scholarly journals A Brief Historical and Legal Essay on “Economic Constitutions”

2018 ◽  
Vol 6 (3) ◽  
pp. 172-199 ◽  
Author(s):  
Igor Levakin ◽  
Daria Trifonova

This article explores constitutional regulation as it relates to the foundation of economic relations. The proper norms and divisions of the basic laws (constitutions) of states are analyzed from the historical and legal point of view: the authors develop an idea of“economic constitutions.” This conception is based on the ideas of American and European economists and lawyers, including the works of the Nobel-prize winner James Buchanan, the author of the conception of “constitutional economy.” The analysis of the individual, the most obvious norms of “economic constitutions” is made in their evolution. The common regularities of formation, development, and functioning of “economic constitutions” are researched. “Economic constitutions” are considered as the immanent legal expression of material conditions of life of communities. The research is based on the criteria of the correspondence of “economic constitutions” with the demands of social economic development of state organized communities. The genesis of “economic constitutions” of the USA, France, Germany and other states, for example, Latin American states are researched. Special attention is paid to “economic constitutions” of socialist and postsocialist states, especially to the “economic constitution” of the Russian Federation. The peculiarities in the development of the newest “economic constitutions” based on the basic laws of Finland and Switzerland are revealed. The authors develop an idea that “economic constitutions” are not limited to the questions of the influence of a state on an economy and of the determination of the borders of state regulation. Economic rights and freedoms, questions of interrelations of labor and capital, financial system, taxation, etc. are considered as the components of “economic constitutions.” Taken into account is that modern international standards are refused from the secondary role of the social economic rights of mankind. The conclusion is made about the interrelationship of the progress of “economic constitutions” and socialeconomic rights in the information society that are able to ensure the fundamentally new level of a direct democracy in the management of a state.

Author(s):  
Francisco Segado-Boj ◽  
Juan-José Prieto-Gutiérrez ◽  
Jesús Díaz-Campo

This paper studies the social structure of Spanish and Latin American communication researchers through the representation and analysis of three coauthorship networks at the national, institutional, and individual level. Such networks are built from papers indexed in the ‘Communication’ category by Web of Science and published between 2000 and 2019 by authors attached to a Spanish or Latin American institution (n = 5,040). The goal is to characterize the structural features of each network, identify the most central actors, and illustrate the most relevant relationships among nodes. The results show that the most central country is Spain, followed by the USA and other European nations. Among the Latin American states, Brazil, Chile, and Mexico are placed at the most relevant nodes. Latin American collaboration is preferentially addressed to the USA, especially since 2015. Regarding institutions, Spanish public universities in Madrid and Catalonia achieve the highest degrees of centrality. However, the most central Latin American institutions are private universities. The most relevant authors are Spanish researchers until 2015, when they are replaced at the top by Latin American scholars. Collaboration at both the individual and institutional levels shows a deep regional tendency, while the internationalization of researchers and universities is only more visible since 2015. This work identifies a tendency towards internal cohesion at different network levels as the number of connected nodes grows in each period. We conclude that a proper Spanish-Latin America community of communication researchers does not exist. Resumen Se aborda la estructura social de la comunidad española y latinoamericana de investigadores en Comunicación. Para ello se representan y analizan las redes de coautorías en tres niveles: naciones, instituciones y autores. Estas redes se construyen a partir de los artículos de revistas indexadas en la Web of Science categorizadas dentro del área “Communication” y publicados entre 2000 y 2019 por autores con afiliación a un centro español o latinoamericano (n = 5.040). Se busca así caracterizar estructuralmente cada red, identificar los actores más centrales y delimitar las relaciones más relevantes entre los nodos y medir la cohesión de la red, así como trazar la evolución de las coautorías en el período analizado. Los resultados muestran que el país más central es España, seguido por Estados Unidos y otras naciones europeas. Entre los estados latinoamericanos, Brasil, Chile y México ocupan los lugares más relevantes. La colaboración de Latinoamérica se dirige preferentemente hacia Estados Unidos, especialmente a partir de 2015. En cuanto a las instituciones, las universidades públicas madrileñas y catalanas destacan por su centralidad. Por el contrario, las universidades latinoamericanas más centrales son centros privados. Respecto a los autores, los más centrales son especialmente investigadores españoles, pero a partir de 2015 son reemplazados en los puestos más relevantes por autores latinoamericanos. No obstante, la colaboración, tanto institucional como individual, es marcadamente regional. La internacionalización de individuos e instituciones sólo se hace más visible a partir de 2015. Se identifica una tendencia a la cohesión interna de las redes en sus distintos niveles en tanto que aumenta el número de nodos conectados entre sí. Se concluye que no existe una comunidad propiamente hispano-latinoamericana de investigación en Comunicación.


