DOCSLIB.ORG

Forum Shopping in Products Liability Actions: a Comparison Between the United States, France and Germany Lothar W

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Forum Shopping in Products Liability Actions: a Comparison Between the United States, France and Germany Lothar W Digital Commons @ Georgia Law LLM Theses and Essays Student Works and Organizations 1-1-1988 Forum Shopping in Products Liability Actions: A Comparison Between the United States, France and Germany Lothar W. Baum University of Georgia School of Law Repository Citation Baum, Lothar W., "Forum Shopping in Products Liability Actions: A Comparison Between the United States, France and Germany" (1988). LLM Theses and Essays. 117. https://digitalcommons.law.uga.edu/stu_llm/117 This Article is brought to you for free and open access by the Student Works and Organizations at Digital Commons @ Georgia Law. It has been accepted for inclusion in LLM Theses and Essays by an authorized administrator of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. FORUM SHOPPING IN PRODUCTS LIABILITY ACTIONS: A COMPARISON BETWEEN THE UNITED STATES, FRANCE AND GERMANY by LOTHAR WILHELM BAUM A Thesis Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree MASTER OF LAWS ATHENS, GEORGIA 1988 lA\N LIBRARY ~": UNIVERSITY OF GEORGrA FORUM SHOPPING IN PRODUCTS LIABILITY ACTIONS: A COMPARISON BETWEEN THE UNITED STATES, FRANCE AND GERMANY by LOTHAR WILHELM BAUM Approved: ;;ful/I)(} I/u~u Date 4/26/1938 Major Professor / J ••... \' t 1 \1 t v' L ..~ \,J",{,'1'i . l Date 4/26/1988 Chairman, Reading Committee Approved: f}L~ Graduate Dean &- Date Table of Contents I. Introduction 1 a) Plaintiff pursuant to Art.4 . b) Defendant pursuant to Art.3 (1 )- (2 ) . 2. Standard of Liability according to Art.6 of the EC Directive . 9 a) Product according to Art.2 EC Direc- tive ............... 9 b) Types of Defects .... 9 (1) Presentation of the Product .. 10 (2) Presumable-Reasonable Use of a Product .•....... 11 (3) Time product was put into Cir- culation . 11 3. Defense under the EC Directive 11 a) Exception of Art. 6 (II) and Art.7(e) 11 b) Other Defenses . 13 4 • Derogations pursuant to Art. 15 EC Directive 13 iii iv 5. Damages and Limits on Liability under the Directive . 14 C. Effect of the EC Directive 14 III. Products Liability in the United States, Federal Re- public of Germany and France today . 17 A. Parties to a Products Liability Claim . 17 1. In the United States . 18 a) Plaintiff . 18 b) Defendants . 19 2. In the Federal Republic of Germany .. 20 a) Plaintiff . 20 b) Defendant . 21 3. In France 23 a) User/End Consumer as Plaintiff 23 b) Defendant . 23 4. Differences and Conclusions 24 B. Standard of Liability ... 26 1. In the United States . 27 a) Breach of Warranty . 28 b) Negligence . 30 c) Strict Liability in Torts 31 2. In the Federal Republic of Germany .... 36 a) Under Current Law - until August 1988 37 (1) Breach of Warranty .... 37 (2) Positive Breach of Contract 39 - v (3) Extra-contractual Products Liability - § 823 BGB 40 (4) Special Acts: Pharmaceutical Act . 44 b) Under the new 'ProdHaftG' 44 3. In France . 46 a) Contractual Liability . 46 b) Extra-contractual Compensation (Code of Obligations) . 48 c) Special Laws in France . 49 4. Conclusions and Differences . 50 C. Defenses . 51 1. In the United States . 52 a) Product Modifications and Subsequent Repairs . 52 b) Mi suse . 53 c) Proximate Cause . 53 c) Assumption of Risk, Contributory and Comparative Negligence .... 54 d) Disclaimer and Limitations on Liabili ty . 56 2. In the Federal Republic of Germany . 58 a) Under Current Law . 58 b) Under the ProdHaftG . 59 c) Comparative Fault . 60 3. In France . 61 a) Defenses of the Manufacturer . 61 vi b) Disclaimer of Liability . 62 4. Sununary . 63 D. Statutes of Limitations . 63 1. In The united States . 64 a) Statutes of Limitations . 64 b) Statutes of Repose . 64 2. In the Federal Republic .•....... 65 a) Under Current Law . 65 b) Under the ProdHaftG . 66 3. In France . 67 4. Sununary . 68 E. Burden of Proof . 68 1. In the united States . 69 2. In Federal Republic of Germany . 72 a) Under current Law . 72 b) Under ProdHaftG . 73 3. In France . 74 4. Conclusion and Differences .. .... 75 E. compensation and Damages ....... 76 1. In the United States . 76 a) Damages in general .... 76 b) Collateral Source Rule . 78 c) Punitive Damages . 79 d) Multiple Defendants . 79 2. In the Federal Republic of Germany . 80 a) Under Current Law . 80 b) Under the New ProdHaftG . 83 vii 84 85 86 86 89 90 G. Summary and Conclusion 91 IV. Jurisdiction ......... ........ 95 1. In the United States . ...... 95 a) In General ..... 96 b) Forum non conveniens .... 101 2. In the Federal Republic of Germany 103 2. In France . 106 a) Foreign Defendants in French Courts . 106 b) Foreign Plaintiffs . 