scholarly journals The phenomenon of the legal archetype of equivalence and its reflection in the Russian folk tales

2021 ◽  
pp. 1-14
Author(s):  
Iuliia Popova
Keyword(s):  
Legal Aspects ◽  
Legal Consciousness ◽  
Fair Exchange ◽  
Folk Tales ◽  
Social Existence ◽  
Nature Frequency ◽  
The Subject

The object of this research is the ordinary legal consciousness in the Russian folk tales. The subject of this research is the phenomenon of legal archetype of equivalence in the Russian folk tales. The author analyzes the key approaches towards studying the legal archetype, and provides definition to this phenomenon. Analysis is conducted on the attributes and varieties of the legal archetype, legal aspects of social existence and ordinary legal consciousness reflected in the Russian folk tales. Special attention is given to the clear elements of manifestation of legal consciousness: knowledge, values, attitudes, and motives. The archetype of equivalence in the Russian folk tales is viewed through the prism of retribution, reward for service, help, and exchange. The conclusion is made on the existence of basic attributes of legal archetypes, such as generic nature, frequency, and universality. It is stated that the legal archetype of equivalence is reflected in the representations of personal or property retribution, reward for good conduct of actions, fair exchange of things, magic objects, and symbols. The article advances a thought that the legal archetype of equivalence is a universal archetype, which is reflected in not only the representations of justice, but also the norm and measure, wrongdoing, retribution, agreement, etc. This is why it has fundamental meaning for other legal archetypes.

scholarly journals Influence of information and legal policy on the legal consciousness of an individual in conditions of information dependence: theoretical and legal aspects

2020 ◽  
Author(s):  
С.М. Воробьев ◽  
С.А. Комаров
Keyword(s):  
Organizational Support ◽  
Social Reality ◽  
Legal Aspects ◽  
Internal Communication ◽  
Legal Consciousness ◽  
Legal Environment ◽  
Legal Policy ◽  
Mutual Regulation ◽  
The Subject ◽  
Different Levels

В статье проведен анализ существования информационной зависимости разного уровня, предопределяющей развитие информационно-правовой политики. В работе рассматриваются некоторые теоретико-правовые аспекты, раскрывающие особенности влияния информационно-правовой политики на правосознание, посредством имеющейся между ними внутренней связи. Авторы считают, что индикаторами внутренней связи выступает правовая среда и социальная действительность; субъектный состав организационного обеспечения; информация как объект взаимного регулирования. При этом настоящая статья отражает субъективную позицию авторов по данной проблематике. The article analyzes the existence of information dependence at different levels, which determines the development of information and legal policy. The paper considers some theoretical and legal aspects that reveal the features of the influence of information and legal policy on legal awareness, through the internal connection between them. The authors believe that the indicators of internal communication are the legal environment and social reality; the subject structure of organizational support; information as an object of mutual regulation.

Turkey's Physicians' Attitudes Toward Euthanasia: A Brief Research Report

2004 ◽  
Vol 49 (2) ◽  
pp. 109-115 ◽  
Author(s):  
Erdem Özkara ◽  
Hamit Hanci ◽  
Murat Civaner ◽  
Coskun Yorulmaz ◽  
Mustafa Karagöz ◽  
...  
Keyword(s):  
Assisted Suicide ◽  
Turkish Population ◽  
Legal Aspects ◽  
Research Report ◽  
Ongoing Debate ◽  
The Subject

Euthanasia and assisted suicide are subject to an ongoing debate and discussed with various aspects. Because physicians are in a profession closely related to euthanasia, their attitudes toward this subject are significant. Thus, research intending to explore their opinions is carried out in many countries. In this study, opinions of the physicians regarding euthanasia's definition, contents, legal aspects, and acceptable conditions for its application are addressed. The questionnaire was given to 949 physicians, more than 1% of the total working in Turkey. Of the physicians who participated in the study, 49.9% agreed with the opinion that euthanasia should be legal in certain circumstances. In addition, 19% had come across a euthanasia request and the majority of physicians (55.9%) believed that euthanasia is applied secretly in the country despite the prohibitory legislation. In conclusion, the authors infer from the study itself and believe that euthanasia should be legal in certain circumstances and that the subject, which is not in the agenda of the Turkish population, should continue to be examined.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

scholarly journals Teoretyczne założenia crowdfundingu oraz jego regulacje prawne w Unii Europejskiej i w Polsce

2019 ◽  
Vol 4 ◽  
pp. 97-114
Author(s):  
Michał Biela
Keyword(s):  
European Union ◽  
Legal Aspects ◽  
Practical Implementation ◽  
Legal Regulations ◽  
The European Union ◽  
The Third ◽  
Theoretical Assumptions ◽  
The Subject ◽  
Alternative Sources ◽  
Desk Research

Celem niniejszego artykułu jest prezentacja założeń teoretycznych oraz praktycznej implementacji koncepcji alternatywnych źródeł finansowania społecznościowego w Polsce i Unii Europejskiej ze szczególnym uwzględnieniem aspektów formalno-prawnych crowdfundingu. Artykuł składa się z trzech części: w pierwszej opisano założenia definicyjne i koncepcyjne crowdfundingu, w drugiej przedstawiono propozycję zmiany ram regulacyjnych finansowania społecznościowego, przygotowanych przez instytucje Unii Europejskiej, natomiast trzecia zawiera uregulowania prawne finansowania społecznościowego w Polsce. W artykule jako metodę badawczą zastosowano desk research, której implementacja umożliwiła analizę istniejącej literatury przedmiotu. Theoretical assumptions of crowdfunding and its legal regulations in the European Union and in PolandThe aim of this article is to present the theoretical assumptions and practical implementation of the concept of alternative sources of funding in Poland and in the European Union, with emphasis on the formal and legal aspects of crowdfunding. The article consists of three parts. The first part describes the definition and conceptual assumptions of crowdfunding. The second part presents a proposal to change the crowdfunding regulatory framework at the European Union level. The third part includes legal regulations for crowdfunding in Poland. In the article, desk research was used as a research method, the implementation of which enabled the analysis of the existing literature on the subject.

