Academic literature on the topic 'Dualism of victim'

The argument from causal overdetermination (‘the CO-argument’) is considered to be the shortest route to token monism. It only assumes that:1.Efficacy: Mental events are causes of physical events.2.Closure: Every physical event has a sufficient physical cause (if it has any sufficient cause).3.Exclusion: Systematic Causal Overdetermination (CO) is impossible: if an event x is a sufficient cause of an event y then no event x* distinct from x is a cause of y.4.Identity: Therefore, mental events are physical events.Exclusion does not deny the possibility of two gunmen that fi re at a victim at the same time. But event-dualism is like a systematic fi ringsquad case — whenever I want to raise my arm, my arm is raised, and that is intolerable.

This study adopts an intersectional approach to explore the complexities and contingencies of subject positioning in the case of an individual older worker. Five deconstruction strategies are applied to an older worker’s account of his experience of the workplace to unveil the variety of discourses and taken-for-granted assumptions that regulate individual identity formation and contribute to perpetuating the marginalization of the aging organizational subject. Deconstruction analysis shows how the unique positioning of the research subject emerges at the intersection of complex discourses of age, enterprise, family, death, and mental and physical health, casting him as both victim and perpetrator of inequality across a kaleidoscope of interacting categories of oppression. The analysis contributes to the critique of the binary dualism implicit in the victim–perpetrator paradigm dominating mainstream research and policy making on age discrimination in the workplace. It also advocates for new conceptualizations of aging at work that recognize the systemic nature of inequality as the product of intersecting systems of power relations.

While the call for broader conceptions about the political in general, and International Relations in particular, points to the need to redirect attention to the entanglements of societies, species and environments, in this article I address the way in which this proposed shift might still be reproducing anthropocentric understandings of global politics if serious attention is not devoted to the ontological foundations of the discipline. To do so, I first engage in a problematisation of decolonial efforts drawn from the Latin American experience that stress knowledge diversification as a means to emancipation. I then attempt to demonstrate that an exclusive intellectual engagement with entanglements and detachments might also be misleading, for their conventional conception is dependent on certain ontological commitments inherent to knowledge production, namely mind-world dualism and the linear conception of time. I therefore propose the notion of ‘detachment from knowledge’ as an alternative ontological practice through which IR students can themselves grapple with the dualist and anthropocentric oppressor/victim logic at the root of any emancipatory project. Such practice, I finally argue, not only allows us to understand the ‘global’ as indivisible, but also to engage with it beyond the exclusive pursuit of emancipation through knowledge, however diverse or decolonial it might be.

This research was conducted to investigate capitalistic anthropocentrism to nature and woman in Tanah Tabu. Here, Freeport is an actor of capitalistic anthropocentrism while Baliem Valley and female character in Tanah Tabu are representatives of exploited objects. By analysis, the theory of ecofeminism by Vandana Shiva is used here to answer the questions of the research. Therefore, the implication is to study act of capitalistic anthropocentrism of Freeport examined based on the purpose of western colonialism (United Stated of America) that came to Papua by developing mining industry. In the process, the mining industry run by capitalist faced the problem being tried to solve by using modern science and spirit of developing civilization as an effort to cover their act. In this case, ecofeminism shows role of women in struggling their exploited home (nature). This fact appears from relationship between women’s domestic life and nature that cannot be vanished. The discussion results in this study is firstly, the character of capitalistic anthropocentrism by Freeport is known from their motives in developing civilization by modern science, modernism toward conservatism, and colonialism. Secondly, ecofeminism puts female character Tanah Tabu in dualism of role; as a victim and a fighter against capitalistic anthropocentrism. Lastly, the reason why the female character is presented here is because ecofeminism views nature is as a woman who is pregnant and delivers life. Keywords: capitalistic anthropocentrism, ecofeminism, nature, woman, Baliem Valley (Papua).

AbstractIn Bohemia and Moravia, a religious dualism prevailed following the Hussite revolution and the Compactata of 1436. Although the Compactata were abolished by the pope in 1462, the treaty of Kuttenberg guaranteed a right to individual choice in religion, something the nobility viewed as a crucial privilege. But such choice became a victim of a growing re-Catholicization in the sixteenth century. Although Catholic nobles were a minority in Bohemia and Moravia, they were better organized and supported the Habsburgs and the Council of Trent. Their efforts succeeded in contriving a situation in which non-Catholic nobles were tolerated, but excluded from serving in high state offices. Non-Catholic nobles, starting in the 1570s, attempted to organize themselves, and drew up the Confessio Bohemica, which would have given them control over education, church administration, church courts, and censorship. Although the Confessio never achieved legal status, Calvinist noblemen used the dynastic crises of the Habsburgs during the years 1608-11 to further their agenda. A charter, ratified in 1609, gave them control over the lower consistory courts, Charles University, and a body of Defensors who oversaw the preservation of religious liberties. They thereby established a "state within a state," and unavoidably set themselves up for later conflict with the Habsburgs. After their defeat at the battle of the White Mountain, a revised constitution (1627 in Bohemia, 1628 in Moravia) ended religious toleration by outlawing non-Catholic worship, and paving the way to a later absolutism.

