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L’évidence du monde : Méthode et empirie de la phénoménologie

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ISBN: 9782802803997 DOI: 10.4000/books.pusl.17481 Language: French
Publisher: Presses de l’Université Saint-Louis
Subject: Philosophy
Added to DOAB on : 2019-12-06 13:15:50
License: OpenEdition Licence for Books

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Le projet phénoménologique, tel qu'il fut conçu par Edmund Husserl, se définit d'abord par le souci constant de dégager l'expérience intuitive au fondement de toute connaissance. Mais qu'est-ce que l'intuition originairement donatrice ? Quel est le sens fondamental de l'empirie phénoménologique ? Seule la réduction de tous les préjugés qui grèvent l'acception traditionnelle de l'intuition permet de redéployer son sens et corrélativement la consistance véritable du champ phénoménal. Mais si la réduction constitue donc la méthode d'un redéploiement de notre relation primordiale au monde, elle est aussi la voie tout au long de laquelle le phénomène manifeste une profondeur toujours accrue et qui n'est pas dépourvue d'ambiguïté. Qu'en est-il en définitive de notre évidence du monde ? Cet ouvrage tente d'apporter quelques éclaircissements à cette question dont l'urgence est encore soulignée par la forclusion dont la frappe aujourd'hui le relativisme ambiant.

Evidence in Civil Law - Romania

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Book Series: Law & Society ISBN: 9789616842563 Year: Pages: 31 DOI: 10.4335/978-961-6842-56-3 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:47:10
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This study is offering a review of the most important institutions of the Romanian law of evidence: the fundamental principles of civil procedure, as well as the general principles of evidence taking; an analysis of the various means of evidence, and of the rules regarding the taking of evidence; some specific issues such as the unlawful evidence, the costs, language and translation in the process of the taking of evidence, are also examined.

Evidence in Civil Law - Ireland

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Book Series: Law & Society ISBN: 9789616842525 Year: Pages: 120 DOI: 10.4335/978-961-6842-52-5 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:08:58
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Ireland as a common law jurisdiction operates an adversarial system. Ireland has a written Constitution, Bunreacht na h-Éireann. Other sources of law include legislation and European Union Law and a doctrine of precedent operates. This paper comprises a discussion of the law of evidence in Irish Civil Procedure. It follows the structure of a questionnaire circulated for the purposes of a comparative study as part of an EU wide project and is repetitive in parts. It was completed between November 2013 and August 2014 and in the interim there have been significant developments in the Irish legal system, most notably the establishment of the Court of Appeal and the Supreme Court decision in D.P.P. v. J.C. [2015] IESC 31, which modified the exclusionary rule concerning unconstitutionally obtained evidence. The primary form of proof in Irish courts is oral evidence. Competent witnesses are generally compellable. Usually testimony, on oath or affirmation, is given viva voce in open court before the Judge and where necessary a jury, and in the presence of the parties. The right to cross-examine is constitutionally guaranteed. In civil cases, the standard of proof is the balance of probabilities. The burden of proof rests on the party which asserts. The principle of audi alteram partem applies. A distinction is drawn between unconstitutionally obtained evidence and illegally obtained evidence. There is pre-trial discovery. Evidence taking by and for foreign courts is discussed.

Evidence in Civil Law - Austria

Authors: ---
Book Series: Law & Society ISBN: 9789616842440 Year: Pages: 59 DOI: 10.4335/978-961-6842-44-0 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-06 18:11:51
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This report outlines the rules on the taking and using of evidence in Austrian civil procedure law. On the basis of principles such as the free disposition of parties, the attenuated inquisitorial principle or the principles of orality and directness, the judge and the parties form a “working group” when investigating the matter in dispute. The Austrian concept of an active judge, however, goes along with the judge’s duty to do case-management and especially to induce a truthful fact-finding using judicial discretion. While only five means of proof (documents, witnesses, expert opinions, evidence by inspection and the examination of parties) are explicitly listed the Austrian civil procedure code, there is no numerus clausus regarding the means of evidence. Evidence may be freely assessed by the judge.

Evidence in Civil Law - Slovakia

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Book Series: Law & Society ISBN: 9789616842570 Year: Pages: 50 DOI: 10.4335/978-961-6842-57-0 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:43:38
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Like in all jurisdictions of the Member States of the European Union the Slovak civil procedure is governed by the range of principles that were developed in Europe since 19th century. The thesis summarizes the main principles and their application by the judges when taking the evidence in the course of civil proceedings. It is evident that the observance of principles is vital not only in the drafting of legislation, but also in its implementation and claiming rights of the parties before the court. The combination of competing principles, such as free disposition principle and the officiality principle, as well as the adversarial and inquisitorial principles helps to achieve the situation in both positive law and the decision making practice of the courts, where it is possible to decide the civil cases in a fair and objective way enabling parties to use procedural tools at their disposal. The thesis further elaborates on role of principles in taking evidence at the court and it also describes the kinds and means of evidence according to the Slovak Code of Civil Procedure.

Evidence in Civil Law - Portugal

Authors: --- ---
Book Series: Law & Society ISBN: 9789616842556 Year: Pages: 70 DOI: 10.4335/978-961-6842-55-6 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:50:14
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The following text deals with the general principles and legal rules regarding evidence and evidence taking in the Portuguese legal system. Based on the rules foreseen in legal texts, as well as court decisions and national literature, the authors approach the general theory behind the current rules and notions in force while also referencing the specifications of the means of proof in use in legal practice.

