scholarly journals Odmowa uznania w Polsce rozwodu talaq na tle prawnoporównawczym

2020 ◽  
pp. 7-37 ◽  
Author(s):  
Maciej Zachariasiewicz
Keyword(s):  
Public Policy ◽  
Legal System ◽  
Due Process ◽  
Financial Protection ◽  
Considerable Time ◽  
The Public ◽  
Muslim Countries ◽  
The Stability ◽  
The Individual ◽  
The Given

The article deals with the recognition of talaq divorces (repudiation) in Poland and discusses reasons to oppose thereto. There are no doubts that repudiation of a wife, as known in Islamic legal systems, is contrary to fundamental principles of the Polish legal system. First, talaqs are discriminatory since they are available only for the men. The equality of spouses is thus violated. Second, the principle of the stability of marriage is infringed, given that repudiation does not often require to satisfy any conditions or requirements (other than repeating three times the word talaq). The author argues, however, that despite being in clear violation of the Polish public policy, talaq divorces should sometimes be recognized. In each and every case, the court must assess the individual circumstances of the case at hand. In particular, the recognition might be justified if the links of the case with the forum are weak. Likewise, if considerable time has passed since the divorce and the spouses to the repudiated marriage started new lives (especially entered new marriages), might the court refrain from enforcing Polish public policy. The court should also investigate the details of the talaq in question, because thelaws and practice of the various Muslim countries differ considerably. Not all talaqs are of the same kind. It is relevant to what extent the given talaq was unilateral or whether the woman has somehow consented to divorce and the degree of financial protection offered to the repudiated spouse. The involvement of the public authority which ensures that due process is observed and women’s rights are protected, might also justify recognition of the talaq divorce.

“Crafty Advertisers”: Literary versus Literal Deceptiveness

1992 ◽  
Vol 11 (1) ◽  
pp. 72-81 ◽  
Author(s):  
Barbara B. Stern
Keyword(s):  
Public Policy ◽  
Literary Theory ◽  
Artistic Creativity ◽  
The Public ◽  
Literary Forms ◽  
Multiple Meanings ◽  
Message Claims ◽  
The Individual ◽  
Verbal Meaning

The purpose of this paper is to use literary theory to extend prior categorizations of message claims that are likely to result in deception by implication from the level of the individual claim to that of the advertisement's overall meaning. The paper will first summarize three literary forms that advertising has adapted—metonymy, irony, and absurdity—and discuss each in terms of how form and content interact to yield the whole verbal meaning of a text. These forms can be used to structure an ad so that the totality misleads the consumer by perverting meaning in three different ways. Metonymy can mislead by adding multiple meanings; irony, by hiding doubled meanings; and absurdism, by conveying subjectively ambiguous meanings. Advertising examples will be presented in the discussion. The paper will conclude with research suggestions for gaining greater understanding of how artistic creativity can be balanced with the public policy need to protect the consumer from deception by innuendo.

scholarly journals Possible Assessment of the Stability and Sustainability of Modern State Systems

2021 ◽  
pp. 76-83
Author(s):  
Maksim Vilisov ◽  
Kirill Telin ◽  
Kirill Filimonov
Keyword(s):  
Public Policy ◽  
Scientific Literature ◽  
Political Process ◽  
Structured Interviews ◽  
State Institutions ◽  
The Public ◽  
Modern Politics ◽  
Public Area ◽  
The Stability

Based on the analysis of scientific resources on the theory of government, political process and public policy, the authors substantiate a conceptual model for assessing the stability and sustainability of state systems. The model is based on empirical analysis of the stability and sustainability of state systems obtained through semi-structured interviews with experts. The authors’ approach includes four main parameters for assessing the stability and sustainability of state systems with the focus on the role of state institutions in coordinating modern politics. The authors emphasize that the notion of ‘transition from government to governance’ often discussed in Russian and foreign scientific literature only demonstrates the possible changes in the role of state institutions in the public area and directions of transformation of public policy, without directly imply that. In this case, it seems promising to search for such conditions that would direct the transformation, and to develop a conceptual framework for diagnosing the state systems’ capacity to change.

Squaring the public policy circle

2013 ◽  
Author(s):  
Peter Taylor-Gooby
Keyword(s):  
Public Policy ◽  
Public Opinion ◽  
Policy Making ◽  
Public Support ◽  
Voluntary Sector ◽  
Public Provision ◽  
Target Setting ◽  
The Public ◽  
The Individual ◽  
Democratic Debate

This chapter examines the strategies that have been developed to manage the dilemma between maintaining services and constraint. These include shifting responsibility in various areas towards the market and the individual or voluntary sector, target-setting, manifold attempts to manage and restrain public provision, and attempts to change people's behaviour to cut demand. It argues that none of these approaches is entirely acceptable to public opinion and none has been markedly successful in solving the problem. This suggests that the dilemma of spending versus cutting will continue to underlie policy-making, that future policies must combine a range of approaches, and that greater attention to fostering a more informed and genuinely democratic debate is necessary so that new policy directions will be able to gain public support.

