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Journal articles on the topic 'Vindication'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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1

Tereszkiewicz, Piotr, and Anna Wysocka-Bar. "Legacy by Vindication Under the EU Succession Regulation No. 650/2012 Following the Kubicka Judgment of the ECJ." European Review of Private Law 27, Issue 4 (August 1, 2019): 875–94. http://dx.doi.org/10.54648/erpl2019045.

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This article explores the question of the ‘recognition’ of the material effects of legacies by vindication (legatum per vindicationem), if such legacies concern the right of ownership of immovable property located in an EU Member State the law of which does not provide for such legacies to have a direct material effect, such as Germany. The authors analyse this question in the light of the first judgement issued by the Court of Justice of the European Union on the European Union Regulation No. 650/2012 on Succession and Wills, the Kubicka case (C-218/16). The article’s first part provides a brief account of legacies by damnation and legacies by vindication as they are found in the substantive succession laws of EU Member States. Subsequently, key notions arising under the EU Succession Regulation No. 650/2012 with respect to the recognition of legacies by vindication, such the general principle of unity, the registry exemption, the rights in rem exception as well as the adaption of rights in rem, are discussed. The article’s final part maps out the implication of the Kubicka judgment for the theory and practice of European Succession Law.

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2

Anonymous. "Sunny vindication?" Eos, Transactions American Geophysical Union 76, no. 18 (May 2, 1995): 186. http://dx.doi.org/10.1029/eo076i018p00186-04.

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3

Antonioli, Frank. "Standards Vindication." English Journal 86, no. 4 (April 1997): 11. http://dx.doi.org/10.2307/820979.

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4

Wim Klever. "A Vindication." Hume Studies 17, no. 2 (1991): 209–12. http://dx.doi.org/10.1353/hms.1991.0002.

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5

Strelnikov, Pavel A. "A Vindicatory Action as a Legal Measure of Protection of Property Rights of Legal Entities." Jurist 5 (May 13, 2021): 49–55. http://dx.doi.org/10.18572/1812-3929-2021-5-49-55.

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The vindication claim is a traditional way of protecting the legal entities real property. The problem of vindication does not lose its relevance in the conditions of the development of a market economy and property turnover both theoretically and practically. The main idea of this article is to identify the features of the vindication claim use as a way of protecting the legal entities real property. To achieve this goal, the author formulates the following tasks: the analysis of the possibility of the real property vindication; identification of the specifics of the real property as the vindication objects; the role of the real property state registration; identification of features of the vindication procedure in relation to the legal entity will; analysis of legal positions developed by judicial practice.

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6

Fréine, Celia de, Kate Shanahan, Karola Dillenburger, Annie Murphy, and Peter de Rosa. "Violence and Vindication." Books Ireland, no. 168 (1993): 104. http://dx.doi.org/10.2307/20626726.

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7

Lantos, John D. "Vindication for SUPPORT." New England Journal of Medicine 373, no. 15 (October 8, 2015): 1393–95. http://dx.doi.org/10.1056/nejmp1510876.

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8

ZABEEH, FARHANG. "Vindication of Hume1." Theoria 29, no. 3 (February 11, 2008): 290–303. http://dx.doi.org/10.1111/j.1755-2567.1963.tb00030.x.

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9

SFIKAS, PETER M. "Vindication in Court." Journal of the American Dental Association 131, no. 11 (November 2000): 1633–35. http://dx.doi.org/10.14219/jada.archive.2000.0095.

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10

Makowiec, Aneta. "The institution of legacy with material effects (legatum per vindicationem) in selected jurisdictions (Italy, France, Spain and Greece)." Prawo w Działaniu 58 (2024): 244–62. http://dx.doi.org/10.32041/pwd.5808.

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The inspiration for writing this article was the entry into force of the provisions introducing the institution of legacy by vindication into Polish inheritance law on 23 October 2011 under the act of 18 March 2011 amending the Civil Code and certain other acts. The aim of the research undertaken in this study is to try to locate, approximate and compare the succession institutions in force in legal systems of European countries (Italy, France, Spain and Greece) which are similar in their form to the institution of legacy with material effects (legatum per vindicationem).

