scholarly journals RELATIONSHIP BETWEEN THE CONCEPTS OF �METHOD�, �MEANS�, �MEASURES�: THEORETICAL AND LEGAL JUSTIFICATION AND FEATURES IN THE BRANCH OF LAW

Author(s):  
Svetlana N. Slabko ◽  

The article is devoted to clarifying the essence of the concepts �method�, �measure�, �means�, determining their relationship, the peculiarities of application in different areas of legal reality. The relevance of the study is substantiated, because in general the legal literature does not pay enough attention to the study of etymology, essence, content, etc. concepts used in regulations. Clarification of the essence of concepts should be based on their etymology, and the definition of the relationship, on the justification of positions on their synonymy, antonym, broader/narrower meaning in relation to each other. Most sources, based on the existing rules of legal technique, give examples of unsuccessful definitions in terms of logic and legal language, formulate their own, which other authors are also criticized, and the process is endless and, most importantly, insignificant. The legal encyclopedia clearly defines that the components of management methods are ways and means: �management methods � ways or means of achieving management goals that determine the quality component of management�. However, the modern development of the social sciences, including jurisprudence, is characterized by new approaches based on logical thinking, i.e. the ability of man to reason, namely to reflect the objective reality in ideas, judgments, concepts. The definitions fixed in various sources (dictionaries of foreign words, explanatory dictionaries of the Ukrainian language, textbooks on the theory of the state and law and branch sciences, normative documents) are resulted. In this case, from the numerous materials selected those that reveal the relationship of these concepts. It is proved that in the scientific, educational-methodical, reference literature and in the norms of the current legislation there is no single approach to the definition of the specified terms. It is concluded that most often, one term is defined through another and vice versa, which leads to inconsistent interpretation, differences in application. As for the legal sphere, providing balanced definitions based on etymology, clarifying the essence, interpreting them as basic for further use in the field and applied sciences, in practice � this is primarily the task of theoretical and legal science. Of course, it is necessary to follow common approaches to the relationship of concepts. Therefore, it is proposed to understand the method as a set of methods (research, cognition, etc.). Method � a certain technique, a means to achieve, accomplish something. Means � a set of measures or actions to be able to do, accomplish something, achieve something.

Author(s):  
Andrii Liashuk

Purpose. The purpose of the paper is to formulate the theoretical foundations of the usage of the language as the main means of the law expression. Methodics. The methodics involves a comprehensive analysis and generalization of the available regulatory material and scientific positions and the formulation of the relevant problematic aspects of the law language because, it is based on the language of everyday communication, but at the same time it serves certain business purposes. During the research the following methods of scientific cognition were used: dialectical, hermeneutic, historical-legal, systemic and formal-legal one. These methods allow form the theoretical foundations of the language as a means of the law expression. Results. In the course of the research it has been stated that the language of the law is a system in which language is a means of the realization of all spheres of the social life, including the legal one, because the legal reality as a reflection of reality is inconceivable without the language. The former is the material carrier of the subject. Without language, all the factors common in the legal literature will remain far from reality, as they will not reflect modern socio-cultural processes. It is determined that traditionally the language of law is perceived as no more than a means of communicating legal information to the addressee. However, it is a more complex phenomenon than just a means of transmitting information. In general, language is the only way to access mental processes: it captures the experience of mankind, its thinking and, as a consequence, language is a mechanism of cognition. At the same time, legal language, “serving” the legal life of society with its resources, becomes it’s kind of cognitive reflection. Scientific novelty. In the course of the research the problematic aspects of the functioning of the language of law in the general language system have been established as socially and historically conditioned system of ways and rules of verbal expression of concepts and categories, developed and used to regulate the relationship of subjects in the legal life of society. Practical importance. The results of the study can be used to improve the mechanism of the application of the language of law in law-making, law-interpreting, law enforcement spheres.


