Content Analysis Tools Applied to the Speech on Economic Growth and Sustainability - Building Materials and the Asbestos Issue

2017 ◽  
Vol 865 ◽  
pp. 667-671 ◽  
Author(s):  
Luiz Antonio Coelho Lopes ◽  
Mara Telles Salles

This work proposes and appreciates the use of content analysis techniques on dilemmas involving economic growth and environmental sustainability. To achieve this purpose, uses the asbestos issue, through the exam of specialists’ communications in a public audience on the Federal Supreme Court, in which the unconstitutionality of the State law that forbids the utilization of this material. The specialists who were called by the Supreme Court are divided between those who admit the possibility of its safe use and the ones who preach its ban and their speeches are studied based on the differences between the different kinds of asbestos, serpentine and amphibole. Additionally, are considered the social costs of its maintenance in terms of health and social security and the costs involved in its substitution in terms of job positions, income and derivative products’ prices. The content analytical techniques proved adequate to the evaluation of speeches and communications between currents with distinct positioning in terms of sustainability and development.

2018 ◽  
Vol 6 (4) ◽  
pp. 139-147
Author(s):  
Elena V. Shulgina

The article discusses the study of the phenomenon of popularity of the modern type of youth leisure, overnight parties (vpiska). The essence of the sexual aggression of adolescents is considered, which has a tendency to increasingly manifest itself within such a pastime, is considered. An overview of the statistical data of the General Procuracy of the Russian Federation, as well as data of judicial statistics of the Judicial Department at the Supreme Court of the Russian Federation in relation to the recorded number of crimes committed on sexual grounds. The author carried out a content analysis of the materials of the social network site devoted to overnight parties, in order to study their role in the expansion of this type of leisure. Possible approaches to solving the acute problem of adolescent sexual aggression are presented.


2018 ◽  
Vol 7 (2) ◽  
pp. 291-315 ◽  
Author(s):  
Ewan McGaughey

Abstract What explains the election of the 45th President of the United States? Many commentators have said that Trump is a fascist. This builds on grave concerns, since Citizens United, that democracy is being corrupted. This article suggests the long term cause, and the shape of ideology is more complex. In 1971, an extraordinary memorandum of Lewis Powell for the U.S. Chamber of Commerce urged that ‘[b]usiness interests’ should ‘press vigorously in all political arenas for support’. Richard Nixon appointed Powell to the Supreme Court, and a few years later, despite powerful dissent, a majority in Buckley v. Valeo held that candidates may spend unlimited funds on their own political campaigns, a decision of which Donald Trump, and others, have taken full advantage. Citizens United compounded the problems, but Buckley v. Valeo was the ‘Trump for President’ case. This provided a platform from which Trump could propel himself into extensive media coverage. The 2016 election was inseparable from the social ideal pursued by a majority of the Supreme Court since 1976. No modern judiciary had engaged in a more sustained assault on democracy and human rights. Properly understood, ‘fascism’ is a contrasting, hybrid political ideology. It mixes liberalism’s dislike of state intervention, social conservatism’s embrace of welfare provision for insiders (not ‘outsiders’), and collectivism’s view that associations are key actors in a class conflict. Although out of control, Trump is closely linked to neo-conservative politics. It is too hostile to insider welfare to be called ‘fascist’. Its political ideology is weaker. If we had to give it a name, the social ideal of Donald Trump is ‘fascism-lite’.


2021 ◽  
pp. 240-243
Author(s):  
Michael J. Rosenfeld

Chapter 18 describes social science research of the 1940s and 1950s that showed how segregation harmed both minority and majority populations and thereby played a role in the landmark Brown v. Board of Education decision of 1954. Between 1896, when the Supreme Court endorsed segregation in Plessy v. Ferguson to 1954, when the Supreme Court rejected segregation, social science had built a consensus about the many harms and costs that racial segregation imposed on Black and on White children. Like school desegregation, marriage equality’s victories in the courts were built on a social science consensus, specifically the social science consensus that children raised by same-sex couples have good outcomes.


Author(s):  
Yseult Marique

Analysing the administrative case law of the Belgian Supreme Court between 1890 and 1910, this chapter shows that the Supreme Court applied the main features of a positivist legal thought (based on the assumption of clarity, coherence, and completeness of the formal law) to administrative action and its legality. It equipped the central and local institutions of the State with functioning powers, allowing an operational state to develop despite social unrest. As the social and technological context changed at the end of the nineteenth century, the statute book became more confused, however. This gave the Supreme Court ample room to interpret the law creatively and pragmatically. The ‘administrative miracle’ in Belgium is that the Supreme Court did not shackle social forces and unbridle the administration so much that the very course it wanted to avert actually happened. This may be down to the creative judicial genius that the Belgian judiciary developed a formal approach whilst deciding pragmatically on the substance of cases.


1986 ◽  
Vol 21 (3-4) ◽  
pp. 358-387 ◽  
Author(s):  
Mordechai Kremnitzer

In recent years a new trend has appeared in decisions of the Supreme Court concerning the interpretation of criminal prohibitions. According to this trend – which will be analysed in the course of this article – a penal statute must be interpreted in the same way as every other statute, there being no rule of restrictive interpretation particular to criminal law. The interpreter must choose that interpretative option which best realizes the objective of the legislation, even when that option is based on the irregular and secondary meaning of the words. The legislative objective is often identified by the Court as the broadest possible defence of the social interest protected by the norm. It is this trend that we wish to discuss, or rather, to criticize.


