scholarly journals Teoria prawa Zygmunta Ziembińskiego

2018 ◽  
Vol 4 (1) ◽  
pp. 230-249
Author(s):  
Marzena Kordela
Keyword(s):  
20Th Century ◽  
Government Agencies ◽  
Coherent System ◽  
Entire System ◽  
Legal Norms ◽  
Political Justification ◽  
The Status ◽  
Theory Of Law ◽  
Law Making

Zygmunt Ziembiński was one of the most prominent theoreticians of law in Poland in the second half of the 20th century. He developed an original theory of law defined as a theory of legal phenomena, which covered both logical-linguistic as well as real aspects of law. The theory served as a base for the development of a unique so-called advanced normative conception of sources of law, one of the greatest achievements of theory of law in Poland. This conception encompasses all the indispensable elements of a coherent system of binding legal norms: 1) indication of a political justification (ideological assumptions) of the entire system of law; 2) pre judgment of law-making competence of government agencies; 3) determination of the status of custom and precedent; 4) compilation of a catalogue of permissible interpretation rules; 5) compilation of a catalogue of permissible inferential rules (permissible rules of legal inferences); 6) compilation of a catalogue of permissible collision rules.

The Unfinished Artification of Ceramics in France: Reversing Stigma and Creating a New Artistic Norm

2019 ◽  
Vol 13 (3) ◽  
pp. 276-292
Author(s):  
Flora Bajard
Keyword(s):  
20Th Century ◽  
Balance Of Power ◽  
Professional Group ◽  
Government Agencies ◽  
Standard Definition ◽  
Legal Norms ◽  
Composite Nature ◽  
Definition Of ◽  
Industrial Standards

Ceramic artists emerged as a professional group in France in the second half of the 20th century by shunning industrial standards and basing their practice on the notion of singularity. They also reappropriated the craft legacy of the small pottery companies that began disappearing in the 1940s, embracing principles such as seriality and functionality, and defining a specific bundle of tasks. Ceramicists underwent a partial artification process, rendering their practice discordant with what institutionally and legally constitutes art, as well as diverging from the standard definition of craft. Certain art ceramicists contest the cultural ranking that policymakers apply which excludes art-crafts from the purview of art. To claim recognition for the composite nature of their practice, they seek recourse to the courts to create new legal norms. They also strive to expand the definition of art. The article demonstrates how shifts in the balance of power both inside a professional group and between the group and government agencies can influence institutional definitions of art.

Problems of theStufenbaulehre: Kelsen’s Failure to Derive the Validity of a Norm from Another Norm

2007 ◽  
Vol 20 (1) ◽  
pp. 35-67 ◽  
Author(s):  
András Jakab
Keyword(s):  
Legal Order ◽  
The Body ◽  
Dead Body ◽  
Basic Norm ◽  
The Difference ◽  
Theory Of Law ◽  
Transplanted Organs ◽  
Logical Result ◽  
Law Making

TheStufenbaulehreis a central and founding element of the Pure Theory of Law (PTL).Most of the criticism ofStufenbaulehretargets the idea of the basic norm (Grundnorm), however unjustified. This criticism stems from a misunderstanding of the presumptive character of the basic norm and of the whole legal order. Others have criticised the relativisation of the difference between individual and general norms, Kelsen’s monism, and the determination of the validity of a norm by a single other norm. This can be refuted as well - either because their critique does not concern an essential part ofStufenbaulehre(monism), or becauseStufenbaulehrecan be saved by making a small modification to it. However, there is one lethal criticism. It concerns the founding thought of the wholeStufenbaulehre, i.e., the derivation of validity. In a law-making process, there is never a derivation of validity: the logical result of a law-making process is only a norm saying “The new norm ought to be valid.” Whether the new norm is in fact valid, is a different issue which is not dealt with by the PTL. This has serious consequences: Without this derivationStufenbaulehrecannot survive, and withoutStufenbaulehre, PTL cannot survive either. Some valuable parts of PTL might be used in other legal theories, but these are nothing but transplanted organs from the dead body of PTL whose heart-Stufenbaulehre-can no longer keep the body alive.