Author(s):  
Sergey V. Potapenko ◽  
◽  
Vladimir A. Sementsov ◽  

The article notes that sufficient reimbursement for injury to victims of crime is an urgent and global issue, for which solution international legal standards, which are regarded as general-ly recognized principles and regulations of international law and international treaties, as well as enactments containing their official interpretation, are significant. The article critically evaluates the point of view of some individual scientists who deny the need to stipulate the civil claim concept the in the Code of criminal procedure of the Russian Federation as it exists in modern Russian criminal proceedings not only due to the historical experience of the legislator, have long appreciated the evident advantages of the united proce-dure, but also in its consistency with foreign trends in the development of this concept, aimed at ensuring the implementation of international standards in the sphere of promotion and pro-tection of the human and civil rights. Despite the fact that the legislator applies different concepts in determining the conse-quences of torts (including crimes) in the regulations of substantive and procedural law as follows: harm and damage, there has been concluded that it is the injury (property or moral) that constitutes the attribute of obligations caused by the injury infliction, which allows the term to be used legitimately when covering issues of reimbursement for injury in criminal proceedings. Taking into account that a civil claim in criminal proceedings is a way to reimburse not only property, but also moral damage caused by a crime, the most urgent issues that need to be resolved are identified as follows: 1) lack of general doctrinal approaches to determining moral injury and its correlation with other types of injury; 2) inconsistency of the current investigative and judicial practice in determining the amount of compensation for moral injury; 3) ineffectiveness of procedural mechanisms for compensation for moral injury caused by a crime. The current judicial practice of refusing to satisfy claims for reimbursement of moral injury in the case of a crime against property, in the absence of violence against the victim and other actions affecting the life, health, and dignity of the individual has been recognized as not complying with the requirements of the law regulating the status of the victim and the civil plaintiff. According to the authors' point of view, the lack of unified approach to determining of the amount of moral injury caused by crimes is due to the evaluative nature of its definition, when there are no clear estimative criteria, which leads to a tendency to reduce the amount of reim-bursement, although reimbursement for moral injury in an adequate amount would more guarantee the restoration of violated rights of citizens in the sphere of criminal proceedings. Since moral injury can be the result not only of a crime, but also of illegal criminal prose-cution or illegal conviction of a person involved in its commission, it is necessary to establish a unified amount of reimbursement for the injury.


2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 601-611
Author(s):  
Anzhela Vorobyeva ◽  
Maria Fokina

Nowadays there are great quantities of academic courses in which political discourse is being studied. The present paper analyzes the teaching of American political discourse in Russian academic areas as an actualization of the most important aspects of both the cultural features and the historical background of the USA influencing not only vocabulary but semantics as well. We have selected 5 speeches of the former and current presidents of the USA to analyze their way of speaking from the linguistic point of view. We confirmed the hypothesis that language cannot be learnt without country’ background, history and culture. Hence, we have implemented some exercises developing oral, writing, listening and reading skills. We have reckoned the individual features of our students as well as the field of their interests using a communicative approach. The following exercises are integrated in courses of English for political purposes in RUDN University.


