scholarly journals Personal name

2021 ◽  
Vol 38 (2) ◽  
pp. 1-16
Author(s):  
Nebojša Šarkić ◽  
Dalibor Krstinić ◽  
Katarina Petrović

The right to the personal name represents the most important expression of a personal identity, as well as an absolute subjective right of every individual. Furthermore, the individual is, through the personal name, distinguished in the known and social context, and it is also the means through which the state identifies its subjects. Without the existence of the personal name, the life within a community would be unimaginable, which means that this type of individualization is as old as the very human society. Nevertheless, through time, the means of such an individualization have been changed. Today, in Republic of Serbia, the personal name consists of a surname by which the belonging to a certain family community is expressed, and a name through which he/she is individualized within that community. The question of a personal name in our country is regulated by the Family Law and it is guaranteed by the Constitution. Given the importance of the personal name, the aim of this paper will be to demonstrate the important questions pertaining to the personal name, as well as the Family Law norms, by which it is regulated within the lawful context of Republic of Serbia.

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].


1987 ◽  
Vol 12 (4) ◽  
pp. 11-13
Author(s):  
Richard Ingleby

In this paper I intend to examine ways in which the problem of child poverty might be remedied by legislative reform. The legislative activity taking place at present means that this is a matter of current, as well as social, importance (1). The paper is not intended as an arid academic exercise, but as a contribution to the debate about the future direction of reform in this area. The emphasis of the paper is on the effect of legislative provisions outside the court-room. When more than 90% of divorce disputes are not resolved by judicial adjudication, it is vital to an understanding of the law to examine its out-of-court operation (2). This demands that we consider how the provisions of the Family Law Act are used in negotiations, and the effect of the relationship between parents' rights against each other, and parents' rights against the State. But therefore considering ways in which the interests of children might be protected on divorce, it is necessary to give a brief introduction to the nature of the problem of child poverty and its relationship with matrimonial breakdown.


2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Jyoti Narayan Patra ◽  
Jayanta Mete

Values are like seeds that sprout, become saplings, grow into trees and spread their branches all around. To be able to think right, to feel the right kind of emotions and to act in the desirable manner are the prime phases of personality development. Building up of values system starts with the individual, moves on to the family and community, reorienting systems, structures and institutions, spreading throughout the land and ultimately embracing the planet as a whole. The culture of inclusivity is particularly relevant and important in the context of our society, nation and making education a right for all children.


2021 ◽  
Vol 100 (4) ◽  
pp. 198-207
Author(s):  
R.N. Terletskaya ◽  
◽  
I.V. Vinyarskaya ◽  
E.V. Antonova ◽  
A.P. Fisenko ◽  
...  

Despite the positive developments in the sphere of ensuring the special needs of disabled children, a comprehensive socio-hygienic assessment of the conditions and lifestyles, as well as of their families, has not been carried out in the recent years. The purpose of the study is to identify, through a sociological survey, the problems that a disabled child encounters in his life, in order to further improve the provision of medical and social assistance to him. Materials and methods of research: 506 legal representatives of minors (aged 0–17 years) with the status of a disabled child were interviewed. Study design: single-center, non-randomized, uncontrolled. Results: the study of the living conditions of a disabled child in the family, the assessment by the parents of the state of his health, the problems arising during the registration of disability, in the provision of medical and rehabilitation assistance, and issues of medical and social support, made it possible to determine the position of this part of the child population in modern legal and medical and social conditions. The main problems were the large number of documents required for the registration of a disability, the long wait for the day of the examination, the remoteness of the location of the medical and social examination bureau, the shortage of specialist doctors, the problem with subsidized drugs, the lack of taking into account the individual needs of the child when carrying out rehabilitation programs, the need to contact different organizations and departments, lack of medical and social assistance, violation of rights in the provision of medical services to a disabled child. Conclusion: The acquired information is important for the further improvement of the provision of medical and social assistance to handicapped children and children with disabilities. The main task today is to develop mechanisms for fulfilling the declared rights and freedoms of persons with disabilities and the obligations undertaken by the state in relation to them. The principle of individualization of the provision of various benefits, depending on the condition of a disabled child, his needs, material security, remains relevant.


