The redemption of the past. On a main motif in Walter Benjamin’s work

The following paper examines Walter Benjamin’s reflection on the category of “redemption”, mainly developed in the theses On the concept of History. To this end, we will try firstly to reconstruct Benjamin’s critique of “fate”, as it unfolds in the twenties on the field of right, economy and, especially, history. The critique of the expiatory logic of “fate” – developed in essays such as Fate and Character, Critique of violence or Capitalism as religion – will then allow us to disclose the “dialectical” structure of redemption, whereby Benjamin mobilizes his previous theory of knowledge against the doctrine of progress.

Legal liability of coaches: a UK perspective

Attracting more coaches is fundamental to achievement of the European dimension in sport and the further promotion of sport in the European Union. Given the emerging relationship between the law and sports coaching, recruitment of such volunteers may prove problematic. Accordingly, this article critically considers the legal liability of sports coaches. To inform this debate, the issue of negligent coaching is critically scrutinised from a UK perspective, uncovering a number of distinct legal vulnerabilities facing volunteer coaches. This includes the inherent limitations of ‘objective reasonableness’ when defining the standard of care required in the particular circumstances. More specifically, fuller analysis of the justification of customary practice, and the legal doctrine of in loco parentis, reveals important ramifications for all organisations providing training and support for coaches. In short, it is argued that proactively safeguarding coaches from professional liability should be a priority for national governing bodies, and, following the recently published EU Work Plan for Sport for 2014–2017, the Expert Group on Human Resource Management in Sport. Importantly, given the EU’s supporting, coordinating and supplementing competence in developing the European dimension in sport, a Commission funded project to address the implications of the ‘compensation culture’ in sport is also recommended.

Murray v McCullough (as Nominee on Behalf of the Trustees and on Behalf of the Board of Governors of Rainey Endowed School) [2016] NIQB 52

Considers the Northern Ireland Queen’s Bench Division ruling in Murray v McCullough concerning the duty of care incumbent upon the school with regard to the wearing of mouth guards by pupils when playing hockey. Comments on the limitations of the legal doctrine of in loco parentis in cases of professional negligence and, how ‘sports law’ jurisprudence might prove instructive in sports negligence cases.

Capital 2.0 capital formation and legal risk in a new global economic order from fiat to exit: including case studies of the proposed transatlantic trade and investment partnership between the United States and the European Union and the financing relation between the United States and the People’s Republic of China

