scholarly journals ACCESS TO JUSTICE

2020 ◽  
Vol 23 (45) ◽  
pp. 177-192
Author(s):  
Paulo Marcio Cruz ◽  
Bruno Makowiecky Salles
Keyword(s):  
Access To Justice ◽  
Proper Understanding ◽  
Stage Of Development ◽  
Legal Science ◽  
The Subject ◽  
The Universe

What should be understood, contemporaneously, by Access to Justice? This paper addresses the challenge of answering this question by describing the main elements that portray the stage of development of the theme in Legal Science. With no pretension to exhaust the subject, considering its scope and complexity, we seek to situate Access to Justice in the contemporary scene and present the approaches commonly attributed to it, providing the methodological and terminological clarifications necessary for a proper understanding. In this context, considerations are made about perspectives classified as legal-procedural and democratic-institutional, as well as the conceptions, included in the universe of Access to Justice (lato sensu), Access to the Judiciary and Access to Rights.

scholarly journals REGULARITIES AS A SUBJECT OF SCIENCE OF EXECUTIVE PROCESS

2021 ◽  
pp. 116-123
Author(s):  
S. Shcherbak ◽  
Keyword(s):  
Scientific Development ◽  
Court Decisions ◽  
Legal Tradition ◽  
Stage Of Development ◽  
Natural Connection ◽  
Legal Science ◽  
Executive Process ◽  
Process Characterization ◽  
The Subject ◽  
The Law

The article analyzes the existing positions of scientists of general theoretical jurisprudence on legal laws as a fundamental and rather complex scientific category, which is undeservedly "forgotten" in our time, the interest in which is determined by the needs of practice and the essence of scientific knowledge. Based on the conceptual principles of general theoretical science, the branch concept of regularities as a subject of science of executive process is offered, taking into account the necessity of development of doctrinal provisions of science of executive process. It is proved that the formation and formation of the science of the executive process is ahead of the emergence of the relevant branch of law; the place of the executive process in the legal system continues to be considered, because the process of forming the branch of law must be complex and long and thus requires justification and awareness. The essence and features of legal regularities in the general theory of law are revealed, and also their display and value in the course of execution of judicial decisions and decisions of other bodies are defined; such regularities as a subject of science of executive process are specified. It has been clarified that the decisions and decisions of other bodies, have natural connections and relations concerning: creation, actions and improvement of the legislation regulating process of execution of court decisions and decisions of other bodies; practices of application of executive procedural norms (including rules of law enforcement in typical situations, overcoming gaps); use of historical experience of execution of court decisions and decisions of other bodies; use of foreign experience of enforcement of decisions of jurisdictional bodies; the provisions of international legal acts on enforcement (expediency of harmonization and implementation, which will require changes to national legislation); methodological problems of the science of the executive process. Characterization and classification of branch regularities, depending on criterion of sphere of action in science, of executive process on five kinds are given among which are: natural connection of the simplest phenomena – the executive document, executive procedural legal relations, executive actions; natural connection of complex phenomena, such as the system of executive procedural legislation, the model of the executive process, the methodology of the executive process; regularities inherent in the executive process as a whole (principles of the executive process, stages of the executive process, subjects of the executive process); the natural connection of the executive process with the economy, sociology and other social spheres. An assessment of new regular connections that arises in the modern executive process, taking into account the signs of dynamic patterns and examples of transformation of patterns that were manifested in the Soviet times and operate in modern times, in particular, fundamental regularities, (which are succession in law, the stability of the legal tradition), and the objective need for formal certainty in law are fragmentarily outlined in the example of the science of executive process, because the executive process was separated from the science of civil procedure and did not absorb its succession, but caused new, its own patterns, which arose simultaneously with the new phenomenon of legal life, and thus acquired a set of legal relations that are not embodied with justice (while the modern prototype of the executive process is associated "with a drone and tow truck", not with Themis, the goddess of justice). In turn, the subject of the science of executive process is proposed to understand the objectively determined, constant, necessary, and causal links that provide knowledge of the process of execution of court decisions and decisions of other bodies as a legal phenomenon, as well as reflect its deep, essential properties. The architecture of the subject of science should be determined primarily by the structure of the relevant law, in this case by the Law of Ukraine "On Enforcement", a significant disadvantage of which is the systematic revision and reformatting of its provisions by adopting the law or its new Version changes simultaneously the conceptual bases of activity of executors and considerably complicates formation of theoretical bases of executive process. It is substantiated, that coincidences, provided that they are repeated, can become a trend, and trends, in turn, can grow into a pattern. The importance of regularities lies in the fact that they are not only the subject of science of the executive process, but also have methodological significance for the executive process as a young branch of legal science, because it is on the basis of regularities that basic scientific provisions become especially relevant in the emergence and development of new branches of legal science. The paper identifies existing trends such as anthropologization, globalization and deformation and reveals them on the example of the executive process; it outlines the content of coincidences in the science of executive process. The need for further scientific development of both the actual legal laws and industry laws of the science of the executive. Process is predicted, taking into account the immensity of the category of laws and giving to it the weight at the present stage of development of the science of the executive process.

