Prawa człowieka w kontekstach kulturowych

The power of human rights idea and its expansion are connected with the experience of so far unprecedented pain and cruelty caused by man to man during the Second World War. Doctrine of legal positivism strenghtened totalitarian systems. One of the essential goals that were set by totalitarian systems was ethnic cleansing within both one’s and subjugated communities. To achieve this goal, concentration camps were established. This Second World War’s events gave raise to a question: does the common morality of the whole mankind exist? The Nuremberg Trials based on conviction that this common morality of the whole mankind exists. In this lawsuits Nazis were on trials for mass murder and crimes against humanity despite the fact that this crimes did not exist as a criminal offences in international law of that time. Lawyers of Nazis argued that their clients should not have been on trials for crimes against humanity because the rule “lex retro non agit” (“the law does not operate retroactively”) should have been in force. International Military Tribunal dismissed this argument – it was stated they tried Nazis are responsible for acts resulting from breach of the natural law. Therefore, the primacy of natural law over civil law (was approved and they admitted that morality and law are essential components of international reality. Since The Nuremberg Trials, the process of making international relations more ethical proceeded consistently through positivisationi.e. introducing human rights ideas to civil law (this issue is included in the Part I of the book: Positivisation of human rights idea). In this way, contemporary human rights as civil law arose, established on the basis of international agreement. Using them in order to legitimize and validate humanitarian interventions undertaken in various parts of the world became the common standard. However, positivisation of human rights idea did not mean that one common paradigm was accepted. Many interpretation of human rights arose and many new human rights formed in concrete cultures. It gives raise to a question about validity of interventions especially in the context of cultural differences in various parts of the world that influence perception, understanding and interpretation of human rights (this issues are discussed in Part II of this book). At present human rights are not only relativized to cultural contexts but undergo semantic changes as a result of globalisation process as well (Part II of the book: Human rights idea vs globalisation). Moreover, the propositions of establishing institutions and global structures that would strengthen human rights idea appear, interalia new propositions of citizenship defining (ujmowanie jako definiowanie)in response to a decreasing role and significance of nation states in the age of globalization. The idea of human rights dominated present-day law, culture and daily life both in local and global dimension. Human rights issue became essential for philosophy, especially political philosophy.

A literary occupation: responses of German writers in service in occupied Europe

This thesis examines the literary output of German servicemen writers writing from the occupied territories of Europe in the period 1940-1944. Whereas literary-biographical studies and appraisals of the more significant individual writers have been written, and also a collective assessment of the Eastern front writers, this thesis addresses in addition the German literary responses in France and Greece, as being then theatres of particular cultural/ideological attention. Original papers of the writer Felix Hartlaub were consulted by the author at the Deutsches Literatur Archiv (DLA) at Marbach. Original imprints of the wartime works of the subject writers are referred to throughout, and citations are from these. As all the published works were written under conditions of wartime censorship and, even where unpublished, for fear of discovery written in oblique terms, the texts were here examined for subliminal authorial intention. The critical focus of the thesis is on literary quality: on aesthetic niveau, on applied literary form, and on integrity of authorial intention. The thesis sought to discover: (1) the extent of the literary output in book-length forms. (2) the auspices and conditions under which this literary output was produced. (3) the publication history and critical reception of the output. The thesis took into account, inter alia: (1) occupation policy as it pertained locally to the writers’ remit; (2) the ethical implications of this for the writers; (3) the writers’ literary stratagems for negotiating the constraints of censorship.

Behind the paravent: a study of Konrad Bayer's dramatic texts

This thesis is a study of Konrad Bayer's dramatic texts. It has evolved out of various attempts to read those texts, some filed and some more successful. It does not claim to be authoritative or complete, since the nature of Bayer's texts, as will become clear in the course of the ensuing chapters, means that they resist such an interpretation. To accept this was an important prerequisite for the writing of this thesis, but a difficult one to fulfill because for the Bayer commentator it constitutes a certain acceptance of defeat even before one begins. Chapter 1 will begin by providing some introductory information about Konrad Bayer, including details of his life and his membership of the Wiener Gruppe, a formative phase in his development as a writer. It will also consider the historical and cultural climate of 1950s Austria that provided the backdrop for Bayer's literary work. The phenomenon of the Wiener Gruppe will then be examined against the background of preceding experimental movements, for the purpose of situating Bayer's work historically and artistically. The aim of this historical and artistic survey is to prepare for the confrontation with Bayer's texts that makes up the other chapters of the thesis. Chapter 2 will constitute a close textual study of one of Bayer's dramatic texts using criteria from the field of text linguistics. Such a study will offer an entry point into Bayer's texts and will supply material which will form the basis for the interpretative investigations of the chapters that follow it. Chapter 3 will consider the influence of language and the individual. In chapter 4 the figure of the Lion of Belfort, a recurring figure in Bayer's dramatic texts, is discussed. The final chapter of this thesis will examine the recurring motifs of violence and cannibalism and will consider them in terms of the findings of preceding chapters.

