Facilitating case comparison using value judgments and intermediate legal concepts

2011 ◽  
Author(s):  
Matthias Grabmair ◽  
Kevin D. Ashley
Keyword(s):  
Value Judgments ◽  
Case Comparison ◽  
Legal Concepts

Whose Justice? What Political Theology?

2017 ◽  
Author(s):  
Pamela Slotte
Keyword(s):  
Twentieth Century ◽  
Political Theology ◽  
Good Deal ◽  
The Political ◽  
Value Judgments ◽  
Religious Attitudes ◽  
Faith Based ◽  
Legal Concepts ◽  
Articles Of Faith ◽  
Theological Thought

This chapter contributes to scholarship that has suggested that a good deal of twentieth-century internationalism was faith-based, even if this remained tacit. It offers insights into religious attitudes underpinning twentieth-century internationalism and the formation of international legal concepts and institutions. It looks at how religiously framed matters and articles of faith were given a ‘secular’ reinterpretation during the early twentieth century, in the name of peace and a just international order, and offers an account of the political theology that this reconceptualization of ‘the sacred’ in terms of ‘the secular’ expressed. It shows that liberal theological thought, with an optimistic outlook on man and history, a progression narrative, and an attempt to mediate between theology and the epistemological demands of the positive sciences—inter alia through dismissal of traditional metaphysics and turning to ‘ethics’/value judgments and ‘vocation’—formed the framework within which internationalist Christian action in this period was to a large extent grounded.

Hybrid laparoscopic versus open Pylorus-Preserving Pancreatoduodenectomy: retrospective matched case comparison in 80 patients

2014 ◽  
Vol 52 (08) ◽  
Author(s):  
UF Wellner ◽  
S Küsters ◽  
C Busch ◽  
O Sick ◽  
P Bronsert ◽  
...  
Keyword(s):  
Case Comparison ◽  
Matched Case

Determinants of Abuse of the Bodies of the Dead

2019 ◽  
pp. 71-77
Author(s):  
Margarita Khomyakova
Keyword(s):  
Low Income ◽  
Criminal Code ◽  
Value Judgments ◽  
Legal Norms ◽  
Low Level ◽  
Medical Institutions ◽  
Specific Object ◽  
The Subject ◽  
The Dead ◽  
High Level

The author analyzes definitions of the concepts of determinants of crime given by various scientists and offers her definition. In this study, determinants of crime are understood as a set of its causes, the circumstances that contribute committing them, as well as the dynamics of crime. It is noted that the Russian legislator in Article 244 of the Criminal Code defines the object of this criminal assault as public morality. Despite the use of evaluative concepts both in the disposition of this norm and in determining the specific object of a given crime, the position of criminologists is unequivocal: crimes of this kind are immoral and are in irreconcilable conflict with generally accepted moral and legal norms. In the paper, some views are considered with regard to making value judgments which could hardly apply to legal norms. According to the author, the reasons for abuse of the bodies of the dead include economic problems of the subject of a crime, a low level of culture and legal awareness; this list is not exhaustive. The main circumstances that contribute committing abuse of the bodies of the dead and their burial places are the following: low income and unemployment, low level of criminological prevention, poor maintenance and protection of medical institutions and cemeteries due to underperformance of state and municipal bodies. The list of circumstances is also open-ended. Due to some factors, including a high level of latency, it is not possible to reflect the dynamics of such crimes objectively. At the same time, identification of the determinants of abuse of the bodies of the dead will reduce the number of such crimes.

LEXICAL FEATURES OF THE ENGLISH LANGUAGE IN THE LEGAL SPHERE

2020 ◽  
Author(s):  
Ольга Александровна Морохова
Keyword(s):  
English Language ◽  
International Communication ◽  
International Bank ◽  
Special Place ◽  
Legal Concepts

В статье представлены результаты исследования по изучению лексических особенностей английского языка в правовой сфере. Автор статьи показывает, что английский язык является языком международного общения и занимает особое место в формировании международного правового поля. В статье особое внимание уделено анализу международного банка ключевых правовых понятий. The article presents the results of a research on the study of the lexical features of the English language in the legal sphere. The author of the article shows that English is the language of international communication and occupies a special place in the formation of the legal field. The article pays special attention to the analysis of the international bank of key legal concepts.

Moral Responsibility for Unwitting Omissions

2017 ◽  
Author(s):  
Dana Kay Nelkin ◽  
Samuel C. Rickless
Keyword(s):  
Moral Responsibility ◽  
Common Sense ◽  
Value Judgments ◽  
Moral Significance ◽  
Common Sense Morality ◽  
And Control

Unwitting omissions pose a challenge for theories of moral responsibility. For common-sense morality holds many unwitting omitters morally responsible for their omissions, even though they appear to lack both awareness and control. People who leave dogs in their car on a hot day or forget to pick something up from the store as they promised seem to be blameworthy. If moral responsibility requires awareness of one’s omission and its moral significance, it appears that the protagonists of these cases are not morally responsible. This chapter considers and rejects a number of influential views on this problem, including a view that grounds responsibility for such omissions in previous exercises of conscious agency, and “Attributionist” views that ground responsibility for such omissions in the value judgments or other aspects of the agents’ selves. The chapter proposes a new tracing view that grounds responsibility for unwitting omissions in past opportunities to avoid them.

Italy

2018 ◽  
Author(s):  
Delia Ferri
Keyword(s):  
Significant Influence ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Constitutional Court ◽  
Judicial Activism ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Indirect Discrimination ◽  
Legal Concepts ◽  
Domestic Law

Italy was among the first countries to sign the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, and ratified it in 2009 by Law 18/2009. Since then, the Convention has displayed significant influence on case law, and provoked a degree of judicial activism. This chapter provides an overview of how Italian courts have used and interpreted the CRPD. It highlights how Italian lower and higher courts, including the Constitutional Court and the Court of Cassation, have attempted to overcome the gap between domestic law and the CRPD, by ‘rethinking’ legal concepts in light of the Convention. This is evident with regards to the field of legal capacity and the domestic provisions of the civil code on the ‘administration of support’, but also to non-discrimination legislation, the scope of which has been evidently enlarged to encompass the failure to provide reasonable accommodation as a form of indirect discrimination.

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