Abstrak Penelitian ini membahas tentang peranan pangreh pradja di tanah partikelir di Batavia. Pendapat para ahli selama ini lebih banyak mengungkapkan bahwa Pangreh Pradja menjalani peranan dualisme, disatu pihak kedudukannya merupakan bagian dari pemerintah Kolonial Belanda, namun dipihak lain kedudukannya merupakan bagian dari struktur kekuasaan tuan tanah. Karena itu Pangreh Pradja lebih condong untuk memperhatikan kepentingan tuan tanah. Ketika terjadi pemberontakan di tanah partekelir, Pangreh Pradja menjadi sasaran kemarahan petani, seperti kasus pemberontakan di Condet dan Tanggerang. Wilayah Batavia hampir keseluruhannya merupakan tanah partikelir, yang menarik di tanah ini bahwa tidak semuanya di tanah partikelir Batavia terjadi pemberontakan petani. Dari penelitian penulis dapat diketahui bahwa tidak semua pada tanah partikelir Batavia terjadi pemberontakan, disebabkan lokasi tanah partikelir di Batavia dekat dengan pemerintah pusat. Karena itu masalah keamanan dan kesejahteraan penduduk didalamnya menjadi sorotan pemerintah, yang membuat Pangreh Pradja kinerjanya sangat disorot pemerintah. Hal lainnya yang menyebabkan tidak terjadinya pemberontakan di tanah partikelir adalah: Untuk kasus tanah partikelir Kebayoran, yang diangkat menjadi kepala desa adalah ulama yang dihormati---Abstract This article discusses about the role of pangreh pradja in tanah partikelir Batavia. Most of the experts tend to exposed that Pangreh Pradja had dualism role, on the one hand his role as part of Dutch colonial, on the other hand he also had role as the landlord. That is why he tent to show his attention for the landlord. When the revolt broke out in tanah partikelir, Pangreh Pradja became the victim of the farmer hatred, such as the revolt in Condet and Tangerang. Most of the Batavia were nearly became Tanah Partikelir, where not all the land in Batavia had occured revolution done by farmers. From this article, the writer found that not all tanah partikelir in Batavia had occured revolution. It is becaused the location of tanah partikelir Batavia was near from central government. Therefore, the security and prosperity of people became the main focus of the government, which attract government for Pangreh Pradja role. The other things which avoid revolution in tanah partikelir Batavia: for this case Tanah Partikelir Kebayoran, which was appointed as the head of village was the respected ulama. So that the revolution can be avoided.DOI : 10.5281/zenodo.556798

Article 39 of the Convention on the Rights of the Child provides for the right to recovery and reintegration of child victims of armed conflict. In this publication an explanation is tendered of when children are considered to be victims of armed conflict. Specific reference is made to the question of whether or not a former child soldier may be viewed as such a child victim. In addition the question is addressed of how a monist or dualist approach in terms of which treaty law is incorporated into municipal law influences the rights of child victims in terms of article 39 of the Convention of the Rights of the Child. Thirdly, article 39 is discussed against the background of the international human rights instrument, the Convention on the Rights of the Child.

