The aim of the article is to answer the question if accession can be maintained as a separate and independent mode of acquisition and loss of ownership in the Lithuanian civil law. Although this mode takes its beginning in the Roman law and is well-known in other European jurisdictions, the situation in Lithuania is less clear because the accession is almost totally absent from the legal texts of the Lithuanian positive civil law, court decisions and legal doctrine as well. Thus, (...) a legal analysis confined to the linguistic analysis of law would come to the conclusion that Lithuanian law functions without the accession. Nevertheless, a deeper analysis of the Lithuanian Civil Code and case law reveals a different view. To respond to the posed question, the article analyses the functions and the concept of accession as one of the aspects of a broader property law principle, namely, of unity. The essence of the latter is that one thing presupposes one right of ownership and it is inconceivable to hold several full ownerships into the same thing. In this respect, accession plays an important role protecting the legal interests of the third parties. Also, the application of accession in other continental European countries and the solutions proposed by the Draft Common Frame of Reference is analysed. Further, the analysis turns to the Lithuanian positive law and case law. In spite of the lack of express reference to the accession rule, careful analysis shows that, in fact, the accession rule is established in the Lithuanian Civil Code, albeit it could be found in various forms and in several different units of the Civil Code. Also, Lithuanian courts routinely apply the rules on accession in practice. Even more, the analysis shows that the Lithuanian Civil Code is not devoid of the rules of accession, but, on the opposite, this legal institute is over-regulated and, in part, incoherent. This quality can be explained as a consequence of an imprecise legal drafting. The final conclusion is drawn that accession is a separate and fully working legal institute of Lithuanian civil law, although to reach its coherent application a certain interpretative position should be adopted. (shrink)

This article is a semiotics-based attempt to explain artistic creativity of traditional East Asia and the Romantic West. Invoking the Greimas-Tarasti model, in which the modalities of “will,” “must,” “can,” and “know” are considered as a semiotic system, the author tries to examine how these modalities are manifested in discourses that define artistic subjectivities and actions. The concepts of the sublime and yūgen, authenticity and kokoro, formal communicational standards and kata, conventional beauty and hana are discussed side by side from (...) a comparative perspective. However, the article tries to reveal cultural creative patterns not so much in terms of qualitative difference as in terms of a particular configuration of a universal system. In the subject–object conjunction-oriented metaphysics of Buddhism and Confucianism, the immanent subjectivity is treated as constituted through the body and social mediation. For this reason, as we will see from the analysis of Nō theater performance principles, individual kokoro can hardly be distinguished from impersonal kata. In the Romantic paradigm, longing for an initial (or final) subject–object conjunction is expressed in the ideal of organic synthesis, and artistic creation is considered as the best manifestation of such synthesis. However, this conjunction functions in most cases as an immanent aesthetic vision, and symbols can hardly become the “complete representation of true spiritual life.”. (shrink)

Bridging the gap between the world of science and the realm of the spiritual, B. Alan Wallace introduces a natural theory of human consciousness that has its roots in contemporary physics and Buddhism. Wallace's "special theory of ontological relativity" suggests that mental phenomena are _conditioned_ by the brain, but do not _emerge_ from it. Rather, the entire natural world of mind and matter, subjects and objects, arises from a unitary dimension of reality that is more fundamental than these dualities, as (...) proposed by Wolfgang Pauli and Carl Jung. To test his hypothesis, Wallace employs the Buddhist meditative practice of _samatha_, refining one's attention and metacognition, to create a kind of telescope to examine the space of the mind. Drawing on the work of the physicist John Wheeler, he then proposes a more general theory in which the participatory nature of reality is envisioned as a self-excited circuit. In comparing these ideas to the Buddhist theory known as the Middle Way philosophy, Wallace explores further aspects of his "general theory of ontological relativity," which can be investigated by means of _vipasyana_, or insight, meditation. Wallace then focuses on the theme of symmetry in reference to quantum cosmology and the "problem of frozen time," relating these issues to the theory and practices of the Great Perfection school of Tibetan Buddhism. He concludes with a discussion of the general theme of complementarity as it relates to science and religion. The theories of relativity and quantum mechanics were major achievements in the physical sciences, and the theory of evolution has had an equally deep impact on the life sciences. However, rigorous scientific methods do not yet exist to observe mental phenomena, and naturalism has its limits for shedding light on the workings of the mind. A pioneer of modern consciousness research, Wallace offers a practical and revolutionary method for exploring the mind that combines the keenest insights of contemporary physicists and philosophers with the time-honored meditative traditions of Buddhism. (shrink)

