Wykładnia celowościowa pojęcia „rodzina”. Glosa krytyczna do Wyroku WSA w Szczecinie z dnia 18 stycznia 2018, II SA/Sz 1199/17

2020 ◽  
Author(s):  
Tomasz Rakoczy
Keyword(s):  
Financial Support ◽  
Family Law ◽  
Strict Interpretation ◽  
The Family ◽  
Mother And Child ◽  
The One ◽  
Definition Of

The commented judgement refers to the kind of interpretation of the term “family” in the scope of its members. The choice of interpretation is necessary for examine of possibility of granting the one-time financial support for the birth of the child. The key problem of the case is the question whether the father who does not stay actually with mother and child contains the family. According to the strict interpretation father belongs to the family and his income should be taken into account. WSA decided to use the teleological definition of family which takes into account only members actually forming family and excluded father from community of family. In that way his income is not subject of verification. According to the author of the commented judgement interpretation preferred by WSA is contra-legem, releases father from his futures duties and presents dangerous corruption of system of family law. The father cannot be excluded from the family in any dimension.

Fair Process: Striving for Justice in Family Business

2005 ◽  
Vol 18 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Ludo Van der Heyden ◽  
Christine Blondel ◽  
Randel S. Carlock
Keyword(s):  
Social Science ◽  
Procedural Justice ◽  
Family Business ◽  
Family Firms ◽  
Fair Process ◽  
Business System ◽  
The Social ◽  
The Family ◽  
The One ◽  
Definition Of

The social science and business literatures on procedural justice or fair process attest that improvements in procedural fairness can be expected to improve both a firm's performance and the commitment and trust of the individuals involved with it. This article examines the relevance of procedural justice for family business. When a family is an influential component of a particular business system, the application of justice is typically rendered more complex than might be the case for nonfamily firms. Different criteria (need, merit, and equality) guide the application of distributive justice among families, firms, and shareholders. This divergence in criterion also lies at the heart of many conflicts inside the family business. In this article, we argue that the application of procedural justice reduces occurrences of conflict and, in some cases, may eliminate conflict altogether. We propose a definition of fair process that extends and enriches the one existing in the literature. We offer five fundamental criteria essential to the effectiveness of fair process in family firms. We conclude with a series of case studies that illustrate typical questions faced inside family businesses. We show that a lack of fairness in the decision and managerial processes governing these businesses and their associated families is a source of conflict. We describe how increasing fair process practices improves the performance of these businesses while also increasing the satisfaction of those associated with them.

scholarly journals Defining the family of a child with disabilities

KANT ◽  
2020 ◽  
Vol 37 (4) ◽  
pp. 447-451
Author(s):  
Veronika Filippova
Keyword(s):  
Scientific Literature ◽  
Social Institution ◽  
Family Characteristics ◽  
Educational Impact ◽  
The Family ◽  
Rehabilitation Potential ◽  
Developmental Resource ◽  
The One ◽  
Definition Of ◽  
The Impact

The article provides an overview of the scientific literature, concepts of psychologists, teachers, sociologists who define the family as a social institution, small group or system. The forms and types of families are considered depending on social development, educational impact on the child, and the composition of members. The definition of the family of a child with disabilities is given by describing the features of difficult life situations and the phenomenon of family. As a result, it is concluded that the family of a child with disabilities on the one hand meets the totality of family characteristics as a social phenomenon, and on the other has its own characteristics due to the impact on its life activity of having a child with disabilities. For this reason, the family can both become the main developmental resource for the child, and limit its rehabilitation potential.

scholarly journals Prawnokarna ochrona prawidłowego funkcjonowania rodziny

2020 ◽  
pp. 367-380
Author(s):  
Krystyna Szczechowicz
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Criminal Code ◽  
The Other ◽  
Law System ◽  
The Family ◽  
The One

This article deals with the issue of the scope of protecting marriage and the family in the Polish criminal law system. The family is subject to Chapter 16 of the Polish Criminal Code, which is entitled “Crimes against family and guardianship”. The chapter’s title indicates that family and care are the legal generic good protected by the provisions it contains. However, the legislator’s actions are restrained so as not to interfere too much in the functioning of a family, on the one hand, while, on the other, providing protection for its members. The problem also involves the emotional bond between the perpetrator and the victim, which in many cases leads to non-disclosure of the fact of committing a crime. Criminal law is, in many cases, intended to strengthen civil and family law regulations.

