Reconciling fragmented sectors of health research regulation: toward an ecosystem of processual regulation

The delivery of good outcomes from human health research is entirely dependent on the proper functioning of the attendant regulatory systems. This article focuses on the processes of regulation themselves, and how these might be better understood, so that regulators and other stakeholders have a strong normative basis upon which to pursue the regulatory objective of achieving outcomes with maximum social value. The argument is made that the concept of ‘processual regulation’—which promotes a whole systems approach to regulation—can assist greatly in the design, implementation, and review of human health research. This moves beyond the current often-fragmented approach to regulation towards a joined-up, reflective, and responsive system that has fitness-for-purpose at its core.

Harmonising with Heaven and Earth: Reciprocal Harmony and Xunzi’s Environmental Ethics

Xunzi’s philosophy provides a rich resource for understanding how ethical relationships between humans and nature can be articulated in terms of harmony. In this paper, I build on his ideas to develop the concept of reciprocal harmony, which requires us to reciprocate those who make our lives liveable. In the context of the environment, I argue that reciprocal harmony generates moral obligations towards nature, in return for the existential debt that humanity owes towards heaven and earth. This can be used as a normative basis for an environmental ethic that enables humanity and nature to flourish together.

Self-determination and “the Right to Specificity”. Concerning Hegel’s Theory of Modern Freedom

In this paper, it will be shown that Hegel’s philosophical thematisation of subjective freedom has given a fundamental contribution to the historical innovation of modernity, which regards not only human rights, but also norms and values. Besides, it played an important role concerning the cultural transformation, i.e., the process of the realization of the historical innovation oriented towards the ideals of modern freedom. To show this, the author will focus on some passages from Hegel’s Philosophy of Right of 1820, in which Hegel regarded subjective freedom as universally-normative and, at the same time, as socially and historically contextualized (situated, respectively). Hegel, namely, explicates modern freedom in its ideality and moral normativity, addressing its realization in particular forms of life. Marriage, for instance, as it will be shown towards the end of this contribution, exemplified as the right to particularity, is the normative basis of modern subjective freedom. Tensions and collisions will permanently challenge this type of freedom and also require permanent (and self-defeating) efforts invested in striving for a (too contextualized and situated) „reconciliation“ (in Hegel´s terms Versöhnung).

The Problems of Compensation Employement Termination Due to Covid-19

This study aims to answer employers dilemma during the Covid-19 pandemic to carry out labor efficiency by termination of work. The Cipta Kerja regulation number 11 of 2020 which is complemented by Government Regulation number 35 of 2021, as a normative basis for providing compensation for layoffs is considered a sufficiently mitigating solution when compared to previous labor legislation. However, what about the company's financial condition is not sufficient to provide compensation in accordance with the normative provisions of the legislation. To overcome this problem, an agreement is made between the employer and the workforce so that they can get a solution together. The agreement must also be registered with the Industrial Relations Court to protect the parties having an interest in it. Therefore, in writing this article, the Juridical Normative writing method is used, which analyzes cases based on applicable laws and regulations, analyzes legal concepts and qualitative descriptive methods.

Social Justice

Chapter 4 turns to normative political philosophy and introduces and defends the liberal egalitarian framework that provides the normative basis for assessments of policies that aim to promote social cohesion in diverse liberal democracies. Apart from the basic liberties, this framework includes a concern for equality, where a distinction between equality of opportunity and luck egalitarianism is introduced, and versions of each are developed, and it is pointed out that both these egalitarian theories can be used to support the conclusions about immigration and integration policies that are developed in the book. It is also argued that both theories should be sensitive to inequality of religious and cultural opportunities and that the concern for equality sometimes speaks in favour of multicultural policies.

THE EARNEST IN THE RUSSIAN CIVIL LAW

On the basic of historic construction the legal sense of earnest regulation is considered having been adopted from the past word by word. This doesn’t amount to main objective implementation of this remedy to make contractual conditions of future agreement binding on parties subject to the broad autonomy of will. Legal provisions on earnest don’t correspond to categories of “liability”, “unilateral transaction”. The regulation should promote such tools as “compensations form release of obligation”, “offer”, “penalty”, “preliminary contract”. At present the institute of earnest isn’t operational and applicable only within the market of residential real estate so far. The efforts were made to present the renewed legal provisions on earnest as normative basis of this legal instrument having long spread over the limits of ordinary obligation security measure.

