The article describes the evolution of problems in the Lithuanian labour law and labour law science since the re-establishment of independence in 1990. Three periods of evolution are presented: the Soviet period (lasted until 1990), the transitional period (1990- 2004) and the period of the Labour Code (2003 and onwards). During the Soviet period, the Code of Labour Laws regulated employment relationship in strict detail as the main employer was the state itself. Good reflections of that period can be pointed (...) out: active (but forced) collective bargaining, single tariff system that implemented equal treatment in the field of remuneration for work and fluent performance of enforcement of labour laws (legal clarity). During the transitional period, new labour laws were introduced and tuned-up with international labour standards (ILO), but in general there were no essential changes in practice. During all that period, the Lithuanian Labour Code was drafted and came in force in 2003. The period of the new Labour Code started together with the European integration and had to bring new trends of the European labour market into Lithuanian practice. The government and academics brought few initiatives for the liberalisation of labour laws but most of them were stuck in the stage of consulting with social partners (Tripartite Council). Nevertheless, 22 years after the collapse of command economy labour laws incompatible with free labour market still dominate. It is obvious that the Lithuanian Labour Code is outdated and needs general reconstruction. Scientific researches and the EU Council recommendations call for the introduction of flexibility, implementation of flexicurity aiming for full integration into the single European labour market. Some strict labour code rules are prevented from functioning in practice. The courts are forced to derogate from disproportionate and improper articles of the Labour Code. The author brings some of the existing problems of labour law into light and proposes their possible solutions. The existing crisis of labour law could be solved by drafting a new Labour Code with the help of academic researchers and by introducing it directly to the Parliament for adoption. (shrink)

The problems of introduction of flexible work arrangements into Lithuanian labour law are analysed in the paper. Since 1990-ies Lithuania started making huge changes in its economy moving from planned (Soviet) to modern market economy. Together with these changes the employment relationship started to change as well. But after 20 years of development we still see a lack of modern view towards flexible work arrangements in labour laws. The problems of introduction of flexibility into Lithuanian employment relationship are discussed with (...) the retrospective view and explanations of arising obstacles for implementation. Rulings of the Supreme Court of Republic of Lithuania are given to reveal problems existing in practice. Conclusions and suggestions for the improvement of legal provisions are presented. (shrink)

The research analyses the grounds for separation of employment relationship and independent contractors in civil relationship as it is established in legal provisions and court practice of the Republic of Lithuania. Firstly, criteria for separation of civil and labour legal relationship are analysed. Secondly, Lithuanian judicial practice is examined. Since employment contracts are closely related to undeclared work, thirdly, practise of recognizing of undeclared work is used as criteria for identification of employment relationship. The criteria of illegal and undeclared work (...) revealed in court practice are discussed. The changing nature of employment, atypical workers and independent contractors create many problems for separation of these relations. (shrink)

The theoretical aspects and practical application of the termination of an employment contract upon an employee’s notice are analyzed in the paper. An employee can terminate an employment contract by his/her notice either without specifying any reason or due to some serious reasons. The problems of the regulation of the grounds for the exipiry of an employment contract are discussed and analyzed by comparison with the corresponding regulations in other European countries. Rulings of the Supreme Court of the Republic of (...) Lithuania are discussed to reveal the problems existing in practice. Conclusions and suggestions for the improvement of laws providing conditions for homogeneous interpretation of legal provisions are presented. (shrink)

The article focuses on the inconsistency between the European Commission’s position on excluding military AI from its emerging AI policy, and at the same time EU policy initiatives targeted at supporting military and defence elements of AI on the EU level. It leads to the question, what, then, does the debate on military AI suggest to the EU’s actorness discussed in the light of Europe as a power debate with a particular focus on Normative Power Europe, Market Power Europe, and (...) Military Power Europe. By employing discourse analysis, the article examines the EU’s AI strategic discourse, consisting of selected AI-related policy documents from different EU institutions. As a result, the article proposes the Military Power Europe definition based on four categories proposed from the Europe as power debate: ways of action, self-definition, preferred international engagement, and the role of the military. It argues that alongside normative proposals for military AI governance, there are evident desires for militarization in the context of AI development, and a considerable role for the military in the future directions of the EU’s digital and security policies. Despite the inconsistency among EU institutions, military AI appears to be actively discussed within the selected discourse, and so is a part of the EU’s emerging AI policy. (shrink)