107 4. European Convention on the Jurisdiction of Courts and the Recognition and Enforce- ment of Judgments in Civil and Commer- cial Matters . 108 5. Service of Process 109 6. Conclusion ..... ..... 111 V. Choice of Law/Conflicts of Laws . 114 A. In United States . 114 1. Traditional Approach . 114 2. In Product Liability Actions . 115 viii B. Federal Republic of Germany 117 l 1. The General Rule 117 2. Public Policy Exceptions 118 C. In France 119 1. Basic APproach 119 2. The Hague convention on the Law APplicable to Product Liability 120 D. Conclusions and Differences 122 123 VI. Reco ition and Enforcement of Forei 123 A. In the united States . 124 1. Basic Factor of Comity . 2. The Uniform Foreign Country Money Judgment 125 Recognition . 126 B. In the Federal Republic of Germany . 126 1. Recognition-according to § 328 ZPO 128 2. Enforcement pursuant to §§ 722, 723 ZPO 128 C. In France . 130 D. Enforcement within the Euro ean Communit . 131 E. Conclusion ........ 133 VII. Forum shopping . 133 A. The United States . 136 B. Germany and France . 139 C. The "Best" Forum . ................... 140 VIII. Conclusion l ix ......... • 143 Endnotes ... .... ... • 203 Bibliography . I. Introduction According to the understanding of most Europeans, pro- ducts liability actions in United States courts are charac- terized by the tremendous amounts of money which a plaintiff might recover as damages for her claims. This picture does not tell the whole truth, but provides an opportunity to raise some questions. Should the foreign victim always try to sue the American manufacturer in the United States? Be- cause of the changes which the new Directive on products liability in the European Communities will bring, this ques- tion assumes increased significance. In Europe, the new EC Directive on products liability was recently promulgated on July 25, 1985. According to the Directive, the various member states of the EC1, have until August 1, 1988 to adopt the new Directive.2 The Directive, which contains elements of French and United States laws and rules governing products liability, is supposed to implement a system which is more directed towards 'strict liability' than the most current legal sys- tem in Europe. So far, some states - like United Kingdom and Spain - have already enacted laws consistent with the EC 1 2 standard. 3 The declared goal of the Directive is to move farther towards a uniform european legal system. The EC Directive is merely a step on this route. In transnational actions, in lawsuits where parties from different nations are involved, there is always the question of where a lawsuit should be brought. The impor- tance of this question lies in the fact that the laws of the forum might decide whether the plaintiff succeeds or looses. Today, the possibility of getting involved in a transnation- al legal dispute is increasing, due to the constant rise in international trade between the nations.4 The goods which are sold to private consumers5 in a country are often im- ported or, at least, contain parts from foreign manufac- turers. Sometimes goods, although manufactured abroad, are labeled with the name of a home producer or trader. A pur- chaser of goods who is injured by a defect might have sever- al options on the forum in which to bring his lawsuit. Depending on which part was defective and what exactly caused the injury, the assembler, the part-manufacturer, or the various sellers can be the potential defendant of such claims. Provided that the defendants are from different countries, actions might be brought abroad and at home. Seeking the most favorable country in such a situation is known as 'forum shopping,.6 This term was first used in the US legal literature7, where, due to the fact that the 50 states of the United States have different rules of torts and contract law, 'forum shopping' is a commonplace 3 phenomena. 8 However, until recently, this problem has hard- ly received any attention in Europe.9 This is quite aston- ishing in light of the importance of this problem even in the European context.10 The prevailing view in Europe of forum shopping is a quite negative one.11 However, since efforts on harmonization of the international law of con- flicts have been thus far unsuccessful, 'forum shopping' cannot be avoided. The chance that an international legal system for transnational disputes will be established is rather unlikely. For certain groups of countries, for instance the mem- ber states of the European Community, the chance for har- moni~ation of products liability laws is more likely, but only to a certain degree. Even in the EC, however, where the legal harmonization is one of the major goals, distinc- tions between the various member states will not disappear. Therefore, even in the future, in claims involving parties from different countries, the lawyer will have to consider where the institution of an action is the most favorable for his client.
