72 resultados para oath


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the poetry by J.R. Planché ; composed & arranged with an accompaniment for the piano forte by Carl Maria von Weber.

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During the civil war between Caesar and Pompey, the military oath which binds the soldier to his army is often openly violated. Yet despite this offense, commanders of armed struggle require recursively the oath to their men. Admittedly, this ritual act seems ineffective given the many desertions and mutinies identified, but military leaders use its symbolic and sacred meaning to legitimize one hand their “anti-republican” actions, on the other armies fighting in a context deemed impius.

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THE senior Anglican clergyman at the centre of an international child sex scandal was also a governor of a prestigious English music college that is under investigation for the alleged abuse of scores of its students across decades. Robert Waddington, who is alleged to have sexually assaulted students and choirboys in Britain and Australia, was a governor of the scandal-hit Chetham's School of Music for nine years. Waddington recruited students from the school for his choir at Manchester Cathedral, and allegedly abused at least three of the boys until he retired in 1993. The police investigation into the school, which began after the conviction in February of Michael Brewer, a former Chetham's music director, for the sexual abuse of female students, has not previously looked at Waddington. A victim has told The Weekend Australian that he was aware Waddington abused several boys from Chetham's who, like him, had been in the choir. The Cambridge University-educated business analyst, who has offered to give evidence under oath to police and the Church of England's inquiry into Waddington, said the clergyman had kept a collection of pictures in his house of boys he had abused.

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Three original documents: citizenship certificate and oath for Israel Fabian (June 23, 1827); certificate of family name and Prussian citizenship for Israel Fabian (December 21, 1838); appointment of widow Fabian as quartermaster (September 14, 1875).

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El objeto de este trabajo es realizar un estudio iusfilosófico sobre la aparición de las Leyes (nómoi) personificadas de Atenas en el Critón de Platón. La prosopopeya de las Leyes resulta ser un aspecto central para poder comprender la obra, ya que éstas entablan un diálogo imaginario con Sócrates en el cual instalan diversos argumentos filosóficos para fundamentar la autoridad de la pólis. A los fines de identificar el valor argumentativo de este recurso en la obra, analizaré el significado del nómos en la Atenas del siglo V a. C. y la naturaleza de las Leyes en el contexto general del diálogo. Se busca demostrar la importancia que tienen aquéllas para explicar la decisión de Sócrates de beber la cicuta.

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This article addresses swearing and testimony in Olaudah Equiano’s The Interesting Narrative (1789) by reading the work in the context of a broader contemporary discourse concerning profane swearing and cursing. Acts of profane enunciation inform a number of key episodes in Equiano’s life, and bear particular significance for his spiritual development and abolitionist witnessing. Within the Narrative, swearing is cast as a failure of piety, civility, and humanity, and shown to be actively avenged by a retributive deity. In Britain, profane swearing was also thought to undermine the validity of legal testimony; while, in the British West Indies, slaves were denied recourse to such testimony against their oppressors. By disavowing profane swearing and cursing, the essay argues, Equiano sought to assert both the validity of his oath and the truth of his testimony against the iniquities of the British slave trade.