For the purposes of this article, the right to confidentiality of communications between a lawyer and a client (legal professional privilege) is analysed and understood as a rule under which, in judicial or administrative proceedings, the content of communications between a lawyer and his client shall not be disclosed; if this rule is breached, the content of the communications in question is not treated as evidence in the process. Legal professional privilege is related to several articles of the Convention for (...) the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights has found that the violation of the right of an accused to communicate with a lawyer without a third party departs from Article 6(3)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms which entitles to defend oneself in person or through a legal assistant. This kind of communication also relates to the Article 8 of the Convention, which provides a right to respect for private and family life, home and correspondence. In the opinion of the European Court of Human Rights, according to the Convention for the Protection of Human Rights and Fundamental Freedoms there is no difference if a lawyer representing a client is a practitioner or not. However, when dealing with the violations of EU competition law, the Court of Justice of the European Union acknowledges the protection of legal professional privilege only with regard to the communications between an accused companies and an independent lawyer (who does not work for his client on an employment contract basis). When the protection of legal professional privilege is not granted for communications of the accused company with its own legal personnel, a question may arise whether it is considered that sufficient level of confidentiality is ensured for these companies. (shrink)

The relation between slurs and their neutral counterparts has been put into question recently by the fact that some slurs can be used to refer to subsets of the referential classes determined by their associated counterparts. This paper aims to reinforce this relation by offering a way of explaining referential restriction that distinguishes between two kinds of slurs: those performing a normalizing role upon (some) individuals inside a class (mostly, a gender) and those used to derogate a marginalized out- group.

Semantic relativism maintains that the truth-value of some propositions is sensitive to a judge parameter, facilitating cases whereby a proposition can be true relative to one judge, but false relative to another. Most prominently, semantic relativism has been applied to predicates of personal tastes (PPTs). Recently, Lasersohn [2007. “Expressives, Perspective and Presupposition.” Theoretical Linguistics 33 (2): 223–230; 2017. Subjectivity and Perspective in Truth-Theoretic Semantics. Oxford: Oxford University Press] has urged an extension of semantic relativism to terms traditionally construed as expressives (...) including derogatory epithets (e.g. ‘asshole’) and, more tentatively, expressions like ‘damn’. In this paper, we challenge Lasersohn’s extension of relativism. Section 1 gives a background on semantic theories for expressives and on semantic relativism. In Section 2, we focus on Lasersohn’s [2007. “Expressives, Perspective and Presupposition.” Theoretical Linguistics 33 (2): 223–230] account where he attempts to apply relativism to a wider range of expressives. We argue that because PPTs and expressives have fundamentally different semantic functions, the prospects for a relativistic account are slim. Several problems are presented. Our focus is on the perspective sensitivity of expressive content and the phenomenon of projection failure, as both reveal a fundamental disparity between expressives and PPTs. (shrink)

Indexical contextualism (IC) is an account of predicates of personal taste (PPTs) which views the semantic content of PPTs as sensitive to the context in which they are uttered, by virtue of their containing an implicit indexical element. Should the context of utterance change, the semantic content carried by the PPT will also change. The main aim of this paper is to show that IC is unable to provide a satisfactory account of PPTs. I look at what I call “pure” (...) IC accounts and show that because they fail to respect empirical data regarding disagreements where neither person is at fault, known as “faultless disagreements”, they must be rejected. I then go on to consider what I call IC “plus” (IC+) accounts. Such accounts attempt to account for the faultlessness of such disagreements using a simple indexical semantics, whilst introducing some extra ingredient to account for the disagreement part. I focus on two main versions of IC+: Gutzmann’s (in: Meier, van Wijnberger-Huitink (eds) Subjective meaning: alternatives to relativism, De Gruyter, Berlin, 2016) expressivist account, and López de Sa’s (in: García-Carpintero, Kölbel (eds) Relative truth, Oxford University Press, Oxford, 2008; Erkenntnis 80(Supp 1):153–165, 2015) presuppositional account. I discuss some internal worries with these accounts before going on to some final remarks about IC/IC+ in general. I conclude that neither IC nor IC+ can provide a satisfactory semantics for PPTs. (shrink)

