scholarly journals LEGAL AXIOMS: APPROACHES TO UNDERSTANDING

2020 ◽  
Vol 1 (9) ◽  
pp. 8-12
Author(s):  
Inna Zelenko ◽  

The article reflects the diversity of views on the concept of "legal axiom". It is clarified that there are lawyers who deny the existence of the concept of "axiom" in law. It is presented that some scholars identify legal axioms with legal customs in terms of content, formulation and existence, as well as methods of provision. It is revealed that legal axioms have common features and differences with legal presumptions. It is emphasized that the legal presumption and legal axiom are understood as true without evidence. It is considered that the difference between a legal presumption and a legal axiom lies in the difference of circumstances: they allow to consider them plausible; possibilities (impossibilities) of refutation; significance, content and form It is demonstrated that there are several approaches to the relationship of legal axioms with the principles of law. It has been found that the first group of scholars identify the principles of law and axioms. Attention is drawn to the fact that the second group of scholars notes that axioms are prerequisites for the principles of law. It is presented that the representatives of the third group distinguish between the concepts of principles of law and legal axioms. It has been shown that the complex interrelationships of principles and axioms are reflected in their dialectical unity, their ability to pass from one to another, and the disclosure of one phenomenon through another. It is noted that axioms are subject to change, so axioms and presumptions are closely interrelated and under certain conditions can replace each other. The definition of legal axioms has been further considered. Legal axioms are a multifaceted complex phenomenon of legal reality related to law, legal awareness and legal science. regularities, properties of special legal principles of law and serve to simplify legal regulation.

Author(s):  
Michal Varmus ◽  
Josef Vodák ◽  
Patrik Ferenc

The paper analyses the websites of sports teams of most popular Slovak sports. For assessment were established 13 parameters. The evaluation focused on the relationship of the club through the website with fans, sponsors and youth. The results of this analysis shows the shortcomings and common features various clubs, in view of the approach to addressing the issue. This article also shows the difference between the clubs and their approach with regard to the sports sector in which they operate.   Keywords: Web site; Critical Success; Factors; Sport; Marketing  


2013 ◽  
Vol 168 (3) ◽  
pp. 393-401 ◽  
Author(s):  
Christa C van Bunderen ◽  
Mirjam M Oosterwerff ◽  
Natasja M van Schoor ◽  
Dorly J H Deeg ◽  
Paul Lips ◽  
...  

ObjectiveHigh as well as low levels of IGF1 have been associated with cardiovascular diseases (CVD). The relationship of IGF1 with (components of) the metabolic syndrome could help to clarify this controversy. The aims of this study were: i) to investigate the association of IGF1 concentration with prevalent (components of) the metabolic syndrome; and ii) to examine the role of (components of) the metabolic syndrome in the relationship between IGF1 and incident CVD during 11 years of follow-up.MethodsData were used from the Longitudinal Aging Study Amsterdam, a cohort study in a representative sample of the Dutch older population (≥65 years). Data were available in 1258 subjects. Metabolic syndrome was determined using the definition of the US National Cholesterol Education Program Adult Treatment Panel III. CVD were ascertained by self-reports and mortality data.ResultsLevels of IGF1 in the fourth quintile were associated with prevalent metabolic syndrome compared with the lowest quintile (odds ratio: 1.59, 95% confidence interval (CI) 1.09–2.33). The middle up to the highest quintile of IGF1 was positively associated with high triglycerides in women. Metabolic syndrome was not a mediator in the U-shaped relationship of IGF1 with CVD. Both subjects without the metabolic syndrome and low IGF1 levels (hazard ratio (HR) 1.75, 95% CI 1.12–2.71) and subjects with the metabolic syndrome and high IGF1 levels (HR 2.28, 95% CI 1.21–4.28) demonstrated increased risks of CVD.ConclusionsIn older people, high-normal IGF1 levels are associated with prevalent metabolic syndrome and high triglycerides. Furthermore, this study suggests the presence of different pathomechanisms for both low and high IGF1 levels and incident CVD.


