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Copyright of Prohistoria is the property of Prohistoria Ediciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of História Unisinos is the property of Universidade do Vale do Rio dos Sinos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Cauriensia: Revista Anual de Ciencias Eclesiásticas is the property of Instituto Teologico San Pedro de Alcantara de Caceres and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this article I argue that in the Spanish conquest of America one of the main just war criteria - legitimate authority -- was reinterpreted in terms of the cultural inferiority or cultural nakedness of the Indians. The legitimacy of local authority was then closely related to the recognition of its participation in the cultural order, identified with the order of reason and the natural order. First, I present the problem of legitimate authority in terms of infidelity and God's dominion over the whole world, as it was used by medieval scholars Sepulveda and Palacios Rubios. I then present the work of Francisco de Vitoria as crucial in the process of changing perspective from medieval to modern since he used the Thomistic categories of natural law, natural reason, and natural rights in the discourse on just war against Indians and by doing so proved the indigenous authorities to be legitimate. But the internal inconsistency of Vitoria's discourse, his hypothetical consent to Spanish dominion over Indians grounded in their likewise hypothetical cultural inferiority, initiated a new line of argumentation: the cultural. This can be summarised as follows: if indigenous cultures are different from European culture, and if European culture with its normative rules is derived from natural law, then indigenous cultures are inferior or are not in fact cultures at all. In the third part of the article I present the main strategies of the 'deculturation' of the Indians and its consequences for the recognition of legitimacy of indigenous authorities and their right to defend themselves against Spanish military aggression. [ABSTRACT FROM AUTHOR]

The present article deals with the right of infidels to protect their goods (mainly territory) and, in particular, to oppose military conversion directed against their ownership and governance, according to the doctrine of the Polish school of ius gentium created by Stanislas of Scarbimiria and Paulus Vladimiri. Based on theological and legal sources, the core of their doctrine is human dignity, which respects the equality of all individuals regardless of their faith. The said equality implied equal subjection to the provisions of natural law. Infidels thus had a right to live peacefully and to possess territories. In the opinion of Innocent IV, moreover, they were to receive a title to non-inhabited land they had once occupied. These rights were accompanied by the right to defend possessions against violation. The right to respond in self-defence to any invasion is also described as entirely natural, demonstrated by the Roman maxim vim vi repellere licet. But such a possibility remained limited. The entire doctrine aims at the confirmation of the right of infidels to protect their goods. While locating it in the context of applying these agreed rights to real situations in 15th century Europe, I conclude by contrasting it with the religious discrimination that has taken place throughout the ages. [ABSTRACT FROM AUTHOR]

Copyright of Godišnjak Pravnog Fakulteta u Sarajevu is the property of Godisnjak Pravnog Fakulteta u Sarajevu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article offers information on the Constitutional Revision Commission made to examine the constitution and propose revisions to the document in Florida. Topics discussed include procedures to amend the construction of Florida such as constitutional convention, taxation and budget reform commission and the revision commission; second-order logrolling; and positive-law based constitution on subject to political whims.

Legally transplanted in the New Code of Civil Procedure, the principle of procedural equity originates from the procedural system of the International Court of Justice and is one of the principles of law that gives meaning to the law and allows peaceful resolution or prevention of social conflicts in a society. From the principle of equity, one can deduct the notion of justice as an ideal general state of a society, to ensure each individual member of the society and all got together to satisfy their legitimate rights and interests. Thus, it can be received that justice is one of the essential factors for strengthening of the most important social relationships because it represents the fundamental moral virtue, in order to ensure harmony and social peace, to whose achievement equally contribute the religious, moral and legal rules. According to the requirements of this concept, the judges have special powers to solve a particular cause, in that they may propose a solution which they consider fair and consistent with the interests of the parties involved, which will be based on facts and not on the positive law. Assuming that unjust laws appear, it is necessary to change them, eventually to change the existing order, when it represents an indefeasible obstacle in achieving justice. [ABSTRACT FROM AUTHOR]

