scholarly journals A Historical Outline of the Development of Civil Procedure in Transylvania as Part of Romania

2021 ◽  
Vol 9 (2) ◽  
pp. 397-412
Author(s):  
János Székely
Keyword(s):  
Regime Change ◽  
Civil Procedure ◽  
Totalitarian Regime ◽  
Historical Outline ◽  
Comprehensive Reform ◽  
Civil Trial ◽  
Judicial Remedies

The following study constitutes a historical outline of the evolution of Romanian civil procedure in the period between 1918 and 2013 from the perspective of the norms applicable in Transylvania as part of Romania. Romanian civil procedure in the period immediately after 1918 presented a diverse picture, with several procedural regimes applicable in the same country at the same time. This raised the necessity of unifying procedural norms, at first attempted by recodification and later accomplished by the extension of the Code of Civil Procedure of the Kingdom of Romania to Transylvania in 1943. As the Soviet-type totalitarian regime was consolidated in the late 1940s, a reform (much rather a recodification) of civil procedure occurred in the new spirit of the age, which, along with subsequent norms led to the reduction of judicial remedies and the introduction of a ‘lay element’ into the process by the presence of assessors, and it also increased the role of public prosecutors during the civil trial. Following the 1989 regime change, civil procedure in Romania at first, before a comprehensive reform, reverted to historical models, and then finally recodification was achieved.

Is Democracy Exportable?

2019 ◽  
pp. 724-742
Author(s):  
Pierre Salmon
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Private Life ◽  
Yardstick Competition ◽  
Human Rights Abuses ◽  
The People

Among many aspects to the question of whether democracy is exportable, this contribution focuses on the role of the people, understood not as a unitary actor but as a heterogeneous set: the citizens. The people matter, in a different way, both in the countries to which democracy might be exported and in the democratic countries in which the question is about promoting democracy elsewhere. The mechanisms or characteristics involved in the discussion include yardstick competition, differences among citizens in the intensity of their preferences, differences among autocracies regarding intrusion into private life, citizens’ assessments of future regime change, and responsiveness of elected incumbents to the views of minorities. The second part of the contribution explains why promotion of democracy is more likely to work through citizens’ concern with human rights abuses than with regime characteristics.

scholarly journals “Educate, Agitate, Organize”: Inequality and Ethics in the Writings of Dr. Bhimrao Ramji Ambedkar

2021 ◽  
Author(s):  
Arun Kumar ◽  
Hari Bapuji ◽  
Raza Mir
Keyword(s):  
Business Ethics ◽  
Caste System ◽  
Political Leader ◽  
Institutional Reforms ◽  
Organizational Boundaries ◽  
Representational Politics ◽  
Institutional Contexts ◽  
Comprehensive Reform ◽  
Business And Management

AbstractScholars of business and management studies have recently turned their attention to inequality, a key issue for business ethics given the role of private firms in transmitting—and potentially challenging—inequalities. However, this research is yet to examine inequality from a subaltern perspective. In this paper, we discuss the alleviation of inequalities in organizational and institutional contexts by drawing on the ideas of Dr. B. R. Ambedkar, a jurist, political leader and economist, and one of the unsung social theorists of the twentieth century. Specifically, we focus on Ambedkar’s critique of the Indian caste system, his outline of comprehensive reform, and prescription of representational politics to achieve equality. We contend that an Ambedkarite ethical manifesto of persuasion—focussed on state-led institutional reforms driven by the subaltern—can help management researchers reimagine issues of inequality and extend business ethics beyond organizational boundaries.

A autocomposição de conflitos na Câmara de Conciliação e arbitragem da Administração Federal: estudo do caso - UNIFESP x União

2019 ◽  
Vol 1 (1) ◽  
pp. 19-36
Author(s):  
Leila Cuéllar ◽  
Egon Moreira
Keyword(s):  
Public Administration ◽  
Civil Procedure ◽  
The Public ◽  
Procedure Code

The article analyses the role of the “Mediation Chambers” in the Public Administration, according to the Civil Procedure Code (2015) and the Mediation Act (2015). It examines the nature of such chambers, their operation and limits.

scholarly journals POLITIK PEMUSNAHAN DAN PEMUSNAHAN POLITIK : Telaah Kritis Atas Konsep Hannah Arendt Tentang Totalitarisme

2015 ◽  
Vol 14 (1) ◽  
pp. 129
Author(s):  
Mathias Daven
Keyword(s):  
Twentieth Century ◽  
Political Theory ◽  
Hannah Arendt ◽  
Political Action ◽  
Concentration Camp ◽  
Concentration Camps ◽  
Total Domination ◽  
Human Beings ◽  
Totalitarian Regime