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11

Malbin, D. A. "Possession as a Condition of Passive Legitimization in a Vindication Claim." Actual Problems of Russian Law 17, no. 9 (August 23, 2022): 83–93. http://dx.doi.org/10.17803/1994-1471.2022.142.9.083-093.

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A vindication claim is one of the classic ways to protect property rights. Since, according to the construction of the vindication claim, the property is being destroyed as a result of someone else’s illegal possession, passive legitimization of the claim is associated with possession. At the same time, the question of who is the owner of the thing is controversial for the purposes of the claim. In the legal literature, the opinion has been confirmed about the applicability of the theory of possession (possessio civilis) to possession in the institute of vindication claim, which gives grounds to believe that not only the actual owner of the thing as the direct owner of the thing, but also the person who transferred the thing into temporary possession, as an indirect owner, is passively legitimized by the claim. This approach should be criticized, since possession in the vindication claim should be understood as the actual possession of a thing, and therefore the theory of direct and indirect possession is not applicable. Passively legitimized by a vindication claim is only the actual owner of the thing, as a person who does not fulfill a subjective duty owed to the owner.

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12

Smith, Michael. "Immodest Consequentialism and Character." Utilitas 13, no. 2 (July 2001): 173–94. http://dx.doi.org/10.1017/s0953820800003125.

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The fact that we place the value that we do on the traits of character constitutive of being a good friend, and the acts that good friends are disposed to perform, creates a considerable problem for what I call ‘immodest global consequentialism’. The problem is, in essence, that the very best that the immodest global consequentialists can do by way of vindicating our most deeply held convictions about the value of these traits of character and actions isn't good enough, because, while vindicating our possession of those convictions, the attempted vindication undermines the truth of the convictions thus possessed. This is especially bad news because, as I argue, immodest global consequentialism is the only version of consequentialism that can be distinguished in any principled way from a form of non-consequentialism.

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13

Gorney, Mark. "Of Vindication and Rationality." Annals of Plastic Surgery 58, no. 3 (March 2007): 345–46. http://dx.doi.org/10.1097/01.sap.0000257645.87236.b8.

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14

Roeper, Peter. "A Vindication of Logicism." Philosophia Mathematica 24, no. 3 (September 7, 2015): 360–78. http://dx.doi.org/10.1093/philmat/nkv026.

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15

Gorney, Mark. "Of Vindication and Rationality." Plastic and Reconstructive Surgery 112, no. 4 (September 2003): 1157–58. http://dx.doi.org/10.1097/01.prs.

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16

Farrell, Tracie, Genevieve Gorrell, and Kalina Bontcheva. "Vindication, virtue, and vitriol." Journal of Computational Social Science 3, no. 2 (November 2020): 401–43. http://dx.doi.org/10.1007/s42001-020-00090-9.

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AbstractCOVID-19 has given rise to a lot of malicious content online, including hate speech, online abuse, and misinformation. British MPs have also received abuse and hate on social media during this time. To understand and contextualise the level of abuse MPs receive, we consider how ministers use social media to communicate about the pandemic, and the citizen engagement that this generates. The focus of the paper is on a large-scale, mixed-methods study of abusive and antagonistic responses to UK politicians on Twitter, during the pandemic from early February to late May 2020. We find that pressing subjects such as financial concerns attract high levels of engagement, but not necessarily abusive dialogue. Rather, criticising authorities appears to attract higher levels of abuse during this period of the pandemic. In addition, communicating about subjects like racism and inequality may result in accusations of virtue signalling or pandering by some users. This work contributes to the wider understanding of abusive language online, in particular that which is directed at public officials.

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17

De Cózar-Escalante, José Manuel. "Rewilding. A Pragmatist Vindication." Ethics, Policy & Environment 22, no. 3 (August 9, 2019): 303–18. http://dx.doi.org/10.1080/21550085.2019.1652234.

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18

Deutsch, David. "Vindication of quantum locality." Proceedings of the Royal Society A: Mathematical, Physical and Engineering Sciences 468, no. 2138 (October 26, 2011): 531–44. http://dx.doi.org/10.1098/rspa.2011.0420.