Following the intrinsically linked balance sheets in his Capital Formation Life Cycle, Lukas M. Stahl explains with his Triple A Model of Accounting, Allocation and Accountability the stages of the Capital Formation process from FIAT to EXIT. Based on the theoretical foundations of legal risk laid by the International Bar Association with the help of Roger McCormick and legal scholars such as Joanna Benjamin, Matthew Whalley and Tobias Mahler, and founded on the basis of Wesley Hohfeld’s category theory of jural relations, Stahl develops his mutually exclusive Four Determinants of Legal Risk of Law, Lack of Right, Liability and Limitation. Those Four Determinants of Legal Risk allow us to apply, assess, and precisely describe the respective legal risk at all stages of the Capital Formation Life Cycle as demonstrated in case studies of nine industry verticals of the proposed and currently negotiated Transatlantic Trade and Investment Partnership between the United States of America and the European Union, TTIP, as well as in the case of the often cited financing relation between the United States and the People’s Republic of China. Having established the Four Determinants of Legal Risk and its application to the Capital Formation Life Cycle, Stahl then explores the theoretical foundations of capital formation, their historical basis in classical and neo-classical economics and its forefathers such as The Austrians around Eugen von Boehm-Bawerk, Ludwig von Mises and Friedrich von Hayek and most notably and controversial, Karl Marx, and their impact on today’s exponential expansion of capital formation. Starting off with the first pillar of his Triple A Model, Accounting, Stahl then moves on to explain the Three Factors of Capital Formation, Man, Machines and Money and shows how “value-added” is created with respect to the non-monetary capital factors of human resources and industrial production. Followed by a detailed analysis discussing the roles of the Three Actors of Monetary Capital Formation, Central Banks, Commercial Banks and Citizens Stahl readily dismisses a number of myths regarding the creation of money providing in-depth insight into the workings of monetary policy makers, their institutions and ultimate beneficiaries, the corporate and consumer citizens. In his second pillar, Allocation, Stahl continues his analysis of the balance sheets of the Capital Formation Life Cycle by discussing the role of The Five Key Accounts of Monetary Capital Formation, the Sovereign, Financial, Corporate, Private and International account of Monetary Capital Formation and the associated legal risks in the allocation of capital pursuant to his Four Determinants of Legal Risk. In his third pillar, Accountability, Stahl discusses the ever recurring Crisis-Reaction-Acceleration-Sequence-History, in short: CRASH, since the beginning of the millennium starting with the dot-com crash at the turn of the millennium, followed seven years later by the financial crisis of 2008 and the dislocations in the global economy we are facing another seven years later today in 2015 with several sordid debt restructurings under way and hundred thousands of refugees on the way caused by war and increasing inequality. Together with the regulatory reactions they have caused in the form of so-called landmark legislation such as the Sarbanes-Oxley Act of 2002, the Dodd-Frank Act of 2010, the JOBS Act of 2012 or the introduction of the Basel Accords, Basel II in 2004 and III in 2010, the European Financial Stability Facility of 2010, the European Stability Mechanism of 2012 and the European Banking Union of 2013, Stahl analyses the acceleration in size and scope of crises that appears to find often seemingly helpless bureaucratic responses, the inherent legal risks and the complete lack of accountability on part of those responsible. Stahl argues that the order of the day requires to address the root cause of the problems in the form of two fundamental design defects of our Global Economic Order, namely our monetary and judicial order. Inspired by a 1933 plan of nine University of Chicago economists abolishing the fractional reserve system, he proposes the introduction of Sovereign Money as a prerequisite to void misallocations by way of judicial order in the course of domestic and transnational insolvency proceedings including the restructuring of sovereign debt throughout the entire monetary system back to its origin without causing domino effects of banking collapses and failed financial institutions. In recognizing Austrian-American economist Schumpeter’s Concept of Creative Destruction, as a process of industrial mutation that incessantly revolutionizes the economic structure from within, incessantly destroying the old one, incessantly creating a new one, Stahl responds to Schumpeter’s economic chemotherapy with his Concept of Equitable Default mimicking an immunotherapy that strengthens the corpus economicus own immune system by providing for the judicial authority to terminate precisely those misallocations that have proven malignant causing default perusing the century old common law concept of equity that allows for the equitable reformation, rescission or restitution of contract by way of judicial order. Following a review of the proposed mechanisms of transnational dispute resolution and current court systems with transnational jurisdiction, Stahl advocates as a first step in order to complete the Capital Formation Life Cycle from FIAT, the creation of money by way of credit, to EXIT, the termination of money by way of judicial order, the institution of a Transatlantic Trade and Investment Court constituted by a panel of judges from the U.S. Court of International Trade and the European Court of Justice by following the model of the EFTA Court of the European Free Trade Association. Since the first time his proposal has been made public in June of 2014 after being discussed in academic circles since 2011, his or similar proposals have found numerous public supporters. Most notably, the former Vice President of the European Parliament, David Martin, has tabled an amendment in June 2015 in the course of the negotiations on TTIP calling for an independent judicial body and the Member of the European Commission, Cecilia Malmström, has presented her proposal of an International Investment Court on September 16, 2015. Stahl concludes, that for the first time in the history of our generation it appears that there is a real opportunity for reform of our Global Economic Order by curing the two fundamental design defects of our monetary order and judicial order with the abolition of the fractional reserve system and the introduction of Sovereign Money and the institution of a democratically elected Transatlantic Trade and Investment Court that commensurate with its jurisdiction extending to cases concerning the Transatlantic Trade and Investment Partnership may complete the Capital Formation Life Cycle resolving cases of default with the transnational judicial authority for terminal resolution of misallocations in a New Global Economic Order without the ensuing dangers of systemic collapse from FIAT to EXIT.

