The Principle of Proportionality, Article 8 of the ECHR and Swedish Care Orders in Cases of Neglect. A Sketch of a Theoretical Framework

2021 ◽  
Vol 14 (4) ◽  
pp. 7-22
Author(s):  
Katarina Alexius

This study conducts an analysis of the rights in article 8 of the ECHR and the application of the proportionality principle when Swedish care orders may be regarded as a necessary interference in family life. The study has been based on an interdisciplinary approach. Text documents were studied through socio-legal methods and perspectives, by combining knowledge from legal sources and social sciences research through a content analysis derived from formal and substantive legal certainty. The article concludes that reasoning in Swedish administrative courts should routinely consider proportionality in cases of neglect, and sets out to sketch a theoretical framework for the principle of proportionality in decisions on care orders. The results show that, since decisions in child welfare cases cannot be made completely uniform and predictable, the focus of decisions in social child welfare work must be to satisfy the objectives and values of substantive legal certainty, instead of unrealistically striving for formal legal certainty through equal treatment and predictability. The results also show that, by requiring those who exercise public authority to present their assessments based on proportionality, new demands are made for the quality and efficiency of involuntary out-of-home placements. Child welfare investigations should nowadays include impact assessments that clarify the advantages and disadvantages of the care in relation to the risk of harm from the original home conditions. Abuse and neglect in out-of-home placements will therefore be of growing importance in decisions on care orders in the future.

Author(s):  
Gintarė VAZNONIENĖ ◽  
Bernardas VAZNONIS

In this article the significance of wellbeing research in the regional level in Lithuania has been analyzed, the advantages and disadvantages of the objective and subjective wellbeing research have been evaluated. The results of the analysis of wellbeing research reveal that the wellbeing research in the regional level is poorly amplified, the wellbeing research in the social sciences is not marked, the wellbeing is investigated in other fields not in social sciences or according to the aims of the researher and more often causes and outcomes of social economical inequality for regional development are emphasized. Scientific studies show that wellbeing research can have big influence for shaping the future of regions because it concerns local people, their choices and overall wellbeing of a particular region. Findings from foreign countries good practice disclose that wellbeing is currently widely used as a key factor and trend for the development policy evaluation. Accordingly in this article big attention is drawn to wellbeing research possible effect for policymakers. It can be concluded that wellbeing research should become an important discussion object in the regional development context because it reveals the situation about people overall wellbeing and particular life domains. The main aim of this article is to analyse the importance of wellbeing research to regional level in Lithuania. The research problem of this article is the fact that the poor experience of wellbeing research in Lithuania insufficiently reveals the wellbeing expression and use in the regional level. In the research common research methods like analysis and synthesis of the scientific literature, analysis of documents and comparative analysis have been employed.


2001 ◽  
Vol 11 (4) ◽  
pp. 575-597 ◽  
Author(s):  
Aviva Geva

Abstract:Business myth is generally treated in business ethics literature as a mental obstacle that must be removed in order to prepare the ground for rational thinking on the ethical aspect of business conduct. This approach, which focuses on the content of myth, does not explicate the nature and function of myth. Based on the study of myth in the fields of humanities and social sciences, this paper develops a theoretical framework and analytical tool—the revolving-door model—for researching myth in business. The proposed framework (1) offers new perspectives on myth: the consumer’s, the producer’s, the mythologist’s, and the ethicist’s; (2) explicates various distortion mechanisms of the myth; and (3) enables a redefinition of the relation of business myth to business ethics. The applicability of this framework is demonstrated by means of a real case which sets the stage for examining a set of common myths.


2015 ◽  
Vol 1 ◽  
Author(s):  
Gubara Hassan

The Western originators of the multi-disciplinary social sciences and their successors, including most major Western social intellectuals, excluded religion as an explanation for the world and its affairs. They held that religion had no role to play in modern society or in rational elucidations for the way world politics or/and relations work. Expectedly, they also focused most of their studies on the West, where religion’s effect was least apparent and argued that its influence in the non-West was a primitive residue that would vanish with its modernization, the Muslim world in particular. Paradoxically, modernity has caused a resurgence or a revival of religion, including Islam. As an alternative approach to this Western-centric stance and while focusing on Islam, the paper argues that religion is not a thing of the past and that Islam has its visions of international relations between Muslim and non-Muslim states or abodes: peace, war, truce or treaty, and preaching (da’wah).


