Transitions Online_Around the Bloc-Azeri Opposition Leader Mammadov Set Free
The release is prompting both relief and calls for continued pressure on the government to stop persecuting its critics.
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The release is prompting both relief and calls for continued pressure on the government to stop persecuting its critics.
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“Jokes on the internet are not extremism,” says Russian human rights council chairman.
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Предмет истраживања насловљеног као Синтаксичке одлике старосрпске пословноправне писмености мора се нужно двојако посматрати. По свом корпусу то је рад из историје српског језика, а по приступу том корпусу из синтаксе, и то синтаксе која је дефинисана, с једне стране, синтаксичким капацитетом једног средњевековног функционалног стила каква је старосрпска пословноправна писменост и, с друге стране, на- стојањем да се теоријско-методолошки приступ синтаксичких истражи- вања једног историјског корпуса колико-толико приближи савременој синтаксичкој теорији и методологији уз нужно уважавање специфичности историјске синтаксе. Чинило се просто корисним презентовати синтаксичко-семантичке системе језика старосрпске пословноправне писмености тако да они буду сравњиви с подацима којима располаже синтак- са савременог српског језика, а све то у циљу доприноса сагледавању дијахроне перспективе одговарајућих синтаксичко-семантичких система и њихових елементарних јединица, што је и смисао дијахроних синтак- сичких, па и лингвистичких истраживања уопште.
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This paper concerns similarity of interpretation of law and interpretation of the Bible. It focuses on the same mechanisms grounding both the principles of interpretation of law and interpretation of the Bible. First, similar textual principles of interpretation are briefly described. Second, extra-textual principles of interpretation are given. In the second part some shortcomings of legal extra-textual principles of interpretation are also indicated. At the end of the text, a theory that allows to disregard these shortcomings is proposed.
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The main purpose of this article is to present the view of an Argentinian legal philosopher Carlos Cossio on the issue of law. He called his philosophy “egology”. The originality of Cossio’s works is expressed by a strong relationship between philosophy of law and his philosophical assumptions. The starting point for deliberating on law are widely recognized onthological and epistomological contentions. Cossio justifies his legal theses basing them on his philosophical views. Egology derives from Edmund Husserl’s phenomenology which is related to some elements of William Dilthey’s philosophy of culture. Martin Heiddeger’s and Immanuel Kant’s philosophies are the basis too. I described Cossio’s ontologies of subjects otherwise known as regional ontologies. I also presented methods for examining the above subjects and gnoseological acts which those methods comprise. I presented the characteristics of law as a cultural subject. The text is not only a report. Its aim is to show that Carlos Cossio’s legal philosophy is also semantic in character.
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Patients’ rights have become in recent years a particular element of the discussion on health care. They refer to a special relationship. It is often associated with situations in which the medical expert must step into the intimate sphere of life of the sick person. This person also often experience physical or mental suffering. In debates on medicine appeared, however, a new element. It refers to information on conflicts between patients and doctors. These conflicts have a special character. They occur between the person needing help, and an expert who can give it. It is worth to think about: What is the source of that conflict? Does this conflict deepens? Are there systemic forms of assistance in resolving the dispute? Are the mediation procedures may be supported in similar difficult situations? The proposed text is attempt to answers to the above questions.
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The written law is a result of collective normative decision. It is enacted by competent members of legislative body being people which aren’t free from their experiences and motives in the process of the enactment. Therefore the following question appears – what occurring processes at these persons can affect contents of the law. To find an answers (explanations), there is a need to go beyond classical law research, to the direction of outside integration theory of law and derive them from such a disciplines as psychology, sociology, political science, cognitive science and the other. Presented paper uses a theory of cognitive dissonance, derived from social psychology and developed by Leon Festinger (1957’) to formulate a hypotheses about the influence of cognitive dissonance reduction on the content of written law, which expressions may be euphemisms used by legislator.
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In the present article I explore two questions. First, what are the theoretical relations between thick terms, concepts and properties? I try to depict that the answer is dependent upon a choice of philosophical assumptions. Second, I explore what are the possible bonds between descriptive and evaluative components of thick expressions. I concentrate on the nature of the evaluative component and contrast the semantic and pragmatic approaches. Finally, I conclude that terms such as ‘legal’ are par excellence thick. Therefore, we should be aware of all the theoretical intricacies of the evaluative content when building a coherent theory of the legal realm.
