Transformation of the concept of legal system in the conditions of globalisation

The purpose of the study is to identify the main trends and factors influencing the development of the theoretical concept of the legal system and possible categories derived from it. The methodological basis of the research is represented by such scientific methods as dialectical, logical, historical, predictive, systemic analysis and content analysis. This made it possible, in view of achievement of the said objective, to analyse the works of Russian and foreign comparativists, both the founders of modern comparative jurisprudence and novice researchers, as well as the materials of scientific conferences on the problem under investigation. The result of the study was the conclusion that the complex nature of the category “legal system” makes it possible to form a holistic picture of legal reality. At the same time, the result of the research depends on the criterion laid as a basis for this concept. The paper also substantiates the fact that presently one may observe a tendency towards a comprehensive understanding of the legal system, towards rejection of the formational approach in favour of the socio-cultural one, with regard for a number of other internal and external factors affecting the formation and functioning of the legal system. The novelty of the study was the conclusion that the concept of the legal system, as well as the categories derived from it, so far represent the basic theoretical function in formulating hypotheses, setting goals and objectives of comparative legal research. At the same time, the authors note that a unified approach to comprehending the essence, typology and classification of legal systems is objectively not possible in the conditions of multiple legal cultures and traditions of legal consciousness, which, ultimately, should be assessed as a positive stimulus for further research.

Daly’s critique of intelligibility of the concept of grounding

The great interest in the metaphysical concept of grounding during last decade in contemporary metaphysics had brought to the appearance of those authors who do not share the same enthusiasm as it?s proponents. In this paper, we deal with one such skeptical position defended by Chris Daly). His fundamental objections are based on the idea that the concept of grounding is unintelligible, that is, that the proponents of grounding failed to show that it is intelligible. In the first part of the paper, I will give a broad overview of basic characteristics of the concept of grounding and its theoretical function, while, in the second part, I will consider Daly?s main objections to it and attempt to answer them. In concluding considerations I will sum up my main points and conclude that Daly?s objections are not sufficiently strong to question the intelligibility of the talk of grounding.

‘MEMORY’ AND ‘OBLIVION’ IN CONTEMPORARY GERMAN LITERATURE

This article explores the concepts of memory and oblivion as dominant themes in the revision and reconstruction of the past in contemporary German literature. Michel Foucault’s method of discursive analysis and Jan and Aleida Assman’s memory theory are used to analyse narrative strategies employed by contemporary German authors. Historical, sociocultural, media, and psychological discourses are viewed as contributing to the formation of protagonists’ individual memories. The trajectory along which ‘functional memory’ transmutes from ‘comforting oblivion’ to the ‘loss of identity’, as depicted in the novels Abschied von den Feinden by Reinhard Jirgl and Animal triste by Monika Maron, is analysed in the context of the cultural trauma experience. A consequence of the traumatic experience is the splitting of the self and intrusion, which is expressed through random tormenting remembrances eluding narrative description. To the fore comes silence, which fulfils a narrative-theoretical function. Contemporary German novels written after 1989 are marked by asymmetry between cultural and individual memory. This asymmetry is manifested at the level of the protagonists’ speech and communicative disorders as well as in the inviability of memories beyond local spaces. Auto-communication, mediated reflection, de(re)construction of memories, and conscious oblivion become the principal models for the formation of individual, social, and national identity.

