Se connecter

Bibliographies thématiques / Proviso / Articles de revues

Articles de revues sur le sujet « Proviso »

Pour voir les autres types de publications sur ce sujet consultez le lien suivant : Proviso.

Auteur : Grafiati

Publié le 11 mars 2023

Créez une référence correcte selon les styles APA, MLA, Chicago, Harvard et plusieurs autres

Choisissez une source :

Consultez les 50 meilleurs articles de revues pour votre recherche sur le sujet « Proviso ».

À côté de chaque source dans la liste de références il y a un bouton « Ajouter à la bibliographie ». Cliquez sur ce bouton, et nous générerons automatiquement la référence bibliographique pour la source choisie selon votre style de citation préféré : APA, MLA, Harvard, Vancouver, Chicago, etc.

Vous pouvez aussi télécharger le texte intégral de la publication scolaire au format pdf et consulter son résumé en ligne lorsque ces informations sont inclues dans les métadonnées.

Parcourez les articles de revues sur diverses disciplines et organisez correctement votre bibliographie.

1

Block, Walter E. « Forestalling, Positive Obligations and the Lockean and Blockian Provisos : Rejoinder to Stephan Kinsella ». Ekonomia 22, n^o 3 (21 novembre 2016) : 27–41. http://dx.doi.org/10.19195/2084-4093.22.3.2.

Texte intégral

Résumé :

Forestalling, Positive Obligations and the Lockean and Blockian Provisos: Rejoinder to Stephan KinsellaThe Blockian proviso mandates that no one precludes or forestalls anyone else in their land homesteading patterns such that they prevent them from homesteading virgin encircled land. Kinsella 2007, 2009A takes issue with this position and likens it to the properly denigrated Lockean proviso. The present paper is an attempt to distinguish the two provisos one from the other, and defend the former from Kinsella’s critiques.

Styles APA, Harvard, Vancouver, ISO, etc.

2

Rodgers, Lamont. « The role of nature in the self-ownership proviso ». ethic@ - An international Journal for Moral Philosophy 20, n^o 1 (30 avril 2021) : 326–43. http://dx.doi.org/10.5007/1677-2954.2021.e78304.

Texte intégral

Résumé :

Eric Mack defends a version of John Locke’s proviso. Mack applies his proviso to original appropriations, uses, and systems of private property. His proviso precludes severely disabling the world-interactive powers of others. Mack specifically warns against using concrete features of the natural world as a baseline for determine whether the proviso has been violated. While his proviso is plausible, I argue that he cannot. eschew employing the receptivity of the natural, unowned world to the extent that he suggests. We cannot determine whether one’s powers are disabled or diminished without knowing how receptive the world would be to those powers had a system of private property not arisen. The upshot of this paper is that the requirements of a well-formulated proviso is an empirical matter.

Styles APA, Harvard, Vancouver, ISO, etc.

3

Bornschein, Peter. « The self-ownership proviso ». Politics, Philosophy & ; Economics 17, n^o 4 (15 mars 2018) : 339–55. http://dx.doi.org/10.1177/1470594x18762256.

Texte intégral

Résumé :

Recently, Eric Mack, Edward Feser, and Daniel Russell have argued that self-ownership justifies a constraint on the use of property such that an owner’s use of property may not severely negate the ability of others to interact with the world. Mack has labeled this constraint the self-ownership proviso. Adopting this proviso promises right-libertarians a way of avoiding the extreme implications of a no-proviso view, while maintaining a consistent and cohesive position (in contrast, arguably, to Nozick’s understanding and endorsement of Locke’s proviso). Nevertheless, I argue that self-ownership cannot ground the constraint on property use that Mack, Feser, and Russell think that it can.

Styles APA, Harvard, Vancouver, ISO, etc.

4

Varden, Helga. « The Lockean ‘Enough-and-as-Good’ Proviso : An Internal Critique ». Journal of Moral Philosophy 9, n^o 3 (2012) : 410–42. http://dx.doi.org/10.1163/174552412x625772.

Texte intégral

Résumé :

A private property account is central to a liberal theory of justice. Much of the appeal of the Lockean theory stems from its account of the so-called ‘enough-and-as-good’ proviso, a principle which aims to specify each employable person’s fair share of the earth’s material resources. I argue that to date Lockeans have failed to show how the proviso can be applied without thereby undermining a guiding intuition in Lockean theory. This guiding intuition is that by interacting in accordance with the proviso persons interact as free and equal, or as reciprocally subject to the ‘laws of nature’ rather than as subject to one another’s arbitrary will. Because Locke’s own and contemporary Lockean conceptions of the proviso subject some persons to some other persons’ arbitrary will, the proviso so conceived cannot function as it should, namely as a principle that restricts interacting persons’ actions reciprocally and thereby enables Lockean freedom under law.

Styles APA, Harvard, Vancouver, ISO, etc.

5

Mack, Eric. « The Self-Ownership Proviso : A New and Improved Lockean Proviso ». Social Philosophy and Policy 12, n^o 1 (1995) : 186–218. http://dx.doi.org/10.1017/s0265052500004611.

Texte intégral

Résumé :

In this essay I propose to explicate and defend a new and improved version of a Lockean proviso—the self-ownership proviso (SOP). I shall presume here that individuals possess robust rights of self-ownership. I shall take it that each individual has strong moral claims over the elements which constitute her person, e.g., her body parts, her talents, and her energies. However, in the course of the essay, I shall be challenging what I take to be the standard conception of self-ownership and proposing an enrichment of that conception. The SOP is presented and in part justified as an implication of the right of self-ownership as it is more richly conceived—hence its designation as the self-ownership proviso. As an implication of the right of self-ownership which is also compatible, in theory and practice, with extensive and robust private property rights, the SOP is offered as an integral element of classical-liberal political theory.