Load more

Recommended publications
  • “Native Christians Massacred”: the Ottoman Genocide of the Assyrians During World War I
    Genocide Studies and Prevention: An International Journal Volume 1 Issue 3 Article 8 December 2006 “Native Christians Massacred”: The Ottoman Genocide of the Assyrians during World War I Hannibal Travis Follow this and additional works at: https://scholarcommons.usf.edu/gsp Recommended Citation Travis, Hannibal (2006) "“Native Christians Massacred”: The Ottoman Genocide of the Assyrians during World War I," Genocide Studies and Prevention: An International Journal: Vol. 1: Iss. 3: Article 8. Available at: https://scholarcommons.usf.edu/gsp/vol1/iss3/8 This Article is brought to you for free and open access by the Open Access Journals at Scholar Commons. It has been accepted for inclusion in Genocide Studies and Prevention: An International Journal by an authorized editor of Scholar Commons. For more information, please contact [email protected]. ‘‘Native Christians Massacred’’: The Ottoman Genocide of the Assyrians during World War I Hannibal Travis Florida International University College of Law The Ottoman Empire’s widespread persecution of Assyrian civilians during World War I constituted a form of genocide, the present-day term for an attempt to destroy a national, ethnic, or religious group, in whole or in part. Ottoman soldiers and their Kurdish and Persian militia partners subjected hundreds of thousands of Assyrians to a deliberate and systematic campaign of massacre, torture, abduction, deportation, impoverishment, and cultural and ethnic destruction. Established principles of international law outlawed this war of extermination against Ottoman Christian civilians before it was embarked upon, and ample evidence of genocidal intent has surfaced in the form of admissions by Ottoman officials. Nevertheless, the international community has been hesitant to recognize the Assyrian experience as a form of genocide.
    [Show full text]
  • Hans Albert CV Born in Cologne (Germany) 1921; Now Living in Heidelberg
    Hans Albert CV born in Cologne (Germany) 1921; now living in Heidelberg. 1950 Degree as a Diplom-Kaufmann 1952 Academic degree of a Dr. rer.pol. 1952-1958 Assistant at the Forschungsinstitut für Sozial- und Verwaltungswissenschaften University of Cologne 1957 Degree of a Dr. habil. for Social Politics at the University of Cologne. As a lecturer he was reading logic, theory of science and economics of the welfare state. 1958 when participating the Alpbacher Hochschulwochen (a famous summer conference in the beautiful Austrian alpine village Alpbach) he made the acquaintance of Karl Popper after having studied Popper's philosophy and mostly accepted it long ago. Since 1955 he had exciting discussions with Paul Feyerabend, who in those days was a critical rationalist and an admirer of Karl Popper. In 1963 Albert got the chair of Social Sciences and General Studies of Methods (later 'Sociology and Studies of Economics') at the Wirtschaftshochschule Mannheim (later University of Mannheim). 1961-1969 the so called Positivismusstreit, i.e. the debate concerning positivism within German sociology during the 1960's, Albert then participated the meanwhile famous Conference of the German Society of Sociology (Tagung der deutschen Gesellschaft für Soziologie) 1961 in Tübingen. It was there where a debate about the status of values in the Sciences started, which was later called "Positivismusstreit" (dispute concerning positivism) though in the beginning there was no dispute about positivism. But in 1963 the discussion was continued by Jürgen Habermas (in the "Festschrift für Adorno" and 1964 on the "Soziologentag", conference on sociology, in Heidelberg) and Hans Albert. The famous dispute culminated in a collection of essays published in 1969 (engl.: The Positivist Dispute in German Sociology, London 1976, Harper Torchbook 1976) and 1967 Marktsoziologie und Entscheidungslogik.
