O objetivo deste trabalho é apresentar um panorama do percurso que levou ao esclarecimento da Síndrome de Down, principalmente a partir da segunda metade do século XX, no que diz respeito à sua caracterização e etiologia enquanto uma condição genética. Para isso, nos baseamos em fontes primárias e em fontes secundárias, levando também em conta os aspectos sociais envolvidos. Esta pesquisa mostra como o conhecimento sobre a Síndrome de Down foi sendo construído e seu impacto no tratamento pela sociedade, levando-a (...) reconhecer os indivíduos com a síndrome a partir de uma condição genética e não como doentes. Esperamos que este estudo possa contribuir para a compreensão das ideias atuais sobre o assunto. (shrink)

La teoria della conoscenza può essere intesa in due modi diversi, a seconda di che cosa si intende per conoscenza. In un primo senso, per conoscenza si intende il processo mediante cui conosciamo. In un secondo senso la conoscenza è intesa come il risultato di tale processo, ossia come sinonimo di sapere. Questi due significati sono riflessi nei diversi termini con cui vengono denotati in altre lingue. Mentre una teoria della conoscenza intesa come sapere non ha relazioni significative (...) con le neuroscienze (ma piuttosto con discipline filosofiche come la logica, la metodologia, la semiotica, l'ontologia), una teoria dei processi conoscitivi ha rapporti significativi con le neuroscienze, e fin dall'antichità i filosofi hanno riconosciuto nel cervello il supporto fisico delle attività cognitive superiori. Con ciò, tuttavia, le neuroscienze non possono presentarsi come surrogato di una teoria filosofica del conoscere, in quanto i processi cognitivi debbono essere preliminarmente definiti in sede filosofica, al fine di poter studiare le loro correlazioni (bidirezionali) con fenomeni nervosi. (shrink)

La tecnologia, nel suo significato moderno, č essenzialmente scienza applicata e come tale si basa su conoscenze teoriche. Anche nel Messico pre-coloniale la tecnologia era presente, come risulta chiaramente dall'esistenza di osservatori astronomici e di calendari molto precisi. Una caratteristica generale di questa tecnologia, per altro, č il fatto che essa implicava una gran quantitŕ di conoscenze scientifiche e notevoli abilitŕ costruttive, ma era inoltre tesa a esprimere un ricco ventaglio di significati riguardanti valori umani, il senso della vita (...) e dell'universo, oltre a concezioni etiche. Ciň viene mostrato attraverso la discussione dei due esempi sopra menzionati, ossia gli osservatori e i calendari. (shrink)

Darwin diceva che le specie si trasformavano per poter sopravvivere: arriva un terremoto, un’inondazione e solo chi sa correre rapidamente o chi sa nuotare vive. Ok, ma cosa ci dice questa teoria sui cambiamenti che non portano a migliori possibilità di sopravvivere o di riprodursi? Ben poco. Perché nel corso dei secoli i denti molari dell’uomo si sono ridotti di dimensioni, così come le dita dei piedi? Certo non per sopravvivere e riprodursi meglio. Gli autori riportano nel corso di questa (...) rassegna vari esempi che la teoria di Darwin non riesce a spiegare e delle possibili spiegazioni alternative, asseverate da esperimenti scientifici validati e consacrati dalla comunità scientifica. Darwin aveva torto? Certamente no! Ma come tutte le opere della scienza richiede revisioni e miglioramenti. (shrink)

Semantic relativism maintains that the truth-value of some propositions is sensitive to a judge parameter, facilitating cases whereby a proposition can be true relative to one judge, but false relative to another. Most prominently, semantic relativism has been applied to predicates of personal tastes (PPTs). Recently, Lasersohn [2007. “Expressives, Perspective and Presupposition.” Theoretical Linguistics 33 (2): 223–230; 2017. Subjectivity and Perspective in Truth-Theoretic Semantics. Oxford: Oxford University Press] has urged an extension of semantic relativism to terms traditionally construed as expressives (...) including derogatory epithets (e.g. ‘asshole’) and, more tentatively, expressions like ‘damn’. In this paper, we challenge Lasersohn’s extension of relativism. Section 1 gives a background on semantic theories for expressives and on semantic relativism. In Section 2, we focus on Lasersohn’s [2007. “Expressives, Perspective and Presupposition.” Theoretical Linguistics 33 (2): 223–230] account where he attempts to apply relativism to a wider range of expressives. We argue that because PPTs and expressives have fundamentally different semantic functions, the prospects for a relativistic account are slim. Several problems are presented. Our focus is on the perspective sensitivity of expressive content and the phenomenon of projection failure, as both reveal a fundamental disparity between expressives and PPTs. (shrink)

