scholarly journals Zjawisko multicentryczności systemu prawa z perspektywy koncepcji integracyjnej

2015 ◽  
pp. 101-122
Author(s):  
Artur Kotowski

The paper presents the theory of legal system polycentricism from a new perspective, i.e. the one integrating essentially contradictory concepts which explain this phenomenon in the context of the Polish jurisprudence. Apart from attempting to establish “common features” of these well-known concepts explaining the essence of polycentricism in the legal field, the presented point of view pertains to defining the relationship between the phenomenon of polycentricism from the legal discourse theory perspective and the Luhmann’s systems theory. The paper aims to prove the thesis that at present the legal system is internally taking on (transforming into) the heterogeneous type of internal structure due to interaction with already polycentric non-juristic domain, i.e. the social one.

2020 ◽  
Vol 136 (2) ◽  
pp. 538-566
Author(s):  
Sandra Issel-Dombert

AbstractFrom a theoretical and empirical linguistic point of view, this paper emphasizes the importance of the relationship between populism and the media. The aim of this article is to explore the language use of the Spanish right wing populism party Vox on the basis of its multimodal postings on the social network Instagram. For the analysis of their Instagram account, a suitable multimodal discourse analysis (MDA) provides a variety of methods and allows a theoretical integration into constructivism. A hashtag-analysis reveals that Vox’s ideology consists of a nativist and ethnocentric nationalism on the one hand and conservatism on the other. With a topos analysis, the linguistic realisations of these core elements are illustrated with two case studies.


1990 ◽  
Vol 24 (3-4) ◽  
pp. 507-524 ◽  
Author(s):  
Brahyahu Lifshitz

Jewish law is an independent legal system embracing most of the subjects to be found in any system of positive law. The hopes and efforts of many people notwithstanding, Israeli law is not identical to Jewish law, nor does it constitute one of its branches. The generally accepted view is that Jewish law is not influenced, nor affected in any way, by the acts of the Israeli legislature or judiciary. There is, however, little doubt that to a certain extent, Israeli law is influenced by Jewish law. It is therefore a legitimate exercise to discuss the nature of the relationship between the two systems from the point of view of Israeli law. We may also comment upon the amount of satisfaction or disappointment which may legitimately be felt, on the one hand, by those in favour of reinforcing the relationship between the two systems and making it stronger and more active and, on the other, by those opposed to such a relationship. It should also be observed that the interrelationship between Israeli and Jewish law is not only to be perceived from the standpoint of pure law. Any discussion of this question involves issues of a political, religious and social nature; a study focussing on the bare legal facts alone would provide a necessarily distorted picture.


2018 ◽  
pp. 13-38
Author(s):  
N. Ceramella

The article considers two versions of D. H. Lawrence’s essay The Theatre: the one which appeared in the English Review in September 1913 and the other one which Lawrence published in his first travel book Twilight in Italy (1916). The latter, considerably revised and expanded, contains a number of new observations and gives a more detailed account of Lawrence’s ideas.Lawrence brings to life the atmosphere inside and outside the theatre in Gargnano, presenting vividly the social structure of this small northern Italian town. He depicts the theatre as a multi-storey stage, combining the interpretation of the plays by Shakespeare, D’Annunzio and Ibsen with psychological portraits of the actors and a presentation of the spectators and their responses to the plays as distinct social groups.Lawrence’s views on the theatre are contextualised by his insights into cinema and its growing popularity.What makes this research original is the fact that it offers a new perspective, aiming to illustrate the social situation inside and outside the theatre whichLawrenceobserved. The author uses the material that has never been published or discussed before such as the handwritten lists of box-holders in Gargnano Theatre, which was offered to Lawrence and his wife Frieda by Mr. Pietro Comboni, and the photographs of the box-panels that decorated the theatre inLawrence’s time.


Dreyfus argues that there is a basic methodological difference between the natural sciences and the social sciences, a difference that derives from the different goals and practices of each. He goes on to argue that being a realist about natural entities is compatible with pluralism or, as he calls it, “plural realism.” If intelligibility is always grounded in our practices, Dreyfus points out, then there is no point of view from which one can ask about or provide an answer to the one true nature of ultimate reality. But that is consistent with believing that the natural sciences can still reveal the way the world is independent of our theories and practices.


2009 ◽  
pp. 93-112
Author(s):  
Emanuela Confalonieri ◽  
Cristina Giuliani ◽  
Alessandra Bongiana ◽  
Paola Pavesi

- The present study, related to the one published some years ago (Confalonieri et al., 2004), is an investigation on forced prostitution and the related violence's types in immigrant women involved in streetwalking prostitution. Using the social records available by the Ufficio Stranieri (Comune di Milano), the purpose is to identify the presence of 1) childhood maltreatments or violence before the entry in sex exploitation market and 2) subsequent adult sexual revictimization from partners, pimps and clients. Data were analysed using phenomenological descriptive analysis. The relationship between childhood maltreatment and abuse and subsequent involvement in sex work is discussed comparing data and life histories of immigrant prostitutes coming from Nigeria and East Europe. The role played by social and contexual variables in sexual exploitation story are also considered.Key words: immigration, violence, prostitution, infancy, adulthood.Parole chiave: immigrazione, violenza, prostituzione, infanzia, etŕ adulta.


