect of the Erzya-Mordovian language

2020 ◽  
Vol 12 (4) ◽  
pp. 358-367
Author(s):  
Nikolai V. Belenov
Keyword(s):  
Original Composition ◽  
Research Methods ◽  
Field Studies ◽  
The Other ◽  
Volga Region ◽  
The One ◽  
Xix Century ◽  
First Time ◽  
Source Materials ◽  
Made In

Introduction. The article presents the results of research of the geographical vocabulary of the Shilan dialect, one of the Erzya-Mordovian dialects of the Samara region, common among Erzya population of Shilan village in Krasnoyarsk region. The dialect belongs to rare Mordovian dialects of the Samara Volga region that were formed in the region since the middle of the XIX century, and therefore its research is of extra interest. Materials and Methods. The research methods are determined by the purpose and objectives of the study. The analysis of the geographical vocabulary of the Shilan dialect is carried out with the involvement of relevant items made in other Mordovian dialects of Samara region, adjacent territories of neighboring regions, as well as other territories of settlement of the Mordovians. Data on geographical vocabulary of the dialect introduced into research for the first time. The main source materials for the article is based on field studies in Silane village during the field seasons in 2017 and 2020, as well as in other Erzya-Mordovian and Moksha-Mordovian villages of Samara region and adjacent territories in 2015 – 2020. Results and Discussion. The study showed that the geographical vocabulary of the Shilan dialect of the Erzya-Mordovian language is significantly different from the corresponding lexical clusters in other dialects of the Mordovian region, which can be explained by natural geographical conditions surrounding Shilan village and the original composition of this lexical cluster of Erzya immigrants who founded this village. Conclusion. The analysis of the geographical vocabulary of the Shilan dialect allowed, on the one hand, to identify specific features of this cluster that distinguish it from the corresponding materials of other Mordovian dialects of the region, and, on the other hand, to identify common isoglosses between it and a number of the Erzya-Mordovian dialects of the Samara Volga region.

Responsibility, Freedom and Determinism

Philosophy ◽  
1938 ◽  
Vol 13 (51) ◽  
pp. 276-287
Author(s):  
John Bourke
Keyword(s):  
The Other ◽  
Original Question ◽  
The One ◽  
Made In

There may in general be said to be two ways in which progress may be made in the understanding and towards the solution of a problem. The one is that of the continual development of it in the form originally given to it, by confirming this and rejecting that point in the light of fresh evidence, by clarification of concepts, and by detecting and resolving ambiguities and inconsistencies. Here it is assumed that the standpoint from which the problem has been approached is relevant and adequate. The other is entered upon when an “impasse” has been reached which can only be avoided by the realization that the original question was asked in a way which was either partially or wholly false or misleading. This is the more radical way of partial or total reformulation of the problem to be solved.

Tâches, interaction et présence à distance

2021 ◽  
pp. 65-74
Author(s):  
Christelle HOPPE
Keyword(s):  
International Students ◽  
Learning Experience ◽  
The Other ◽  
Health Crisis ◽  
Pedagogical Choices ◽  
The One ◽  
Teaching Learning ◽  
The University ◽  
Made In

This article presents the highlights of the learning experience within the teaching-learning scheme of French as an additional language as it was proposed to international students at the university to ensure pedagogical continuity during the health crisis between April and June 2020. Through vignettes that give an overview of the course, it proposes, on the one hand, to reflect on the pedagogical choices that were made in order to measure their effects effectively. On the other hand, it looks at the role of the tasks and the way in which they stimulate interaction, articulate or organise the cognitive, conative and socio-affective presence at a distance in this particular context. What emerges from the experience is that the flexible articulation of a set of tasks creates an organising framework that helps learners to shape their own curriculum while supporting their engagement. Overall, the pedagogical organisation of the device has led to potentially beneficial creative and socio-interactive use.

scholarly journals Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint

Argumentation ◽  
2020 ◽  
Author(s):  
Francesca Poggi
Keyword(s):  
Explanatory Power ◽  
The Other ◽  
Legal Argumentation ◽  
Legal Interpretation ◽  
Central Theme ◽  
Critical View ◽  
Legal Literature ◽  
Close Relationship ◽  
The One ◽  
Definition Of

AbstractThe phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will show that from an interpretative standpoint, there is nothing special about legal defeasibility. Contrary to what some authors maintain, no unique or privileged source of legal defeasibility exists, nor are there privileged arguments to justify it. Specifically, legal defeasibility refers to interpretative outcomes deriving from interpretative arguments that, on the one hand, are very different from one another, and, on the other, are often employed to justify different interpretative outcomes. In the legal field, the problems related to defeasibility have little in common with the problems that this label covers in other areas—such as logic or epistemology—and they are nothing but the well-known problems related to legal interpretation. In conclusion, this paper argues that as far as legal argumentation is concerned, the notion of legal defeasibility lacks explanatory power, and it should be abandoned.