scholarly journals Signs and features of law which cause the necessity of interpretation

2019 ◽  
Vol 74 (3) ◽  
pp. 64-71
Author(s):  
V. K. Antoshkina
Keyword(s):  
Legal Regulation ◽  
Legal Norms ◽  
Stage Of Development ◽  
Special Knowledge ◽  
The Will ◽  
Basic Approaches ◽  
Theory Of Law ◽  
Law And Legislation ◽  
High Degree ◽  
Law Making

In general theory of law basic approaches to interpreting norms have been developed, but they require more attention to be paid and their improvement, especially at the current stage of development of our society in the conditions of constant updating of normative material. That is why the reasons for interpretation, including the specificities of the various spheres of law and legislation, have become the object of research in this paper. The author mentions the opinions of legal scholars outlined for the reasons that necessitate the interpretation of legal requirements. While agreeing with the statements and conclusions given, it is advisable to analyze these reasons in more detail and to supplement them. The paper concludes that the reasons for the need for interpretation can be divided into two groups: - objective – can not be resolved and can not be interpreted as the fault of the legislator (clarification of the will of the legislator, which can be changed over time, clarification of any form of language that has some autonomy from thought, abstract nature of the norms of law, clarification special terms, etc.); - subjective – the result of faults by legislators, which, in due regard, could have been eliminated while the creation of a legal act (poor edition of the text of the normative act, lack of special knowledge of the author of the normative act, the presence of conflicts between normative acts which are regulating the same issue, inappropriate usage of the rules of law-making technique, etc.). Attention is also paid to the fact that the subject of interpretation of law while doing it must take into account the peculiarities of the regime of legal regulation, the main grounds, principles and approaches to the statement of the rules of one or another field of law, etc. These problems are being solved with the help of different types of interpretation of legal norms. According to the conducted research, the reasons for the need to interpret legal norms are connected not only with miscalculations made by the legislator in the formulations of the texts of laws, their failure, inaccuracy, discrepancy, etc. Therefore, improving the legislation, eliminating law-making errors does not cause the loss of the role of law interpretation in the process of its implementation. Moreover, the better the current legislation is, the more thoughtful the interpretation of its requirements should be. After all, perfect law always has a very high degree of abstractness of the rules of conduct enshrined in it, which makes relevant further scientific research in this field.

scholarly journals Rumah Bulat Sebagai Markas Perjuangan Pemuda Bakumpai Marabahan Borneo Bagian Selatan (1929-1946)

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Mohamad Zaenal Arifin Anis ◽  
Mansyur Mansyur ◽  
Hairiyadi Hairiyadi ◽  
Rusdi Effendi ◽  
Wisnu Subroto ◽  
...  
Keyword(s):  
20Th Century ◽  
Growth And Development ◽  
Youth Organizations ◽  
Learning Resource ◽  
Historical Method ◽  
The Status ◽  
Heritage Building ◽  
Important Position ◽  
Movement Organizations