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Currently, Portugal assumes itself as a democratic rule of substantive law State, sustained by a legal system seeking the right balance between the guarantee of fundamental rights and freedoms constitutional foreseen in Portugal’s Fundamental Law and criminal persecution. The architecture of the penal code lies with, roughly speaking, a accusatory basic structure, “deliberately attached to one of the most remarkable achievements of the civilizational democratic progress, and by obedience to the constitutional commandment”, in balance with the official investigation principle, valid both for the purpose of prosecution and trial. Regarding the principle of non self-incrimination - nemo tenetur se ipsum accusare, briefly defined as the defendant’s right of not being obliged to contribute to the self-incrimination, it should be stressed that there isn’t an explicit consecration in the Portuguese Constitution, being commonly accepted in an implicit constitutional prediction and deriving from other constitutional rights and principles, first and foremost, the meaning and scope of the concept of democratic rule of Law State, embedded in the Fundamental Law, and in the guidelines of the constitutional principles of human person dignity, freedom of action and the presumption of innocence. In any case, about the (in) applicability of the principle of the prohibition of self-incrimination to the Criminal Police Bodies in the trial hearing in Court, and sharing an idea of Guedes Valente, the truth is that the exercise of criminal action must tread a transparent path and non-compliant with methods to obtain evidence that violate the law, the public order or in violation of democratic principles and loyalty (Guedes Valente, 2013, p. 484). Within the framework of the penal process relating to the trial, which is assumed as the true phase of the process, the witness represents a relevant figure for the administration of criminal justice, for the testimonial proof is, in the idea of Othmar Jauernig, the worst proof of evidence, but also being the most frequent (Jauernig, 1998, p. 289). As coadjutant of the Public Prosecutor and, in specific cases, the investigating judge, the Criminal Police Bodies are invested with high responsibility, being "the arms and eyes of Judicial Authorities in pursuing the criminal investigation..." which has as ultimate goal the fulfillment of the Law pursuing the defense of society" (Guedes Valente, 2013, p. 485). It is in this context and as a witness that, throughout operational career, the Criminal Police Bodies are required to be at the trial hearing and clarify the Court with its view about the facts relating to occurrences of criminal context, thus contributing very significantly and, in some cases, decisively for the proper administration of the portuguese criminal justice. With regards to the intervention of Criminal Police Bodies in the trial hearing in Court, it’s important that they pay attention to a set of standards concerning the preparation of the testimony, the very provision of the testimony and, also, to its conclusion. Be emphasized that these guidelines may become crucial for the quality of the police testimony at the trial hearing, thus leading to an improvement of the enforcement of justice system. In this vein, while preparing the testimony, the Criminal Police Bodies must present itself in court with proper clothing, to read before and carefully the case files, to debate the facts being judged with other Criminal Police Bodies and prepare potential questions. Later, while giving his testimony during the trial, the Criminal Police Bodies must, summing up, to take the oath in a convincing manner, to feel comfortable, to start well by convincingly answering the first question, keep an attitude of serenity, to adopt an attitude of collaboration, to avoid the reading of documents, to demonstrate deference and seriousness before the judicial operators, to use simple and objective language, to adopt a fluent speech, to use nonverbal language correctly, to avoid spontaneity responding only to what is asked, to report only the truth, to avoid hesitations and contradictions, to be impartial and to maintain eye contact with the judge. Finally, at the conclusion of the testimony, the Criminal Police Bodies should rise in a smooth manner, avoiding to show relief, resentment or satisfaction, leaving a credible and professional image and, without much formality, requesting the judge permission to leave the courtroom. As final note, it’s important to stress that "The intervention of the Police Criminal Bodies in the trial hearing in Court” encloses itself on a theme of crucial importance not only for members of the Police and Security Forces, who must welcome this subject with the utmost seriousness and professionalism, but also for the proper administration of the criminal justice system in Portugal.

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Following orders, hierarchical obedience and military discipline are essential values for the survival of the armed forces. Without them, it is not possible to conceive the armed forces as an essential pillar of a democratic state of law and a guarantor of national independence. As issuing orders as well as receiving and following them are inextricably linked to military discipline, and as such injunctions entail the workings of a particular obedience regime within the specific kind of organized power framework which is the Armed Forces, only by analysing the importance of such orders within this microcosm – with its strict hierarchical structure – will it be possible to understand which criminal judicial qualification to ascribe to the individual at the rear by reference to the role of the front line individual (i.e. the one who issues an order vs the one who executes it). That is, of course, when we are faced with the practice of unlawful acts, keeping in mind the organizational framework and its influence over the will of the executor. One thing we take as read, if the orders can be described as unlawful, the boundary line of the duty of obedience, which cannot be overstepped, both because of a legal as well as a constitutional imperative, will have been crossed. And the military have sworn an oath of obedience to the fundamental law. The topic of hierarchical obedience cannot be separated from the analysis of current legislation which pertains to the topic within military institutions. With that in mind, it appeared relevant to address the major norms which regulate the matter within the Portuguese military legal system, and, whenever necessary and required by the reality under analysis, to relate that to civilian law or legal doctrine.

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The Scholfield and Galbraith families of Dunnville, Ont. were related by marriage. Thomas Jefferson Galbraith (1842-1921) worked as a collector of canal tolls at Port Maitland, a landing waiter and searcher and an acting preventive officer in Customs. He was married to Jane Ann [Jennie] Montieth and they had five children, Margaret, Minnie Montieth, Genevieve Marion, Edith Stuart and Thomas Percy Galbraith. Genevieve Marion Galbraith was married to Harry E. Scholfield, son of Frederick Scholfield (d.1908) and Georginna Galer (d. 1888), a dry goods merchant in Dunnville. Some extent records belong to a William Scholfield who operated a mill in Dunnville. Included are records related to land lease, mortgage and bargain and sale agreements between Scholfield and various individuals, including Richard Kirkpatrick, William Kohler, Alvin Drake, Robert Ban[u]d, Henry Beckett, Sr., Samuel Waltho, Nehemiah Niece.

