Vom Vertrag zum Status

2020 ◽  
Author(s):  
Thomas Pierson

The service contract practice of the “Reichsstadt” Frankfurt am Main is the subject of this study on the pre-industrial history of labour law. Using the concept of legal and socio-historical problem history as an analytical and structural instrument, legal, social and economic problem situations in the municipal service are identified, their solutions worked out and systematically developed on the basis of key questions of freedom, equality and social security. The basis are the contractual statements in the service letters (“Dienstbriefe”) of various social groups - such as servants and advocates, officers and craftsmen - on the right of dismissal, the assumption of risk, remuneration, etc. A longitudinal section shows the main lines of development from the 14th century to the end of the Altes Reich. They lead from an unregulated late medieval contractual practice to an increasingly civil servant-like status of Frankfurt city employees in the early modern period.

1989 ◽  
Vol 22 (3) ◽  
pp. 299-320 ◽  
Author(s):  
Robert Olby

The increasing attention which has been given to social history of science and to the sociological analysis of scientific activity has resulted in a renewed interest in scientific controversies. Furthermore, the rejection of the presentist view of history, according to which those contestants who took what we can identify, with the benefit of modern knowledge, as the ‘right’ stand in a controversy, were right and their opponents were ‘wrong’, left the subject of scientific controversies with many questions. What determines their emergence, course and resolution? When Froggatt and Nevin wrote on the Bio-metric-Mendelian controversy in 1971 they called their article ‘descriptive rather than interpretative’, so they avoided the very questions we would like to ask. Provine, in the same year, concentrated on the strong personalities of the contestants, their clashes, and the scientific arguments in play. But in 1975 Mackenzie and Barnes argued that the controversy could not be accounted for unless recourse was had to sociological factors. Their view has become widely known and figured prominently in 1982 in Steven Shapin's recital of the empirical achievements of the application of the sociological approach. I have returned to this subject because I do not yet feel altogether convinced by Mackenzie and Barnes' analysis. Even if their analysis of the controversy between Pearson and Bateson be accepted, it is not so obvious how effectively it can be used to explain the controversy between Weldon and Bateson, and I am not confident that it is adequate for an understanding of the evolution of their differing views of the mechanism of evolution.


Nuncius ◽  
2012 ◽  
Vol 27 (2) ◽  
pp. 309-329 ◽  
Author(s):  
Silvia Marinozzi

In the early 1980s a systematic investigation was begun by G. Fornaciari and his staff of a series of mummies from central and southern Italy, and in particular of important Renaissance remains. The study of a substantial number of artificial mummies has shed light on the human embalming techniques connected with the methods and procedures described by medical and non-medical authors in the early modern period. This has made it possible to reconstruct the history of the art of mummification, from the ‘clyster’ techniques to the partial or total evisceration of the corpse, to the intravascular injection of drying and preserving liquors. In addition to the bodies of Aragonese princes and members of the Neapolitan nobility, interred in the Basilica of San Domenico in Naples are the remains of important French personages dating to the modern age. Among the tombs arranged in two parallel rows to the right of the balcony are four sarcophagi containing the bodies of the wife and three children of Jean Antoine Michel Agar, who served as the Minister of Finance of the Kingdom of Naples from 1809 to 1815. The type of wrapping used for the corpses of the children presents strong analogies to those of ancient Egyptian mummies.


