scholarly journals Stratification of language users

2019 ◽  
Vol 70 (3) ◽  
pp. 515-528
Author(s):  
Juraj Dolník
Keyword(s):  
Ordinary Language ◽  
Public Communication ◽  
Standard Language ◽  
The Public ◽  
Starting Point ◽  
The Status ◽  
Communication Activity ◽  
Linguistic Behaviour ◽  
The Right ◽  
Answering Questions

AbstractThis study is about one of the ways in which community of language users appear to be structured: the users of standard language are hierarchicaly stratified with regard to the degree of rationality that determines the ways in which language is conceived of. The starting-point is that all language users are linguistic experts that are stratified in four groups with these labels: practical, educated, theoretical and metatheoretical linguistic experts. Practical linguistic expert is not a commonly used term but it is useful in answering questions that could be asked about the status of ordinary language users in the linguistic life of society. The author argues for the right of these users to power to influence the linguistic behaviour in the public communication. He is interested in the contrast between practical and rational linguistic order and in the reasons for why preference of practical linguistic order is in accordance with tendency to natural communication activity.

Realising immigration as a human right: public justification and cosmopolitan solidarity

2021 ◽  
pp. 136843102098713
Author(s):  
David Martínez ◽  
Alexander Elliott
Keyword(s):  
Public Sphere ◽  
Social Theory ◽  
Public Justification ◽  
Human Right ◽  
National State ◽  
The Public ◽  
Starting Point ◽  
Legal Structures ◽  
The Right ◽  
Normative Justification

According to David Miller, immigration is not a human right. Conversely, Kieran Oberman makes a case for immigration as a human right. We agree with the latter view, but we show that its starting point is mistaken. Indeed, both Miller and Oberman discuss the right to immigration within the liberal paradigm: it is a right or not depending on the correct balance between the interests of the citizens of a given national state and the interests of the immigrants. Instead, we claim that public justification can underpin immigration as a human right. That said, the public justification of the right to immigration has several counterarguments to rebut. Before we deal with that issue, relying on Jürgen Habermas’s social theory, we examine the legal structures that could support the right to immigration in practice. To be sure, this does not provide the normative justification needed, instead it shows the framework that allows the institutional realization of this right. Then, through a combination of civic and cosmopolitan forms of solidarity, the article discusses the formation of a public sphere, which could provide the justification of the right to immigration.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

Augustinus: Der Markt der Geschwätzigkeit und der Sinn des Verstehens

Rhetorik ◽  
2015 ◽  
Vol 34 (1) ◽  
Author(s):  
Johann Kreuzer
Keyword(s):  
Philosophy Of Language ◽  
Intellectual Development ◽  
Ordinary Language ◽  
14Th Century ◽  
De Trinitate ◽  
Starting Point ◽  
The Status ◽  
De Magistro ◽  
History Of ◽  
The Subject

AbstractThe paper discusses the intellectual development of Augustinus by means of his discussion of the status, the sense, the function and his judgement on rhetoric. This discussion let Augustinus be an important station in the history of the philosophy of language. Starting point is the explanation of the dialectics of the topos (or pathos) of the ›ineffabilis‹. Augustinus shows that the antirhetoric meaning of the ineffable leads in selfcontradictions. Therefore he discusses the forms and the conditions of understanding. This begins with the early dialogue De magistro and reaches to De trinitate and one of the central subjects within this theoretical mainwork of Augustinus: the concept of the verbum intimum. With the (at first view) extreme reductionism in the theory of signs, presented in De magistro - a mental ›oracle‹ is claimed as instance and criterion of understanding -, he destructs the naive representation-belief in an 1:1-relation between outer signs and mental contents. The subject of the ›inner word‹ in De trinitate then is the question of understanding signs as signs. It is shown that only the explanation of the inner word as a mental achievement within ordinary language is sufficient to answer the question of understanding. An excursus elucidates that the sermocinalis scientia of Wilhelm v. Ockham in the 14th century continues the discoveries and philosophical innovations, Augustinus made at the end of antiquity. These discoveries are inalienable for present debates concerning the philosophy of language. And they are inalienable for concepts of rhetoric based in the hermeneutics of understanding. The critique of rhetoric as ›fair of talkativeness‹ brings up a purified sight of the art of language: of the art, language ›is‹.

