scholarly journals Economic Efficiency in Economic Analysis of Law

2017 ◽  
Vol 3 (15) ◽  
Author(s):  
Tomasz Famulski
Keyword(s):  
Economic Efficiency ◽  
Critical Analysis ◽  
Point Of View ◽  
The Other ◽  
Legal Regulations ◽  
Economic Analysis Of Law ◽  
Practical Point ◽  
A Value ◽  
The Law ◽  
Fundamental Value

The aim of the article is to identify the category of economic efficiency on the grounds of L&E. According to the primary thesis of L&E economic efficiency is a fundamental legal value. The study discusses said thesis. On one hand, the controversy surrounding the thesis stem from lack of its unequivocal understanding. On the other, law has been functioning for centuries, while the question of its economic efficiency has only been raised for a few decades. Fundamental value, which has always been associated with law, is justice. It follows that the issue of various approaches to the relation between economic efficiency and justice in L&E is considered. Critical analysis of the literature allows to formulate arguments for and against each of these values in enacting and enforcing the law. Significant differences in various approaches to this matter are identified. Simultaneously, the assumption that efficiency is a value realized in the law beside justice is considered to be correct. The issue raised is important from the practical point of view. A theoretical consensus would support formulating a model, which would allow assessment of legal regulations based on criteria of economic efficiency and justice.

Vereinbarte Mitbestimmung und Aktionärsbeteiligung in der SE

2019 ◽  
Author(s):  
Max Kleissler
Keyword(s):  
Supervisory Board ◽  
Point Of View ◽  
The Other ◽  
Coherent System ◽  
Legal Regulations ◽  
European Company ◽  
Operational Level ◽  
Other Hand ◽  
The Subject ◽  
The Law

The European Company (SE) is characterised by negotiable co-determination, which makes it attractive from the point of view of German companies in particular, despite incomplete legal regulations. However, the law assigns the negotiations on co-determination on the part of the companies exclusively to the so-called management bodies, although these are not only concerned with co-determination at an operational level, but also within the supervisory board. On the other hand, the law is extremely rudimentary on the participation of shareholders. It is precisely this shareholder participation that is the subject of the investigation, including its supplementation to a coherent system. Not only the formation procedure, but also the possibilities of participation are examined if there are renegotiations on the previously negotiated co-determination regime. Finally, the work deals with proposals to improve shareholder participation de lege ferenda.

scholarly journals The theory of photographic processes, part II: On the chemical dynamics of development, including the microscopy of the image

1905 ◽  
Vol 76 (509) ◽  
pp. 217-234 ◽  
Keyword(s):  
Heterogeneous Systems ◽  
Point Of View ◽  
The Other ◽  
Chemical Dynamics ◽  
Practical Point ◽  
Previous Communication ◽  
The One

The investigation of development described in a previous communication was extended by the application of microscopic methods. The fact that both the silver haloid and the resulting silver are distributed through the film in the form of particles of minute but measurable size, allows us in this way to detect finer qualitative differences in, and to draw independent deductions on the processes of exposure and development. The size of the grain is important, both from the practical point of view and from the theoretical: in the one case as bearing on spectroscopical and astronomical photography, in the other on account of the great importance of the degree of surface-extension for heterogeneous systems. The method has been used previously by Abney, Abegg, Kaiserling, Ebert, and others, but by far the most systematic and important inquiry is that of K. Schaum and V. Bellach.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

A PEDIATRIC-PSYCHIATRIC VIEWPOINT ON OBESITY

PEDIATRICS ◽  
1957 ◽  
Vol 20 (3) ◽  
pp. 552-556
Author(s):  
Reginald S. Lourie
Keyword(s):  
Point Of View ◽  
The Other ◽  
Structural Elements ◽  
Practical Point ◽  
The Third ◽  
History Of ◽  
Gastric Mucous ◽  
History Of Obesity ◽  
Excessive Quantity ◽  
Layer Concept

FROM the viewpoint of the pediatric psychiatrist, the problems of obesity, as seen clinically, can be thought of as having three layers. The first is constitutional, better described as physiologic, which may be broken down into genetic and structural elements. The second is psychologic, consisting of the values that food intake or the obesity itself come to have. The third layer is made of the cultural and social reactions to food and fat. These attitudes encountered inside and outside the home intermesh in their effects with the physiologic and psychologic levels. These, in turn, are also interwoven, until one cannot separate one layer from the other. However, when individual cases are scrutinized they reveal the pathology at one layer or the other to predominate and indicate where efforts to modify the abnormality might best be directed. Incidentally, the same levels operate on the other side of the coin, anorexia. From the practical point of view, let us consider the natural history of obesity and the clinical varieties one sees in practice, and let us see how the three-layer concept fits. First, as pointed out by Gordon, there is a tendency to be complacent or even pleased with obese infants. At level one, the physiologic, such constitutional factors as those present in the neonate born with an excessive quantity of pepsinogen secreted by the gastric mucous membrane could have the effect of producing as Mirsky points out, a relatively intense or even continuous hunger, and make greater demands on its mother for nursing.

