Group Insolvencies

2016 ◽  
Author(s):  
Reinhard Bork ◽  
Renato Mangano
Keyword(s):  
The Other ◽  
Limited Extent ◽  
Specific Policy ◽  
Policy Choices ◽  
Cross Border ◽  
Other Hand ◽  
The World ◽  
Set Up ◽  
The Many ◽  
The One

This chapter deals with European cross-border issues concerning groups of companies. This chapter, after outlining the difficulties encountered throughout the world in defining and regulating the group, focuses on the specific policy choices endorsed by the EIR, which clearly does not lay down any form of substantive consolidation. Instead, the EIR, on the one hand, seems to permit the ‘one group—one COMI’ rule, even to a limited extent, and, on the other hand, provides for two different regulatory devices of procedural consolidation, one based on the duties of ‘cooperation and communication’ and the other on a system of ‘coordination’ to be set up between the many proceedings affecting companies belonging to the same group.

scholarly journals Two Conceptions of Second Nature

2020 ◽  
Vol 3 (1) ◽  
pp. 68-80 ◽  
Author(s):  
Georg W. Bertram
Keyword(s):  
The Other ◽  
Human Beings ◽  
Open Future ◽  
Second Nature ◽  
Other Hand ◽  
The World ◽  
Cognitive Activities ◽  
The Open Future ◽  
The One ◽  
First Nature

AbstractThe concept of second nature promises to provide an explanation of how nature and reason can be reconciled. But the concept is laden with ambiguity. On the one hand, second nature is understood as that which binds together all cognitive activities. On the other hand, second nature is conceived of as a kind of nature that can be changed by cognitive activities. The paper tries to investigate this ambiguity by distinguishing a Kantian conception of second nature from a Hegelian conception. It argues that the idea of a transformation from a being of first nature into a being of second nature that stands at the heart of the Kantian conception is mistaken. The Hegelian conception demonstrates that the transformation in question takes place within second nature itself. Thus, the Hegelian conception allows us to understand the way in which second nature is not structurally isomorphic with first nature: It is a process of ongoing selftransformation that is not primarily determined by how the world is, but rather by commitments out of which human beings are bound to the open future.

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 Happy Existentialist Metaphors: Merleau-Ponty’s Flesh of the World and the Chandos Complex

Humanities ◽  
2022 ◽  
Vol 11 (1) ◽  
pp. 17
Author(s):  
Annabelle Dufourcq
Keyword(s):  
The Other ◽  
Essential Dimension ◽  
Magic Realism ◽  
Other Hand ◽  
The World ◽  
The One

This article investigates the meaning of Merleau-Ponty’s concept of the flesh of the world. This concept brings a cosmological tone to existentialist phenomenology and challenges the grim and gnostic approach that prevails in Heidegger’s and Sartre’s works in particular. Is horror the key mood in ontology as argued by Malabou? This article contends that bright metaphors and magic realism are at least as fundamental, but under one condition: ontology must come to terms with what the author has coined as the “Chandos complex”, namely a form of ambivalence and oscillation between Gnosticism and holism that makes both positions fake and hollow. Dreaming of being one with the world and fantasizing an estrangement from nature work hand in hand and are equally staged. Merleau-Ponty’s philosophy occasionally falls prey to the Chandos complex, which makes his concept of the flesh of the world vulnerable to criticism. This article examines the claim put forward by Renaud Barbaras that “the flesh of the world” is a failed metaphor. It argues that this blissful metaphor is ontologically fundamental as soon as its intrinsic paradoxes are recognized and accepted: the Chandos complex then becomes the key to an ontology that recognizes the imaginary as an essential dimension of being. At stake is an essential link between ontology on the one hand and, on the other hand, metaphors as well as myth-building and narrative-building processes.

scholarly journals Aktualisasi Nilai-Nilai Pendidikan Islam dalam Merevitalisasi Pemahaman Moderasi pada Lembaga Pendidikan di Indonesia

