Academic literature on the topic 'Magistrature of influence'
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Journal articles on the topic "Magistrature of influence"
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Sukiasyan, Eduard. "Library magistrature. Its impact on the fate of library education in Russia." Scientific and Technical Libraries, no. 10 (October 1, 2017): 69–80. http://dx.doi.org/10.33186/1027-3689-2017-10-69-80.
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The author speaks about the influence of the Bologna Declaration principles on the fate of library education in Russia. The problems of education at the level of undergraduate, graduate and postgraduate courses, further training of practical librarians, and the additional education (obtaining a second diploma) have been consistently addressed. The current practice in Russia is compared with the training system in the United States. The experience of teaching Russian students in US library schools is analyzed, from the selection criteria to the evaluation of effectiveness. The conclusion is drawn: there is no connection between educational institutions and libraries. This should be handled by the Russian Library Association.
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Almasy, Rudolph P. "The “Public” of Richard Hooker’s Book 7 of the Laws: Stitching Together the Unjoined." Renaissance and Reformation 41, no. 1 (April 19, 2018): 131–62. http://dx.doi.org/10.33137/rr.v41i1.29523.
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This article begins with the notion that a text can create and influence a “public,” that is, a group of individuals with common values and aspirations. Richard Hooker’s Of the Laws of Ecclesiastical Polity (1594–1662) is the focus here; specifically, this article shows how book 7, which defends the prelacy, stitches together civil and ecclesiastical governors throughout the commonwealth in order to persuade this public not to embrace a Presbyterian ecclesiology and rid England of its bishops. Accordingly, Hooker’s text, composed with this public in mind, links together the nature and role of the civil and ecclesiastical by arguing that both are “of God,” by giving his public the intellectual skills to understand his defense of bishops, and by concentrating on public authority, public wisdom, and the public good which the magistrates must protect. Hooker’s goal is to encourage various estates to understand the threat to their power by the Presbyterian call for change. The hope is that the magisterial community, which runs the country and includes bishops, will consider the whole of the commonwealth and the value of the status quo before joining with the Presbyterians for change.
Cet article se penche sur l’idée qu’un texte peut créer et influencer un « public », c’est-àdire, un groupe d’individus ayant en commun des valeurs et des aspirations. On explore cette hypothèse plus particulièrement à travers l’oeuvre de Richard Hooker intitulée Of the Laws of Ecclesiastical Polity (1594–1662), et plus spécifiquement, en montrant comment le livre 7, qui défend la prélature, rassemble dirigeants civils et ecclésiastiques de la communauté afin de les dissuader d’adopter l’ecclésiologie presbytérienne ou de débarrasser l’Angleterre de ses évêques. Pour ce faire, le texte de Hooker, écrit avec ce public en tête, rapproche par la nature et par leur rôle le civil et l’ecclésiastique en avançant que les deux relèvent de Dieu, en fournissant à son public les connaissances intellectuelles nécessaires à la compréhension de sa défense des évêques, et en se concentrant sur l’autorité, la sagesse, et le bien commun publics que les magistrats doivent protéger. Le but visé par Hooker est d’encourager les diverses instances à comprendre la menace que constitue pour leur pouvoir l’appel presbytérien au changement. Il espère ainsi que toute la magistrature, qui dirige le pays et inclut les évêques, prendra en considération l’ensemble de la communauté et les mérites du statu quo avant de rejoindre les Presbytériens dans le mouvement pour le changement.
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McCORMICK, JOHN P. "Contain the Wealthy and Patrol the Magistrates: Restoring Elite Accountability to Popular Government." American Political Science Review 100, no. 2 (May 2006): 147–63. http://dx.doi.org/10.1017/s0003055406062071.
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Modern republics neglect to establish formal institutions that prevent wealthy citizens from exerting excessive political influence and they abandon extra-electoral techniques traditionally employed to keep office-holders accountable. Inspired by Guicciardini's and Machiavelli's reflections on the Roman, Venetian, and Florentine constitutions, this article highlights three forgotten practices that facilitate popular control ofbotheconomic and political elites: magistrate appointment procedures combining lottery and election, offices or assemblies excluding the wealthy from eligibility, and political trials enlisting the entire citizenry in prosecutions and appeals. I present a typology of regimes that evaluates the wealth containment potential of various magistrate selection methods, and propose a hypothetical reform supplying the U.S. Constitution with a “Tribunate” reminiscent of elite-accountability institutions in pre-eighteenth-century popular governments.