Emotional Tone of Dreams and Daily Affect

One theoretical function of dreams is emotion processing. However, few studies have examined how daily emotions in waking life (i.e., daytime affect) affect the emotional tone of dreams (i.e., dream affect) that night, and vice versa. This study examined daily bidirectional associations between dream affect and daytime positive and negative affect. Participants were 61 nurses who completed 2-weeks of ecological momentary assessments. If participants remembered the previous night’s dreams (nparticipants=50; ndays=268), they reported the dream’s emotional tone upon waking (‘0’=very negative to ‘100’=very positive). Participants also responded to a short-version of the Positive and Negative Affect Scale three times/day. Multilevel modeling was used to evaluate two temporal directions (dream affect→ daytime affect or daytime affect→ dream affect) at the within- and between-person levels. After adjusting for sociodemographic covariates, at the within-person level, daily positive affect was higher and daily negative affect was lower than usual on days following more positive dream affect (B=0.19, p<.05; B=-0.26, p<.05, respectively). When we added the other temporal direction, today’s positive or negative affect was not associated with dream affect that night. At the between-person level, nurses who reported more positive dream affect also reported more positive daytime affect (B=0.52, p<.01), but not less negative daytime affect (B=-0.34, p>.10). Findings suggest that dream affect is predictive of daily affect, but not the other way around. Future studies could further examine if emotions closer to sleep are more strongly associated with dream affect to motivate more precisely-timed affect interventions.

Wird Öffentlichkeit gemacht und, wenn ja, wie? Öffentlichkeit und ihre „Herstellung“ bei Jürgen Habermas, Oskar Negt/Alexander Kluge und Hannah Arendt

The practical interest driving many 20th-century theories of the public sphere led Hannah Arendt, Jürgen Habermas, and Oskar Negt/Alexander Kluge to focus upon the various practices that bring about, and keep alive, a public sphere. Looking for common ground between their accounts, this article argues that all of them rely upon the concept of “Herstellung” (fabrication/work), as distinguished from action or deliberation, for a critical analysis of these practices. While there are significant differences in the ways they deploy the concept, its theoretical function is similar in that it sheds light upon the institutional, organizational, and medial conditions for public agency to arise. The concept thus enables reflection upon the political relevance of practices such as writing books, making films, studying the past, and commemorating the dead, as well as upon the infrastructures and publics that are constitutive for them.

Workplace incivility: a literature review

PurposeThere have been strides in workplace incivility (WI), but in what direction, angles and theoretical streams are they taking place? In light of it, the purpose of this review is to analyze the overall WI research output yielded in the initial decades of this century.Design/methodology/approachThis investigation searched exclusively for empirical articles written in English that matched the terms incivility and WI in the websites of prominent peer-review publications covering the period of 19 years (i.e. 2000–2019). As a result, 93 peer-reviewed empirical studies were properly gathered and classified.FindingsWI is one of the most relevant topics in OB studies under scrutiny in this moment. Corroborating such a perception is the huge amount of outlets that have been publishing about WI. In this sense, it is a topic that has gained strong interdisciplinary status, given the manifested interest of very distinct areas. Cross-sectional studies have prevailed in terms of method preferences, yet other approaches have been used. Of noteworthy is the shortage of qualitative and meta-analytic studies. Data provided evidence that a very limited number of nations (only 18 countries) have been investigated and it is not exactly surprising that the United States be the target of the majority of studies in this field. The antecedents and consequences of WI are the major focus of the investigations. But I found some evidence that that WI has been tested as performing the role of measure, mediator and moderator.Research limitations/implicationsIt focused exclusively on peer-review journals and articles written in English.Originality/valueThis endeavor contributes to the theory of WI by encompassing crucial aspects such as time horizon, major outlets, study types, country-level output, samples features, constructs perused, theoretical function of WI and research outcomes. In addition, it points out new potential research streams.

The Theoretical Function of Democracy in Spinoza and Hobbes

In this chapter, Matheron examines the theoretical role played by an appeal to democracy in the political philosophy of Spinoza and Hobbes. The concern is thus not their respective theories of democracy, but rather who references to democracy undergird the theoretical legitimacy of all forms of political sovereignty. For Hobbes’s part, his thinking evolves from first arguing that other forms of sovereignty derive their absolute character from their being derived from democracy to the position that other forms of sovereignty are not derived from democracy, but nonetheless are constituted and the same way, ensuring they remain absolute. Spinoza, for his part, move from this latter position to the claim that all other forms of sovereignty are derived from democracy and therefore are never absolute. For Spinoza, right is coextensive with power, which in turn means that the ‘transfer’ of power from the multitude to a sovereign is never carried out once and for all, but rather is carried out at each moment, leaving open the possibility that the multitude could overturn the sovereign to the precise extent that they have the power to do so.