scholarly journals Accessibility of Public Open Space for Children with Disabilities (Case study: Gajah Wong Park and Denggung Park, D.I. Yogyakarta)

2019 ◽  
Vol 3 (1) ◽  
pp. 19-31
Author(s):  
Andi Al-Mustagfir Syah ◽  
Wiryono Raharjo
Keyword(s):  
Open Space ◽  
Children With Disabilities ◽  
Analysis Method ◽  
Persons With Disabilities ◽  
Space Planning ◽  
The Public ◽  
Public Open Space ◽  
The Status ◽  
The Right

A group of children experience disability in segregation conditions, namely the status of individuals who have difficultie / are denied access to public services. Many of them are marginalized and it is difficult to access existing facilities in the city. The aim of the study was to find out what application of accessibility services tended to have been implemented and which was still less applied in urban public open space planning. In terms of efforts to achieve the right of equality and fulfillment of services in the public open space for children with disabilities. The method used in this study is qualitative and this research is descriptive. by collecting data related to elephant wong parks and denggung parks. then the data were analyzed using the Miles and Huberman analysis method, namely the analysis method with 3 stages. 1) data reduction 2) data display 3) conclution. The results of this study indicate that the application of accessibility services in terms of four criteria, namely: ease, usability, safety, and independence. Ease is still a priority in the design of public open space and independence is still a part that has not been well considered, so that public open space cannot be used independently for persons with disabilities. Keyword: Accessibility, Open Space, Disabled child  

scholarly journals The (Draft) European Charter of the Commons – Between Opportunities and Challenges

2018 ◽  
Vol 16 (2) ◽  
pp. 91-108
Author(s):  
Anna Simonati
Keyword(s):  
Legal Framework ◽  
General Interest ◽  
Strategic Decisions ◽  
Strategic Choices ◽  
Scarce Resources ◽  
The Public ◽  
Starting Point ◽  
The Commons ◽  
The Right ◽  
Open Issues

The concept of ownership, which (in Italy and similarly in other European systems) is still essentially based on private law rules, is currently not sufficient to ensure the satisfaction of the general interest in an increasingly wide access to scarce resources, in the perspective of equality and fairness on the field. At the same time, strong criticism has been expressed about the frequent phenomenon of privatisation of originally public assets and resources. The threats to the pursuit of the public benefit posed by privatisation may be tackled by constructing a new legal framework, aimed to protect the right of the populations to be involved not only in the use, but also in the management of the commons. An expression of this idea is the draft European Charter of the Commons, which is the result of a collective brain-storming by a group of scholars rather than a source of law. Its non-normative nature has allowed its authors to express particularly ‘brave’ positions. This article takes the Charter as a starting point to focus on some open issues. The main proposal concerns the possible exploitation of new participatory models for the involvement of communities of users in the strategic decisions on the management of the commons. In such perspective, a brief reference to the Italian legal system is made. In Italy, there are no systemic rules about the commons, but some procedures to involve the interested local communities in the strategic choices have been experimented, which can serve as an illustration also for otherEU countries.

scholarly journals El derecho a un medio ambiente sano: su reconocimiento en el constitucionalismo comparado y en el derecho internacional

2007 ◽  
pp. 513
Author(s):  
Jaume Vernet i LLobet ◽  
Jordi Jaria Manzano
Keyword(s):  
Legal Status ◽  
National Level ◽  
Point Of View ◽  
Social Needs ◽  
General Category ◽  
Healthy Environment ◽  
Starting Point ◽  
The Status ◽  
Actual Harm ◽  
The Right

