scholarly journals Systemowość prawa wobec konfliktów społecznych

2016 ◽  
Vol 104 ◽  
pp. 73-88
Author(s):  
Andrzej Bator
Keyword(s):  
Legal Theory ◽  
Deep Structure ◽  
Fundamental Question ◽  
Character Trait ◽  
General Belief ◽  
Political Conflicts ◽  
Starting Point ◽  
Legal Texts ◽  
Scope Of Application ◽  
Made In

THE CONCEPT OF THE SYSTEM OF LAW IN THE LIGHT OF POLITICAL CONFLICTSThe starting point for the presented text is the general belief in the culture of statutory law assumption made in the study of legal texts, that the law is systemic in character. This view has strongly influenced so far the arguments used in legal disputes. The fundamental question put here is the question whether meta-rules, being a consequence of the thesis on the systemic character of law, may be reasonably in a manner acceptable to the parties applied to such legal disputes, which may be qualified also as political conflicts. The answer is positive, yet under certain condition: “systemic character” trait, raised by analytical theories of law, should be used only in so-called “easy cases”, as “hard cases” inevitably belong to a competitive domain of so-termed “political philosophy”. This could imply a significant narrowing of the scope of application of some theorems belonging to these trends in the field of analytical legal theory, which have been dominant in the Polish legal thought. This includes mainly claims connected with the so-called “deep structure of legal science”, eg. a theorem of rationality of the lawgiver.

scholarly journals Zasada ogólna czynnego udziału strony w postępowaniu administracyjnym a prawa strony w postępowaniu w sprawach załatwianych milcząco

2019 ◽  
pp. 93-114
Author(s):  
Małgorzata Gajda-Durlik
Keyword(s):  
Fundamental Question ◽  
Conventional System ◽  
Administrative Procedure ◽  
Starting Point ◽  
Administrative Proceedings ◽  
Basic Standard ◽  
Made In

Pursuant to the amendment to the Code of Administrative Procedure, the Act of 7 April 2017 amending the Act – The Code of Administrative Procedure and certain other acts, the settling of a matter quietly has been incorporated into the framework of this Code. The legislator reserved a peculiar procedural regime for cases settled quietly, based on the formula of simplified, de-formalised proceedings, with simul-taneous setting of limits for the rights of the party in the trial. Pursuant to Article 122d § 1 of the Code of Administrative Procedure, the provisions of Articles 10 and 79a of the Code of Administrative Procedure shall not apply to matters settled qui-etly. There is no doubt that the addition to Section II of the Code of Administrative Procedure of Chapter 8a on quiet settlement of matters results in the application of the Code of Administrative Procedure to matters within this scope, including, inter alia, Article 28 of the Code – on the side of proceedings. This means that in matters settled quietly, similarly as in the case of matters settled by an administrative deci-sion, the subjective scope of proceedings is determined by Article 28 of the Code of Administrative Procedure, stating that each party is a party whose legal interest or duty the proceedings relate to, or who demands the authority to act due to its legal interest or duty. At the same time, the reservation made in Art. 122a § 2 of the Code of Administrative Procedure that a case is deemed to have been settled quietly when the party’s claim has been fully accepted does not mean in practice that only homogeneous interests of the party or parties expressed in the claim are involved in the case, and that the legal interests of subjects not filing a claim will not be involved in the case. As a consequence of the above, the fundamental question arises as to what extent the provision of Article 122d(1) of the Code of Administra-tive Procedure interferes with the conventional system of guaranteeing the rights of a party or parties adopted for cases settled in the jurisdiction process. The starting point of the analysis is the identification of the basic standard for determining the procedural position of a party in administrative proceedings, and then confronting with the solutions of the institution of quiet settlement of the matter in the scope different from the standard.