Principles and prejudice: The erosion of fairness in admissibility determinations relating to historic child sexual abuse trials in Ireland

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.

The analytical approach of the European Court of Human Rights in surveillance cases—the implications, justifications, and future of the Court’s reasoning, with a focus on the legislative impact in Ireland

A notable feature of the surveillance case law of the European Court of Human Rights has been the tendency of the Court to focus on the “in accordance with the law” aspect of the Article 8 ECHR inquiry. This focus has been the subject of some criticism, but the impact of this approach on the manner in which domestic surveillance legislation has been formulated in the Party States has received little scholarly attention. This thesis addresses that gap in the literature through its consideration of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 and the Criminal Justice (Surveillance) Act, 2009. While both Acts provide several of the safeguards endorsed by the European Court of Human Rights, this thesis finds that they suffer from a number of crucial weaknesses that undermine the protection of privacy. This thesis demonstrates how the focus of the European Court of Human Rights on the “in accordance with the law” test has resulted in some positive legislative change. Notwithstanding this fact, it is maintained that the legality approach has gained prominence at the expense of a full consideration of the “necessary in a democratic society” inquiry. This has resulted in superficial legislative responses at the domestic level, including from the Irish government. Notably, through the examination of a number of more recent cases, this project discerns a significant alteration in the interpretive approach adopted by the European Court of Human Rights regarding the application of the necessity test. The implications of this development are considered and the outlook for Irish surveillance legislation is assessed.

A history of the Irish Red Cross Society, 1939-1971

This research is concerned with assessing from a national perspective the role, work and historical impact of the Irish Red Cross Society (IRCS) between 1939 and 1971. During this period the IRCS discharged three primary functions: it provided first aid services both in war-time and peace-time; it pioneered public health and social care services; and acted as the State’s main agency for international humanitarian relief measures. Although primarily a national organisational history of the Society, it is not a history in isolation. A broader perspective demonstrates that the work undertaken by the IRCS has relevance to the medical, social, religious, cultural, political and diplomatic history of twentieth century Ireland. This study assesses the impact of a number of significant public health and social care initiatives which the IRCS implemented and developed since its inception and how most of these were subsequently developed independently by the State. During the early 1940s, the Society’s formation of a national blood transfusion service ultimately laid the foundations for the establishment of a national blood transfusion service. The Society’s steering of a national anti-tuberculosis campaign in the 1940s brought the issue of the eradication of TB to the fore and helped to change public attitudes towards the disease. The concept of caring for the needs of the elderly in Ireland was largely unknown until the IRCS began addressing the issue in the 1950s and, for more than two decades, was effectively the only organisation in the State that campaigned and introduced innovative services for the aged. The IRCS made a significant impact in terms of its commitment to the needs of refugees and the provision of international humanitarian relief from Ireland. The Society’s donation in 1945 of a fully equipped hospital to the population of Saint-Lo in France, its war-time overseas relief efforts and its post-war work for child refugees earned Ireland significant international recognition and prestige and, more importantly, justified Ireland’s war-time policy of neutrality. With Ireland’s admission to the UN, the government became more dependent on the IRCS to consolidate that position.

Resource Curse or Destructive Creation: A Tale of Crony Capitalism in Transition

This paper explores the “resource curse” problem as a counter-example of creative performance and innovation by examining reliance on capital and physical resources, showing the gap between expectations and ex-post actual performance became clearer under conditions of economic turmoil. The analysis employs logistic regressions with dichotomous response and predictor variables, showing significant results.Several findings that have use for economic and business practice follow. First, in a transition period, a typical characteristic of successful firms was their reliance on either capital resources or physical asset endowments, whereas the innovation factor was not significant.Second, poor-performing enterprises exhibited evidence of over reliance on both capital and physical assets. Third, firms that relied on both types of resources tended to downplay creative performance. Fourth, reliance on capital/physical resources and adoption of “creative discipline/innovations” tend to be mutually exclusive. In fact, some evidence suggests that firms face more acute problem caused by the law of diminishing returns in troubled times. The Vietnamese corporate sector’s addiction to resources may contribute to economic deterioration, through a downward spiral of lower efficiency leading to consumption of more resources. The “innovation factor” has not been tapped as a source of economic growth. The absence of innovations and creativity has made the notion of “resource curse” become identical to “destructive creation” implemented by ex-ante resource-rich firms, and worsened the problem of resource misallocation in transition turmoil.

