Academic literature on the topic 'Casuistic Questions'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Casuistic Questions.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Casuistic Questions"

1

Eva, Marta Eleonora Oggioni. "Kantische Antworten auf Kants kasuistische Fragen, die vollkommenen Pflichten gegen sich selbst betreffend." Con-Textos Kantianos. International Journal of Philosophy 1, no. 5 (2017): 38–57. https://doi.org/10.5281/zenodo.805710.

Full text
Abstract:
The paper engages with the <em>Casuistic questions</em> posed in the book on the <em>Perfect Duties to Oneself</em>, in the <em>Metaphysical Principles of the Doctrine of Virtue</em> of the <em>Metaphysic of Morals</em>. It investigates whether it is possible to identify Kant’s literal answers to the casuistic questions that Kant himself poses, concluding that it is not. Therefore, <em>Kantian</em> answers rather than <em>Kant’s</em> answers are discussed. The paper’s outcome supports a rigorist interpretation of Kant’s ethics.
APA, Harvard, Vancouver, ISO, and other styles
2

Setyaningsih. "FATWA INSTITUTIONS IN ISLAMIC LAW." Awang Long Law Review 5, no. 1 (2022): 314–20. http://dx.doi.org/10.56301/awl.v5i1.566.

Full text
Abstract:
Fatwa is one of the products of Islamic legal thinking in the form of ijtihad of scholars who formulate a formula for legal provisions in response to questions raised regarding various aspects of law. The fatwafatwas of the Ulama have a casuistic nature and tend to be dynamic regarding problems in society that are important to know about the legal provisions of the Islamic community. These fatwafatwas are contributions to the development of Islamic law in particular and national law in general.
APA, Harvard, Vancouver, ISO, and other styles
3

Laskowska, Katarzyna. "Rehabilitation of Nazism as a Crime in the Criminal Code of the Russian Federation." Ius Novum 17, no. 1 (2023): 1–23. http://dx.doi.org/10.2478/in-2023-0001.

Full text
Abstract:
Abstract The paper discusses with the crime of rehabilitation of Nazism contained in the 1996 Criminal Code of the Russian Federation. It presents the rationale for its introduction into the legislation, the scope of the legal regulation, and its evaluation in terms of its content and edition. For the purpose of the publication, research questions were posed, the answers to which demonstrated the political and populist nature of the regulation and its imprecise casuistic approach, which brings few benefits to Russia’s criminal policy.
APA, Harvard, Vancouver, ISO, and other styles
4

Teza Salih Mauludin, Lies Sulistiani, and Ajie Ramdan. "Kriteria/Keadaan yang Bersifat Kasuistik dalam Penghentian Penuntutan Berdasarkan Keadilan Restoratif." Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 1, no. 4 (2024): 73–84. http://dx.doi.org/10.62383/presidensial.v1i4.196.

Full text
Abstract:
This legal research aims to examine the provisions of criteria/circumstances that are casuistic in the termination of prosecution based on restorative justice. Prosecutor's Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice mentions the provisions of a quo in Article 5 Paragraph (2) and Article 5 Paragraph (5). The a quo provision in the regulation does not have clear indicators so it is prone to multiple interpretations. The research method used is normative juridical by examining literature materials or secondary data. There are two approaches, namely the legislative approach and the case approach. Data collection techniques are also used interview techniques in the form of questions and answers with the Public Prosecutor of the District Attorney's Office to obtain information that supports this research. The results of the study show that there are no clear indicators of criteria/circumstances of a casuistic nature in the termination of prosecution based on restorative justice has implications for the results of the public prosecutor's decision to consider the application for Restorative Justice. The absence of explanation of the provision was returned to the consideration of the public prosecutor with discretionary authority.
APA, Harvard, Vancouver, ISO, and other styles
5

Schuessler, Rudolf. "Kant, casuistry and casuistical questions." Journal of Philosophy of Education 55, no. 6 (2021): 1003–16. http://dx.doi.org/10.1111/1467-9752.12612.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

Kjær, Morten. "Mellem Skylla og Charybdis – træk af legalitetsprincippets historie i dansk strafferet." Nordisk Tidsskrift for Kriminalvidenskab 104, no. 1 (2017): 77–92. http://dx.doi.org/10.7146/ntfk.v104i1.115003.

Full text
Abstract:
This article deals with the history of the principle of legality in Danish criminal law. The principle of legality is a relatively new invention and was first introduced with the criminal code of 1866 § 1. Before that, courts were given broad discretion in criminal cases. This discretion must be viewed as the logical consequence of the lack of a comprehensive and systematic criminal code such as that first issued in 1866 where it replaced the sixth book in the National Law of Denmark1683. With the promulgation of a new systematic criminal code it was possible to introduce the principle of legality in Danish criminal law in 1866. While the principle of legality was designed to secure the predictability of the criminal law, measures were also taken in order to secure flexibility in the application of the code by the courts. The often casuistic definitions of the criminal offenses in the National Law of Denmark were thus replaced by abstract definitions and thecourts were generally left with a wide margin of discretion when it came to questions of punishment. The criminal code of 1866 was thus built on a compromise between legality and flexibility.
APA, Harvard, Vancouver, ISO, and other styles
7

Drerup, Johannes. "What Exactly (If Anything) is Wrong with Paternalism Towards Children?" Philosophical Inquiry in Education 24, no. 4 (2020): 348–67. http://dx.doi.org/10.7202/1070691ar.

