6 Pluralism, Autonomy and Public Deliberation

2016 ◽  
Vol 2016 (1) ◽  
Author(s):  
Bernhard Jakl
Keyword(s):  
Public Deliberation ◽  
Public Order ◽  
Public Discussion ◽  
Law And Ethics ◽  
Starting Point ◽  
Normative Requirement ◽  
Private Autonomy ◽  
Pluralistic World

AbstractIn a pluralistic world, the exercise of private autonomy by different individuals and groups can lead to clashes of interest. If a peaceful solution for these clashes of interest is sought, especially by means of public discussion, the focus turns to the questions: What kinds of reasons count? How should ambiguous concepts like “public order” or “good morals” be handled? In regard to content, moral-philosophical, socio-theoretical and political-philosophical interpretations enable different interpretations of “good morals” as a form of “public order”. But, the contribution argues, the starting point for all the interpretations must be the pluralization of practical subjects and thus the co-existence of law and ethics as different normative orders. Thereby, it is essential to pursue different justification strands for “good morals” without deferring the central normative requirement for respect and recognition of private autonomy.

Policy Implications

2021 ◽  
pp. 433-436
Author(s):  
Mark Knights
Keyword(s):  
Vital Role ◽  
Public Deliberation ◽  
Cultural Dimensions ◽  
Policy Implications ◽  
Historical Research ◽  
Top Down ◽  
Public Discussion ◽  
The Past ◽  
Rule Change

This chapter offers a short summary of policy implications raised by the book’s historical research. It comments on the speed and nature of change; the importance of context and state formation; the vital role of public deliberation as well as official compliance; the politics of anti-corruption; and the socio-cultural dimensions that frame what constitutes corruption in office. It is argued that policies should be bottom-up and deliberative as well as top-down and formal; that anti-corruption is a protracted, political and contested process which involves personal, institutional and systemic issues as well as extensive public discussion of ethical questions; that rule-change is easier to achieve than culture-change but reform requires both; that the art of governance is a balance between trust and distrust of office-holders, and between formal and informal modes of accountability; and that history is useful in offering data about the process of anti-corruption and influence of the past.

scholarly journals ISLAMISERINGEN AF DEN NYE GENERATION: Rapport fra en islamisk skole i Kairo

1998 ◽  
Author(s):  
Lene Kofoed Rasmussen
Keyword(s):  
Private School ◽  
Potential Effect ◽  
Muslim Woman ◽  
Public Order ◽  
Islamic School ◽  
Starting Point ◽  
The Absolute ◽  
The Veil ◽  
New Generation

Lene Kofoed Rasmussen: Islamization of the New Generation. Report from an Islamic School in Cairo The article takes as its starting point the attitudes towards education among female Islamists who are active in an Islamic school in Cairo. It is a private school that aims to be more Islamic than the ordinary governmental school. The women whose positions are quoted in the article are all engaged in Islamism and carry out da'wa, missionary activities, as teachers and/or mothers. These women argue for a moderation of Islamic precepts such as the assertion of the absolute authority of elders, the demand for obedience, the requirement of the veil, and the segregation of genders. Through their work of Islamizing the new generation, the women themselves undergo a process of subjectification; they represent the Muslim woman as an active and responsible subject worthy of imitation. The author argues that a potential effect of the process of subjectification is a new image of the Muslim woman, challenging other potent images prevalent in the Egyptian public, such as the Muslim woman as a temptress and disturber of the public order, and the Muslim woman as a passive victim.

scholarly journals Universidade Autónoma de Lisboa, Programa de Pós-Graduação Stricto Sensu em Ciências Jurídicas. Portugal. Faculdade de Tecnologia e Ciências Itabuna, BA, Brasil.

2019 ◽  
Vol 19 (2) ◽  
pp. 90-95
Author(s):  
Rafael Freire Ferreira
Keyword(s):  
Social Function ◽  
Public Order ◽  
The Social ◽  
Private Autonomy

