bluuebunny/crossref_metadata_2025 huggingface dataset:
Liability for the Payment of Public School Fees
Authors: Carnelley Marita
Published: June 2017

The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA). The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.
The Right to Dignity and Restorative Justice in Schools
Authors: Reyneke Mariëtte
Published: June 2017

A retributive and punitive approach is normally adopted in dealing with misbehaviour in South African schools. Despite the legal abolition of corporal punishment, more than 50 percent of schools still administer it. Other forms of punishment generally applied are also punitive in nature. The right to dignity of all of the parties affected by misbehaviour in schools is considered in this analysis. The possibility of adopting restorative justice as an alternative disciplinary approach is examined as a way of protecting, promoting and restoring the dignity of the victims of such misbehaviour.
Sexual Harassment in the Education Sector
Authors: Smit Denine , Du Plessis Voet
Published: June 2017

Education should safely shape the minds and attitudes of young adults and children, especially with the in loco parentis principle in mind. Young adults who have experienced sexual harassment in the very environment that should have protected them as learners suffer greatly from social problems and from emotional and academic strain. Victims often become future harassers themselves. Sexual harassment should be eradicated from the education sector in toto to ensure a safe learning environment.

 

High incidences of harassment have been found among college students in America, while a very small percentage of such transgressions have been reported. Similar statistics in South African universities are not available, the problem is therefore managed in a void. The position in schools is more alarming.  In South Africa it has been found that 30 per cent of girls are raped at school and that male learners and educators are the main culprits.

 

Not only is the magnitude of this problem gravely underestimated, but the effect of sexual harassment on learners has also not been managed properly. The authors argue that the focus is on avoiding legal responsibility and accountability, rather than on being proactive. The historic invisibility of sexual harassment in education can be attributed to the wrongful silencing thereof.
Editorial
Authors: Venter Francois
Published: June 2017

The papers published in this special edition on law and education were written on the initiative of the South African Education Law Association (SAELA).

JP Rossouw of the Faculty of Education Sciences of the North-West University (Potchefstroom Campus) and current chairperson of SAELA and Wilna Keet (attorney of Pratt Luyt & De Lange, Polokwane) investigate the delictual liability of educator-coaches in their combined functions as coaches, organisers of sport events, referees and sport officials in the context of the security of learner participants.
Access to Education and Training: Pathway to Decent Work for Women
Authors: Moseneke Dikgang
Published: June 2017

Madam Justice BC Mocumie, President of the South African Chapter:  International Association of Women Judges, fellow judges and other distinguished guests; it is a remarkable privilege to be part of this annual general conference of the South African Chapter of the International Association of Women Judges.  I would like to thank you for your kind invitation to me to share this occasion with everybody here present.
The Problems of Proving Actual or Apparent Bias: An Analysis of Contemporary Developments in South Africa
Authors: Okpaluba Chuks , Juma Laurence
Published: June 2017

This article takes a critical look at the divergent approaches of courts in constructing the meaning of actual and apparent bias in adjudicative contexts. It argues that while proving actual bias on the part of an adjudicator may not always be easy and parties often revert to apprehended bias, an allegation of bias in any adjudication process is a matter that courts take very seriously. This notwithstanding, the courts have failed to consistently demarcate the necessary elements and threshold of proof that complainants must overcome to secure a successful challenge of decisions based on adjudicative impartiality. Upon critical evaluation of the decisions on the subject so far rendered, this article suggests that the pattern which has seemingly emerged is that which weighs the allegations of bias against the presumption of impartiality and the requirements of the double reasonableness test.
Human Rights That Influence The Mentally Ill Patient In South African Medical Law: A Discussion of Sections 9; 27; 30 and 31 of the Constitution
Authors: Swanepoel Magdaleen
Published: June 2017

The personalised nature of mental illness obscures from general view the intolerable burden of private and public distress that people with serious mental illness carry. Invariably the mentally ill person encounters rejection and humiliation that are in some way tantamount to a "second illness." The combination either disrupts or puts beyond reach the usual personal and social life stages of marriage, family life, raising children, sexual relationships, the choice of treatment, affordable housing, transportation, education and gainful employment. As a result of their lack of financial and social support and their experience of rejection from society, persons with mental illness tend to neglect themselves and their diet, and frequently delay seeking treatment. Against this background, this contribution critically focuses on the human rights that influence the mentally ill patient in South African medical law. Specific attention is paid to the relevance and meaning of sections 9 (the equality clause), 27 (access to health care services), 30 and 31 (language, culture and religion) of the Constitution of the Republic of South Africa, 1996.
The Devil is in the Definition – Definitions and their Limited Use in Legal Problem Solving
Authors: Brimer David , Brimer Alan
Published: June 2017

