Pluralism in European Private Law

2018 ◽  
Vol 20 ◽  
pp. 202-232
Author(s):  
Vanessa MAK

AbstractThis article takes stock of legal pluralist thinking in European private law. In which ways have existing theories brought forward our understanding of lawmaking in European private law? Central to that debate are the competing rationalities of EU internal market law, on the one hand, and national, juridical systems of private law on the other hand. An analysis of norms, processes, and actors involved in lawmaking in European private law reveals a field that has matured, but that is now at the threshold of a re-evaluation and potentially a transformation in lawmaking from ordered to strong legal pluralism, with a greater role for private regulation.

2018 ◽  
Vol 18 (2) ◽  
pp. 208-217
Author(s):  
Tekla Papp

Abstract The state can be an actor in Hungarian private law in several ways: on the one hand, by its organs (e.g. the Office of the National Assembly, ministries), on the other hand, by the organs of public law the state creates (e.g. budgetary organs), thirdly, through business associations operating with the participation of the state, fourthly, exceptionally, the state itself can also act as a subject of private law. In this study we call the attention to that the terminology used in case of business associations operating with state/local government participation is not sustainable and we focus on some issues where the private and public law discrepancy can be found in Hungary.


Grotiana ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 69-82
Author(s):  
Bart Wauters

Abstract This article compares the views of Grotius and subsequent authors on the doctrines of necessity and strict liability. This comparison takes place at two levels. On the one hand, there is a comparison of the views of Grotius with those of Pufendorf, Smith, Kant and recent Kantian authors. On the other hand, there is a comparison between the doctrines of necessity and strict liability. This exercise leads to the conclusion that strict liability does not have to be a mere matter of choice opted for by positive law, but in some instances can also be thought of as a requirement of a private law framework expressing the fundamental moral equal freedom of man.


Author(s):  
Stefan Krause ◽  
Markus Appel

Abstract. Two experiments examined the influence of stories on recipients’ self-perceptions. Extending prior theory and research, our focus was on assimilation effects (i.e., changes in self-perception in line with a protagonist’s traits) as well as on contrast effects (i.e., changes in self-perception in contrast to a protagonist’s traits). In Experiment 1 ( N = 113), implicit and explicit conscientiousness were assessed after participants read a story about either a diligent or a negligent student. Moderation analyses showed that highly transported participants and participants with lower counterarguing scores assimilate the depicted traits of a story protagonist, as indicated by explicit, self-reported conscientiousness ratings. Participants, who were more critical toward a story (i.e., higher counterarguing) and with a lower degree of transportation, showed contrast effects. In Experiment 2 ( N = 103), we manipulated transportation and counterarguing, but we could not identify an effect on participants’ self-ascribed level of conscientiousness. A mini meta-analysis across both experiments revealed significant positive overall associations between transportation and counterarguing on the one hand and story-consistent self-reported conscientiousness on the other hand.


2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.


2003 ◽  
pp. 15-26
Author(s):  
P. Wynarczyk
Keyword(s):  
The Core ◽  

Two aspects of Schumpeter' legacy are analyzed in the article. On the one hand, he can be viewed as the custodian of the neoclassical harvest supplementing to its stock of inherited knowledge. On the other hand, the innovative character of his works is emphasized that allows to consider him a proponent of hetherodoxy. It is stressed that Schumpeter's revolutionary challenge can lead to radical changes in modern economics.


2018 ◽  
Vol 4 (1) ◽  
pp. 67-84
Author(s):  
Wahyudin Noor

Abstract Pesantren are often associated with backwardness and traditionalism in everything: facilities, technology, learning methods, and even the curriculum. For now, it seems like the traditional term for pesantren is no longer relevant enough. The pace of movement in the era of renewal marked by the rapid development of technology has demanded pesantren to make adjustments. However, on the one hand, when viewed from the direction of change, the reform efforts pursued by pesantren are not to erase the old tradition, but merely to add something new so that the old tradition and conditions can be maintained while accepting the presence of a new one. On the other hand, the reform efforts undertaken by pesantren have implications for the fact that the typical values of the pesantren are fading away. Abstrak  Pesantren seringkali diasosiasikan dengan keterbelakangan dan tradisional dalam segala hal: fasilitas, teknologi, metode pembelajaran, dan bahkan kurikulumnya. Untuk saat ini, sepertinya istilah tradisional untuk pesantren, sudah tidak lagi cukup relevan. Laju gerak pembaharuan zaman yang ditandai dengan pesatnya perkembangan teknologi telah menuntut pesantren untuk melakukan penyesuaian diri. Kendatipun demikian, di satu sisi, jika dilihat dari arah perubahan, upaya pembaharuan yang ditempuh pesantren tidaklah untuk menghapus tradisi yang lama, tetapi sekadar menambah dengan sesuatu yang baru sehingga tradisi maupun kondisi yang lama bisa dipertahankan sambil menerima kehadiran yang baru. Di sisi yang lain, upaya pembaharuan yang dilakukan pesantren ternyata berimplikasi pada kenyataan akan semakin pudarnya nilai-nilai khas yang dimiliki oleh pesantren.


