Issue Of Dualism Research Articles

Access to Court as a Determinative Procedural Act for the Exercise of Justice and Protection of Rights in Civil Cases (Part 2)

The author, following the focus of the study on specialization of civil procedural law in the Russian legal system as manifested regularity of its development, relying on the inevitable dualism and interaction between material and procedural law, comprehends its current state on the example of certain basic procedural and legal institutions: the institution of the right of access to court, the institution of protection of the rights and interests of other persons, the institution of jurisdiction, etc The author’s use of known and proposed legal constructions, categories and concepts in the author’s combination and (or) interpretation makes their research urgent for the purposes of understanding of the key conditionality of civil procedural law specialization in the Russian law system as providing them with the administration of justice and protection of rights in civil cases in compliance with their wide understanding when the right to judicial protection in the system of constitutional rights and freedoms constitutes a guarantee for all of them. This paper is the second in a series of three papers devoted to the problem of the right of access to court as the most important issue of dualism and interaction between material and civil procedural rights.

Access to Court as a Determinative Procedural Act for the Exercise of Justice and Protection of Rights in Civil Cases (The Beginning)

The author, following the focus of the study on specialization of civil procedural law in the Russian legal system as manifested regularity of its development, relying on the inevitable dualism and interaction between material and procedural law, comprehends its current state on the example of certain basic procedural and legal institutions: the institution of the right of access to court, the institution of protection of the rights and interests of other persons, the institution of jurisdiction, etc. The analysis caried out within the framework of the study takes into account the Russian legislative reforms undertaken in recent decades. The author’s use of known and proposed legal constructions, categories and concepts in the author’s combination and (or) interpretation makes their research urgent for the purposes of understanding of the key conditionality of civil procedural law specialization in the Russian law system as providing them with the administration of justice and protection of rights in civil cases in compliance with their wide understanding when the right to judicial protection in the system of constitutional rights and freedoms constitutes a guarantee for all of them. This paper is the first in a series of three papers devoted to the problem of the right of access to court as the most important issue of dualism and interaction between material and civil procedural rights.

Understanding dualism through emotion: Descartes, Spinoza, Sartre

This paper argues that a proper understanding of the epistemological and metaphysical issue of dualism can only be attained through a thoroughgoing analysis of human emotion. Indeed, it is no coincidence that three main thinkers on dualism, whether they were apparent proponents (Descartes), opponents (Spinoza), or had a somewhat ambiguous status (Sartre), were also heavily involved in understanding emotion. Ultimately, a proper comprehension of emotion shows the issue of dualism to be moot when it comes to our pre-reflective, everyday lives; dualism is a theoretical interest that shows how we must necessarily posit two essential realms – one of nature and one of consciousness – that are nevertheless always already entwined in pre-reflective and immediately lived experiences like emotion. In this manner, a proper understanding of emotion shows that dualism is not an issue on the everyday lived level, but certainly is on epistemological and metaphysical ones. On these levels, dualism is an essential tool that must be understood and used properly if one is to give a thoroughgoing account of human nature from a theoretical standpoint, where avoiding conflations between immediate and reflective experiences, as well as first-person and third-person standpoints, is crucial. Here, one needs to be aware not only of our dual nature of matter and mind, but also of our dual – which is to say scientific and phenomenological ways – of tackling theoretical problems. In short, one may give a proper, dynamic account of human emotion and simultaneously recognize the advantage of thinking in dual – but not “dualistic” – registers.

Expo 2010 Shanghai China: a signature chapter of the Huangpu Riverfronts Trilogy

PurposeOver decades, mega‐events have enjoyed increasing global popularity as catalysts of significant urban renewal both on and beyond the event grounds. Nevertheless, although some mega‐events are exemplary in their transformation of some places, post‐event failure of others highlight a lack of long‐range planning. Yet, such a paradoxical relationship between spectacularity and sustainability has, so far, received little in‐depth analysis. Building upon the Yin‐Yang theory, the purpose of this paper is to identify the Triple‐C gap and argues that planning for mega‐event led renewals (MELRs) is an issue of dualism rather than dichotomy.Design/methodology/approachThis paper adopts the multiple‐case study approach. Two methodological steps are taken to seek a greater understanding of the issue at global and local scales. One is a review of eight mega‐event cases in the West to identify post‐event sustainability challenges. The other explores these challenges through an examination of the Expo 2010 development as a chapter of the Huangpu Riverfronts Renewal in Shanghai China.FindingsThe eight historical cases and Expo 2010 unanimously challenge the dichotomy between event staging and post‐event sustainability. It is therefore high time for future client organizations to rethink how to find a convergence.Practical implicationsWith lessons drawn, the article concludes that planning an MELR should be pre‐post oriented and serve as a catalyst for broader‐scale improvements.Originality/valueThis pioneering study constitutes a much‐needed reference for future mega‐event hosts to rethink their commitment to MELDs, which will hopefully spark more interdisciplinary interest.

One or two? A historical survey of an aspect of personhood

The article provides a rapid survey of concepts of human personhood over the last two and a half millennia, focussing particularly on the issue of dualism. It illustrates the variety of concepts of personhood, and the variety of types of dualism. The main thinkers touched on are the Presocratics, Buddha, Plato, Aristotle, Aquinas, Descartes, Hume and Kant, with a brief final section on developments in twentieth century psychology.