“Because We Are Refugees” – Utilizing a Legal Label

2006 ◽  
Vol 27 (1) ◽  
Author(s):  
Katharina Inhetveen
Keyword(s):  
Refugee Camps ◽  
Legal Concept ◽  
World Polity ◽  
The Core ◽  
Research Material ◽  
Permanent Home ◽  
Micro Level ◽  
To Receive ◽  
Heterogeneous Setting ◽  
International Refugee Regime

AbstractThe contribution challenges and differentiates the debate on neo-institutionalism with an empirical analysis from the core of the international refugee regime. The central point of reference for this comprehensive institutional regime is the legal label ‘refugee.’ To understand processes of proliferation, cultural adoptions, and bypasses of such institutional concepts and rules, it is crucial to study their varying interpretations and uses on the micro-level. This is done here in the case of refugee camps, which represent an organizationally and culturally heterogeneous setting, while its elements are all part of the international refugee regime. Emic modes of interpreting and utilizing this label on camp level are analyzed. Empirically, the contribution is mainly based on research material from a six months field study in two Zambian refugee camps, conducted in 2003.The use of the refugee label as a legal concept equipped with specific rights is only one possibility of employing the concept. It is interpreted in the frame of ‘legalism,’ reasoning that being a refugee, and thus vulnerable, implies certain rights, the fulfillment of which is then claimed. Secondly, camp inhabitants also utilize the refugee label in the interpretative frame of ‘compassionism.’ Applying to the cultural connection between refugees and suffering, they expect to evoke compassion and to receive a pittance. Beside these two utilizations of the ‘refugee’ label, there are also perspectives that do not relate to this institutional concept. In a third interpretation, the situation of encampment in a country of refuge is seen as being a guest, which allows for a temporary acceptance of limitations. Fourthly, some camp inhabitants see the camp not as temporary and extraordinary refuge, but as permanent home, whereby the ‘refugee’ concept becomes largely irrelevant in daily life.Interpreting the results in the realm of the sociological neo-institutionalism, the international refugee regime can be seen as a ‘world polity’ domain. The respective theoretical approach helps to explain where institutionalized figures like the ‘refugee’ come from. However, there are great variations in the ways in which these institutional concepts and rules are employed on the micro-level. Here, ‘world polity’ research leaves an explanatory desideratum. The plurality of interpretations and utilizations of the ‘refugee’ label indicates an active and refractory functioning of the micro-level, rather than an isomorphic enactment of the legal elements of ‘world culture.’

Marine Safety Information

1988 ◽  
Vol 41 (02) ◽  
pp. 242-248
Author(s):  
A. C. Fuller
Keyword(s):  
Safety Information ◽  
World Meteorological Organization ◽  
The Core ◽  
The World ◽  
Marine Safety ◽  
To Receive ◽  
Marine Hazards

Marine Safety Information is defined as the coordinated service of navigational and meteorological warnings, meteorological forecasts and distress alerts.It represents the core information which the Master of a ship is required to receive under the provisions of chapters IV and V of the Safety of Life at Sea Convention (SOLAS).In essence these cover the responsibilities of nations to broadcast messages relating to marine hazards, the obligation placed upon Masters to report such hazards, and to receive messages broadcast about them.Three separate kinds of information are dealt with in the SOLAS Convention. First, Meteorological Services: these are the business of the World Meteorological Organization (WMO), which seeks to coordinate the work of various national meteorological administrations. Unfortunately a multitude of overlapping services and areas have grown up out of an expanding practical requirement and capability. This has resulted in overlap of services and consequent multiplication of effort.

scholarly journals Category Theory as Interpretation Law Model in Artificial Intelligence Era

2021 ◽  
Vol 3 (1) ◽  
pp. 35-47
Author(s):  
Lambrini Seremeti ◽  
◽  
Ioannis Kougias ◽  
Keyword(s):  
Artificial Intelligence ◽  
Category Theory ◽  
Practical Importance ◽  
Social Activity ◽  
Legal Framework ◽  
Social Activities ◽  
The Core ◽  
Everyday Activities ◽  
Micro Level

