scholarly journals Combining Legal and Economic Theory. An Interdisciplinary Approach to Dutch and Polish Family Provisions in Succession Law

2021 ◽  
Vol 47 (4) ◽  
pp. 49-65
Author(s):  
Mark Beuker

Although testamentary freedom is an important principle in succession law, legislators and judges across the world have recognized the importance of certain family members by granting them mandatory claims in the inheritance of their deceased relative (in spite of wishes of the deceased). This article focuses on these rights. The goal is to introduce the Dutch framework of imperative succession law and to demonstrate the possibilities of combining the legal and economic discipline to deepen knowledge on these provisions. Whilst examples will focus upon succession law, the concepts will be described in a general manner. This might inspire researchers to apply a similar interdisciplinary approach in other fields of law. The imperative provisions that currently exist for family members in the Netherlands can be divided into two types of claims. The first is the legitime, a fixed claim for children of the deceased. The second type are the other statutory entitlements that cover a specified range of situations in which judges have freedom in deciding upon the requests of family members. However, this discretion raises many questions on the way judges should handle such claims. A combination of law and economics can aid in describing and interpreting the law, for example by defining the need for support that is often required for a successful claim. By relying on economic data and theory, judges can come to a more consistent and substantiated way of establishing the need for support. The interdisciplinary methodology can also improve comparative legal research. The functional approach that is common in comparative legal research, assumes that law fulfills certain functions. Economic figures provide an objective basis that demonstrates what functions a law fulfills and to what extent this is done efficiently. This information can be used to compare the functioning of laws in different countries.

2018 ◽  
Vol 3 (2) ◽  
pp. 76
Author(s):  
Novi Anggun Pusvitasary

Pneumonia disease is the leading cause of death of babies in the world. The prevalence of pneumonia in infants is 18.5 / mil. Data from Samarinda City Health Office during the last 1 year there are 91 cases of pneumonia in Karang Anyar Village and 63 cases in Teluk Lerong Ulu Village. Factors causing pneumonia are toddler factors, behavioral factors, and environmental factors. The results show there is a relationship between house humidity (p value = 0,013; OR = 0,192), house dwelling density (p value = 0,024; OR = 0,214), and family member smoking behavior (p value = 0,006; OR = 10,450) with incidence of pneumonia in toddlers in the Working Area of Puskesmas Wonorejo Samarinda. There was no correlation between house temperature (p value = 0,214; OR = 0,337), house lighting (p value = 0,095; OR = 3,188) and family disease history (p value = 0,707; OR = 0,753) with Pneumonia occurrence in infant in region Work Puskesmas Wonorejo Samarinda. It was concluded that there was a relationship between house humidity, home dwelling density, and smoking behavior of family members with the incidence of pneumonia in infants. It is recommended to be able to apply housing health requirements that meet health standards to reduce the incidence of pneumonia in infants and change smoking habits.


