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BENTHAMIC LIMITS UPON JUDICIAL DISCRETION – THEORY AND PRACTICE

BENTHAMIC LIMITS UPON JUDICIAL DISCRETION – THEORY AND PRACTICE

Author(s): Diana Constantinescu / Language(s): English / Issue: 1/2011

Keywords: judges; discretion; constraints; Jeremy Bentham.

Jeremy Bentham is widely acknowledged rather as founder of utilitarianism than founder of a complex system incorporating contributions in ethics, social and political philosophy, economy and law. More particularly, Bentham’s contributions to legal theory have been largely ignored at both international and local levels. Nowadays, one of the most popular debates within the jurisprudential discourse is that on judicial discretion in interpreting the law. In anglo-saxon jurisdictions, this debate is focused on how the judge uses this discretion, but even more, on how to limit this discretion when it has negative consequences. Within this context, this essay re-analyses later contributions of Jeremy Bentham and argues that these can offer highly relevant solutions to current problems. In view of this aim, this essay has two main sections. The first section tries to answer from benthamic perspective to the following questions: 1) Why do judges have discretion? (causes); 2) Why is discretion mischievous? (consequences); and 3) What are the Benthamic solutions for mischievous discretion? (solutions). The outcome is a set of constraints upon judicial discretion, ‘interwoven’ with their utilitarian rationale. The second section of the paper assesses the practicality of the Benthamic solutions by presenting the case study of the Romanian judicial system, which features some of Bentham’s proposed constraints, but fails to display the expected outcome. The analysis of these outcomes suggests that Benthams’ solutions are highly useful in theory, but they need several more refinements and additions in order for their efficacy to be ensured in practice.

Imitation and Creativity in the Actor's Technique

Imitaţie şi creativitate în tehnica actorului

Author(s): Monica Mihăescu / Language(s): Romanian / Issue: 2/2011

Keywords: acting technique; stringency; freedom; creation process

The author regards imitation and improvisation as being conflicting, but complementary components of the acting technique. As it arises from the succession of aesthetic canons of the most important moments in the evolution of the drama phenomenon, the scale turns more in favor of imitation than improvisation. Thus, imitation and improvisation can be found in the magical ritual, the Greek tragedy, Commedia dell’Arte, but also in the modern and contemporary drama, just like the trends of the human nature that alternate between constraint and freedom.

Anthropological analysis of an Iron Age skeletoin from Saharna (Moldova Republic)

Analiza antropologică a unui schelet din prima epocă a fierului de la Saharna (Rep. Moldova)

Author(s): Mihai Constantinescu / Language(s): Romanian / Issue: 10/2013

Keywords: Hallstatt, Saharna, fracture, trauma

Recent archaeological researches in the eastern side of the Iron Age settlement from Saharna-Dealul Mănăstirii identified a pit with a wooden structure inside it, in which a skeleton belonging to a 35- 45 years old male individual male individual was placed. The skeleton has a healed fracture of the right radius and a deformation of the distal epiphysis of the right ulna as a result of the joint use after the trauma occured. The frontal bone shows radiating fractures and the absence of a portion of the bone. This is either the result of a blunt force trauma, or the collapse of the wooden structure after an indefinite period of time following the deposition of the skeleton. The skeletal pathology indicates an individual that carried out intense physical activity throughout his life.

Entertainment Activities in Bucharest during the German Occupation of 1916-1918. Theatres and Cinemas

ACTIVITATEA DE DIVERTISMENT DIN BUCUREȘTI ÎN TIMPUL OCUPAȚIEI GERMANE DIN 1916-1918. TEATRUL ȘI CINEMATOGRAFUL

Author(s): Cristian-Tudor Şerban / Language(s): / Issue: 08/2015

Keywords: First World War; German occupation; Entertainment; Theatre; Cinema.

This study examines the impact of the German occupation in Bucharest and the vectors used by the German authorities to control the daily life of the civilians by the use of popular forms of entertainment. During wartime, recreational activities played a significant role in modelling the perception of the people, regarding the events that surrounded them, as well as being a mean to escape from the everyday hardships even for a few hours. If the Romanian state acknowledged the importance of theatres and cinemas when it was already too late, the Germans had the experience of two years of war. The occupants used these instruments in order to induce a feeling of internal security towards the local population. At the same time, the German propaganda played a role in this process, and the Romanians were subjects to it. In the same time, it is crucial to say that a large number of officers and soldiers from the Central Powers were present in the Romanian Capital in the analyzed period. And we also want to determine what was the real impact of the theatrical and cinematic activities controlled by the German censorship and how significant was the Romanian audience.

