scholarly journals Conciencia y Derecho: Conferencia pronunciada por el padrino de la promoción anual de la Facultad de Derecho el día de la festividad de San Raimundo de Peñafort = Awareness and Law: Conference given by the sponsor of the annual promotion of the Faculty of Law on the day of the feast of St. Raimundo de Peñafort

2018 ◽  
pp. 3
Author(s):  
Dionision Llamazares Fernández
Keyword(s):  
Legal System ◽  
Conscientious Objection ◽  
Fundamental Rights ◽  
Freedom Of Conscience ◽  
Legal Studies ◽  
The Social ◽  
The Right ◽  
The Relationship ◽  
Original Component

<p>La relación entre conciencia y Derecho es mucho más estrecha que la que se reduce a los supuestos de objeción de conciencia. Desde una perspectiva transversal, la conciencia es la columna vertebral de los estudios jurídicos, e incluso de la actividad de todos los operadores  jurídicos. El presente artículo desarrolla tres aspectos de esta relación: la presencia protagonista del derecho de libertad de conciencia en el <em>pacto por la convivencia</em>, base misma del  Derecho; su  presencia igualmente protagonista en la vertebración de las libertades públicas y de los derechos fundamentales (derechos subjetivos); y su papel como principio informador de la estructura y dinamismo del ordenamiento. Finalmente, el artículo concluye subrayando el papel trascendental del derecho a la libre formación de la conciencia como elemento integrante básico y original del derecho de libertad de conciencia.</p><p>The relationship between the conscience and the law is not limited to cases of conscientious objection. From a transversal perspective, conscience is the backbone of legal studies and the activity developed by legal operators. This paper studies three aspects of the relationship between conscience and Law: the right of freedom of conscience in the social coexistence pact, which in one of the bases of the legal system; the presence of freedom of conscience in the organization of the model of public liberties and fundamental rights; and the role of freedom of conscience as an informing principle of the legal system Finally, the paper concludes underlining the transcendental role of the right to the free formation of conscience, as a basic and original component of the right to freedom of conscience.</p>

scholarly journals POSTRZEGANIE ZWYCZAJÓW ODNOSZĄCYCH SIĘ DO OBOWIĄZKU ZACHOWANIA POUFNOŚCI W ARBITRAŻU. ANALIZA WYNIKÓW ANKIETY PRZEPROWADZONEJ PRZEZ SĄD ARBITRAŻOWY LEWIATAN WŚRÓD POLSKICH PRAKTYKÓW ARBITRAŻOWYCH

2016 ◽  
Vol 13 (3) ◽  
pp. 89
Author(s):  
Beata Gessel-Kalinowska vel Kalisz
Keyword(s):  
Public Opinion ◽  
Legal System ◽  
Uniform Norm ◽  
Professional Group ◽  
Controversial Issues ◽  
The Social ◽  
The Subject ◽  
The Right ◽  
Confidentiality And Privacy

THE PERCEPTION OF THE PRACTICE OF CONFIDENTIALITY IN ARBITRATION. AN ANALYSIS OF THE RESULTS OF A SURVEY CARRIED OUT BY THE LEWIATAN COURT OF ARBITRATION AMONG POLISH ARBITRATION PRACTITIONERS Summary As with numerous other systems of law, such as Norwegian, Swedish or Australian law, the Polish legal system does not have a clear and uniform norm of law governing confidentiality and privacy in arbitration. Public opinion frequently refers to the role of custom as the source of the obligation to preserve confidentiality, although usually it does so without a detailed analysis of the subject and object of this obligation. This fact provided the inspiration for a survey carried out among Polish arbitration practitioners. The results of the survey present an interesting picture of what is subjectively perceived by arbitration practitioners as forming part of the confidentiality canons in arbitration proceedings. In principle, they reflect the worldwide trends, i.e. as far as the object of the confidentiality obligation is concerned – in camera sessions and the confidentiality of awards, and as regards its subject – the confidentiality obligation imposed on arbitrators and arbitration institutions. In addition, the customary practice of keeping confidential any information obtained in the course of proceedings is perceived as the right conduct as far as the object of the obligation is concerned. One of the very controversial issues is the matter of parties’ responsibilities, which leads to further questions as to individual arbitrators’ membership of the social (professional) group known as “arbitration practitioners”.

