INVESTMENT: THE TERM AND CONCEPT

2020 ◽  
Vol 13 (5) ◽  
pp. 30-37
Author(s):  
YURY SHPINEV ◽  
Keyword(s):  
Industrial Revolution ◽  
Unified Approach ◽  
Legal Concept ◽  
Distinctive Features ◽  
Special Unit ◽  
Legal Term ◽  
Urgent Task ◽  
Legal Concepts ◽  
English Industrial Revolution ◽  
The Relationship

Attracting investment in the real sector of the economy is currently an urgent task for any state. To solve this problem in our country, it is necessary, among other things, to develop transparent investment legislation, including unambiguously defining the concept of investment. The article examines the nature and distinctive features of the term as a special unit of language, as well as the relationship between the term and the concept. Objective: to identify the relationship between the term and the concept of relative in three areas: in General, in linguistics, in law, and directly in relation to investment. To achieve this goal, scientific approaches to this problem are analyzed by linguists and it is concluded that in modern research, the term is understood as a word or phrase denoting the concept of a special field of knowledge or activity. Attention is drawn to the existence of different opinions about the relationship between a legal term and a legal concept, and it is also noted that despite some peculiarities, the General knowledge about terms and concepts obtained and formulated by linguists fully applies to legal concepts and terms. Analyzing the concept of investment, as well as the use of the term investment in current laws and scientific reports, the author concludes that to date, neither regulatory documents nor the scientific community has developed a unified approach to the concept of investment. In conclusion, as one of the directions for understanding investment, we offer a more detailed consideration of investment at the time of its origin and formation, during the English industrial revolution.

Gender Diversity in the Senior Management of Large Technology Companies

2022 ◽  
pp. 1945-1962
Author(s):  
Yakira Fernández-Torres ◽  
Ricardo Javier Palomo-Zurdo ◽  
Milagros Gutiérrez-Fernández
Keyword(s):  
Corporate Governance ◽  
Boards Of Directors ◽  
Business Performance ◽  
Industrial Revolution ◽  
Gender Diversity ◽  
Female Representation ◽  
Distinctive Features ◽  
Representation Of Women ◽  
The Relationship

As a key part of the fourth industrial revolution, technology companies have become the most valuable companies in the world in terms of market capitalization. Surprisingly, however, these companies have been overlooked by studies of gender diversity in corporate governance even though their highly distinctive features may cause major differences in gender diversity with respect to companies in other sectors. The goal of this chapter is therefore to provide the first characterization of gender diversity in the corporate governance of large technology companies—specifically those with the highest market value—and explore the relationship between gender diversity and business performance. To achieve this goal, descriptive statistical analysis is used. Data correspond to the period 2005 to 2017. The findings confirm the under-representation of women on the boards of directors of 162 publicly listed companies. The findings also show that the most profitable companies are those that have the greatest female representation on their boards of directors.

To the question about the accuracy of legal formulations of penalties of alternative deprivation of freedom, assuming legal restrictions in the sphere of labor

2020 ◽  
pp. 72-82
Author(s):  
Станислав Андреевич Сторожев
Keyword(s):  
Community Service ◽  
Military Service ◽  
Forced Labor ◽  
Paid Work ◽  
Legal Concept ◽  
Distinctive Features ◽  
Legal Term ◽  
Legal Restrictions ◽  
Criminal Penalties ◽  
Author Proceeding

В статье рассмотрен вопрос точности юридических формулировок наказаний, альтернативных лишению свободы, предполагающих правоограничения в сфере труда. Автор, исходя из того, что основное назначение юридического термина - точно отобразить юридическое понятие, его специфические и существенные признаки, определить соотношение его с другими понятиями и отграничить от близких по значению явлений, приходит к выводу, что такие юридические термины, как «обязательные работы», «исправительные работы», «ограничение по военной службе» и «принудительные работы», не вполне отвечают этим требованиям. В работе особое внимание уделено анализу содержания указанных уголовных наказаний, а также схожих и отличительных признаков. На основе результатов настоящего исследования, мнений различных специалистов, высказанных ранее, зарубежного опыта, в статье предложены авторские наименования уголовных наказаний, альтернативных лишению свободы, предполагающих правоограничения в сфере труда: «бесплатные временные общественные работы» (либо «общественные работы», если исходить из принципа краткости), «оплачиваемые работы без ограничения свободы» и «оплачиваемые работы с ограничением свободы». The article deals with the accuracy of legal wording of punishments alternative to imprisonment, which presuppose legal restrictions in the sphere of work. The author, proceeding from the fact that the main purpose of the legal term is an accurate representation of the legal concept, its specific and essential features, to determine its relationship with other concepts and to distinguish it from similar phenomena, concludes that such legal terms as “compulsory labor”, “correctional labor”, “restriction on military service” and “forced labor” do not fully meet these requirements. Special attention is paid to the analysis of the content of these criminal penalties, as well as their similar and distinctive features. Based on the results of this study, the opinions of various researchers expressed earlier, and foreign experience, the article suggests author's names of criminal penalties that are alternative to imprisonment, suggesting legal restrictions in the field of labor: “free temporary community service” (or “community service” for short), “paid work without restriction of liberty” and “paid work with restriction of liberty”.

