scholarly journals Responsabilidade Civil por Ato de Terceiro: Reflexões sobre a Responsabilidade Civil do Administrador de Grupos em Aplicativos de Troca de Mensagens

2021 ◽  
Vol 13 (13) ◽  
pp. 407-427
Author(s):  
Renata Peruzzo ◽  
Eugênio Facchini Neto

The evolution of social relations brings, among others, the challenge of thinking about the civil liability of the administrator of groups of applications for exchanging messages for the manifestations of its members. In our law, the rule is liability for its own act, with the exception of civil liability for the act of another. Thus, it is necessary to question whether the role of the administrator of message exchange groups is in addition to any of the hypotheses provided for by law. In being positive, which of the exceptions does the message exchange application group administrator fit into? In being negative, one wonders whether there is a duty to moderate the manifestations. Considering both hypotheses, there are limits to this responsibility established, for example, by freedom of expression? Analyzing these questions based on bibliographic research and pertinent jurisprudence, it is concluded that the civil liability of the group administrator of the application group of exchange of messages is by his own, subjective action and does not conflict with freedom of expression. The subject is approached using the dialectical method. With regard to the procedure, bibliographic research on the subject was used, including the analysis of relevant precedents.

2021 ◽  
Vol 10 (38) ◽  
pp. 168-177
Author(s):  
Boris Perezhniak ◽  
Dariia Balobanova ◽  
Liliia Timofieieva ◽  
Olena Tavlui ◽  
Yuliia Poliuk

One of the most important places among the universally recognized rights is the right to a fair trial. The essence of this right is that any violated right can be restored through a particular procedure. In the absence of an effective method for the protection of rights and interests, the rights and freedoms recognized and enshrined in law are only declarative provisions. Given the significant role of the right to a fair trial and changes in its provision under quarantine restrictions, it is necessary to analyze the content of this right, highlight principal requirements and problematic aspects of implementation given the current conditions of social relations. The purpose of the work is to analyze the content of the right to a fair trial. The subject of the study is the social relations that arise, change, and terminate during the exercise of the right to a fair trial. The research methodology includes such methods as a statistical-mathematical method, method of social-legal experiment, cybernetic method, comparative-legal method, formal-legal method, logical-legal method, and method of alternatives. The study will analyze the content of the right to a fair trial as international law and national law, its impact and interaction with the national legal system of Ukraine, which includes theoretical, applied, and common law aspects and conceptual rethinking in an era of quarantine restrictions.


2019 ◽  
Vol 35 (35) ◽  
pp. 9-36
Author(s):  
Wojciech Czajkowski ◽  
Patryk Pokornicki

The subject of interest in the presented text is the possible relationship between a number of personality traits of the individual and its functioning in social relation. Dealing with the psychopathic features of personality and their importance in social relations, the authors pay attention to psychopathy, as well as narcissistic features and Machiavellianism in individual’s activity. These three traits since the beginning of the 21st century have aroused vivid interest of researchers and therapists attempting empirical verification of hypotheses in this area. It is also worth indicating. The above-mentioned categories of behavior form the dark triad of personality. Researchers draw our attention to clinical interpretations regarding diagnostic criteria enabling the recognition of psychopathic features and the broader dark triad. This sometimes carry on to referring to the concept of sub-clinical psychopathy that does not meet the diagnostic criteria used in the classification of mental disorders. The authors also try to interpret the negative role of these features in social relations.