Styles APA, Harvard, Vancouver, ISO, etc.

6

Sumika, Masayoshi. « Behind the Mask of the Secular ». Journal of Religion in Japan 5, n^o 2-3 (2016) : 153–75. http://dx.doi.org/10.1163/22118349-00502005.

Texte intégral

Résumé :

Jürgen Habermas, who popularized the concept of the “post-secular,” advocates that all citizens should be free to decide whether they want to use religious language in the public sphere. However, he adds the proviso that citizens who do so must accept that religious utterances ought to be translated into generally accessible language. Habermas presents this concept of “translation”—or the institutional translation proviso—as a way of bringing religious citizens into the public sphere. In his opinion, the public sphere and/or public institutions should not be open to any movement that tries to legitimize the nation on religious grounds. This paper shows that we can find logic and rhetoric that correspond to Habermas’s proviso in courtroom arguments over religion in Japan after World War II. By surveying these disputes, this paper examines whether or not the intended aims of the institutional translation proviso are achieved.

Styles APA, Harvard, Vancouver, ISO, etc.

7

Ehman, Robert. « Nozick's Proviso ». Journal of Value Inquiry 20, n^o 1 (1986) : 51–56. http://dx.doi.org/10.1007/bf00141920.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

8

Slaev, Aleksandar D. « The Transaction Costs of Sustainability : Coase’s Proviso and the Roles of Environmentalists and the Government ». Sustainability 15, n^o 4 (8 février 2023) : 3096. http://dx.doi.org/10.3390/su15043096.

Texte intégral

Résumé :

Environmentalists believe that the Coasean approach is economically efficient but environmentally unsustainable. While acknowledging that this approach is not always sustainable, this paper emphasises its important advantage—the presence of a criterion determining when an activity will/will not lead to an efficient/sustainable outcome. Coase formulated this criterion on what is termed in this paper “Coase’s proviso”—the balance between the net benefits of an institutional change (rearrangement of entitlements) and transaction costs associated with this change. The article also defines the terms “best use”, “second (or next) best use” and “best user”. On this basis, the paper restates Coase’s proviso and argues that there is no inherent contradiction between economic efficiency and environmental sustainability. According to the restated proviso, when the transaction costs associated with the institutional transformation establishing the best use of a resource are lower than the net benefits of this transformation, the result will be economically efficient and environmentally sustainable. However, if the transaction costs outweigh the net benefits of the best use, a second (or next) best use may be established, which will still be economically efficient, but most likely environmentally unsustainable. The paper explores a case study to check the relevance of the restated proviso.

Styles APA, Harvard, Vancouver, ISO, etc.

9

Winter, Yoad. « On Presupposition Projection with Trivalent Connectives ». Semantics and Linguistic Theory 29 (13 décembre 2019) : 582. http://dx.doi.org/10.3765/salt.v29i0.4644.

Texte intégral

Résumé :

A basic puzzle about presuppositions concerns their projection from propositional constructions. This problem has regained much attention in the last decade since many of its prominent accounts, including variants of the trivalent Strong Kleene connectives, suffer from the so-called *proviso problem*.This paper argues that basic insights of the Strong Kleene system can be used without invoking the proviso problem. It is shown that the notion of *determinant value* that underlies the definition of the Strong Kleene connectives leads to a natural generalization of the filtering conditions proposed in Karttunen's article ``Presuppositions of compound sentences'' (LI, 1973). Incorporating this generalized condition into an incremental projection algorithm avoids the proviso problem as well as the derivation of conditional presuppositions. It is argued that the same effects that were previously modelled using conditional presuppositions may be viewed as effects of presupposition suspension and contextual inference on presupposition projection.

Styles APA, Harvard, Vancouver, ISO, etc.

10

Coutts, J. A. « Applying the Proviso ». Journal of Criminal Law 53, n^o 2 (mai 1989) : 210–14. http://dx.doi.org/10.1177/002201838905300205.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

11

van der Vossen, Bas. « As Good As ‘Enough and As Good’ ». Philosophical Quarterly 71, n^o 1 (16 mai 2020) : 183–203. http://dx.doi.org/10.1093/pq/pqaa025.

Texte intégral

Résumé :

Abstract The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not depend on others. That can obtain if literally enough and as good is left in common. But it can also obtain in other ways, for example through competitive labour markets. The latter offer something as good as ‘enough and as good’.

Styles APA, Harvard, Vancouver, ISO, etc.

12

Block, Walter E. « Rejoinder to Dominiak on the necessity of easements ». Ekonomia 27, n^o 1 (19 décembre 2021) : 9–25. http://dx.doi.org/10.19195/2658-1310.27.1.1.

Texte intégral

Résumé :

Dominiak (2019) agrees with the Blockian proviso: homesteading in a bagel or donut format is illicit, since it allows the owner to control land (the hole, the territory in the middle) with which he has not mixed his labor. Thus, a person who does so must open up an easement allowing outside home-steaders through his property, and into this so-far virgin land. But, this author claims this proviso of Block’s does not go far enough. It should also be extended further, not only to incorporate the bagel format, but also in justiﬁcation of easements through private property in emergencies, and so as to avoid entrapment. I strongly support Dominiak in his defense of the Blockian proviso against critics (Kinsella, 2007, 2009C) in the ﬁrst part of his excellent paper, but ﬁnd I cannot agree with this second contention of his. In short, Dominiak agrees with Block regarding easements in the bagel case, but wants to extend this concept to when property owners are encircled, and thus trapped. In my view, extending easements to cases other than the bagel is incompatible with libertarianism’s emphasis on the sanctity of private property rights. Certain positive rights (to, in this case, movement) are essential to Dominiak’s argument. And these rights do not exist. Therefore, Dominiak’s argument is unsound.