In this paper we motivate and develop a new approach to predicates of personal taste within the framework of semantic relativism. Our primary goal is to explain faultless disagreement—the phenomenon where two parties disagree, yet both have uttered something true—which is often thought to arise from the use of predicates of personal taste. We combine semantic relativism with an expressivist semantics to yield a novel hybrid theory which we call _Expressive-Relativism_. We motivate the theory by rehearsing a famous objection to (...) Relativism from Frege which we interpret as severing the connection between contradiction and disagreement for relativists. Endorsing the objection, we respond by enriching relativism with an expressivist component which explains disagreement over matters of taste as a refusal to share perspectives rather than as resting on contradiction. (shrink)

This paper provides a theory of how language is used in projects of resistance, whether this be towards actual or merely perceived oppression. The theory is based on the idea of social roles, which have previously been used to explain the offence caused by slur terms (Popa-Wyatt and Wyatt 2018). We examine two types of resistance projects. The first is a reclamation project. This consists in re-purposing existing slur words and associating them with new roles. The second project is neologism. (...) This creates new words and uses them to create new roles. To explain both projects of resistance, we use the idea of role revision. In reclamation projects, when members of the target group use a slur term among themselves, this creates conditions to revise the subordinate role assigned by the slur into a positive role with the potential for re-empowerment. The neologism projects employ a similar mechanism of role revision with different effects. An example of neologistic resistance against perceived oppression is that occurring within incel communities (involuntary celibates). Incel communities have a sense of social stigmatization and incel individuals perceive themselves as being in subordinate roles relative to women and other men. In response, they construct an ideology which aims to provide moral comfort and a promise of future reward. Critical to this ideology are new (ideological) roles, associated with new words, which promise to improve the social status of incels. We argue that this type of neologism project has similarities to insular reclamation in that both projects aim to transform subordinated roles into positive ones. (shrink)

Indexical contextualism (IC) is an account of predicates of personal taste (PPTs) which views the semantic content of PPTs as sensitive to the context in which they are uttered, by virtue of their containing an implicit indexical element. Should the context of utterance change, the semantic content carried by the PPT will also change. The main aim of this paper is to show that IC is unable to provide a satisfactory account of PPTs. I look at what I call “pure” (...) IC accounts and show that because they fail to respect empirical data regarding disagreements where neither person is at fault, known as “faultless disagreements”, they must be rejected. I then go on to consider what I call IC “plus” (IC+) accounts. Such accounts attempt to account for the faultlessness of such disagreements using a simple indexical semantics, whilst introducing some extra ingredient to account for the disagreement part. I focus on two main versions of IC+: Gutzmann’s (in: Meier, van Wijnberger-Huitink (eds) Subjective meaning: alternatives to relativism, De Gruyter, Berlin, 2016) expressivist account, and López de Sa’s (in: García-Carpintero, Kölbel (eds) Relative truth, Oxford University Press, Oxford, 2008; Erkenntnis 80(Supp 1):153–165, 2015) presuppositional account. I discuss some internal worries with these accounts before going on to some final remarks about IC/IC+ in general. I conclude that neither IC nor IC+ can provide a satisfactory semantics for PPTs. (shrink)

Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 (...) and 82 of the Treaty has expanded Commission’s powers stating that Commission can by decision order an inspection to be conducted in any other premises, land and means of transport, including the homes of directors, managers and other members of staff of the undertakings and associations of undertakings concerned. Such an expansion of the investigative powers of the Commission raises a question of the balance between effectiveness of the EU competition law and a person’s right to privacy, which is guaranteed to everyone by the Article 8 of the European Convention on Human Rights. Nevertheless this right is not absolute and the conditions for the possible limitations of the exercise of it are enshrined in paragraph 2 of the same article. For this reason the aim of this article is to find out whether Commission’s power to carry out searches in private homes meet the requirements set in Article 8(2) of the Convention, i.e., whether the Commission’s power to conduct such searches could be justified under the ECHR Article 8(2). In this study, the authors analyse the Commission’s extended investigative powers, clarify what is covered by the concept of “privacy”, evaluate the requirements set in Article 8(2) of the Convention, analyse conditions of exercising Commission’s extended investigative power and thus qualify if the latter satisfies the requirements set in Article 8(2) of the ECHR. (shrink)

This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in 2000, setting the (...) form of guilt and its content in criminal cases for negligent account management, posed no significant problems – the court practice and legal literature followed the attitude that this crime could be committed only negligently. According to Article 16(4) of the Criminal Code 2000, a person is punished for negligent commission of a crime or a misdemeanour only in individual cases stipulated in the Special Part of the Criminal Code. The problem was that no “individual case” was foreseen in Article 223 of the Criminal Code that imposed liability for negligent bookkeeping. This created preconditions for deviating from pre-existing case-law under which this crime could be qualified as negligent. Only in 2009 the Criminal Division of the Lithuanian Supreme Court concluded in its plenary session that Article 223 of the Criminal Code provided liability for criminal record-keeping and accounting only if committed negligently as a form of guilt, and other activities pursuant to this Article might be committed intentionally and recklessly. The plenary session identified a loophole of criminal law and created preconditions for the formation of uniform court practice. Only the legislator can remove the loophole of criminal law identified by the Supreme Court of Lithuania. The author states that all of the acts named in Article 223 of the Criminal Code can be committed negligently and suggests applying the rule contained in Article 16(4) of the Criminal Code to Article 223 of the Criminal Code. All of these findings are based on historical, grammatical and logical interpretation of the “neglect” concept and the analysis of Articles 222 and 223 of the Criminal Code. (shrink)

The relation between slurs and their neutral counterparts has been put into question recently by the fact that some slurs can be used to refer to subsets of the referential classes determined by their associated counterparts. This paper aims to reinforce this relation by offering a way of explaining referential restriction that distinguishes between two kinds of slurs: those performing a normalizing role upon (some) individuals inside a class (mostly, a gender) and those used to derogate a marginalized out- group.

Expressives are words that convey speakers’ attitudes towards a particular object or situation. Consider two examples:Attributive: That f**khead Jeremy forgot the turkey.Predicative: Jeremy is a f**khead. In both examples the word f**khead communicates some expressive content - the negative attitude of the speaker. However, only in Predicative does it appear to contribute to the truth-conditional content. The task is to explain the semantics of the word f**khead when it seemingly behaves wildly differently in different syntactic positions. In this paper I (...) consider several good candidates for dealing with f**khead occurring in Predicative position: Expressivist and Descriptive approaches that treat f**khead in Predicative as purely descriptive; and Expressive-Contextualism that treats Predicative as communicating to both expressive and descriptive dimensions. I show that none of the options fully capture the meaning of f**khead. Treating Predicative as purely descriptive leaves out the highly important expressive element, whilst Contextualist semantics does not seem as a suitable descriptive theory for expressives. I finally present a novel hybrid account that combines Expressivist semantics with Relativism. I call this view Expressive-Relativism. I show that by adopting Expressive-Relativism we can not only explain the relationship of f**khead in Attributive and Predicative, but also give a suitable descriptive theory that captures the truth-conditions of Predicative. (shrink)