scholarly journals MOTIVATION OF CIVIL SERVANTS FROM ARCHETYPICAL APPROACH PERSPECTIVE: THEORY AND PROBLEM ISSUES

2018 ◽  
Vol 1 (14) ◽  
pp. 356-366
Author(s):  
Viktoria Mykolaivna Shchegortsova
Keyword(s):  
Public Administration ◽  
Civil Servants ◽  
Public Servants ◽  
The Public ◽  
Human Needs ◽  
Perspective Theory ◽  
Wage Rates ◽  
Complex Relationships ◽  
The Stability ◽  
The Individual

The theoretical bases of motivation of civil servants are considered in the article. The description of the basic motivational theories is presented. Substantive theories of motivation (A. Maslow, K. Alderfer, D. McCleland, F. Hertzberg) are based on the analysis of the motivational sphere of a person, on the direct relationship between satisfaction/dissatisfaction of human needs and motivation. In the procedural theories of motivation (V. Vroom, J. Adams, E. Lock, Porter-Lawler theory), the process of motivation is studied and attention is focused on the influence of external factors on the motivation of a person. On the basis of a review of the achievements of the scientific foundations of motivation, recommendations were made to the heads of the public administration authorities on the implementation of the motivation function. Generalized the main problems of labor motivation, typical for staff, regardless of the form of ownership of the organization. The following problems and obstacles in personnel motivation are identified: the complexity of research and determination of the motives of the individual, the problem of fairness in evaluating the performance of management and staff, dissatisfaction with hygiene factors, complex relationships in the team, inadequate expectations on the part of the employee, many innovations and changes in organization of work, monotony of activity, incompatibility of the worker’s qualification with the level of work, constant changes, stressful situations can cause apathy to slave father. Based on the results of the expert survey, the main problems of labor motivation in public administration bodies were identified. The system of motivating public servants has a number of shortcomings: dissatisfaction with the size of material security, the existence of state-wide interdepartmental and regional differences in the wage rates of civil servants, injustice with individual bonuses. The motivation of public servants is based on the opportunities for career growth, increasing competence, the prestige of working in government bodies, the stability of employment, job satisfaction, the amount of annual leave, good pensions and the opportunity to be involved in significant cases for society.

scholarly journals Legal Certainty and Democracy: What the “Constitutional Legislator” Allows

2020 ◽  
Vol 20 (4) ◽  
pp. 439-448
Author(s):  
Mikhail V. Presnyakov ◽  
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
The Stability ◽  
The One ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
Democratic Transformation

Introduction. The article analyzes the legal certainty of the individual as the stability of the content of fundamental rights and freedoms in the context of democratic processes of reforming the current legislation and the Constitution of the Russian Federation. Theoretical analysis. The article notes that the need for stability of fundamental human rights and freedoms is in some contradiction with their dynamic, evolutionary nature. The author questions the possible and necessary limits of majority democratic will with regard to the transformation of the legal system, in general, and constitutional rights and freedoms, in particular. The article addresses some “points of tension” between democracy and the rule of law. Results. On the basis of the article, it is concluded that participation in the processes of democratic transformation of the legal system can be considered as a right to democracy and, in this understanding, it needs the search for a balance with other fundamental rights and freedoms. It is on the basis of this balance that the legal certainty of the individual must be ensured, combining, on the one hand, the stability of the substantive characteristics of fundamental rights and freedoms, and, on the other hand, the expansion of legal claims and the evolution of human rights.

Uzasadnienie voti separati a prawo do sądu. Zależności i gwarancje

2014 ◽  
pp. 49-60
Author(s):  
Mateusz Grochowski
Keyword(s):  
Legal System ◽  
Due Process ◽  
Application Of Law ◽  
Social Prestige ◽  
The Stability ◽  
Insight Into

The text provides an insight into the relation between the formal motives (justifycation) of votum separatum in judicial proceedngs and a right to due process. Because of to the complex axiological and functional character of the motives of judge’s dissent, the interdependence in question is not obvious, nor clear. Weakening the stability and social prestige of the judgment, as well as breaking the confidency of judges’ dispute, the votum separatum (mainly through its motives) contributes simultaneously to improving the overall quality of discourse accompanying application of law. It provides new points of reference that can or ought to be addressed at a few levels – within the grounds of the judgment (against which the dissent has been directed), by the court of higher instance, by other courts, as a „quasi-precedential” ruling, etc. For that reasons, although the separate opinion is not an obviouness for the legal system, introduction of this instrument entails quite automatically a need for a duty to justify it.

Introduction

2018 ◽  
pp. 1-10
Author(s):  
Pekka Sulkunen ◽  
Thomas F. Babor ◽  
Jenny Cisneros Örnberg ◽  
Michael Egerer ◽  
Matilda Hellman ◽  
...  
Keyword(s):  
Public Policy ◽  
Political Economy ◽  
Public Interest ◽  
The Political ◽  
The Public ◽  
Vested Interests ◽  
Public Revenue ◽  
Harm Prevention ◽  
The Individual ◽  
Gambling Policy

This chapter describes a public interest approach to gambling. Issues are approached from the perspective of what policies will best serve the public good, and minimize the individual and collective harms related to the activity. Public policy on gambling faces two problems. First, gambling produces public revenue which, simultaneously, generates costs due to gambling-related problems. Secondly, vested interests in gambling revenue can limit harm prevention efforts in the public interest. This perspective leads us to include in the analysis not only the game and the gambler but also the political economy of gambling. At both the individual and societal levels, scientific research on gambling and gambling policy can provide a valuable tool for the policymaker.

scholarly journals Problemas de aplicación regulados en el Reglamento Sucesorio Europeo = Aplication problems regulated by the EU Succession Regulation

2019 ◽  
Vol 11 (1) ◽  
pp. 498
Author(s):  
Juliana Rodríguez Rodrigo
Keyword(s):  
Public Policy ◽  
International Law ◽  
Legal System ◽  
Private International Law ◽  
The Public ◽  
General Line ◽  
European Regulations ◽  
The One ◽  
The Eu

Resumen: En este trabajo vamos a explicar los tres problemas de aplicación que se encuentran contemplados en el Reglamento sucesorio europeo. De los tres, el orden público, la remisión a ordena­mientos plurilegislativos y el reenvío, este último es el que presenta una regulación más particular. En efecto, esta norma sucesoria se aparta de la línea general de excluir esta figura que siguen el resto de Reglamentos europeos de Derecho Internacional Privado. Además de lo anterior, el Reglamento no sólo admite el reenvío sino que, también, lo permite hasta de segundo grado.Palabras clave: orden público, ordenamientos plurilegislativos, reenvío, Reglamento sucesorio europeo.Abstract: In this paper we will explain the three application problems that are covered by the European Succession Regulation. Of the three, the public policy, the remission to States with more than one legal system and the renvoi, the latter is the one that presents a more particular regulation. In effect, the Regulation departs from the general line of excluding this figure, which is followed by the rest of the European Regulations on Private International Law. In addition, the Regulation not only allows it, but also allows it up to the second degree.Keywords: public policy, states with more than one legal system, renvoi, the EU succession Re­gulation

BUREAUCRATIC LEARNING

PEDIATRICS ◽  
1978 ◽  
Vol 62 (3) ◽  
pp. 358-358
Author(s):  
Robert Nisbet
Keyword(s):  
Public Policy ◽  
Policy Maker ◽  
Human Condition ◽  
Great Power ◽  
Human Beings ◽  
The Public ◽  
The Past ◽  
The World ◽  
Post War ◽  
The Individual

Through the application of science, human beings in America and other parts of the world have been liberated from plagues, pestilences, threats of famine, hardship and torment that once seemed an unalterable part of the human condition. And until recently, all of this was rewarded by public and governmental respect. In the past few years, however, disenchantment has set in, with the public concluding that the post-war promises of learning were inflated and misleading. Much of science and scholarship has become obsessed with what it likes to think is a public-policy role, with the individual scholar only too happy to serve as policy maker. Unhappily, as the policy maker advances, the man of learning recedes. Bureaucratic learning has also become commercial. The large grant, the entrepreneurially established institute have come to wield great power. Thus a substantial amount of research that does not really require great amounts of money and complex organizations, that is indeed retarded in inspiration by them, demands them anyhow. Grantsmanship, at first a wry joke among academics, is by now a publicly recognized source of banality, trivialization and pretentiousness. Bureaucratic learning has lost its sense of proportion and of the true roots of knowledge.

scholarly journals Institutional Representation as Institutional Accountability in the Arkansas General Assembly

1984 ◽  
Vol 4 ◽  
pp. 40-55
Author(s):  
Donald E. Whistler ◽  
Charles DeWitt Dunn
Keyword(s):  
Public Policy ◽  
Political Community ◽  
General Assembly ◽  
Policy Positions ◽  
The Public ◽  
Institutional Accountability ◽  
The Many ◽  
The Individual ◽  
Institutional Representation

In her masterful analysis of the many faces of representation Hannah Fenichal Pitkin (1967) notes that the individual-representative-and-her/his-constituency is the typical way that representation has been conceptualized. And, the usual component studied in this representational interaction (since the influential Mi 1ler-Stokes work in 1963), is the congruence of the public policy positions of individual legislators and their constituencies (Eulau and Karps in Eulau and Wahlke, 1978:55-58). Pitkin suggests a change in focus to a conception of whom, what, and how a legislature as an overall system represents a political community rather than the individual-legislator-and-her/his-constituency conception

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