Due To Sell Off Power Of Legal Documents Are Made In Making Act Commerce Land And Buildings By Notary

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 777
Author(s):  
Paulus Meldif Dika Pratama ◽  
Gunarto Gunarto
Keyword(s):  
Income Tax ◽  
Government Regulation ◽  
Legal Theory ◽  
Real Life ◽  
Social Institution ◽  
Justice Theory ◽  
Certificate Authority ◽  
Legal Documents ◽  
Legal Consequences ◽  
Made In

The purpose of this study was to analyze the legal consequences of the agreement of power sell off made in the manufacture of an agreement of sale by Notary. Legal theory used in this study, among others: justice theory, the theory of authority and responsibility theory. The approach used in this study is primarily sociological juridical approach. Sociological juridical approach is to identify and conceptualize law as a social institution that is real and functional in a real life system. The results of this study finally provides the answer that the certificate authority to sell off which made the authorizer to the Proxy should still be subject to and required for payment of taxes from the sale of land and / or buildings that have been sold such, it thus obliged Notary socialize at the time the parties face because it is concerned responsibility by agreement authorized to sell he made in the manufacture of an agreement of sale in accordance with the provisions stipulated in the Indonesian Government Regulation No. 36 of 2016 regarding Income Tax on Income From the Transfer of Rights to Land and / or Buildings, And Agreements sale and purchase Land And / Or Building Along with its amendment.Keywords: Certificate Authority To Sell; Agreement Of Sale; Notary.

Zur Mehrsprachigkeit in der Schweiz und im schweizerischen Rechtssystem

2016 ◽  
Vol 61 (2) ◽  
Author(s):  
Paweł Bielawski
Keyword(s):  
French Text ◽  
Legal System ◽  
Legal Texts ◽  
Swiss Confederation ◽  
Official Languages ◽  
Made In

AbstractThe article analyses how the Swiss Confederation regulates its multilingualism and the role the official languages play in the legislative and judicial processes of this country. It is proved here that the legislation in Switzerland is not made in all four official languages, hence it depends on translation. Considering that only German and French text versions of Swiss laws are aligned to each other, the article further examines whether the differences existing between the language versions of these legal texts lead to pragmatic divergences. Against this backdrop, the article considers whether the legal system of the multilingual Switzerland can be called multilingual.

Quel corpus pour l’étude du dialecte niçois ?

2021 ◽  
Vol 137 (2) ◽  
pp. 344-361
Author(s):  
Philippe Del Giudice
Keyword(s):  
Middle Ages ◽  
Written Language ◽  
Linguistic Features ◽  
Descriptive Grammar ◽  
Written Production ◽  
Starting Point ◽  
Social Use ◽  
Over Time ◽  
Made In ◽  
Do So

Abstract A new project has just been launched to write a synchronic, descriptive grammar of Niçois, the Occitan dialect of Nice. In this article, I define the corpus of the research. To do so, I first review written production from the Middle Ages to the present. I then analyze the linguistic features of Niçois over time, in order to determine the precise starting point of the current language state. But because of reinforced normativism and the decreasing social use of Niçois among the educated population, written language after WWII became artificial and does not really correspond to recordings made in the field. The corpus will thus be composed of writings from the 1820’s to WWII and recordings from the last few decades.

scholarly journals Treatments’ Complexity in Dental Care Assistance, Urban Versus Rural Environment - Preliminary Study

2021 ◽  
Vol 26 (1) ◽  
pp. 75-78
Author(s):  
Camelia Ionescu ◽  
Mădălina Adriana Malița ◽  
Viorel Ștefan Perieanu ◽  
Mihai Burlibașa ◽  
Magdalena Natalia Dina ◽  
...  
Keyword(s):  
Dental Care ◽  
Urban Areas ◽  
Rural Environment ◽  
Facial Region ◽  
Starting Point ◽  
Preliminary Study ◽  
Dental Offices ◽  
Care Assistance ◽  
Urban Versus ◽  
Made In

Abstract When talking about dental assistance we actually refer to the prevention, detection and treatment of diseases of the oral and maxillo-facial region which, in most cases, have as a starting point or interest the dento-maxillary system. In this material, we tried to present a comparative study on the typology and complexity of different stages of dental treatments that can be performed in urban areas, compared to various stages of dental treatments that are performed and / or could be made in rural dental offices from in Romania.

