scholarly journals The End of the Classical Paradigms of Law

2021 ◽  
Vol 5 ◽  
pp. 79-92
Author(s):  
Sylwia Leszczuk ◽  

Goal – the aim of this text is to show the functioning, transformation, convergence and ultimately decline of classical paradigms operating in the legal sphere. Particular attention is focused on the contemporary state of affairs, referring to today’s trends in thought, philosophy and the contemporary way of explaining reality by societies that are carriers of the law. The purpose is to showcase that the today’s changing world is faced with many problems that are completely new to humanity as a whole, and that those problems have the power to affect the legal sphere as well. It proves that despite the belief in the stabilizing function of the law, it itself begins to be questioned, and its iron foundations begin to waver in principle, resulting in spectacular changes in the way we view such non‑negotiable issues as justice, power, order, and the meaning of being. Research methodology – through an analysis of the literature on the subject and by compiling the most important paradigmatic frameworks, a cross‑section of attitudes relevant to understanding the presented issue is made. Score/result – as a result, an observation is made regarding the current state of paradigms operating in the legal sphere. In line with the conclusion, it is stated that in the present world paradigms have mostly lost or are losing their power. They will lose it completely or undergo a transformation. There is also an exhaustion of the power of all grand narratives that must necessarily be taken into account when making any considerations about the embeddedness of law and its validity. Originality/value – the content of the text refers to well‑known paradigms of law that seem to be unshakable elements of Western legal culture. Nevertheless, the analysis of the problems presented in the text shows that the unshakable foundations of law are beginning to degrade, or at least to change, in collision with, above all, contemporary socio‑cultural transformations.

2020 ◽  
Vol 1 (2) ◽  
pp. 1-13
Author(s):  
Babayo Sule

The current state of affairs in the Muslim Ummah called for concern by every conscious Muslim contemporarily. The Islamic civilisation which introduced the whole world into the world of research and development, political organisation, economic prosperity and equality as well as cultural enrichment is now languishing in backwardness and crises. This study analysed the current condition of the Muslim Ummah in the present world based on the predicaments that are bedeviling the Islamic world. The problem is the nature and situation in which all the values and promises of Islamic civilisation are not utilised by the Muslims which threw them into their current comatose condition. The research used secondary sources of data such as the Quran, Hadith, books, journals and reports and statistics from organisations and agencies. The data collected were analysed critically using statistical and descriptive-analytical method to discuss some important themes of the subject matter. The work discovered that the current state of affairs of the Muslim Ummah is undesirable. It is dominated and encircled by internal crises, leadership failure, disunity, economic, political, social, cultural, military and technological backwardness in comparison with their Western counterparts. This has not been natural. The Decline of leadership in the Muslim world, Crusades and colonialism contributed to the predicaments of the Muslim world. The work suggested that the previous generation of Muslims faced trials and tribulations but they persevered and faced the challenges until God have mercy on them and rescue their situation. The same should be adopted by the present Ummah in dealing with its problems


2018 ◽  
Vol 68 (1) ◽  
pp. 105-129 ◽  
Author(s):  
Kendall Mahn ◽  
Chris Marshall ◽  
Callum Wilkinson

Neutrino interactions with nuclei have been the subject of intense interest during the last 15 years. Current and future measurements of neutrino oscillation and exotic physics use order 0.1–10 GeV neutrinos on a range of nuclear targets (12C,16O,40Ar). As the precision of these experiments has increased, information from their detectors and dedicated experiments has indicated deficiencies in the modeling of neutrino interactions on nuclear targets. Here, we present the current state of knowledge about neutrino–nucleus interactions, the challenge of extracting the cross section of these processes, and current experimental puzzles in the field. We also look forward to new and novel measurements and future efforts that seek to resolve these questions.


2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.


