Reply to D. C. Mirhady: Torture and rhetoric in Athens

1996 ◽  
Vol 116 ◽  
pp. 132-134 ◽  
Author(s):  
Gerhard Thür

The strong point of D. Mirhady's work (hereafter ‘M.’) lies in his interpretation of the rhetorical handbooks (technai). I agree in general with Part III, though admitting my lack of specialist knowledge in this field. To a large extent Part III confirms my observations on procedural law published in 1977 (Beweisführung, quoted supra n. 4). I approve of the opinion that, despite the use of written rather than oral testimony, the formulas, by which the evidence was used, did not change (M. after n. 62, see my recent article in: Die athenische Demokratie, ed. W. Eder [Stuttgart 1995], p. 329 f.). M. states an appealing hypothesis, that the introduction of written testimony did not so much change the procedure as provide the cause for a new handbook on rhetoric to be written, which he suggests was the common precursor to Aristotle and Anaximenes.

2021 ◽  
pp. 136571272110022
Author(s):  
Jennifer Porter

The common law test of voluntariness has come to be associated with important policy rationales including the privilege against self-incrimination. However, when the test originated more than a century ago, it was a test concerned specifically with the truthfulness of confession evidence; which evidence was at that time adduced in the form of indirect oral testimony, that is, as hearsay. Given that, a century later, confession evidence is now mostly adduced in the form of an audiovisual recording that can be observed directly by the trial judge, rather than as indirect oral testimony, there may be capacity for a different emphasis regarding the question of admissibility. This article considers the law currently operating in Western Australia, Queensland and South Australia to see whether or not, in the form of an audiovisual recording, the exercise of judicial discretion as to the question of the admissibility of confession evidence might be supported if the common law test of voluntariness was not a strict test of exclusion.


FEBS Letters ◽  
1986 ◽  
Vol 208 (1) ◽  
pp. 67-72 ◽  
Author(s):  
A.J. Harmar ◽  
A. Armstrong ◽  
J.C. Pascall ◽  
K. Chapman ◽  
R. Rosie ◽  
...  

Utilitas ◽  
2013 ◽  
Vol 26 (2) ◽  
pp. 218-220
Author(s):  
KARL EKENDAHL ◽  
JENS JOHANSSON

In a recent article, Joyce L. Jenkins challenges the common belief that desire satisfactionists are committed to the view that a person's welfare can be affected by posthumous events. Jenkins argues that desire satisfactionists can and should say that posthumous events only play an epistemic role: though such events cannot harm me, they can reveal that I have already been harmed by something else. In this response, however, we show that Jenkins's approach collapses into the view she aims to avoid.


