scholarly journals The Law and Question. The Phenomenon of Question as a Possible Point of Departure for the Phenomenologico-Genetic Theory of Law

2020 ◽  
Vol 90 ◽  
pp. 105-117
Author(s):  
Daniel Roland Sobota
Keyword(s):  
Edmund Husserl ◽  
A Priori ◽  
Genetic Phenomenology ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Phenomenological Reflection ◽  
Social Acts ◽  
Theory Of Law ◽  
Static Character ◽  
Social Act

In his original phenomenology of law Adolf Reinach distinguishes among experiences the so-called “social acts”. These include acts directed towards other persons that require that the latter acknowledge the communicated contents and assume certain attitudes. Among these acts Reinach mentions there are promises, orders, requests and questions. He argues the promise is the special act that creates the a priori grounds of law. It is to be noted that Reinach’s phenomenology of law is of static character (in the Husserlian sense of the word) and therefore it shares all its advantages and disadvantages. In my paper I would like to draw attention to another social act, which can also be attributed to certain law-making activities, especially from the perspective of the genetic phenomenology. It is questioning. At the same time when Reinach was working on his theory of law, his Munich friend, Johannes Daubert (1877–1947), also a student of Theodor Lipps and a friend of Edmund Husserl, who together with Reinach made an “invasion of the Munichs at Göttingen”, worked on the first phenomenology of the question. Although he did not refer his research to the phenomenon of law, we can ask whether, like Reinach’s deliberations about promises and obligation, it cannot be done. That this is possible to some extent, for example, is evinced by the Hannah Arendt and Klaus Held’s phenomenology of the political world. He points out that the public world as such arises from the primordial openness of man, understood as “zoon politikon”. This openness might be interpreted as the question which is not so much a single act as it is an attitude. The purpose of the paper is to outline how, while starting with the phenomenological reflection over various types of utterances, one can specify their certain forms and the acts constituting them as well as the attitudes which allow for a priori grounding the phenomenon of law from the perspective of static and genetic phenomenology.

scholarly journals HUSSERL AND REINACH, THE IDEA OF PROMISE

2017 ◽  
Vol 2 (20) ◽  
Author(s):  
Nathalie Barbosa de La Cadena
Keyword(s):  
A Priori ◽  
Civil Law ◽  
Phenomenological Method ◽  
The Social ◽  
Social Acts ◽  
Social Act

In this paper, I discuss the possibility of reading the description of promise presented by Reinach in The A priori Foundations of the Civil Law under the light of Husserl’s Ideas I. In order to present my argument, first, I briefly present the phenomenological method proposed by Husserl in Ideas I highlighting eidetic reduction. Second, I present the Reinachian description of social acts emphasizing the act of promising. Third, and finally, I try to demonstrate that the Reinachian description of the social act of promising is the description of a universal and necessary relation, a synthetic and a priori statement and corresponds to the idea of promise. 

Pragmatic Reconstruction in Jurisprudence: Features of a Realistic Legal Theory

2021 ◽  
Vol 34 (1) ◽  
pp. 171-202
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
Twentieth Century ◽  
Coercive Force ◽  
Social Life ◽  
Conceptual Analysis ◽  
Legal Theory ◽  
A Priori ◽  
Planning System ◽  
Universal Feature ◽  
Moral Problems ◽  
Theory Of Law

A century ago the pragmatists called for reconstruction in philosophy. Philosophy at the time was occupied with conceptual analysis, abstractions, a priori analysis, and the pursuit of necessary, universal truths. Pragmatists argued that philosophy instead should center on the pressing problems of the day, which requires theorists to pay attention to social complexity, variation, change, power, consequences, and other concrete aspects of social life. The parallels between philosophy then and jurisprudence today are striking, as I show, calling for a pragmatism-informed theory of law within contemporary jurisprudence. In the wake of H.L.A. Hart’s mid-century turn to conceptual analysis, “during the course of the twentieth century, the boundaries of jurisprudential inquiry were progressively narrowed.”1 Jurisprudence today is dominated by legal philosophers engaged in conceptual analysis built on intuitions, seeking to identify essential features and timeless truths about law. In the pursuit of these objectives, they detach law from its social and historical moorings, they ignore variation and change, they drastically reduce law to a singular phenomenon—like a coercive planning system for difficult moral problems2—and they deny that coercive force is a universal feature of law, among other ways in which they depart from the reality of law; a few prominent jurisprudents even proffer arguments that invoke aliens or societies of angels.