The development of the pattern of people's lives that are increasingly rapidly giving various positive or negative impacts from various perspectives. Free association without being based on the order of science and morals will cause damage to the order of life without looking at the prevailing norms. Free relationship or free sex is becoming an increasingly free lifestyle among teenagers or the community, of course this has an impact on the occurrence of unwanted pregnancies which in the end takes an action to have an abortion or abort the fetus in the womb. Abortion is an act that is prohibited in various laws in Indonesia and threatens with strict sanctions from the act of aborting the fetus. There are two legal regulations that both prohibit abortion, the first is in Law No. 36 of 2009 concerning Health and the second is contained in Law No. 35 of 2014 concerning Child Protection. Even though these two laws do not have the same name, they have a purpose and carry the same mission and threat of criminal sanctions as seen in the articles of the two laws that regulate. Two different views (dualism) contained in the law provide guidance later in applying criminal acts to abortionists. There are several things that are allowed in this abortion ban, namely an indication of a medical emergency if it is dangerous for the pregnant mother and the second is a victim of rape. The determination of the prohibition of abortion as under the legal umbrella of the two regulations provides evidence that the existence of this life is guaranteed and protected by the state.Perkembangan pola kehidupan masyarakat yang semakin cepat memberikan berbagai dampak positif ataupun negatif dari berbagai sudut pandang. Pergaulan bebas tanpa dilandasi dengan tatanan ilmu dan moral akan menjadi menjadikan rusaknya tatanan kehidupan tanpa melihat lagi norma-norma yang berlaku. Hubungan bebas atau free sex menjadi gaya hidup yang semakin bebas dikalangan remaja ataupun masyarakat, tentu hal ini memberikan imbas akibat terjadinya kehamilan yang tidak dikehendaki dimana pada akhirnya mengambil sebuah tindakan untuk melakukan aborsi atau mengugurkan janin yang ada dalam kandungan. Aborsi merupakan perbuatan dilarang dalam berbagai perundang-undangan yang ada di Indonesia serta mengancam dengan sanksi yang tegas dari tindakan pengguguran janin tersebut. Ada dua regulasi undang-undang yang keduanya sama-sama melarang tindakan aborsi ini, pertama terdapat pada Undang-Undang No 36 Tahun 2009 Tentang Kesehatan dan yang kedua terdapat pada Undang-Undag No 35 Tahun 2014 Tetang Perlindungan Anak. Sekalipun kedua undang-undang ini tidak memiliki nama yang sama akan tetapi mempunyai tujuan dan membawa misi serta ancaman penjatuhan sanksi pidana yang sama seperti terlihat dalam pasal-pasal kedua undang-undang tersebut mengatur. Dua pandangan (dualisme) berbeda yang terdpat dalam undang-undang memberikan petunjuk nantinya dalam menerapkan perbuatan tindak pidana pada pelaku aborsi. Ada beberapa hal yang diperbolehkan dalam larangan aborsi ini yakni indikasi kedaruratan medis apabila membahayakan bagi ibu yang mengandung dan kedua merupakan korban pemerkosaan. Penentuan larangan aborsi sebagaimana di payung hukumi kedua regulasi tersebut memberikan bukti bahwa adanya kehidupan ini dijamin serta di lindungi oleh negara.

On the basis of the analysis of criminal and legal literature, certain provisions of the Criminal Code of Ukraine and court practice of their application, the author has determined that the description of special features of the crime’s subject through the construction of “in connection with the performance of official duties” used by the legislator in the disposition of the Art. 330 of the Criminal Code of Ukraine indicates the identity of the subject to the category of officials. At the same time, taking into account the dualism of criminal and legal approaches to the definition of the term of “an official” in the descriptions of a victim and the crime’s subject, the author has emphasized on the application of the more narrow concept laid down in Part 3 of the Art. 18 of the Criminal Code of Ukraine and the Resolution of the Plenum of the Supreme Court of Ukraine dated from April 26, 2002 No. 5 “On judicial practice in cases of bribery”. As a result, the author has come to the conclusion that a special subject of the crime under the Art. 330 of the Criminal Code of Ukraine may be officers of the departments of the National Police of Ukraine, the State Investigation Bureau, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the State Border Guard Service of Ukraine, the Office of State Security, the State Fiscal Service of Ukraine, the State Penal Service of Ukraine, the Ministry of Defense of Ukraine, the President of Ukraine, officials of the President’s Administration of Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, National Security and Defense Council of Ukraine, Supreme High Command General Headquarters of Ukraine, the Ministry of Defense of Ukraine, the General Staff of Armed Forces of Ukraine, the unions, military units and units of the Armed Forces of Ukraine, the State Special Transport Service, the State Service for Special Communications and Information Protection of Ukraine, the National Guard of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, regional, district, city and district in the cities, state administrations and local self-government agencies, as well as officials of enterprises, institutions and organizations that carry out state defense orders, conduct research and perform development in the defense area, etc.

