scholarly journals Neue Wege der Beschreibung von Rechtstermini: der semasiologisch-onomasiologische Ansatz der Begriffsbestimmung und seine Bedeutung für den Rechtsübersetzer

2021 ◽  
Vol 3 ◽  
Author(s):  
Eva Wiesmann
Keyword(s):  
Conceptual Understanding ◽  
Core Area ◽  
Central Question ◽  
Linguistic Context ◽  
New Approach ◽  
The Core ◽  
The Subject ◽  
Legal Concepts ◽  
Subject Specialist

Within the framework of modern terminological findings, a new approach for the description of legal terms is presented which attempts to overcome the limitations posed by the traditional conceptual understanding of Wüster’s theory of terminology. The central question deals with the role of definition, which is of importance in the delimitation of legal terms, but more so and particularly in the formation of legal concepts. Viewed from the perspective of a modern conceptual understanding, legal concepts are the result, not the object of definition. Often, however , they may be formed through definitions only in the core area, but not in the marginal area important for the differentiation of legal concepts, and this means that further debate on the objects of law is required. By defining legal terms, and not legal concepts, a basic precondition is created for taking into consideration not only the subject specialist but also the linguistic context, and thus for fully taking into account the needs of the legal translator.

Genealogy of Colonial Discourse: Hindu Traditions and the Limits of European Representation

2009 ◽  
Vol 51 (3) ◽  
pp. 563-589 ◽  
Author(s):  
Raf Gelders
Keyword(s):  
Nineteenth Century ◽  
South Asian ◽  
Colonial Discourse ◽  
Colonial State ◽  
The Core ◽  
European Culture ◽  
Eastern Cultures ◽  
The Subject ◽  
Core Issues

In the aftermath of Edward Said's Orientalism (1978), European representations of Eastern cultures have returned to preoccupy the Western academy. Much of this work reiterates the point that nineteenth-century Orientalist scholarship was a corpus of knowledge that was implicated in and reinforced colonial state formation in India. The pivotal role of native informants in the production of colonial discourse and its subsequent use in servicing the material adjuncts of the colonial state notwithstanding, there has been some recognition in South Asian scholarship of the moot point that the colonial constructs themselves built upon an existing, precolonial European discourse on India and its indigenous culture. However, there is as yet little scholarly consensus or indeed literature on the core issues of how and when these edifices came to be formed, or the intellectual and cultural axes they drew from. This genealogy of colonial discourse is the subject of this essay. Its principal concerns are the formalization of a conceptual unit in the sixteenth and seventeenth centuries, called “Hinduism” today, and the larger reality of European culture and religion that shaped the contours of representation.

4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

8. Protection of reputation

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
The Core ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines tort for the protection of reputation. Reputation is protected principally by the tort of defamation. Defamation is almost unique among the torts: it is very often heard before a judge and jury, rather than a judge alone. The role of the jury is to determine matters of fact and to determine the level of damages. The chapter discusses liability; remedies; absolute defences; qualified defences; other torts protecting reputation; and reform of the law.

scholarly journals PROTECTION OF CONSTITUTIONAL CULTURAL RIGHTS AND FREEDOMS OF CITIZENS BY THE CONSTITUTIONAL COURT OF UKRAINE

2018 ◽  
Vol 4 (4) ◽  
pp. 134-139
Author(s):  
Mykola Inshyn ◽  
Yurii Міroshnychenko ◽  
Yurii Paida
Keyword(s):  
Regulatory Compliance ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Scientific Methods ◽  
Cultural Rights ◽  
Legal Method ◽  
The Subject ◽  
Constitutional Justice ◽  
Legal Concepts

The aim of the article is to explore the place and role of the Constitutional Court of Ukraine in the mechanism of constitutional cultural rights and freedoms protection within the context of Ukrainian constitutional justice reforming. The subject of research is the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine. Methodology. Scientific research is based on the use of philosophical, general, and special scientific methods and techniques of scientific cognition. The dialectic method allows examining the phenomenon of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine within the dynamics of its evolution and interaction with other legal concepts. The systemic method made it possible to present the mechanism of protection of constitutional cultural rights and freedoms of citizens as a combination of interrelated elements. The formal-legal method was used to analyse the regulatory framework of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine along with relevant decisions of this judicial body. Results obtained upon completion of the research give an opportunity to claim that the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine may be performed on the basis of both direct and indirect access of persons to the constitutional jurisdiction body through the regulatory compliance assessment (constitutional recourse and initiation of legal action by certain state power bodies and its officials through constitutional claim filing). Practical outcomes. Research provides: examination of doctrinal and applicable aspects of the Constitutional Court of Ukraine activity on the protection of constitutional rights and freedoms of citizens; characteristics of general theoretical essence of constitutional cultural rights and freedoms of citizens with distinguished types; analysis of peculiarities of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine in the course of its powers exercising. Value/originality. On the basis of a comprehensive study of constitutional doctrine, Ukrainian legislation and implementation practices certain proposals are elaborated regarding the improvement of the effectiveness of the Constitutional Court of Ukraine activity in the area of protection of constitutional cultural rights and freedoms of citizens.

scholarly journals The Role of Water as a Non Traditional Security Challenge

2019 ◽  
Vol 18 (4) ◽  
pp. 103-116
Author(s):  
Ambika Vishwanth
Keyword(s):  
Water Security ◽  
Political Stability ◽  
End User ◽  
Policy Makers ◽  
Global Challenge ◽  
The Core ◽  
Water Wars ◽  
Security Challenge ◽  
The Subject

Challenges such as climate change, water and environment or even food security were not considered under the traditional security paradigm. In 1994, the UN Human Development report brought to the forefront the need to shift focus to the concept of people‟s security and identified several essentials including economic, health and environment security. Water, which lies at the core of these essentials did not find adequate prominence and while „water wars‟ was under the subject of academic scrutiny, the concept of water security as a global challenge did not receive adequate attention. Currently, water and its inextricable relationship to energy, food and development, and political stability is placed at the core of every security debate. In 2015, leaders at the WEF in Davos ranked water as the No.1 risk to societies. The paper explores how a change in attitude is required from policy makers to the end user.

scholarly journals GOVERNANCE AS A TOOL FOR BUSINESS DEVELOPMENT IN NIGERIA

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Blessing Prince Nwanganga ◽  
Success Anaba
Keyword(s):  
International Development ◽  
Role Theory ◽  
Current Issue ◽  
Business Development ◽  
Policy And Practice ◽  
The Core ◽  
Key Issues ◽  
The Subject ◽  
The Impact

Governance matters are arguably at the core of international development. This paper addresses the role theory, policy and practice play in shaping matters of governance as it concerns business development in Nigeria. The paper is organised in three parts, In the first part, the theories on the governance and development nexus are outlined. In the second, the role of governance and its relevance to business development is discussed; here, the concepts, principles and framework for enhanced governance in business are brought to the fore, selected reviews by scholars and practitioners and numerous current key issues are highlighted. In the third part, the impact of governance in business practice is examined. Reviews and current issue related to the impact of governance in business development are also discussed. Besides, lessons are drawn from the review of contributions from selected scholars. The conclusion of this paper is threefold: first, it is a fallacy that there is a preeminent system of governance that is universally applicable for business development; second, the relevant theories on the subject have a remarkably limited role to play in sculpting policy and practice; and, third, perhaps the single most important problem in policies and practices on governance for development is the failure to temper interventions to the contextual dynamics found in each developing country setting.

Citing Religious Texts in Individual Opinions to Judgments of the International Court of Justice

2020 ◽  
pp. 263-279
Author(s):  
Mubarak A Waseem
Keyword(s):  
Religious Identity ◽  
Central Question ◽  
International Court Of Justice ◽  
Religious Texts ◽  
Court Of Justice ◽  
International Court ◽  
International Legal Order ◽  
The Icj ◽  
Legal Concepts

This chapter explores, through a survey of individual Separate and Dissenting Opinions, the treatment of religious texts within the International Court of Justice (ICJ) and provides an argument for their continued usage. In order to maintain its legitimacy, the ICJ is under an obligation to serve the international community and its principles, in all their variety. International law is already, at least in part, based on natural law as reflected in religious texts. The answer to the central question, whether the Court’s judges should be more willing or more hesitant to express their own identity through citing religious texts, depends on one’s view of the role of the Court. If we view the ICJ as a quasi-arbitral forum for the clinical resolution of disputes, the answer to this question is probably negative. But this chapter argues that the Court ought to be viewed as an apex forum for a truly international legal order, one that is geographically, religiously, and culturally diverse, and whose legal concepts are the result of long and storied histories, and as such, the expression of religious identity has a place in the corpus of the living law.