The Evolution of Rachmaninov's Pianistic Style from 1892 to 1941 as Seen in Selected Original Works and Transcriptions for Piano

Unlike some other major composer-pianists (Franz Liszt and Alexander Scriabin being the most notable examples), Sergei Rachmaninov did not experience any dramatic changes in his compositional style; one can, however, notice certain stylistic differences between piano works composed during different periods of his long creative life. This dissertation argues that a clear evolution of Rachmaninov's pianistic style through his three creative periods can be traced by examining a selection of his compositions, from his first significant cycle for piano, 5 Marceaux de fantaisie, Op. 3 (1892), all the way through to his last piano work, a transcription of P.I.Tchakovsky's Lullaby, Op. 16, No. 1 (1941). Rachmaninov's life as a composer can be divided into three periods. His early period was ended abruptly by the disastrous premiere ofhis First Symphony in 1897, which caused a deep psychological crisis in the life of the young composer. Piano works of this period are often characterized by relatively simple homophonic texture, when Rachmaninov was clearly influenced by some of his Russian predecessors, most notably Tchaikovsky. His second and most productive period, also known as the period of"Russian maturity," started in 1900, when he began working on the Second Suite for two pianos, Op. 17, and the Second Concerto, Op. 18; this phase ended with the Russian Bolshevik revolution of 1917. Works of this time exhibit a mature style of piano writing, with rich, virtuosic - often considered excessive by many critics - texture and ever-increasing use of chromatic harmonies. Rachmaninov's works of the third period are limited in number owing to the composer's preoccupation with a career as pianist. Original works for piano now give way to revisions of earlier compositions and transcriptions: Rachmaninov's piano writing becomes more efficient and economical without losing any of its virtuosic brilliance. This dissertation project examines in detail, over the course of three piano recitals, a variety of works composed during the "Russian maturity" period, from several Preludes from Op. 23 (1903), the first major cycle for solo piano of the period, to 9 Etudes-Tableaux, Op.39 (1917), the last one; the early period is represented by 3 of 5 Marceaux defantaisie, Op. 3 (1892), while the late period is shown through several piano transcriptions and revised versions of the remaining 2 pieces from Op. 3.

Return of deposits

Explores case law illustrating the circumstances in which the courts are likely to order the return of a deposit in the event of a buyer's default. Notes the unwillingness of the courts to apply the rule on penalties to deposits and discusses the court's discretion under the Law of Property Act 1925 s.49(2) to order repayment. Focuses on the Chancery Division ruling in Aribisala v St James Homes (Grosvenor Dock) Ltd giving guidance on the circumstances in which the discretion under s.49(2) should be exercised.

Singular stresses at the tip of a crack terminating at frictional interface of fibre reinforced composites

The stress singularities at the tip of a crack that terminates at a frictional interface between two layers in anisotropic composites are investigated. The order of stress singularities is determined by solving the characteristic equations obtained from the boundary conditions and the frictional interface conditions for the cases concerned. The interface is assumed to be governed by Coulomb's law of friction. Numerical results are presented for the cases with a crack terminating at a frictional interface of a fibre reinforced composite, and it is shown that there is a big difference of stress singularities between cases with and without considering friction along the interface.

Dazed and Confused: Accidental Mixtures of Goods and the Theory of Acquisition of Title

This paper explores the law of accidental mixtures of goods. It traces the development of the English rules on mixture from the seminal nineteenth century case of Spence v Union Marine Insurance Co to the present day, and compares their responses to those given by the Roman law, which always has been claimed as an influence on our jurisprudence in this area. It is argued that the different answers given by English and Roman law to essentially the same problems of title result from the differing bases of these legal systems. Roman a priori theory is contrasted with the more practical reasoning of the common law, and while both sets of rules are judged to be coherent on their own terms, it is suggested that the difference between them is reflective of a more general philosophical disagreement about the proper functioning of a legal system, and the relative importance of theoretical and pragmatic considerations.