In this paper we motivate and develop a new approach to predicates of personal taste within the framework of semantic relativism. Our primary goal is to explain faultless disagreement—the phenomenon where two parties disagree, yet both have uttered something true—which is often thought to arise from the use of predicates of personal taste. We combine semantic relativism with an expressivist semantics to yield a novel hybrid theory which we call _Expressive-Relativism_. We motivate the theory by rehearsing a famous objection to (...) Relativism from Frege which we interpret as severing the connection between contradiction and disagreement for relativists. Endorsing the objection, we respond by enriching relativism with an expressivist component which explains disagreement over matters of taste as a refusal to share perspectives rather than as resting on contradiction. (shrink)

This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in 2000, setting the (...) form of guilt and its content in criminal cases for negligent account management, posed no significant problems – the court practice and legal literature followed the attitude that this crime could be committed only negligently. According to Article 16(4) of the Criminal Code 2000, a person is punished for negligent commission of a crime or a misdemeanour only in individual cases stipulated in the Special Part of the Criminal Code. The problem was that no “individual case” was foreseen in Article 223 of the Criminal Code that imposed liability for negligent bookkeeping. This created preconditions for deviating from pre-existing case-law under which this crime could be qualified as negligent. Only in 2009 the Criminal Division of the Lithuanian Supreme Court concluded in its plenary session that Article 223 of the Criminal Code provided liability for criminal record-keeping and accounting only if committed negligently as a form of guilt, and other activities pursuant to this Article might be committed intentionally and recklessly. The plenary session identified a loophole of criminal law and created preconditions for the formation of uniform court practice. Only the legislator can remove the loophole of criminal law identified by the Supreme Court of Lithuania. The author states that all of the acts named in Article 223 of the Criminal Code can be committed negligently and suggests applying the rule contained in Article 16(4) of the Criminal Code to Article 223 of the Criminal Code. All of these findings are based on historical, grammatical and logical interpretation of the “neglect” concept and the analysis of Articles 222 and 223 of the Criminal Code. (shrink)

El objetivo fue realizar una reflexión analítica sobre la investigación formativa, las estrategias de enseñanza para la investigación en las aulas universitarias. Estudio descriptivo, analítico- interpretativo; utilizando el análisis documental de bases digitales, revisión bibliográfica. Conclusiones: La investigación formativa es un proceso esencial para la formación profesional, las estrategias de enseñanza de la investigación hallados son; el aprendizaje basado en problemas, el aprendizaje colaborativo con enfoque socioformativo, seguidos de la monografía investigativa, el aprendizaje por descubrimiento y semilleros de investigación. Finalmente, (...) es necesario promover una cultura investigativa donde prevalezcan los aspectos básicos para la formación de investigadores desde el pregrado. (shrink)

Las oraciones con predicados evaluativos son sensibles a la valoración realizada según un parámetro evaluativo contextual. Dos teorías han proporcionado explicaciones para este tipo de sensibilidad: el contextualismo y el relativismo de apreciación. En este trabajo presentaré una tercera opción que logra lo mismo que estas de una manera más sencilla. La teoría se centrará en dos pilares: una reconsideración del contenido expresado por las oraciones con predicados de gusto que parte de la articulación del parámetro evaluativo como una función (...) diádica, y los compromisos que la aserción de este tipo de oraciones impone sobre los hablantes y sobre el auditorio. Con ambas herramientas se logrará una teoría que podrá dar cuenta de acuerdos, desacuerdos y usos ecóicos de las oraciones evaluativas sin apelar a contextos de apreciación suplementarios a la teoría semántica estándar o a presupuestos de comunidad de los parámetros evaluativos. Sentences with evaluative predicates are sensitive to the valuation carried on under an evaluative parameter in the context. Two theories have provided an account for this kind of context-sensitivity: contextualism and assessment relativism. In this paper I will present a third alternative that achieves the same results in a simpler way. This theory is based on two main ideas: understanding the content expressed on the basis of an articulation of the evaluative parameter as a dyadic function, and the practical and linguistic commitments that the assertion of these sentences imposes over speakers and hearers. Both tools will result in a theory that can manage agreements, disagreements and echoic uses of evaluative sentences without the need to supplement the standard semantic theory with contexts of assessment or with presuppositions of commonality of the evaluative standard. (shrink)

Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 (...) and 82 of the Treaty has expanded Commission’s powers stating that Commission can by decision order an inspection to be conducted in any other premises, land and means of transport, including the homes of directors, managers and other members of staff of the undertakings and associations of undertakings concerned. Such an expansion of the investigative powers of the Commission raises a question of the balance between effectiveness of the EU competition law and a person’s right to privacy, which is guaranteed to everyone by the Article 8 of the European Convention on Human Rights. Nevertheless this right is not absolute and the conditions for the possible limitations of the exercise of it are enshrined in paragraph 2 of the same article. For this reason the aim of this article is to find out whether Commission’s power to carry out searches in private homes meet the requirements set in Article 8(2) of the Convention, i.e., whether the Commission’s power to conduct such searches could be justified under the ECHR Article 8(2). In this study, the authors analyse the Commission’s extended investigative powers, clarify what is covered by the concept of “privacy”, evaluate the requirements set in Article 8(2) of the Convention, analyse conditions of exercising Commission’s extended investigative power and thus qualify if the latter satisfies the requirements set in Article 8(2) of the ECHR. (shrink)

The act of discrimination against the female sex is an undeniable phenomenon in virtually all human societies, though the severity varies from one society to another. It is against this backdrop that this paper is aimed at exposing the inadequate nature of the primogeniture rule of inheritance towards the female, as practised by the Esan people. The paper tests the validity of the logic on which the disinheritance of females rests, and discovers that it is invalid as it violates such (...) moral principles as the categorical imperative and utilitarianism, among others. It therefore advocates for possessive right for females for the sake of justice and equity. (shrink)

In this study, the researchers investigated the relationships between character strengths and ethical engagement in online faculty. One of the ethical duties for higher education faculty is to engage in effective teaching practices. As online higher education becomes increasingly popular, online faculty also bear this duty. Numerous studies have shown that character strengths cultivate ethical behavior. Hence, we sought to determine the relationship between character strengths and ethical engagement in online faculty. Specifically, we focused on intellectual character strengths, interpersonal character (...) strengths, and emotional character strengths because of their relevance to online faculty’s teaching practices. Through correlational analyses, we learned that interpersonal and emotional character strengths were positively and moderately related to ethical engagement, whereas intellectual character strengths were weakly related to ethical engagement. The findings of this study provide insight into online faculty’s character strengths and ethical engagement. However, further research is needed to understand the role of character strengths and ethical engagement in promoting effective teaching practices in online higher education classrooms. (shrink)

William James began his Gifford Lectures in Edinburgh acutely conscious of his position as an American speaking to a European audience, a position that, as he observed in 1901, reversed the usual flow of academic scholarship. James would be pleased to note that the crosscurrents have continued, notably in Jeremy Carrette’s study of James’s relational metaphysics vis-à-vis religion. Carrette’s book attempts—successfully—“to read James through a pluralistic hermeneutic that seeks to include the fringes of our multidisciplinary consciousness and the excluded dimensions” (...) . These “excluded dimensions” include anything obscured by the ways in which traditional disciplinary boundaries have been drawn. Part of the .. (shrink)

Expressive terms (damn, fuck, bastard) are said to convey speakers’ attitudes and feelings. These can be positive or negative, depending on the context. In this paper, I focus on the property of expressives that I take to be of the most importance: descriptive ineffability. Descriptive ineffability is a property of expressive terms for which no suitable descriptive paraphrase can be found that captures the full meaning of the expressive. In the face of arguments that attempt to show either that descriptive (...) terms also carry this feature or that expressives (at least in some instances) can be effable, I defend the idea that descriptive ineffability is unique to expressives. I end the paper by considering what descriptive ineffability can teach us about expressive terms. (shrink)

Expressives are words that convey speakers’ attitudes towards a particular object or situation. Consider two examples:Attributive: That f**khead Jeremy forgot the turkey.Predicative: Jeremy is a f**khead. In both examples the word f**khead communicates some expressive content - the negative attitude of the speaker. However, only in Predicative does it appear to contribute to the truth-conditional content. The task is to explain the semantics of the word f**khead when it seemingly behaves wildly differently in different syntactic positions. In this paper I (...) consider several good candidates for dealing with f**khead occurring in Predicative position: Expressivist and Descriptive approaches that treat f**khead in Predicative as purely descriptive; and Expressive-Contextualism that treats Predicative as communicating to both expressive and descriptive dimensions. I show that none of the options fully capture the meaning of f**khead. Treating Predicative as purely descriptive leaves out the highly important expressive element, whilst Contextualist semantics does not seem as a suitable descriptive theory for expressives. I finally present a novel hybrid account that combines Expressivist semantics with Relativism. I call this view Expressive-Relativism. I show that by adopting Expressive-Relativism we can not only explain the relationship of f**khead in Attributive and Predicative, but also give a suitable descriptive theory that captures the truth-conditions of Predicative. (shrink)

