• Journal of Science of Art and Design
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• v.2
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• pp.222-238
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• 2000

The attempts to explain the criterion of art criticism can be divided into three directions. The first is that there is a universal criterion of criticism. The second is that criticism is a subjective impression of each critic. Therefore, there is no universal criterion beyond a subjective impression. The third is that denies both claims. It tries to and the objective criterion which is neither universal nor subjective. In this paper, I will see how John Dewey criticizes the first two theories and holds the third theory. Dewey's denial of the first theory can be seen in his view of the judical criticism. The judical criticism claims that art criticism can be made on the universal criterion, as judical decision can be made on the general rule supposed to be applicable to all cases. But Dewey claims that the judical criticism cannot explain what makes the artist the 'masters'. Defining art as an experience, Dewey claims that art is a process of doing and undergoing, and that art is essentially an interactive activity between men and his environment As environment changes, the experience of the environment also changes. So art should accept the possibility of new experience. But, since the judical criticism advocates of the universal criterion which cannot allow the changeability, Dewey denies it. On the other hand, Dewey's denial of the second theory can be seen in his view of the impressionist criticism. The impressionist criticism claims that criticism is to clarify the impression which is consisted of feeling and imagery the art object evokes. To this claim, Dewey replies that to clarify an impression is to analyze it, and analysis can proceed only by going beyond the impression to the judgement. As we have seen so far, Dewey has denied the judical criticism that there is a universal criterion supposed to be applicable to all criticism. He has also denied the impressionist criticism that there are only subjective responses to the art object, and hence that there is no criterion of criticism at all. For Dewey, these two criticism are based on the same false assumption of the criterion, although their conclusions are different from each other. Both the judical and impressionist criticism failed to realize the difference between the meaning of the criterion as applied in measurement and as used in criticism. Criticizing of these two views of criticism, Dewey claims that there is an objective criterion which is neither universal nor subjective. Art criticism is objective in tv#o senses, i. e., in the first sense that it can be judged by the properties of the art object and in the second sense that it can be verified by the communities of the critics.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.87-109
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• 2014

This article examines the regime for the recognition, enforcement and execution of arbitral awards rendered under the auspices of the International Centre for Settlement of Investment Disputes(ICSID). The effectiveness of international arbitration depends on the degree of finality of the award and the ease with which the award may be enforced by the prevailing part. The ICSID Convention provides for rigorous finality and seeks to establish optimal preconditions for the enforcement of awards in manner that distinguishes ICSID from other international arbitral regimes. As with other classes of disputes subject to judical or arbitral jurisdiction, most ICSID cases settle. In the cases that do proceed to award, participants must understand what will happen if the losing party fails to comply with the award voluntarily and the prevailing party takes the award through phases known as "recognition", "enforcement" and "execution". Investors should assess possible execution before finalizing investments and certainly before they initiate collection proceedings on ICSID awards. An investor with a monetary award in hand should attempt to locate assets of the losing State and then obtain comparative law advice to identify jurisdictions that allow attachment of at least certain categories of sovereign assets.

• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.53-75
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• 2008

The end of life problem in the United States has been evolved from the development of concept of brain death over last 50 yr. The invention of ventilator and the development of emergency medicine also played a key role to elongate the end stage of life and which caused the American people to ask a question about the patients self determination and refusing the unwarranted medical treatment in the view of the death with dignity. With regard to the patient unable to self determination, surrogate decision was also considered. To guarantee the self determination, The patient self determination act also enacted on the level of Federal regulation in 1990s. But no law has effectively dealt with the situation when medical treatment became futile. Along with the significant debates on literature and court cases. The American Medical Association's Council on Medical and Judical Affairs presented formal opinion and the Texas was the first states to regulate the medical futile situation in 1999. Even though that definition was in controversy, the concept of medical futility mainly focused on the doctors' right to refuse the treatment.