Full text
Abstract:
Theoretical and practical issues concerning the justification of paternalism towards children are widely debated in a variety of philosophical contexts. The major focus of these debates either lies on questions concerning the general legitimacy of paternalism towards children or on justifications of paternalism in concrete situations involving children (e.g. in applied ethics). Despite the widespread consensus that the legitimacy of educational paternalism in important respects hinges on its principled, temporal and domain-specific limitation (e.g., via a soft-paternalist strategy), surprisingly little has been said about conditions and criteria that determine what exactly (if anything) is morally wrong with paternalism towards children. This contribution aims to further the understanding of these normative issues by providing a critical analysis of the theoretical and methodological difficulties involved in developing context-invariant criteria for the identification of specific wrong-making features of paternalist rationales and paternalistically justified practices in cases involving children. I am going to show that the moral status of pro- and anti-paternalist reasons is much more context-sensitive than usually assumed by proponents of standard generalist justificatory strategies. In conclusion my argument is that a moral particularist and casuistic framework may offer an adequate theoretical alternative to make sense of the context-dependent wrongs (and rights) of educational paternalism.
APA, Harvard, Vancouver, ISO, and other styles
8

Kienia, Tatiana A., Tatiana B. Morgunova, and Valentin V. Fadeyev. "Secondary hypothyroidism in adults: diagnosis and treatment." Clinical and experimental thyroidology 15, no. 2 (2019): 64–72. http://dx.doi.org/10.14341/ket10303.

Full text
Abstract:
Secondary hypothyroidism is a rare disease. There is a number of questions and difficulties in diagnosis and management of this condition. There are two forms of secondary hypothyroidism: congenital (casuistic seldom) and acquired. The main causes of secondary hypothyroidism in adults are tumors of the hypothalamic-pituitary region and the state after surgical and radiation effects on this area. Hormonally active and inactive pituitary macroadenomas cause the development of acquired secondary hypothyroidism in more than 50% of cases. The development of secondary hypothyroidism is possible years after the radiotherapy of brain tumors. As well as in case of primary hypothyroidism, the clinical manifestations of secondary hypothyroidism are non-specific. Diagnosis and management of this pathology is often complicated by its combination with the deficiency of other tropic hormones. The diagnosis of secondary hypothyroidism is based on anamnestic data and laboratory tests - the simultaneous determination of the levels of fT4 and TSH. The level of fT4 today is also used as the main marker of the adequacy of the dose of L-T4 in the treatment of secondary hypothyroidism. The results of recent studies help us to optimize replacement therapy in secondary hypothyroidism. However, the use of additional biochemical markers to assess the adequacy of replacement therapy remains unexplored.
APA, Harvard, Vancouver, ISO, and other styles
9

Anufriev, A. A. "TO CASUISTICS OF TOTAL REMOVAL OF THE UTERUS THROUGH VAGINA." Journal of obstetrics and women's diseases 6, no. 4 (2020): 376–84. http://dx.doi.org/10.17816/jowd64376-384.

Full text
Abstract:
One of the most interesting and important questions of operative gynecology was and is the question of surgical methods of treatment of uterine cancer. The task and purpose of each operative removal of a malignant neoplasm should be expressed, on the one hand, in its technical simplicity, and, on the other, in achieving the desired and final result, i.e., in the radical healing of the body, since the operation is undertaken under conditions with a predicted quo ad valetudinem, and not quo ad vitam. A whole galaxy of scientists, converging more or less in this complex and main goal of surgical intervention for uterine cancer, begins to break up into groups, as soon as it comes to the nature and extent of the spread of neoplasm in connection with the operative method, with indications and contraindications to it. These disagreements, depending both on the difficulty of determining in each given case microscopically the extent of cancer prevalence, and on the complexity of some of the problems, are the reason that the main surgical methods, such as: Amputatio infravaginalis colli uteri, supravaginalis, colpohysteroectomoectomia and laparohyster serve as controversial points in gynecology.
APA, Harvard, Vancouver, ISO, and other styles
10

Radvanová, Senta. "Rozvod manželství v československém právu." AUC IURIDICA MONOGRAPHIA 1966, no. 4 (2025): 3–105. https://doi.org/10.14712/30297958.2025.5.