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Mulwa, A., M. Ngala, and L. Mugaa. "Technological Strategies and Performance of the Judicial Sector in Kenya: A Case of Nairobi City County." European Journal of Business and Strategic Management 8, no. 3 (November 8, 2023): 43–64. http://dx.doi.org/10.47604/ejbsm.2179.
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Purpose: Innovations and rapid diffusion of information and communication technologies in institutions are currently experiencing revolutionizing organizational processes. Globalization equally fuels the adoption of the ICT as the basis for digital operations are changing the way organizations operate. Studies on various countries’ courts show that the judicial efficiency affects a country ‘s entrepreneurial activities; this reduces as the level of inefficiency increases. Thus, the study sought to analyze the influence technological strategies on performance of judicial sector in Kenya. Specifically, the study proposed to determine the influence of technological sourcing; technology posture; technological culture change; technological capacity on the performance of the judicial sector in Kenya.
Methodology: By adopting descriptive research design, the study targeted all the five magistrate courts in Nairobi City County and purposively targeted nine offices per station, comprising (magistrate, court clerk, court accountant, court secretaries, court Archivist, HR and Administration officer, ICT officer, Procurement officer, and Library assistant, yielding a total of 45 sample size respondents for the study. Primary data was collected through structured questionnaires, which was piloted to ascertain its reliability and validity. Data was analyzed both descriptively as well as inferentially with the help of SPSS program (v.25.0) and MS Excel 10 softwares; and results presented using tables and charts for interpretation.
Findings: From the study results, all the technological strategies variable had a positive and significant relationship with performance of the judicial sector in Nairobi City County in Kenya.
Unique Contribution to Theory, Practice and Policy: The study was formed by the following theories: Transactional Cost, knowledge based; Stakeholders; Culture theory as well as the Task-technology fit theory. The study recommended that magistrate courts in Nairobi City County in Kenya should enhance their technological strategies since the strategies have been shown to bear a positive and significant effect on performance. The magistrate courts can achieve this through adopting advance technological orientations, especially where sourcing and culture of operations are concerned.
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Titarenko, V., and L. Yashchuk. "PHONETIC, ORTHOGRAPHIC AND MORPHOLOGICAL VARIATION OF PRIVILEGES TO KYIV CITY MAGISTRATE." MESSENGER of Kyiv National Linguistic University. Series Philology 25, no. 1 (August 26, 2022): 114–22. http://dx.doi.org/10.32589/2311-0821.1.2022.263125.
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The article analyzes variant spellings at the phonetic and graphic and morphological levels. Many variant spellings reflect various phonetic phenomena (reflexion of *ě, assimilation, dissimilation, simplification, softness / hardness of consonants, etc.) in the text and the formation of morphological norms (inflection of nominal parts of speech, verbs, etc.) of the Ukrainian language of the Old Ukrainian period.The subject of the linguistic analysis were the letters of the Kyiv Magistrate, issued to confirm the Magdeburg law of the city of Kyiv by the Polish rulers from 1544 to 1659. The collection, which is now in the Central State Historical Archive of Ukraine in Kyiv (Fond 62. Inventory 1. Unit 1), contains privileges copied for his own use by K. Krichevets in the first half of the 18th century. The signed privileges are in the Old Ukrainian language of the corresponding period, but some of them are translations from Latin and Polish. It remains unknown whether the owner of the collection copied from already translated documents or ordered the translation from A. Trotsina and M. Yakgelnytskyi, which were recorded as translators therein.Linguistic fluctuations are present in the forms of the same words and in different words, often different variant spellings occur side by side on the same page. Having studied the variety of parallel forms in the analyzed source, we singled out the reasons for their appearance: the lack of normalization of spelling features, in particular the transmission of individual sounds, the incompleteness of linguistic processes at that time in the language, the preservation of traditions and the influence of the living language element, the mutual influence of the phonetic and morphological systems of the Church Slavonic and Polish languages with Ukrainian.The note reveals the interaction of the systems of the named languages, which manifested itself in fluctuations in various reflections in writing - reflection of sonorous in the middle of a word, changes of sonorous at the beginning of a word, reflexes *dj, *tj, *gt / *kt, *je at the beginning of a word, variant endings in the declension of nouns, adjectives, verbs, etc.
