The article deals with a specific type of contract that an heir is entitled to conclude—the transfer (or sale) of the rights of succession. As a starting point, the author of the article analyses the formation and further development of the transfer of succession as a whole (hereditas) in the Roman law. Two major proceedings used by Roman lawyers for the purposes of the alienation of hereditas are analysed, one being in iure cessio hereditatis and the second taking the (...) form of emptio venditi hereditatis. The interrelations between this kind of transfer and the recognition of the possibility of the assignment of rights (cessio) under the Roman law are pointed out. The author traces the impact of the principles developed by the Roman law on the legal regulation of the contract in question in modern codification by drawing attention to the French Civil Code and the Civil Code of Quebec. The author states that the legal rules on the sale of the rights of succession contained in the new Lithuanian Civil Code adopted in 2000 have been transposed, to a large extent, from the two abovementioned codes. After analysing the object of this contract, the author concludes that it is the sale of a certain incorporeal property (res incorporales) that is meant by the terms ‘succession’ (hereditas) or the ‘rights of succession’. This feature distinguishes the analysed contract from the ordinary contracts that an heir may conclude for the purposes of the alienation of specific objects making part of the succession. (shrink)

A number of authors from Grotius onwards have proposed that a binding promise transfers a right from promisor to promisee. The promisee now has the right, previously possessed by the promisor, to determine whether the promisor performs the act mentioned in their promise. This proposal runs into problems of detail. The chapter first reformulates the theory so as to avoid these problems. It then considers a more fundamental difficulty raised by Hume and argues that the reformulated theory succumbs to Hume’s (...) critique. The point is illustrated by way of a detailed discussion of the difference between consent and choice. Finally, a new theory of promising based on the idea of an authority interest is proposed. (shrink)

This article discusses two issues of majority-minority relations in deeply divided societies. The first is the legitimacy of the transfer of a homeland minority — along with the territory it inhabits — to a neighboring kin-state against the will of the minority or most of its members. The second is the constitutional validity of legislation that renders citizenship or the right to vote contingent upon an oath of allegiance to the state or to its fundamental attributes. These two interrelated steps, (...) advanced by a central partner in the current government coalition in Israel, are aimed at the Arab-Palestinian minority. This article’s main focus is the examination of Israeli constitutional law safeguards that may prevent the implementation of these initiatives, which I find to be very dangerous. (shrink)

The objective of this works in to analyze the conditions of transference of sovereignty and the concept of natural liberty in William of Ockham. Firstly, I briefly explain some antecedents of the conflict of ‘investidures’. Secondly, I will show that Ockham advanced the existence of a set of natural rights hold by the community. This permitted to argue against the Papal interference in the secular sphere, but also to set limits to the emperor himself and grant the individual with (...) natural rights. Thirdly, I explain the differences between ius fori and ius poli and I suggest that Ockham did not provide point of contact between these laws, excepting in the case of liberty. Finally, I revise briefly Ockham’s term translation imperii. (shrink)

The entrenchment of a bill of rights, and the consequent removal of the matters covered in the bill from the domain of the legislature, is commonly thought to constitute a transfer of power from the legislature to the courts. Yet the simple answer to this thought is that, strictly speaking, no such transfer takes place, for in acquiring power to determine the content of a bill of rights the courts do not acquire the power to legislate that the (...) bill denies to the legislature. The more complex response is that what the courts acquire when a bill of rights is entrenched is the power to set a constitutional agenda, a power that the legislature may never have had and so has not necessarily lost, a power the political significance of which depends on the form and content of what is entrenched and the value and character of the power it leaves in the hands of the legislature. In particular, the entrenchment of a project of governance (as typified by the positive duties conventionally associated with economic and social rights) raises concerns about the power exercised by courts that are not raised by the entrenchment of a project of non-governance (as typified by the negative duties conventionally associated with civil and political liberties). Non-governance may be objectionable, but not because the courts secure it. Governance, however, may be objectionable just because the courts secure it. (shrink)

Prism Adaptation is a useful method to study the mechanisms of sensorimotor adaptation. After-effects following adaptation to the prismatic deviation constitute the probe that adaptive mechanisms occurred, and current evidence suggests an involvement of the cerebellum at this level. Whether after-effects are transferable to another task is of great interest both for understanding the nature of sensorimotor transformations and for clinical purposes. However, the processes of transfer and their underlying neural substrates remain poorly understood. Transfer from throwing to pointing is (...) known to occur only in individuals who had previously reached a good level of expertise in throwing, not in novices. The aim of this study was to ascertain whether anodal stimulation of the cerebellum could boost after-effects transfer from throwing to pointing in novice participants. Healthy participants received anodal or sham transcranial direction current stimulation of the right cerebellum during a PA procedure involving a throwing task and were tested for transfer on a pointing task. Terminal errors and kinematic parameters were in the dependent variables for statistical analyses. Results showed that active stimulation had no significant beneficial effects on error reduction or throwing after-effects. Moreover, the overall magnitude of transfer to pointing did not change. Interestingly, we found a significant effect of the stimulation on the longitudinal evolution of pointing errors and on pointing kinematic parameters during transfer assessment. These results provide new insights on the implication of the cerebellum in transfer and on the possibility to use anodal tDCS to enhance cerebellar contribution during PA in further investigations. From a network approach, we suggest that cerebellum is part of a more complex circuitry responsible for the development of transfer which is likely embracing the primary motor cortex due to its role in motor memories consolidation. This paves the way for further work entailing multiple-sites stimulation to explore the role of M1-cerebellum dynamic interplay in transfer. (shrink)