Full text
Abstract:
The first chapter of this study on divorce in Czechoslovak law deals with some general questions. It deals first with a problem which is, according to the opinion of the author, worth of interest and which is constituted by the mode of conceiving in the legal norm, the conditions of the dissolution of the marriage. What solution does the legislator give to the legal problem, represented by the dissolution of the marriage in the countries, where such a dissolution of the marriage by a decision of the court is admitted by the law? The corresponding solutions are very different, both as far as the civil and the legal procedure regulations are concerned. The problem is that of the regulation of divorce, of the conditions under which the divorce can be granted and which are determined by the civil regulations, as well as by the legal procedure regulations concerning divorce cases. These questions have been and are resolved in many States, as well in the bourgeois law as in the socialist law. The author deals first with the example constituted by the evolution of this legal problem in Czechoslovakia, from 1919 up to the actual period. Originally, the Czechoslovak law knew on the one hand the judicial separation from table and bed and on the other hand the divorce. The legal conception of divorce, that means the expression in the law of this conception, was a typical example of a casuistic determination of conditions requested for the dissolution of marriage. The author analyses afterwards some regulations of the bill of a new general Civil code, prepared in 1933, as far as they concerned the divorce. After this introductory analysis, the author comes to the conclusion that the legal regulation of the dissolution of the marriage is always determined first of all by the political and social circumstances, that it depends on the type of the State in question. It is however influenced also by other factors, those which influence the legal regulations of family relations in general. The circumstances in question are historical, religious and often very various ones and only temporarily acting. The legal regulation of the dissolution of the marriage cannot be understood therefore separately from the legal regulation of other family relations, because it is connected in an organic way with this general regulation. The different legal regulations influence each other as far as the conception itself is concerned and sometimes even in details — principally when the historical, the social and the political conditions of the societies in question are almost identical. In such cases, not only the experiences and the principles of the juridical regulation are accepted, but sometimes, in several States, even the formulations of the corresponding legal texts become very near and similar. This phenomenon can be observed not only as far as the evolution of the bourgeois family law is concerned, but it is especially characteristic for the socialist family law in the course of its evolution. In this case, it is above all necessary to pay attention to the investigation of these problems in the family law of the USSR, where the evolution of the legal regulations concerning the dissolution of the marriage by divorce depends, during decades, on the concrete living conditions of the Soviet society. The legal regulation in question, that means the legal regulation of the divorce, was very clearly connected in this case with the regulation of the origin of the marriage and the global conception of marriage. In spite of the naturally complex character of the evolution of legal regulations concerning these problems, the Soviet family law brought nevertheless a great deal of valuable experience for the formation of a socialist family law; practically all the Codes of the people’s democracies were based on this experience. The author deals further with some general features, as well as with some interesting and particular phenomena in the evolution of the legal regulation of divorce during the original period of the people’s democracies and of the construction of socialism. From this standpoint of view, very interesting are the years 1945—1950, as far as the different people’s democracies are concerned. Two periods can be clearly distinguished. During the first period, beginning just after the end of the second World War, a tendency can be observed in favour of a large relaxation of divorce; this tendency is obvious in the legal expression of the conditions requested for divorce. So, for instance, has been introduced at that time the so called preconcerted divorce. This period of evolution was obviously historically necessary. The second, following period, is characteristic by a retreat from the tendency favourable to an easy divorce; so, for instance, the regulation of the preconcerted divorce is abandoned, the legislator retreats from the casuistic method and on the contrary, very broad, generalizing formulations are adopted in order to express the legal conditions requested for the dissolution of the marriage. It is during this period also that another characteristic feature appears: a considerable mutual approach of the legal regulations concerning divorce in the different socialist and people’s democratic States. The adopted solution gives the possibility to individualize every case during the debates in court; the debates in court are not formal in such a case, they proceed in fact in a way which corresponds to the principle of the ascertainment of the material (objective) truth. This tendency becomes naturally manifest also in the course of the actual period in the Czechoslovak legal regulation of the divorce. In the second chapter of the study, the author examines the pre-conditions of the divorce according to the Czechoslovak civil as well as legal procedure regulations. The author analyses first of all the principal general question, which means, first of all, the theoretical interpretation of the notion “rift in the marriage”. The notion of “rift in the marriage” and its interpretation from the viewpoint of the Czechoslovak legal regulation concerning divorce, is very important. The author considers that, from the viewpoint of the legislative expression and conception, this rift always signifies an existing, contemporary and real state of things, caused by certain causes. The rift itself represents afterwards the cause of the fact that the marriage cannot fulfil its social aim. For that reason, the proper “reason for the divorce” is in fact always constituted by the rift in the marriage. During the debates in court the decisive factor is therefore the examination of the said rift and the examination of the social influence this rift exercises on the marriage. The author deals afterwards in detail first with the conditions of the divorce, as requested by the rules of the civil law, and later also with the involved questions concerning legal procedure. She makes a comparison between the regulation concerning these problems, as contained in the previous