2014 ◽  
Vol 8 (1) ◽  
pp. 59-101 ◽  
Author(s):  
Daphna Hacker

Abstract This article suggests enacting an accession tax instead of the estate duty – which was repealed in Israel in 1981. This suggestion evolves from historical and normative explorations of the tension between perceptions of familial intergenerational property rights and justifications for the “death tax,” as termed by its opponents, i.e., estate and inheritance tax. First, the Article explores this tension as expressed in the history of the Israeli Estate Duty Law. This chronological survey reveals a move from the State’s taken-for-granted interest in revenue justifying the Law’s enactment in 1949; moving on to the “needy widow” and “poor orphan” in whose name the tax was attacked during the years 1959–1964, continuing to the abolition of the tax in 1981 in the name of efficiency and the right of the testator to transfer his wealth to his family, and finally cumulating with the targeting of tycoon dynasties that characterizes the recent calls for reintroducing the tax. Next, based on the rich literature on the subject, the Article maps the arguments for and against intergenerational wealth transfer taxation, placing the Israeli case in larger philosophical, political, and pragmatic contexts. Lastly, it associates the ideas of accession tax and “social inheritance” with inspirational sources for rethinking a realistic wealth transfer taxation to bridge the gap between notions of intergenerational familial rights and intergenerational social justice.


2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 377-386
Author(s):  
Tomasz Duraj

The subject of the foregoing study is an analysis of the specific rules for the remuneration of members of a worker cooperative who, by contributing to the organisation, participate in the economic risks associated with its operation. Each member of a worker cooperative is guaranteed the right to participate in the profit (balance surplus) of the cooperative, but at the same time participates in covering its losses up to the amount of the declared contribution. This special status of members of a worker cooperative, together with the obligation to work for that organisation on the basis of an employment relationship, has an impact on the remuneration of that category of workers. This can be seen in the structure of their remuneration, which consists of the current salary and the share of the balance surplus to be distributed among the members in accordance with the rules laid down in the statutes. Moreover, the current salary of a member of a worker cooperative and his share of the balance surplus are under protection provided by labour law for the remuneration of the employees.


1864 ◽  
Vol 23 (3) ◽  
pp. 433-450
Author(s):  
Kelland

The subject of this paper is a very old one, and may to many appear to be sufficiently worn; but I venture to hope, that there are some to whom a glimpse of the successive approaches of the human mind towards the right understanding of a question of pure logic, may have an interest,—even although the problem solved be an abstract one, and the conclusion a negative conclusion, having little practical application. Like the kindred problem of the quadrature of the circle, or the metaphysical problem of “Knowing and Being,” the theory of parallels has been attacked in various directions, and although it is true that no one ever reached the goal he aimed at, yet it is not the less certain that great and positive results have followed in the history of human attainment. If no other lesson has been learnt, this at least may have been: that in reasoning it is necessary to look warily around and abroad at every step, seeing that admissions, the most obviously inadmissible, or evasions the most palpable, have foiled generations of thinkers, whilst those who have detected their errors have fallen into others of an equally destructive character.


Author(s):  
Marta Zuzanna Osuchowska

In the history of relations between the Argentinean government and the Holy See, two ideas are permanently intertwined: signing the Concordat and defending national patronage. The changes that occurred in the 1960s indicated that exercising the right of patronage, based on the principles outlined in the Constitution, was impossible, and the peaceful establishment of the principles of bilateral relations could only be indicated through an international agreement. The Concordat signed by Argentina in 1966 removed the national patronage, but the changes to the content of the Constitution were introduced only in 1994. The aim of the study is to show the concordat agreement concluded in 1966 by Argentina with the Holy See as an example of an international agreement. The main focus is the presentation of concordat standards for the institution of patronage. Due to the subject and purpose of the study, the work uses methods typical of social sciences in the legal science discipline. The dogmatic-legal method is the basis for consideration of the Concordat as a source of Argentine law, and as an auxiliary method, the historical-legal method was used to show the historical background of the presented issue.