The article describes the evolution of problems in the Lithuanian labour law and labour law science since the re-establishment of independence in 1990. Three periods of evolution are presented: the Soviet period (lasted until 1990), the transitional period (1990- 2004) and the period of the Labour Code (2003 and onwards). During the Soviet period, the Code of Labour Laws regulated employment relationship in strict detail as the main employer was the state itself. Good reflections of that period can be pointed (...) out: active (but forced) collective bargaining, single tariff system that implemented equal treatment in the field of remuneration for work and fluent performance of enforcement of labour laws (legal clarity). During the transitional period, new labour laws were introduced and tuned-up with international labour standards (ILO), but in general there were no essential changes in practice. During all that period, the Lithuanian Labour Code was drafted and came in force in 2003. The period of the new Labour Code started together with the European integration and had to bring new trends of the European labour market into Lithuanian practice. The government and academics brought few initiatives for the liberalisation of labour laws but most of them were stuck in the stage of consulting with social partners (Tripartite Council). Nevertheless, 22 years after the collapse of command economy labour laws incompatible with free labour market still dominate. It is obvious that the Lithuanian Labour Code is outdated and needs general reconstruction. Scientific researches and the EU Council recommendations call for the introduction of flexibility, implementation of flexicurity aiming for full integration into the single European labour market. Some strict labour code rules are prevented from functioning in practice. The courts are forced to derogate from disproportionate and improper articles of the Labour Code. The author brings some of the existing problems of labour law into light and proposes their possible solutions. The existing crisis of labour law could be solved by drafting a new Labour Code with the help of academic researchers and by introducing it directly to the Parliament for adoption. (shrink)

This article examines the recent Council of Europe Convention on violence against women through the lens of postcolonial feminist critiques. The article argues that, while there is certainly cause for optimism, the Convention still falls into some of the traps identified by postcolonial feminists. The Convention largely circumvents the stigmatising risks that arise from framing certain VAW forms primarily as a problem of some ‘cultures’. Yet dangers linger in the Convention’s approach to ‘honour’ as an unacceptable justification for VAW. Inherent (...) risks also remain in the vulnerability frame through which the Convention views migrant, refugee, and asylum-seeker women. Applied uncritically, these approaches risk re-inscribing images of inherently powerless women victimised by their non-European ‘cultures,’ reminiscent of colonial times. (shrink)

Expressive terms (damn, fuck, bastard) are said to convey speakers’ attitudes and feelings. These can be positive or negative, depending on the context. In this paper, I focus on the property of expressives that I take to be of the most importance: descriptive ineffability. Descriptive ineffability is a property of expressive terms for which no suitable descriptive paraphrase can be found that captures the full meaning of the expressive. In the face of arguments that attempt to show either that descriptive (...) terms also carry this feature or that expressives (at least in some instances) can be effable, I defend the idea that descriptive ineffability is unique to expressives. I end the paper by considering what descriptive ineffability can teach us about expressive terms. (shrink)

Slurs derogate individuals based on their belonging to some demographic group, for example, race, sexuality, class, and so on. This chapter observes ‘reclaimed’, ‘restricted’, and ‘standard’ uses of slurs and proposes a semantic account which accommodates each type of slurring. The view proposed—Expressive-Property Contextualism—explains the similarities and differences between a wide array of slurs and demonstrates that the mechanism by which slurs derogate is virtually the same in all uses.

Este trabalho pretende analisar a implementação do Art. 26-A (Lei 9394/96), na escola pública brasileira, buscando contribuir com os debates sobre os desafios que impedem a presença ou não da cultura africana, afro-brasileira e indígena, nos currículos escolares. Analisamos que os pensamentos se transformam em práticas de governamentalidade, para a qual a geopolítica associa-se ao biopoder, catalisando estratégias de controle social. Nesta questão, valemo-nos do conceito da colonialidade do poder para discutir as identidades demandadas e articuladas, e de como o (...) racismo estrutural transita em suas várias dimensões. Assim, o percurso metodológico passa pela análise de artigos sobre o tema, tomando as publicações do ano de 2023, quando a legislação completa 20 anos. A leitura conduz ao pensamento racial de alguns intelectuais sobre a formação social brasileira, concluindo se manter uma prática pedagógica de homogeneidade social e cultural no espaço escolar. Nela, o mito da democracia racial está ainda vigorando como perspectiva histórico-cultural pós abolição da escravidão, engendrando assim uma geopolítica de longa duração, que se faz pela negação das identidades no cotidiano escolar e preservação da ordem social. (shrink)

The act of discrimination against the female sex is an undeniable phenomenon in virtually all human societies, though the severity varies from one society to another. It is against this backdrop that this paper is aimed at exposing the inadequate nature of the primogeniture rule of inheritance towards the female, as practised by the Esan people. The paper tests the validity of the logic on which the disinheritance of females rests, and discovers that it is invalid as it violates such (...) moral principles as the categorical imperative and utilitarianism, among others. It therefore advocates for possessive right for females for the sake of justice and equity. (shrink)