The Mary Carleton narratives, 1663-1673, a missing chapter in the history of the English novel,

The singular life and curious biographies of Mary Carleton.--The Carleton publications of 1663.--The minor publications of 1673.--"The counterfeit lady," a fiction.--The narrative technique of "The counterfeit lady."--The historical significance of "The counterfeit lady."--The current doctrine of the rise of the English novel.--Bibliographical difficulties.

Age, growth, tagging of tilapia spp. and reproductive biology of siluroid catfishes in Lake Victoria

This report encompasses the time period 1 September 1973 through 31 July 1975. The research Officer's tour of duty officially terminated 30 September 1975, consisting of a regular 2-year tour of duty with three month extension of contract. During this time research into age and growth of several tropical species of fishes was conducted. In addition a closely related tagging program was initiated in order to determine both growth and movements of fishes. Lastly, some effort was directed towards aspects of the basic biology of several of the siluroid catfishes. This report delineates the relative effort into and success of the various research projects; presents results of research not previously offered, summarizes findings, and makes recommendations for future research endeavour. Two annual reports along with quarterly reports up to 30 June 1975 have been produced and are on file both at Headquarters in Jinja and the Kisumu Sub-station. These only will be referred to in some instances and built upon in others. Opinions offered, conclusions drawn and recommendation given within this report are solely those of the research officer employed in an official capacity for E.A.F.F.R.O.

Transmission Easement and Adverse Possession of Transmission Easement in the Polish Law

The object of analysis in the text are the issues concerned with the transmission easement and the adverse possession thereof on the grounds of the Polish law. The text features: (1) a historical outline of the solutions concerned with easements in the Polish law following 1945, (2) the institution of transmission easement introduced in 2008 and the solutions concerned with the claims for the establishment thereof at court, (3) the institution of adverse possession of transmission easement pursuant to civil law regulations, judicature and the legal doctrine. On account of the need to elaborate the wide-ranging legal issues concerned with the transmission easement in this text, the analysis embraces two research questions giving rise to the following conclusions: (1) What function is performed by the institution of transmission easement in the system of civil-law relations in the Polish law? The legislator in the articles introducing a transmission easement ossified the solutions functioning in the judicature of the Polish courts before 2008. The legal interpretation took a turn for clarification, that is for the establishment of a norm in the situation where its comprehension was dubious. It is noteworthy that in the period prior to 2008, the law provided for easement appurtenant, and on account of the usual course of judicial decisions also for easement appurtenant with the content corresponding to transmission easement. In 2008 these two “legal existences” were supplemented with a transmission easement, which nevertheless failed to resolve all the legal problems; nay, this gave rise to even more problems, e.g. the one of non-establishment of interpolar norms which would address the issues arising in connection with the use of various easement institutions in legal transactions. While amending the civil law, the legislator aimed to bring order to legal transactions by streamlining the unregulated actual state of easement in relation to transmission infrastructure, but also in relation to the situations where an easement was yet to be established and a facility yet to be constructed. Thus, such action is intended to regulate the disorderly legislation in force as well as to safeguard investment processes. This is of particular significance, for example, for energy companies which are burdened with statutory public-law obligations as regards securing energy supplies and providing for the development of energy infrastructure. Hence, the de facto introduced civil-law solutions indirectly served to realise the principles of the doctrine of easement in the public interest. (2) What legal problems in the civil-law relations does the application of the institution of transmission easement by adverse possession entail? On account of the functioning of various institutions of easement, that is (1) an easement appurtenant, (2) an easement appurtenant with the content corresponding to a transmission easement, and as of 2008 (3) a transmission easement, a problem arose as to which of the given easements companies exercised in particular periods, all the more so because before 1989 the State Treasury owned them and many of the transmission facilities were put in place by virtue of administrative decisions. The commonly held belief is that in the period of “society-oriented economy” as well as up to 2008 infrastructure companies could exercise an easement appurtenant which corresponded to the content of a transmission easement. Therefore, in such a case the running of the prescriptive period should allow for the general rules laid down for an easement appurtenant. Apart from the problem of the relation of a capacity to exercise a right to property and the free development of civil-law relations before 1989, the recognition of the running of prescriptive periods – given the functioning of the three various easements as legal institutions – became a significant legal problem. By way of illustration, the recognition – against the period of exercising transmission easement – of the period required for the acquisition thereof by adverse possession, whereby before 3 August 2008 the real estate featured the legal state corresponding to the content of this right, is debatable. One cannot recognise that within that period a transmission easement was exercised, because such a right was not in existence as yet. Therefore, the institution that might be employed is the running of the period as regards the adverse possession in relation to an easement appurtenant with the content of a transmission easement. Still, the problem remains as to whether the period of the exercise of the easement appurtenant with the content corresponding to a transmission easement can be recognised against the period of possession required for the adverse possession of a transmission easement pursuant to the regulations introduced in 2008. One might incline to the position whereby in such a case it would be right to fully recognise – against the period of exercising a transmission easement – the period of exercising an easement appurtenant corresponding thereto in respect of its content. That being so, the adverse possession of a transmission easement might ensue in such a situation on 3 August 2008 at the earliest, that is the moment the regulations governing this right come into effect. Conversely, if the prescriptive period expires before that date, the entrepreneur would acquire an easement appurtenant with the content corresponding to the transmission easement. Such an interpretation is aligned with the purpose intended by the legislator, which is to bring order to the actual state of the broadest scope with the aid of a new legal instrument. The text, while analysing the issue of a transmission easement and an adverse possession thereof as a institution of the civil law, presents only some selected problems. Hence, the analysis does not include, for example, the issues concerned with claims for remuneration (for usufruct without contractual basis or usufruct fees), or claims for compensation (redress or amends). Furthermore, the text does not conduct a more profound analysis of the relation between the provisions regulating public-law relations (e.g. acts of law introducing the institution of dispossession) and the provisions regulating civil-law relations (the easements in question).