    [Show full text]
  • The Pleasant and the Useful: Pilgrimage and Tourism in Habsburg Mariazell
    The Pleasant and the Useful: Pilgrimage and Tourism in Habsburg Mariazell The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Frank, Alison. 2009. The pleasant and the useful: pilgrimage and tourism in Habsburg Mariazell. Austrian History Yearbook 40:157-182. Published Version doi:10.1017/S0067237809000149 Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:10611804 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA The Pleasant and the Useful: Pilgrimage and Tourism in Habsburg Mariazell ALISON FRANK HE IDEA BEHIND THIS ARTICLE came from a riddle. A 1907 guidebook to the Austro-Hungarian pilgrimage site of Mariazell carried the following enigmatic line: “The traveler who, while visiting Mariazell, wishes to combine the pleasant and the T— useful for whom the pilgrimage should be at the same time an excursion into the mountains—will find a series of pretty promenades that lead him only a short way out of town and require absolutely no exertion.”1 The author most likely thought the meaning of this somewhat banal passage was completely clear. But the historian must wonder what exactly was “pleasant” and what was “useful” for the traveler to Mariazell. Was it pleasant to contemplate the majesty of God and the clemency of the Virgin Mary and useful to exercise one’s body in the fresh, mountain air—even without exertion? Or was it useful to demonstrate one’s piety and devotion via pilgrimage and dutiful time spent in mass, but pleasant to stroll through the temple of nature, admiring local flora and fauna along the way? Both of these interpretations are as truthful as they are possible, and their coexistence exemplifies a quintessential duality of religious tourism in the nineteenth century.
    [Show full text]
  • The Church of the East: a Concise History/Wilhelm Baum & Dietmar W
    THE CHURCH OF THE EAST The Church of the East is currently the only complete history in English of the East Syriac Church. It covers the periods of the Sas- sanians, Arabs, Mongols, Ottomans, and the twentieth century, with information about the Syriac, Iranian, and Chinese documentation of this unique and almost forgotten part of Christendom. “This is an important book. It tells the story concisely of the ‘Church of the East’ . established in east Syria but principally in Parthia beyond Rome’s eastern frontier.... It was associated with the doctrinal view of the deposed patriarch of Constantinople, Nestorius, and was known as the Nestorian Church.... Today, it has survived as a small minority in parts of Persia and Iraq, and it has more adherents in the US than in its ancient homeland.... This is the best short history of the Church of the East to date . a fine, scholarly work, bringing to the notice of students the wealth of the spiritual and theological legacy as well as the sheer missionary drive of this now half-forgotten Church. As a book it will not easily be replaced, and it is a credit to its authors and publishers alike.” W. H. C. Frend, University of Cambridge “There has long been a need for a reliable book in English on the history of the Church of the East which also gives good coverage to the position of this ancient Syriac Church in the context of modern ecumenical discussion. It is most welcome that this need is now met by Baum and Winkler in this translation of their German book.” Sebastian Brock, University of Oxford “Baum and Winkler have done us good service in providing this easily accessible account of the Church of the East ..
    [Show full text]
  • The Reforms of Nikolaus Cusanus Joseph Eric Sych
    University of Richmond UR Scholarship Repository Master's Theses Student Research 1999 Faith and Understanding: the Reforms of Nikolaus Cusanus Joseph Eric Sych Follow this and additional works at: http://scholarship.richmond.edu/masters-theses Part of the History Commons Recommended Citation Sych, Joseph Eric, "Faith and Understanding: the Reforms of Nikolaus Cusanus" (1999). Master's Theses. 1239. http://scholarship.richmond.edu/masters-theses/1239 This Thesis is brought to you for free and open access by the Student Research at UR Scholarship Repository. It has been accepted for inclusion in Master's Theses by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. ABSTRACT Faith and Understanding: the Reforms of Nikolaus Cusanus Written by Joseph E. Sych Thesis to satisfy the requirements of the Degree of Master of Arts University of Richmond Barbara Anna Sella, Ph.D., Advisor This paper explores the reform ideas of Nikolaus Cusanus, Bishop ofBrixen, and Cardinal of St. Peter in Chains. It demonstrates the centrality ofreform to the life of Cusanus, and traces the development of his reform ideas. To accomplish this, several of Cusanus' works are utilized, including De concordantia catholica, De docta ignorantia, De quaerendo Deum, several of his sermons, as well as Reformatio genera/is, which contains his reform ideas in their most mature stage of development. The paper argues that Cusanus' reform concept was formulated early, but was later influenced by the emergence of mystical and nominalistic forces. I certify that I have read this thesis and find that, in scope and quality, it satisfies the requirements for the degree of Master of Arts.