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Didwania, Stephanie Holmes. "The Immediate Consequences of Federal Pretrial Detention." American Law and Economics Review 22, no. 1 (2020): 24–74. http://dx.doi.org/10.1093/aler/ahz012.
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Abstract Unlike the cash-bail regimes that are prevalent in state courts, federal courts rarely use money bail as a condition of pretrial release. Nonetheless, this article presents evidence that pretrial release influences case outcomes for federal defendants. Using case data spanning 71 federal district courts, the article suggests that pretrial release reduces a defendant’s sentence and increases the probability that they will receive a sentence below the recommended sentencing range. Pretrial release also appears to lessen the probability that a defendant will receive a mandatory minimum sentence when one is charged. The analysis exploits variation in magistrate judges’ propensities to release defendants pending trial, which allows magistrate judge leniency to serve as an instrumental variable for pretrial release. The article also provides suggestive evidence that pretrial release affects case outcomes through two channels: first, by giving defendants the opportunity to present mitigating evidence at sentencing and second, by making it easier for defendants to earn a sentencing reduction by providing assistance to the government.
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Omi. "Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment." Israel Law Review 31, no. 4 (1997): 754–802. http://dx.doi.org/10.1017/s0021223700015508.
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Ganimat v. The State of Israel (1995) 49(iv) P.D. 589.The appellant was indicted in the Jerusalem Magistrate Court for two incidents of car theft. His detention was requested on the grounds that he posed a “danger to society”. The Magistrate Court agreed to his arrest, holding that a custom has been established whereby custody may be justified in crimes which have become “a nationwide scourge”, including car theft. The District Court rejected the appeal. The appellant was granted permission to appeal the decision in the Supreme Court (decision of Dorner J. and Barak J.; Cheshin J. dissenting) and his conditional release was ordered. However, it was decided to hold Special Proceedings in order to discuss some of the important issues raised by the case. The principal constitutional question raised by the case was whether the Basic Law: Human Dignity and Liberty influences the interpretation of the existing law, in the present case, the law of arrest as regulated by the Law of Criminal Procedure.
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Cornes, Richard. "Pérdidas y ganancias en la traducción : el liderazgo del Tribunal Supremo del Reino Unido , parámetros y perspectivas = Gains (and dangers of losses) in translation : – the leadership function in the United Kingdom’s Supreme Court , parameters and prospects." Teoría y Realidad Constitucional, no. 31 (January 1, 2013): 169. http://dx.doi.org/10.5944/trc.31.2013.10306.
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El presente artículo analiza la función del liderazgo de las principales magistraturas judiciales del Reino Unido. Como el autor resalta, dicho liderazgo se proyecta sobre la gestión interna del tribunal, la influencia en la jurisprudencia del órgano y el papel que adoptan ciertas instancias en tanto que altos representantes del poder judicial.This articles analyses the leadership function of the main lead judges of the United Kingdom. As the author points out, this leadership reveals itself within the management of the Court itself, the influence in the case-law and in the role of some judges as statepersons.
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Rogalev, Aleksandr. "Russian judicial power and foreign subjects, natives of the border East Asian states, in the Far East of the Russian Empire (late XIX early - XX century)." Advances in Law Studies 12, no. 1 (March 26, 2024): 11–15. http://dx.doi.org/10.29039/2409-5087-2024-12-1-11-15.
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The article is devoted to the peculiarities of the implementation of Russian justice in respect of Chinese and Korean subjects in the Amur and Primorsky regions of the Russian state. It considers the solution of the issue of extraterritoriality of the Chinese subjects, the attempt of the local administration to establish control and gain sustainable influence over the traditional Chinese and Korean courts in, as well as the solution of the problem of jurisdiction of the Russian magistrate court over cases involving Chinese subjects living in the Zazeisky district of Amur region.
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ALVES, FERNANDO. "O ESTADO DE DIREITO ENTRE O ATIVISMO JUDICIAL E A VONTADE DE PODER: UMA CRÍTICA FILOSÓFICA À INFLUÊNCIA DECISIONISTA NA MAGISTRATURA, MEDIANTE UMA REFLEXÃO EM NIETZSCHE E SCHMITT." Revista Jurídica da UFERSA 2, no. 4 (January 4, 2019): 67–81. http://dx.doi.org/10.21708/issn2526-9488.v2.n4.p67-81.2018.
