scholarly journals A Critical Examination of Abstraction in John Dewey’s Reflective Thought

2021 ◽  
Vol 1 (1) ◽  
pp. 31-47
Author(s):  
Bill O'Brien ◽  
Keyword(s):  
Critical Examination ◽  
Negative Consequences ◽  
Critical Question ◽  
Reflective Thought ◽  
The Law ◽  
Reasonable Woman Standard

The purpose of this paper is to critically examine abstraction in the context of John Dewey’s notion of reflective thought. Abstraction is to be understood as a pragmatic tool that underpins reflective thought. In other words, reflective thought—that is, the capacity to think of practical solutions to problems we confront in our lives,— needs to use the tool of pragmatic abstraction. In the context of reflective thought, I explore and explain how pragmatic abstraction is used. Here, I take issue with how pragmatic abstraction is used as merely a means to bring about ‘successful’ consequences to a problem. This use of pragmatic abstraction fails to consider the critical question of whose success is being brought about. Due to this, ‘successful’ consequences to a problem can result for some, while negative consequences to the same problem can result for others. The ‘reasonable woman standard’ that developed in the law illustrates a concrete example of this problematic split and a legal effort to resolve it. Ultimately, by reconsidering how reflective thought uses the tool of pragmatic abstraction, “successful” consequences to problems are brought about in a more inclusive manner.

The benefits and disadvantages of the law on the expansion of the jurisdiction of the DIFC Court

2018 ◽  
Vol 60 (2) ◽  
pp. 221-232
Author(s):  
Tareq Na’el Al-Tawil ◽  
Prabhakar Gantasala ◽  
Hassan Younies
Keyword(s):  
English Language ◽  
Geographical Area ◽  
Legal Framework ◽  
Negative Consequences ◽  
Content Type ◽  
Limited Volume ◽  
Financial Centre ◽  
The World ◽  
Long Time ◽  
The Law

Purpose This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law. Design/methodology/approach The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion. Findings It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a well-developed legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems. Originality/value The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed to fulfill its primary purpose. Thus, the paper has identified a certain tendency concerning the expansion.

Problematic aspects of the use of penitentiary information in the process of disclosure and investigation of crimes

2020 ◽  
pp. 160-165
Author(s):  
Максим Владимирович Кремлев
Keyword(s):  
Law Enforcement ◽  
Goal Setting ◽  
Point Of View ◽  
Negative Consequences ◽  
The Law ◽  
The Difference

Автор, основываясь на ранее проведенных исследованиях, определяет место и роль пенитенциарной информации в процессе раскрытия и расследования преступлений. Указывается, что пенитенциарная информация превращается в процессуальную и, соответственно, в доказательственную посредством поэтапного прохождения через комплекс действий, облеченных в формы пенитенциарного, оперативно-розыскного и процессуального законодательства. Устанавливаются наиболее уязвимые места с точки зрения содержательного наполнения и процессуального оформления получаемых в рамках режимной деятельности сведений. Таковыми выступают места «сочленения» видов деятельности. Основой для подобного рода высказывания выступает разница в нормативном регулировании, в сменяемости и целеполагании исполнителей, а также их представлении о критериях успешности выполненной работы. В качестве подтверждения выдвинутого тезиса приводится пример из правоохранительной практики использования пенитенциарной информации в процессе доказывания, имеющий негативные последствия. Предлагаются направления совершенствования получения пенитенциарной информации с целью усиления ее доказательственного потенциала. In this article, the author, based on previous research determines the place and role of penitentiary information in the process of disclosure and investigation of crimes. It is specified that penitentiary information turns into procedural and, accordingly, into proofs by means of step-by-step passing through a complex of actions exposed in forms of the penitentiary, operational-search and procedural legislation. The most vulnerable places from the point of view of substantial filling and procedural registration of the data received within regime activity are established. These are the places of “articulation” of activities. It is concluded that the basis for this kind of statement is the difference in regulatory regulation, in the turnover and goal-setting of performers, as well as their representation of the criteria for the success of the work performed. As a confirmation of the proposed thesis, an example from the law enforcement practice of using penitentiary information in the process of proving having negative consequences is given. Directions of improvement of receiving penitentiary information for the purpose of strengthening of its evidentiary potential are offered.

scholarly journals Controversial advertising of medicines. A comparison between Poland and the United States

2018 ◽  
Vol 21 (5) ◽  
pp. 67-79
Author(s):  
Marta Makowska
Keyword(s):  
United States ◽  
Prescription Drugs ◽  
The United States ◽  
The European Union ◽  
Negative Consequences ◽  
Direct To Consumer ◽  
Law And Ethics ◽  
The Us ◽  
The Law ◽  
Direct To Consumer Advertising

