scholarly journals “... Inconceivable, Unrealistic and Inhumane”. Internet Communication on the Flood Disaster in West Germany of July 2021 between Conspiracy Theories and Moralization— A Neopragmatic Explorative Study

2021 ◽  
Vol 13 (20) ◽  
pp. 11427
Author(s):  
Olaf Kühne ◽  
Lara Koegst ◽  
Marie-Luise Zimmer ◽  
Greta Schäffauer
Keyword(s):  
Conflicts Of Interest ◽  
Legal Framework ◽  
Conflict Theory ◽  
West Germany ◽  
Public Television ◽  
Internet Communication ◽  
Conspiracy Theories ◽  
Explorative Study ◽  
Man And Nature ◽  
Stable Material

The aim of this article is an explorative study of the debate on the flood in the western part of Germany in July 2021, based on the comments found below the coverage of a German public television channel (ZDF) published on YouTube. Based on the neopragmatic framing of the analysis by connecting morality and mass media according to Luhmann, as well as Dahrendorf’s conflict theory, four patterns of interpretation were identified which illustrate a high moralization of the conflict: conclusions drawn from the storm (e.g., of a political nature, references to COVID-19, etc.), far-reaching, predominantly negative interpretations that place the storm and its consequences in the context of other negatively interpreted aspects, as well as rational and empathetic interpretations regarding expressions of sympathy and offers of help, and, ultimately, interpretations that range from climate change and planning failures to various conspiracy-theoretical claims of responsibility for the flooding. All in all, a transformation from conflicts of interest and facts to conflicts of identity and values is taking place, revealing two utopias: the utopia in which man and nature are in harmonic unity, as well as the utopia of the satisfaction of individual (material) needs in a stable material-spatial and legal framework. Science has an instrumental application in both utopias.

Conflicts of Law in Privacy, Data Protection, and Defamation Disputes: German and English Law

2021 ◽  
pp. 369-405
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Data Protection ◽  
Conflicts Of Interest ◽  
Private International Law ◽  
Internet Communication ◽  
General Data Protection Regulation ◽  
Applicable Law ◽  
Personality Rights ◽  
General Data ◽  
Brussels Regulation

Chapter 11 provides a critical analysis of private international law with regard to disputes based on torts between private parties arising from infringements of privacy and data protection rights, and defamation, committed by internet communication. This is a fast-developing and changing area. It compares the private international law rules in Germany and England. The proceedings examined in this chapter are civil litigation, as opposed to judicial review of administrative action (Chapter 7). The chapter covers the harmonized rules under the Brussels Regulation and, in particular, the jurisprudence in respect of the mosaic rule established in Shevill and the rules on civil jurisdiction in the General Data Protection Regulation (GDPR). Additionally, where the Brussels Regulation does not apply, it examines in detail the national rules of jurisdiction in Germany and England, in particular the “conflicts of interest” test in Germany, and, for defamation cases in England, the new test on the most appropriate place under the Defamation Act 2013. Since the rules on applicable law for privacy, defamation, and other personality rights cases are not harmonized in the Rome II Regulation, national law prevails. The rules in Germany and England are analysed—contrasting and comparing the approaches in internet cases. It unravels the extraordinarily complicated and twisted knot of jurisdiction and applicable law in the area of personality rights infringements online and brings some clarity to this area. It concludes with some robust suggestions for improving the rules on jurisdiction and applicable law to provide a better balance of conflicting interests.

scholarly journals Men Lose Life Satisfaction with Fewer Hours in Employment: Mothers Do Not Profit from Longer Employment—Evidence from Eight Panels

2020 ◽  
Vol 152 (1) ◽  
pp. 317-334
Author(s):  
Martin Schröder
Keyword(s):  
Life Satisfaction ◽  
Fixed Effects ◽  
Working Hours ◽  
The United States ◽  
Conflict Theory ◽  
Work Hours ◽  
West Germany ◽  
Men And Women ◽  
Female Partners ◽  
East And West Germany

Abstract This article uses random and fixed effects regressions with 743,788 observations from panels of East and West Germany, the UK, Australia, South Korea, Russia, Switzerland and the United States. It shows how the life satisfaction of men and especially fathers in these countries increases steeply with paid working hours. In contrast, the life satisfaction of childless women is less related to long working hours, while the life satisfaction of mothers hardly depends on working hours at all. In addition, women and especially mothers are more satisfied with life when their male partners work longer, while the life satisfaction of men hardly depend on their female partners’ work hours. These differences between men and women are starker where gender attitudes are more traditional. They cannot be explained through differences in income, occupations, partner characteristics, period or cohort effects. These results contradict role expansionist theory, which suggests that men and women profit similarly from moderate work hours; they support role conflict theory, which claims that men are most satisfied with longer and women with shorter work hours.

scholarly journals Logic Analysis of How the Emergency Management Legal System Used to Deal with Public Emerging Infectious Diseases under Balancing of Competing Interests—The Case of COVID-19