The Use of Blood Money in the Establishment of Non-Justice: Necrodomination and Resistance

2019 ◽  
pp. 160-186
Author(s):  
Cem Özatalay ◽  
Gözde Aytemur Nüfusçu ◽  
Gülistan Zeren
Keyword(s):  
Social Hierarchy ◽  
Judicial Process ◽  
The Social ◽  
Blood Money ◽  
Perpetrators And Victims ◽  
The One ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The use of blood money by powerful people during the judicial process following different kinds of homicides (workplace homicides, state homicides, gun homicides and so on) has become commonplace within the neoliberal context. Based on data obtained from five cases in Turkey, this chapter shows, on the one hand, how the use of blood money serves as an effective tool in the hands of powerful people to consolidate power relations, particularly necropower, as well as the relationship of domination, which rests upon class and identity-based inequalities. The analysis indicates that the blood money offers made by powerful people allows them to minimize potential penalties within penal courts and also to keep their privileged positions in the social hierarchy by purchasing the ‘right to kill’. On the other hand, the resistance of the oppressed and aggrieved people to the subjugation of life to the power of death is analysed with a particular focus on the role of power asymmetries between perpetrators and victims and their unequal positions in the social hierarchy. This conflictual relationship, which we qualify as an expression of necrodomination, offers novel insights into Turkey’s historically shaped system of domination.

scholarly journals Features of the legal assessment of remote fraud

2019 ◽  
pp. 226-230
Author(s):  
Pavel L. Pavel L. Serdyuk
Keyword(s):  
Russian Federation ◽  
Insurance Industry ◽  
Criminal Code ◽  
Social Sphere ◽  
Legal Assessment ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
The Relationship

The article discusses the most difficult issues arising in the qualification of remote fraud in the field of computer information. The article examines the relationship to the composition of fraud of such methods of fraud and breach of trust, such as the destruction, blocking, modification or copying of computer information in order to steal someone else’s property or obtain the right to someone else’s property. The investigated composition of fraud is distinguished from such adjacent compositions as fraud using electronic means of payment (art. 1593 of the Criminal code of the Russian Federation), fraud in the insurance industry (art. 1595 of the Criminal code of the Russian Federation), etc. The role of the social sphere in determining the degree of danger of computer fraud as well as possible errors in the qualification of art. 1596 in conjunction with other articles of the Criminal code of the Russian Federation.

scholarly journals Whose Autonomy is it Anyway? Freedom of Contract, the Right to Work and the General Principles of EU Law

2019 ◽  
Vol 49 (3) ◽  
pp. 285-317
Author(s):  
Niall O’Connor
Keyword(s):  
Fundamental Rights ◽  
Eu Law ◽  
Freedom Of Contract ◽  
Legal Studies ◽  
Right To Work ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Relationship ◽  
The Eu

Abstract Just how significant is the freedom of contract found in Article 16 of the EU Charter of Fundamental Rights for the regulation of the employment relationship? For the first half of its existence, few could have foreseen that Article 16 would soon be at the centre of debates surrounding the place of business freedoms within EU employment law. This has changed in the wake of a number of controversial decisions in which the Court of Justice of the EU relied on Article 16 to undermine the effectiveness of employee-protective legislation. The article begins by setting out the nature of freedom of contract in EU law and its effects in the employment context. This is followed by a consideration of the relationship between the general principles and the Charter. Critical Legal Studies is relied on to show that existing arguments as to the use of Article 16 as a radical tool in the employment context have been both exaggerated and underplayed. Finally, potential counterweights to freedom of contract are examined, notably the right to work as both a general principle and Charter right.

