Part 2 Specific Issues of Arbitration in Brazil, 20 Labour Law Arbitration

2020 ◽  
Author(s):  
Timm Luciano Benetti ◽  
Verçosa Fabiane
Keyword(s):  
The Other ◽  
Labour Law ◽  
Labour Relations ◽  
Other Hand ◽  
The Social ◽  
Labour Standards ◽  
Labour Legislation ◽  
The One ◽  
Labour Disputes ◽  
The Relationship

This chapter highlights labour law arbitration in Brazil. Traditionally, labour law in Brazil recognises two main groups of rights: individual and collective rights. Individual labour relations are concerned with the relationship between individual workers and their employers. Collective labour relations refer to the social relationships generated through processes of consultation and negotiation—over working conditions, labour standards, and other employment issues—between, on the one hand, the workers' collective or their representatives and, on the other hand, the employers or employers’ organization. Even before the Labour Legislation Reform of 2017, Brazilian legal order already provided in its Constitution and in other legal statutes the possibility of arbitration for collective labour rights. On the other hand, before the promulgation of the Labour Legislation Reform, there was no provision under Brazilian Law that would open the possibility of arbitration in the event of individual labour disputes.

scholarly journals From reflex to reflection: Moving from the space of causes to the space of reasons and back

2020 ◽  
Vol 3 (1) ◽  
pp. 681-693
Author(s):  
Ariel Furstenberg
Keyword(s):  
The Other ◽  
Final Part ◽  
Clear Cut ◽  
Other Hand ◽  
Space Of Reasons ◽  
The One ◽  
The Relationship ◽  
Simple Picture

AbstractThis article proposes to narrow the gap between the space of reasons and the space of causes. By articulating the standard phenomenology of reasons and causes, we investigate the cases in which the clear-cut divide between reasons and causes starts to break down. Thus, substituting the simple picture of the relationship between the space of reasons and the space of causes with an inverted and complex one, in which reasons can have a causal-like phenomenology and causes can have a reason-like phenomenology. This is attained by focusing on “swift reasoned actions” on the one hand, and on “causal noisy brain mechanisms” on the other hand. In the final part of the article, I show how an analogous move, that of narrowing the gap between one’s normative framework and the space of reasons, can be seen as an extension of narrowing the gap between the space of causes and the space of reasons.

《高文舉》版本考述

2021 ◽  
Vol 37 (37) ◽  
pp. 281-332
Author(s):  
柯香君 柯香君
Keyword(s):  
The Other ◽  
Evolution Process ◽  
Cultural Characteristics ◽  
Original Stories ◽  
Other Hand ◽  
The One ◽  
The Relationship ◽  
Work First