Between the Critical and the Engaged

Between the Critical and the Engaged

Author(s): Tamara Petrović-Trifunović / Language(s): English / Issue: 2/2016

Keywords: discourse; culture; symbolic order; interpretive turn; critical sociology; public sociology

Late 20th century developments in social sciences and humanities have placed particular focus on the symbolic aspects of reproduction of social order, stressing the importance of discursive work in the process. It has become widely accepted that discourse is profoundly embedded in society and culture, and hence, closely related also to all forms of power and social inequality. Therefore, it rightfully assumes a central position among the research objects of contemporary social sciences. The aim of this article is to critically examine the impact of the interpretive turn on the study of culture and symbolic registers of society. The analysis focuses on three approaches to the study of discourse, culture and society: critical discourse analysis, Pierre Bourdieu’s sociology of culture and Jeffrey Alexander’s strong program in cultural sociology. These approaches are further analyzed according to their position within Burawoy’s division of sociological labor, particularly between critical and public (engaged) sociology. Finally, the author suggests that engagement in detailed reconstructions of discursive manifestations of power, symbolic struggles and/or discursive codes in a society can provide valuable insight that could open up space for social engagement. However, in order to fully grasp the importance of symbolic aspects for the everyday reproduction of social order, the focus of analysis must also be placed on the role cultural traits and practices (understood as a discursive resources like any other) play in constructing stratificational categories, identities and distinctions, masking the very roots of inequalities that created the perceived cultural differences in the first place.

Theatricality and Socialist Realism in Romanian Theatre 1946-1963

Teatralitate şi realism socialist în teatrul românesc 1946-1963

Author(s): Viviana Iacob / Language(s): English,Romanian / Issue: 1/2016

Keywords: socialist realism; 1956; theatricality; mask; destalinization

The article aims to show that when theatricality resurfaced in Romanian theatre debates after 1956, it did not replace the tenets of socialist realism altogether. It was rather a catalyst for the later to evolve into a more sustainable ideological construct in the context of de-Stalinization. The years after Stalin’s death produce in Eastern Europe tremendous changes culminating with the explosive ideological situation of 1956. At a cultural level, these changes unleashed important transformations without displacing however the socialist bedrock. The interwar debates dedicated to the burgeoning issue of theatricality and the western theatre tradition were still filtered through aesthetic coordinates that were put in place during the Stalinist period. The article focuses on debates generated around specific performances which premiered between 1946 and 1963. These events reshaped the socialist realist aesthetic by way of theatricality resulting in a reciprocally corrosive relationship in the following years. The article concludes that the recalibration of the socialist realist formula amounted to a selective process of appropriation that was done both laterally and diachronically. This approach engendered a new form of theatricality. Not a replacement of old socialist realist theatre aestetic but its refashioning.

Analysis of the Dramatic Art in Musical Theatre The Barber of Sevilla by Gioacchino Rossini

Analiza procesului scenic în teatrul muzical: Bărbierul din Sevilla de Gioacchino Rossini

Author(s): Mariana Șarba / Language(s): Romanian / Issue: 3/2014

Keywords: musical theatre; dramaturgic discourse; “scenic” study; opera and theatre; stage director; tradition; new tendencies; Rossini

The main aspects connected with the work of stage directors of dramatic or musical theatre concern the experience of these artistic creators. The opera stage director has to bring a rich experience in visual arts as the musical discourse must be enriched from this point of view. The ”scenic” study and the detailed analysis of all sequences of a score, in fact specific methods of theatre studies, could put into evidence the visible and invisible parts of the dramaturgic discourse, important components of the architecture of a musical performance. Reading the score or libretto like a dramatic text, one can find a close relation between music, word and stage. The tendency of stage directors, who bring a very special experience from the dramatic theatre, to renew the traditional opera performance by giving it a special dynamic and imposing their creative vision, is a specific manifestation in the 20th century, continued in the 21st century. Stage directors achieve in a personal vision that common language made up of the complete concordance among music sound, music signs of a score, linguistic signs of a libretto, in fact the matrix of the performance. As an example the analysis of the opera The Barber of Sevilla by Gioacchino Rossini, underlining aspects of dramatic art and the creativity of the Bulgarian stage director Plamen Kartalov.