For many years, the subject of aggressive marketing campaigns conducted by pharmaceutical companies has been raised in Poland. Drug ads are everywhere, on television, the radio, magazines and on the Internet. Therefore, it is extremely important is to ensure both their legal and ethical dimension. This article will present the differences between direct-to-consumer advertising of medicines in Poland and in the US. The dissimilarities result mainly from differences in legislation. In Poland, the law is much stricter than in the US. For example, in the United States companies are allowed to advertise prescription drugs directly to patients. In the whole of the European Union, and thus in Poland, it is strictly prohibited. The article will also present other regulations existing in Poland and in the United States and it will compare them. It will offer examples of violations of the law and ethics in the advertising of medicine in both countries. Lastly, it will briefly outline the negative consequences of unacceptable pharmaceutical marketing.

Zmiany w ustawach małżeńskich Augusta za panowania dynastii julijsko-klaudyjskiej

1987 ◽  
Vol 30 (1-2) ◽  
pp. 151-178
Author(s):  
Maria Zabłocka
Keyword(s):  
The State ◽  
Negative Consequences ◽  
Men And Women ◽  
Age Limit ◽  
The Law

Under the reign of Augustus’ successors both lex Iulia et Papia as well as lex Iulia de adulteriis coercendis were subject to changes. Lex Iulia et Papia imposed an obligation to remain in the state of matrimony for men and women until a certain age limit; if the men were past this age limit negative consequences of avoiding the binding orders came no longer into consideration. SC Pernicianum extended the said consequences over people well advanced in years who earlier had not met the requirements of the law. SC Claudianum attempted at softening the sternness of the changes but only in relation to men since according to SC Calvisianum women were excluded from it. However, the reasons for enacting these SC seem to have departed from the intensions propagated by Augustus. New regulations aimed at only fiscal reasons and partially (SC Claudianum) personal situation of the Princeps. Application of lex Iulia de adulteriis was also gradually changed. Tiberius increased the punishability of facts recognized as crimes by the act and extended its application over new facts. Whereas Caligula abrogated punishability of facts falling under the notion of lenocinium and imposed taxes on them instead.

Part I Legal and Practical Challenges to Traditional Trade Finance, 7 Letters of Credit and Stop Payment Orders Made in the Issuer’s Country

2021 ◽  
Author(s):  
Enonchong Nelson
Keyword(s):  
Common Law ◽  
Critical Examination ◽  
Letter Of Credit ◽  
Rome Convention ◽  
The Us ◽  
The Law ◽  
Letters Of Credit ◽  
Contractual Obligations ◽  
Rome I ◽  
Made In

This chapter offers a critical examination of the significant, but largely unexplored, question whether, and to what extent, a foreign order restraining the issuing bank from making payment under a letter of credit can afford the issuing bank a good defence to a claim in a court outside that bank’s home jurisdiction. At common law, in England as well as in other jurisdictions, such as Hong Kong, Singapore and the US, such orders have only limited effect in the forum. This chapter argues that the approach of the English courts to article 4 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations meant that such orders could defeat a claim against the issuing bank in England only in very narrow circumstances. It goes on to examine the extent to which the changes introduced in article 4 of the Rome I Regulation of 17 June 2008 on the law applicable to contractual obligations have altered the position under English law, so that stop payment orders made in the issuer’s home jurisdiction may now have a much wider reach in England. The chapter contends that notwithstanding the amendments to article 4, in the specific context of letters of credit, the approach of the English courts under the Rome I Regulation is likely to be broadly similar to that under the Rome Convention. The Rome I Regulation has not (even unintentionally) opened the door to stop payment orders made in the issuer’s home jurisdiction.

scholarly journals GAPS IN THE LAW AND WAYS TO FILL THEM

2020 ◽  
Vol 30 (3) ◽  
pp. 396-405
Author(s):  
P.V. Lushnikov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Negative Consequences ◽  
First Case ◽  
The Law ◽  
False Idea ◽  
Law Making ◽  
Made In ◽  
Communicative Processes

