The social right in system of the right of Germany

10.12737/5073 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 39-42 ◽  
Author(s):  
Ксения Чилькина ◽  
Ksyeniya CHilkina
Keyword(s):  
Social Insurance ◽  
Public Law ◽  
The Social ◽  
Social Code ◽  
The Right

The autor describes the social right as branch of public law in system of the right of Germany, development of the social right in Germany. The article shows the integrating role of the Code of laws about insurance of workers (1911) in Kaiser Germany and the first book of the Social code (1975) that united four spheres of social insurance in Germany. The author reveals the relations between social insurance (the social right) and other legal institutes.

Actual Problems of Compensation for Health Damage Caused During the Performance of Labor Duties

2021 ◽  
Vol 5 ◽  
pp. 77-81
Author(s):  
V. V. Kulakov ◽  
Keyword(s):  
Social Insurance ◽  
Insurance Coverage ◽  
Insurance Fund ◽  
Controversial Issues ◽  
Medical Organization ◽  
Social Insurance Fund ◽  
The Social ◽  
Health Damage ◽  
The Right

The article discusses the controversial issues of compensation for physical harm caused to an employee. The article analyzes the possibility of satisfying the claim for compensation of such expenses, presented directly to the harmer, provided that the insurance coverage is obtained at the expense of the Social Insurance Fund. The conclusion is made about the possibility of such a claim. At the same time, the conditions for its satisfaction are determined, including the victim»s need for such expenses, taking into account the right to choose a doctor and a medical organization, in the absence of signs of abuse of the right.

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

scholarly journals POSTRZEGANIE ZWYCZAJÓW ODNOSZĄCYCH SIĘ DO OBOWIĄZKU ZACHOWANIA POUFNOŚCI W ARBITRAŻU. ANALIZA WYNIKÓW ANKIETY PRZEPROWADZONEJ PRZEZ SĄD ARBITRAŻOWY LEWIATAN WŚRÓD POLSKICH PRAKTYKÓW ARBITRAŻOWYCH

2016 ◽  
Vol 13 (3) ◽  
pp. 89
Author(s):  
Beata Gessel-Kalinowska vel Kalisz
Keyword(s):  
Public Opinion ◽  
Legal System ◽  
Uniform Norm ◽  
Professional Group ◽  
Controversial Issues ◽  
The Social ◽  
The Subject ◽  
The Right ◽  
Confidentiality And Privacy

THE PERCEPTION OF THE PRACTICE OF CONFIDENTIALITY IN ARBITRATION. AN ANALYSIS OF THE RESULTS OF A SURVEY CARRIED OUT BY THE LEWIATAN COURT OF ARBITRATION AMONG POLISH ARBITRATION PRACTITIONERS Summary As with numerous other systems of law, such as Norwegian, Swedish or Australian law, the Polish legal system does not have a clear and uniform norm of law governing confidentiality and privacy in arbitration. Public opinion frequently refers to the role of custom as the source of the obligation to preserve confidentiality, although usually it does so without a detailed analysis of the subject and object of this obligation. This fact provided the inspiration for a survey carried out among Polish arbitration practitioners. The results of the survey present an interesting picture of what is subjectively perceived by arbitration practitioners as forming part of the confidentiality canons in arbitration proceedings. In principle, they reflect the worldwide trends, i.e. as far as the object of the confidentiality obligation is concerned – in camera sessions and the confidentiality of awards, and as regards its subject – the confidentiality obligation imposed on arbitrators and arbitration institutions. In addition, the customary practice of keeping confidential any information obtained in the course of proceedings is perceived as the right conduct as far as the object of the obligation is concerned. One of the very controversial issues is the matter of parties’ responsibilities, which leads to further questions as to individual arbitrators’ membership of the social (professional) group known as “arbitration practitioners”.

The Contemporary Reception of St Thomas on Law and Politics

2021 ◽  
pp. 611-625
Author(s):  
Michael Pakaluk
Keyword(s):  
Private Property ◽  
Political Liberalism ◽  
Political Society ◽  
Human Beings ◽  
Social Nature ◽  
Law And Politics ◽  
The Social ◽  
The Family ◽  
The Right

The reception of Thomistic political and legal philosophy is considered with respect to what is called ‘political liberalism’. The appeal to a hypothetical state of nature should be rejected, as it misconstrues the social nature of human beings. Aquinas’ account of the origin of political society starts from an interpretation of human nature. On this basis one can account for human rights, the importance of the right to religious liberty, the family as the basic cell of society, civil society as including subsidiary authorities, the importance of private property, and the nature and role of freedom. A key question for the continued flourishing of a free society is what practically enables persons to govern for the genuine good of others.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

Professional ICT Knowledge, Epistemic Standards, and Social Epistemology

2012 ◽  
pp. 274-294
Author(s):  
Frederik Truyen ◽  
Filip Buekens
Keyword(s):  
Current Knowledge ◽  
Knowledge Worker ◽  
Social Software ◽  
Corporate Context ◽  
Accessible Information ◽  
The Social ◽  
Professional Workers ◽  
The Right ◽  
Organizational Procedures

Several co-evolving trends have impacted expectations of professional workers’ quality of knowledge. The abundance of information shared through the Internet, the ever-increasing specialization of tasks, the possibility of immediately accessible information through social networks, the participation of stakeholders in the social web, and the increased requirements for separation of duty in a corporate context have contributed to a situation where the current ‘knowledge worker’ is not expected to have the same level of readily available knowledge as before. This chapter describes this phenomenon in detail with a case study from ICT-expert jobs. It shows that an ICT manager can no longer overlook the work of collaborators, just by virtue of being the smartest employee around. He/she will increasingly rely on organizational procedures and professional standards to assess whether the right people - with the right competencies for the job – are at his/her disposal. After describing the specifics of professional knowledge for ICT experts and the role of social software plays in this, the chapter focuses on the epistemological aspects of ICT expertise. The authors discuss current strands of reliabilistic accounts for knowledge in relation to expertise. They show that besides reliability, it is accuracy that is needed in order to perform as an expert.

