scholarly journals Justicia asertiva y empatía institucional

2021 ◽  
Vol 4 (2) ◽  
pp. 47-61
Author(s):  
Rubén Darío Restrepo Rodríguez ◽  
Alex Rodrigo Coll

El presente propone un camino diferente a la noción de justicia que agrega el concepto de asertividad en la praxis de la justicia institucional con el objetivo de que en la decisión judicial se produzcan el entendimiento y reconocimiento entre la institucionalidad judicial y los usuarios o coasociados del pacto social de Colombia, ausente o tenue hasta ahora. Para ello, se recurrió a la empatía como herramienta de sensibilización entre la decisión judicial y la demanda de justicia, sin dejar de lado los puntos de encuentro que anteceden la determinación deóntica de la justicia.  Abstract This paper proposes a different path to the notion of justice, adding the concept o  assertiveness in the praxis of institutional justice with the objective that in judicial decision understanding and recognition between the judicial institution and the users or co-associated with the social pact of Colombia –absent or tenuous until now– produces itself. To do this, empathy was used as a tool to raise awareness between the judicial decision and the demand for justice, without neglecting the meeting points that preceded the deontic determination of justice. 

2020 ◽  
pp. 22-38
Author(s):  
Natalia Guseva ◽  
Vitaliy Berdutin

At present, the problem of establishing disability is a point at issue in Russia. Despite the fact that medical criteria for disability are being developed very actively, high-quality methods for assessing social hallmarks are still lacking. Since disability is a phenomenon inherent in any society, each state forms a social and economic policy for people with disabilities in accordance with its level of development, priorities and opportunities. We have proposed a three-stage model, which includes a system for the consistent solution of the main tasks aimed at studying the causes and consequences of the problems encountered today in the social protection of citizens with health problems. The article shows why the existing approaches to the determination of disability and rehabilitation programs do not correspond to the current state of Russian society and why a decrease in the rate of persons recognized as disabled for the first time does not indicate an improvement in the health of the population. The authors proposed a number of measures with a view to correcting the situation according to the results of the study.


AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 144-148
Author(s):  
Juliette McIntyre

The Case of the Monetary Gold Removed from Rome in 1943 is familiar to all international lawyers. Like a catechism, we are taught that the ICJ will not proceed with a case where the legal interests of a State not before the Court “would not only be affected by a decision, but would form the very subject-matter of the decision.” Mollengarden and Zamir's proposal that the Court should dispense with the Monetary Gold principle feels almost heretical. The authors contend that the ICJ Statute sets out a framework for balancing the interests of third parties through the use of the intervention procedure, and that Monetary Gold “disrupts that balance.” Monetary Gold is, they submit, to be treated as only a judicial decision, entitled under Article 36(1)(d) of the Statute to little deference as a source of legal principle. I suggest taking an altogether different approach. The best way to understand the place of the Monetary Gold principle is in the context of the ICJ's rule making powers pursuant to Article 30(1) of the Court's Statute. These rule making powers are not limited to the promulgation of formal Rules of Court but extend to the determination of appropriate procedures during the hearing of a case. These procedural rules (small r), articulated in the context of particular cases, may in time evolve into formal Rules of Court through an iterative process. Monetary Gold is an instance of the Court defining a small r procedural rule in a manner that is consistent with the Court's Statute.


2005 ◽  
Vol 34 (2) ◽  
pp. 293-310 ◽  
Author(s):  
ELIZA W. Y. LEE

This article discusses the politics of social policy development in Hong Kong following the Asian financial crisis. It examines the cause, mode and political significance of social policy reform in an Asian late industrialiser that has been experiencing the twin pressures of economic globalisation and socio-economic change. Financial austerity has prompted the state to adopt social policy reforms through re-commodification and cost containment, resulting in the retrenchment of the residual welfare state. The state's policy choices are structured by local politics, including the state of political development and the path dependence nature of policy change. The article questions the effectiveness of the social authoritarian approaches adopted by the state in attempting to renegotiate the social pact with its citizens, and contends that progressive development in social policy is inevitably bound to democratisation.