Subject of Economic Science

2015 ◽  
pp. 115-120
Author(s):  
D. Egorov
Keyword(s):  
Human Behavior ◽  
Classical Theory ◽  
Adam Smith ◽  
A Priori ◽  
Economic Science ◽  
The Public ◽  
Public Consciousness ◽  
Wealth Of Nations ◽  
Definition Of ◽  
The Relationship

Adam Smith defined economics as “the science of the nature and causes of the wealth of nations” (implicitly appealing – in reference to the “wealth” – to the “value”). Neo-classical theory views it as a science “which studies human behavior in terms of the relationship between the objectives and the limited funds that may have a different use of”. The main reason that turns the neo-classical theory (that serves as the now prevailing economic mainstream) into a tool for manipulation of the public consciousness is the lack of measure (elimination of the “value”). Even though the neo-classical definition of the subject of economics does not contain an explicit rejection of objective measures the reference to “human behavior” inevitably implies methodological subjectivism. This makes it necessary to adopt a principle of equilibrium: if you can not objectively (using a solid measurement) compare different states of the system, we can only postulate the existence of an equilibrium point to which the system tends. Neo-classical postulate of equilibrium can not explain the situation non-equilibrium. As a result, the neo-classical theory fails in matching microeconomics to macroeconomics. Moreover, a denial of the category “value” serves as a theoretical basis and an ideological prerequisite of now flourishing manipulative financial technologies. The author believes in the following two principal definitions: (1) economics is a science that studies the economic system, i.e. a system that creates and recombines value; (2) value is a measure of cost of the object. In our opinion, the value is the information cost measure. It should be added that a disclosure of the nature of this category is not an obligatory prerequisite of its introduction: methodologically, it is quite correct to postulate it a priori. The author concludes that the proposed definitions open the way not only to solve the problem of the measurement in economics, but also to address the issue of harmonizing macro- and microeconomics.

scholarly journals Peran Aplikasi “Visiting Jogja” dalam Mengembalikan Kepercayaan Wisatawan untuk Berwisata ke Yogyakarta

2021 ◽  
Vol 5 (2) ◽  
pp. 128
Author(s):  
Fitria Jalaluddin ◽  
Alfelia Nugky Permatasari
Keyword(s):  
Point Of View ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Daily Mobility ◽  
Tourism Sector ◽  
Major Loss ◽  
Tourism Destinations ◽  
Tourism Attractions ◽  
New Applications ◽  
Special Region

Covid-19 made several countries adopt lock-down policies as an effort to break the chain of spreading the virus. However, this policy greatly affects sectors related to the daily mobility of people, especially the tourism sector which has been most significantly affected by Covid-19. One of the provinces in Indonesia that has experienced a major loss in the tourism sector due to Covid-19 is the Yogyakarta Special Region (DIY). Therefore, the DIY government gradually continues to encourage the tourism sector to resume operations, one of which is by releasing new applications for tourists, namely "Jogja Pass" and "Visiting Jogja" to monitor visitors to tourism destinations in DIY. In this study the author will focus on studying the application "Visiting Jogja". The purpose of this research is to examine the advantages and disadvantages of the "Visiting Jogja" application from the user's point of view, and to find out whether the "Visiting Jogja" application can help restore the confidence of tourists to travel to Yogyakarta. This study uses qualitative research methods, with data collection techniques through direct interviews with 10 respondents as a sample who is determined randomly. The results show that the application "Visiting Jogja" can provide assurance for tourists, which helps generate confidence in users to visit more tourism attractions in Yogyakarta. However, the government's efforts in socializing and promoting the “Visiting Jogja” application to the public are still lacking.

scholarly journals PENEGAKAN HUKUM TERHADAP MALPRAKTEK DOKTER YANG MELAKUKAN ABORSI (STUDI PUTUSAN NO.288/PID.SUS/2018/PN. NJK)