The study is designed to examine the perceptions of Chinese executives of corporate social responsibility (CSR) and to explore possible strategies by which well-established foreign multinational enterprises can carry out their CSR in China. The interviewees’ interpretation of CSR is found to be oriented toward internal operations of the Chinese subsidiaries and economic responsibility. Many interviewees have the classical view of CSR, while headquarters has the modern view. The main problems of implementing CSR are: specific Chinese business culture, intellectual property (...) rights, internal due process, and insufficient Chinese government support. It is recommended that socialization of Chinese executives about CSR be accomplished through personnel transfer among various functional areas in the corporate system, the development of a just organizational culture in the Chinese subsidiaries, and collaboration with external partnersthat advocate CSR. (shrink)

The received view in Thomas Hobbes scholarship is that theindividual rights described by Hobbes in his political writings andspecifically in Leviathan are simple freedoms or libertyrights, that is, rights that are not correlated with duties orobligations on the part of others. In other words, it is usually arguedthat there are no claim rights for individuals in Hobbes''s politicaltheory. This paper argues, against that view, that Hobbes does describeclaim rights, that they come into being when individuals conform (...) to thesecond law of nature and that they are genuine moral claim rights, thatis, rights that are the ground of the obligations of others to forebearfrom interfering with their exercise. This argument is defended againstboth Jean Hampton''s and Howard Warrender''s interpretations of rights inHobbes''s theory. The paper concludes that the theory of rightsunderlying Hobbes''s writing is not taken from Natural Law but isprobably closer to a modern interest theory of rights. (shrink)

The transference of knowledge which takes place in various Islamic educational systems, from basic to higher education, is mostly normative and happens doctrinally, giving little space for reinterpretation. Higher education, which is expected to bring about progress, often fails under these circumstances, with its strong tendency to preserve classical Islamic traditions without alteration. This problem is clearly discerned at the Faculty of Islamic Law within Islamic universities in Indonesia, which has a strong reputation for dealing with, as well as the (...) authority to deal with, social and theological issues in Indonesia. The existing Islamic law curriculum, which is based solely upon classical Islamic thought, precludes the emergence of transformative solutions to modern problems. The author takes the view that curriculum reform is imperative, and has produced this document whose aim is to promote and improve the teaching of human rights in the Islamic University in Indonesia. This project adapted the principles of Participatory Action-Reflection Research, which combines action, reflection, participation and research. Several bottlenecks inhibiting effective teaching of human rights were identified and the author has made recommendations on how they might be removed. This project is designed to be a pilot project in developing Human Rights Education in Islamic higher education in Indonesia. (shrink)

This article aims to analyze the legal regulation of performers’ rights in Lithuania. Analysis is divided in two parts: the first part analyses performers’ economic rights by comparing them to the authors’ economic rights and the legal regulation of performers’ rights in foreign countries; the second part of article focuses on the different content of performers’ economic rights due to the mean of fixation of performance (unfixed performance, performance fixed to the phonogram, audiovisual fixation of (...) performance). Analysis of the Lithuanian legal regulation on performers’ economic right has shown that although Copyright Law of Lithuania in general complies with international and EU acts governing performers’ rights, four main fields of legal regulation need to be revised. Firstly, Copyright Law should provide that when concluding an agreement concerning an audiovisual fixation of his performance with a producer of audiovisual work the performer transfers his exclusive rights to the producer, the performer shall retain an unwaivable right to receive an equitable remuneration for every transferred exclusive right. Secondly, the legal definition of phonogram published for the commercial purposes should be provided in the Law on Copyright of Lithuania. (shrink)

This article argues that the dominant “nonconventionalist” theories of promising cannot account for the moral impact of two basic commercial practices: the transfer of contractual rights and the discharge of contractual debt in bankruptcy. In particular, nonconventionalism’s insensitivity to certain features of social context precludes it from registering the moral significance of these social phenomena. As prelude, I demonstrate that Seana Shiffrin’s influential position concerning the divergence between promise and contract commits her to impugning these features of the modern (...) economy. Finally, I examine the importance of promising for friendship and why we resist the commodification of promissory rights in this domain. (shrink)

The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially important principles (...) of technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application. (shrink)

Contemporary legal and political discourse includes three different models of minority groups. The outsider group model is applied to groups defined by status that experience political and economic disadvantages, plausibly attributable to that status, which are regarded as unjust. The adversity group model is applied to groups defined by their relationship to a discrete decision or event that imposes disproportionate losses on the group, which are regarded as unjust. And the transfer group model is applied to groups defined by a (...) shared interest that are differentially advantaged in obtaining benefits from the political system, which are regarded as unjust. This paper argues that with respect to a number of contestable policy questions involving minority groups - such as affirmative action and the NIMBY syndrome - proponents of the group employ the outsider group model, opponents apply the transfer group model, and centrist politicians and judges prefer the adversity group model. It further argues that the model adopted in doubtful cases will have a strong influence on our preferences for different constitutional structures. One who inclines toward the outsider group model will favor a Rawlsian constitution with strong judicial enforcement of a bill of rights; one who favors the adversity group model will prefer a liberal constitution with few deviations from majority rule; and one who gravitates toward the transfer group model will be drawn to a Madisonian constitution that seeks to frustrate group demands in favor of consideration of diffuse majority interests. Der Beitrag beschreibt drei verschiedene Modelle, die in der gegenwärtigen juristischen und politischen Diskussion benutzt werden, wenn es darum geht, mit Bezug auf Minderheitsgruppen zu argumentieren. Das "Außenseiter-Modell" definiert eine Gruppe durch ihren Status und durch die politischen und wirtschaftlichen Nachteile, die die Gruppe offensichtlich aufgrund dieses Status erleidet und die als ungerecht angesehen werden. Das "Sonderopfer-Modell" definiert eine Gruppe durch ihre Relation auf eine konkrete Entscheidung oder einen konkreten Vorfall , der dieser Gruppe unverhältnismäßig hohe Verluste auferlegt, die als ungerecht angesehen werden. Das "Transfer-Modell" schließlich definiert eine Gruppe durch ein gemeinsames Interesse und durch das ausgeprägte Vermögen, vom politischen System Vergünstigungen zu erlangen, die als ungerecht betrachtet werden. Der vorliegende Beitrag zeigt, daß eine Reihe von strittigen Fragen der Politik, die einen Bezug zu Minderheitsgruppen aufweisen - z.B. "affirmative action" und das "NIMBY-Syndrome" -, in der Weise behandelt werden, daß Fürsprecher einer solchen Gruppe das "Außenseiter-Modell" gebrauchen, Gegner der Gruppe das "Transfer-Modell" anwenden und Politiker der Mitte und Richter das "Sonderopfer-Modell" bevorzugen. Darüber hinaus wird gezeigt, daß das Modell, das sich jemand angesichts umstrittener Sachverhalte zu eigen macht, einen starken Einfluß auf seine Vorlieben für bestimmte Verfassungsstrukturen ausübt. Wer dem "Außenseiter-Modell" zuneigt, wird für eine Rawls'sche Verfassung mit strikter, gerichtlich gewährleisteter Durchsetzung eines Grundrechtskatalogs eintreten; wer das "Sonderopfer-Modell" befürwortet, wird eine liberale Verfassung mit nur wenigen Abweichungen vom Mehrheitsprinzip vorziehen; wer zum "Transfer-Modell" tendiert, wird sich zu einer Madison'schen Verfassung hingezogen fühlen, die danach trachtet, Forderungen einzelner Gruppen zugunsten der Berücksichtigung diffuser Mehrheitsinteressen zu durchkreuzen. (shrink)