scholarly journals Conceitos jurídicos indeterminados e sua margem de livre apreciação legal

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
André Saddy
Keyword(s):  
Rule Of Law ◽  
Administrative Law ◽  
Structural Components ◽  
Administrative Discretion ◽  
Legal Concept ◽  
The Rule Of Law ◽  
Legal Term ◽  
Legal Concepts ◽  
Technical Idea

<p><strong>CONCEITOS JURÍDICOS INDETERMINADOS E SUA MARGEM DE LIVRE APRECIAÇÃO LEGAL</strong> <strong></strong></p><p><strong>Resumo:</strong> O presente trabalho visa evidenciar que a subjetividade ou autonomia pública é distinta da clássica discricionariedade, abordando o surgimento de tal concepção, a superação da ideia de que tais conceitos era incontroláveis, as distintas correntes que admitiam ou não uma margem de livre apreciação isenta do controle judicial, a localização da margem de livre apreciação nos componentes lógico-estruturais da norma jurídica, para em seguida, estabelecer uma concepção de termo legal ou conceito jurídico indeterminado evidenciando as distintas incerteza semântica responsáveis pelas dificuldades de determinação dos sentidos normativos focando em especial na errônea ideia da discricionariedade técnica. Também se abordará o conceito de prognose e sua relação com os conceitos jurídicos indeterminados. Por fim, estudar-se-á a estrutura dos conceito jurídicos indeterminados, a teoria da multivalência ou da duplicidade e a teoria da univocidade ou da unicidade para concluir com nossa posição quanto aos conceitos jurídicos indeterminados.</p><p><strong>Palavras-chaves:</strong> Conceitos Jurídicos Indeterminados; Mérito Administrativo; Discricionariedade Administrativa; Discricionariedade Técnica; Autonomia Pública.</p><p><strong>CONCEPTS INDETERMINATE AND MARGIN OF YOUR FREE ASSESSMENT </strong></p><p><strong>Abstract:</strong> This study aims to show that subjectivity or public autonomy is distinct from classical discretion, addressing the emergence of such a conception, overcoming the idea that such concepts was uncontrollable, the different currents that admitted or not a margin of discretion exempt from control judicial, the location of the margin of discretion in the logical-structural components of the rule of law, to then establish a conception of legal term or indeterminate legal concept, demonstrating the distinct semantic uncertainty responsible for the difficulties of determining the normative meanings focusing in particular on erroneous technical idea of discretion. It also will address the concept of prognosis and its relation to the indeterminate legal concepts. Finally, it will be studied the structure of indeterminate legal concept, the theory of multivalency or duplicity and the theory of univocity or uniqueness to complete with our position on indeterminate legal concepts.</p><p><strong>Keywords:</strong> Indeterminate Legal Concepts; Administrative law; Administrative discretion; Discretion technique; Public autonomy.</p><p><strong>Data da submissão:</strong> 08/05/2016                   <strong>Data da aprovação:</strong> 12/06/2016</p>

Gender Diversity in the Senior Management of Large Technology Companies

2019 ◽  
pp. 48-64
Author(s):  
Yakira Fernández-Torres ◽  
Ricardo Javier Palomo-Zurdo ◽  
Milagros Gutiérrez-Fernández
Keyword(s):  
Corporate Governance ◽  
Boards Of Directors ◽  
Business Performance ◽  
Industrial Revolution ◽  
Gender Diversity ◽  
Female Representation ◽  
Distinctive Features ◽  
Representation Of Women ◽  
The Relationship

As a key part of the fourth industrial revolution, technology companies have become the most valuable companies in the world in terms of market capitalization. Surprisingly, however, these companies have been overlooked by studies of gender diversity in corporate governance even though their highly distinctive features may cause major differences in gender diversity with respect to companies in other sectors. The goal of this chapter is therefore to provide the first characterization of gender diversity in the corporate governance of large technology companies—specifically those with the highest market value—and explore the relationship between gender diversity and business performance. To achieve this goal, descriptive statistical analysis is used. Data correspond to the period 2005 to 2017. The findings confirm the under-representation of women on the boards of directors of 162 publicly listed companies. The findings also show that the most profitable companies are those that have the greatest female representation on their boards of directors.