To-Day and To-Morrow, Cultural Studies, and Everyday Life

2019 ◽  
pp. 257-286
Author(s):  
Max Saunders
Keyword(s):  
Cultural Studies ◽  
Everyday Life ◽  
Media Studies ◽  
Family Law ◽  
The Press ◽  
The Family ◽  
The Future ◽  
The One ◽  
Valuation Of Life

Taking up the suggestion at the end of Chapter 4, this one proposes that an important effect of the concerted futurological project was to place a novel emphasis in the series on everyday life; and that this in turn contributed to the development—already in embryo—of cultural and media studies. After a discussion of these emerging disciplines, volumes are analysed dealing with advertising, the press, communication and travel, the home and the family, law, the environment, and leisure. A key volume in this discussion is C. E. M. Joad’s Diogenes; or, The Future of Leisure (1928), which moves wittily between a satire of contemporary pastimes and a consideration—via G. B. Shaw’s ‘metabiological’ suite of plays, Back to Methusaleh, of a possible evolutionary future that informs the one imagined by Bernal. The chapter ends by discussing the volumes on labour and sport, and concluding that the series’ vision of everyday life is one profoundly conditioned by the experience of the recent war as giving a new valuation of life in all its forms.

The Sociological Significance of Ancestor-Worship in Ashanti

Africa ◽  
1930 ◽  
Vol 3 (4) ◽  
pp. 431-471
Author(s):  
Edith Clarke
Keyword(s):  
Land Tenure ◽  
Family Law ◽  
Economic Life ◽  
Practical Work ◽  
Ancestor Worship ◽  
The Family ◽  
Religious Dogma ◽  
The One ◽  
Opening Paragraph ◽  
Land Tenure Systems

Opening ParagraphThe Institute has laid down its policy in ethnological matters in the Report of the Executive Council held in Berlin in December, 1928. The Council then came to the conclusion that ‘there was a gap between anthropological science on the one hand and the practical work of education and administration on the other, and that the Institute could render useful service by attempting to bridge this gap’.The following resolution was passed unanimously:‘The Council reaffirms its resolution to encourage studies of African life and institutions, more particularly with reference to such subjects as the family, law, economic life, ideas of land tenure, systems of education, phenomena of change and similar subjects which have a direct bearing on practical work and administration in Africa.It was, I presume, due to an accident of omission that religion does not appear in the list of subjects the study of which is to be encouraged. In Africa, above all ethnographic areas, religious dogma and practice lie at the very core of all aspects of culture, and no study of ‘the family, law, economics, ideas of land tenure, systems of education’ could be adequate that did not start off with an account of native belief. In giving an analysis of Ashanti religion I shall show that this is especially true of that culture.

scholarly journals The Impossibility of Queering the Mother: New Sightings of the Virgin Mother in the ‘Secular’ State

2018 ◽  
Author(s):  
Yvonne Sherwood
Keyword(s):  
Family Law ◽  
Social Consequences ◽  
Mothers And Fathers ◽  
The Bible ◽  
The Social ◽  
Ten Commandments ◽  
The Family ◽  
Mother And Child ◽  
Biblical Texts ◽  
Secular State

In this part autobiographical essay, I explore the social consequences of the rise of the so-called ‘tender years’ doctrine coinciding with the rise in divorce. I argue that this has led to increased gender apartheid around the figures of M-for-Mother and F-for-Father, and a new sanctification of the figure of the holy mother-and-child. I look at the inverse and complementary relations between M-for-Male and F-for Female and M-for-Mother and F-for-Father, and I argue (counterintuitively) that origins, mothers, and fathers are queerer in ancient myths and the Bible than they are in contemporary semantics and law. I use strange old biblical texts (Solomon’s judgment; the trial of Abraham) to create unheimlich echoes for the so-called secular state and its strange constructions of the family; and I show how the Ten Commandments continue to influence family law.

scholarly journals Domestic violence committed by women in the family - or the family as an object of protection in the criminal law of Poland

2021 ◽  
Vol 3 ◽  
pp. 32-37
Author(s):  
J. Dlugosh-Yuzvyak ◽  
Keyword(s):  
Domestic Violence ◽  
Family Member ◽  
Criminal Law ◽  
Family Environment ◽  
Legal System ◽  
Legal Definition ◽  
The Family ◽  
Police Statistics ◽  
The One ◽  
Definition Of