Styles APA, Harvard, Vancouver, ISO, etc.

13

Kour, Darpandeep, J. P. Singh Joorel et Neha Sharma. « Effectiveness Analysis of a Two Non-Identical Unit Standby System with Switching Device and Proviso of Rest ». International Journal of Mathematical, Engineering and Management Sciences 4, n^o 6 (1 décembre 2019) : 1496–507. http://dx.doi.org/10.33889/ijmems.2019.4.6-118.

Texte intégral

Résumé :

This paper deals with two-unit cold standby system with switching device and proviso of rest. The system consists of two non-identical units which are connected in parallel redundancy. Initially, the first unit is in operative mode and second is kept in cold standby mode. There is also a proviso for rest for the first unit after a random time from its starting operation. For operation and repair, priority is always given to first unit. A switching device is used to shift the failed unit to repair mode. If the switching device is found non-operational then priority is given to it for repair provided that system is in functional mode. The effectiveness of the proposed system has been carried out by determining various reliability characteristics of the proposed model.

Styles APA, Harvard, Vancouver, ISO, etc.

14

Jakobsen, Jonas. « Moderate Inclusivism and the Conversational Translation Proviso : Revising Habermas' Ethics of Citizenship ». European Journal for Philosophy of Religion 11, n^o 4 (20 décembre 2019) : 87. http://dx.doi.org/10.24204/ejpr.v11i4.2829.

Texte intégral

Résumé :

Habermas’ ‘ethics of citizenship’ raises a number of relevant concerns about the dangers of a secularistic exclusion of religious contributions to public deliberation, on the one hand, and the dangers of religious conflict and sectarianism in politics, on the other. Agreeing largely with these concerns, the paper identities four problems with Habermas’ approach, and attempts to overcome them: (a) the full exclusion of religious reasons from parliamentary debate; (b) the full inclusion of religious reasons in the informal public sphere; (c) the philosophical distinction between secular and religious reasons; and (d) the sociological distinction between ‘Western’ and ‘non-Western’ religions. The result is a revised version of the ethics of citizenship, which I call moderate inclusivism. Most notably, moderate inclusivism implies a replacement of Habermas’ ‘institutional translation proviso’ with a more flexible ‘conversational translation proviso’.

Styles APA, Harvard, Vancouver, ISO, etc.

15

Porter, Nigel. « Invalidity of The Indictment Post R. V. Newland ». Cambridge Law Journal 53, n^o 1 (mars 1994) : 63–70. http://dx.doi.org/10.1017/s0008197300096884.

Texte intégral

Résumé :

It is uncontroversial to state that the Court of Appeal (Criminal Division) has never been sympathetic to unmeritorious appeals. Numerous cases may be cited where the appellant, having made out a valid ground of appeal based purely upon a technical defect in the trial, is met with the rejoinder that the appeal is wholly without merit and that the conviction will be upheld by the application of the proviso to section 2(1) of the Criminal Appeal Act 1968. Serious defects in the trial including the failure of the trial judge to give a direction on the standard of proof, wrongful admission of the defendant&s previous bad character, and even conviction for an offence which technically did not exist, have all been amenable to the application of the proviso on the ground that, despite the defect, no injustice has been done.

Styles APA, Harvard, Vancouver, ISO, etc.

16

Botha, Joanna C., et Avinash Govindjee. « Hate Speech Provisions and Provisos : A Response to Marais and Pretorius and Proposals for Reform ». Potchefstroom Electronic Law Journal 20 (3 janvier 2017) : 1–37. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1395.

Texte intégral

Résumé :

This article responds to some of the issues raised by Marais and Pretorius in their 2015 article titled "A Contextual Analysis of the Hate Speech Provisions of the Equality Act" published in 2015(18)4 PER 901. In particular, the authors in the present response deal with a) the relationship between the prohibition of unfair discrimination and the regulation of hate speech; b) Marais and Pretorius' interpretation of aspects of the section 10(1) hate speech test; c) the role and interpretation of the proviso in section 12; and d) the constitutionality of section 10(1), as read with the proviso. For each of these issues, the authors first summarise Marais and Pretorius' contentions and then reply thereto. The authors also propose amendments to the threshold test for hate speech in terms of section 10(1) and suggest the enactment of new hate speech-specific defences.

Styles APA, Harvard, Vancouver, ISO, etc.

17

Tyler, George. « The Reciprocal Translation Proviso : An Alternative Approach to Public Reason ». Politics and Religion 11, n^o 4 (9 mai 2018) : 717–44. http://dx.doi.org/10.1017/s1755048318000081.

Texte intégral

Résumé :

AbstractThe role of religion in politics is problematic for liberal legitimacy. Religion is often restrained by a public reason requirement, but this creates cognitive burdens that asymmetrically impact religious citizens creating unequal barriers to accessing the political system, which is itself problematic for liberal legitimacy. Habermas’ institutional translation proviso balances the competing concerns of liberal legitimacy, which aims to offset the asymmetry disadvantaging religious citizens. This paper analyzes the problem and Habermas’ solution. It concludes that Habermas does not alleviate the asymmetry created by the public reason requirement to the greatest extent possible and so does not equalize the barriers to accessing the political system as much as he might. The reciprocal translation proviso provides an alternative that balances the competing components of liberal legitimacy more fully and alleviates the asymmetry and inequality of barriers to political access to the greatest extent possible while preserving the public reason requirement.

Styles APA, Harvard, Vancouver, ISO, etc.

18

Frankel, Susy. « Lord Cooke and Patents : The Scope of "Invention" ». Victoria University of Wellington Law Review 39, n^o 1 (2 juin 2008) : 73. http://dx.doi.org/10.26686/vuwlr.v39i1.5454.