This paper discusses the problem of ineffective procedures in resolving rights for victims of human trafficking resulting from dualism in its resolution. Although there is the provision of restitution for trafficking victims in Law Number 21 of 2007 concerning the Eradication of Trafficking in Person (TPPO), in the process of granting restitution it encountered some obstacles. The provision of compensation, in general, is also regulated in the Criminal Procedure Code (KUHAP), in which it provides more certain legal aspects for trafficking victims, even though there are also some obstacles when associated with human trafficking cases. The purpose of this paper is to evaluate the restitution for human trafficking victims to provide legal certainty and justice. Keyword: restitution, trafficking Abstrak Paper ini membahas mengenai adanya permasalahan ketidak efektifan dalam prosedur penyelesaian hak restitusi bagi korban tindak pidana perdagangan manusia (trafficking) yang diakibatkan adanya dualisme dalam penyelesaiannya. Meskipun sudah ada ketentuan pemberian restitusi bagi korban trafficking sebagaimana yang terdapat dalam Undang-Undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang (TPPO), namun dalam proses pemberian restitusi berdasarkan ketentuan undang-undang ini masih banyak menimbulkan kendala. Sementara ketentuan pemberian ganti rugi secara umum juga diatur dalam Kitab Undang-Undang Hukum Acara Pidana (KUHAP) dan ketentuan ini lebih memberikan aspek kepastian hukum bagi korban trafficking, sekalipun juga ada beberapa kendala jika dikaitkan dengan kasus trafficking yang terjadi selama ini. Tujuan dari tulisan ini adalah menciptakan kepastian hukum dan keadilan dalam hal pemberian restitusi bagi korban kasus trafficking. Kata kunci: restitusi, tindak pidana perdagangan manusia.

This thesis examines theoretical and popular ways of knowing the prostitute and the client. Its purpose is to intervene in contemporary ways of knowing and articulate a more consistent feminist stance on prostitution. Currently, the prostitute is known predominantly through the discourse of psychology whilst the client is known through the discourse of sexology. She is deviant and he is normal. She is a victim and he is an agent. The issue of inconsistency in the feminist stance on prostitution is related to the recognition that these dualisms figure in the way in which all knowledge of the client and the prostitute is organised. Within feminist theory the prostitute is known through the dualism of victim and agent whilst the client is known through the sex/gender distinction. The former perpetuates certain ways of knowing the prostitute that cannot embrace the complexity and ambivalence of prostitution for women. If she is a victim she is only passive and exploited. If she is an agent she is both active and free. Utilising the latter allows the client to escape scrutiny. This thesis will argue that this is for two reasons. Firstly, because feminists have tended to support the idea of the prostitute as agent within the victim/agent dichotomy. Within such a way of knowing, any critique of the client became a critique of the livelihood of the prostitute, and is best avoided. Secondly, because feminists tend to work within the sex/gender distinction and its associated dualisms of mind and body, nature and culture. As such, they tend to perpetuate, rather than challenge, the sexological relationship between the sexual and the social. In both analyses, the sexual urge is ultimately natural, albeit modified by society. Analyses that argue for the social constitution of sexuality (rather than simply its social construction) still perpetuate the sex/gender distinction by claiming the validity of the mind/body dualism for their analyse. This thesis will argue that these dualisms structure an impossible choice for feminists and help to position them within the divisive prostitution debate. In a political climate that perpetuates only two ways of knowing prostitution, to critique prostitution is to be anti-sex, moralising, prudish and conservative. In contrast, to support prostitution is hailed as pro-sex, pro-women and pro-choice. Within this dichotomising of the political issue, feminists gain either conservative or libertarian allies. Within such a political climate, a consistent feminist position is lost. In order to counter this political and theoretical inconsistency, this thesis argues for a connection between the dualisms through the organisation of modern liberal democracies. To know the prostitute through the victim/agent dichotomy and the client through the sex/gender distinction (and associated dualisms of mind and body, nature and culture) is also to call upon the public/private split as their organising feature. The public/private split gives meaning to the dualisms of victim and agent, sex and gender, mind and body, through its role in the perpetuation of associations between victim, body, sex, private and women, and between agent, gender, mind, public and men. This thesis will argue that these dualisms are not useful for explaining the ambivalent and contradictory status of prostitution as both work and sex, public and private, rational and irrational, embodied and disembodied, sexual and social. However, not only does prostitution challenge the explanatory value of these dualisms, but the experience of prostitution for the prostitute and the client both subverts and inverts these dualisms. The usual configuration of the dualisms public/private, worker/consumer, male/female, mind/body, rationality/irrationality, are public, worker, male, mind, rationality, in contrast to private, consumer, female, body, irrationality. The prostitute is positioned in and through modern liberal democracies as embodied, but claims the status of worker through her experience of disembodiment. The client is positioned in and through modern liberal democracies as disembodied, and continues this proprietorial relationship with his body during the prostitution contract. She becomes the embodied worker and he becomes the disembodied sex partner. This further demonstrates the inability of a dualistic conception of prostitution to take into account the ambivalent and contradictory status of the prostitute and the client. Whilst this thesis will suggest that such an ambivalent status is to be found in all relations between men and women in modern liberal democracies, it will also propose the political implications of this theoretical reconfiguration for the feminist position on prostitution.