2020 ◽  
Vol 9 (1) ◽  
pp. 33-52
Author(s):  
Nashuddin Nashuddin
Keyword(s):  
Social Media ◽  
The Other ◽  
Extreme Right ◽  
Teacher Understanding ◽  
Other Hand ◽  
The World ◽  
The Veil ◽  
The One

True education makes people more respectful of differences and understanding diversity. Schools offer openness, moderation, and peace, not closure, extremism, and violence. But in reality on the ground, schools are actually not sterile from the outbreak of intolerance and the virus of radicalism. A number of studies show at one conclusion - which is almost agreed on - that intolerance in the world of education is increasing. Starting from rejecting leaders of different religions, do not want to respect the flag, the veil obligation, to those who openly support the khilafah. The entry of intolerance is assessed entering from three doors. First, teacher. Teacher understanding often determines how students behave and act. Second, the curriculum which is still dogmatic-doctrinaire does not provide space for dialogue and imagination. Third, extra activities are loaded with certain ideologies. In this context, it is necessary to return to voice moderation in schools. Attitudes that are not extreme right, always negate everything; nor extreme left, accommodating anything from outside; but rather be selective-accommodating. Teaching selective-accommodative attitude to students, has its own challenges. Not to mention the tendency of religious ways that are practical, instant, and do not want to be complicated, on the one hand; plus the penetration of social media - borrowing the language of Tom Nicholas (Death of Expertise, 2017) - there is a democratization of information, everyone is equal in it, on the other hand. Making moderation mainstreaming projects in schools has its challenges. Pendidikan sejatinya membuat manusia lebih menghargai perbedaaan dan memahami keragaman.Sekolah mengarjakan keterbukaan, moderasi, dan kedamaian, bukan ketertutupan, ekstrim, dan kekerasan.Akan tetapi fakta di lapangan, sekolah justru tidak streril dari wabah intoleransi dan virus radikalisme. Sejumlah penelitian menunjukkan pada satu kesimpulan –yang hampir disepakati—bahwa intoleransi dalam dunia pendidikan semakian meningkat. Mulai dari menolak pemimpin beda agama, tidak mau menghormat bendera, pewajiban jilbab, sampai yang terang-terangan mendukung khilafah. Masuknya intoleransi dinilai masuk dari tiga pintu. Pertama, guru. Pemahaman guru sering menentukan cara bersikap dan bertindak siswa. Kedua, kurikulum yang masih dogmatis-doktriner, tidak memberikan ruang untuk berdialetika dan berimajinasi. Ketiga, kegiatan ekstra yang sarat dengan ideologi tertentu. Dalam konteks inilah, perlu kembali menyuarakan moderasi di sekolah. Sikap yang tidak ekstrim kanan, selalu menegasikan semuanya; juga tidak ekstrim kiri, menampung apapun dari luar; melainkan bersikap selektif-akomodatif. Mengajarkan sikap selektif-akomodatif kepada peserta didik, mendapat tantangan tersendiri. Belum lagi adanya  kecenderungan cara beragama yang praktis, instan, dan tidak mau ribet, di satu sisi; di tambah penetrasi media sosial –meminjam bahasa Tom Nicholas (Matinya Kepakaran, 2017) – terjadi demokratisasi infomasi, semua orang setara di dalamnya, di sisi lain. Membuat proyek pengarusutamaan moderasi di sekolah mendapat tantangannya tersendiri.

scholarly journals “Is Christus verdeeld?” Nadenke oor die teologiese regverdiging van kerkverdeeldheid en kerkskeuring

2008 ◽  
Vol 29 (2) ◽  
pp. 507-525
Author(s):  
J H Van Wyk
Keyword(s):  
The Other ◽  
Other Hand ◽  
Church Unity ◽  
Reformation Theology ◽  
Church Schism ◽  
The Many ◽  
The One

“Is Christ divided?” Reflections on the theological justification of church disunity and church schismIn this article the author investigates the question whether a church schism could ever be justified. He considers on the one hand the Biblical message on church unity and on the other hand the many justifications of church disunity (schism). He concludes that most of these justifications are unacceptable rasionalisations and that Post-Reformation theology distanced itself far away from Biblical ecclesiology in this regard.