Author(s):  
I. Mytrofanov

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.


2021 ◽  
Vol 36 (Supplement_1) ◽  
Author(s):  
A Martin ◽  
S Carez ◽  
C Metzler-Guillemain ◽  
A Martial

Abstract Study question Is age a key criteria for characterizing the experience of families in telling donor offspring about the facts of their conception? Summary answer The study shows that, although donor offspring’s age at the time of disclosure has an impact, it is insufficient to describe these families’ experiences What is known already Secrecy was the norm for decades in donor conception, but “openness” has now become the new core value for institutions, professionals and interest groups. Accordingly, in recent years information-sharing practices have shifted in donor conceived families, but a proportion of parents, especially heterosexual couples, still appear to not inform their children about their being donor conceived. Disclosure recommendations seem difficult to apply in practice. A recurring question is: when should children be told? Age is presented as a key criteria: the younger the children are when their conception story is shared, the less of a problem it would create. Study design, size, duration The qualitative social science study includes two sets of semi-directive interviews conducted with 20 French sperm donor conceived adults (April-Dec. 2019) and 22 French parents by sperm, egg or double donation (Feb.-Oct. 2020). Calls for interviews aimed at donor conceived adults and parents by donation were shared on the Internet, in the media (press, radio, television) and through interest groups (PMAnonyme, BAMP!, MAIA) in France. The contact initiative was left to potential participants. Participants/materials, setting, methods Donor conceived participants include 17 women and 3 men conceived 1960–2000 through anonymous sperm donation in heteroparental families. The parent participants include 20 families (20 mothers, 2 fathers) who used donor conception—mainly anonymous (19)—in France, Spain and the Czech Republic starting in the 1980s. 17 conceived as heteroparental couples, 2 as solo-mothers-by-choice and 1 as a same-sex couple. 17 have already informed their offspring of the facts of their conception. Main results and the role of chance The participants’ experiences of disclosure appear to be bound to their historical and social context, especially regarding the prevailing norms on secrecy. Older parents mention having been advised by clinic professionals to keep the facts of their conception from their child(ren). Some also feared the stigma related to infertility. In contrast, some younger donor conceived participants recall the use of a children’s book while being told of their conception as toddlers. Beyond age, the larger context thus affects information-sharing practices. Furthermore, experiences of disclosure are impacted by the family context and history. Some are embedded within larger events such as divorces or the death of a family member. The story of the donation may be linked to narratives of diseases (such as cancer) or traumatic events (such as the loss of a fetus in utero) that may prevail over donor conception or make it untellable. Age proves to be an insufficient criteria to qualify these experiences, all the more so since “disclosure” sometimes unfolds in several steps. Some parents have first talked about their fertility issues without mentioning the use of a donor. Behind the prevailing norm of “openness”, difficulties in actually disclosing are confirmed. Limitations, reasons for caution Being qualitative, the study only includes a small number of participants without claiming exhaustivity nor representativity. It imperfectly reports on the view of those who do not disclose, as all participants question the principle of secrecy, many being members of interest groups defending openness. Wider implications of the findings: Our results complement existing studies that emphasize the weight of age in donor conceived families’ experience regarding disclosure. Age alone cannot describe information-sharing practices that are embedded within their historical and social context as well as the family context and history. Results thus inform familial difficulties related to disclosure. Trial registration number Not applicable


2016 ◽  
Vol 45 (3) ◽  
pp. 24-39
Author(s):  
Nabila El-Ahmed ◽  
Nadia Abu-Zahra

This article argues that Israel substituted the Palestinian refugees' internationally recognized right of return with a family reunification program during its maneuvering over admission at the United Nations following the creation of the state in May 1948. Israel was granted UN membership in 1949 on the understanding that it would have to comply with legal international requirements to ensure the return of a substantial number of the 750,000 Palestinians dispossessed in the process of establishing the Zionist state, as well as citizenship there as a successor state. However, once the coveted UN membership had been obtained, and armistice agreements signed with neighboring countries, Israel parlayed this commitment into the much vaguer family reunification program, which it proceeded to apply with Kafkaesque absurdity over the next fifty years. As a result, Palestinians made refugees first in 1948, and later in 1967, continue to be deprived of their legally recognized right to return to their homes and their homeland, and the family reunification program remains the unfulfilled promise of the early years of Israeli statehood.


