Legislation and the Constitutional Framework

Author(s):  
Eva Steiner

This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.

2021 ◽  
Vol 15 (2) ◽  
pp. 197-224
Author(s):  
Silvia Lattová

Digitalization is bringing new challenges, including the way how people used to work. The future of work is uncertain. Technology driven innovations are changing the way, how society react to such development by creating different types of jobs and workplaces. What is important today can be redundant tomorrow. Having said that the labour law and civil law will most probably need to react in certain way. The main aim of this paper is to focus on the specific types of activities – such as virtual work or crowd work as well as on relationships between digital platforms, workers, employers and clients while offering and providing services via online platforms. Further the paper will outline the responsibility of online platforms if considered to be in a position of an employer. Due to the lack of compliance with labour laws related duties the online platforms are gaining the unfair competition advantage comparing with "traditional" employer. When it comes to the virtual workers, they can potentially suffer from inadequate or limited access to the certain kind of protection (when compared to the "traditional" employees).


2020 ◽  
Vol 43 (2) ◽  
pp. 45-56
Author(s):  
Abigail Nieves Delgado

The current overproduction of images of faces in digital photographs and videos, and the widespread use of facial recognition technologies have important effects on the way we understand ourselves and others. This is because facial recognition technologies create new circulation pathways of images that transform portraits and photographs into material for potential personal identification. In other words, different types of images of faces become available to the scrutiny of facial recognition technologies. In these new circulation pathways, images are continually shared between many different actors who use (or abuse) them for different purposes. Besides this distribution of images, the categorization practices involved in the development and use of facial recognition systems reinvigorate physiognomic assumptions and judgments (e.g., about beauty, race, dangerousness). They constitute the framework through which faces are interpreted. This paper shows that, because of this procedure, facial recognition technologies introduce new and far-reaching »facialization« processes, which reiterate old discriminatory practices.


Author(s):  
Eva Steiner

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.


Author(s):  
Konrad Huber

The chapter first surveys different types of figurative speech in Revelation, including simile, metaphor, symbol, and narrative image. Second, it considers the way images are interrelated in the narrative world of the book. Third, it notes how the images draw associations from various backgrounds, including biblical and later Jewish sources, Greco-Roman myths, and the imperial cult, and how this enriches the understanding of the text. Fourth, the chapter looks at the rhetorical impact of the imagery on readers and stresses in particular its evocative, persuasive, and parenetic function together with its emotional effect. And fifth, it looks briefly at the way reception history shows how the imagery has engaged readers over time. Thus, illustrated by numerous examples, it becomes clear how essentially the imagery of the book of Revelation constitutes and determines its theological message.


2009 ◽  
Vol 72 (1) ◽  
pp. 41-62
Author(s):  
Baki Tezcan

AbstractA short chronicle by a former janissary called Tûghî on the regicide of the Ottoman Sultan Osman II in 1622 had a definitive impact on seventeenth-century Ottoman historiography in terms of the way in which this regicide was recounted. This study examines the formation of Tûghî's chronicle and shows how within the course of the year following the regicide, Tûghî's initial attitude, which recognized the collective responsibility of the military caste (kul) in the murder of Osman, evolved into a claim of their innocence. The chronicle of Tûghî is extant in successive editions of his own. A careful examination of these editions makes it possible to follow the evolution of Tûghî's narrative on the regicide in response to the historical developments in its immediate aftermath and thus witness both the evolution of a “primary source” and the gradual political sophistication of a janissary.


2008 ◽  
Vol 25 (1) ◽  
pp. 1-9 ◽  
Author(s):  
Janaina P. Araújo ◽  
Antonio Souto ◽  
Lena Geise ◽  
Maria Elisabeth Araújo

There is still little knowledge about the behavior of the estuarine dolphins and also the way they react to the presence of different types of vessels. The aim of the present study was twofold: to investigate the behavior of estuarine dolphins in four locations in Pernambuco, Brazil, and also their reaction to the presence of common types of nautical crafts. The data of this study resulted from 48 fieldtrips to each of the four localities studied (ports of Recife and Suape, and beaches of Bairro Novo and Piedade), thus totaling 192 days of observations, with approximately 380 hours of actual sampling. Ten types of behavioral activities were counted for Bairro Novo beach and the port areas, but only four for Piedade beach. The greatest flows of boats were recorded in the port of Recife. Fishing boats were the commonest type in the port area of Recife and Bairro Novo beach, while tourist vessels predominated in the port of Suape and Piedade beach. During the observations of encounters between these boats and the estuarine dolphins, neutral reactions predominated for all the vessel types studied. The same type of reaction predominated when the distances at which the interactions between the animals and vessels occurred were correlated.