The stage of Indonesian history, especially southern Borneo (Kalimantan), in the first decade of the 20th century was marked by the growth and development of nationalism. The main actors are the youngsters. From 1929-1942, there were many movement organizations with various characteristics. The organization is generally based in one headquarters. Among them are Bakumpai’s youth organizations such as the Marabahan Youth Association (PPM), the Marabahan Branch of Sarekat Islam up to the Taman Siswa School which is headquartered in Round House, Marabahan. Historical studies of the existence of round houses are still not enough. Spatial aspects (place of events) still get a small portion in local historiography. This study aims to describe the existence of Round House as the headquarters for the Marabahan Youngsters (Bakumpai) in Marabahan, Southern Borneo, in 1929 -1946. This research used a historical method with heuristics, criticism, interpretation and historiography stages. The results of the research showed that Round House is a symbolic name for the determination of the Bakumpai youngsters to fight through the organization. Originally named the Joglo Cap Crown House, as a symbol of the glory of the Bakumpai Merchant. The Cap Crown house later changed its name to Round House after becoming the headquarters of the Marabahan Youth Association and the Marabahan Branch of Islamic Sarekat in 1929. This house was also the location of the Sarekat Borneo (Kalimantan) Congress in 1930. Round House also became the school area for PHIS-Taman Siswa Branch in 1931. Due to its important position, Round House became the Headquarters of Indonesian People's Rebellion Front (BPRI) before the return of NICA to southern Borneo in 1945. This building has the status of a cultural heritage building in 2011. However, unfortunately, it is still minimally functioning as a learning resource, place or learning facility for students.

The Validity of Rector�s Circular Letter on the Covid-19 Pandemic

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
State Universities ◽  
Ministry Of Education ◽  
Conceptual Approach ◽  
State Of Emergency ◽  
Circular Letter ◽  
The Status ◽  
The Government

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�

EAST INDIAN AND OTHER DOCKS IN LONDON: IMPERIAL ARCHITECTURE, COLONIAL TRADE AND POSTCOLONIAL MEMORY

2020 ◽  
pp. 190-205
Author(s):  
S. E. Sidorova ◽  
Keyword(s):  
20Th Century ◽  
Industrial Revolution ◽  
Historical Memory ◽  
Visual Image ◽  
East Indian ◽  
Architectural Representation ◽  
The World ◽  
The Status ◽  
Postcolonial History ◽  
The City

The article concentrates on the colonial and postcolonial history, architecture and topography of the southeastern areas of London, where on both banks of the River Thames in the 18th–20th centuries there were located the docks, which became an architectural and engineering response to the rapidly developing trade of England with territories in the Western and Eastern hemispheres of the world. Constructions for various purposes — pools for loading, unloading and repairing ships, piers, shipyards, office and warehouse premises, sites equipped with forges, carpenter’s workshops, shops, canteens, hotels — have radically changed the bank line of the Thames and appearance of the British capital, which has acquired the status of the center of a huge empire. Docks, which by the beginning of the 20th century, occupied an area of 21 hectares, were the seamy side of an imperial-colonial enterprise, a space of hard and routine work that had a specific architectural representation. It was a necessary part of the city intended for the exchange of goods, where the usual ideas about the beauty gave way to considerations of safety, functionality and economy. Not distinguished by architectural grace, chaotically built up, dirty, smoky and fetid, the area was one of the most significant symbols of England during the industrial revolution and colonial rule. The visual image of this greatness was strikingly different from the architectural samples of previous eras, forcing contemporaries to get used to the new industrial aesthetics. Having disappeared in the second half of the 20th century from the city map, they continue to retain a special place in the mental landscape of the city and the historical memory of the townspeople, which is reflected in the chain of museums located in this area that tell the history of English navigation, England’s participation in geographical discoveries, the stages of conquering the world, creating an empire and ways to acquire the wealth of the nation.

Why Repentance Affects Divine Punishment but Not Human Punishment?

2015 ◽  
Vol 4 (1) ◽  
pp. 96-115
Author(s):  
Shoval Shafat
Keyword(s):  
Criminal Law ◽  
Human Beings ◽  
The Status ◽  
Divine Punishment ◽  
Divine Mercy ◽  
Rabbinic Courts

The aim of the discussion in this article is to explore two different Rabbinic explanations for the status of repentance in human and divine punishment, and to emphasize the essential distinction between them. According to the first explanation the source of accepting repentance is divine mercy upon human beings. Since mercy is not a legitimate consideration in conviction or even in determination of punishment in Jewish criminal law there is no wonder why repentance does not have any role during the criminal procedures in rabbinic court. According to the second explanation the acceptance of repentance by God is similar to the acceptance of flattery and bribe by a Roman corrupted judge. God decides to accept repentance and to forgive the transgressors since it better serves God’s interests. This analogy between repentance and flattery and bribery then explains why rabbinic courts do not take repentance into account.