INTERTWINING CULTURES OF THE EAST AND WEST IN THE LITERARY CONTEXT : ORIENTAL ISLAMIC LITERATURE - DANTE - ANDRIĆ

ISPREPLETENOST KULTURA ISTOKA I ZAPADA U KNJIŽEVNOM KONTEKSTU : ORIJENTALNO-ISLAMSKA KNJIŽEVNOST - DANTE - ANDRIĆ

Author(s): Branka Brlenić-Vujić,Tamara Damjanović / Language(s): Croatian / Issue: 2/2014

Keywords: culture; narration; story; archeology of memory; East; West; Woman;

The paper discusses certain elements of different cultures, of the East and West, integrated in the literary work of Ivo Andrić. Although Andrić's literary view of the historical basis that the relationship between the two cultures is built on was most frequently focused on pointing to conflicts that had separated them for centuries, the origin of some of the key narrative, artistic and worldview principles found in his literary opus is located in these two very sources, differing both in traditional cultural and in literary terms.

Palaeo-Balkan Elements in Romanian and Southeast European Anthroponymy

Palaeo-Balkan Elements in Romanian and Southeast European Anthroponymy

Author(s): Adrian Poruciuc / Language(s): English / Issue: 16/2006

Vaclav Seroshevsky: letters to Vincent Vinkentievich Veresaev

Вацлав Серошевский : письма Винкентию Винкентьевичу Вересаеву

Author(s): Tamara Agapkina / Language(s): Ukrainian / Issue: VI/2001

International Perspectives about COVID-19, Digital Labour and Gender Work Pattern: A Collective Interview

International Perspectives about COVID-19, Digital Labour and Gender Work Pattern: A Collective Interview

Author(s): Anette Alemann,Julia Gruhlich,Ilona Horwath,Lena Weber / Language(s): English / Issue: 2/2020

Keywords: interview, COVID-19

In this special issue, we want to capture different country perspectives on the connection between the digitalisation of work and gender relations. As a result of the COVID-19 pandemic, the world has suddenly found itself in an exceptional situation that had not been foreseen in our editorial project but proved to be relevant for gendered work patterns and digitalisation. Digital systems and devices have seemed to offer the best solutions to the situation of the pandemic and the subsequent lockdowns all over the world. It has become apparent, however, that not everyone has equal access to the internet and technical knowledge of computing, and that women and men have been affected in very different ways by the COVID-19 crisis in their (digital or not) work environments. To find out more about the situation all over the world, we asked some gender researchers and social and technical scientists from South Africa, Canada, the Czech Republic, Great Britain, Belgium, Finland, and Austria a few questions via e-mail about their personal impressions from the COVID-19 pandemic and their own working situation. What we present here is the innovative format of an ‘artificial collective interview’: the responses have been shortened and compiled, but not reformulated. However, the questions have been modified to give the impression of a face-to-face group interview, though the interaction actually took the form of one-to-one email communication. The answers were collected during the summer period in August-September 2020. The interviewees were chosen because their work focused on gender and digitalisation even before the COVID-19 crisis and/or because they did research, published, or blogged about the events during the pandemic, or because they have been perceived as experts in areas that have changed rapidly

The Interpretation of Canon 3 of the 1st Ecumenical Synod in Nicaea (325) and Its Actuality in the Life of the Church

The Interpretation of Canon 3 of the 1st Ecumenical Synod in Nicaea (325) and Its Actuality in the Life of the Church

Author(s): Iulian Mihai Constantinescu / Language(s): English / Issue: 4/2013

Keywords: Clergy; Concubinage; Celibacy; Monastic state;

The study presents theInterpretation of Canon 3 of the 1st Ecumenical Synod inNicaea (325). The Fathers of the 1st Synod in Nicaea, by strengthening the morallife of the clergy, condemned the concubinage with hidden women, but they did notsupport celibacy over marriage. The cohabitation with legal wife is not mentioned,but this lack of mentioning does not automatically mean that the separation fromwives or the celibacy were introduced in the Church legislation and practice. Wifeis considered to be a full member of the category of legitimate women; but here, thecanonical disposition refers to non-married or widow members of the clergy, whomay cohabitate only with mother, sister, aunt or other women connected throughphysical kinship and who are beyond any doubt. The intention of the participants tothe Synod was not to introduce celibacy as mandatory for clergy, but the text of thecanon is very clear, as it aims to strengthen the discipline of the clergy, the morallife, through confi rming the custom and condemning the abuses. In fact, we don’teven fi nd references to such a rule that supports celibacy.

THE MYTH OF LEDA AND THE SWAN OBSERVED THROUGH THE PRISM OF RUBÉN DARÍO ("LEDA") AND DELMIRA AGUSTINI ("EL CISNE")

MIT O LEDI I LABUDU POSMATRAN KROZ PRIZMU RUBENA DARIJA („LEDA”) I DELMIRE AGUSTINI („EL CISNE”)

Author(s): Tamara Kedić / Language(s): Serbian / Issue: 1/2021

Keywords: Rubén Darío; Delmira Agustini; Greek mythology; Leda; swan

The literary movement modernismo originated in Spanish America and gave birth to very important poets in Spanish American literature, bringing about novelties in poetry. Topics originating from classical history and mythology, Eastern civilizations and pre-Hispanic America were treated in an original way, which is one of its main novelties. That is also the topic of this paper, which considers the treatment of the Greek myth from the point of view of Nicaraguan poet Rubén Darío (1867–1916) and Uruguayan poet Delmira Agustini (Delmira Agustini, 1886–1914). The myth in question is about Leda and the swan, and the corpus includes the poems "Leda" ("Leda") written by Darío and "The Swan" ("El cisne") written by Agustini. The aim of this article is to point out the similarities and differences in the treatment of the aforementioned myth. Bearing in mind that Delmira Agustini is a part of the second generation of modernists, the so-called postmodernists, and Ruben Dario is the most important representative of modernismo at its peak, it is interesting, on one hand, to compare their interpretations and visions of this Hellenic myth, and on the other hand, to point out the extent to which mythological and symbolist elements are adopted, surpassed and, ultimately, matched in selected poems. Their interpretations of this myth differ greatly, and we came to this conclusion through a systematic analysis of the mentioned poems.

The beauty of choreographic genius – Oleg Danovski, proponent of the national ballet repertoire

The beauty of choreographic genius – Oleg Danovski, proponent of the national ballet repertoire

Author(s): Violeta-Geta Rădvan / Language(s): English / Issue: 32/2021

Keywords: cultivated dance; Romanian character dance; folk dance; ballet; Romanian performance;

A prominent figure in national ballet, Oleg Danovski is one of the personalities of 20th century ballet. He gave the world a vast repertoire consisting of classical, neoclassical, modern ballets, Romanian ballets, and divertimentos for operas. Despite his success with classical ballet staging that would make him famous abroad, the choreographer also turned his attention to folklore, by addressing specific local themes. Thus, through this desire to study and stylize the folk dance, he brought an important contribution to the Romanian cultivated dance, from which the image of the Romanian character dance would stem. He was devoted to the idea of Romanian ballet theater and he advocated for original music for ballet, a national repertoire and the development of the Romanian ballet school. His Romanian creations are precious pages of the history of Romanian ballet that should not be forgotten, and that have enormously contributed to the enrichment of the original choreographic repertoire.

Identity Crises. A Diachronic Survey of Gender Identity through Romanian Cookbooks and Culinary Shows. From housewife to chef and lady chef

Identity Crises. A Diachronic Survey of Gender Identity through Romanian Cookbooks and Culinary Shows. From housewife to chef and lady chef

Author(s): Luminița Drugă / Language(s): English,Romanian / Issue: 26/2021

Keywords: chef; culinary; housewife; gastronomy; gender identity; relationships;