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The subject of the article is the analysis of a specific feature of contemporary political and administrative power. As analytic categories the author uses Foucaultian concepts of power discourses: sovereignty: the type of individualized power which strives for self-conservation (pre-modern type of power) and governmentality – the type of non-individualized power the aims of which are control and management of the population (modern type of power). Contemporary power – the bureaucratic power described by M. Weber etc. – seems to be the type of governmentality. But in this field emerges a new type of sovereign power legitimized by the discourse of governmentality – management and protection of the population. Its examples are analysed by G. Agemben i J. Butler indefinite detention in Guantanamo. In this articles, the author focuses on symptoms of the new type of sovereignty in day-to day government action – the practice of the polish organ of compulsory social insurance – Social Insurance Institution (Zakład Ubezpieczeń Społecznych).
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Clarity is one of the basic traits of good law. So far, theory of law has focused on the clarity of law requirement only with reference to national legal orders. The article tries to apply this requirement to multilingual and multicultural European Union legal order. Clear law is understandable and precise. Although it is not possible to make law completely clear, the legislator should try to make it as clear as possible since such law protects important values and enables to achieve important goals, for instance it makes law more efficient and certain. One of the crucial prerequisites for clear law is appropriate language of the texts of legal acts. It concerns both vocabulary and syntax of these texts. Therefore, in order to make law clear, the legislator should follow specific rules regarding linguistic aspects of lawmaking. European Union law should be clear as well. Since European Union multilingual and multicultural legal order is different from national legal orders, including the multilingual ones, the methods of making European Union law clear are partly different from those applied in national legal orders. It concerns, above all, the language of texts of European Union legal acts. The use of new, European, legal terms is justified and helps make European Union law clear, even though this does not have to seem evident. In contrast to the new vocabulary, the new, European, syntax of texts of European Union legal acts is not justified. In order to make law clear, the European Union legislator should follow the same syntactic rules as the national legislator.
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The aim of the article is to critically asses the theories of interpretation developed by two prominent philosophers, namely Stanley Fish and Ronald Dworkin. After first describing and reconstructing their ideas the paper then identifies problems concerning the stance according to which everything in applying law depends on interpretation. The critic is based on the Ludwig’s Wittgenstein remark that there must be grasping the rule (or more broadly a meaning of any word) which is not interpretation, otherwise we end up in regressus ad infinitum fallacy. Paper’s main claim is that although the theory of R. Dworkin is not fully free from defects it has nevertheless more explanation power than the opponent’s propositions.
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This article presentsthe normative status of the principle of human dignity in the law of the European Union.The issue is portrayed with reference to primary and secondary legislation of the EU. Thefirst field of analysis was the Treaties and the Charter of Fundamental Rights as primarysources of EU law. The examination of secondary law in the form of regulations, directivesas well as soft law used to implement the policies regarding the area of freedom, securityand justice was the subsequent stage. Having explored this, it was possible to formulatethe thesis of this paper. It is believed that human dignity – as a principle of EU law – is a le‑gally binding rule not only for the Member States but also for the third countries applyingfor EU membership. Human dignity is also one of the indivisible and universal values onwhich the European Union is founded.
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The presented article raises the issues of social participation and the child citizenship, discussed against the backdrop of historical shifts, with the intention to show possibilities within this scope. Additionally, the author purports to clarify the basis for misinterpretation and wrongful implementation of children’s social participation. Moreover, the article aims at showing the value of children’s social participation for the advancement of civil society? as well as citizens’ engagement through developing adult–child cooperation at a personal, organizational or institutional level, on the local, national and international scale.
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The article examines social control and the legal system as one of its tools. A survey was conducted among pedagogy students; the subject of the survey was the students’ attitude to the law and its effectiveness as well as evaluation of selected social control institutions. The views presented by the students are diverse; the respondents believe that the law has a regulative and protective function, both in society and in their lives. In their opinion, the prosecutors and courts are the most effective, while they deem the municipal police as the least effective. The proper functioning of formal social control institutions (legal and law enforcement authorities) is determined by their staff competence, good organization of work, and actions in compliance with the law. According to the respondents, informal social control determines the behaviour of an individual significantly, since this type of social control acts promptly and has positive and negative sanctions at its disposal.
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