The lawyer’s usual attempt to catch the meaning of a thing by entangling it in a net of words is based on a common misapprehension of the way words work. The great minds of the ages have since time immemorial reminded us that words do not contain essences, that meanings are social constructs, and that the relation between words and meanings is slippery at best. Definitions presuppose that words have simple meanings attached to them in something like a one-to-one relationship, which is why the law can sometimes be so obtuse. It is the use of the law in a tribunal that provides the eventual understanding of how the law works. Decisions handed down in courts are embedded in a particular time and a particular set of circumstances and are the products of minds informed by a set of social experiences which other lawyers accept as qualifying those particular persons to pronounce on the law. Our legislature would do well when framing legislation to imitate those who drafted the Constitution of the Republic of South Africa, 1996 which is sufficiently specific, without the support of pages of definitions, to lead to very precise argument in the Constitutional Court, and yet sufficiently general to allow the law to develop with the flux of time.
Third Party Fraud inducing Material Mistake Slip Knot Investments 777 (Pty) Ltd v du Toit 2011 4 SA 72 (SCA)
Authors: Pretorius Chris James
Published: June 2017

In Slip Knot Investments v Du Toit 2011 4 SA 72 (SCA) the Supreme Court of Appeal had to determine if the material mistake of a contractual party induced by the fraud of an independent third party could sustain a plea of iustus error raised by the mistaken party. The position prior to this decision was uncertain and characterised by inconsistency, mostly occasioned by the application of the iustus error doctrine together with fault. The Supreme Court of Appeal found that in the circumstances the mistaken party was liable, despite the fraud of the third party, on the basis of the reliance theory. The decision is commendable for bringing a measure of certainty to the law of mistake on this point and indicating that the reliance theory (as opposed to the iustus error doctrine) is the appropriate means to resolving such cases. Nevertheless, it is suggested that although the general rule implied by the court's approach is entirely apposite, there may well be exceptional instances where on the basis of relevant policy considerations the reliance theory should not prevail and the mistaken party should be absolved from contractual liability. In this manner reliance, which at first seems reasonable for being induced by the conduct of the contract denier, may upon further reflection be regarded as unreasonable based on the consideration of risk creation at the hand of the contract assertor, for instance. Admitting exceptions in appropriate circumstances would also provide a degree of consonance with earlier case law, where, even if the court's approach was open to theoretical criticism, a court has intuitively felt that liability should not lie.
Editorial
Authors: Venter Francois
Published: June 2017

On 13 August 2011 Deputy Chief Justice Dikgang Moseneke delivered the keynote address at the Annual General Conference of the South African Chapter of the International Association of Women Judges held on the Potchefstroom Campus of the North-West University.  We are pleased to open this edition with this address in which he concluded:  "We need judges who are needs driven and who are determined to vindicate rights of aggrieved litigants impartially and without fear or favour.  That deep instinct of fairness which seems to abound in women would be a great asset to our judiciary."
Expressed breast milk: a less used option by working mothers of India
Authors: Rai Suvarna
Published: June 2017

Background: Expressed breast milk is a healthy feeding option as compared to formula milk for working postnatal mothers. Objective of present work was to study the knowledge, attitude and practice regarding expressed breast milk feeding among working postnatal mothers and to identify and explore the barriers against it.Methods: A double blinded cross sectional study was conducted at a tertiary care centre in Hyderabad city, India. 100 working breastfeeding postnatal mothers with infants upto 1 year were identified. A validated questionnaire in English and Hindi was used for data collection. It constituted personal characteristics, knowledge regarding expressed breast milk feeding, attitude towards it and presently followed practices by working mothers.Results: A total of 100 working mothers with infants less than one year were selected who attended the postnatal clinics at our hospital, a tertiary care centre in Hyderabad city. Overall, the knowledge regarding expressed breast milk feeding was unsatisfactory in 64% of women. Only 36% of them had satisfactory knowledge. Positive attitude towards expressed breast milk feeding was seen in 60% of them and 40% of them had negative attitude. Expressed breast milk feeding was practised by 11% of them, formula milk by 53%, mixed feeding by 10% and cow milk by 26% as a substitute to breast feeding in their absence. Univariate analysis revealed no statistically significant determinant of their knowledge, attitude and practices.Conclusions: Knowledge about expressed breast milk feeding in Indian working breastfeeding mothers is suboptimal. Imparting adequate knowledge can improve feeding practices.
Gestational diabetes mellitus with its maternal and foetal outcome: a clinical study
Authors: Makwana Mohan , Bhimwal Raj Kumar , Ram Chaina , Mathur S L. , Lal Kanwar , Mourya Harish
Published: June 2017