2018 ◽  
Vol 1 (1) ◽  
pp. 37-52
Author(s):  
Karimatul Khasanah
Keyword(s):  

BASYARNAS’s verdict in resolving dispute can be negotiated or cancelled by submitting nullification to the Religious Court if the parties or one of them felt dissatisfied with the BASYARNAS verdicts. This case is important to be reviewed academically because of its paradox and ambiguity. On the one hand the decision is final and binding, but on the other hand it could be cancelled through the Religious Court. If the BASYARNAS verdicts really want to be final and binding, the nullification of the verdicts should be abolished. It can be replaced by an amendment of the verdict submitted to BASYARNAS and handed back to the arbitrator (arbitrator panel) who handles the dispute. Apart being fast and confidential, the arbitrator (judge) is more aware of the case, the reasons, evidences and witnesses of the dispute.


2020 ◽  
Vol 65 (4) ◽  
pp. 401-422
Author(s):  
Estelle Variot
Keyword(s):  
The One ◽  

"Etymological, Lexical and Semantic Correspondences in the Process of Feminization of Professional Names, Trades and Activities in French and Romanian Societies. The feminization of thought represented by language and of its varieties in the Roman World has allowed to highlight some convergences that come from a common linguistic heritage, often from Greek and Latin and some hesitation about adapting society to its realities. The feminization of some words which comes from an ancient process illustrates on the one hand the potential of the language and on the other hand some constraints sometimes linked to the society itself, which creates transitional periods, between matching grammatical correction and the evolution of linguistic uses over time. The possibilities of lexical enrichment (internal creation or loan) show the means available in French and Romanian and some convergences in the area of derivation, of lexical units and their etymologies. The grammatical perspective and word constructing methods make it possible to give keys for the feminization of names of trades or professions. Likewise, recording entries in the lexicon, their evolution, their assimilation or sometimes their forgetfulness, for the benefit of new constructions highlight the existence of objective and subjective criteria which teach us a lot about society as a whole. Keywords: feminization of professions, internal and external enrichment, suffixal match, use of words, grammar, lexicon, French and Romanian."


Imbizo ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Naomi Epongse Nkealah ◽  
Olutoba Gboyega Oluwasuji

Ideas of nationalisms as masculine projects dominate literary texts by African male writers. The texts mirror the ways in which gender differentiation sanctions nationalist discourses and in turn how nationalist discourses reinforce gender hierarchies. This article draws on theoretical insights from the work of Anne McClintock and Elleke Boehmer to analyse two plays: Zintgraff and the Battle of Mankon by Bole Butake and Gilbert Doho and Hard Choice by Sunnie Ododo. The article argues that women are represented in these two plays as having an ambiguous relationship to nationalism. On the one hand, women are seen actively changing the face of politics in their societies, but on the other hand, the means by which they do so reduces them to stereotypes of their gender.


Author(s):  
Telmo Móia ◽  
Rui Marques

In this paper, we analyse two subtypes of related comparative constructions in Portuguese, with a focus on grammatical anomaly and change – whether expressed in translated text, as a result of calquing (from English), or in autochthonous text, evincing an area of grammatical instability and change in progress. These are: on the one hand, comparative clauses using multiplicative numbers or fractions, like the Portuguese counterparts of the president is twice as popular as the prime minister or women are four times less likely to develop coronary problems than men, and, on the other hand, nominal phrases resorting to the same quantifying operators, but in a non-clausal environment, like the counterparts of Spain has twice the level of unemployment of Portugal or this game console has four times the memory of the previous one. The observed anomalies – or disputed constructions – involve the non-canonical: (i) use of equative operators (tão/tanto, ‘as’) in comparative clauses with multiplicative numbers or fractions (likely, as a result of calquing from English); (ii) use of a connective (que/do que, ‘than’) in nominal phrases with quantifying operators similar to those of comparative clauses (likely, as a result of autochthonous hybridization); (iii) use of complex prepositional expressions like comparativamente com (‘in comparison with’) or em relação a (‘relatively to’) either instead of the connective (do) que in comparative clauses, or before modifiers inside nominal phrases with multiplicative numbers or fractions. Overall, an intriguing area of grammatical unrest is discussed, with a particular focus on its bearing on translating texts into standard Portuguese.


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