Text operators as dialogical mechanisms in judgments of the French Court of Cassation

2021 ◽  
Author(s):  
Anna Dolata-Zaród

Abstract The aim of this article is to present text markers as a dialogical mechanism in the French language used in a legal setting. The dialogue between the court and the public administration takes place primarily through a judgment’s justification. On the other hand, the dialogue between the authorities and the court takes place in two possible variants: as a response to the parties allegations raised in the complaint or cassation complaint or as arguments formulated in the cassation complaint. Analyzing the decisions issued by the French Cour de cassation, one may notice that this material is characterized by three aspects: intentional, conventional and institutional, as it refers to a set of established beliefs about the nature of the world of a given community.

2018 ◽  
Vol 66 (4) ◽  
pp. 507-531 ◽  
Author(s):  
Michael Großheim

Abstract We know that Helmuth Plessner complained about his anthropological magnum opus, published in 1928, being overshadowed by Heidegger from the beginning. When the latter, in turn, responded to Plessner, for example to his preface to Stufen, it was always anonymously; Heidegger never actually mentioned Plessner in any publication. Plessner on the other hand emphasized that he had developed his concept without any knowledge of Sein und Zeit, even though since 1924, he had shown strong interest in the yet-unknown colleague’s work. Thus, it appeared to the public that they philosophised independently of one another. In fact, the situation is much more complicated. This paper tries, above all, to identify the sources of the peculiar discomfort caused on both sides by the work of the respective other, as well as to delineate the philosophical effects. Notably in Heidegger’s case, not enough is known about this. Heidegger starts out, in the 1920’s, cultivating a strong anti-anthropological affect; however, after his triumphal success, both with his publication and in the institutional field, in 1927/1928, he finds himself in an orientation crisis; it is from this point onwards that traces of Plessner’s anthropology can be found in his thinking. Ultimately, Plessner will prove a serious source of irritation as well as of inspiration for Heidegger. Additionally, from a systematic point of view, the present text retraces the main points of Plessner’s critique (subjectivity, disembodiedness of fundamental ontology). The investigation makes use of a broader corpus of text than was available to Plessner and Heidegger’s contemporaries, and concentrates on two questions: Did Plessner understand his opponent? Is he able to raise valid objections? It becomes obvious that Plessner is right in complaining about disembodiedness (even though his own Leib philosophy remains conceptually diffuse), while some differentiation is advisable concerning the subjectivism charge.


PEDIATRICS ◽  
1982 ◽  
Vol 70 (2) ◽  
pp. 234-234
Author(s):  

. . . Revolutions born in the laboratory are to be sharply distinguished from revolutions born in society. Social revolutions are usually born in the minds of millions, and are led up to by what the Declaration of Independence calls "a long train of abuses," visible to all; indeed, they usually cannot occur unless they are widely understood by and supported by the public. By contrast, scientific revolutions usually take shape quietly in the minds of a few men, under cover of the impenetrability to most laymen of scientific theory, and thus catch the world by surprise. . . . But more important by far than the world's unpreparedness for scientific revolutions are their universality and their permanence once they have occurred. Social revolutions are restricted to a particular time and place; they arise out of particular circumstances, last for a while, and then pass into history. Scientific revolutions, on the other hand, belong to all places and all times. . . . Works of thought and many works of art have a . . . chance of surviving, since new copies of a book or a symphony can be transcribed from old ones, and so can be preserved indefinitely; yet these works, too, can and do go out of existence, for if every copy is lost, then the work is also lost. The subject matter of these works is man, and they seem to be touched with his mortality. The results of scientific work, on the other hand, are largely immune to decay and disappearance.