Healthcare ◽  
2021 ◽  
Vol 9 (7) ◽  
pp. 857
Author(s):  
Chao Zhang ◽  
Lei Hong ◽  
Ning Ma ◽  
Guohui Sun
Keyword(s):  
Infectious Diseases ◽  
Emergency Management ◽  
Legal System ◽  
Conflicts Of Interest ◽  
Focal Point ◽  
Emerging Infectious Diseases ◽  
Legal Framework ◽  
Public Interests ◽  
Legal Norms ◽  
Competing Interests

Development of measures for mitigating public emerging infectious diseases is now a focal point for emergency management legal systems. COVID-19 prevention and containment policies can be considered under the core goal of social and individual interests. In this study we analyzed the complexity between individual and public interests as they conflict when implementing disease preventative measures on an epidemic scale. The analysis was used to explore this complex landscape of conflicting social, public, and legal interests to quantify the potential benefits of public acceptance. Here we use the large-scale COVID-19 epidemic backdrop to examine legal norms of the emergency management legal framework. We find that the implementation of emergency management legal system measures involves the resolution of both direct and indirect conflicts of interest among public groups, individual groups, and various subsets of each. When competing interests are not balanced, optimal policies cannot be achieved to serve and safeguard shared social and community stability, whereas effective social outcomes are obtainable through the development of targeted policies as defined within the emergency management legal system. A balanced legal framework in regards to emergency management legal norms can more effectively serve to mitigate and prevent the continued spread of emerging infectious diseases. Further developing innovative procedural mechanisms as a means to ensure emergency response intervention should take into account the weighted interest of the different social parties to determine priorities and aims to protect legitimate public interests.

scholarly journals ONLINE REGULATION OF DISPUTES IN ELECTRONIC COMMERCE

2020 ◽  
Vol 6 ◽  
pp. 14-17
Author(s):  
Artem M. Tsirin ◽  
◽  
Madina A. Tsirina ◽  
Keyword(s):  
Electronic Commerce ◽  
Detailed Analysis ◽  
Dispute Resolution ◽  
Conflicts Of Interest ◽  
Digital Technologies ◽  
Legal Framework ◽  
Legal Norms ◽  
Online Dispute Resolution ◽  
The Subject ◽  
Online Regulation

This article on Online Dispute Resolution in E-Commerce provides a detailed analysis of the international legal framework for conciliation and online dispute resolution. The authors analyze the conceptual apparatus of online dispute resolution in the field of e-commerce, the subject of this category of disputes, as well as the person composition of their dispute resolution, including the relevant specializedorganizations, includingmediationcenters, andaspecializedentitiessuchasInternetombudsmen, e-commerceombudsmen and etc. Special attention is paid to the rules ensuring transparency of information about the functioning of platforms for online dispute resolution, and about the persons administering their activities. The article examines the online dispute resolution procedure, as well as the activities of online dispute resolution platforms and persons administering their activities, including their functional responsibilities. The authors come to the conclusion that at a certain stage of the introduction of digital technologies there is competition between legal norms and regulations and algorithms that mediate the use of these technologies. Unfortunately, both are subject to the threat of corruption. In this regard, a proposal is being formulated regarding the establishment of anti-corruption restrictions and obligations, and a requirements to avoid conflicts of interest with respect to persons administering online dispute resolution platforms.

scholarly journals Konflik Antara Kelompok Abangan dan Santri dalam Novel Kantring Genjer-Genjer Karya Teguh Winarsho As

2020 ◽  
Vol 9 (1) ◽  
pp. 54-61
Author(s):  
Sugiono Sugiono ◽  
Mulyono Mulyono
Keyword(s):  
Qualitative Research ◽  
Intimate Relationships ◽  
Conflicts Of Interest ◽  
Conflict Theory ◽  
Religious Conflict ◽  
The Novel ◽  
Georg Simmel ◽  
Sociology Of Literature ◽  
Literary Works ◽  
Religious Conflicts

Karya sastra merupakan cerminan kehidupan masyarakat. Novel sebagai salah satu karya sastra menampilkan konflik yang merupakan cerminan atas konflik-konflik yang ada di masyarakat. Salah satu konflik dalam novel yang menarik untuk dikaji adalah konflik agama, karena konflik agama masih banyak terjadi di Indonesia. Salah satu yang memuat konflik agama adalah novel Kantring Genjer-genjer karya Teguh Winarsho AS. Penelitian ini merupakan penelitian kualitatif dengan menggunakan pendekatan sosiologi sastra dan teori konflik Georg Simmel untuk menganalisis bentuk konflik dan penyebab konflik antara kelompok abangan dan santri dalam novel. Hasil penelitian menunjukkan bahwa bentuk konflik dan penyebab konflik dalam novel terdiri atas konflik pertandingan antagonistik, konflik hukum, konflik menenai prinsip-prinsip dasar, konflik kepentingan, dan konflik dalam hubungan intim dan akrab. Literary works are a reflection of people's lives. Novel as one of the literary works that displays conflict that are a reflection of conflicts in the society. One of conflict in the novel that is interesting to study is religious conflict, because religious conflicts still occur in Indonesia frequently. One of novel which discuss the religious conflict is Kantring Genjer-genjer novel by Teguh Winarsho AS. This research is a qualitative research using sociology of literature approach and Georg Simmel's conflict theory to analyze the forms and primary causes of conflict between abangan and santri in the novel. Result of the study reveated that the forms and primary causes of conflict are antagonistic, legal conflicts, conflicts regarding principles, conflicts of interest, and conflict in intimate relationships.  