2019 ◽  
pp. 65-69
Author(s):  
V. E. Komov ◽  
A. E. Sibiryaev

The issues of development and regulation of transport infrastructure of Moscow from the point of view of the experience of the world’s megacities have been considered. The advantages and disadvantages of the city transport system of Moscow have been adduced, and the necessity of its improvement has been substantiated. The importance of state regulation in this sphere has been emphasized. Successful foreign experience of the European Union, Japan, New Zealand, China, Singapore, the USA and others megacities in the context of its application in large cities of Russia has been examined.


2021 ◽  
Vol 28 (47) ◽  
pp. 77-92
Author(s):  
Katharina Schembs

While the first half of the 20th century was mainly characterized by the importation of urban planning models from Europe and the USA to Latin America, the 1960s represent a turning point: In the context of different development theories, local planners first started to emphasize the supposed structural similarities of Latin American cities and then their parallels with other cities of the Global South. Social theorists, economists and urbanists of the time conceptualized cities not only as litmus tests of the developmental stage of the individual country, but also as motors to enable economic progress. Analyzing different Latin American architectural and urban planning publications, the article traces references toother Latin American and “Third-World” countries that grew in size in the course of the 1960s. In some cases, this even led to South-South contacts in the field of urban planning to the research of which this article is a start.


2019 ◽  
pp. 22-29
Author(s):  
Н. В. Фрадкіна

The purpose and tasks of the work are to analyze the contemporary Ukrainian mass culture in terms of its value and humanistic components, as well as the importance of cultural studies and Ukrainian studies in educational disciplines for the formation of a holistic worldview of modern youth.Analysis of research and publications. Scientists repeatedly turned to the problems of the role of spirituality in the formation of society and its culture. This problem is highlighted in the publications by O. Losev, V. Lytvyn, D. Likhachev, S. Avierintsev, M. Zakovych, I. Stepanenko and E. Kostyshyn.Experts see the main negative impact of mass culture on the quality approach, which determines mass culture through the market, because mass culture, from our point of view, is everything that is sold and used in mass demand.One of the most interesting studies on this issue was the work by the representatives of Frankfurt School M. Horkheimer and T. Adorno «Dialectics of Enlightenment» (1947), devoted to a detailed analysis of mass culture. Propaganda at all socio-cultural levels in the form is similar in both totalitarian and democratic countries. It is connected, according to the authors, with the direction of European enlightenment. The tendency to unify people is a manifestation of the influence of mass culture, from cinema to pop. Mass culture is a phenomenon whose existence is associated with commerce (accumulation in any form – this is the main feature of education), in general, the fact that it exists in this form is related to the direction of the history of civilization.Modern mass culture, with its externally attractive and easily assimilated ideas and symbols, appealing to the trends of modern fashion, becomes a standard of prestigious consumption, does not require intense reflection, allows you to relax, distract, not teach, but entertains, preaches hedonism as the main spiritual value. And as a consequence, there are socio-cultural risks: an active rejection of other people, which leads to the formation of indifference; cruelty as a character trait; increase of violent and mercenary crime; increase in the number of alcohol and drug addicts; anti-patriotism; indifference to the values of the family and as a result of social orphanhood and prostitution.Conclusions, perspectives of research. Thus, we can conclude that modern Ukrainian education is predominantly formed by the values of mass culture. Namely, according to the «Dialectic» by Horkheimer and Adorno, «semi-enlightenment becomes an objective spirit» of our modern society.It is concluded that only high-quality education can create the opposite of the onset of mass culture and the destruction of spirituality in our society. It is proved that only by realizing the importance of cultivating disciplines in the educational process and the spiritual upbringing of the nation, through educational reforms, humanitarian knowledge will gradually return to student audiences.Formation of youth occurs under the influence of social environment, culture, education and self-education. The optimal combination of these factors determines both the process of socialization itself and how successful it will be. In this context, one can see the leading role of education and upbringing. It turns out that the main task of modern education is to spread its influence on the development of spiritual culture of the individual, which eventually becomes a solid foundation for the formation of the individual. Such a subject requires both philosophical and humanitarian approaches in further integrated interdisciplinary research, since the availability of such research will provide the theoretical foundation for truly modern educational and personal development.


