جستجوی مقالات مرتبط با کلیدواژه « unpredictability » در نشریات گروه « علوم انسانی »

In this article, the conditions and effects of the force majeure in the amendments to the French Civil Code adopted in 2016, in order to use the solutions of the French legislature to eliminate the shortcomings of the Iranian legal system have been studied by descriptive-analytical research method. The main question is what are the conditions and characteristics of the force majeure and what is the criterion for distinguishing them, either personal or relative, and what effect does force majeure have on contracts, contractual obligations and contractual liability? A comparative study of Iranian and French law shows that the inevitability (impossibility of eliminating and repelling the accident) and the unpredictability of the accident, with a kind of relative criterion, and also the impossibility of executing the contract, with an objective criterion, are conditions for the realization of force majeure; But the externality of the accident is not an independent condition and refers to the same impossibility of preventing the accident (not being avoidable). Also, contrary to French law, the Iranian legislature did not anticipate the effects of the force majeure on the contract itself and the contractual obligations, and the effect of force majeure on contractual liability was also incompletely stated, which has led to differences between judicial decisions. Therefore, it is suggested that the legislator, in the form of a Civil Act amendment plan, in Article 227 stipulates the conditions for the realization (characteristics and criteria of distinction) of force majeure and in Article 229, the effects of force majeure on the contract and contractual obligations and compensation for non-implementation or Specify the delay in fulfilling the obligation.

Game of Thrones is the first book of Song of Ice and Fire series by American author George Raymond Richard Martin; a fictional-epic story set in the realm of Westeros. The main line of story is the struggle and war to reach the Iron Throne, during which several other stories are born. What distinguishes its plot is the existence of chaos in the system of government that seeks a unified leadership over this chaotic world. This research traces Nancy Katherine Hayles and Edward Lorenz’s chaos theories in the novel–as a complex and chaotic system—, shows various forces that dominate time, place, and characters who make the end of the story unpredictable. It shows the "Butterfly Effect" in the story, and since events in the history of this complex system are repeated, the role of “Fractals” is identified. The researchers show the structure of this novel is full of chaos and disorder and the author tries to create order from these irregularities.Background of the Study: A collection of analytical readings edited by James Lowder on Song of Ice and Fire entitled Beyond the Wall (2012) examines Martin’s fantasy collection. This anthology provides a way to explore Martin’s multifaceted world. Moreover, different works have been conducted on the series from romanticism to psychological reading. However, there is not a single work from chaos perspectives. Therefore, the present research can fill the existing gap in these fields. This research reads Martin’s Game of Thrones through an interdisciplinary method based on Catherine Hayles and Edvard Lorenz’s theories of chaos. Martin’s works are implicitly chaotic in nature; the narrative forms problematize the linear structure and coherence presenting multiplicities of point of views that serve to augment individual insights, a carefully crafted and cohesive drama about the prevalence of disorder in life. The other major concepts of chaos like “Butterfly Effect” and “Fractals” which are overarching patterns, probable and possibly deterministic but not predictable, lied underneath the texts. The researchers aim to apply the principles of the chaos theory to the novel and explore the changing nature of this system in which truth, precision, and predictability cannot be obtained. Reading Game of Thrones—having a non-linear history, full of complexity, entanglement of stories and variety of characters—based on chaos theory facilitates a more complex understanding of the oeuvre. Westeros’ chaotic world with its protective Wall functions as a closed system. However, chaos is an inevitable phenomenon that takes place due to reliance on the initial condition. Based on the “Butterfly Effect”, the smallest change in the system can cause the greatest events. Westeros is full of unpredictabilities in which consequences surprise the characters and the existence of “Fractal” adds to the complexity of chaos. History repeats itself with the same pattern for the characters; they are living in a deterministic system in which their destinies have already been decided through complex relationship.

