Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

scholarly journals La interpretación del mandamiento del amor en la ética kantiana. The Interpretation of Love Commandment in Kantian Ethics

2017 ◽  
Author(s):  
Juan Pablo Martínez Martínez
Keyword(s):  
The Other ◽  
Moral Experience ◽  
Kantian Ethics ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
Correct Understanding

La exégesis que Kant lleva a cabo del mandamiento evangélico del amor en la KpV y en la Fundamentación de la Metafísica de las costumbres pone en juego algunos de los principales aspectos de la “doctrina” ética kantiana. En este trabajo me propongo analizar si el enfoque moral kantiano sería el instrumento hermenéutico adecuado para una correcta comprensión no sólo del imperativo evangélico, sino de la realidad ética en la que el hombre, por un lado, se desenvuelve, y por otro lado, vivencia precisamente en medio de los valores ambivalentes o más bien anfibológicos que caracterizan a toda experiencia moral humana impresa con el sello de la autenticidad.The exegesis that Kant realizes about the Gospel commandment of love in the KpV and the Groundwork of the Metaphysic of Morals shows some of the main aspects of the “doctrine” Kantian ethics. In this paper, I will analyze whether the kantian moral approach would be the right tool to get a correct understanding of the imperative Gospel and the ethics reality in which, on the one hand, the man grows and, on the other hand, has experience right in the middle of ambivalent or ambiguous values that distinguish every human moral experience printed with the stamp of authenticity.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

“The Party of Extreme Opposition”

2021 ◽  
pp. 155-182
Author(s):  
Faith Hillis
Keyword(s):  
The Other ◽  
Jewish Question ◽  
Other Hand ◽  
New Energy ◽  
The One ◽  
The Revolution

This chapter examines the ways in which Bolshevism was shaped by the émigré milieu. On the one hand, the chapter treats Lenin’s new movement as a response to the failures of émigré politics. On the other hand, the early Bolsheviks continued the august émigré tradition of living the revolution and depended on the unique space of the colonies as well as the encounters that they generated to define their new revolutionary program. Although the emergence of Bolshevism infused émigré society with new energy, it also intensified its discontents. The Bolsheviks’ polemical stance on the so-called Jewish question proved particularly destructive.

Part I General Aspects, 2 The IPO Process, IPO Disclosure, and the Prospectus Regulation

2020 ◽  
Author(s):  
Teerink Han
Keyword(s):  
Initial Public Offering ◽  
The Other ◽  
Business Information ◽  
Other Hand ◽  
The One ◽  
General Aspects ◽  
Public Offering ◽  
The Right ◽  
Insight Into

This chapter offers insight into a typical initial public offering (IPO) process, highlighting key practical and legal considerations around disclosure, through the IPO prospectus and otherwise. The prospectus plays a key role in the preparations for, and execution of, an IPO. As an IPO prospectus typically constitutes a company's first public dissemination of financial and business information, the company and other parties involved in the IPO process must carefully consider the right balance between, on the one hand, drafting the IPO prospectus as a marketing document introducing the company and its business to potential investors, whilst, on the other hand, being able to use the prospectus as a disclosure document that protects the company against liability arising from claims from investors or others after the IPO. Here, the chapter summarizes the different phases in an IPO process and the most important documents and parties involved, focusing on the central role of the IPO prospectus. In addition, a number of changes resulting from the enactment of the Prospectus Regulation are likely to be of particular relevance to IPO processes. The expected impact of these changes is therefore also discussed.

scholarly journals Autonomy and Aesthetic Engagement

Mind ◽  
2019 ◽  
Vol 129 (516) ◽  
pp. 1127-1156 ◽  
Author(s):  
C Thi Nguyen
Keyword(s):  
The Other ◽  
Aesthetic Appreciation ◽  
Aesthetic Value ◽  
Aesthetic Object ◽  
Other Hand ◽  
Motivational Structure ◽  
The Aesthetic ◽  
The One ◽  
The Right ◽  
Aesthetic Judgments

Abstract There seems to be a deep tension between two aspects of aesthetic appreciation. On the one hand, we care about getting things right. Our attempts at aesthetic judgments aim at correctness. On the other hand, we demand autonomy. We want appreciators to arrive at their aesthetic judgments through their own cognitive efforts, rather than through deferring to experts. These two demands seem to be in tension; after all, if we want to get the right judgments, we should defer to the judgments of experts. How can we resolve this tension? The best explanation, I suggest, is that aesthetic appreciation is something like a game. When we play a game, we try to win. But often, winning isn’t the point; playing is. Aesthetic appreciation involves the same flipped motivational structure: we aim at the goal of correctness, but having correct judgments isn’t the point. The point is the engaged process of interpreting, investigating, and exploring the aesthetic object. When one defers to aesthetic testimony, then, one makes the same mistake as when one looks up the answer to a puzzle, rather than solving it for oneself. The shortcut defeats the whole point. This suggests a new account of aesthetic value: the engagement account. The primary value of the activity of aesthetic appreciation lies in the process of trying to generate correct judgments, and not in having correct judgments.