Towards a Capability-Oriented Eco-Social Policy: Elements of a Normative Framework

In this article we explore the potential of the capability approach as a normative basis for eco-social policies. While the capability approach is often interpreted as a productivist or maximalist perspective, assuming the desirability of economic growth, we suggest another understanding, which explicitly problematises the suitability of economic growth and productive employment as means for enhancing capabilities. We argue that the capability approach allows rejecting the identification of social progress with economic growth and that it calls for democratically debating the meaning of wellbeing and quality of life. We analyse the implications of this conceptualisation for the design of welfare states.

The formation of a system of Cossack and mountain forest services in the territory of modern Karachay-Cherkessia in the pre-revolutionary period

В статье освещается один из важных аспектов экономической истории, связанный с отраслью лесного хозяйства на территории современной Карачаево-Черкесской республики. Хищническая эксплуатация лесных богатств региона во второй половине XIX в. со стороны местного горского и казачьего населения детерминировала государственное и общественное вмешательство в данную сферу, главной целью которого было не только желание предотвратить экологическую катастрофу и упорядочить пользование лесами, но и учесть потребности населения, сохранить рентабельность лесного хозяйства. В центре внимания автора находятся аспекты, относящиеся к возникновению системы войсковых и общественных лесничеств в имперский период. Рассматриваются вопросы, связанные с финансовой деятельностью данных структур, отмечается динамика их расходов и доходов, указывается штатный состав лесничеств, акцентируется внимание на проблемах кадрового состава и существовании коррупционных схем. Данная работа впервые освещает возникновение в нагорной части Верхней Кубани природоохранных структур, их правовые виды, комплекс их функций (административных, защитных, надзорных, технических, хозяйственных и др.), нормативную основу, содержание и ареал их деятельности. Автор отмечает основные проблемы отрасли, характер и динамику освоения лесных ресурсов региона, эффективность деятельности службы охраны лесов. The article highlights one of the important aspects of economic history related to the forestry industry in the territory of the modern Karachay-Cherkess Republic. The predatory exploitation of the region's forest wealth in the second half of the 19th century on the part of the local mountain and Cossack population determined state and public intervention in this area. Its main goal was not only the desire to prevent an environmental disaster and streamline the use of forests, but also to take into account the needs of the population, to preserve the profitability of forestry. The author focuses on aspects related to the emergence of a system of military and public forest services during the imperial period. The paper deals with the issues related to the financial activities of these structures, the dynamics of their expenses and income, the staff of forest services, attention is focused on the problems of personnel composition and the existence of corruption schemes. This work for the first time highlights the emergence of environmental protection structures in the upland part of the Upper Kuban, their legal types, the complex of their functions (administrative, protective, supervisory, technical, economical etc.), the normative basis, content and range of their activities. The author notes the main problems of the industry, the nature and dynamics of the development of forest resources in the region, the effectiveness of the forest protection service.

Ius In Bello IV

Contemporary armed conflict no longer consists of wars with designated armed forces confronting each other to gain or hold political control of territory. This short chapter explains why the Kantian account of the in bello norms still applies, in particular, clarifying the way in which they reflect the distinctive moral problem of war. Misconceived instrumentalist accounts of the normative basis of the in bello rules create the impression that changed circumstances should generate different rules. Three issues are considered: war between enemies that deny each other’s legitimacy; combatants with uniforms; and wars against adversaries who reject the laws and customs of war. In each case, the Kantian account is shown to apply.

PAŃSTWOWY FUNDUSZ ZIEMI JAKO PRAWNY INSTRUMENT POLITYKI AGRARNEJ STALINOWSKIEGO PAŃSTWA W POLSCE W LATACH 1944–1956

The article attempts to discuss the legal and institutional issues related to the use of the State Land Fund (SLF) as a fundamental instrument of the postwar agrarian and land policy in Poland. First of all, an attempt was made to indicate the normative basis for its implementation and to reconstruct the legal character of the institution in question. Reconstruction of the legal essence of the State Land Fund shows the divergences formulated in this regard by the proponents of the doctrine of agricultural and financial law. The evolution of functions performed by the fund in the framework of the agrarian policy of the socialist state, and changes made in the model of administration of this institution, have contributed to the emergence of different evaluations. It seems that the institutional specificity of the SLF was determined primarily by the doctrinal or systemic basis of the Stalinist agricultural policy.