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Thomas Millard Senior was born in Middlesex, Connecticut, in 1728. He served as a Private with Butler’s Rangers. In July 1784, Thomas and his wife Mary, along with their 4 children, were on a list “to settle and cultivate the lands opposite Niagara”. He took the oath of allegiance at Niagara around 1784-85.

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La présente recherche porte sur le dieu de la guerre des Grecs anciens, Arès. La communauté historienne s’entend pour affirmer qu’Arès était un dieu de second ordre et un dieu mal aimé par les Grecs de l’époque. Les investigations des historiens du XXe siècle sont axées sur les documents littéraires et elles ne font que reformuler, dans la majorité des cas, le contenu de ceux-ci. Alors, afin de bénéficier d’un regard nouveau sur le dieu, on a étudié Arès au travers les documents épigraphiques pour corroborer ou non nos présentes connaissances. Le dieu de la guerre tel que présenté dans les écrits littéraires est-il le même que celui qui est véhiculé dans l’épigraphie de l’époque? La réponse à cette question nous permettra d’établir si nos connaissances actuelles sont valables et elle les complètera. La recherche épigraphique s’effectue en cinq étapes. D’abord, on voit si le côté militaire d’Arès était également prédominant au sein des inscriptions. Ensuite, on porte une attention particulière aux documents épigraphiques pouvant démontrer un Arès mal aimé. Le tout se poursuit avec la mise en relation du dieu et des anciens serments. Enfin, on termine avec une approche plus géographique qui nous permet de définir deux foyers importants du dieu de la guerre, soit la cité de Métropolis et l’île de Crète. À la suite de ce parcours on a déterminé que l’appréciation et l’importance que les Grecs accordaient à ce dieu n’était pas unanime. Le ressentiment des Grecs variaient selon les individus et les lieux. On a aussi été capable d’établir des faits au sujet d’Arès : son domaine d’action prédominant restait le militaire dans les inscriptions; il était un réel dieu, présent, respecté et loué; il possédait d’importants lieux de culte à Lato et Métropolis. Compte tenu d’une redéfinition notable du profil d’Arès, une révision des sources littéraires propres à Arès s’impose ainsi qu’une évaluation complète de toutes les autres sources (iconographique, archéologique, numismatique, épigraphique, etc.).

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El tema d'aquesta tesi és el factor de la festa en l'articulació de pràctiques musicals a Barcelona en un context que s'estén des del segle XV al XVIII. Concretament, se centra en les anomenades "Entrades Reials", unes celebracions públiques que s'esdevenien en la primera visita del monarca en motiu del seu jurament dels privilegis de la ciutat. L'elecció d'aquest objecte es justifica en primer lloc pel seu potencial per a connectar amb formes de pensament que incideixen en el debat més genèric sobre els processos d'atribució de significacions a la música. Aquestes celebracions esdevenien una important manifestació cultural col·lectiva en les que s'utilitzaven pràctiques musicals comuns a les altres festes més regulars i que conformaven el sistema general festiu: l'acompanyament del seguici per conjunts de trompetes i tabals, les intervencions musicals en el marc de les representacions realitzades al portal de la ciutat i basades en el teatre sacre medieval, les desfilades dels gremis i confraries, que participaven amb les músiques i els balls dels "entremesos" del Corpus, així com els balls privats als palaus o públics als carrers i places que durant les jornades posteriors completava el conjunt de les activitats.

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Artículo que analiza la reacción social y cultural de algunos pueblos de Manabí, provincia costanera ecuatoriana, especialmente de los partidos de Pueblo Viejo y La Canoa,ante las transformaciones políticas ocurridas en la península ibérica, entre 1812 y 1822. El trabajo explora la forma en que diferentes sectores sociales, incluidos indígenas y otros grupos subalternos, se apropiaron de las nociones de ciudadanía y soberanía, diseminadas especialmente en el contexto de la jura de la Constitución de Cádiz, expedida en 1812. Las autoridades coloniales denunciaron que estas actividades políticas estuvieron acompañadas de tumultos y actos de insubordinación.