    [Show full text]
  • Publications by and Related to Ludwig Wittgenstein Kept in Von Wright and Wittgenstein Archives (WWA) at the University of Helsinki
    The Wittgenstein Library of von Wright and Wittgenstein Archives, University of Helsinki. (14th August 2017.) Publications by and related to Ludwig Wittgenstein kept in von Wright and Wittgenstein Archives (WWA) at the University of Helsinki. The majority of the books listed in this catalogue are books that were kept in connection with Georg Henrik von Wright’s office at the Philosophy Department of the University of Helsinki.The books include both works by Ludwig Wittgenstein in original and in translation to various languages, and literature related to the life and philosophy of Wittgenstein. They were donated to the University of Helsinki in September 2000 as a part of von Wright’s “Wittgenstein Archive”. In addition to these books , the Wittgenstein library of WWA holds the 24 first volumes of the journal Philosophical Investigations. Contents: 1. Books by Ludwig Wittgenstein. Including publications and editions from the Nachlaß and translations of these to various languages ………………….……………….………………………. P.2 2. Publications related to Wittgenstein ……………………………………………….….………………………. P.20 3. Publications related to Haus Wittgenstein ……………………………………….….……………………… P.32 4. Journals related to Wittgenstein ……………………………………………………….……………………….. P.33 1 The Wittgenstein Library of von Wright and Wittgenstein Archives, University of Helsinki. (14th August 2017.) 1. Books by Ludwig Wittgenstein. Including publications and editions from the Nachlaß and translations of these to various languages. German editions: Wittgenstein, Ludwig (1926). Wörterbuch für Volks- und Bürgerschulen. Wien: Hölder-Pichler-Tempsky. (Copy of the dictionary written by Wittgenstein.) Wittgenstein, Ludwig (1984). Bemerkungen über die Grundlagen der Mathematik (Herausgegeben von G.E.M. Anscombe, G.H. von Wright und R. Rhees). Frankfurt am Main: Suhrkamp Taschenbuch.
    [Show full text]
  • Chaldeans Between Iraq and America
    The Politics of Minority Chaldeans between Iraq and America by Yasmeen S. Hanoosh A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Near Eastern Studies) in The University of Michigan 2008 Doctoral Committee: Associate Professor Carol B. Bardenstein, Chair Professor Kevork B. Bardakjian Emeritus Professor Ernest N. McCarus Associate Professor Andrew J. Shryock Assistant Professor Nadine C. Naber ©Yasmeen S. Hanoosh All rights reserved 2008 To the memory of my mother, who did not have the luxury to contemplate her Chaldean identity ii Acknowledgements The specter of the Ancient Chaldeans stalks this dissertation throughout, and I must begin by expressing my gratitude to their civilization. Without the Ancient Chaldeans, the collective identity of the modern Chaldeans which I have tried to understand and discuss in the ensuing chapters would not have been imagined the same way. Gratitude to the Ancient Chaldeans also necessitates thanking many living Chaldeans, some who have understood the ancients in ways different from mine; others who have inspired me to seek the necessary analytical skills to approach notions of Chaldeanness; and others still who are part of the theoretical problematic of the dissertation, the theme of the historic diasporic imaginary. I have uncharacteristically many individuals to thank for their impact on my doctoral work. I thank first my advisor Carol Beth Bardenstein to whom my indebtedness is enormous. Not only has she been a most nurturing dissertation advisor and attentive reader, but she also constantly alerted me to contemporary discussions about diaspora, identity and collective memory, and ensured that my research did not become too antiquated throughout the prolonged period of dissertation writing.