During the last three decades the recognition of some kind of rights about environmental protection has been developed around the world, in international public law as in internal constitutional law. Despite this, it has been a excruciating question to define the content of this kind of rights. The general category of the right to a healthy environment receives a different treatment in different legal systems and has a complex set of facets hard to be insert into an unity. This work try to describe the situation of the recognition of the right to a healthy environment in the international and the national level with the final aim of state that this situation of fact demands to define a legal content of it, despite the difficulties that have been noted by the scholars, tending to underline the impossibility of give to it a real legal status. We are facing a legal reality answering with more or less success to social needs and it is required to accept the process of general recognition of the right and to extract conclusions of this. After the presentation of the status of the situation in international main documents and significant constitutions, the work makes a proposal to give content to the right to a healthy environment in a double sense. First, we have a defensive approach, which aims to give individuals the legal weapons to react against actual aggressions that affect them directly; and second, we have the cooperative point of view, which aims to give them access to the decision-making process. The first approach more or less reacts to actual harm. The second is intended to prevent harm. This could be a starting point to advance in define a legal content of this right.

scholarly journals Snap4City Platform to Speed Up Policies

2021 ◽  
pp. 103-114
Author(s):  
Nicola Mitolo ◽  
Paolo Nesi ◽  
Gianni Pantaleo ◽  
Michela Paolucci
Keyword(s):  
Real Time ◽  
Public Transportation ◽  
Smart City ◽  
Smart Cities ◽  
Research Centers ◽  
Time Data ◽  
Aggregated Data ◽  
The Public ◽  
Starting Point ◽  
The Status

AbstractIn the development of smart cities, there is a great emphasis on setting up so-called Smart City Control Rooms, SCCR. This paper presents Snap4City as a big data smart city platform to support the city decision makers by means of SCCR dashboards and tools reporting in real time the status of several of a city’s aspects. The solution has been adopted in European cities such as Antwerp, Florence, Lonato del Garda, Pisa, Santiago, etc., and it is capable of covering extended geographical areas around the cities themselves: Belgium, Finland, Tuscany, Sardinia, etc. In this paper, a major use case is analyzed describing the workflow followed, the methodologies adopted and the SCCR as the starting point to reproduce the same results in other smart cities, industries, research centers, etc. A Living Lab working modality is promoted and organized to enhance the collaboration among municipalities and public administration, stakeholders, research centers and the citizens themselves. The Snap4City platform has been realized respecting the European Data Protection Regulation (GDPR), and it is capable of processing every day a multitude of periodic and real-time data coming from different providers and data sources. It is therefore able to semantically aggregate the data, in compliance with the Km4City multi-ontology and manage data: (i) having different access policies; and (ii) coming from traditional sources such as Open Data Portals, Web services, APIs and IoT/IoE networks. The aggregated data are the starting point for the services offered not only to the citizens but also to the public administrations and public-security service managers, enabling them to view a set of city dashboards ad hoc composed on their needs, for example, enabling them to modify and monitor public transportation strategies, offering the public services actually needed by citizens and tourists, monitor the air quality and traffic status to establish, if impose or not, traffic restrictions, etc. All the data and the new knowledge produced by the data analytics of the Snap4City platform can also be accessed, observing the permissions on each kind of data, thanks to the presence of an APIs complex system.

scholarly journals Application of Cassava Slicer Machine and Oil Dryer Machine in Micro Enterprises in Simalungun District

2019 ◽  
Vol 2 (1) ◽  
pp. 39-46
Author(s):  
Maruf Tafsin
Keyword(s):  
Community Service ◽  
Public Interest ◽  
Process Analysis ◽  
Direct Analysis ◽  
The Public ◽  
Initial Stage ◽  
Starting Point ◽  
Extension Activity ◽  
The Right ◽  
Micro Enterprises

