• Title/Summary/Keyword: impossibility

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From Cleansed to Crave: The Paradox of 'Cruelty' and Love in Sarah Kane (『정화』에서 『갈망』으로 -사라 케인의 '잔혹'과 사랑의 역설)

  • Im, Yeeyon
    • Journal of English Language & Literature
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    • v.57 no.1
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    • pp.129-146
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    • 2011
  • Despite the ubiquity of love in the work of Sarah Kane, the theme has been overshadowed by the violence that characterizes her early plays. This essay differentiates Kane from her contemporary "in-yer-face" playwrights, arguing that violence in Kane operates as a means of securing love. Antonin Artaud's concept of cruelty, often (mis)understood in a physical sense alone, provides a clue to the nature of Kane's violence and its relation to love. The essay focuses on Cleansed and Crave, both written in 1998, one about love's redemptive possibility, the other about its pure impossibility. What makes Cleansed hopeful is its violence that works as love's obstacle, creating the illusion that once it is removed love would be possible. The absence of violence in Crave on the contrary lays the illusion of love bare, making it Kane's most despairing play. Kane's oeuvre draws a trajectory of love from hope to despair; as a whole it stages the impossibility of love. To love the other requires the relinquishing of the self, making love logically impossible by depriving the verb of its subject. Love, if possible, would offer the bliss of unity, tearing out the constraint of the Symbolic Order. Kane's only alternative is death, as is expressed in Crave and 4.48 Psychosis.

Decision Support System Regarding the Possibility of Using the Reproductive Technologies Taking into Account Civil Law

  • Hnatchuk, Yelyzaveta;Hovorushchenko, Tetiana;Medzatyi, Dmytro
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.413-420
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    • 2022
  • The review of known methods and decision support systems regarding the possibility of using the reproductive technologies showed that currently there are no methods and decision support systems regarding the possibility of using reproductive technologies taking into account civil law. Although the analyzed methods and systems have great potential for use in different contexts, these methods and systems do not take into account the civil law requirements of any country. The paper has developed a decision support system regarding the possibility of using the reproductive technologies taking into account civil law, which automatically and free of charge determines the possibility/impossibility of surrogate motherhood or in vitro fertilization. If it is determined that surrogate motherhood or in vitro fertilization is impossible, the sufficiency of the information in the analyzed contract is evaluated, and the reasons for the impossibility of surrogate motherhood or in vitro fertilization are presented to the user.

Can Economic Sanctions be Grounds for Exemption under the CISG?

  • Kyujin Kim
    • Journal of Korea Trade
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    • v.26 no.5
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    • pp.88-105
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    • 2022
  • Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

A Study on the Ethics of Reproduction in Alain Resnais's Film -Focusing on , , and (알랭 레네 영화로 본 재현의 윤리 연구 -<밤과 안개>, <히로시마 내 사랑>, <뮤리엘>을 중심으로)

  • Choi, Eun-Jeong
    • Journal of Popular Narrative
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    • v.25 no.1
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    • pp.393-425
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    • 2019
  • This paper focuses on Alain Resnais's representative works (1955), (1959), and (1963), and analyzes how he implements a representation of memory though cinematic apparatus. These three films deal with horrific memories that seem impossible to reproduce aesthetically such as the Holocaust, the Hiroshima Atomic Bomb, World War II, and the war in Algeria. The reappearance of events that stripped humans of even their minimum dignity can naturally be associated with ethical issues. These events can never be reproduced because they cannot be explained in the human language. It is also impossible to reproduce in a way that doesn't invade other peoples' sufferings, nor displays the pain of others as spectacles. Alain Resnais was a director who realized that if factual representation was not possible from the beginning, truthfulness would have to be approached through cinematic form. Therefore, he tries to overcome these problems through cinematic forms. First, he shifts to action films to avoid the obscenity of documentary. shows the records of camps captured by German forces in the past, while shows the pain of others in a fictional form of representation. Next, he describes how the trauma affects the identity of the main character through a flashback in , but also shows a main character who is experiencing trauma without a flashback in Flashbacks have the effect of showing the effects of trauma on the main character, but at the same time they involve the obscenity of enjoying the suffering of others. Nonetheless, the absence of flashbacks highlights the impossibility of representation. This is because it is not silent in the impossibility of representation but is constantly approaching. The attitude that repeatedly circles around impossibility is an ethical form that maximizes the impossibility of representation. In conclusion, this is the ethics of representation that Alain Resnais showed in his films.

Voting Analysis in Political Science

  • Kim, Chang-Bum
    • Journal of the Korean Institute of Intelligent Systems
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    • v.19 no.4
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    • pp.592-594
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    • 2009
  • In this paper we consider voting analysis in the political science in connection with $B_n$(or $M_n${0, 1}), the semigroup of the binary relations on X with n elements. We also consider it in connection with $M_n$(F) (or $B_n$(F)), the semigroup of all fuzzy binary relations on X. Also we establish a possibility theorem and an impossibility theorem in voting analysis based on preferences in $B_n$ and $M_n$(F).