This thesis examines theoretical and popular ways of knowing the prostitute and the client. Its purpose is to intervene in contemporary ways of knowing and articulate a more consistent feminist stance on prostitution. Currently, the prostitute is known predominantly through the discourse of psychology whilst the client is known through the discourse of sexology. She is deviant and he is normal. She is a victim and he is an agent. The issue of inconsistency in the feminist stance on prostitution is related to the recognition that these dualisms figure in the way in which all knowledge of the client and the prostitute is organised. Within feminist theory the prostitute is known through the dualism of victim and agent whilst the client is known through the sex/gender distinction. The former perpetuates certain ways of knowing the prostitute that cannot embrace the complexity and ambivalence of prostitution for women. If she is a victim she is only passive and exploited. If she is an agent she is both active and free. Utilising the latter allows the client to escape scrutiny. This thesis will argue that this is for two reasons. Firstly, because feminists have tended to support the idea of the prostitute as agent within the victim/agent dichotomy. Within such a way of knowing, any critique of the client became a critique of the livelihood of the prostitute, and is best avoided. Secondly, because feminists tend to work within the sex/gender distinction and its associated dualisms of mind and body, nature and culture. As such, they tend to perpetuate, rather than challenge, the sexological relationship between the sexual and the social. In both analyses, the sexual urge is ultimately natural, albeit modified by society. Analyses that argue for the social constitution of sexuality (rather than simply its social construction) still perpetuate the sex/gender distinction by claiming the validity of the mind/body dualism for their analyse. This thesis will argue that these dualisms structure an impossible choice for feminists and help to position them within the divisive prostitution debate. In a political climate that perpetuates only two ways of knowing prostitution, to critique prostitution is to be anti-sex, moralising, prudish and conservative. In contrast, to support prostitution is hailed as pro-sex, pro-women and pro-choice. Within this dichotomising of the political issue, feminists gain either conservative or libertarian allies. Within such a political climate, a consistent feminist position is lost. In order to counter this political and theoretical inconsistency, this thesis argues for a connection between the dualisms through the organisation of modern liberal democracies. To know the prostitute through the victim/agent dichotomy and the client through the sex/gender distinction (and associated dualisms of mind and body, nature and culture) is also to call upon the public/private split as their organising feature. The public/private split gives meaning to the dualisms of victim and agent, sex and gender, mind and body, through its role in the perpetuation of associations between victim, body, sex, private and women, and between agent, gender, mind, public and men. This thesis will argue that these dualisms are not useful for explaining the ambivalent and contradictory status of prostitution as both work and sex, public and private, rational and irrational, embodied and disembodied, sexual and social. However, not only does prostitution challenge the explanatory value of these dualisms, but the experience of prostitution for the prostitute and the client both subverts and inverts these dualisms. The usual configuration of the dualisms public/private, worker/consumer, male/female, mind/body, rationality/irrationality, are public, worker, male, mind, rationality, in contrast to private, consumer, female, body, irrationality. The prostitute is positioned in and through modern liberal democracies as embodied, but claims the status of worker through her experience of disembodiment. The client is positioned in and through modern liberal democracies as disembodied, and continues this proprietorial relationship with his body during the prostitution contract. She becomes the embodied worker and he becomes the disembodied sex partner. This further demonstrates the inability of a dualistic conception of prostitution to take into account the ambivalent and contradictory status of the prostitute and the client. Whilst this thesis will suggest that such an ambivalent status is to be found in all relations between men and women in modern liberal democracies, it will also propose the political implications of this theoretical reconfiguration for the feminist position on prostitution.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Cultural and Historical Studies
Full Text

The right of child victims of armed conflict to recovery and reintegration in essence is a particular exposition of the public law relationship. In this study reference is made to the theory of public subjective rights as it applies in German law to explain the relationship. Shortcomings in the theory are identified after which aspects of the Reformed Tradition are discussed to come to sound solutions. An effort is made to establish a theoretical framework in terms of which the relationship can be explained comprehensively. The conclusion is reached that particular status aspects of child victims are activated in their relationship with the State. It is only in terms of the negative and positive status aspects (which relate to the juridical destination of the State) that child victims may demand negative or positive State conduct in their favour.
Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2011

Chapter 9 examines how Anglican Irish Gothic seeks a middle way between Catholic theology of the mass and Calvinist limited atonement. Sacrifice is a key theme from the beginning in Maturin, and is used in the political fiction to point up the tragic nature of nationalist endeavours. It becomes the episteme through which he offers a version of an Enlightenment universal religious history in Melmoth the Wanderer. The novel, like Maturin’s sermons, offers a critique of modes of sacrificial substitution, whereby an innocent is made the scapegoat as in the Day of Atonement ritual as victim or as bearer of sins outside the community. Girard’s account of mimetic contagion and scapegoating is discerned as Melmoth tempts protagonists to take on this role. Acceptance of duality and the revelation of the scapegoating mechanism saves Melmoth’s victims, who form a quasi-ecclesial body of witnesses to his acts and resist by their exchanges of mutual self-giving.