Act and the corresponding regulation, as contained in the Family Code No. 94 1963 of the Bui.; she points to the fact that the new Family Code brought about many differences. She considers the rejection of the action for divorce as being one of the most important problems; she examines the theoretical aspect of the problem from the viewpoint of the interpretation of the new Act, as well as some practical questions which result from it and which appear in the process of the application of these regulations by the courts. Also in the domain of the rules concerning legal procedure, the new regulation, based on the Code of Civil Procedure, brought about a series of new theoretical and practical problems. This concerns first of all the so called conciliatory procedure between husband and wife. The author considers that this procedure could have a practical importance only if it would have a forcible impact from its very beginning. The court should therefore proceed having certain minimum knowledge of the facts concerning the concrete case. It is however not excluded that this will not always be the case. It must be feared in a certain way that the new regulation, which established this new condition of legal procedure for the dissolution of the marriage, consisting in the conciliatory procedure between husband and wife, will practically be considered only as a means by which the divorce case is prolonged. The third chapter deals with problems involved by the decisions of the courts concerning the children under age in case of the divorce of their parents. The divorce becomes undoubtedly a major social question, where there are children under age, originated from the marriage. This is still more important in view of the fact that in Czechoslovakia, out of the total number of divorces, prevails the number of cases, where the divorce means the dissolution of a marriage with children under age. The questions connected with those problems are in general very troublesome for the society. Already the situation itself of a disturbance in the personal relations between husband and wife is, as a conflict situation, not favourable for the interests of the child. The means, by which the child can be protected against the rift in the marriage of the parents, are in fact minimum. Some possibilities exist to exerce an influence on the parents, but all these are very limited means, which bring about a remedy only in a very limited number of cases. The law provides therefore certain means designed to soften at least the consequences of the rift or of the divorce of the child’s parents. The law provides for the case of the divorce of parents special means designed to the protection of the rights of the children under age, originated from the marriage in question. If the court comes to the conclusion that it will dissolve the marriage by divorce, it must always resolve also the question of the situation of the child for the time after the divorce of the parents and it must fix for that time the exercise of rights and duties of the parents towards their child. The proceedings concerning the rights and the duties of the parents towards their child during the time after the divorce, represent often the most difficult section of the divorce case. The best solution is in every respect if the parents arrange all those questions by a mutual agreement, approved by the Court. The law prefers therefore such a solution. If, however, such an agreement is impossible, it is necessary that the court should take itself a corresponding decision. The problems involved in such a case are extremely various and are as well theoretical as practical. The problems treated in that respect by the author in the present study concern principally the question which consists to know to whom of the parents the Court will commit the child’s education, the question of the determination of the maintenance allowances for the child and the question of the regulation of the relations between the child and the parent. The last chapter is devoted to the problem concerning the blame for the rift in the marriage. The experience acquired during the validity of the preceeding Act on family law, that means during the years 1950-1962, has shown that the statement as to guilt had to be made in about 50 p.c. of all the divorce cases. It is obvious therefore that the blame for the divorce has been a conception quite deep-rooted in our population. It is necessary to consider on the other hand the fact — and the legislator based obviously himself on this consideration in the elaboration of the new Act, which already completely omits the conception of the blame for the divorce — that in matrimonial relations it is sometimes very difficult to determine exactly up to what point reaches legal duty and from where begins the ethical relation and the ethical duties based on it. Guilt is however, if contained in a legal norm, a legal category and it can therefore refer only to the relation of the acting person to the results of the acting, provided that the acting in question constitutes a violation of some legal duty. The distinction between the different forms of guilt, practical in the other juridical branches, is not practical as far as the blame of rift in the marriage is concerned. In the previous Act a certain legal importance has been attached as well to the blame of the rift in the marriage - for the question of the admissibility of the divorce under certain specific conditions — as to the statement as to the blame for the divorce. It is why the new Act, which does not know the notion of guilt in connection with divorce, has resolved differently also those problems. As for the admissibility of the divorce, the legislator considers as being the basis of this question the examination of the problems involved by the rift in the relations between the spouses; he does not bind himself anymore by the ascertainment of the conduct of the spouses in connection with the qualification of such a conduct in the sense of the ascertainment of a guilt. As far as certain juridical consequences are concerned, which have been linked up by the previous Act to the statement as to the blame for the divorce and which have been first of all the problems concerning the maintenance allowances after the divorce, they are also regulated differently. The author concentrates herself in this respect on the analysis of the problems concerning the maintenance allowances after the divorce, first of all on some practical aspects of the decisions taken by the courts in this domain. It results from this analysis, that the courts will now have to assemble, in a series of cases, far more basic materials for their decision than it was necessary before, when the basic criterion for the decision on the adjudgement or the non-adjudgement of maintenance allowances has been the previous statement concerning the blame for the divorce of the marriage.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Dissertations / Theses on the topic "Casuistic Questions"