<p>「高文舉故事」始自形成，便以多元樣貌流播於各地聲腔，依據本文所較析的四個版本，彼此間存在著複雜關係，或有獨立發展者，如南管戲《高文舉》，或有屬古本系統者，如《水雲亭還魂記》，或有保留南戲原貌者莆仙戲《高文舉》，乃至於集大成者「文林閣本」《高文舉珍珠記》。南戲《高文舉》已亡佚，其中以《高文舉珍珠記》之影響最為深遠。「高文舉故事」主要情節有三：「珍珠米糷」、「還魂訴冤」、「包拯斷案」。在「文林閣本」與「莆仙本」皆有「珍珠米糷」、「龍圖斷案」，而「還魂本」有「玉真還魂」、「龍圖斷案」，至於「南管本」則一概具無，可知「南管本」在高文舉故事流變過程中之獨特性。本文主要針對各版本間之「關目情節」、「曲文賓白」等詳實比勘，剖析「高文舉」在不同聲腔劇種間之承繼與創新，並試圖重構各地聲腔在「高文舉」演化過程中之地位與價值。</p> <p>&nbsp;</p><p>Gao Wen Jyu of southern opera has been disappeared and present versions include Zhen Zhu Ji (Yi Yang tune), Gao Wen Jyu of Southern Pipes (Quan tune), Gao Wen Jyu of Pu Xian (Hsin Hua tune) and Revival After Death of Shui Yun Pavilion (Qing Yang tune). Among others, Zhen Zhu Ji is the most influential one. The plots such as &ldquo;Window Meeting&rdquo; and &ldquo;Zhen Zhu Mi Lan&rdquo; are not only the selected Zhe Zi operas for the later generations, but also the adapted texts of local operas. Main plots of &ldquo;story of Gao Wen Jyu&rdquo; are below: &ldquo;Zhen Zhu Mi Lan&rdquo;, &ldquo;Revival After Death to Appeal for Justice&rdquo; and &ldquo;Master Pao&rsquo;s Judgment&rdquo;. Zhen Zhu Ji and &ldquo;version of Pu Xian&rdquo; include &ldquo;Zhen Zhu Mi Lan&rdquo; and &ldquo;Master Pag&rsquo;s Judgment&rdquo;. &ldquo;Version of revival after death&rdquo; includes &ldquo;Revival After Death of Yu Chen&rdquo; and &ldquo;Master Pao&rsquo;s Judgment&rdquo;. &ldquo;Version of Southern Pipes&rdquo; does not include the above. Hence, it shows the uniqueness of &ldquo;version of Southern Pipes&rdquo; in the evolution of &ldquo;story of Gao Wen Jyu&rdquo;. Varieties of plots result in the richness of &ldquo;story of Gao Wen Jyu&rdquo;. The process of spread reveals flexibility and regionality of local common systematic tunes and varieties of operas. </p> <p> This study will treat four versions of Gao Wen Jyu as the subjects to significantly compare and analyze the original stories and difference and similarity of related work. First, it explores present versions to recognize the evolution of the story &ldquo;Gao Wen Jyu&rdquo;; secondly, it precisely compares &ldquo;plots&rdquo; and &ldquo;singing and talking&rdquo; of the versions to analyze the inheritance and innovation of &ldquo;story of Gao Wen Jyu&rdquo; in different common systematic tunes and varieties of Chinese operas. It, on the one hand, clarifies the relationship and origin of different versions of &ldquo;Gao Wen Jyu&rdquo; and, on the other hand, probes into cultural characteristics of &ldquo;time&rdquo; and &ldquo;region&rdquo; of operas; finally, it attmpets to reconstruct the positions and values of common systematic tunes in different regions in the evolution process of &ldquo;Gao Wen Jyu&rdquo;. </p> <p>&nbsp;</p>

scholarly journals Waarom Jesus-studies?

2000 ◽  
Vol 56 (1) ◽  
Author(s):  
P. A. Geyser
Keyword(s):  
The Other ◽  
Historical Jesus ◽  
New Historicism ◽  
Social Standing ◽  
The Social ◽  
Social Interests ◽  
The One ◽  
The Relationship ◽  
Historical Nature

Why Jesus studies? Present-day historical Jesus studies are the epistemological product of what has become known as the New Historicism. The aim of the article is to emphasize two aspects of the New Historicism as epistemological approach. The one aspect focuses on the profitability of this endeavour and the other on the historical nature of the New Historicism. As far as profitability is concerned, the social standing and identity of the researcher are emphasized. Among otherthings, the social interests of the researcher are taken into account. Concerning the historical nature of this kind of research, a distinction is drawn between the Jesus of history and the Jesus of faith. The aim of the article is to gain clarity on the relationship between the Jesus of history (pre-Easter) and the Jesus of faith (post-Easter). J D Crossan's exposition of the reasons for Jesus studies is followed. He distinguishes three reasons: historical, ethical and theological.

Comprehending Sociality: Hegel Beyond his Appropriation in Contemporary Philosophy of Recognition

2017 ◽  
Vol 38 (2) ◽  
pp. 266-292
Author(s):  
Christian Krijnen
Keyword(s):  
Frankfurt School ◽  
German Idealism ◽  
Social Philosophy ◽  
The Other ◽  
Contemporary Philosophy ◽  
Substantial Modification ◽  
Other Hand ◽  
Axel Honneth ◽  
The Social ◽  
The One

AbstractContemporary philosophy of recognition represents probably the most prominent direction that presently claims to introduce an updated version of classical German idealism into ongoing debates, including the debate on the nature of sociality. In particular, studies of Axel Honneth offer triggering contributions in Frankfurt School fashion while at the same time rejuvenating Hegel’s philosophy in terms of a philosophy of recognition. According to Honneth, this attempt at a rejuvenation also involves substantial modification of Hegelian doctrines. It is shown that Honneth underestimates the implications of Hegel’s thoughts about the theme, method and systematic form of philosophy. As a consequence, Honneth’s social philosophy is, on the one hand, in need of a plausible foundation. This leads, on the other hand, to a different construction of the social within philosophy than Honneth offers.