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

After Arminius

2020 ◽  
Author(s):  
Thomas H. McCall ◽  
Keith D. Stanglin
Keyword(s):  
Primary Sources ◽  
Reformed Theology ◽  
Proper Understanding ◽  
System Building ◽  
Wide Range ◽  
Modern Thought ◽  
History Of ◽  
The Subject ◽  
Vision Of God ◽  
Important Position

“Arminianism” was the subject of important theological controversies in the seventeenth and eighteenth centuries, and it maintains an important position within Protestant thought. What became known as “Arminian” theology was held by people across a swath of geographical and ecclesial positions; it developed in European, British, and American contexts, and it engaged with a wide range of intellectual challenges. While standing together in their common rejection of several key planks of Reformed theology, proponents of Arminianism took various positions on other matters. Some were broadly committed to catholic and creedal theology; others were more open to theological revision. Some were concerned primarily with practical concerns; others were engaged in system building as they sought to articulate and defend an overarching vision of God and the world. The story of this development is both complex and important for a proper understanding of the history of Protestant theology. However, this historical development of Arminian theology is not well known. In this book, Thomas H. McCall and Keith D. Stanglin offer a historical introduction to Arminian theology as it developed in modern thought, providing an account that is based upon important primary sources and recent secondary research that will be helpful to scholars of ecclesial history and modern thought as well as comprehensible and relevant for students.

V. Experimental researches in magnetism and electricity

1867 ◽  
Vol 157 ◽  
pp. 89-107 ◽  
Keyword(s):  
High Pressure ◽  
Quantitative Relation ◽  
Feed Water ◽  
Dynamic Force ◽  
Electric Induction ◽  
Similar Character ◽  
The Subject ◽  
The One ◽  
Experimental Researches ◽  
The Universe

1. The principle of the conservation of force, as I apprehend it, is the definite quantitative relation existing between all the phenomena of the universe whatsoever, both in direction and amount, whether such phenomena be considered in the relation of cause and effect, or as antecedent and consequent events. 2. In the particular application of this principle to the advancement of physical science, and also to the invention of new engines and machinery to meet the progressive requirements of society, problems not unfrequently present themselves which involve the consideration of static and dynamic force, from several different aspects; and the solution of these problems often brings out results which are as surprising as they are paradoxical. Of such cases, in which the idea of paradox alluded to is involved, may be mentioned the one contained in the 36th Proposition of Newton’s 'Principia' (Book 2, Cor. 2), and in D. Bernoulli’s 'Hydrodynamica,' p. 279; in which the repulsive force of a jet of Water issuing from a hole in the bottom or side of a vessel with a velocity which a body would acquire in falling freely from the surface, is equal to the weight of a column of water of which the base is equal to the section of the contracted vein and about twice the height of the column which produces the flowing pressure; the static force of reaction being thus double that which, without experiment, had been predicted. An instance in which the quantity of dynamic force is increased paradoxically may be seen in that curious and useful piece of apparatus the injector, by means of which a boiler containing steam of high pressure is able to feed itself with water through a hole in its shell, though this hole is open to the atmosphere; or the steam from a low-pressure boiler is enabled to drive the feed-water through a hole (also open to the atmosphere) into a high-pressure boiler. Although, when rightly interpreted, these examples of paradox, as well as many others of a similar character, are in strict accordance with the principle of conservation, yet they are at the same time contrary to the inferences which are generally drawn from analogical reasonings, and to some of those maxims of science which are framed for the instruction of the unlearned. As the examples cited are only adduced for the purpose of illustrating some analogous phenomena observed in connexion with certain combinations of static and dynamic force in molecular mechanics which form the subject of the present research, it is not my intention to enter into the rationale of either of them, but to direct attention to some new and paradoxical phenomena arising out of Faraday’s important discovery of magneto-electric induction, the close consideration of which has resulted in the discovery of a means of producing dynamic electricity in quantities unattainable by any apparatus hitherto constructed.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

Metaphysics of Being of Information

2021 ◽  
pp. 117-125
Author(s):  
Vladimir A. Yakovlev ◽  
Keyword(s):  
Scientific Basis ◽  
Specific Information ◽  
Abstract Concept ◽  
Communicative Practices ◽  
The Subject ◽  
Concept Of Information ◽  
American Physicist ◽  
Mathematical Operations ◽  
Intelligence Theories ◽  
The Universe

In article the metaphysics of being of information is considered and her cat­egorical status. The concept of information plays an especially important role in cognitive disciplines – neurology, cognitive psychology, sociology and arti­ficial intelligence theories altogether forming the scientific basis of new epi­stemology. Information is understood as the objective reality perceived by the subject by means of touch bodies which it fixes and comprehends by means of various semantic pro-positions, logical-mathematical operations and calculations, using it in various communicative practices for achievement of the purposes. On the basis of philosophical traditions of interpretation of cat­egory of life and various interpretations of this abstract concept of modern nat­ural sciences the new understanding of category of life as a basic metaphysical concept of science is offered. The philosophical bases of the theory of creative participation of the person in events of the Universe the famous American physicist-theorist J.A. Wheeler who put forward the thesis “all from Bit” (It from Bit), the information paradigm of the universe developed by the prom­inent modern philosopher L. Floridi. It is demonstrated that the origination and evolution of all objects takes place due to the existence of specific information programs that express the fundamental creativity of the nature. The statement that the category of life in modern interpretation both in natural-science, and in sociocultural aspects expresses life of information, or the information life presented in unity of three spheres of reality – matter, lives and consciousness (reason) is proved.