A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia

2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Status Quo ◽  
The Other ◽  
Faith Communities ◽  
Human Right ◽  
The Status ◽  
Research Gap ◽  
The One ◽  
The Right

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.

scholarly journals Kontrrewolucyjna idea Europy. Rozważania Edmunda Burke’a o tożsamości europejskiej

2018 ◽  
Vol 3 ◽  
pp. 111-126
Author(s):  
Romuald Rydz
Keyword(s):  
Political Thought ◽  
18Th Century ◽  
The Other ◽  
Edmund Burke ◽  
House Of Commons ◽  
Other Hand ◽  
The World ◽  
The One ◽  
The Revolution

1 listopada 1790 r. w Londynie został opublikowany jeden z najważniejszych tek­stów osiemnastowiecznej brytyjskiej myśli politycznej. Autorem dzieła znanego pod skróconym ty­tułem jako Rozważania o rewolucji we Francji był Edmund Burke — jeden z najbardziej znanych wigowskich posłów zasiadających w Izbie Gmin. Choć Burke w Rozważaniach występował przede wszystkim jako obrońca brytyjskiego porządku i zwyczaju politycznego, to zarówno w tym dziele, jak i wielu następnych tekstach można zauważyć, że przedmiotem jego troski była także wspólnota europejska. Wydaje się, że autor Rozważań jako je­den z pierwszych przedstawicieli ówczesnego świata polityki dostrzegł w rewolucyjnej gorączce roz­przestrzeniającej się z Paryża groźbę dla całej Europy. Owo niebezpieczeństwo Burke porównywał, z jednej strony, do fali barbarzyństwa, która zalała Rzym i zniszczyła cywilizację antyczną w okresie wędrówki ludów, z drugiej zaś — przypisywał mu cechy rewolucji religijnej, podobnej do tej, któ-ra podzieliła kontynent w XVI i XVII stuleciu. Było to więc w jego opinii podwójne zagrożenie, które mogło zniszczyć zarówno podstawy materialne Europy, jak i jej kościec kulturowy.A counter-revolutionary idea of Europe. Edmund Burke’s reflections on European identityOn 1st November 1790, one of the most important texts of the 18th century British political thought was published in London. The author of the work, known under the shortened title as Reflections on the Revolution in France, was Edmund Burke, one of the best-known Whigs sitting in the House of Commons. Although in Reflections Burke was above all a defender of the British order and political custom, it can be noticed, both in this work and many subsequent texts, that he was also concerned for Euro­pean community. It seems that the author of Reflections was among the first representatives of the world of politics at that time who viewed the revolutionary fever that was spreading from Paris as a threat to the whole Europe. Burke compared this danger, on the one hand, to the Barbarian wave that had flooded Rome and destroyed the antique civilisation in the Migrations Period, while on the other hand he ascribed it characteristics of a religious revolution, similar to the one that divided the continent in the 16th and 17th centuries. Thus, it was, in his opinion, a double threat. It could destroy both the material foundations of Europe and its cultural core.

scholarly journals THE SOUTH-EASTERN BORDER REGION OF THE HITTITE STATE

2016 ◽  
pp. 19-30
Author(s):  
ROBERT GHAZARYAN
Keyword(s):  
Border Region ◽  
The Other ◽  
The South ◽  
The North ◽  
Other Hand ◽  
Euphrates Valley ◽  
Important Position ◽  
The One ◽  
The Right ◽  
Armenian Highland

Tegarama was one of the eastern lands of the Hittite Kingdom. In the geographic sense it is part of the Armenian Highland that is why its history is of special interest to us. Taking into account the fact that the Armenian people had considerable ethnic ties with the Upper Euphrates region, specialists have traditionally tended to identify “Home of Torgom” in the Trans Euphrates region together with the city Tegarama (Assyrian Til-Garimmu) mentioned from the 2nd millennium BC. “Home of Torgom” literally repeats Bet-Togarma mentioned in the Bible. The study of the history of the country of Tegarama is also important because in Armenian historiography, starting from Movses Khorenatsi, Armenian ancestor Hayk is called “Son of Torgom”, and the Armenian people - “People of Torgom”. Most of the researchers located Tegarama in the place of the present settlement Gyurun. By comparing the “Cappadocian”, Hittite and Assyrian sources, Tegarama can be located in the Upper Euphrates valley, on the right bank of the river, to the north of Kargamis, to the west of Isuwa, to the south of Upper Land and to the east of Kanes. The territory of Tegarama was not far from Nesa - one of the initial centers of the Hittites; and it was also one of the initial places of inhabitance of the Hittites. Tegarama also occupied a strategically important position. On the one hand it bordered on the country of Mitanni, on the other hand - on Isuwa. Thus, the country of Tegarama occupied a significant geographic position: on the one hand roads led from here to other western districts of the Armenian Highland, to Tsopk, and on the other hand - to Northern Syria and Northern Mesopotamia. It was also one of the spiritual centers of Hatti.

scholarly journals Arendt og Kafka

2011 ◽  
Vol 26 (66) ◽  
Author(s):  
Isak Winkel Holm
Keyword(s):  
Hannah Arendt ◽  
Franz Kafka ◽  
Fundamental Question ◽  
The Other ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
Opening Up

Isak Winkel Holm: “Arendt and Kafka. The Right to Rights in Franz Kafka’s ‘The Metamorphosis’”Franz Kafka experienced a legal and political vacuum opening up in the middle of civilized Europe, Hannah Arendt saw it culminating in the death camps. In this sinister historical situation both authors were not so much interested in the question of specific rights as in the more fundamental question of the right to have rights – to use Arendt’s famous formula. This essay explores the intricate relationship between Kafka’s and Arendt’s analyses of the “calamity of the rightless”. On the one hand, Kafka’s literary diagnosis of rightlessness will be reconstructed through a reading of his story “The Metamorphosis”; on the other hand, Arendt’s philosophical portrait of the rightless refugee will be developed in a discussion of her early Kafka essays and, first of all, of her Origins of Totalitarianism. The contention is that Arendt’s notion of the right to have rights and, hence, her reading of Kafka function as important corrections of modern Kafka research.

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