The Best Interests of the Child Are of Paramount
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Shang Yang 商鞅 and Legalist 法家 Reform in the Ancient Chinese State of Qin 秦
SHANG YANG 商鞅 AND LEGALIST 法家 REFORM IN THE ANCIENT CHINESE STATE OF QIN 秦 Daniel HAITAS Abstract Legalism has played a major role in the history of the Chinese legal and governmental tradition. One of the major exponents and formulators of this school of thought in ancient times was Shang Yang, an official in the state of Qin. Shang Yang oversaw a program of law reform in Qin in such areas as criminal law and the economic life of the country which aimed to strengthen the power of the state. This can be said to have had long term consequences for both Chinese and world history, in that the strengthening and reorganization of Qin along the lines of Legalist principles helped lead to its gaining preeminence amongst the other states vying for influence in the Warring States period, ultimately leading to the unification of China under the rule of the Qin dynasty. Keywords: Shang Yang, Legalism, law reform, Qin state, criminal law, economic regulation. that would be known among the general population, which included a system of strict punishments to be 1. Introduction applied equally to all. Additionally, he implemented Throughout much of the history of the Chinese reforms that favoured agriculture at the expense of legal and governmental tradition, two different schools commerce. of thought have been portrayed as competing and This study particularly draws on the Book of Lord coexisting at the same time; these are the Legalists 法 Shang 商君書, the earliest surviving and foundational 1 家 and the Confucians 儒家 . Both sought to maintain text of the Legalist school whose authorship is 7 social order, yet differed in the primary methods attributed to Shang Yang . -
Stability and Development in Canon Law and the Case of "Definitive" Teaching
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2001 Stability and Development in Canon Law and the Case of "Definitive" Teaching Ladislas M. Örsy Georgetown University Law Center, [email protected] Vol. 76 Notre Dame Law Review, Page 865 (2001). Reprinted with permission. © Notre Dame Law Review, University of Notre Dame. This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/569 76 Notre Dame L. Rev. 865-879 (2001) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Religion Law Commons STABILITY AND DEVELOPMENT IN CANON LAW AND THE CASE OF "DEFINITIVE" TEACHING Ladislas Orsy, SJ!:~ The beginning of knowledge is wonder, wonder provoked by a puzzle whose pieces do not seem to fit together. We do have such an on-going puzzle in canon law; it is the prima facie conflict between the demand of stability and the imperative of development. Stability is an essential quality of any good legal system because a community's lav{s are an expression of its identity, and there is no identity without permanency. Many times we hear in the United States that we are a country held together by our laws. Although the statement cannot be the full truth, it is obvious that if our laws ever lost their stability, the nation's identity would be imperiled. In a relig ious community where the source of its identity is in the common memory of a divine revelation, the demand for stability is even stronger. -
Basic Itinerary for 10 Day Golf Tour: Cape Town – Port Elizabeth
