ECONOMIC APPROACH TO LAW

Author(s):  
Алексей Викторович Зырянов ◽  
Александр Васильевич Петров

Recent legal and economic research has shown that the legal system, its doctrines, procedures and institutions, are influenced by concerns about economic efficiency. From the point of view of foreign researchers, the rules of property rights assumption and the determination of liability, the procedure for the settlement of legal disputes, limitations, methods of calculating damages and the definition of interim measures, as well as other important elements of the legal system are best understood as attempts to promote the effective allocation of resources. Contrary to the idea of normative self-sufficiency, it can be observed that if the legal system were systematically and effectively developed to maximize economic efficiency, the level of strategic planning of legislative activity was much higher.

1859 ◽  
Vol 6 (31) ◽  
pp. 39-49
Author(s):  
J. Stevenson Bushnan

Physiology is co-extensive with organic nature. Organic nature is wholly composed of individuals, comprising the two great kingdoms of plants and animals. A unity of structure pervades the whole of this wide field of nature; and this unity is a great principle, applicable to the determination of truth in the investigation of this part of knowledge. Every individual in organic nature is a system made up of reciprocally dependent and connected parts. The objects of investigation in physiology are phenomena, organs, and principles. The study of phenomena stands first in order; but while it must essentially be first cultivated and advanced, in the ulterior stages of its progress it gains continually fresh additions from the progress made in the knowledge of organs and principles. That phenomena attract attention before organs, is manifest on the slightest consideration. Thus the phenomena of locomotion were familiar to mankind long before the part taken by the muscular flesh in locomotion was discovered. To this moment it is far more certain that absorption takes place throughout the animal body, than what the organs are by which that office is performed. And it would be easy to multiply examples of the same kind, not-withstanding that there are some phenomena of the human body—such as those connected with the sense of sight, the sense of hearing, and other senses—the organs concerned in which must have been known, in a general manner, almost as soon as the earliest phenomena in which they are concerned. Principles, in their larger sense, take their place subsequently to the study of organs; yet, as referring to the more common genera of phenomena, these must also have had their rise almost coeval with the observation of phenomena. Thus the grouping of colours, sounds, smells, and tastes together, under the name of qualities derived from sense, must have been a very early and universal generalization. Nevertheless, it will, I think, be conceded, after these examples, that the study of phenomena is of a more elementary character in physiology, than the study of organs and principles; and, therefore, in the difficult parts of any physiological subject, that more progress is likely to be made by the study of phenomena, than by the study of organs and principles. But before proceeding further, it may be desirable to give some examples of physiological phenomena:—the alternation of sleep and waking; of hunger and satiety; thirst; the effect of drink; breathing; the exercise of the senses, and trains of thought; the various kinds of locomotion, walking, running, leaping, dancing. Here a question naturally arises—if trains of thought be physiological phenomena, does not all human knowledge fall within the definition of physiological phenomena? If the human race were not yet called into being, neither would human knowledge, it is true, have any existence in the world. And, it is doubtless true, under one point of view, that all that man has discovered; all that he has recorded; all the changes which he has made upon the earth since his first creation—are the effects of his physiological nature. But to place all knowledge under the head of physiology would be to defeat the very end of methodical arrangement, to which the progress of knowledge is so largely indebted. Nor is it difficult to mark out at least the general character of the boundaries within which physiology, in the largest sense in which it is convenient to accept it, should be circumscribed. Let us take as an example man's susceptibility of locomotion. It is a sufficient illustration of the physiology of locomotion to point out, that every man without any extraordinary effort learns to walk, run, hop, leap, climb; but there is at least a manifest convenience in separating such more difficult acquisitions as dancing, skating, writing, from the order of physiological phenomena, and placing each in a department by itself, as subject to its own rules. So also it is at least a convenience to consider painting and music as separate departments of study, and not merely as physiological phenomena, falling under the senses of sight and of hearing. It may be supposed to be a matter of the like convenience, to separate from physiology all the phenomena which enter into what are commonly called trains of thought; that is nearly all that comes under the head of psychology, in its most appropriate extent of signification. But several objections will readily occur to such a mutilation of physiology. In particular, it is objectionable, because, as was already hinted, the phenomenal departments of physiology, though the first to take a start, are often much augmented by the subsequent study of the organs concerned; and, more so that, since psychology, disjoined from physiology, and limited to one mode of culture, namely, by reflexion on the subjects of consciousness, were psychology thrown out from physiology, the probable advantages from the study of the organs concerned in the mental processes, and the other modes of culture, admissible in physiological enquiry, would be lost. If it be said that psychology proper rejects all evidence, except the evidence of consciousness, on no other ground, but because of the uncertainty of every other source of evidence—the answer is, that in those sciences which have made most progress, possibility, probability, and moral certainty have always been admitted as sufficient interim grounds for the prosecution of such inquiries as have finally, though at first leading to inexact conclusions, opened the way to the attainment of the most important truths; and that psychology, by the over-rigidness of its rules of investigation, has plainly fallen behind sciences, in advance of which it at one time stood in its progress.


