Pravni i medicinski aspekti nematerijalne štete

The purpose of this paper is to analyze the applicability of Orientation Criteria of the Croatian Supreme Court from 2002. on determining compensation for non-pecuniary damage by the Law on Obligations from 2005. When Law on Obligations (2005) came into force, it essentially changed the system of compensation for non-pecuniary damage in such a way that, instead of the subjective concept of non-pecuniary damage, it introduced an objective concept of non-pecuniary damage.Attention is given to the basic problems in defining nonpecuniary damage and the recognition of the right to monetary compensation in personal injuries cases.

Probabilities in Statistical Mechanics

This chapter deals with the question of how we should think of the probabilities introduced in statistical mechanics. It is usually said that these probabilities are introduced on the basis of our ignorance of the precise state of the system, or our incapacity to treat analytically the equations of motion in order to deliver a detailed account of the evolution of the system, or both. This suggests an epistemic reading. However, we make predictions on the basis of them, that are verified by experiment. This suggests that they be thought of as objective chances. It looks as if we have to employ both the epistemic and the objective concept, in an inconsistent way. Moreover, the standard equilibrium probabilities, applied to a system that has relaxed to equilibrium while isolated from its environment, cannot be either credences or chances. It is argued that the hybrid concept, epistemic chance, resolves these puzzles and is suited to play the role required of probability in statistical mechanics.

The concept of time and space in light of reflective activity of human brain

The subject of this research is defined by the following question: what allows a person to differentiate time phenomenon from all other; is inconsistency of materialistic world alone enough for encountering the time phenomenon; what are the sources of inseparable link between time with action and space; what is duration and how it differs from time; what is the substantiation for all properties assigned to time; what is the nature of qualities attributed to space? The author proposes an original approach towards solution of the problem of time: before speaking of one or another nature of time, it should be clearly realized which phenomenon is in question, what is the distinctive feature allowing its identification, and what are the form, way and conditions of its manifestation. The article determines an inseparable link of the time phenomenon with the function that people unconsciously assign in the course of their practical activity to sequence of occurrences, formed by the shift in current states of rotation of the Earth. Active role of brain of the subject in “organization” of time phenomenon is revealed alongside. The affiliation of the concept of time to the range of concept-statuses alongside general specificity of the objective concept of such concepts are determined. The conclusion is made that there was a time when time did not exist. The author provides definitions to the fundamental time concepts based on the revealed objective content of these concepts. The fact is stated on the emergence of a completely new concept of time that gives the key to unraveling all of its mysteries.  

Complexity and Passage

Chapter 15 treats rhythm as the shaping of events and their succession, rather than as a pre-existent or transcendent order of isochronous division or fixed pattern. Although “rhythm” has come to imply the regularity of a repeated unit or pattern, the author argues that it also evokes the dynamic, temporal connotations of flow conceived not as of a homogeneous substance (“time”) but rather as a fluid, active, and characterful creation of things or events. The chapter thus prioritizes a living, subjective sense of rhythm over a non-vital, objective concept. The author relates this concept to poetry through a reading of the opening of Keats’s “Hymn to Pan,” from Endymion, analyzing the continuing “life” of the vocal impulse along the lines and through the word-sounds taken as “mouth events”—a reading after the manner of M. H. Abrams.

SYAIBANI ECONOMIC THOUGHT ON AL-KASB

The purpose of this research is to investigate the economic thought of al Imam Muhammad bin Hasan Al Syaibani focusing on Al-Kasb. Methodology used in this research is qualitative. The data collected from various litetaures on related productions specially in book Al Kasb. This research found that Al-Syaibani al-Kasb (production), that is, as seeking the acquisition of property through various halal methods. In economics, this activity is included in the production activity. The concept of maslahat is an objective concept of producer behavior because it is determined by the goal (maqashid) of shari'ah which is to maintain the benefit of humans in the world and the hereafter. Asy-Syaibani asserted that production is mandatory.

Interpreting the Contours of Self-Defence within the Boundaries of the Rule of Law, the Common Law and Human Rights

The Crime and Courts Act 2013 has amended s. 76 of the Criminal Justice and Immigration Act 2008 on the amount of force a person can use in self-defence. The amended provision poses a dilemma for the courts: it states that only reasonable force can be used by a householder against a trespasser, but adds that force is unreasonable if it is grossly disproportionate. Until now, the courts have treated reasonable force and proportionate force as synonyms. This article suggests that the amended s. 76 should be interpreted to comply with the rule of law, incorporating the idea of equality before the law and legality. The courts should respect the traditional common law concept of reasonableness which is an impartial, objective concept that plays an important role across the whole of the criminal legal system. In addition, the article points out that the Act must be interpreted, where possible, in accordance with the European Convention on Human Rights to avoid the problems that arose with the defence of lawful chastisement.