The Prosecutor in Arbitration: A Historical Perspective

2021 ◽  
Author(s):  
E.V. Kolesnikov ◽  
Keyword(s):  
Economic Activity ◽  
Present Stage ◽  
Society Business ◽  
Economic Relations ◽  
Legal Norms ◽  
Stage Of Development ◽  
Legitimate Interests ◽  
The Subject ◽  
Business Entities ◽  
Degree Of Participation

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

Ο 'Αγαθός As ΌΔυνατός in the Hippias Minor

1981 ◽  
Vol 31 (2) ◽  
pp. 287-304 ◽  
Author(s):  
Roslyn Weiss
Keyword(s):  
Proper Understanding ◽  
Intentional Agent ◽  
The Subject ◽  
Unintentional Action ◽  
Hippias Minor ◽  
Better Than

This paper is an attempt so to construe the arguments of the Hippias Minor as to remove the justification for regarding it as unworthy of Plato either because of its alleged fallaciousness and Sophistic mode of argument or because of its alleged immorality. It focuses, therefore, only on the arguments and their conclusions, steering clear of the dialogue's dramatic and literary aspects. Whereas I do not wish to deny the importance of these aspects to a proper understanding of the dialogue – on the contrary, in a dialogue so heavily laden with irony and caricature, these aspects are necessarily more significant than they are in other dialogues – I do think there is something to be gained from concentrating on the arguments themselves. Although there can be little doubt that Socrates is up to something in the Hippias Minor, the task of determining just what he is up to can only be simplified by clarifying the arguments first.The Hippias Minor has traditionally been thought to contain two independent arguments, each having its own paradoxical conclusion. The first argument begins, it is said, when Hippias characterizes the two Homeric heroes Achilles and Odysseus as the true man (⋯ ⋯ληθ⋯ς) and the false man (⋯ ψευδ⋯ς) respectively. Through its discovery that both the false man and the true man have δύναμις, it results in the paradox that the false man and the true are identical. The second argument, on this view, leaves the subject of ⋯ ⋯ληθ⋯ς and ⋯ ψευδ⋯ς and compares instead all sorts of agents in intentional and unintentional action. Finding that the intentional agent is in every case better than the unintentional, the argument concludes that the intentional evil-doer is also better than the unintentional. Viewing the dialogue as thus containing two distinct topics treated in two self-sufficient arguments is perhaps not the best way to understand it.

Glorious Apollo: Poetic and Political Themes in the First Opera

1979 ◽  
Vol 32 (4) ◽  
pp. 485-513 ◽  
Author(s):  
Barbara Russano Hanning
Keyword(s):  
Art Form ◽  
History Of ◽  
The Subject ◽  
The Universe ◽  
Early Opera

Historians of early opera have occasionally noted the appropriateness of Orpheus’ appearance as artistic spokesman for the new art form. Poet-singer par excellence of antiquity, whose music shook the very depths of the universe as he retrieved Eurydice from the Underworld, Orpheus surely appealed to the early opera composers and their humanist program—to recreate the moving power of an entirely sung drama by forging a new union of poetry, music, and gesture.In the history of opera, however, primacy of place must be given to the god Apollo, for the legend of Apollo and Daphne was the subject of the first favola per musica, La Dafne, written by Ottavio Rinuccini, with music composed by Jacopo Corsi and Jacopo Peri, and first performed in 1598 at Corsi's home in Florence.

Perception and Evaluation: Aristotle on the Moral Imagination

Dialogue ◽  
1990 ◽  
Vol 29 (1) ◽  
pp. 41-64 ◽  
Author(s):  
R. J. Hankinson
Keyword(s):  
Moral Theory ◽  
Moral Imagination ◽  
Sensory Experience ◽  
Rational Action ◽  
Proper Understanding ◽  
The Subject ◽  
Mental Imaging ◽  
Broad Interpretation

In recent years, Aristotle's treatment of the imagination has become the subject of renewed interest. A pioneering paper by Malcolm Schofield argued that, far from being the rag-bag of widely separate and more or less unrelated concerns that it had previously been generally taken to be, phantasia was, for Aristotle, a ‘loose-knit family concept’ covering all aspects of what Schofield labelled ‘non-paradigmatic sensory experience’. With that conclusion I am more or less in agreement, although only on the condition that ‘sensory’ be given a suitably broad interpretation. My purpose in this paper is to tease out, in a necessarily limited and circumscribed manner, the implications of a proper understanding of Aristotle's developed concept of deliberative imagination, phantasia bouleutikê, for his moral theory and his account of rational action, and to indicate ways in which this is related to his accounts of mental imaging in the rest of the Parva Naturalia.

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