Texte intégral

Résumé :

What inventions are patentable is the core issue in patent law. Lord Cooke, when he was a Court of Appeal judge, ruled that the definition of invention, under the Patents Act 1953, included the part of the Statute of Monopolies of 1623 known as the proviso. Amongst other things the proviso excludes matters that raise prices of commodities at home or are generally inconvenient from being inventions for the purposes of the Act. Cooke J held that the presence of the proviso meant that when patents are applied for inventions that raise matters of economic concern the courts should resist breaking new ground and Parliament should deal with the matter. In reaching that interpretation of the definition of invention Cooke J said that because of the diversity of international views on the patentability of methods of medical treatment, the Court could not shut its eyes to the fact that the application before it might result in raising prices of commodities at home or be generally inconvenient. At the core of Cooke J's reasoning was the particular economic questions that arise for a country the size of New Zealand. This article discusses the treatment of Cooke J's approach in the courts and in the patent registration system. The article also discusses the role of public opinion concerning economic and social policy issues arising in the patent system. The article concludes that Cooke J's interpretation should continue to guide New Zealand's approach to what is an invention, and thus what is patentable subject matter.

Styles APA, Harvard, Vancouver, ISO, etc.

19

Jakobsen, Jonas, et Kjersti Fjørtoft. « In Defense of Moderate Inclusivism : Revisiting Rawls and Habermas on Religion in the Public Sphere ». Etikk i praksis - Nordic Journal of Applied Ethics, n^o 2 (17 novembre 2018) : 143–57. http://dx.doi.org/10.5324/eip.v12i2.2267.

Texte intégral

Résumé :

The paper discusses Rawls’ and Habermas’ theories of deliberative democracy, focusing on the question of religious reasons in political discourse. Whereas Rawls as well as Habermas defend a fully inclusivist position on the use of religious reasons in the ‘background culture’ (Rawls) or ‘informal public sphere’ (Habermas), we defend a moderately inclusivist position. Moderate inclusivism welcomes religiously inspired contributions to public debate, but it also makes normative demands on public argumentation beyond the ‘public forum’ (Rawls) or ‘formal public sphere’ (Habermas). In particular, moderate inclusivism implies what we call a ‘conversational translation proviso’ according to which citizens have a duty to supplement religious with proper political arguments if – but only if – they are asked to do so by their co-discussants. This position, we argue, is more in line with the deeper intuitions behind Rawls’ political liberalism and Habermas’ deliberative model than is the fully inclusivist alternative. Keywords: conversational translation proviso, deliberative democracy, ethics of citizenship, Habermas, moderate inclusivism, public reason, Rawls

Styles APA, Harvard, Vancouver, ISO, etc.

20

Saar, Marcin. « Rationality as the condition of individual rights in David Gauthier’s "Morals by Agreement" ». Acta Universitatis Lodziensis. Folia Philosophica. Ethica-Aesthetica-Practica, n^o 38 (21 décembre 2021) : 115–30. http://dx.doi.org/10.18778/0208-6107.38.06.

Texte intégral

Résumé :

The topic of this paper is the foundation for individual rights proposed by David Gauthier in his seminal 1986 book Morals by Agreement, and particularly the role of conception of rationality in this foundation. The foundation of rights is a part of Gauthier’s broader enterprise: to ground morals in rationality – more specifically, in the economic conception of rationality. Because of the importance of this conception for the whole of Gauthier’s project, we reconstruct first the conception of rationality which can be found in decision theory and game theory, presenting simultaneously in a relatively non-technical way some basic concepts of the aforementioned disciplines. We proceed then to reconstruction of the foundation of rights itself – it turns on Gauthier’s interpretation of the so-called “Lockean proviso.” Lastly, we turn to the connection between rationality and foundation of rights. It is to be found in the narrow compliance – the disposition to enter only into cooperation which satisfies conditions of fairness set out in part by the Lockean proviso.

Styles APA, Harvard, Vancouver, ISO, etc.

21

Mandelkern, Matthew. « Dissatisfaction Theory ». Semantics and Linguistic Theory 26 (15 octobre 2016) : 391. http://dx.doi.org/10.3765/salt.v26i0.3804.

Texte intégral

Résumé :

I propose a new theory of semantic presupposition, which I call 'dissatisfaction theory'. I first briefly review a cluster of problems - known collectively as the 'proviso problem' - for most extant theories of presupposition, arguing that the main pragmatic response to them faces a serious challenge. I avoid these problems by adopting two changes in perspective on presupposition. First, I propose a theory of projection according to which presuppositions project unless they are locally entailed. Second, I reject the standard assumption that presuppositions are contents which must be entailed by the input context; instead, I propose that presuppositions are contents which are marked as backgrounded. I show that, together, these commitments allow us to avoid the proviso problem altogether, and generally make plausible predictions about presupposition projection out of connectives and attitude predicates. I close by sketching a two-dimensional implementation of my theory which allows us to make further welcome predictions about attitude predicates and quantifiers.

Styles APA, Harvard, Vancouver, ISO, etc.

22

Schlenker, Philippe. « The Proviso Problem : a note ». Natural Language Semantics 19, n^o 4 (12 mai 2011) : 395–422. http://dx.doi.org/10.1007/s11050-011-9072-z.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

23

Tigadi, Rohan. « Indian Arbitration : The Ghost of Implied Exclusion and other Related Issues ». Asian International Arbitration Journal 12, Issue 2 (1 décembre 2016) : 181–93. http://dx.doi.org/10.54648/aiaj2016008.

