scholarly journals H.L.A. Hart's secondary rules: what do ‘officials’ really think?

2017 ◽  
Vol 14 (01) ◽  
pp. 61-86
Author(s):  
David Howarth ◽  
Shona Wilson Stark
Keyword(s):  
Pilot Study ◽  
Legal System ◽  
Local Authority ◽  
Point Of View ◽  
Internal Point ◽  
Chief Executives ◽  
Legal Thinking ◽  
The Concept Of Law ◽  
Necessary And Sufficient ◽  
The Impact

AbstractThe impact of H.L.A. Hart'sThe Concept of Lawon modern legal thinking is undisputed. But does it reflect the reality of the way British institutions work? InConcept,Hart argued, amongst other things, that one of two ‘minimum conditions necessary and sufficient for the existence of a legal system’ was that ‘its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behaviour by its officials’. In this paper, we begin the process of testing that statement empirically. Specifically, we ask whether non-judicial UK officials have a uniform view of what the rules of recognition, change and adjudication are, and whether they uniformly take an internal point of view towards them (i.e. whether they accept the rules and do not merely obey them). By way of a pilot study, thirty non-judicial UK officials were interviewed. Those officials comprised currently serving and retired senior civil servants, senior military officials, chief constables and local authority chief executives. The findings of the pilot study are presented in this paper. They allow us to deduce that Hart's statement might well be an inaccurate and incomplete description of the modern British constitution, and to comment on the implications of that conclusion.

scholarly journals The impact of bankruptcy regimes on entrepreneurship and innovation. Is there any relationship?

2021 ◽  
Author(s):  
Błażej Prusak ◽  
Sylwia Morawska ◽  
Michał Łukowski ◽  
Przemysław Banasik
Keyword(s):  
Legal System ◽  
Linear Models ◽  
Least Squares Method ◽  
Point Of View ◽  
Bankruptcy Law ◽  
Cross Sectional ◽  
Research Hypothesis ◽  
Risk Acceptance ◽  
The Impact ◽  
Level Of Risk

AbstractThe literature review indicates that bankruptcy law may play an important role in and be one of the factors influencing the development of entrepreneurship, innovation, and thus economic growth, among other things. In previous studies, the analysis of the impact of bankruptcy law on individual variables has been conducted independently. Our aim was to conduct a holistic analysis, taking several factors into account simultaneously. Therefore, a descriptive model was proposed, based on which the following research hypothesis was formulated: In countries characterised by an effective legal system and at the same time debtor-friendly bankruptcy law, the level of risk acceptance among entrepreneurs is higher, which is reflected in higher levels of entrepreneurship and innovation. Based on the selected variables, a cross-sectional analysis was conducted using linear models estimated on the basis of the least-squares method. Additionally, to strengthen the conclusions drawn, the models were assessed in such a way enabling the analysis of causality as defined by Granger based on the two-step process. The results obtained allowed us to confirm the research hypothesis: in countries characterised by an efficient legal system and at the same time debtor-friendly bankruptcy law, the level of risk acceptance among entrepreneurs is higher, which is reflected in higher levels of entrepreneurship and innovation. The research results are particularly important from the point of view of legislators who are responsible for drafting amendments to bankruptcy law. Including certain debtor-friendly provisions may, in the long run, lead to increased entrepreneurship and innovation, and thus economic development.

A Reforma Trabalhista de 2017 e a deformação das prerrogativas sindicais

2019 ◽  
Vol 4 (2) ◽  
pp. 191-224
Author(s):  
Raimunda Regina Ferreira Barros ◽  
Paulo Sérgio Weyl Albuquerque Costa
Keyword(s):  
Present Article ◽  
Rule Of Law ◽  
Legal System ◽  
Trade Union ◽  
Trade Unions ◽  
Labor Law ◽  
Point Of View ◽  
Labor Reform ◽  
Democratic Rule ◽  
The Impact