2020 ◽  
Vol 2 (2) ◽  
pp. 15
Author(s):  
Ricky Darmawan
Keyword(s):  
Law Enforcement ◽  
Medical Malpractice ◽  
Medical Personnel ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
The Public ◽  
Moral Ethics ◽  
Theory Of Law ◽  
The Many

AbstractMedical actions by doctors who act not in accordance with the rules and applicable moral ethics are now beginning to emerge frequently. At this time, the problem of malpractice in health services began to be discussed by various groups in the community. This can be seen from the many indictments of malpractice cases submitted by the public about the profession of doctors who in carrying out their duties have committed wrong actions that result in losses resulting in death or disability. Medical malpractice, this is related to the task of the doctor or medical personnel under his command intentionally or negligence to do something (active or passive). The problem that the writer takes here is that the malpractice case which the writer carefully sourced from the decision of Nganjuk District Court No.288 / Pid.sus / 2018 / PN NJK, The theory used in this research is the theory of law enforcement. While the method used is empirical juridical legal research, where in analyzing the problem carried out by the method of combining legal materials (Decisions) with primary data obtained in the field. The output of this paper is that the handling of malpractice cases by doctors without the need for procedures according to medical regulations needs to be considered.Keywords: Abortion, Doctors, Law Enforcement, Malpractice.AbstrakTindakan medis oleh dokter  yang bertindak tidak sesuai dengan aturan dan etika moral yang berlaku ini kini mulai sering muncul. Pada saat ini, masalah malpraktik pelayanan kesehatan mulai dibicarakan oleh berbagai kalangan dalam masyarakat. Hal itu terlihat dari banyaknya dakwaan kasus malpraktik yang disampaikan oleh masyarakat tentang profesi dokter yang dalam melakukan tugasnya telah melakukan tindakan yang salah yang menimbulkan kerugian yang berujung pada kematian atau cacat. Malpraktik medik, hal ini berkaitan tugas dokter atau tenaga medis yang ada di bawah perintahnya dengan sengaja atau kelalaian melakukan perbuatan (aktif atau pasif). Permasalahan yang penulis ambil disini dimana Kasus malpraktek yang penulis teliti bersumber pada putusan Pengadilan Negeri Nganjuk No.288/Pid.sus/2018/PN NJK, Teori yang digunakan dalam penelitian ini ialah teori penegakan hukum. Sementara metode yang digunakan adalah penelitian hukum yuridis empiris, dimana dalam menganalisis permasalahan dilakukan dengan metode memadukan bahan-bahan hukum (Putusan) dengan data primer yang diperoleh di lapangan. Adapun output dari tulisan ini, bahwa penanganan perkara malpraktek dokter yang diilakukan dokter tanpa danya prosedur sesuai aturan medis perlu di perhatikan.Kata kunci : Aborsi, Dokter, Malpraktek,Penegakan Hukum.

scholarly journals US INVESTMENTS IN PRIORITY SECTORS OF THE ECONOMY OF KAZAKHSTAN

THE BULLETIN ◽  
2020 ◽  
Vol 5 (387) ◽  
pp. 199-207
Author(s):  
G. Т. Shakulikova ◽  
◽  
Zh. K. Yerzhanova ◽  
Zh. Zh. Gabbassova ◽  
R. A. Karabassov ◽  
...  
Keyword(s):  
Comparative Analysis ◽  
Stock Market ◽  
Foreign Investment ◽  
Mining Industry ◽  
Raw Material ◽  
Key Factors ◽  
Investment Funds ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Returns On Investment

In the conditions of self-isolation, a small and medium business suffered as a result of a pandemic, however, large business remained afloat due to large “long money”. Large business in Kazakhstan is mainly a raw material business, i.e., the mining industry, as a priority, has not suspended its activities. The tasks in the field of attracting investment remained the same. For Kazakhstan, in the direction of attracting foreign investment, firstly, it is worth identifying competitive sectors of the economy. Secondly, clearly understand the key factors in the development of these industries. Thirdly, to conduct a comparative analysis and assess the advantages and disadvantages in relation to other countries, which will be the main competitors in this industry. Fourth, identify potential investors. Fifth, optimize the activities of the coordinating agency or body that is responsible for investments in Kazakhstan. For US investors, the stock market in Kazakhstan is very small. It presents mainly companies in the mining and financial sectors of the economy, as well as the public sector. The limited financing opportunities in the stock market do not allow providing higher returns on investment funds, and this in turn negatively affects the influx of potential investors and investors.