Author(s):  
Rikke Gottfredsen

ENGLISH ABSTRACT: Mindfulness is a phenomenon increasingly attracting interest in Denmark. It is offered by many different types of providers. This research categorizes in a complete sample of mindfulness providers in Aarhus the way in which these providers communicate their affiliation with mindfulness as respectively Buddhism, spirituality or a-religious technique. This is done using the criteria’s authorization, text reference and visual reference. The article's research shows that mindfulness is offered as a-religious technique, but claims simultaneously, based on Hornborg and Durkheim, that even this alleged a-religiosity can be considered religious.DANSK RESUMÉ: Mindfulness er et fænomen i vækst. Den udbydes af mange forskellige typer af udbydere. Denne undersøgelse kategoriserer i et komplet sample af mindfulness-udbydere i Aarhus måden hvorpå disse udbydere kommunikerer deres tilhørsforhold til mindfulness som henholdsvis buddhisme, spiritualitet eller a-religiøs teknik. Dette gøres ved hjælp af kriterier inden for autorisation, tekst- og visuelle referencer. Artiklens undersøgelse viser, at mindfulness udbydes som a-religiøs teknik, men hævder samtidigt med udgangspunkt i Hornborg og Durkheim, at selv denne påståede a-religiøsitet kan kaldes religiøs.


2021 ◽  
Vol 12 (1) ◽  
pp. 192-203
Author(s):  
Martin Holubčík ◽  
Jakub Soviar

Abstract Modern controlling is an interdisciplinary field that allows management to manage properly, thereby creating the basis for good decision-making. Logistics operations in smart companies need to be not only properly set up, but also properly controlled and improved. The purpose of the article is to analyze the controlling environment in a selected company and point out possible improvements in logistics activities and devices, with a view to preventing different types of problems. For this purpose, observations of the internal logistics processes in a selected company were used and quantified to assess its internal state. On the basis of the data, controlling measures are put forward to improve the management of the company’s logistics activities. The results of the research highlight the opportunities that exist through controlling activities to collect and analyze information about the logistics activities of a company. By doing so, employees can be given greater responsibility for the fulfilment of their tasks and contribute to the streamlining of logistics processes. For managers, the implementation of controlling represents a change in the way of thinking and managing a company.


Author(s):  
A. A. Suslov

The paper provides systematization of inadmissible refusals in civil law enshrined in civil legislation and clarification of court practice. The author analyzes the reasons for fixing the inadmissibility of refusal through civil law cases, which include situations of protection of the weaker party in civil law relations. A specific characteristic of inadmissible refusals according to the way of their expression is proposed: with the presence or absence of legal consequences of inadmissible refusals. The “doctrine of the nullity of refusal” prevailing in modern Russian science and court practice is criticized as contradicting the fundamental principles of civil law (in particular, the principles of freedom of contract, inadmissibility of arbitrary interference in private affairs, etc.) and generally acceptable type of legal regulation peculiar to civil law. Some ways to overcome it are proposed. It is concluded that the resolution of the issue of recognizing a refusal as valid or invalid should be based on the correct qualification of the relevant norms, which fix certain legal opportunities for participants in civil law relations as imperative or dispositive.


2020 ◽  
Vol 11 (3) ◽  
pp. 4919-4922
Author(s):  
Shilpa Patil ◽  
Ajikya Bahulekar

Acute infections of the nervous system are among the hugest issues in the medicine considering the way that early affirmation, gainful dynamic and speedy association of the treatment can be lifesaving. Standard routine assessment of CSF in meningitis doesn't commonly give speedy definitive information without a doubt. Therefore there was need for additional tests. The present study conducted in Department of Medicine. The study included clinical appraisal and CSF assessment of 65 occurrences of meningitis. Lumbar cut was done in each consistent case and CSF was assembled in sterile containers.In majority cases of meningitis sugar less than two third of blood sugars, and majority of TBM cases had sugar level between 40-60 mg%. Higher cell count was seen in pyogenic meningitis cases. In context to LDH levels among the different types of meningitis, significant increased CSF LDH levels was observed in TBM and PM as compared to VM and CM but no noteworthy distinction between TBM and PM. Overall conclusion of study was that estimation of CSF LDH levels is not only supplementary aid but diagnostic and differentiating aid for meningitis.


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