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Frequent advances in medical technologies have brought fonh many innovative treatments that allow medical teams to treal many patients with grave illness and serious trauma who would have died only a few years earlier. These changes have given some patients a second chance at life, but for others. these new treatments have merely prolonged their dying. Instead of dying relatively painlessly, these unfortunate patients often suffer from painful tenninal illnesses or exist in a comatose state that robs them of their dignity, since they cannot survive without advanced and often dehumanizing forms of treatment. Due to many of these concerns, euthanasia has become a central issue in medical ethics. Additionally, the debate is impacted by those who believe that patients have the right make choices about the method and timing of their deaths. Euthanasia is defined as a deliberate act by a physician to hasten the death of a patient, whether through active methods such as an injection of morphine, or through the withdrawal of advanced forms of medical care, for reasons of mercy because of a medical condition that they have. This study explores the question of whether euthanasia is an ethical practice and, as determined by ethical theories and professional codes of ethics, whether the physician is allowed to provide the means to give the patient a path to a "good death," rather than one filled with physical and mental suffering. The paper also asks if there is a relevant moral difference between the active and passive forms of euthanasia and seeks to define requirements to ensure fully voluntary decision making through an evaluation of the factors necessary to produce fully informed consent. Additionally, the proper treatments for patients who suffer from painful terminal illnesses, those who exist in persistent vegetative states and infants born with many diverse medical problems are examined. The ultimate conclusions that are reached in the paper are that euthanasia is an ethical practice in certain specific circumstances for patients who have a very low quality of life due to pain, illness or serious mental deficits as a result of irreversible coma, persistent vegetative state or end-stage clinical dementia. This is defended by the fact that the rights of the patient to determine his or her own fate and to autonomously decide the way that he or she dies are paramount to all other factors in decisions of life and death. There are also circumstances where decisions can be made by health care teams in conjunction with the family to hasten the deaths of incompetent patients when continued existence is clearly not in their best interest, as is the case of infants who are born with serious physical anomalies, who are either 'born dying' or have no prospect for a life that is of a reasonable quality. I have rejected the distinction between active and passive methods of euthanasia and have instead chosen to focus on the intentions of the treating physician and the voluntary nature of the patient's request. When applied in equivalent circumstances, active and passive methods of euthanasia produce the same effects, and if the choice to hasten the death of the patient is ethical, then the use of either method can be accepted. The use of active methods of euthanasia and active forms of withdrawal of life support, such as the removal of a respirator are both conscious decisions to end the life of the patient and both bring death within a short period of time. It is false to maintain a distinction that believes that one is active killing. whereas the other form only allows nature to take it's course. Both are conscious choices to hasten the patient's death and should be evaluated as such. Additionally, through an examination of the Hippocratic Oath, and statements made by the American Medical Association and the American College of physicians, it can be shown that the ideals that the medical profession maintains and the respect for the interests of the patient that it holds allows the physician to give aid to patients who wish to choose death as an alternative to continued suffering. The physician is also allowed to and in some circumstances, is morally required, to help dying patients whether through active or passive forms of euthanasia or through assisted suicide. Euthanasia is a difficult topic to think about, but in the end, we should support the choice that respects the patient's autonomous choice or clear best interest and the respect that we have for their dignity and personal worth.