CCD photometry of distant comets. III - Ensemble properties of Jupiter-family comets

We describe the results of a ground-based observational "snapshot" study of Jupiter-family comets in the heliocentric range 2.29 AU less than or equal to R-h less than or equal to 5.72 AU. Results are presented based on observations from the 1m JKT on the island of La Palma. A total of 25 comets were targeted with 15 being positively detected. Broad-band VRI photometry was performed to determine dimensions, colour indices, and dust production rates in terms of the "A frho" formalism. The results for selected comets are compared with previous investigations. Ensemble properties of the Jupiter- family population have been investigated by combining the results presented here with those of Lowry et al. (1999), and Lowry & Fitzsimmons (2001). We find that the cumulative size distribution of the Jupiter-family comets can be described by a power law of the form; Sigma(> r) proportional to r(-1.6+/- 0.1). This size distribution is considerably shallower than that found for the observed Edgeworth-Kuiper belt objects, which may reflect either an intrinsic difference at small km- sizes in the belt, or the various processes affecting the nuclei of comets as their orbits evolve from the Edgeworth- Kuiper belt to the inner Solar system. Also, there would appear to be no correlation between nuclear absolute magnitude and perihelion distance. Finally, for the sample of active comets, there is a distinct correlation between absolute R band magnitude and perihelion distance, which can be explained by either a discovery bias towards brighter comets or in terms of "rubble" mantle formation.

The Growth of US Credit Unions

The growth of US credit unions during the 1990s is investigated empirically, using univariate and multivariate cross sectional and panel estimation techniques. Univariate tests of the law of proportionate effect suggest that in general large credit unions grew faster than their smaller counterparts. On average credit unions with above-average growth in one period tended to experience below-average growth in the next. Smaller credit unions tended to have more variable growth than large ones. While credit unions share a common co-operative philosophy, they differ in terms of age profile, scope for membership growth, charter type and financial structure and performance. In estimations of a multivariate growth model, most of these characteristics are found to have a significant influence on the size-growth relationship. While large state chartered credit unions grew faster than their smaller counterparts, the reverse was true for federally chartered credit unions. In general, if larger credit unions grew faster than smaller ones, they tended to do so for specific reasons: because their charters were less restrictive, because they were more efficient, or because they had a financial structure that was more conducive to growth. Therefore credit union growth was not `random', but highly systematic.

Single-ionization of helium at Ti:sapphire wavelengths: rates and scaling laws

We present a numerical and theoretical study of intense-field single-electron ionization of helium at 390 nm and 780 nm. Accurate ionization rates (over an intensity range of (0.175-34) X10^14 W/ cm^2 at 390 nm, and (0.275 - 14.4) X 10^14 W /cm^2 at 780 nm) are obtained from full-dimensionality integrations of the time-dependent helium-laser Schroedinger equation. We show that the power law of lowest order perturbation theory, modified with a ponderomotive-shifted ionization potential, is capable of modelling the ionization rates over an intensity range that extends up to two orders of magnitude higher than that applicable to perturbation theory alone. Writing the modified perturbation theory in terms of scaled wavelength and intensity variables, we obtain to first approximation a single ionization law for both the 390 nm and 780 nm cases. To model the data in the high intensity limit as well as in the low, a new function is introduced for the rate. This function has, in part, a resemblance to that derived from tunnelling theory but, importantly, retains the correct frequency-dependence and scaling behaviour derived from the perturbative-like models at lower intensities. Comparison with the predictions of classical ADK tunnelling theory confirms that ADK performs poorly in the frequency and intensity domain treated here.

A new teaching category at the Spanish University of Franco’s regime: the appearance on the scene of the senior lecturer

The Law of 17 July 1965 on the structure of university faculties and their teaching staff placed the figure of the university senior lecturer on stage. During the sixties, the gestation process, adoption and subsequent integration of the new figure in the academic pyramid did not escape controversy, leading to a complex phenomenon to which, however, non comprehensive studies have been devoted to reveal: how, when, why and under which conditions this teacher appeared in the Spanish University of Franco’s regime. This paper aims to provide an overview of the process of materialization of the senior lecturer, the legislative framework that definitely established this new educational category and the provisions that were in charge of regulating the processes to get tenure. Also, the first approved aggregate endowments and their distribution among universities, colleges and studies will be discussed. Finally, it was a first approach to the possible motivations that led to the creation of this new educational category in a university afflicted by serious problems waiting for a solution that had been delayed sine die. Asimismo, se analizarán las primeras dotaciones de agregados aprobadas y la distribución de las mismas por universidades, facultades y estudios. Para terminar, se realiza un primer acercamiento a las posibles motivaciones que condujeron a la creación de esta nueva figura docente en una universidad aquejada de graves problemas que esperaban a una solución que venía demorándose sine die.