Fudging the Outcome of Much Ado About Nothing

This article asserts that in Much Ado About Nothing Shakespeare lays open the rottenness within an arbitrary system of government but does not dare carry the plot to its logical conclusion. The responses to events by the dominant nobles, a prince and a count, are not merely foolish and damaging, but, in light of the guidance of, among others, Girolamo Muzio and Baldassare Castiglione, deeply dishonourable. The playmakers, as the most talented team in the realm licensed for performance entertainment, create a historically credible set of characters, but, possibly because they wish to continue to benefit from their protected status and draw their regular customers, do not make explicit any radical questioning of rank and degree. An analysis of Margaret’s role suggests a strategic ambiguity within the jocular ending.

Tolerating Ambiguity: Reflections on the Schrems II Ruling

This paper considers the European Court of Justice’s Schrems II ruling from a variety of angles. From a strictly legal point of view, considering the GDPR, the CJEU came to a logical conclusion. In this paper, I nevertheless try to think about other ways of understanding the dispute and the ruling. In addition to data protection law, the case is about surveillance, platform power, resistance, global politics, data territoriality and the Court’s competence. These sensitive issues come forth when the strict data protection issues are set aside and a slightly more open analysis undertaken. In the end, however, the ruling does bring about real-life problems that pertain to data protection law. Transfers of data to third countries are a pressing problem that no one seems to know how to solve.

The Validity, Effectiveness, and Enforceability of an Arbitration Agreement: Issues and Solutions

The main reason for dispute in international commercial arbitration is the existence of an arbitration agreement concluded between the parties to a foreign trade agreement. The procedure of dispute resolution in international commercial arbitration will depend on the extent to which this arbitration agreement is concluded correctly in accordance with the norms of international and national law. Quite often, in the law enforcement activities of both national courts and arbitrations, there are questions about the validity, effectiveness, and enforceability of an arbitration agreement. In different countries, this issue is addressed ambiguously. In one case, national law takes precedence, and, accordingly, national courts are empowered to consider the validity, effectiveness, and enforceability of an arbitration agreement. In other cases, however, the autonomy of the arbitration agreement is a priority aspect of the consideration of any procedural issues by international commercial arbitration as the only and indisputable body authorised by the parties to the foreign trade agreement to consider a particular dispute. The article analyses doctrinal and legislative approaches to this issue, in which the authors come to the logical conclusion that national courts do not consider the validity, effectiveness, and enforceability of an arbitration agreement.

“Nomenclature changes, essence unchanged”: Peripheral prisons reform and refusal to alter deterrence for rehabilitation

The study focused on the Nigerian correctional institution and its mandate at rehabilitating convicts in preparedness for life outside bar and by implication reintegrating reformed individuals who are believed to pose no further threat to serenity of the society. Nigerian Correctional Service, previously known as Nigerian Prison Service, like its peer institution in the world, is primarily saddled with the responsibility to correct and reform convicts with the intent of reintegration back to conventional society. However, in Nigeria, this idea is render null and void with the broad-spectrum conception that when a person is sentenced to serve a jail term, that ultimately signifies the end of his or her worth in the society. Hence, the paper interrogates the Nigerian Correctional Service as an institution vested with the priority of making convicts better individuals. Emphasis was placed on the purported reformation of the institution in 2019. A secondary source was used for data collection and the content analytical approach was adopted which led to inferences drawn and logical conclusion established. The work reveals problems of welfare, infrastructural decay, and congestion coupled with pseudo rehabilitation obtainable in the institution. The study recommends that the Nigerian criminal justice system deserve an overhaul.

Problems of determining the subjective side of crimes related to harm to life and health during sports competitions and sports

The article analyzes the various approaches of scientists criminologists presented in the legal literature and its criminal-legal component to the problem of sports injuries. Further, an attempt is made to determine the criminal legal boundaries of causing physical harm (injury) in the process of sports, training. Particular emphasis is placed on the content of the subjective side of the actions of the wrecker. The authors analyze various approaches of forensic scientists to the problem of sports injuries and its criminal-legal component, presented in the legal literature, make an attempt to determine the criminal-legal boundaries of causing physical harm (injury) in the process of sports competitions, training. Special emphasis is placed on the content of the subjective side of the harm done by the inflictor. Proposals are formulated for law enforcement practice in terms of accounting for deliberate or careless violation of the rules of sports competitions. At the same time, special attention is paid to the problems of law enforcement, the existence of which is due to optional signs of the subjective side of crimes, which regulate responsibility for causing harm to life and health in the course of sports and sports. The authors come to the logical conclusion that when developing the criminal-legal content of lawful harm during sports, it is necessary to pay more attention to subjective elements and signs that characterize the internal attitude of the perpetrator to the actions he has committed and the consequences that have occurred as a result of these actions in situations of lawful harm.