    [Show full text]
  • Lutheran Contacts with the Syrian Orthodox Church of the St. Thomas Christians and with the Syrian Apostolic Church of the East in India (Nestorians)
    Martin Tamcke professor of Theology, University of Göttingen Address: Platz der Göttinger Sieben 2 D-37073 Göttingen, Germany E-mail: [email protected] Lutheran contacts with the Syrian Orthodox Church of the St. Thomas Christians and with the Syrian Apostolic Church of the East in India (Nestorians) The dialogue between the Lutherans and the Syrian Orthodox Malankara Church in India is an epoch-marking dialogue between Lutherans and Orthodox Syrian St. Thomas Christians.1 The visionary strength of the great ecumenist, Mar Gregorius, the Metropolitan of New Delhi, provided the main impulse for this dialogue. He had earlier gained a reputation as one of the leading representatives of the ecumenical movement. However, this dialogue in the second half of the twentieth century was not the beginning of inter-confessional contact between Lutherans and Syrian Christians. The Lutherans had always shown an interest in India’s old Christendom. The interaction between Lutherans and Syrian St. Thomas Christians did not begin in the post-colonial period, but with the arrival of the first Lutheran missionaries in India.2 Keywords: Malankara Orthodox Syrian Church, Saint Thomas Christians, Lutherans. 1 K.M. George/ Herbert E. Hoefer, 1983: A Dialogue Begins. Papers, Minutes and Agreed Statements from the Lutheran-Orthodox Dialogue in India 1978–1982, Madras/Kottayam: Gurukul Lutheran Theological College/Sophia Centre, Orthodox Theological Seminary. 2 My earlier attempts: Martin Tamcke, Die frühen lutherischen Missionare in Indien in ihrem Kontakt zur syrischen Thomaschristenheit, in: Tuomas Martikainen, Ego sum qui sum, Festskrift till Jouko Martikainen, Studier i Systematik Teologi vid Abo Akademi 29, Abo 2006, S.
    [Show full text]
  • Review of Sessions IMC Ab 2009
    Review of sessions / Bisher organisierte Sektionen 2013 The Angel's Pleasure at the Annunciation: Monophonic Sacred Music of the Middle Ages dedicated to the Virgin Mary. Performed by Salzburger Virgilschola. Directed by Stefan Engels. Concert organised In memory of Professor Ulrich Müller (Salzburg) by Sieglinde Hartmann on behalf of International Medieval Congress and the Oswald von Wolkenstein-Gesellschaft. A documentation of the concert will be published by Sibylle Jefferis in a volume dedicated to the memory of the late Ulrich Müller. Earthly Pleasure versus Spiritual Pleasure in Medieval Life, Literature, and Poetry . Session organised in memory of Ulrich Müller by Sieglinde Hartmann the Oswald von Wolkenstein-Gesellschaft. Paper 1) Earthly Pleasure vs. Spiritual Pleasure in the Jodo-styled Japanese Garden (11th century) and in the The Tale of Genji (Yuko Tagaya, Yokohama, Japan); Paper 2) Clerical Scholars’ Joy and Sorrow in the Love Lyrics of the Carmina Burana (Sabina Tuzzo, Lecce, Italy); Paper 3) Spiritual Pleasures versus Earthly Pleasure in Mechthild of Magdeburg’s Flowing Light of the Godhead (Paola Schulze-Belli, Trieste, Italy); Paper 4) The Gendered Compatibility of Sensual and Spiritual Pleasure in Wolfram von Eschenbach's Willehalm and Ulrich von Türheim's Rennewart (Karina Marie Ash, Munich, Germany). A choice of papers will be published by Sibylle Jefferis in a volume dedicated to the memory of the late Ulrich Müller. 2012 Rules and Violence in Heroic Epics and Heroic Experiences in the Eastern and in the Western World: New Intercultural Approaches . Session organised by Sieglinde Hartmann on behalf of the University of Torun, Poland and the Oswald von Wolkenstein-Gesellschaft.
    [Show full text]
  • Evaluation of the Doctoral Thesis of Bishop Mar Aprem
    Prof. Dr. Geevarghese Chediath St. Mary’s Malankara Major seminary, Nanchira.Trivandrum.695015. Kerala. India. 4th January,2002. Evaluation of the Doctoral Thesis of Bishop Mar Aprem The History of the Assyrian Church of the East in the Twentieth Century with special Reference to the Syriac Literature in Kerala A thesis submitted to the Mahatma Gandhi University , Kottayam October 2000 Mar Aprem presents in this doctoral dissertation the history of the Assyrian Church of the East in the 20th century. The Church of the East was one of the largest Churches in Christendom. It spread up to China and Indonesia. But the two World Wars reduced this church to a small marginal existence; it became incapable of contributing anything substantially to humanity as it did in the early period of Christianity. Now the new leadership with open mind and heart desires it to have an honorable existence in the Christian world and to contribute its share to world peace and prosperity. The present eminent leaders of this church have now realized that this objective cannot be achieved by the isolated marginal existence .So it entered www.malankaralibrary.com 1 into relationship and contact with world Christianity and world religions. Special mention must be made of its recent relationship with the Roman Catholic Church. This new dimension in the life of the Assyrian Church has given it an honorable existence in the world. The nickname Nestorian stigmatized on them is partly removed. Their way of expressing the Christian mysteries is accepted by the Roman Catholic Church. Today there is a very close collaboration and cooperation between these two churches.