If we wish to understand a totalitarian system as a whole, we need first to understand the central role of the concentration camp as a laboratorium to experiment in total domination. Arendt’s analysis of totalitarianism in the twentieth century shows how a totalitarian regime cannot survive without terror; and terror will not be effective without concentration camps. Experiments in concentration camps had as their purpose, apart from wiping out any freedom or spontaneity, the abolishing of space between human beings, abolishing space for politics. Thus, totalitarianism did not mirror only the politics of extinction, but also the extinction of politics. As a way forward, Arendt analyses political theory that forces the reader to understand power no longer under the rubric of domination or violence – although this avenue is open – but rather under the rubric of freedom. Arendt is convinced that the life of a destroyed nation can be restored by mutual forgiveness and mutual promises, two abilities rooted in action. Political action, as with other acts, is identical with the ability to commence something new. Keywords: Totalitarisme, antisemitisme, imperialisme, dominasi, teror, kebebasan, kedaulatan, kamp konsentrasi, politik, ideologi, tindakan

scholarly journals The problem of the dialogue in “Shakespeare’s text” by Yuri Dombrovsky

2020 ◽  
pp. 176-184
Author(s):  
Aleksei V. Makarychev
Keyword(s):  
Short Stories ◽  
Freedom Of Expression ◽  
Epileptic Seizures ◽  
The Novel ◽  
Safe Distance ◽  
Special Situation ◽  
Totalitarian Regime ◽  
Common Features ◽  
The People

The article is devoted to the study of the “Shakespearean text” by Yuri Dombrovsky from the standpoint of Bakhtin dialogism. Clarifies the concept of “Shakespearean text” refers to and analyzes “Shakespearean text” by Dombrovsky, including artistic works – a trilogy of novels about Shakespeare (“Dark Lady” “Second-highest quality bed”, “Royal Rescript”) and two chapters of the novel “Dark Lady” (“Queen” and “Count Essex”), originally entered into its composition, but later was published separately, as well as two scientific and critical articles – “‘RetlandBaconSouthamptonShakespeare’: about the myth, anti-myth and biographical hypothesis” and “To Italians about Shakespeare”. The study author states that “Shakespearean text” by Yuri Dombrovsky dominated themes of tyranny and government that does not want to hear the people, of censorship, depriving the artist’s freedom of expression and the role of the artist in an unfree society. Special attention is paid to the problem of interaction between Shakespeare and monologue-authoritarian society in the artistic world created by the writer. The author hypothesizes that in the trilogy of short stories about Shakespeare, Dombrovsky addressed such problems of the totalitarian regime as censorship, cruelty and despotism of power from a relatively “safe” distance – the age of Shakespeare. The author notes the presence of a special situation of double dialogue in “Shakespearean text” by Yuri Dombrovsky: the dialogue is conducted through the Shakespearean era with the contemporary writer’s reality, power and culture. The article proves the similarity of Dombrovsky as a biographical author with the Shakespeare he portrayed, and notes the presence of common features in both writers (sacralization of creativity, impulsive character, addiction to alcohol, epileptic seizures, etc.). The conducted research allows us to conclude that Dombrovsky, attempting a dialogue with the monologue-authoritarian power, finds a voice through art, like “his” Shakespeare. Dombrovsky connects the ways of solving the problem of the artist and power with art as the only way to build a dialogue in the conditions of totalitarianism – not so much with the authorities, who are not able to hear it, as with themselves.

THE METHODOLOGY OF TEACHING CIVIL PROCEDURE (MEMORIES OF MIKHAIL KONSTANTINOVICH TREUSHNIKOV)

2021 ◽  
Vol 11 (5) ◽  
pp. 22-33
Author(s):  
E.V. KUDRYAVTSEVA
Keyword(s):  
Social Sciences ◽  
Legal Education ◽  
Civil Procedure ◽  
The Other ◽  
State University ◽  
Civil Proceedings ◽  
Law Faculty ◽  
Training Courses ◽  
Moscow State University