Comparing the incomparable and legal discourse

Semiotica ◽  
2016 ◽  
Vol 2016 (209) ◽  
pp. 5-14
Author(s):  
Augusto Ponzio
Keyword(s):  
Human Rights ◽  
Emmanuel Levinas ◽  
Personal Responsibility ◽  
Legal Discourse ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Absolute Difference ◽  
Human Being ◽  
The Law

AbstractIt is not with the State that personal responsibility arises towards the other. According to Emmanuel Levinas, the other is every single human being I am responsible for, and I am this responsibility for him. The other, my fellow, is the first comer. But I do not live in a world with just one single “first comer”; there is always another other, a third, who is also my other, my fellow. Otherness, beginning with this third, is a plurality. Proximity as responsibility is a plurality. There is a need for justice. There is the obligation to compare unique and incomparable others. This is what is hidden, unsaid, implied in legal discourse. But recourse to comparison among that which cannot be compared, among that which is incomparable is justified by love of justice for the other. It is this justification that confers a sense to law, which is always dura lex, and to the statement that citizens are equal before the law. From this point of view, State justice is always imperfect with respect to human rights understood as the rights of the other, of every other in his absolute difference, in his incomparable otherness.

The relative absorbing powers of the L-levels for radiation of varying wave-length

1924 ◽  
Vol 22 (3) ◽  
pp. 379-392 ◽  
Author(s):  
H. W. B. Skinner
Keyword(s):  
Absorption Coefficient ◽  
Wave Length ◽  
The Other ◽  
X Rays ◽  
A Value ◽  
The Law ◽  
Absorption Wave

1. Changes in the relative intensities of the lines in the fluorescentL-spectrum of Cerium excited by radiation of various wave-lengths have been observed.2. These results imply a change in the relative absorbing powers of the threeL-levels as the wave-length of the absorbed radiation diminishes from a value just below the absorption wave-length of theL-levels to a value considerably below. The absorbing power of theLI-level becomes increased relative to the absorbing powers of the otherL-levels as the wave-length diminishes. The results agree with those published by H. Robinson in a recent paper.3. These results imply a breakdown of the law that μ/λ3is a constant (where μ is the absorption coefficient of X-rays of wave-length λ) as applied to theindividual L-levels of an element.4. A comparison is made between the above results, and some results on the relative absorbing process of theL-levels obtained by Ellis and Skinner from β-ray spectra.

Application of Mechanical Vibration in the Machine Building Technology

2012 ◽  
Vol 504-506 ◽  
pp. 1383-1388 ◽  
Author(s):  
Piotr Sędek ◽  
Marek Stanisław Węglowski
Keyword(s):  
Dimensional Stability ◽  
Mechanical Vibration ◽  
Machine Building ◽  
Point Of View ◽  
The Other ◽  
Practical Point ◽  
Building Technology ◽  
Technological Stresses ◽  
External Loads ◽  
Technological Stress

The application of mechanical vibration has been known for many years, but some controversy still exists. According to some ideas the mechanical vibration reduces the technological stresses by summation of technological stress and stress from external loads (vibration). But on the other hand, the mechanical vibration causes more complicated phenomena (micro-relaxation) resulting in dimensional stability close to natural seasoning effects. In the present study authors present results of research into mechanical vibration from the experimental and practical point of view, proving that this process can be used to obtain dimensional stability. The results has also indicated that the reduction of the technological stresses is highly questionable.

scholarly journals Practical Aspects Regarding the Dissolution of a Company by Declaring the Company Null and Void

2020 ◽  
Vol 14 (1) ◽  
pp. 1211-1216
Author(s):  
Andreea Stoican
Keyword(s):  
Traditional Approach ◽  
Third Parties ◽  
Point Of View ◽  
Legal Requirements ◽  
Current Form ◽  
Practical Point ◽  
Initial Form ◽  
The Law ◽  
A Company

AbstractLaw no. 31/1990 on companies, in its initial form, developed a more traditional approach of the consequences of the non-compliance with the legal requirements for the establishment of a company. Though, in the mentioned version, the interest of protecting third parties prevailed, with the exclusion of the drastic sanction of nullity. However, the legislator, in time, reached the conclusion that a more modern approached needed to be taken into consideration, which should reach a balance between the need to protect the interests of third parties and the imperative to comply with the law with reference to the conditions that must be met to establish a company. Even so, in this current form of the regulation, a concern still remains, respectively that of trying to save the company, to bring it to fulfill the conditions of legality and, through this, to protect third parties also. But in some cases it is necessary for the company to cease to exist by declaring its nullity. Therefore, the current study aims in presenting and analyzing, from a more practical point of view, the occurrence of the nullity of a company and the consequences of such a measure both for the company itself and also for its partners.

scholarly journals A critical analysis and optimization of the testing & validation activities inside an automotive partsfactory

2021 ◽  
Vol 343 ◽  
pp. 02011
Author(s):  
Lucian-Petru Păvăloi ◽  
Florin Negoescu
Keyword(s):  
Critical Analysis ◽  
Point Of View ◽  
Value Stream Mapping ◽  
Lean Management ◽  
Basic Principles ◽  
Value Stream ◽  
A Value ◽  
The Status

The scope of this paper is to critically analyze and optimize the solutions available from a Lean Management point of view, for the testing & validation department of an automotive factory. The paper will start with an analysis of the basic principles of Lean Management and how this can be applied successfully, followed by a Value Stream Mapping critical analysis of the status at a given time and the action taken with the scope of optimizing the process, concluding with an updated analysis of the new Value Steam Map, showcasing the advantages and the improvements achieved.

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