Background: Prevalence of the diabetes among pregnant women is increasing, attributable to advance maternal age, multi foetal gestation, increased body mass index, strong family history, sedentary life style, change in the diet, continued immigration. Gestational diabetes has few symptoms, commonly diagnosed by screening during pregnancy.Methods: The present study was conducted at Department of Medicine and Department of Obstetrics and Gynaecology, Dr. S.N. Medical College, Jodhpur. Rajasthan, India.Results: Out of 476 patients attending the antenatal outdoor at the Umaid Hospital, Jodhpur, Rajasthan, India. The prevalence of gestational diabetes in present study was 7.98%, Incidence of GDM found to increase with increasing age with maximum prevalence (10.71%) in more than 30 years age group, with increasing parity, low socioeconomic strata and in urban population. With maximum prevalence amongst higher parities (12.5%) in >G5 and higher). The incidence was higher with history of PIH (36.36%), family H/O DM (33.3%), GDM (12.12%), perinatal losses (15.15%), anomalous baby (9.09%), high BMI (67%). GDM complicate the normal course of pregnancy with increased incidence of PIH (36.4), Polyhydramnios (27.2%), infections like vaginal candidiasis (24.2%) and UTI (39.3%). The infant of diabetic mother had 12 (32.29%), 9 (26.47%), 11 (32.35%), 8 (23.53%) 5 (14.70%) and 3 (8.82%) of hypoglycemia, respiratory distress, macrosomia, congenital anomalies, birth injuries, polycythaemia, and hypocalcaemia respectively in diabetic mothers with suboptimal glycaemic control during pregnancy.Conclusions: GDM continues to be an important obstetrical condition with significant feto-maternal morbidity. Complications in infant of diabetic mother are more common with those mothers who had poor glycaemic control.
A rapid qualitative assay for detection of Clostridium perfringens in canned food products
Authors: Dave Gayatri Ashwinkumar
Published: June 2017

Clostridium perfringens (MTCC 1349) is a Gram-positive, anaerobic, endospore forming, and rod-shaped bacterium. This bacterium produces a variety of toxins under strict anaerobic environment. C. perfringens can grow at temperatures ranging between 20°C and 50°C. It is the major causetive agent for gas gangrene, cellulitis, septicemia, necrotic enteritis and food poisoning, which are common toxin induced conditions noted in human and animals. C. perfringens can produce produce four major types of toxins that are used for the classification of strains, classified under type A–E. Across the globe many countries, including the United States, are affected by C. perfringens food poisonings where it is ranked as one of the most common causes of food borne infections. To date, no direct one step assay for the detection of C. perfringens has been developed and only few methods are known for accurate detection of C. perfringens. Long detection and incubation time is the major consideration of these reporter assays. The prensent study proposes a rapid and reliable colorimetric assay for the detection of C. perfringens. In principale, this assay detects the para nitrophenyl (yellow colour end product) liberated due to the hydrolysis of paranitrophenyl phosphetidyl choline (PNPC) through phospholipase C (lecithinase). Constitutive secretion of phospholipase C is a charactristic feature of C. perfringens. This assay detects the presence of the extracellular lecithinse through the PNPC impragnated impregnated probe. The probe is impregnated with peranitrophenyl phosphotidyl choline ester, which is colourless substrate used by lecithinase. The designed assay is specific towards PNPC and detectes very small quantites of lecithinase under conditions used. The reaction is substrate specific, no cross reaction was observed upon incubation with other substrates. In addition, this assay gave negative results with other clostridium strains, no cross reactions were observed with other experimental strains like C. tetani, C. botulinum, C. acetobutyricum, Bacillus subtilis, and Escherichia coli. This assay is extramly rapid and provides reliable and reproducible results within one hour of incubation at 37°C.
Osteogenic differentiation of human mesenchymal stem cells from adipose tissue and Wharton’s jelly of the umbilical cord
Authors: Zajdel Alicja , Kałucka Magdalena , Kokoszka-Mikołaj Edyta , Wilczok Adam
Published: June 2017

Induced osteogenesis of mesenchymal stem cells (MSCs) may provide an important tool for bone injures treatment. Human umbilical cord and adipose tissue are routinely discarded as clinical waste and may be used as uncontroversial MSCs sources. It still remains to be verified which source of MSCs is the most suitable for bone regeneration.The aim of this research was to investigate the osteogenic potential of human MSCs derived from adipose tissue (ASCs) and Wharton’s jelly of the human umbilical cord (WJ-MSCs) differentiated under the same conditions.Osteogenic differentiation of MSCs was detected and quantified by ARS staining for calcium deposition and alkaline phosphatase (ALP) activity, osteoprotegerin (OPG), and osteocalcin (OC) secretion measurements. Under osteogenic conditions the measured ALP activity and calcium deposition were significantly higher in ASCs than in WJ-MSCs, while the OPG and OC secretion were higher in WJ-MSCs vs. ASCs. Low concentrations of OPG and high levels of OC in ASCs and WJ-MSCs, prove that these cells reached an advanced stage of the osteogenic differentiation. The levels of OC secreted by ASCs were lower than by WJ-MSCs what indicates that the differentiation process of the ASCs reached the stage when the extracellular matrix is overproduced and the down-regulation of OC begins.Both cell types, ASCs and WJ-MSCs possess potential to differentiate towards the osteogenic lineage. However, the observed differences in the levels of osteogenic markers suggest that ASCs may be better candidates for cell-based osteogenesis than WJ-MSCs.
NEED FOR PROFESSIONALISM AND QUALITY SERVICE OF THE TOURIST GUIDES IN OMAN
Authors: Alani Farooq , Khan Firdouse Rahman , Manuel Diana F.
Published: June 2017