Author(s):  
Marco BRANCUCCI

"Learning about freedom as freedom to make right choices responsibly is the pivotal task of educational intervention (Chionna 2001). As a practitioner of juvenile penitentiary re-education I experiment it, trying to re-educate young offenders in a prison, where the “capability approach” should be invoked (Sen 2011) and, according to the relational ethics paradigm (Muschitiello, 2012), we teach the young the capacity/ability of choice between alternative life experiences, which should be inspired and embodied by the educational authority of the adults. As agency is a constitutive element of a capability, I wonder: who is the agent? The one who re-educates an inmate? Or the inmate himself? Who should be more efficient and responsible to act in prison? Is it all about specific required competencies that are influenced by the context where penitentiary personnel and inmates act/react reciprocally? Penitentiary educators should adjust their approach, improving their language-as-dialogue tools first, just because the relationship with inmates is based on a dialogic axis. No exception can be made for cultural and linguistic mediators, who are involved in the treatment of foreign inmates (Brancucci 2018). So, I investigate the agency level of penitentiary educators and cultural/linguistic mediators, working together synergistically and/or autonomously. They try to respond to different scenarios, recognizing there is no one-size -fits-all approach to managing cases of re-educational emergencies, and assuming that educational interventions recall a daily presence in the context (Bertolini 1993), especially in prison where people ‘live’ in close proximity (WHO, 2020). But, how to achieve agency when this proximity fades away, or is temporarily interrupted, even turning into a virtual telematic educational approach? The challenge is to transform the consolidated educational-linguistic-dialogic practices into a new bidirectional way to think, act/react (from prison personnel towards inmates and vice-versa), because of the social distance required by the COVID-19 breakthrough."


2020 ◽  
Vol 19 (4) ◽  
pp. 382-402
Author(s):  
Hallvard Sandven

This article argues for a systemic conception of freedom as non-domination. It does so by engaging with the debate on the so-called coalition problem. The coalition problem arises because non-domination holds that groups can be agents of (dominating) power, while also insisting that freedom be robust. Consequently, it seems to entail that everyone is in a constant state of domination at the hands of potential groups. However, the problem can be dissolved by rejecting a ‘strict possibility’ standard for interpreting non-domination’s robustness requirement. Frank Lovett and Philip Pettit propose to restrict the relevant domain of possible worlds by reference to two epistemic conditions pertaining to potential group members. I argue that this strategy unduly limits non-domination’s critical potential. I then argue that a suitably systemic conception of domination avoids this problem. By placing explanatory emphasis on social institutions, and how these bear on the feasibility of individual and collective action, a systemic conception of non-domination avoids the coalition problem in a way that retains its critical potential. The article clarifies the relationship between the rule of law and the social norms and objects to the claim that non-domination is bound to deem the latter irrelevant from the point of view of freedom.


2000 ◽  
Vol 56 (1) ◽  
Author(s):  
P. A. Geyser

Why Jesus studies? Present-day historical Jesus studies are the epistemological product of what has become known as the New Historicism. The aim of the article is to emphasize two aspects of the New Historicism as epistemological approach. The one aspect focuses on the profitability of this endeavour and the other on the historical nature of the New Historicism. As far as profitability is concerned, the social standing and identity of the researcher are emphasized. Among otherthings, the social interests of the researcher are taken into account. Concerning the historical nature of this kind of research, a distinction is drawn between the Jesus of history and the Jesus of faith. The aim of the article is to gain clarity on the relationship between the Jesus of history (pre-Easter) and the Jesus of faith (post-Easter). J D Crossan's exposition of the reasons for Jesus studies is followed. He distinguishes three reasons: historical, ethical and theological.