Author(s):  
Rastislav Rajnoha

Nowadays, the balanced scorecard (BSC) concept is considered to be a strategic tool for measuring and managing the performance of a company. For this reason, this paper focuses on the presentation of selected research results related to usage of the BSC concept carried out in Czech and Slovak enterprises during the period 2006–2015. A theoretical part of the paper provides a detailed characterisation of the current state of affairs regarding the investigated BSC issue. The following part of the paper defines the basic research methodology and the expected contributions of the study. The fundamental part of the paper provides a presentation of the BSC usage results in Czech and Slovak enterprises. The aim of this paper is also to analyse and synthesise findings regarding the link between the BSC concept and the reward and remuneration system in the companies researched. In the final part of the paper, the survey results are introduced and confronted with those arising from professional studies carried out especially in Germany, Austria and the U.S.A. Keywords: Balanced scorecard, performance mangement, performance measurement.


space&FORM ◽  
2021 ◽  
Vol 45 ◽  
pp. 163-182
Author(s):  
Krystyna Guranowska-Gruszecka ◽  

The subject of the article relates to the current state of affairs of spatial planning system in force in Poland and the possibility to introduce positive changes to it. The author adopted the examples with which she attempts to illustrate the system from her own extensive experience in urban planning, especially in Warsaw, which was assumed as the main research field. In the article, the discussion on the abovementioned planning system starts with the statistics of urban plans made in Warsaw, the scope of social participation and analyzes conducted prior to projects. Then, focus was placed on contemporary trends: functional diversity, land and building ownership, the European Green Deal trend, as well as the necessity for management principles in urban planning and project implementations. The basic assumed research method was to compare the achievements of urban development elements in Poland with similar ones located in countries of Western Europe. In the conclusions, the final summary is presented. It consists in the author’s own recommendations for corrective action for functioning of the spatial planning system in Poland.


2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.


1997 ◽  
Vol 161 ◽  
pp. 49-59
Author(s):  
Theodore P. Snow

AbstractThe diffuse interstellar bands have been recognized for over 75 years, and remain unidentified today. This family of broad interstellar absorption features, now numbering well over 100, has been the subject of a great deal of speculation, intensive observations, and lately has stimulated the interest of chemists as well as astronomers. In this review I briefly summarize the history of the problem and then provide an overview of the current state of affairs. I emphasize recent evidence that the carriers are large molecular species, most likely organic in nature, which are abundant in the diffuse interstellar medium. If so, then the ultimate identification of the responsible species will provide a new window into the detailed chemical and physical properties of the interstellar gas. I also discuss constraints imposed on the carriers by a recent reassessment of the interstellar carbon abundance.


2018 ◽  
Vol 16 (4) ◽  
pp. 971-982 ◽  
Author(s):  
Joanna Radwanowicz-Wanczewska ◽  
Dorota Dąbek

Poland is one of the few countries to have ratified the European Charter of Local Self-Government in full and without reservations. The Polish approach is perceived as a positive example of a country’s response to the challenges resulting from recognizing local self-governments as institutions typical of a political system. This article presents the achievements of the Polish legislator in terms of the law of self-government, including a verification of the efficiency of these achievements in view of local self-governance practice. The degree of implementation of the Charter’s provision in the Polish legal system is also outlined. The article covers not only the issues related to a diagnosis of the current state of affairs, but also several specific proposals, guidelines, and suggestions in terms of improving the existing situation.


2012 ◽  
Vol 10 (H16) ◽  
pp. 356-356
Author(s):  
Misha Haywood

AbstractSecular evolution in disks through angular momentum redistribution of stars induce radial mixing of their orbits. While theoretical studies and simulations now abound on the subject - with various predicted effects: disks growth, flattening of metallicity gradients, possible reversing of the mean age as a function of radius in disk, etc, observational evidences remain sparse. In the Galaxy, possible signatures are searched for in the local distributions of velocities, abundances and ages, or in the variation of large scale chemical gradients with time. I will present the current state of affairs and discuss what kind of evidences is available from data in the Milky Way.


2019 ◽  
Vol 43 (4) ◽  
pp. 556-570
Author(s):  
Gregory Goswell

The key to discovering why David wants to build a house for Yhwh, as well as the reason for the divine refusal, is to be found in a close reading of the opening verse of 2 Samuel 7. This verse is an example of free indirect discourse, namely, the picture of the king’s situation (in his house and at rest) is how David viewed the current state of affairs. On that basis, David considered that the time was ripe for such a project, for he was under the misapprehension that he had achieved rest from his enemies (v.1b), but God revealed through Nathan that the time of rest lay in the future (v.11a). Despite differences in wording, the identical explanation for God’s embargo on temple-building in the time of David is given in the three passages in 1 Kings and 1 Chronicles that broach the subject.


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