922 resultados para Constitutional conventions.


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Kurki, M. (2007). Critical realism and causal analysis in international relations. Millennium: Journal of International Studies, 35 (2), 361-378. RAE2008

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Williams, H. (2006). Ludwig Feuerbach's Critique of Religion and the End of Moral Philosophy. In Moggach, D. (Ed.), The New Hegelians: Politics and Philosophy in the Hegelian School (pp.50-66). Cambridge: Cambridge University Press. Introduction; Part I. Eduard Gans: 1. Eduard Gans on poverty and on the constitutional debate; 2. Ludwig Feuerbach's Critique of Religion and the end of moral philosophy; Part II. Ludwig Feuerbach: 3. The symbolic dimension and the politics of Left Hegelianism; Part III. Bruno Bauer: 4. Exclusiveness and political universalism in Bruno Bauer; 5. Republican rigorism and emancipation in Bruno Bauer; Part IV. Edgar Bauer: 6. Edgar Bauer and The Origins of the Theory of Terrorism; Max Stirner 7. Ein Menschenleben: Hegel and Stirner; 8. 'The State and I': Max Stirner's anarchism; Friedrich Engels: 9. Engels and the invention of the catastrophist conception of the industrial revolution; Karl Marx: 10. The basis of the state in the Marx of 1842; 11. Marx and Feuerbachian essence: returning to the question of 'Human Essence' in historical materialism; 12. Freedom and the 'Realm of Necessity'; Concluding with Hegel :13. Work, language and community: a response to Hegel's critics. RAE2008

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Gough, John, 'Quantum Stratonovich Stochastic Calculus and the Quantum Wong-Zakai Theorem', Journal of Mathematical Physics. 47, 113509, (2006)

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This paper explores the current conventions and intentions of the game jam - contemporary events that encourage the rapid, collaborative creation of game design prototypes. Game jams are often renowned for their capacity to encourage creativity and the development of alternative, innovative game designs. However, there is a growing necessity for game jams to continue to challenge traditional development practices through evolving new formats and perspectives to maintain the game jam as a disruptive, refreshing aspect of game development culture. As in other creative jam style events, a game jam is not only a process but also, an outcome. Through a discussion of the literature this paper establishes a theoretical basis with which to analyse game jams as disruptive, performative processes that result in original creative artefacts. In support of this, case study analysis of Development Cultures: a series of workshops that centred on innovation and new forms of practice through play, chance, and experimentation, is presented. The findings indicate that game jams can be considered as processes that inspire creativity within a community and that the resulting performances can be considered as a form of creative artefact, thus parallels can be drawn between game jams and performative and interactive art.

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Tematem artykułu jest książka bezpośrednio nie zaliczana do literatury Holocaustu, wybitna powieść Życie i los, rosyjskiego pisarza i dziennikarza Wasilija Grossmana, który dziś uznawany jest za jednego z najważniejszych twórców rosyjskich XX wieku. Życie i los okazuje się przykładem ujęcia dramatu Shoah na tle wojny jako części wielkiej Historii poddanej szaleństwom ideologii i polityki nazistów oraz terroru i rosnącego z drugiej strony antysemityzmu w państwie bolszewickim. Jednocześnie Zagłada pozostaje w tym utworze przede wszystkim tragedią konkretnych osób, widziana w porządku pojedynczej ludzkiej egzystencji, która nie daje się nigdy całkowicie sprowadzić do tego, co bezosobowe i masowe. Indywidualna perspektywa humanizuje obraz historii, ale też i go podważa w jego ogólnych strukturach i narracjach. Artykuł opisuje elementy, które składają się na żydowski wątek utworu. Dla jego odczytania ważny okazuje się szerszy kontekst biografii Grossmana i historia powstania oraz wydania powieści Życie i los. Jak widać – rosyjski pisarz dokonał dwóch znaczących gestów w odniesieniu do problemu reprezentacji Zagłady: z jednej strony zwrócił się ku konwencjom literackim, wykorzystał epicki rozmach, kompozycję wielowątkową i panoramiczne ujęcia wraz z ich koncepcją realizmu, wehikularności słowa, a jednocześnie wyszedł poza estetyczne ramy tekstu literackiego, wprowadził elementy lirycznych opisów i autobiograficzne akcenty oraz podkreślił etyczny wymiar całości – jako formy pamięci o tych niezliczonych ofiarach nie tylko Zagłady, ale i każdego XX wiecznego totalitaryzmu.

