scholarly journals Legitimizing Force of Great Narratives in the XXI century

2018 ◽  
Vol 5 (2) ◽  
pp. 79-85
Author(s):  
E G Samokhina
Keyword(s):  
21St Century ◽  
Legal Philosophy ◽  
Legal Argumentation ◽  
Original Form ◽  
Legal Practice ◽  
Legal Decisions ◽  
Legal Science ◽  
Argumentation System ◽  
The Right

This article is devoted to the study of the concept of «great narratives» and their implications for legal philosophy and legal science in the 21st century. The author analyzes the concept of great narratives and the concomitant ideas of unity and totality, given by J.-F. Lyotard, and compares them with similar ideas put forward by other philosophers, in particular, Ch. Perelman. The author also makes an attempt to investigate the argumentation system proposed by J.-F. Lyotard in return for the use of great narratives and evaluate this system in connection with its application in legal science. Noting the problematic approach of Lyotard, within the framework of which, when we refuse the «terror» of great narratives, we find ourselves in a situation where there are no criteria and norms for making decisions, the author of this work acknowledges the contribution of this approach to the development of legal argumentation. This system rests on the important premise that homogeneity and integrity of society is a (dangerous) illusion, which should be eliminated, and in return it is necessary to recognize the right of different groups within society and even separate individuals to be different and to create their own narratives of justice. Of course, this approach is complex and full of contradictions, and the thoughtless introduction of proposals made by J.-F. Lyotard in the legal practice in its original form would be an unjustified step leading to arbitrariness and disorder. However, it seems that some of the provisions of his theory ( for example, the uniqueness of each dispute, the need for argumentation, etc.) could be used in making legal decisions, like the main premises of his theory.

How Not to Go Beyond Marx: A Reply to Worrell and Krier

2016 ◽  
Vol 44 (2) ◽  
pp. 241-257 ◽  
Author(s):  
Tony Smith
Keyword(s):  
Social Theory ◽  
21St Century ◽  
Social Life ◽  
Capitalist Society ◽  
Critical Social Theory ◽  
Sociological Analysis ◽  
General Direction ◽  
Fatal Flaw ◽  
The Right ◽  
Political Imaginary

Worrell and Krier’s ‘Atopia Awaits! A Critical Sociological Analysis of Marx’s Political Imaginary’ raises serious issues regarding Marx’s legacy. They hold that a fatal flaw in Marx’s framework can be detected in his account of a post-capitalist society, which reveals a theoretically impoverished and politically dangerous neglect of essential features of social life. I argue that there are good reasons to reject Worrell and Krier’s thesis that Marx got immensely important things horribly wrong. Marx’s limited remarks on post-capitalist society are certainly inadequate in numerous respects. However, they point in the right general direction, and Worrell and Krier fail to offer a satisfactory alternative. The prospects for a critical social theory adequate to the immense challenges of the 21st century would be harmed if their readers agreed with the paper’s main thesis.

ELECTRONIC MONITORING OF SENTENCED PERSONS IN SLOVAK LEGAL PRACTICE

2020 ◽  
Vol 10 (6) ◽  
pp. 13-30
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Electronic Monitoring ◽  
Slovak Republic ◽  
Legal Practice ◽  
Fourth Section ◽  
Applicable Law ◽  
The Third ◽  
The Right To Privacy ◽  
Good Investment ◽  
Civil Proceedings ◽  
The Right

The work deals with practical issues of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into seven sections. The first section deals with applicable law - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments. The second section analyses types of the control of the enforcement of decisions and their use. The third section introduces the requirements for the control. The fourth section briefly introduces the application of the system in civil proceedings. The fifth section points out at the interference of the control with the right to privacy. The sixth section answers the question if the system was a good investment or a wasting of money. The last seventh section introduces recommendations for policymakers and legal practitioners.

