scholarly journals Constitutional and legal principles of Soviet Federalism

2021 ◽  
pp. 30-45
Author(s):  
Fedor Sergeevich Sosenkov
Keyword(s):  
Self Determination ◽  
Legal Practice ◽  
Special Contribution ◽  
Dual Citizenship ◽  
Legal Principles ◽  
Archival Documents ◽  
Time Class ◽  
Legal Space ◽  
The Subject ◽  
Over Time

The subject of this research is establishment and development of the principles of Soviet federalism: ideocracy, class character, proletarian internationalism, party spirit, right of nations to self-determination, two-level nature, unity of legal space, dual sovereignty, inviolability of the territory of the republics, dual citizenship, etc. The goal lies in examination of the sources, peculiarities of constitutional layout, evolution of the principles of Soviet federalism, and their role in the crisis and downfall of the Soviet federalism. The author offers the   definitions of such phenomena as the Soviet federalism and the Soviet federation, which defines the novelty of this work. Classification is given to the principles of Soviet federalism in accordance with the criteria outlined by the author: 1) by the time of emergence, the principles are divided into ideological (ideocracy, class character, proletarian internationalism, party spirit, right of nations to self-determination, etc.) and state-legal (single citizenship, inviolability of the territories of the republics, unity of legal system, supremacy of federal legislation, etc.); 2) by the method of codification, the principles are divided into constitutional (ideocracy, class character, right of nations to self-determination, etc.), and stemming from the essence of constitutional norms (asymmetry, party spirit, two-level nature). It is noted that some principles of Soviet federalism fade their significance over time (class character), while others are eliminated from the constitutional and legal practice (principle of mutual control over observance of the all-union and republican legislation). It is substantiated that Soviet federalism was jeopardized mostly by the fundamental interrelated ideological principles: ideocracy, party spirit, and right of nations to self-determination. The author’s special contribution consists in introducing archival documents into the scientific discourse.

1 Introduction

2015 ◽  
Author(s):  
Bamford Colin
Keyword(s):  
Legal Practice ◽  
Legal Principles ◽  
The Subject

The chapter introduces the subject by discussing the special nature of financial law and the markers that distinguish it from other areas of legal practice, and argues that financial law requires a deeper degree of understanding of the development of legal principles than do other areas. It then summarises the characteristics of the topics selected for treatment in the later chapters.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

HISTORICAL ANALYSIS OF THE PROBLEMS OF ISLAM IN THE XXI CENTURY

2020 ◽  
Vol 10 (5) ◽  
pp. 134-140
Author(s):  
MAKSIM SHKVARUN ◽  
◽  
SEJRAN ISKENDEROV
Keyword(s):  
Historical Analysis ◽  
Arab Countries ◽  
Short History ◽  
Active Stage ◽  
Terrorist Organizations ◽  
Special Contribution ◽  
Political Processes ◽  
Political Analysis ◽  
Historical Processes ◽  
The Subject

The subject of the research is the degree of influence of Sunni and Shi’ism on political processes in Arab countries. The object of the research is Islam as the legal basis of the state. The authors examine in detail such aspects of the topic as the historical analysis of the origin of Islam, the reasons for the division of Islam into Sunnis and Shiites, a comparative analysis of the two branches of Islam, the peculiarities of the legal schools of Islam, the interaction of Sunnis and Shiites with state power. Particular attention is paid to the analysis of interpretations (kalams) of the Qur’an and Sunnah. The study is fundamental and is aimed at the historical and political analysis of Islam in the XXI century. The relevance of this topic is confirmed by numerous studies of the described problems. The main conclusions of the study are that one of the key problems in the Arab states is the issue of the origin of power, which remains relevant even in the XXI century. The authors’ special contribution to the study of the topic is the hypothesis that the radicalism of Islam is associated with its short history in comparison with Christianity. Thus, Islam in the XXI century. is still at an active stage of formation, which leads to the emergence of Islamic terrorist organizations. The novelty of this scientific study lies in the consideration of historical processes in the political discourse of the XXI century.