Addresses the issue of transference from a Lacanian perspective and discusses the implications which transference has in working with criminal clients. The article begins by briefly discussing the constitution of Lacanian subjectivity which includes a discussion of J. Lacan's concepts of the imaginary and symbolic orders. The idea of transference is then situated between the play of the imaginary and symbolic orders which constantly asks the question, what does the Other want. This question is especially important in the therapeutic work (...) with criminal Ss, and reveals certain countertransference possibilities which when left unexplored, can greatly threaten the success of the treatment. 2012 APA, all rights reserved). (shrink)

Event synopsis: The conference becomes a major academic event for republican studies in Russia and a meeting point with the leading European scholars in this field. In recent decades republicanism has become one of the central concerns in political theory and history, with studies exploring both republicanism as ‘a shared European heritage’ and reviving republican political thought to contribute to current debates on issues such as freedom, citizenship, equality, governance and international relations. Republicanism has been the topic of many seminars (...) at the European University at St. Petersburg (EUSP) and the European University Institute (EUI) in Florence. This time the conference focuses on the history of republican institutions, both in terms of ‘political thought’ and ‘cultural practices’. The emphasis of the conference is on the study of late medieval, early-modern and modern republican debates in Europe and North-Western Russian regions. The conference explores the institutional structures of city-republics in comparative perspective as well as the dynamics of relations between these entities in terms of cultural and intellectual exchange. The cross-cultural and comparative perspective of the conference asks for studies focusing on the transfers of knowledge and practices between city-republics and other regional powers, their shared heritage and diverging cultural and national trajectories. The conference wants to explore a variety of topics related to the functioning of economic, legal and political institutions devised to sustain non-authoritarian regimes. These can include studies of material artifacts and official documentation as well as studies of republican political thought reflecting on the internal constitution of republics and the differences with the ‘despotic’ governments. An important aim of the conference is to set up a new research network, bringing together scholars from different disciplinary and methodological backgrounds, including diverse strands of history, conceptual history and political theory. The aim is to initiate a systematic comparison of Western, Northern and Eastern European republics at conceptual and institutional levels. (shrink)

_ Source: _Page Count 18 There are two ways to transfer a bodily right. One might transfer a bodily right in a detaching way – that is, without transferring jurisdiction over one’s future bodily choices. Alternately, one might transfer a bodily right in an attaching way – that is, in a way that transfers such jurisdiction. For instance, A might sell his kidney to B for money paid at the time of the transplant. Alternately, A might accept money now, agreeing (...) to give up his kidney some time down the road. In the latter case and not the former, B acquires normative jurisdiction over A’s future bodily choices. In this paper I will argue that the distinction between attaching and detaching transfers of bodily rights has implications regarding whether certain contracts and agreements should be legally enforced – and whether problems arise when the moral and legal transferability of these rights comes apart. (shrink)

Directive 96/9/EC of the European Parliament and of the Council on the legal protection of databases of 11 March 1996, which was intended to protect the interests of the makers of databases, determined that databases could be protected by double rights: copyright and sui generis right. The article first of all analyses what persons are entitled to be acknowledged as holders of copyright and sui generis right in respect of a newly created database. As the issue of the owner (...) of copyright is not regulated by the 1996 Directive, this is determined by the application of national provisions. Pursuant to the Law on Copyright and Related Rights of the Republic of Lithuania, the owner of copyright may mean, depending on the situation, a natural person – the author of a database or a group of authors, the holder of the right to a collective work, or an employer. The analysis presented in the articleindicates that predominantly it is the author (authors) of a database who is held to be the owner of the copyright. Courts tend to interpret the rule concerning the transfer of copyright to the employer in a restrictive way; besides, in accordance with the specifics of the Lithuanian legal regulation, economic rights are transferred to the employer only for the period of 5 years. The category of collective work is of a subsidiary character and may be applied only in exclusive cases. Therefore, when a database is created upon the commission of another person, including the employer, the customer is expected to form a written agreement where the transfer of economic rights to the customer is clearly defined. (shrink)