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This project intertwines philosophical and historico-literary themes, taking as its starting point the concept of tragic consciousness inherent in the epoch of classicism. The research work makes use of ontological categories in order to describe the underlying principles of the image of the world which was created in philosophical and scientific theories of the 17th century as well as in contemporary drama. Using these categories brought Mr. Vilk to the conclusion that the classical picture of the world implied a certain dualism; not the Manichaean division between light and darkness but the discrimination between nature and absolute being, i.e. God. Mr. Vilk begins with an examination of the philosophical essence of French classical theatre of the XVII and XVIII centuries. The history of French classical tragedy can be divided into three periods: from the mid 17th to early 19th centuries when it triumphed all over France and exerted a powerful influence over almost all European countries; followed by the period of its rejection by the Romantics, who declared classicism to be "artificial and rational"; and finally our own century which has taken a more moderate line. Nevertheless, French classical tragedy has never fully recovered its status. Instead, it is ancient tragedy and the works of Shakespeare that are regarded to be the most adequate embodiment of the tragic. Consequently they still provoke a great number of new interpretations ranging from specialised literary criticism to more philosophical rumination. An important feature of classical tragedy is a system of rules and unities which reveals a hidden ontological structure of the world. The ontological picture of the dramatic world can be described in categories worked out by medieval philosophy - being, essence and existence. The first category is to be understood as a tendency toward permanency and stability (within eternity) connected with this or that fragment of dramatic reality. The second implies a certain set of permanent elements that make up the reality. And the third - existence - should be understood as "an act of being", as a realisation of permanently renewed processes of life. All of these categories can be found in every artistic reality but the accents put on one or another and their interrelations create different ontological perspectives. Mr. Vilk plots the movement of thought, expressed in both philosophical and scientific discourses, away from Aristotle's essential forms, and towards a prioritising of existence, and shows how new forms of literature and drama structured the world according to these evolving requirements. At the same time the world created in classical tragedy fully preserves another ontological paradigm - being - as a fundamental permanence. As far as the tragic hero's motivations are concerned this paradigm is revealed in the dedication of his whole self to some cause, and his oath of fidelity, attitudes which shape his behaviour. It may be the idea of the State, or personal honour, or something borrowed from the emotional sphere, passionate love. Mr. Vilk views the conflicting ambivalence of existence and being, duty as responsibility and duty as fidelity, as underlying the main conflict of classical tragedy of the 17th century. Having plotted the movement of the being/existence duality through its manifestations in 17th century tragedy, Mr. Vilk moves to the 18th century, when tragedy took a philosophical turn. A dualistic view of the world became supplanted by the Enlightenment idea of a natural law, rooted in nature. The main point of tragedy now was to reveal that such conflicts as might take place had an anti-rational nature, that they arose as the result of a kind of superstition caused by social reasons. These themes Mr. Vilk now pursues through Russian dramatists of the 18th and early 19th centuries. He begins with Sumarakov, whose philosophical thought has a religious bias. According to Sumarakov, the dualism of the divineness and naturalness of man is on the one hand an eternal paradox, and on the other, a moral challenge for humans to try to unite the two opposites. His early tragedies are not concerned with social evils or the triumph of natural feelings and human reason, but rather the tragic disharmony in the nature of man and the world. Mr Vilk turns next to the work of Kniazhnin. He is particularly keen to rescue his reputation from the judgements of critics who accuse him of being imitative, and in order to do so, analyses in detail the tragedy "Dido", in which Kniazhnin makes an attempt to revive the image of great heroes and city-founders. Aeneas represents the idea of the "being" of Troy, his destiny is the re-establishment of the city (the future Rome). The moral aspect behind this idea is faithfulness, he devotes himself to Gods. Dido is also the creator of a city, endowed with "natural powers" and abilities, but her creation is lacking internal stability grounded in "being". The unity of the two motives is only achieved through Dido's sacrifice of herself and her city to Aeneus. Mr Vilk's next subject is Kheraskov, whose peculiarity lies in the influence of free-mason mysticism on his work. This section deals with one of the most important philosophical assumptions contained in contemporary free-mason literature of the time - the idea of the trinitarian hierarchy inherent in man and the world: body - soul - spirit, and nature - law - grace. Finally, Mr. Vilk assess the work of Ozerov, the last major Russian tragedian. The tragedies which earned him fame, "Oedipus in Athens", "Fingal" and "Dmitri Donskoi", present a compromise between the Enlightenment's emphasis on harmony and ontological tragic conflict. But it is in "Polixene" that a real meeting of the Russian tradition with the age-old history of the genre takes place. The male and female characters of "Polixene" distinctly express the elements of "being" and "existence". Each of the participants of the conflict possesses some dominant characteristic personifying a certain indispensable part of the moral world, a certain "virtue". But their independent efforts are unable to overcome the ontological gap separating them. The end of the tragedy - Polixene's sacrificial self-immolation - paradoxically combines the glorification of each party involved in the conflict, and their condemnation. The final part of Mr. Vilk's research deals with the influence of "Polixene" upon subsequent dramatic art. In this respect Katenin's "Andromacha", inspired by "Polixene", is important to mention. In "Andromacha" a decisive divergence from the principles of the philosophical tragedy of Russian classicism and the ontology of classicism occurs: a new character appears as an independent personality, directed by his private interest. It was Katenin who was to become the intermediary between Pushkin and classical tragedy.