scholarly journals Social-family development: integral culture for the formation of the children of the zero program always in the municipality of Pamplona

2019 ◽  
Vol 11 (11) ◽  
pp. 31-43
Author(s):  
Fredy Andrés Cruz - Vega ◽  
Luz Eliana Figueroa - Granados
Keyword(s):  
Rural Areas ◽  
Primary Objective ◽  
Point Of View ◽  
Structured Interviews ◽  
The Social ◽  
The Right ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship

The research makes it possible to recognize the judgments of the users who are enrolled in the zero to always family modality and, in turn, establish the relationship they give to the program in the training of their children. The use of qualitative research for this proposal contributes or it establishes the relationship of describing and giving points of view to problems of the social educational and experiential context, the primary objective was to determine the degree of use by users of the program from zero to always family modality, in the municipality of Pamplona. It can be said that the application of this research contributes in part to diagnosing from a personal point of view the impact generated by the program in the training of minors, evidencing in it the theoretical, political and real positions in order to make them aware of the importance of training of children. The instruments used for families in certain rural areas who are the objects of study were semi-structured interviews; validated by experts from the area, they managed to produce key information for the analysis and triangulation. Thanks to the analysis units and the categories established in the interview, it was possible to focus and provide solutions to the objectives set, demonstrating the perception that the beneficiaries of the program of zero They always have in relation to the operation in rural areas of Pamplona. With the information obtained it is clear to establish the conformity of the operation of the program in terms of the role of care for families, the training of minors and the integration of society is thus how the show is getting on the right tide.

Mediasi Kepuasan Kerja dan Stres Kerja pada Hubungan antara Program Jamsostek dan Kinerja Karyawan Studi Kasus pada Perusahaan Swasta di DIY dan Solo

2013 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Eny Sulistyowati ◽  
Totok Danangdjojo
Keyword(s):  
Job Satisfaction ◽  
Social Security ◽  
Job Stress ◽  
Work Stress ◽  
Program Performance ◽  
Social Security Program ◽  
Mediating Role ◽  
The Social ◽  
The Relationship

<span><em>This study aims to explain the influence of the Social Security </em><span><em>program on performance and job satisfaction and job stress as a mediating </em><span><em>variable. In addition, this study also describes the effect of job satisfaction on </em><span><em>the performance and the effect of work stress on performance. The relationship of </em><span><em>each variable in this research is to be measured by conducting a survey on 145 </em><span><em>employees of private companies that included in Social Security program on </em><span><em>DIY and Solo. Then the path analisys used to test the effect of social security </em><span><em>program performance in mediation by job satisfaction, performance and job stress</em><span><em>, job satisfaction, and examines the effect on the performance and the effect of </em><span><em>work stress on performance. The results showed that the social security program </em><span><em>significant positively affects job satisfaction and performance. Job satisfaction was </em><span><em>also positively and significantly affect performance. Even though mediating role </em><span><em>of job satisfaction in the relationship between social security program performance </em><span><em>partial. Because merely direct relationship between social security program with </em><span><em>greater performance than the mediating role of job satisfaction. Social Security </em><span><em>program did not significantly affect the stress of work, as well as job stress did </em><span><em>not significantly affect performance. Therefore, the mediating role of work stress </em><span><em>on the relationship between social security program with the performance did not </em><span><em>occur. Individual differences and work experience may be a factor that causes no </em><span><em>significant relationship between the two variables.</em></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span>

Patent Foramen Ovale, the Role of Antiplatelet Therapy Alone or Anticoagulant Therapy Alone Versus Device Closure for Cryptogenic Stroke: A Review of the Literature and Current Recommendations

2020 ◽  
Vol 18 (2) ◽  
pp. 135-150
Author(s):  
Harsha S. Nagarajarao ◽  
Chandra P. Ojha ◽  
Archana Kedar ◽  
Debabrata Mukherjee
Keyword(s):  
Patent Foramen Ovale ◽  
Cryptogenic Stroke ◽  
Narrow Channel ◽  
Paradoxical Embolism ◽  
Current Evidence ◽  
Foramen Ovale ◽  
The Right ◽  
The Relationship ◽  
Current Guidelines