www.freewalker.co.za Facebook: Freewalker Adventure Travel 10 day South African Golf Adventure |Cape Town –Eastern Cape via Garden Route This packaged tour starts in Cape Town (voted one of the best Cities to visit in the World),playing at the highly rated Steenberg Golf & Wine Estate and The Royal Cape, which is Africa’s oldest Club. The Tour continues along the World famous Garden Route to Fancourt Resort & Lifestyle Estate for a leisurely experience. The Pezula Golf Course on the Knysna cliffs is the final destination before heading off into our Big 5 Safari region for an abundance of wildlife experiences in the Eastern Cape, the Adventure Province. Basic itinerary for 10 day golf tour: Cape Town – Port Elizabeth Day 1: Arrival in South Africa Met at Cape Town International Airport by Freewalker Guide Check in at Cape Town accommodation (4 nights) Group drinks, dinner & brief at V&A Waterfront Day 2: Steenberg Golf & Wine Estate Breakfast at accommodation or Golf Club 18 holes on Steenberg Golf Course Lunch & drinks at Club house Wine tasting on Estate/Groot Constantia Estate Dinner on the coast of Kalk Bay Day 3: Sight-seeing around the Cape Peninsula Breakfast at accommodation Table Mountain cable car and viewing from the top Cape Point Nature Reserve visit (Southern-most tip of Africa) Lunch at the Two Oceans Restaurant (overlooking the famous False Bay) Peninsula drive via Chapman’s Peak and Hout Bay Sunset drinks and dinner at the cosmopolitan Camps Bay Day 4: Oldest Golf course in Africa day Breakfast at accommodation or Golf -
Factless Jurisprudence
University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship Summer 2003 Factless Jurisprudence Darren Lenard Hutchinson University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the Civil Rights and Discrimination Commons, Jurisprudence Commons, and the Legal History Commons Recommended Citation Darren Lenard Hutchinson, Factless Jurisprudence, 34 Colum. Hum. Rts. L. Rev. 615 (2003), available at http://scholarship.law.ufl.edu/facultypub/393 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. FACTLESS JURISPRUDENCE* by Darren Lenard Hutchinson** I. INTRODUCTION Professor Terry Smith has written a very important work on the inadequacy of juridical approaches to antidiscrimination law in the context of Title VII litigation.' Smith argues that the anti-retaliation provisions of Title VII can serve more broadly as a mechanism for protecting workers of color from prohibited racial discrimination.2 Smith contends that contemporary equality jurisprudence, however, impedes the protective scope of the anti-retaliation provision because courts fail to appreciate the broader context of racial antag- onism in which persons of color live.3 Particularly, -
South Africa Yearbook 2012/13
SOUTH AFRICA YEARBOOK 2012/13 Land and its p Land and its people Situated at the southern tip of Africa, South Africa boasts an amazing variety of natural beauty and an abundance of wildlife, birds, Land and its p plant species and mineral wealth. In addi- tion, its population comprises a unique diversity of people and cultures. The southern tip of Africa is also where archaeologists discovered 2,5-million-year- old fossils of man’s earliest ancestors, as well as 100 000-year-old remains of modern man. The land Stretching latitudinally from 22°S to 35°S and longitudinally from 17°E to 33°E, South Africa’s surface area covers 1 219 602 km2. According to Census 2011, the shift of the national boundary over the Indian Ocean in the north-east corner of KwaZulu-Natal to cater for the Isimangaliso Wetland Park led to the increase in South Africa’s land area. Physical features range from bushveld, grasslands, forests, deserts and majestic mountain peaks, to wide unspoilt beaches and coastal wetlands. The country shares common bound- aries with Namibia, Botswana, Zimbabwe, Mozambique and Swaziland, while the Mountain Kingdom of Lesotho is landlocked by South African territory in the south-east. The 3 000-km shoreline stretching from the Mozambican border in the east to the Namibian border in the west is surrounded by the Atlantic and Indian oceans, which meet at Cape Point in the continent’s south- western corner. Prince Edward and Marion islands, annexed by South Africa in 1947, lie some 1 920 km south-east of Cape Town. -