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In a previous paper, Hayden and I ( Deutsch & Hayden 2000 Proc. R. Soc. Lond. A 456 , 1759–1774. ( doi:10.1098/rspa.2000.0585 )) proved, using the Heisenberg picture, that quantum physics satisfies Einstein's criterion of locality. Wallace and Timpson ( Wallace & Timpson 2007 Found. Phys. 37 , 951–955. ( doi:10.1007/s10701-007-9135-7 )) have argued that certain transformations of the Heisenberg-picture description of a quantum system must be regarded as leaving invariant the factual situation being described, and that taking this into account reveals that Einstein's criterion is violated after all. Here, I vindicate the proof and explain some misconceptions that have led to this and other criticisms of it.

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19

Guseva, A. A. "An Object of Vindication: Problems of Law Enforcement." Actual Problems of Russian Law 16, no. 4 (May 3, 2021): 76–93. http://dx.doi.org/10.17803/1994-1471.2021.125.4.076-093.

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The paper is devoted to examining objects of civil rights in order to establish whether it is possible to subject them to vindication. The paper analyzes such objects as things, “incorporeal things”, non-cash funds, uncertified securities, intellectual property, shares in the authorized capital of limited liability companies, digital rights, cryptocurrency, etc. The author determines the legal nature of the objects under consideration with due regard to the theory of law and legal stances of courts. As a consequence, the author substantiates the relativity of the possibility or impossibility of their vindication under Art. 301 of the Civil Code of the Russian Federation. Also, the author examines the issues of existence of special mechanisms for protection of rights holders of uncertified securities and shares in the authorized capital of limited liability companies to find the interrelation between them and vindication. The paper provides the analysis of judicial practice on the issue of claiming civil law objects from someone else’s illegal possession. Conclusions are drawn as to which objects can be subject to vindication under Art. 301 of the Civil Code of the Russian Federation, which objects can be claimed by analogy of the law and which objects cannot be subjected to vindication.

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20

Murzin, D. V. "Vindication of Real Estate: The Stage of Building a General Vindication Model for the Protection of Violated Absolute Rights." Juridical science and practice 17, no. 3 (November 27, 2021): 47–53. http://dx.doi.org/10.25205/2542-0410-2021-17-3-47-53.

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The article considers the legal structure of vindication of real estate developed in Russian science and practice. Protection of the rights of the owner of real estate who has lost possession and is not registered in the Unified State Register of Real Estate (EGRN) is carried out by filing two lawsuits in court: for recognition of the right of ownership and vindication. Due to the peculiarities of the statute of limitations, in Russian practice, the priority of actual ownership of real estate over the records of ownership in the Unified State Register of Legal Entities is established. The need to combine the two claims is caused by their possible competition in connection with the application to each claim of its own rules on the validity of the statute of limitations. The refusal to extend the limitation period to the vindication claim for the return of ownership should lead to the establishment of only one claim within the framework of the method of protecting the violated rights of the owner to real estate – vindication. An independent claim for recognition of the right in this situation seems redundant. Its necessity is caused by an attempt to apply the German model of protection of the violated rights of the owner of real estate, where the impossibility of vindication is due to the high level of public reliability of entries in the register. In modern Russia, the position of complete denial of vindication of real estate is not supported by the consistent implementation of the principle of irrevocability of rights registered in state registers. At the same time, the construction of a claim for the protection of the rights of the owner of real estate allows us to take the first step towards the development of a vindication model for the protection of any absolute right, the elements of which are the requirement to recognize the right and the requirement to restore the legitimation of the right holder.

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21

Brook, Barry S. "Pergolesi: Vindication after 250 Years." Musical Times 127, no. 1717 (March 1986): 141. http://dx.doi.org/10.2307/965493.

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22

Grayling, A. C., and T. L. S. Sprigge. "The Vindication of Absolute Idealism." Philosophical Quarterly 36, no. 142 (January 1986): 85. http://dx.doi.org/10.2307/2219313.

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23

Salmon, Wesley C. "Hans Reichenbach's vindication of induction." Erkenntnis 35, no. 1-3 (July 1991): 99–122. http://dx.doi.org/10.1007/bf00388282.

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24

Butchvarov, Panayot, and T. L. S. Sprigge. "The Vindication of Absolute Idealism." Philosophy and Phenomenological Research 48, no. 4 (June 1988): 768. http://dx.doi.org/10.2307/2108025.

