scholarly journals El contenido jurídico del concepto del libre desarrollo de la personalidad en los sistemas constitucionales alemán y español

Author(s):  
Mariusz Ryszard Kosmider

Aunque el concepto del libre desarrollo de la personalidadse posiciona distintamente en los ordenamientos constitucionalesalemán y español, respectivamente como derecho fundamentaly como principio rector, el contenido del mismo no tiene por quédiferenciarse. Contextualizando estas referencias con otras legislacionesnacionales, disposiciones internacionales, con la jurispruden-cia, la doctrina y las reflexiones extrajurídicas para la interpretaciónlingüística (literal), el artículo busca descubrir los rasgos universalesdel dicho concepto y desglosar su contenido con el fin de ofreceruna acepción jurídica vasta adaptable comúnmente en cualquiersistema legal que reconozca el valor de la composición libre y plenade la personalidad del individuo, así como también evaluar las ventajassociales de la protección jurídica explicita del bien (valor) dellibre desarrollo personal. Se llega a la conclusión que el significadodel concepto del libre desarrollo de la personalidad a parte de relacionarsecon la libertad de acción del sujeto, es decir de expresarselibremente en la esfera externa y de iniciación y mantenimiento derelaciones sociales exentas de intromisiones, impedimentos y autocensura(la protección de la vida privada y social), consiste en poderdesarrollar libremente y plenamente la esfera interna de lo psíquico,intelectual, cognitivo, artístico, emocional y espiritual de la persona.Although the concept of the free development of thepersonality is distinctly positioned in the German and Spanish constitutionalorder, respectively as the fundamental right and the guidingprinciple, its meaning does not have to be differentiated. Contextualizingthese references within other national legislations andinternational law for the systematic interpretation and within jurisprudence,doctrine and extrajudicial reflections for the linguistic(literal) interpretation, the article seeks to discover the universalfeatures of this concept and break down its content trying to givea vast and common juridical meaning suitable for any legal systemthat recognizes the importance of the free and complete compositionof the personality of the individual, as well as to evaluate the socialadvantages of the explicit legal protection of the good (value) ofthe free personal development. It is concluded that the meaning ofthe concept of the free development of the personality besides relatingitself to the freedom of action of the subject, i.e. the right to expressyourself freely in the outer sphere and the initiation and maintenanceof social relationships free of interferences, impedimentsand self-censorship (the respect for private and social life), consistsof the right to the development of the inner (personal) sphere of thepsychic, intellectual, cognitive, artistic, emotional and spiritual nature.

1929 ◽  
Vol 19 (1) ◽  
pp. 67-87 ◽  
Author(s):  
Jocelyn Toynbee

The paintings in the triclinium of the Villa Item, a dwelling-house excavated in 1909 outside the Porta Ercolanese at Pompeii, have not only often been published and discussed by foreign scholars, but they have also formed the subject of an important paper in this Journal. The artistic qualities of the paintings have been ably set forth: it has been established beyond all doubt that the subject they depict is some form of Dionysiac initiation: and, of the detailed interpretations of the first seven of the individual scenes, those originally put forward by de Petra and accepted, modified or developed by Mrs. Tillyard appear, so far as they go, to be unquestionably on the right lines. A fresh study of the Villa Item frescoes would seem, however, to be justified by the fact that the majority of previous writers have confined their attention almost entirely to the first seven scenes—the three to the east of the entrance on the north wall (fig. 3), the three on the east wall and the one to the east of the window on the south wall, to which the last figure on the east wall, the winged figure with the whip, undoubtedly belongs.


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.


2017 ◽  
Vol 9 (3) ◽  
pp. 264-276 ◽  
Author(s):  
Valarie A. Zeithaml

Purpose By examining my personal development and career trajectory, I hope to share some insights into life as an academic. My particular path has contained, as most paths do, twists and turns. As I look back, they all seem somehow related to each other, but they were not all planned. Design/methodology/approach I will discuss my life and career in chronological order, then reflect on my career and research philosophy. I will also discuss several of my most cited articles and how they emerged. Findings I emphasize research that is both academically rigorous and relevant to business. I also show that passion for a subject, even one that is risky and not encouraged by others, has resulted in lifelong interest and inspiration for me. While not appropriate for all because of the risk, I found it worth taking a chance, largely because I was highly inspired by the subject. Practical implications Research that is programmatic has benefits because it allows a scholar to own an area. Also, working with the right co-author teams – sometimes ones where different talents are distributed across the team is effective. Originality/value The story and opinions are mine alone.


Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article


2019 ◽  
Vol 31 (5) ◽  
pp. 1339-1344
Author(s):  
Baki Koleci

We, as individuals, continually through our lives, learn and acquire the knowledge, skill, and skill we expect to help us employ or apply appropriately in order to gain a living and secure our survival. Everyone wants to build a successful career with which he can be proud of his life. However, this is not always so easy and simple, it requires a lot of sacrifices, concessions, compromises with our partners, the family, close social relationships, and finally with ourselves. In this paper, the subject of the research is the determination of career development, career stages, career factors, then expert opinions, the difference between traditional and modern career views, goals pursued by individuals in the career, and so on, Career development can be seen as an experience of individuals (an internal career) and this is not related to an organization. Although the responsibility for career management is in the hands of individuals, individuals, however, organizations can play a key role in shaping and developing careers by providing help and providing support. Career development can not be pursued individually or separately from the personality as a whole, meaning it reflects on the context of life and the development of the person as a whole, not just personality as work. The main goal in career development is to realize the current and future needs and goals of the organization and individuals, which has to do more with developing employment opportunities and improving the skills needed for employment. Career success is reflected in the eyes of the individual and can be defined as a career pleasure through achieving personal goals related to the work, while at the same time enhancing the success and efficiency of the organization.


Author(s):  
Ben Qara Mustafa Aisha

This study aimed to identify the international, regional and even national efforts to protect the rights and privacy of the individual from the impact of informatics, and the extent to which it succeeded in achieving this. To achieve this, the researcher used the analytical method by explaining the new technical challenges to personal data and various legal mechanisms to protect this right. The research was based on an introduction, two papers and a conclusion. The first topic was entitled "What is the privacy of informatics and the dangers it faces in the digital age", while the second topic is devoted to international and regional efforts to protect information privacy. The results of the study showed that most of the legislations, especially the Arab ones, are not able to deal with violations of personal data, and concluded that new legal rules must be enacted to protect information privacy, based on established international principles in the field of informatics.


2016 ◽  
Vol 2 (2) ◽  
pp. 165
Author(s):  
Idwin Irma Krisna ◽  
Djemari Mardapi ◽  
Saifuddin Azwar

The aim of this article was to classify The Indonesian Scholastic Aptitude Test or Tes Bakat Skolastik (TBS) results for each subtest and describe scholastic aptitudes in each subtest. The subject of this study was 36,125 prospective students who took the selection test in some universities. Data analysis began by estimating  testees’ ability using the Item Response Theory, and benchmarking process using the scale anchoring method applying ASP.net web server technology. The results of this research are four benchmarks (based on cutoff scores) on each subtest, characters which differentiate potential for each benchmark, and measurement error on each benchmark. The items netted give a description of the scholastic aptitude potential clearly and indicate uniqueness so that it could distinguish difference in potential between a lower bench and a higher bench. At a higher bench, a higher level of reasoning power is required in analyzing and processing needed information so that the individual concerned could do the problem solving with the right solution. The items netted at a lower bench in the three subtests tend to be few so that the error of measurement at such a bench still tends to be higher compared to that at a higher bench.


Author(s):  
Marian Bedrii

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.


2021 ◽  
Vol 291 ◽  
pp. 05008
Author(s):  
Viacheslav Sukhorukov ◽  
Yuriy Gladkiy

The exclusive role of culture and education in the modern strategy of sustainable development is emphasized. For so many centuries, culture and education had a distinct flavor of luxury and were available, as a rule, to a select few. Currently, there is a widespread expansion of culture and education, and indicators of upbringing and training have become the primary condition for the sustainable existence of society and the individual. The question arises: what is the hidden primacy of culture and education today? The authors call the answer to it moral postulates and enlightenment, which affect not only the human mind, but feelings and soul, giving rise to desires and actions that obey the will. It is concluded that ideals, beliefs and other qualitative characteristics of a person are the main regulators of sustainable social life. Thus, the role of culture and education is to implement social harmony and ensure the quality of life of people.


2020 ◽  
Vol 7 (2) ◽  
pp. 214-241
Author(s):  
Hemin Majeed Hasan ◽  
Baqir Dawd Hussein ◽  
Kamil Omar Sleman

This research deals with the subject of the Kurdish media in relation to the right of self-determination, which the Kurds prepare for its central cause and struggle for it. The importance of this research comes from the importance of its basic components represented by the Kurdish media and the right to self-determination, where they combine the equation of influence and influence, which is the operator of the formative relations of things and designed in all human groups, including the community of the region, in addition to being one of the few Kurdish studies in this field, To cast its positive on the operators of the terms of reference.The aim of this research is to realize the levels of interest of the Kurdish media in the concept of the right to self-determination and its role in conveying its meanings and implications to the Kurdish individual, as well as to identify the mechanisms used by this media to convince the individual mentioned this right and activate his tendencies toward him.The research depends on the university teachers, in addition to their field dimension, because they are the most appropriate and the right to express opinions about such strategic issues and their details and implications, because of their knowledge, scientific, specialized and other structural participants, as well as their structural representation of various social components in the Kurdistan Region.


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