Doctrine Of Causes Research Articles

DOCTRINE OF CAUSALITY AND PROOF OF CRIMINAL ACTIONS IN THE JESSICA WONGSO CYANIDE COFFEE CASE

Criminal law is a sub-section of law that creates peace and order in society, because the existence of criminal law in society cannot be separated from the state's efforts to create order. To determine the penalty for a criminal act, it is necessary to pay attention to the doctrine of cause and effect and evidence of the occurrence of the criminal act. For this reason, the aim of this research is to analyze the teachings of causality and evidence of the crime in the cyanide coffee case committed by the defendant Jessica Wongso against the victim Wayan Mirna Salihin in 2016. This research uses qualitative research methods. The data collection technique in this research uses the literature study method. The data that has been collected is then analyzed through three stages, namely data reduction, data presentation, and drawing conclusions. The research results show that the doctrine of causality is very important because it relates to which actions should be considered as the cause of prohibited effects. The judge assessed that Jessica's actions, namely putting cyanide poison in the coffee that Mirna drank, were the direct cause of Mirna's death. This decision was based on several considerations, namely the discovery of cyanide poison in Mirna's coffee, no one else had put cyanide poison in Mirna's coffee, and the defendant had a motive to kill the victim. In this case, the judge relied on witness testimony, expert testimony and evidence to prove Jessica's crime. Based on the teachings of causality and evidence, the judge sentenced Jessica as the defendant to 20 years in prison. This circumstantial evidence has given rise to much controversy. However, despite the controversy, the coffee cyanide case shows the importance of the teachings of causality and evidence of criminal acts in criminal law.

Frustration of purpose due to change of position: Experiences of the “mixed jurisdictions”

The article analyses the problem of change of position and frustration of purpose in “mixed jurisdictions”. Frustration of contractual purpose is the doctrine that is known in English law and derives from the so called “coronation cases”. At the same time frustration of contractual purpose is a particular case of subsequent change of external situation. The author systematically considers the issue in the civil law of Louisiana and Quebec. Louisiana and Quebec are “mixed jurisdictions” that harmoniously combine elements of civil law and common law. But today mentioned legal systems solve problems of change of position and frustration of purpose with the help of traditional institutions of civil law: impossibility, force majeure and the doctrine of cause. In practice it leads to that the issue of the influence of change of circumstances and frustration of contractual purpose on obligations becomes stubborn. The reason of it is the objective unsuitability of mentioned doctrines to the issue. Therefore, we need to mention the experience of Argentina. Argentina is not a “mixed jurisdiction” but its Civil and Commercial Code reformed in 2015 harmoniously combine elements of civil law and common law with the aim to solve practical problems. The Civil and Commercial Code of Argentina provides rules not only about subsequent extraordinary change of position and its consequences but in the single article regulate frustration of contractual purpose. Frustration of contractual purpose in Argentina is closely connected with the doctrine of causa. Therefore in the framework of the doctrine of frustration of contractual purpose both the typical purpose of contract of certain kind (i. e. cause in civil law) and the motive that is unique for each contract have legal sense. Recognizing in the Civil and Commercial Code of Argentina the legal sense of party’s motive for entering into contract Argentina in fact departs from the canons of continental law that doesn’t recognize the legal sense of such motives.

Aristotle’s Doctrine of Causes and the Manipulative Theory of Causality

I will argue for the similarity between some aspects of Aristotle’s doctrine of causes and a particular kind of interventionist theory of causality. The interventionist account hypothesizes that there is a connection between causation and human intervention: the idea of a causal relation between two events is generated by the reflection of human beings on their own operating. This view is remindful of the Aristotelian concept of αἴτιον (cause), which is linked to the figure of the αἴτιος, the person who is responsible of an action. Aristotle conceives of the efficient cause as the active element which, in the φύσις, gives rise to movement and imposes the form, in analogy with the active element that in τέχνη operates the production: the craftsman. This analogy suggests that Aristotle conceives of the causation on the basis of the human ability to modify the environment with aims. Within the debate on the manipulative theory the classical accounts worked out by Collingwood, Gasking and von Wright have been recently criticized by Woodward. von Wright’s reductive account explains causation on the basis of human free action, while Woodward regards this reduction as a dangerous move which makes causal explanations too much anthropomorphic. I will show that Aristotle’s doctrine of causes is more similar to von Wright’s account and that the Aristotelian analysis of becoming supports von Wright’s reductive interventionism against Woodward’s criticism. Furthermore, I will draw a comparison between interventionism and dispositionalism, where the latter is another contemporary account of causation that claims Aristotelian roots.