The article is devoted to the problems of understanding the legal issues of the family in the criminal law of Poland and in criminology. The paper analyzes the issues of the content of the definition of the family. It is necessary to refer to its legal definition. It is concluded that although the concept of family is repeatedly found in the Polish legal system, it is not uniform and has different content for certain areas of law. The article presents a scientific analysis of one of the categories of crimes against the family, i. e. the so-called domestic violence. There is no legal definition of the domestic violence in the Polish legal system, although it is assumed to be a social phenomenon that occurs when a family member or other person living together or managing a household deliberately tries to dominate another family member, physically or mentally. Thus it is possible to talk about domestic violence as a violence occurring among people living in the same household. Its subcategory is the so-called violence in family occurring in the family environment. The paper presents and analyzes examples of domestic violence and police statistics. Some of these behaviours can be classified as crime against the family. Thus it is possible to specify, that, on the one hand, the victims of domestic violence are more likely to be women and, on the other hand, that women are far less likely than men to be suspected of domestic violence. However presently every eighth victim of violence in family is a man. Within the framework of the presented article, it is proposed to turn attention to the problem of women as perpetrators of domestic violence, especially in relation to a man. It is necessary to emphasize that domestic violence perpetrated by women against men, including their husbands, is a growing phenomenon.

The Process and Conditionality of Separation

2021 ◽  
pp. 215-248
Author(s):  
Heather Douglas
Keyword(s):  
Family Law ◽  
Legal Systems ◽  
Violent Relationships ◽  
Law System ◽  
Legal Response ◽  
Women's Experiences ◽  
System P ◽  
The Family ◽  
Single Moment ◽  
The One

This chapter considers women’s dynamic experiences of leaving violent relationships in the shadow of static legal understandings of separation and the ongoing dangers women face when they engage with legal systems and processes. When women are trying to separate, sometimes law is the one thing that keeps bringing them back into contact with their abuser. This chapter highlights women’s experiences of separation as a process and journey rather than a single moment in time. Drawing on the experiences of some of the women in the study, two areas of law where separation underpins the legal response are highlighted: the migration and visa system and the family law system.

Family and Family Law

2018 ◽  
Author(s):  
David Archard
Keyword(s):  
Family Law ◽  
Good Thing ◽  
Legal Concept ◽  
Evaluative Judgments ◽  
Personal Relations ◽  
The Family ◽  
Definition Of ◽  
Contemporary Writing ◽  
Better Than

Much contemporary writing on ‘family’ and ’family law’ cites extensive changes to the family as evidence that the very concept of the ‘family’ is redundant, or that the family has disappeared. Conceptual questions (What counts as a family?) should be distinguished from normative ones (Is the family a good thing? Are some families better than others?). The use of the term ‘the family’ can be normatively innocent such that there are different family forms none of which should be privileged. Having distinguished ‘the family’ as an extra-legal concept and as a legal construct, I defend a functional definition of the family. This value-free definition can serve as the basis of evaluative judgments about the family. There are good reasons why law might recognize the family, consistent with law also recognizing non-familial personal relations. Nevertheless we need not accord familial status to such relations, or abandon the term ‘family’.

‘Legalizing’ the family: disputes about marriage, paternity and divorce in Algerian courts (1963–1990)

2001 ◽  
Vol 16 (2) ◽  
pp. 243-261 ◽  
Author(s):  
BETTINA DENNERLEIN
Keyword(s):  
Supreme Court ◽  
Dynamic Process ◽  
Family Law ◽  
Legal Regulation ◽  
The Other ◽  
Modern State ◽  
Court Cases ◽  
The Family ◽  
The One ◽  
Shed Light

This article is devoted to an analysis of Algerian court cases. It focuses on family law in practice, in order to shed light on the disputed character of this realm of law and the ambiguity involved in its reform. The aim of the article is to question the assumption of an intrinsic opposition between the (traditional/Muslim) family on the one hand, and (modern) state law on the other. It will be argued that the legal regulation of the family, far from being simply imposed by the state, represents a dynamic process in which different actors with different interests and orientations partake. The material used consists mainly of decisions taken by the Algerian Supreme Court covering the period from 1963 (the year of the its creation) to 1990.

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