Copyright of Pregled is the property of University of Sarajevo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pouvoirs is the property of Editions du Seuil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pouvoirs is the property of Editions du Seuil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Reflexión Politica is the property of Universidad Autonoma de Bucaramanga, UNAB and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Logos: A Journal, of Religion, Philosophy Comparative Cultural Studies & Art (08687692) is the property of Logos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Unfair contract is the clause was not negotiated directly with the consumer and which by itself or together with other provisions of the contract shall, to the detriment of consumers and contrary to the requirements of good faith, a significant imbalance between the rights and obligations of the parties. It prohibits unfair trade clauses stipulating in contracts concluded with consumers. A contractual term which has not been negotiated directly with the consumer will be considered unfair if, by itself or together with other provisions of the contract shall, to the detriment of the consumer and contrary to the requirements of good faith, a significant imbalance between the rights and obligations of the parties. The issue of unfair terms and made its way into positive law, in preference category in consumer contracts. [ABSTRACT FROM AUTHOR]

Copyright of Logos: A Journal, of Religion, Philosophy Comparative Cultural Studies & Art (08687692) is the property of Logos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pouvoirs is the property of Editions du Seuil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article presents information on reviewing of books and new publications and its impact on the intellectual development. The purpose of book review is to evaluate the accuracy of the author in the use of knowledge, impact on the positive law and case-by-case legal decision-making are discussed. The policy judgments made by the legislatures, case law and statutory analysis, and federal judiciary and executive bureaucracy are also considered with reference to the book "Agendas, Alternatives, and Public Policies," by Professor John Kingdon.

The article focuses on rape shield laws and punishment decisions. Topics include the image of Justitia, the blindfolded woman represented holding the scales of justice often seen in courthouses, legal texts, and law schools, the enigma of law, positive law, and the impartiality of judges. Information is provided on the externalization of the personification of justice, symbolism in justice administration, and the concept of 'juror blindness.' The article also discusses evidentiary rules in modern trial proceedings.

The author offers his insights on Judge Diarmuid O'Scannlain's proposed third way between standard legal positivism and the aggressive natural law jurisprudence, with reference to the thought of philosopher Thomas Aquinas. The author stipulates that the U.S. Supreme Court's reasoning and decision in District of Columbia v. Heller were correct on account of the legal validity of natural law. He believes in the vital role of intention as the animating principle in defining an act and he thinks that a positive law might be fatally defective in many ways.

The article examines the treatment of Natural Law within the Canon Law of the Catholic Church, including its usage as a type of subsidiary or supplementary system to positive law. The author describes precedents set by Roman jurists in which Natural Law was used to resolve cases in which a perfect regulation did not exist within written law. The role of the defense in clarifying a given application of Natural Law as just or unjust is outlined. The article also examines the function of equity regarding the interpretation of laws.

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

After the World War II , the international criminal law was developed rapidly when viewing it in the category of international law. But, in the international academa of jurisprudence there are still arguments over the issue whether the international criminal law is truly a "law" and it is mandatory or not. The international criminal law is a constituent part of international law when viewing it is in the category of international law, and the ground for the validity of international law is the same to the international criminal law. Although the positive law is mainly the ground for the validity of international criminal law, the natural law plays the same important role in this respect. Both the individuals and the States should bear the criminal responsibility for their international crimes, which means that the international criminal law is jus cogens -- the embodiment of the special attribute of international criminal law. [ABSTRACT FROM AUTHOR]

This work deals with finding, from an evolutionary standpoint enriched with cognitive psychology, the origins of certain traits of altruism in the hominid lineage. Those traits will establish, although precariously, our capacity to formulate absolute moral judgments, those we use to attribute unconditional and irrenunciable values, which supports our endorsement to human rights. The evolutionist view is posit as compatible with the instrumental stance within Positive Law, and some genetic and functional explanations are given to account for a possible human predisposition to iusnaturalism, selected within a basically social species such as ours. A review is made of three sociobiological explanations on the altruistic traits, in constrain conditions, which may have become fixed in our genetic baggage, along with their cognitive and emotional mechanisms. [ABSTRACT FROM AUTHOR]

Copyright of Estudios Socio-Jurídicos is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Management / Vadyba (16487974) is the property of Lithuania Business University of Applied Sciences and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Ms. Whisner examines the history of the US. Code, explaining why it is only "prima facie evidence of the law," and discusses the efforts of the Office of the Law Revision Counsel to enact Code titles into positive law. [ABSTRACT FROM AUTHOR]