1859 ◽  
Vol 6 (31) ◽  
pp. 39-49
Author(s):  
J. Stevenson Bushnan

Physiology is co-extensive with organic nature. Organic nature is wholly composed of individuals, comprising the two great kingdoms of plants and animals. A unity of structure pervades the whole of this wide field of nature; and this unity is a great principle, applicable to the determination of truth in the investigation of this part of knowledge. Every individual in organic nature is a system made up of reciprocally dependent and connected parts. The objects of investigation in physiology are phenomena, organs, and principles. The study of phenomena stands first in order; but while it must essentially be first cultivated and advanced, in the ulterior stages of its progress it gains continually fresh additions from the progress made in the knowledge of organs and principles. That phenomena attract attention before organs, is manifest on the slightest consideration. Thus the phenomena of locomotion were familiar to mankind long before the part taken by the muscular flesh in locomotion was discovered. To this moment it is far more certain that absorption takes place throughout the animal body, than what the organs are by which that office is performed. And it would be easy to multiply examples of the same kind, not-withstanding that there are some phenomena of the human body—such as those connected with the sense of sight, the sense of hearing, and other senses—the organs concerned in which must have been known, in a general manner, almost as soon as the earliest phenomena in which they are concerned. Principles, in their larger sense, take their place subsequently to the study of organs; yet, as referring to the more common genera of phenomena, these must also have had their rise almost coeval with the observation of phenomena. Thus the grouping of colours, sounds, smells, and tastes together, under the name of qualities derived from sense, must have been a very early and universal generalization. Nevertheless, it will, I think, be conceded, after these examples, that the study of phenomena is of a more elementary character in physiology, than the study of organs and principles; and, therefore, in the difficult parts of any physiological subject, that more progress is likely to be made by the study of phenomena, than by the study of organs and principles. But before proceeding further, it may be desirable to give some examples of physiological phenomena:—the alternation of sleep and waking; of hunger and satiety; thirst; the effect of drink; breathing; the exercise of the senses, and trains of thought; the various kinds of locomotion, walking, running, leaping, dancing. Here a question naturally arises—if trains of thought be physiological phenomena, does not all human knowledge fall within the definition of physiological phenomena? If the human race were not yet called into being, neither would human knowledge, it is true, have any existence in the world. And, it is doubtless true, under one point of view, that all that man has discovered; all that he has recorded; all the changes which he has made upon the earth since his first creation—are the effects of his physiological nature. But to place all knowledge under the head of physiology would be to defeat the very end of methodical arrangement, to which the progress of knowledge is so largely indebted. Nor is it difficult to mark out at least the general character of the boundaries within which physiology, in the largest sense in which it is convenient to accept it, should be circumscribed. Let us take as an example man's susceptibility of locomotion. It is a sufficient illustration of the physiology of locomotion to point out, that every man without any extraordinary effort learns to walk, run, hop, leap, climb; but there is at least a manifest convenience in separating such more difficult acquisitions as dancing, skating, writing, from the order of physiological phenomena, and placing each in a department by itself, as subject to its own rules. So also it is at least a convenience to consider painting and music as separate departments of study, and not merely as physiological phenomena, falling under the senses of sight and of hearing. It may be supposed to be a matter of the like convenience, to separate from physiology all the phenomena which enter into what are commonly called trains of thought; that is nearly all that comes under the head of psychology, in its most appropriate extent of signification. But several objections will readily occur to such a mutilation of physiology. In particular, it is objectionable, because, as was already hinted, the phenomenal departments of physiology, though the first to take a start, are often much augmented by the subsequent study of the organs concerned; and, more so that, since psychology, disjoined from physiology, and limited to one mode of culture, namely, by reflexion on the subjects of consciousness, were psychology thrown out from physiology, the probable advantages from the study of the organs concerned in the mental processes, and the other modes of culture, admissible in physiological enquiry, would be lost. If it be said that psychology proper rejects all evidence, except the evidence of consciousness, on no other ground, but because of the uncertainty of every other source of evidence—the answer is, that in those sciences which have made most progress, possibility, probability, and moral certainty have always been admitted as sufficient interim grounds for the prosecution of such inquiries as have finally, though at first leading to inexact conclusions, opened the way to the attainment of the most important truths; and that psychology, by the over-rigidness of its rules of investigation, has plainly fallen behind sciences, in advance of which it at one time stood in its progress.