RESUMO:O presente artigo objetiva refletir a reforma trabalhista sob o ângulo da organização sindical, compreendendo-a como um dos pilares do sistema celetista fragilizado pela Lei nº 13.467/17. O legislador enfraqueceu essas organizações mediante a subtração de direitos e as descredenciando como interlocutoras qualificadas. A centralidade deste escrito reside no impacto da reforma sobre as prerrogativas sindicais, entendendo-se que os sindicatos como agentes autônomos e livres são indispensáveis para a plenitude do Estado Democrático de Direito. Realiza-se, de início, uma breve síntese do movimento pela flexibilização do Direito do Trabalho no Brasil; a seguir, situa-se a discussão na proteção das prerrogativas sindicais no plano normativo externo e interno; e, por fim, analisam-se as alterações da reforma tendentes a mitigar as prerrogativas dos sindicatos profissionais.ABSTRACT:The present article aims to reflect the labor reform from the point of view of union organization, understanding it as one of the pillars of the labor legal system that was weakened by Law 13467/17. The legislator weakened these organizations by subtracting rights and disqualifying them as competent interlocutors. The centrality of this paper lies in the impact of the reform on trade union prerogatives, considering that unions, as autonomous and free agents, are an indispensable factor for the fullness of the Democratic Rule of Law. A brief summary of the movement for the relaxation of labor law in Brazil is held at the outset; the following is the discussion on the protection of trade union prerogatives at the external and internal normative level; and, finally, the amendments to the reform to mitigate the prerogatives of trade unions.

Peter Winch and H.L.A. Hart: Two Concepts of the Internal Point of View

2007 ◽  
Vol 20 (2) ◽  
pp. 453-473 ◽  
Author(s):  
Veronica Rodriguez-Blanco
Keyword(s):  
Legal Theory ◽  
Point Of View ◽  
The Other ◽  
Reasons For Action ◽  
Internal Point ◽  
Practical Point ◽  
Other Hand ◽  
External Point ◽  
Third Person ◽  
The Concept Of Law

In his book The Concept of Law, Hart advances an arresting idea: the internal point of view. The idea immediately captured the imagination of legal theorists and was envisaged as a step forward in understanding both the nature of law and its practices. There is, however, lack of clarity and ambiguity on understanding Hart’s important notion and its role in different key jurisprudential problems such as the normativity of law and the methodology of legal theory. This article reconstructs the intellectual roots of the internal point of view and argues that although the seeds of Hart’s idea can be found in Winch’s seminal book The Idea of a Social Science, there are striking differences between Hart’s and Winch’s notions of the internal point of view. Winch endeavors to explain the participant’s viewpoint in terms of what the participants are doing. On the other hand, Hart aims to provide an explanation of how the law enables judges and law-abiding citizens to determine what they ought to do. This difference has been often overlooked by legal scholars; however, it provides the key to understanding Hart’s connection between the internal viewpoint and the normativity of law, i.e., the idea that legal rules provide reasons for action and, in some circumstances, create and impose duties and obligations. The distinction also illuminates the demarcation in the methodology of legal theory between an explanation from a detached perspective, namely the second or third-person standpoint of the practical point of view and, on the other hand, either a theoretical or hermeneutical explanation of the participant’s point of view. I argue that the non-recognition of the practical/participant distinction has been pervasive in two ways. First, there has been an overemphasis on the distinction between the internal and the external point of view. Second, a more fundamental distinction between an ‘engaged’ and ‘detached’ viewpoint which is a predominant feature of the practical point of view has been under-researched.

scholarly journals Selected Aspects of Pavement Texture Influence on Tire Rolling Resistance

Coatings ◽  
2021 ◽  
Vol 11 (7) ◽  
pp. 776
Author(s):  
Jerzy Ejsmont ◽  
Slawomir Sommer
Keyword(s):  
Pilot Study ◽  
Experimental Method ◽  
Co2 Emissions ◽  
Significant Influence ◽  
Rolling Resistance ◽  
Point Of View ◽  
Traffic Conditions ◽  
Profile Depth ◽  
The Impact ◽  
Good Descriptor

Tire rolling resistance has a significant influence on fuel consumption in cars and trucks and on CO2 emissions. Rolling resistance depends on the tire construction, pavement texture and stiffness, as well as environmental and traffic conditions. This article presents a pilot study on the impact of pavement texture on the rolling resistance of passenger car tires. Reasons why Mean Profile Depth is not a good descriptor of pavement characteristics from the point of view of rolling resistance are presented, and an experimental method which takes into account tire deformation on texture and partial enveloping is described. A method based on testing the volume and depth of tire tread deformation is also proposed.