Nowadays, artificial intelligence entities operate autonomously and they actively participate in everyday social activities. At a macro-perspective, they play the role of mediator between people and their actions, as components of the fundamental structure of every social activity. At a micro-perspective, they can be considered as fixed critical points whose hypostasis is not subject to established legal framework. A key point is that embedding artificial intelligence entities in everyday activities may maximize legal uncertainty both at the macro and micro-level, as well as at the interim phase, i.e., the switch between the two levels. In this paper, we adapt a well-known concept from Category Theory, namely that of the pushout, in order to approximate the core interpretation legal framework of such activities, by considering each level as an open system. The purpose of using Systems Theory in combination with Category Theory is to introduce a mathematical approach to uniquely interpret complex legal social activities and to show that this novel area of artificially enhanced activities is of prime and practical importance and significance to law and computer science practitioners.

Neo-Liberal Governance in Higher Education

2013 ◽  
pp. 204-221
Author(s):  
Paul Morrissey
Keyword(s):  
Knowledge Economy ◽  
Tertiary Education ◽  
The Core ◽  
Research And Teaching ◽  
International Environment ◽  
Micro Level ◽  
New Perspective ◽  
Governance In Higher Education ◽  
Institutional Reputation ◽  
National Systems

This chapter analyzes the emerging trend in tertiary education to manage institutional reputation, and it offers evidence from case studies in developed and emerging economies to support the analysis. The evidence presented suggests that this activity is global in scope and is associated with the ever-increasing competitive environment in which universities and other tertiary colleges find themselves. The management of reputation appears to revolve around the core activities of research and teaching and the development of an international environment, suggesting a convergence of governance at the micro level. The purpose of the chapter is to provide a new perspective on neo-liberal governance in HE, and to show how the current emphasis on international competition and the knowledge economy affects individual institutions in different national systems in different ways. The chapter also points to the challenges that the quest for enhanced reputation may present managers.

10. Privacy, access and exclusion

2013 ◽  
Author(s):  
Kevin Gray ◽  
Susan Francis Gray
Keyword(s):  
Land Rights ◽  
Legal Concept ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
English Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the legal concept of trespass upon land and describes the most common forms of licence known to English law, which include bare licences, contractual licenses, and licenses coupled with an equity or the grant of an interest. It concludes with a review of various other entitlements to enter another's land – rights which are exercisable by anyone merely by virtue of the fact that he or she is a member of the public (or of a section of the public).

Der Kronzeuge im Strafgesetzbuch

2019 ◽  
Author(s):  
Stephan Christoph
Keyword(s):  
Empirical Study ◽  
Online Survey ◽  
Criminal Code ◽  
Legal Norm ◽  
Court Decisions ◽  
Student Survey ◽  
Practical Application ◽  
Legal Concept ◽  
The Core ◽  
First Time

Since 2009, the German criminal code has contained a far-reaching accomplice evidence rule (“Kronzeugenregelung“) in its sec. 46b. In his book, the author deals intensively with different aspects of this recent legal norm. He concentrates both on practical and on dogmatic problems concerning this highly contentious legal concept. In doing so, he critically analyses some of the traditional prejudices towards so-called supergrasses, particularly the compatibility with the principle of the mandatory prosecution of offenses (Legalitätsprinzip) as well as with the principle of guilt (Schuldprinzip). The core of the work is a nationwide empirical study which examines the practical application of the accomplice evidence rule. It contains an online survey among judges, prosecutors, lawyers and policemen, an analysis of court decisions and (for the first time ever) a student survey about the present topic. It is the largest empirical study on accomplice witnesses in Germany so far.

scholarly journals INDIVIDUAL DAN ORGANIZATIONAL UNLEARNING: PROPOSISI HUBUNGAN MODERASI CROSS-LEVEL

2016 ◽  
Vol 1 (1) ◽  
pp. 21
Author(s):  
Henri Dwi Wahyudi
Keyword(s):  
Organizational Behavior ◽  
Innovation Performance ◽  
Macro Level ◽  
New Information ◽  
New Knowledge ◽  
Micro Level ◽  
Multi Level ◽  
Or Organization ◽  
To Receive

Unlearning stripped result old learning to give space for new information and new attitude. Unlearning is undoubtedly for individu or organization to receive new knowledge (herdberg,1981), increase innovation performance (pighin &Marzona,2011) and increase the company abbility to facing  crisis (Starbuck, 1995), this article give six preposision that connect the literature from micro level and macro level use the mediation variable, multi level moderation to explain the fenomena in organizational behavior that don’t have enough support in empirical, individual and organizational unlearning.