Texte intégral

Résumé :

The purpose of this article is to examine the effect of the Arbitration and Conciliation (Amendment) Act, 2015 on the scope and applicability of the Arbitration and Conciliation Act, 1996. In 2015, several provisions of the Arbitration and Conciliation Act, 1996 were amended by the Arbitration and Conciliation (Amendment) Act, 2015 based on the recommendations of the Law Commission of India in its 246th Report. Among other things, a proviso was inserted to section 2(2) of the 1996 Act to empower Indian courts to act in aid of foreign-seated international commercial arbitrations. So, pursuant to the amendment, Indian courts can aid foreign-seated arbitral tribunals in taking of evidence or grant interim measures in favour of such arbitrations if the resulting award is enforceable under the New York Convention on the Recognition and Enforcement of Foreign Awards or Convention on Execution of Foreign Arbitral Awards in India. The Law Commission of India had recommended that such remedies available under the proviso to section 2(2) could be excluded only by an ‘express’ agreement between the parties. However, in the present form, the proviso to section 2(2) of the Arbitration and Conciliation Act, 1996 provides that the aforesaid remedies could be excluded by an ‘express’ and ‘implied’ agreement between the parties. The author highlights the various problems that may arise as a result of such remedies being made excludable by an ‘implied agreement’ between the parties in light of the ‘theory of implied exclusion’ propounded by the judgment of the Supreme Court of India in Bhatia International v Bulk Trading SA. The author also deals with other ancillary issues arising from such an amendment to section 2(2) of the Arbitration and Conciliation Act, 1996.

Styles APA, Harvard, Vancouver, ISO, etc.

24

Machan, Tibor R. « Self-Ownership and the Lockean Proviso ». Philosophy of the Social Sciences 39, n^o 1 (mars 2009) : 93–98. http://dx.doi.org/10.1177/0048393108323472.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

25

Milburn, Josh. « The demandingness of Nozick’s ‘Lockean’ proviso ». European Journal of Political Theory 15, n^o 3 (16 décembre 2014) : 276–92. http://dx.doi.org/10.1177/1474885114562978.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

26

Dominiak, Łukasz. « Libertarian easements revisited ». Ekonomia 27, n^o 1 (19 décembre 2021) : 27–35. http://dx.doi.org/10.19195/2658-1310.27.1.2.

Texte intégral

Résumé :

In the present paper, I develop further my original argument for extending the Blockian Proviso to landlocked property. I use Walter Block’s newest rejoinder as an opportunity to generalize my case for necessity easements. I argue that in order to attenuate various conﬂicts of rights, libertarianism should interpret its thesis that property rights are absolute in a less demanding way.

Styles APA, Harvard, Vancouver, ISO, etc.

27

Et al., NORAIDA HARUN. « THE PROVISO TO SECTION 340(3) OF THE NATIONAL LAND CODE 1965 (NLC) : A STUDY ». Psychology and Education Journal 58, n^o 2 (1 février 2021) : 1653–57. http://dx.doi.org/10.17762/pae.v58i2.2320.

Texte intégral

Résumé :

Under the Torrens system, section 340 (1) of the NLC only gives the indefeasibility upon the registered proprietor. Fraud, misrepresentation, forgery, insufficient or void instrument and unlawful acquisition are the exceptions to the indefeasibility provided in section 340(2) of NLC. Under section 340(3)(a) or (b) of NLC, the person whose title is defeasible, if he had made a subsequent dealing on the land, the new proprietor’s title still defeasible. The new proprietor will only get the protection under the proviso to section 340(3) of NLC if he can prove that he is a good faith purchaser. The proviso to section 340(3) applies only to the subsequent transferee and not the first transferee. The purpose of this article is to identify the criterions used by the courts in categorizing that person as bona fide purchaser, the position and the remedy of the bona fide purchaser in land matters. The methodology used in this study is a library based research which includes document analysis, such as the decided cases, book and articles. This study also discusses some suggestions for improvement and outcome to ensure the interests and rights of the parties involved.

Styles APA, Harvard, Vancouver, ISO, etc.

28

Russell, Daniel C. « EMBODIMENT AND SELF-OWNERSHIP ». Social Philosophy and Policy 27, n^o 1 (janvier 2010) : 135–67. http://dx.doi.org/10.1017/s0265052509990069.

Texte intégral

Résumé :

AbstractMany libertarians believe that self-ownership is a separate matter from ownership of extra-personal property. “No-proviso” libertarians hold that property ownership should be free of any “fair share” constraints (e.g., the Lockean Proviso), on the grounds that the inability of the very poor to control property leaves their self-ownership intact. By contrast, left-libertarians hold that while no one need compensate others for owning himself, still property owners must compensate others for owning extra-personal property. What would a “self” have to be for these claims to be true? I argue that both of these camps must conceive of the boundaries of the self as including one's body but no part of the extra-personal world. However, other libertarians draw those boundaries differently, so that self-ownership cannot be separated from the right to control extra-personal property after all. In that case, property ownership must be subject to a fair share constraint, but that constraint does not require appropriators to pay compensation. This view, which I call “right libertarianism,” differs importantly from the other types primarily in its conception of the self, which I argue is independently more plausible.

Styles APA, Harvard, Vancouver, ISO, etc.

29

McMaster, T. B. M. « On Pervin's example concerning the connected-open topology ». International Journal of Mathematics and Mathematical Sciences 13, n^o 2 (1990) : 223–26. http://dx.doi.org/10.1155/s0161171290000333.

Texte intégral

Résumé :

Irudayanathan and Naimpally [1] introduced a topology for function spaces (called the connected-open topology) which has the property that the connected functions form a closed set provided that the codomain is completely normal. Pervin [2] gave an example showing that the proviso cannot be weakened to normality. The purpose of this note is to point out a lacuna in his demonstration, and to re-establish the validity of the example.

Styles APA, Harvard, Vancouver, ISO, etc.