2018 ◽  
Vol 95 (1) ◽  
pp. 34-53 ◽  
Author(s):  
Ciro De Florio ◽  
Aldo Frigerio

The concept of soft facts is crucial for the Ockhamistic analysis of the divine knowledge of future contingents; moreover, this notion is important in itself because it concerns the structure of the facts that depend—in some sense—on other future facts. However, the debate on soft facts is often flawed by the unaware use of two different notions of soft facts. The facts of the first kind are supervenient on temporal facts: By bringing about a temporal fact, the agent can bring about these facts. However, on the one hand, the determination of the existence of these facts does not affect the past; on the other hand, assimilating divine knowledge into this kind of facts does not help the Ockhamist. The authors will argue that, to vindicate Ockhamism, another definition of “soft fact” is necessary, which turns out to be much more demanding from a metaphysical point of view.


2021 ◽  
pp. 30-35
Author(s):  
O.A. Rozhkova ◽  
S.V. Voronina

The definition of the concept of turnover is absent in the provisions of the civil code and other normativelegal acts. The scientific discussion is based on the content of the concepts of turnover, civil turnover and legalregime, and their relationship. In civil turnover, most of the objects of civil rights are freely used, which ispredetermined by their inherent legal property of turnover. The civil code defines turnover as the ability ofan object of civil rights to be freely alienated and transferred from one person to another. Turnover is oftenidentified with the ability of an object to be an object of civil rights in General. The doctrine also does nothave a single point of view regarding the understanding of turnover and its relationship to the legal regime.Land plots are objects of civil turnover, participate in land legal relations as objects of civil turnover.The turnover of land plots is carried out to the extent that it is allowed by the legislation. The question ofthe correlation between land and civil legislation in regulating the turnover of land plots is relevant. Thecivil code refers the determination of the degree of turnover of land plots to the subject of regulation of landlegislation. In accordance with the land code, the turnover of land plots is carried out in accordance withcivil legislation and the code, while the content of restrictions on the turnover of land plots is establishedby the land code and Federal laws.


1958 ◽  
Vol 148 (932) ◽  
pp. 285-290 ◽  

This discussion was arranged in the belief that diverse lines of research with microorganisms had contributed materially to the solution of the role of the cytoplasm in differentiation, and that the time was ripe to review the relationships and degree of accord between at least some of these newer lines of work. The treatment is from three points of view. First, there is the morphological framework as revealed by electron microscopy. Even though the genetic functions of the structures so revealed are as yet unknown, the fine-structure of the cytoplasm must ultimately be related to the expression of genetic functions. Secondly, there is the genetic determination of cytoplasmic variations, their nature and their stability and plasticity and the interdependence of nucleus and cytoplasm. Thirdly, there is a consideration of the biochemical self-sufficiency of the cytoplasm and its stability in terms of enzymes. It has often been stated that from the point of view of heritable variation, the cytoplasm plays a minor role. However, it plays the major role in expressing the characters determined by the genes, and its history and the effect of the environment upon it are not without influence upon the characters expressed, just as the genes influence one another. Thus the action of a gene, by which it is recognized, may be expressed in some cells or tissues, but apparently not in others. By orderly control of which genes appear to act at a given time, cells may be differentiated sequentially in a tissue for specialized functions.