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W niniejszym artykule autor przedstawił sposób odtworzenia normy prawnej zawierającej prawo do ochrony zdrowia na podstawie przepisu prawnego art. 68 ust. 1 Konstytucji RP. Przełożenie przepisu prawnego na normę prawną odbyło się zgodnie z założeniami derywacyjnej koncepcji wykładni, której istotą jest uzyskanie równoznaczności pomiędzy przepisem a odtworzoną z niego normą. W tym celu konieczne było przeprowadzenie wszystkich trzech faz wykładni: porządkującej, rekonstrukcyjnej i percepcyjnej. Niniejszy artykuł ukazuje, jak przebiegają poszczególne czynności interpretacyjne podejmowane w oparciu o dyrektywy derywacyjnej koncepcji wykładni. Pozwala to zobaczyć w szczegółowy sposób przebieg procesu przekształcania przepisu prawnego w normę prawną. Rezultatem przeprowadzonej wykładni było uzyskanie dostatecznie jednoznacznej normy prawnej. Na tej podstawie wykazano, że prawo do ochrony zdrowia jest zasadą prawa, ponieważ możliwe było odniesienie treści normy prawnej do określonych kryteriów. Ponadto, norma prawna odtworzona na podstawie przepisu konstytucyjnego zawiera wszystkie elementy, przede wszystkim określa adresata i nakazane zachowanie. Pozwala to wskazać sytuacje prawne, jakie wyznacza odtworzona w toku wykładni norma prawna, czyli obowiązek, uprawnienie i prawo podmiotowe. Postrzeganie konstytucyjnego prawa do ochrony zdrowia jako normy prawnej umożliwia także znacznie szersze i głębsze rozpatrzenie aspektów jego obowiązywania. W tym kontekście szczególnie przydatna jest derywacyjna koncepcja wykładni prawa.

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To Augustyn Surdyk numerous assumptions of constructivism and constructionism in the educational context seem to correspond with the idea of autonomisation in foreign language didactics. He presents a comparison of selected aspects of the three theories in question on the example of an innovative communicative technique of Role-Playing Games applied in the process of teaching foreign languages at an advanced level. The conventions of the technique with its simplified rules have been borrowed from popular parlour games and adapted by the author to the conditions of language didactics. The elements of play and simulation incorporated in the technique allow it to be rated among techniques of ludic strategy. (from Preface to the book)

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This thesis covers the Irish House of Lords in the last two decades of its life. A number of important themes run through the work - the regency crisis, patronage, the management of the Lords, the relationship between the Lords and Commons. These themes, explored from different angles, are vital to an understanding of the political role of the upper house in the 1780s and 1790s. This study is confined to the Lords as a political institution and thus its judicial role as final court of appeal, which was restored to it in 1782, will not be explored here. The thesis consists of two parts. Part one examines the structure and powers of the House of Lords while part two looks at the parties and policies of the house. Chapter one discusses the British constitution as imposed upon Ireland. Chapter two suggests the reasons why constitutional changes were introduced in 1782, and looks at the contribution made by the Irish House of Lords in securing these changes. Chapter three explores the various channels of influence which the peers enjoyed. Chapter four explores the sometimes tense relationship between Lords and Commons. Chapter five examines management of the House of Lords by Dublin Castle. Part two, begins at chapter six. This chapter explores the leadership of both parties within the Lords. Chapter seven looks at how patronage was used to reward those who were loyal to the government. Chapter eight explores the influence of the Whig opposition. Chapter nine looks at the controversial attempts made by Pitt and his ministry during the 1790s to win the support of catholics and turn them from the lure of French ideas, and of the response of the peers to these attempts. Chapter ten is concerned with the relationship between the peers of the House of Lords and the lords lieutenant during the 1790s. Chapter eleven looks at the Union and the House of Lords and attempts to answer the question historians have long asked: why did the Irish parliament and the House of Lords in particular, look favourably on the proposed union of the two kingdoms and the end of their own institution? The House of Lords in the closing decades of the eighteenth century was an institution within which the wealth and power of the kingdom could be found. Its members were politically active, both inside and outside the house. It contained a majority who saw the Crown as the source of stability, but it was a living and evolving political organism and therefore it contained men who believed that the Crown should have its influence limited. This evolution is also demonstrated in its desire for political change in 1782 and 1788. Its last, and perhaps most radical decision, was to vote for its own demise in 1900.