Cassava chips are one of the types of snacks that are in the public interest. So this is a market object that is quite promising by entrepreneurs. But they must compete in quality and taste. So far, slicing cassava and draining cassava chips produced manually so that the results are less than optimal and from this problem where become the starting point to solve solution to the micro-enterprises .             The method used in carrying out this training consists of several methods, namely: (1) Survey to the place of partners in the micro business group in Simalungun. This survey is the initial stage of the activity, which in this activity aims to see firsthand the problems faced. This survey stage is very crucial to get the right solution to the problems that exist. (2) Prequestionnaire this activity is carried out to see how far partners understand how vital the operation and maintenance of the machine. (3) Preparation of cassava slicing machines, this stage consists of several parts including the design of tools that suit the needs of partners, this needs to carry out so that the appropriate equipment specifications obained. (4) Application of equipment and process analysis, this stage is carried out at the partner's place, this stage demonstrates the use of cassava slicing machines to partners so that the results of a direct analysis are seen to increase the efficiency of the use of machinery to the production process. (5) Counseling to partners, this extension activity is significant to be carried out as part of community service. This extension is done to transfer technology to partners in terms of the use and maintenance of the machines provided; (6) Post questionnaire, the questionnaire activity at the end of the devotion activity aims to measure whether the problem faced by the partner has been resolved, and see the increase in the benefits of the machine being donated.

scholarly journals The Status of e-Administration in Hungary – Are We on the Right Track?

2017 ◽  
Vol 2 (2) ◽  
pp. 42-59
Author(s):  
Bernadett Veszprémi
Keyword(s):  
Public Sector ◽  
Public Administration ◽  
Daily Lives ◽  
The Public ◽  
Entire Process ◽  
The Status ◽  
Private And Public ◽  
Public Sectors ◽  
The Right

The goal of this study is to define (or find out) where Hungary currently stands in the development of e-Administration solutions. The issue is more topical than ever, as infocommunications became an integral part of our daily lives, affecting both the private and public sectors, and changing our ways of working – thus, it requires our understanding. When it comes to the public sector, however, striking changes can only be achieved if the entire process of public administration is (or would be) changed. The goals are clear: work should be faster, as it would result in satisfied clients, cut costs and more efficient procedures. The question to ask now is where Hungary stands in this endeavour. Are we on the right track?

scholarly journals The judiciary system and the social care system policy on contractual capacity: Overview of research conducted in the City of Belgrade

2020 ◽  
Vol 59 (88) ◽  
pp. 135-156
Author(s):  
Marta Sjeničić ◽  
Sandra Perić ◽  
Dragana Marčetić
Keyword(s):  
Social Care ◽  
Care Service ◽  
Competent Authority ◽  
Social Model ◽  
Social Care Service ◽  
Starting Point ◽  
The Social ◽  
The Status ◽  
The Right ◽  
The City

Contractual capacity is the starting point for exercising most human rights. It entails the capacity to sign contracts and enter into the legal transactions, and it is a gateway to exercising a range of labour, voting, family, property, succession (etc.) rights envisaged by the law. The full deprivation of contractual capacity leads to the deprivation of most other capacities. Thus, a person is de iure and de facto excluded from societal life. The mechanism for deprivation of contractual capacity exists in both domestic and foreign jurisprudence, as a way of protecting individual rights. The deprivation of contractual capacity in adults is applicable when the competent authority determines one's mental or intellectual impairment. In the past, the prevailing approach to establishing such disability was the medical approach, which is largely the same today, while the social model is seldom applied. The issue of protection of the right to contractual capacity has seldom been comprehensively analyzed, either from the standpoint of social care services or from the standpoint of jurisprudence. Yet, they are both equally relevant in the process of assessing contractual capacity. This paper presents the results of research conducted in social care centers and courts in the territory of the City of Belgrade (Serbia). The research was aimed at establishing whether the status and position of social care service users has improved after introducing the legal mechanism authorizing the courts to assess (within a specific time limit) if there are reasons for continuing the imposed measure of deprivation of contractual capacity, as well as to analyze the major reasons for initiating the legal action for reassessment of contractual capacity.

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