Este artigo se propõe a analisar o contrato de compra e venda. Para tanto utilizou a referência histórica da comercialização do cacau como forma de ilustrar esta forma de contrato. Esta análise se debruçou na legislação de Portugal e do Brasil, além das referências doutrinárias utilizadas e, principalmente, as raízes principiológicas tão festejadas no direito brasileiro. Percebe-se que a autonomia privada e a força obrigatória dos contratos se apresentam limitados pelos preceitos de ordem pública, pelos bons costumes e pela função social do contrato. Palavras-chave: Contrato. Compra e Venda. Função Social. AbstractThis article proposes to analyze the contract of purchase and sale. For this, historical reference was used  of the commercialization of cocoa in order to illustrate such acontract. This analysis was based on the legislation of Portugal and Brazil, in addition to the doctrinal references used and principally the roots of principles so celebrated in Brazilian law. It is noticed that the private autonomy and the obligatory force of the contracts will be limited by the precepts of public order, by the good customs and by the social function of the contract.  Keywords: Contract. Buy and sell. Social Function. Keywords: Contract. Buy and sell. Social Function. 

Source of Concern or Room for Experimentation?

2016 ◽  
Vol 3 (2) ◽  
pp. 187-223
Author(s):  
Esther van Schagen
Keyword(s):  
Legal Order ◽  
Private Law ◽  
Constitutional Principle ◽  
Starting Point ◽  
State Actors ◽  
Private Autonomy ◽  
Consistent Approach

State actors increasingly involve private parties in the development of binding alternative regulation in private law. This involvement may be welcomed as an exercise of parties’ rights, but private parties may simultaneously limit other parties’ rights. Consequently, state actors have sought to control the influence of private parties particularly in the German legal order, where the constitutional principle of private autonomy is interpreted so as to require the protection of weaker private parties from Fremdbestimmung (hetero-determination) coming from structurally much more powerful private parties. In comparison, while Dutch law generally recognizes principles of private autonomy and the need to protect parties from heterodetermination (‘heteronomie’), so far this has not permeated the Dutch discussion on alternative regulation. The idea of hetero-determination may serve as a starting point for a more active and consistent approach towards the development and limitation of alternative regulation in the Dutch legal order.

PRIVATE AUTONOMY AND MARITAL PROPERTY AGREEMENTS

2010 ◽  
Vol 59 (3) ◽  
pp. 571-603 ◽  
Author(s):  
Anne Sanders
Keyword(s):  
Comparative Approach ◽  
Relationship Analysis ◽  
Starting Point ◽  
Contractual Relationships ◽  
Marital Property ◽  
Financial Consequences ◽  
English Law ◽  
Private Autonomy ◽  
Court Of Appeal

AbstractAfter the Court of Appeal decision in Radmacher v Granatino, the question whether English law should introduce enforceable pre-nuptial or marital property agreements came into focus again. Taking the decision as a starting point, the article argues in favour of introducing such agreements. Adopting a comparative approach, the article explains how such agreements are used in Germany and demonstrates that the idea of private autonomy, which has been regarded as the basis of pre-nuptial property agreements in Germany since the 19th century, can explain why couples should be allowed to make their own decisions with respect to the financial consequences of the breakdown of their relationship. Analysis of the different notions of contract in German and English law as well as comparing marriage with partnerships and other long-term contractual relationships illustrates not only the historical reasons why such agreements have not been allowed so far, but also helps to understand what safeguards the legislator and the judiciary could apply to ensure that parties do not abuse their freedom.

The Ruler’s Monologue: The Rhetoric of the Ottoman Penal Code of 1858

2014 ◽  
Vol 54 (3-4) ◽  
pp. 292-321 ◽  
Author(s):  
Tobias Heinzelmann
Keyword(s):  
Political Communication ◽  
The State ◽  
Penal Code ◽  
Public Order ◽  
Traditional Role ◽  
Western Influence ◽  
Starting Point ◽  
Considerable Impact ◽  
Legal Concepts ◽  
The Guardian

The penal code of 1858 was an important step in Ottoman legislation during the reform period (tanẓīmāt) and had a considerable impact on the concept of the state as the guardian of public order. Through the 20th century the penal code of 1858 was generally interpreted as a “(literal) translation” of the French Code Pénal of 1810 and as evidence for the “western influence” on Ottoman legislation. Recent research has started to question this interpretation, focussed more closely on the normative aspects of the Ottoman penal code and analysed the penal code of 1858 as an adaptation of French law within the context of the Ottoman legal concepts during the tanẓīmāt. In my article I analyse the text as a part of political communication, as a monologue by which the state adresses its subjects. Even if large parts of the Ottoman penal code are translations from the French, the rhetoric patterns and terminology have to be taken seriously. The amalgamation of traditional rhetorics and a new terminology turns out to be a successful strategy to legitimise new legal concepts, which include a new relation between ḳānūn and şerīʿat. In my article I will argue that the state’s traditional role as the guardian of public order is the starting point for the introduction of these new legal concepts.