PURPOSE
The objectives of the study are to investigate the factors impeding the professionalism of the tourist guides in Oman and to analyze the service quality improvement of the tourist guides.
DESIGN/METHODOLOGY/APPROACH
56 samples were collected from the tourist guides in Oman working in public and private sector, and the samples were selected on a random sampling basis. Using a well-defined questionnaire data was collected, analyzed and interpreted to derive the conclusion.
FINDINGS
The empirical results reveal that there is a rectilinear relationship between the Finance, Societal factors and the Success of Tourist Guide profession. But it is observed that from the negative coefficients that the finance and societal factors make a negative impact on the tourist guide job.
PRACTICAL IMPLICATIONS
It is suggested that specialized courses should be offered by the Government to tourist guides to improve their performances and, financial and moral support should also be provided by the Government to take up Tourist guide profession. The tourist guides prefer the Government should support tourist guides to participate in global events of tourism. Social Implications
It is found that the tourist guides profession is considered neither as a decent job nor as a prestigious job by the society and the media only can correct the view of the society.
ORIGINALITY/VALUE
No study has investigated the professionalism and quality of service of the tourist guides in Oman, and this study will help the planners and the Government to boost tourism.
Extractos de Larrea tridentata como una estrategia ecológica contra Fusarium oxysporum radicis-lycopersici en plantas de tomate bajo condiciones de invernadero
Authors: Peñuelas-Rubio Ofelda , Arellano-Gil Maritza , Verdugo-Fuentes Abel Alberto , Chaparro-Encinas Luis Abraham , Hernández-Rodríguez Sharon Elena , Martínez-Carrillo José Luis , Vargas-Arispuro Irasema Del Carmen
Published: June 2017

Se evaluó la capacidad antifúngica de extractos de Larrea tridentata en la inhibición de Fusarium oxysporum radicis-lycopersici bajo condiciones experimentales en invernadero. Una vez que la cepa de Fusarium se caracterizó, se determinó el crecimiento micelial in vitro y su efecto inhibitorio con los extractos de L. tridentata por el método del medio envenenado a diferentes concentraciones

(0-2000 ppm) y disolventes (diclorometano, metanol, etanol y agua). En el ensayo in vivo se evaluaron diez tratamientos: 2000 y 3000 ppm para DCM y EtOH, 3000 y 6000 ppm para MeOH y

H2O y dos testigos, considerando una planta como unidad experimental y diez repeticiones. Se evaluó la altura de la planta, número de hojas, clorofila, severidad, incidencia y sobrevivencia en plantas de tomate inoculadas con el hongo y tratadas con los diferentes extractos de L. tridentata. Los extractos con mayor porcentaje de inhibición y desarrollo vegetativo fueron: diclorometano a 3000 ppm y metanol a 4000 ppm, tanto in vitro como in vivo. Los extractos de L. tridentata pueden considerarse dentro de un plan de manejo integrado para el control de la pudrición de la corona en tomate causada por F. oxysporum radicis-lycopersici.
From the surface of painting to architecture space: Cloud image
Authors: Bilir Ayse
Published: June 2017

In the act of acquiring knowledge, as it is in many other fields of life, the ability to use technology has taken the lead in the world of education as well. Engineering education is one of these areas. The increasing dependence of people on technology is alarming. In this study, it is examined that how students at the Faculty of Engineering evaluate their visual perception change and the point of view to the arts and arts education after they receive plastic arts education at a basic level. Written opinions were gathered from 150 students who took the elective course ‘Plastic Arts Education’ at the Faculty of Fine Arts at Hacettepe University. 14-week syllabus is used in this course including one theoretical hour and two practical hours each week. This syllabus covers two or three dimensional applied studies, the research and examination of art and its movements, artists, works of art, and exhibition and museum visits. Results show that students have chosen this course since they fed up with their theoretical courses, or the workload of courses, realize they have a bias towards art thinking that it merely and simply requires ability, and they are excited to recognize the difference between ‘look’ and ‘see’.

 Keywords: plastic arts, art education, engineering students.
Contemporary illustration methods and new application areas on illustrations: Interaction induced animated illustrations
Authors: Bulduk Banu
Published: June 2017

Illustration can be defined as a sub-discipline of graphic design enabling the realization of visual communication which mediates to the description of ideas and thoughts in a formal way. From the past to the present, illustrations find various areas of usage as visual elements in communication environment and it can be used as a design element for many graphic products ranging from product designs to children’s books. Over time, stylistic differences in illustration languages have also turned into structural differences in design and production process and concepts such as interaction, user control and animation have developed an alternative language to the traditional illustration techniques. Contemporary form-languages of these illustrations are examined in the scope of this study. Formal analysis of illustrated graphic products and their delivery to new media environments are considered in this process. Animated illustrations and three dimensional design, among those application techniques, are at the active position to intensify the perception of viewers/readers via illustration. In this study, method included the usage, design and application processes of animated illustration applications, also current and proposed examples and alternative languages’ search of illustrations are discussed.   

Keywords: illustration, contemporary illustration, animated illustration, three dimensional art design, interaction design.
Message from Editor
Authors: İlhan Ayse Cakır
Published: June 2017

Dear Readers,

 

It is a great honor for us to publish sixth volume, third issue of Global Journal of Arts Education.