scholarly journals Legal Concept and Legal Term: Specificity of the Correlation and Definitions (Based on Russian Laws)

2020 ◽  
Vol 22 (1) ◽  
pp. 207-215
Author(s):  
M. V. Batyushkina
Keyword(s):  
Legal System ◽  
Narrow Sense ◽  
Legal Concept ◽  
Verbal Expression ◽  
Judicial Practice ◽  
Legal Term ◽  
Judicial Discourse ◽  
Modification Procedure ◽  
Legal Concepts

The present research featured legal concepts and terms in legislative texts. The paper focuses on various approaches to legal concepts and terms, e.g. logical-hierarchical, definitional, structural-semantic, etc. The author proved that the concepts of legal term and legal concept are often synonymous. They have the same nominative function, verbal expression, modification procedure, and variability. In addition, both terms possess legislative definitions. As a result, a legislative text can be understood in broad and narrow sense. The study touched upon the following issues: (a) the institutional functions of legislative definitions (interpretative, differentiating, legal, system-forming); (b) the location of the definition within the legislative text; (c) the main methods for constructing a legislative definition (lists, descriptions, combinations) and defective legislative definitions. The paper describes reasons for the ambiguity of legal concepts (terms) and the variability of their legislative definitions. The research was based on the texts of Russian federal and regional laws, legal dictionaries, and judicial practice. The methods included discursive, categorical, and definitional approaches, as well as induction and deduction and contextual, component, comparative analyzes. The obtained results and conclusions may be used in legislative text studies, as well as by experts in legislative and judicial discourse.

The semiotic interpretation of legal subjects in China’s new criminal procedure law

Semiotica ◽  
2017 ◽  
Vol 2017 (216) ◽  
pp. 383-397
Author(s):  
Xu Lin ◽  
Li Liang
Keyword(s):  
Legal Reasoning ◽  
Criminal Procedure ◽  
Legal Concept ◽  
Legal Subject ◽  
Criminal Procedure Law ◽  
Legal Concepts ◽  
Legal Subjects ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Meaning

AbstractSemiotically, it is worth discussing some legal terminology that expresses the legal subjects in the criminal procedure law drawn up in 2012. In China’s new criminal procedure law, it can been seen that different legal concepts are adopted to refer to the same legal subject, while different legal subjects are referred to by the same legal concept. In Article 106 of the new criminal procedure law, “participants in the proceedings” means the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses, and interpreters. However, all kinds of criminal lawsuit participants appearing in the new criminal procedure law are far beyond the scope of “participants in the proceedings” defined in Article 106. While Article 3, Article 4, and Article 290 of the new criminal procedure law are all about subjects in the criminal procedure law, nevertheless, why is Article 290 arranged as the last article? With the help of the Peircean semiotic methodology and Greimas’ semiotic theory fused with legal materiality, some semiotic interpretations of legal terms are very necessary. Background metalanguage, consensus metalanguage, and context-oriented metalanguage are the foundation for analyzing the problems mentioned previously. In addition, legal language autonomy and unipolarity, the relationship of legal text and real legal meaning, and the transition from law in the text to the law in action provides several strong perspectives to make them clear. Drawing upon semiotic methodology fused with legal materiality, this paper will explore legislative techniques and methodology, especially logical deduction by reasoning between lawmakers and judges, including legal interpretation, legal reasoning, and interest measure. It will be beneficial to establish the authority of China’s new criminal procedure law and have it smoothly implemented in China.

EFFICIENT MANAGEMENT SYSTEM OF TEACHING TECHNICAL MEANS AT CENTRAL KINDERGARTEN PEDAGOGY COLLEGE IN INDUSTRIAL REVOLUTION 4.0

2020 ◽  
Vol 9 (2) ◽  
Author(s):  
Vũ Xuân Hùng
Keyword(s):  
Intellectual Development ◽  
Industrial Revolution ◽  
Current Period ◽  
Efficient Management ◽  
Urgent Task ◽  
Creative Learning ◽  
Cognitive Activities ◽  
And Control ◽  
Technical Teaching

In the process of teaching, technical teaching facilities are both a content and a means of conveying information, they help the lecturer organize and control the students' cognitive activities, in addition, they also help students be interested in learning, practice practical skills from which to form active and creative learning methods. Teaching technology is one of the necessary conditions to help teachers carry out their related work of educating, teaching and bringing up, and intellectual development, arouse the inherent intelligence qualities of students. Currently, the management of technical teaching facilities at the Central Kindergartens College has been carried out on a regular basis and achieved certain results, but in fact, there are still many inadequacies. Finding a number of limitations in the management of teaching technical facilities, thereby proposing solutions to overcome those limitations, improve the efficiency of investment, preservation and use of teaching technical facilities in the trend of Industry Revolution 4.0, improving the quality of teaching at Central Kindergarten Pedagogy colleges in the current period is a very important and urgent task.