Some problems of applying conciliation procedures in the resolution of corporate disputes complicated by a foreign element

2021 ◽  
Vol 23 (1) ◽  
pp. 56-64
Author(s):  
SERGEY CHEKULAEV ◽  
Keyword(s):  
Problem Solving ◽  
Conflicts Of Interest ◽  
Legal Framework ◽  
International Agreements ◽  
Problem Situation ◽  
National Legislation ◽  
Creative Individual ◽  
Legislative Regulation ◽  
Problematic Issue ◽  
Negative Outcome

The article describes the perspectives for using mediation to resolve corporate disputes complicated by a foreign element, when it is necessary to resolve possible conflicts by reaching consensus between the parties. When using conciliation procedures, one should consider different states of the relevant national legislation and regional international agreements, and also take into account not only the interests and interpretation of the problem situation from the position of the participant – the party to the dispute, but also the legislative regulation based on the current legal framework. One problematic issue in this area is the existence of several legal approaches. Cooperation is often complicated by the likelihood of a negative outcome. Conflicts of interest can lead to unwanted consequences. One of the most effective ways for settling conflicts is the use of conciliation procedures: negotiations, mediation, mediation and judicial conciliation, as well as other procedures that do not contradict the current legislation. In general, mediation is seen as a flexible process that supports the autonomy of the parties, legal and non- legal approaches to problem solving and creative individual solutions. In addition, the issue of choosing conciliation procedure for resolving a dispute can be resolved by participants in corporate relations even before the conflict arises by fixing a mediation clause in the local documents of the organization.

Male genes with nowhere to hide; sexual conflict in haplodiploids

2009 ◽  
Vol 59 (4) ◽  
pp. 403-415 ◽  
Author(s):  
Ken Kraaijeveld
Keyword(s):  
Gene Expression ◽  
Genomic Imprinting ◽  
Sexual Conflict ◽  
Empirical Data ◽  
Conflicts Of Interest ◽  
Conflict Theory ◽  
Male And Female ◽  
Number Of Factors ◽  
Dominance Interactions

AbstractConflicts of interest between male and females over reproduction and gene expression are thought to be widespread among animals. However, most research on sexual conflict focuses on diploid, bisexual organisms. It is not obvious that the role of sexual conflict is the same in diploids as in organisms with different reprodutive systems. Here, I consider the potential for evolutionary change through sexual conflict in haplodiploids. As very little sexual conflict theory has been developed specifically for haplodiploids, I rely on the analogy between haplodiploid reproduction and X-chromosomal inheritance. The main conclusions are that the opportunity for between-locus sexual conflict should be the same for haplodiploids as for diploids, provided that the sexually antagonistic alleles involved are sex-limited from when they first appear. Empirical data testing this hypothesis are almost non-existent. The dynamics of within-locus sexual conflict are likely to differ strongly between haplodiploid and autosomal diploid genes depending on the dominance interactions between male and female alleles. In general, it is expected that this type of conflict will often be resolved in favour of females in haplodiploids. A number of factors, such as genomic imprinting and lack of recombination between male and female genomes may prevent this outcome.

scholarly journals Financing Disputes: Third-Party Funding in Litigation and Arbitration

2019 ◽  
pp. 465
Author(s):  
Rachel Howie ◽  
Geoff Moysa
Keyword(s):  
Ethical Issues ◽  
Conflicts Of Interest ◽  
Legal Framework ◽  
Third Party ◽  
Risk Allocation ◽  
Asset Sales ◽  
Current State ◽  
Legal Fees ◽  
Party Funding ◽  
And Control

Third-party funding is an arrangement where an entity with no prior interest in the merits of a dispute provides funding to a party involved in the dispute. Traditionally, this funding was specifically to assist the party to the dispute by financing its legal fees and costs and could be obtained in a number of ways, such as through insurance or loans from financial institutions. Third-party funding has seen significant growth and an increase in sophistication in recent years, resulting in a departure from this traditional model concurrent with the rise of commercial litigation funders whose entire business is providing non-recourse investment in disputes. This article explores both the changes in models of third-party funding — which can include some or all of: (1) paying for legal fees and disbursements, (2) indemnifying against the risk of an adverse costs order, (3) stepping in to provide security for costs, (4) providing working capital or portfolio funding for bundles of claims, and (5) the rise of institutional third-party financing in Canada. In particular, this article will explore some of the specific applications of third-party funding to the energy industry, including “David and Goliath” claims, claims involving state asset expropriation, and the use of funding as a tool for risk allocation in asset sales. This article will also discuss the development and current state of the legal framework and case law in Canada with respect to third-party funding, along with third-party funding across different contexts and types of disputes. This includes the evolution of the law of maintenance and champerty and a discussion of key legal and ethical issues engaged by third-party funding arrangements including confidentiality, privilege, disclosure, conflicts of interest, and control of the dispute.

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