scholarly journals O CONTRATO SOCIAL BRASILEIRO VERSUS AS TEORIAS NEOCONTRATUALISTAS MODERNAS

2020 ◽  
Vol 9 (11) ◽  
pp. 1-12
Author(s):  
Juliano Gil Alves PEREIRA ◽  
Paulo Ricardo SANTANA ◽  
Pedro César Sousa OLIVEIRA
Keyword(s):  
Comparative Analysis ◽  
Social Theory ◽  
Social Contract ◽  
John Rawls ◽  
Marxist Theory ◽  
The Other ◽  
Analysis Method ◽  
Key Issues ◽  
The Republic ◽  
Egalitarian Theory

O presente trabalho busca analisar comparativamente os principais aspectos da Constituição da República Federativa do Brasil, de 1988, com as teorias neocontratualistas igualitária, libertária e marxista analítica objetivando averiguar se a Carta Magna, compreendida como pacto social brasileiro, se aproxima ou contempla alguma das teorias sociais modernas. Sendo uma pesquisa descritivo-explicativa, com abordagem qualitativa e de vertente jurídico-dogmática, adotou-se o método de análise comparativo. Utiliza-se a teoria igualitária de John Rawls, expondo os conceitos de liberalismo igualitário e Constituição Justa; a teoria libertária nozickiana, compreendendo as dimensões do Estado Mínimo; e a teoria marxista analítica, com os conceitos empíricos-marxistas e a justiça proletária. Os resultados aparecem de maneira discrepante sendo a teoria igualitária a que mais se aproxima, comparativamente, da Constituição da República, ao passo que as demais diferem de questões essenciais do documento jurídico-político brasileiro. Conclui-se que a Constituição Federal possui caráter eclético e, contemplando diversas disposições das teorias modernas neocontratualistas, aproxima-se mais da teoria igualitária.   BRAZILIAN ARTICLES OF ASSOCIATION VERSUS MODERN NEOCONTRACTUALISM THEORIES   ABSTRACT The present paper seeks to comparatively review the main aspects of the Constitution of the Federative Republic of Brazil, from 1988 to egalitarian neo-contractualism, libertarian and analytical Marxism theories, it aims at determining if the Magna Carta, construed as a Brazilian social contract, approaches or deliberates any modern social theory. It is descriptive-explanatory research, with qualitative, and legal-dogmatic approaches, the comparative analysis method was adopted. The paper draws on John Rawls's egalitarian theory, describing the concepts of egalitarian liberalism and Just Constitution; Nozick libertarian justice theory including the dimensions of Minima State; and analytical Marxist theory, within empirical Marxist concepts, and proletarian justice. The results were disparate, being the egalitarian theory the closest one when comparing it to the Constitution of the Republic, whereas the other theories differ from the key issues of Brazilian legal political document.  It was concluded that the Federative Constitution has eclectic purposes, covering several neocontractualist modern theories clauses, mostly approaching the egalitarian theory.   keywords: Egalitarianism. Libertarianism. Analytical Marxism. Equity.

scholarly journals Mencermati Teori Keadilan Sosial John Rawls

2018 ◽  
Vol 5 (1) ◽  
pp. 175-192
Author(s):  
A. Khudori Soleh
Keyword(s):  
Social Contract ◽  
John Rawls ◽  
John Locke ◽  
Equal Opportunity ◽  
The Other ◽  
Social Injustice ◽  
First Principle ◽  
Justice Theory ◽  
Basic Concepts ◽  
Principles Of Justice

Rawls' justice theory is based on three basic concepts: concept of property from John Locke, social contract from Rousseau, and imperative categories from Kant. This Rawls' justice conception itself emerges as a respond for social injustice in society as well as i nequitable behavior affected by the ethics of utilitarianism. Furthermore, according to Rawls, justice is fairness. The principles of justice are, (1) equal and maximum feasible liberty for all, (2) power and wealth to be distributed equally, except where inequalities; would work for the adage of all and where all would have equal opportunity to attain the higher position. The first principle supposes as permanent principle and, which cannot be interpreted. On the other hand, the second principle degrades two formulas: (a) everyone’s  advantage (b) equally open. So forth, from formula (a) can be degraded two possibilities: principle of efficiency and principle of differentiation, whereas from formula (b) also can be degraded two possibilities: equality as careers open to talents and equality as equality of fair opportunity): Hencefonh, from possibility of (a) and (b) yielded four possibilities of justice interpretation: natural freedom, free equality, free aristocracy and the equality democratize.  