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25

Gosepath, Stefan. "A Vindication of Distributive Justice." Yearbook for Eastern and Western Philosophy 2019, no. 4 (May 26, 2020): 5–19. http://dx.doi.org/10.1515/yewph-2020-0004.

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26

Harris, Errol E. "The Vindication of Absolute Idealism." Idealistic Studies 16, no. 2 (1986): 176–79. http://dx.doi.org/10.5840/idstudies198616233.

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27

Kumar, Victor. "Empirical Vindication of Moral Luck." Noûs 53, no. 4 (March 23, 2018): 987–1007. http://dx.doi.org/10.1111/nous.12250.

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28

Sagdeeva, Liya. "The Vindication of Intellectual Property." Journal of Russian Law 7, no. 3 (May 20, 2019): 1. http://dx.doi.org/10.12737/art_2019_3_6.

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29

Joyce, James M. "A Nonpragmatic Vindication of Probabilism." Philosophy of Science 65, no. 4 (December 1998): 575–603. http://dx.doi.org/10.1086/392661.

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30

Jerold, Beverly. "A Vindication of Ferdinand Hiller." Journal of Musicological Research 37, no. 2 (April 3, 2018): 141–65. http://dx.doi.org/10.1080/01411896.2018.1453694.

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31

McHenry, Leemon B. "The Vindication of Absolute Idealism." Process Studies 15, no. 1 (1986): 71–73. http://dx.doi.org/10.5840/process198615140.

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32

Häcker, Martina. "An Englishman’s Vindication of Scots." New Approaches to the Study of Later Modern English 33, no. 1-2 (July 17, 2006): 85–107. http://dx.doi.org/10.1075/hl.33.1.07hac.

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Summary This article investigates the linguistic work of the English Jesuit James Adams (1737–1802). It places Adams’ work in the socio-cultural context of 18th-century linguistic writing, in particular with respect to two ongoing debates: (1) on a monogenetic vs. a polygenetic origin of language and (2) on the origins of Scots. Both of these were highly ideological debates, in the first case between a biblical and a scientific world view, and in the latter between those who were content with the political state of affairs (the Union of Scotland and England), and those who would rather have had an independent Scotland. Adams manages to reconcile linguistic evidence with monogenism, while his views on language and dialects are guided by ‘Christian philanthropy’. They contrast sharply with those of many of his contemporaries. In his “Vindication of the Dialect of Scotland”, which is the central part of the “Appendix” of his Pronunciation of the English Language (published in 1799), Adams strongly votes for Scottish linguistic independence, though not for political independence, even advocating a separate Scots spelling. The analysis of this work shows that his attitude to dialects is informed by his education and life as a Jesuit in the 18th century, his belief that all people are created as equals, his didactic concerns as a teacher, and the personal experience of an extended stay in Scotland.

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33

Bringsjord, Selmer. "A Vindication of Program Verification." History and Philosophy of Logic 36, no. 3 (July 3, 2015): 262–77. http://dx.doi.org/10.1080/01445340.2015.1065461.

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34

Dixon, Bernard. "A Vindication of Plant Transgenics." Nature Biotechnology 13, no. 4 (April 1995): 308. http://dx.doi.org/10.1038/nbt0495-308.

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35

Statman, Daniel. "Debunking, Vindication, and Moral Luck." Midwest Studies In Philosophy 43, no. 1 (July 22, 2019): 203–23. http://dx.doi.org/10.1111/misp.12113.

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36

McHenry, Leemon B. "The Vindication of Absolute Idealism." Process Studies 15, no. 1 (April 1, 1986): 71–73. http://dx.doi.org/10.2307/44798225.

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37

Nieli, Russell K. "The Vindication of Thomas Sowell." Academic Questions 26, no. 1 (February 8, 2013): 90–98. http://dx.doi.org/10.1007/s12129-013-9335-x.

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38

Hoc, Stanisław. "Czy możliwa jest rehabilitacja skazanych w tzw. procesie brzeskim?" Opolskie Studia Administracyjno-Prawne 14, no. 3 (May 31, 2016): 101–8. http://dx.doi.org/10.25167/osap.1477.