Litera ◽  
2021 ◽  
pp. 38-55
Author(s):  
Rivaa Mukhammad Salem Alsalibi

The subject of this research is the specifics, forms and functions of interaction in social media groups between the representatives of ethnic communities. The goal consists in determination of the role of social networks in adaptation of ethnocultural communities of St. Petersburg. The research is based on the polling technique for acquisition of information on the cognitive, emotional, and behavioral state of a person. The survey was conducted via distribution of questionnaires among the representatives of ethnic groups. The article also employs the method of systematic scientific observation over the social media groups, topic raised therein, as well as reading and analysis of the comments. The scientific novelty of this work consists in outlining of the nature, trends and development prospects of cross-cultural communications as the channel for ethnocultural interaction.  The main conclusions, which touch upon users from various ethnic communities who do not have enough experience in organization of activity of social media groups, demonstrate that it causes the loss of the sense of security, accumulation of prejudices and escalation of interethnic conflicts, as well as preference of the with restricted access, which contributes to lock down of the group and impedes adaptation in the accepting society. Stabilization of situation can be achieved by improvement of the quality of content posted in the social media, as well as level of their administration.


2020 ◽  
pp. 79-85
Author(s):  
Vladyslav O. Studenets

The arguments and counterarguments in the boundaries of scientific discussion on monitoring the motivational mechanism of securing the labor activity efficiency are generalized. It is related to the fact that the most essential transformations are seen in the social and labor spheres in conditions of market development. The paper aims to define the social factors in the efficiency of labor activity of workers. Systematization of literature sources and approaches to solving the problem of studying the social factors of labor efficiency leads to the conclusion that Ukrainian and foreign scientists have studied the effectiveness of labor activity and the impact of social factors on its increase, but in modern conditions, there is a need for critical analysis at enterprises of various types of economic activity in Ukraine. The study of this issue was carried out in the following logical sequence: determination of results, formation of the main tasks, directions of research of labor remuneration and its structure, determination of tendencies of ensuring the labor activity efficiency. The methodological tools of the study include the system of economic laws, concepts, and categories, the fundamental provisions of modern economic theory and applied economics, statistics. The general methodological basis of the research consists of an abstract-logical complex approach and methods of statistical analysis. The indicators of labor remuneration, the minimum wages, and structures of the wage fund constitute the object of the research because they are the social factors to ensure the efficiency of labor activity. The article examines the indicators of wages, their structure, as well as the impact on ensuring the efficiency of employees. The regional peculiarities in the structure of remuneration are studied and the specific weight of the additional remuneration fund is ranked. The directions of increasing the efficiency of labor activity by strengthening the influence of social factors are offered.


2011 ◽  
Vol 2 (2) ◽  
pp. 1-20 ◽  
Author(s):  
David F. Burgess ◽  
Richard O. Zerbe

In order to be sensible about what discount rate to use one must be clear about its purpose. We suggest that its purpose is to help select those projects that will contribute more net benefits than some other discount rate. This approach, which is after all the foundation for benefit-cost analysis, helps to reconcile different suggested procedures for determining the discount rate. We suggest that the social opportunity cost of capital (SOC) is superior to other suggested approaches in its generality and its ease of use. We use the SOC to determine a range of real rates that vary between 6% and 8%. We suggest that approaches based on determination of preferences, which result in hyperbolic discounting, are less appropriate and less useful.


2018 ◽  
Vol 18 (6) ◽  
pp. 1665-1679
Author(s):  
Stephanie Lackner

Abstract. Earthquake impact is an inherently interdisciplinary topic that receives attention from many disciplines. The natural hazard of strong ground motion is the reason why earthquakes are of interest to more than just seismologists. However, earthquake shaking data often receive too little attention by the general public and impact research in the social sciences. The vocabulary used to discuss earthquakes has mostly evolved within and for the discipline of seismology. Discussions on earthquakes outside of seismology thus often use suboptimal concepts that are not of primary concern. This study provides new theoretic concepts as well as novel quantitative data analysis based on shaking data. A dataset of relevant global earthquake ground shaking from 1960 to 2016 based on USGS ShakeMap data has been constructed and applied to the determination of past ground shaking worldwide. Two new definitions of earthquake location (the shaking center and the shaking centroid) based on ground motion parameters are introduced and compared to the epicenter. These definitions are intended to facilitate a translation of the concept of earthquake location from a seismology context to a geographic context. Furthermore, the first global quantitative analysis on the size of the area that is on average exposed to strong ground motion – measured by peak ground acceleration (PGA) – is provided.


