scholarly journals IL DIRITTO SOCIETARIO TRA DIRITTO COMPARATO E DIRITTO STRANIERO

2013 ◽  
Author(s):  
Giuseppe B. Portale
Keyword(s):  
Comparative Law ◽  
Corporate Law ◽  
Private Company ◽  
General Role ◽  
Foreign Law ◽  
Specific Regulation ◽  
The One ◽  
Substantive Law ◽  
Theoretical Foundations

The article tackles the issues related to the use of comparative law a source of substantive law in a specific legal system, with specific regard to corporate law. Expanding on previous studies on the general role of comparative law in the framework of sources of law (§ 1), the study argues that the comparative argument may be used to regulate purely domestic cases and as well as a play a crucial role in interpreting internal laws (§§ 1.1, 1.2) and analyzes the theoretical foundations of such process (§ 1.3) as well as the problems caused by the application of foreign law by a domestic judge (§ 2). Subsequently, two examples of such usage of the comparative legal argument are provided, drawn from the Italian corporate law experience (§ 3): on the one hand, the introduction of a specific regulation of a simplified private company (società a responsabilità limitata semplificata), representing a circulation of German (Unternehmergesellschaft- UG) and Belgian (société privée a responsabilité limitée starter) models (§ 3.1); on the other hand, the use of comparative law by in the interpretation of the organization structure in the Italian dualistic system (§ 3.2).

Religion and Constitutional Practices in Asia: Five ‘Cs’ for Reflection

2018 ◽  
Vol 13 (2) ◽  
pp. 219-225
Author(s):  
Arif A JAMAL
Keyword(s):  
Case Studies ◽  
Comparative Law ◽  
The Other ◽  
Special Issue ◽  
Other Hand ◽  
Short Commentary ◽  
Five Cs ◽  
The One ◽  
The Individual

AbstractIn considering the articles in this Special Issue, I am struck by the importance of a set of factors that, in my view, both run through the articles like a leitmotif, as well as shape the major ‘take away’ lesson(s) from the articles. In this short commentary, I elaborate on these factors and the lesson(s) to take from them through five ‘Cs’: context; complexity; contestation; the framework of constitutions; and the role of comparative law. The first three ‘Cs’ are lessons from the case studies of the articles themselves, while the second two ‘Cs’ are offered as lessons to help take the dialogue forward. Fundamentally, these five ‘Cs’ highlight the importance of the articles in this Special Issue and the conference from which they emerged on the one hand, while on the other hand, also making us aware of what are the limits of what we should conclude from the individual articles. In other words, taken together, the five ‘Cs’ are, one might say, lessons about lessons.

scholarly journals Areas for Reforming and Complementing the Family and School Interaction

2020 ◽  
Vol 12 (1) ◽  
pp. 1-9
Author(s):  
Jamileh Alamolhoda
Keyword(s):  
Family Education ◽  
Educational Goals ◽  
Academic Education ◽  
Educational Role ◽  
The Family ◽  
Iranian Family ◽  
The One ◽  
Theoretical Foundations ◽  
School Curricula

Background: The Family and School Interaction (FSI) is undoubtedly very effective in promoting the education of children in a society, but this interaction requires the adoption of educational goals as well as frameworks that can produce the best educational outcomes. The educational goals and frameworks, on the one hand, depend on the theoretical foundations and our view of the educational role and position of the family and its relation to that of the school, and on the other hand the environmental conditions and opportunities or challenges for the FSI. Aim: The overall purpose of the present study is to explore the areas and ways of reforming and complementing the FSI. Methods: The study is a qualitative research relying on analyzing the views of Iranian family and education experts. The areas under consideration for reforming and complementing the FSI are the school curricula, and the study examines the role of the family in the most important elements of a curriculum, namely objectives, content, method and evaluation. Results: The results show that most scholars, professionals, principals, and teachers consider the educational role of the family and its contribution to school education, but their beliefs about this role and its status in relation to that of the school are still unclear. They have often become accustomed to giving the less importance to the family and the most important to the school, and the curricula are often formulated without considering the views and expectations of the family and without parental involvement. Conclusion: The consideration of the real role of the family and its lasting effects have important implications, including reforming the family education programs, reforming the academic education and in-service teacher trainings, modifying the FSI models, rationalizing the family interventions in school affairs, as well as enhancing the students’ self-esteem and their sense of belonging to school.

scholarly journals Turning the Curriculum Upside Down: Comparative Law as an Educational Tool for Constructing the Pluralistic Legal Mind

2009 ◽  
Vol 10 (6-7) ◽  
pp. 913-926 ◽  
Author(s):  
Jaakko Husa
Keyword(s):  
Human Rights ◽  
Teaching And Learning ◽  
Traditional Approach ◽  
Comparative Law ◽  
European Convention ◽  
Educational Tool ◽  
Central System ◽  
Standard Curriculum ◽  
Foreign Law ◽  
Substantive Law

