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Author: Martorelli Dantas Publisher: Babelcube Inc. ISBN: 1667436503 Category : Law Languages : en Pages : 111
Book Description
A reflection on the limits of the construction of judicial decisions from the Edenic Myth Having as its central element the rhetorical analysis of the Edenic myth (Gen. 2 and 3), this dissertation addresses the strength that such narrative has had to forge, both in the West and in the East, a behavior of submission and passivity in the face of authorities that place themselves in the power. It sees, however, also present in the text, an invitation to abstain from the practice of judgments of moral behavior (ignoring good and evil), which is presented as a task of God and not of men. These, according to the author, when they set out to pronounce sentences in relation to their peers, end up expressing prejudices, which are established in society through mechanisms of symbolic violence. At the end, the author, faced with the practical and immediate impossibility of a way of social coexistence without the structures of power and control, among which the judiciary stands out, inviting us to adopt a humbler and fraternal posture when the moment of the decision, with the aim of mitigating the effects of the potential and actual brutality that the sentences tend to carry out.
Author: Martorelli Dantas Publisher: Babelcube Inc. ISBN: 1667436503 Category : Law Languages : en Pages : 111
Book Description
A reflection on the limits of the construction of judicial decisions from the Edenic Myth Having as its central element the rhetorical analysis of the Edenic myth (Gen. 2 and 3), this dissertation addresses the strength that such narrative has had to forge, both in the West and in the East, a behavior of submission and passivity in the face of authorities that place themselves in the power. It sees, however, also present in the text, an invitation to abstain from the practice of judgments of moral behavior (ignoring good and evil), which is presented as a task of God and not of men. These, according to the author, when they set out to pronounce sentences in relation to their peers, end up expressing prejudices, which are established in society through mechanisms of symbolic violence. At the end, the author, faced with the practical and immediate impossibility of a way of social coexistence without the structures of power and control, among which the judiciary stands out, inviting us to adopt a humbler and fraternal posture when the moment of the decision, with the aim of mitigating the effects of the potential and actual brutality that the sentences tend to carry out.
Author: Fabio Carvalho de Alvarenga Peixoto Publisher: Fabio Carvalho de Alvarenga Peixoto ISBN: 6500865375 Category : Law Languages : en Pages : 303
Book Description
The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It deals with the history of the notion of abuse of rights, in its two traditions: the Franco-Belgian (abus de droit) and the German (unzulässige Rechtsausübung). It also presents the discourse of abuse of rights with a 'shortcut' function. Finally, it places the scientific formulation of groups of cases as necessary for the proper use of the abuse of rights discourse. Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable mention in the Capes (Brazilian Ministry of Education) PhD Thesis Award 2023. INTRODUCTION 1 THE BEGINNING OF THE HISTORIES OF ABUSE OF RIGHTS 2 THE GENERAL CONCEPT OF ABUSE OF RIGHTS 2.1 Literature Admission of Abuse of Rights as an Atypical Unlawfulness 2.1.1 Unconscious Phase 2.1.2 Constructive Phase of Incipient Dogmatization 2.1.3 Constructive Phase of Peripheral Systematization 2.2 Delimitation of Abuse of Rights in the Face of Abuse (Misuse) of Power 2.3 Presuppositions of the Notion of Abuse of Rights 2.3.1 Permission Granted by ‘Abstract’ Interpretation of a Normative Text 2.3.2 Prohibition ‘Discovered’ by Judge, Outside the Limits of ‘Abstract’ Interpretation of Normative Text 3 THE FUNCTION OF THE NOTION OF ABUSE OF RIGHTS 3.1 Abuse of Rights as a “Gathering Concept” 3.2 Practical Indispensability of the Dogmatic Formulation of (Open) Groups of Cases for the Rational Application of the Prohibition of Abuse of