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The dissertation proposes that one of the more fruitful ways of interpreting Burke's work is to evaluate him as an oral performer rather than a literary practitioner and it argues that in his voice can be heard the modulations of the genres and conventions of oral composition of eighteenth-century Gaelic Ireland. The first chapter situates Burke in the milieu of the Gaelic landed class of eighteenth-century Ireland. The next chapter examines how the rich oral culture of the Munster Gaelic gentry, where Burke spent his childhood days, was to provide a lasting influence on the form and content of Burke's work. His speeches on the British constitution are read in the context of the historical and literary culture of the Jacobites, specifically the speculum principis, Párliament na mBán. The third chapter surveys the tradition of Anglo-Irish theoretical writings on oratory and discusses how Burke is aligned with this school. The focus is on how Burke's thought and practice, his 'idioms', might be understood as being mediated through the criterion of orality rather than literature. The remaining chapters discuss Burke's politics and performance in the light of Gaelic cultural practices such as the rituals of the courts of poetry, the Warrant Poems or Barántas; the performance of funeral laments and elegies, Caoineadh, the laments for the fallen nobility, Marbhna na daoine uaisle, the satires and the political vision allegories of Munster, Aislingí na Mumhan; to show how they provide us with a remarkable context for discussing Burke's poetical-political performance. In hearing Burke's voice through the body of Gaelic culture our understanding of Burke's position in the wider world of the eighteenth century (and hence his meaning) is profoundly affected.

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The lives of Thomas and Anna Haslam were dedicated to the attainment of women's equality. They were feminists before the word was coined. In an era when respectable women were not supposed to know of the existence of prostitutes, Anna became empowered to do the unthinkable, not only to speak in public but to discuss openly matters sexual and to attack the double standard of sexuality which was enshrined in the official treatment of prostitutes. Their life-long commitment to the cause of women's suffrage never faltered, despite the repeated discouragement of the fate of bills defeated in the House of Commons. The Haslams represented an Ireland which did not survive them. While they were dedicated to the union with Westminster, they worked happily with those who applied themselves to its destruction. Although in many ways they exemplified the virtues of their Quaker backgrounds, they did not subscribe to any organised religion. Despite living in straitened circumstances, they were part of an urban intellectual elite and participated in the social and cultural life of Dublin for over fifty years. It is tempting to speculate how the Haslams would have fared in post independence Ireland. Hanna Sheehy Skeffington who had impeccable nationalist credentials, was effectively marginalised. It is likely that they would have protested against discriminatory legislation in their usual law abiding manner but, in a country which quickly developed an overwhelmingly Roman Catholic ethos, would they have had a voice or a constituency? Ironically, Thomas's teaching on chastity would have found favour with the hierarchy; his message was disseminated in a simple and more pious manner in numerous Catholic Truth Society pamphlets. The Protestant minority never sought to subvert the institutions of the state, was careful not to criticise and kept its collective head down. Dáil Éireann was not bombarded with petitions for the restoration of divorce facilities or the unbanning of birth control. Those who sought such amenities obtained them quietly 'in another jurisdiction.' Fifty years were to pass before the condom wielding 'comely maidens' erupted on to the front pages of the Sunday papers. They were, one imagines, the spiritual descendants of the militant rather than the constitutional suffrage movement. "Once and for all we need to commit ourselves to the concept that women's rights are not factional or sectional privileges, bestowed on the few at the whim of the many. They are human rights. In a society in which the rights and potential of women are constrained no man can be truly free." These words spoken by Mary Robinson as President of Ireland are an echo of the principles to which the Haslams dedicated their lives and are, perhaps, a tribute to their efforts.