CONCEALED BIRTHS, ADOPTION AND HUMAN RIGHTS LAW: BEING WARY OF SEEKING TO OPEN WINDOWS INTO PEOPLE'S SOULS

2012 ◽  
Vol 71 (2) ◽  
pp. 325-354 ◽  
Author(s):  
Jill Marshall
Keyword(s):  
Human Rights ◽  
Personal Autonomy ◽  
Private Life ◽  
European Convention ◽  
Biological Father ◽  
Legal Decisions ◽  
The United Kingdom ◽  
Biological Family ◽  
The Right ◽  
Confidentiality And Privacy

AbstractAlthough rare, giving birth in secret or in concealed circumstances still happens in the United Kingdom. The new born child's existence is unknown to his or her biological ‘father’ and or to the wider biological family of the birth giver who wishes to place the child for adoption without his or her existence being revealed to them. Legal decisions need to be made judicially when a local authority seeks orders as to whether it is required to make further inquiries to identify and notify the biological father and or wider biological family as to any forthcoming adoption proceedings. Developments in European human rights law's protection of a right to respect one's private life provided by Article 8 of the European Convention on Human Rights (ECHR) towards a right to personal autonomy, identity and integrity can be interpreted in different ways. However, three positions are argued here to guard against an erosion of women's confidentiality and privacy in these circumstances. First, women's choices of concealment should be accepted with respect rather than perceived as inauthentic and therefore impermissible; this is in keeping with Article 2's right to life and Article 8's right to personal autonomy and integrity. Second, the right to family life protected by Article 8 of any wider biological family and father is not contravened by allowing women to give birth discreetly. Third, openness and transparency, when it comes to exact knowledge of one's parents in this context is not necessary for a child's identity rights, which are also protected by Article 8's right to personal identity, to be legally protected.

scholarly journals The Right to Discriminate

2011 ◽  
Vol 13 (2) ◽  
pp. 157-181 ◽  
Author(s):  
Russell Sandberg
Keyword(s):  
Sexual Orientation ◽  
21St Century ◽  
Judicial Review ◽  
Religious Freedom ◽  
Human Sexuality ◽  
Religious Groups ◽  
Broadcast Media ◽  
High Profile ◽  
The United Kingdom ◽  
The Right

The first decade of the 21st century has witnessed a number of controversies surrounding the interaction between law and religion in the United Kingdom. In particular, tensions have emerged between laws protecting religious freedom and those which prohibit discrimination on grounds of sexual orientation. In particular, Parliament has repeatedly examined the scope and ambit of exceptions afforded to religious groups which allow them to discriminate on grounds of sexual orientation when specific conditions are met. And these exceptions have reportedly led to tensions within both the Blair and Brown cabinets and rebukes from the Vatican and the European Commission, criticising the exceptions for being too narrow and too broad respectively. The exceptions have also been challenged by way of judicial review, have been applied or commented upon in a number of high-profile cases and have attracted comment in the print and broadcast media. A number of employees have brought claims asserting that new legal requirements promoting equality on grounds of sexual orientation are incompatible with their religious beliefs. This article seeks to explore the legal changes that have occurred in the first decade of the 21st century affecting religion and sexual orientation with particular reference to how courts and tribunals have dealt with clashes between the two. It discusses the extent to which English law allows religious groups and individuals to follow their own beliefs regarding human sexuality.

scholarly journals The Human Right to Political Participation

2017 ◽  
Vol 7 (2) ◽  
pp. 1-17 ◽  
Author(s):  
Fabienne Peter
Keyword(s):  
Human Rights ◽  
Political Participation ◽  
Political Legitimacy ◽  
Legal Philosophy ◽  
Human Right ◽  
Political Conception ◽  
Recent Developments ◽  
The Right ◽  
Governance Processes ◽  
Central Claim

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights that do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm.

scholarly journals The protection of the preemptive rights of separate and pledge creditors in the case of sales of encumbered property by a direct agreement

2021 ◽  
Vol 38 (1) ◽  
pp. 1-12
Author(s):  
Marijana Dukić-Mijatović ◽  
Vladimir Kozar
Keyword(s):  
Purchase Price ◽  
Legal Practice ◽  
Damage Compensation ◽  
Legal Nature ◽  
Rules Of Procedure ◽  
The Subject ◽  
The Right ◽  
Secured Creditors

The article reviews the regulations of Republic of Serbia, domestic legal practice, as well as the opinions of jurisprudence on the exercise and protection of the preemptive rights of separate and pledge creditors in a bankruptcy proceedings. There has been clarified the legal nature of the preemptive right on the subject of the secured right or lien. There were also provided the details related to the significance of the right of a creditor to set off its secured claim with the purchase price, in the case of a creditor being the best bidder (credit bidding). The article aims to present the manner of exercise of preemptive rights in the case of the method of sales of encumbered property/assets by a direct agreement, as well as the legal instruments the secured creditors may use in the case of its violation. There have been analysed the rules of procedure per lawsuit for annulment of a sale due to the violation of the preemptive rights. The deadline for a lawsuit, the content of the lawsuit which protects the preemptive right as well as the damage compensation right were especially considered.