Rights 3.3 Abuse of Rights as a “Shortcut” (which “can Slow You Down”) 4 THE TWO TRADITIONS OF PRIVATE LAW DOCTRINES OF ABUSE OF RIGHTS 4.1 The French-Belgian Tradition of Abus de Droit 4.1.1 Harmful Intent Approach 4.1.1.1 The Beginnings of the Abus de Droit Tradition 4.1.1.2 Unnecessary Dammage Approach 4.1.2 Deviation from the Economic and Social Purposes of Rights Approach 4.1.2.1 Louis Josserand’s Original Approach 4.1.2.2 Violation of Dominant Morality Approach 4.1.2.3 Reception in Germany by Wolfgang Siebert of the Deviation of Purpose Approach (Rechtsmißbrauch) and its Evolution into the Doctrine of Institutional Abuse (Institutioneller Rechtsmißbrauch) 4.1.2.4 Denial of the Axiological Fundament (‘Formal Axiologism’) Approach: Non-Replacing Overcoming 4.1.3 Disproportion between Advantages and Losses Approach 4.2 The German Tradition of Unzulässige Rechtsausübung 4.2.1 Prohibition of Chicanery Approach 4.2.2 Violation of Objective Good Faith Approach 4.2.3 Violation of Good Customs Approach 4.3 Excerpt: Germanophile Definitory Approach of Abuse of Rights as Violation of Principle 5 THE METHODICAL ISSUES NOT RESOLVED BY DOCTRINES OF ABUSE OF RIGHTS 5.1 The Importance of the Recognition of the Meta-Individual Function of Rights 5.2 Meta-Individual Function and Individual Function: Methodical Requirement of Sizing Criteria for Each Right 5.3 Limited Scope of the Objective Good Faith Approach 6 THE NEED FOR RATIONAL JUSTIFICATION OF THE IDENTIFICATION OF ABUSE OF RIGHT AS A MECHANISM FOR CONTROLLING JUDICIAL DISCRETION 6.1 Insufficiency of the Standard Theories of Legal Argumentation for Rational Justification of the Evaluation of Abuse of Rights 6.2 The Use of Dogmatically Formulated Groups of Cases for the Rational Justification of the evaluation of Abuse of Rights CONCLUSION REFERENCES
Author: Masaaki Kurosu Publisher: Springer Nature ISBN: 3031054121 Category : Computers Languages : en Pages : 644
Book Description
The three-volume set LNCS 13302, 13303 and 13304 constitutes the refereed proceedings of the Human Computer Interaction thematic area of the 24th International Conference on Human-Computer Interaction, HCII 2022, which took place virtually in June-July 2022. The 132 papers included in this HCI 2022 proceedings were organized in topical sections as follows: Part I: Theoretical and Multidisciplinary Approaches in HCI; Design and Evaluation Methods, Techniques and Tools; Emotions and Design; and Children-Computer Interaction, Part II: Novel Interaction Devices, Methods and Techniques; Text, Speech and Image Processing in HCI; Emotion and Physiological Reactions Recognition; and Human-Robot Interaction, Part III: Design and User Experience Case Studies, Persuasive Design and Behavioral Change; and Interacting with Chatbots and Virtual Agents.
Author: David Duarte Publisher: Springer Nature ISBN: 3030186717 Category : Law Languages : en Pages : 253
Book Description
This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Author: Mark Frankle Publisher: Springer ISBN: 3319208403 Category : Medical Languages : en Pages : 478
Book Description
Focusing exclusively on reverse shoulder arthroplasty (RSA) techniques and devices, this plentifully illustrated text covers all aspects of this important and innovative treatment for shoulder pain and dysfunction. The book begins with a history of RSA followed by a thorough overview of the basic science and biomechanics of the shoulder. Indications for and clinical applications of RSA in a number of surgical interventions are then described, including the revision of failed shoulder arthroplasty, setting in cases of glenoid and humeral bone loss and rotator cuff tears. A whole section is then dedicated to various commercial devices with descriptive expert analysis of the design and implementation of each. An examination of the current economic value of RSA, including cost effectiveness and expected cost outcomes, comprises the final section. Reverse Shoulder Arthroplasty can therefore be read either from start to finish, allowing orthopedic surgeons to appreciate the various perspectives offered, or by selecting specific topics of interest much like a “how-to manual” of either a particular device design or the treatment of a specific pathology.