Bridging the gap between the world of science and the realm of the spiritual, B. Alan Wallace introduces a natural theory of human consciousness that has its roots in contemporary physics and Buddhism. Wallace's "special theory of ontological relativity" suggests that mental phenomena are _conditioned_ by the brain, but do not _emerge_ from it. Rather, the entire natural world of mind and matter, subjects and objects, arises from a unitary dimension of reality that is more fundamental than these dualities, as (...) proposed by Wolfgang Pauli and Carl Jung. To test his hypothesis, Wallace employs the Buddhist meditative practice of _samatha_, refining one's attention and metacognition, to create a kind of telescope to examine the space of the mind. Drawing on the work of the physicist John Wheeler, he then proposes a more general theory in which the participatory nature of reality is envisioned as a self-excited circuit. In comparing these ideas to the Buddhist theory known as the Middle Way philosophy, Wallace explores further aspects of his "general theory of ontological relativity," which can be investigated by means of _vipasyana_, or insight, meditation. Wallace then focuses on the theme of symmetry in reference to quantum cosmology and the "problem of frozen time," relating these issues to the theory and practices of the Great Perfection school of Tibetan Buddhism. He concludes with a discussion of the general theme of complementarity as it relates to science and religion. The theories of relativity and quantum mechanics were major achievements in the physical sciences, and the theory of evolution has had an equally deep impact on the life sciences. However, rigorous scientific methods do not yet exist to observe mental phenomena, and naturalism has its limits for shedding light on the workings of the mind. A pioneer of modern consciousness research, Wallace offers a practical and revolutionary method for exploring the mind that combines the keenest insights of contemporary physicists and philosophers with the time-honored meditative traditions of Buddhism. (shrink)

The principle of publicity is one of the fundamental principles of property law: property rights should be made public in order to inform third parties about the existence of the property right and its holder and thereby to foster legal certainty and efficiency. The publicity of ownership in immovable property is achieved through registration of ownership in the public register. However, the problem arises because of the unavoidable discrepancies between the data contained in the public register and the factual situation. (...) Different states choose different models to solve the practical problems arising out of the aforementioned discrepancies. On the one hand, Lithuania belongs to the group of states that implement the so-called declaratory system of registration, i.e. the transfer of ownership is based on an agreement or other legal grounds and the registration is not mandatory but provides the transfer with a third-party effect. This can be seen as a proof of priority of a factual situation over the registered data. On the other hand, Lithuanian laws provide the data of the register with some positive reliance, i.e. third parties are not only protected from claims arising out of unregistered rights (negative reliance), but they can also rely on the transcripts in the register. This is especially true in the case of bona fide transferee of immovable property which with some minor exceptions acquires ownership even from a non-owner, if the latter honestly relied on the data of the register. This regulatory framework is further adopted and transformed by the case law of the Lithuanian courts. The analysis of the latter shows that courts are inclined to rely more on the factual situation and easily deny the meaning of the registered rights. In various ways, the concept of the bona fide transferee is restricted and there are instances of positive duties ascribed to them. Besides, the existing case law demonstrates equivocal attitude towards the legal effects of registered data. Such tendencies of case law may hinder the rule of positive reliance and cause greater legal uncertainty. (shrink)

Directive 96/9/EC of the European Parliament and of the Council on the legal protection of databases of 11 March 1996, which was intended to protect the interests of the makers of databases, determined that databases could be protected by double rights: copyright and sui generis right. The article first of all analyses what persons are entitled to be acknowledged as holders of copyright and sui generis right in respect of a newly created database. As the issue of the owner of (...) copyright is not regulated by the 1996 Directive, this is determined by the application of national provisions. Pursuant to the Law on Copyright and Related Rights of the Republic of Lithuania, the owner of copyright may mean, depending on the situation, a natural person – the author of a database or a group of authors, the holder of the right to a collective work, or an employer. The analysis presented in the articleindicates that predominantly it is the author (authors) of a database who is held to be the owner of the copyright. Courts tend to interpret the rule concerning the transfer of copyright to the employer in a restrictive way; besides, in accordance with the specifics of the Lithuanian legal regulation, economic rights are transferred to the employer only for the period of 5 years. The category of collective work is of a subsidiary character and may be applied only in exclusive cases. Therefore, when a database is created upon the commission of another person, including the employer, the customer is expected to form a written agreement where the transfer of economic rights to the customer is clearly defined. (shrink)