scholarly journals Suitability of aggregates gradation for base and subbase layers of pavement

Tehnika ◽  
2021 ◽  
Vol 76 (3) ◽  
pp. 291-301
Author(s):  
Marijana Nikolić-Ivanović ◽  
Olivera Đokić ◽  
Vladimir Milićević ◽  
Suzana Stefanović ◽  
Bratislav Milić
Keyword(s):  
Comparative Analysis ◽  
Granulometric Composition ◽  
Road Construction ◽  
The Other ◽  
Crushed Stone ◽  
Quality Requirements ◽  
Technical Requirements ◽  
Field Control ◽  
Technical Specifications ◽  
The Republic

The assessment of the suitability of the granulometric composition of the crushed stone aggregates (CSA) for an unbound base and subbase layers of pavement, in the Republic of Serbia is done based on the defined gradation bands, uniformity degree (Cu), coefficient of curvature (Cz), percentage of fines and percentage of particles passing a 0.02 mm sieve. On the other hand, standards which define the quality requirements of aggregates and unbound mixtures for road construction SRPS EN 13242 and SRPS EN 13285 introduce a significantly different approach to the assessment of the granulometric composition suitability. Categories are defined. Each category includes a particular boundary band, tolerances on sieves, differences in values passing each sieve. The categories are defined depending on the field of the application. For seven CSA 0/31.5 mm used for the construction of Corridor XI, a comparative analysis of the granulometric composition suitability was performed according to the requirements of the existing Technical Specifications (TS) of PE "Roads of Serbia" (PERS) and the specified SRPS EN standards. The analysed curves satisfy those technical requirements, but vary in categories from the most severe mixtures of the normal granulometric composition of the GA category, to the open mixtures of the GP category. It was concluded that the principle based on the defining allowed tolerances on the sieves and between the sieves, is more suitable for field control of of the granulometric composition and the good granularity of the aggregates. Technical Specifications should be modified to this approach.

scholarly journals Comparative Analysis of Casework by the Supreme Court of the Republic of Latvia and the Supreme Court of the Republic of Finland

2016 ◽  
Vol 2 (5) ◽  
pp. 74-85
Author(s):  
Vladimir Jilkine
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Case Law ◽  
The Other ◽  
European Convention ◽  
European Court ◽  
The Supreme Court ◽  
The Republic ◽  
National Constitution ◽  
Legal Meaning

The article deals with the legal meaning of the European Convention and decisions of the European Court of Human Rights for the national law proceedings in Latvia and Finland. Case-law of the Republic of Latvia Supreme Court and Supreme Court of Republic of Finland shows that the European Convention refers to important legal instruments, which must be taken into account when deciding on the case. When considering claims for cancellation of in force decisions on the basis of the ECHR Resolution on the recognition of a violation by Finland of Articles of the Convention, the Court refers to numerous decisions of the European Court of affecting the interests of Finland and the other member countries of the Convention, details examining and comparing the circumstances of each case. At the same time the final basis for a decision is based on the national Constitution of the Republic of Finland and Procedure. Rakstā tiek analizēta Eiropas Konvencijas juridiskā nozīme un Eiropas Cilvēktiesību tiesas lēmumi kontekstā ar nacionālajām tiesībām Latvijā un Somijā. Latvijas Augstākās tiesas un Somijas Republikas Augstākās tiesas judikatūra liecina, ka Eiropas Konvencija uzskatāma par svarīgu juridisku instrumentu, kas jāņem vērā, izskatot lietu. Kad tiek izskatītas sūdzības par spēkā esoša nolēmuma atcelšanu, pamatojoties uz ECT rezolūciju par pārkāpuma atzīšanu Somijā, tiesa atsaucas uz daudziem ECT lēmumiem par konvencijas pārkāpumiem Somijā un citās valstīs, detalizēti izskatot un salīdzinot apstākļus katrā lietā. Vienlaikus galīgais lēmums ir balstīts uz Somijas Republikas Konstitūciju un procedūru.

