The role of perceptions about trade and inequality in the backlash against globalization

Many countries in the Western hemisphere are experiencing a political backlash against globalization. When explaining this phenomenon, much of the extant research draws on the distributional effects of international competition, in particular the opposition to trade by those who are adversely affected. Using cross-sectional data on subjective well-being from the World Values Survey and the European Values Study and combing these self-reports with trade and incomes data, this paper contributes to this strand of research by focusing on the subjective element in the formation of anti-trade sentiments. It thus explores how the role of international trade in the income distribution is being perceived at the individual level. Simulations based on the data reveal that matters of income inequality are evaluated differently, depending on how deeply the respective economy is integrated into world markets: results suggest that the extent of trade globalization amplifies any negative effect of income inequality on subjective well-being. If the role of international openness in the income distribution is perceived to be more pronounced than it actually is, the subjective element has wider politico-economic implications; it carries the risk of costly anti-trade policies without necessarily narrowing the income distribution.

La modernità cartesiana: un paradigma di interpretazione

Descartes is usually considered as the father of Western rationalism and the thinker who made the cogito and the subjective element the cornerstone of philosophical investigation. This article aims to analyze the history of this hermeneutic paradigm by verifying the main turning points which transformed this reading into the traditional approach to Cartesian thinking and modern philosophy. Starting from M. Heidegger’s analysis, the article proceeds backwards and identifies the main phases of this interpretation giving a sharper focus on F. Nietzsche, F. W. J. Schelling, G. W. F. Hegel and, lastly, I. Kant. At the end of the analysis, the article highlights the significant continuity of the different interpretations: even those philosophers, such as Heidegger and Nietzsche, who radically questioned the Cartesian modernity paradigm, assumed the same interpretation which supported that paradigm among their premises and allowed this interpretation to prosper and dominate the hermeneutic scene still nowadays.

2. Sources of international law

This chapter examines the sources of international law, ie the norms of international law that give validity to all the other international legal norms. These are enumerated in Art 38 ICJ Statute. Although quite dated, this Article is still considered as enunciating an authoritative list of the sources of international law. These are treaties; custom; general principles of law recognized by States; judicial decisions; and international theory as subsidiary sources. Particular emphasis is placed on custom, consisting of an objective element, the general practice of States, and a subjective element, the opinio juris, ie consisting of a legal conviction. There is no hierarchy between the sources of international law and both treaties and custom may exist alongside each other.

Conclusion

The conclusion re-articulates the book’s model of the solitary sphere in the age of Virgil within the context of imperial politics, showing how this sphere helped shape new coordinations of cosmos, imperium, and the individual. It shows the role played in this process by newly popular genres like pantomime and the newly (or newly fashioned) subjective element of literary characterization, and demonstrates how this sphere’s new forms are embodied by two work from after the age of Virgil: Manilius’ Astronomica and one of Marcus Argentarius’ epigrams. Following comparison of their figures of the solitary singer with the companionate model of reading evinced by other works before, during, and after the age of Virgil, it shows how Tiberianus’ Amnis ibat took up the age of Virgil’s terms for the solitary sphere in order to invite the reader to think of oneself, with his poem, as an imperium of one.

ISU KESEHATAN DALAM SENGKETA IMPOR DAGING AYAM ANTARA INDONESIA – BRAZIL DI WTO

This paper discusses the issue of human health protection as one of the exceptions of GATT obligations, considering the elements in Article XX (b) of GATT are still general in nature and thus have the potential to bring different interpretation. Focusing on the elements of "necessary to protect human life or health" and "arbitrary or unjustifiable discrimination", this paper seeks to explore the various meanings of Article XX (b) GATT, including its implementation in an in concreto dispute, namely Indonesia's dispute with Brazil over chicken meat import policy. The result shows that the element of "necessary to protect human life or health" will be deemed if the state can demonstrate the existence of health risks, adopt necessary policies that mitigate such risks, and there is no other policy alternative more friendly to international trade available. In relation to the more subjective element of "arbitrary or unjustifiable discrimination", the principle of good faith has not yet given a place in the consideration of this element.

STUDY OF PECULIARITIES OF PEDAGOGICAL CONTROL OF PUPILS 'TRAINING

The aim of the work was to study the features of pedagogical control of schoolchildren's learning in a modern general education school. Research methods: theoretical: a review of psychological and pedagogical literature on research issues. The advantages of the system for assessing the degree of training are that each subsequent parameter is qualitatively higher than the previous one, and the system as a whole assesses the growth of knowledge and skills of students and the proposed parameters are convenient to operate in practice during the current assessment of knowledge, skills and abilities of students. The disadvantage of the system - the last parameter - "transfer" - characterizes as the student's ability to solve problems of a heuristic and creative type, ie. this stage requires detailing. The teaching function of control is to determine the content, techniques and methods of control, which are educational in nature. Any controlling task, except for the controlling function, trains students in the implementation of specific educational actions, ensuring a more solid mastery of these actions. The controlling task includes an element of novelty in the informative and substantive terms, providing an expansion of the cognitive horizons of students, developing and increasing the learning value of control. It is difficult to eliminate the subjective element of pedagogical control due to various circumstances: the designation of learning outcomes is rather arbitrary: knowledge, abilities, skills, assimilation, academic performance, etc .; methods of direct measurement of educational activity have not been developed, and it is judged indirectly by the answers, by the actions of students. Pedagogical control is an important component of the educational process that influences the result, the course of training and education. This problem is one of the most urgent in teaching practice.

Violence

This chapter deals with the questions of violence and Hobbes' theory of the state. Violence refers to a variety of different types of action. The chapter draws an important distinction between two main types of violence: physical violence (often referred to as simply 'violence'), and moral violence (often qualified by other terms, such as 'spiritual', 'structural' or 'psychological' violence). Both physical and moral violence are coercive and engender resistance. They are coercive in the sense that they seek to change the behaviour of others. But violence also has a subjective element. For it to qualify as violence, it needs to be perceived as such by others. Typically, violence needs to be recognized as such by those on whom it is exercised. The term 'violence', when used on its own, implies that there is a physical aspect to it. Non-physical uses of the term 'violence' need it to be qualified, typically, for interlocutors to make sense of what type of violence is being discussed. Physical violence is material in that it uses material means to achieve its ends. Moral violence is the result of attempting to achieve ends through blackmail, spying and manipulation. This bureaucratic violence, as a form of moral violence, is the one that is characteristic of the modern nation state and largely explains its successes and failures. State violence today relies mostly on this type of moral violence to create compliance.

ANALISIS PUTUSAN BEBAS TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI MAKASSAR

Penelitian ini bertujuan untuk mengetahui proses penerapan hukum pidana materiil dalam tindak pidana narkotika, mengetahui pertimbangan hakim tentang hal – hal yang memberikan penjatuhan Putusan Bebas Pasal 191 KUHP Ayat (1) terhadap terdakwa tindak pidana narkotika, menganalis dan mengamati fakta – fakta pada persidangan. Penelitian ini dilaksanakan di Kantor Pengadilan Negeri di Kota Makassar. Hasil Putusan 1434/Pid.Sus/2018/PN Mks. Jaksa Penuntut umum menggunakan dakwaan alternative Pasal 114 ayat (2) Jo Pasal 132 ayat (1) Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika atau pasal 112 ayat (2) Jo Pasal 132 ayat (1), dimana unsur dan pasal saling berkesesuaian, namun berdasarkan fakta persidangan dan pengakuan saksi-saksi khususnya saksi a de charger dimana pasal yang didakwakan memuat unsur subjektif yaitu setiap orang, namun fakta antara apa yang didakwakan unsur setiap orang (terdakwa) tidak memiliki hubungan dari pengembangan atas kasus narkotika, sehingga atas keterangan tersebut majelis berkesimpulan bahwa unsur setiap orang pada pasal ini tidak terbukti, oleh sebab itu sudah sepatutnya terdakwa dibebaskan dari dakwaan, mengingat ketentuan pasal 191 KUHP ayat (1) dan ketentuan Hukum lainnya yang saling berkaitan. Hasil penelitian ini menunjukkan bahwa pelaksanaan Proses persidangan berjalan tanpa mengesampingkan penyelenggaraan kekuasaan kehakiman pada kasus tindak pidana narkotika. This study aims to determine the process of applying the material criminal law in narcotics crime, to know the judge's considerations on matters that provide the ruling on Article 191 of the Criminal Code Free Verdict Paragraph (1) against narcotics criminal defendants, to analyze and observe facts at the trial. This research was conducted in the District Court Office in Makassar City. From this study, the authors get the verdict of 1434 / Pid.Sus / 2018 / PN Mks. The Public Prosecutor uses the alternative indictment of Article 114 paragraph (2) Jo Article 132 paragraph (1) of Law Number 35 Year 2009 concerning Narcotics or Article 112 paragraph (2) Jo Article 132 paragraph (1), where the elements and articles are compatible, but based on the facts of the trial and the testimony of witnesses especially witness a de charger where the article charged contains a subjective element that is each person, but the fact between what is charged by the element of each person (the defendant) has no relationship with the development of narcotics cases, so based on the information the panel of judges concluded that the element of each person in this article was not proven, therefore the defendant should have been acquitted of the indictment, bearing in mind the provisions of article 191 of the Criminal Code paragraph (1) and other interrelated legal provisions. The results of this study indicate that the implementation of the Trial Process proceeded without prejudice to the implementation of judicial authority in narcotics crime cases.

The concept of knowledge as a subjective element in the criminal offense of crimes against humanity

The subject of this paper is the analysis of knowledge as a subjective element in terms of crimes against humanity in international criminal law. Starting from the fact that committing an act within a widespread or systematic attack against a civilian population is a circumstance that turns a "common" crime into a crime against humanity, the paper seeks to answer the question of whether knowledge of committing an act within such an attack is an independent subjective element and whether there is a unified position regarding the necessary content of knowledge in international criminal law. The paper is based on a linguistic, normative, systematic and comparative legal analysis of relevant provisions of international criminal law sources, a documentary analysis of sample judgments of the three most important international courts, as well as a case study that analyzes this subjective element in the legislation and case law of Bosnia and Herzegovina. The results of the research show that in terms of the independence of knowledge as a subjective element in crimes against humanity, there is a relatively consistent position in international criminal law, while in terms of the content of knowledge there is no such agreement.

The Consequences of Attitude of an Individual to the Committed Crime in Law

The relevance of the article lies in the presence of problematic issues in establishing the guilt of a person who committed acts prohibited by the criminal code. The doctrine of criminal law stands on the positions of the psychological theory of guilt, in this connection, the establishment of the subjective element of the corpus delicti presents certain difficulties, which, in turn, lead to the admission of objective imputation. In this regard, an attempt has been made to analyze in detail one of the aspects of the criminal law theory of guilt – the attitude of a person to the consequences of a crime committed by him, as required by each of the forms of guilt. At the same time, the emphasis is placed on the possibility of foreseeing the social danger of those consequences that are enshrined in the criminal law, or are assumed as a result of a committed criminal act. It is concluded that it is necessary, within the framework of establishing guilt, to study in detail the psychological attitude of a person to the harmful consequences caused by the crime he has committed, which will contribute to a more accurate definition of the psychological signs of a crime and, accordingly, a more correct qualification.