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Topic: Necessity


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  NECESSITY - LoveToKnow Article on NECESSITY   (Site not responding. Last check: 2007-11-07)
In ordinary language the conception of necessity is rendered meaningless by being referred to the present or even to the past.
A current definition of necessity is the state which cannot be otherwise than it is. Such a definition tells us nothing.
When we are acting under physical or mathematical or logical or moral necessity we are so far precluded from spontaneous actionin common phrase, we can do no otherwisethough the causes of constraint may be of very different tdnds.
50.1911encyclopedia.org /N/NE/NECESSITY.htm   (319 words)

  
 Necessity - Wikipedia, the free encyclopedia
In criminal law, necessity is a possible excuse for breaking the law.
Defendants who use this defense are arguing that they should not be held liable for a crime, since the actions taken were, for some reason or other, "necessary".
Other courts have ruled, in cases where the eaten individual had died of "natural causes" and starvation was an issue, that cannibalism was acceptable.
en.wikipedia.org /wiki/Necessity   (423 words)

  
 CATHOLIC ENCYCLOPEDIA: Necessity
Necessity, in a general way denotes a strict connection between different beings, or the different elements of a being, or between a being and its existence.
It is a metaphysical necessity for God to be infinite, man rational, an animal a living being.
Moral necessity is necessity as applied to the activity of free beings.
www.newadvent.org /cathen/10733a.htm   (1036 words)

  
 Legal Definition of Necessity
NECESSITY - In general, whatever makes the contrary of a thing impossible, whatever may be the cause of such impossibilities.
Whatever is done through necessity, is done without any intention, and as the act is done without will, and is compulsory, the agent is not legally responsible.
The cases which are justified by necessity, may be classed as follows: For the preservation of life; as if two persons are on the same plank, and one must perish, the survivor is justified in having thrown off the other, who was thereby drowned.
www.lectlaw.com /def2/n044.htm   (282 words)

  
 Crimes Of War Project > The Book
Military necessity is a legal concept used in international humanitarian law (IHL) as part of the legal justification for attacks on legitimate military targets that may have adverse, even terrible, consequences for civilians and civilian objects.
The concept of military necessity acknowledges that even under the laws of war, winning the war or battle is a legitimate consideration, though it must be put alongside other considerations of IHL.
In the course of hostilities, these rules impose significant restraints on the conduct of law-abiding forces, but those forces may be able lawfully to invoke military necessity where their very survival or the requirements of winning the conflict are at stake.
www.crimesofwar.org /thebook/military-necessity.html   (573 words)

  
 Medical Necessity
Medical necessity is an ambiguous term which cannot be easily defined, but rather, it must often be applied to facts in order to understand its meaning.
Although her initial breast implants were not paid for by Medicaid because they were not a medical necessity, their replacement after one had developed a leak and had to be removed.
This contract approach to defining medical necessity is partly to blame for the confusion in its definition because everybody is working under a similar yet very different definition.
www.usd.edu /elderlaw/student_papers_f2003/medical_necessity.htm   (2857 words)

  
 Medical Necessity Defense - NORML
The medical necessity defense is usually grounded in either a state's common law or general necessity defense statute.
In the medical necessity context, courts must balance the interest of an individual in his or her health and welfare against the government's interest in upholding the criminal law.
The court noted that a necessity defense is generally available only when the physical forces of nature cause the accused to take unlawful action to avoid harm which social policy deems greater than that which results from a violation of the law.
www.norml.org /index.cfm?Group_ID=3410   (1606 words)

  
 NECESSITY - Definition
[n] anything indispensable; "food and shelter are necessities of life"; "the essentials of the good life"; "allow farmers to buy their requirements under favorable conditions"; "a place where the requisites of water fuel and fodder can be obtained"
The extreme poverty and necessity his majesty was in.
What was once to me Mere matter of the fancy, now has grown The vast necessity of heart and life.
www.hyperdictionary.com /dictionary/necessity   (198 words)

  
 SUMMA THEOLOGICA: Does the will desire something of necessity?
This is called "necessity of end," and sometimes also "utility." On the part of the agent, a thing must be, when someone is forced by some agent, so that he is not able to do the contrary.
But necessity of end is not repugnant to the will, when the end cannot be attained except in one way: thus from the will to cross the sea, arises in the will the necessity to wish for a ship.
Indeed, more than this, for as the intellect of necessity adheres to the first principles, the will must of necessity adhere to the last end, which is happiness: since the end is in practical matters what the principle is in speculative matters.
personal2.stthomas.edu /jdkronen/st821.htm   (726 words)

  
 Medical Necessity
According to the carrier, the medical necessity criteria includes any treatment which (1) is generally accepted by other medical practitioners for the treatment of that condition; and (2) is provided at the lowest level of care which ensures the insured party’s safety; and (3) must not be experimental.
The referring doctor agreed to write a letter of medical necessity for the treatment in which he carefully outlined the failure of previous, less aggressive treatment.
Ask the carrier to provide you with the policy definition of medical necessity as well as the name and clinical background of the person who performed the initial review so that you may address the adequacy of this information in your appeal.
www.appeallettersonline.com /int_medical-necessity-case-study.htm   (943 words)