1958 ◽  
Vol 52 (4) ◽  
pp. 1026-1029 ◽  
Author(s):  
John P. Roche

I want to dissent initially from the rather constricting frame of reference that Schubert has established in his paper. He has every right in the world to set rhetorical snares, but I have no intention of walking into them. If I may summarize, Schubert asserts that he is a spokesman for a radical new direction in the study of public law, claiming that the old ways are moribund. He further urges that we should look with envy at the creative function of the social psychologists who supplied the Supreme Court with the banners it carried in Brown v. Board of Education while we were bumbling around with historical and philosophical trivia. He concludes that instead of wasting our time with talmudic disputations on whether the Supreme Court reached the “right” or the “wrong” decisions in specific cases, we should settle down to build a firm “scientific” foundation for our discipline.Not the least amusing aspect of this indictment is that I find myself billed as the defender of the ancien régime, as the de Maistre of public law. Therefore, for the benetfit of the young and impressionistic, let me break loose from Schubert's rhetorical trap: I too think that much of the research done in public law—and, for that matter, in political science generally—has been trivial.


10.12737/903 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 77-81
Author(s):  
Владимир Сафонов ◽  
Vladimir Safonov

The article reveals the problem of applying the principle of the social state in the practice of the U.S. Supreme Court.


2015 ◽  
pp. 147-165
Author(s):  
Bambang Ariyanto

Law No. 8 of 1985 only recognizes two forms of legal entity for the social organizations i.e. associations and foundations; while pursuant to Law No. 17 of 2013 on Social Organizations, there are four legal entity forms of the social organizations, namely (1) social organizations with legal entity of associations, (2) social organizations with legal entity of foundations, (3) social organizations with legal entity of foreign foundations, and (4) social organizations that are not legal entity. Four forms of the legal entity have different procedures for establishing, requirements, validating. The legal issue is whether the differences of the legal entity will affect the procedures for dissolving the organizations. Through normative research it is found that dissolving the organizations pursuant to Law No. 17 of 2013 is held through the legal procedures. The organizations may be dissolved by a binding court decision. The procedures for dissolving the organizations are also not simple. The first punishment is given as a written warning for three times. If it is ignored, then the punishment could be a suspension of grants, temporary suspension of the activity. The temporary suspension is conducted for 6 months and shall be permitted by the Supreme Court. If a verdict has permanently been published, a status of the legal entity can be revoked. The revocation is held within 30 days.


2020 ◽  
Vol 7 (6) ◽  
pp. 1077-1081
Author(s):  
Parul Yadav ◽  
Komal Vig

Purpose: The research paper has been written in order to analyze the impact of reading down the notorious section of Indian Penal Code, 1860 which being Section 377 which penalized every sexual act other than a heterosexual union even if consensual in the judgment given by the Supreme Court of India in Navjot Singh v. Union of India on the society of India. This paper aims to see its impact on the morality of the Indian community on the known definitions and working of the morality in the social and the legal system. Methodology: In this work classical method of research has been followed which being doctrinal research also, a comparative analysis between the legal text of Section 377 of Indian Penal Code, 1860 and the judgments announced by the Supreme court of India has been undertaken with the proportional qualitative analysis done with moral set up of Indian Society. Main Findings: The analysis conducted on law and social structure of Indian Society by the researchers point out to the fact that after reading down of Section 377, the social set-up of India is resenting the recognition granted to third sex and gender because it disturbs its moral thread which has knitted the social structure known as of now and introduces a third angle in known concepts of sex and sexuality which till now have been relying on parallel tracks of male and female sex/gender. Application: This research piece will aid students in understanding the concept of morality and will demonstrate its effect on the working of the Criminal system of a country. Moreover, it will also give support in understanding the role of biological sex and sexual preferences in shaping law as known today. Novelty/Originality: This research is novel in its attempt of wherein morality has been traced in the criminal legal system of the country which is most prominent in issues related to the sex of the human body and its sexuality.


1984 ◽  
Vol 9 (4) ◽  
pp. 501-515
Author(s):  
Mark S. Smith

AbstractThe Social Security Administration promulgated the medical-vocational guidelines (the grid) in 1978 in order to improve consistency and efficiency in disability claim adjudications. The grid takes administrative notice of the availability of jobs suited to claimants’ capabilities, eliminating the need to make such a determination on a case-by-case basis.In Heckler v. Campbell, the Supreme Court held that the grid is valid and that the Secretary of Health and Human Services cannot be required to give specific examples of jobs available in the national economy. In so doing, the Court reversed the Second Circuit, which had required the Secretary to give claimants examples of jobs suited to their individual characteristics to assure them adequate notice of the issues involved in their hearings.This Case Comment contends that the Supreme Court misperceived the Second Circuit's purpose in requiring the Secretary to provide specific examples of available jobs. Nonetheless, the Comment argues that the Supreme Court decision does not foreclose requiring such examples to assure adequate notice and to aid in resolving adjudicative factual issues. This Comment concludes that such a requirement would improve the efficiency, accuracy and consistency of Social Security disability determinations.


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