Evidence in Civil Law - Croatia

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Book Series: Law & Society ISBN: 9789616842402 Year: Pages: 55 DOI: 10.4335/978-961-6842-40-2 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 10:52:17
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This book portrays evidence and gathering of evidence under the current Croatian regulation relating to evidence and in practice. In this context, the author first analyses the fundamental principles of Croatian civil procedure and law of evidence. Then, the general principles of evidence and gathering of evidence are discussed, as well as the general rule on the burden of proof. The question of gathering of evidence through modern technology (videoconferencing, etc.) in the Croatian law and practice is also discussed. Separate parts of this book contain the analysis of means of proof regulated by the Croatian Civil Procedure Act: inspection of object ('view'), documents, witness testimony, expert testimony, and party testimony. The rules on costs caused by gathering of evidence, including the costs for translation are analysed, as well as the rules on language. The concepts of illegally obtained evidence and illegal evidence in the Croatian law and practice are discussed. This volume contains the report about the Council Regulation (EC) No 1206/2001 and the multilateral and bilateral legal assistance treaties to which Croatia is a party. There are several appendices to this book: a table of authorities according to the Regulation No 1206/2001, and relevant sources of Croatian civil procedure, table of case law on evidence, table portraying a ordinary/common civil procedure timeline, table referring to legal interpretation in the Croatian legal system, and comparative tables focusing on functional differences between national regulation, bilateral legal assistance treaties, multilateral treaties, and Council Regulation (EC) No 1206/2001 on taking of evidence by hearing of witnesses. This book is a result of the Dimensions of Evidence in European Civil Procedure research project commissioned by European Commission, Directorate-General Justice.

Die Gemeinschaftlichkeit der Beweismittel

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ISBN: 9783709700617 Year: Pages: 361 Seiten DOI: 10.26530/oapen_615740 Language: German
Publisher: Jan Sramek Verlag Grant: Austrian Science Fund - PUB 284
Subject: Law
Added to DOAB on : 2016-09-21 11:01:16
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In the part regarding taking of evidence of the Austrian Code of Civil Procedure, one can find provisions referring to so called common pieces of evidence. In academic literature a general principle of right to provide evidence is derived therefrom according to which a party in a lawsuit is obliged to assist and support also the opposing party to a certain extent. One of the facts by which such duty to cooperate is imposed on the parties by procedural law are common pieces of evidence.

The Mediterranean Way of Eating

Authors: ---
ISBN: 9781482231250 Year: Pages: 281 Language: English
Publisher: Taylor & Francis
Subject: Biology --- Medicine (General) --- Public Health --- Chemical Technology
Added to DOAB on : 2020-07-24 23:59:01
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Scientific evidence accumulated over decades validates the idea that a plant-based dietary pattern, such as the traditional Mediterranean way of eating, promotes health and plays an important role in risk reduction and prevention of several chronic diseases. One of the great advantages of the Mediterranean diet is that it can be easily adopted by other cultures because it is flexible and highly palatable. The Mediterranean Way of Eating: Evidence for Chronic Disease Prevention and Weight Management offers evidence-based information about an enjoyable, healthy way of eating that has stood the test of time, along with practical suggestions for incorporating the Mediterranean diet into your daily life. The first part of the book provides a brief history of the Mediterranean region and its different dietary influences. It discusses shared and unique foods in the coastal regions, and recent influences of processed foods and fast foods. It also presents scientific information on critical nutrients (macronutrients, vitamins, minerals, phytochemicals, antioxidants, and fiber) in foods found in the Mediterranean diets, how they function in the body, and why they are essential to health. The authors review the major chronic diseases, including obesity, type 2 diabetes, cardiovascular diseases, and certain cancers, and examine how a Mediterranean-style diet may help reduce risk or prevent these diseases. The second part of the book addresses the protective effects of foods and food components, discussing how Mediterranean diets may confer health benefits for reducing disease risk and managing weight. It examines the evidence-based health benefits for each of the food groups—such as fruits, vegetables, grains, fish, meat, dairy products, plus alcohol—along with suggestions for using the foods as part of a healthy diet. The last part of the book focuses on how to move toward a Mediterranean-style diet in your own life, eating at home or dining out, offering effective strategies for implementing the dietary changes.

Keywords

Chronic --- Disease --- Eating --- Evidence --- Management --- Mediterranean

Evidence in Civil Law - Sweden

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Book Series: Law & Society ISBN: 9789616842600 Year: Pages: 42 DOI: 10.4335/978-961-6842-60-0 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:11:26
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This publication is based on the Swedish report to the project Dimensions of Evidence in Civil Procedure. The major objective of the project has been to explore whether there exists a common core of European Law of Evidence, and if it does, to describe its content and its most important points of discord among the national legal systems. By providing a clear picture of common core principles, the project can serve as a starting point for further harmonisation or unification processes in this field. A basic assumption of the project is that there can be no trust without a clear picture what courts do in matters of evidence, and how they discover the facts. This publication presents the relevant aspects of the Swedish legal system. The Swedish system for adjunction seldom takes its ground in firmly defined principles, but principles appear in decisions ad hoc. The Swedish application of the principle of free production of evidence and the principle of free assessment of evidence are far-reaching.

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