2018 ◽  
Vol 15 (1) ◽  
pp. 18 ◽  
Author(s):  
Yuri Andrea Arango-Bernal

Objetivo: analizar los significados que construyen las madres de personas en condición de hemofilia, sobre ser portadoras de la enfermedad. Materiales y Métodos: Estudio cualitativo con enfoque del interaccionismo simbólico que, a través de una etnografía particularista y el uso de entrevistas semiestructuradas, observaciones y revisión documental, rescató el punto de vista de 17 madres pertenecientes a la Liga Antioqueña de Hemofílicos que participaron de manera voluntaria y residen en diferentes municipios del departamento de Antioquia. Resultados: Las participantes se reconocen a sí mismas como seres potenciales, es decir, no sólo como trasmisoras o cuidadoras de la enfermedad de sus hijos, sino como sujetos cognoscentes de su realidad dispuestas a reflexionar sobre sus aprendizajes e incorporarlos a favor de la relación consigo mismas y con los demás. Los significados más relevantes son: empezar a vivir con hemofilia, asumir la enfermedad, la familia, el cuidado y la crianza, la relación con los servicios de salud, caminando con algo que no se puede desprender y darse cuenta. Conclusiones: La salud colectiva es la posibilidad de tener un acercamiento más comprensivo al proceso salud – enfermedad – atención de los colectivos humanos, tomando en cuenta las condiciones económicas, sociales y culturales en las que estos se inscriben. La pregunta por los significados de estas madres develó el tejido de lo individual y lo colectivo, como un asunto que trasciende el plano biológico de la enfermedad y da cuenta de la construcción social en la que confluyen prácticas, saberes, imaginarios y sentimientos.Palabras Clave: Cuidadores, enfermedad crónica, hemofilia A, madresSignifi cance of being a hemophilia carrierAbstractObjective: Analyzing the meanings that mothers of people with hemophilia, build about being carriers of the disease. Materials and methods: Study based on the qualitative method supported by the approach of symbolic interaction, which through a particularistic ethnography, and the use of semi-structured interviews, observations and document review, rescued the point of view of 17 mothers belonging to the Liga Antioqueña de Hemofílicos. They participated voluntarily and reside in different municipalities of Antioquia. Results: The participants recognize themselves as potential beings, that is, not only as disseminators or carers of the illness of their children, but as cognocentes subject of their reality willing to reflect on their learning and incorporate them in favor of the relationship with herself and others. The most important meanings are: start living with hemophilia, assuming the disease, the family, the care and upbringing, relationships with health services, walking with something that can not be detached and realize. Conclusions: Collective health is the ability to have a more comprehensive approach to process health - disease - care of human groups, taking into account the economic, social and cultural conditions in which they are registered. The question of the meaning of these mothers, unveiled the tissue of the individual and the collective, as a matter that transcends the biological level of the disease and accounts for the social construction that blends practices, knowledge, imaginary and feelings.Key Words: Hemophilia A, chronic disease, mothers, caregivers. Significado de ser portadora de hemofiliaResumo                                   Objetivo: Analisar os significados construídos pelas mães de pessoas com hemofilia, sobre ser portadores da doença. Materiais e Métodos: Estudo qualitativo com foco no interacionismo simbólico, que, através de uma etnografia individualista e o uso de entrevistas semi-estruturadas, observações e revisão documental, resgatou o ponto de vista de 17 mães pertencentes à Liga Antioquia de Hemófilos que participaram voluntariamente e residem em diferentes municípios do departamento de Antioquia. Resultados: Os participantes se reconhecem como seres potenciais, ou seja, não apenas como transmissores ou cuidadores da doença de seus filhos, mas como sujeitos cognitivos de sua realidade que estão dispostos a refletir sobre sua aprendizagem e a incorporá-los em favor do relacionamento com eles mesmos e com os outros. Os significados mais relevantes são: começar a viver com hemofilia, assumir a doença, família, cuidados e educação, relacionar-se com os serviços de saúde, caminhar com algo que você não pode separar e perceber. Conclusões: A saúde coletiva é a possibilidade de ter uma abordagem mais abrangente para o processo saúde-doença-cuidado de grupos humanos, levando em consideração as condições econômicas, sociais e culturais nas quais estão registradas. A questão dos significados dessas mães revela o tecido do indivíduo e o coletivo como um problema que transcende o plano biológico da doença e explica a construção social em que as práticas, o conhecimento, o imaginário e os sentimentos convergem.Palavras-Chave: Cuidadores, doenças crônicas, hemofilia A, mães  


2020 ◽  
Vol 16 (1) ◽  
pp. 27-42
Author(s):  
D. V. Mukhetdinov

This paper focuses on the analysis of the Islamic thinker Kh. A. ElFadl’s political and legal conception. This conception assesses the potential of the Islamic tradition for the legitimization of democracy. We indicates that El-Fadl’s concept is not another ‘Islamic democracy’ project, but an analysis of the relationship between democratic ethos and Islamic political values. It is demonstrated that an adequate understanding of this relationship requires a comprehension of Qur’anic anthropology — the idea of human call, in particular. The logical transition from acceptance of God’s sovereignty and the status of man as His earthly governor (a successive authority’) to the inadmissibility of usurpation of power is considered reasonable. The article proves that El-Fadl allows historical variability of the forms of checks and balances that impede usurpation of power. Therefore, he emphasizes precisely the democratic ethos, and not a particular political theory or a specific political regime. The irregularity of the monopolization of a democratic ethos by the Western culture, on the one hand, and the monopolization of Shari‘a by Islamists, on the other, is thoroughly noted. In the conclusion the author outlines a general understanding of the nature of Shari‘a and the Shari‘ah foundations of political practice in the concept of El-Fadl.


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