OPENING OF CASES IN ECONOMIC JUDICIAL PROCEEDINGS

Not every appeal to the court means the automatic opening of proceedings, because the statement of claim must still be checked by a judge for compliance with the requirements of procedural law on form and content, compliance with the rules of jurisdiction, lack of abuse of the right to appeal by the plaintiff etc. All this allows for a balance between the rights of the parties to the dispute. The purpose of the article is a theoretical understanding of the stage of opening proceedings in economic procedure, a systematic analysis of the grounds and consequences of procedural decisions made by the economic court at this stage, and highlighting on this basis the author’s vision and purpose of the stage of opening proceedings. The author emphasizes that based on the results of checking the statement of claim for compliance with the Code of Economic Procedure of Ukraine, the judge makes one of four decisions: leaves the statement of claim without motion, returns the statement of claim, opens proceedings or refuses to open proceedings. The opening of proceedings is a ne cessary condition for further consideration of the business case, and therefore is the logical conclusion of this stage. Leaving the statement of claim without action does not lead to the opening of proceedings immediately, but such proceedings may be opened later, after eliminating the shortcomings of the statement of claim. If the plaintiff has not eli minated the shortcomings of the statement of claim within the period established by the court, the statement is considered unfiled and returned to the person who filed the statement of claim. According to the results of the study, the author concludes that the stage of initiating proceedings in commercial litigation is important because, on the one hand, it acts as a kind of procedural filter that allows to “screen out” claims filed in violation of legal requirements for their form and content, as well as lawsuits filed in violation of the rules of jurisdiction and jurisdiction, and on the other hand — allows the court to make priority preparatory actions for future litigation (to determine whether the rules of general or summary proceedings will be considered, to resolve conducting several cases, to set a deadline for the parties to submit relevant documents on the merits of the case, etc.). The opening of proceedings is a necessary condition for further consideration of the business case, and therefore is the logical conclusion of this stage. The judge is unable to detect the existence of most grounds for refusal to initiate proceedings (except when the application is not subject to consideration under the rules of commercial procedure) without taking additional actions that are not provided by the Code of Economic Procedure of Ukraine.

God’s Devils: Pragmatic Theodicy in Christian Responses to Ṣalāḥ al-Dīn’s Conquest of Jerusalem in 1187

This paper considers Christian responses to the problem of evil following Ṣalāḥ al-Dīn’s conquest of Jerusalem. Among Catholics, Audita Tremendi offered the orthodox response that God was punishing Christian sin. However, the logical conclusion of this view is that the Muslims were agents of God despite being “evil” for having captured Jerusalem from Christians. Twelfth-century theologians believed that God could use demons in the service of good. In response to 1187, while many Christians portrayed the Muslims as evil, some expressed that they were divine agents. Meanwhile, others murmured that Muslim gods (including, to some, Muḥammad) were superior to Christian ones; that the Christian god was apathetic, violent, or wicked; that the crusade of 1189–92 was against God’s will; and that crusaders were murderers. Thought-terminating clichés centring on the divine mysteries permitted the continuance of Christianity in the face of this profound theodical controversy.

Can a re-animated New Deal see off Trump Republicanism?

Because of the quirks of the US constitution, Democrats find it difficult to assemble an electoral coalition capable of delivering working majorities in both chambers of Congress and a Democrat president. In the 2020 elections, Biden's electoral college victory was secured by 44,000 votes, distributed in three states. Republicans currently hold 59 state chambers to the Democrats' 39, and they will use this to further gerrymander boundaries and suppress votes. Trump took Reagan's Republican strategy - small government, populism and mobilising conservatives - to a logical conclusion by seeking to wreck government as a deliberate strategy and mobilising right-wing extremists to support his rule. Repairing Americans' faith in government is a long term task . However, Biden's continuing allegiance to the ideas of the New Deal, and the recognition the party must now give to its grassroots activists, particularly in black communities, may help to energise the Democrat coalition.

Pragmatism as Problem Solving

At the level of sociological practice a three-sided debate occurs in American sociology between the rationalist tradition, in which the goal is the better understanding of society; the emancipatory tradition, in which the goal is improvement of society; and the skeptical tradition, which argues that we cannot know if either our knowledge or our norms are correct, and therefore it is not possible to expect progress in either. Each of these strands runs into difficulties: for the rationalist tradition, an inability to cumulate knowledge; for the emancipatory tradition, a difficulty in grounding the norms that would determine what counts as emancipation if norms are socially constructed; and for the skeptical tradition, inability to accept the logical conclusion of the argument, which is inaction even in the face of extreme injustice. The author shows that when pressed on these points, each tradition moves in the direction of pragmatism understood as problem solving, and that the practice of problem solving offers resolutions to these dilemmas.