John Hughlings Jackson (1835–1911) was a preeminent British neurologist in the nineteenth and early twentieth centuries. He began to establish that standing in the 1860s, when he incorporated the evolutionary association psychology of Herbert Spencer into his early analyses of aphasia. Jackson also benefitted from his early connection with the National Hospital, Queen Square, London. His nuanced theory of cerebral localization was derived from (1) his clinical observations of (what Charcot later called) Jacksonian epilepsy, in combination with (2) his innovation to think about neurophysiological events at the cellular level, as well as from (3) David Ferrier’s primate localization data. The result was our modern conception of the seizure focus, which was crucial to the beginnings of modern ‘brain surgery’, especially at the hands of Victor Horsley. Jackson’s influence on the neurophysiology of Charles Sherrington is widely acknowledged but poorly defined. In the larger Victorian culture, Jackson was a friend of George Henry Lewes, who was George Eliot’s companion. Lewes attributed ‘sensibility’ to everything in the nervous system, thus maintaining a monist position on the mind-body relation, whereas Jackson maintained a form of psycho-physical parallelism that was actually dualist (‘Concomitance’). Throughout his life Jackson had an interest in insanity, which he viewed from the point of view of Spencerian evolution and dissolution. The latter was an important component of Freud’s psychoanalysis, which Freud took from Jackson. Late in his life Jackson defined the ‘uncinate group of fits’, which was his version of temporal lobe epilepsy.

AbstractWhile on the international plane Germany has as strong a position as one could wish for, a second appeal to the ICJ does not seem advisable. Though not formally estopped from challenging Sentenza 238/2014, Germany would at least face a principled contradiction (Wertungswiderspruch). Like Italy, Germany takes the position that international obligations must be disregarded should they be found incompatible with fundamental rights enshrined in the national constitution. Concerning the underlying conflict, another formally strong German position proves to have inherent shortcomings. To argue that, as far as Italian citizens are concerned, all matters of compensation had been dealt with comprehensively in the German–Italian lump sum agreement of 1961 carries some conviction. However, the limitations of that agreement, the erosion of the individual’s strict mediatisation in international law, and recent German compensation schemes for other victims of World War II (WWII) have fuelled a growing discontent with this final settlement. Having been doubly denied recognition as victims by the injustices of non-retroactivity and of differentiation, the Italian WWII victims ‘in oblivion’ have pursued compensation claims for over a decade now. It would go too far to argue an individual claim for financial compensation under international law for historic wrongs. The principle of intertemporal law, however, has its merits as well as its defects. This chapter argues in favour of mildly piercing the veil of intertemporality by reliance on fundamental ethical principles as part of the law in force already at the time of the original violation. A breach in this kind of obligation should give rise to an obligatio de negotiando under the principle of just satisfaction. Such a legal construction takes up the idea that in most of the recent cases of ‘history taken to court’, compensation is but a secondary aim, the primary aim being to ‘tell one’s own story’ as a counter-narrative to hegemonic discourse. By entering into negotiations with the victims ‘in oblivion’, Germany—and Italy—could and should attempt to finally solve what has been and remains a fundamentally unjust situation.

Since time immemorial, the legal systems of Great Britain have often been spoken of highly as pinnacles of democracy. However, the split between criminal law and tort law have often caused problems where the police has often focused on the prosecution of people in poverty and where only the wealthy can afford to use the system. This chapter discusses the extent and limitations of existing measures to tackle computer-related crime, particularly with regards to the abusive kind of Internet Trolling, namely “flame trolling.” The chapter recommends further research to establish whether it should be the case that in a society based on dualism that criminal and civil cases should be held at the same time, and that in both instances those being accused of an offence or tort should be allowed to bring a counter-claim. It is discussed that in such a system the cases that would be brought are where there is a clear victim who had no part in the offence against them, such as murder, rape, theft and burglary, which are usually carefully planned and orchestrated acts.

This chapter assesses the role of victims and offenders in criminal cases. The victim is invisible in the definition of crime but omnipresent in the prosecution and sentencing of offenders. In the international legal order, in particular, the victim is front and center, both in the International Criminal Court (ICC) and in lawsuits under the Alien Torts Claim Act. Crime is typically defined by the actions of the offender, and the victim is an incidental consequence. There are many victimless crimes, such as those in the sexual and reproductive arena, which in the United States at least are no longer subject to prosecution on constitutional grounds. The argument for decriminalization is the privacy of the offender, but privacy of the victim can, paradoxically, become an argument for criminalization under the right to a private life codified in the European Convention on Human Rights. The chapter also looks at the duality of victimhood.