Author(s):  
Aline Machado Weber

APONTAMENTOS SOBRE A EFETIVIDADE DA TUTELA JURISDICIONAL EM MATÉRIA PREVIDENCIÁRIA   NOTES ON THE EFFECTIVENESS OF JURISDICTIONAL PROTECTION IN SOCIAL SECURITY MATTERS  RESUMO: Ações em que se postula a concessão de benefícios previdenciários consistem em substancial parcela das demandas judiciais em curso no país. A despeito da sua importância em termos quantitativos, porém, ainda é tímido o interesse da doutrina no direito previdenciário pelo seu viés processual. O presente trabalho tem por objetivo analisar a tutela jurisdicional em matéria previdenciária enquanto instrumento hábil a equacionar os relevantes valores constitucionais em discussão. Vale-se, para tanto, da noção de lide previdenciária, na qual residiria o traço distintivo do processo judicial previdenciário. Em um primeiro momento, objetiva-se delinear a demanda judicial previdenciária, discorrendo sobre seu caráter individual e multifatorial, com destaque para a influência da Administração Pública e do Poder Judiciário no incremento da litigiosidade nessa seara. Em um segundo momento, analisa-se o processo judicial previdenciário, destacando os pontos críticos que impedem seja ele um processo de resultados, a saber, o distanciamento entre as esferas administrativa e judicial, a inadequação do procedimento comum, o excesso de instrução probatória e a postura pouco colaborativa das partes. Pretende-se, enfim, perquirir sobre a conveniência de se falar em um direito processual previdenciário e sobre as possibilidades que se abrem, a partir daí, para que esse processo judicial atinja seus escopos. PALAVRAS-CHAVE: Direito Previdenciário; Benefícios Previdenciários; Processo Judicial Previdenciário; Instrumentalidade; Eficiência. ABSTRACT: Lawsuits in which the concession of social security benefits is pursued comprise a substantial portion of lawsuits ongoing in the country. Despite its importance in quantitative terms, however, doctrine has still little interest in social security law in its procedural aspect. The present work has the purpose to analyze the jurisdictional protection in social security benefits matters as an apt instrument to equate the relevant constitutional values in discussion. It assumes, therefore, the concept of social security case, in which resides the distinctive feature of the welfare judicial proceedings. At first, the objective is to delineate the social security litigation, discussing its individual and multifactorial character, emphasizing the influence of public administration and the judiciary in the increase of litigation in this area. In a second moment, we analyze the social security judicial proceedings, highlighting the critical issues that prevent it to be a process of results, namely the distance between administrative and judicial realms, the inadequacy of the common procedures, excess of discovery phases, and little collaborative parties. We intend, ultimately, to assert the convenience of talking about a specific social security procedural law and the possibilities that are open, thenceforth, in order that these judicial proceedings reach its purposes. KEYWORDS: Social Security Law; Social Security Benefits; Social Security Legal Proceedings; Instrumentality; Efficiency.


Author(s):  
Mark Siderits

This work is designed to introduce some of the more important fruits of Indian Buddhist metaphysical theorizing to philosophers with little or no prior knowledge of classical Indian philosophy. It is widely known among non-specialists that Buddhists deny the existence of a self. Less widely appreciated among philosophers currently working in metaphysics is the fact that the Indian Buddhist tradition contains a wealth of material on a broad assortment of other issues that have also been foci of recent debate. Indian Buddhist philosophers have argued for a variety of interesting claims about the nature of the causal relation, about persistence, about abstract objects, about the consequences of presentism, about the prospects for a viable ontological emergentism. They engaged in a spirited debate over illusionism in the philosophy of consciousness. Some espoused global anti-realism while others called its coherence into question. And so on. This work is meant to introduce the views of such major Buddhist philosophers as Vasubandhu, Dharmakīrti, and Nāgārjuna on these and other issues. And it presents their arguments and analyses in a manner meant to make them accessible to students of philosophy who lack specialist knowledge of the Indian tradition. Analytic metaphysicians who are interested in moving beyond the common strategy of appealing to the intuitions of “the folk” should find much of interest here.


1987 ◽  
Vol 87 (4) ◽  
pp. 507-512
Author(s):  
C. Sato ◽  
S. Ito ◽  
T. Takeuchi

Cells of TM10, an established cell line, are melanocytes that contain equal amounts of eumelanin (black pigment) and pheomelanin (yellow pigment). The content of pheomelanin drastically increased when the cells were cultured in growth medium containing 0.2mM-L-dopa (L-dihydroxyphenylalanine), which is the common precursor for both eumelanogenesis and pheomelanogenesis. After this treatment, the amount of pheomelanin was 3.7-fold greater than that of control in TM10, whereas the amount of eumelanin changed very little. In contrast, 5-S-cysteinyl-dopa, which is the specific precursor for pheomelanogenesis downstream of L-dopa, did not cause preferential increase in pheomelanogenesis. Ultrastructural observations also confirmed these results; in 0.2mM-L-dopa, an increase in the number of pheomelanosomes was observed in the cytoplasm of TM10 cells. Our results also suggest that the L-dopa treatment results in a decrease in tyrosinase activity per melanosome.


Sign in / Sign up

Export Citation Format

Share Document