For a socio-legal theory of risk

2009 ◽  
pp. 69-82
Author(s):  
Alberto Febbrajo
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
General System ◽  
Time Frame ◽  
Point Of View ◽  
Social Strategy ◽  
Relevance Criteria ◽  
The Concept Of Law ◽  
Legal Strategies ◽  
The Individual

- This article aims to offer an overview of some contributions to a socio-legal theory of risk. Starting from the presupposition that risk is a concept that plays a central role in sociological as well as in legal theory, it underlines the thesis that, from the point of view of the general system theory, the application of three different strategies of risk-management can be recognised in the legal system: a substantial strategy, which comprises shielding a core of legal contents from the risk of sudden and drastic changes; a social strategy, whereby risks are externalised by creating virtual figures (legal persons) which relieve "natural" persons from those risks that are particularly severe and hard to sustain in the sphere of economic activity; and a temporal strategy, in which risks are diluted by implementing procedures, i.e. sequences of operations, featuring relevance criteria of their own and by a time-frame that, to a certain extent, can be pre-determined. Moreover, in every advanced legal system, there is a need for tools for reducing or avoiding the risks produced by the current legal strategies for risk absorption. One of the main learning processes concerning the risks produced by law is democracy, which is also in turn exposed to risks. Because the present situation features profound changes in the structure of world society as a whole, which dramatically transform the types of risks confronting the legal system, the concept of law oriented to an imperativistic approach is no longer adequate. Instead, it needs to be based on a communicative approach, according to which the treatment of risks trespasses on the borders of the individual state and takes on a cultural and communicative, rather than a practical, dimension, characterised by symbolic legitimisation, virtual effectiveness and increased openness

The Geosciences Applied to Lunar Exploration

1962 ◽  
Vol 14 ◽  
pp. 169-257 ◽  
Author(s):  
J. Green
Keyword(s):  
Lunar Surface ◽  
Probable Mechanism ◽  
Point Of View ◽  
Lunar Exploration ◽  
Geological Model ◽  
Apply Geophysics ◽  
Surface Features ◽  
The Impact

The term geo-sciences has been used here to include the disciplines geology, geophysics and geochemistry. However, in order to apply geophysics and geochemistry effectively one must begin with a geological model. Therefore, the science of geology should be used as the basis for lunar exploration. From an astronomical point of view, a lunar terrain heavily impacted with meteors appears the more reasonable; although from a geological standpoint, volcanism seems the more probable mechanism. A surface liberally marked with volcanic features has been advocated by such geologists as Bülow, Dana, Suess, von Wolff, Shaler, Spurr, and Kuno. In this paper, both the impact and volcanic hypotheses are considered in the application of the geo-sciences to manned lunar exploration. However, more emphasis is placed on the volcanic, or more correctly the defluidization, hypothesis to account for lunar surface features.

Pilot Study: The Impact of Yoga on Health

2007 ◽  
Author(s):  
Danielle V. Shelov ◽  
Sonia Suchday ◽  
Jennifer P. Friedberg
Keyword(s):  
Pilot Study ◽  
The Impact

МАРКЕТИНГОВІ АСПЕКТИ ФУНКЦІОНУВАННЯ ЛІТЕРАТУРНИХ КОНКУРСІВ ТА ПРЕМІЙ

2020 ◽  
pp. 90
Author(s):  
O. Bondar
Keyword(s):  
Publishing House ◽  
Target Audience ◽  
Point Of View ◽  
Information Support ◽  
Literary Field ◽  
Non Profit ◽  
Functional Aspects ◽  
The Media ◽  
Literary Prizes ◽  
The Impact

<p><em>In this study, I have collected and summarized the functional aspects of a literary prize, contest, and rating, which indicate their affiliation with the marketing complex of the publishing house for the first time. For this purpose, I have analyzed and summarized the common concepts of the functioning of literary prizes and contests as advertising tools for publishing activity. Because the previous studies are only focused on the fact of the impact of the prize on the promotion of editions but do not explain it, these aspects have been considered and introduced by me from the book production’s point of view. I investigated that the prizes and the contests in the literary field are effective marketing tools, which meet many publisher’s needs at the same time and can be considered a non-profit form of capital. I have reviewed the works of other authors, who accept that the economic success of the book is rising if the author is a winner of the literary prize or contest. I have found out that the book prize activates the demand for the book, and the literary contest is a tool to track the reader’s reaction to a future publication. In this way, literary prizes and contests can be considered as a way of conducting a marketing dialogue with the target audience. I have focused on the information support of literary national and international prizes and contests by the media, which attracts attention to the book and forms the reader’s interest. The literary prizes and contests are also considered as a way of exploring trends and their changes, familiarization the popular genres among the target audience and fixation the current choice of modern readers. Literary prizes and contests motivate the authors to improve their literary excellence, are the source of new authors and works, and assist in increasing sales of books. However, further research is recommended.</em></p><strong><em>Key words:</em></strong><em> book prize, book rating, literary contest, literary prize, functions of the literary prizes.</em>

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