 

Global Journal of Arts Education is an international peer-refereed journal that provides an international form for research in the field of the art and creative education. The journal welcomes a wide range of theoretical and methodological approaches to research, and encourages submissions from the broader fields of education and the arts that are related with learning and teaching through art education. The journal publishes original research articles or comprehensive reviews on design, culture, architecture, aesthetics, arts history, arts ethics, graphic design and ceramics that are related with the area of education.

 

 

Articles focusing on painting and architecture, animated illustrations, art as a therapy, ethics and esthetical paradigms have been included in this issue. The topics of the next issue will be different. You can make sure that we will be trying to serve you with our journal with a rich knowledge in which different kinds of topics are discussed in each volume and issue.

 

A total number of eleven (11) manuscripts were submitted for this issue and each paper has been subjected to double-blind peer review process by the reviewers specialized in the related field. At the end of the review process, a total number of seven (5) high quality research papers were selected and accepted for publication.

 

 

We present many thanks to all the contributors who helped us to publish this issue.

 

Best regards,

 

Prof. Dr. Ayse Cakir Ilhan

 

Editor – in Chief
Nutritional characteristics and physiological studies on the growth and development of Phlebiopsis gigantea
Authors: Negi Sushma , Prasher Indu Bhushan , Kumar Rajeev
Published: June 2017

Physiological studies pertaining to the effect of physical factors, carbon and nitrogen requirement of Phlebiopsis gigantea were conducted to know its behaviour in vitro. These studies have revealed interesting results regarding its growth and reproduction behaviour. The best medium for the optimum growth is Glucose-peptone medium. The optimum temperature (28°C) and pH (5.0) is required for the optimum mycelial production of Phlebiopsis gigantea after 12 days of incubation. The best carbon source for the growth of the fungus is D(+)Glucose least seen in Sucrose medium. The best inorganic nitrogen sources for the growth of the fungus is Sodium nitrate. The least mycelial growth of fungus is observed in ammonium acetate and ammonium nitrate. The best organic nitrogen compound for the mycelial growth of fungus is DL-threonine.
Extended multi-objective firefly algorithm for hydropower energy generation
Authors: Bozorg-Haddad Omid , Garousi-Nejad Irene , Loáiciga Hugo A.
Published: June 2017

Classical methods have severe limitations (such as being trapped in local optima, and the curse of dimensionality) to solve optimization problems. Evolutionary or meta-heuristic algorithms are currently favored as the tools of choice for tackling such complex non-linear reservoir operations. This paper evaluates the performance of an extended multi-objective developed firefly algorithm (MODFA). The MODFA script code was developed using the MATLAB programming language and was applied in MATLAB to optimize hydropower generation by a three-reservoir system in Iran. The two objectives used in the present study are the maximization of the reliability of hydropower generation and the minimization of the vulnerability to generation deficits of the three-reservoir system. Optimal Paretos (OPs) obtained with the MODFA are compared with those obtained with the multi-objective genetic algorithm (MOGA) and the multi-objective firefly algorithm (MOFA) for different levels of performance thresholds (50%, 75%, and 100%). The case study results demonstrate that the MODFA is superior to the MOGA and MOFA for calculating proper OPs with distinct solutions and a wide distribution of solutions. This study's results show that the MODFA solves multi-objective multi-reservoir operation system with the purpose of hydropower generation that are highly nonlinear that classical methods cannot solve.
Preparation of magnetic imprinted graphene oxide composite for catalytic degradation of Congo red under dark ambient conditions
Authors: Yang Xiaochao , You Xiaoxiao , Zhang Bin , Guo Chuigen , Yu Chaosheng
Published: June 2017

Magnetic imprinted N-doped P25/Fe3O4-graphene oxide (MIGNT) was prepared with methyl orange as the dummy template and pyrrole as functional monomer for catalytic degradation of Congo red (CR). Hummers method and the hydrothermal method were used to synthesize Fe3O4-GO and N-doped P25, respectively. The results of adsorption and degradation experiments showed that the adsorption capacity and catalytic degradation ability of the imprinted composite for CR were obviously higher than those of a non-imprinted one. Moreover, the effect factors on degradation efficiency of CR, such as the initial concentration of CR, catalysis time, pH of the solution and temperature, were investigated. The MIGNT was characterized by X-ray diffraction, Fourier transform infrared spectroscopy, transmission electron microscopy, a physical property measurement system and a thermal gravimetric analyzer. The degradation products of CR were detected with high performance liquid chromatography and a mass spectrometer. The MIGNT was a brand-new imprinted composite and had high degradation efficiency for CR under dark ambient conditions. The MIGNT could be recycled conveniently, due to its magnetic property, and could be used as an effective, environmentally friendly and low-cost catalytic degradation material for the treatment of water contaminated by CR.
UWAGI O PROCESIE CHRYSTUSA
Authors: Miglietta Massimo
Published: June 2017