This chapter reflects on Contributors’ experiences and major themes discussed in the book. It highlights the need for sex worker control over sex industries and the hypocrisy in how we treat people who trade sex. No other contemporary population of marginalised, poor (mostly women) in the UK context are prevented from defining harm and speaking their situations in order to influence policies. Blocking sex workers from the chance to educate the community, politicians, police and the policymakers about what it will take to expand choice and increase safety and security for their populations is unethical. This chapter presents the argument that active sex workers must be meaningfully involved in interventions that are meant to improve their lives and that in fact, we do not treat sex workers as we do other victims. Many choose to cleave to notions of sex workers as sinners and deviant fallen women without explicitly admitting to this. As a consequence, sex workers receive conditional social and legal protections if they declare sex work as inherently violent and accept rescue. The chapter appeals to the better angels of our nature, in a call to transcend polarising ideologies and exclusionary practices, to respect the self-definitions, analyses, priorities of adults in sex industries, and work together with them to end exploitation and violence against sex workers

For the quantifiably settled populations of humanity, the ambiguity of the wanderer of roads has long been a source of anxiety and an idea which has seeded many a narrative. This uncertainty is made all the more indefinite by death, and for many centuries it was a commonly accepted fact that the spirits of criminals, suicides, and murder victims walked the earth. For de Certeau, ‘to walk is to lack a place’ and so the wanderer may be perceived to embody the very concept of space. Their appearance is an alarming sign that the powers of the status quo are out of joint. In fact their relationship with the more static population is reciprocal, and the god of the roads needs the settled for his travelling to mean much. Besides its long association with the containment of wanderers, including the gods of the roads, the crossroads has other functions too as a popular locus for demonic restlessness and a desire for direction which goes beyond mere metaphor. This chapter looks at early modern texts that place the wanderer on the road and suggests that they share a duality with the nature of crossroads which includes both attraction and repulsion.

In 1924, Prince Louis-Victor de Broglie proposed the “wave-particle duality of matter”, after which Erwin Schrödinger treated electrons in atoms as confined waves that set up certain allowed wave patterns with corresponding energies described by “quantum numbers”. His wave equation, one of the most important in atomic history, is prominently inscribed above his grave in the picturesque Austrian town of Alpbach and below his bust at the Arcades of the University of Vienna. The story of the “erotic outburst” that produced it is truly unique and one that travelers will revel in recalling when they visit Schrödinger sites. The role of probability and uncertainty in the interpretation of Schrödinger's “wave mechanics”, Heisenberg's “matrix mechanics” and Dirac's relativistic quantum mechanics is discussed in sufficient detail that travelers can begin to appreciate how they are incorporated into modern atomic theory. The nature of atomic orbitals as depictions of the probability of finding electrons in atoms is succinctly explained. Stories about Schrödinger's cat, Dirac's personality, Heisenberg's retreat to the North Seas island Helgoland where he invented “matrix mechanics”, and the enigmatic equation on Max Born's tombstone all contribute to the fun and adventure of traveling with the atom.