: Cryptogenic stroke and its relation to the Patent Foramen Ovale (PFO) is a long-debated topic. Recent clinical trials have unequivocally established the relationship between cryptogenic strokes and paradoxical embolism across the PFO. This slit-like communication exists in everyone before birth, but most often closes shortly after birth. PFO may persist as a narrow channel of communication between the right and left atria in approximately 25-27% of adults. : In this review, we examine the clinical relevance of the PFO with analysis of the latest trials evaluating catheter-based closure of PFO’s for cryptogenic stroke. We also review the current evidence examining the use of antiplatelet medications versus anticoagulants for stroke prevention in those patients with PFO who do not qualify for closure per current guidelines.

The Role of the Judiciary and Its Relationship to the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Legal System ◽  
Amicus Curiae ◽  
Persons With Disabilities ◽  
Legal Duty ◽  
The Relationship ◽  
Do So

This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.

scholarly journals “When” Does It Pay to Be Good? Attributions Mediate the Way CSR Elements Impact on Consumer Responses, and Are Controllable

2021 ◽  
Vol 13 (11) ◽  
pp. 5869
Author(s):  
Athanasios Krystallis ◽  
Vlad Zaharia ◽  
Antonis Zairis
Keyword(s):  
Past Research ◽  
Consumer Response ◽  
Multiple Mediation ◽  
Consumer Responses ◽  
Mediating Role ◽  
Consumer Attributions ◽  
The Right ◽  
The Relationship ◽  
Experimental Survey

Responding to the appeal for more research on the contingencies that shape the relationship between CSR and corporate performance, this paper incorporates environmental CSR, sets up an experimental survey and employs multiple mediation analysis with the aim to test the mediating role of consumer attributions on the CSR elements–consumer responses relationship; and further to examine the degree to which attributions are controllable, i.e., specific CSR elements activate specific type of attributions. Results support that attributions have a strong predicting power on consumer outcomes. The right time of appearance and the appropriate amount of resources committed to a CSR campaign, through the dual type of attributions they activate (more positive, i.e., values-driven and less negative, i.e., egoistic), impact positively on consumer reactions. In this respect, the study adds to past research showing that attributions are controllable, i.e., specific CSR initiative characteristics of a impact on the dimensionality of attributions and, through that, on specific target-types of consumer responses. This study thus shows that the activation of a dual-level attributions’ system is ambivalent, dependent on the character of the CSR campaign. The fact that specific CSR elements (i.e., CSR Timing) activate dual-level CSR motives that act complementarily indicates that managers should be clear about the capabilities of the elements of their CSR initiatives and how much impact they expect those elements to have on consumer response.

The Failure of Functional Theologies of Ministry and the Promise of a Relational Alternative

Ecclesiology ◽  
2005 ◽  
Vol 1 (3) ◽  
pp. 27-43
Author(s):  
Graham Buxton
Keyword(s):  
Pastoral Theology ◽  
Pastoral Ministry ◽  
Theory And Practice ◽  
Theological Method ◽  
Systematic Theology ◽  
The Social ◽  
Practical Ministry ◽  
Pastoral Theory ◽  
The Relationship

AbstractThe author critiques inductive approaches to pastoral theology that rely on the empirical methodology of the social and human sciences, and presents an alternative Christocentric praxis model of pastoral ministry. The result is an attempt to integrate pastoral theory and practice that shifts the perspective away from functionally-determined theologies of ministry to a relationally oriented and hermeneutically coherent model of orthopraxis in which theory and practice interact in a way that is intended to both deepen faith and transform lives. Some of the key themes that inform the discussion are the importance of theological method, the role of the community as the context for care, the relationship between practical ministry and systematic theology, and the notion of praxis in articulating the nature and scope of practical theology today.

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