Evaluative sentences (moral judgments, expressions of taste, epistemic modals) are relative to the speaker's standards. Lately, a phenomenon has challenged the traditional explanation of this relativity: whenever two speakers disagree over them they contradict each other without being at fault. Hence, it is thought that the correction of the assertions involved must be relative to an unprivileged standard not necessarily the speaker's. I will claim instead that so far, neither this nor any other proposal has provided an explanation of the (...) phenomenon. I will point out several problems presented by them and I will hint to how this phenomenon could be explained by making minor adjustments to our semantic theory. Sentenças avaliativas (julgamentos morais, expressões de gosto, modos epistêmicos) são relativas aos padrões do falante. Recentemente, um fenômeno desafiou a explicação tradicional dessa relatividade: sempre que dois falantes discordam entre si, eles contradizem um ao outro sem estarem errados. Por isso, pensa-se que a correção das asserções envolvidas deve ser relacionada a um padrão desprovido de privilégio e não necessariamente ao padrão do falante. Eu sustentarei, ao contrário, que até agora nem esta nem alguma outra proposta forneceu uma explicação do fenômeno. Eu assinalarei diversos problemas apresentados por essas propostas e sugerirei o modo como este fenômeno poderia ser explicado ao fazer pequenos ajustes em nossa teoria semântica. (shrink)

Why would we argue about taste, norms or morality when we know that these topics are relative to taste preferences, systems of norms or values to which we are committed? Yet, disagreements over these topics are common in our evaluative discourses. I will claim that the motives to discuss rely on our attitudes towards the standard held by the speakers in each domain of discourse, relating different attitudes to different motives –mainly, conviction and correction. These notions of attitudes and motives (...) will allow me to claim that different domains of evaluative discourse have a different distribution of disagreements driven by them. (shrink)

En The Varieties of Reference, Evans sostiene que el contenido perceptual posee una naturaleza no conceptual. Precisamente, los vínculos informacionales entre sujeto y objeto habilitan el pensamiento singular, al permitir la localización del objeto en un entorno egocéntrico. Anclados en algunos casos en estos vínculos, los pensamientos singulares contienen Ideas adecuadas del objeto, dependientes de una determinada clasificación del mismo. Nada en el contenido perceptual equivale a este recorte conceptual del objeto en el pensamiento. Sostendré entonces la necesidad de introducir (...) la idea de una representación no conceptual de cosa que recortaría, de dicho contenido, un punto de anclaje para la representación informacional. In The Varieties of Reference, Evans claims that perceptual content has a non-conceptual nature. Concretely, the informational links between subject and object allow singular thought by permitting the localization of the object in an egocentric space. Anchored in some cases in these links, singular thoughts contain adequate Ideas of the object that depend on a certain classification of it. Nothing in the perceptual content corresponds to this conceptual cut of the object in thought. I will therefore underline the need to introduce the idea of a non-conceptual representation of thing that will cut, in that content, an anchoring point for the informational representation. (shrink)

Most theories of slurs fall into one of two families: those which understand slurring terms to involve special descriptive/informational content (however conveyed), and those which understand them to encode special emotive/expressive content. Our view is that both offer essential insights, but that part of what sets slurs apart is use-theoretic content. In particular, we urge that slurring words belong at the intersection of a number of categories in a sociolinguistic register taxonomy, one that usually includes [+slang] and [+vulgar] and always (...) includes [-polite] and [+derogatory]. Thus, e.g., what distinguishes ‘Chinese’ from ‘chink’ is neither a peculiar sort of descriptive nor emotional content, but rather the fact that ‘chink’ is lexically marked as belonging to different registers than ‘Chinese’. It is, moreover, partly such facts which makes slurring ethically unacceptable. (shrink)

The present article discusses the broadening of the concept of genocide in Lithuanian national criminal law with regard to the principle of nullum crimen sine lege. The broadened definition, which includes two groups, social and political raises serious problems when the national provisions on genocide are applied retroactively. However, in the case of Lithuania, such a broadening of the definition may be interpreted not as an introduction of distinct independent groups, but of groups that closely overlap with the groups defined (...) by the UN Genocide convention of 1948. The article suggests that potential problems with the principle of nullum crimen sine lege may be avoided by qualifying crimes against the Soviet regime as crimes against humanity. (shrink)