The theory of unpredictability originated in French law and has undergone a historical transformation. This theory considers changes in the terms and conditions surrounding contracts. In principle, the parties to a contract declare their wills after considering all matters related to the subject-matter of the contract, and it is their intention not only to take account of the current circumstances, but also to foresee future changes and possible developments. However, the process of fulfilling obligations may be hampered by the occurrence of unpredictable events. In this situation, two scenarios are conceivable: the implementation of obligations may be practically impossible, or it may entail excessive financial costs. The first type is known as force majeure while the second is the subject of the theory of unpredictability, where negotiation to modify the contract is suggested as a solution.In its recent amendments to the Civil Code, the French legislature, while accepting the theory of unpredictability, gives the judge an unfettered discretion for the modification or dissolution of contracts. Article 1195 of the French Civil Code is intended to recognize, as a rule, the modification of contracts in the event of unpredictable conditions that makes performance difficult. This legislative measure has realized one of the aspirations of lawyers because the judicial procedure, and the judge in particular, have not been able to change the contracts, and on the other hand, if such an action is permitted, the security of legal and economic relations in a society will be in danger. French judges, however, now have the necessary authority to modify contracts as a matter of enforcing the rule of law. The law speaks of the difficulty of fulfilling obligations, but does not provide specific criteria for it. It might have been found impossible to suggest criteria because the difficulty of fulfilling obligations varies from one contract to another, and it is the judge that, by examining the surrounding elements and by obtaining expert opinions, can conclude whether there has been difficulties in implementing the contract.In Iranian law, the need to provide for  a modification mechanism is more pressing now after the imposition of unilateral sanctions on international contracts as well as severe economic instabilities due to a variety of factors including the COVID pandemic. Due to the lack of specific legal provisions on contract modification, the courts decide about the modification according to the spirit of the law, general legal principles and the implicit agreement of the parties. Judges of Tehran courts have recently discussed the implementation of continuous contracts affected by the COVID in their meetings, and it has been suggested that if the conditions of force majeure are met, the party in failure should be exempted from the obligations and the compensations provided for the breach in the law or in the contract. The fact that the National COVID Committee has decided to allow the extension of lease agreements with a limited authority being conferred on the lessor to adjust the rent also indicates that the theory of unpredictability is not alien to the Iranian legal system.This article, using descriptive-analytical method, and taking into account the differences in the sources of law between the legal systems of Iran and France, will examine the legal nature of this institution and distinguish it from others. It will address the question whether the proposed solutions contribute to the economic dynamism of the contract law and will conclude that the contract has several economic and legal effects for the parties and these effects are long-term, so the need to modify the contract is paramount. On the other hand, considering that Iranian law is in many ways inspired by French law, this legal system is amenable to this theory on the basis of its general legal principles, although no specific legal text expressly upholds it.

Quantum Mechanics is the revolutionary theory that changes the structure of human thinking. From Einstein up to now , however , with its enormous successes in the world, there are many scientists that opposed it and denyed it as a complete theory . One of the ways to question the completeness of this theory is to use Gödel’s incompleteness theorems. Kurt Gödel, in his Ph. D. studied and just after working on the Hilbert’s completeness and consistency program in the formal systems, proved two important theorems which are known as the Gödel’s incompleteness theorems . These theorems deny Hilbert’s programs and the completeness of the formal system. Generalizing these theorems to the quantum theory is an over decades challenge in the foundations of physics. In this Paper , we explain the problem and we will discuss and critrize the possible usage of the Gödel’s incompleteness theorems on the quantum mechanics.

Today's situation is a full-blown mirror of the impact of verbal and non-verbal actions and an honest account of the historical and intellectual state of each set, system, or structure. The dialectical combination of the present with the existing system of analysis and deliberation can open a new horizon for us in order to draw and define the path of movement in a more qualitative and purposeful way. "Situation" is a special concept to refer to general examples such as (threat, power, knowledge of the environment, will affecting the environment, etc.). Therefore, this concept is among the literature on the control and management of affairs in various fields and levels that is widely used. The bottom line is that what is now called the situation / state of uncertainty is or will be profoundly changing many concepts and paradigms that have long been widely accepted for cognition, analysis, and deliberation. The results of this paper show that the consequences of this situation can cultivate a wide range of micro and macro threats and the features inherent in it, disrupt or even paralyze the system of analysis and management. From a macro perspective, the need to abandon the new system of thought and function and shift the direction of strategic thinking from an outdated structural relationship to a bold and innovative approach that ensures the active reliability of the system and the internal environment in the struggle of all uncertainties that are the main element of environmental relations. ; It is inevitable

Belief in substantial movement and in another words fluidity of the world, is one the most significant beliefs of Mullasadra’s worldview. This belief has a vast influence on our morality and mind as humans. If someone believes in substantial movement, every domain of their mind will be widely impressed. This paper aims to study the impacts of belief in substantial movement on human mind’s doxastic and cognitive domain. To achieve this purpose phenomenological approach is enlisted and the title is discussed with an intuitive and introspective methodology. The most important impact of mentioned belief on human mind’s cognitive dimension is on people’s view of their selves and the world, at first. The world won’t be a finished sustainable substance anymore in such people’s point of view but the world is becoming over and over, humans also have dynamic identities and they are building their identities in every second. The second point that gets reinforced as a result of the process of seeing self and the world and affects emotions and feelings strongly, is the belief in unpredictability and uncertainty of the world and human.

All theorists and researchers on revolution are unanimously of the opinion that the occurrence of Islamic Revolution in Iran imposed heavy shock on all observers and analysts from the journalists and diplomats to Iranian thinkers and researchers of revolutions and social movements. On this basis, a question comes forth, i.e. how come the Islamic Revolution in Iran has immensely shocked and astonished all – including key players, expert regional observers, and revolution specialists in social and political sciences? In response to this question, some scientists of social and political sciences have made clarifications and presented explanations to say why the Islamic Revolution was unpredictable. In this study, authors have tried to explain about three major clarifications on unpredictability of the Islamic Revolution. Each of these clarifications has founded its reasoning chiefly on a key factor, and has accordingly presented a clarifying model for this astonishment: The Social Consequences of Preference Falsification by Timur Kuran; Chaos in the Process of Revolution by Nikki Keddie; and The Unthinkable Revolution in Iran by Charles Kurzman. The quality of making each clarification has been reviewed in detail by each researcher.