Corporate governance delivers feasible and controlled company operations using a group of common shareholders and appropriate policies. The roles and responsibilities of the shareholders suggest and improve corporate development through monotonous and independent rights. The implication of artificial intelligence provides knowledgeable insights for decision-making and control management. This article introduces a Mutual Consent-based Governance Regulation Model for dissimilarity mitigation in corporate rule implications. The proposed model exploits transfer learning for balanced rule implication and decision-making. The learning states are defined (...) based on mutual agreement, individual interest, and operational features. Based on the governance policies, the above rules are employed without hindering the pioneer regulations implemented in different periods. Therefore, artificial intelligence technology is utilized for prompt and swift governance decisions in delivering special rights for consumers and shareholders. The performance of this model is validated and verified using data sources related to governance policies from a real-time industry. The impact of varying policy features with dissimilarity is analyzed for varying occurrences. The analysis is given based on the considered data sources for which the classification and its impact over reports, sharing, voting, complaint, and market are analyzed. The availability before and after the proposed improves the above metrics by 10.48, 10.65, 9.78, 13.39, and 9.26%. (shrink)

The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred (...) embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered. (shrink)

This paper examines the Transference Theory of causation, developed originally by Aronson (1971) and Fair (1979). Three difficulties for that theory are presented: firstly, problems associated with the direction of transference and causal asymmetry; secondly, the case of persistence as causation, for example where a body's own inertia is the cause of its motion; and thirdly the problematic notion of identity through time of physical quantities such as energy or momentum. Finally, the theory is compared with the Conserved Quantity Theory (...) (Dowe 1992c), and it is shown that that account embodies the modifications that the transference theory needs to adopt. (shrink)

The Politics of Feminist Knowledge Transfer draws together analytical work on gender training and gender expertise. Its chapters critically reflect on the politics of feminist knowledge transfer, understood as an inherently political, dynamic and contested process, the overall aim of which is to transform gendered power relations in pursuit of more equal societies, workplaces, and policies. At its core, the work explores the relationship between gender expertise, gender training, and broader processes of feminist transformation arising from knowledge transfer activities. Examining (...) these in a reflective way, the book brings a primarily practice-based debate into the academic arena. With contributions from authors of diverse backgrounds, including academics, practitioners and representatives of gender training institutions, the editors combine a focus on gender expertise and gender training, with more theory-focused chapters. (shrink)

Many of the major self-determination movements of the 20th and early 21st Centuries did not go smoothly, but resulted in forced or semi-forced transfers of groups of people from one country to another. Forced population transfers are not, of course, supported by major theorists of self-determination and secession. However, the problems that make population transfers extremely common in actual cases of self-determination and secession, are not squarely faced in many theories of self-determination. And, I shall argue, certain leading theories of (...) self-determination and secession would make population transfers almost inevitable in practice, even if not called for or sanctioned in theory. This is a major stumbling block for any attempt to move from an abstract account of self-determination towards a working theory. In this paper I take a first step towards addressing this problem. I shall show how any approach to dealing with secession, including “primary rights” accounts, “remedial rights only” accounts, and even “consensual” accounts, must be able to deal with the inevitable problem of population transfers, if it is to be a complete and plausible theory. I shall also show how population transfers, to the extent that we can always expect them to take place, can be made as just as possible, in light of any approach to the problem of secession. I will not here attempt to adjudicate between different approaches to secession and self-determination. To that extent, my argument may be seen as a friendly addition to all of the above approaches, showing how they may try to meet an objection which they have not yet faced. (shrink)

Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational jurisdiction view—which (...) favours the transfer of sovereignty over natural resources from states to transnational institutions—on the other hand. (shrink)

The Civil Code of Lithuania re-established enterprise (business) as a self-sufficient object of civil rights and introduced several legal transanctions with it, the so- called asset deals (sale-purchase of enterprise and lease of enterprise). Since every transfer of enterprise comprises the transfer (delegation) of debts to the new owner, the legal regulation on asset deals must be orientated to the protection of creditors’ rights. However, the legal practice showed that the existing legal regulation regarding asset deals, in particular (...) the mechanism of the protection of creditors’ rights, is complex, and thus unappealing to legal practitioners. Therefore, this research focuses on an analysis of the legal regulation of the mechanism of the protection of creditors’ rights applicable to asset deals and its impact on the civil turnover of enterprise as an object of civil rights. In order to thoroughly examine the problem of the efficient mechanism of the protection of creditors’ rights, the national legal regulation is analysed in comparison to the legal systems of France, Germany and Russia. (shrink)

Entitlement theorists claim that bequest is a moral right. The aim of this essay is to determine whether entitlement theorists can, on their own grounds, consistently defend that claim. I argue that even if there is a moral right to self-appropriated property and to engage in inter vivos transfers, it is a mistake to contend that there exists an equivalent moral right to make a bequest. Taxing or regulating bequest does not violate an individual’s moral rights because, regardless of (...) whether bequest safeguards certain interests, those interests are not the interests of a living, morally inviolable being. Instead, they are the interests of a deceased entity that has lost the ability to track what it values and pursue projects in accord with those values – a quality that by entitlement theorists’ own arguments renders persons morally significant and deserving of rights in the first place. (shrink)

Libertarians famously contend that the minimal state is the most just social arrangement because it secures individual freedoms and basic political rights. They also oppose wealth transfer taxation, i.e. taxation of inheritances, bequests, and inter vivos gifts, arguing that it violates people's right to use their wealth freely. However, as I argue, libertarian opposition to wealth transfer taxation causes practical problems for their commitment to a minimal state, as there is strong empirical evidence demonstrating that wealth transfer taxation is (...) required to secure the political rights necessary for a free and stable society. In other words, I contend that without an effective wealth transfer tax, it will be difficult to ensure political rights and basic freedoms, thus leaving the libertarian minimal state in peril of collapse. (shrink)