This article aims to analyze the legal regulation of performers’ rights in Lithuania. Analysis is divided in two parts: the first part analyses performers’ economic rights by comparing them to the authors’ economic rights and the legal regulation of performers’ rights in foreign countries; the second part of article focuses on the different content of performers’ economic rights due to the mean of fixation of performance (unfixed performance, performance fixed to the phonogram, audiovisual fixation of performance). Analysis of the Lithuanian (...) legal regulation on performers’ economic right has shown that although Copyright Law of Lithuania in general complies with international and EU acts governing performers’ rights, four main fields of legal regulation need to be revised. Firstly, Copyright Law should provide that when concluding an agreement concerning an audiovisual fixation of his performance with a producer of audiovisual work the performer transfers his exclusive rights to the producer, the performer shall retain an unwaivable right to receive an equitable remuneration for every transferred exclusive right. Secondly, the legal definition of phonogram published for the commercial purposes should be provided in the Law on Copyright of Lithuania. (shrink)

The late Jacob Klein’s important book is, remarkably, a lucid presentation of esoteric argument. Dealing with the famed Platonic triad, Theaetetus, Sophist, and Statesman, Klein settles the dispute about the missing dialogue, "The Philosopher," by first denying that it is missing and second showing that it is unnecessary. He argues, in short, that the triad is a dyad. That argument is reinforced by the distinction Klein strongly implies between the Socratic Theaetetus and the Eleatic Sophist and Statesman. "We can now (...) understand why the conversations of the ‘trilogy’ occur in two, not three, days and why the Sophist, the Statesman, and the Philosopher are dealt with in two, not three, dialogues". (shrink)

The _Platform Sutra_ records the teachings of Hui-neng, the Sixth Patriarch, who is revered as one of the two great figures in the founding of Ch'an (Zen) Buddhism. This translation is the definitive English version of the eighth-century Ch'an classic. Phillip B. Yampolsky has based his translation on the Tun-huang manuscript, the earliest extant version of the work. A critical edition of the Chinese text is given at the end of the volume. Dr. Yampolsky also furnishes a lengthy and detailed (...) historical introduction which contains much information hitherto unavailable even to scholars, and provides the context essential to an understanding of Hui-neng's work. He gives an account of the history and legends of Ch'an Buddhism, with particular attention to the traditions associated with Hui-neng, quoting or summarizing the most important narratives. He then discusses the various texts of the _Platform Sutra_, and analyzes its contents. (shrink)

Article deals with the situation of enforcement of intellectual property rights in Lithuania after the implementation of 2004 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. First, the authors outline the importance of the proportionality principle which is embedded in the text of the directive, but sometimes may be overlooked because of the rhetoric openly orientated to right holders. Then, the legislative changes in Lithuania’s intellectual property laws (...) and tendencies in case law are analyzed. The main findings of the research show that despite considerable changes in Lithuanian laws, the situation in case law was not in fact influenced. (shrink)

Bringing together Deleuze, Blanchot, and Foucault, this book provides a detailed and original exploration of the ideas that influenced Deleuze's thought leading up to and throughout his cinema volumes and, as a result, proposes a new definition of art. Examining Blanchot's suggestion that art and dream are "outside" of power, as imagination has neither reality nor truth, and Foucault's theory that power forms knowledge by valuing life, Eugene Brent Young relates these to both Deleuze's philosophy of time and his work (...) with Guattari on art. In doing so, he uses case studies from literature and popular film, including Kafka's Castle, Villeneuve's Arrival, and Kubrick's Eyes Wide Shut. Providing important new insights for those working in literary and cinematic studies, this book advances a new definition of art as that which reverses the realities and truths of power to express obscure ideas and values beyond both our exterior and interior worlds. (shrink)

While the question of free will does not figure as prominently in Buddhist writings as it does in western theology, philosophy, and psychology, it is a topic that was addressed in the earliest Buddhist writings. According to these accounts, for pragmatic and ethical reasons, the Buddha rejected both determinism and indeterminism as understood at that time. Rather than asking the metaphysical question of whether already humans have free will, Buddhist tradition takes a more pragmatic approach, exploring ways in which we (...) can acquire greater freedom to make wise choices that are truly conducive to our own and others' genuine well-being. One key to achieving such freedom is the cultivation of attentional skills so that one can deliberately focus one's attention with continuity and clarity on one's chosen object. A second theme is the cultivation of insight into the manner in which our own attitudes shape experience, allowing for the possibility of altering not only the way we experience events in the present, but also how we are influenced by our memories of the past. Finally, the Great Perfection school of Tibetan Buddhism emphasizes the realization of the deepest dimension of consciousness -- pristine awareness -- which transcends the nexus of causality. This is regarded as the ultimate source of freedom and the ultimate nature of human identity. (shrink)