ASSOCIATIVITY AS A FORMATION SOURCE OF A MUSICAL COMPOSITION EDITING FORM OF THE SECOND HALF OF THE 20TH CENTURY

2021 ◽  
pp. 22-31
Author(s):  
ZARINA DENISOVA
Keyword(s):  
Characteristic Feature ◽  
20Th Century ◽  
Musical Composition ◽  
Musical Work ◽  
The Status ◽  
Associative Connection ◽  
New Type ◽  
General Scientific ◽  
A Chain ◽  
Russian Composers

The object of the research in this article is associativity as a characteristic feature of 20th century art. The nature, the role of the association in the work of artistic thinking, the principles of its functioning are considered. The subject of the research is the editing form of a musical work of the second half of the 20th century. Particular attention in the article is paid to the consideration of such an important factor influencing the formation of a stable associative connection as repetition. At the same time, it is specified that repetition is caused by a specific life situation. This repetition forms a chain of associations that create an integral content space of a musical work. The work uses general scientific research methods in the framework of comparative and logical analysis, including generalizations and comparisons. The work is based on the analytical method and has a systemic interdisciplinary nature as well. In revealing the specifics of the installation form, the author of the article turns to the theory of compositional ellipsis V. Bobrovsky. The main conclusion of the study is that the importance of associativity in the work of Russian composers in the second half of the 20th century is increasing, reaching the status of a characteristic feature of artistic thinking. The process of expanding associativity manifested itself, in particular, in the emergence in musical creativity of a new type of form creation - editing. The analysis revealed the features inherent in the montage type of construction of a work of art. This is the dismemberment of thematic material, the syntactic isolation of thematic structures, the organization of the form «from the end», the internal unity of the mosaic structure, and others. The novelty of this research lies in the fact that for the first time associativity is considered as a source of montage shaping, in the choice of research methodology, as well as in the identification of special features of the composition, manifested in the conditions of montage drama.

scholarly journals Methods for Structural Stress Determination according to EN 13445-3 Annex NA – Comparison with other Codes for Unfired Pressure Vessels

2018 ◽  
Vol 165 ◽  
pp. 10003
Author(s):  
Ralf Trieglaff ◽  
Jürgen Rudolph ◽  
Martin Beckert ◽  
Daniel Friers
Keyword(s):  
Pressure Vessel ◽  
Pressure Vessels ◽  
Structural Stress ◽  
Stress Determination ◽  
User Friendliness ◽  
Fatigue Assessment ◽  
Shell Elements ◽  
European Working ◽  
The Status

The European Pressure Vessel Standard EN 13445 provides in its part 3 (Design) a simplified method (Clause 17) and a detailed method for fatigue assessment (Clause 18). Clause 18 “Detailed Assessment of Fatigue Life” is under revision within the framework of the European working group CEN/TC 54/WG 53 – Design methods with the aim of reaching a significant increase in user-friendliness and a clear guideline for the application. This paper is focused on the new informative annex NA ”Instructions for structural stress oriented finite elements analyses using brick and shell elements”. As an essential amendment for the practical user, the determination of structural stress ranges for fatigue assessment of welds is further specified in this new annex. Different application methods for the determination of structural stresses are explained in connection with the requirements for finite element models and analyses. This paper will give a short overview of the proposed approaches of structural stress determination in annex NA of the revised EN 13445-3. It will present the status of the approaches based on the results of fatigue analyses according to EN 13445-3 Clause 18 for different application examples. For verification purposes, the results of the approaches proposed in EN 13445-3 are compared with the results of other pressure vessel design codes for nuclear and non-nuclear application.

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