Remarks on Christ’s ProsecutionSummary The subject of the analysis is the prosecution of Jesus of Nazareth, considered by some scholars as the biggest felony committed w ithin the limits of law, by others - as the proceedings conducted w ithout a breach of the charged person’s rights. The author, making use of the sources of law and the Bible researchers allowing to reconstruct the original course of the events, tries to answer a question whether and to what extent the Jews together with the Romans participated in Christ’s sentencing for capital punishm ent and what their responsibility is. The author does not share the view that the proceedings were divided into two separate ones: Jewish and Roman, viz., that the hearing before Sanhedrin was of a religious character and before Pontius Pilat - political.He is certain however that the proceedings had two stages: the investigation during which Jesus was heard by sanhedrin and the court one when Pontius Pilat issued a verdict. The author does not ponder over the fairness of Christ’s prosecution, he only tries to explain whether it was in accordance with the contemporary law. in his opinion the law was not breached, nevertheless, he leaves the question of the judges’ individual liability open.
SUMMUM IUS SUMMA INIURIA. O IDEOLOGICZNYCH ZAŁOŻENIACH W INTERPRETACJI STAROŻYTNYCH TEKSTÓW ŹRÓDŁOWYCH
Authors: Longchamps de Bérier Franciszek
Published: June 2017

Summum ius summa iniuria. Some Remarks on the Ideological Premises in the Interpretation of Ancient Written SourcesSummaryThe saying summum ius summa iniuria has often been repeated after Cicero (Cic., Off. 1,33) until the present times. More than one hundred years before him , in one of his comedies, Terence mentioned that ius summum saepe summast malitia (Ter., Heaut. 796). It must, therefore, have become a proverb quite early on. Similar wording could also be found in the writings of Columella (Colum., Rust. 1,7,2) and Saint Jerome (Hier., Epist. 1,14). This expression, which was reiterated by ancient writers, was popular because it embodied, in a concise form, a com m on Roman experience that the law becomes an injustice when it is executed scrupulously w ithout paying any regard to its social context. It would seem, however, that the proverb summarizes this experience only on the spoken level since it would be difficult to specify its normative content.The Roman proverb is an interesting example of how an old maxim can be understood and used depending on its ideological presuppositions. The article shows how problematic certain interpolation premises are with regard to aequitas. The author criticizes applying the doctrine of class struggle to elucidate the meaning of summum ius summa iniuria. He also points out that Immanuel Kant’s suggestions on how to understand the saying could be misleading.It is not the author’s intention to repudiate ideological premises as such. Indeed, they could be helpful, particularly when ancient sources are ambiguous. Yet any research into these sources should be undertaken first to ascertain, if at all possible, how the Romans perceived a problem, and what they really had in m ind when writing the texts which have been preserved up to date. The texts could be used for any purpose whatsoever providing their interpretative position were clearly stated. Therefore, it would seem essential to distinguish between Roman law and its contemporary reception, as well as the truth about Roman thought and the interpretative possibilities which the sources provide for the present-day commentator.
ZBRODNICZE ZAMIARY A ISTNIENIE OBRONY KONIECZNEJ W PRAWIE RZYMSKIM
Authors: Loska Elżbieta
Published: June 2017

C r i m i n a l In t e n t a n d t h e Ex i s t e n c e o f Se l f D e f e n c e i n t h e Ro m a n La wSummaryIn ancient Rome, initially the sanctions for a m urder applied to its perpetrator regardless his motives. The liability resulting from lex Cornelia was also based rather on the result, viz., the objective element of the act. This was true when the perpetrator’s act led to the victim’s death. In other situations provided for in the act, the perpetrator was punished only when the intent of com m itting a crime was shown. Carrying weapons was allowed only to defend oneself.In the Hadrian’s rescript issued in order to regulate a murder com m itted during an affray, the emperor ordered the judges to carefully examine the circumstances and severely punish the perpetrator but only when he acted w ith an intent of a murder. It resulted from the content of the rescript that a person who killed a man, could be released if he had not acted with an intent of committing a crime whereas a person who wounded in order to kill was to be punished as a murderer. The result of a crime was less significant than the intent.Caesar Hadrian, however, did not go into the processes undergoing in the perpetrator’ psyche that drove him to commit a crime. Therefore a new element was taken into account, namely impetus. It related to the crimes com m itted under emotions. A crime committed under impetus resulted from an uncontrolled impulse caused by an abnormal state of the perpetrator’s psyche. It seems possible to ascribe the actions taken as a self-defence to this group.The constitutions of the subsequent emperors also ordered the judges to take into account the attitude of the perpetrator in examining cases of a m urder. The releases from liability are usually connected with an objective element of a crime. In the ancient sources a different approach, which stresses the existence of the subjective element, may be also traced. Relating the self-defence release with the existence of the animus occidendi seems therefore justified.
POENA CULLEI. KARA CZY RYTUAŁ?
Authors: Jońca Maciej
Published: June 2017