Several Issues regarding Article 79 (Exemption) of the U.N. Convention on Contracts for the International Sale of Goods(CISG) (국제물품매매협약(CISG) 제79조(면책)와 관련한 몇 가지 쟁점)

  • KIM, Son-Guk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.1-21
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    • 2015
  • U. N. Convention on Contracts for the International Sale of Goods (hereinafter the 'CISG' or the 'Convention') has been in force more than 37 years. The CISG responds to the need for uniform sales law. First of all, the biggest barrier against the uniformity in sales law is so-called "homeward trend". Professor Honnold, who served as secretary of UNCITRAL during the time in which the CISG was developed, pointed out the danger of "homeward trend" like this in his Article. "One threat to international uniformity in interpretation is a natural tendency to read the international text through the lenses of domestic law." CISG Article 79 is the principal provision governing the extent to which a party is exempt from liability for a failure to perform any of his obligations due to an impediment beyond his control. So-called 'Manfred Forberich' decision regarding the article 79 represents the most extreme example of what is likely the most dangerous error that tribunals applying the CISG can make. CISG Article 79 only governs impossibility of performance, and there is a controversy whether a disturbance which does not fully exclude performance, but it considerably more difficult or onerous(hardship, change of circumstances, economic impossibility) can be considered as an impediment. Unlike PICC and PECL, the CISG governs contract of sale. Therefore, events such as a sudden increase in the price of raw materials or a dramatic devaluation of currency, will not allow the seller to avoid his liability for non-delivery of the goods or to require renegotiation of the terms of the contract of sale. We should bear in mind that the CISG should be interpreted and applied in the context of the CISG itself.

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Study on Integrated Storage Systems for Automobile Production (자동차 생산을 위한 통합창고 연구)

  • Ok, Chang-Hun;Kim, Duk-Su;Gong, Jung-Su;Seo, Yoon-Ho
    • Journal of the Korea Society for Simulation
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    • v.21 no.2
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    • pp.91-101
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    • 2012
  • Automobile manufacturing consists of body-line, painting-line, and assembly-line. These production lines are disposed in series and go through a flow process, so according to the status of pre & post processing, a suspension happens in a line by a starvation(impossibility of production by insufficient supply) or blocking(impossibility of production by exceed capacity). Therefore, to prevent a loss of production coming from a starvation or blocking, a storage such as WBS or PBS is independently owned and operated. The paper suggests the simulation model of integrated storage which can operate it by integrating each storage performing a role as a buffer of line. Specifically, the paper found the answers about reasonable number of Stacker Crane and AGV(Automatic Guided Vehicle) and suggested a methodology of operation which is available to operate them. Also, it compared an efficiency between a model of current storage and integrated storage through simulation. As a result, it turned out that the model suggested in the paper was more efficient on suspension of painting-line stop than a current storage.

Review of 'Nonperformance of Obligation' and 'Culpa in Contrahendo' by Fail to Transport - A Focus on Over-booking from Air Opreator - (여객운송 불이행에 관한 민법 상 채무불이행 책임과 계약체결상의 과실책임 법리에 관한 재검토 - 항공여객운송계약에 있어 항공권 초과판매에 관한 논의를 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.113-136
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    • 2020
  • Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

Investigation about legal(civil) relationships with a carrier and a passenger (항공사와 탑승객 사이의 민사 법률관계에 관한 고찰)

  • Kim, Beom-Gu;Song, Byeong-Heum
    • 한국항공운항학회:학술대회논문집
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    • 2016.05a
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    • pp.89-94
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    • 2016
  • This paper is to investigate how each cases(recurrent cases) is to be classified and what each parties should prepare to solve their cases by civil law system and so on. We could find the increased volume (or quantity) of transportation by air recently and have to worry about the sky-rocketed cases of unfulfilled navigation management(aviation service) proportionately inevitably. So we knew that some cases of disputes are solved by unreasonable demand, unilateral concession or irrational decision without any logical or legal criterion, because both sides(passenger and carrier) do not recognize the situation correctly and have any preparation for the legal settlement. Therefore we should prepare the classification work and comprehend about the legal effect(fulfillment retardation of duty, fulfillment impossibility of duty and imperfect fulfillment in our civil law system) of each cases. We can grasp the legal relationship with a carrier and a passengers by the legal analysis more efficiently and save (or help) energy and time of concerned parties.

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Packet Analysis for Detecting Traffic Flooding Attack (트래픽 폭주 공격의 탐지를 위한 패킷 분석)

  • 원승영;구향옥;구경옥;오창석
    • Proceedings of the Korea Contents Association Conference
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    • 2003.11a
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    • pp.109-112
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    • 2003
  • A traffic flooding attack is an attack type that interfere with normal service by running out network bandwidth, process throughput, and system resource. It can be recognized intuitively by network slowdown, connect impossibility state and detected more exactly by collecting and analyzing packets that generate traffic flooding. In this paper, the packet analysis scheme is proposed for the more precise detection.

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