scholarly journals Problems of legal regulation of public order maintenance and public safety during cultural and entertainment events

2021 ◽  
Vol 2021 (2) ◽  
pp. 126-134
Author(s):  
Roman Avrutin ◽  
Aleksey Shihalov
Keyword(s):  
Public Safety ◽  
Legal Regulation ◽  
Political Life ◽  
Public Order ◽  
Normative Documents ◽  
Starting Point ◽  
Wide Scale ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Political Actions

The article examines certain issues of normative regulation of the procedure for organizing and holding social-political, sports, cultural and entertainment events. The authors point out that the Constitution of the Russian Federation guarantees every citizen a number of rights and freedomsthat include the opportunity to express their thoughts and participate in the political life of the country discussing, accepting or rejecting certain ideas and opinions, participating in meetings, rallies, demonstrations and processions. Realizing the constitutional right to rest citizens participate in cultural and entertainment events, in sports competitions and contests. All these events are close in terms of normative regulation and are defined by legislative acts as wide-scale public actions. It is publicity and mass character, according to the authors, that manifestthe unity of these areas of public life. At the same time, the analysis of existing normative documents in this area carried out in the article reveals a number of existing gaps in the normative regulation of the procedure for organizing and holding cultural and entertainment eventswhich differ in their content from political actions and sports competitions. The revealed problem pointsand the current situation served as a starting point for writing this article, and as a conclusion the authors come up with their solution to the problem of normative regulation of the procedure for organizing and holding mass cultural and entertainment events, maintaining public order and ensuring public safety in the course thereof.

scholarly journals Identidad islámica y orden público: los efectos del matrimonio poligámico en el Sistema Español de Seguridad Social = Islamic identity and public order: the effects of polygamic marriage in the Spanish Social Security System

2019 ◽  
Vol 11 (1) ◽  
pp. 235
Author(s):  
Mª José Cervilla Garzón
Keyword(s):  
Social Security ◽  
General Analysis ◽  
Public Order ◽  
Specific Analysis ◽  
Starting Point ◽  
El Sistema ◽  
Islamic Identity ◽  
The Right ◽  
Social Security Benefits ◽  
The Relationship

Resumen: En este estudio realizamos un análisis general sobre la relación entre la identidad is­lámica y el orden público español, y un análisis específico sobre el posible efecto que la concertación de un matrimonio poligámico pueda tener en el derecho a prestaciones de Seguridad Social en España, tomando como punto de partida que su admisión forma parte de la identidad islámica, pero es contraria a principios constitucionales esenciales como el derecho a la no discriminación. Y ello teniendo en cuenta el conjunto de prestaciones que abarca el Sistema español y con particular atención al criterio de los Tribunales en relación a las pensiones más controvertidas, cuáles son las de viudedad y orfandad.Palabras clave: identidad islámica, poligamia, orden público, Sistema Español de Seguridad Social.Abstract: In this study we realized a general analysis on the relationship between Islamic identity and Spanish public order, and a specific analysis on the possible effect that the conclusion of a polyga­mous marriage may have on the right to Social Security benefits in Spain, taking as starting point that its admission is part of the Islamic identity but is contrary to essential constitutional principles such as the right to non-discrimination. And this taking into account the benefits covered by the Spanish system and with particular attention to the criteria of the Courts in relation to the most controversial pensions, which are those of widowhood and orphanage.Keywords: islamic identity, polygamy, public order, Spanish Social Security System.Resumen: En este estudio realizamos un análisis general sobre la relación entre la identidad is­lámica y el orden público español, y un análisis específico sobre el posible efecto que la concertación de un matrimonio poligámico pueda tener en el derecho a prestaciones de Seguridad Social en España, tomando como punto de partida que su admisión forma parte de la identidad islámica, pero es contraria a principios constitucionales esenciales como el derecho a la no discriminación. Y ello teniendo en cuenta el conjunto de prestaciones que abarca el Sistema español y con particular atención al criterio de los Tribunales en relación a las pensiones más controvertidas, cuáles son las de viudedad y orfandad.Palabras clave: identidad islámica, poligamia, orden público, Sistema Español de Seguridad Social.Abstract: In this study we realized a general analysis on the relationship between Islamic identity and Spanish public order, and a specific analysis on the possible effect that the conclusion of a polyga­mous marriage may have on the right to Social Security benefits in Spain, taking as starting point that its admission is part of the Islamic identity but is contrary to essential constitutional principles such as the right to non-discrimination. And this taking into account the benefits covered by the Spanish system and with particular attention to the criteria of the Courts in relation to the most controversial pensions, which are those of widowhood and orphanage.Keywords: islamic identity, polygamy, public order, Spanish Social Security System.