scholarly journals The ethics of imagining and the dramaturgy of spectatorship

2020 ◽  
Vol 10 (1) ◽  
pp. 41-55 ◽  
Author(s):  
Ulla Kallenbach
Keyword(s):  
The Other ◽  
Social Imaginary ◽  
De Anima ◽  
Ethical Aspects ◽  
The Real ◽  
Narrative Imagination ◽  
Theatrical Performance ◽  
Key Issues ◽  
The Republic ◽  
The Spectator

This article will address the ethical aspects of imagination and spectating. Since Plato’s denunciation of imagination in The Republic and Aristotle’s judgement in De Anima that ‘imaginings are for the most part false’, the notion of the human imagination has been controversial. In relation to theatrical performance, key issues concern how performance acts on the imagination of the spectator – and what actions of the spectator’s imagination might perform in return. In this article, I will address the ethics of imagination: as an examination of truth and falseness, as an issue of responsibility and choice, as a social imaginary and a narrative imagination that allows one to relate to the other, and finally as an exploration of the embodied basis of imagination, which again involves a questioning of the line between the real and the imaginary. In conclusion, I will take Sarah Kane’s Cleansed and Tim Crouch’s The Author as examples of two plays that explicitly address the ethics of imagining.

The Social Contract (Contract of Government)

2011 ◽  
Author(s):  
Johann Sommerville
Keyword(s):  
Twentieth Century ◽  
Immanuel Kant ◽  
Social Contract ◽  
John Rawls ◽  
Thomas Hobbes ◽  
The Other ◽  
Political Society ◽  
Robert Nozick ◽  
The Social ◽  
The One

Social-contract theories flourished in Europe in the sixteenth, seventeenth, and eighteenth centuries, had roots extending far further back, and continue to be influential today. John Rawls revived one type of contract theory in the mid-twentieth century, while another featured in the work of Robert Nozick. One kind of theory centers on a real or hypothetical contract between individuals to establish a political society—a contract of society. Another focuses on a contract between the society or people, on the one hand, and the ruler or government, on the other—a contract of government. In the heyday of theorizing about the social contract, it was the contract of government that received most attention. When people joined together to form political societies, they proceeded, authority must at first have been in the hands of the whole community, since no one had any greater right to exercise it than anyone else. Some contractualists have used the social contract to cast light on what must always and everywhere be true about states. They include Thomas Hobbes, Jean-Jacques Rousseau, Immanuel Kant, and Rawls.

scholarly journals Image of a snake in Karelian folk medicine

2021 ◽  
Vol 13 (1) ◽  
pp. 59-66
Author(s):  
Tatyana V. Pashkova
Keyword(s):  
Life Cycle ◽  
Comparative Analysis ◽  
Mutual Influence ◽  
Folk Medicine ◽  
Comprehensive Analysis ◽  
The Other ◽  
Animal Origin ◽  
Animal Products ◽  
The Republic ◽  
The One

Introduction. The article considers the use of animal products in Karelian folk medicine in the XIX – early XX centuries. Special attention is paid to the functions of a snake in the medical practice of Karelians in comparison with Veps, Finns and Russians. The author refers to a comprehensive analysis of the functioning of snakes in the ethnomedicine of the Karelians, which includes conservation magic, and the methods of treating diseases. The relevance of the study is defined by the need to study the functioning of representatives of the fauna world in various rites of life cycle, folk medicine of one of the indigenous small peoples of the Republic of Karelia – Karelians. Previously such studies have not been carried out on Karelian material, which determines its novelty. Materials and Methods. The material for the study was animal products (on the example of snakes) used in Karelian folk medicine, examined using comparative historical and comparative methods. Results and Discussion. The author focuses on the use of means of animal origin in folk medicine of the Karelians, the functioning of the snake in medical rites, mythological ideas about snakes. For comparative analysis, information is attracted on the use of snakes as a means of animal origin in the ethnomedicine of Veps, Finns and Russians, the peoples that the Karelians have a close connection with and mutual influence both in cultural and linguistic aspects. Conclusion. Animal products took a significant place in Karelian folk medicine. In the study, this was first traced on the example of a snake, which functions are contradictory. On the one hand, parts of the snake were used by healers as amulets, and “assistants” in magical rituals, on the other hand, it was seen as the embodiment of evil and the cause of disease. A comparative study showed that snakes took an important part as a means of animal origin not only in folk medicine of Karelians, but also of Veps, Finns, as well as Russians.