Author: Mário S. Ming Kong Publisher: CRC Press ISBN: 1000595889 Category : Social Science Languages : en Pages : 825
Book Description
The texts presented in Proportion Harmonies and Identities (PHI) Creating Through Mind and Emotions were compiled to establish a multidisciplinary platform for presenting, interacting, and disseminating research. This platform also aims to foster the awareness and discussion on Creating Through Mind and Emotions, focusing on different visions relevant to Architecture, Arts and Humanities, Design and Social Sciences, and its importance and benefits for the sense of identity, both individual and communal. The idea of Creating Through Mind and Emotions has been a powerful motor for development since the Western Early Modern Age. Its theoretical and practical foundations have become the working tools of scientists, philosophers, and artists, who seek strategies and policies to accelerate the development process in different contexts.
Author: Luca Belli Publisher: Springer Nature ISBN: 3030564053 Category : Law Languages : en Pages : 289
Book Description
This book stems from the CyberBRICS project, which is the first major attempt to produce a comparative analysis of Internet regulations in the BRICS countries – namely, Brazil, Russia, India, China, and South Africa. The project has three main objectives: 1) to map existing regulations; 2) to identify best practices; and 3) to develop policy recommendations in the various areas that compose cybersecurity governance, with a particular focus on the strategies adopted by the BRICS countries to date. Each study covers five essential dimensions of cybersecurity: data protection, consumer protection, cybercrime, the preservation of public order, and cyberdefense. The BRICS countries were selected not only for their size and growing economic and geopolitical relevance but also because, over the next decade, projected Internet growth is expected to occur predominantly in these countries. Consequently, the technology, policy and governance arrangements defined by the BRICS countries are likely to impact not only the 3.2 billion people living in them, but also the individuals and businesses that choose to utilize increasingly popular applications and services developed in BRICS countries according to BRICS standards. Researchers, regulators, start-up innovators and other Internet stakeholders will find this book a valuable guide to the inner workings of key cyber policies in this rapidly growing region.
Author: Armen S Kelikian Publisher: Lippincott Williams & Wilkins ISBN: 1451154259 Category : Medical Languages : en Pages : 780
Book Description
Featuring original anatomical dissection photographs prepared by Shahan K. Sarrafian, MD, FACS, FAOS, ABOS, Sarrafian's Anatomy of the Foot and Ankle is the classic book in foot and ankle anatomy. Meticulously updated, this new edition captures all of today’s clinical knowledge on the anatomy of the foot and ankle. Detailed coverage of functional anatomy, applied anatomy biomechanics, and cross-sectional anatomy further enhances your understanding of the complexities associated with disorders of the foot and ankle.
Author: Benjamin F. Crabtree Publisher: SAGE Publications ISBN: 1452251622 Category : Social Science Languages : en Pages : 427
Book Description
This completely revised and greatly expanded edition of Doing Qualitative Research spans the spectrum of primary care research, illustrating when methods are appropriate and how to use them. New to this edition are additional collection methods, a new section on analysis and interpretation, more emphasis on participatory strategies, and suggestions for evaluating quality and enhancing reflexivity incorporated throughout the text. Each chapter is written by a gifted researcher who: defines their topic and the context of their research, defines key themes and processes, provides examples, explores theory, and shares their excitement of discovery. The book is richly illustrated throughout with detailed examples.
Author: Martorelli Dantas
Author: Martorelli Dantas
Author: Fabio Carvalho de Alvarenga Peixoto
Author: Masaaki Kurosu
Author: David Duarte
Author: Mark Frankle
Author: Mário S. Ming Kong
Author: Luca Belli
Author: Armen S Kelikian
Author: Benjamin F. Crabtree
Author: