scholarly journals Japanese law on Gender change

2017 ◽  
Vol 33 (4) ◽  
Author(s):  
Cham Nguyen Thi Phuong

After the Civil Code 2015 (Civil Code 2015) takes effect from January 1st 2017, the first Vietnamese law recognizes sex change. However, there are still many legal issues that can not be resolved. At the same time, there is requirements to develop a relevant law so that these provisions of the Civil Code 2015 come into social life. This article studies Japanese law on gender change from a theoretical and practical point of view, thus proposing the scope of regulation and structure of the relevant laws on this issue in Vietnam in the future.

2016 ◽  
Vol 6 (1) ◽  
pp. 42-59 ◽  
Author(s):  
Pascal Roubides

This monogram aims at providing an overview of the entire field of instructional design, starting with a brief historical account of the field but focusing on current and promising trends for the future of instructional design based on advances in instructional technology and human-computer interaction capabilities. The discussion encompasses several parallel trending areas, such as adaptive learning, digital storytelling, gamification, simulation technologies, augmented reality, cybernetics, the xAPI standard, mobile and ubiquitous learning, as well as implications of these trends for the field from both the theoretical and practical point of view. Even though this discussion is by no means an exhaustive account of these trends, it is the aim of this monogram to provide a centralized literature review of multiple paths currently being carved in the field and a glimpse to a multiplicity of potential futures for all those involved in designing and delivering learning or effecting human behavior and performance change.


Author(s):  
Vera Romanovskaya ◽  
Vladimir Puzhaev

The article explores the role and meaning of custom and reason (jôri) in the system of sources of Japanese law in the Meiji Era. It defines the characteristics of the introduction of Western concepts of custom and customary law into Japanese legal circulation. The focus is on studying the provisions of the Dajōkan Decree no. 103 dated 8 June 1875, which was a key milestone in the regulation of sources of Japanese law in the modern age. The Decree no. 103 established new rules for the administration of justice in civil and criminal cases before Japanese courts. In the context of studying the decree, the article provides an overview of the main comments made by Japanese academics on the preconditions for the emergence of Article 3 of this legal document. Article 3 of the Dajōkan Decree is noteworthy in that it formalised the hierarchy of sources of Japanese private law for the first time, defining custom and reason (jôri) as optional sources of law used by the court in the case of a gap in positive law. From this point of view, Article 3 of the decree was the historical predecessor of the famous Article 1 of the 1907 Swiss Civil Code. In the article, it was also found that the inspiration for Article 3 of the Decree no. 103 was the outstanding French comparator Gustave Boissonade de Fontarabie, who came to Japan in 1873 at the invitation of the Meiji government to help the Japanese modernise their national legal system. With unconditional respect in his host country, Professor Boissonade became an active promoter of the ideas and principles of French law in the Japanese archipelago. Despite the fact that the draft Civil Code prepared by Boissonade has never entered into force, it has been actively used in practice by Japanese courts as “written reason and justice”. With the adoption of the new Japanese Civil Code in 1898, the influence of the Boissonade draft as an optional source of law effectively ceased. However, many of the provisions of the Boissonade Code found their way into the structure of the new Civil Code, so that Japanese courts could now use them as norms of positive law in force. Acknowledgments: The reported study was funded by RFBR, project number 20-011-00034 “Legal views of Gustave Boissonade de Fontarabie and the reception of French law in Japan”.


2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Дмитрий Шнигер ◽  
Dmitriy Shniger

The author analyzes the concept, features, scope and contents of the framework agreement from the point of view of the Russian Civil Code, the Concept of improvement of general provisions of obligation law of Russia and the needs of economic turnover. In the article the author formulated the definition of a framework agreement, which is seen as the basis of the obligation to conclude another one, main contract in the future (or several contracts). The author has analyzed the different ways to conclude the basic contract and has made legal qualifications of such contract documents (applications, specifications, etc.). Also the author has come to conclusion on the essential terms of the main contract and has provided practical recommendations for the conclusion of framework contracts and permits arising from them civil disputes. A few issues on accountability of the parties for breach of the master contract were also considered in present article.


2019 ◽  
pp. 1877-1896
Author(s):  
Pascal Roubides

This chapter aims at providing an overview of the entire field of instructional design, starting with a brief historical account of the field but focusing on current and promising trends for the future of instructional design based on advances in instructional technology and human-computer interaction capabilities. The discussion encompasses several parallel trending areas, such as adaptive learning, digital storytelling, gamification, simulation technologies, augmented reality, cybernetics, the xAPI standard, mobile and ubiquitous learning, as well as implications of these trends for the field from both the theoretical and practical point of view. Even though this discussion is by no means an exhaustive account of these trends, it is the aim of this monogram to provide a centralized literature review of multiple paths currently being carved in the field and a glimpse to a multiplicity of potential futures for all those involved in designing and delivering learning or effecting human behavior and performance change.


Author(s):  
Pascal Roubides

This monogram aims at providing an overview of the entire field of instructional design, starting with a brief historical account of the field but focusing on current and promising trends for the future of instructional design based on advances in instructional technology and human-computer interaction capabilities. The discussion encompasses several parallel trending areas, such as adaptive learning, digital storytelling, gamification, simulation technologies, augmented reality, cybernetics, the xAPI standard, mobile and ubiquitous learning, as well as implications of these trends for the field from both the theoretical and practical point of view. Even though this discussion is by no means an exhaustive account of these trends, it is the aim of this monogram to provide a centralized literature review of multiple paths currently being carved in the field and a glimpse to a multiplicity of potential futures for all those involved in designing and delivering learning or effecting human behavior and performance change.


1996 ◽  
Vol 30 (1-2) ◽  
pp. 171-187 ◽  
Author(s):  
Klaus Bernsmann

Self-defence and necessity are central institutions of the General Part of German Penal Law. Numerous problems of considerable practical and theoretical relevance are connected with them. How to deal with “self-defence” and “necessity” is also an indicator of liberality or, on the other hand, of the minimum solidarity and public spirit which a State can concede to its citizens or demand of them. In German criminal theory, “self-defence” and “necessity” are closely connected with the release of the distinction between justification and excuse and all conclusions derived thereof.Instead of elaborating on fundamental or purely theoretical problems concerning self-defence and necessity, an illustration of the contents of the German provisions of self-defence and necessity from a more technical, but nevertheless practical, point of view will be discussed. In the course of the discussion, some differences between the Israeli Draft law and the German law will be pointed out, and some problems which are unsolved in German law and may possibly confront Israeli law in the future will be brought to your attention.


AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 7-36
Author(s):  
Tomáš Dvořák

This scientific study deals with the issue of judicial protection of a member of the community of unit owners after the amendment of Act No. 89/2012 Sb., The Civil Code, as amended by Act No. 163/2020 Sb. (with effect from 1 July 2020). Judicial protection of a member of a community of unit owners covers three basic issues. The first is the issue of judicial protection against invalid and void resolutions of the Assembly. The second is the issue of a substantive review of valid assembly resolutions by the court. Finally, the issue of replacing pending resolutions of the assembly by court decisions. The study deals with both substantive and procedural issues. The author formulates the conclusion that the legal regulation is very complicated from a theoretical point of view and from a practical point of view will cause considerable difficulties in application.


1945 ◽  
Vol 65 ◽  
pp. 1-9 ◽  
Author(s):  
Gilbert Murray

My address this year deals with much the same subject as the Presidential Address of 1944, but from a slightly different and, I fear, less practical point of view. Dr. Pickard Cambridge knows the schools, the universities and the whole educational system far better than I do, and was able to make practical suggestions of real value. I am falling back upon the more general and preliminary question why we should pursue Greek studies at all, and indeed why this Society should not peacefully cease upon the midnight with as little pain as may be convenient. The worst of it is that I know that I am prejudiced; and probably almost everybody in the room shares my prejudices. My appeal is really being made to-day to those who do not need it. I am an old man, and therefore probably attached to the old system. I am speaking on behalf of my own studies, and can hardly help feeling that ‘there is nothing like leather.’ To take a broader and more political line, I belong to the old peaceful world, which could afford to be cultured and liberal and to support a class whose interests were in the pursuit of the higher values, and who, while they lived for the most part industriously and modestly, were not in any feverish anxiety about salaries and wages. That cultivated middle class has been exterminated in many parts of Europe and weakened everywhere, everywhere with disastrous consequences. Even in this country a Minister of the Crown has told us that our day is over; a new and more powerful ‘governing class’ is in the saddle. We do not know how much patience it will have with pursuits that are not economically justified.


Crisis ◽  
2017 ◽  
Vol 38 (3) ◽  
pp. 202-206 ◽  
Author(s):  
Karl Andriessen ◽  
Dolores Angela Castelli Dransart ◽  
Julie Cerel ◽  
Myfanwy Maple

Abstract. Background: Suicide can have a lasting impact on the social life as well as the physical and mental health of the bereaved. Targeted research is needed to better understand the nature of suicide bereavement and the effectiveness of support. Aims: To take stock of ongoing studies, and to inquire about future research priorities regarding suicide bereavement and postvention. Method: In March 2015, an online survey was widely disseminated in the suicidology community. Results: The questionnaire was accessed 77 times, and 22 records were included in the analysis. The respondents provided valuable information regarding current research projects and recommendations for the future. Limitations: Bearing in mind the modest number of replies, all from respondents in Westernized countries, it is not known how representative the findings are. Conclusion: The survey generated three strategies for future postvention research: increase intercultural collaboration, increase theory-driven research, and build bonds between research and practice. Future surveys should include experiences with obtaining research grants and ethical approval for postvention studies.


Chelovek RU ◽  
2020 ◽  
pp. 18-53
Author(s):  
Sergei Avanesov ◽  

Abstract. The article analyzes the autobiography of the famous Russian philosopher, theologian and scientist Pavel Florensky, as well as those of his texts that retain traces of memories. According to Florensky, the personal biography is based on family history and continues in children. He addresses his own biography to his children. Memories based on diary entries are designed as a memory diary, that is, as material for future memories. The past becomes actual in autobiography, turns into a kind of present. The past, from the point of view of its realization in the present, gains meaning and significance. The au-thor is active in relation to his own past, transforming it from a collection of disparate facts into a se-quence of events. A person can only see the true meaning of such events from a great distance. Therefore, the philosopher remembers not so much the circumstances of his life as the inner impressions of the en-counter with reality. The most powerful personality-forming experiences are associated with childhood. Even the moment of birth can decisively affect the character of a person and the range of his interests. The foundations of a person's worldview are laid precisely in childhood. Florensky not only writes mem-oirs about himself, but also tries to analyze the problems of time and memory. A person is immersed in time, but he is able to move into the past through memory and into the future through faith. An autobi-ography can never be written to the end because its author lives on. However, reaching the depths of life, he is able to build his path in such a way that at the end of this path he will unite with the fullness of time, with eternity.


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