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The recognition and protection of constitutional rights is a fundamental precept. In Ireland, the right to marry is provided for in the equality provisions of Article 40 of the Irish Constitution (1937). However, lesbians and gay men are denied the right to marry in Ireland. The ‘last word’ on this issue came into being in the High Court in 2006, when Katherine Zappone and Ann Louise Gilligan sought, but failed, to have their Canadian marriage recognised in Ireland. My thesis centres on this constitutional court ruling. So as to contextualise the pursuit of marriage equality in Ireland, I provide details of the Irish trajectory vis-à-vis relationship and family recognition for same-sex couples. In Chapter One, I discuss the methodological orientation of my research, which derives from a critical perspective. Chapter Two denotes my theorisation of the principle of equality and the concept of difference. In Chapter Three, I discuss the history of the institution of marriage in the West with its legislative underpinning. Marriage also has a constitutional underpinning in Ireland, which derives from Article 41 of our Constitution. In Chapter Four, I discuss ways in which marriage and family were conceptualised in Ireland, by looking at historical controversies surrounding the legalisation of contraception and divorce. Chapter Five denotes a Critical Discourse Analysis of the High Court ruling in Zappone and Gilligan. In Chapter Six, I critique text from three genres of discourse, i.e. ‘Letters to the Editor’ regarding same-sex marriage in Ireland, communication from legislators vis-à-vis the 2004 legislative impediment to same-sex marriage in Ireland, and parliamentary debates surrounding the 2010 enactment of civil partnership legislation in Ireland. I conclude my research by reflecting on my methodological and theoretical considerations with a view to answering my research questions. Author’s Update: Following the outcome of the 2015 constitutional referendum vis-à-vis Article 41, marriage equality has been realised in Ireland.

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This thesis interrogates the construction of fairness to the accused in historic child sexual abuse trials in Ireland. The protection of fairness is a requirement of any trial that claims to adhere to the rule of law. Historic child sexual abuse trials, in which the charges relate to events that are alleged to have taken place decades previously, present serious challenges to the ability of the trial process to safeguard fairness. They are a litmus test of the courts’ commitment to fairness. The thesis finds that in historic abuse trials fairness to the accused has been significantly eroded and that therefore the Irish Courts have failed to respect the core of the rule of law in these most serious of prosecutions. The thesis scrutinises two bodies of case law, both of which deal with the issue of whether evidence should reach the jury. First, it examines the decisions on applications brought by defendants seeking to prohibit their trial. The courts hearing prohibition applications face a dilemma: how to ensure the defendant is not put at risk of an unfair trial, while at the same time recognising that delay in reporting is a defining feature of these cases. The thesis traces the development of the prohibition case law and tracks the shifting interpretations given to fairness by the courts. Second, the thesis examines what fairness means in the superior courts’ decisions regarding the admissibility of the following kinds of evidence, each of which presents particular challenges to the ability of the trial to safeguard fairness: evidence of multiple complainants; evidence of recovered memories and evidence of complainants’ therapeutic records. The thesis finds that in both bodies of case law the Irish courts have hollowed out the meaning of fairness. It makes proposals on how fairness might be placed at the heart of courts’ decisions on admissibility in historic abuse trials. The thesis concludes that the erosion of fairness in historic abuse trials is indicative of a move away from the liberal model of criminal justice. It cautions that unless fairness is prioritised in historic child sexual abuse trials the legitimacy of these trials and that of all Irish criminal trials will be contestable.