scholarly journals Otras imágenes y otras palabras de la Transición española

Neuróptica ◽  
2020 ◽  
pp. 103-118
Author(s):  
Pablo Dopico
Keyword(s):  
Democratic Transition ◽  
Multidisciplinary Approach ◽  
Historical Document ◽  
Starting Point ◽  
Joint Study ◽  
Siglo Xx ◽  
Direct Reflection ◽  
Made In

Resumen: Desde un enfoque inter y multidisciplinar, el estudio conjunto de la obra de Eduardo Haro Ibars, Alberto García-Alix y Ceesepe se presenta como punto de partida para abordar algunos nexos y relaciones existentes entre el cómic underground, la fotografía y la poesía realizadas en la España de la Transición democrática. Con el objetivo de establecer vínculos entre el cómic y otras artes, este análisis pretende descubrir múltiples afinidades entre los tres autores y entre ambos lenguajes, el visual y el literario, reivindicando su valor como documento histórico de excepcional interés que ofrece un reflejo directo de los acontecimientos ocurridos en España entre la prometedora década de los setenta y el desencanto de los ochenta del pasado siglo XX. Abstract: From an inter and multidisciplinary approach, the joint study of the work of Eduardo Haro Ibars, Alberto García-Alix and Ceesepe is presented as a starting point to address some links and relationships between underground comics, photography and poetry made in the Spain of the democratic transition. With the aim of establishing links between the comic and other arts, this analysis aims to discover multiple affinities between the three authors and between both languages, the visual and the literary, claiming their value as a historical document of exceptional interest that offers a direct reflection of the events in Spain between the promising decade of the seventies and the disenchantment of the eighties of the last century.

scholarly journals From damage models to SIR epidemics and cascading failures

2009 ◽  
Vol 41 (1) ◽  
pp. 247-269 ◽  
Author(s):  
Maude Gathy ◽  
Claude Lefèvre
Keyword(s):  
Branching Process ◽  
Damage Model ◽  
Exact Distribution ◽  
Partial Sums ◽  
Mathematical Tool ◽  
Close Approximation ◽  
Final Size ◽  
Damage Models ◽  
Starting Point ◽  
Made In

This paper is concerned with a nonstationary Markovian chain of cascading damage that constitutes an iterated version of a classical damage model. The main problem under study is to determine the exact distribution of the total outcome of this process when the cascade of damages finally stops. Two different applications are discussed, namely the final size for a wide class of SIR (susceptible → infective → removed) epidemic models and the total number of failures for a system of components in reliability. The starting point of our analysis is the recent work of Lefèvre (2007) on a first-crossing problem for the cumulated partial sums of independent parametric distributions, possibly nonstationary but stable by convolution. A key mathematical tool is provided by a nonstandard family of remarkable polynomials, called the generalised Abel–Gontcharoff polynomials. Somewhat surprisingly, the approach followed will allow us to relax some model assumptions usually made in epidemic theory and reliability. To close, approximation by a branching process is also investigated to a certain extent.

scholarly journals The tale of the fungi of two gardens: non-lichenised fungi of the Botanic Gardens in Glasgow

2019 ◽  
Vol 27 (1) ◽  
pp. 57-63
Author(s):  
R. Watling
Keyword(s):  
City Council ◽  
Complete List ◽  
Botanic Gardens ◽  
Short Account ◽  
Starting Point ◽  
History Of ◽  
Made In ◽  
Present Site

A brief history of the early days of mycology in Scotland is given to act as a starting point from which to view the fungal records made in the gardens at Sandyford and Kelvinside. The former was vacated in 1842 and the garden transferred to the present site at Kelvinside under the authority of the Glasgow City Council. The role of J.F. Klotzsch in generating the earliest records is emphasised and the compilation of fungal records, mainly of macrofungi, until the present day is discussed. A short account of the microfungi is given. A complete list of the fungi recorded from the two gardens is provided.