1

KOZLOVÁ, Stanislava. "Nadané a talentované děti na prvním stupni a práce s nimi." Master's thesis, 2009. http://www.nusl.cz/ntk/nusl-47911.

Full text
Abstract:
The thesis deals with talented and gifted children in a basic school. A main goal is detection of situation of work with talented and gifted children in a basic school. The thesis is separated into two basal parts - theoretic and practice. The theoretic part introduces terms and theories which are relate with studied problem. Practice part deals with methodology for detection of talented and gifted children. The thesis uses the question-form method. There is substantiated using questions and their evaluation . The important close is assignment that teachers and parents have a different view to children (from finding site). The teachers are closer to children, due to they have closer to find talented or gifted children. The thesis uses casuistic method for classification of children. Thesis also mentioned legislative ground in Czech Republic and organizations that is worked with talented and gifted children.
APA, Harvard, Vancouver, ISO, and other styles

Books on the topic "Casuistic Questions"

1

Corran, Emily. Some Comments on Later Casuistry and ‘Jesuitical’ Equivocation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828884.003.0007.

Full text
Abstract:
This chapter discusses early modern controversies about equivocation and mental reservation in the light of medieval intellectual history. Sixteenth-century polemics on equivocation are best explained in terms of the social and intellectual developments of that period, rather than anything inherent to the medieval discussion. The Reformation, the wars of religion in the sixteenth century, the persecution of religious minorities created an urgent new need for casuistry among Catholics who found themselves endangered. In addition the Second Scholasticism sought to make pastoral teaching relevant to political leaders of their period. Nevertheless, the combination of a stable framework of casuistical questions and changing content of moral theology that emerged in the later Middle Ages is crucial for understanding its subsequent history. The framework of ideas that were established during the medieval period was a crucial limiting factor to the later quarrels about justified equivocation.
APA, Harvard, Vancouver, ISO, and other styles
2

Corran, Emily. Equivocation and Casuistry. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828884.003.0002.

Full text
Abstract:
The doctrine of equivocation and mental reservation has been caricatured as an invention of early modern academia, but it was a familiar concept in the Middle Ages. This chapter explores the range of ways in which thought about equivocation appeared in medieval culture. A number of literary genres discussed equivocation, including hagiography, chanson de geste, and romance. The way in which they treated the subject varied according to genre and the requirements of the narrative, but many of these texts highlighted the moral ambiguity of equivocation, especially the chanson de geste Ami et Amile and the romances Tristan and Cligès. Clerical writing on equivocation, the main subject of this study, shared important aspects of the literary treatment of the subject, but in comparison focused more explicitly on pastoral questions of sin and absolution.
APA, Harvard, Vancouver, ISO, and other styles
3

Corran, Emily. The Early Casuistry of Lying and Perjury. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828884.003.0003.

Full text
Abstract:
Clerical casuistry of lying first appeared in the late twelfth century, although more general discussions of lying dated back to patristic times. Augustine had written influentially on the ethics of lying, but tended to insist on an unbending prohibition of lying rather than exceptional cases. In the twelfth century, new compilations of Christian theology, including Abelard’s Sic et Non and Gratian’s Decretum, suggested more explicitly that lying and perjury was still an open question. Canon lawyers showed increased interest in casuistry, in the context of practical questions about mitigated guilt, and exegetes in the later twelfth century discussed the morality of biblical characters in the literal sense. All of these factors contributed to create a ferment of practical thought about lying and perjury in this period. These were distinct currents in a larger tide of applied pastoral thought, which correlated with the rise of frequent confession among lay people.
APA, Harvard, Vancouver, ISO, and other styles
4

Corran, Emily. Lying and Perjury in Medieval Practical Thought. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828884.001.0001.

Full text
Abstract:
Thought about lying and perjury became increasingly practical from the end of the twelfth century in Western Europe. At this time, a distinctive way of thinking about deception and false oaths appeared, which dealt with moral dilemmas and the application of moral rules in exceptional cases. It first emerged in the schools of Paris and Bologna, most notably in the Summa de Sacramentis et Animae Consiliis of Peter the Chanter. The tradition continued in pastoral writings of the thirteenth century, the practical moral questions addressed by theologians in universities in the second half of the thirteenth century, and in the Summae de Casibus Conscientiae of the late Middle Ages. This book argues that medieval practical ethics of this sort can usefully be described as casuistry—a term for the discipline of moral theology that became famous during the Counter-Reformation. This can be seen in the medieval origins of the concept of equivocation, an idea that was explored in medieval literature with varying degrees of moral ambiguity. From the turn of the thirteenth century, the concept was adopted by canon lawyers and theologians, as a means of exploring questions about exceptional situations in ethics. It has been assumed in the past that equivocation and the casuistry of lying was an academic discourse invented in the sixteenth century in order to evade moral obligations. This study reveals that casuistry in the Middle Ages was developed in ecclesiastical thought as part of an effort to explain how to follow moral rules in ambiguous and perplexing cases.
APA, Harvard, Vancouver, ISO, and other styles
5

Shapiro, Barbara. Law and the Evidentiary Environment. Edited by Lorna Hutson. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199660889.013.33.