Full textDissertations / Theses on the topic "Magistrature of influence"
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Mouchette, Julien. "La magistrature d'influence des autorités administratives indépendantes." Electronic Thesis or Diss., Strasbourg, 2016. http://www.theses.fr/2016STRAA017.
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La magistrature d’influence des autorités administratives indépendantes est fréquemment décrite à travers diverses attributions de conseil, avis, proposition, recommandation ou contrôle, propres à conférer une fonction juridique et sociale importante. La mise en lumière des phénomènes de l’influence et de la persuasion à travers le statut, les pouvoirs et les fonctions des autorités administratives indépendantes, permet d’apporter une lecture nouvelle, tant de ces institutions que du renouvellement des pratiques de gouvernement. Cette étude met en évidence l’importance du caractère pluriel du pouvoir exercé par les autorités administratives indépendantes, ainsi que des limites des recherches invoquant la souplesse en droitThe “magistrature of influence” of the independent administrative authorities is usually associated with a set of attributes such as counsel, information, proposition, and recommendation. They would give significant legal and social functions to those State agencies. Focusing on the independent administrative authorities’ status, powers, and functions, reveal phenomena of influence and persuasion. It allows to rethink those institutions, as well as the renewal of government practices. This dissertation, by emphasizing on the plural forms of the independent administrative authorities’ power, cast doubt several research on the softness of Law
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Waits, Kristi Dawne. "Birth and the magistrate: The influence of pregnancy on judicial decisions." CSUSB ScholarWorks, 1998. https://scholarworks.lib.csusb.edu/etd-project/1500.
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As the number of pregnant defendents continues to grow, so too do the problems and concerns surrounding them. While literature can be found on related topics, the specific issue of pregnancy and judicial decisions has yet to be examined. The purpose of this particular research study is to heighten awareness of the issues surrounding the topic, and provide evidence indicating the influence, if any, pregnancy has on judicial decisions.
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Yung, Yang Shan, and 楊善淵. "A Case Study on the Influence of Local Political Faction to Election－15th Yunlin Magistrate Election." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/30775264949619378742.
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碩士國立臺灣師範大學
政治學研究所在職進修碩士班
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The KMT Party has long reined Yunlin by through its local political faction, and relies on its county mayor nomination rights as a tool to counter other parties, for the country magistrate position bears an inseparable tie to political dominance. County mayors of the past, backed by a wealth of administrative resources, tended to begin integrating and streamlining various prominent local politicians to form a faction of their own, which ranged from the earlier day‘s Lin Heng-sheng, Hsu Wen-zhe to Laio Chuan-yu, to the more recent Shu Wen-hsiung, Chang Rong-wei, all of whom invariably moved to set up a faction of their own upon taking office, suggesting how the country magistrate commanded a certain solidifying power and influence to the formation of local political faction. Yet following its authoritarian rule beginning to undergo transform, and as impacted by the political turnover, the KMT Party’s political and economic cloud had begun to lose its luster, no longer able to satisfy the needs of the local political faction, compelling the power of the local political faction supercede the political party. Not only was it not uncommon to see political defection or running for office without party sanction, but it also risked, in several occasions, of losing its political rein due to breakup in its political factions. As a result of which, at the mayoral election for the current term, the discord within the KMT Party had led to its handing out its political rein of the area to Shu Zhe-fen of the DDP Party, losing the Yunlin County district to the green camp for the first time. Gauging from the results of the mayoral election, the fundamental blueprint that the blue camp overpowering the green camp no longer held, and the KMT Party no longer commanded its edge in Yunline County. The results of the 2004 11th presidential election, the sixth legislator election, and the current mayoral election, in which the DPP had outperformed the KMT in the ballot count, would serve as a warning sign to the KMT Party, making the Yunlin County mayoral election a major setback to the KMT. The DPP had grappled the largest administrative system, would continue to solidify its administration foundation by streamlining the local political faction relying on its ample of administrative resources, and more local political faction were expected to join the DPP Party, a move that would trigger another round of power struggle between the blue and green camps and a reshuffle of the local political faction.
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Huang, Jlan-cao, and 黃見草. "The research of the influence on the local cliques to the election—Take the elections of Kaoshiung County magistrate as examples." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/22352293565652033301.