Crystal structure images of large gold clusters and growing crystals by HRTEM

1984 ◽  
Vol 42 ◽  
pp. 428-429
Author(s):  
L.R. Wallenberg ◽  
J.-O. Bovin ◽  
G. Schmid
Keyword(s):  
Crystal Structure ◽  
Nucleation And Growth ◽  
Close Packing ◽  
Gold Clusters ◽  
Molecular Weight Determination ◽  
Growth Mechanisms ◽  
Starting Point ◽  
Different Types ◽  
Nucleation And Growth Mechanisms ◽  
Points Of View

Metallic clusters are interesting from various points of view, e.g. as a mean of spreading expensive catalysts on a support, or following heterogeneous and homogeneous catalytic events. It is also possible to study nucleation and growth mechanisms for crystals with the cluster as known starting point.Gold-clusters containing 55 atoms were manufactured by reducing (C6H5)3PAuCl with B2H6 in benzene. The chemical composition was found to be Au9.2[P(C6H5)3]2Cl. Molecular-weight determination by means of an ultracentrifuge gave the formula Au55[P(C6H5)3]Cl6 A model was proposed from Mössbauer spectra by Schmid et al. with cubic close-packing of the 55 gold atoms in a cubeoctahedron as shown in Fig 1. The cluster is almost completely isolated from the surroundings by the twelve triphenylphosphane groups situated in each corner, and the chlorine atoms on the centre of the 3x3 square surfaces. This gives four groups of gold atoms, depending on the different types of surrounding.

Two isoprenylated flavonoids from Dorstenia psilurus activate AMPK, stimulate glucose uptake, inhibit glucose production and lower glycemia

2019 ◽  
Vol 476 (24) ◽  
pp. 3687-3704 ◽  
Author(s):  
Aphrodite T. Choumessi ◽  
Manuel Johanns ◽  
Claire Beaufay ◽  
Marie-France Herent ◽  
Vincent Stroobant ◽  
...  
Keyword(s):  
Glucose Uptake ◽  
Human Cancer ◽  
Glucose Production ◽  
Liver Mitochondria ◽  
New Drugs ◽  
Structural Isomer ◽  
Rat Liver Mitochondria ◽  
Ionization Mass ◽  
Ampk Activation ◽  
Starting Point

Root extracts of a Cameroon medicinal plant, Dorstenia psilurus, were purified by screening for AMP-activated protein kinase (AMPK) activation in incubated mouse embryo fibroblasts (MEFs). Two isoprenylated flavones that activated AMPK were isolated. Compound 1 was identified as artelasticin by high-resolution electrospray ionization mass spectrometry and 2D-NMR while its structural isomer, compound 2, was isolated for the first time and differed only by the position of one double bond on one isoprenyl substituent. Treatment of MEFs with purified compound 1 or compound 2 led to rapid and robust AMPK activation at low micromolar concentrations and increased the intracellular AMP:ATP ratio. In oxygen consumption experiments on isolated rat liver mitochondria, compound 1 and compound 2 inhibited complex II of the electron transport chain and in freeze–thawed mitochondria succinate dehydrogenase was inhibited. In incubated rat skeletal muscles, both compounds activated AMPK and stimulated glucose uptake. Moreover, these effects were lost in muscles pre-incubated with AMPK inhibitor SBI-0206965, suggesting AMPK dependency. Incubation of mouse hepatocytes with compound 1 or compound 2 led to AMPK activation, but glucose production was decreased in hepatocytes from both wild-type and AMPKβ1−/− mice, suggesting that this effect was not AMPK-dependent. However, when administered intraperitoneally to high-fat diet-induced insulin-resistant mice, compound 1 and compound 2 had blood glucose-lowering effects. In addition, compound 1 and compound 2 reduced the viability of several human cancer cells in culture. The flavonoids we have identified could be a starting point for the development of new drugs to treat type 2 diabetes.

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