The present article analyses the so-called ‘crime of denial’ recently established in Article 1702 of the Lithuanian Criminal Code. It describes how this crime was introduced in the Lithuanian Law, and the reasons for its present form and challenges. The crime has been applied in two instances (Stankeras case and Paleckis case). The author discusses these two instances of application, critically reviews the arguments of the Prosecutor’s Office and of the court of first instance and shows that at least in (...) the first cases of application of this crime, its objectives and particularities are misunderstood. (shrink)

The present article discusses a well-known religious philosophical and partially legal doctrine of the “Just war”, developed in the Christian tradition by St. Augustine, St. Tomas Aquinas, Francisco de Vittoria, Francisco Suarez, Hugo Grotius and many other thinkers. The main thesis of the doctrine is that war will be just only if it corresponds to certain criteria, such as autoritas principi (waged by the sovereign), justa causa (on just aim) and with recta intentio (animus) or the aim and will to (...) wage war in order to restore justice and not because of personal hate, revenge, lust for glory, etc. However, the impact of the doctrine was not limited by the Middle Ages and the Christian philosophic discourse. This doctrine shaped both emerging international law and international humanitarian law in one or another way. Even though it did not survive intact through the changing reality of the world, it is not so hard to trace the reflections of this doctrine even in contemporary international law. For example, while evaluating the armed conflict we still use the autoritas principi principle (armed conflicts may be fought only by defined subjects such as states or militarily - politically organised dissidents), moreover, when we are dealing with the concept of combatancy, the same principle applies in establishing whether a person is a legal fighter in the conflict or not, because his status directly stems from his belonging to the party of the conflict. With its strictly limited possibilities to use force, the contemporary jus contra bellum also somewhat resembles the doctrine, not only in the sense of justa causa (such as a possibility of unilateral use of force by the state only in self-defence) but also in recta intentio (e.g. the United Nations Security Council may order the use of force only with the intention to re-establish peace). Therefore, even though the doctrine is the product of the Middle Ages thought, it is not forgotten in our days. The possible military strike against Iran in order to stop it from developing nuclear weapon is already discussed in the light of this doctrine. Moreover, authors (though mainly not lawyers) discussing inadequacies of current international legal framework for the use of force (e.g. the need for humanitarian intervention) find their inspiration in the doctrine. (shrink)

The present article is a subjective commentary on the case Kononov v. Latvia dealt by the European Court of Human Rights, in particular drawing attention to the Courts intention not to regard context of the case as important for the substantial issues. Author considers this approach in a bigger picture of clash of historical and legal paradigms of the heritage of the Second World War in different countries (namely, Western Europe, Russia, the Baltic States). Author also discusses what impact Kononov (...) case might have on Soviet crimes prosecution in the future. (shrink)

Superior responsibility has been a widely recognised form of responsibility for omission in both treaty and customary international law. Superiors are held responsible for the acts of their subordinates when they fail in fulfilling their duties to prevent or punish crimes of subordinates. Duties to prevent and punish arise only after the superior knows about the subordinate’s crimes or has a reason to know about it. ‘Has a reason to know’ is a form of constructive knowledge and could be defined (...) as absence of actual knowledge about subordinates’ crimes where that knowledge should exist because of information available to the superior from the content of which it could be easily concluded that there is a possibility that subordinates intend to commit, are committing or have already committed crimes and the lack of that knowledge is a cause of willful disregard of his duties or at least disregard based on gross negligence. (shrink)

The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century the state (...) became almost the only subject that was able to wage a full-scale war. Nevertheless, already in the middle of the XXth century mercenarism has been reborn in Africa’s colonial and post-colonial wars. The end of the XXth century and the beginning of the XXI century witnesses an enormous rise of private security and military companies (PSMC) that are hired to perform different functions related to use of force not only by states, but also by other clients such as international organisations, transnational corporations, etc. A PSMC may be defined as a profit-seeking private enterprise, which is established according to the national law of the state and which is providing, on the basis of a contract, services directly or indirectly connected with the use of military force or its institutions whether in time of armed conflict or peace, notwithstanding how such company describes itself. International humanitarian law has no specific regulation of PSMC. Nevertheless, it would be erroneous to state that the activity of PSMC is not regulated, because international humanitarian law in any case, in one or another way, is applicable to the personnel of PSMC if it is engaged in armed conflict of either international or non-international character. (shrink)