2020 ◽  
Vol 29 (4) ◽  
pp. 556-563
Author(s):  
Adam Burley

This is a personal and reflective piece written from a clinician's point of view on the influence that the developing awareness around the consequences of childhood adversity has had upon the discussions, thinking and practice across the areas in which they are working. It seeks to argue that the increased understanding and recognition of the potential impact of early adversity can not only enhance and deepen the understanding of an individual's difficulties, but can serve to inform how services respond in a way that takes account of this. It suggests that the research and literature on childhood adversity can offer a route map away from a model of mental health that focuses predominantly on the individual as the sole source of interest.


2010 ◽  
Vol 39 (2) ◽  
pp. 34-36
Author(s):  
Vaia Touna

This paper argues that the rise of what is commonly termed "personal religion" during the Classic-Hellenistic period is not the result of an inner need or even quality of the self, as often argued by those who see in ancient Greece foreshadowing of Christianity, but rather was the result of social, economic, and political conditions that made it possible for Hellenistic Greeks to redefine the perception of the individual and its relationship to others.


Author(s):  
Vitaly Lobas ◽  
◽  
Elena Petryaeva ◽  

The article deals with modern mechanisms for managing social protection of the population by the state and the private sector. From the point of view of forms of state regulation of the sphere of social protection, system indicators usually include the state and dynamics of growth in the standard of living of the population, material goods, services and social guarantees for the poorly provided segments of the population. The main indicator among the above is the state of the consumer market, as one of the main factors in the development of the state. Priority areas of public administration with the use of various forms of social security have been identified. It should be emphasized that, despite the legislative conflicts that exist today in Ukraine, mandatory indexation of the cost of living is established, which is associated with inflation. Various scientists note that although the definition of the cost of living index has a well-established methodology, there are quite a lot of regional features in the structure of consumption. All this is due to restrictions that are included in the consumer basket of goods and different levels of socio-economic development of regions. The analysis of the establishment and periodic review of the minimum consumer budgets of the subsistence minimum and wages of the working population and the need to form state insurance funds for unforeseen circumstances is carried out. Considering in this context the levers of state management of social guarantees of the population, we drew attention to the crisis periods that are associated with the market transformation of the regional economy. In these conditions, there is a need to develop and implement new mechanisms and clusters in the system of socio-economic relations. The components of the mechanisms ofstate regulation ofsocial guarantees of the population are proposed. The deepening of market relations in the process of reforming the system of social protection of the population should be aimed at social well-being.


2020 ◽  
Vol 11 (3) ◽  
pp. 112-152
Author(s):  
Busiso Helard Moyo ◽  
Anne Marie Thompson Thow

Despite South Africa’s celebrated constitutional commitments that have expanded and deepened South Africa’s commitment to realise socio-economic rights, limited progress in implementing right to food policies stands to compromise the country’s developmental path. If not a deliberate policy choice, the persistence of hunger, food insecurity and malnutrition in all its forms is a deep policy failure.  Food system transformation in South Africa requires addressing wider issues of who controls the food supply, thus influencing the food chain and the food choices of the individual and communities. This paper examines three global rights-based paradigms – ‘food justice’, ‘food security’ and ‘food sovereignty’ – that inform activism on the right to food globally and their relevance to food system change in South Africa; for both fulfilling the right to food and addressing all forms of malnutrition. We conclude that the emerging concept of food sovereignty has important yet largely unexplored possibilities for democratically managing food systems for better health outcomes.


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