Universities have long been involved in knowledge transfer activities. Yet the last 30 years have seen major changes in the governance of university–industry interactions. Knowledge transfer has become a strategic issue: as a source of funding for university research and (rightly or wrongly) as a policy tool for economic development. Universities vary enormously in the extent to which they promote and succeed in commercializing academic research. The identification of clear-cut models of governance for university–industry interactions and knowledge transfer processes is (...) not straightforward. The purpose of this article is to critically discuss university knowledge transfer models and review the recent developments in the literature on research collaborations, intellectual property rights and spin-offs, those forms of knowledge transfer that are more formalized and have been institutionalized in recent years. The article also addresses the role played by university knowledge transfer organizations in promoting commercialization of research results. (shrink)

The Build-Operate-Transfer (BOT) model is a financing model used especially in the financing of infrastructure projects in developing countries. It is one of the most common methods used by the countries to provide non-budgetary financing. The fact that becoming popular in the world as of the 20th Century, this model started to be implemented in the Islamic countries created the need for examining the model in terms of Islamic law. No substantive studies have been conducted on this matter in Turkey. (...) In the Arab world, the first significant development in this regard was the 23rd Term meeting of Al Baraka Group organized in Mecca in November 2002. Next, the Islamic Fiqh Community, which operates under the Organization of Islamic Cooperation, organized a meeting about the BOT model in 2009. At this meeting, ten experts from different countries presented papers on the BOT model, and a final declaration was announced at the end of the meeting. After this meeting, some independent studies were carried out on the BOT model. However, it was observed that these efforts did not reach a sufficient level, and generally remained within the framework of the papers presented at the meeting. The BOT model is a model that takes place in the form of the transfer of the facility to the relevant public institution or organization free of charge at the end of the period after the depreciation and profit of the invested capital are realized. All expenses are covered by the private enterprise. The public service or activity is operated for a certain period of time by the private enterprise. It was observed that the studies on the BOT model in Turkey mainly dated back to the last quarter of the Twentieth Century. In this context, the Law No. 3996 about the BOT model was enacted on 08 June 1994 in Turkey. Today, the BOT model is actively used in many areas, and the delivery of the service begins after the projects are completed. The BOT model has three main successive stages. In the first stage, the project is completed with the financing of OGS. In the second stage, the operating right of this project would be awarded to the investor in accordance with the contract. In the third stage, the ownership of the facility would be transferred to the relevant public institution. The BOT model was discussed in terms of Islamic law, firstly in general and then in terms of the interests and convictions. The BOT model contains many interests in terms of both the state and the society. In addition, it has certain disadvantages. There are many reasons and aims in selecting the BOT model. The most important of these reasons is the continuation of the projects and the required work without imposing a burden on the public budget. Islamic law has a structure that prioritizes public interest. In this context, the state must observe the public interest in its operations. In the BOT model, the existence of public interest is particularly notable with the projects implemented in the fields of hospitals, roads, bridges, airports and etc. Islamic jurists have different opinions regarding the contracts administered in the BOT model. Some of them consider this model as a new contract that does not exist in the tradition, while others compare it to a traditional contract. The analogies of the traditional contract have been compared to leasing, payment, foundation, fief, corporate (with partnership) and exception contracts. Others, on the other hand, considered the BOT model as an atramentous contract combining several different contracts. It seems difficult to argue that the BOT model is completely similar to any of the classical fiqh contracts. However, as a result of the BOT model, it is considered an agreement with a company to conclude a contract; therefore there is a more prominent similarity to an exception contract. Nonetheless, it is not possible to say that the BOT model fully complies with the traditional exception contract. As a matter of fact, while there is no time determination in the exception contract, the time is determined in the BOT model. In the exception contract, while the material must be completely covered by the private sector, in the BOT model, issues such as the right to land and building construction are covered by the employer. In addition, the classical exception contract does not contain many contracts as in the BOT model; and it is an agreement in which the fee is presented and terminated after the order is placed. Nonetheless, the BOT contract includes three basic contracts (construction-operation-transfer) as well as many contracts related to these contracts. Finally, considering that the BOT model was a contract, the issues in the context of the basic elements that should be included in a contract were discussed in this study. In addition, situations such as ignorance, gharar and interest in terms of affecting the validity of the contract were discussed and dealt with in terms of the BOT contract. (shrink)

In this short paper, we investigate the problems with the employment of the notion of freedom and voluntariness in libertarianism. We pretend to demonstrate that these two, as conceived of by libertarians, figure in as the main issue when it comes to justifying its major institutions, say: bequeathing, gifts, transactions (or what they label as “voluntary transfer”). The difficulty here boils down to the fact that a purely rights-based idea of freedom and voluntariness, the pretentions of Nozick notwithstanding, cannot (...) do alone, since it is the consideration whether we do something (e.g. bequeath, donate etc.) voluntarily (or freely) (in a non-moralized sense) that could account for the rights redistribution. Therefore, it seems that – at least sometimes – the notion of voluntariness (or freedom) is prior to the notion of rights. (shrink)

This chapter examines the institutions of a property rights system. It discusses the two ways for institutions of property to be developed: through explicit or implicit bargaining as individuals combine their bilateral and multilateral relationships into communities made up of people with shared values and through the use of “political means” entailing the threat to use violence as one individual or organized group takes scarce resources or the products of those resources from another individual or group through plunder or (...) conquest and extortion. Emphasis is placed on the fact that a positive analysis of the evolution of the institutions of property must account for the influence of the rules adopted voluntarily to facilitate cooperation and those that arise as part of an involuntary transfer process. (shrink)