scholarly journals FOREST IN THE BASHKIRS' VIEW OF THE WORLD

2022 ◽  
pp. 33-40
Author(s):  
Ю. А. Абсалямова
Keyword(s):  
World View ◽  
Construction Materials ◽  
The Other ◽  
Aesthetic Perception ◽  
Food Protection ◽  
Other Hand ◽  
The World ◽  
Other World ◽  
The One ◽  
The Relationship

В статье анализируются особенности восприятия лесного пространства башкирами. На основе языковых, фольклорных материалов сделана попытка раскрыть различные аспекты взаимоотношений лес - человек, образ леса в картине мира башкир. Как и в большинстве традиционных культур, в целом мифологический образ леса носит отрицательный характер. В фольклоре он часто описывается как тёмный, мрачный, неизвестный, таящий опасности, противопоставляясь обжитому и освоенному пространству селений. Лесной пандемониум также представлен в основном отрицательными персонажами. В целом образ леса в традиционной картине мира башкир предстаёт довольно неоднозначным. С одной стороны - это категория, связанная с потусторонним миром, неизведанная, «чужая» территория. С другой - лес издавна являлся источником различных благ - в виде строительного материала, пушнины, различных продуктов питания, укрывал от врагов. The article analyzes the features of Bashkirs' perception of the forest space. On the basis of the materials of the epos, folklore, folk ideas, an attempt was made to reveal the various aspects of the relationship between forest and man, the image of the forest in Bashkirs' world view. As in most traditional cultures, the mythological image of the forest as a whole is negative. In folklore, it is often described as dark, gloomy, unknown, fraught with danger, being contrasted with the inhabited and developed space of the villages. The forest pandemonium is also represented mainly by negative characters. On the other hand, in the domestic perception forest is valued for the benefits derived from it: shelter, food, protection from enemies. In addition, Bashkirs, distinguished by a developed aesthetic perception and contemplative thinking, appreciated its beauty, which is also reflected in folklore. In general, the image of forest in the Bashkirs' traditional view of the world appears rather ambiguous. On the one hand, it is the category associated with the other world, unknown, «foreign» territory. On the other hand, the forest has long been a source of various benefits - in the form of construction materials, furs, various food products, and it sheltered them from enemies.

scholarly journals The man of Ernest J. Gaines' novelistic universe: between emasculation and self-assertion

2019 ◽  
Vol 6 (2) ◽  
pp. 5330-5335
Author(s):  
Touré Bassamanan
Keyword(s):  
Social Context ◽  
The Other ◽  
Social Expectations ◽  
Male Domination ◽  
Other Hand ◽  
The Social ◽  
The One

This paper highlights the different layers of meaning that characterize the notion of manhood in Gaines’ fiction. The quest for manhood represents an imperative for the frustrated men in the framework of the social context wherein they are emasculated. Here, manhood should be grasped through a binary paradigm. On the one hand, the expression of manhood equates with male domination and violence. On the other hand, due to social expectations, manhood refers to the struggle for freedom. It undermines the white racial superiority and it claims blacks’ humanity. Manhood fosters humanistic principles. Thus, it takes on a universal dimension.

scholarly journals The relationship between body weight and exterior measurements in domestic ostriches during the first four months after hatching

2007 ◽  
Vol 23 (1-2) ◽  
pp. 13-20
Author(s):  
Andrey Kurtenkov
Keyword(s):  
Body Weight ◽  
Detailed Analysis ◽  
The Body ◽  
The Other ◽  
Phenotypic Correlation ◽  
Other Hand ◽  
The One ◽  
The Relationship ◽  
Selection Of

It is related leg problems to the realization of the necessity of doing a detailed analysis of the phenotype correlations between body weight and exterior measurements. As a result of the study, lower coefficients have been obtained of the correlation between the girth of the tarso metatarsus on one hand, and the body weight and the girth behind the wings, on the other hand (respectively 0.563 and 0.608), compared with the one between the body weight and the girth behind the wings (0.898). It is advisable in the selection of ostriches to take into consideration the necessity of a higher phenotypic correlation between the girth of the tarso metatarsus on the one hand, and the body weight and the girth behind the wings on the other hand, with a view to preventing leg problems.

scholarly journals The Perspective of Overcoming Nihilism in Heidegger’s Dialogue with Jünger