The article deals with the issues of gaps in law, it is stated that at present the problem of gaps is caused by the development of public relations. The negative consequences of gaps and their causes are determined. Several classifications of gaps that are made in science are considered. It is concluded that the deliberate creation of gaps by the subjects of law-making can be a corruption-induced factor. The classification of gaps depending on the truth (real and imaginary) is analyzed in detail. It is concluded that under the imaginary spaces can occur, both the addressees and the addressees of legal messages. In the first case, the addressees due to lack of necessary knowledge may have a false idea about the lack of legal regulation. When considering the second option, there is agreement with the scientific position that the addressees may, for subjective reasons, try to resolve gaps in the law, which do not really exist, thereby giving rise to excessive legitimization or real gaps. The article considers the options of filling the gaps in the law proposed in science. Further, it is proposed to apply to this problem the provisions of hermeneutics. The possibility of applying hermeneutic methodology to eliminate gaps is substantiated. It is concluded that preliminary modeling of communicative processes in the course of law-making can be used as a measure to counteract the gap in laws. The author suggests the need to limit the "arbitrariness of the reader" in the process of applying the analogy of law and law, as well as in the process of forming a legal precedent.

scholarly journals La legge 180: il volto umano della psichiatria italiana

2008 ◽  
Vol 57 (6) ◽  
Author(s):  
Filippo Maria Ferro
Keyword(s):  
Mental Hospital ◽  
Sono State ◽  
Critical Examination ◽  
Hospital Workers ◽  
Jean Paul ◽  
The Future ◽  
The Law ◽  
The Revolution

Il contributo esamina il lungo e tormentato iter culturale che ha condotto alla promulgazione della legge 180/1978: dalla cesura in psichiatria tra il pensiero degli accademici e le azioni degli ospedalieri tra fine ’700 e primo ’800, passando attraverso il riferimento agli “alienisti” (così preferivano chiamarsi gli psichiatri in epoca positivista) romantici e spiritualisti sostenitori prima del “morotrofio”, luogo di cura e recupero attraverso trattamenti “morali” poi del “manicomio”, centro di esclusione e di mera custodia, sino alla rivoluzione operata da F. Basaglia, che si ispirava alla psichiatria inglese, sebbene gli intellettuali parigini e l’esistenzialismo di Jean Paul Sartre abbiamo rappresentato un riferimento essenziale. Il lavoro prosegue con una disamina critica della riforma realizzata rispondendo alle principali accuse che le sono state rivolte e termina con uno sguardo al panorama futuro della gestione della sofferenza psichica. ---------- The contribution examines the long and restless cultural iter that has led to the promulgation of the law 180/1978: from the caesura in psychiatry between the academicians’ thought and the hospital workers’ actions in the late 70’s early 80’s, going through the reference to the romantic and spiritualists “alienists” (psychiatrists preferred to be called in this way during the positivist age) supporting first places of care and rehabilitation by “moral” treatments and then the “mental hospital”, centre of exclusion and mere custody, to the revolution made by F. Basaglia, that was inspired by the English psychiatry, although the Parisian intellectuals and the Jean Paul Sartre’s existentialism have represented an essential reference. The works proceeds with a critical examination of the reform realized answering to the principal accusations that have been brought and it ends with a look at the future panorama of the psychic suffering management.

scholarly journals FORMATION OF THE BANKRUPTCY PROCESS (BANKRUPTCY PROCEEDINGS) AND ITS DEVELOPMENT IN THE 1990s IN INDEPENDENT UKRAINE

2020 ◽  
pp. 27-33
Author(s):  
R.B. Poliakov
Keyword(s):  
Legal Status ◽  
Bankruptcy Law ◽  
Economic Downturn ◽  
Negative Consequences ◽  
Industrial Enterprises ◽  
Competitive Process ◽  
Bankruptcy Procedure ◽  
The Law ◽  
Xix Century ◽  
Financial Recovery

The article is devoted to the formation and development of the competitive process in independent Ukraine, namely in the 90s of the twentieth century, during its economic downturn. The normative legal acts of that period, which regulated the insolvency relations and the corresponding Explanations of the Supreme Arbitration Court of Ukraine, are studied. It is emphasized that the first act of the competitive process of independent Ukraine — the Bankruptcy Law at 1992, proved to be very simple to solve the problems of insolvency of large industrial enterprises. The author accentuates that this law in its essence resembled the competitive process of the XIX century, where there was only a liquidation procedure. The lack of a full-fledged financial recovery procedure, traditional measures of the bankruptcy process, a professional arbitration manager and legal deadlines for the regulation of bankruptcy proceedings led to litigation and unjustified liquidation of strategic industrial enterprises for the state. It is argued that the purpose of the Explanations of the Supreme Arbitration Court of Ukraine dated 18.11.1998 was to increase the efficiency of the law itself, mitigate the negative consequences of its application, resolve problems of simultaneous settlement of commercial disputes in litigation with consideration of monetary claims of creditors in bankruptcy proceedings. The important points of this Clarification are emphasized concerning the application of procedural norms, the legal status of the participants in the case, the structure and content of the application for initiating bankruptcy proceedings, the functions of the court, the work of the liquidation commission, etc. It is noted that the Clarification not only facilitated the work of arbitration courts and participants in the bankruptcy proceedings, but also allowed to properly understand the essence of the bankruptcy process itself, previously unknown to the legal science of Ukraine. It is argued that the Bankruptcy Law at 1999 was of revolutionary significance for the development of the bankruptcy process in Ukraine. He significantly intensified the activities of arbitration courts. Significantly increased the number of bankruptcy cases initiated by debtors, including large industrial enterprises. In many cases, the courts began to apply reorganization and amicable agreement procedures. There are differences between the Bankruptcy Laws at 1992 and 1999, in particular in their direction. As a result of the study, the author concludes that the benefits provided by the Bankruptcy Law of 1999 could be used by debtors in respect of whom cases were initiated under the "old" version of the Law. The activities of arbitration managers allowed to maximize the efficiency of the bankruptcy procedure in terms of financial recovery of debtors and repayment of creditors’ claims.

