scholarly journals Tsintsadze Nina S. Associate Professor of the Department of Theory and History of State and Law of the Derzhavin Tambov State University PhD (History), Associate Professor

2020 ◽  
Vol 11 ◽  
pp. 19-26
Author(s):  
Nina S. Tsintsadze ◽  
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Attorney General ◽  
Associate Professor ◽  
State University ◽  
Court Reform ◽  
Legal Proceedings ◽  
History Of ◽  
Xix Century

In the article the content of the draft reform of the arbitration court, prepared on behalf of Emperor Alexander I G.R. Derzhavin is analyzed in detail. As sources, both published and archival materials were used. The attitude of contemporaries and descendants to this project was ambiguous. Lawyers controversially evaluated the project of the Minister of Justice and the Attorney General of the Senate. Many of them drew attention to the complexity of the proposed methods of arbitration of legal disputes. It is noted that for the beginning of the XIX century this project of reorganization of the arbitration court was rather bold, as it allowed publicity, wordlessness, openness of legal proceedings. In many ways Derzhavin’s proposals were ahead of time. The conclusion is drawn about the relevance of the project in the context of modern court reform and the expansion of the practice of alternative dispute resolution methods.

scholarly journals The Paradoxical Use of the Term Sulh: An Analytical Study from Quranic Perspective

2020 ◽  
Vol 16 (1) ◽  
pp. 1-14
Author(s):  
Muhammad Rafiqul Hoque ◽  
Muhammad Mustaqim Mohd Zarif
Keyword(s):  
Qualitative Study ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Analytical Study ◽  
Judicial System ◽  
The West ◽  
The World ◽  
History Of ◽  
Two Sides

Dispute resolution systems are broadly divided into two sides namely Judicial Dispute Resolution (JDRS) and Non-Judicial Dispute Resolution Systems (NJDRS). The first one is more formal, and the latter is informal which is known as Alternative Dispute Resolution (ADR) all over the world. Though ADR is claimed to be a great innovation of the West, it is found to be practiced in the Islamic Judicial System from its very inception. ADR was practiced throughout the history of Islamic Judiciary as sulh. However, the use of the word sulh in the meaning of ADR needs to be explained in the present judicial context. Scholars sometimes discussed sulh as a system parallel to ADR and sometimes as a process, which creates confusion in its multiuse. Hence, this study aims at eliminating this confusion on the paradoxical use of the term sulh as a system for dispute resolution as well as a process of that system. At present, hardly any study has precisely differentiated between them. Thus, this qualitative study focuses on discussing it primarily from the perspectives of the Quran, documented sources as well as interviews. The major finding of this study is that sulh, comparing with present day ADR, does not need to be used paradoxically. The main contribution of the study is to propose a clarification of sulh in the line of ADR fruitfully. The findings of this study are not only useful in clarifying the exact meanings of the term as used in different contexts but also applicable to solve problems faced by arbitrators involved in various indigenous traditional dispute resolution systems such as shalish in Bangladesh and elsewhere.

scholarly journals Disputable Issues in the Russian History of the 16th Century

2019 ◽  
pp. 19-25
Author(s):  
Knud Rasmussen
Keyword(s):  
Associate Professor ◽  
16Th Century ◽  
Russian History ◽  
State University ◽  
10Th Anniversary ◽  
History Of ◽  
Controversial Problem ◽  
Ivan The Terrible ◽  
First Time ◽  
Death Of The Author

Knud Rasmussen (1930–1985) was a famous Danish historian, Professor at Institute of Slavic Studies at University of Copenhagen, specialist in medieval Russia, author of a dozen of scientific monographs published in large editions including in Russian. In 1973, he defended his thesis titled “The Livonian crisis of 1554–1561”. According to the list of works published by J. Lind, 13 publications are devoted to the epoch of Ivan the Terrible. This article, published for the first time, is presented in the form of a report at the conference in Hungary. The scientist consistently outlined the main tasks and problems related to the study of Russian history abroad, in particular, in Denmark. He told what plan was built for the team of Danish historians who decided in the early 1970s to prepare a textbook on Russian history in the form of a problem historiographic course for Danish students, and how this plan was implemented. The study of works on Russian history and their systematization helped the team of Danish historians, which included K. Rasmussen, develop a special historiographic method and its principles, which led to developing understanding of the problematic historical field as a whole and placing individual research in it. As a result, a multivolume manual was written; by the time of K. Rasmussen’s speech, 3 volumes were published, covering the period of Russian history from the 17th to the 20th century inclusive. K. Rasmussen worked on preparing a volume on the Russian history of the 16th century. In the second part of his speech (article), the author shared his thoughts on the chosen approach to the assessment of historiography and spoke about the content of this volume, where he outlined the controversial problem of enslaving peasants, discussions on the reasons for backwardness of Russian cities as the basis of Moscow defeats in Livonia, possible ways of Russian revival, on the state and its institutions and on the development of historical events in the field of domestic policy. This volume was published after the death of the author in the same year: Rasmussen Knud. Ruslands historie i det 16. Arhundrede: En forsknings-og kildeoversigt. Kobenhavn, 1985. 161 s. Bibliography about K. Rasmussen: Lind J. Creative Way Knud Rasmussen (on the 10th anniversary of his death) // Archeographic Yearbook for 1995. – Moscow : Nauka, 1995. – P. 160–165; Lind J. H. Knud Rasmussen in memoriam // Jacob Ulfeld. Travel to Russia. – M. : Languages of Slavic culture, 2002. – Р. 17–25; Vozgrin V. E. Knud Rasmussen and Zans Bagger – Danish historians of Russia // Proceedings of the Department of the History of New and Newest Times of St. Petersburg State University. – 2016. – № 16 (2). – Р. 205–219. The abstract is prepared by Candidate of Sciences (History), Associate Professor N.V. Rybalko.