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Practice Links is a free e-publication for practitioners working in Irish social services, voluntary and nongovernmental sectors. Practice Links was created to enable practitioners to keep up-to-date with new publications, electronic resources and conference opportunities. Issue 38 contains the text for a proposed constitutional amendment on children’s rights

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This study, "Civil Rights on the Cell Block: Race, Reform, and Violence in Texas Prisons and the Nation, 1945-1990," offers a new perspective on the historical origins of the modern prison industrial complex, sexual violence in working-class culture, and the ways in which race shaped the prison experience. This study joins new scholarship that reperiodizes the Civil Rights era while also considering how violence and radicalism shaped the civil rights struggle. It places the criminal justice system at the heart of both an older racial order and within a prison-made civil rights movement that confronted the prison's power to deny citizenship and enforce racial hierarchies. By charting the trajectory of the civil rights movement in Texas prisons, my dissertation demonstrates how the internal struggle over rehabilitation and punishment shaped civil rights, racial formation, and the political contest between liberalism and conservatism. This dissertation offers a close case study of Texas, where the state prison system emerged as a national model for penal management. The dissertation begins with a hopeful story of reform marked by an apparently successful effort by the State of Texas to replace its notorious 1940s plantation/prison farm system with an efficient, business-oriented agricultural enterprise system. When this new system was fully operational in the 1960s, Texas garnered plaudits as a pioneering, modern, efficient, and business oriented Sun Belt state. But this reputation of competence and efficiency obfuscated the reality of a brutal system of internal prison management in which inmates acted as guards, employing coercive means to maintain control over the prisoner population. The inmates whom the prison system placed in charge also ran an internal prison economy in which money, food, human beings, reputations, favors, and sex all became commodities to be bought and sold. I analyze both how the Texas prison system managed to maintain its high external reputation for so long in the face of the internal reality and how that reputation collapsed when inmates, inspired by the Civil Rights Movement, revolted. My dissertation shows that this inmate Civil Rights rebellion was a success in forcing an end to the existing system but a failure in its attempts to make conditions in Texas prisons more humane. The new Texas prison regime, I conclude, utilized paramilitary practices, privatized prisons, and gang-related warfare to establish a new system that focused much more on law and order in the prisons than on the legal and human rights of prisoners. Placing the inmates and their struggle at the heart of the national debate over rights and "law and order" politics reveals an inter-racial social justice movement that asked the courts to reconsider how the state punished those who committed a crime while also reminding the public of the inmates' humanity and their constitutional rights.

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For the purposes of starting to tackle, within artificial intelligence (AI), the narrative aspects of legal narratives in a criminal evidence perspective, traditional AI models of narrative understanding can arguably supplement extant models of legal narratives from the scholarly literature of law, jury studies, or the semiotics of law. Not only: the literary (or cinematic) models prominent in a given culture impinge, with their poetic conventions, on the way members of the culture make sense of the world. This shows glaringly in the sample narrative from the Continent-the Jama murder, the inquiry, and the public outcry-we analyse in this paper. Apparently in the same racist crime category as the case of Stephen Lawrence's murder (in Greenwich on 22 April 1993) with the ensuing still current controversy in the UK, the Jama case (some 20 years ago) stood apart because of a very unusual element: the eyewitnesses identifying the suspects were a group of football referees and linesmen eating together at a restaurant, and seeing the sleeping man as he was set ablaze in a public park nearby. Professional background as witnesses-cum-factfinders in a mass sport, and public perceptions of their required characteristics, couldn't but feature prominently in the public perception of the case, even more so as the suspects were released by the magistrate conducting the inquiry. There are sides to this case that involve different expected effects in an inquisitorial criminal procedure system from the Continent, where an investigating magistrate leads the inquiry and prepares the prosecution case, as opposed to trial by jury under the Anglo-American adversarial system. In the JAMA prototype, we tried to approach the given case from the coign of vantage of narrative models from AI.