A multitude of legislation impacts the use of samples and data for research in South Africa. With the coming into effect of the Protection of Personal Information Act No. 4 of 2013 in July 2021, recent attention has been given to safeguarding research participants’ personal information. The protection of participants’ privacy in research is essential, but it is not the only risk at stake in the use and sharing of personal information. Other rights and interests that must also be (...) considered and safeguarded include the right to non-discrimination, the right to dignity, and the right to enjoy the benefits of scientific progress. This can be achieved by ensuring that the ethical values and universal principles that underpin the research landscape, namely equity, reciprocity, justice and solidarity, are embedded in the regulatory framework for the management and use of personal information. This paper advocates an integrated bioethics approach to the use of personal information for research in SA. A key feature in embedding such an approach is a Data Transfer Agreement that appropriately integrates the safeguards and protections set out by our regulatory framework with bioethical rules and procedures when personal information is used and shared for research purposes. This paper thus calls for the development of a national DTA that is guided by key ethical principles when data are shared for research purposes. This paper will be followed by a webinar on 23 June 2022 hosted by the Department of Science and Innovation and the SA Medical Research Council, where the recommendations and suggestions set out herein will be unpacked, discussed and debated by relevant stakeholders. (shrink)

In this paper, I develop two philosophically suggestive arguments that the late Justice Stevens made in Citizens United against the idea that business corporations have free speech rights. First, (1) while business corporations conceived as real entities are capable of a thin agency conceptually sufficient for moral rights, I argue that they fail to clear important justificatory hurdles imposed by interest or choice theories of rights. Business corporations conceived as real entities lack an interest in their personal (...) security; moreover, they are incapable of exercising innate powers of choice. Second, (2) I argue that the structure and functionally individualized purpose of a business corporation—to increase value for its shareholders—undermines the implicit joint commitment necessary to derive corporate rights of free speech from non-operative shareholder-member rights. Since one cannot transfer innate moral rights such as free speech, any exercise of this right on behalf of another must be limited in scope. (shrink)

Though the authors of this commentary have deep felt doubts about the fruitfulness of Björkman and Hansson’s analysis of bodily rights, they do not doubt their capacity to develop both creative and provocative thoughtsIt is always welcoming to be confronted with thoughts that, even though one wholeheartedly disagrees with them, have the effect of stimulating one’s own reflections on matters, which without such confrontations, would have been less distinct, less critical—and we would gladly admit, less polemical. Thus it is (...) thanks to Barbro Björkman and Sven Ove Hansson’s article, “Bodily rights and property rights”, that we have been able to set our present course into these murky waters. The issue they want to address is by no means of a kind that lends itself easily to theoretical speculation. This has, perhaps, as much to do with the inherent intricacy of the issue itself as with the controversy it has managed to arouse. The issue is: is it possible to have ownership over one’s own body—that is, is it appropriate to treat the body and its components as property? What are the implications of conceptualising the body and its parts in terms of property? Should one, as a general rule, be able to sell and buy human biological material? If so, who should be allowed to buy and sell it? Does the sale or donation of one’s own bodily parts imply a transfer of ownership rights to the buyer or receiver, or is it rather that ownership of human bodily parts can only be acquired after the material has been, say, manipulated in a laboratory?Contrary to Björkman and Hansson, who see “the primary normative issue” to be “what combination of rights a person should have to a particular item of biological material”, we believe that their decision to construe …. (shrink)

With biobank research on the increase and the history of exploitation in Africa, it has become necessary to manage the transfer of human tissues across national boundaries. There are many accepted templates of Material Transfer Agreements that currently exist internationally. However, these templates do not address the specific concerns of South Africa and even of Africa as a continent. This article will examine three significantly important ethico-legal concepts that were deliberated and carefully adapted by a South African Institution to suit (...) the transfer of Human Biological Materials and associated data for biobank research, namely: informed consent; benefit sharing arrangements; and ownership together with intellectual property rights in human tissues. The discussion includes an analysis of current practice; the ethico-legal challenges in the South African/African context; the decisions made with regard to how the related ethico-legal challenges were addressed in the MTA; and justifications for implementing these decisions. The processes considered could be of benefit to other developing world countries who consider it necessary to manage the transfer of HBMs across national boundaries. (shrink)

Research ethics regulation in parts of the Global North has sometimes been initiated in the face of biomedical scandal. More recently, developing and recently developed countries have had additional reasons to regulate, doing so to attract international clinical trials and American research funding, publish in international journals, or to respond to broader social changes. In Taiwan, biomedical research ethics policy based on ‘principlism’ and committee- based review were imported from the United States. Professionalisation of research ethics displaced other longer-standing ways (...) of conceiving ethics connected with Taiwanese cultural traditions. Subsequently, the model and its discursive practices were extended to other disciplines. Regulation was also shaped by decolonizing dis- courses associated with asserting Indigenous peoples’ rights. Locating research ethics regulation within the language and practices of public policy formation and transfer as well as decolonization, allows analysis to move be- yond the self-referential and attend to the social, economic and political context within which regulation operates. 研究倫理規範甚至法制化的濫觴,過去在有些北美國家是為了回應其國內發生的醫學研究倫 理醜聞。但近年來,無論是發展中或已開發國家,往往是為了爭取國際醫學臨床試驗計畫能在 其國內執行、爭取美國相關研究經費、能在英語的國際期刊發表文章、或是因應國內相關社會變化。 以台灣來說,基於「原則主義」的醫學領域之研究倫理政策及規範,以及在研究機構內成立 委員會專責倫理審查的運作模式,可說完全移植自美國。這種運作模式及研究倫理的專業化, 不但逐漸取代過去已融合台灣文化的研究倫理觀쳀,且在這種運作模式下的倫理論述及實作, 更從醫學領域擴展至其他研究領域。在此同時,台灣的研究倫理規範之發展,也受到台灣原住 民族的去殖民化及群體權主張等影響。. (shrink)

Daniel Halliday examines the morality of the right to bequeath or transfer wealth, and argues that inheritance is unjust to the extent that it enhances the intergenerational replication of inequality, concentrating opportunities in certain groups. He presents an egalitarian case for imposition of a significant inheritance tax.