scholarly journals The Aegean Sea of Contradictions (Part II)

2021 ◽  
Vol 65 (11) ◽  
pp. 115-122
Author(s):  
P. Gudev
Keyword(s):  
Russian Federation ◽  
Technological Development ◽  
World Order ◽  
Aegean Sea ◽  
Legal Positivism ◽  
Law Of The Sea ◽  
Negative Consequences ◽  
Equal Rights ◽  
The Law ◽  
The Right

The Aegean Sea as a common sea region for Greece and Turkey is not only an important source of aquatic biological and energy resources, but also a water area where both countries have their own interests in its economic development and use. Traditionally, this sea area, most of which is a high sea in terms of rules and provisions of the modern international maritime law, has been used by both states on a parity basis, and other extra-regional countries have had equal rights with them here. However, the desire of Greece and Turkey to extend their zones of sovereignty, sovereign rights and jurisdiction over maritime zones, seabed and subsoil has given rise to new maritime disputes. It is no coincidence that the problem of delimiting the continental shelf, i. e. the underwater margin of the continent where coastal countries are vested with rights to explore and exploit its resources, has accompanied the Turkish-Greek negotiations for decades. Greece has even initiated legal proceedings before the International Court of Justice on the issue, but for various reasons the Court found that it had no jurisdiction to hear the case. To date, the positions of the parties on this issue have not changed; they are directly opposite and mutually exclusive. This and other circumstances, as well as the fact that Turkey is not a party to either the 1958 Geneva Conventions or the 1982 UN Convention on the Law of the Sea, severely limits the possibility of a new trial. Moreover, the legal positivism of the Greek position on the entire spectrum of Aegean Sea problems, i. e. an appeal solely to the applicable rules and provisions of international law of the sea, not only fails to satisfy Turkey but also has negative consequences for other countries. First of all, this concerns issues related to the freedom of navigation. Greece’s claim to extend the outer limits of its territorial sea from 6 to 12 nautical miles around the huge number of Greek islands in the Aegean Sea would inevitably lead to a significant reduction of the high sea. Although at a minimum the right of innocent passage and at a maximum the more liberal rule of the law of the sea – the right of transit passage – will apply, the legal regime for these maritime areas will be fundamentally different and more heavily regulated. The passage of merchant ships and warships, as well as the overflight of military aircraft, including those of any foreign country, also of the U.S. and Russian Federation, will not be as free as on the high seas. All of these issues are dealt with in this (second) part of the paper. Acknowledgements. The article was prepared within the project “Post-Crisis World Order: Challenges and Technologies, Competition and Cooperation” supported by the grant from Ministry of Science and Higher Education of the Russian Federation program for research projects in priority areas of scientific and technological development (Agreement № 075-15-2020-783).

scholarly journals BECAUSE OF SEX and A LAW OF HER OWN

2017 ◽  
Vol 29 (1) ◽  
pp. 149-156
Author(s):  
Jocelynne Annette Scutt
Keyword(s):  
Historical Perspective ◽  
Women's Work ◽  
Reasonable Person ◽  
Contemporary World ◽  
Women’S Work ◽  
Reasonable Person Standard ◽  
The Law ◽  
Reasonable Woman Standard

Though published more than ten years apart, it is timely to review these volumes together. Both books adopt an historical perspective on women under men’s laws, with a strong message for the contemporary world. Because of Sex traces developments constituting, and bringing about, advances in how the law addresses women’s work and roles, and consequent change in society. A Law of Her Own proposes how the law should adopt a revised approach, substituting the ‘reasonable woman’ standard for the existing - generally ubiquitous – ‘reasonable man’ or ‘reasonable person’ standard – which Because of Sex indicates has at least to some degree, in some instances, occurred.

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