scholarly journals Music, Politics, and History: An Introduction

2021 ◽  
Vol 60 (2) ◽  
pp. 362-374
Author(s):  
David Kennerley
Keyword(s):  
Sound Studies ◽  
The Body ◽  
Future Research ◽  
Short Article ◽  
Distinctive Features ◽  
Music And Politics ◽  
Introductory Article ◽  
History Of ◽  
Eighteenth And Nineteenth Centuries ◽  
The Relationship

AbstractMusic has been steadily rising up the historical agenda, a product of the emergence of sound studies, the history of the senses, and a mood of interdisciplinary curiosity. This introductory article offers a critical review of how the relationship between music and politics has featured in extant historical writing, from classic works of political history to the most recent scholarship. It begins by evaluating different approaches that historians have taken to music, summarizes the important shifts in method that have recently taken place, and advocates for a performance-centered, contextualized framework that is attentive to the distinctive features of music as a medium. The second half examines avenues for future research into the historical connections between music and politics, focusing on four thematic areas—the body, emotions, space, and memory—and closes with some overarching reflections on music's use as a tool of power, as well as a challenge to it. Although for reasons of cohesion, this short article focuses primarily on scholarship on Britain and Ireland in the eighteenth and nineteenth centuries, its discussion of theory and methods is intended to be applicable to the study of music and political culture across a broad range of periods and geographies.

4IR and Right to Education in Nigeria: Synergybetween Legal Instruments and Stem Education

2021 ◽  
Vol 12 (3) ◽  
pp. 2286-2295
Author(s):  
Mariam Adepeju Abdulraheem-Mustapha
Keyword(s):  
Stem Education ◽  
Industrial Revolution ◽  
Research Collaboration ◽  
Legal Protection ◽  
Right To Education ◽  
Fourth Industrial Revolution ◽  
Science Technology ◽  
And Mathematics ◽  
Laws And Policies ◽  
The Relationship

Laws and policies have important roles to play in advancing the Fourth Industrial Revolution (4IR) through Science, Technology, Engineering and Mathematics (STEM) research in Nigeria. STEM education and knowledge brings about development by converging scholars across the world with recent research discoveries. In order for Nigeria to reap the maximum benefits from the 4IR, its legal system must come in line with the principles advanced by the 4IR. It is important to state that the laws which have been enacted before the contemporary era are inadequate and obsolete. Education (STEM education inclusive) which will benefit the most from thenewrevolution would demand new legal instrumentsthat are adequate and effective to cater for the legal and policy demands of the 4IR by bringing forth a more current and inclusive legal protection for all the relevant beneficiaries. Using doctrinal methodology, thispaperexamines4IR and right to education in Nigeria with a view to establishing the relationship between the legal instruments and STEM education with the objective of advancing the agenda of the relevance of all fields of education for the next generation.The paper is divided into six sections and the findings show that, education (STEM education inclusive) is bedeviled with many challenges andthe extant laws are inadequate to solve them.Thus, making the goal of 4IR unachievable in Nigeria. To reach the greatest dexterities in all works of life, the paper concludes by bringing the significance of laws and policies that wouldaccommodate free STEM education in secondary and tertiary school levels in order to answer the call for 4IR. It recommends research collaboration across STEM fields for integrated curriculum and an amendment of the Constitution. It also advocates for gender equality and investing more in STEM education for having a transformative shift in Nigeria for the purpose of achieving 4IR.

A Welcome Conversation: Toward a New Historiography of Intellectual Property

2018 ◽  
Vol 43 (03) ◽  
pp. 1113-1129
Author(s):  
Kali Murray
Keyword(s):  
Intellectual Property ◽  
Legal History ◽  
Social Practices ◽  
The Body ◽  
Property Law ◽  
Legal Concept ◽  
Narrative Structures ◽  
History Of ◽  
The Relationship ◽  
Insight Into

This essay considers what tools should be used to study the legal history of intellectual property. I identify three historiographical strategies: narration, contest, and formation. Narration identifies the diverse “narrative structures” that shape the field of intellectual property history. Contest highlights how the inherent instability of intellectual property as a legal concept prompts recurrent debates over its meaning. Formation recognizes how intellectual property historians can offer insight into broader legal history debates over how to consider the relationship between informal social practices and formalized legal mechanisms. I consider Kara W. Swanson's Banking on the Body: The Market in Blood, Milk and Sperm in Modern America (2014) in light of these historiographical strategies and conclude that Swanson's book guides us to a new conversation in the legal history of intellectual property law.

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