The progress of any society, be it modern or traditional, entails and depends on mentalities, derived from stereotypes and prejudices formed over time and transmitted from one generation to another. Of these, the most commonly used are those about the role and place of women and men in society. For Romanians, the nineteenth century was a century of "lights" because, beyond their liberation from foreign rule (Phanariot, then Ottoman), it was the time when an extensive process of "enlightenment" of the people began, including the gastronomic field. Supported by the theoretical framework on gender provided by Kelly, Bayes et al. (2004) and Gordon (1993), our paper aims at illustrating the factors that contributed to the resistance of traditional perceptions on the gender-based division of domestic labour. The survey conducted in this study highlights the major changes that have taken place in Romanian society, from the 19th century to the present, in order to account for the evolution of the housewife to the lady chef or chef. The sociolinguistic perspective will be based on a corpus of texts, namely prefaces of some cookbooks as "useful books" for Romanian domestic economy, published in the 19th and 20th centuries, and on information extracted from online and contemporary media, to the purpose of highlighting the major changes that have taken place in Romanian society, from the housewife to the lady chef or chef.

Names of women’s clothing (based on the posts on the fashion blog Macademian Girl from the years 2017–2019)

Nazwy ubiorów damskich (na podstawie postów na blogu modowym Macademian Girl z lat 2017–2019)

Author(s): Daria Zarzeczna / Language(s): Polish / Issue: 20/2021

Keywords: contemporary Polish language; names of clothes; language of fashion blogs

The purpose of this study is to investigate the mechanisms of functioning of the latest fashion vocabulary belonging to the professiolect of the fashion industry. Fifty lexemes were selected for analysis (of which a vast majority were loanwords from English), not found neither in the contemporary Polish language dictionaries nor in the National Corpus of the Polish language. Included were also metaphoric and metonymic neosemanticisms of which many acquired new meaning under the influence of English. The purpose of the analysis was also to demonstrate that Tamara Gonzalez Perea in her blog posts largely uses loanwords form foreign languages out of her desire to become part of the global fashion trends. From among 197 names of clothes (including accessories) used by the blog’s author, the proper and semantic loanwords constitute nearly 25 per cent of the vocabulary (47 names). The performed analysis demonstrated that the fashion vocabulary is strongly affected by the English influences, as today English is used by the greatest and best known fashion houses in the world. This makes possible to build a community of same likes and reach the largest potential audience. It is also in line with the common tendency to internationalize the vocabulary in order to overcome communication barriers.

RELATIONSHIP BETWEEN SOCIO-DEMOGRAPHIC CHARACTERISTICS AND RISK BEHAVIOR OF YOUNG PEOPLE: REVIEW OF RESEARCH IN SERBIA

POVEZANOST IZMEĐU SOCIODEMOGRAFSKIH KARAKTERISTIKA I RIZIČNOG PONAŠANJA MLADIH: PREGLED ISTRAŽIVANJA U SRBIJI

Author(s): Tamara Dragojević,Milena M. Letić Lungulov / Language(s): Serbian / Issue: 31/2022

Keywords: socio-demographic characteristics; youthe; risky behaviour.

The paper provides an overview of research on the connection between socio-demographic characteristics and risky behavior of young people, based on the interpretation of various authors who deal with predictors of risky behavior of young people. The aim of the paper is to review the literature in order to find empirical evidence on the connection between socio-demographic characteristics and risky behavior of young people.The findings of the relevant research have shown that there are certain differences in the involvement in risky behaviors with regard to the gender of young people. The results of the analyzed research have shown that boys exhibit risky behaviors earlier than girls. Also, it was pointed out that boys are twice as prone to delinquent behavior as compared to girls. One of the important characteristics of risky behavior is that the academic success of young people has a protective effect in relation to the manifestation of risky behavior. The implications of the paper are reflected in the highlighting of interventions aimed at improving the quality and perspective of young people's lives. In addition, the focus is on improving the effectiveness of the primary prevention program for risky behaviors aimed at children and young people, as well asparents, teachers, and organizing an effective system for early recognition of symptoms and detection of risky behaviors. The formation of such a system is one of the requirements that modern pedagogy faces.