Author(s):  
Dmitry Maidachevsky

The author of the article reconstructs the shift, which occurred in the model and disciplinary structure of «commercial» education towards «economic» one. The research is based on disciplinary approach in the history of education, which builds on subject-oriented character of knowledge and empirical analysis of Irkutsk Financial and Economic Institute case. Although the shift was being discreetly prepared for several decades and included many attempts to integrate commercial functions of education with economic field, its real start was caused by external to science and education factors. The subject area of a business economics became the point of intersection for economic and commercial disciplines. The area appeared mainly due to political and ideological campaign aimed at making the enterprises’ party core groups aware of economic knowledge. The 18th All-Union Conference of Communist Party initiated the campaign in 1941. The outbreak of war forced people to view the business economics as a scientific and practical field of study, which applies many techniques and methods of economic analysis in order to ensure effective operation and reveal its potential reserves. After obtaining the right to operate beyond the scientific and practical environment, the subject area of business economics entered the higher education area, transforming its educational and research programs and integrating the disciplinary models and structures of economic and commercial education.


2021 ◽  
Vol 8 ◽  
pp. 9-47
Author(s):  
Maria Neklyudova

In his Bibliotheca historica, Diodorus Siculus described a peculiar Egyptian custom of judging all the dead (including the pharaohs) before their burial. The Greek historian saw it as a guarantee of Egypt’s prosperity, since the fear of being deprived of the right to burial served as a moral imperative. This story of an Egyptian custom fascinated the early modern authors, from lawyers to novelists, who often retold it in their own manner. Their interpretations varied depending on the political context: from the traditional “lesson to sovereigns” to a reassessment of the role of the subject and the duties of the orator. This article traces several intellectual trajectories that show the use and misuse of this Egyptian custom from Montaigne to Bossuet and then to Rousseau—and finally its adaptation by Pushkin and Vyazemsky, who most likely became acquainted with it through the mediation of French literature. The article was written in the framework (and with the generous support) of the RANEPA (ШАГИ РАНХиГС) state assignment research program. KEYWORDS: 16th to 19th-Century European and Russian Literature, Diodorus Siculus (1st century BC), Jean-Jacques Rousseau (1712—1778), Alexander Pushkin (1799—1837), Prince Pyotr Vyazemsky (1792—1878), Egyptian Сourt, Locus communis, Political Rhetoric, Literary Criticism, Pantheonization, History of Ideas.


2018 ◽  
Vol 13 (4) ◽  
pp. 601-616 ◽  
Author(s):  
Marcela Cornejo ◽  
Carolina Rocha ◽  
Nicolás Villarroel ◽  
Enzo Cáceres ◽  
Anastassia Vivanco

The current memory struggles about the Chilean dictatorship makes it increasingly relevant to hear a diverse range of voices on the subject. One way of addressing this is to study autobiographical narratives, in which people construct a character to present themselves as the protagonists of a story by taking multiple positions regarding what is remembered. This article presents a study that analyzed the life stories of Chilean people (diverse in their generations, cities, experiences of political repression, political orientations and socio-economic levels) and that distinguished between the positions that they take when presenting themselves as the protagonists of an autobiographical story about the Chilean dictatorship. The results point to salient and recurrent positions that allow people to earn the right to be considered part of the social history of the dictatorship, that involve different definitions regarding those responsible and the victims of what happened, and that unveil a strong family and filial logic of remembering.


Author(s):  
Monique A. Bedasse

When Rastafarians began to petition the Tanzanian government for the “right of entry” in 1976, they benefitted from a history of linkages between Jamaica and Tanzania, facilitated largely by the personal and political friendship between Julius Nyerere and Prime Minister of Jamaica, Michael Manley. This is the subject of the third chapter, which provides essential context for the repatriation. The chapter begins by unearthing the pan-African politics of Michael Manley, which he constructed after appropriating Rastafarian symbols and consciousness into his political campaigns. It also puts a spotlight on the extent to which African leaders of newly independent states helped to define the pan-Africanism of this period by detailing the impact of Julius Nyerere on Manley’s thinking. Finally, it juxtaposes Manley’s acceptance in pan-African circles across Africa with his personal struggle over his own perceived distance from blackness, as a member of Jamaica’s “brown’ elite. In the end, Rastafari was absolutely central to generating the brand of politics surrounding race, color and class in the moment of decolonization. The history of repatriation transgresses analytical boundaries between state and nonstate actors.


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