Protección del consumidor en los mercados: una perspectiva romanística del derecho de información y la transactio

2020 ◽  
Vol 60 (3) ◽  
pp. 299-324
Author(s):  
José Luis Zamora Manzano
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Roman Law ◽  
Weights And Measures ◽  
Consumer Law ◽  
Alternative Method ◽  
History Of ◽  
Eu Directives

In the present paper, we will focus on information on consumer protection and mediation which allows a much quicker resolution of any conflicts that arise in the matter of consumption, emphasizing the sources of Roman law where we find the Consumer protection carried out by the aediles, who were in charge of controlling and monitoring the markets, speculation and weights and measures, for this we analyze mainly sources such as D.21.1.1.1 and the vice that originated the redhibition D.21.16 and 21.1.14.10, among others. Moreover, the jurisdiction of the aediles developed in the same way as the praetors within their sphere of competence of the markets, the resolution of conflicts through the transaction that implies a history of mediation and that today is articulated as an alternative method of dispute resolution. Subsequently we analyze the bases that remain on some principles of current consumer law and the panorama that shows the incorporation of EU directives such as 2011/83/EU and the recent 2013/11/EU that encourages alternative dispute resolution (ADR).

COMPARISION OF ALTERNATIVE CONSTRUCTION DISPUTE RESOLUTION MEASURES

2020 ◽  
Vol 7 (2) ◽  
Author(s):  
Ulrike Quapp ◽  
Klaus Holschemacher
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Construction Projects ◽  
Legal Aspects ◽  
Construction Process ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Industry Practice

Construction projects often are particularly susceptible to conflicts due to their long-term character and complexity. In Germany, courts must deal with around 100,000 construction dispute litigations per year. Alternative Dispute Resolution (ADR) can be an alternative to expensive as well as time-consuming litigation and can help to relieve the judicial system. Furthermore, ADR may contribute to the satisfying settlement of a dispute between parties involved in the construction process and thus help to reach construction projects’ completion on time and within budget. Often, ADR mechanisms such as adjudication, mediation, and conciliation will be used. The paper analyzes the development of ADR in Germany in conjunction with European legal aspects. With special reference to the construction industry practice in Germany, various ADR measures and their advantages and disadvantages, as well as the current situation, will be explained. The authors conclude that, although ADR in Germany has experienced an upswing since the 1990s, it is used only to a small extent for settling disputes in construction projects. An increased knowledge about the advantages and disadvantages of different ADR measures in the construction industry would lead to more frequent uses of ADR. That, and a clever and detailed contract design, which helps to avoid conflicts basing on unclear contract contents, could save money and relieve the courts from time-consuming legal proceedings.

David K. Coley, Death and the Pearl-Maiden: Plague, Poetry, England. Columbus, OH: The Ohio State University Press, 2018, 220 pp.

Mediaevistik ◽  
2020 ◽  
Vol 32 (1) ◽  
pp. 469-472
Author(s):  
Jane Beal
Keyword(s):  
Associate Professor ◽  
Ohio State University ◽  
State University ◽  
Late Medieval ◽  
Sir Gawain ◽  
Late Medieval Literature ◽  
History Of ◽  
Post Traumatic ◽  
The Ohio State University ◽  
Black Plague

David K. Coley (Associate Professor of English, Simon Fraser University, British Columbia) has produced an intriguing new book examining the four poems of the Pearl Manuscript, Cotton Nero A.x. – Pearl, Cleanness, Patience, and Sir Gawain and the Green Knight – in the context of late-medieval English and European plague treatises, texts, and discourses. Coley considers the Black Plague as a cultural trauma, which deeply affected the poet, who, motivated either by subconscious post-traumatic feeling or conscious artistry, used the same language and exempla used in plague texts in key passages of his poems. Coley indicates that his goal in the book <?page nr="470"?>is “to investigate how the history of the medieval plague experience might be simultaneously forgotten and remembered in late medieval literature” (5) and, more specifically, to examine:

A History of Religious Arbitration

2017 ◽  
Author(s):  
Michael J. Broyde
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Religious Groups ◽  
Western Tradition ◽  
History Of ◽  
The Common ◽  
Religious Courts

This chapter focuses on the premodern use of religious courts to resolve ecclesiastical disputes within Western societies. Religious arbitration is by no means a new mechanism. It dates back hundreds of years. Societal acceptance of religious courts operating within the broader secular legal system is thus deeply ingrained in the Western tradition and in the common-law tradition that formed the bedrock of American jurisprudence. The history of religious arbitration in Western societies is important because it helps contextualize and explain long-standing social, political, and legal comfort with religious groups engaging in various forms of alternative dispute resolution separate but not entirely outside societal laws. However, although its deep historical roots indicate that religious arbitration has stood the test of time, various practices and experiences associated with early forms of religious dispute resolution have led many people to become skeptical and wary of its place in modern secular societies.

scholarly journals Исторические аспекты административно-территориального устройства Калмыкии в контексте взаимоотношений с Астраханской областью по вопросу реабилитации калмыцкого народа

2021 ◽  
Vol 13 (1) ◽  
pp. 56-67
Author(s):  
Evgeniy A. Gunaev ◽  
Keyword(s):  
Comparative Research ◽  
Associate Professor ◽  
State University ◽  
Historical Aspect ◽  
Archival Document ◽  
Territorial Structure ◽  
Astrakhan Oblast ◽  
History Of ◽  
The Republic ◽  
The Government

Introduction. The paper explores historical aspects of Kalmykia’s administrative and territorial structure with due regard of its relations to Astrakhan Oblast in the context of the Kalmyk people’s territorial rehabilitation initiated in the early 1990s. Materials and Methods. The work employs the historical descriptive and comparative research methods. It focuses on one archival document — the opinion letter of September 20–23, 1991 by Yu. Oglaev, Cand.Sc. (history) and Associate Professor at Kalmyk State University, dealing with ‘Working Papers on Territorial Rehabilitation of the Kalmyk People’ issued by the Commission of Astrakhan Oblast Soviet of People’s Deputies. Results. The article examines arguments of Astrakhan Oblast authorities aimed at undermining attempts of Kalmykia’s government to raise the question of territorial rehabilitation. Specifically, it gives some data on territorial transformations of ‘enclave’ settlements in Kalmykia before December 1943 and after the 1957 restoration of the ethnic autonomy. Conclusions. The historical aspect of territorial disputes between the two Lower Volga regions after 1957 basically rests on that Astrakhan Oblast government refused to recognize the proclaimed (reclaimed) borders (some part) of Kalmykia as of 1957. The idea of returning two districts integral to the Kalmyk ASSR as of 1943 back to the republic was articulated by Kalmykia’s executives in the Government of the RSFSR after 1957, and the era of perestroika attached somewhat sociopolitical features to the issue — only to eventually end in nothing. However, the history of territorial transformations of settlements in the border areas of Kalmykia and Astrakhan Oblast do require further scientific insights, as well as the use of distant pastures by neighboring regions — special emphasis thereto be laid on economic, environmental and land-related consequences experienced by the republic.

scholarly journals Vasil Pavlovich Tepin and his «History of the Belarusian State University»

2019 ◽  
pp. 82-94 ◽  
Author(s):  
Oleg I. Maliugin ◽  
Aleh A. Yanouski
Keyword(s):  
Significant Contribution ◽  
Associate Professor ◽  
University Education ◽  
State University ◽  
Political Leaders ◽  
Work History ◽  
German Occupation ◽  
Great Patriotic War ◽  
History Of ◽  
The University

The life, scientific and pedagogical activities of Vasil Pavlovich Tepin, one of the organizer of the Belarusian State University, are considered in this article. As a dean of the faculty of pre-university education and later – associate professor at the pedagogical faculty – he published number of scientific and methodical works, made a significant contribution not only to the formation of university education, but also in the development of the Belarusian high school. V. P. Tepin was one of the victims of Stalin repressions of 1930s. After the beginning of the Great Patriotic War, he stayed in Minsk and worked in the School Department of local administration. During the German occupation, he wrote his last work, «History of the Belarusian State University», in which he outlined his assessment of the events that preceded the creation of the university, the history of the first years of the BSU activities, his attitude to a number of teachers and political leaders of Belarus during the interwar period. The memoirs of V. P. Tepin, taken in comparison with the memoirs of other BSU staff and students of those two decades, help to reconstruct in more details the little-studied pages of the history of the first Belarusian university.

Sign in / Sign up

Export Citation Format

Share Document