Full text
Abstract:
This essays explores several epistemological related elements in the early modern English jury trial environment. Witnessing, credibility, testimony, doubt, suspicion, equivocation, conscience, fact, and oaths are frequent topics in law and literature studies. In one way or another, all of them raise questions of truth-telling, fact-finding, and epistemology. This environment included oath taking, the credibility of oath and non oath takers, the rhetorical origins of credibility criteria, casuistry, and the legal language of ‘satisfied conscience’, and the interplay between ‘truth’ and ‘mercy.’ It also discusses the consistency, tension, and/ or conflict between conceptual elements and the practices of grand jurors, jurors, and judges.
APA, Harvard, Vancouver, ISO, and other styles
6

Corran, Emily. Theoretical Problems and Authoritative Voices. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828884.003.0006.

Full text
Abstract:
After Peter the Chanter and Robert of Courson, there was relatively little practical moral discussions in the theology faculty until the rise of the institution known as quodlibets in the 1250s, where it was permitted to pose any question to a theology master. This chapter shows how theology masters returned to the pastoral interests of their predecessors. They revived problems on lying and oath-breaking and thereby included practical problems in the same forum as systematic theology and theoretical ecclesiology. On occasion theologians also brought greater academic and speculative depth to familiar dilemmas taken from the Decretum and pastoral manuals. More significantly, they treated problems that had previously been the preserve of law and pastoral writing as problems that should be addressed by a theology master. These new qualities played an important role in the formation of casuistry as a discipline.
APA, Harvard, Vancouver, ISO, and other styles

Book chapters on the topic "Casuistic Questions"

1

Lashmore-Davies, Adrian. "‘The Casuistical Question’: Oaths and Hypocrisy in the Writings of Johnson and Bolingbroke." In The Interpretation of Samuel Johnson. Palgrave Macmillan UK, 2012. http://dx.doi.org/10.1057/9781137264725_5.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Deakin, Simon, and Zoe Adams. "22. The Protection of Human Privacy." In Markesinis & Deakin's Tort Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198747963.003.0022.

Full text
Abstract:
This chapter discusses violations of human privacy by private individuals and organisations. This is a rapidly evolving area of the law, one which has, like defamation, been influenced to a great extent by developments in communication technology, as well as in human rights law. And like defamation, this area of the law too raises important questions about the role, and conduct, of the press. The discussion in this chapter is divided as follows: (1) the difficulties of defining privacy; (2) the casuistic protection afforded by English law; (3) the protection afforded in the most important types of cases; (4) the growth of breach of confidence after the entry into force of the Human Rights Act 1998 and the emergence in recent years of the ‘distinct’ tort of misuse of private information; (5) Europe and beyond.
APA, Harvard, Vancouver, ISO, and other styles
3

Walter, Ryan. "The Corn Laws and the Casuistry of Free Trade, 1813–1815." In Before Method and Models. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197603055.003.0005.

Full text
Abstract:
This chapter examines the Corn Laws debate from 1813 to 1815, focusing on the contributions of Malthus, Ricardo, and Robert Torrens. This episode has traditionally been studied as a moment of conceptual progress for political economy, above all through the emergence of the concepts of diminishing returns and comparative advantage. The account here produces different results by returning the texts of Malthus, Ricardo, and Torrens to their historical context, which is shown to be one where casuistical argument was deployed to counsel Parliament on how to resolve a policy question. In particular, the issue was whether or not Parliament ought to diverge from the principle of free trade in the pursuit of other principles of statecraft, the stability and security of the food supply preeminently. Once the texts are read as instances of casuistry, Ricardo’s famed theoretical brilliance instead appears as clumsiness and detachment from the needs of Parliament.
APA, Harvard, Vancouver, ISO, and other styles
4

Höcker, Arne. "Freud’s Cases." In The Case of Literature. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501749353.003.0010.

Full text
Abstract:
This chapter assesses Sigmund Freud's case histories in his 1895 Studies on Hysteria. Far from removing literature from the psychological context, Freud shifts the focus regarding the function of literary fiction for psychological cognition from authorship to form. The question of literary form initially appears in Freud in connection with his case histories on hysteria and with the problem of casuistic representation. Freud, however, reverses the prevalent criminological perspective when he notes a certain proximity of his own scientific case histories to literature. This comparison concerns less the scientific value of Freud's case histories than it does literary fiction and its reality value, and, thus, his contribution to new conceptions of literary realism.
APA, Harvard, Vancouver, ISO, and other styles
5

Herman, Barbara. "Tracking Value and Extending Duties." In The Moral Habitat. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192896353.003.0009.