scholarly journals Science of the encyclopedia of law in the writings of German jurist Daniel Nettelbladt

2020 ◽  
pp. 76-84
Author(s):  
Oleg Konstantinovich Slobozhaninov
Keyword(s):  
German Idealism ◽  
Legal Concept ◽  
Theoretical Concepts ◽  
Historical School ◽  
The Core ◽  
Legal Science ◽  
Comprehensive Examination ◽  
The Subject ◽  
The Concept Of Law ◽  
Core Idea

 The subject of this research is the identification of legal views of the German jurist Daniel Nettelbladt – a bright representative of science of the encyclopedia of law at the stage of its conception as a science. The source base is comprised of the works of D. Nettelbladt and scientific writings of other legal scholars. The historical legal science does not pay due attention to the ideas and persona of Daniel Nettelbladt. Although, the Russian legal science lacks the monographic research of the political-legal concept of D. Nettelbladt, his scientific writings became the foundation for the Russian and German jurisprudence of the mid XVIII – first quarter of the XIX centuries, until the beginning of the triumph of German idealism (Kant, Hegel) and historical school of law (Hugo, Puchta, Savigny). The scientific novelty is substantiated by the subject and methods of research. The works of Daniel Nettelbladt have not been previously subjected to systemic and comprehensive examination, but his ideas and concepts retain their relevance. The core idea of Daniel Nettelbladt’s encyclopedia of law consists in interpretation of science as a natural law from the rationalistic perspective. He introduced the original theoretical concepts. The author examines the concept of law, jurisprudence, legal system in the context of scholar’s perception. The significance of D. Nettelbladt’s persona and contribution to the development of science of the encyclopedia of law is underlined.

scholarly journals SIMULACRA ASAS PRADUGA TIDAK BERSALAH DALAM INGSUTAN KEWENANGAN PRAPERADILAN

2016 ◽  
Vol 5 (2) ◽  
Author(s):  
Muhammad Rustamaji
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
New World ◽  
Constitutional Court ◽  
Presumption Of Innocence ◽  
Jean Baudrillard ◽  
Legal Concept ◽  
The Core ◽  
Human Effort ◽  
The Mind

<p align="center"><em>A</em><em>b</em><em>s</em><em>tr</em><em>ac</em><em>t</em></p><p><em>d</em><em>i</em><em>e</em><em>d</em><em>. ‘New World’ which Baudrillard calls the ‘Galactic Simulacra’, was struck all life aspects, including law. Dialectics about the pretrial judge over status of a suspect several times ago which is better known as Sarpin’s Effect, and has been abolished with the appearance of  The Constitutional Court Decision Number 21 / PUU-XII / 2014, shows how the reality of the presumption of innocence (APTB) often turns into hyperreality in the application of national law APTB at the pretrial stage, which applies only in textual various issues surrounding the complexity of the legal reality. The competition between the presumption of guilt and innocence, the legal and factual concept in the minds of law enforcement, as well as human values that precede the legality brooded in the Pancasila revolution ala Indonesia human rights, failed to be described due to the simplifying of Presumption of Innocence in monofacet. Therefore, Presumption of Innocence as one of the principles at the core of the formal criminal law, according to Satjipto Rahardjo, it is proper to be conceived as a law manner that does not just stop at reading the text, but continues with the action or human effort. An effort that certainly draining the mind, empathy and courage, which is not purely alles binnen de cadre van de wet.</em></p><p><em>K</em><em>e</em><em>y Words : Presumption of Innocence, normativity, contextuality, the Indonesian way, pretrial</em></p><p align="center">Abstrak</p><p>Jean Baudrillard melalui <em>Simulacra and Simulation </em>(1981) membuat rancangan pikir yang memprediksi bahwa realitas pada akhirnya telah mati. ‘Dunia baru’ yang Baudrillard sebut sebagai ‘Galaksi Simulacra’, ternyata melanda seluruh aspek kehidupan tidak terkecuali hukum. Dialektika tentang praperadilan yang mengadili status tersangka beberapa waktu lalu yang lebih dikenal sebagai <em>Sarpin’s Effect</em>, dan dipungkasi dengan munculnya Putusan MK Nomor 21/PUU-XII/2014, menunjukkan betapa realitas asas praduga tidak bersalah (APTB) acapkali berubah menjadi hiperealitas dalam penerapan hukum nasional. APTB pada tahap praperadilan yang hanya diterapkan secara tekstual dan dipisahlepaskan dari konteksnya, hukumnya. Persaingan antara praduga bersalah dan tidak bersalah, maupun kesenjangan <em>legal concept </em>dan <em>factual concept </em>dalam benak penegak hukum, serta nilai kemanusiaan yang mendahului legalitas yang diperam dalam revolusi Pancasila ala HAM Indonesia, gagal tergambar akibat penyedehanaan APTB yang monofaset. Oleh karenanya, APTB sebagai salah satu asas yang menjadi inti dalam hukum pidana formil, menurut Satjipto Rahardjo, sudah selayaknya dikonsepsikan sebagai cara berhukum yang tidak hanya berhenti pada membaca teks, tetapi melanjutkannya dengan aksi atau usaha (<em>effort</em>) manusia. Suatu usaha yang tentu saja menguras energi, baik pikiran maupun empati dan keberanian yang tidak semata-mata bersifat alles binnen de kader van de wet.</p><p>Kata kunci: asas praduga tidak bersalah, normativitas, kontekstualitas, keindonesiaan, praperadilan.</p>