The aim of the article is to formulate a systematic account of the connection between Buddhist ethics and a legal system, taking into consideration the constitution of Sri Lanka, a country undisputedly shaped by (Theravâda-)Buddhism. First, a brief introduction into the ethics of the Buddhist teachings (Suttas) is provided. The following examination discusses the question of which concept of law the Buddha might have advocated especially focusing on the problem of a necessary versus a mere possible, "desired" relation between a legal system and its ethical justification. Finally, the third step is dedicated to the real, i.e. factual empirical relation between the idea of Buddhist ethics developed in part one and the Sri Lankan constitution. However, such an "incorporation" of Buddhist ethics cannot be asserted: neither does the constitution refer to, nor does it include any elements which can be traced back to, and only to, Buddhist ethics. This aporia is demonstrated exemplarily with its Human Rights record. What can clearly be established however, is an extraordinary standing of Buddhism as (practiced) religion or teaching (Buddha-sâsana) within the constitution, which is indeed relevant for the topical "conflict" between the Buddhist-Sinhalese majority and the Hindu-Tamil minority. In this respect the article concludes with an alter- native understanding of "the relation between law and Buddhism:" the interference of (parts of) the Buddhist clergy (Sangha) into the political-juridical reality of Sri Lanka - showing no obvious common features to Buddhist ethics (of the Suttas). [ABSTRACT FROM AUTHOR]

The article presents abstracts on development economics which include crude oil price and monetary policy, residential demand for electricity and determinants of economic growth in Pakistan.

The article highlights Christianity's rigorous impact on gender equality with the understanding that law is based on inherent principles and inalienable rights. It examines and offers a Christian perspective on gender equality. It notes that Christians have been reluctant to integrate their faith with their study of the law. An examination of gender equality from a Christian, rather than a constructionist feminist, perspective reveals whether the positive law reflects Christian beliefs and values based on transcendent principles or the notion of law as a social construct.

Copyright of Review of International Law & Politics / Uluslararasi Hukuk ve Politika is the property of International Strategic Research Organization and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Surveying the ways, whys and hows of connecting law and philosophysing as well as the appearances of modern formal law, it is concluded that on final analysis law is a façon de parler-specific communication or a game at open scene-, actual if played by humans' practice referencing to it. The consequence is (1) the reduction of legal philosophy to discoursivity-reconstruction, in terms of which instead of the issue of "what it is?", "all that notwithstanding: how it can be achieved?" is raised; (2) the unresolved enigma of natural law, calling for axiology to have some standard in foundation as a stepping stone (albeit without the claim of concluding therefrom or subordinating thereto, as in the classical antagonism between natural law and positive law); and (3) positive law without legal positivism, according to which a new synthesis in correlation amongst the humans' natural, societal and intellectual worlds will be achieved. Or, in flourishing at peripheries, a genuine foundation is coming to the fore, in order to suitably respond to global challenges. [ABSTRACT FROM AUTHOR]

Copyright of Facta Universitatis: Series Philosophy, Sociology, Psychology & History is the property of University of Nis, Serbia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper addresses a phenomenon that cuts across many disciplines of the formal tradition of learning. Out of numerous multifaceted academic disciplines involved in the argument, psychology, economics and business management stand out, as reflected in the title of the study. The research on the topic is carried out by adopting an inductive approach involving intangible aspects of psychology and tangible parameters of sociology centred around the disciplines of economics and business. The author maintains that the phenomenon of Corporate Social Responsibility (CSR) represents a challenge of finding the resolution to the paradox of selfish and altruistic human motives. It is argued that quality of that resolution will be determined by the quality of positive laws of sociology and the quality of intrapersonal regulation to help appreciate social responsibility in the presence of opportunities for maximising self-interest. The review of the literature on CSR underpins factors of international political economy responsible for promotion of the phenomenon in North and South during the last century and in the new millennium respectively. The findings lead to the conclusion that rhetoric of CSR in countries like Pakistan merits the analysis of both its motives and fall out within a North-South divide. [ABSTRACT FROM AUTHOR]