Full text
Abstract:
This chapter shows how both perfect and imperfect duties require both agents and institutions to take responsibility for tracking moral value across their respective contexts of right and duty. The casuistry that belongs to perfect duties is contrasted with the exercise of discretion essential to acting on an imperfect duty. A defense of juridical imperfect duties is offered. Citizens and officials of the state acting under the auspices of a juridical right or duty may need to exercise the kind of discretion that is the mark of an imperfect duty. Questions about moral change in the content and locus of duties are introduced.
APA, Harvard, Vancouver, ISO, and other styles
6

Walter, Ryan. "Introduction to Part II." In Before Method and Models. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197603055.003.0003.

Full text
Abstract:
This Introduction indicates the aim of the two chapters that follow: to illustrate how parliamentary debate provided political economy with its topics of discussion and forms of argument. The particular case studies are the Bullion Controversy and the Corn Laws debate. The first controversy concerned the role of the Bank of England in raising prices through an excessive note issue, and this question came to be examined by writers such as Malthus and Ricardo at an abstract level. But this style of argument was rejected as inappropriate for guiding the deliberations of Parliament in 1810–1811. In relation to the second case, the Corn Laws, c. 1813–1815, the question of whether or not the trade in corn should be free was treated in Parliament as a question requiring casuistical adjudication, a style of argument that Malthus and Ricardo were evidently obliged to adopt, along with other participants. Both topics have traditionally been studied as key moments in the development of economic theory, yet the account developed here suggests that we have typically misread the texts by placing them in unhistorical contexts.
APA, Harvard, Vancouver, ISO, and other styles
7

Hamilton, John T. "Embarkations." In Security. Princeton University Press, 2013. http://dx.doi.org/10.23943/princeton/9780691157528.003.0009.

Full text
Abstract:
This chapter discusses how the sea continued to furnish the imagery for staging a broad variety of conflicts, from interstate war and civil discord to interpersonal strife and individual emotional disruption. The political and social crises and emergencies that repeatedly punctuated fourteenth-century Europe thus had recourse to the land–sea dichotomy in order to articulate both hope and fear: security's potential victory over fear as well as the possible triumph of fear. As a site of insecurity and uncertainty, the nautical experience has consistently provided the terms for difficult questions in moral philosophy, for limit cases that test the validity of one's judgment. Cases where individual lives are threatened at sea furnish problems linked to the issue of urgency and the “state of exception” where conventional rules and ordinary values may be suspended. Such casuistical arguments classically reach toward conditions for moral laxity and especially thrive on the extreme example of shipwreck, an emergency situation that reevaluates interpersonal behavior and thereby questions the grounds for social relations.
APA, Harvard, Vancouver, ISO, and other styles
8

Berkman, John. "Adopting Embryos." In The Oxford Handbook of Religious Perspectives on Reproductive Ethics. Oxford University Press, 2024. http://dx.doi.org/10.1093/oxfordhb/9780190633202.013.20.

Full text
Abstract:
Abstract For over twenty-five years, the relatively rare but now growing practice of embryo adoption has engendered what at first glance appears to be an outsized moral debate amongst Catholic ethicists. In embryo adoption, a woman undergoes embryo transfer. A previously frozen human embryo is transferred to her uterus, and then she gestates it to delivery. A number of competing moral descriptions of the practice have been proposed and defended: rescue, adoption, surrogacy, or infidelity. One reason this question has received such extensive moral analysis (or “casuistry”) is that Catholic ethicists early on recognized that the question could not be readily resolved using existing moral categories within that tradition. In other words, a conclusive moral evaluation of the practice would entail a development of moral doctrine. The alternative moral descriptions constitute competing paradigms through which to see and evaluate the practice. This chapter provides a moral analysis of these competing paradigms, and suggests possible new directions.
APA, Harvard, Vancouver, ISO, and other styles
9

McRae, Joan E. "The Influence of Debate Culture on Literature." In An Introduction to Literary Debate in Late Medieval France. University Press of Florida, 2024. http://dx.doi.org/10.5744/florida/9780813069944.003.0002.

Full text
Abstract:
The cultural background of debating in France was centuries in the making. Predominant in the well-established tradition of education for students of theology, law, and medicine was disputation, a method of finding truth based on argumentative reasoning. Eventually all domains were influenced by the dialectical literary style: courtiers, men of the chancery, lawyers and poets who practiced improving their style through epistolary exchanges, political treatises, and literary works. In effect, French writers built a reputation for eloquence, and disputation became integral for the idealized society. The earliest form of debate poetry, the tenso or jeu-parti, embraced the confrontational discourse style of disputation, and the practice soon evolved to treat questions of the casuistry of love more exhaustively. This genre of narrative love debate was enjoyed by many popular poets, creating a climate ripe for literary debate.
APA, Harvard, Vancouver, ISO, and other styles
10

Toledo, Cayetana Alvarez De. "The Old World." In Politics and Reform in Spain and Viceregal Mexico. Oxford University PressOxford, 2004. http://dx.doi.org/10.1093/oso/9780199270286.003.0001.