Author(s):  
Tomáš Hlavsa

Regions in the Czech Republic, the same as in most European countries, show in their rural areas a considerable difference rate from points of view demographic, social and economic as well as from point of view of infrastructure. The paper deals with a proposal of a suitable methodological approach of regions comparison in frame of rural development and agriculture indicators. This methodological approach is based on multivariate statistical analysis using composite indicators. Partial aim is to analyze disparities among regions at a level NUTS 4 in Královéhradecký region in light of agriculture and the situation in rural space. Identification and a subsequent analysis of these differences and a determination of a certain sequence of regions and their categorization can be beneficial for definition of trouble shooting regions and better support aiming. In the paper is also evaluated current regional policy applied in observed NUTS 4 in relation with disparity analysis results and categorization.


2020 ◽  
Vol 203 ◽  
pp. 05015
Author(s):  
Yuri Pichugin ◽  
Yuri Lobeyko ◽  
Elena Zritneva ◽  
Valentine Ivashova ◽  
Bulat Pashtaev

The article presents the results of the study of priorities in the field of labor motivation of young agricultural scientists. A review of publications on labor motivation shows that important areas of research are the definition of priorities among internal and external motives and their study in segmentation by age and spheres of activity. Therefore, the determination of the priorities of labor motivation of young agricultural scientists is of great scientific and practical interest. We studied the motives of effective research and teaching activities of young employees on the example of a sociological survey conducted on the basis of Stavropol State Agrarian University. Using SPSS Statistics (version 21) software package and a unique mathematical apparatus, the priorities of labor motivation of young agricultural scientists were established. From the point of view of theoretical significance, the presented materials make it possible to use the research algorithm in such situations. The practical significance of the research results lies in the formation of an information base for strategic management of personnel processes in organizations of agricultural education.


Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 226-264
Author(s):  
Nijmi Edres

Abstract From the point of view of the institutional legal history of shariʿa courts in Israel, the article focuses on the elements of rupture and/or continuity introduced by the appointment of Hanāʾ Manṣūr-Khaṭīb as the first female judge in Israeli religious courts against the background of three main elements, the subordination of shariʿa courts to the Israeli legal system, the reaction of shariʿa courts to the challenges posed by secular and conservative Muslim actors inside the Palestinian minority, and the definition of gender roles in the Muslim judiciary in Israel. Despite some elements of rupture with the past, the article argues that the appointment is part and continuation of an active strategy of the pragmatic use of “the past” of Islamic legal tradition already pursued by shariʿa courts since 1995, and that the appointment of Manṣūr-Khaṭīb can be inscribed in a framework of “patriarchal liberalism,” following the definition of Moussa Abou Ramadan, proving that, still, gender is anything but irrelevant.


2021 ◽  
Vol 1 (175) ◽  
pp. 45-53
Author(s):  
T.Yu. Krotenko ◽  
◽  
M.I. Kanunikova ◽  
O.V. Lesnikova ◽  
Yu.V. Malkova ◽  
...  

Today, the world scientific community has not yet formed an agreed point of view on the definition of a «green» economy. Many important generalizations in this direction require development. This is necessary for a more detailed understanding of the essence of the construct under study, determination of scientific and practical goals in this area, identification of approaches, construction of classifications. The article deals with the definitive aspect of the concept of «bioeconomy». As a result of generalization of the already formed theoretical and practical approaches, a classification of directions for the development of bioeconomy was obtained. The main tasks of the author’s research are as follows: a) identifying the role and place of bioeconomics in the system of sciences; b) consideration of the priority directions of its development in an innovative economy in the context of continuous transformation processes, globalization, automation. Solving these problems creates a theoretical basis for training specialists focused on the implementation of competencies in the field of bioeconomics. The methodological basis for the analysis of theoretical and practical aspects 53 ТЕОРИЯ И МЕТОДОЛОГИЯ of bioeconomics and the proposed conclusions was the scientific content of the official websites of research Russian and foreign institutions working in this area, using the terms «bioeconomics», «biotechnology», «bioengineering education», «transdisciplinarity».