RECENT DECISIONS OF ITALIAN COURTS ON INTEREST RATE SWAPS

RECENT DECISIONS OF ITALIAN COURTS ON INTEREST RATE SWAPS

Qur’anic Prerequisites for Developing Scientific Mind

Islamic science has a glorious past and it successfully contributes to the development of modern science. The emergence, developments and accomplishments of Islamic scientific trend are traced back to the advent of Islamic era when human mind had been radically reformed, and transformed from its irrational and superstitious tendency into a scientific nature. There are overwhelming emphases given in the Qur’an on shaping a scientific mind. In order to achieve this aim, the Qur’an follows many unique methods, such as denying supposition in the place of conviction, disobeying caprice and emotions in place of knowledge, discouraging blind imitation of forefathers and chieftains, developing consciousness, employing deductive reasoning, approaching the doctrine of cause and effect, posing enlightening questions, developing deep and critical thinking instead of superficial outlook. However, in the context of modern approaches of shaping the scientific mind, the three approaches of the Qur’an namely; making mind conscious, developing capacity of objective judgment and conscious reasoning should be scrutinized and researched.

Theories of cause (consideration) of contract in the Serbian doctrine of civil law after the adoption of the Law on Obligations

The adoption of the Law on Obligations in 1978 can certainly be considered as an event of watershed importance in respect to the analysis of various theoretical points of view on the notion of cause (consideration) of contract in the Serbian literature. The fact that it had not been explicitly regulated in Serbian positive law until the adoption of Law had a profound impact on the evolution of doctrine in this period. The range of differing theoretical points of view was very wide, covering essentially all the relevant streams in the doctrine of cause, from the ones accepting it (so-called causalistic theories), through the ones explaining it solely by the notion of exchange of assets (so-called economic theories), to the ones denying its legal significance in any sense (so called anticausalistic theories). The most distinguished authorities in Serbian literature of contract law, who studied the notion of cause of contract in the period until the promulgation of the Law, were Dragoljub Aranđelović, Živojin Perić, Lazar Marković, Andrija Gams, Stevan Jakšić, Vladimir Kapor and Mihailo Konstantinović. The Law on Obligations explicitly regulates the notion of cause of contract as one of the preconditions of validity and effect of a contract, which had a substantial impact on the evolution of doctrine. On the one hand, being an institution of positive law, there is hardly an author who had not devoted some attention to the notion of cause of contract. In this paper the author analyzes the points of view of Stojan Cigoj, Ljubiša Milošević, Živomir Đorđević, Boris Vizner, Martin Vedriš, Želimir Šmalcelj, Jakov Radišić, Slobodan Perović, Jožef Salma and Oliver Antić. On the other hand, the scope of various, often conflicting, theories on cause of contract in Serbian literature shrank. One can recognize a tendency of abandonment of points of view disavowing any legal relevance of cause of contract and the majority of contemporary authorities argue that the cause of contract is a necessary legal institution, although they differ in the conceptual determination of this notion. However, Boris Vizner and Martin Vedriš may in this respect be deemed an exception. The former is of the opinion that the relevant sections of the Law on Obligations do not regulate the notion of cause of contract, but different titles of acquiring rights (titulus), while the latter claims that they mean the notion of basis of juridical act (Geschäftsgrundlage) from the German doctrine of civil law. All other authorities maintain that the sections of the Law on Obligations on the basis of obligation refer to the French notion of cause of contract and define it mainly within the premises of the neoclassical theory of cause of contract.

Res Judicata, Disciplinary Actions And Public Law Proceedings

In R (on the application of Coke-Wallis) v Institute of Chartered Accountants in England and Wales (Coke-Wallis), the Supreme Court held that the principle of cause of action estoppel applied to disciplinary proceedings. In arriving at this conclusion, the court relied on Thrasyvoulou v Secretary of State for the Environment (Thrasyvoulou), and drew a parallel between issue estoppels and cause of action estoppels. This note argues that while Coke-Wallis is a case on the doctrine of cause of action estoppel, one should not lose sight of its potential significance with respect to the issue estoppel doctrine.