30

Ewere, Anthony Osaro. « Declaration of assets by public officers : when breach of duty to declare assets is a technical offence in Nigeria ». UCC Law Journal 1, n^o 2 (1 décembre 2021) : 143–64. http://dx.doi.org/10.47963/ucclj.v1i2.415.

Texte intégral

Résumé :

The Code of Conduct Bureau and Tribunal Act 1991 established the Code of Conduct Bureau and the Code of Conduct Tribunal, primarily for the purpose of tracking assets owned by public officers as a mechanism against corrupt enrichment. Section 15 of the Act mandates public officers to declare their assets at various times in the course of employment. Though the Act criminalises failure to declare assets, the proviso to section 3 thereof however restrains the Bureau from referring cases of non-compliance to the Tribunal if a public officer admits his breach in writing. This makes such infraction a mere technical offence for which no blame can be ascribed to an ‘offender’ who admits his breach. Therefore, initiating criminal proceedings where the law absolves public officers from liability seems to violate the object of the law. It also undermines the right not to be tried for offences that are unknown to law. To give effect to the object of the Act, this paper proposes that the proper order the Tribunal should make, where cases covered by the proviso to section 3 of the Act are referred to it, is to dismiss the action in limine or strike out same for lack of jurisdiction.

Styles APA, Harvard, Vancouver, ISO, etc.

31

Suh, Dong-Uhn, et Hyun Kyoung Kim. « Rethinking Public Religion in Korea : The Role of Religions in the Era of Climate Crisis ». Religions 14, n^o 1 (11 janvier 2023) : 103. http://dx.doi.org/10.3390/rel14010103.

Texte intégral

Résumé :

This paper attempts to explore the public dimension of religion in Korea. First, it examines the Western and East Asian contexts on the concept of ’public’, noting that the gap in notions of public is large between East Asian and Western traditions. The following section discusses Habermas’ ‘institutional translation proviso’ in relation to the notion ‘public’. The institutional translation proviso serves as the basis for further discussion on rethinking the public role of religion in Korea in the era of climate crisis. We argue that ‘secular’ translations of religious convictions can help religious citizens and communities engage in public discourses on ecological challenges. We then consider major limitations of Habermas’ understanding of religion. In the following section, we move on to discuss Albert Schweitzer and process theology in order to demonstrate how religious languages can be reinterpreted on the basis of modern experiences of ecological challenges. We then consider Buddhist alternatives for overcoming the climate crisis. The final section introduces José Casanova’s account of public religions and discusses its implication for envisioning the public role of religious organizations in ecological efforts. Reviewing the contributions made by religious organizations to the Korean society, we suggest that ‘ecological publicness’ of religion can be obtained.

Styles APA, Harvard, Vancouver, ISO, etc.

32

Mocrei-Rebrean, Lucian. « The Lockean Proviso and Orbital Sustainability—An Anthropological View ». Sustainability 14, n^o 7 (25 mars 2022) : 3909. http://dx.doi.org/10.3390/su14073909.

Texte intégral

Résumé :

Over the last decades, we have witnessed the gradual commercialization of the Earth orbit. The exponential development of private space activities makes this distant natural field, with the overcoming of technological difficulties, more and more hospitable to free initiative and entrepreneurship. However, the orbital space is considered global commons. Through the imaginary case method, we intend to ponder on possible ways to legally regulate the exploitation of the orbital space, namely the application of Pigouvian taxes, on the sustainability of the orbital environment, through ethical considerations originating from the application of the Lockean proviso. Although they are designed to cover the damage caused by that particular polluting activity, which is difficult to estimate and, in our case, almost impossible to quantify in the long run, the Pigouvian taxes are the result of a proactive logic. The tension between civilization and nature turns the world outside the Earth into a wilderness destined for humanization, another area of exercise of the liberal self. Non-legal reasons for the sustainability of the orbital environment may arise from observing the Lockean principle of fair ownership. Between the prohibition of an unreasonable destruction of nature’s goods and the equitable access to extra-terrestrial resources, the human desire for appropriation updates the proviso destined for the colonization of America in the twenty-first century. Given that there are currently no plans to clean the technological waste in orbit, adopting the conservation of the orbital environment as an ethical principle could help to formulate a more environmentally responsible liberalism, as part of a long-term agenda of exploitation in the vicinity of our planet.

Styles APA, Harvard, Vancouver, ISO, etc.

33

Mayr, Clemens, et Jacopo Romoli. « Satisfied or exhaustified : an ambiguity account of the Proviso Problem ». Semantics and Linguistic Theory 26 (1 décembre 2016) : 892. http://dx.doi.org/10.3765/salt.v26i0.3961.

Texte intégral

Résumé :

The presuppositions inherited from the consequent of a conditional or the second disjunct of a disjunction oscillate between a conditional and a non- conditional inference, depending on the context. This is problematic for most theories of presupposition projection in the literature, which only predict a condi- tional presupposition for such sentences (Karttunen 1974; Stalnaker 1973; Heim 1983; Beaver 2001; Schlenker 2009; Fox 2008 among others). The general response to this problem, the so-called ‘Proviso Problem’ (Geurts 1996), is to assume that in addition to the basic conditional presupposition, a non-conditional inference can arise depending on the relationship between the antecedent/first disjunct and the presupposition of the consequent/second disjunct. We discuss data for which this solution makes the wrong predictions. Similar data have been taken by van der Sandt (1992), Geurts (1996) and Garcia-Odon (2012) to motivate the DRT-approach to presuppositions. Schlenker (2011), however, has raised various arguments against such an approach. We propose an alternative analysis, which doesn’t have those problems. In our analysis, the differing presuppositions are the result of a systematic ambiguity involving exhaustification in a trivalent semantics: a non-conditional presupposition obtains with exhaustification, and a conditional one without. In- dependently motivated plausibility considerations decide which reading is chosen with no direct selection of presuppositions needed. We discuss how this approach deals with the various cases of proviso and the predictions it makes for biconditional sentences.