COMMUNICATION, SUBJECT, CULTURE: JOYS AND SOLITUDE INAUGURAL LECTURE OF THE SCHOOL YEAR 2002 OF THE SCHOOL OF LIBRARY, DOCUMENTATION AND INFORMATION

When you are invited to offer a conference like this, can not stop having a series of questions and considerations about the very fact of speaking to an audience informed and educated about the issues that the title might suggest exposure and how without falling into the usual cliches, without repeating the views and opinions set forth, if not obvious. I propose, then, establish, as a starting point, two things: the first is a promise: I will not talk about internet, a recurrent theme in his classes and activities. The second is a kind of contract between you and me: check out the obviousness of some views and question it, see it from behind, because that is where we might find the seams, some of the patches, if not outright nudity. I wonder if this is not precisely one of the first tasks of teaching in the University: to force what seems obvious to justify its obviousness, which is not easy.We can start messing things up a bit, looking like a very smooth and made ​​some surrealist poets to cut one by one the words of poems and writings, throw them into the air and read with amazement the order they fall to form a new verse, Perhaps more interesting and evocative than the first. Is not this somewhat random operation of new blends the fundamental operation of so many new discoveries and innovative ideas in the fields of science, culture, arts? Some of you know the thought of Pascal says: "Do not say that I am not proposing something new: the order in which the material presented is different."