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碩士義守大學
管理學院碩士班
97
The local cliques rise and fall in Kaohsiung County can not escape from political power to alternate influence. Since Kuomintang had controlled the county government for 31 years, respectively flowed by red and white parties to govern, Yu Cheng Yue Ying won the 10th county magistrate throne, Kuomintang no longer controlled a county government to govern power. The cliques mobilized the energy to significantly cut and mobilized a strength personalization. The Democratic Progressive Party (DDP) then controlled the county government to predominate power for 27 years, and by accordingly belong to different factional class in the Yu house and Yang qiu xing the government, and also controlled the county government. Whether the Kuomintang or DPP, the cliques are involved local business, make personal benefits, and influences a budget allotment. This research was employed to visited factional elite, related leader of the realm opinion with the depth interview, the feature of thorough analysis county magistrate''s election. The purpose of the research is to find out how local cliques influence the elections, especially the magistrate elects in Kaohsiung county. This research adopts “content analysis" , "the history analysis" and "depth interview" methods, using three kinds of data to collect a square slightly, scenario, strategy and effects of the connection. It is expected to find out the networks, such as factional person''s vein and gold vein...etc., and investigated the election of Kaohsiung County magistrate by “organization network theories" and “resource dependence theories". The theories corroborates an actual situation, the theories of the actual situation substantial evidence, and through cultural heritage review, political arena interview, expect to untie Kaohsiung county magistrate''s election to help for campaign a system network, factional gratitude and grudge, and stake veil with mysterious feet, provide officialdom to consult and deliberate to county magistrate''s campaign. The conclusions of the research argue: the election of Kaohsiung County is due to the relationship between provincial faction in the parties benefits and resource-distribution, and it leads to the processing of election being difficult from getting rid of the leading scenes which is controlled by the faction and the force invasion of provincial faction. In general, there is a trusting relationship between provincial faction and foot network, which is tied to the outcome of election. The criterion of the nomination of each faction’s leaders is mainly related to his image on society, diploma or working experience, the style of deciding and performing his action, dominating ability of the density in the foot network, and his connection of the factions and the ability to control the votes. Political parties also make some assessment regard to candidates’ relationship with people and factions who has a priority in relationship with people, providing source of money, and has advantage on the election to a big opportunity of acquire the nomination. Political parties manage the faction network in the long run to boost their political condition, and through a common benefit, dealing in position, an inner money transaction to maintain the relationship with factions. You have to grab the whole supports of the party factions, therefore, you can be recommended and represented of the party to elect.
Books on the topic "Magistrature of influence"
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Remaud, Olivier. Michelet: La magistrature de l'histoire. Paris: Editions Michalon, 1998.
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Renaud, Olivier. Michelet la magistrature de l'histoire. Paris: Michalon, 1998.
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1964-, Antognazza Maria Rosa, and Hotson Howard, eds. Alsted and Leibniz: On God, the magistrate, and the millennium. Wiesbaden: Harrassowitz in Kommission, 1999.
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Julien, Rawson Claude, ed. Henry Fielding (1707-1754): Novelist, playwright, journalist, magistrate : a double anniversary tribute. University of Delaware Press: Newark, 2008.
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Remaud, Olivier. Michelet: La magistrature de l'histoire (Le bien commun). Editions Michalon, 1998.
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Barducci, Marco. State and Church. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754589.003.0005.
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Chapter 4 will examine the influence of Grotius’ ‘Erastianism’ (broadly defined here as the theory of the subordination of church and religion to the civil power)—expounded particularly in De Imperio and the Annotationes and based largely on a specific interpretation of the Jewish Sanhedrin as a court of civil justice—both on English monarchical and Episcopal writing from the Great Tew Circle to early Enlightenment, and in post-Restoration literature of Nonconformism, which invoked the power of the civil magistrate (in particular during the reign of Charles II) over church (as against Anglican uniformity) in support of toleration toward Presbyterian (Baxter) and congregated (Humfrey) churches. The chapter will also examine the (critical) reception of Grotius’ vision of the relation between civil power and religion, that is, the power of the magistrate to intervene on aspects related to theological aspects and cult.
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(Editor), Claude Rawson, and Claude Julien Rawson (Other Contributor), eds. Henry Fielding (1707-1754): Novelist, Playwright, Journalist, Magistrate a Double Anniversary Tribute. University of Delaware Press, 2008.
