Documents found
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1261.More information
New technologies challenge the law in many ways, for example, they extend one's capacity to harm others and to defend oneself from harm by others. These changes require the law to decide whether we have legal rights to be free from those harms, and whether we may react against those harms extrajudicially through some form of self-help (e.g., self-defence or defence of third parties) or whether we must resort to legal mechanisms alone. These questions have been challenging to answer in the cyberspace context, where new interests and new harms have emerged. The legal limits on permissible self-defence have historically been a function of necessity and proportionality to the threat.However, this article argues that case law and historical commentary reveal that equality between individuals is also an important policy issue underlying the limits on self-defence. The use of technologies in self-defence brings the question of equality to the fore since technologies may sometimes neutralize an inequality in strength between an attacker and a defender. A legal approach that limits resort to technological tools in self-defence would ratify and preserve that inequality.However, the relationship between technology and human equality is complex, and this article proposes an analytical structure for understanding it. The objective is to understand which technologies promote equality while imposing the least social costs when used in self-defence. The article proposes principles (including explicit consideration of the effects on equality) for setting limits on technological self-help, and illustrates their use by applying them to several forms of cyberspace counter-strikes against hackers, phishers, spammers, and peer-to-peer networks.
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1262.More information
Keywords: Samuel de Champlain, Nouvelle-France, historiographie, Autochtones, colonisation, empire, David Hackett Fischer
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1263.More information
AbstractIn this paper we deal with the necessity of developing an idiom data bank. These idioms would be syntactically and semantically classified so that all users could have at their disposal an efficient tool providing access to the information they need to make contrastive analyses. This tool would enable them to retrieve all these idioms in groups of parasynonyms. In respect to translation, this paper examines the relevance of considering several diasystematic criteria (diastratic, diatopic criteria, etc.) and, especially, the possibility of knowing how often these idioms are used thanks to linguistic and data-processing tools – which are being developed in several languages: Frantext (French), CREA and CORDE (Spanish) – in order to try to find the most equivalent translation.
Keywords: paradigme, schéma d'arguments, traduction, collocation conceptuelle, phraséologie
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1264.
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1265.More information
This essay analyzes Miguel de Cervantes’s El amante liberal as a type of psychomachia that dramatizes the battle between two systems of interpersonal triangulation that change and mold the conduct and character of the protagonist Ricardo, and to a degree, of the other protagonist Leonisa. René Girard’s mimetic desire, which degrades and dehumanizes individuals, and St. Thomas Aquinas’s Christian friendship, which foments love and generosity, are inscribed in the story to explore the theme of identity and offer a Cervantine paradigm of reading and interpretation. This paradigm allows for ambiguity, hybridity, and changing interpretations.
Keywords: Amante liberal, Amante liberal, deseo triangular, triangular desire, amistad, friendship
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1266.More information
This article deals exclusively with Marine Insurance in conjunction with the rules established in the Quebec civil Code. Among the main principles, Marine insurance is a contract of indemnity. Also, it is essential for the insured to have an insurable interest in the marine adventure or the insured property. The insured must disclose to the insurer all material facts or circumstances known to him which would materially influence the insurer in the appeciation of the risk.It examines the rules about the voyage, any change, deviation or delay and the consequences for the insurer or the insured.This article also describes the kinds of contracts (for a voyage or for a period of time), the measure of insurable value, the content of the policy, the rights and the obligations of the parties and many other rules (notice of loss, measure of indemnity, assignment, warranties, abandonment, kinds of average loss, subrogation, double insurance, under-insurance, mutual insurance, direct action).
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1267.More information
In Lenten Stuffe, “praise” emerges as a red herring diverting readers from recognizing how Thomas Nashe telescopes his chorography of Yarmouth into a catalogue of arbitrary Crown rule from William the Conqueror’s rule through the English Reformation. So too is Nashe’s apology for contributing to the seditious play, Ile of Dogs. Historical circumstances surrounding the Swan Theatre and a stolen diamond complicate conventional readings of this incident, Nashe’s exile, and subsequently, the sincerity of Nashe’s encomium. Lastly, this essay examines Nashe’s projection of the Butcher and Fishmonger’s debate surrounding the arbitrariness of Lenten laws from Erasmus’s colloquy “A Fish Diet” into the red herring’s fictional ascent to human and divine monarchy. Erasmus’s joke in “Fish Diet” is at the expense of the Fishmonger, but Nashe elides his geographical and political targets to generate a subtext of outrage directed at Crown rule and English Reform.
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1270.More information
This article offers an analysis of Thomas Goffe’s portrayal of Turkish persons in his plays The Raging Turk (1618) and The Courageous Turk (1619), which represent specific English understandings of Ottoman beliefs about proper sensorial behaviour in political and religious contexts, in particular those concerning law and justice. The article offers a counter to the “Othering” narrative by arguing that specific characters are represented in sensorially positive manners to protect English political interests, especially related to murders within the family that are portrayed in the national interests of Ottoman leaders. The article seeks to facilitate this aim by examining Goffe’s portrayals of Ottoman rulers and the role that sensory elements played in his representations of their power and legitimacy. In particular, the article focuses on death rituals of official violence—executions—and how the senses were involved in their depiction. It grows out of historiographical debates on perceptions of the Other and stereotypes of Ottoman Islam and Orientalism. In doing so, the article seeks to demonstrate that Goffe’s work provides an alternative view of “the Turk” from that of many contemporaries—one that is less about brutality and barbarism and more about the constraints of law in a regulated polity. It arrives at the consensus that Goffe’s representation of male Turkish rulers is demonstrative of an emerging Turkish stereotype that is less about violence for its own sake and more about lawful, justified violence within the bounds of Ottoman culture and legal institutions.
Keywords: Turkish, Turc, Ottomans, Ottomans, Altérité, Otherness, Legality, Légalité, Représentation, (Mis)representation, Islam, Déformation, Crusading, Islam, Orientalism, Croisade, Orientalisme