If killing a single person is considered as a major crime that forbidden by Sharia and law at the international level and at the level of all religions and divine legislation, so what about the concept of genocide!! Here, not just an individual with a weak influence on society is killed, but thousands of individuals, that means an entire nation, a future, energy and human and intellectual capabilities that can tip the scales, and on the other hand, broken and half-dead hearts are left behind from the horrific scenes of killing they witnessed before their eyes, moreover, the massacres of genocide continues to excrete its remnants and consequences for long years and for successive generations, and it may generate grudges of revenge among generations that did not receive the adequate awareness and psychological support which are necessary to rehabilitate these generations to benefit from the tragedies and bitter experiences of life to turn them into lessons and incentives to achieve progress and advancement. Genocide is a deadly poison whose toxic effect extends from generations to others unless it is wisely controlled. Here the role of the international community and its legal, legislative and humanitarian stance from these crimes is so important and supportive. Genocide can be occurred on two levels: external and internal. As for genocide on the external level: this is what happened at the hands of foreign powers against a certain people for colonial and expansionist goals in favor of the occupier or usurper. There are many examples throughout history, such as the Ottoman and British occupations...etc Whereas genocide at the internal level, can be defined as the repressive actions that governments practice against their own people for goals that could be extremist, racist or dictatorial, such as t ""Al-Anfal"" massacre in 1988 carried out by the previous regime against the Kurds in the Kurdistan region. The number of victims amounted at one hundred thousand martyrs, most of them were innocent and unarmed people from children, women and the elderly, and also the genocide which was practiced against of the organizers of Al-Shaibania Revolution in 1991 was another example of genocide in the internal level. It is possible to deduce a third level between the external and internal levels, which is the genocide that is done at the hands of internal elements from the people of the country, but in implementation of external agendas, for example, the scenes of organized and systematic sectarian killing that we witnessed daily during (2007) and (2008), followed by dozens of bloody explosions in various regions throughout the capital, which unfortunately was practiced by the people of the country who were misguided elements in order to destabilize the security of the country and we did not know until this moment in favor of which external party!! In the three aforementioned cases, nothing can justify the act of killing or genocide, but in my personal opinion, I see that genocide at the hands of foreign forces is less drastic effects than the genocides that done at the hands of internal forces that kill their own people to impose their control and to defense their survival, from the perspective of ""the survival for the strongest, the most criminal and the most dictatorial. The matter which actually dragged the country into the abyss and the ages of darkness and ignorance. As for the foreign occupier, he remains an occupier, and it is so natural for him to be resentful and spiteful and to keep moving with the bragging theory of that (the end justifies the means) and usurping lands illegally, but perhaps recently the occupier has begun to exploit loopholes in international laws and try to gain the support of the international community and international organizations to prove the legitimacy of what has no legitimacy, in the end to achieve goals which pour into the interest of the occupiers' country and from the principle of building the happiness and well-being of the occupiers' people at the expense of the misery and injustice of other peoples!! This remains absolutely dehumanizing societal crime, but at least it has a positive side, which is maximizing economic resources and thus achieving the welfare of a people at the expense of seizing the wealth of the occupied country. This remains the goal of the occupier since the beginning of creation to this day, but today the occupation associated with the horrific and systematic killing has begun to take a new template by framing the ugliness of the crime with humanitarian goals and the worst, to exploit religion to cover their criminal acts. A good example of this is the genocide that took place at the hands of the terrorist organization ISIS, that contradictory organization who adopted the religion which forbids killing and considers it as one of the greatest sins as a means to practice the most heinous types of killing that contemporary history has witnessed!! The ""Spiker"" and ""Sinjar"" massacres in 2014 are the best evidence of this duality in the ideology of this terrorist organization. We may note that the more we advance in time, the more justification for the crimes of murder and genocide increases. For example, we all know the first crimes of genocide represented by the fall of Baghdad at the hands of the Mongol leader ""Hulagu"" in 1258. At that time, the crimes of genocide did not need justification, as they were practiced openly and insolently for subversive, barbaric and criminal goals!! The question here imposes itself: why were the crimes of genocide in the past practiced openly and publicly without need to justify the ugliness of the act? And over time, the crimes of genocide began to be framed by pretexts to legitimize what is prohibited, and to permit what is forbidden!! Or to clothe brutality and barbarism in the patchwork quilt of humanity?? And with this question, crossed my mind the following ""Aya"" from the Glorious Quran (and do not kill the soul that God has forbidden except in the right) , this an explicit ""Aya"" that prohibits killing and permits it only in the right, through the use of the exception tool (except) that permits what coming after it . But the"" right"" that God describes in the glorious Quran has been translated by the human tongues into many forms and faces of falsehood!! Anyway, expect the answer of this controversial question within the results of this study. This study will discuss the axis of (ideologies of various types and genocide), as we will analyze excerpts from the speeches of the former regime that were announced on the local media after each act of genocide or purification, as the former regime described at that time, but the difference in this study is that the analysis will be according to a scientific and thoughtful approach which is far from the personal ideology of the researcher. The analysis will be based on a model proposed by the contemporary Dutch scientist ""Teun A. Van Dijk"". Born in 1943, ""Van Dijk"" is a distinguished scholar and teaching in major international universities. He has authored many approved books as curricula for teaching in the field of linguistics and political discourse analysis. In this study, Van Dijk's Model will be adopted to analyze political discourse ideologies according to forty-one criteria. The analysis process will be conducted in full transparency and credibility in accordance with these criteria without imposing the researcher's personal views. This study aims to shed light on the way of thinking that the dictatorial regimes adopt to impose their existence by force against the will of the people, which can be used to develop peoples' awareness to understand and analyze political statements in a scientific way away from the inherited ideologies imposed by customs, clan traditions, religion, doctrine and nationalism. With accurate scientific diagnosis, we put our hand on the wounds. So we can cure them and also remove the scars of these wounds. This is what we seek in this study, diagnosis and therefore suggesting the suitable treatment "