As is well known, comparative law enters the curriculum normally only after some substantive law has been learned. The traditional approach first takes the law student's national legal system, with the comparison or foreign law element only coming later as a form of supplement to the standard curriculum. This paper offers some thoughts concerning the teaching and learning of law in a world in which pluralistic and/or transnational elements are commonplace. These plural features stem from the declining authority of the nation state as well as from the strengthening of various forms of sub-national law being in tension with the central system of the state. These developments also include growth of supranational or transnational legal regimes (e.g. EU). The growth of the significance of human rights, especially the considerable growth of the system of the European Convention on Human Rights, has caused national and international legal spheres to overlap. This paper is based on a belief according to which future legal education ought to respond more seriously to the globalisation of law. However, the argument here is preliminary and it offers merely a sketch of essential features with scarce details i.e. this paper is of a somewhat rough design. The theme itself, i.e. transnational law and its effects, is most certainly somewhat fashionable these days.

The Role of Religious Experiences and Religious Institutions: Comparing Peter L. Berger’s and Hans Joas’ Approach to Religion

2021 ◽  
pp. 1-21
Author(s):  
Isaak Deman
Keyword(s):  
Human Person ◽  
Sociology Of Religion ◽  
Point Of View ◽  
Religious Institutions ◽  
Religious Experiences ◽  
Similar Path ◽  
The One ◽  
Definition Of ◽  
Theoretical Foundations

Abstract Hans Joas (born 1948) has repeatedly criticized Peter L. Berger (1929–2017) for placing religious experiences in the cognitive realm, where it runs the risk of being “contaminated” by secularization and pluralism. Instead, Joas has proposed to locate religious experiences in the “deeper layers” of the human person, where it is protected against mere cognitive reductionism and against contamination by secularization and pluralism. Despite his critique, Joas follows a similar path of Berger, as he explains the phenomenon of religion from an inductive point of view that originates in the experiential realm. This article demonstrates how Joas’ approach operates on a similar methodology like the one of Berger and ultimately results in similar theoretical conclusions despite their differing theoretical foundations. Moreover, this article illuminates an implicit methodological similarity between Joas and Berger that, on the one hand, differs from one of the taken-for-granted methodologies in the discipline of sociology (of religion), and, on the other hand, strongly influences the disposition of religious institutions in their definition of religion.

scholarly journals THEORETICAL BASIS OF FORMATION OF FUTURE TEACHERS’ READINESS TO CREATE THE HIGHER EDUCATION INSTITUTION IMAGE

2020 ◽  
pp. 157-166
Author(s):  
Mykola Lokhonya ◽  
Keyword(s):  
Higher Education ◽  
Education Institution ◽  
Educational Services ◽  
Future Teachers ◽  
Demographic Situation ◽  
The One ◽  
Spiritual Potential ◽  
Market Relations ◽  
Theoretical Foundations

Education is an integral part of the life of society, on the development of which the intellectual and spiritual potential of the country depends. With penetration of market relations into the educational sphere, globalization of educational services, on the one hand, and the peculiarities of the demographic situation in our country, on the other, the role of marketing and PR technologies in shaping the image of higher education institutions is difficult to overestimate. Thus, the theoretical foundations of formation of the readiness of future teachers for creating the image of the education institution not only enhances the importance of an individual university, but also influences formation of the image of education as a whole.

scholarly journals Wither International Law? Security Certificates, the Supreme Court, and the Rights of Non-Citizens in Canada

Refuge ◽  
2010 ◽  
Vol 26 (1) ◽  
pp. 172-186
Author(s):  
Graham Hudson
Keyword(s):  
Human Rights ◽  
National Security ◽  
International Law ◽  
International Human Rights ◽  
International Context ◽  
Foreign Law ◽  
The Supreme Court ◽  
International Human ◽  
The One

In this paper, the author examines the role of international law on the development of Canada’s security certificate regime. On the one hand, international law has had a perceptible impact on judicial reasoning, contributing to judges’ increased willingness to recognize the rights of non-citizens named in certificates and to envision better ways of balancing national security and human rights. On the other hand, the judiciary’s attitudes towards international law as non-binding sources of insight akin to foreign law has reinforced disparities in levels of rights afforded by the Canadian Charter of Rights and Freedoms and those afforded by international human rights. Viewed skeptically, one might argue that the judiciary’s selective result-oriented use of international law and foreign law helped it spread a veneer of legality over an otherwise unaltered and discriminatory certificate regime. Reviewing Charkaoui I and II in international context, the author suggests an alternative account. He suggests that the judiciary’s use of international law and foreign law, although highly ambiguous and ambivalent, both was principled and has progressively brought named persons’ Charter rights more closely in step with their international human rights. Although the current balance between national security and human rights is imperfect, the way in which aspects of Canada’s certificate regime have been improved suggests that international law is a valuable resource for protecting the rights of non-citizens in Canada.