Deinstitutionalization revisited

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Herman Aksom
Keyword(s):  
Design Methodology ◽  
Institutional Isomorphism ◽  
Alternative Theory ◽  
Organizational Fields ◽  
Content Type ◽  
Starting Point ◽  
Scope Of Application ◽  
The Subject ◽  
Alternative Practices ◽  
Organizational Literature

Purpose The purpose of this paper is to offer a new analysis and understanding of the notion of deinstitutionalization. Deinstitutionalization of taken-for-granted practices as a natural consequence of ever-increasing entropy seems to directly contradict the major institutional thesis, namely, that over time isomorphic forces increase and, as a result, possibilities for deinstitutionalization decrease culminating in the impossibility of abandoning in highly institutionalized fields. Design/methodology/approach This paper is conceptual in nature. Oliver’s 1992 paper on deinstitutionalization is taken as a key text on the subject and as a starting point for building an alternative theory of deinstitutionalization. More broadly, institutional theory and organizational literature on diffusion/adoption are reviewed and synthesized. Findings The authors argue that possibilities for deinstitutionalization have been overestimated in institutional literature and offer a revisited account of deinstitutionalization vs institutional isomorphism and institutionalized vs highly diffusing-but-not-institutionalized practices. A freedom for choice between alternative practices exists during the pre-institutional stage but not when the field is already institutionalized. In contrast, institutionalized, taken-for-granted practices are immutable to any sort of functional and political pressures and they use to persist even when no technical value remains, thus deinstitutionalization on the basis of a functional dissatisfaction seems to be a paradox. Research limitations/implications By revisiting the nature and patterns of deinstitutionalization, the paper offers a better conceptual classification and understanding of how organizations adopt, maintain and abandon organizational ideas and practices. An important task of this paper is to reduce the scope of application of deinstitutionalization theory to make it more focused and self-consistent. There is, however, still not enough volume of studies on institutional factors of practices’ abandonment in institutional literature. The authors, therefore, acknowledge that more studies are needed to further improve both the former deinstitutionalization theory and the framework. Originality/value The authors offer a solution to this theoretical inconsistency by distinguishing between truly institutionalized practices and currently popular practices (highly diffused but non-institutionalized). It is only the latter that are subject to the norms of progress that allow abandoning and replacing existing organizational activities. Deinstitutionalization theory is, thus can be applied to popular practices that are subject to reevaluation, abandonment and replacement with new optimal practices while institutions are immutable to these norms of progress. Institutions are immutable to deinstitutionalization and the deinstitutionalization of optimal practices is subject to the logic of isomorphic convergence in organizational fields. Finally, the authors revisit a traditional two-stage institutional diffusion model to explain the possibility and likelihood of abandonment during different stages of institutionalization.

Avatar-Based Modeling of Digital Communication in Political Conflicts

2020 ◽  
pp. 66-75
Author(s):  
Ekaterina Yuryevna Aleshina ◽  
Vardan Mkrttchian ◽  
Leyla Ayvarovna Gamidullaeva
Keyword(s):  
Effective Means ◽  
Development Aid ◽  
Intervention Strategies ◽  
Agent Based Modeling ◽  
Agent Based ◽  
Political Conflicts ◽  
Flight Simulators ◽  
Commercial Airline ◽  
Starting Point ◽  
Short Period

Many of the findings within the data have generated more questions than answers; but in doing so, illuminated several paths of further investigation that may provide greater insights into the complexities of stabilizing troubled states. This chapter then, is a starting point on a journey to discover more effective means to deliver humanitarian and development aid to conflicted societies without doing greater harm in the process. Holland discusses the utility of flight simulators in helping commercial airline pilots experience a variety of scenarios that would be unthinkable to expose passengers to in the real world. The value of the pilot's experience in the simulator depends on how closely the simulator matches the aircraft it models. With even greater numbers of lives and resources at stake, utilizing agent-based modeling as a policy simulator would allow leaders to experiment with numerous response and intervention strategies in a very short period of time.

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