Poena cullei. Penalty or Ritual?SummaryPoena cullei appears to have been one of the most severe and cruel penalties in Roman criminal law. A convict was sewn up in a leather sack and drowned either in the river or in the sea. This sort of punishm ent was mainly inflicted on kin-murderers, which finds its reflection in numerous ancient sources which describe it as poena parricidi. Kin-murderers are claimed to have been liable to such retribution since the punic wars, and this sanction remained effective all throughout the period of Roman state.The sack penalty was more an act of a purification than a penal sanction in its legal meaning. A kin-m urder was perceived by the Roman society as an appalling act bringing pollution not only upon its perpetrator but also the whole community. In order to restore the previous state of order, the society had to get rid of a criminal in the course of a special ritual. At first a convict was flogged with red rodds. Then he had a lupine mask and clogs put on, to be finally sewn up in a sack with four animals - a dog, a monkey, a cock and a viper and afterwards drowned. According to the Romans, a dog, a cock and a viper were horrible animals. They believed a m urderer would undergo a transformation from a hum an being to a blood-thirsty beast. Surprisingly, the three mentioned above creatures had chtonic character and each of them was supposed to play a crucial part in the underworld.The worst consequences ofpoena cullei were to appear after the death of a criminal. During this gloomy ceremony abolitio imaginis was imposed and a m urderer was deprived of the right to a decent burial. This sort of procedure was applied throughout centuries and even in Christian Times did not lose its religious-ritual nature.
POSTULATY ZMIAN W ZIEMSKIM PROCESIE KORONNYM A PRÓBA JEGO REFORMY NA PRZEŁOMIE XVI I XVII WIEKU
Authors: Moniuszko Adam
Published: June 2017

Po stulates for Changes in Gentry Courts Litigation in the Polish Crown - an Attempt of its Reform on the Turn of the 17th CenturySummaryA special commission to amend gentry’s law, especially to shorten and simplify the court procedure, was established in 1589. In 1607 the Lvov gentry’s court clerk, one of the commission’s members, Jan Swoszowski introduced his bill of a new court procedure. it was discussed during the diet in 1611, when its author was elected the speaker, and after a debate the am endm ent was decided to be added to the constitutions and sent to the gentry provincial diets. it was opinioned negatively and annulled by parliament in 1613.The gentry also submitted their own numerous proposals applying to the particular changes in litigation. There were three different types of approach to the problem. The first only provided for removal of slight but cumbersome defects. The second demanded some more serious changes but they were put forward in a very general and vague way. The third category of proposals opted for deep changes in those lawsuit procedures which had not worked effectively enough. This diversity of expectations seemed to be one of the main reasons o f the failure of Swoszowski’s bill. Some of the postulates from the first group were enforced during 1607-1609 diets, which might have satisfied a part of the gentry having a more conservative approach. on the other hand Swoszowski’s bill could have offered too little for those who demanded deeper reforms.
O PRAWNOKARNEJ OCHRONIE NASCITURUSA W III STATUCIE LITEWSKIM
Authors: Godek Sławomir
Published: June 2017

Legal and Criminal Protection of ‘nasciturus’ in the Third Lithuanian StatuteSummary The Third Lithuanian Statute of 1588 regulated the issue specified in the title only partly and quite inconsistently. On the one hand, the Third Statute introduced criminal responsibility for injuring a pregnant woman, which caused a miscarriage; nevertheless, the penalty was insignificant. On the other hand, the legislation stipulated that carrying out a capital punishment must be put off until a child’s birth, which shows the the Lithuanian legislator’s intention to respect the fetus’ right to life. The Statute also provided for the death penalty for abortion and infanticide; nevertheless - contrary to the German law applied in cities - it did notintroduce an explicit distinction between these two crimes. Another inconsistency of the Statute is a lack of punishment in case of a homicide of a bastard child.
WOKÓŁ PROBLEMATYKI NADUŻYCIA PRAWA PODMIOTOWEGO. Polemika z tezami książki Franciszka Longchamps de Bérier, Nadużycie prawa w świetle rzymskiego prawa prywatnego, Monografie Fundacji na rzecz Nauki Polskiej, Wrocław 2004, ss. 330
Authors: Stępkowski Aleksander
Published: June 2017

WOKÓŁ PROBLEMATYKI NADUŻYCIA PRAWA PODMIOTOWEGO. Polemika z tezami książki Franciszka Longchamps de Bérier, Nadużycie prawa w świetle rzymskiego prawa prywatnego, Monografie Fundacji na rzecz Nauki Polskiej, Wrocław 2004, ss. 330
Augmentation of Water Resources Potential and Cropping Intensification Through Watershed Programs
Authors: Mondal Biswajit , Singh Alka , Singh S. D. , Kalra B. S. , Samal P. , Sinha M. K. , Ramajayam D. , Kumar Suresh
Published: June 2017

This paper presents the biophysical impact of various interventions made under watershed development programs, in terms of the creation of additional water resources, and resultant changes in land use and cropping patterns in the Bundelkhand region of Madhya Pradesh State, India. Both primary and secondary data gathered from randomly selected watersheds and their corresponding control villages were used in this study. Analysis revealed that emphasis was given primarily to the creation of water resources potential during implementation of the programs, which led to augmentation of surface and groundwater availability for both irrigation and non‐agricultural purposes. In addition, other land based interventions for soil and moisture conservation, plantation activities, and so forth, were taken up on both arable and nonarable land, which helped to improve land slope and land use, cropping pattern, agricultural productivity, and vegetation cover.
Desarrollo corporal y liderazgo en el proceso de formación militar
Authors: Sandoval Luis Eduardo , Otálora María Camila
Published: June 2017

