Soziale Teilhabe und geförderte Beschäftigung: Deutungshorizonte und Umsetzungsperspektiven des Teilhabechancengesetzes

2020 ◽  
Vol 69 (12) ◽  
pp. 773-795
Author(s):  
Markus Gottwald ◽  
Claudia Globisch ◽  
Peter Kupka ◽  
Philipp Ramos Lobato

Zusammenfassung Im seit Januar 2019 gültigen Teilhabechancengesetz bleibt der Teilhabebegriff im Gesetz wie der Gesetzesbegründung unterbestimmt. Der vorliegende Beitrag geht der Frage nach, welche Akteure des jobcenterexternen Governancekontextes mit welchen Deutungen die lokale Umsetzung des Teilhabechan­cengesetzes rahmen. Dabei lassen sich zwei Interpretationen des zentralen ­Konzepts der sozialen Teilhabe beobachten: Im ersten Fall wird Teilhabe als Integration in den ungeförderten Arbeitsmarkt verstanden, im zweiten werden die Instrumente selbst als Teilhabechance interpretiert. Diese unterschiedlichen Verständnisse haben Einfluss auf die Umsetzungsperspektiven wie die Auswahl der Teilnehmenden, die Akquise von Arbeitgeber*innen, die Freiwilligkeit der Teilnahme und die Umsetzung des Coachings. Darin manifestieren sich arbeitsmarktpolitische respektive sozialpolitische Prioritäten, die nicht aus dem Gesetz, sondern aus übergeordneten Werthorizonten abgeleitet werden. Abstract: Social Participation and Subsidised Employment: Perspectives of Interpretation and Implementation In the Participation Opportunities Act (Teilhabechancengesetz), which has been in force since January 2019, and the explanatory bill, the concept of participation remains underdefined. This article examines which actors in the governance context outside the job centres frame the local implementation of the law and how they interpret it. Two interpretations of the central concept of social participation can be observed: In the first case, participation is understood as integration into unsubsidized employment; in the second, the instruments themselves are seen as participation opportunities. These different understandings influence the implementation perspectives such as the selection of participants, the acquisition of employers, the voluntary nature of participation and the implementation of coaching. They are manifestations of a labour market vis-a-vis a social policy perspective, which are not derived from the law, but from higher value horizons.

Author(s):  
Zhengwang Xu ◽  
Guozhuang Jiang ◽  
Ke Kun ◽  
Yuchun Yi

Background: The output voltage frequency for the previously proposed "phase hopping" AC-AC frequency conversion technology is determined by the law that the number of output voltage cycles is reduced by one relative to the power frequency in a large cycle containing six jumps. According to the law, only a limited number of output frequencies, such as 37.5 Hz, 42.86 Hz and 45 Hz are found. Due to the large spacing between the output frequencies, the "phase hopping" frequency conversion technology is difficult to put into practical use. Methods: In this paper, the law of the output frequency control is generalized so that the number of output cycles in a large cycle is reduced by n relative to the power frequency. The analysis shows that the appropriate selection of large cycles, including the number of power frequency cycles and the value of n, can find more frequencies to be used. Reducing the interval between the output frequencies within 1Hz. Results: The analysis results were verified in simulation by MATLAB, and the harmonics and the feasibility of the actual application were analyzed. Conclusion: Finally, an experimental platform was built and an experimental analysis was carried out. The experimental results show that the theoretical and simulation analyses are correct.


1930 ◽  
Vol 43 (8) ◽  
pp. 1325
Author(s):  
Manley O. Hudson ◽  
Edwin DeWitt Dickinson
Keyword(s):  
The Law ◽  

PEDIATRICS ◽  
1989 ◽  
Vol 83 (3) ◽  
pp. A78-A78
Author(s):  
Student
Keyword(s):  
The Law ◽  

A study of the statistical intuitions of experience research psychologists revealed a lingering belief in what may be called the "law of small numbers," according to which even small samples are highly representative of the populations from which they are drawn. The responses of these investigators reflected the expectation that a valid hypothesis about a population will be represented by a statistically significant result in a sample with little regard for its size. As a consequence researchers put too much faith in the results of small samples and grossly overestimated the replicability of such results. In the actual conduct of research, this bias leads to the selection of samples of inadequate size and to overinterpretation of findings.


2009 ◽  
Vol 22 (1) ◽  
pp. 49-78 ◽  
Author(s):  
Francesco Giglio

Restitution for civil wrongs, also known as restitutionary damages, is a legal response through which the defendant’s wrongful gain is awarded to the claimant. James Edelman has recently advocated two different restitutionary responses for wrongs. One response, termed ‘restitutionary damages’, would aim to compel the wrongdoer to give back to the victim a wrongful gain, whereas the other response, ‘disgorgement damages’, would oblige the wrongdoer to give up a wrongful gain for the benefit of the claimant.In the first case, the claimant would obtain what should have never left his assets. In the second case, the claimant would be the beneficiary of a judicial decision according to which a wrongful gain should not be kept by the wrongdoer. In this essay, I seek to demonstrate that this taxonomy cannot be accepted. I argue that Edelman’s ‘disgorgement damages’ are the only true example of restitution for wrongs, whereas his ’restitutionary damages’ are simply compensatory damages which are quantified in a particular fashion. Edelman’s ‘restitutionary damages’ might appear to deprive the defendant of his gain, and thus to achieve a restitutionary goal. Yet they nullify the victim’s loss and therefore have a compensatory nature. They are ‘pseudo-restitutionary damages’. In opposition to the dual theory, I submit a model of restitutionary damages based upon a single response which is coherent with the tenets of corrective justice. Given that it deals mainly with Edelman’s ‘restitutionary damages’, this article is not so much about restitution for wrongs but rather about compensation, which is what Edelman’s ‘restitutionary damages’ really concerns. The theory which I propose, based upon a single restitutionary response for wrongs, solves the taxonomic incoherence of Edelman’s dual theory. It also reflects the law as we find it, being supportable by reference to the available judicial authorities.