Disciplinary offences provided for in Article 99(h) and (m) of Law No 303/2004 on the status of judges and prosecutors. Caselaw

Abaterile disciplinare prevăzute de art. 99 lit. h) și m) din Legea nr. 303/2004 privind statutul judecătorilor și procurorilor. Jurisprudență

Author(s): Tamara Manea / Language(s): Romanian / Issue: 1/2023

Keywords: disciplinary liability of judges and prosecutors; leaving criminal files unworked; non-compliance with regulatory provisions regarding the circuit and distribution of files;

It meets the constitutive elements of the disciplinary offense provided for by art. 99 let. h) from Law no. 303/2004 regarding the status of judges and prosecutors (unchanged) the fact of the prosecutor leaving 170 criminal files unworked for periods between 10 months and 1 year and 8 months, although the resolution of some of the works claimed urgency, as they had a proposal to end the prosecution criminal. It meets the constitutive elements of the disciplinary offense provided for by art. 99 let. m) of the Law no. 303/2004 on the status of judges and prosecutors (unmodified) the actions of the prosecutor to receive a file with a settlement proposal directly from the police officer, without being registered in the records of the prosecutor's office, and to keep it in his office in the conditions where there was no resolution of distribution of the first prosecutor, violating the provisions stipulated by art. 128-129 of the Internal Order Regulation of the prosecutor's offices. It meets the constitutive elements of the disciplinary offense provided for by art. 99 let. m) the second sentence, and not those of the disciplinary offense provided by art. 99 lit. t), the second sentence of the Law no. 303/2004 regarding the status of judges and prosecutors (unmodified), violation of the administrative obligations provided for by art. 142 para. (6) and art. 145 para. (1) of the Criminal Procedure Code, regarding the archiving and recording of technical documents/supports and the information of the persons who were the subject of the technical surveillance measure.

The Authorship Problem of the Seventeenth-Century Pasquinade Tatar Al-Furqan: Doubts and Findings

Problem autorstwa siedemnastowiecznego paszkwilu Alfurkan tatarski: wątpliwości i ustalenia

Author(s): Tamara Bairašauskaitė / Language(s): Polish / Issue: 8/2022

Keywords: Tatars of the Grand Duchy of Lithuania; anti-Tatar pasquinade; Piotr Czyżewski; Senieji Trakai; Benedictine monastery; Abbot Tomasz Pawłowski;

The article attempts to identify the author of a seventeenth-century pasquinade Alfurkan tatarski (Tatar Al-Furqan) aimed against the Tatars of the Grand Duchy of Lithuania, or more precisely, those living on the Vokė River in the Trakai voivodeship. The author has analysed the dedications and commentaries to four editions (1616, 1617, 1640, and 1643), paying attention to the life of the Benedictine abbot of Senieji Trakai monastery, Tomasz Pawłowski (c. 1556–1653), who administered the abbey in the years between after 1597 and 1617. The coincidence of his biographical data with the dates of successive editions of the Alfurkan suggests that he could have been the mysterious author of the text.

Notizen über die dramatischen Leistungen der Bühne-Gesellschaft der Herren J.B. Hirschfeld und F. Herzog, während des Winter-Curses 1828/9 zu Temeswar, the first theatrical publication from Banat.

Notizen über die Dramatischen Leistungen der Bühne-Gesellschaft der Herren J.B. Hirschfeld und F. Herzog, während des winter-curses 1828/9 zu Temeswar, prima publicație teatrală din Banat

Author(s): Ciprian Glăvan / Language(s): German / Issue: 1/2022

Keywords: theatre; Banat; Publication; Notizen;

Notizen über die dramatischen Leistungen der Bühne-Gesellschaft der Herren J.B. Hirschfeld und F. Herzog, während des Winter-Curses 1828/9 zu Temeswar was the first theatrical newspaper that was published in Banat. The first issue of this bi-monthly periodical was published in November 1828 and the last on April 1, 1829. The chronicles of the theatrical pieces presented on Timisoara’s theatre stage prove that the editors of the newspaper had a good knowledge of the dramaturgical theory and language. In the 20’s of the 19th century Timisoara’s theatre stage was successful and considered to be better than the other theatre stages from Banat. Generally the artists of the local theatre stage remained the same and only rarely changed. Unfortunately, with the exception of the theatrical reviews regarding the performance of the artists in various plays, which can be found in this article, I could not find further data regarding the artists. Shortly after Notizen... seized to be published, the weekly theatrical periodical Thalia took its place. This shows the special importance given to the theatre in Timisoara at that time.