Teaching Mathematics for Conceptual Understanding: Teachers’ Beliefs and Practices and the Role of Constraints

2020 ◽  
Vol 51 (2) ◽  
pp. 234-247 ◽  
Author(s):  
Bilge Yurekli ◽  
Mary Kay Stein ◽  
Richard Correnti ◽  
Zahid Kisa
Keyword(s):  
Instructional Practices ◽  
Conceptual Understanding ◽  
Major Influence ◽  
Teaching Mathematics ◽  
New Approach ◽  
Beliefs And Practices ◽  
Teachers Beliefs ◽  
The Relationship ◽  
Development Of Students

A major influence on mathematics teachers’ instruction is their beliefs. However, teachers’ instructional practices do not always neatly align with their beliefs because of factors perceived as constraints. The purpose of this article is to introduce a new approach for examining the relationship between teachers’ beliefs and practices, an approach that focuses on specific instructional practices that support the development of students’ conceptual understanding and on mismatches that occur between what teachers believe to be important and what they report actually doing in the classroom. We also examine the relationship between teachers’ self-reported constraints and mismatches between teachers’ beliefs and practices.

scholarly journals Creativity in Martin Heidegger's existentialism

2020 ◽  
pp. 18-26
Author(s):  
Ol'ga Nikolaevna Tomyuk
Keyword(s):  
Methodological Basis ◽  
Historical Method ◽  
The Core ◽  
Time Space ◽  
Phenomenological Methodology ◽  
The Subject ◽  
Philosophical Writings ◽  
Personal Fulfillment ◽  
Cultural Concept

In the conditions of globalization with characteristic for this era sociocultural transformations, the anthropological problematic, which emphasizes the role of interrelation between creativity and personal being, comes to the forefront. The object of this study is creativity in the philosophical-cultural concept of M. Heidegger. The subject is the phenomenon of creation in M. Heidegger's existentialism. Reference to the concept of M. Heidegger is not accidental, since the problem of human and creativity is focal in his philosophical writings. In his work “The Origin of the Work of Art”, Heidegger sets an ontological vector of studying creativity in art, assigning to being as such the core position.  The article explores M. Heidegger's understanding of creation, which he describes using the terms of "being", "time", "space", "unconcealment", "truth", "thingness", "beautiful", and "beauty".The theoretical and methodological basis of the study was the cultural and historical method. The appeal to the existential-phenomenological methodology allows identifying the peculiarities of comprehension of creativity in the concept of M. Heidegger. The systemic approach serves as the foundation for examining the phenomenon of creativity as a system. It is determines that Heidegger explains creativity as the artist’s way to personal fulfillment. The conclusion is made that according to the philosopher not every work can be attributed to creation, but only those that reflect the system of views of the artist and specificity of time. For Heidegger, art is the space of existence and creation; the essence of art consists in the truth being created in creation.

scholarly journals Pathways to Becoming an Academic Subject Specialist: Insights from Three Librarians

2019 ◽  
Vol 14 (1) ◽  
Author(s):  
Wendy Girven Pothier ◽  
Heather Howard ◽  
Paul Campbell
Keyword(s):  
Professional Development ◽  
Professional Literature ◽  
Professional Advice ◽  
Education Professional ◽  
Education Professional Development ◽  
The Subject ◽  
Development Perspective ◽  
Broad Role ◽  
Subject Specialist

Subject librarianship has been a research topic for many years, however there is limited professional literature providing professional advice and practical examples of pursuing this area of librarianship. This article examines pathways to becoming a subject librarian, particularly in an academic setting. Using case studies from three subject librarians with different backgrounds as examples, the article finds common themes and best practices for both obtaining these types of positions and achieving success as a subject librarian. The role of education, professional development and networks, and leveraging experience are discussed as means for librarians to move from working in a broad role as a generalist to transition into a subject specialist. This article approaches the subject from a practical, “getting the job”, professional development perspective, aimed at librarians who are interested in making a career transition.

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