It will be very interesting to see whether the CJEU agrees with this interpretation of recital 12 when it delivers its decision (anticipated to be April / May 2015), although I doubt that the court will do so because, aside from
some of the conceptual difficulties with opinion, it is clear that those negotiating the Brussels I (recast) did not intend to reverse West Tankers.
It is submitted, first, that the test laid down in Ben Nevis, which builds on earlier decisions of the Court of Appeal and Privy Council in Challenge, is a workable exposition of principle but one that will always be problematic in application because
of the conceptual difficulties inherent in tax avoidance and its distinction from tax minimisation.
This critique outlines a number
of conceptual difficulties and limitations with their dualistic model.
Not exact matches
There can be no doubt that God makes decisions a propos
of the disjunctive multiplicity
of eternal objects; the
difficulty is to establish in precisely what sense these divine decisions are distinguishable from the choices and calculations made by the Leibnizian deity Whitehead's dilemma seems to be this: on the one hand, the principle
of classification is to be challenged by positing the primordiality
of a world
of eternal objects that knows «no exclusions, expressive in logical terms»; on the other hand, positing pure potentiality as a «boundless and unstructured infinity» (IWM 252) lacking all logical order would seem to be precisely that
conceptual move which renders it «inefficacious» or «irrelevant.»
To resolve these
difficulties, however, Whitehead was able to introduce the «subjective aim» as one
of the
conceptual feelings
of the concrescence (T8).
The
difficulty of unraveling the elements
of futuristic and realized eschatology in the message
of Jesus stems from the fact that, far more basic for him than any
conceptual scheme
of the sequence
of events, was the fact
of God's present reality to him and for him.
Part
of the
difficulty here comes from a
conceptual confusion, the common view that justice and mercy are opposed to each other.
«Concrescence» thus offered a way in which «the complete
conceptual realization
of the realm
of ideal forms» (Religion 154) could be reintroduced, for it need not connote the
difficulty of nontemporal subjectivity.
From the standpoint
of psychology, as well as from that
of microphysics, Whitehead's
conceptual system seems to have
difficulties that may not have been apparent some years ago.6
Project 2061 produces assessment items and instruments that are effective and accurate measures
of students» understanding
of science learning goals and can be used to diagnose students»
conceptual difficulties.
These
difficulties arise because
of both
conceptual ambiguities and imperfect data.
Project 2061 produces assessment items and instruments that are effective and accurate measures
of students» understanding
of science learning goals and can be used to diagnose students»
conceptual difficulties.
The hands - on learning board and 200 full - color activity cards in the LOGiCO system provide hours
of independent, self - correcting practice in - Reading Math Science Social Studies Visual Discrimination Benefits
of LOGiCO: Offers differentiated practice at three different, color - coded levels
of difficulty Promotes learning independence, enthusiasm, and self - confidence Builds skills and
conceptual knowledge required for success in school LOGiCO Classroom Package Includes 200 Activity Cards, 6 LOGiCO Learning Boards, Skill Divider Tabs, Scope and Sequence Skills Chart, and Teacher's Notes.
Lack
of clarity, some brutal
difficulty spikes and some core
conceptual and mechanical issues with the game's absolute reliance on co-op are the only sour notes in a dark symphony
of epic action.
In conjunction with a daylong symposium exploring the
conceptual and tangible
difficulties of art in the public sphere, the University Museum
of Contemporary Art will present a juried Exhibition
of proposed public art projects that address issues
of temporality, community, place, and practice on local, national, and global levels, which will highlight the contemporary trends and new ideas in the field
of public art.
In his judgment, there were «serious
conceptual difficulties» associated with the formulation
of a wide - ranging duty to give reasons, although he chose not to elaborate in any great detail on the nature
of the
difficulties to which he referred.
«Baroness Hale, at [147] to [152], squarely faced the
conceptual difficulties inherent in the different application
of the sharing principle to short marriages but considered that, on balance, perceptions
of fairness justified it.
It is important to note that the definition
of «investment» and the
conceptual difficulties experienced by the High Court in interpreting this provision turned on the particular language
of the SADC Treaty and may not be commonly encountered.
ITO - Int» l Terminal Operators v. Miida Electronics, [1986] 1 SCR 752 at 788: «I would observe on this point that
conceptual difficulties of this nature are not a novel feature
of the common law.
Nonetheless, this approach has
conceptual appeal, as it circumvents the daunting task
of altering the entire peer group's negative response to the target child — a task
of greater
difficulty than altering the response
of one influential peer.