  
 SUMMA THEOLOGICA: Does the will desire anything of necessity?
And to these the intellect assents of necessity, when once it is aware of the necessary connection of these conclusions with the principles; but it does not assent of necessity until through the demonstration it recognizes the necessity of such connection.
The mover, then, of necessity causes movement in the thing movable, when the power of the mover exceeds the thing movable, so that its entire capacity is subject to the mover.
And therefore it is not of necessity moved by it.
www.newadvent.org /Summa/108202.htm   (720 words)

  
 Ways of Necessity; Special Ways; Pedestrian Malls2001
(1) A way of necessity may not be established under ORS 376.150 to 376.200 across land owned by the state or a political subdivision of the state without the consent of the governing body of the political subdivision or of the appropriate agency of the state.
(2) A way of necessity established under ORS 376.150 to 376.200 shall not be altered or vacated except by the governing body of the county in which it is located and in a manner provided by law for the alteration or vacation of a public road.
Land for which a way of necessity is established under ORS 376.150 to 376.200 shall not be subsequently partitioned without the approval of the city or county governing body which has partitioning authority.
www.savinggraves-us.org /or/laws/376.htm   (7546 words)

  
 MainFrame: Necessity and Contingency
Four examplary propositions are presented, one for each kind of necessity considered, and one which is unequivocally contingent.
Finally we consider the relationship between necessity and possible worlds, showing the conception of possible world which corresponds to each of our notions of necessity.
Restricting the notion of possible world to interpretations which are consistent with the intended meaning of abstract constants yields a more general notion of necessity which fits better with both the analytic and the a priori.
www.rbjones.com /rbjpub/philos/logic/019.htm   (820 words)

  
 The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and the notion of ...
Imperative military necessity may be established only by the officer commanding a force the equivalent to a battalion unless the circumstances of the military engagement do not allow this.
Imperative military necessity may be established only by the officer commanding a force the equivalent of a battalion unless the circumstances of a military engagement do not allow it and, if possible, a warning shall be communicated to the opposing Party in a reasonable time in advance.
Unavoidable military necessity may be established only by the officer commanding a force the equivalent of a division and a warning shall be communicated to the opposing Party in a reasonable time in advance.
www.icrc.org /Web/eng/siteeng0.nsf/iwpList260/FF7F81319B1F96DAC1256B66005D8A96   (3799 words)

  
 Chance and Necessity (Jacques Monod) - book review
For some reason it doesn't seem to be very well known (at least in the English-speaking world), perhaps because it is not, like the works of Dawkins or Gould, really aimed at a popular audience, and perhaps because of the slightly unfamiliar language and approach that mark it as French in origin.
Chance and Necessity will be enjoyed by anyone of a philosophical bent interested in the fundamental questions of human existence, with the proviso that they should have at least a basic knowledge of biology.
And of course those with an interest in biology may want to read Chance and Necessity just for that — Monod did win a Nobel prize for his work in biochemistry, and his perspective on the subject is sufficiently distinctive to be worth putting up with some philosophy for.
dannyreviews.com /h/Chance_and_Necessity.html   (795 words)

  
 Medical Necessity in Private Health Plans - Table 1. Medical Necessity Definitions in Published Literature, National ...
The authors present three models for defining medical necessity and argue a defensible rationale for the "normal" model, which comprises a target of a medically defined deviation intended to decrease the impact of disease or disability.
Health necessity would be based on three broad fundamentals: uniform qualifications for practitioners, acceptable professional identities, and competence; criteria for the kinds of services that would be provided and covered; and a fair mechanism for resolution of disputes about questions of service coverage.
The determination of medical necessity must be made on an individual basis and must consider the functional capacity of the person and those capacities that are appropriate for persons of the same age or developmental level and available research findings, health care practice guidelines, and standards issued by professionally recognized organizations or governmental agencies.
www.mentalhealth.samhsa.gov /publications/allpubs/SMA03-3790/table01.asp   (1161 words)

  
 Medical Necessity Legislation   (Site not responding. Last check: 2007-11-07)
As a result, medical necessity is a term of contract, not a term of law.
There is not any venue of record, not even external appeal, that is able to overturn a medical necessity denial that the insurer can support with even just a scintilla of evidence, no matter how great the evidence in support of the claim.
Currently patients are misled into believing that all the benefits and exemption to their plans and the criteria for benefit payment have been disclosed to them are therefore, on the up and up.
www.healthlobby.com /statement.htm   (433 words)

  
 McSweeney's Internet Tendency: Necessity Is the Mother of Invention
Necessity is the mother of Invention, and, as everybody knows, a skinny woman named Poverty is the mother of Necessity.
Invention was planted in Necessity's belly by Inspiration, one of a significant number of wandering men who, years ago, came through the town on the trains.
Stipulation told Necessity that her daughter was unseemly, that she put on airs and shouldn't be permitted to show off.
www.mcsweeneys.net /2002/05/08necessity.html   (740 words)