Siklus Akuntansi, Transparansi, Dan Akuntabilitas Atas Penggunaan Dan Pertanggungjawaban Keuangan Dana BOS Di SDIT X Di Depok, Jawa Barat

Liquidity ◽  
2016 ◽  
Vol 5 (1) ◽  
pp. 53-64
Author(s):  
Yumniati Agustina
Keyword(s):  
Compulsory Education ◽  
Management Team ◽  
The Other ◽  
Operating Costs ◽  
Final Report ◽  
Fund Management ◽  
Government Program ◽  
Financial Accountability ◽  
The Republic ◽  
Transparency And Accountability

Investigation in various regions in Indonesia found indications of the alleged fraud that result from unccountable use and management of BOS funds. Among the findings, including payments that do not fit the technical guidelines, no accountability report, and the use of funds with unaccountable receipt. In the Regulation of the Minister of Education and Culture of the Republic of No. 161/2014, stated that: BOS is a government program that is basically forfunding the nonpersonnel operating costs of the primary education as the implementer of compulsory education program. The purpose of this study were (1) to analyze the accounting cycle and financial accountability for the use of BOS funds in the 2015, (2) to analyze the compliance of the accounting cycle and financial accountability of the BOS funds, (3) to analyze the transparency and accountability of BOS fund’s reports. The observed elementary school is SDIT X in Depok, West Java. Result shows that they do not fully compliance to the appropriate regulatory technical guidelines. On the other hand, the transparency and accountability issues show that: (1) BOS Management Team, Teachers Council and School’s Committee’s involvement in the BOS fund management, and (2) evaluation and comparison of the final report of prior periods, so that transparency and accountability of the use and management of BOS funds can be improved.

Analysis method ofrecruitment needs for the regional economy: Occupational section

2017 ◽  
pp. 142-149 ◽  
Author(s):  
E. Pitukhin ◽  
S. Shabaeva ◽  
I. Stepus ◽  
D. Moroz
Keyword(s):  
Cluster Analysis ◽  
Labor Market ◽  
Comparative Analysis ◽  
Regional Economy ◽  
Dimensional Space ◽  
Analysis Method ◽  
Scalar Form ◽  
Regional Labor Market ◽  
Regional Labor ◽  
Regional Specificity

The paper deals with comparative analysis of occupations in the regional labor market. Occupation is treated as a multi-dimensional space of characte- ristics, whereas a scalar form of a characteristic makes it possible to carry out a comparative analysis of occupations. Using cluster analysis of a pilot region indicators five meaningfully interpretable clusters of occupations were identified, reflecting their regional specificity.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Voronoi Analysis of a Soccer Game

2004 ◽  
Vol 9 (3) ◽  
pp. 233-240 ◽  
Author(s):  
S. Kim
Keyword(s):  
Collective Behavior ◽  
Quantitative Assessment ◽  
The Other ◽  
Analysis Method ◽  
Random System ◽  
Soccer Game ◽  
Voronoi Polygons ◽  
The Mean

This paper describes a Voronoi analysis method to analyze a soccer game. It is important for us to know the quantitative assessment of contribution done by a player or a team in the game as an individual or collective behavior. The mean numbers of vertices are reported to be 5–6, which is a little less than those of a perfect random system. Voronoi polygons areas can be used in evaluating the dominance of a team over the other. By introducing an excess Voronoi area, we can draw some fruitful results to appraise a player or a team rather quantitatively.

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