scholarly journals Can philosophy contribute to a change of ethos? (The road from the law of the ethos toward European law

2003 ◽  
pp. 117-135
Author(s):  
Jovan Arandjelovic
Keyword(s):  
Decision Making ◽  
Crucial Role ◽  
European Law ◽  
The Road ◽  
European Institutions ◽  
Democratic State ◽  
The Law ◽  
Sense Of Justice ◽  
New Criteria

The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based. .

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

scholarly journals A tale of two citizens: The Brey-Dano proportionality gap in UK courts and tribunals

2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton
Keyword(s):  
Decision Making ◽  
National Level ◽  
Case Law ◽  
Eu Law ◽  
The Law

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.

scholarly journals The role of administration in the procedure of expropriation

1997 ◽  
Vol 69 (9) ◽  
pp. 122-142
Author(s):  
Zoran Lončar
Keyword(s):  
Crucial Role ◽  
The State ◽  
Law Schools ◽  
State Administration ◽  
The Law

The paper presents the fundamental factors of expropriation (term, concept, history, law reasons, object, subjects) and the role of administration in the procedure of expropriation. From the aspect of whole procedure the author concludes that the state administration has a crucial role. Because of that in the law schools, expropriation in the largest volume would enter the scope of administration law.

scholarly journals The role of conviction and narrative in decision-making under radical uncertainty

2017 ◽  
Vol 27 (4) ◽  
pp. 501-523 ◽  
Author(s):  
David Tuckett ◽  
Milena Nikolic
Keyword(s):  
Decision Making ◽  
Crucial Role ◽  
Narrative Theory ◽  
Mental States ◽  
Causal Models ◽  
Approach And Avoidance ◽  
Rules Of Thumb ◽  
The Future ◽  
Radical Uncertainty

We propose conviction narrative theory (CNT) to broaden decision-making theory in order to better understand and analyse how subjectively means–end rational actors cope in contexts in which the traditional assumptions in decision-making models fail to hold. Conviction narratives enable actors to draw on their beliefs, causal models, and rules of thumb to identify opportunities worth acting on, to simulate the future outcome of their actions, and to feel sufficiently convinced to act. The framework focuses on how narrative and emotion combine to allow actors to deliberate and to select actions that they think will produce the outcomes they desire. It specifies connections between particular emotions and deliberative thought, hypothesising that approach and avoidance emotions evoked during narrative simulation play a crucial role. Two mental states, Divided and Integrated, in which narratives can be formed or updated, are introduced and used to explain some familiar problems that traditional models cannot.

scholarly journals A RESPONSABILIDADE SOCIAL DA EMPRESA E A CIDADANIA NA PARTICIPAÇÃO DEMOCRÁTICA

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 261
Author(s):  
Leandro Souza ROSA
Keyword(s):  
Decision Making ◽  
Social Responsibility ◽  
Deliberative Democracy ◽  
Social Evolution ◽  
Ethical Responsibility ◽  
Democratic Participation ◽  
Decision Making Process ◽  
Democratic State ◽  
The Social

RESUMOEste artigo analisa a responsabilidade social e ética da empresa, que não se limita a gerar empregos e pagar impostos para criar o lucro, mas também participa ativamente da sociedade, já que o Estado possui uma demanda maior do que consegue suprir e as empresas podem desempenhar o papel de agentes de grandes transformações na vida dos indivíduos. Para tanto, examinou-se a concepção da função social no Estado Democrático de Direito, bem como o instituto da responsabilidade social, cujas diretrizes baseiam-se na cidadania por meio da participação democrática, de modo que o modelo que melhor se enquadraria nesse sistema é o da democracia deliberativa, conforme se demonstra. Assim, por meio de exemplos concretos, buscou-se demonstrar que a empresa pode desenvolver a participação democrática para se envolver no processo decisório e fomentar a evolução social. PALAVRAS-CHAVE: Empresa; Responsabilidade Social; Cidadania; Democracia. ABSTRACTThis article analyzes the social and ethical responsibility of the company, which not only generates jobs and pay taxes to create profit, but also actively participates in society, since the State has a greater demand than it can supply and companies can play the role of agents of great transformations in the life of individuals. For this, the conception of the social function in the Democratic State of Law, as well as the institute of social responsibility, whose guidelines are based on citizenship through democratic participation, was examined, so that the model that would fit best in this system is that of deliberative democracy, as demonstrated. Thus, through concrete examples, it was tried to demonstrate that the company can develop the democratic participation to be involved in the decision-making process and to foment the social evolution. KEYWORDS: Company; Social Responsibility; Citizenship; Democracy.