2018 ◽  
Vol 4 (2) ◽  
pp. 185-188
Author(s):  
Hamed Purrostami

Mutual duties and rights between people and sovereignty is one of the strategic and significant issues in the contemporary world. In the Islamic teachings especially Nahjulbalaghah it is not that the right is allocated to the ruler and government and on the other hand people only have duties and responsibilities. Rather the ruler has the significant duties even if he would be innocent. Among the strategic tasks of the ruler and leader are: Benevolence, Fair distribution of wealth and management of education system. These duties are, at the same time, the rights of the people and the ruler. On the other hand, people have duties in front of the Islamic ruler. In other words, these duties are rights of Religious Governance including loyalty to sovereignty, Support and response to demands of authority and etc. It is worthy to mention, the main aim of these rights and duties has been devised to provide the felicitous life for people in the world and hereafter.


2020 ◽  
Vol 12 (1) ◽  
pp. 19-36
Author(s):  
Nisar Alungal Chungath

Identity is not a fixed and frozen prison-house for the self, but a liquid continuum, affected and shaped by the ‘outside’ or the world. The self, which is situated and which undergoes revisions and transformations, keeps identity as a frame within which it makes sense of things. On the one hand, there is a ‘history’ within which an identity is rooted and through which meaning-making is made possible, and on the other hand, every person aspires to be a ‘universal’ and recognition-worthy human being. Both inherent identity and inherent universality of the self should be considered in their interactions in the public sphere, which has been traditionally viewed as a space of discrete individualities. The ontological force of this argument aside, the paper demonstrates that reduction of an identity without crediting its aspiration for universality and consideration of universality without crediting the historical underpinnings of identity are both acts of violation. 


2019 ◽  
Vol 16 (1 (4)) ◽  
pp. 19-28
Author(s):  
Piotr Przybysz

The paper presents changes in the way of organizing administrative duties enforcement authorities that took place after 1990. It was found that the changes were caused primarily by alterations in the public administration system. The positive side of the changes is the introduction of the principle that enforcement authorities can be established only by law. The number of bodies authorized to conduct administrative enforcement has decreased, which creates better conditions for the specialization of officials in the field of administrative enforcement. On the other hand, the negative side of the changes is their partial nature and modification of changes after a short period of their validity, and even a return to previous solutions. The legislator does not seem to have a coherent concept of the organization of the administrative enforcement apparatus.


2021 ◽  
Vol 18 (1) ◽  
pp. 20-38
Author(s):  
Joachim Popek ◽  

This article concentrates on an inquest held by the local commission in Sanok into the common rights claimed by the inhabitants of the town of Rymanów in the latter half of the 19th century. The negotiations, which commenced in 1859, sometimes took a heated turn. They were attended by much conflict and misunderstanding, equally between the manor and the town as among the townsfolk themselves. Conclusions drawn from the analysis of the archive source provided the basis on which to evaluate the activities of each of the parties – the town’s agents and the landlords – and, interestingly, those of the commissioners and other officials in the public administration, whose decisions exhibited bias. The townsfolk began the negotiation from a position of certainty and conviction of the legal force of Prince Czartoryski’s privilege granting the disputed common rights to them. The manor’s agent, on the other hand, took a bold position, which he consistently maintained. He disputed the authenticity of Czartoryski’s grant and even the fact that the Prince had ever held the manor. This approach ultimately proved successful. Attention is also drawn to the role played by local commissioners and the officials in the National Commission in Lviv, the latter making the most important decisions. The first phase demonstrates the commissioners’ influence on the original outcome. The rationale given for the second decision, on the other hand, shows the arbitrariness with which the Lviv Commission made its ruling, based on just one official document. Analysis of the proceedings highlights a more general trend prevalent in Galicia, first described in the example of Rymanów. This is a case in which two consecutive inquests in the same matter ultimately ended in a negative decision. In other words, the townsfolk’s claims were dismissed, and they were denied any common rights eligible for buyout or regulation.