Giorgio Levi Della Vida (1886-1967) was not only an eminent Islamologist, he was also a man with solid roots in his own time. He taught in Naples and Rome, then for the ten years 1939-1948 at the University of Pennsylvania. He was one of the few university teachers who, when the oath of loyalty to the Italian fascist regime was introduced in October 1931, opted not to accept that act of submission. His memoirs, Fantasmi ritrovati, were published in 1966; (...) the book, now out of print, conjures up a tableau vivant of half a century of intellectual encounters in Italy and Europe between the wars. Among the portraits he paints there is the astounding story of those crucial days in June 1924 when the fascist government became a full-blown regime. This article presents extended extracts from that story. (shrink)

The present article analyses the so-called ‘crime of denial’ recently established in Article 1702 of the Lithuanian Criminal Code. It describes how this crime was introduced in the Lithuanian Law, and the reasons for its present form and challenges. The crime has been applied in two instances (Stankeras case and Paleckis case). The author discusses these two instances of application, critically reviews the arguments of the Prosecutor’s Office and of the court of first instance and shows that at least in (...) the first cases of application of this crime, its objectives and particularities are misunderstood. (shrink)

The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century the state (...) became almost the only subject that was able to wage a full-scale war. Nevertheless, already in the middle of the XXth century mercenarism has been reborn in Africa’s colonial and post-colonial wars. The end of the XXth century and the beginning of the XXI century witnesses an enormous rise of private security and military companies (PSMC) that are hired to perform different functions related to use of force not only by states, but also by other clients such as international organisations, transnational corporations, etc. A PSMC may be defined as a profit-seeking private enterprise, which is established according to the national law of the state and which is providing, on the basis of a contract, services directly or indirectly connected with the use of military force or its institutions whether in time of armed conflict or peace, notwithstanding how such company describes itself. International humanitarian law has no specific regulation of PSMC. Nevertheless, it would be erroneous to state that the activity of PSMC is not regulated, because international humanitarian law in any case, in one or another way, is applicable to the personnel of PSMC if it is engaged in armed conflict of either international or non-international character. (shrink)

In this study, the researchers investigated the relationships between character strengths and ethical engagement in online faculty. One of the ethical duties for higher education faculty is to engage in effective teaching practices. As online higher education becomes increasingly popular, online faculty also bear this duty. Numerous studies have shown that character strengths cultivate ethical behavior. Hence, we sought to determine the relationship between character strengths and ethical engagement in online faculty. Specifically, we focused on intellectual character strengths, interpersonal character (...) strengths, and emotional character strengths because of their relevance to online faculty’s teaching practices. Through correlational analyses, we learned that interpersonal and emotional character strengths were positively and moderately related to ethical engagement, whereas intellectual character strengths were weakly related to ethical engagement. The findings of this study provide insight into online faculty’s character strengths and ethical engagement. However, further research is needed to understand the role of character strengths and ethical engagement in promoting effective teaching practices in online higher education classrooms. (shrink)

The research hypothesis is that language impacts the way we understand and define animal body. The article analyses the relationship between language, body and signification. The second hypothesis is that a gaze and a phenomenological relationship with animals can open up a dialogical relationship with animals. Later, the article investigates certain case studies of animal bodily experience starting from animal representations in our world, zoo animals, animal cloning to human bodily relationship with pets which is impacted by the capitalist system. (...) The article is using the phenomenological approach of M. Merleau-Ponty as a research method which emphasises the importance of the experience of animals and their representations from a corporeal perspective. M. Merleau-Ponty’s phenomenological method focuses on the lived experience of the body as central to our understanding of the world. The hypothesis of the research is that animals are viewed from a corporeal perspective from the human point of view and that humans humanise the animals. The research’s results prove that language forms the way we understand animals from bodily experience because it creates a narrative and a way of prehension of the animal body. Secondly, representations of animals in our daily life create a humanised view of animals which is a non-realistic depiction of animals. Finally, the article reveals that M. Merleau-Ponto phenomenology helps to create a connection between animals and humans, creating a realistic relationship between humans and animals. (shrink)