In this paper we return to Ronald Giere and his claim that history of science as a discipline cannot contribute to philosophy of science by providing, partial or whole, solutions to philosophical problems. Let us suppose that Giere was right. Would the implication be that there can be no genuine interdisciplinarity between the two disciplines? In answering this question it is first suggested that connections between disciplines can be formed around the transfer and sharing of problems ; and that this (...) is a viable alternative of how to understand the relationship between history and philosophy of science. Next we argue that this is sufficient for establishing a genuine form of interdisciplinarity between them. An example is presented—Lindley Darden’s book on theory change—that shows how philosophy of science can rely on history of science in this way. (shrink)

The theoretical and philosophical assumptions underlying our psychological practices greatly affect the ways that clinicians in the mental health field go about their work and to some extent how successful at it they are. This paper attempts to illustrate this by describing how a careful and systematic look at the underlying philosophical presuppositions surrounding the concept of transference yielded clear clinical benefits to my own practice of psychotherapy. More specifically, by contrasting the philosophical paradigm implied in the classical definitions of (...) transference with that of an alternative, phenomenologically-based model my understandings of the clinical phenomena in question were allowed to develop in new ways--ones which feel truer to the actual experiences in question and ultimately more helpful. 2012 APA, all rights reserved). (shrink)

Background: Since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948, human rights as set out in government documents have gradually changed, with more and more power being transferred to individual. Objectives: The aim of this article is to analyze how the position of the patient in need of care is constructed in Norway’s renamed and revised Patients’ and Service Users’ Rights Act (originally Patients’ Rights Act, 1999) and published comments (...) which accompanying this legislation from the Norwegian Ministry of Health and Care Service. Research design: A constructivist design was used, and Fairclough’s critical discourse approach was adopted to analyze the text of the Patients’ and Service Users’ Rights Act and comments. Findings: The analysis identified three discourses: (a) political discourse, containing ethical discourses about priority and economy, in which patients are constructed as powerless individuals; (b) expert discourse, containing a theme about patients’ trust in the healthcare team and its knowledge, in which patients are constructed as helpless individuals lacking knowledge; and (c) patient participation and patient autonomy discourse, containing ethical discourses about decision-making, in which patients are constructed not only as individuals with needs and rights but also as “troublesome.” Conclusion: Dominant paternalistic discourses in the legal text validate the power of medicine, the healthcare system, and heath personnel over the needs, rights, participation, and autonomy of the patient. (shrink)

This paper is concerned with the principles of adjudication (diiudicatio, Beurteilung) and execution (executio, Ausübung) in the notes of Kant’s lectures on natural right (“Feyerbend’s Natural Right”). In this manuscript these principles are used as a binary scheme twice, each time in the introduction to the first chapter. To explain the meaning of these concepts I use other cases of their use in Kant’s philosophy. I have established that they are used as a pair only in the notes of various (...) lecture courses and in rough drafts. The majority of these uses occur in the pre-critical period. In the critical period they can be encountered only in the first half of the 1780s. The latest case occurs in “Feyerabend’s Natural Right”. More often than not these terms are used in moral philosophy. Here they have two main meanings: the principle of adjudication corresponds to the objective foundation of volition, whereas the principle of execution points to the objective foundation; to adjudicate moral duty reason alone is enough, to execute it external (divine) will needs to be posited. The research has established that Kant borrows these concepts from the lecture course on logic where their main meaning is different: the principle of adjudication serving to determine theoretical cognition and the principle of execution, practical cognition. The source of the transformation that occurred in transferring these concepts to the sphere of moral philosophy is Meier’s Compendium. The pair is not used in it but the separation of knowledge into theoretical and practical is present. Meier defines practical knowledge as knowledge that can affect volition. “Feyerabend’s Natural Right” reflects all three meanings of the principles of adjudication and execution. (shrink)

International negotiations on anthropogenic climate change are far from running smoothly. Opinions are deeply divided on what are the respective responsibilities of developed and developing countries with regard to the reduction of greenhouse gas emissions and the alleviation of the negative effects of global warming. A major bone of contention concerns the role of intellectual property rights (especially patents) in the development and diffusion of climate-friendly technologies. While developing countries consider IPRs as a formidable barrier to the rapid transfer (...) and the widest possible diffusion of such technologies, developed countries, by contrast, see IPRs as a vital prerequisite for the development and transfer of these same technologies. This debate shows some similarity with the earlier debate on patents and access to lifesaving medicines, although there are also important differences. In our contribution we will explore both the analogies and the differences with this earlier debate. To provide a focus for our discussion, we will examine whether something similar to the Health Impact Fund (HIF), which has been proposed by philosopher Thomas Pogge as a reasonable solution to the ethical dilemmas of protection and accessibility in the field of pharmaceuticals, can also be elaborated for the development and diffusion of climate-friendly technologies. Thus the central question is how an analogous ‘Climate Impact Fund’ would look like and how it would work. This whole exercise will also yield a normative yardstick for assessing the various designs for a Green Climate Fund or a Technology Mechanism that are currently on the table of the international climate negotiations. (shrink)

The High Court in England has ruled that doctors are acting illegally if they refuse to comply with a competent patient’s request to switch off their ventilator even if the result would be death. If doctors feel unable to do this then they must arrange for the patient to be transferred to the care of a colleague who is prepared to comply with the request.