2020 ◽  
Vol 22 (5) ◽  
pp. 67-75
Author(s):  
OKSANA G. CHUPROVA ◽  
◽  
JEAN-CASSIEN BILLIER ◽  

The article considers the policy for “poles of competitiveness” – a French method of implementing cluster strategies, which serves as an example of the interaction between science, education, and territorial entities to ensure sustainable development through the creation and launch of innovative products and training of in-demand personnel. The modern development of regions and territories in many countries is carried out through the use of cluster technologies. These technologies are based on the relationship of educational, research, and entrepreneurial resources. Cluster technologies serve to develop and implement innovative products and solutions in various fields of activity. These approaches are becoming the most popular in the implementation of state policy: regional, industrial, and technological systems are combined in cluster strategies to increase competitiveness, attractiveness, economic and technological indicators of territories and the nation as a whole. The central definition of the poles of competitiveness is “joint innovation projects”; implementation of these projects requires various participants to be involved. This approach should create an incentive for interaction at the local level and cooperation between the parties, increase the efficiency of all involved structures, develop the innovation sphere, and create new data in the related network.


1961 ◽  
Vol 107 (451) ◽  
pp. 1060-1061
Author(s):  
Alexander Tolor ◽  
John Colbert

Recent research has suggested that the social desirability factor may be considered both as a response set, which exerts a contaminating influence on personality tests (Edwards, 1957), and as a measure of pathology. With respect to the latter, Tolor and Boitano (1960) found that increased severity of psycho-pathology tends to be associated with a decreased ability to make socially acceptable choices on a check list consisting of an equal number of socially approved and socially disapproved items. Moreover, Fordyce (1956) pointed out that the “psychotic factor” resembles a definition of social undesirability. The present study represented an attempt to focus attention on the possible meaning of differences in social desirability in terms of differences in degree of ego-strengths of subjects. The purpose, therefore, was to determine the relationship between one aspect of ego strength, namely, the body image as reflected in the figure drawings, and the social desirability variable, as measured by a check list.


Legal Studies ◽  
1983 ◽  
Vol 3 (3) ◽  
pp. 315-333 ◽  
Author(s):  
D. R. Harris

There is no agreed definition of socio-legal studies: some use the term broadly to cover the study of law in its social context, but I prefer to use it to refer to the study of the law and legal institutions from the perspectives of the social sciences (viz all the social sciences – not only sociology). The last decade has seen many developments in this enterprise. Many younger academic lawyers became dissatisfied with the traditional type of legal scholarship, which concentrated on the internal consistency of the law and the inter-relationship of different legal rules. They showed great interest in studying the realities of the law in action, the social effects of law and the relationship of law to wider questions of social structure, and naturally turned to the social sciences for assistance.


ILUMINURAS ◽  
2015 ◽  
Vol 14 (34) ◽  
Author(s):  
Véronique Isabelle

O papel primordial da água nas paisagens do estuário guajarino, situado na foz do rio Amazonas, convida à investigação acerca da memória das comunidades ribeirinhas da cidade de Belém. Através da observação etnográfica das paisagens ribeirinhas do Porto do Sal, situado no centro histórico da cidade, analiso a relação dos habitués do lugar com o ambiente que, neste caso, representa a zona mestiça de água e de terra que define o lugar. A relação íntima e própria dos habitués do Porto do Sal com a baía influencia diretamente suas relações sociais dinâmicas e as suas expressões imaginárias. A partir da perspectiva da Antropologia Urbana e de acordo com uma abordagem “sensível” desenvolvida por Pierre Sansot (1973), realizada principalmente por meio das artes visuais é possível identificar aspectos do cotidiano de tais pessoas junto ao Porto do Sal e ao Rio Guamá, bem como as formas sociais que unem os sujeitos entre si e ao meio. A proposta de construção de uma reflexão considera o ambiente como elemento da experiência estética e ética com o lugar, com destaque ao registro sensorial na forma de habitar o mundo urbano e de senti-lo nos gestos mais cotidianos e no estar-junto em relação (Maffesoli, 1999; 2010), configurando as paisagens ribeirinhas da urbe na Cidade Velha. A descrição etnográfica visa produzir imagens do Porto do Sal enquanto um conjunto de paisagens com a intenção de estimular a reflexão sobre o imaginário no contexto amazônico, especialmente do mundo urbano belemense. Palavras chaves: Paisagens. Porto do Sal. Imaginário. Memória. Arte.  Digging waters and exploring Porto do Sal: Essays on an ethnographic itineraryAbstractThe importance of water in the estuary landscapes of the Guajará Bay invites us to investigate the memory of the riverine communities of the city of Belém, Northern Brazil. Through an ethnographic observation of the riverine community of Porto do Sal, I propose to analyze the relationship of the inhabitants with their environment, in this case the encounter of water and land in the urban environment of Belém. The intimate relationship of the habitués of Porto do Sal with the Guajará Bay directly influences their social relations and imaginary expressions. From the perspective of urban anthropology and according to Pierre Sansot’s sensitive approach (1973), I propose a reflection that considers the environment as an aesthetic and ethic experience with the place based on a definition of the landscape as a phenomenon that originates from the human experience in the world. I put a particular emphasis on the sensitive register of the daily experience of the urban world, on the day-to-day gestures and the “being-together” (Maffesoli, 1999; 2010) that are specific to riverine landscapes of the waterside of Belém’s old port. In this case, the ethnographic description aims to produce images of Porto do Sal as an ensemble of landscapes, with the intention to stimulate reflection about the social imaginary in the Amazon region, specifically in the urban environment of Belém. Key words: Landscapes. Porto do Sal. Aesthetic. Memory. Art. 


2016 ◽  
Vol 6 (2) ◽  
Author(s):  
Rosa Jaitin

This article covers several stages of the work of Pichon-Rivière. In the 1950s he introduced the hypothesis of "the link as a four way relationship" (of reciprocal love and hate) between the baby and the mother. Clinical work with psychosis and psychosomatic disorders prompted him to examine how mental illness arises; its areas of expression, the degree of symbolisation, and the different fields of clinical observation. From the 1960s onwards, his experience with groups and families led him to explore a second path leading to "the voices of the link"—the voice of the internal family sub-group, and the place of the social and cultural voice where the link develops. This brought him to the definition of the link as a "bi-corporal and tri-personal structure". The author brings together the different levels of the analysis of the link, using as a clinical example the process of a psychoanalytic couple therapy with second generation descendants of a genocide within the limits of the transferential and countertransferential field. Body language (the core of the transgenerational link) and the couple's absences and presence during sessions create a rhythm that gives rise to an illusion, ultimately transforming the intersubjective link between the partners in the couple and with the analyst.


Author(s):  
Oleksii Chepov ◽  

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.


2018 ◽  
Vol 28 (1) ◽  
pp. 265-272
Author(s):  
Venelin Terziev ◽  
Preslava Dimitrova

The social policy of a country is a set of specific activities aimed at regulating the social relations between different in their social status subjects. This approach to clarifying social policy is also called functional and essentially addresses social policy as an activity to regulate the relationship of equality or inequality in society. It provides an opportunity to look for inequalities in the economic positions of individuals in relation to ownership, labor and working conditions, distribution of income and consumption, social security and health, to look for the sources of these inequalities and their social justification or undue application.The modern state takes on social functions that seek to regulate imbalances, to protect weak social positions and prevent the disintegration of the social system. It regulates the processes in society by harmonizing interests and opposing marginalization. Every modern country develops social activities that reflect the specifics of a particular society, correspond to its economic, political and cultural status. They are the result of political decisions aimed at directing and regulating the process of adaptation of the national society to the transformations of the market environment. Social policy is at the heart of the development and governance of each country. Despite the fact that too many factors and problems affect it, it largely determines the physical and mental state of the population as well as the relationships and interrelationships between people. On the other hand, social policy allows for a more global study and solving of vital social problems of civil society. On the basis of the programs and actions of political parties and state bodies, the guidelines for the development of society are outlined. Social policy should be seen as an activity to regulate the relationship of equality or inequality between different individuals and social groups in society. Its importance is determined by the possibility of establishing on the basis of the complex approach: the economic positions of the different social groups and individuals, by determining the differences between them in terms of income, consumption, working conditions, health, etc .; to explain the causes of inequality; to look for concrete and specific measures to overcome the emerging social disparities.


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