2019 ◽  
pp. 14-17
Author(s):  
B. E. Nosenok

Cultural studies as a humanities researcher takes the place of an expert. The relevance of this topic is due to the lack of development of the issues of “culture-based studies” in Ukrainian culturology. There is a lack of translated into French or Ukrainian languages of French sources published since 1975. French culturological science, which developed after 1975, is almost not represented in Ukrainian culturology. The present stage of the development of French historiography, which lies at the heart of cultural history, and cultural studies, is associated with increased attention to social knowledge. This stage is characterized by the deployment of a “critical turn”, which proceeds from the following principles: the interdisciplinary approach, the significance of cultural expertise, the severity of publications and the multiplicity of their forms, multidisciplinarity. The “critical turn” affects the following spheres of knowledge: la Culturologie, les Études culturelles, les Sciences de la Culture. The article substantiates the relevance of the use of the concept of “culture-based studies” to the definition of processes that are unfolding within the framework of French humanities and are associated exclusively with the theoretical formations in the context of the social sciences. The purpose of the article is to outline a map of culture-based studies in the field of French humanitaristics. The methodology of the article is based on the application of interdisciplinary and multidisciplinary approaches to research in the field of culturology. Also, methodological developments in the field of “critical turn” and the achievements of the sociological circle and the interdisciplinary discussion club “Eranos” were applied. The scientific novelty of the article is to substantiate the appropriateness of the use of the concept of “culture-based studies” on the definition of processes that are unfolding within the framework of French humanitaristics and relate exclusively to theoretical formations in the context of social sciences. This concept to the field of Ukrainian culturology is introduced for the first time. Also, for the first time, the place and forms of culturology in French humanities were clarified. Conclusions. Working with a source base and methodology is one of the points that are compulsory on the way to the solution of the tasks, the main of which is the formation of the body of fundamental works for French history (including the history of culture) and historiography of the period since 1975 year to the present day. On the basis of this building, there is the prospect of building an alternative national cultural history project addressed to the vector of the French historiographical, historical-anthropological and cultural-related issues in the field of social knowledge. The article presents the arguments why it is appropriate to use the concept of “culture-based studies” in the context of conducting research in relation to French humanitaristics, in particular, the modern period of its development.


2012 ◽  
Vol 1 (3) ◽  
pp. 533
Author(s):  
Mohammed Viquaruddin

This paper is an attempt regarding the general social/economical/ecological/political and more environments of world certainly with multidisciplinary/interdisciplinary approach. It is discussed that the problems of fore further can besolved through facts/reasoning/science/environment/social sciences etc. As beinga student of political science even peace science a try that can come into existenceor can be practiced only through many dimensions. The philosophy is developedto resist with whatever means we have in hand and are willing to fight for a betterscenario which would be something out of our reach! But can achieve through apositive and plural system not certainly perfect but different in its approach.Achievement to the threats and problems to the liberal vision are pervasive and thesystem is in much greater problematic that is commonly supposed. Protecting/Preserving/ Commanding it in the coming century and beyond will be easier saidthan done! We do not foresee the renaissance of any type we should be sure aboutthat alternative World Multidimensional System (WMS) could reasonably competewith the present multidimensional system on theoretical or practical grounds. It isnot enough that this system display substantial practical advantages and genuinetheoretical coherence. No one can deny that world get profit from present system.


2020 ◽  
Vol 41 (2) ◽  
pp. 653-664
Author(s):  
Matteo Cvenček

Moral and moral values are increasingly questioned in today's society when it comes to a multiplicity of vices that are becoming available to a larger number of people. Gambling, as a form of hazardous activity, is reaching every space and every liberal country through digitalization. Internet and online business have made it possible to spread gambling and thus to increase the number of participants in such games. Apart from some basic doubts about the morality of such games, especially regarding young players, there also appears the issue of state interests in monopoly systems ordered by national laws. A policy driven by state interests has paved the way for restricting gambling providers by blocking those providers or blocking the access to the content of certain webpages. The linked ban is debatable at least from the aspect of the constitutionality of the mentioned measure. Despite of this, measures prohibiting access to a certain internet content should be evaluated individually, in accordance with the principle of proportionality and in line with the requirement of legal certainty. This paper therefore addresses the need to introduce such a measure in the Croatian tax legislation with comparative examples of justifications for this measure and also deals with the problem of its possible abuses by the Croatian Tax Administration, thereby subtly introducing the complete control of the content of websites.


Author(s):  
Mara Zeltina

The complexity of environmental and sustainability challenges has created an ongoing need for innovative and integrated approaches to address them. Design disciplines have a long history. The method “design thinking”, originally applied in architecture, engineering and business, has led to new and creative problem solving, thus creating much potential for use in sustainable development planning. While principles of good design are well established, there has been limited integration of design thinking with environmental science, sustainable development planning and education. This research was focused on how a sustainability approach can be merged with design thinking to develop socially responsible and environmentally sustainable products and services. The case study has been carried out in the master’s study course Sustainable Development Planning. Some of basic principles and stages of design thinking, such as empathy, creativity, collaboration, responsibility and interdisciplinary approach have been tested by using students project work evaluation regarding certain criteria and survey after the study course. The first results of approbated design thinking principles and methods, significant advantages and disadvantages and the perspective of using this method have been analysed and discussed. As the result from this study proposals for the improvement of the content of this study course and related study courses (a study course on sustainable development issues is compulsory in all undergraduate study programs in Latvia) and for the specification of test tasks have been developed, considering also future needs to provide the study course remotely.


2019 ◽  
Vol 17 (3) ◽  
pp. 222-244
Author(s):  
Marina N. Volf

The views of M. Mandelbaum on the historiography of philosophy have undergone a certain evolution. The paper shows the epistemological foundations of Mandelbaum’s historical and philosophical position. From the standpoint of critical realism and its application to social sciences Mandelbaum shows the advantages and disadvantages of the monistic or holistic approaches, partial monisms and pluralism. He considers A. O. Lovejoy's history of ideas to be the most reasonable pluralistic conception, although its use as a historical and philosophical methodology is limited. Intellectual history, which replaced it, should be called a partial monism, however, according to Mandelbaum, it gets a number of advantages if it begins to use a pluralistic methodology. In this version of methodology, the history of philosophy and intellectual history can be identified. The paper also presents some objections of analytic philosophers against this identification.


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