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Author:
Publisher: Editions Bréal
ISBN: 2749523141
Category :
Languages : en
Pages : 241

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Author: Isabelle Ratié
Publisher: BRILL
ISBN: 900421643X
Category : Religion
Languages : en
Pages : 810

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Book Description
Recent scholarship on Śaivism has significantly expanded our knowledge of the religious dimensions of Medieval Śaiva movements. However, the philosophical aspects displayed by some of the texts produced in these milieux remain largely unrecognized. The present study helps fill this lacuna by exploring the sophisticated and original philosophical system elaborated by the Kashmiri Śaiva nondualists Utpaladeva (fl. c. 925-975) and Abhinavagupta (fl. c. 975-1025). The book shows that this system cannot be reduced to a mere scriptural exegesis and examines the genesis of the main concepts found in the Pratyabhijñā (“Recognition”) philosophy while taking into account the complexity of the philosophical field (already occupied by various currents, Buddhist as well as Brahmanical) in which Utpaladeva’s thought was developed. Si les récents travaux de recherche consacrés au śivaïsme ont permis de mieux comprendre les dimensions religieuses des mouvements śivaïtes médiévaux, les aspects proprements philosophiques de certains des textes produits dans ces milieux demeurent largement méconnus. La présenté étude se propose de contribuer à combler cette lacune en explorant le système philosophique complexe et original élaboré par les śivaïtes non dualistes cachemiriens Utpaladeva (925-975) et Abhinavagupta (975-1025). Montrant que ce système ne se réduit pas à une exégèse scripturaire, l’ouvrage examine la genèse des concepts de la philosophie de la Pratyabhijñā ou “Reconnaissance” en prenant en compte la complexité du champ philosophique (déjà investi par divers courants aussi bien bouddhiques que brahmaniques) dans lequel la pensée d’Utpaladeva s’est développée.

Author: Christian von Bar
Publisher: sellier. european law publ.
ISBN: 3935808631
Category : Damages
Languages : en
Pages : 1441

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Book Description
In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another - in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict - is the area of law which determines whether one who has suffered a damage, can on that account demand reparation - in money or in kind - from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.

Author: J. B. Ozinde
Publisher:
ISBN:
Category : French language
Languages : en
Pages : 526

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Author: Peter Hamilton
Publisher: Taylor & Francis
ISBN: 9780415110471
Category : Biography & Autobiography
Languages : en
Pages : 312

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Author: Dobrochna Bach-Golecka
Publisher: Springer Nature
ISBN: 3030670007
Category : Law
Languages : en
Pages : 458

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Book Description
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.

Author: Carlo Maria Masieri
Publisher: Taylor & Francis
ISBN: 1040096980
Category : Law
Languages : en
Pages : 85

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Book Description
This book aims to analyse the legal tools that the legislatures of France, Germany and Italy adopted in order to regulate medical malpractice. In the mid-1970s, a reform movement started in the United States, where there was considerable concern about then ongoing medical malpractice crises. Since the beginning of the current century, France, Germany and Italy have passed statutes that aim to reform medical liability rules. Thus, it is first interesting to assess whether any medical malpractice crises have been identified in these systems and, second, how these have been faced through the passing of new statutes on the continent. Accordingly, the first chapter explores the idea of medical malpractice crisis and its relationship with the insurance market, also considering the reflections of American scholars. It then reconstructs the French, German and Italian legal frameworks, as well as their insurance and litigation contexts, reviewing and commenting on the quantitative evidence that was collected before the reforms. The second chapter briefly summarises the debate on medical malpractice reforms in France, Germany and Italy. It then analyses the statutes that have been passed, distinguishing between reforms that consolidate case law and reforms that introduce innovative solutions, sometimes repealing court-developed doctrines. In particular, the chapter examines in a comparative perspective the diff erent options adopted in these civil law countries with regard to the rules on liability, burden of proof, statute of limitations and damages. Moreover, the chapter examines the reforms of insurance, procedural and evidence law, to the extent they affect medical malpractice cases. The third chapter reviews and analyses the current available data related to medical malpractice litigation and insurance after the reforms adopted in France, Germany and Italy, in order to find out evidence of their effectiveness and efficiency. It also highlights some aspects of medical malpractice law that still belong to the domain of the judiciary. It finally points out which problems may be addressed by the legislatures and what further data should be collected in the future. This work may interest legal scholars, healthcare providers, insurers and policymakers.

Author: Francis Rosenstiel
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041116772
Category : Political Science
Languages : en
Pages : 1352

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Book Description
The "European Yearbook" promotes the scientific study of nineteen European supranational organisations and the Organisation for Economic Co-operation and Development (OECD). Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. Each volume contains a comprehensive bibliography covering the year's relevant publications. This is an indispensable work of reference for anyone dealing with the European institutions.

Author: Erwin Deutsch
Publisher: Springer Science & Business Media
ISBN: 3642704492
Category : Law
Languages : en
Pages : 850

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Book Description
With contributions by numerous experts

Author: Cristian Ciocan
Publisher: Romanian Society for Phenomenology
ISBN: 9735014165
Category : Phenomenology
Languages : en
Pages : 489

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Book Description