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Barducci, Marco. Contract, Allegiance, Protection. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754589.003.0002.
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Chapter 1 examines the way in which English authors used and interpreted Grotius as a source of absolutist doctrines. It posits two major reasons for the influence of Grotius’ arguments as they concerned the State’s stability and the total submission to sovereign authority. The first related to the repertoire of ideas he provided to his readers through his large output. The second aspect of Grotius’ success related to his capacity to concomitantly incorporate and convey a set of strands of thought about State order and political obligation that ranged from neo-Stoicism to Socinianism. Chapter 1 starts from the analysis of the political argument of the royalist members of the Great Tew Circle in the early 1640s, and it continues with the exploration of the debates concerning the origins and ends of the allegiance between subjects and the sovereign magistrate from the Civil Wars and Interregnum to the Glorious Revolution.
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Whyman, Susan E. Hutton and the Priestley Riots. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198797838.003.0008.
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Chapter 6 revisits the Priestley riots (1791) from the viewpoint of a victim, and finds causes concerning the wealth and power of rough diamonds. Birmingham’s print culture and attitudes to law also caused problems, as shown in hostility to Hutton’s role as a magistrate without legal training. Priestley’s influence on religious and political disputes is well known, but Hutton’s actions also triggered violence. His unpublished ‘Narrative of the Riots’ places him at the riots’ centre, and suggests an individual life can address larger questions. His story reveals unexpected self-education amidst industrialization, social mobility alongside poverty, and personal freedom amongst stark limits. The rags-to-riches tale of Hutton and Birmingham is widely admired. But the town’s fabled harmony was accompanied by conflict, and Hutton was never fully accepted. Despite his magnificent achievements, fear of the social mobility of rough diamonds persisted. Since he flaunted his ascent, no one could forget or forgive him. As he crossed the line between workers and masters, he sealed his own fate.
Book chapters on the topic "Magistrature of influence"
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Marique, Yseult. "Belgian Pluralism and Pragmatism." In Good Administration and the Council of Europe, 123–53. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198861539.003.0005.
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This chapter discusses the impact on Belgian administrative law of the pan-European principles of good administration from the Council of Europe (CoE). Although the Belgian legal order is rather receptive to European law the specific direct impact of the CoE on good administration is limited, with the exception of the constitutional provision enacting administrative transparency. This situation is due to three factors. First, Belgian administrative law first and foremost borrows concepts from its neighbours, France and the Netherlands. Secondly, the CoE´s influence is most often mediated by technical devices, such as the constitutional provisions relating to equality. Finally, some principles of good administration, such as linguistic rights, are politically sensitive, which highlights the formal limitation of the CoE’s influence on Belgian principles of good administration. Overall, the CoE acts as a ‘high magistrature’ influencing administrative, legislative and political actors, as long as these broadly agree with the CoE’s principles.
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Jackson, Robert H. "That Man As Politician." In That Man, 17–58. Oxford University PressNew York, NY, 2003. http://dx.doi.org/10.1093/oso/9780195168266.003.0003.
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Abstract The Chief Magistrate does not succeed merely by being magisterial. He will fail as President if he fails as politician. He is not merely the head of state. He is the head of the prevailing political party. The cohesive power of its loyalties and organization is an instrument of government. His office is a political office under the necessity of policymaking, which calls for leader ship. He occupies the office that represents the whole nation, not one state or district. If the President does not bring to it the elusive and variable qualities that add up to leadership, he loses much of the influence, if not the legal power, of his office. And in our system, influence on public opinion is the very substance of power. Roosevelt’s aptitude for political leadership had little chance to develop during his governorship, where he inherited a smoothly running and well organized state government. His capacity as a purely political leader also was obscured in the war period of his presidential administrations because the normal tendency to oppose and resist leadership falters in wartime. Hence the real political leader showed himself only between his accession to the Presidency and the outbreak of the war. But this was a longer period than most Presidents enjoy.
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Kekes, John. "Are Moral Values the Highest of All Values?" In Hard Questions, 264–92. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190919986.003.0011.