scholarly journals IMPERATIVE AND THEORY OF MIND: ETHICAL PICTURE OF THE WORLD IN THE UNDERSTANDING OF THE OTHER

2017 ◽  
Keyword(s):  
Theory Of Mind ◽  
The Other ◽  
Ethical Aspect ◽  
General Role ◽  
Is Research ◽  
World Outlook ◽  
The World ◽  
The One ◽  
Social Act

The purpose of this article is research of role individual ethical world outlook in individual attributing Theory of Mind to Other. On the one hand we have a cognitive science conceptions and in the other hand – the ethical philosophical heritage of the question about establishing general role of ethical aspect in human being. As intersection of the both spheres we consider Lifeworld concept, linguistic vision of the world and naive vision of the world – all of them are scene for realization a social act and space for growing actor’s ethical outlooks.

scholarly journals DEFENDANT’S CONFESSION AT THE MAIN HEARING IN CROATIAN AND COMPARATIVE LAW: JUST ANOTHER PIECE OF EVIDENCE, GUILTY PLEA OR A TACIT AGREEMENT?

2021 ◽  
Vol 37 (1) ◽  
pp. 105-122
Author(s):  
Igor Martinović ◽  
Ivana Radić
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Comparative Law ◽  
Criminal Offence ◽  
Trial Court ◽  
Guilty Plea ◽  
Legal Situation ◽  
Legislative Changes ◽  
The One

The effects of a defendant’s confession are not the same in all legal orders. In civil law systems, confession is usually perceived as an ordinary piece of evidence, while in common law culture it is considered a guilty plea whose truthfulness is not to be questioned by the judge. However, this broad differentiation is not straightforward. In Croatia, if a defendant confesses to a criminal offence punishable by a fine or imprisonment of up to five years at the main hearing and agrees to the sentence proposed by the prosecutor, the trial court is not allowed to impose a sentence higher than the one proposed by the prosecutor. This can motivate tacit agreements and unregulated negotiations between the parties after the main hearing has already begun, and it is unclear if the legislator had such a scenario in mind when enacting this provision. In order to elucidate these problems in a broader perspective, the authors have analysed Croatian, German, Austrian, French, Italian and English law, with an emphasis on the position of the defendant after a confession at the main hearing, the effects of the confession, the role of the court in further proceedings and the victim’s rights. After the comparative analysis, the authors presented their opinion on the current legal situation in Croatia, especially Art. 417a (6) and (7) of the Code of Criminal Procedure, together with a proposal for legislative changes.

You Are the One I Want to Communicate With!

2013 ◽  
Vol 44 (1) ◽  
pp. 16-25 ◽  
Author(s):  
Sabrina Pierucci ◽  
Olivier Klein ◽  
Andrea Carnaghi
Keyword(s):  
Memory Bias ◽  
Shared Reality ◽  
Communication Partner ◽  
Shared Reality Theory ◽  
The One ◽  
Study Participants

This article investigates the role of relational motives in the saying-is-believing effect ( Higgins & Rholes, 1978 ). Building on shared reality theory, we expected this effect to be most likely when communicators were motivated to “get along” with the audience. In the current study, participants were asked to describe an ambiguous target to an audience who either liked or disliked the target. The audience had been previously evaluated as a desirable vs. undesirable communication partner. Only participants who communicated with a desirable audience tuned their messages to suit their audience’s attitude toward the target. In line with predictions, they also displayed an audience-congruent memory bias in later recall.

The Formation of Intermediate Product I in a Purified System The Role of Factor IX or of its Precursor and of a Hageman Factor-PTA Fraction

1961 ◽  
Vol 6 (02) ◽  
pp. 224-234 ◽  
Author(s):  
E. T Yin ◽  
F Duckert
Keyword(s):  
Intermediate Product ◽  
Factor Ix ◽  
Assay Method ◽  
Lag Phase ◽  
Factor X ◽  
Haemophilia B ◽  
Hageman Factor ◽  
One Stage ◽  
The One

Summary1. The role of two clot promoting fractions isolated from either plasma or serum is studied in a purified system for the generation of intermediate product I in which the serum is replaced by factor X and the investigated fractions.2. Optimal generation of intermediate product I is possible in the purified system utilizing fractions devoid of factor IX one-stage activity. Prothrombin and thrombin are not necessary in this system.3. The fraction containing factor IX or its precursor, no measurable activity by the one-stage assay method, controls the yield of intermediate product I. No similar fraction can be isolated from haemophilia B plasma or serum.4. The Hageman factor — PTA fraction shortens the lag phase of intermediate product I formation and has no influence on the yield. This fraction can also be prepared from haemophilia B plasma or serum.

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