scholarly journals COMPARISON OF BASIC MAINTENANCE CONCEPTS USING WITNESS

2021 ◽  
Vol 2021 (6) ◽  
pp. 5435-5440
Author(s):  
VLADIMIRA SCHINDLEROVA ◽  
◽  
IVANA SAJDLEROVA ◽  
Keyword(s):  
21St Century ◽  
Simulation Software ◽  
Predictive Maintenance ◽  
Maintenance Management ◽  
Practical Application ◽  
Manufactured Products ◽  
The Right ◽  
Positive Effect ◽  
Production Facilities

Maintenance is a complex, extensive and important issue in terms of its impact on the quality of manufactured products or services provided in all areas of industry. The importance of predictive maintenance for the industry in the 21st century is crucial. However, the right approach to maintenance management is often underestimated in many companies today, although it can have a very positive effect on the company’s efficiency. Using the example of a practical application, the paper includes a comparison of three main maintenance concepts – classical (reactive), planned, predictive through the simulation software Witness. Maintenance concepts are compared in terms of their ability to solve and eliminate failures that occur in production facilities during operation.

scholarly journals The ancient Roman ius vitae ac necis (the right to life and death) and modern abuse of women (femicide)

2020 ◽  
Vol 54 (2) ◽  
pp. 693-708
Author(s):  
Nataša Deretić
Keyword(s):  
Human Rights ◽  
21St Century ◽  
Social Order ◽  
Family Members ◽  
Right To Life ◽  
Life And Death ◽  
Male Sex ◽  
Gender Based ◽  
The Right ◽  
Abuse Of Women

This paper attempts to answer the question as to whether the right to "life and death" of a woman (ius vitae ac necis) at the hands of male family members or partners is indeed a timeless category. Is it possible that in Serbia of the 21st century there is still a struggle to promote the "right to life" of women to the level of "basic human rights"? What contributed to the fact that the concept of innate human dignity based on "human rights", which dates back from the feudal social order, has not as yet fully come to life in Serbia as far as women are concerned. What social circumstances contributed to the Roman ius vitae ac necis to outlive centuries and take root especially in Serbia, only under a different name - that of femicide? This notion has been defined as "gender based murder of women, girls, and babies of female sex by persons of the male sex". The murderers in cases of femicide include partners (ex / current, spouses or extramarital), family members or relatives: father, father-in-law, son, son-in-law, etc. Both expert and general public wander whether enforcing more stringent norms by authorities or acting towards changing the consciousness of the abusers or both at the same time, can contribute to eradicating this devastating phenomenon in the 21st century.

scholarly journals Interrelation of theoretical concepts of jurisprudence and legal practice (using the example of the category «legal subjectity»)

2021 ◽  
pp. 94-99
Author(s):  
V. A. Sichevliuk
Keyword(s):  
Practical Experience ◽  
Correct Interpretation ◽  
Legal Practice ◽  
Public Authorities ◽  
Basic Principles ◽  
Legal Entity ◽  
Theoretical Concepts ◽  
Legal Science ◽  
Organizational Integrity ◽  
Legal Entities

The article discusses the interrelation between theoretical concepts of jurisprudence and legal practice on the exampleof the category «legal subjectity». With an indication of real practical situations, the necessity of implementing the relevant theoretical achievements of legal science in the standards of practical legal activity is justified. It is noted that at the level of practice the integral content of legal categories, principles and other theoretical concepts of jurisprudence is inevitably operationalized and takes the form of terms. At the same time, the requirement for the unambiguity of the latter creates a constant need for practice in interpreting their content. The correct interpretation of the terms involves a combination of the achievements of theory and practical experience. Deviation from this rule leads to errors in terminology and mistakes in the interpretation of law. Attention is drawn to the need of using in the texts of judicial, administrative, contractual, and other documents the correct wording on the legal subjectity of separated units and governing bodies of legal entities. The contradictions of the notion of «complex legal entity» are also highlighted. Examples are given of how the legislative acts of Ukraine in some cases do not correspond to the basic principles of the legal entity institution, allowing the existence in the internal organizational space of legal entities of other legal entities. It is emphasized that this status of structural subdivisions of organizations and public authorities contradicts the need to ensure their organizational integrity as subjects of law, endowed with a complete kind of legal subjectity, namely «personal legal subjectity». Keywords: theoretical concepts of jurisprudence, category «legal subjectity», legal entity, personal legal subjectity, structural division of a legal entity.

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