  
 Medical Necessity in Private Health Plans - State Law Regulation of Medical Necessity, National Mental Health ...
This effort to define medical necessity by statute is relatively recent and tracks the growth of (and backlash against) managed care.
In States that regulate the definition of medical necessity under their insurance content statutes, the IRO presumably would be guided by this definition.
Among States that do not have a definition of medical necessity in their insurance laws but that have enacted IRO statutes, seven include a definition of medical necessity in the IRO statute itself.
www.mentalhealth.samhsa.gov /publications/allpubs/SMA03-3790/content05.asp   (1537 words)

  
 World of Quotes - Necessity Quotes
Feigned necessities, imaginary necessities, are the greatest cozenage men can put upon the Providence of God, and make pretences to break known rules by.
Necessity is the mother of invention, it is true -- but it's father is creativity, and knowledge is the midwife.
Necessity may be the mother of invention, but play is certainly the father.
www.worldofquotes.com /topic/necessity   (704 words)

  
 09/97 - The Laboratory, Physicians, And Medical Necessity: Making Sure Your Lab Is in Compliance   (Site not responding. Last check: 2007-11-07)
Medical necessity has always been an important consideration for physicians in caring for their patients.
By adopting medical necessity regulations, HCFA intends to limit diagnostic test ordering to the attending or consultant physician who is actually treating or managing a patient's specific problem.
The laboratory should never assign medical necessity codes or reassign the codes for the sole purpose of assuring reimbursement (code jamming), as these are fr audulent activities.
www.aacc.org /cln/features/97features/sep97feat.html   (2583 words)

  
 Lenin: 1908/mec: 6. Freedom and Necessity   (Site not responding. Last check: 2007-11-07)
‘Necessity is blind only in so far as it is not understood.’ Freedom does not consist in the dream of independence from natural laws, but in the knowledge of these laws, and in the possibility this gives of systematically making them work towards definite ends.
Secondly, Engels does not attempt to contrive “definitions” of freedom and necessity, the kind of scholastic definition with which the reactionary professors (like Avenarius) and their disciples (like Bogdanov) are most concerned.
We do not know the necessity of nature in the phenomena of the weather, and to that extent we are inevitably slaves of the weather.
www.marxists.org /archive/lenin/works/1908/mec/three6.htm   (2028 words)

  
 Chance, Providence and Necessity by Rudolf Steiner, A Review by Bobby Matherne
The objective outcome of subjectivity takes on a necessity that cannot be denied, and necessity enters the picture to the degree that the subjective is transformed into the objective.
And it is just those individuals who garner knowledge from the spiritual world who are aware what a matter of grace such knowledge is when they have prepared themselves to receive it, when their being reaches out to receive what flows to them from the spiritual world.
Necessity in the form of the past is like history, the content of the historical record.
www.doyletics.com /arj/cpanrvw.htm   (5557 words)

  
 Necessity and Freedom by Rudolf Steiner
The past is of the realm of necessity and the future of the realm of freedom.
Only because it is past, because what developed in Saturn, sun, and moon has come to us in the same way as our childhood thoughts continue to work in us, the thoughts of the gods during Saturn, sun, and moon continue their existence on earth.
This is what the third teacher did: surrendered to the spirit of becoming, and unlocked by earlier predictions made egotistically from the past, this teacher was able to work the past into the present of the pupils and combine it in freedom to achieve outstanding results.
www.southerncrossreview.org /13/necessity.htm   (6708 words)

  
 Research for Medical Necessity Legislation   (Site not responding. Last check: 2007-11-07)
In the 1970s, before the advent of managed care, the term medical necessity came into use in insurance contracts in order to exclude care, such as voluntary hospitalization and surgery, that was prescribed primarily for the convenience of the provider or the patient.
Because the medical necessity debate is usually over the discretion to construe or interpret contract terms, there is very little discussion about the meaning of medical necessity, or appropriate criteria for its determination.
This legislation would define "medically necessary care" and "medical necessity" in statute according to criteria that is reasonable, global, patient-based, duly deferential to the judgment of the treating physician, and most of all, fair.
www.healthlobby.com /billrpt.htm   (3534 words)

  
 Background of the Conflict - Fort Necessity National Battlefield
he confrontation at Fort Necessity in the summer of 1754 was the opening battle of the war fought by England and France for control of the North American continent.
The action at Fort Necessity was also the first major event in the military career of George Washington, and it marked the only time he ever surrendered to an enemy.
Washington and his Virginians spent most of June opening a road from Fort Necessity to Gist's Plantation, a frontier settlement in the direction of the forks of the Ohio.
www.nps.gov /fone/fonehist.htm   (1043 words)

  
 Medical Necessity Reviews for Non-availability Statements (NASs)
In a Health Affairs memorandum dated June 6, 1994 (Attachment 1), the Services were directed to conduct medical necessity reviews on one hundred percent of all requests for care requiring non-availability statements (NASs).
Therefore, it is necessary to establish a process which 1) is appropriate for determining medical necessity of requested care and 2) affords providers and beneficiaries due process in appealing adverse decisions.
Medical necessity reviews for obstetrics admissions related to delivery are not required; these are presumed medically necessary.
www.ha.osd.mil /policies/1995/nas.html   (875 words)

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