Interdisciplinary Study: A nuts and bolts study of the cultural defense: an Asian American perspective

Author(s): Akshaya Kamalnaath / Language(s): English Issue: 6/2014

The cultural defense debates are charged with political, racial and feminist undertones. While there is a fear that the legal system would be threatened by making these accommodations for minority cultures and at the same time sees the cultural accommodation, there is also a feeling of the cultural defense being something bestowed upon inferior races and immigrants. On the other hand, proponents of the cultural defense feel that the value systems of minority cultures are marginalized. Further there is an argument that the cultural defense will lead to stereotyping of people from minority cultures. Overall there is skepticism about the court making a determination about the culture of a minority it knows nothing about. There is also resistance by feminists, to the recognition of cultural factors in crimes where victims are women as it would perpetuate practices of patriarchal cultures which is seen as antithetical to the feminist movement. This paper examines the cultural defense discourse in the U.S., situating it in the context of Asian Americans, and proposes a cultural defense test consisting of four questions as a guide for courts applying the cultural defense, in criminal law cases. It also proposes that the appropriate expert for cultural defense cases would be an anthropologist and puts forth guidelines for the expert in these cases so as to enable the court to use their testimony to apply the four question cultural defense test.

List of conferences organized at the Faculty of Law and Administration of the University of Silesia in 2013

Author(s): Author Not Specified / Language(s): English Issue: 6/2014

Editorial

Author(s): Barbara Mikołajczyk / Language(s): English Issue: 6/2014

Public goods in administrative space – outline of problematic aspects

Author(s): Marcin Janik / Language(s): English Issue: 6/2014

This article is dedicated to discussing selected issues related to the administration of public goods in an administrative space. This field of analysis is the reason why the contents of this paper were divided into four parts. The first part identifies “administrative space”, not limited only to presenting conceptual establishments. Hypotheses related to shaping administrative space are also given, by analysing the administrative global convergence and institutional administrative differences in this scope. In the second part, the term ‘public goods’ is analysed, indicating that, besides the positive definitions describing what public goods actually are, there is also an attractive category of negative definitions, treating public goods as an elimination of “public bad”. The subject of the third part is administering public goods, and showing that the postulate of going beyond the national level creates many problems concerning the effective provision of public goods. These meant it was necessary to analyse issues of global administrative law, which include various types of global institutional administrative solutions.

Legal Character of Internal Audit in the Light of the Regulations of the Act about Public Finances

Author(s): Malwina Bartela,Marek Zdebel / Language(s): English Issue: 6/2014

Internal audit known in the legislation of the European countries as an institution whose task is to secure transparency of the use of public resources , appeared only within the framework of the amendment of the Act on Public Finances of 27 July 2001 and it has been functioning as a legal institution since 1 January 2002. The basis for its implementation was the duty to perform obligations of Poland towards the European Union. This fact had a crucial impact upon the conditions of shaping both the contents of that institution and its legal nature. Throughout the years 2001-2009, the way of defining the internal audit in the Polish financial law has been changing . The final sounding indicated by the contents of the regulation of Article 271 of Public Finances of 2009 is a specific legal compromise between the followers of treating an internal audit as a form of an internal control or those who treat it as an independent legal institution connected with managerial control. On the basis of the binding legal status , an internal audit is an independent and objective activity whose task is to support the minister of a particular department or a manager of a unit to attain targets and tasks through systematic evaluation of managerial control and advisory activities. The presented definition , though formally connected with regulations included in the mentioned Act on Public Finances, in the opinion of the authors, however, does not give a simple answer when it comes to subjective and objective range of an internal audit within the framework of the Polish system of public finances and regards the placement of that institution in the system of financial control determined by legal regulations.

Poeme thermidoriene

Author(s): Iulian Boldea / Language(s): Romanian Issue: 10/2003

Review of Mihai Vieru's "Thermidor @ ketamidor" (Biblioteca revistei Familia, 2003)

Avangarda maghiară - Introducere

Author(s): Dan Ţăranu Vatra / Language(s): Romanian Issue: 10/2003

Short introductive article to the series of issues dedicated to local or national aspects of "Avantgarde" literary movement - about the Hungarian "pioneers" of the Avantgarde and the Eastern European context.

Silvia Obreja - Era frumoasă ca o actriţă...

Author(s): Dan Ţăranu Vatra / Language(s): Romanian Issue: 10/2003

Remembering the poet Silvia Obreja.

Aventuri la Dunărea roşie

Author(s): Aureliu Busuioc / Language(s): Romanian Issue: 10/2003

Short story

Anotimpurile unui călător

Author(s): Andrei Fischof / Language(s): Romanian Issue: 10/2003

Short story

Avangarda maghiară - scrieri

Author(s): Author Not Specified / Language(s): Romanian Issue: 10/2003

SÁNTA Pál - Privire de ansamblu (de la futurism la dadaism); KÁLLAI Ernõ - e - t- i - c - ă - ? SZABÓ Lõrinc - Despre ISME GYERGYAI Albert - Kassák şi ismele KUDLÁK Lajos - Criticilor şi psihanaliştilor RADNÓTI Miklós - JURNAL DE RĂZBOI - FRAGMENT JÓZSEF Attila, ILLYÉS Gyula, DÉRY Tibor, REITER Róbert, FORBÁTH Imre, ÚJVÁRI Erzsi, GYÖRGY Mátyás, KASSÁK Lajos - Poems BARTA Sándor - Stimaţi meseni (Discursurile unui poet minor despre revoluţie) HATVANI Pál - Experiment asupra expresionismului MÁCZA János - Noua dramă, noua scenă BOROSS F. László - Ady Endre şi noua lirică maghiară

Deprimismul românesc

Author(s): Gelu Vlaşin / Language(s): Romanian Issue: 10/2003

Article about the "Internaut" phenomenon, Romanian literary sites, and about the literary current Deprimism".

Avangarda maghiară - Notes

Author(s): Dan Ţăranu Vatra / Language(s): Romanian Issue: 10/2003

Short biographies of exponents of the Hungarian Avantgarde.

Poezii

Author(s): Liviu Ioan Stoiciu / Language(s): Romanian Issue: 10/2003

Triptic

Author(s): Răzvan Tupa,Ovidiu Gligu,Victor Ştir / Language(s): Romanian Issue: 10/2003

Selections of poems.

Biserica greco-catolică în ultimele două decenii de clandestinitate

Author(s): Cristian Vasile / Language(s): Romanian Issue: 10/2003

Poezie

Author(s): Constanta Buzea / Language(s): Romanian Issue: 10/2003

The poem "Alean" by Constanta Buzea.

20 de ani fără Guga

Author(s): Dan Ţăranu Vatra / Language(s): Romanian Issue: 10/2003

Article commemorating 20 years since Romulus Guga's death. The author covers shortly the biography and the works of the Romanian writer and playwright.

Nebunul şi Floarea

Author(s): Romulus Guga / Language(s): Romanian Issue: 10/2003

A fragment from Romulus Guga's play.

Inadecvaţii

Author(s): Alexandru Vlad / Language(s): Romanian Issue: 10/2003

Editorial: "people you can count on, people that have principles", written in a satirical way.