Este documento describe el proceso de formación de los cadetes en su evolución como líderes militares, a partir de cambios físicos, mentales y corporales que presentan en las diferentes fases de estudio que tienen como alumnos de la escuela militar. Se utilizan aleatoriamente hombres y mujeres de distintos semestres que cursan los programas académicos ofrecidos por la escuela militar, para identificar patrones comunes en la evolución corporal que sirven para mostrar la importancia que tiene la escuela militar como institución formadora de líderes militares de cara a los diferentes retos que deben afrontar los futuros militares en cada una de las regiones del país.
Diálogo entre comunidad e instituciones: requisito fundamental para el ejercicio ciudadano y políticas públicas efectivas
Authors: Otálora-Buitrago Adriana
Published: June 2017

Se desarrolla un análisis de la manera en que las políticas públicas pueden tanto conducir a una mayor legitimidad de las instituciones como servir de vehículo para la formación ciudadana; asume como premisa que la promoción de ciudadanos activos y críticos es un resultado de las políticas públicas incluyentes, emanadas de instituciones dinámicas por su interacción con los ciudadanos en el marco del establecimiento de relaciones horizontales de poder.
Influencia de las tecnologías de información y comunicación (TIC) en el proceso enseñanza-aprendizaje: una mejora de las competencias digitales
Authors: Hermosa Del Vasto Paola Marcela
Published: June 2017

Se hacen grandes esfuerzos para atender las nuevas demandas de una sociedad más informatizada. Se parte del uso de las tecnologías de la información y la comunicación (TIC) en el aula de clase, identificando los factores que influyen en el proceso enseñanza-aprendizaje; (alumnos), en dos institutos públicos bilingües español-inglés, dependientes de la Conserjería de Educación de la Comunidad de Madrid, desde un enfoque analítico-descriptivo. Se examinan las variables estructurales, comportamentales e instrumentales para el estudio. Además, este artículo incluye una revisión del estado del arte, relacionado con el uso educativo de las nuevas tecnologías, al igual que mide la percepción de profesores y alumnos acerca de la utilización de los recursos tecnológicos, instalaciones y equipos, junto con el apoyo que brindan las entidades educativas en los institutos objeto de estudio, los cuales pueden ser tomados como punto de partida para investigaciones futuras.
El valor razonable y la conexión perdida entre contabilidad y auditoría
Authors: Jeppesen Kim K. , Van Liempd Dennis
Published: June 2017

Se pretende argumentar que la relación entre contabilidad y auditoría se ha perdido porque los supuestos filosóficos básicos de la auditoría no se han desarrollado tanto como sus correspondientes en el campo de la contabilidad. En tanto que la contabilidad a valor razonable representa una realidad socialmente construida, la auditoría parece siempre estar fundada en la tradición positivista de la teoría de la evidencia (Cfr. Mautz y Sharaf, 1961; AAA, 1973; Flint, 1988). El resto del trabajo se focaliza en el análisis del problema de la relación perdida entre contabilidad y auditoría, problema que se ha planteado en la sección primera (status quæstionis). En primer lugar, la siguiente sección describirá brevemente la metodología utilizada para el análisis. En la tercera sección se dará una breve descripción del cambio histórico del paradigma principal de la contabilidad, que pasa de informar la verdad a informar en coherencia con los principios de contabilidad generalmente aceptados (PCGA) y los cambios correspondientes en el paradigma principal de la auditoría, desde los tiempos antiguos hasta la auditoría moderna en el siglo XIX, que culminó con la promulgación de ASOBAC. En la cuarta sección, se analizan los avances de la última o dos últimas décadas, más concretamente, el cambio de un enfoque contable basado en la correspondencia con criterios, a un enfoque contable basado en la construcción social de consenso, como puede constatarse en el giro contable a partir de la década de 1990 en adelante con el paradigma del valor razonable. Se argumentará que la auditoría no se ha modificado en consecuencia, y que este eslabón perdido entre el enfoque ontológico de la contabilidad y de la auditoría puede acarrear problemas a los académicos, emisores de normas y profesionales. El artículo concluye con estas implicaciones y la necesidad de investigación futura.
La estereoscopía, métodos y aplicaciones en diferentes áreas del conocimiento
Authors: Cárdenas Quiroga Elsa Adriana , Morales Martín Luz Yolanda , Ussa Caycedo Andrés
Published: June 2017

Se presenta una revisión teórica acerca del concepto de estereoscopía basado en un análisis detallado del proceso de evolución y del estado del arte. Asimismo, se explica el funcionamiento de la estereoscopía, sus fenómenos y principios y se describe el proceso de visión estereoscópica, los métodos de observación estereoscópica: visión convergente, visión paralela y sus técnicas, separación espectral, separación temporal y separación espacial; las herramientas o artefactos que permiten esta visión y algunas de las aplicaciones más utilizadas en los diferentes campos de las ciencias, como en la reconstrucción de terrenos y la telemedicina.