On September 1, 2023, Texas made important revisions to it its decades‐old statute granting legal safe harbor immunity to physicians who withhold or withdraw life‐sustaining treatment over the objection of critically ill patients’ surrogate decision‐makers. However, lawmakers left untouched glaring flaws in a key safeguard for patients—the transfer option. The transfer option is ethically important because, when no hospital is willing to accept the patient in transfer, that fact is taken as strong evidence that the surrogates’ treatment requests fall outside (...) accepted medical practice. But there are serious shortcomings in how the transfer option is carried out in Texas and many other states, which undermines the ethical usefulness of the process. We identify these shortcomings and recommend revisions to state statutes and professional guidelines to overcome them. (shrink)

Despite All Critique (2014) -- World Politics and Western Reason (1980) -- The Doubled Outsides of the Modern International (2005) -- The Subject of Security (1995) -- The Protection of Nature and the Nature of Protection (2005) -- Social Movements/World Politics (1994) -- Europe is Not Where It is Supposed to Be (2000) -- They Seek it Here, They Seek it There : Looking for Politics in Clayoquot Sound (2003) -- Violence, Modernity, Silence : From Weber to International Relations (1993) (...) -- Hobbes, Origins, Limits (2011) -- War, Terror, Judgement (2002) -- International, Imperial, Exceptional (2005) -- Which Democracy for Which Demos? (2013) -- The Political Theory of Boundaries and the Boundaries of Political Theory : Interview With Raia Prokhovnik (2012). (shrink)

A particular feature of this book is substantial "Stretch and Challenge" material throughout which allows students to develop further.

A guide for scientists who would like to contribute to the professional development of science teachers for elementary schools. Based on information from over 180 programs, describes what activities work and why, and suggests how to identify programs teachers have found to be effective and take the initial steps to become involved. Also provides vignettes illustrating the daily work of science teachers. Annotation copyright by Book News, Inc., Portland, OR.

The author has made this treatise on Madhva’s realistic school of Ved?nta philosophy convincing to the modern mind by employing western logical apparatus in substantiating Madhva’s ideas. Following the Indian classical tradition, the author has examined the validity of Advaitaved?nta, the Absolute Monism of ?a?kara and Bh?skara as P?rvapak?a, and logically proved its inconsistencies. He has then established the Dvaitasiddh?nta i.e., the Monotheistic Dualism of Madhva. He has successfully brought out the nuances of the realistic school of Indian philosophical thought (...) in this work. A Modern Introduction to M?dhva Philosophy is Prof B H Kotabagi’s posthumous publication. (shrink)

This book takes a bold new look at ways of exploring the nature, origins, and potentials of consciousness within the context of science and religion.

Load monitoring in basketball is fundamental to develop training programs, maximizing performance while reducing injury risk. However, information regarding the load associated with specific activity patterns during competition is limited. This study aimed at assessing the external load associated with high-intensity activities recorded during official basketball games, with respect to different activity patterns, playing positions, and activities performed with or without ball. Eleven male basketball players competing in the Lithuanian third division were recruited for this study. Three in-season games were (...) assessed via time-motion analysis and microsensors. Specifically, the high-intensity activities including sprints, high-intensity specific movements and jumps were identified and subsequently the external load [PlayerLoad™ and PlayerLoad™/min ] of each activity was determined. Linear mixed models were used to examine differences in PL, PL/min and mean duration between activity pattern, playing positions and activities performed with or without ball. Results revealed PL was lower in jumps compared to sprints [p < 0.001, effect size = 0.68] and HSMs, while PL/min was greater in sprints compared to jumps. Jumps displayed shorter duration compared to sprints and HSMs, with HSMs lasting longer than sprints. Jumps duration was longer in backcourt than frontcourt players. When considering activity patterns combined, PL and duration were greater without ball. Regarding HSMs, PL/min was higher with ball, while duration was longer without ball. The current findings suggest that external load differences in high-intensity activities exist among activity patterns and between activities performed with and without ball, while no differences were found between playing positions. Practitioners should consider these differences when designing training sessions. (shrink)

Both science and spirituality search for “ultimate truths.” God, the Big Bang, nirvana, the theory of evolution, relativity, quantum mechanics—these are some of the concepts that have been articulated as a result of that search. But the human capacity for exploring these ultimate sources of truth—the one thing that unites science and spirituality—is often overlooked. Embracing Mind argues (1) that science has hobbled itself by ignoring its unique source of inspiration—the mind—and (2) that the schism between science and spirituality is (...) unnecessary. In language accessible to any intelligent reader, Embracing Mind first explores the veracity of major scientific “myths,” then presents a viable science of the mind emanating from contemplative spirituality, including Hindu, Christian, Sufi, and Buddhist views. (shrink)