El objetivo fue realizar una reflexión analítica sobre la investigación formativa, las estrategias de enseñanza para la investigación en las aulas universitarias. Estudio descriptivo, analítico- interpretativo; utilizando el análisis documental de bases digitales, revisión bibliográfica. Conclusiones: La investigación formativa es un proceso esencial para la formación profesional, las estrategias de enseñanza de la investigación hallados son; el aprendizaje basado en problemas, el aprendizaje colaborativo con enfoque socioformativo, seguidos de la monografía investigativa, el aprendizaje por descubrimiento y semilleros de investigación. Finalmente, (...) es necesario promover una cultura investigativa donde prevalezcan los aspectos básicos para la formación de investigadores desde el pregrado. (shrink)

In this article I issue a challenge to philosophers engaged in constructing logical languages. Formal languages that have had a great influence on various areas of philosophy have ineffable statements that arise from metaphysical assumptions, thus limiting what we can do with them. I deal with two cases. The case of Frege known as “The paradox of the concept horse”, and that of Kripke that is not as famous as the Fregean problem, which I call “The necessary bearing of the (...) name.” I briefly develop each case and show that together they give us sufficient evidence of the limits of what we can do with logic when the formal systems employ unexamined metaphysical assumptions. (shrink)

A literatura negra feminina é pouco utilizada no contexto escolar da educação básica. Entretanto, ela pode provocar reflexões acerca das desigualdades sociais e do papel da mulher negra na sociedade brasileira. Assim, este artigo objetiva refletir acerca da relevância da literatura de Conceição Evaristo no panorama social e acadêmico, pois seus contos abordam a representação do feminino a partir de mulheres negras e denunciam as hierarquias quanto aos papéis de gênero em uma sociedade marcada pelo patriarcalismo. Portanto, tomaremos como aportes (...) teóricos a Lei 11.645/08 e as reflexões de estudiosos como: bell hooks (2017) com a educação transgressora; Kabengele Munanga (2008) com a problematização do racismo em sala de aula; Miriam Alves (2011) com o rompimento de estereótipos; Djamila Ribeiro (2021) com o lugar de fala para romper com o silenciamento, entre outros. A metodologia é um relato de experiência com roda de conversa sobre o conto “Isaltina Campo Belo”, de Conceição Evaristo (2016), inserido no livro Insubmissas lágrimas de mulheres, com a 1ª série do ensino médio em uma escola pública. Logo, a atividade de leitura com literatura negra feminina, no contexto educacional, pode levar o estudante à reflexão de inclusão ou exclusão no panorama literário afro-brasileiro e africano. (shrink)

The origins of the legend of Anju and Zushio, children cruelly torn from their mother and sold to Sansho, are lost in the Middle Ages, but it was “Ôgai” Mori Rintarô who gave it literary status when he published the historical tale Sansho dayu in 1915. The analysis details the important symbolic role played by birds in freedom and the hunting of birds. The bird, symbol of freedom and autonomy. In parallel, an antagonism, the hunting of birds. Death and the (...) bird complement a bipolarity of symbolic content present throughout the work. (shrink)

Child-to-parent violence has dramatically risen in the last decade, becoming a concerning issue in many countries, so research on this issue has also increased. However, most of the studies on this topic have been conducted with samples of adolescents, and very few with samples of parents. In addition, the variety of assessment instruments does not reflect the elements of this type of violence. Thus, the current study was aimed to examine the factor structure, reliability, and validity of the Child-to-parent Violence (...) Questionnaire, parents’ version, in a sample of Spanish parents of adolescents. Moreover, the prevalence rates of the different types of violence and the reasons for violence were also examined. A total of 1,012 Spanish parents of adolescents aged between 12 and 17 years old were assessed using the CPV-Q-P. Data indicated a matrix of four factors with 14 items, assessing psychological violence, physical violence, financial violence, and control/domain over parents, and two factors with 8 items capturing the reasons for child-to-parent violence, with adequate psychometric properties. The more frequent type of violence was control and domain over parents, followed by psychological, financial, and physical violence, with no significant differences between mothers and fathers. Otherwise, instrumental reasons were more frequent than reactive types, with no differences between mothers and fathers. The CPV-Q-P is a useful instrument to assess child-to-parent violence from the parents’ perspective in both professional and research settings. (shrink)