Han Fei and the Han Feizi
Introduction: Han Fei and the Han Feizi Paul R. Goldin Han Fei 韓非 was the name of a proli fi c Chinese philosopher who (according to the scanty records available to us) was executed on trumped up charges in 233 B.C.E. Han Feizi 韓非子, meaning Master Han Fei , is the name of the book purported to contain his writings. In this volume, we distinguish rigorously between Han Fei (the man) and Han Feizi (the book) for two main reasons. First, the authenticity of the Han Feizi —or at least of parts of it—has long been doubted (the best studies remain Lundahl 1992 and Zheng Liangshu 1993 ) . This issue will be revisited below; for now, suffi ce to it to say that although the contributors to this volume accept the bulk of it as genuine, one cannot simply assume that Han Fei was the author of everything in the Han Feizi . Indeed, there is a memorial explic- itly attributed to Han Fei’s rival Li Si 李斯 (ca. 280–208 B.C.E.) in the pages of the Han Feizi ( Chen Qiyou 陳奇猷 2000 : 1.2.42–47); some scholars fear that other material in the text might also be the work of people other than Han Fei. Second, and no less importantly, even if Han Fei is responsible for the lion’s share of the extant Han Feizi , a reader must be careful not to identify the philosophy of Han Fei himself with the philosophy (or philosophies) advanced in the Han Feizi , as though these were necessarily the same thing. -
Fa [1]: Did Its Meaning Change in Chinese Philosophy? Some Remarks on Fa in Confucianism and Legalism
ASIAN AND AFRICAN STUDIES, 70, 2001, 1, 44-55 FA [1]: DID ITS MEANING CHANGE IN CHINESE PHILOSOPHY? SOME REMARKS ON FA IN CONFUCIANISM AND LEGALISM Jana B enická Department of the Languages and Cultures of the Countries of East Asia, Faculty of Philosophy, Comenius University, Bratislava, Slovakia The aim of this article is to briefly analyse the use of the character fa in early Chinese philosophical texts and in the works of so-called Legalists, and give some justifications for the claim that the meaning of the character did not simply change from ‘standard’, ‘to mod el’ in the texts of the Confucians into the meaning ‘law’ in the intentions of legal positivism, as it is often interpreted in the books on Chinese philosophy. First of all I want to say that the primary impulse for writing this essay was an article by Chad Hansen: Fa (Standards:Laws) and Meaning Changes in Chi nese Philosophy j 1 published a few years ago. In his paper he treats the problem of the meaning changes of Chinese characters. He says: “The orthodoxy is that Chinese characters (1) have more meanings and (2) change meanings more fre quently than words of other languages.”2 Than he gives an example of fa (standards:laws), saying that the usual view is that this character means stan dard or to model for early Confucians, Mohists, and Daoists, but for those called Legalists (and perhaps for Xunzi [2] (fl. 298-238 B.C.))3 it means laws. H ansen, Chad. Fa (Standards:Laws) and Meaning Changes in Chinese Philosophy. -
Directory of Organisations and Resources for People with Disabilities in South Africa
DISABILITY ALL SORTS A DIRECTORY OF ORGANISATIONS AND RESOURCES FOR PEOPLE WITH DISABILITIES IN SOUTH AFRICA University of South Africa CONTENTS FOREWORD ADVOCACY — ALL DISABILITIES ADVOCACY — DISABILITY-SPECIFIC ACCOMMODATION (SUGGESTIONS FOR WORK AND EDUCATION) AIRLINES THAT ACCOMMODATE WHEELCHAIRS ARTS ASSISTANCE AND THERAPY DOGS ASSISTIVE DEVICES FOR HIRE ASSISTIVE DEVICES FOR PURCHASE ASSISTIVE DEVICES — MAIL ORDER ASSISTIVE DEVICES — REPAIRS ASSISTIVE DEVICES — RESOURCE AND INFORMATION CENTRE BACK SUPPORT BOOKS, DISABILITY GUIDES AND INFORMATION RESOURCES BRAILLE AND AUDIO PRODUCTION BREATHING SUPPORT BUILDING OF RAMPS BURSARIES CAREGIVERS AND NURSES CAREGIVERS AND NURSES — EASTERN CAPE CAREGIVERS AND NURSES — FREE STATE