Medicinus ◽  
2020 ◽  
Vol 7 (6) ◽  
pp. 199
Author(s):  
Andry Irawan ◽  
Clinton Clinton ◽  
Sutanto D ◽  
Agustina F

<p><strong>Introduction</strong><strong>:</strong> Pancreatic injury is a rare case, caused by blunt or sharp trauma. Difficulty in making diagnose on pancreatic trauma cases are associated with high mortality, and the treatment can be either operative or conservatively. However, It is still unclear which treatment is more favorable.</p><p><strong>Case:</strong> We present 2 cases of Grade III pancreatic injury with stable hemodynamic who suffered bicycle accident. First case, 12-year-old boy complaining severe pain on the upper left abdomen (VAS 9-10) and get worsening by time, with vomiting. The patient underwent distal Pancreatectomy-Splenectomy. Second case, 8-year-old boy complaining of pain on the upper left abdomen (VAS 6-7) without extension on whole abdominal region with vomiting and fever. The patient was treated conservatively. In both cases, patient was discharged with improvement. However, about 3 months later patients who were treated conservatively developed into a pseudocyst.</p><p><strong>Conclusion:</strong> The selection of management in grade III pancreatic injury can be operative or conservative depending on clinical findings such as hemodynamic condition and the quality of abdominal pain. But the occurrence of pseudocysts pancreas is another surgical challenge.</p>


2021 ◽  
Vol 11 ◽  
pp. 7-16
Author(s):  
Marek Ruszkowski

The article presents, through a selection of examples, some relations between the simplicity of language elements and their economic use. In linguistic studies, economic use is usually understood too narrowly and is limited to the removal of exceptions and irregular constructions and the use of shorter forms. Also, simplicity of linguistic expressions is sometimes perceived too superficially. Factors such as simplicity of articulation, euphony or the pursuit of accuracy in terms of information being conveyed (semantic simplicity) are not always taken into account. Too hastily, economic use is identified with simplicity of expression. It can be done in some situations, yet not always. The law of linguistic economy (the use of shorter forms and structures) often gives way to a tendency for simplicity (the use of forms that are easier to apply). It is necessary to distinguish the simplicity and economic use of the broadcaster from the simplicity and economics of the recipient. What is simple and economic for the sender does not necessarily have to be simple and economic for the addressee. Considerations on economic use and simplicity of linguistic measures take too little account of the contribution of different factors: the language style; the function a text is expected to have; the intentions of the sender; the addressee to whom a text is addressed; the communication situation, etc.


Author(s):  
Stacy Moreland

This article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court2 (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.


2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Оksana Rusova ◽  
◽  
Olga Samoilova ◽  

This article focuses on the problematic issues that arise in the process of appointing a forensic handwriting examination, where the object of study are manuscripts performed in a state of intoxication. The reliability of the conclusions will largely depend on the correct quality and sufficient quantity of comparative material. This will be possible if the initiator of the study, after careful consideration of their work, qualitatively selects comparative material for the study. The purpose of this article is to further improve the purpose of forensic handwriting examination, the object of which is the study of manuscripts made in a state of intoxication, as well as to provide practical recommendations that will allow the initiators of the study to correctly select comparative material. Of particular importance in the conduct of forensic handwriting diagnostic examinations are information from the case file relating to the subject of examination, ie in the resolution, decision or statement must be indicated: first, it is information about the person - the actual or intended executor of the manuscript; second, essential information relating to the situation, the situation in which the manuscript in question was presumably performed, and in connection with it, the possible psychological attitude or emotional state of the person writing. When the initiator of the study informs the expert of the necessary information, he should not be afraid to "impose" a certain version, because the method of expert research is based on checking all the most likely alternatives (versions and counter version) and making decisions based only on objective data. Regarding the selection of comparative material provided for research in establishing whether a person was intoxicated, there are some peculiarities in the selection of experimental samples, because we cannot bring a person in such a state to take the necessary samples because the law prohibits harm to health, humiliation and infliction of moral suffering. They can be obtained without violating the law, by changing the condition, namely, you need to dictate the text at an extremely fast pace. The expert may also make a request, although the initiator of the study provided comparative material such as free, conditionally free and experimental samples, because there may be concomitant factors that the initiator did not take into account when selecting, such as experimental samples. The expert's request should be treated responsibly because the quality of the expert's opinion may depend on how well it is executed.


1919 ◽  
Author(s):  
James Barr Ames ◽  
Jeremiah Smith ◽  
Roscoe Pound
Keyword(s):  
The Law ◽  

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