Introduction

2021 ◽  
pp. 1-18
Author(s):  
Charles Devellennes
Keyword(s):  
News Media ◽  
State Violence ◽  
The Political ◽  
Political Leaders ◽  
The Social ◽  
Fundamental Challenge ◽  
New Type ◽  
The Right ◽  
Over Time

This chapter gives introduces the gilet jaunes. The gilets jaunes, a group of French protesters named after their iconic yellow vests donned during demonstrations, have formed a new type of social movement. The gilets jaunes have been variously interpreted since they began their occupation of French roundabouts. They were at first received with enthusiasm on the right of the French political establishment, and with caution on the left. The fourth weekend saw scenes of violence erupt on the Champs Élysées, notably around and within the Arc de Triomphe, which towers over the first roundabout built in France. The headlines of newspapers and stories of the news media became almost exclusively focused on the violence of the protests. Images of state violence became ever-present on Twitter and independent media outlets, making it clear that it was the use of disproportionate force by police units that was at the centre of the events. The chapter explains that the aim of the book is to show that the use of violence is not the only tale to be told about the role of the protesters in the contemporary French context. Their contribution to the political landscape of France is quite different. They have provided a fundamental challenge to the social contract in France, the implicit pact between the governed and their political leaders. The movement has seen the numbers of participants diminish over time, but the underlying tension between the haves and the have-nots, the winners of globalization and those at risk of déclassement [social downgrading], are enduring and persistent.

The Use of Blood Money in the Establishment of Non-Justice: Necrodomination and Resistance

2019 ◽  
pp. 160-186
Author(s):  
Cem Özatalay ◽  
Gözde Aytemur Nüfusçu ◽  
Gülistan Zeren
Keyword(s):  
Social Hierarchy ◽  
Judicial Process ◽  
The Social ◽  
Blood Money ◽  
Perpetrators And Victims ◽  
The One ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The use of blood money by powerful people during the judicial process following different kinds of homicides (workplace homicides, state homicides, gun homicides and so on) has become commonplace within the neoliberal context. Based on data obtained from five cases in Turkey, this chapter shows, on the one hand, how the use of blood money serves as an effective tool in the hands of powerful people to consolidate power relations, particularly necropower, as well as the relationship of domination, which rests upon class and identity-based inequalities. The analysis indicates that the blood money offers made by powerful people allows them to minimize potential penalties within penal courts and also to keep their privileged positions in the social hierarchy by purchasing the ‘right to kill’. On the other hand, the resistance of the oppressed and aggrieved people to the subjugation of life to the power of death is analysed with a particular focus on the role of power asymmetries between perpetrators and victims and their unequal positions in the social hierarchy. This conflictual relationship, which we qualify as an expression of necrodomination, offers novel insights into Turkey’s historically shaped system of domination.

16. The right to work

2019 ◽  
pp. 296-311
Author(s):  
Rhona K. M. Smith
Keyword(s):  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Equal Pay ◽  
Right To Work ◽  
The Social ◽  
Equal Work ◽  
The Right ◽  
Conditions Of Work

This chapter examines the right to work in international human rights law. It discusses the right to just and favourable conditions of work and remuneration, and the right to equal pay for equal work. The chapter highlights the role of the International Labour Organization in setting the standard for worker protection, and the contributions of the Social Charters of the Council of Europe in providing evidence of the change in such standards over the years.

Political Science and Science Fiction

1958 ◽  
Vol 52 (4) ◽  
pp. 1026-1029 ◽  
Author(s):  
John P. Roche
Keyword(s):  
Science Fiction ◽  
Supreme Court ◽  
Political Science ◽  
Public Law ◽  
Frame Of Reference ◽  
Board Of Education ◽  
The Social ◽  
The Supreme Court ◽  
The World ◽  
The Right

I want to dissent initially from the rather constricting frame of reference that Schubert has established in his paper. He has every right in the world to set rhetorical snares, but I have no intention of walking into them. If I may summarize, Schubert asserts that he is a spokesman for a radical new direction in the study of public law, claiming that the old ways are moribund. He further urges that we should look with envy at the creative function of the social psychologists who supplied the Supreme Court with the banners it carried in Brown v. Board of Education while we were bumbling around with historical and philosophical trivia. He concludes that instead of wasting our time with talmudic disputations on whether the Supreme Court reached the “right” or the “wrong” decisions in specific cases, we should settle down to build a firm “scientific” foundation for our discipline.Not the least amusing aspect of this indictment is that I find myself billed as the defender of the ancien régime, as the de Maistre of public law. Therefore, for the benetfit of the young and impressionistic, let me break loose from Schubert's rhetorical trap: I too think that much of the research done in public law—and, for that matter, in political science generally—has been trivial.

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