The article is dedicated to the memory of Mikhail Konstantinovich Treushnikov, Doctor of Law, Professor, Honored Scientist, Head of the Department of Civil Procedure of the Law Faculty of the Lomonosov Moscow State University. The article analyzes the methodology of teaching civil procedure, focuses on the methodology of lecturing, seminars, and game processes. Mikhail Konstantinovich paid great attention to the methodology of teaching civil procedure. The author of the article offers a study of the section “Methods of Teaching Law” from the book “Creative Search in the Science of Civil Procedure Law” by M.K. Treushnikov published in 2020. This section presents methodological recommendations on how to prepare and give lectures for newly elected judges at the republican training courses for legal officers on two subjects: “Preparation of civil cases for trial is a mandatory stage of the process”, “Types of evidence in civil proceedings”. The other two articles in this section are devoted to different issues. One is devoted to the methodology of teaching law in non-law universities (on the example of Moscow State University), the other is written on the basis of a speech “Traditions and Innovations in Legal Education” at the conference meeting of the heads of the departments of social sciences of the Lomonosov Moscow State University on 16 February 2007 and shows the role of departments in solving the problems of legal education.

20. Indonesia

2017 ◽  
Author(s):  
Gyda Marås Sindre
Keyword(s):  
Regime Change ◽  
Institutional Reform ◽  
Political Mobilization ◽  
New Order ◽  
South East Asia ◽  
Reform Agenda ◽  
Radical Reform ◽  
Success Stories ◽  
Growing Economy

This chapter examines the dynamics of regime change in Indonesia since 1998, with a particular focus on political mobilization against the backdrop of institutional reform. In the decade since the collapse of the ‘New Order’ — that is, the authoritarian military-based regime that governed Indonesia from 1966 to 1998 — Indonesia has become one of the few success stories in the post-1970s wave of democratization in the Global South. In addition to being considered the most stable and the freest democracy in South East Asia, Indonesia remains the region’s largest and fastest growing economy. The chapter first provides an overview of the legacies of authoritarianism in Indonesia before discussing the government’s radical reform agenda of democratization and decentralization after 1998. It then looks at political mobilization and participation that accompanied regime change in Indonesia and concludes with an assessment of the role of civil society in political mobilization.

scholarly journals The new Civil Procedure Rules. 1. The process of dispute resolution and litigation

2000 ◽  
Vol 6 (2) ◽  
pp. 153-158 ◽  
Author(s):  
Keith Rix
Keyword(s):  
Dispute Resolution ◽  
Justice System ◽  
Expert Witness ◽  
Civil Procedure ◽  
Previous Article ◽  
Civil Justice ◽  
England And Wales ◽  
Key Points ◽  
Civil Justice System

In the second of my previous two articles on the role of the expert witness, I anticipated the implementation of Lord Woolf's proposed reforms to the civil justice system in England and Wales (Rix, 1999). These changes came into effect on 26 April 1999 and they represent the most radical changes to the civil justice system for a hundred years. In the previous article, it was not possible to do more than list a few of the key points relevant to experts. The purpose of this article is to describe the changes in detail and show how they will, or can be expected to, affect the role of the expert.

scholarly journals The Role of Public Interest Litigation in the Achievement of Sustainable Waste Management in Ethiopia

2018 ◽  
Vol 10 (12) ◽  
pp. 4735 ◽  
Author(s):  
Merhatbeb Gebregiorgs
Keyword(s):  
Waste Management ◽  
Public Interest ◽  
Command And Control ◽  
Civil Procedure ◽  
Environmental Tax ◽  
Sustainable Waste Management ◽  
Public Interest Litigation ◽  
Procedure Code ◽  
And Control

This research assessed the role of public interest litigation in the achievement of sustainable waste management in the Addis Ababa Administration (AAA) of Ethiopia. It employed a single country case-oriented comparative research design, and data triangulation was used to establish the validity of the findings. The research first shows Ethiopia’s commitment to sustainable waste management, implementing environmental tax and the command-and-control instruments of the polluter-pays principle and public interest litigation within the context of environmental justice. Secondly, it shows that public interest litigation is one of the innovative techniques in the struggle against waste mismanagement across all legal systems. Thirdly, it demonstrates the potential role of public interest litigation in Ethiopia in encouraging the federal and regional environmental protection and management organs to implement environmental tax and command-and-control instruments. Fourthly, it uncovers that public interest litigation is not fully compatible with the Civil Procedure Code of Ethiopia. Fifthly, it shows the failure of the judiciary system of Ethiopia to accommodate environmental courts and tribunals that flexibly and innovatively adopt public interest litigation. Sixthly, it reveals that, in Ethiopia, the scope of public interest standing is highly restrictive for Civil Society Organizations (CSO). Finally, it implies that the legal viability and administrative feasibility of environmental public interest litigation in Ethiopia is in its infancy, and its crystallization is partly contingent on the cautious review of the Civil Procedure Code and CSO laws and on greening the judiciary system.

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