CAREGIVERS AND NURSES — GAUTENG CAREGIVERS AND NURSES — KWAZULU-NATAL CAREGIVERS AND NURSES — LIMPOPO CAREGIVERS AND NURSES — MPUMALANGA CAREGIVERS AND NURSES — NORTHERN CAPE CAREGIVERS AND NURSES — NORTH WEST CAREGIVERS AND NURSES — WESTERN CAPE CHARITY/GIFT SHOPS COMMUNITY SERVICE ORGANISATIONS COMPENSATION FOR WORKPLACE INJURIES COMPLEMENTARY THERAPIES CONVERSION OF VEHICLES COUNSELLING CRÈCHES DAY CARE CENTRES — EASTERN CAPE DAY CARE CENTRES — FREE STATE 1 DAY CARE CENTRES — GAUTENG DAY CARE CENTRES — KWAZULU-NATAL DAY CARE CENTRES — LIMPOPO DAY CARE CENTRES — MPUMALANGA DAY CARE CENTRES — WESTERN CAPE DISABILITY EQUITY CONSULTANTS DISABILITY MAGAZINES AND NEWSLETTERS DISABILITY MANAGEMENT DISABILITY SENSITISATION PROJECTS DISABILITY STUDIES DRIVING SCHOOLS E-LEARNING END-OF-LIFE DETERMINATION ENTREPRENEURIAL -
Utilitarianism for a Broken Future
Utilitarianism for a broken future. Tim Mulgan, University of St Andrews, [email protected] November 2010 for the Club of Amsterdam Philosophers have a collaborative relationship with our own and resources beyond these minimum requirements. By con- history. We work within traditions of thought that emphasise trast, a broken world lacks favourable conditions. Natural re- some questions, problems, and methods rather than others. I sources are insufficient to meet the basic needs of the popula- work in the liberal utilitarian tradition, associated most fa- tion – perhaps due to inadequate supplies of food and drinka- mously with Jeremy Bentham, John Stuart Mill, and Henry ble water. A broken world cannot feed itself, and the resources Sidgwick. This tradition places human well-being centre of the earth cannot support all human beings. The climate is stage. Utilitarians judge everything – actions, moral codes, very unpredictable, and extreme weather events are common. political and legal institutions, and even beliefs – by its impact Each generation is worse-off than the last, and our affluent on human flourishing. Utilitarianism is also completely impar- way of life is no longer an option. Within this harsh global tial. As Bentham put it, ‘each is to count for one, and none for context, some areas are more broken than others. Indeed, some more than one’. Utilitarians count all human happiness equal- are uninhabitable by human beings. ly, wherever and whenever it occurs.1 This is not our world. Humanity currently has the resources to My recent work has focused on the demands of utilitarianism, meet everyone's needs. -
Joint Geological Survey/University of Cape Town MARINE GEOSCIENCE UNIT TECHNICAL ^REPORT NO. 13 PROGRESS REPORTS for the YEARS 1
Joint Geological Survey/University of Cape Town MARINE GEOSCIENCE UNIT TECHNICAL ^REPORT NO. 13 PROGRESS REPORTS FOR THE YEARS 1981-1982 Marine Geoscience Group Department of Geology University of Cape Town December 1982 NGU-Tfc—Kh JOINT GEOLOGICAL SURVEY/UNIVERSITY OF CAPE TOWN MARINE GEOSCIENCE UNIT TECHNICAL REPORT NO. 13 PROGRESS REPORTS FOR THE YEARS 1981-1982 Marine Geoscience Group Department of Geology University of Cape Town December 1982 The Joint Geological Survey/University of Cape Town Marine Geoscience Unit is jointly funded by the two parent organizations to promote marine geoscientific activity in South Africa. The Geological Survey Director, Mr L.N.J. Engelbrecht, and the University Research Committee are thanked for their continued generous financial and technical support for this work. The Unit was established in 1975 by the amalgamation of the Marine Geology Programme (funded by SANCOR until 1972) and the Marine Geophysical Unit. Financial ?nd technical assistance from the South African National Committee for Oceanographic Research, and the National Research Institute for Oceanology (Stellenbosch) are also gratefully acknowledged. It is the policy of the Geological Survey and the University of Cape Town that the data obtained may be presented in the form of theses for higher degrees and that completed projects shall be published without delay in appropriate media. The data and conclusions contained in this report are made available for the information of the international scientific community with tl~e request that they be not published in any manner without written permission. CONTENTS Page INTRODUCTION by R.V.Dingle i PRELIMINARY REPORT ON THE BATHYMETRY OF PART OF 1 THE TRANSKEI BASIN by S.H. -