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>

scholarly journals Universální život a život lidský. K ontologii přírody u Jana Patočky a Maurice Merleau-Pontyho

REFLEXE ◽  
2021 ◽  
Vol 2021 (60) ◽  
pp. 29-63
Author(s):  
Martin Rabas
Keyword(s):  
Present Article ◽  
Human Life ◽  
Descriptive Analysis ◽  
Human Experience ◽  
The Other ◽  
Philosophical Approach ◽  
Other Hand ◽  
Inorganic Matter ◽  
The World ◽  
The One

The present article has two objectives. One is to elucidate the philosophical approach presented in the so-called Strahov Systematic Manuscripts of Jan Patočka in terms of consciousness and nature. The other is to compare this philosophical approach with Maurice Merleau-Ponty’s theses on nature, as elaborated in 1956–1961, and to point out some advantages and limitations of both approaches. In our opinion, Patočka’s philosophical approach consists, on the one hand, in a descriptive analysis of human experience, which he understands as a pre-reflective self-relationship pointing towards the consciousness of the world. On the other hand, on the basis of this descriptive analysis Patočka consequently explicates all non-human life, inorganic matter, and finally the whole of nature as life in its own right, the essence of which is also a certain self-relation with a tendency towards consciousness. The article then briefly presents Merleau-Ponty’s theses on nature, and finally compares them with Patočka’s overall theses on nature. The advantage of Patočka’s notion of nature as against Merleau-Ponty’s is that, in Patočka’s view, nature encompasses both the principle of unity and individuality. On the other hand, the advantage of Merleau-Ponty’s understanding of nature as against Patočka’s lies in the consistent interconnectedness of the infinite life of nature and the finite life of individual beings.

scholarly journals Haurtzaroko sexu abusuak: prebentzio programa baten eraginkortasuna frogatzen

2019 ◽  
pp. 94-114
Author(s):  
Ane Díez ◽  
Zuriñe Gaintza
Keyword(s):  
Sexual Abuse ◽  
The Other ◽  
Educational Project ◽  
Other Hand ◽  
Post Test ◽  
Set Up ◽  
The One ◽  
Protective Behaviours

This study assesses how knowledge about protective behaviours against sexual abuse changes among 6 to 7 year-olds 22 girls and boys, after implementing the programme “Grita muy fuerte" (Shout out loud). The program is developed over 5 weeks in sessions of 60 minutes per week. In order to determine the effect of it, an evaluation is carried out with pre-test and post-test measures included in the program itself. According to the results, on the one hand, all students improve their knowledge of protective behaviours against sexual abuse and, on the other hand, in terms of gender, girls have greater knowledge than boys. It is concluded that the programme is effective in increasing awareness of protective behaviours against sexual abuse and that it is therefore advisable to set up this type of experience as part of the schools' educational project.

The Animistic Way: Contemporary Paganism and the Posthuman

Poligrafi ◽  
2021 ◽  
pp. 107-127
Author(s):  
Victoria Dos Santos
Keyword(s):  
Natural World ◽  
Julia Kristeva ◽  
The Other ◽  
Relational Ontology ◽  
Other Hand ◽  
The World ◽  
Human World ◽  
The Subject ◽  
The One ◽  
Contemporary Paganism

This article aims to explore the affinities between contemporary Paganism and the posthuman project in how they approach the non-human natural world. On the one hand, posthumanism explores new ways of considering the notion of humans and how they are linked with the non-human world. On the other hand, Neopaganism expands this reflection to the spiritual domain through its animistic relational sensibility. Both perspectives challenge the modern paradigm where nature and humans are opposed and mutually disconnected. They instead propose a relational ontology that welcomes the “different other.” This integrated relationship between humans and the “other than human” can be understood through the semiotic Chora, a notion belonging to Julia Kristeva that addresses how the subject is not symbolically separated from the world in which it is contained.

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