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This paper is devoted to legal aspects of an eventual vindication of the former deputies to the Parliament who were sentenced in the so-called Brześć case. The author describes the background to the trial and its course, analyzes the Presidential Decree of 31 October 1939 on amnesty of the convicted, deputies’ interpellations and the bill on vindication of the sentenced. However, those initiatives did not achieve a positive effect because of the end of the VIIth term of the Sejm.

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39

Monroe, Julie A. "A Feminist Vindication of Mary Wollstonecraft." Iowa Journal of Literary Studies 8, no. 1 (1987): 143–52. http://dx.doi.org/10.17077/0743-2747.1247.

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40

Brown. "Vengeance and Vindication in Numbers 31." Journal of Biblical Literature 134, no. 1 (2015): 65. http://dx.doi.org/10.15699/jbl.1341.2015.2561.

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41

Whelan, Gerard. "Triumphant Vindication for a Children's Writer." Books Ireland, no. 216 (1998): 255. http://dx.doi.org/10.2307/20623707.

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42

Sewell, William H., and Mark Traugott. "A Sociological Vindication of Historical Method." Contemporary Sociology 15, no. 6 (November 1986): 835. http://dx.doi.org/10.2307/2071113.

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43

Leshchynska-Vontsek, M. "Correlation between concepts «restitution» and «vindication»." Law and public administration 2, no. 1 (2019): 57–61. http://dx.doi.org/10.32840/pdu.2-1.9.

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44

Shaffer, Michael J. "Grounding Reichenbach’s Pragmatic Vindication of Induction." Polish Journal of Philosophy 11, no. 1 (2017): 43–55. http://dx.doi.org/10.5840/pjphil20171114.

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45

MUÑOZ-PUELLES, LAURA, FRANCISCO LARA, VICENTE MAZIMPAKA, and RICARDO GARILLETI. "Vindication of Ulota pygmaeothecia (Orthotrichaceae, Bryophyta)." Phytotaxa 317, no. 3 (August 18, 2017): 161. http://dx.doi.org/10.11646/phytotaxa.317.3.1.

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Ulota pygmaeothecia (Müll.Hal.) Kindb. and Ulota luteola (Hook.f. & Wilson) Wijk & Margad. are two epiphytic mosses from the evergreen Magellanic rainforests of southern South America. Both mosses have been considered as distinct species since their original description, with their specific status retained following the comprehensive review by Nicolajs Malta of South American Ulota (1927). Recently the synonymization of U. pygmaeothecia and U. luteola was proposed (Wang & Jia 2016), based mainly on the similarities stated in the protologues and the study of the available type specimens of U. pygmaeothecia and U. fulvella, as the type materials of U. luteola were lost in the mail. In the present paper, all available type material for names associated with these two taxa, together with additional specimens recently collected, have been studied in depth. As a result, it has been found that both mosses show important sporophytic and gametophytic differences, both qualitative and quantitative, that allow for a precise distinction between them and they are reinstated here as distinct species. The morphological features that best differentiate U. luteola and U. pygmaeothecia are discussed and illustrated with light microscope and SEM pictures. Finally, an updated and detailed description of each species is presented.

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46

ZHONG, LEI. "A UNIFICATIONIST VINDICATION OF MORAL EXPLANATION." Philosophical Forum 42, no. 2 (May 4, 2011): 131–46. http://dx.doi.org/10.1111/j.1467-9191.2011.00383.x.

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47

Maddox, Randy L. "Book Review: The Vindication of Tradition." Theological Studies 46, no. 3 (September 1985): 555–57. http://dx.doi.org/10.1177/004056398504600315.

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48

Fudge, Robert. "A Vindication of Strong Aesthetic Supervenience." Philosophical Papers 34, no. 2 (July 2005): 149–71. http://dx.doi.org/10.1080/05568640509485153.

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49

Bardin, Andrea, and Pablo Rodriguez. "A Vindication of Simondon’s Political Anthropology." Australasian Philosophical Review 2, no. 1 (January 2, 2018): 54–61. http://dx.doi.org/10.1080/24740500.2018.1514967.

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50

Weaver, Rebecca. "Book Review: The Vindication of Tradition." Interpretation: A Journal of Bible and Theology 39, no. 4 (October 1985): 438–40. http://dx.doi.org/10.1177/002096438503900417.

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