STORYTELLING AND MEANING RECONSTRUCTION: A METAPHORICAL PERSPECTIVE

2016 ◽  
Vol 24 (2) ◽  
pp. 159-169
Author(s):  
M L Mojapelo
Keyword(s):  
Personal Development ◽  
Real Life ◽  
Human Existence ◽  
Meaning Reconstruction ◽  
Changing Patterns ◽  
The Subject ◽  
Changes Over Time ◽  
Over Time

Storytelling consists of an interaction between a narrator and a listener, both of whom assign meaning to the story as a whole and its component parts. The meaning assigned to the narrative changes over time under the influence of the recipient‟s changing precepts and perceptions which seem to be simplistic in infancy and more nuanced with age. It becomes more philosophical in that themes touching on the more profound questions of human existence tend to become more prominently discernible as the subject moves into the more reflective or summative phases of his or her existence. The aim of this article is to demonstrate the metaphorical character of a story, as reflected in changing patterns of meaning assigned to the narrative in the course of the subjective receiver‟s passage through the various stages of life. This was done by analysing meaning, from a particular storytelling session, at different stages of a listener‟s personal development. Meaning starts as literal and evolves through re-interpretation to abstract and deeper levels towards application in real life.

De Brusselse vereniging De Veldbloem zoekt toenadering tot Hendrik Conscience. Twee pas ontdekte brieven

2011 ◽  
Vol 70 (3) ◽  
pp. 276-289
Author(s):  
Luc Vandeweyer
Keyword(s):  
First World War ◽  
World War ◽  
Political Arena ◽  
Parliamentary Elections ◽  
The First World War ◽  
Archival Documents ◽  
History Of ◽  
The Subject ◽  
De Man ◽  
First World

Het wordt in de historiografie van de Vlaamse beweging aanvaard dat Hendrik Conscience door de Brusselse progressieve vereniging ‘De Veldbloem’ in 1872 werd gevraagd om te kandideren voor de parlementaire verkiezingen. Conscience zou dat geweigerd hebben. Dit is uiteraard geen onbetekenend feit in de biografie van de man die ‘zijn volk leerde lezen’.Dit gegeven is terug te voeren op de geschriften van Antoon Jacob (°1889) van na de Eerste Wereldoorlog. Jacob werd beschouwd als een autoriteit inzake Conscience. Maar waar is het bewijs? Hij verwees daarbij naar “uitvoerige correspondentie” maar die is niet te vinden. Het ADVN slaagde erin om de archivalische nalatenschap van de in 1947 gestorven Jacob te verwerven. Daarin bleken heel wat brieven van en aan Conscience te zitten. De briefwisseling met ‘De Veldbloem’ was onderwerp van deze bijdrage. Daarin is geen spoor te vinden van de poging om Conscience op het politieke strijdtoneel te brengen in Brussel. Daarbij moet de vraag gesteld worden hoe Jacob deze archiefstukken verzamelde en wat ermee is gebeurd tijdens zijn turbulente leven en talrijke omzwervingen. Het is best mogelijk dat er een en ander is verloren gegaan. Toch is deze nalatenschap een belangrijke aanwinst voor de studie van de geschiedenis van de Vlaamse beweging en die van Conscience in het bijzonder. ________ The Brussels association ‘De Veldbloem’ seeks contact with Hendrik Conscience. Two recently discovered letters It is an accepted fact in the historiography of the Flemish Movement that the Brussels progressive Association ‘De Veldbloem’ [=the Wildflower] asked Hendrik Conscience in 1872 to be their candidate for the parliamentary elections. It is said that Hendrik Conscience refused the request. This is of course a very significant fact in the biography of the man ‘who taught his people to read.’ This information may be inferred from the writings of Antoon Jacob (°1889) from the period after the First World War. Jacob was regarded as an authority on Conscience. But where is the evidence of this? In his claim, he referred to ‘extensive correspondence’, but that correspondence is not extant. The ADVN managed to acquire the archival legacy of Jacob who died in 1947. It turned out that it included quite a number of letters to and from Conscience. The exchange of letters with ‘De Veldbloem’ was the subject of this contribution. It contains no trace of the attempt to bring Conscience into the political arena in Brussels. It raises the question how Jacob collected these archival documents and what happened to them during his turbulent life and his many peregrinations.  It is certainly possible that some documents have been lost. However, this legacy is still an important acquisition for the study of the history of the Flemish Movement and of Conscience in particular.

The Laws of Hammurabi

2020 ◽  
Author(s):  
Pamela Barmash
Keyword(s):  
Eighteenth Century ◽  
Roman Law ◽  
Intellectual Culture ◽  
Biblical Law ◽  
Intellectual Tradition ◽  
Legal Principles ◽  
Copernican Revolution ◽  
The Subject ◽  
The Law

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.