Styles APA, Harvard, Vancouver, ISO, etc.

34

Nweke, Charles C., et Chukwugozie D. Nwoye. « An Inquiry into Habermas’ Institutional Translation Proviso ». Open Journal of Philosophy 05, n^o 01 (2015) : 43–53. http://dx.doi.org/10.4236/ojpp.2015.51006.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

35

Vernon, Richard. « Contractualism and Global Justice : The Iteration Proviso ». Canadian Journal of Law and Jurisprudence 19, n^o 02 (juillet 2006) : 345–56. http://dx.doi.org/10.1017/s0841820900004148.

Texte intégral

Résumé :

While Rawls himself put contractualism to work at the national level, his more cosmopolitan followers have argued that the full requirements of international justice can be reached only by way of a global contractualist argument. Both positions neglect a resource from within the contractualist tradition, The need for iteration of the nation-level contract gives rise to strong and reasonably definite moral requirements. A good-faith adoption of the contractual argument entails, first, a duty to assist those whose potential recourse to just arrangements is blocked by tyranny or political collapse. Second, understood as a net risk-reducing project, a nation-level contract entails a duty not to impede the iterated risk-reduction projects of other national soceties. Envisaging the duty in this contractualist way avoids problems that beset both "natural duty" and "interactionist" approaches to international justice. The non-impedance requirement bears especially on international economic arrangements. The institutional representation of those affected by such arrangements would connect this abstract requirement with practical conclusions.

Styles APA, Harvard, Vancouver, ISO, etc.

36

ELLIOT, ROBERT. « Future Generations, Locke's Proviso and Libertarian Justice ». Journal of Applied Philosophy 3, n^o 2 (octobre 1986) : 217–27. http://dx.doi.org/10.1111/j.1468-5930.1986.tb00421.x.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

37

Roark, Eric. « Applying Locke's Proviso to Unappropriated Natural Resources ». Political Studies 60, n^o 3 (7 février 2012) : 687–702. http://dx.doi.org/10.1111/j.1467-9248.2011.00935.x.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

38

FUNG, S. Y. C. « The Rise and Fall of the Proviso ». Statute Law Review 18, n^o 2 (1 janvier 1997) : 104–12. http://dx.doi.org/10.1093/slr/18.2.104.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

39

Werner, Preston J. « Self-ownership and non-culpable proviso violations ». Politics, Philosophy & ; Economics 14, n^o 1 (28 août 2013) : 67–83. http://dx.doi.org/10.1177/1470594x13496754.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

40

Brown, Susan A. « A Surprising Fact about Pythagorean Triples ». Mathematics Teacher 78, n^o 7 (octobre 1985) : 540–41. http://dx.doi.org/10.5951/mt.78.7.0540.

Texte intégral

Résumé :

Joe Knez, a geometry student at Proviso West, asked me if a relationship he had noticed in his homework would always be true. Part of his assignment was to test numbers to see if they were Pythagorean triples. Joe noticed that whenever he found three numbers that were triples, their product was divisible by 60. If this relationship was always true, it would provide an easy way to eliminate most numbers that are not Pythagorean triples.

Styles APA, Harvard, Vancouver, ISO, etc.

41

Welch, P. D. « Countable unions of simple sets in the core model ». Journal of Symbolic Logic 61, n^o 1 (mars 1996) : 293–312. http://dx.doi.org/10.2307/2275612.

Texte intégral

Résumé :

AbstractWe follow [8] in asking when a set of ordinals X ⊆ α is a countable union of sets in K, the core model. We show that, analogously to L, an X closed under the canonical Σ1 Skolem function for Kα can be so decomposed provided K is such that no ω-closed filters are put on its measure sequence, but not otherwise. This proviso holds if there is no inner model of a weak Erdős-type property.

Styles APA, Harvard, Vancouver, ISO, etc.

42

Schunk, Jeff E., A. Marc Harrison, Howard M. Corneli et G. William Nixon. « Letters to the Editor ». Pediatrics 96, n^o 4 (1 octobre 1995) : 792. http://dx.doi.org/10.1542/peds.96.4.792.

Texte intégral

Résumé :

We appreciate these comments. We agree with the suggestion of Drs Conners, Chamberlain, and Ochsenschlager; in fact, we employ this method ourselves! Drs Arnold and Radkowski restate our proviso that manipulation of foreign bodies in the esophagus should not occur remote from physicians and equipment needed for resuscitation, although we note this is a somewhat theoretic precaution: no actual resuscitation or airway manipulation was required in our 415 cases. We are not sure that resident training justifies cost or inconvenience to the patient.

Styles APA, Harvard, Vancouver, ISO, etc.

43

Cavin, Robert Greg, et Carlos A. Colombetti. « The Implausibility and Low Explanatory Power of the Resurrection Hypothesis—With a Rejoinder to Stephen T. Davis ». Socio-Historical Examination of Religion and Ministry 2, n^o 1 (23 mars 2020) : 37–94. http://dx.doi.org/10.33929/sherm.2020.vol2.no1.04.

Texte intégral

Résumé :

We respond to Stephen T. Davis’ criticism of our earlier essay, “Assessing the Resurrection Hypothesis.” We argue that the Standard Model of physics is relevant and decisive in establishing the implausibility and low explanatory power of the Resurrection hypothesis. We also argue that the laws of physics have entailments regarding God and the supernatural and, against Alvin Plantinga, that these same laws lack the proviso “no agent supernaturally interferes.” Finally, we offer Bayesian arguments for the Legend hypothesis and against the Resurrection hypothesis.