A critical study of John Hick's religious pluralism

This study examines the pluralistic hypothesis advanced by the late Professor John Hick viz. that all religious faiths provide equally salvific pathways to God, irrespective of their theological and doctrinal differences. The central focus of the study is a critical examination of (a) the epistemology of religious experience as advanced by Professor Hick, (b) the ontological status of the being he understands to be God, and further asks (c) to what extent can the pluralistic view of religious experience be harmonised with the experience with which the Christian life is understood to begin viz. regeneration. Tracing the theological journey of Professor Hick from fundamentalist Christian to religious pluralist, the study notes the reasons given for Hick’s gradual disengagement from the Christian faith. In addition to his belief that the pre-scientific worldview of the Bible was obsolete and passé, Hick took the view that modern biblical scholarship could not accommodate traditionally held Christian beliefs. He conceded that the Incarnation, if true, would be decisive evidence for the uniqueness of Christianity, but rejected the same on the grounds of logical incoherence. This study affirms the view that the doctrine of the Incarnation occupies a place of crucial importance within world religion, but rejects the claim of incoherence. Professor Hick believed that God’s Spirit was at work in all religions, producing a common religious experience, or spiritual awakening to God. The soteriological dimension of this spiritual awakening, he suggests, finds expression as the worshipper turns away from self-centredness to the giving of themselves to God and others. At the level of epistemology he further argued that religious experience itself provided the rational basis for belief in God. The study supports the assertion by Professor Hick that religious experience itself ought to be trusted as a source of knowledge and this on the principle of credulity, which states that a person’s claim to perceive or experience something is prima facie justified, unless there are compelling reasons to the contrary. Hick’s argument has been extensively developed and defended by philosophers such as Alvin Plantinga and William Alston. This confirms the importance of Hick’s contribution to the philosophy of religion, and further establishes his reputation within the field as an original thinker. It is recognised in this thesis, however, that in affirming only the rationality of belief, but not the obligation to believe, Professor Hick’s epistemology is not fully consistent with a Christian theology of revelation. Christian theology views the created order as pre-interpreted and unambiguous in its testimony to God’s existence. To disbelieve in God’s existence is to violate one’s epistemic duty by suppressing the truth. Professor Hick’s critical realist principle, which he regards as the key to understanding what is happening in the different forms of religious experience, is examined within this thesis. According to the critical realist principle, there are realities external to us, yet we are never aware of them as they are in themselves, but only as they appear to us within our particular cognitive machinery and conceptual resources. All awareness of God is interpreted through the lens of pre-existing, culturally relative religious forms, which in turn explains the differing theologies within the world of religion. The critical realist principle views God as unknowable, in the sense that his inner nature is beyond the reach of human conceptual categories and linguistic systems. Professor Hick thus endorses and develops the view of God as ineffable, but employs the term transcategorial when speaking of God’s ineffability. The study takes the view that the notion of transcategoriality as developed by Professor Hick appears to deny any ontological status to God, effectively arguing him out of existence. Furthermore, in attributing the notion of transcategoriality to God, Professor Hick would appear to render incoherent his own fundamental assertion that we can know nothing of God that is either true or false. The claim that the experience of regeneration with which the Christian life begins can be classed as a mere species of the genus common throughout all faiths, is rejected within this thesis. Instead it is argued that Christian regeneration is a distinctive experience that cannot be reduced to a salvific experience, defined merely as an awareness of, or awakening to, God, followed by a turning away from self to others. Professor Hick argued against any notion that the Christian community was the social grouping through which God’s Spirit was working in an exclusively redemptive manner. He supported his view by drawing attention to (a) the presence, at times, of comparable or higher levels of morality in world religion, when contrasted with that evidenced by the followers of Christ, and (b) the presence, at times, of demonstrably lower levels of morality in the followers of Christ, when contrasted with the lives of other religious devotees. These observations are fully supported, but the conclusion reached is rejected, on the grounds that according to Christian theology the saving work of God’s Spirit is evidenced in a life that is changing from what it was before. Christian theology does not suggest or demand that such lives at every stage be demonstrably superior, when contrasted with other virtuous or morally upright members of society. The study concludes by paying tribute to the contribution Professor Hick has made to the field of the epistemology of religious experience.

Noção de Obra no Contrato de Empreitada: Contributos da Doutrina e da Jurisprudência

Dissertação de Mestrado em Solicitaria

Psychological contract in non-governmental organizations

A Work Project, presented as part of the requirements for the Award of a Masters Degree in Management from the NOVA – School of Business and Economics

O direito de livre revogação nos contratos celebrados à distância e fora do estabelecimento comercial

Dissertação de mestrado em Direito dos Contratos e da Empresa

Avainhyödyke doktriinin kehitys ja soveltaminen Euroopan yhteisön kilpailuoikeudessa