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Plutarch’s Cato was an ancient moralist who had no doubt about the priority of moral evaluations to whatever conflicted with them. Montaigne was a politically experienced magistrate, legislator, and mediator who knew from personal experience that moral, personal, political, and religious evaluations often conflict. Montaigne thought that there were circumstances in which moral evaluations should be reasonably overridden by non-moral evaluations. Cato denied it. Intransigence led Cato to undermine the Roman Republic he was morally committed to defend. Montaigne’s prudent counsel was a moderating influence in the civil war that raged in sixteenth-century France. The hard question is whether or not there are limits beyond which we could not reasonably go in overriding moral evaluations. The chapter compares how good were the reasons Cato and Montaigne gave for their conflicting answers to this hard question. That should lead us to consider how we in our circumstances should resolve conflicts between our own moral, personal, political, and religious evaluations. And we should be aware of the dangers of dogmatic moralizing that suppresses contrary personal, political, religious, and other evaluations.
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Vagenheim, Ginette. "Pirro Ligorio et « l’histoire secrète » de la restauration de l’Acqua Vergine sous le pontificat de Pie IV (1559-1565)." In Antichistica. Venice: Edizioni Ca' Foscari, 2019. http://dx.doi.org/10.30687/978-88-6969-386-1/015.
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After the catastrophic Tiber flood of 1557, hydraulic engineering projects became a major focus of urban reform in Rome during the 1560s. Massive public works were commissioned, namely the reconstruction of the acqueduct called Acqua Vergine. This project produced numerous discussions and writings by individuals, of both learned and practical backgrounds like the engineer Antonio Trevisi (d.1564), the jurist and Roman magistrate Luca Peto (1512-81) and the antiquarian Pirro Ligorio. In their writings, they proposed solutions influenced by their study of literary texts and investigations. The goal was to attract the prestigious patronage of pope Pius IV, in a context of conflicts due to the governance of Rome by the papacy and, on the other hand, the communal government. In 1560, Trevisi obtained the contract, but the project failed due to the difficulty of finding funds and to financial malpractice. Under pope Pius V, the repair resumed, and in 1570, the aqueduct was fully restored. Between Trevisi’s failure and the restoration of the Acqua Vergine, Ligorio’s contribution, preserved in his encyclopedia on ‘Roman antiquites’, lies completely overlooked. I propose to study it, showing some fundamental innovations put forward by the antiquarian in documenting through his drawings the restoration of the Acqua Vergine.
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Coelho, Milena Santos, and Pedro Henrique Gonçalves Silva. "How Case Management Effectively Assures the Procedural Promptness Predicted in the Brazilian Civil Code." In Fronteiras de acesso à Justiça: Processo e Meios Alternativos na Democracia no Século XXI, 147–62. JUS.XXI, 2022. http://dx.doi.org/10.51389/qkhj4386.
Full textAbstract:
The Brazilian Judicial Branch is known as slow and with a disparity between the filed procedures and those resolved. The so-called “verdict culture” contributes to an overload of litigation in Brazil, along with the disorganization and excessive bureaucracy. Case management acts to make the procedure more effetive, by giving more participation to the jugdes, looking for effective social pacification, also eliminating or reducing the unecessary procedures, and promoting conciliation, mediation and arbitration of conflicts. It is analysed if the procedure's length is a factor to be considered when the goal is social pacificaction through the feeling of justice other than giving up due to tiredness and hopelessness in the resolution of demands. It is identified two advantages in the slowness of the procedure to the mean-spirited: the temporally economic, once it has its solvency obligation term extended; and socially economic, once the maintenance of a lawsuit is costly to the parties, and the economically weaker party will tend not to be able to afford such costs and be pressured to give up the lawsuit. Through qualitative research of bibliographic review to legal scholars and statistical data from the Brazilian National Council of Justice, the current state of judicial slowness is analyzed and evaluated how the proposal of case management can assist in relieving the demands, implement the constitutional principle of procedural promptness and begin the transition from the "culture of the sentence" to the "culture of pacification". From this, we conclude that proactivity based on case management by the magistrate who acts directly to encourage alternative means of conflict resolution, identifying and restricting delaying attitudes by the parties and himself helps create a favorable and pedagogical environment that influences and motivates a commitment to be assumed by the parties. The proposal of case management, therefore, is to go beyond the rules, seeking to cultivate attitudes and customs that enable the opening of a new phase for Brazilian Law: the culture of pacification. Keywords: civil procedure; case management; constitutional principle of procedural promptness.