2002 ◽  
Vol 26 (3) ◽  
pp. 39-60 ◽  
Author(s):  
Graham Taylor ◽  
Andy Mathers

This paper explores the logical and historical determinants of European integration and reflects on the potential and dangers this presents for labour movement renewal. Through the principle of ‘subsidiarity’ a regulatory gap has been established between political mobilisation at the national level and neo-liberal regulation at the European level. The historical determination of this form is traced through an exploration of the social struggles against neo-liberalism that have developed within member states and transnational mobilizations that bridge this regulatory gap by linking resistance across national boundaries.


2021 ◽  
Vol 9 (1) ◽  
pp. 105-122
Author(s):  
Luiz Gustavo Silva Souza ◽  
Emma O’Dwyer ◽  
Sabrine Mantuan dos Santos Coutinho ◽  
Sharmistha Chaudhuri ◽  
Laila Lilargem Rocha ◽  
...  

The COVID-19 pandemic has affected the lives of billions of people worldwide. Individuals and groups were compelled to construct theories of common sense about the disease to communicate and guide practices. The theory of social representations provides powerful concepts to analyse the psychosocial construction of COVID-19. This study aimed to understand the social representations of COVID-19 constructed by middle-class Brazilian adults and their ideological implications, providing a social-psychological analysis of these phenomena while the pandemic is still ongoing. We adopted a qualitative approach based on semi-structured in-depth interviews conducted online in April-May 2020. Participants were 13 middle-class Brazilians living in urban areas. We analysed the interviews with thematic analysis and a phenomenological approach. The social representations were organised around three themes: 1) a virus originated in human actions and with anthropocentric meanings (e.g., a punishment for the human-led destruction of the environment); 2) a dramatic disease that attacks the lungs and kills people perceived to have “low immunity”; and 3) a disturbing pandemic that was also conceived as a correction event with positive consequences. The social representations included beliefs about the individualistic determination of immunity, the attribution of divine causes to the pandemic, and the need for the moral reformation of humankind. The discussion highlights the ideological implications of these theories of common sense. Socially underprivileged groups are at greater COVID-19-related risk, which the investigated social representations may contribute to conceal and naturalise.


2021 ◽  
Vol 21 (3-4) ◽  
pp. 83-88
Author(s):  
Anton I. Belkin

Review of the book Mind Games: towards understanding the nature of prejudice and conflict, or how to learn to live in peace by Terrence Webster-Doyle. Mind Games: To understand the roots of prejudice and how to learn live peacefully: a scientific and educational publication. T. Webster-Doyle. Samara Cultural Society Artifact-Cultural Diversity. Samara: Samara Scientific Center of the Russian Academy of Sciences; 2020. 55 p. Reviewer considers that T. Webster-Doyles book is a brilliant example of how conflicts can be resolved most effectively without theorized distraction. T. Webster-Doyles book is small in volume, but very significant in content. The author offers a real program for taming the conflicts and violence that fill the entire human history. Until now, there is a clear lack of research on the universal determinants of the emergence and dynamics of conflict. A paradoxical situation arises when methods of conflict resolution are studied and modified, despite the fact that its initial determinants are not accurately determined. The models of taming conflicts that are being replicated in the social sciences almost do not solve the very problem of overcoming violence in society. Note that T. Webster-Doyle defines her book as the most significant work of her life. The author proposes an original approach to the determination of the conflict and defines the ways of its resolution in direct relationship with the understanding of its determinants. Also, the advantage of the book is a good literary presentation of the material. T. Webster-Doyle views conflict as a phenomenon created by the human mind, which at the same time, in a paradox, is trying to solve a problem which it itself creates. This work is devoted to the study of the determinants of conflict, which are considered comprehensively in the relationship of biological and social determinants: as generated by genetically programmed brain programs and at the same time as a function of peoples perception of the world around them and each other. The author notes that the universal basis of biological programming is the general motivation the desire to survive. Consequently, this work presents a program for resolving the conflict based on a comprehensive consideration of the conflict as a sociobiological phenomenon, which is based on the conditioned thinking of a person (primordial biological protection of his brain). The advantage of the book is its versatility. The author does not just consider the problem of the conflict, its components, the parties to the conflict, conflict genes, the incident, etc. He is looking for an approach that allows you to take a fresh look at this problem and find ways to prevent and destroy the conflict.


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