2021 ◽  
Vol 10 (39) ◽  
pp. 159-168
Author(s):  
Oleg Reznik ◽  
Maksym Pochtovyi ◽  
Kateryna Yanishevska ◽  
Andrii Butyrskyi

The object of the study is social relations regarding the prejudicial inquiry of smuggling narcotic drugs, psychotropic substances, their analogs or precursors. It has been found that there are scholars who choose different definitions for interpreting the nature of the proof, but are unanimous about the role of this process in proving a person’s guilt and choosing an adequate punishment. The authors use a set of scientific methods of modern epistemology as well as comparative, special legal, logical and other methods. We propose to analyze all the circumstances that are subject to proof during the prejudicial inquiry of smuggling of narcotic drugs, psychotropic substances, their analogs, or precursors. In this paper must identify the general grounds that must be proved in each crime and the specific circumstances that are important to prove only in the case of smuggling narcotic drugs, psychotropic substances, their analogs, or precursors. The conclusion is made about the importance of proper procedural support of criminal prosecution of persons who have committed a crime under Article 305 of the Criminal Code of Ukraine. Therefore, we propose to include in the subject of evidence for the prejudicial inquiry.


Author(s):  
Vibeke Steffen

There is a long-standing anthropological tradition of studies where the concept of magic is related to crisis and the re-establishment of order, whether on a social or an individual level. The risk of this approach, however, is that we may mistake the intention with magic for its result, and thus overestimate the role of crisis, the management of problems and the construction of meaning. This article demonstrates that instead of providing answers and solutions, the engagement with magic may just as well open up for new questions and new problems. The subject of the study is spiritualism and second sight as practised in contemporary Danish society primarily by women. In this context, magic is not necessarily something extraordinary that people turn to when facing severe trouble, but rather a way of dealing with social relations in everyday life. My approach is inspired by Evans- Pritchard’s classic work on witchcraft, oracles and magic among the Azande in the sense that the concept of magic forms only one leg in a triangle with energies and second sight as the other two. Second sight is provided by mediums passing on messages from deceased relatives or other spirits at platform demonstrations or in private consultations. The messages often deal with distance and proximity in social relations and how to protect yourself against feelings of being drained of energy or invaded by other human or spiritual beings. The term energy provides a sense of physical reality to these otherwise subtle feelings and makes it possible to deal with them in concrete situations through spells, invocations, and other kinds of magic manipulation. Keywords: Spiritism, social relations, the boundaries of self , women.  


2019 ◽  
Vol 15 (3) ◽  
pp. 23-31
Author(s):  
Lyudmila N. Berg

Introduction. The modern legal system is unthinkable without the creation, transmission, exchange, movement of legal information. Indeed, the full cycle of legal development (from legal thinking to law enforcement) implies the perception, creation, change, transfer of legal information. Through legal influence a permanent and multidirectional movement of legal information is carried out, as well as its reflection in the legal consciousness of the subject and subsequent incarnation in behavior. The significance and role of legal influence is clearly manifested precisely in the fact that legal information, for example, contained in the text of the legal norm, being brought to the consciousness of a person, becomes an effective force directing and regulating the behavior of the subject.Materials and methods. Universal (philosophical), general scientific, private scientific (private law) methods of cognition were used in the research process, including dialectical, logical and formal-legal methods. The specificity of the subject of the study led to the use of information and systems approach.Results. The author formulates the definition of legal information as a set of information and other data that are presented in legal acts, regulatory and technical, reference and scientific materials, as well as legal information created and transmitted by subjects in the course of their interaction, which results in the streamlining of social relations of subjects. It is noted that legal information may be formal and informal.Discussion and conclusion. The author comes to the conclusion that the synergy of legal influence is the effect of increasing efficiency through the use of interconnection and mutual reinforcement of the «work» of different elements and components of legal influence based on the movement of legal information.


Author(s):  
Marcin Choczyński

The aim of the article is to show the sociological elements in the education process that are present in Korczak’s pedagogy, both in its scientific form as well as in his fiction aimed directly at children. Therefore, society with its educational institutions (family, school, boarding school) is recognized in this pedagogy as an important sphere of symbolic references and educational influences. The key role of society (as the most important educational institution) in shaping pupils is present in commonly known works on the sociology of upbringing (including Florian Znaniecki or Józef Chałasiński), while sociological threads in Korczak’s pedagogy have not been a popular topic of separate analysis so far, apart from one monograph devoted to the subject. Therefore, this topic requires in-depth analyses and afterthought. Janusz Korczak emphasizes the role of society in a child’s life, preparing them primarily for participation in social relations, through diverse forms of group life at school, whose most important achievement is the institution of student self-government. It is thus a bridge between student-oriented education and the traditional pedagogical message, involving the transmission of the requirements of specific social roles.