    [Show full text]
  • Verzeichnis Der Supplements
    University Library Klagenfurt Karl-Popper-Library S U P P L E M E N T Material from the Estate of Sir Karl Popper which has been added to the collection subsequent to 1995 Box Nos. Section page 1 – 4 1 Speeches and Writings 2 5 – 9 2 Correspondence 7 10 3 Course Material 50 11 – 12 4 Subject File 51 13 – 14 5 Biographical File 54 15 – 16 6 Writings by Others 62 17 – 20 7 Sound Recordings 55 20 8 DVDs 71 22 – 29 9 Photographs 72 Index to Photographs 73 30 10 Music sheets 80 31 11 Miscellaneous 81 1 1 Speeches and Writings Proofs of … : - Knowledge and the Body-Mind Problem - All Life is Problem-Solving - Conjectures and Refutations (ch. 2.4.10.) - The Myth of the Framework - Unended Quest - Die beiden Grundprobleme der Erkenntnistheorie. 3. Aufl. - Popper Selections. Spanish - The Two Fundamental Problems of the Theory of Knowledge - The Lesson of this Century Box 1, file 1 1,1 Omnibus volume: Interviews for Channel 4 (Michael Howes Productions. 1987/1988. Correspondence + Popper’s notes + Transcriptions of the tapes. ------------------------- Box 2, file … 2,1 List of corrections for The Open Society and its Enemies. Undated. [Sent to Gombrich ?] 2,2 Autobiography. Undated. Ms., 2 pp. 2,3 Wiener Kreis. Undated. Ms., 2 pp. 2,4 Notes to Goethe‘s Prolog im Himmel from Faust I. Typoscript, 1 p. 2,4a Notes for Speeches (fragmentary). Ms, 5 pp. 2,5 Philosophy and Physics. Reprinted from Atti del XII Congresso Internationale di Filosofia, Venice, 12.-18.9.1958 + Typescript of The Myth of the Framework.
    [Show full text]
  • Nicolaus Cusanus As Prince-Bishop of Brixen
    Nicolaus Cusanusas Prince-Bishop of Brixen (1450-64): Historians and a Conflict of Church and State Brian A. Pavlac The impressive accomplishments of Nicolaus Cusanus (also called Nicolaus Treverensis, Nicolaus Cancer, Nikolaus von Kues and Nicholas of Cusa) make him one of the most important personalities of the fifteenth century. I Scholars have long been drawn to his successfrrl clerical career, which Cusanus combined with noteworthy achievements as a humanist scholar and philosopher. Yet the historical evaluation of 1. The body of literature on Cusanus is quite large; see the useful listings in the "Cusanus-bibliographie" i^ Mitteiluflgen und Forschungsbeitrdgeder Cusanus-Gesellschaft| (1961), 3 (1963),6 (1967),10 (1973),15 (1982).I have concentrated on examining the many works on his biographical and political history and not those on his philosophical thought. On the latter see Rudolf Haubst, "Aktuelles aus der Cusanus-Forschung," Mitteilungm und Forschungsbeitriigeder Cusanus-Gesellschaft15 (1982): 29-42; and Paul E. Sigmund, "Das Fortleben des Nikolaus von Kues in der Geschichtedes politischen Denkens," Mitteilungen und Forschungsbeitriigeder Cusanus-GesellschaftT(1969): 120-128. The standard biography of Cusanus remains Edmond Vansteenberghe, Le Cardinal Nicolas de Cues (7401-7464): L'Action-la pensfe. Biblioth0que du XVe Siacle, vol. XXIV (1920; reprint ed., Frankfurt am Main, 1963). A recent, and rather impressionistic, biography is HeinerMartini, Der Krebs in der Reuse:Nikolaus oon Kues(trier, 1986); also Helmut Gestrich, Nikolaus oon Kues 1401- 1464: Lebm und Werk im Bild (Mainz, 1990), is the companion volurne to a recent travelling exhibition which tried to inform the general public about Cusanus and his work.
    [Show full text]