Theoretical points of view on the notion of cause (consideration) of contracts in the Serbian doctrine of civil law till the adoption of the law on obligations

In this paper the author analyzes the different points of view on the notion of cause (consideration) in contract in the Serbian doctrine of civil law as until the adoption of the Law on Obligations in 1978. Having in mind that the Law, adhering to the normative solutions of the French Civil Code, explicitly regulates the institution of cause of contract, as one of the conditions of formation and validity of contract, its adoption can certainly be considered as an event of a watershed importance in respect of the analysis of various theoretical points of view on the notion of cause of contract in the Serbian literature. The fact that the institution of cause of contract had not been explicitly regulated in Serbian positive law as until the adoption of Law on Obligations had its effect on the evolution of doctrine in this period in two ways. On one hand, the range of differing theoretical points of view was very wide, covered as good as all the relevant streams in the doctrine of cause, from the ones accepting this institution (so-called causalistic theories) to the ones denying its legal significance in any sense (so-called anticausalistic theories). By the adoption of the Law on Obligations in 1978 the notion of cause of contract became a legal institution in Serbian positive law that had a profound impact on the evolution of doctrine. On one hand, the cause of contract was not a neglectable legal notion any more, therefore it seems entirely logical that there is as good as no authority since then who has not dedicated to the notion of cause of contract an article or two, or at least a separate part in their textbooks. On the other hand, the determination of the legislator to assign the Serbian legal system to the family of legal systems in which the notion of cause of contract is stipulated as one of conditions of formation and validity of contract, led to the shrinkage of the diapason of various, often conflicting, points of view on cause of contract in the Serbian literature. In contrast to the period before the adoption of the Law on Obligations, after its adoption a tendency of abandonment of points of view disavowing any legal relevance of cause of contract can be recognized and the majority of contemporary authorities argue that the cause of contract is a necessary legal institution, although they may differ in the conceptual determination of this notion. In the period after the adoption of the Law on Obligations in the Serbian literature of law of contract many authorities analyzed various aspects of cause of contract, especially Professors Stojan Cigoj, Ljubiša Milošević, Živomir Đorđević, Boris Vizner, Martin Vedriš, Želimir Šmalcelj, Jakov Radišić, Slobodan Perović, Jožef Salma, Oliver Antić and others. The author in this paper gives an overview of the points of view of authorities in the Serbian literature of law contract on the notion of cause of contract who marked the period until the adoption of the Law on Obligations, namely the works of Professors Dragoljub Aranđelović, Živojin Perić, Lazar Marković, Andrija Gams, Stevan Jakšić, Vladimir Kapor and Mihajlo Konstantinović.

Aristotle’s Theory of Causes and the Holy Trinity

The identity and chronology of Nicolaus Peripatheticus, the author of a summary of Aristotle’s philosophy, were recently discussed in a paper by Silvia Fazzo published in the Revue des Études Grecques. The usual dating, based upon the identification of Nicolaus with the famous historian Nicolaus Damascenus, places Nicolaus in the 1st century bc, but Fazzo argues that it is likely that he lived in the period ranging from the 3rd to the 5th centuries ad, and more likely, during the age of the Roman Emperor Julian (361-363 ad). This hypothesis is supported by a new fragment in Hebrew translation, discovered by Mauro Zonta, where Nicolaus gives an explanation of the Christian doctrine of God’s Trinity in terms of Aristotle’s doctrine of causes : God is one, being a single substance, but He is also three, insofar as He is the efficient, formal, and final causes of the world. As far as it is possible for such a short fragment, the authors contend that it is plausible to date it from the age of Julian.

Serving the Coming God: The Insights of Jürgen Moltmann's Eschatology for Contemporary Theology of Mission

A critical and mutually enriching conversation may be facilitated between Jürgen Moltmann's eschatology and some of the concerns of contemporary theologians of mission. In the service of greater theological clarity, the following essay suggests four distinct lines of inquiry: how Moltmann's understanding of an “eschatologically open future” challenges the modern doctrine of cause and effect; the importance of a Trinitarian depiction of God as a sending God; Moltmann's proposal for a robust, Christian theology of history; and the scope of God's salvation, particularly as it is related to Moltmann's complicated and creative panentheism.

Causality and Causal Models: A Conceptual Perspective*

SummaryThis paper aims at displaying a synthetic view of the historical development and the current research concerning causal relationships, starting from the Aristotelian doctrine of causes, following with the main philosophical streams until the middle of the twentieth century, and commenting on the present intensive research work in the statistical domain. The philosophical survey dwells upon various concepts of cause, and some attempts towards picking out spurious causes. Concerning statistical modelling, factorial models and directed acyclic graphs are examined and compared. Special attention is devoted to randomization and pseudo‐randomization (for observational studies) in view of avoiding the effect of possible confounders. An outline of the most common problems and pitfalls, encountered in modelling empirical data, closes the paper, with a warning to be very cautious in modelling and inferring conditional independence between variables.

