An approach between the institutional capacity of the Courts of Audit and the regimen of precedents and summulas from the Civil Procedure Code

The institutional capacity of the courts of audit as makers and applicants of precedents and summulas (restatement of case law) is investigated to answer the following: is it possible a mutually beneficial approach to the decision standards regimen from the Civil Procedure Code-CPC, as well as a productive dialogue with the Law of Introduction to the Brazilian Legal Statutes (Lei de Introdução às normas do Direito Brasileiro-LINDB)?. The objective of the work is to analyze, from the abstract and concrete institutional capacities of the audit courts, the aptitude for the formation and application of decision-making standards. To do so, Ronald Dworkin's interpretive theory was chosen, especially because it is believed that precedents are intertwined in a discursive plot, when every single interpreter commits to analyzing past decisions, in a reflexive way, to decide in the present and, at the same time, anticipating the directions for the future of the decision, which is made in the here and now. The hypothesis is that the audit courts have the potential ability to form and apply precedents and summulas, arising from the exercise of their constitutional powers, but that it is also necessary to develop a concrete capacity to form and apply controlling decision patterns. In this way, it allows for a better understanding of the relationship between the decisions of the audit courts and the judicial ones. It is a theoretical work, of legal analysis of the subject, using the deductive method, starting from a general analysis to reach the institutional capacity of audit courts for the formation and application of decision-making standards.

Teo-Ekologi Hindu Dalam Teks Lontar Sri Purana Tatwa

The agricultural sector in Bali is increasingly unpopular for the younger generation. This condition is inversely proportional to the increasing need for food and the tourist destination of Bali in the form of beautiful rice fields. Hindu agricultural traditions make the profession of farmers not only as a source of income but also as a medium for preserving the natural environment through the Hindu theo-ecology concepts. This study tries to explore Hindu theo-ecological in the Lontar Sri Purana Tattwa. The method used is a literature study technique by utilizing hermeneutic theory and interpretive theory which emphasizes the interpretation dimension of values ​​in the Lontar Sri Purana Tattwa. Lontar Sri Purana Tattwa explained the teachings of Hindu theo-ecology through the concept of divinity, ritual, ethics, and mythology. God is manifested as Saguna Brahman, namely gods and goddesses who control various aspects of nature. The main deity worshiped is Dewi Sri as the ruler of rice and welfare. Ritual practices are carried out massively and ethics in farming are upheld. The Hindu theo-ecology in the Sri Purana Tattwa makes professions (farmers) a medium to get closer to God, and at the same time preserve nature. Through an understanding of Hindu theo-ecology, it is hoped that it can increase the interest of the Hindu community in the agricultural sector and foster a love for the environment.

The New Math

This chapter explores the first concentrated effort to theorize and defend Madhva’s inversion against traditional interpretive theory. The protagonist of this chapter is Vyāsatīrtha, the great architect of Dualist Vedānta as a major philosophical, social, and political movement under the auspices of the Vijayanagara Empire. Vyāsatīrtha assembles a systematic defense of the power of the closing. He builds his argument out of existing Mīmāṃsā case law, gathering an array of interpretive decisions in which, he argues, it is really the closing that is the deciding factor. He also reexamines the cases traditionally thought to illustrate the power of the opening, demonstrating in each that some interpretive criterion other than sequence really dictates the agreed-upon conclusion. Thus, without actually challenging the existing interpretive conclusions of the entire Mīmāṃsā tradition, Vyāsatīrtha develops (or, in his mind, reveals) a “new math” that both upholds Madhva’s theory and explains a variety of old results.

New Dimensions of Musicology of the 21st Century: the Experience in Modelling the Interpretative Theory of Musical Communication

Relevance of the study. The relevance of the topic is associated with the formulation of the basic principles of the theory of musical interpretation in its interpretative dimension. Novelty. The novelty of the research lies in the understanding of musical communication as an interpretative phenomenon. The purpose of the research is to propose a model of the interpretative theory of musical communication for the development of the existing concepts. Methodology. Based on the research in modern humanities (M. Bakhtin, J. Habermas, H. Gumbrecht, S. Zizek, M. McLuhan, E. Levinas, J. Austin, D. Sperber, U. Eco), the theory of musical communication (E. Turner, A. Yakupov, V. Medushevsky, B. Syuta) and the theory of musical interpretation (Jean-Jacques Nathiez, T. Adorno, J. Brele, H. Danuzer, E. Gurenko, N. Korikhalova, V. Medushevsky, V. Moskalenko, L. Shapovalova, A. Samoilenko) a new look at the artistic processes of the 20th and early 21st centuries has been proposed. The main is the modeling method. Results and conclusions. For the development of the classical and relevant theories of communication (the main difference of the first is the recognition as the central element of the system the composition as a code, the essence of the second — the existence as the central element of a “musical-communicative event” and attention to the intentions of the communicants, the context of events, which determines their adequate understanding), the model of the interpretative theory of musical communication, in which both approaches are combined, has been introduced. We have introduced into the conceptual apparatus of musical science the type of Homo Interpretatus, which is the creator of a new modern musical reality and can be designated as a summary image of a person who, in the process of musical activity, manifests the dominance of interpreting thinking (in the unity and variety of the functions “composer — performer — listener — researcher”). The concept of “communication strategy” has been proposed, which is understood as the conscious action of the communicant (the intention directed at the Other in the process of creative communication). The typology of communication strategies has been presented: taking into account the type of creative activity (composing, performing, researching, listening) and based on their different forms of working with the material / text, as well as the focus on perception (in particular, idioethnic, modelling, actualizing, integrating, the strategy of style divergence / convergence, active, passive, total randomness, etc.). Significance. The significance of the results lies in the systematic presentation of the positions of the interpretive theory of musical communication, which opens up prospects for further research on the interpretive processes of the 21st century.

Part VIII Accountability for Displacement and Refugee Rights Violations, Ch.65 Border Crimes as Crimes against Humanity

This chapter examines border violence as ‘crimes against humanity’. It begins by explaining what it takes to interpret the phrase ‘crimes against humanity’, as it appears in article 7 of the Rome Statute, in light of rules of interpretation articulated in the Vienna Convention on the Law of Treaties. The chapter then looks at three theories of crimes against humanity. The first follows a basic tenet of Kantian ethics: the charge of crimes against humanity denounces the transformation of humans from ends in themselves to means of governing, or even of eliminating, the lives of others. A second option posits that the key aspect of claims concerning crimes against humanity directed at refugees is that they exert a kind of structural violence: certain kinds of border violence establish a system that extinguishes legal protections for humans, while making such results appear natural. Unlike other cases in which structural violence is rendered transparent to criminal law, contemporary border violence against asylum seekers and refugees can be effectively captured within a criminal law framework. A third interpretive theory suggests that border violence is deleterious towards people’s social lives, as it separates them into hermetic units and prevents interaction and mobility between groups. Proponents of this view may proceed to argue that sealing borders and eliminating the right to asylum is part of a larger plan for solidifying global racial and economic hierarchies: a ‘global apartheid’.