In this paper I explain the principle of tolerance in a double aspect, reference to truth and to the individual. Tolerance is diferent from another similar concepts and we analyze some socials paradoxes that the tolerance brings. In the base of tolerance is respect to the truth and to the individual. For that reason, the studyof the concept of respect as the fundament of tolerance is the sustain in which the real solidarity an peace are establish.

The present article discusses the broadening of the concept of genocide in Lithuanian national criminal law with regard to the principle of nullum crimen sine lege. The broadened definition, which includes two groups, social and political raises serious problems when the national provisions on genocide are applied retroactively. However, in the case of Lithuania, such a broadening of the definition may be interpreted not as an introduction of distinct independent groups, but of groups that closely overlap with the groups defined (...) by the UN Genocide convention of 1948. The article suggests that potential problems with the principle of nullum crimen sine lege may be avoided by qualifying crimes against the Soviet regime as crimes against humanity. (shrink)

The present article discusses a well-known religious philosophical and partially legal doctrine of the “Just war”, developed in the Christian tradition by St. Augustine, St. Tomas Aquinas, Francisco de Vittoria, Francisco Suarez, Hugo Grotius and many other thinkers. The main thesis of the doctrine is that war will be just only if it corresponds to certain criteria, such as autoritas principi (waged by the sovereign), justa causa (on just aim) and with recta intentio (animus) or the aim and will to (...) wage war in order to restore justice and not because of personal hate, revenge, lust for glory, etc. However, the impact of the doctrine was not limited by the Middle Ages and the Christian philosophic discourse. This doctrine shaped both emerging international law and international humanitarian law in one or another way. Even though it did not survive intact through the changing reality of the world, it is not so hard to trace the reflections of this doctrine even in contemporary international law. For example, while evaluating the armed conflict we still use the autoritas principi principle (armed conflicts may be fought only by defined subjects such as states or militarily - politically organised dissidents), moreover, when we are dealing with the concept of combatancy, the same principle applies in establishing whether a person is a legal fighter in the conflict or not, because his status directly stems from his belonging to the party of the conflict. With its strictly limited possibilities to use force, the contemporary jus contra bellum also somewhat resembles the doctrine, not only in the sense of justa causa (such as a possibility of unilateral use of force by the state only in self-defence) but also in recta intentio (e.g. the United Nations Security Council may order the use of force only with the intention to re-establish peace). Therefore, even though the doctrine is the product of the Middle Ages thought, it is not forgotten in our days. The possible military strike against Iran in order to stop it from developing nuclear weapon is already discussed in the light of this doctrine. Moreover, authors (though mainly not lawyers) discussing inadequacies of current international legal framework for the use of force (e.g. the need for humanitarian intervention) find their inspiration in the doctrine. (shrink)

The present article is a subjective commentary on the case Kononov v. Latvia dealt by the European Court of Human Rights, in particular drawing attention to the Courts intention not to regard context of the case as important for the substantial issues. Author considers this approach in a bigger picture of clash of historical and legal paradigms of the heritage of the Second World War in different countries (namely, Western Europe, Russia, the Baltic States). Author also discusses what impact Kononov (...) case might have on Soviet crimes prosecution in the future. (shrink)

Superior responsibility has been a widely recognised form of responsibility for omission in both treaty and customary international law. Superiors are held responsible for the acts of their subordinates when they fail in fulfilling their duties to prevent or punish crimes of subordinates. Duties to prevent and punish arise only after the superior knows about the subordinate’s crimes or has a reason to know about it. ‘Has a reason to know’ is a form of constructive knowledge and could be defined (...) as absence of actual knowledge about subordinates’ crimes where that knowledge should exist because of information available to the superior from the content of which it could be easily concluded that there is a possibility that subordinates intend to commit, are committing or have already committed crimes and the lack of that knowledge is a cause of willful disregard of his duties or at least disregard based on gross negligence. (shrink)