Philosophical Selections, and: Treatise on Nature and Grace (review)

674 JOURNAL OF THE HISTORY OF PHILOSOPHY 32:4 OCTOBER 199 4 Nicolas Malebranche. Philosophical Selections. Edited by Steven Nadler. Indianapolis: Hackett, 1992. Pp. xiv + 28L Cloth, $32.5o. Paper, $12.95. Nicolas Malebranche. Treatise on Nature and Grace. Translated by Patrick Riley. New York: Oxford University Press, x992. Pp. xviii + 226. Cloth, $55.oo. Among English-speaking historians of philosophy, the French seventeenth-century philosopher Nicolas Malebranche (1638-1715) has only recently regained some of the renown he enjoyed during his lifetime. This delay is surprising on two counts. First, Malebranche's influence on the development of modern philosophy is significant and worthy of study; he was renowned throughout the learned world and read closely by important seventeenth- and eighteenth-century thinkers such as Locke, Leibniz, Berkeley , Hume, Rousseau, and Kant. Second, Malebranche's philosophical writings offer much on their own; he is among the few thinkers in the Western tradition to have constructed and developed a complete and wholly integrated system of philosophy, and his works are rich in discussions of philosophical as well as scientific questions. Recently, Anglo-American scholars have taken some important steps in rectifying this lacuna in the history of philosophy and the two present books serve this end in different and important ways. The first book, Philosophical Selections, is the first collection of substantial selections from Malebranche's philosophical works to appear in English. Nadler has produced a superb collection from Malebranche's major works, The Search after Truth, Elucidations of the Search after Truth, Dialogues on Metaphysics, and Treatise on Nature and Grace. Considering that Robinet's' standard edition of Malehranche's works fills an impressive twenty volumes, and that Lennon and Olscamp's' 198o English translation of Malebranche's most important philosophical work, The Search after Truth together with the Elucidations, spans some seven hundred and fifty pages, Nadler's achievement is quite remarkable. He has produced a concise, scholarly, and representative collection that serves as an excellent introduction to Malehranche's thought. Where most collections of selected writings of a philosopher's works are limited because the omitted material is integral to the philosopher's complete thought, or because the excerpted material produces a mishmash of the philosopher's ideas, Nadler's edition comes as close to overcoming these limitations as is possible. Although Nadler offers little by way of philosophical commentary and only a very brief history and introduction to Malebranche's philosophy, the reader will find a careful and thematic arrangement of Malebranche's texts. Malebranche's important epistemological doctrine of the vision in God, his equally important occasionalist doctrine of causes, and his influential ontotheological doctrines of the nature of the will and of grace provide the basis of Nadler's selections and presentation of Malebranche's works. Each of the selected texts is drawn from previous translations, with only the Treatise on Nature and Grace receiving muchAndr ~ Rob/net, general editor, OeuvrescomplttesdeMalebranche(Paris: Vrin, 1958-1984), 20 volumes. 9Thomas M. Lennon and PaulJ. Olscamp, translators, TheSearchafterTruth(Columbus: Ohio State University Press, a98o). BOOX REVIEWS 675 needed revision from Nadler. These translations and revisions are of a quality which makes Malebranche's works accessible to the modern reader. The text of this book is virtually free of error, except for one noticeable lapse on page 52, where the fifth line is left blank instead of completing the paragraph with "knowing it." Notable inclusions in this collection are: "Elucidation Ten," which provides Malebranche's best summary of his theory of the nature of ideas, laws, and truth; Malebranche's rejection of Descartes 's first law of motion on the basis of experimental evidence, from the last chapter of The Search after T~th; the almost complete Dialogues on Metaphysics which Nadler rightly judges as Malebranche's best-written and most cohesive work; and finally, important excerpts from Treatise on Nature and Grace which highlight the importance of order, simplicity, and general laws in Malebranche's world-view. This book will serve as an excellent introductory text for modern students of philosophy who are interested in learning about one of the great Cartesian thinkers and metaphysicians of the seventeenth century. In short, Nadler's edition of Malebranche 's writings...

On the Causal Interpretation of Non-Triangular Systems of Economic Relations: A Rejoinder

The Strotz-Wold Reply, however, penetrates to the heart of the issue, almost, and it will probably be illuminating to make a rejoinder. To begin with I should like to say that they are justified in taking exception to the unfortunate wording of the headnote. Though, when applied to the sequence of recipes given out by Wold, my remarks do not lack for verisimilitude, they are certainly not true to the letter of the Strotz-Wold article, and I should have taken pains not to convey the impression that I thought they were.2 Accepting their just remonstrance, I turn to the text of my article. The main contention of my paper was that the classical scientific notion of causality (not, however, the doctrine of cause and effect) 3 is adequate to rationalize the construction of non-triangular or interdependent mechanical models in economics; that employment of the classical notion in the case of non-triangular systems neither leads to paradox nor calls for novel categories of causality, e.g., circular causality, bi-causality, vector causality,