Code of Judicial Conduct
Code of Judicial Conduct WASHINGTON STATE CODE OF JUCIAIL CONDUCT (CJC) TABLE OF CONTENTS PREAMBLE SCOPE APPLICATION TERMINOLOGY CANON 1 A JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY. RULE 1.1 Compliance with the Law RULE 1.2 Promoting Confidence in the Judiciary RULE 1.3 Avoiding Abuse of the Prestige of Judicial Office CANON 2 A JUDGE SHOULD PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY, COMPETENTLY, AND DILIGENTLY. RULE 2.1 Giving Precedence to the Duties of Judicial Office RULE 2.2 Impartiality and Fairness RULE 2.3 Bias, Prejudice, and Harassment RULE 2.4 External Influences on Judicial Conduct RULE 2.5 Competence, Diligence, and Cooperation RULE 2.6 Ensuring the Right To Be Heard RULE 2.7 Responsibility To Decide RULE 2.8 Decorum, Demeanor, and Communication with Jurors RULE 2.9 Ex Parte Communications RULE 2.10 Judicial Statements on Pending and Impending Cases RULE 2.11 Disqualification RULE 2.12 Supervisory Duties RULE 2.13 Administrative Appointments RULE 2.14 Disability and Impairment RULE 2.15 Responding to Judicial and Lawyer Misconduct RULE 2.16 Cooperation with Disciplinary Authorities CANON 3 A JUDGE SHALL CONDUCT THE JUDGE?S PERSONAL AND EXTRAJUDICIAL ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH THE OBLIGATIONS OF JUDICIAL OFFICE. RULE 3.1 Extrajudicial Activities in General RULE 3.2 Appearances before Governmental Bodies and Consultation with Government Officials RULE 3.3 Testifying as Character Witness -
Philosophy 302: Plato and Aristotle Course Description This Course
Philosophy 302: Plato and Aristotle Course Description This course surveys the essential content of the philosophies of Plato and Aristotle and considers more briefly some of the earlier thinkers whose ideas form the immediate context for their works. We will begin with dialogues in which Plato's is thought to give a reasonable accurate depiction of his mentor Socrates, and will focus on the ethical theses defended in these works and on the standards for knowledge presupposed by them. We will then observe how these theses and standards, in combination with certain ideas and problems from pre-Socratic thought, lead Plato to develop the first philosophical system: an integrated set of ideas about the fundamental nature of reality, man, knowledge, and value. We will then turn to Aristotle’s formulation of the principles of logic and the structure of science. Finally, we will study Aristotle's own philosophical system, with a focus on the ways in which it is similar to and different from Plato's. Instructor and Course Information Instructor: Gregory Salmieri ([email protected], 412-576-2990) Meetings: Friday 11:30am – 2:30pm, Murray Hall 115 Required Books Reeve (tr.), Plato: Republic, Hackett (ISBN-10: 0872207366, ISBN-13: 978-0872207363). [Amazon] [Barnes and Noble] Irwin and Fine (tr.), Aristotle: Selections (ISBN-10: 0915145677, ISBN-13: 978-0915145676). [Amazon] [Barnes and Noble] Adamson, Classical Philosophy, Oxford University Press (ISBN-10: 0199674531, ISBN-13: 978- 0199674534). [Amazon] [Barnes and Noble] Additional readings available online. Grading There will be ten quizzes over the course of the semester, administered through Sakai, which will be collectively worth 20% of the grade, two papers each worth 30% of the grade, and a final exam worth 20%.