Author(s):  
ALEXANDRA A. TROITSKAYA

The two main approaches to the use of the comparative method in legal research, functional and cultural, have some "predetermined" considerations regarding the results that will (or should) be discovered by comparing various legal phenomena — should the emphasis be on similarities or differences between these phenomena. These considerations are based on the vision of, respectively, the universal or pluralistic nature of law of various societies, and in fact they are able to correct substantially the process of cognition of legal phenomena using the comparative method, adjusting it to the desired result. In the case of similarities, we can talk about artificially narrowing the circle of countries under investigation. In the case of differences, the isolation of systems and the uniqueness of their cultural characteristics are unreasonably exaggerated. The alternative assumptions presented in the theory of comparative law regarding the existence of universal principles of law or the fundamental uniqueness of each legal system require a critical rethinking of constitutional provisions and practice in comparative studies. The use of the comparative method in constitutional law is not reducible to the implementation of the ideas of political philosophy, and objective conclusions should not be replaced by predetermined normative guidelines. The similarities and differences revealed by the researcher of constitutional ideas, norms and practices can be considered as a result of comparison of independent value.Constitutional law is associated with a variety of substantial constructs existing in the world, not excluding, however, their intercommunication. Understanding these constructions requires attention to both the similarities and the differences in specific legal orders (as well as the reasons for their functioning in this, and not another form). The use of the comparative method in the absence of striving for predetermined results is simultaneously aimed at understanding the laws of development of constitutional institutions and maintaining the horizon of their diversity as an important component of this development. Each time, the researcher should distance himself from his prejudices regarding the similarities or differences between the institutes under study, rechecking whether the obtained results are really the results of applying the comparative method, and not the initial constructions.The logic of a comparative study corresponds to the construction of theories of "middle level", aimed at forming the theoretical model of a particular legal in-stitution, taking into account the practice of implementing this institution in specific states. The focus on middle-level theories within the framework of the comparative method allows one to go beyond the description of single systems, formulate conclusions at the level of generalization that ensure the comparability of the studied objects, and at the same time maintain an understanding of the diversity of constitutional models.


2021 ◽  
pp. 104837132110262
Author(s):  
Jui-Ching Wang

Music cannot be separated from its historical, geographical, and cultural context; therefore, it is important that students be taught music from a variety of genres, cultures, and historical periods relevant to the music to which they are introduced. In this article, I introduce an interdisciplinary approach through contextualization of the content of music, using it to lead to the study of related works in various disciplines. Using a song inspired by Indonesia’s Solo River, a lesson sample demonstrates teaching strategies that motivate students to engage in integrative thinking. By exploring music’s connection with relevant subjects to teach about the natural environment, this contextualized lesson presents a global learning experience to broaden students’ knowledge of the world. Contextualizing the content of Bengawan Solo illustrates how history and culture shaped the song and demonstrates how this work can be used as a springboard for students’ exploration of its history, geography, and ecology.


2021 ◽  
Author(s):  
Mona Mannevuo ◽  
Jenni M Rinne ◽  
Isak Vento

AbstractPoliticians’ work pressure is gaining more attention in parliamentary studies. To participate in the discussion about governing under pressure, this article offers an interdisciplinary approach to investigate how representatives navigate within a flexible, limitless work culture. This article presents a new inquiry to re-examine contemporary political agency by combining cultural studies theories with empirical insights in Nordic countries. By analysing 52 semi-structured interviews with MPs in Denmark, Finland and Sweden, the study finds that politics attracts people who want to change the world, but these attributes may initiate a vicious cycle, taking the form of psychological strain.


1982 ◽  
Vol 50 (3) ◽  
pp. 739-744 ◽  
Author(s):  
Frances A. Karnes ◽  
Leta A. Lee

A study of the persons who most impressed gifted youth was conducted with 125 gifted students enrolled in a summer residential program. Students were asked to indicate the person who most impressed them and to include the reason(s) why that person was chosen. The most frequently chosen category of individuals was family members (44.8%), then persons doing a specific job (15.2%), comrades or friends (12.8%), persons in the world of arts and culture (12%), political/historical figures (8.0%), sports figures (4.8%), and moral and religious personalities (2.4%).


Author(s):  
Evangeline Bonisiwe Zungu

The recent COVID-19 pandemic took the world by storm. The rate of infection and prevalence of death struck fear in the hearts of many across the globe. The high likelihood of infection required continual testing whilst the trauma of bereavement left many distraught. For traditionalists, a principal concern was whether they would be permitted to exhaustively practise their burial rites in the course of mourning their loved ones. The importance of the custom, as it is believed, is to prevent unsettled feelings in family members. This article is aimed at stimulating consideration, reflection and understanding of the concerns experienced by traditional societies surrounding COVID-19 regulations and the non-performance of important burial rites. Surviving family members experience troubled thoughts as a result of the fear of repercussions, which may include the living-dead withholding their protection of the family which consequently will cause ailments and accidents. This article will utilise inductive thematic analysis to interpret the data collected .


Author(s):  
Sara De Castro Cândido ◽  
Nàvia Regina Ribeiro da Costa ◽  
Ruzileide Epifânio Nogueira

This article seeks to an approach between the poetry of Carlos Drummond de Andrade, in Feeling of the world (1940), and the philosophy of Albert Camus, in The Myth of Sisyphus - the work of art as adventure of a spiritual destiny (2012), for, to think through by the language praticed by Drummond in two poems – Poem of necessity and Holding hands –, the be in the world and the passing of the man's condition of the being ontic to the be ontological, using also Durand (2012) and another theorists. Making use, as methodology, by the bibliographical research, and theory express of poetic text, concepts and analysis based on the phenomenological critique. Still in an interdisciplinary approach, to reflect the subject and its constitution as speech, will use theories of French line of discourse analysis (DA) and the line Anglo-Saxon (ADC), whose leading exponents are respectively, Michel Pêcheux and Norman Fairclough, relying on the concept of dialectical materialism. O Homem Absurdo na filosofia camusiana e na poesia drummondiana: a linguagem como fonte da (trans)formação Este artigo busca aproximações entre a poesia de Carlos Drummond de Andrade, em Sentimento do Mundo (1940), e a filosofia de Albert Camus, em O mito de Sísifo – a obra de arte como aventura de um destino espiritual (2012), para, por meio da linguagem praticada por Drummond em dois poemas – Poema da necessidade e Mãos dadas –, pensar o estar no mundo e a passagem do homem da condição de ser ôntico para ser ontológico, valendo-se, também, de Durand (2012) e de outros teóricos. Utiliza, como metodologia, a pesquisa bibliográfica e expressa teorias do texto poético, conceitos e análises com base na crítica fenomenológica. Ainda, numa atitude interdisciplinar, para refletir sobre o sujeito e sua constituição como discurso, baseia-se nas teorias da Análise de Discurso de linha francesa (AD) e de linha anglo-saxã (ADC), cujos principais expoentes são, respectivamente, Michel Pêcheux e Norman Fairclough, apoiando-se na concepção do materialismo dialético.


2021 ◽  
Vol 13 (2021/1) ◽  
Author(s):  
Krisztina Teleki

The 20th century brought different periods in the history of Mongolia including theocracy, socialism and democracy. This article describes what renouncing the world (especially the home and the family), taking ordination, and taking monastic vows meant at the turn of the 20th century and a century later. Extracts from interviews reveal the life of pre-novices, illustrating their family backgrounds, connections with family members after ordination, and support from and towards the family. The master-disciple relationship which was of great significance in Vajrayāna tradition, is also described. As few written sources are available to study monks’ family ties, the research was based on interviews recorded with old monks who lived in monasteries in their childhood (prior to 1937), monks who were ordained in 1990, and pre-novices of the current Tantric monastic school of Gandantegčenlin Monastery. The interviews revealed similarities and differences in monastic life in given periods due to historical reasons. Though Buddhism could not attain its previous, absolutely dominant role in Mongolia after the democratic changes, nowadays tradition and innovation exist in parallel.


2020 ◽  
Vol 12 (2) ◽  
pp. 156-157
Author(s):  
Mohammad Mostafa Ansari Ramandi ◽  
Mohammadreza Baay ◽  
Nasim Naderi

The disaster due to the novel coronavirus disease 2019 (COVID-19) around the world has made investigators enthusiastic about working on different aspects of COVID-19. However, although the pandemic of COVID-19 has not yet ended, it seems that COVID-19 compared to the other coronavirus infections (the Middle East Respiratory Syndrome [MERS] and Severe Acute Respiratory Syndrome [SARS]) is more likely to target the heart. Comparing the previous presentations of the coronavirus family and the recent cardiovascular manifestations of COVID-19 can also help in predicting possible future challenges and taking measures to tackle these issues.


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