Author(s):  
Laura Hengehold

Most studies of Simone de Beauvoir situate her with respect to Hegel and the tradition of 20th-century phenomenology begun by Husserl, Heidegger, and Merleau-Ponty. This book analyzes The Second Sex in light of the concepts of becoming, problematization, and the Other found in Gilles Deleuze. Reading Beauvoir through a Deleuzian lens allows more emphasis to be placed on Beauvoir's early interest in Bergson and Leibniz, and on the individuation of consciousness, a puzzle of continuing interest to both phenomenologists and Deleuzians. By engaging with the philosophical issues in her novels and student diaries, this book rethinks Beauvoir’s focus on recognition in The Second Sex in terms of women’s struggle to individuate themselves despite sexist forms of representation. It shows how specific forms of women’s “lived experience” can be understood as the result of habits conforming to and resisting this sexist “sense.” Later feminists put forward important criticisms regarding Beauvoir’s claims not to be a philosopher, as well as the value of sexual difference and the supposedly Eurocentric universalism of her thought. Deleuzians, on the other hand, might well object to her ideas about recognition. This book attempts to address those criticisms, while challenging the historicist assumptions behind many efforts to establish Beauvoir’s significance as a philosopher and feminist thinker. As a result, readers can establish a productive relationship between Beauvoir’s “problems” and those of women around the world who read her work under very different circumstances.


2020 ◽  
Vol 11 (SPL1) ◽  
pp. 171-174
Author(s):  
Tarare Toshida ◽  
Chaple Jagruti

The covid-19 resulted in broad range of spread throughout the world in which India has also became a prey of it and in this situation the means of media is extensively inϑluencing the mentality of the people. Media always played a role of loop between society and sources of information. In this epidemic also media is playing a vital role in shaping the reaction in ϑirst place for both good and ill by providing important facts regarding symptoms of Corona virus, preventive measures against the virus and also how to deal with any suspect of disease to overcome covid-19. On the other hand, there are endless people who spread endless rumours overs social media and are adversely affecting life of people but we always count on media because they provide us with valuable answers to our questions, facts and everything in need. Media always remains on top of the line when it comes to stop the out spread of rumours which are surely dangerous kind of information for society. So on our side we should react fairly and maturely to handle the situation to keep it in the favour of humanity and help government not only to ϑight this pandemic but also the info emic.


ARTic ◽  
2019 ◽  
Vol 4 ◽  
pp. 167-176
Author(s):  
Risti Puspita Sari Hunowu

This research is aimed at studying the Hunto Sultan Amay Mosque located in Gorontalo City. Hunto Sultan Amay Mosque is the oldest mosque in the city of Gorontalo The Hunto Sultan Amay Mosque was built as proof of Sultan Amay's love for a daughter and is a representation of Islam in Gorontalo. Researchers will investigate the visual form of the Hunto Sultan Amay Mosque which was originally like an ancient mosque in the archipelago. can be seen from the shape of the roof which initially used an overlapping roof and then converted into a dome as well as mosques in the world, we can be sure the Hunto Sultan Amay Mosque uses a dome roof after the arrival of Dutch Colonial. The researcher used a qualitative method by observing the existing form in detail from the building of the mosque with an aesthetic approach, reviewing objects and selecting the selected ornament giving a classification of the shapes, so that the section became a reference for the author as research material. Based on the analysis of this thesis, the form  of the Hunto Sultan Amay mosque as well as the mosques located in the archipelago and the existence of ornaments in the Hunto Sultan Amay Mosque as a decorative structure support the grandeur of a mosque. On the other hand, Hunto Mosque ornaments reveal a teaching. The form of a teaching is manifested in the form of motives and does not depict living beings in a realist or naturalist manner. the decorative forms of the Hunto Sultan Sultan Mosque in general tend to lead to a form of flora, geometric ornaments, and ornament of calligraphy dominated by the distinctive colors of Islam, namely gold, white, red, yellow and green.


APRIA Journal ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 11-16
Author(s):  
José Teunissen

In the last few years, it has often been said that the current fashion system is outdated, still operating by a twentieth-century model that celebrates the individualism of the 'star designer'. In I- D, Sarah Mower recently stated that for the last twenty years, fashion has been at a cocktail party and has completely lost any connection with the public and daily life. On the one hand, designers and big brands experience the enormous pressure to produce new collections at an ever higher pace, leaving less room for reflection, contemplation, and innovation. On the other hand, there is the continuous race to produce at even lower costs and implement more rapid life cycles, resulting in disastrous consequences for society and the environment.


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