In this book, Yaqub describes a simple conception of truth and shows that it yields a semantical theory that accommodates the whole range of our seemingly conflicting intuitions about truth. This conception takes the Tarskian biconditionals as correctly and completely defining the notion of truth. The semantical theory, which is called the revision theory, that emerges from this conception paints a metaphysical picture of truth as a property whose applicability is given by a revision process rather than by a fixed (...) extension. The main advantage of this revision process is its ability to explain why truth seems in many cases almost redundant, in others substantial, and yet in others paradoxical. Yaub offers a comprehensive defense of the revision theory of truth by developing consistent and adequate formal semantics for languages in which all sorts of problematic sentences can be constructed. Yaqub concludes by introducing a logic of truth that further demonstrates the adequacy of the revision theory. (shrink)

This essay focuses on the theme of intersubjectivity, which is central to the entire Indo-Tibetan Buddhist tradition. It addresses the following five themes pertaining to Buddhist concepts of intersubjectivity: the Buddhist practice of the cultivation of meditative quiescence challenges the hypothesis that individual human consciousness emerges solely from the dynamic interrelation of self and other; the central Buddhist insight practice of the four applications of mindfulness is a means for gaining insight into the nature of oneself, others and the relation (...) between oneself and the rest of the world, which provides a basis for cultivating a deep sense of empathy; the Buddhist cultivation of the four immeasurables is expressly designed to arouse a rich sense of empathy with others; the meditative practice of dream yoga, which illuminates the dream-like nature of waking reality is shown to have deep implications regarding the nature of intersubjectivity; the theory and practice of Dzogchen, the 'great perfection' system of meditation, challenges the assertion of the existence of an inherently real, localized, ego-centred mind, as well as the dichotomy of objective space as opposed to perceptual space. (shrink)

The eleventh-century Byzantine compiler Cedrenus includes a unique story in the midst of his otherwise traditional and hagiographic material on the emperor Constantine. Mentioning the outbreak of war between the Roman and Persian empires, he describes the cause of the breakdown of peace somewhat as follows. A certain Metrodorus, who was of Persian origin, went to visit the Brahmins in India to study philosophy and won the reputation of being a holy man through his asceticism. He also built water mills (...) and baths, unknown to the Indians till that time. Having acquired this reputation, he entered the temples and took away many precious stones and pearls. He also received gifts from the king of the Indians. On his return to Byzantium he gave them to the emperor Constantine as being gifts of his own. When Constantine expressed his astonishment, Metrodorus said he had sent other gifts by the land route but that they had been detained by the Persians. Constantine then wrote a strong protest to Sapor demanding the gifts but received no reply; thus the peace was broken. This remarkable conte, more appropriate to the Arabian Nights than to sober history, is generally supposed to be referred to in a passage in Ammianus. Towards the end of a long section commenting on the personality and achievements of Julian, Ammianus turns briefly to the question of the ultimate responsibility for the Persian War which ended so disastrously for Julian and the Roman Empire: et quoniam eum obtrectatoribus novos bellorum tumultus ad perniciem rei communis insimulant concitasse, sciant docente veritate perspicue, non Iulianum sed Constantinum ardores Parthicos succendisse, cum Metrodori mendaciis avidius acquiescit, ut dudum rettulimus plane. (shrink)

This study explores the impact of both individual ethics (IE) and organizational ethics (OE) on ethical intention (EI). Ethical intention, or the individual's intention to engage in ethical behavior, is useful as a dependent variable because it relates to behavior which can be an expression of values, but also is influenced by organizational and societal variables. The focus is on EI in international business decision-making, since the international context provides great latitude in making ethical decisions. Results demonstrate that both IE (...) and OE influence EL Ethical congruence is also discussed as a positive influence. Younger managers are more influenced by OE than older managers. The findings call for creating governance mechanisms to enhance ethical congruence, thereby increasing the likelihood of managers making ethical choices in organizational decision-making. (shrink)

What is it to be a woman? What is it to be a man? We start by laying out desiderata for an analysis of 'woman' and 'man': descriptively, it should link these gender categories to sex biology without reducing them to sex biology, and politically, it should help us explain and combat traditional sexism while also allowing us to make sense of the activist view that gendering should be consensual. Using a Putnam-style 'Twin Earth' example, we argue that none of (...) the existing analyses in the feminist literature succeeds in meeting all of our desiderata. Finally, we propose a positive account that we believe can satisfy all the desiderata outlined. According to our theory, the genders 'woman' and 'man' are individuated not by their contemporary connections to sex biology, but by their historical continuity with classes that were originally closely connected to sex biology. (shrink)