scholarly journals Axiology of Judicial Application of Enforcement Law: View on the Bailiff’s Discretion

2020 ◽  
Vol 29 (3) ◽  
pp. 149
Author(s):  
Piotr Szczekocki
Keyword(s):  
Decision Making ◽  
Public Interest ◽  
Special Role ◽  
Application Process ◽  
Important Place ◽  
The Public ◽  
General Clause ◽  
The Law ◽  
And Function

<p class="Standard">In the article, the author focused on three theoretical and philosophical issues of the judicial enforcement law in Poland, connected with the new enforcement acts which entered into force on 1 January 2019. First, the judicial enforcement proceedings were presented as an element of the law application process. The axiological dimension of this law, the place and function of a court bailiff in the law application process and the introduction of general clauses, combined with the basic values of the court enforcement law in the form of efficiency, effectiveness and reliability, form the new picture of the judicial enforcement law. Secondly, the problem of a general clause as a “carrier” of extralegal criteria was discussed, which takes an important place in the process of enforcement law application in the new bailiff’s law. There is the special role of the “public interest” and the “interest of justice” clauses as normative constructions introduced by the legislator to judicial enforcement. Thirdly, an attempt was made to answer the question about the presence and possible limits of discretion (free decision-making) of a court bailiff in the surrounding of the new axiology of enforcement law, and especially the formulation of this issue in the process of operative interpretation of law by a court bailiff.</p>

scholarly journals Model-based MRI and psychophysics reveal crucial role of decision-making in visual development in childhood.

2021 ◽  
Vol 21 (9) ◽  
pp. 34
Author(s):  
Tessa Dekker ◽  
Marko Nardini ◽  
Peter Jones
Keyword(s):  
Decision Making ◽  
Crucial Role ◽  
Visual Development ◽  
Model Based

scholarly journals Klasikinio požiūrio į teisėją kaip teisės aiškintoją ir taikytoją alternatyvos

Teisė ◽  
2009 ◽  
Vol 71 ◽  
pp. 147-162
Author(s):  
Rūta Kazanavičiūtė
Keyword(s):  
Decision Making ◽  
Economic Approach ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Realistic Approach ◽  
The Law

Straipsnyje aptariami realistinis ir socioekonominis požiūris į teisėjo vaidmenį santykyje su teise, žvel­giant iš teisės atradimo / kūrimo perspektyvos. Šie požiūriai dar gali būti vadinami laisvo teisėjų sprendi­mų priėmimo ir racionalaus teisėjų sprendimų priėmimo modeliais. Nagrinėjami svarbiausi šių požiūrių bruožai, paskirų teisės mokslininkų pozicijos. The article deals with two groups of possible approaches to the role of the judge in interpreting and ap­plying the law. One of the analyzed approaches is so-called the realistic approach or the model of free judicial decision-making. The second approach is the so-called socio-economic approach or the model of rational judicial decision-making. The main features, examples and problems of these approaches are discussed in this article.

Why Business Unit Controllers Create Budget Slack: Involvement in Management, Social Pressure, and Machiavellianism

2010 ◽  
Vol 22 (2) ◽  
pp. 27-49 ◽  
Author(s):  
Frank G. H. Hartmann ◽  
Victor S. Maas
Keyword(s):  
Decision Making ◽  
Crucial Role ◽  
Social Pressure ◽  
Business Unit ◽  
Budgetary Slack ◽  
Management Accountants ◽  
The Creation ◽  
Personality Construct

ABSTRACT: This paper investigates business unit (BU) controllers’ inclination to engage in the creation of budgetary slack. In particular, we explore whether controllers who are involved in BU decision making are more susceptible to social pressure to engage in slack creation than controllers who are not. We expect, and find, a crucial role of the controller’s personality. Results from an experiment among 136 management accountants suggest that the personality construct Machiavellianism interacts with involvement to explain controllers’ responses to social pressure to create budgetary slack. Controllers scoring high on Machiavellianism are more likely to give in to pressure by BU management to create budgetary slack when they have been involved in decision making. In contrast, controllers scoring low on Machiavellianism are less likely to give in to pressure to create slack when they have been involved in decision making.

Sign in / Sign up

Export Citation Format

Share Document