Cyber warfare is becoming a new reality with new battles fought everyday on virtual battlefields. For a century and a half, International Humanitarian Law has been a sentry for victims of wars guaranteeing their legal protection from the calamities of war, trying hard to respond to Clausewitz’s “chameleon of war”. Cyber conflict marks new chameleon’s colour together with the unmanned aerial vehicles, autonomic battle systems and other technologies deployed on battlefields. However, it would be greatly erroneous to claim that the (...) International Humanitarian Law may not apply to the new phenomena just because it is caused by the advanced technology. Even if the Geneva Conventions of 1949 are already sixty years old, the International Humanitarian Law in itself has at minimum customary response mechanism, granting, in a spirit of Marten’s clause, protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience (Protocol I). Notwithstanding, some more complicated fundamental issues also have to be addressed: how the use of cybernetic weapons and means may affect the classic notion of armed conflict? How it can be interpreted in the light of new technologies, i.e. can we still rely on a classic understanding of weapon’s kinetic effect as the main element, or shall we embrace effectsbased “Schmitt’s criteria”. If it so happens, will it make an act without apparent damage to a person/property equal to military hostilities, required by the armed conflict notion and justify the real-life response to it. The effective or overall control tests were used for the attribution of non-state actor’s activity to the state party of an armed conflict but these tests might not meet its purpose in the virtual battlefield of loose networks and open-source communities. If the concept of armed conflict is treated more flexibly, other changes (including issues of attribution) may follow, as well. Perhaps this is the way how the combatant institute will evolve. With classic combatant’s criteria impossible to apply on virtual battlefields, one of the options would be to elaborate concepts of “constant combat function” and “direct participation in hostilities” more precisely, as well as to reconsider state’s affiliation requirements. (shrink)

Enforced disappearance is not a new type of human rights violation. This phenomenon is taking place all over the world. Nevertheless, with the exception of the single provision in the Rome Statute, there is no universal legally binding document which would be applicable in all the cases of enforced disappearances. This article introduces the phenomenon of enforced disappearances, analyses its multiple nature, and overviews the latest developments in drafting legally binding documents within the UN framework.

Near the climax of the ascent passage of the Symposium, Plato describes how the lover turns to gaze at the great sea of the beautiful and. While the phrase has been variously interpreted by commentators and translators, none has regarded it as particularly significant. In what follows we examine the contribution that the immediate context makes to the meaning of the phrase and take note of the link between the adjective φθονος and two subsequent uses of φθονω, both with reference (...) to Alcibiades. We conclude that in the two final scenes of the dialogue the repetition of φθονος and φθονω has the same effect as the repetition of the well-studied adverb ξαφνης. By virtue of these contextual associations, we suggest, the prepositional phrase acquires a new significance. Furthermore, on the interpretation developed here the dialogue's two final scenes encapsulate the view of the incompatibility of jealousy and philosophy that Plato sets forth more explicitly and at greater length in the Phaedrus and Republic. (shrink)

Toward the midpoint of theOTJocasta, in a bid to convince Oedipus of the unreliability of oracles, recalls the old prophecy that Laius was destined to die at the hands of his son. Jocasta points out that this prediction proved doubly mistaken, since Laius was killed by foreign robbers at a crossroads and his newborn child was exposed on the desolate mountainside. To Jocasta's surprise, Oedipus responds with agitation. He questions her closely about the circumstances of Laius' death and then embarks (...) on an autobiographical narrative that touches on his early life in Corinth and his journey to Delphi, reaching its rhetorical climax with the description of his own fateful encounter at the very crossroads mentioned by Jocasta. (shrink)

O objetivo deste trabalho é apresentar um panorama do percurso que levou ao esclarecimento da Síndrome de Down, principalmente a partir da segunda metade do século XX, no que diz respeito à sua caracterização e etiologia enquanto uma condição genética. Para isso, nos baseamos em fontes primárias e em fontes secundárias, levando também em conta os aspectos sociais envolvidos. Esta pesquisa mostra como o conhecimento sobre a Síndrome de Down foi sendo construído e seu impacto no tratamento pela sociedade, levando-a (...) reconhecer os indivíduos com a síndrome a partir de uma condição genética e não como doentes. Esperamos que este estudo possa contribuir para a compreensão das ideias atuais sobre o assunto. (shrink)