Imagining Sonic Stories

2019 ◽  
pp. 441-457
Author(s):  
Vincent Meelberg
Keyword(s):  
Temporal Development ◽  
Sound Collage ◽  
The Subject ◽  
Over Time

Sonic narratives are the subject of Vincent Meelberg’s chapter, in which he discusses the capacity of sound not only to trigger narratives but also to tell stories that unfold over time. Meelberg uses his own sound collage work as an example of how narratives can be created through a sequence of sounds. He argues that sonic narratives emerge when the sequence of sounds represents a temporal development. Examples are provided that show how this temporal development emerges from either the referential qualities (hearing a succession of concrete events) or the acoustic qualities (e.g., the succession of tension and release) of the sound.

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

scholarly journals Using Cartographies to Map Time and Space in Teacher Learning in and Outside School

2021 ◽  
Vol 20 ◽  
pp. 160940692199290
Author(s):  
Paulo Padilla-Petry ◽  
Fernando Hernández-Hernández ◽  
Joan-Anton Sánchez-Valero
Keyword(s):  
Secondary School ◽  
Teacher Learning ◽  
Secondary School Teachers ◽  
Leisure Activities ◽  
Visual Methods ◽  
School Teachers ◽  
Video Recordings ◽  
The Subject ◽  
Pedagogical Relations ◽  
Over Time

This article explores the relations between teachers’ visual cartographies and oral narratives to better understand the spatial and temporal relations on teacher learning. It builds on a research project whose main questions were: 1) How and where do secondary school teachers learn to teach? 2) What are the consequences of this learning in their pedagogical relations and their students’ learning processes and results? Since narrative research has been a common way of approaching the subject and have led to an emphasis on learning as a journey across contexts and over time, some of its contributions to explore teachers’ learning paths are theoretically discussed, and visual methods, particularly cartographies, are also examined. Furthermore, the article presents the analysis of cartographies and video recordings of 29 secondary school teachers focusing on the interactions in different spaces and moments in time described by them. Findings suggest that learning to be a teacher may happen in interactions with objects, people and spaces beyond the boundaries of school, university and formal places of training and learning. They also show that the rhizomatic character of the cartographies may not prevent teleological thinking or the idea that any kind of learning is purposeful. Finally, this paper concludes that teachers’ learning does not fit the representational frame that distinguishes between formal contents and leisure activities, classrooms and private spaces, lessons and bodies, emotions and knowledge.

scholarly journals Influence of Hydrogeochemistry on Tunnel Drainage in Evaporitic Formations: El Regajal Tunnel Case Study (Aranjuez, Spain)

2021 ◽  
Vol 13 (3) ◽  
pp. 1505
Author(s):  
Ignacio Menéndez Pidal ◽  
Jose Antonio Mancebo Piqueras ◽  
Eugenio Sanz Pérez ◽  
Clemente Sáenz Sanz
Keyword(s):  
High Speed ◽  
Civil Engineering ◽  
Saturation Index ◽  
The Subject ◽  
Under Construction ◽  
Underground Flow ◽  
Very High ◽  
Over Time

Many of the large number of underground works constructed or under construction in recent years are in unfavorable terrains facing unusual situations and construction conditions. This is the case of the subject under study in this paper: a tunnel excavated in evaporitic rocks that experienced significant karstification problems very quickly over time. As a result of this situation, the causes that may underlie this rapid karstification are investigated and a novel methodology is presented in civil engineering where the use of saturation indices for the different mineral specimens present has been crucial. The drainage of the rock massif of El Regajal (Madrid-Toledo, Spain, in the Madrid-Valencia high-speed train line) was studied and permitted the in-situ study of the hydrogeochemical evolution of water flow in the Miocene evaporitic materials of the Tajo Basin as a full-scale testing laboratory, that are conforms as a whole, a single aquifer. The work provides a novel methodology based on the calculation of activities through the hydrogeochemical study of water samples in different piezometers, estimating the saturation index of different saline materials and the dissolution capacity of the brine, which is surprisingly very high despite the high electrical conductivity. The circulating brine appears unsaturated with respect to thenardite, mirabilite, epsomite, glauberite, and halite. The alteration of the underground flow and the consequent renewal of the water of the aquifer by the infiltration water of rain and irrigation is the cause of the hydrogeochemical imbalance and the modification of the characteristics of the massif. These modifications include very important loss of material by dissolution, altering the resistance of the terrain and the increase of the porosity. Simultaneously, different expansive and recrystallization processes that decrease the porosity of the massif were identified in the present work. The hydrogeochemical study allows the evolution of these phenomena to be followed over time, and this, in turn, may facilitate the implementation of preventive works in civil engineering.

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