2019 ◽  
Vol 30 (1) ◽  
Author(s):  
Tautvydas Vėželis
Keyword(s):  
Point Of View ◽  
The Other ◽  
Dialectical Thinking ◽  
Other Hand ◽  
History Of ◽  
Metaphysical Tradition ◽  
The One ◽  
Relationship Of ◽  
The Relationship ◽  
European Civilization

This article examines the problem of overcoming nihilism in Heidegger’s dialogue with Jünger. It is suggested that nihilism is manifested in various forms and is the deep logic of the whole history of European civilization. One of the main aims of this paper is to outline the relationship of nihilism and Nothing in Heidegger’s dispute with Jünger, viewing how Heidegger distinguishes his approach from Jünger’s point of view. Heidegger, on the one hand, treats nihilism as consummation of the Western metaphysical tradition, on the other hand, identifies Nothing itself as the shadow of Being, which cannot be overcome in the traditional dialectical thinking manner.

scholarly journals Resolving The Democratic Dilemma: Contestation, Anti-Power and Democracy

2021 ◽  
Author(s):  
◽  
Samuele Tonello
Keyword(s):  
Thought Experiment ◽  
The Other ◽  
Main Question ◽  
Political Systems ◽  
Social Differences ◽  
Other Hand ◽  
The Social ◽  
Democratic Dilemma ◽  
The Many ◽  
The One

<p>This thesis in divided in two main parts. First, I develop the claim that current democracies are unable to properly defend what I deem the pivotal feature to evaluate the quality of a political system - namely the people’s liberty - due to what I call a twofold democratic dilemma. On the one hand, common citizens are affected by biases that compromise their ability to successfully maintain forms of self-government. On the other hand, even representative forms of democracy that limit to a certain degree the people’s power are threatened by an oligarchic power. That is, oligarchs are using their wealth power to sway governments towards pursuing oligarchic interests rather than common ones, thus hindering the people’s liberty. For this reason, I argue that we ought to rely on Pettit’s view of liberty as non-domination to resolve the democratic dilemma. The thesis conceives these two threats as two forms of domination that must be avoided and focuses on adding a supplementary editorial and contestatory dimension of democracy to the classical participatory one. Republicanism could offer a solution to both sides of the dilemma. On the one hand, citizens’ political task would be more compatible with the people’s biases, since citizens would limit their participation to control that government’s policies do not entail oligarchic domination. On the other hand, framing liberty as a battle between dominating masters and dominated slaves, republicanism could offer the many the institutional means to counteract elites’ political domination. In this way, I conclude the first part of the thesis, but this opens the gates to the main question of the thesis, namely to how we should structure this contestatory democracy. The problem is that whereas republican scholars agree on the importance of setting freedom as non-domination at the basis of our political systems, there is no such agreement on the best way to institutionally enhance the republican ideal. I analyse this debate, maintaining that while Pettitt’s ideal is the view to pursue, we should reject his editorial solution because small committees of experts are likely to increase oligarchic domination rather than to protect the people’s liberty. Rejecting Pettit’s model does not yet imply refusing any editorial model, since I argue that critical scholars mistakenly identify the editorial component of democracy with Pettit’s answer only. In this way, they neglect alternative solutions to Pettit’s, such as Bellamy’s and McCormick’s. Having explained that Bellamy’s solution does not resolve the democratic dilemma, since this scholar rejects editorial bodies, I argue that McCormick’s “Machiavellian Democracy” framed on a divided conception of the populace offers instead the solution I am looking for. Institutionally recognizing the social differences among the populace, we could create modern bodies similar to the Roman “Tribune of the Plebs” to offer the weaker part of the population a class-specific institution to use as defence from oligarchic domination. The problem is how to implement a modern “Tribune of the plebs” making sure that these bodies are effective but popular in character at the same time. I thus explain how modern editorial tribunates could work in practice, drawing from McCormick’s “thought experiment”. I agree with most of McCormick’s ideas – lottery selection, wealth threshold exclusion, large size tribunates, etc. - but I suggest that we must review some of his suggestions with features more concerned with improving the people’s knowledge – specialization, education selection, etc. Hence, I conclude the thesis describing my thought experiment of a system of Specialized Ministerial Tribunates. In this way, I argue that we could better resolve the democratic dilemma. On the one hand, tribunates’ editorship would be more specific and would not require members of the tribunate to analyse the operation of governments on a too broad spectrum, thus reducing the problems of the people’s biases. On the other hand, tribunates’ operation could be primarily connected to detecting oligarchic features in the policies enacted by single ministries, thus challenging more precisely any oligarchic influence over governments. In sum, I argue that an editorial dimension could produce significant improvements to the people’s liberty. Thanks to a modern “Tribune of the plebs”, citizens could participate more meaningfully in politics, while taming more efficiently the influence oligarchs have on how modern societies are politically directed.</p>

scholarly journals Resolving The Democratic Dilemma: Contestation, Anti-Power and Democracy