Psychoanalysis provides a complex discursive matrix for making sense of, or unraveling the existing sense of, textual material in social research. However, the relationship between psychoanalytic work in the clinic and psychoanalytic social research poses a series of questions for those working in each domain. The relationship opened up new fields of enquiry, of empirical and theoretical research, but it also now gives rise to empirical and theoretical problems. This paper is concerned with the elaboration of clinical concepts in the (...) emerging field of psychosocial research, with a particular focus on the use of transference. The paper distinguishes 3 versions of transference in the psychoanalytic tradition, drawing attention to the importance of an “intersubjective” conception of transference in psychosocial research as an alternative to “attachment” models that appeal to mainstream empiricist approaches to psychological inquiry. The third version of transference elaborated in Lacanian psychoanalysis, one concerned with signification, is used to ground an analysis of the clinic as specific space in which the phenomenon manifests itself. Analysis of the clinic as “transferential space” enables us to conceptualize the place of psychoanalysis in the clinic and to question the extrapolation of transference to social research. The paper concludes with a consideration of generalized transference outside the clinic. 2012 APA, all rights reserved). (shrink)

This article examines tafsir (interpretation of the Qurʾān) - translation relationship in the example of the translation of verse 184 of the Surat al-Baqara into Turkish. Undoubtedly, when the verses are translated into another language, it is necessary to reflect to translate what the first interlocutors understood from them. The fact that the rules (hukm) in some verses were repealed (naskh) or allocated (takhsis) later does not change this requirement. In verse 184 of surat al-Baqara, those who can afford to (...) fast but choose not to fast are ordered to pay ransom (fidya) for every day, that is, to pay the daily amount to feed a poor person. According to the detailed information and rumors in the tafsir literature; this rule was applied when the fast was made obligatory (fard) for the first time, and then it was abrogated. However, this practice, which was canceled for healthy and unexcused people, remained as a permission (rukhṣa) for those who were too old and sick to fast. Both the narrations conveyed from the companions (sahaba) and the general opinions of the mufassirs confirm the abrogation of this rule and that it remains a rukhṣa. The fact that the situation is described as naskh or takhsis does not make a difference in terms of transferring the verse to Turkish or another language. The verses on the subject were examined in the light of the most basic tafsir sources. To give an example that reflects the general opinion; It is stated in the thirty-five narrations reported by Tabari from the companions and tābiʿūn that the 184th verse expresses the option (takhyir) of not fasting in return for fidya for those who can fast. This option has been canceled in the next verse but it has remained for, -some people with special conditions-, as the elderly who cannot afford to fast, pregnant women and breastfeeding women who worry about harm to themselves or their childrens. According to the qirāʾa that is "وعلى الذين يُطوَّقونه", it is said that the verse is not abrogated, it is meant for old men and women. But as emphasized by Abū Ḥayyān, it is understood that this qirāʾa is not actually a qirāʾa but a kind of interpretation of the expression "وَعَلَى الَّذِينَ يُطِيقُونَهُ" in terms of rukhṣa. Therefore, the claim that it has not been repealed is probably due to the continued practice of fiqh. On the other hand, also rational evidence shows that the right to choose (takhyir), which was given initially, was later repealed. For example, in verse 184, it is stated that those who are sick and travelers should perform fasting on other days with the expression "فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ"; The same issue is stated in verse 185 with the expression "وَمَنْ كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ". The repetition in question shows that the two verses were sent not together but at different times. This state of affairs confirms that the second verse has repealed the right of choosing (takhyir) in first one. In addition, as Imam Māturīdi's determined by hit, if those who cannot endure fasting were meant in verse 184, it would be unwise to call these people at the end of the verse as "However, that you fast is better for you, if you only knew!" In the overwhelming majority of Turkish translations of the Qurʾān, it is seen that there is no emphasis on the meaning of the verse when it was first sent. Even the expression “Upon those who are able to fast...” in the verse is translated as “Upon those who aren’t able to fast...”. Whereas it is more consistent and appropriate to reflect the literal meaning of the verse in the translation and explain the situation with additional notes. In this way, it will be understood that two verses that contain the same words and come one after another are sent different times and about different things, hence the reader will be given accurate information. In the nearly thirty examples of translations in the article, it is seen that the translations belonging to Mehmet Akif and Süleyman Tevfik and the translation of the delegation chaired by Hüseyin Kazım are in full harmony with the data in tafsir literature and the general opinion of mufassirs. Rifat Börekçi, the first president of Religious Affairs of the Republic of Turkey, has criticized the translation committee headed by Hüseyin Kazım extremely harshly. Then, with the choice made by Elmalılı Hamdi, almost the direction of the wind changed and the translators could not surpass it. Although there have been some translations in line with the text of the verse, the relevant explanations of these authors reveal that they did not understand the issue in detail and did not make a conscious translation. Meantime the analysis made in the aforementioned verse example shows that reliable translations cannot be made without referring to detailed tafsir information and therefore a correct Qurʾān translation is often not possible without tafsir. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic (...) participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

Grotius is now widely acknowledged as an important figure in early modern contractual and consensual theories of political authority and legitimacy. However, as his thoughts on these debates are disseminated throughout his works rather than systematically ordained, it remains difficult to assess what, if anything, constitutes his distinctive mark. In the present paper, I will argue that his works contain a combination of two conceptual elements that have come to constitute a salient characteristic of early modern contract and consent theories: (...) first, a strong obligation to keep one’s promises, and second, an account of perfect promises as transferrals of rights. In the political sphere, this means that citizens who have promised their obedience to the authorities are obligated to keep faith, which provides a solid foundation for political obligations. In addition, their promise implies that authorities receive the right to rule over them, which accounts for the legitimacy of these authorities’ power. (shrink)