2019 ◽  
Vol 5 (1) ◽  
pp. 26-36 ◽  
Author(s):  
Kelechi Chijioke Samuel

This paper explores the subject matter of human language as a social phenomenon in a multi-cultural and multi-ethnic society like Nigeria. The paper situates language as a complex social phenomenon which pervades every aspect of human life. It identifies the role of language in intrapersonal and interpersonal communication, and the complexities involved in every communicative event that must not be taken for granted. Furthermore, it identifies the functions and limitations of language, including its negative functions as viewed from Critical theory. The paper affirms that language is a central phenomenon in human cognitive development, internal conceptualization of thoughts and ideas, the external expression and sharing of thoughts, the perception and representation of social reality, the transmission of culture, and the maintenance of social relations. The paper further notes that language difference can be a source of social dysfunction in multi-lingual and multi-cultural societies like Nigeria.


2020 ◽  
Vol 70 (2) ◽  
pp. 119-149
Author(s):  
Yurika Wakamatsu

Abstract Beauty by Plum and Window, a hanging scroll produced in 1907 by the Japanese artist Okuhara Seiko, calls into question fundamental presumptions about literati art, a mode of art-making often seen as a means of self-representation. Instead of creating a singular subject that indexes the artist's self, this work deploys diverse pictorial and literary tropes to construct multiple personae, enabling the viewer (including the artist) to shift among them. The scroll effects the viewer's movement from one subject position to another, undermining the binary of spectator and spectacle, heterosexual relationship and homosocial bond, and subject and object. Engaging with Bruno Latour's actor-network theory, this article argues that if we do not assume a direct alignment between the subject of representation and the represented subject, a literati artwork can become a mediator of multiple shifting “selves” rather than an extension of a singular, unified “I.” Literati art thus functions not merely as a repository of self-expression but also as a generative mediator of identities and social relations. In staging multivalent modes of engagement, Seiko's scroll ultimately offers an alternative perspective on the role of subjectivity in the interpretation of literati art.


Author(s):  
Anatolii Georgievich Korchagin ◽  
Andrei Aleksandrovich Yakovenko

  This article explores the phenomenon of cryptocurrency and technology it is based upon. The authors describe the mechanism of its functionality along with the occurred problems of legal nature, which being interrelated make the phenomenon in question appealing within the criminal environment. Global digitalization sets new requirements, namely the combinations of legal and technical regulators meant to achieving adequate legal regulation in the digital era. The subject of this research is the Russian and foreign legal doctrine that reveals the essence of the indicated technology and mechanisms for protecting social relations in the context of utilization of this technology. The research methodology consists of the following methods: statistical, dogmatic, comparative-legal, synergetic, logical, functional, and systemic. The scientific novelty is substantiated by the need for convergence of the legal and information systems and demonstration of such convergence during the period of rapid digitalization in all social spheres. The authors draw a conclusion that the problem carries a comprehensive character, and the longer it takes to resolve the issues of legal regulation, the higher are the risks of using cryptocurrency.  


2016 ◽  
Vol 5 (1) ◽  
pp. 51-80
Author(s):  
Jani Maurício

Researching the subject of art's distribution under the New State dictatorship of the 1950s, this article focuses on the practices developed by two informal organizations of artists that carried out innovatory activities of modern art's socialization, which resulted in the creation of a parallel distribution system. Through an approach centred in the social and cultural aspects of the parallel distribution, the phenomenon's interpretation emphasizes the facilitating role of social relations and ethical values. Considering the exhibition and discursive practices developed by the artists’ collectives, this study defends that the existence of shared values and solidarity relationships, established within and outside the artistic sector, were deciding factors for the emergence and maintenance of a participatory behaviour attached to an important faction of the modern artistic sector.


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