Styles APA, Harvard, Vancouver, ISO, etc.

44

Leroy, Xavier, et Matthias Felleisen. « Editorial ». Journal of Functional Programming 19, n^o 5 (septembre 2009) : 489–90. http://dx.doi.org/10.1017/s095679680999013x.

Texte intégral

Résumé :

Eighteen years ago Richard Bird joined the editorial team of the Journal of Functional Programming. As Richard mentions in his recollections (Bird, 2006), the founding editors of the Journal, Simon Peyton Jones and Philip Wadler, had asked him to contribute a regular column to be called Functional Pearls, roughly modeled on the Programming Pearls that Jon Bentley had run for the Communications of the ACM in the 1980s. Richard agreed to the suggestion, but only under the proviso that he would seek other contributors to the column.

Styles APA, Harvard, Vancouver, ISO, etc.

45

Bursell, Rupert D. H. « The Seal of the Confessional ». Ecclesiastical Law Journal 2, n^o 7 (juillet 1990) : 84–109. http://dx.doi.org/10.1017/s0956618x00000958.

Texte intégral

Résumé :

The seal of the confessional was part of the canon law applied in England before the Reformation. It was also part of that law which was continued in force at the Reformation, as is confirmed by the proviso to canon 113 of the 1603 Canons. This proviso is still in force and proprio vigore binds the clergy of the Church of England. By the Act of Uniformity, 1662, the hearing of confessions was enjoined upon those clergy in certain circumstances; the law places no limit upon the frequency of their being heard. It is unsurprising that there are infrequent references to the seal of the confessional since the Reformation; such cases as there are are inconclusive. Nevertheless, although the seal of the confessional may be waived by the penitent, the refusal by an Anglican clergyman to disclose what was said within sacramental confession is based upon a duty imposed on him by the ecclesiastical law rather than upon an evidential privilege. An Anglican clergyman in breach of that duty would be in grave danger of censure by the ecclesiastical courts and such censure might well lead to his deprivation and possible deposition from Holy Orders. The ecclesiastical law is part of the general law of the land and must be applied in both the ecclesiastical and secular courts. Both courts must therefore enforce that clerical duty and uphold any refusal by an Anglican clergyman to answer questions in breach of the seal of the confessional.

Styles APA, Harvard, Vancouver, ISO, etc.

46

NINE, CARA. « Ecological Refugees, States Borders, and the Lockean Proviso ». Journal of Applied Philosophy 27, n^o 4 (25 août 2010) : 359–75. http://dx.doi.org/10.1111/j.1468-5930.2010.00498.x.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

47

Genosko, Gary. « Guattari TV, By Kafka ». Deleuze Studies 6, n^o 2 (mai 2012) : 210–23. http://dx.doi.org/10.3366/dls.2012.0058.

Texte intégral

Résumé :

Guattari looked for crossovers between film and television in a posthumously published ‘Project for a Film By Kafka’. His critical comments on television and the mixed reception of television within the Deleuzo-Guattarian literature provide the occasion for an investigation of what Guattari thought television could do for his project. The auteur model best suits his needs in this regard, with the proviso that it is animated by a modernist aesthetic oriented towards the conjuring of a people to come who would join the Kafka assemblage as part of their viewing experience.

Styles APA, Harvard, Vancouver, ISO, etc.

48

Cicco, Lucio Di. « The Visnapuu Case : The Narrow Interpretation of Article 37 TFEU and the Consequent Failure in the Application of the Certain Selling Arrangements Doctrine : European Court of Justice, Fifth ». Legal Issues of Economic Integration 43, Issue 3 (1 août 2016) : 309–22. http://dx.doi.org/10.54648/leie2016015.

Texte intégral

Résumé :

In Visnapuu the Court of Justice held, inter alia, that a Finnish measure governing the exceptions to the monopolist’s exclusive rights was separable from the operation of the monopoly. Therefore, the Court assessed it in the light of Article 34 Treaty on the Functioning of the European Union (TFEU) instead of Article 37 TFEU. It is worth noticing the remarkably narrow interpretation of Article 37 TFEU and its consequences on the application of Article 34 TFEU where a monopoly is at stake. In particular, in such circumstances, some concerns arise with respect to the suitability of the paragraph 16 proviso of Keck.

Styles APA, Harvard, Vancouver, ISO, etc.

49

Grégoire, Laurent, Pierre Perruchet et Bénédicte Poulin-Charronnat. « Is the Musical Stroop Effect Able to Keep Its Promises ? » Experimental Psychology 61, n^o 1 (1 janvier 2014) : 80–83. http://dx.doi.org/10.1027/1618-3169/a000222.

Texte intégral

Résumé :

Grégoire, Perruchet, and Poulin-Charronnat (2013) claimed that the Musical Stroop task, which reveals the automaticity of note naming in musician experts, provides a new tool for studying the development of automatisms through extensive training in natural settings. Many of the criticisms presented in the four commentaries published in this issue appear to be based on a misunderstanding of our procedure, or questionable postulates. We maintain that the Musical Stroop Effect offers promising possibilities for further research on automaticity, with the main proviso that the current procedure makes it difficult to tease apart facilitation and interference.

Styles APA, Harvard, Vancouver, ISO, etc.

50

Ohtomo, M. « Proviso on the unconditional stability criteria for linear twoport ». IEEE Transactions on Microwave Theory and Techniques 43, n^o 5 (mai 1995) : 1197–200. http://dx.doi.org/10.1109/22.382086.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

Nous offrons des réductions sur tous les plans premium pour les auteurs dont les œuvres sont incluses dans des sélections littéraires thématiques. Contactez-nous pour obtenir un code promo unique!