Author(s):  
Светлана Васильевна Шаляпина

Введение. В условиях быстрых изменений в общественной и профессиональной сфере актуальным становится вопрос о том, как организовывать процесс профессионального самоопределения и эффективного трудоустройства выпускников вузов. В этой связи рассмотрено содержание организационно-педагогических условий содействия профессиональному самоопределению студентов педагогического вуза. Цель – поиск и определение содержания организационно-педагогических условий содействия профессиональному самоопределению студентов педагогического вуза. Материал и методы. Использованы теоретические (изучение, анализ, обобщение литературы, изучение статистических данных, моделирование) и эмпирические (анкетирование, опрос, апробация) методы исследования. Обоснование комплекса условий строится на основе эмпирического обобщения деятельности центра содействия занятости студентов. Обзор литературы. Представлены подходы современных исследователей к дефиниции «организационно-педагогические условия». Выделена группа ученых, рассматривающих организационно-педагогические условия как совокупность факторов. Описана позиция исследователей, считающих, что организационно-педагогические условия – это комплекс каких-либо мероприятий. Отдельно проанализированы научно-исследовательские работы ученых, считающих, что в дефиниции «организационно-педагогические условия» выделяются две смысловые составляющие: организационные условия и педагогические условия. Результаты и обсуждение. На основе анализа литературы и обобщения эмпирического опыта уточнено, что под организационными условиями в работе будут пониматься факторы, которые обеспечивают управление процессом, а под педагогическими – факторы, включающие в себя содержание, методы, приемы, формы обучения, воспитания, обеспечивающие достижение педагогических целей. При этом объединение организационных и педагогических условий в один комплекс, подчиненный общей цели, будет являться организационно-педагогическими условиями. На основе этого на базе Томского государственного педагогического университета определен и апробирован комплекс организационно-педагогических условий содействия профессиональному самоопределению студентов. Заключение. Предложено уточненное определение организационно-педагогических условий содействия профессиональному самоопределению обучающихся педагогического вуза, в том числе студентов с низкой мотивацией на педагогическую профессию, которое может быть использовано в качестве основы для деятельности вузовских центров по трудоустройству выпускников. Introduction. Under rapid changes in social and professional spheres urgent appears the question of organizing the process of professional self-determination and effective employment of university graduates. In connection with it, the article will cover the content of organizational and pedagogical conditions in the process of contributing to the professional self-determination of students of a pedagogical university. Aim – to search for and define the content of organizational and pedagogical conditions contributing to the professional self-determination of students of a pedagogical university. Material and methods. Such methods of analysis as theoretical methods (analyzing and summarizing what is in literature, analyzing statistical data, modelling) and empirical methods (using surveys, questioning, testing) were applied. Stating the set of conditions is based on summarizing empirically the activities of the center for students’ employment. Modern researchers’ approaches to defining “organizational and pedagogical conditions” are presented. Apart from others is the group of researchers analyzing organizational and pedagogical conditions as a set of factors. Also, the article reveals the point of view of researchers who think that organizational and pedagogical conditions are a set of some schemes. Separately we analyze research works by scientists who think that in the definition of “organizational and pedagogical conditions” there are two sensible components: organizational conditions and pedagogical conditions. Results and discussion. Analyzing issues and summarizing empirical experience, it was specified that under organizational conditions we will mean factors that guarantee controlling the process and pedagogical conditions will be understood as factors including content, methods, means, forms of teaching, upbringing that provide achieving pedagogical goals. In such a case, putting together organizational conditions and pedagogical conditions into one set used for achieving one mutual goal will result in organizational and pedagogical conditions together. On the basis of it in Federal State Budgetary Educational Institution of Higher Education “Tomsk State Pedagogical University” we made up and tested a set of organizational and pedagogical conditions contributing to students’ professional self-determination. Conclusion. There has been put forward the definition of organizational and pedagogical conditions contributing to the professional self-determination of students of a pedagogical university, including students with low motivation for pedagogical profession, that can be used as a basis for the activities of university centers for students’ employment.


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