Tutkielmassa tarkastellaan avainhyödyke doktriini kehittymistä ja sen soveltamista Euroopan yhteisön kilpailuoikeudessa. Avainhyödyke doktriinissa määräävässä markkina asemassa olevalla yrityksellä on hallussaan hyödyke, palvelu tai infrastruktuuri, jonka uudelleen tuottaminen samoilla markkinoilla ei ole kannattavaa. Määräävässä asemassa olevan yrityksen kilpailijoille tai alalle pyrkiville uusille yrityksille on kuitenkin välttämätöntä päästä käyttämään kyseistä avainhyödykettä, mikäli he haluavat toimia alalla. Tällaisissa tilanteissa avainhyödykkeen haltijalle voidaan asettaa kilpailuoikeudellinen velvollisuus ryhtyä liikesuhteeseen kilpailijoiden ja alalle pyrkivien yritysten kanssa. Avainhyödyke doktriinin soveltaminen nousee erityisen tärkeäksi aloilla, joilta on juuri purettu sääntely. Näillä aloilla doktriinin voidaan katsoa turvaavan jonkinlaisen tasapuolisuuden markkinoilla ja lisäävän kilpailua. Tästä huolimatta avainhyödyke doktriinia on kritisoitu runsaasti, sillä siinä ei oteta huomioon omistusoikeutta, sopimusvapautta tai yleensä taloudellisen toimijan autonomiaa. Avainhyödyke doktriinin kilpailuoikeudellisesta ristiriitaisuudesta olennaisena osoituksena on, ettei Euroopan yhteisön tuomioistuin ei ole ottanut kantaa doktriinin olemassaoloon.

Service Productization and Product Servitization in The Contract Manufacturing Company

The role of contract manufacturing and subcontracting has been seen in black and white in product and service point of view. It used to be seen either as a product or a service. In the thesis product-service system, offering combining products and services, was discussed. Theory was created from two perspectives; Service productization via Business Model generation and product servitization via New Service Development process. Target for the case study was to point out new ways of service thinking and ways for changing business environment in contract manufacturing, especially in customer satisfaction and profitability point of view. The case study is following the New Service Development process phases. First ideas were collected from literature and via sales management interviews. Service offering and tool for service requirement evaluation was created. Last financial results of example service scenarios were calculated. It is recommended to take service offering into internal use and further develop it into modular service model. It is also recommended to take created customer service requirement evaluation tool into use for capturing customer service needs but also for communicating those internally.

Pankin notariaattipalvelut – asiantuntijan vastuu sivullista kohtaan

Pro gradu -tutkimuksen keskeisin tavoite on selvittää perusteita pankin notariaattipalveluiden tarjoajan vastuun laajenemiselle yli välittömän toimeksiantosopimussuhteen. Tutkimus on rajattu vain Suomen oikeuteen ja tutkimusasetelmasta seuraa, että vastuun henkilöllisen ulottuvuuden laajentumisen tilanteista tutkimuksessa perehdytään nimenomaisesti sivullisintressitilanteisiin. Tutkimus on toteutettu lainopillisesti. Suomen laissa ei säädetä suoraan välittömän sopimussuhteen ylittävästä vastuusta, joten lainsäädännön jäädessä vähemmälle korostuvat tutkimuksessa sopimusoikeuden yleiset periaatteet sekä korkeimman oikeuden tulkintakäytäntö ja oikeustieteellinen tutkimus. Tämä johtaa etsimään ja jäsentämään tutkimusongelman kannalta merkityksellisiä oikeusperiaatteita ja reaalisia argumentteja tarkkojen tulkintasuositusten tarjoamisen sijaan. Tutkimus osoittaa, että välittömän sopimussuhteen ylittävää vastuuta tulee arvioida sopimusvastuun normien mukaisesti deliktivastuun sijaan, ja sitä voidaan pitää eräänä sopimusvastuun erityistapauksena. Tutkimuksen pohjalta voidaan todeta, että pankin notariaattipalveluiden tarjoajan vastuu voi ulottua yli toimeksiantosopimussuhteen, jos vastuun syntymistä voidaan puoltaa riittävillä reaalisilla argumenteilla. Tällaisia perusteita ovat muun muassa pankin notariaattipalvelun tarjoajan ja sivullisen välinen erityissuhde ja pankin notariaattipalvelun tarjoajan mahdollisuus ennakoida vahinkoriski. Lisäksi kaksiasianosaissuhteen rajoituksesta poikkeamista voidaan perustella vaihdannan reaalisen rakenteen huomioonottamisella sekä sivulliselle syntyneellä perustellun luottamuksen suojaamisella.