2021 ◽  
Author(s):  
◽  
Samuele Tonello
Keyword(s):  
Thought Experiment ◽  
The Other ◽  
Main Question ◽  
Political Systems ◽  
Social Differences ◽  
Other Hand ◽  
The Social ◽  
Democratic Dilemma ◽  
The Many ◽  
The One

<p>This thesis in divided in two main parts. First, I develop the claim that current democracies are unable to properly defend what I deem the pivotal feature to evaluate the quality of a political system - namely the people’s liberty - due to what I call a twofold democratic dilemma. On the one hand, common citizens are affected by biases that compromise their ability to successfully maintain forms of self-government. On the other hand, even representative forms of democracy that limit to a certain degree the people’s power are threatened by an oligarchic power. That is, oligarchs are using their wealth power to sway governments towards pursuing oligarchic interests rather than common ones, thus hindering the people’s liberty. For this reason, I argue that we ought to rely on Pettit’s view of liberty as non-domination to resolve the democratic dilemma. The thesis conceives these two threats as two forms of domination that must be avoided and focuses on adding a supplementary editorial and contestatory dimension of democracy to the classical participatory one. Republicanism could offer a solution to both sides of the dilemma. On the one hand, citizens’ political task would be more compatible with the people’s biases, since citizens would limit their participation to control that government’s policies do not entail oligarchic domination. On the other hand, framing liberty as a battle between dominating masters and dominated slaves, republicanism could offer the many the institutional means to counteract elites’ political domination. In this way, I conclude the first part of the thesis, but this opens the gates to the main question of the thesis, namely to how we should structure this contestatory democracy. The problem is that whereas republican scholars agree on the importance of setting freedom as non-domination at the basis of our political systems, there is no such agreement on the best way to institutionally enhance the republican ideal. I analyse this debate, maintaining that while Pettitt’s ideal is the view to pursue, we should reject his editorial solution because small committees of experts are likely to increase oligarchic domination rather than to protect the people’s liberty. Rejecting Pettit’s model does not yet imply refusing any editorial model, since I argue that critical scholars mistakenly identify the editorial component of democracy with Pettit’s answer only. In this way, they neglect alternative solutions to Pettit’s, such as Bellamy’s and McCormick’s. Having explained that Bellamy’s solution does not resolve the democratic dilemma, since this scholar rejects editorial bodies, I argue that McCormick’s “Machiavellian Democracy” framed on a divided conception of the populace offers instead the solution I am looking for. Institutionally recognizing the social differences among the populace, we could create modern bodies similar to the Roman “Tribune of the Plebs” to offer the weaker part of the population a class-specific institution to use as defence from oligarchic domination. The problem is how to implement a modern “Tribune of the plebs” making sure that these bodies are effective but popular in character at the same time. I thus explain how modern editorial tribunates could work in practice, drawing from McCormick’s “thought experiment”. I agree with most of McCormick’s ideas – lottery selection, wealth threshold exclusion, large size tribunates, etc. - but I suggest that we must review some of his suggestions with features more concerned with improving the people’s knowledge – specialization, education selection, etc. Hence, I conclude the thesis describing my thought experiment of a system of Specialized Ministerial Tribunates. In this way, I argue that we could better resolve the democratic dilemma. On the one hand, tribunates’ editorship would be more specific and would not require members of the tribunate to analyse the operation of governments on a too broad spectrum, thus reducing the problems of the people’s biases. On the other hand, tribunates’ operation could be primarily connected to detecting oligarchic features in the policies enacted by single ministries, thus challenging more precisely any oligarchic influence over governments. In sum, I argue that an editorial dimension could produce significant improvements to the people’s liberty. Thanks to a modern “Tribune of the plebs”, citizens could participate more meaningfully in politics, while taming more efficiently the influence oligarchs have on how modern societies are politically directed.</p>

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