Die Privilegierung der Landwirtschaft

2021 ◽  
Author(s):  
Nils Jensen
Keyword(s):  
Public Interest ◽  
General Public ◽  
Special Treatment ◽  
The Public ◽  
Advantages And Disadvantages ◽  
The Social ◽  
Social Debate

Even in an industrialised and service-based economy, agriculture is and remains a sector that is particularly worthy of protection and that operates not only in its own interest, but also in the interest of the general public. However, the social debate shows that the advantages and disadvantages of agriculture are not balanced on every farm. The study deals with the public interest in the privileged treatment of agriculture, i.e. the question of what justifies the special treatment of agriculture and what is "agriculture" in this sense.

Online job quality quizzes: are they of value?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Keyword(s):  
Age Groups ◽  
Job Quality ◽  
Policy Makers ◽  
Content Type ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Social Media Platforms ◽  
Random Probability ◽  
Nationally Representative ◽  
The Uk

Purpose The purpose of this study is to compare two methods of data collection on job quality – an online quiz and a random probability survey. Design/methodology/approach Data are from a nationally representative sample of workers in Britain aged 20–65 years. Participants in the survey are randomly selected whereas those completing the quiz are recruited using uncontrolled convenience sampling promoted through trade union websites, newsletters and advertising on social media platforms. The survey and quiz contain the same questions and data from both methods are collected within 14 months of each other. Findings The results show that the sample recruited for participation in the online quiz is skewed towards those working in the public sector, people in higher education and towards younger age groups and women whereas the random probability survey is more representative of the adult working population in the UK. Significant differences in the results obtained by the two collection methods are found which suggests that social desirability bias is having an effect on participant responses. Practical implications Therefore policy makers should consider the advantages and disadvantages when selecting methods to collect data for tracking changes in job quality. Originality/value This paper has an original approach by examining the procedures in different methods of gathering data on job quality and the effects of this on the data collected.

Advantages and risks of crowdfunding as a model of financing startups and community development projects

2021 ◽  
Vol 2021 (4) ◽  
pp. 84-98
Author(s):  
Vitalii RYSIN ◽  
Keyword(s):  
Community Development ◽  
System Development ◽  
Low Cost ◽  
Public Awareness ◽  
Development Projects ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Wide Range ◽  
Capital Access

Crowdfunding as a tool for alternative financing has emerged relatively recently and is of limited use in Ukraine today. At the same time, it has significant potential, which can contribute to the implementation of a wide range of projects that for various reasons are not of interest to traditional lenders or investors. The aim of the article is to determine the benefits of crowdfunding for its participants, the peculiarities of the implementation of certain types of crowdfunding and identify risks that may be generated by them, as well as develop practical recommendations for crowdfunding campaigns by entrepreneurs and authors of community development projects. The article identifies the benefits of crowdfunding for project authors (low cost of capital, access to information and potential investors) and investors (clarity, low risks, access to new products, the ability to support creative ideas), substantiates the role of crowdfunding platforms in realizing the benefits of crowdfunding. The advantages and disadvantages of using certain types of crowdfunding are described. Recommendations for planning and implementation of the main stages of crowdfunding campaigns - idea development, target audience determination, research, communication, project budgeting, reward system development, campaign schedule development – are developed. The factors of choosing a crowdfunding platform for hosting the project are determined. The possibility of using crowdfunding for collective financing of socio-cultural projects within the public budgets of the united territorial communities is shown. The risks of using crowdfunding for project authors and potential investors are identified. Those risks are primarily related to realistic expectations and proper preparation for the fundraising campaign by project authors, as well as the lack of guarantees for investors in the event of problems or bankruptcy of the crowdfunding platform. The author highlights that the growth of public awareness about the possibilities of implementing social or business initiatives through crowdfunding platforms will contribute to the development of platforms, improvement of technological equipment, and expansion of their range of services.

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