2021 ◽  
Vol 31 (2) ◽  
pp. 307-321
Author(s):  
Luke O’Sullivan ◽  

The concept of civilisation is a controversial one because it is unavoidably normative in its implications. Its historical associations with the effort of Western imperialism to impose substantive conditions of life have made it difficult for contemporary liberalism to find a definition of “civilization” that can be reconciled with progressive discourse that seeks to avoid exclusions of various kinds. But because we lack a way of identifying what is peculiar to the relationship of civilisation that avoids the problem of domination, it has tended to be conflated with other ideas. Taking Samuel Huntington's idea of a “Clash of Civilisations” as a starting point, this article argues that we suffer from a widespread confusion of civilisation with “culture,” and that we also confuse it with other ideas including modernity and technological development. Drawing on Thomas Hobbes, the essay proposes an alternative definition of civilisation as the existence of limits on how we may treat others.


2021 ◽  
Vol 6 ◽  
pp. 39-44
Author(s):  
I. G. Zhabinsky ◽  

The article raises the question of differentiating the legal regulation of legal relations arising from a pledge, depending on the object of the pledge. Of course, the pledge as a way of securing the fulfillment of obligations is characterized by common features and general approaches to regulation, regardless of the object, at the same time, the features of individual objects require the specification of the relevant rules. The ongoing debate in science regarding the ratio of objects of civil rights, as well as the lack of unity on the issue of the ratio of individual objects, gives rise to a discussion regarding certain types of collateral, classified depending on the object. The author pays special attention to the pledge of property rights and proposes an approach on the relationship between certain types of property rights, in particular, rights of obligation, rights of participants in legal entities and exclusive rights to the results of intellectual activity.


1974 ◽  
Vol 11 (04) ◽  
pp. 383-392
Author(s):  
David R. Pedrick

The difference in the effects of rough water on similar sailing yachts has been one of the intriguing puzzles that sailors, designers, and researchers have long tried to understand. It is not uncommon for two yachts of equal performance in smooth-sea conditions to have their speed or pointing ability reduced by different amounts when encountering waves. To investigate the causes of such behavior, it is important to have a rational procedure to analyze how changes in hull form, weight distribution, rig, and other design features affect the speed and motions of sailing yachts. This paper discusses the relationship of wind to rough water and of motions and added resistance to wave length and height. It then describes a procedure to predict motions, sailing speed, and speed-made-good to windward in realistic windward sailing conditions. The procedure utilizes results of heeled and yawed model tests of 12-metre yachts in oblique regular waves to predict performance in a Pierson-Moskowitz sea state corresponding closely to the equilibrium true wind speed.


2021 ◽  
Vol 10 (1) ◽  
pp. 1-12
Author(s):  
Noviana Norrohmat ◽  
Umar Nimran ◽  
Kusdi Raharjo ◽  
Hamidah Nayati Utami ◽  
Endang Siti Astuti

The purpose of this research is to determine the organizational support for professionalism that has never been done before. The research approach is to conceptualize the structure of the relationship of variables from a study. Verification research is to test the hypothesis through data collection in the field using two methods, namely descriptive survey and explanatory survey. The use of both methods aims to analyze the causality relationship between research variables in accordance with the hypothesis quantitatively. There is significant influence between the variables of organizational support to professional variables. However, different results are found on the influence of organizational support variables on OCB and performance that have no significant effect. There is also an indirect influence between organizational support variables on OCB and performance through intermediary intervening professionalism variables. The difference between this research and the previous research are the use of constructs and the measurement in the unit of analysis being used.


Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.


2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.


2011 ◽  
Vol 48 (1) ◽  
Author(s):  
Dina Ribbink ◽  
Christian Hofer ◽  
Martin Dresner

An investigation is conducted on the effect of financial distress on customer service levels in the U.S. airline industry. Using data from the first quarter of 1998 to the third quarter of 2006, we employ a seemingly unrelated regressions (SUR) model to analyze the impact of financial distress on three measures of customer service. We find that higher financial distress is associated with better on-time performance of airlines and fewer lost bags. The relationship of airline financial distress to the number of bumped customers, however, is insignificant.


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