scholarly journals Stylistic Interpretation of English Football Vocabulary Items and Set Expressions in Publicistic Discourse

2020 ◽  
pp. 61-69
Author(s):  
Alena Štulajterová ◽  
Ivan Laluška
Keyword(s):  
Point Of View ◽  
Stylistic Analysis ◽  
British Isles ◽  
Sports Journalism ◽  
The Core ◽  
The Past ◽  
Research Material ◽  
S Model ◽  
The Guardian ◽  
Contextual Meaning

The paper dwells upon the study of English football vocabulary items and set expressions from the stylistic point of view. We applied Galperin´s model of stylistic analysis in our research,therefore football expressions and phrases are evaluated in terms of their stylistic significance at the phonetic-phonological, lexical and syntactical levels. The linguistic corpus of research material of 670 excerpts comes from printed and online British media, namely the Guardian and its websites. In initial chapters, the paper outlines the past and present of football on the British Isles. As football vocabulary items and set expressions are used by sports journalists and reporters too, we present a concise diachronic and synchronic view of the British sports journalism as the sub-style of publicistic style. The core of the paper is focused on quantitative and qualitative stylistic analysis of the corpus. Furthermore,the corpus of the language material has been analysed according to the football activities related to the most popular sport worldwide. Our research revealed that the scope of the most frequent stylistic devices included in the English football vocabulary has been mainly focused on the lexical level (namely metonymy, metaphor, hyperbole and periphrasis). The results provide some interesting insights into the two-fold application of meaning (primary and transferred/contextual meaning) in the analysed expressions.

scholarly journals The Silenced and Unsought Beneficiary: Investigating Epistemic Injustice in the Fiduciary

2021 ◽  
pp. 1-23
Author(s):  
Helen Mussell
Keyword(s):  
Historical Perspective ◽  
Ethical Issues ◽  
Epistemic Injustice ◽  
Original Formulation ◽  
Legal Concept ◽  
The Core ◽  
Familial Context ◽  
The Impact ◽  
The Relationship ◽  
Shed Light

This article uses philosopher Miranda Fricker’s work on epistemic injustice to shed light on the legal concept of the fiduciary, alongside demonstrating the wider contribution Fricker’s work can make to business ethics. Fiduciary, from the Latin fīdūcia, meaning “trust,” plays a fundamental role in all financial and business organisations: it acts as a moral safeguard of the relationship between trustee and beneficiary. The article focuses on the ethics of the fiduciary, but from a unique historical perspective, referring back to the original formulation of the fiduciary within a familial context to investigate presuppositions regarding agential capabilities, whilst also paying attention to the power mechanism embedded in the trustee–beneficiary relationship. Using Fricker’s theory of pre-emptive testimonial injustice, the analysis elucidates the impact of cumulative beneficiary silencing in contemporary contexts, and the article uncovers ethical issues of an epistemological kind at the core of the fiduciary—of epistemic injustice.

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