2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.


Sæculum ◽  
2019 ◽  
Vol 47 (1) ◽  
pp. 73-83
Author(s):  
Ionel Nariţa

AbstractBy „dispute” we mean an argumentative dialog where each of the two parts state opposite theses. Two sentences can be contrary if they have similar reference, but incompatible predicates (SIP – sentences with incompatible predicates). Usually, the disputes are solved using force in different ways, but that does not mean that the winner is right and his thesis is true. Therefore, we cannot evaluate a thesis on the ground of its success, but we need a reference mark for that. According to the Sophist school, the individual is the only reference mark, so any SIP is equally justified. The absolutist point of view claims that there is an objective reference mark and, consequently, the truth is, at its turn, objective and unique. Finally, the relativist orientation rejects any objective reference mark, but the right thesis is not arbitrary, as the sophists thought, it is true relatively to the state of the evaluator to a given moment. It follows that, for any evaluator, at a moment of time, only one SIP is true.


Balcanica ◽  
2004 ◽  
pp. 51-70
Author(s):  
Ivan Jordovic

The Focus of this study is the standpoint of the play Sisyphus and critias the leader of the thirty towards the right of the stronger. this is a question of constant interest in scientific circles, since its answer can serve as the indicator of the influence this famous theory has had. this interest has been encouraged by the fact that critias? authorship of the play is questionable. however, the question of the author is not of primary importance for this article, because there are some arguments, among some well known ones, which were not considered and which Show that in this satire, regardless of the author and the purpose of this fragment, the right of the stronger is actually non-existant. the first argument to support this theory is that nomosphysis antithesis is nowhere explicitly mentioned although it is the crucial element of the right of the stronger. in addition there is no claim in the play that the exploitation of the strong by the week or by law accrued. the second argument is that despite the incapability of laws to prevent the secret injustice, they and their importance for the human society are depicted in a positive light. it should also be noted that, unlike callicles and glaucon, laws are created to stop the bad and not the good. the third argument is that the invention of religion is accepted as a positive achievement, which finally enables the overcoming of primeval times and lawlessness. the reflection of this argument is a positive characterization of the individual who invented the fear of gods. the fourth argument, which has not been taken into consideration so far is the way the supporters and opponents of lawlessness are described and marked as ????? and ?????? in the satire only physically strong are considered as strong as opposed to callicles, where they are also spiritually superior. intelectually superior in Sisyphus is the inventor of the fear of gods who is also in favor of law and order. the fact that the strong are described as kako? while the supporter of law are recognized as ?????? is also of great importance. in other words, this division re?ects strong influence of aristocratic set of values by which the ?????? are in every way superior to the ?????. some other indications Show that critias cannot be listed as a advocate of the right of the stronger regardless of our previous conclusion about the play. we need to bear in mind the fact that critias has only recently been linked with the theory of the right of the stronger. in the classical period there had been non attempt to explain his ruthless politics in Athens 404/403 BC by Means of the right of the stronger. what is more, no indication that he supported this theory were found. unlike xenophon and philostratus, it is very likely that Plato and Aristotle were mild to critias Due to his family ties with Plato and his friendship with Socrates. however, all the four of them would have stated that critias was an upholder of the right of the stronger if he had actually been that. that way Socrates would have been completely acquitted of the responsibility for the crimes critias had committed, because of the possible assertion that critias was misled by this theory and succumbed to the negative influence of the sophistic teachings. based on these arguments we can conclude that there is no trace of the right of the stronger in the play Sisyphus and that critias did not support this theory. this satirical play and critias were Most probably under a great influence of aristocratic beliefs, which were often scientifically misinterpreted as the reflection of the right of the stronger.


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