• Journal of Digital Convergence
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• v.18 no.2
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• pp.121-126
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• 2020

This paper reviews the amend of the School Violence Act. The School Violence Act was introduced in 2004 and it has revised several times since then. However, the latest revision in 2019 was important and meaningful. The Act began to get a stance of educational approaches to school violences. It has more emphasized to deal with school violence in the perspective of educational approach. For example, the newly revised School Violence Act allows principles of schools to deal with school violence cases in a condition of minor violence cases when victim students and parents agree with. This is an impressive change. The School Violence Act is still on going change and it should be changed more educational perspectives to deal with school violences.

• International Commerce and Information Review
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• v.16 no.4
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• pp.125-150
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• 2014

The number of dangerous goods are increasing in maritime transport. As a result, a number of nations and international organizations are establishing or amending the rules of dangerous goods. There is necessarily the transport of dangerous goods like fuel and the importance of the definition and scope of the goods is increased. In addition, the responsibility between the parties is different with the notification of the goods and its awareness of transporters. In particular, responsible clauses of the transport rule show antithetical concepts between the scope of immunity and the responsibility of a shipper concerned with wether transporters aware. This research performs two works. First, this research analyzes the definitions and scope of dangerous goods through prior research. Second, this research suggests the necessary of united interpretation of the articles through a comparative analysis on judical decisions concerned with awareness of transporters to dangerous goods. Dangerous goods have a distinctive feature and that is why responsibility and immunity between parties should be differently interpreted with general rules. Parties have duty concerned with faults on general goods and the scope of duty between parties can be specifically made. However, if there is no specific articles concerned with responsibility between parties to dangerous goods, they could confuse the responsibility on duties concerned with risk. Therefore, this research suggests solutions and necessary of the united criteria for the articles to dangerous goods through analyzing precedent cases.

• Korean Journal of Forensic Psychology
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• v.11 no.3
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• pp.329-347
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• 2020

When a person suggests an estimate under uncertainty, (s)he tend to rely on the information and number provided in advance. As a result, their final estimate would be assimilated to the initial value. This phenomenon is called "anchoring effect". The present research examined anchoring effects observed in law courts. Sentencing decision of jurors can be influenced by the sentence demanded by the prosecutor. Specifically, this study demonstrated the condition in which anchoring effect would be stronger and practical solutions for lowering anchoring effect. Study 1 demonstrated whether gravity of criminal cases and levels of anchor influenced anchoring effects. As expected, anchoring effect was stronger in a heavier criminal case than in a lighter one. When a low anchor was provided in a lighter case, anchoring effect was stronger compared to when a high anchor was provided. Study 2 examined how emotion affects anchoring effects. The results showed that anchoring effect appeared to be significantly stronger with feelings of anger than of sadness. Study 3 examined the solution for reducing anchoring effects in a court. When activation of selective-accessibility model was prevented, anchoring effects significantly decreased. These results can help solve the problems about juror judgmental bias and contribute to the development of Korean jury trial.

• Korea Trade Review
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• v.42 no.1
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• pp.69-97
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• 2017

This study purpose to examine the importer's risks that may arise from origin investigation by Customs authorities. We have drawn the important factors affecting the application of FTA preferential tariffs and divided the stages from the conclusion of the contract for the importer to the undergoing origin investigation. In addition, we demonstrate empirically that the risks that arise in areas where importers are difficult to control exist. As a management method of the uncontrollable risk from the importer, we have provided the methods that the seller stipulated the seller's responsibility in the trade contract, prepared for situations in which no one was responsible, and formulated a friendly and cooperative supply chain. Even if the seller's liability is clarified in the contract for sale, the risk of the investigation into the origin of the imported goods is not completely eliminated. This is because, under the current agreement and system, there is no way for the customs authority of the contracting party of the FTA to claim compensation for damages incurred by importers due to breach of agreement such as not returning the result of the origin verification. Importers are subject to customs duties, but there may actually be situations in which no one is responsible for them.