Estimation of Avalanche Development and Frontal Velocities Based on the Spectrogram of the Seismic Signals Generated at the Vallée de la Sionne Test Site

The changes in the seismic signals generated by avalanches recorded at three sites along a path at the Vallée de la Sionne (VdlS) experimental site are presented. We discuss and correlate the differences in the duration, signal amplitudes, and frequency content of the sections (Signal ONset (ON), Signal Body (SBO), and Signal TAil and Signal ENd STA-SEN) of the spectrograms with the evolution of the powder, transitional and wet snow avalanches along a path. The development of the avalanche front was quantified using the exponential function in time F (t) = K’ exp (β t) fitted to the shape of the signal ONset (SON section of the spectrogram. The speed of the avalanche front is contained in β. To this end, a new method was developed. The three seismic components were converted into one seismic component (FS), when expressing the vector in polar coordinates. We linked the theoretical function of the shape of the FS-SON section of the spectrogram to the numerical coefficients of its shape after considering the spectrogram as an image. This allowed us to obtain the coefficients K’ and β. For this purpose, the Hough Transform (HT) was applied to the image. The values of the resulting coefficients K’ and β are included in different ranges in accordance with the three types of avalanche. Curves created with these coefficients enable us to estimate the development of the different avalanche types along the path. Our results show the feasibility of classifying the type of avalanche through these coefficients. Average speeds of the avalanches approaching the recording sites were estimated. The speed values of wet and transitional avalanches are consistent with those derived from GEODAR (GEOphysical Doppler radAR) measurements, when available. The absence of agreement in the speed values obtained from seismic signals and GEODAR measurements for powder snow avalanches indicates, for this type of avalanche, a different source of the measured signal. Hence, the use of the two measuring systems proves to be complementary.

Tras la comunidad. De la Gemeinschaft sociológica a la “comunidad ideal de comunicación” en la ética de Apel

Se pretende mostrar la coincidencia entre el papel que desempeña la idealizada Gemeinschaft en algunos sociólogos clásicos (como instancia crítica de los males de las sociedades modernas) con la función teórica del a priori de la “comunidad ideal de comunicación” en la ética de Apel (en tanto que principio regulativo de los reales procesos dialógicos). Se compara la futurible “comunidad ideal” con la pasada “vida comunitaria” de los consensos morales. Hoy nos encontramos después de la sociológica Gemeinschaft (primer sentido de la preposición “tras”) pero hemos de caminar hacia la comunidad ideal de comunicación (segundo sentido de “tras”). ABSTRACT: The present contribution aims to illustrate the close relation between the role played by the idealized Gemeinschaft in some classical sociologists (as a critical element of modern societies’ ills) and the theoretical function of the “ideal communication community” as an a priori in Apel’s ethics (as a regulative principle of actual dialogic processes). With that aim, I will compare the possible future “ideal community” to the past “community life” of moral consensus. Now we live after the sociological Gemeinschaft (first sense of the preposition “after”) but we must go after the ideal communication community (second sense of “after”).

The Oxford Handbook of Jurisdiction in International Law

Jurisdiction in international law limits the exercise of legal authority over international legal subjects. Yet, despite the fundamental role that jurisdiction plays in international law, the concept remains underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality or use the SS Lotus decision of the Permanent Court of International Justice (PCIJ) as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-state forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. Consequently, it is necessary to re-examine the concept of jurisdiction in international law with reference to its history, its contemporary application and how it needs to adapt to encompass future developments in international law. This book provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. It provides fresh insights into the practical and theoretical function and content of the doctrine of jurisdiction in contemporary international law. By examining the concept of jurisdiction in international law thematically, the book considers jurisdiction from historical, theoretical and practical perspectives. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings. The book is an invaluable resource for academics, students and practitioners with an interest in the role of jurisdiction in international law.