The Letter of Recommendation as Strange Work

PMLA ◽  
2012 ◽  
Vol 127 (4) ◽  
pp. 954-962
Author(s):  
Margaret Ferguson
Keyword(s):  
The Other ◽  
Free Lunch ◽  
Other Hand ◽  
The Gift ◽  
English Major ◽  
The Common ◽  
The One ◽  
Gift Certificate ◽  
Time And Energy ◽  
Made In

On the one hand, the gift presents itself as a radical Other of the commodity—and therefore also of work, insofar as the latter is understood as an investment of time and energy made in the expectation of wages or profit. On the other hand, the idea of the gift seems constantly to be drawn back under the horizon of rational exchange, and to be thus endlessly re-revealed as a secret ally of both work and the Work.—Scott Cutler Shershow, The Work and the GiftI have put together all these details to convince you that this recommendation of mine is something out of the common.Quae ego omnia collegi, ut intellegeres non vulgarem esse commendationem hanc meam.—Cicero, Epistulae ad familiares, book 13LAST FALL I FOUND IN MY OFFICE MAILBOX AN ENVELOPE FROM A SOPHOMORE ENGLISH MAJOR WHO HAD ASKED ME DURING THE SUMMER for a last-minute letter of recommendation for a scholarship competition. The envelope contained a handwritten thank-you note—and a gift certificate for a local restaurant. I e-mailed the student to thank her and to tell her that I couldn't accept the gift certificate since the letter I had written for her was part of my job as a teacher. She insisted; I insisted. She said that several teachers had turned her down before I agreed (from a hotel in Germany) to write for her. I felt rueful, as well as grateful to her for the token of gratitude that I couldn't accept. Eventually she won the debate: I accepted the printed piece of paper and took my daughters out to a free lunch.

scholarly journals MALICE AS AN INGREDIENT OF TORT LIABILITY

2019 ◽  
Vol 78 (02) ◽  
pp. 355-382
Author(s):  
John Murphy
Keyword(s):  
Tort Law ◽  
The Other ◽  
Tort Liability ◽  
Public Office ◽  
The One ◽  
The Individual ◽  
Made In

AbstractThis article is concerned with the question of whether malice is an appropriate touchstone of liability in tort law. It begins by identifying four torts in which malice may properly be regarded as an ingredient of liability (distinguishing various other torts, such as private nuisance and defamation, in which malice plays a merely secondary and contingent role). Having identified these four torts – namely malicious prosecution, abuse of process, misfeasance in a public office and lawful means conspiracy – the article then seeks to identify a common juridical thread which links them together. So doing serves to rebut the allegation, often made in respect of all them, namely, that they are anomalous actions. It then concludes by considering the individual worth of these torts, bearing in mind the important difference between not being anomalous on the one hand, and being positively meritorious on the other. It concludes that a respectable defence of each of the four torts can be made even though malice is an atypical touchstone of liability.

V. Further observations on the structure and affinities of Eozoon Canadense . In a letter to the President. By William B. Carpenter, M. D., F. R. S., F. L. S., F. G. S

1867 ◽  
Vol 15 ◽  
pp. 503-508 ◽  
Keyword(s):  
The Other ◽  
Geological Time ◽  
The Subject ◽  
The One ◽  
Made In

When, on the 14th of December 1864, I addressed you on the subject of the remarkable discovery which had been recently made in Canada, and submitted by Sir William Logan to myself for verification, of a fossil belonging to the Foraminiferal type, occurring in large masses in the Serpentine-limestones intercalated among Gneissic and other rocks in the Lower Laurentian formation, and therefore long anterior in Geological time to the earliest traces of life previously observed, no doubts had been expressed as to the organic nature of this body, which had received the designation Eozoon Canadense . The announcement was soon afterwards made, that the Serpentine Marble of Connemara, employed as an ornamental marble by builders under the name of “Irish Green,” presented structural characters sufficiently allied to those of the Laurentian Serpentines of Canada to justify its being referred to the same origin. An examination of numerous decalcified specimens of this rock led me to the conclusion, that although the evidences of its organic origin were by no means such as to justify, or even to suggest, such a doctrine, if the structure of the Canadian Eozoon had not been previously elucidated, yet that the very exact correspondence in size and mode of aggregation between the Serpentine-granules of the Connemara Marble and those of the ‘acervuline’ portion of the Canadian, was sufficient to justify in behalf of the one the claim which had been freely conceded in regard to the other.

What is the Nature of the Crime of the Delinquent Daughter in Deuteronomy 22:13-21? A Rejoinder to J. Fleishman's Suggestion

2009 ◽  
Vol 59 (3) ◽  
pp. 446-459
Author(s):  
Meir Malul
Keyword(s):  
Death Penalty ◽  
The Other ◽  
Exact Nature ◽  
Previous Suggestion ◽  
Social Community ◽  
Legal Proceedings ◽  
The Social ◽  
The Law ◽  
New Interpretation ◽  
The One

AbstractThe exact nature of the girl's crime in the law of the delinquent daughter in Deut 22:13-21 is examined, starting by a detailed critique of J. Fleishman's previous suggestion in this journal (vol. 58, pp. 191-210) to construe it in the light of the law of cursing the parents in Exod 21:17 and understand it as an innovation and restriction of the latter law. In his view, the girl's sin is tantamount to cursing her parents, which, like the sin of the glatton and drunkard son according to Deut 21: 18-21, meant the undermining of the parents' authority and status, for which both boy and girl deserved the death penalty. In the following critique, it is underlined that the girl's sin is, first, not one of omission but of commission, and, second, it is not against her parents but against her husband, who is also the one to initiate the legal proceedings. A new interpretation is suggested, according to which the girl's crime, defined in v. 21 as an act of and a deed of, consisted not only in concealing her previous loss of virginity from her husband, thus deceiving him and her parents, but also in duping her husband into committing a sin comparable to that of lying with a menstruating, and thus desolate, woman. Being deprived of virginity, and thus of the socially recognized status of a virgin, she became, like Tamar (2 Sam 13:20), “desolate, forlorn”, an unenviable state from which only her seducer/ravisher could redeem her (thus are the sense and goal of the laws of the seduced virgin in Exod 22:15-16 and Deut 22:28-29). Trying to dupe her husband into steping in and performing what custom and law dictated the other man—the seducer/ravisher—should have done, and thus to arrogate to herself a social status she did not deserve, was then tantamount to undermining social structure and striking at the fibers that constituted the essence and integrity of the social community (cf. Prov 30:21-23).

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