scholarly journals Protection of the Child’s Creative Output Including Its Legal Protection

2014 ◽  
Vol 12 (1) ◽  
Author(s):  
Anna Sokołowska
Keyword(s):  
Creative Process ◽  
Legal Protection ◽  
Legal Aspects ◽  
Rights Of The Child ◽  
Starting Point ◽  
The Subject ◽  
Education And Development ◽  
Areas Of Interest ◽  
Education Process

AbstractThis paper is an attempt to analyze the necessity of defining and extending the protection of the child’s creative process. The starting point for consideration is the key role of artistic instruction in the child’s education and development which justifies providing appropriate framework for that process. The present text defines artistic output as a personal good covered by legal protection and specifies relevant legal regulations underlying the subject. It also reveals the position of the child as a creator with his/her specific characteristics and possible dangers arising from those characteristics. Another issue discussed here is the creative process and its components. In a further part, legal aspects of the child’s situation in the context of creative activity are analyzed with references to the UN Convention on the Rights of the Child (1989), the (Polish) Family and Guardianship Code (1964), the UN Declaration on Rights of the Child (1959) and other legal acts. Finally, the paper addresses objectives of arts education in the light of the discussed issues. Conclusions include an indication of certain similarity between some areas of interest in pedagogy and in law. The main conclusion comes down to a statement that in the education process we should take into consideration so-called creative integrity which constitutes a personal good of both the adult and the child, and which is covered by legal protection.

Selected legal aspects of sexual abuse prevention

2021 ◽  
Vol 143 (3) ◽  
pp. 219-233
Author(s):  
Katarzyna Badźmirowska-Masłowska ◽  
Jacek Rosa
Keyword(s):  
Sexual Abuse ◽  
Legal Aspects ◽  
Abuse Prevention ◽  
Sexual Abuse Prevention ◽  
Sexual Offences ◽  
Public Authorities ◽  
Legal Perspective ◽  
The Status ◽  
The Subject ◽  
And Control

The article on selected aspects of sexual abuse prevention presents the subject matter from the legal perspective and discusses the issues concerning prevention and control of sexual offences in Poland. The article refers to the status of the child in criminal law and applicable provisions under the Directive 2011/92/EU and the Lanzarote Convention concerning prevention, assistance and support for juveniles. In this context, presented have been the obligations of the state (public authorities), including the police, to prevent this type of crime as well as the diffi culties associated with the implementation of relevant tasks. The conclusions indicate the problems that require practical solutions.

12. The constitution of the company: dealing with outsiders

Company Law ◽  
2020 ◽  
pp. 257-274
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Legal Aspects ◽  
Third Parties ◽  
The Core ◽  
The Subject ◽  
Do So

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the legal aspects of transactions made with those outside the company (called outsiders or third parties), with emphasis on how they are determined to be legitimate and binding on the company. It also discusses the ultra vires doctrine and the three particular issues that make it a very tricky problem for the courts; the inclusion of the benefit of the company criterion to the ultra vires issue; the reform of ultra vires; and the application of the general principles of agency in determining whether the company is bound by a particular transaction. The chapter concludes by analysing reforms in the Companies Act 2006 concerning the authority of directors to bind the company or authorise others to do so.

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

Folk and author’s fairy tales in the aspect of linguistic consciousness

Neophilology ◽  
2020 ◽  
pp. 235-249
Author(s):  
Anatoliy L. Sharandin ◽  
Yixin Li
Keyword(s):  
Fairy Tales ◽  
Fairy Tale ◽  
Literary Language ◽  
Creative Potential ◽  
Folk Tales ◽  
The Subject ◽  
The Individual ◽  
The Relationship ◽  
Folk Poetry ◽  
Individual Style

The analysis of the problem of the relationship among folk, authors’ folk and authors’ literary tales with linguistic consciousness types is presented. The analysis results indicate that the texts of fairy tales are linguistic representatives of creative (artistic) consciousness and correlate with types of concepts. Folk tales reflect the creative potential of everyday consciousness and represent the folklore concept. Authors’ folk tales are interpretative tales that reflect the syncretic (collective and individual, folk and author’s) consciousness and implement the folklore and literary concept. The literary fairy tale itself is a textual representative of its author’s individual artistic consciousness and the reached artistic concept. It is important to take the form of fairy tales’ household into account – oral (folk tales) and written (author’s literary tales), their relationship with the subject (storyteller or author) and focus on the object (listener or reader). This determines the variability and non-variability of fairy tales. Types of linguistic consciousness are associated with the language: in folklore tales, folk language that is not processed by masters is used, in author’s tales, literary language that implements an individually authors’ system of language means is used. In folk tales, traditional folk poetry is presented, in author’s tales – traditionally artistic and artistic poetics. The individual style of folk tales is traditional for folklore and the individual style of literary tales is individually authors’.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

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