Full text
Abstract:
Abstract Palafox’s illegitimacy in no way precluded his access to the foremost education of his day. Although as the son of an Aragonese nobleman he was more likely to receive tutoring at home or at the nearby university of Zaragoza, following a brief sojourn at Huesca and Alcala de Henares, he transferred to the prestigious Castilian university of Salamanca, from where he graduated in canon law on 27 April 1620. The years spent in Salamanca proved decisive for Palafox’s education and career. There he learnt to master the art of casuistry, an extremely Yaluable instrument to the aspiring politician, and was encouraged to attend lectures on a wide variety of subjects, from international law and history to philosophy and political economy. More importantly, Salamanca provided him with the opportunity to participate in the main intellectual debates of his day and to discover the political issues that most preoccupied his contemporaries, foremost amongst these the question of determining what form of government best suited the multinational structure of the Spanish Monarchy.
APA, Harvard, Vancouver, ISO, and other styles

Conference papers on the topic "Casuistic Questions"

1

Gonzaga, Bruno Pissolati Mattos, Gabriel Chung, Matheus Kohama Kormanski, et al. "Prevalence of depressive symptoms in stroke patients: a cross-sectional study." In XIV Congresso Paulista de Neurologia. Zeppelini Editorial e Comunicação, 2023. http://dx.doi.org/10.5327/1516-3180.141s1.742.

Full text
Abstract:
Introduction: Sequelae are frequent in patients with a history of ischemic stroke and result in decreased quality of life, increase in morbidity, mortality and healthcare costs. One often overlooked complication of ischemic stroke is its association with depression and depressive symptoms. Objectives and methods: This cross-sectional study aims to assess the prevalence of depression and depressive symptoms in patients with previous ischemic stroke followed in the neurovascular outpatient clinic of a tertiary hospital in São Paulo, Brazil, through the application of the Patient Health Questionnaire-9 (PHQ-9) filled in by the patients. Casuistics and results: A total of 173 participated in the study, but only 154 answered all PHQ-9 questions. Mean age was 52 years; 56.82% were women; 44 patients (28.6%) had a score ≥ 10, resulting in sensitivity and specificity for post-stroke depression of 86 and 79% respectively; 118 (68.2%) did not present depression or depressive symptoms before the stroke, 33 (19.1%) had previous symptoms and 22 (12.7%) did not answer this specific question. Discussion and conclusion: The results indicate that depression is an important comorbidity in patients with ischemic stroke. In this cohort, most patients did not have depressive symptoms before the stroke. Further studies are important to better assess this association as well as to determine strategies to prevent and to manage this condition.
APA, Harvard, Vancouver, ISO, and other styles
2

Assunção, Darah Fontes da Silva, Bruno Pissolati Mattos Gonzaga, Gabriel Chung, et al. "Risk assessment for obstructive sleep apnea in stroke patients: a cross-sectional study." In XIV Congresso Paulista de Neurologia. Zeppelini Editorial e Comunicação, 2023. http://dx.doi.org/10.5327/1516-3180.141s1.717.

Full text
Abstract:
Introduction: Stroke is the second most prevalent cause of death in the world and an important cause of disability in adults. Obstructive sleep apnea (OSA) is an independent risk factor for stroke and is associated with poor poststroke functional outcome if left untreated. Objectives and methods: In this cross-sectional study, we aimed to determine the prevalence of OSA in ambulatory stroke patients using the STOPBang (snoring, tiredness, observed apnea, blood pressure, body mass index, age, neck size, gender) questionnaire. Casuistic and results: A total of 149 patients completed the clinical assessment. Mean age was 57.47 years, 75 (50.34%) were men and 74 (49.66%) were female. Among the patients, 56.37% were smokers or former smokers, and mean body mass index was 27.01 kg/m2 . The median STOP-Bang score was 3 (interquartile range: 2–4). 69.12% were considered moderate to severe risk for OSA (STOP-Bang score ≥3). For the identification of OSA, the questionnaire demonstrated sensitivity of 83.5%, accuracy of 75.2% and specificity of 45.5%. Among the 84 patients who answered the question about the presence of previous OSA symptoms, 59.53% had a negative answer. Discussion: Approximately two out of three stroke patients were classified as moderate to high risk for OSA, reinforcing the need for screening for the disease in this population. In addition, almost 60% reported no symptoms prior to cerebrovascular disease. Finally, the high sensitivity in this study confirms the usefulness of the tool in screening patients for diagnosis and therapeutic intervention. Conclusion: New studies are needed to evaluate OSA prevention and treatment strategies, as this measure will help in the global clinical recovery of the patient after the stroke.
APA, Harvard, Vancouver, ISO, and other styles
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!